Adams v. C&C Sleeps LLC, et al.,
| Daniel Adams |
| C & C SLEEPS LLC a Florida limited liability Company doing business as Mattress by Appointment, J & L MATTRESS, LLC a Florida limited liability company doing business as Mattress by Appointment and STEVEN GILROY an individual doing business as Mattress by Appointment, Jupiter |
| Mattress By Appointment LLC |
| 2:2022cv14011 |
| January 7, 2022 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Copyright |
| 17 U.S.C. § 0501 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 30 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. The Parties have informed the Court that they have settled this matter. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a), Fed. R. Civ. P., within twenty (20) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. All pending motions, if any, are DENIED AS MOOT. The Clerk of Court is hereby INSTRUCTED to CLOSE this case. Signed by Judge K. Michael Moore on 2/28/2022. (tgr) |
| Filing 29 Summons Issued as to STEVEN GILROY. (ail) |
Filing 28
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Daniel Adams's ("Plaintiff") Unopposed Motion for Extension of Time. #25 . On February 9, 2022, Putative Intervenor Mattress by Appointment, LCC ("Putative Intervenor") filed a Partially Unopposed Motion to Intervene. #10 . Therein, Putative Intervenor seeks to intervene in the above-captioned case. See generally id. Attached to Putative Intervenor's Motion #10 is a Proposed Motion [10-1], which seeks to transfer this case to the Middle District of Florida or, in the alternative, to dismiss this case. See generally [10-1]. Now, Plaintiff is seeking an extension of time to respond to Putative Intervenor's Proposed Motion [10-1] by fourteen (14) days. #25 at 1. However, the Proposed Motion [10-1] has not been filed on the docket in this case. Rather, it appears that Putative Intervenor intends to file its Proposed Motion [10-1] in the event the Court grant's its Motion to Intervene #10 . The Court cannot extend a deadline which does not exist. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #19 is DENIED. Signed by Judge K. Michael Moore on 2/24/2022. (thn)
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| Filing 27 NOTICE of Filing Proposed Summons(es) to the Secretary of State by Daniel Adams (Attachments: #1 Affidavit) (Friedman, Jeremy) |
| Filing 26 MOTION for Extension of Time to Respond to Mattress by Appointment LLC's Motion to Transfer to the United States District Court for the Middle District of Florida, or in the alternative, Motion to Dismiss and Memorandum of Law in Support by Daniel Adams. Responses due by 3/9/2022 (Attachments: #1 Text of Proposed Order)(Friedman, Jeremy) |
| Filing 25 RESPONSE in Opposition re #10 MOTION to Intervene filed by Daniel Adams. Replies due by 3/2/2022. (Attachments: #1 Exhibit)(Friedman, Jeremy) |
| Set/Reset Response/Answer Due Deadline per DE 24 : C & C SLEEPS LLC response/answer due 3/12/2022; J & L MATTRESS, LLC response/answer due 3/12/2022. (pcs) |
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants C &C Sleeps, LLC ("C&C") and J & L Mattress, LLC's ("J&L") Renewed Motion for Extension of Time to Respond to Plaintiff's Complaint. #19 . On February 11, 2022, the Court denied Defendants C&C and J&L's Motion to Extend #13 because Plaintiff had yet to file a proof of return of service as to Defendants in the above captioned case. #10 . Now, Plaintiff has filed a returned summons as to Defendants C&C and J&L, which informs the Court that Defendants C&C and J&L were served on January 20, 2022. #17 ; #16 . Thus, the deadline for Defendants C&C and J&L to respond to the Complaint was on or before February 10, 2022. Fed. R. Civ. P. 12(a)(1)(A)(i) (providing that a defendant must respond to a complaint within 21 days after being served with the summons and complaint); Fed. R. Civ. P. 4(l)(1) ("Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit"). Now, Defendants C&C and J&L request a thirty (30) day extension of time to respond to the Complaint in order to provide additional time for Defendants C&C and J&L to investigate the facts of this case. Additionally, Defendants C&C and J&L argue that an extension is warranted in order to obtain the benefit of the Court's forthcoming order on Mattress by Appointment's Motion to Intervene #10 in advance of filing a response to the Complaint. #19 at 2. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #19 is GRANTED. Defendants C&C and J&L shall respond to the Complaint on or before March 12, 2022. Signed by Judge K. Michael Moore on 2/15/2022. (thn)
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| Filing 23 AFFIDAVIT of Non-Service by Daniel Adams (Friedman, Jeremy) |
| Filing 22 NOTICE of Attorney Appearance by Kevin Bayly Cook on behalf of Mattress By Appointment LLC. Attorney Kevin Bayly Cook added to party Mattress By Appointment LLC(pty:intvd). (Cook, Kevin) |
| Filing 21 Corporate Disclosure Statement by J & L MATTRESS, LLC (Ponzoli, Ronald) |
| Filing 20 Corporate Disclosure Statement by C & C SLEEPS LLC (Ponzoli, Ronald) |
| Filing 19 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by C & C SLEEPS LLC, J & L MATTRESS, LLC. (Ponzoli, Ronald) |
| Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement by Daniel Adams (Friedman, Jeremy) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Daniel Adams. C & C SLEEPS LLC served on 1/20/2022, response/answer due 2/10/2022. (Attachments: #1 Affidavit Affidavit of Service)(Friedman, Jeremy) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Daniel Adams. J & L MATTRESS, LLC served on 1/20/2022, response/answer due 2/10/2022. (Attachments: #1 Affidavit Affidavit of Service)(Friedman, Jeremy) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Daniel Adams. Daniel Adams served on 1/20/2022, response/answer due 2/10/2022. (Attachments: #1 Affidavit Affidavit of Service)(Friedman, Jeremy) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants C &C Sleeps, LLC and J & L Mattress, LLC's Motion for Extension of Time to Respond to Plaintiff's Complaint. #13 . Therein, Defendants request a thirty (30) day extension of time to respond to the Complaint. #13 at 2. However, Plaintiff has not filed a Notice of Return of Service in this matter as to any Defendant, and the Court is, therefore, unable to determine what the deadline is for Defendants to respond to the Complaint. Fed. R. Civ. P. 12(a)(1)(A)(i) (providing that a defendant must respond to a complaint within 21 days after being served with the summons and complaint); Fed. R. Civ. P. 4(l)(1) ("Unless service is waived, proof of service must be made to the court. Except for service by a United States marshal or deputy marshal, proof must be by the server's affidavit."). The Court cannot extend a deadline that does not exist. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #13 is DENIED. The Parties are encouraged to review, and comply with, Federal Rules of Civil Procedure 12(a) and 4(l). Signed by Judge K. Michael Moore on 2/11/2022. (tgr)
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| Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by C & C SLEEPS LLC, J & L MATTRESS, LLC. Attorney Ronald Peter Ponzoli, Jr added to party C & C SLEEPS LLC(pty:dft), Attorney Ronald Peter Ponzoli, Jr added to party J & L MATTRESS, LLC(pty:dft). (Ponzoli, Ronald) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Daniel Adams (Friedman, Jeremy) |
| Filing 11 Corporate Disclosure Statement by Mattress By Appointment LLC (Goller, Matthew) |
| Filing 10 MOTION to Intervene by Mattress By Appointment LLC. Attorney Matthew Robert Goller added to party Mattress By Appointment LLC(pty:intvd). (Attachments: #1 Exhibit Proposed Motion to Transfer or Dismiss, #2 Exhibit Amended Complaint, Case No. 3:20-cv-00222-MMH-PDB, Middle District of Florida, #3 Exhibit Deposition Excerpts)(Goller, Matthew) |
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Filing 9
DISCOVERY PROCEDURES ORDER re 8 Order Referring Case to Magistrate Judge. Signed by Magistrate Judge Shaniek M. Maynard on 1/11/2022. See attached document for full details. (osd)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE SHANIEK MAYNARD. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Shaniek Maynard to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Maynard's discovery procedures. Signed by Judge K. Michael Moore on 1/11/2022. (thn)
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Filing 7
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 1/11/2022. (thn)
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| Filing 6 Summons Issued as to STEVEN GILROY. (pc) |
| Filing 5 Summons Issued as to J & L MATTRESS, LLC. (pc) |
| Filing 4 Summons Issued as to C & C SLEEPS LLC. (pc) |
| Filing 3 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Attachments: #1 Complaint with Exhibits) (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (pc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15299639, filed by Daniel Adams. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Friedman, Jeremy) |
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