Tuna Family Mgmt Inc. et al v. All Trust Management Inc. et al
| Kenneth D. Gibbs, Tuna Family Mgmt Inc., Rachelle Risley and III Kenneth D. Gibbs |
| Sidharth Sethi, Samj Investments Inc., Italeats Inc., All Trust Management Inc. and Amit Sethi |
| 2:2020cv14017 |
| January 16, 2020 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Donald M Middlebrooks |
| Trademark |
| 15 U.S.C. § 1127 |
| None |
Docket Report
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Filing 48
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. of Taking Deposition of Defendant, Amit Sethi (McAliley, Eric)
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Filing 47
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. of Taking Deposition of Defendant, Amit Sethi (McAliley, Eric)
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Filing 46
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. of Taking Deposition of Defendant, Amit Sethi (McAliley, Eric)
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Filing 45
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. of Taking Deposition of Defendant, Sidharth Sethi (McAliley, Eric)
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Filing 44
ORDER SETTING TRIAL AND PRETRIAL SCHEDULE and ORDER OF REFERRAL TO MEDIATION: ( Jury Trial set for 5/10/2021 at 09:30 AM in Fort Pierce Division before Magistrate Judge Shaniek M. Maynard., Telephonic Calendar Call set for 5/5/2021 at 02:00 PM before Magistrate Judge Shaniek M. Maynard., Amended Pleadings due by 8/21/2020., Discovery due by 1/8/2021., Expert Discovery due by 1/8/2021., Fact Discovery due by 1/8/2021., Joinder of Parties due by 8/21/2020., In Limine Motions due by 3/12/2021. Dispositive Motions due by 2/10/2021. Motions due by 3/12/2021. Pretrial Stipulation due by 4/21/2021. ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Shaniek M. Maynard on 6/30/2020. See attached document for full details. Text Modified on 7/1/2020 (mee).
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Filing 43
ANSWER to Counterclaim by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc.. (McAliley, Eric)
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Filing 42
NOTICE of Mediator Selection and Hearing. Selected/Added James L. Nulman as Mediator. Mediation Hearing set for 7/15/2020 at 10:00 a.m.. (Kolaya, Timothy)
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Filing 41
Joint SCHEDULING REPORT - Rule 26(f) by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(McAliley, Eric)
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Filing 40
Amended ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. by Italeats Inc., Sidharth Sethi, All Trust Management Inc., Amit Sethi, Samj Investments Inc.. (Kolaya, Timothy) Modified to link to DE 29 on 6/4/2020 (mr1).
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Filing 39
PAPERLESS ORDER granting #38 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. By close of business on FRIDAY, JUNE 5, 2020, the Defendants shall file their Amended Answer to the Amended Complaint (DE 29). Signed by Magistrate Judge Shaniek M. Maynard on 6/4/2020. (pen)
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Filing 38
Unopposed MOTION for Leave to File Amended Answer and Affirmative Defenses to Amended Complaint and Counterclaims by All Trust Management Inc., Italeats Inc., Samj Investments Inc., Sidharth Sethi, Amit Sethi. Attorney Timothy Andrew Kolaya added to party Amit Sethi (pty:dft). (Attachments: #1 Exhibit 1 - Proposed Amended Answer, Affirmative Defenses, and Counterclaims)(Kolaya, Timothy)
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Filing 37
Order Requiring Joint Scheduling Report. Joint Scheduling Report due by 6/12/2020. Signed by Magistrate Judge Shaniek M. Maynard on 5/22/2020. See attached document for full details. (jas)
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Filing 36
ORDER OF REFERENCE. REASSIGNING CASE to Magistrate Judge Shaniek M. Maynard for all further proceedings, Judge Donald M. Middlebrooks no longer assigned to case. Signed by Judge Donald M. Middlebrooks on 5/15/2020. See attached document for full details. (mee)
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Filing 35
Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. (McAliley, Eric)
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Filing 34
ANSWER and Affirmative Defenses to Amended Complaint by All Trust Management Inc., Italeats Inc., Samj Investments Inc., Sidharth Sethi, Amit Sethi. Attorney Ian M. Ross added to party Amit Sethi (pty:dft). (Ross, Ian)
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Filing 33
PAPERLESS ORDER denying without prejudice #32 the Parties' Joint Motion to Amend the Scheduling Order. The Parties seek an extension of all remaining deadlines in this case, including trial, and state in support that progress in this case has been stalled due to COVID-19, particularly as the Parties are in the hospitality business. The Parties' concerns going forward relate primarily to their ability to conduct discovery, with specific concern as to depositions. Currently, the discovery deadline in this case is July 10, 2020. (DE #27 ). At this point, it is unclear whether it will be possible for the Parties to comply with this deadline. Understanding the widescale business disruption caused by the pandemic, I know that delays are inevitable and I intend to be responsive to the Parties' needs in this regard, however the Parties should still be making reasonably diligent efforts to comply with the deadlines in this case and alert me if there are specific obstacles they cannot overcome within the time frames provided. If, after an exercise of diligence, the Parties find that they are not able to comply with the Scheduling Order, they should file a renewed motion, stating with specificity why extensions are necessary. Signed by Judge Donald M. Middlebrooks on 4/8/2020. (gts)
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Filing 32
Joint MOTION to Continue and to Amend Order Setting Trial Date and Scheduling Order by All Trust Management Inc., Italeats Inc., Samj Investments Inc., Sidharth Sethi. Responses due by 4/21/2020 (Attachments: #1 Exhibit A Declaration, #2 Text of Proposed Order)(Ross, Ian)
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Filing 31
PAPERLESS ORDER denying as moot #23 Motion to Dismiss for Failure to State a Claim. Pursuant to Plaintiffs' Amended Complaint (DE #29 ), Defendants' Motion to Dismiss is denied as moot. Signed by Judge Donald M. Middlebrooks on 4/3/2020. (gts)
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Filing 30
Plaintiff's RESPONSE to #23 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc.. (McAliley, Eric)
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Filing 29
AMENDED COMPLAINT against All Defendants, filed by Tuna Family Mgmt Inc., Rachelle Risley, Kenneth D. Gibbs.(McAliley, Eric)
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Filing 28
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Shaniek M. Maynard: Scheduling Conference held on 3/24/2020. Pretrial Scheduling Order to issue. Total time in court: 10 minutes. Attorney Appearance(s): Ian M. Ross, Timothy Andrew Kolaya, Eric Lee McAliley, Lorena Michelle Alfonso, Other appearances: Ian Pate, Law Clerk. (Digital WebEx Conference SMM_01_3-24-2020) (cga)
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Filing 27
ORDER SETTING PRE-TRIAL SCHEDULE and ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 6/5/2020., Discovery due by 7/10/2020., Expert Discovery due by 7/10/2020., Joinder of Parties due by 6/5/2020., In Limine Motions due by 9/11/2020., Dispositive Motions due by 8/7/2020.), ORDER REFERRING CASE to Mediation. Mediation Deadline 9/4/2020. Signed by Magistrate Judge Shaniek M. Maynard on 3/24/2020. See attached document for full details. (cds)
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Filing 25
PAPERLESS ORDER SETTING FORTH NEW INSTRUCTIONS FOR CALLING IN TO THE TELEPHONIC HEARING: To join today's Scheduling Conference, each counsel shall call in separately to the telephone number (888) 684-8852 and use the Access Code: 5312437. Counsel is asked not to use a speakerphone and to call from a quiet environment without excessive background noise. Signed by Magistrate Judge Shaniek M. Maynard on 3/24/2020. (ip00)
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Filing 26
ORDER granting #21 Motion for Substitution of Counsel. Attorneys Timothy Andrew Kolaya and Ian M Ross added for All Trust Management Inc., Timothy Andrew Kolaya and Ian M Ross for Italeats Inc., Timothy Andrew Kolaya and Ian M Ross for Samj Investments Inc., Timothy Andrew Kolaya andIan M Ross for Sidharth Sethi. Attorney Donald J. Thomas terminated. Signed by Judge Donald M. Middlebrooks on 3/23/2020. See attached document for full details. (scn)
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Filing 24
Witness List Rule 26 Initial Disclosures by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc... (McAliley, Eric)
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Filing 23
MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by All Trust Management Inc., Italeats Inc., Samj Investments Inc., Sidharth Sethi. Responses due by 4/3/2020 (Ross, Ian)
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Filing 22
Joint SCHEDULING REPORT - Rule 16.1 by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. (Attachments: #1 Text of Proposed Order)(McAliley, Eric)
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Filing 21
Unopposed STIPULATED MOTION for Substitution of Counsel. Substituting Ian M. Ross and Timothy A. Kolaya for Donald Thomas by All Trust Management Inc., Italeats Inc., Samj Investments Inc., Sidharth Sethi. Attorney Ian M. Ross added to party All Trust Management Inc.(pty:dft), Attorney Ian M. Ross added to party Italeats Inc.(pty:dft), Attorney Ian M. Ross added to party Samj Investments Inc.(pty:dft), Attorney Ian M. Ross added to party Sidharth Sethi(pty:dft). Responses due by 4/2/2020 (Attachments: #1 Text of Proposed Order)(Ross, Ian)
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Set/Reset Answer Due Deadline: All Defendants. per DE 20 (cbr)
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Filing 20
PAPERLESS ORDER granting #19 Defendants' Unopposed Motion for Extension of Time. Defendants seek a 7-day extension of the deadline to respond to Plaintiffs' Complaint (DE #1 ) and state in support that additional time is needed as counsel was only recently obtained. I find good cause to grant the requested extension. Accordingly, Defendants must respond to Plaintiffs' Complaint on or before March 20, 2020. Signed by Judge Donald M. Middlebrooks on 3/16/2020. (gts)
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Filing 19
Second MOTION for Extension of Time to File Response/Reply/Answer by All Trust Management Inc., Italeats Inc., Samj Investments Inc., Sidharth Sethi. (Attachments: #1 Text of Proposed Order)(Thomas, Donald)
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Filing 18
ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE AND ORDER REQUIRING JOINT SCHEDULING REPORT. Telephonic Scheduling Conference set for 3/24/2020 at 02:00 PM before Magistrate Judge Shaniek M. Maynard. Signed by Magistrate Judge Shaniek M. Maynard on 2/27/2020. See attached document for full details. (mee)
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Filing 17
PAPERLESS ORDER granting #15 Defendants' Unopposed Motion for Extension of Time. Defendants seeks additional time to respond to Plaintiffs' Complaint (DE #1 ) and state in support that counsel was only recently obtained and currently has a busy litigation schedule. Therefore, Defendants request an extension until March 16, 2020. I find good cause to grant the requested relief. Accordingly, Defendants' response to Plaintiffs' complaint is due on or before March 16, 2020. No further extension of this deadline will be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 2/26/2020. (gts)
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Filing 16
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 11/9/2020 at 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks., Calendar Call set for 11/4/2020 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard to conduct a Scheduling Conference. Signed by Judge Donald M. Middlebrooks on 2/26/2020. See attached document for full details. (mee)
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Set/Reset Answer Due Deadline: All Defendants. per DE 17 (cbr)
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Filing 15
Defendant's MOTION for Extension of Time to File Response/Reply/Answer by All Trust Management Inc., Italeats Inc., Samj Investments Inc., Sidharth Sethi. Attorney Donald J. Thomas added to party All Trust Management Inc.(pty:dft), Attorney Donald J. Thomas added to party Italeats Inc.(pty:dft), Attorney Donald J. Thomas added to party Samj Investments Inc.(pty:dft), Attorney Donald J. Thomas added to party Sidharth Sethi(pty:dft). (Attachments: #1 Text of Proposed Order)(Thomas, Donald)
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Filing 14
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Tuna Family Mgmt Inc., Rachelle Risley, Kenneth D. Gibbs. Sidharth Sethi served on 2/15/2020, answer due 3/9/2020. (McAliley, Eric)
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Filing 13
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Tuna Family Mgmt Inc., Rachelle Risley, Kenneth D. Gibbs. Italeats Inc. served on 2/13/2020, answer due 3/5/2020. (McAliley, Eric)
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Filing 12
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Tuna Family Mgmt Inc., Rachelle Risley, Kenneth D. Gibbs. Samj Investments Inc. served on 2/13/2020, answer due 3/5/2020. (McAliley, Eric)
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Filing 11
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Tuna Family Mgmt Inc., Rachelle Risley, Kenneth D. Gibbs. All Trust Management Inc. served on 2/4/2020, answer due 2/25/2020. (McAliley, Eric)
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Filing 10
Summons Issued as to All Defendants. (cbr)
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Filing 9
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. (McAliley, Eric)
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Filing 8
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. (McAliley, Eric)
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Filing 7
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. (McAliley, Eric)
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Filing 6
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. re #1 Complaint (McAliley, Eric)
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Filing 5
NOTICE by Kenneth D. Gibbs, Rachelle Risley, Tuna Family Mgmt Inc. (McAliley, Eric)
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Filing 4
Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (mee)
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Filing 3
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (mee)
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Filing 2
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-12313914, filed by Tuna Family Mgmt Inc., Rachelle Risley, Kenneth D. Gibbs.(McAliley, Eric)
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