PJI Restaurant LLC v. Papa Joes of Islamorada, LLC et al
Plaintiff: PJI Restaurant LLC
Defendant: Papa Joes of Islamorada, LLC and William Gehrkens
Case Number: 4:2025cv10006
Filed: January 21, 2025
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Marty Fulgueira Elfenbein
Referring Judge: K Michael Moore
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 20, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2025 Opinion or Order Filing 41 PAPERLESS ORDER denying without prejudice Motion for Reinstatement as a Necessary and Indispensable Party, ECF No. #40 , for failure to comply with Local Rule 7.1(a)(3). Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/20/2025. (MFE)
March 20, 2025 Filing 40 MOTION For Reinstatement as a Necessary and Indispensable Party by William Gehrkens. (Attachments: #1 Exhibit 1-15, #2 Exhibit 16-26, #3 Exhibit 27)(ar24)
March 7, 2025 Opinion or Order Filing 39 PAPERLESS ORDER on Plaintiff's Motion to Represent. THIS CAUSE is before the Court on Defendant Papa Joe's of Islamorada, LLC's Motion for Leave to Represent Papa Joe's of Islamorada, LLC, Pro Se (the "Motion"), ECF No. #35 . In the Motion, non-party William Gehrkens, who is Defendant's "sole member and operator" and who was initially a defendant in this case proceeding pro se, asks the Court to allow him to represent Defendant instead of retaining an attorney. See ECF No. #34 at 1; ECF No. #23 . Gehrkens asserts that several courts outside of this Circuit "have allowed sole-member LLCs to proceed pro se in cases where the company is closely tied to its owner's personal interests," and he argues this Court should allow the same thing here. See ECF No. #34 at 3. The decisions Gehrkens cites in support of this argument, however, actually hold the exact opposite: that a "corporation may appear in federal court only through licensed counsel." See United States v. High Country Broad. Co., 3 F.3d 1244, 1245 (9th Cir. 1993); Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007); In re ICLNDS Notes Acquisition, LLC, 259 B.R. 289, 294-95 (Bankr. N.D. Ohio 2001). Our own Circuit follows the same principle. See, e.g., Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."). Accordingly, the Motion, ECF No. #35 , is DENIED. As the Court has explained several times now, pro se litigants like Gehrkens are not permitted to represent any parties but themselves. See, e.g., Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008) (noting that "the general provision permitting parties to proceed pro se," 28 U.S.C. 1654, "provide[s] a personal right that does not extend to the representation of the interests of others"). Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/7/2025. (MFE)
March 7, 2025 Opinion or Order Filing 38 PAPERLESS ORDER on Plaintiff's Motion to Electronically File. THIS CAUSE is before the Court on Defendant Papa Joe's of Islamorada, LLC's Motion for Leave to Electronically File Documents Via PACER (the "Motion"), ECF No. #34 . In the Motion, non-party William Gehrkens, who is Defendant's "sole member and operator" and who was initially a defendant in this case proceeding pro se, asks the Court to grant him "electronic filing privileges" through "the Court's CM/ECF (PACER) system." ECF No. #34 at 1; see also ECF No. #23 . According to this District's CM/ECF Administrative Procedures, however, the Court's electronic filing system is available only to "attorneys admitted to practice in the Southern District of Florida." See CM/ECF Admin. Procs. 2A, 2B, 3A, 3B. "Pro se litigants will not be permitted to register as Users at this time and must file their documents in the conventional manner." See CM/ECF Admin. Procs. 2C. As a result, the Motion, ECF No. #34 , is DENIED. If it wishes to do so, Defendant can consent to receive notices electronically, as explained in Section 2C of the CM/ECF Administrative Procedures: "Pro se litigants (non-prisoner) interested in receiving notices electronically must file the form 'Consent by Pro Se Litigants (Non-Prisoner) to Receive Notice of Electronic Filing' which can be found on the Court's website (http://www.flsd.uscourts.gov/forms/consent-pro-se-litigant-non-prisoner-receivenefs)." See CM/ECF Admin. Procs. 2C. The Court again notes, though, that corporate parties like Defendant must be represented by counsel, see, e.g., Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."), and pro se litigants like Gehrkens are not permitted to represent any parties but themselves, see, e.g., Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008) (noting that "the general provision permitting parties to proceed pro se," 28 U.S.C. 1654, "provide[s] a personal right that does not extend to the representation of the interests of others"). Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/7/2025. (MFE)
March 6, 2025 Filing 37 RESPONSE in Opposition re #35 MOTION for Leave to File , and more specifically, Plaintiff's response to the unauthorized filing submitted by a non-attorney on behalf of the defaulted defendant Papa Joes of Islamorada, LLC filed by PJI Restaurant LLC. Replies due by 3/13/2025. (Woodard, Jonathan)
March 6, 2025 Filing 36 RESPONSE TO OBJECTION to #22 Report and Recommendations PERTAINING TO A NOW DISMISSED PARTY'S REQUEST FOR VOLUNTEER COUNSEL by PJI Restaurant LLC. (Suero, Cleo)
March 5, 2025 Filing 35 MOTION for Leave to Represent Papa Joe's of Islamorada LLC, Pro Se by William Gehrkens. (ar24)
March 5, 2025 Filing 34 MOTION for Leave to Electronically File Document via PACER by William Gehrkens. (ar24)
February 28, 2025 Opinion or Order Filing 33 PAPERLESS ORDER on Defendant's Motion for Leave to Set Aside Default. THIS CAUSE is before the Court on non-party William Gehrkens' Motion to Set Aside Default (the "Motion"), ECF No. #28 . In the Motion, Gehrkens asks the Court to "set aside the Clerk's Entry of Default" entered against "Defendants" on February 18, 2025. See ECF No. #28 at 1. As the Clerk's Entry of Default makes clear, however, default was entered against only the corporate defendant Papa Joes of Islamorada, LLC. See ECF No. #15 . No entry of default has been made against Gehrkens individually. See ECF No. #15 . This distinction matters because corporate parties must be represented by counsel, see, e.g., Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."), and pro se litigants like Gehrkens are not permitted to represent any parties but themselves, see, e.g., Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008) (noting that "the general provision permitting parties to proceed pro se," 28 U.S.C. 1654, "provide[s] a personal right that does not extend to the representation of the interests of others"). Because Gehrkens is not in default individually and has, in fact, been dismissed from this case, see ECF No. #23 , the Motion, ECF No. #28 , is DENIED as MOOT as to him. And because Gehrkens is not a lawyer and therefore cannot move to set aside default on behalf of corporate Defendant Papa Joes of Islamorada, LLC, the Motion, ECF No. #28 , is STRICKEN as to Defendant Papa Joes of Islamorada, LLC. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/28/2025. (MFE)
February 28, 2025 Opinion or Order Filing 32 PAPERLESS ORDER on Defendant's Motion to Order Facebook Investigation. THIS CAUSE is before the Court on non-party William Gehrkens' Motion to Order Facebook Investigation and Obtain Records of Suspended Accounts (the "Motion"), ECF No. #29 . In the Motion, Gehrkens asks the Court "to order Facebook to open an investigation into the suspension of William Gehrkens' personal Facebook profile and to obtain records related to the appeal and suspension of Papa Joe's Islamorada Florida Keys business page." See ECF No. #29 at 1. The Motion, ECF No. #29 , is DENIED for two reasons. First, the Court's Order Setting Discovery Procedures ("Discovery Order") provides that "[e]xcept as authorized by the Court, the parties shall not raise any discovery disputes by filing written discovery motions." See ECF No. #7 at 2. Instead, "[i]f, after conferring, the parties are unable to resolve their discovery disputes without Court intervention, the moving party must send an email" to chambers requesting a discovery hearing. See ECF No. #7 at 2-3. The Discovery Order also notes that the "Court will strike any motions filed in contravention of these procedures." See ECF No. #7 at 2. Second, corporate parties -- like the only remaining Defendant in this case, Papa Joes of Islamorada, LLC -- must be represented by counsel, see, e.g., Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."), and pro se litigants like Gehrkens are not permitted to represent any parties but themselves, see, e.g., Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008) (noting that "the general provision permitting parties to proceed pro se," 28 U.S.C. 1654, "provide[s] a personal right that does not extend to the representation of the interests of others"). Because Gehrkens has been dismissed from this case and is therefore no longer a party, see ECF No. #23 , the Motion, ECF No. #29 , is DENIED as MOOT as to him. And because Gehrkens is not a lawyer and therefore cannot move for any relief on behalf of corporate Defendant Papa Joes of Islamorada, LLC, the Motion, ECF No. #29 , is STRICKEN as to Defendant Papa Joes of Islamorada, LLC. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/28/2025. (MFE)
February 28, 2025 Filing 31 Plaintiff's MOTION for Default Judgment and, Plaintiff's MOTION for Permanent Injunction by PJI Restaurant LLC. (Attachments: #1 Text of Proposed Order Exhibit A: Proposed Order, #2 Exhibit B: Declaration of C. Hertel)(Woodard, Jonathan)
February 27, 2025 Opinion or Order Filing 30 PAPERLESS ORDER on Defendant's Motion for Leave to File Out of Time. THIS CAUSE is before the Court on Pro se Defendant William Gehrkens' Motion for Leave to File Out of Time (the "Motion"), ECF No. #26 . In the Motion, Gehrkens asks the Court to excuse the late filing of his Motion for Extension of Time, ECF No. #11 , which he acknowledges was filed "two days past the deadline." See ECF No. #26 at 1. The Motion, ECF No. #26 , is DENIED as MOOT for two reasons. First, the Court has already ruled on the Motion for Extension of Time, ECF No. #11 . See ECF No. 19 . Second, and more importantly, Plaintiff filed a Notice of Voluntary Dismissal on February 26, 2025 dismissing Gehrkens from this case. See ECF No. #23 . Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/27/2025. (MFE)
February 26, 2025 Filing 29 (STRICKEN PER DE#32) MOTION to Order Facebook Investigation and Obtain Records of Suspended Accounts by William Gehrkens. (Attachments: #1 Exhibit)(ar24) Modified text on 2/28/2025 (scn).
February 26, 2025 Filing 28 (STRICKEN PER DE#33) MOTION to Set Aside Default by William Gehrkens. (Attachments: #1 Exhibit)(ar24) Modified text on 2/28/2025 (scn).
February 26, 2025 Filing 27 REPLY to Response to Motion re #11 MOTION for Extension of Time to Obtain and Organize all necessary evidence.on. filed by William Gehrkens. (ar24)
February 26, 2025 Filing 26 MOTION for Leave to File Out of Time by William Gehrkens. (ar24)
February 26, 2025 Filing 25 NOTICE of Change of Address/Contact Information; by William Gehrkens. Address on 2/26/2025 (ar24).
February 26, 2025 Filing 24 Plaintiff's NOTICE of Filing Proof of Service of Court Orders and Related Filings by PJI Restaurant LLC re #14 Plaintiff's MOTION for Clerk's Entry of Default as to Papa Joes of Islamorada, LLC (Woodard, Jonathan)
February 26, 2025 Filing 23 NOTICE of Voluntary Dismissal without prejudice as to Defendant William Gehrkens only by PJI Restaurant LLC (Woodard, Jonathan)
February 20, 2025 Filing 22 REPORT AND RECOMMENDATION ON REQUEST FOR VOLUNTEER COUNSEL re #13 MOTION for Referral to Volunteer Attorney Program filed by William Gehrkens Recommending that Gehrkens' request for volunteer counsel be GRANTED. Objections to R&R due by 3/6/2025 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/20/2025. See attached document for full details. (pcs)
February 20, 2025 Opinion or Order Filing 21 ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/20/2025. See attached document for full details. (pcs)
February 20, 2025 Opinion or Order Filing 20 PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE is before the Court upon the Clerk of Court's Entry of Default against Defendant Papa Joe's of Islamorada LLC, ECF No. #15 . Plaintiff is instructed to file a Motion for Default Judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure within twenty (20) days of the date of this Notice's issuance. Plaintiff's Motion should specify which counts from the Complaint Plaintiff alleges against the defaulting Defendant, and affidavits detailing corresponding damages. "Damages may be awarded only if the record adequately reflects the basis for award via...'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiff must also submit appropriate proposed orders so as to conform its submission to the Southern District of Florida Local Rules. Plaintiff's failure to file a Motion for Default Judgment within the specified time will result in the undersigned recommending dismissal without prejudice as to the defaulting Defendant. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/20/2025. (MFE)
February 20, 2025 Opinion or Order Filing 19 PAPERLESS ORDER on Motion for Extension of Time. THIS CAUSE is before the Court on Pro se Defendant William Gehrkens' Motion for Extension of Time (the "Motion"), ECF No. #11 . In the Motion, Gehrkens asks the Court for "a 90-day extension to adequately prepare and present his case" because of "the complexity" of "probate proceedings" that he asserts are required for him to acquire necessary evidence, the "volume of evidence that must be compiled, and the need for sufficient time to seek legal representation." ECF No. #11 at 2. The Motion does not include a certification that Gehrkens conferred with Plaintiff about his requested extension, see generally ECF No. #11 , and Plaintiff PJI Restaurant, LLC has filed a response in opposition of the extension (the "Opposition"), see ECF No. #16 . In the Opposition, Plaintiff notes that Gehrkens was timely served with the Complaint but did not timely respond to it, instead filing the Motion two days after his time to respond to the Complaint expired. See ECF No. #16 at 1-2. Plaintiff argues the Motion should be denied because Gehrkens failed to satisfy several procedural requirements, he has been "readily aware" since December 2024 that this lawsuit was imminent, actual evidence of customer confusion makes the extension prejudicial to Plaintiff, and Plaintiff has "an interest in the speedy resolution of its case." See ECF No. #16 at 2-4. Plaintiff alternatively argues that, "to the extent that the Court is inclined to grant a reasonable extension of time," the balance of equities supports a 14-day extension. See ECF No. #16 at 4-5. After considering the Parties' arguments and Gehrkins' pro se status, the Court finds good cause to allow a limited extension. Accordingly, the Motion, ECF No. #11 , is GRANTED in part. Gehrkens shall file his response to the Complaint within 20 days of this Order, no later than March 12, 2025. The Court notes that this extension applies only to Defendant Gehrkens and not to corporate Defendant Papa Joes of Islamorada, LLC. Pro se litigants like Gehrkens are not permitted to represent any parties but themselves, see, e.g., Timson v. Sampson, 518 F.3d 870, 873 (11th Cir. 2008) (noting that "the general provision permitting parties to proceed pro se," 28 U.S.C. 1654, "provide[s] a personal right that does not extend to the representation of the interests of others"), and corporate parties must be represented by counsel, see, e.g., Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."). Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/20/2025. (MFE)
February 20, 2025 Opinion or Order Filing 18 PAPERLESS ORDER SUPERSEDING (ECF NO. 6) REFERRING CASE. 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 hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 2/20/2025. (cr00)
February 20, 2025 Reset Response/Answer Due Deadline per DE#19: William Gehrkens response/answer due 3/12/2025. (scn)
February 18, 2025 Filing 17 RESPONSE in Opposition re #13 MOTION for Referral to Volunteer Attorney Program filed by PJI Restaurant LLC. Replies due by 2/25/2025. (Woodard, Jonathan)
February 18, 2025 Filing 16 RESPONSE in Opposition re #11 MOTION for Extension of Time to Obtain and Organize all necessary evidence.on filed by PJI Restaurant LLC. Replies due by 2/25/2025. (Attachments: #1 Exhibit Affidavit of Service on Defendant Gehrkens)(Woodard, Jonathan)
February 18, 2025 Filing 15 Clerk's Entry of Default as to Papa Joes of Islamorada, LLC - Motions Terminated: #14 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 2/18/2025. (pcs)
February 18, 2025 Filing 14 Plaintiff's MOTION for Clerk's Entry of Default as to Papa Joes of Islamorada, LLC by PJI Restaurant LLC. (Attachments: #1 Text of Proposed Order)(Woodard, Jonathan)
February 14, 2025 Filing 13 MOTION for Referral to Volunteer Attorney Program by William Gehrkens. (ar24)
February 14, 2025 Filing 12 Consent by Pro Se Litigant (Non-Prisoner) William Gehrkens to receive Notices of Electronic Filing at email address: rayokid@gmail.com (ar24)
February 14, 2025 Filing 11 MOTION for Extension of Time to Obtain and Organize all Necessary Evidence by William Gehrkens. Responses due by 2/28/2025. (Attachments: #1 Exhibit)(ar24)
January 31, 2025 Filing 10 Clerk's Notice to Filer re #8 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see 9 . It is not necessary to refile this document. (pcs)
January 30, 2025 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by PJI Restaurant LLC. Papa Joes of Islamorada, LLC served on 1/22/2025, response/answer due 2/12/2025 (See DE #8 for image) (pcs)
January 30, 2025 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by PJI Restaurant LLC. Papa Joes of Islamorada, LLC served on 1/22/2005, response/answer due 2/12/2005. (Woodard, Jonathan)
January 23, 2025 Opinion or Order Filing 7 ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/23/2025. See attached document for full details. (pcs)
January 22, 2025 Opinion or Order Filing 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 1/22/2025. (cr00)
January 22, 2025 Opinion or Order Filing 5 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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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 1/22/2025. (cr00)
January 21, 2025 Filing 4 Summons Issued as to William Gehrkens, Papa Joes of Islamorada, LLC. (pc)
January 21, 2025 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pc)
January 21, 2025 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 Marty Fulgueira Elfenbein 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. (pc)
January 21, 2025 Filing 1 COMPLAINT against William Gehrkens, Papa Joes of Islamorada, LLC. Filing fees $ 405.00 receipt number AFLSDC-18132697, filed by PJI Restaurant LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Exhibit A: Certificate of Registration, #5 Exhibit B: Keys Weekly Magazine, #6 Exhibit C: The Keys Citizen, #7 Exhibit D: The Florida Keys & Key West)(Woodard, Jonathan)

Access additional case information on PACER

Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System

Search for this case: PJI Restaurant LLC v. Papa Joes of Islamorada, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: PJI Restaurant LLC
Represented By: Jonathan Ray Woodard
Represented By: Oliver Alan Ruiz
Represented By: John Cyril Malloy, III
Represented By: Cleo Isabel Suero
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Papa Joes of Islamorada, LLC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: William Gehrkens
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?