Kelly Tracht, LLC v. Escapada Resortwear, LLC
| Kelly Tracht, LLC |
| Escapada Resortwear, LLC, Natalia Castillo, Escapada Ecommerce LLC and Escapada Inc. |
| 9:2017cv81328 |
| December 7, 2017 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Palm Beach (Office: West Palm Beach) |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Copyright |
| 17 U.S.C. § 0501 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2018. A more recent docket listing may be available from PACER.
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Filing 21
ORDER Closing Case. Motions terminated: #14 Corrected MOTION to Compel Answers to Plaintiff's Initial Written Discovery as well as Production of Responsive Documents filed by Kelly Tracht, LLC. Signed by Judge Donald M. Middlebrooks on 3/26/2018. (vmz) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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| Filing 20 NOTICE of Settlement and Motion for Voluntary Dismissal with Prejudice by Kelly Tracht, LLC (Thornburg, Robert) |
| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re 18 Order, by Kelly Tracht, LLC. (Thornburg, Robert) |
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Filing 18
ENDORSED ORDER. By prior Order of this Court (DE 16 ), the deadline for the Parties to file their joint discovery plan was extended to March 9, 2018. The Parties failed to comply with the extended deadline. Accordingly, the Parties are ordered to show cause for their failure and must file their joint discovery plan by March 14, 2018. Signed by Judge Donald M. Middlebrooks on 3/12/2018. (kal)
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Filing 17
ENDORSED ORDER denying as moot #13 Motion to Compel. In light of Plaintiffs Corrected Motion to Compel Answers (DE 14), Plaintiffs earlier filed Motion to Compel Answers (DE 13) is denied as moot. Signed by Judge Donald M. Middlebrooks on 2/8/2018. (kal)
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Filing 16
ENDORSED ORDER denying #15 Motion for Hearing. Based on Plaintiff's representations and attached exhibits, it appears that Plaintiff has been diligent in seeking to schedule a Rule 26(f) conference with Defendants, and that defense counsel has been unwilling to cooperate. While the Court appreciates that Defendants' refusal to appear impacts Plaintiff's ability to comply with the Pretrial Scheduling Order, the Court declines to compel the Parties to attend a hearing regarding the Rule 26(f) conference before counsel for Defendants have entered an appearance in this matter. As Defendants seem amenable to a Rule 26(f) conference on March 7, 2018 (DE 15 at 9), the deadline for the Parties to file their joint discovery plan is extended to March 9, 2018. The Court reminds the Parties that they may agree to change interim discovery deadlines by agreement without court order, so long as the final discovery cut-off date, and all dates thereafter, are not changed. After counsel for Defendants enter an appearance in the case, the Parties may move to modify the Pretrial Scheduling Order, which the Court may grant upon a showing of good cause. Signed by Judge Donald M. Middlebrooks on 2/8/2018. (kal)
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| Filing 15 Plaintiff's MOTION for Hearing for Case Management and Discovery Status Conference by Kelly Tracht, LLC. (Thornburg, Robert) |
| Filing 14 Corrected MOTION to Compel Answers to Plaintiff's Initial Written Discovery as well as Production of Responsive Documents by Kelly Tracht, LLC. Responses due by 2/21/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Thornburg, Robert) |
| Filing 13 Plaintiff's MOTION to Compel Answers to Plaintiff's Initial Written Discovery as well as Production of Responsive Documents by Kelly Tracht, LLC. Responses due by 2/20/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Thornburg, Robert) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Kelly Tracht, LLC. Natalia Castillo waiver sent on 1/3/2018, answer due 3/5/2018; Escapada Ecommerce LLC waiver sent on 1/3/2018, answer due 3/5/2018; Escapada Inc. waiver sent on 1/3/2018, answer due 3/5/2018; Escapada Resortwear, LLC waiver sent on 1/3/2018, answer due 3/5/2018. (Thornburg, Robert) |
| Filing 11 Summons Issued as to Natalia Castillo, Escapada Ecommerce LLC, Escapada Inc.. (vmz) |
| Filing 10 NOTICE of Filing Proposed Summons(es) as to Natalia Castillo by Kelly Tracht, LLC re #7 Amended Complaint filed by Kelly Tracht, LLC (Thornburg, Robert) |
| Filing 9 NOTICE of Filing Proposed Summons(es) as to Escapada Ecommerce LLC by Kelly Tracht, LLC re #7 Amended Complaint filed by Kelly Tracht, LLC (Thornburg, Robert) |
| Filing 8 NOTICE of Filing Proposed Summons(es) as to Escapada Inc. by Kelly Tracht, LLC re #7 Amended Complaint filed by Kelly Tracht, LLC (Thornburg, Robert) |
| Filing 7 AMENDED COMPLAINT against Escapada Resortwear, LLC, Escapada Inc., Escapada Ecommerce LLC, Natalia Castillo, filed by Kelly Tracht, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Thornburg, Robert) |
| Set Deadlines per #6 Order. Amended Complaint due by 1/15/2018. Joinder of Parties due by 1/15/2018. (asl) |
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Filing 6
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Status Conference set for 8/1/2018 01:15 PM before Judge Donald M. Middlebrooks., Discovery due by 5/14/2018., In Limine Motions due by 5/29/2018., Dispositive Motions due by 5/29/2018., Motions due by 5/29/2018., Pretrial Stipulation due by 7/9/2018. Signed by Magistrate Judge Dave Lee Brannon on 12/20/2017. (vmz) #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.
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon And Setting Trial Dates ( Calendar Call set for 8/1/2018 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 8/6/2018 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 12/18/2017. (vmz)
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| Filing 4 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Attachments: #1 Exhibit) (rms1) |
| Filing 3 Summons Issued as to Escapada Resortwear, LLC. (rms1) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (rms1) |
| Filing 1 COMPLAINT for Copyright Infringement against Escapada Resortwear, LLC. Filing fees $ 400.00 receipt number 113C-10242878, filed by Kelly Tracht, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summon(s))(Thornburg, Robert) |
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