Kibbey v. Wagner et al
| Richard D. Kibbey |
| Jordan Wagner, Barbara Kibbey Wagner and Kibbey Wagner, PLLC |
| 2:2020cv14377 |
| October 23, 2020 |
| US District Court for the Southern District of Florida |
| Kenneth A Marra |
| Shaniek M Maynard |
| Trademark |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 7, 2021. A more recent docket listing may be available from PACER.
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Filing 25
ORDER DISMISSING CASE; granting #24 Joint MOTION to Dismiss with Prejudice 23 Settlement Conference filed by Richard D. Kibbey. All pending motions are denied as moot. This case is CLOSED. Signed by Judge Kenneth A. Marra on 1/7/2021. See attached document for full details. (ir)
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| Filing 24 Joint MOTION to Dismiss with Prejudice 23 Settlement Conference,, by Richard D. Kibbey. Responses due by 1/21/2021 (Jefferson, Bradford) |
| Filing 23 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: This hearing was held by Zoom Video Teleconference. Settlement Conference by Zoom Video held on 12/7/2020. Negotiations held. The case was settled. Terms of settlement entered, ratified and affirmed by the parties on the record. Settlement agreement to be completed within seven (7) days. Stipulation of Dismissal to be submitted within thirty (30) days. Total time in court: 5 hour(s) : 32 minutes. Attorney Appearance(s): Bradford L. Jefferson for Plaintiff; Patricia Mary Flanagan and Alex Louis Braunstein for Defendants. (Digital 10:01:53/17:25:13) (kza) |
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Filing 22
ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VIDEO TELECONFERENCE (VTC): Settlement Conference via Zoom Video Teleconference set for 12/7/2020 at 10:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Confidential settlement memoranda due by Friday, December 4, 2020. Signed by Magistrate Judge William Matthewman on 12/2/2020. See attached document for full details. (kza)
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| Filing 21 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held by Zoom Video Teleconference with all parties. Status Conference by Zoom Video held on 12/2/2020. Discussion held on setting a Settlement Conference. (Settlement Conference via Zoom Video Teleconference set for 12/7/2020 at 10:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman.). Confidential settlement memoranda due by Friday, December 4, 2020. Total time in court: 11 minutes. Attorney Appearance(s): Bradford L Jefferson for Plaintiff, Alex Louis Braunstein and Patricia Mary Flanagan for Defendants. (Digital 11:47:27) (kza) |
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Filing 20
PAPERLESS ORDER: The Honorable Kenneth A. Marra, United States District Judge, has referred this case to the undersigned for expedited mediation proceedings. A Status Conference shall be conducted via Zoom video teleconference on Wednesday, December 2, 2020, at 11:45 a.m. in the West Palm Beach Division before Magistrate Judge William Matthewman. The undersigned's Courtroom Deputy, Ken Zuniga, will email instructions for accessing the conference to counsel at a later date prior to the hearing. Counsel for the parties shall confer prior to the Status Conference and be prepared to briefly discuss possible dates for the settlement conference. Signed by Magistrate Judge William Matthewman on 11/25/2020. (no00)
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| Filing 19 CASE REFERRED to Magistrate Judge William Matthewman for mediation only per DE #18 . (ir) |
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Filing 18
ORDER granting #12 Motion for expedited mediation. This matter is referred to the Honorable William Matthewman for expedited mediation proceedings. The parties shall contact Judge Matthewman's chambers for further direction on the scheduling of mediation. Signed by Judge Kenneth A. Marra on 11/24/2020. See attached document for full details. (ir)
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| Filing 17 PAPERLESS Minute Entry for proceedings held before Judge Kenneth A. Marra: Motion Hearing held on 11/24/2020 re #12 Plaintiff's MOTION Motion for Expedited Mediation with Memorandum of Law filed by Richard D. Kibbey. Argument held. Court will issue order on mediation. Total time in court: 26 minutes. Attorney Appearance(s): Bradford L Jefferson, Alex Louis Braunstein, Patricia Mary Flanagan. Court Reporter: Stephen Franklin, 561-514-3768 / Stephen_Franklin@flsd.uscourts.gov. (ir) |
| Filing 16 NOTICE OF UNAVAILABILITY by Richard D. Kibbey for dates of 12/24/2020 through 1/1/2021 (Jefferson, Bradford) |
| Filing 15 RESPONSE in Opposition re #12 Plaintiff's MOTION Motion for Expedited Mediation with Memorandum of Law filed by Barbara Kibbey Wagner, Kibbey Wagner, PLLC, Jordan Wagner. Replies due by 11/30/2020. (Attachments: #1 Exhibit 1. Email Communications Between Plaintiff's Counsel and Defendants' Counsel Dated November 23, 2020, #2 Exhibit 2. Email Communications Between Plaintiff's Counsel and Defendants' Dated November 17, 2020)(Flanagan, Patricia) |
| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Richard D. Kibbey (Jefferson, Bradford) |
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Filing 13
PAPERLESS ORDER Setting Hearing on #12 Plaintiff's MOTION Motion for Expedited Mediation with Memorandum of Law : Motion Hearing set for 11/24/2020 01:30 PM in West Palm Beach Division before Judge Kenneth A. Marra. Dial by your location: +1 669 254 5252 US (San Jose); +1 646 828 7666 US (New York). Zoomgov.com Meeting ID: 161 044 3787; Passcode: 037588. Audio or video recording of hearing is strictly prohibited. Signed by Judge Kenneth A. Marra on 11/23/2020. (ir)
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| Filing 12 Plaintiff's MOTION Motion for Expedited Mediation with Memorandum of Law by Richard D. Kibbey. (Jefferson, Bradford) |
| Filing 11 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction with Affidavits, #10 Second MOTION for Preliminary Injunction with Affidavits filed by Barbara Kibbey Wagner, Kibbey Wagner, PLLC, Jordan Wagner. Replies due by 11/30/2020. (Attachments: #1 Affidavit (Declaration) of Barbara Kibbey, #2 Affidavit (Declaration) of Jordan Wagner, #3 Affidavit (Declaration) of Laura Krause, #4 Affidavit (Declaration) of Emma Bromley)(Flanagan, Patricia) |
| Filing 10 Second MOTION for Preliminary Injunction with Affidavits by Richard D. Kibbey. (Attachments: #1 Memorandum Memorandum of Law in Support of Amended Motion for Preliminary Injunction)(Jefferson, Bradford) |
| Filing 9 MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Barbara Kibbey Wagner, Kibbey Wagner, PLLC, Jordan Wagner. Responses due by 12/1/2020 (Attachments: #1 Exhibit 1. Kibbey Wagner, PLLC's Florida Department of State Records, #2 Exhibit 2. Barbara Kibbey's Florida Bar Records)(Flanagan, Patricia) |
| Filing 8 MOTION for Preliminary Injunction with Affidavits by Richard D. Kibbey. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Memorandum Memorandum of Law in Support of Preliminary Injunction)(Jefferson, Bradford) |
| Filing 7 First AMENDED COMPLAINT against All Parties, filed by Richard D. Kibbey.(Jefferson, Bradford) |
| Filing 6 Corporate Disclosure Statement by Kibbey Wagner, PLLC (Flanagan, Patricia) |
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Filing 5
Order Requiring Counsel to Confer and File Joint Scheduling Report. Signed by Judge Kenneth A. Marra on 10/26/2020. See attached document for full details. (ir)
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| Filing 4 Bar Letter re: Admissions sent to attorney Richard A. Barlow, mailing date October 23, 2020, (pt) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kenneth A. Marra 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) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint, Declaratory and Injunctive Relief, Dissolution of a Limited Liability Company, and Other Legal and Equitable Claims for Relief) Filing fee $ 400.00 receipt number AFLSDC-13747424,no answer/affirmative defenses filed by Kibbey Wagner, PLLC, Barbara Kibbey Wagner, Jordan Wagner. (Attachments: #1 Exhibit 1 - Martin County Action Case Documents, #2 Exhibit 2 - Letter dated July 17, 2020 from Plaintiff attaching Counsel Opinion Letter on Trademark Rights Implicated, #3 Exhibit 3 - Letter dated August 24, 2020 from Plaintiff, #4 Civil Cover Sheet)(Flanagan, Patricia)Text Modified on 10/23/2020 (mee). |
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