DIVERSIFIED SOLUTIONS, INC. v. OHWOOK! PRODUCTIONS, INC.
Plaintiff: DIVERSIFIED SOLUTIONS, INC.
Defendant: OHWOOK! PRODUCTIONS, INC.
Case Number: 4:2021cv10039
Filed: March 30, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: Jose E Martinez
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2021 Opinion or Order Filing 45 PAPERLESS ORDER granting #43 Defendant's Unopposed Motion to Extend Time for Parties to File the Scheduling Conference Report. The report shall be due no later than July 6, 2021. Signed by Judge Jose E. Martinez on 5/27/2021. (cvl)
May 27, 2021 Opinion or Order Filing 44 PAPERLESS ORDER granting #42 Defendant's Unopposed Motion to Extend Time for Defendant to File Answer or Other Pleading Under Rule 12. In light of the deadline for Plaintiff to retain new counsel as set forth in the Court's #40 Order, the Court will grant Defendant an extension to respond to the Complaint until after this deadline has passed. Defendant shall file a response to the Complaint no later than July 7, 2021. No further extensions will be granted absent exigent circumstances. Signed by Judge Jose E. Martinez on 5/27/2021. (cvl)
May 26, 2021 Filing 43 Unopposed MOTION for Extension of Time TO FILE SCHEDULING CONFERENCE REPORT pursuant to ECF 31 by OHWOOK! PRODUCTIONS, INC.. Responses due by 6/9/2021 (Attachments: #1 Text of Proposed Order)(Doster, Henry)
May 26, 2021 Filing 42 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by OHWOOK! PRODUCTIONS, INC.. (Attachments: #1 Text of Proposed Order)(Doster, Henry)
May 21, 2021 Filing 41 CERTIFICATE OF SERVICE by DIVERSIFIED SOLUTIONS, INC. re #40 Order on Motion to Withdraw as Attorney, (Krebsbach, Spensyr)
May 20, 2021 Opinion or Order Filing 40 ORDER Granting #39 Motion to Withdraw as Attorney. Spensyr Ann Krebsbach representing DIVERSIFIED SOLUTIONS, INC. (Plaintiff); Attorney Lorri Lomnitzer representing DIVERSIFIED SOLUTIONS, INC. (Plaintiff); Attorney Jerold Ira Schneider representing DIVERSIFIED SOLUTIONS, INC. (Plaintiff) withdrawn from case. Deadline to obtain new counsel 6/21/2021. Signed by Judge Jose E. Martinez on 5/20/2021. See attached document for full details. (cds)
May 18, 2021 Filing 39 MOTION to Withdraw as Attorney by The Lomnitzer Law Firm, P.A., Lorri Lomnitzer, Esq., Spensyr Ann Krebsbach, Esq., and Jerold I. Schneider, Esq. for / by DIVERSIFIED SOLUTIONS, INC.. Responses due by 6/1/2021 (Attachments: #1 Text of Proposed Order)(Lomnitzer, Lorri)
May 17, 2021 Opinion or Order Filing 38 PAPERLESS ORDER granting #37 Plaintiff's Motion for Extension of Time to File Opposition to Defendant's Motion to Stay. Plaintiff's response is due by June 1, 2021. Defendant may file a reply no later than ten (10) days after the filing of Plaintiff's response. Signed by Judge Jose E. Martinez on 5/17/2021. (cvl)
May 14, 2021 Filing 37 MOTION for Extension of Time to File Response/Reply/Answer as to #33 Defendant's MOTION to Stay Civil Action, Pending Resolution of the Cancellation Proceeding at the Trademark Trial and Appeal Board by DIVERSIFIED SOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order)(Lomnitzer, Lorri)
May 10, 2021 Filing 36 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement and Certificate of Interested Parties by OHWOOK! PRODUCTIONS, INC. identifying Other Affiliate Kyle Carter for OHWOOK! PRODUCTIONS, INC. (Ruiz, Oliver)
May 10, 2021 Filing 35 Clerks Notice to Filer re #34 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Carter, Kyle (cds)
May 7, 2021 Filing 34 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed , and Defendant's Certificate of Interested Parties in Compliance with Court's Order (ECF No. 31) by OHWOOK! PRODUCTIONS, INC. (Ruiz, Oliver)
May 7, 2021 Filing 33 Defendant's MOTION to Stay Civil Action, Pending Resolution of the Cancellation Proceeding at the Trademark Trial and Appeal Board by OHWOOK! PRODUCTIONS, INC.. Responses due by 5/21/2021 (Attachments: #1 Text of Proposed Order)(Ruiz, Oliver)
April 30, 2021 Filing 32 NOTICE of Attorney Appearance by Henry Jared Doster on behalf of OHWOOK! PRODUCTIONS, INC.. Attorney Henry Jared Doster added to party OHWOOK! PRODUCTIONS, INC.(pty:dft). (Doster, Henry)
April 23, 2021 Opinion or Order Filing 31 ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 4/25/2022 09:30 AM in Key West Division before Judge Jose E. Martinez., Calendar Call set for 4/21/2022 01:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 4/23/2021. See attached document for full details. (cds) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
April 23, 2021 Opinion or Order Filing 30 ORDER denying #9 Plaintiff's Expedited Application for Temporary Restraining Order and Preliminary Injunction; granting #27 Defendant's Motion to Strike. Signed by Judge Jose E. Martinez on 4/23/2021. See attached document for full details. (cvl)
April 21, 2021 Filing 29 PAPERLESS Minute Entry for Zoom proceedings held before Judge Jose E. Martinez: Motion Hearing held on 4/21/2021 re #27 Defendant's MOTION to Strike Newly Raised Legal Issues in Plaintiff's Reply Memorandum (ECF No. 24), Pursuant to S.D. Fla. L.R. 7.1(c), and #9 Plaintiff's EXPEDITED MOTION for Entry of Temporary Restraining Order and Preliminary Injunction. Total time in court: 45 minutes. Attorney Appearance(s): Lorri Lomnitzer, Spensyr Ann Krebsbach, Jerold Ira Schneider, Meredith Frank Mendez, Oliver Alan Ruiz, Edward D. Lanquist, Jr, and Scott M. Douglass; Other appearances: Mark Garrison. Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Order to follow. (cvl)
April 21, 2021 Filing 28 RESPONSE in Opposition re #27 Defendant's MOTION to Strike Newly Raised Legal Issues in Plaintiff's Reply Memorandum (ECF No. 24), Pursuant to S.D. Fla. L.R. 7.1(c) filed by DIVERSIFIED SOLUTIONS, INC.. Replies due by 4/28/2021. (Schneider, Jerold)
April 20, 2021 Filing 27 Defendant's MOTION to Strike Newly Raised Legal Issues in Plaintiff's Reply Memorandum (ECF No. 24), Pursuant to S.D. Fla. L.R. 7.1(c) by OHWOOK! PRODUCTIONS, INC.. Responses due by 5/4/2021 (Ruiz, Oliver)
April 20, 2021 Filing 26 Corporate Disclosure Statement by DIVERSIFIED SOLUTIONS, INC. identifying Other Affiliate Mark Garrison, Other Affiliate Tony Driscoll, Other Affiliate Amber Nolan for DIVERSIFIED SOLUTIONS, INC. (Krebsbach, Spensyr)
April 20, 2021 Filing 25 Clerks Notice to Filer re #22 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Mark Garrison, CEO Diversified Solutions, Inc. Tony Driscoll, Treasurer Diversified Solutions, Inc. Amber Nolan, Secretary Diversified Solutions, Inc. (cds)
April 19, 2021 Filing 24 (STRICKEN PER DE#30)RESPONSE in Support re #9 EXPEDITED MOTION for Entry of Temporary Restraining Order and Preliminary Injunction filed by DIVERSIFIED SOLUTIONS, INC.. (Attachments: #1 Exhibit A - Second Declaration of M. Garrison)(Schneider, Jerold) Text Modified on 4/26/2021 (cqs).
April 19, 2021 Filing 23 Notice of Pending, Refiled, Related or Similar Actions by DIVERSIFIED SOLUTIONS, INC. (Krebsbach, Spensyr)
April 19, 2021 Filing 22 Corporate Disclosure Statement by DIVERSIFIED SOLUTIONS, INC. (Krebsbach, Spensyr)
April 16, 2021 Filing 21 Defendant's Corporate Disclosure Statement by OHWOOK! PRODUCTIONS, INC. (Ruiz, Oliver)
April 14, 2021 Filing 20 RESPONSE in Opposition re #9 EXPEDITED MOTION for Entry of Temporary Restraining Order and Preliminary Injunction filed by OHWOOK! PRODUCTIONS, INC.. Replies due by 4/21/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Declaration of Kyle Carter and Exhibits, #3 Exhibit B - Governor's Executive Order Number 20-91, #4 Exhibit C - Declaration of Jonathan Alden, #5 Exhibit D - Declaration of Greg Hooper and Exhibits, #6 Exhibit E - Declaration of Scott M. Douglass and Exhibits, #7 Exhibit F - TTAB Docket)(Ruiz, Oliver)
April 9, 2021 Opinion or Order Filing 19 ORDER Granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Scott M. Douglass ; Granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Edward D. Lanquist. Signed by Judge Jose E. Martinez on 4/9/2021. See attached document for full details. (cds)
April 7, 2021 Opinion or Order Filing 18 ORDER Granting #10 Motion to Expedite; Granting 11 Motion for Hearing( Responses due by 4/14/2021, Motion Hearing set for 4/21/2021 01:30 PM before Judge Jose E. Martinez.) as to #9 EXPEDITED MOTION for Entry of Temporary Restraining Order and Preliminary Injunction by DIVERSIFIED SOLUTIONS, INC.. The hearing will take place via Zoom, with instructions to be sent separately to counsel. Signed by Judge Jose E. Martinez on 4/7/2021. See attached document for full details. (cds)
April 7, 2021 Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward D. Lanquist. Filing Fee $ 200.00 Receipt # AFLSDC-14587992 by OHWOOK! PRODUCTIONS, INC.. Responses due by 4/21/2021 (Attachments: #1 Text of Proposed Order)(Ruiz, Oliver)
April 7, 2021 Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott M. Douglass. Filing Fee $ 200.00 Receipt # AFLSDC-14587983 by OHWOOK! PRODUCTIONS, INC.. Responses due by 4/21/2021 (Attachments: #1 Text of Proposed Order)(Ruiz, Oliver)
April 7, 2021 Filing 15 NOTICE of Attorney Appearance by Oliver Alan Ruiz on behalf of OHWOOK! PRODUCTIONS, INC.. Attorney Oliver Alan Ruiz added to party OHWOOK! PRODUCTIONS, INC.(pty:dft). (Ruiz, Oliver)
April 7, 2021 Filing 14 RESPONSE in Opposition re #10 MOTION to Expedite Briefing Schedule on Expedited Application for Entry of Temporary Restraining Order and Preliminary Injunction [DE 9] filed by OHWOOK! PRODUCTIONS, INC.. Replies due by 4/14/2021. (Attachments: #1 Affidavit Scott Douglass, #2 Affidavit Kyle Carter)(Mendez, Meredith)
April 7, 2021 Filing 13 NOTICE of Attorney Appearance by Meredith Frank Mendez on behalf of OHWOOK! PRODUCTIONS, INC.. Attorney Meredith Frank Mendez added to party OHWOOK! PRODUCTIONS, INC.(pty:dft). (Mendez, Meredith)
April 7, 2021 Filing 12 Clerks Notice to Filer re #10 MOTION to Expedite Briefing Schedule on Expedited Application for Entry of Temporary Restraining Order and Preliminary Injunction [DE 9]. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (cds)
April 7, 2021 Filing 11 Request for Hearing re #10 MOTION to Expedite Briefing Schedule on Expedited Application for Entry of Temporary Restraining Order and Preliminary Injunction [DE 9] by DIVERSIFIED SOLUTIONS, INC.. (For Image See DE#9 ) (cds)
April 7, 2021 Filing 10 MOTION to Expedite Briefing Schedule on Expedited Application for Entry of Temporary Restraining Order and Preliminary Injunction [DE 9] by DIVERSIFIED SOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order)(Krebsbach, Spensyr)
April 7, 2021 Filing 9 EXPEDITED MOTION for Entry of Temporary Restraining Order and Preliminary Injunction by DIVERSIFIED SOLUTIONS, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Schneider, Jerold)
April 6, 2021 Opinion or Order Filing 8 PAPERLESS ORDER granting in part and denying in part #7 Plaintiff's Unopposed Motion for Leave to File a Brief in Excess of Page Limits. Plaintiff's brief may exceed the page limitations by no more than six pages and shall otherwise conform with the Local Rules. Signed by Judge Jose E. Martinez on 4/6/2021. (cvl)
April 5, 2021 Filing 7 Unopposed MOTION for Leave to File a Brief in Excess of Page Limits in Support of Expedited Application for Entry of Temporary Restraining Order and Preliminary Injunction by DIVERSIFIED SOLUTIONS, INC.. (Attachments: #1 Text of Proposed Order)(Krebsbach, Spensyr)
April 5, 2021 Filing 6 Summons Issued as to OHWOOK! PRODUCTIONS, INC.. (cds)
April 5, 2021 Filing 5 NOTICE of Filing Proposed Summons(es) by DIVERSIFIED SOLUTIONS, INC. (Attachments: #1 Summon(s)) (Lomnitzer, Lorri)
March 30, 2021 Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (ebz)
March 30, 2021 Filing 3 Summons Issued as to OHWOOK! PRODUCTIONS, INC.. (ebz)
March 30, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (ebz)
March 30, 2021 Filing 1 COMPLAINT against OHWOOK! PRODUCTIONS, INC.. Filing fees $ 402.00 receipt number AFLSDC-14564378, filed by DIVERSIFIED SOLUTIONS, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Summon(s))(Lomnitzer, Lorri)

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Plaintiff: DIVERSIFIED SOLUTIONS, INC.
Represented By: Spensyr Ann Krebsbach
Represented By: Jerold Ira Schneider
Represented By: Lorri Lomnitzer
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Defendant: OHWOOK! PRODUCTIONS, INC.
Represented By: Edward D. Lanquist, Jr.
Represented By: Meredith Frank Mendez
Represented By: Scott M. Douglass
Represented By: Oliver Alan Ruiz
Represented By: Henry Jared Doster
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