KW Songwriters, LLC et al v. Smokin' Tuna LLC et al
| KW Songwriters, LLC and Rams Head Promotions of Key West LLC |
| Smokin' Tuna LLC, Hank's Hair of the Dog, LLC, Linda Turek, Cayo Hueso Group, Inc. and Kyle Carter |
| 4:2023cv10029 |
| April 28, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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| Filing 29 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (cds) |
Filing 28
PAPERLESS ORDER. Pursuant to the parties' #27 Joint Stipulation of Dismissal, this action is DISMISSED with PREJUDICE. Each party shall bear its own fees and costs. All pending motions are denied as moot. All deadlines and hearings are canceled. Signed by Judge Darrin P. Gayles on 6/21/2023. (nce)
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| Filing 27 STIPULATION of Dismissal - Joint Stipulation of Dismissal by KW Songwriters, LLC, Rams Head Promotions of Key West LLC (Waldman, Glen) |
| Filing 26 NOTICE by Kyle Carter, Cayo Hueso Group, Inc., Hank's Hair of the Dog, LLC, Smokin' Tuna LLC, Linda Turek re 25 Order on Motion for Leave to File, (Docheva, Desislava) |
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Filing 25
PAPERLESS ORDER granting #23 Defendants' Unopposed Motion for Leave to File a New Response to Plaintiffs' Motion for Preliminary Injunction ("Motion"). Defendants shall file their response to Plaintiffs' #5 Motion for Preliminary Injunction on or before June 19, 2023. Signed by Judge Darrin P. Gayles on 6/12/2023. (nce)
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| Filing 24 Plaintiff's NOTICE by KW Songwriters, LLC, Rams Head Promotions of Key West LLC re #23 MOTION for Leave to File a New Response to Plaintiffs' Converted Motion for Preliminary Injunction and Defendants' Notice Regarding Hearing Date (Waldman, Glen) |
| Filing 23 MOTION for Leave to File a New Response to Plaintiffs' Converted Motion for Preliminary Injunction and Defendants' Notice Regarding Hearing Date by Kyle Carter, Cayo Hueso Group, Inc., Hank's Hair of the Dog, LLC, Smokin' Tuna LLC, Linda Turek. (Attachments: #1 Text of Proposed Order)(Docheva, Desislava) |
| Filing 22 Corporate Disclosure Statement and Certificate of Interested Parties by KW Songwriters, LLC, Rams Head Promotions of Key West LLC (Waldman, Glen) |
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Filing 21
PAPERLESS ORDER granting #20 Plaintiffs' Notice of Status and Request for Preliminary Injunction Hearing ("Motion"). The Motion represents that the "acute emergency that necessitated the [Temporary Restraining Order] had passed, but [a] preliminary injunction is warranted...." [ECF No. 20 at 1]. In light of Plaintiffs' representations, and because Defendants were on notice of #5 Plaintiffs' Emergency Motion for Ex Parte Temporary Restraining Order, Plaintiffs' Motion for Temporary Restraining Order shall be converted into a Motion for Preliminary Injunction. However, by May 26, 2023, the parties may request leave to file a new motion for preliminary injunction or a new response. The hearing on the motion for preliminary injunction shall occur by Zoom on June 29, 2023, at 11:00 A.M. The Court will provide the parties with dial-in information prior to the hearing. Any party who intends to introduce exhibits at the hearing or present live witness testimony shall file a list of those exhibits and witnesses on or before June 21, 2023. Signed by Judge Darrin P. Gayles on 5/18/2023. (nce)
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| Filing 20 Motion for Preliminary Injunction Hearing and NOTICE by KW Songwriters, LLC, Rams Head Promotions of Key West LLC re #5 Plaintiff's EMERGENCY MOTION with Certification of Emergency included FOR EX PARTE TEMPORARY RESTRAINING ORDER AND MEMORANDUM OF LAW IN SUPPORT. (Waldman, Glen) Event type Modified on 5/11/2023 (scn). |
| Filing 19 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Telephonic Status Conference held on 5/3/2023. All parties appeared. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (nce) |
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Filing 18
PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Edward D. Lanquist, Jr. is permitted to appear before this Court on behalf of Defendants Smokin' Tuna LLC, Hank's Hair of the Dog, LLC, Cayo Hueso Group, Inc., Linda Turek, and Kyle Carter for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Attorney Edward D. Lanquist at elanquist@bakerdonelson.com. Signed by Judge Darrin P. Gayles on 5/3/2023. (nce)
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| Filing 17 REPLY to Response to Motion re #5 Plaintiff's EMERGENCY MOTION with Certification of Emergency included FOR EX PARTE TEMPORARY RESTRAINING ORDER AND MEMORANDUM OF LAW IN SUPPORT filed by KW Songwriters, LLC, Rams Head Promotions of Key West LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Waldman, Glen) |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward D. Lanquist, Jr. Filing Fee $ 200.00 Receipt # AFLSDC-16586967 by Kyle Carter, Cayo Hueso Group, Inc., Hank's Hair of the Dog, LLC, Smokin' Tuna LLC, Linda Turek. Responses due by 5/16/2023 (Docheva, Desislava) |
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Filing 15
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Melanie E. King is permitted to appear before this Court on behalf of Plaintiffs KW Songwriters, LLC and Rams Head Promotions of Key West LLC for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Attorney Melanie E. King at meking@atllp.com. Signed by Judge Darrin P. Gayles on 5/1/2023. (nce)
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Filing 14
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Mark A. Thomas is permitted to appear before this Court on behalf of Plaintiffs KW Songwriters, LLC and Rams Head Promotions of Key West LLC for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Attorney Mark A. Thomas at mathomas@atllp.com. Signed by Judge Darrin P. Gayles on 5/1/2023. (nce)
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Filing 13
PAPERLESS ORDER Setting Status Conference. A Telephonic Status Conference is set for May 3, 2023, at 11:30 A.M. before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 5/1/2023. (nce)
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| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Melanie E. King. Filing Fee $ 200.00 Receipt # AFLSDC-16582580 by KW Songwriters, LLC, Rams Head Promotions of Key West LLC. Responses due by 5/15/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Waldman, Glen) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark A. Thomas. Filing Fee $ 200.00 Receipt # AFLSDC-16582527 by KW Songwriters, LLC, Rams Head Promotions of Key West LLC. Responses due by 5/15/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Waldman, Glen) |
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Filing 10
PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Scott M. Douglass is permitted to appear before this Court on behalf of Defendants Smokin' Tuna LLC, Hank's Hair of the Dog, LLC, Cayo Hueso Group, Inc., Linda Turek, and Kyle Carter for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Attorney Scott M. Douglass at sdouglass@bakerdonelson.com. Signed by Judge Darrin P. Gayles on 5/1/2023. (nce)
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| Filing 9 RESPONSE in Opposition re #5 Plaintiff's EMERGENCY MOTION with Certification of Emergency included FOR EX PARTE TEMPORARY RESTRAINING ORDER AND MEMORANDUM OF LAW IN SUPPORT filed by Kyle Carter, Cayo Hueso Group, Inc., Hank's Hair of the Dog, LLC, Smokin' Tuna LLC, Linda Turek. Replies due by 5/8/2023. (Attachments: #1 Affidavit, #2 Affidavit, #3 Text of Proposed Order)(Docheva, Desislava) |
| Filing 8 NOTICE by KW Songwriters, LLC, Rams Head Promotions of Key West LLC re #1 Complaint of Filing (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37) (Waldman, Glen) |
| Filing 7 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-16580358 by Kyle Carter, Cayo Hueso Group, Inc., Hank's Hair of the Dog, LLC, Smokin' Tuna LLC, Linda Turek. Responses due by 5/15/2023 (Docheva, Desislava) |
| Filing 6 NOTICE of Attorney Appearance by Desislava K. Docheva on behalf of Kyle Carter, Cayo Hueso Group, Inc., Hank's Hair of the Dog, LLC, Smokin' Tuna LLC, Linda Turek. Attorney Desislava K. Docheva added to party Kyle Carter(pty:dft), Attorney Desislava K. Docheva added to party Cayo Hueso Group, Inc.(pty:dft), Attorney Desislava K. Docheva added to party Hank's Hair of the Dog, LLC(pty:dft), Attorney Desislava K. Docheva added to party Smokin' Tuna LLC(pty:dft), Attorney Desislava K. Docheva added to party Linda Turek(pty:dft). (Docheva, Desislava) |
| Filing 5 Plaintiff's EMERGENCY MOTION with Certification of Emergency included FOR EX PARTE TEMPORARY RESTRAINING ORDER AND MEMORANDUM OF LAW IN SUPPORT by KW Songwriters, LLC, Rams Head Promotions of Key West LLC. Responses due by 5/15/2023 (Attachments: #1 Text of Proposed Order)(Waldman, Glen) |
| Filing 4 Bar Letter re: Admissions sent to attorney Mark A. Thomas and Melanie E. King, mailing date May 1, 2023, (pt) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (nwn) |
| Filing 1 COMPLAINT (Verified) against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16578798, filed by KW Songwriters, LLC, Rams Head Promotions of Key West LLC. (Attachments: #1 Civil Cover Sheet)(Waldman, Glen) |
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