American Behavioral Research Institute LLC v. Natrol LLC
| American Behavioral Research Institute LLC |
| Natrol LLC |
| 9:2020cv81210 |
| July 27, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 44 Clerks Notice of Docket Correction re #43 Form AO 120/121. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 20-cv-62190-RKA. (jbs) |
| Filing 43 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) |
| Filing 42 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) |
Filing 41
Order Closing Case. Signed by Judge Donald M. Middlebrooks on 10/20/2020. See attached document for full details. (jbs)
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| Filing 40 NOTICE of Voluntary Dismissal by American Behavioral Research Institute LLC (Baker, Amy) |
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Filing 39
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. A supplemental mediator's report was filed indicating that this case has settled after further discussions with the mediator. (DE #38 ). The Court congratulates the Parties on their amicable resolution of this matter. Plaintiff is therefore directed to file a notice of voluntary dismissal within 10 days, which is on or before October 16, 2020. Until closing documents are filed, this case will remain on the trial calendar and the Court expects compliance with all pretrial deadlines. Additionally, the Parties are advised that they may move for the Court to retain jurisdiction upon closing the case if necessary to enforce the terms of their settlement agreement. Signed by Judge Donald M. Middlebrooks on 10/8/2020. (Miscellaneous Deadline 10/16/2020.) (kal)
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| Filing 38 FINAL SUPPLEMENTAL MEDIATION REPORT by Mark E. Stein. Disposition: Settled in full.(Stein, Mark) |
| Filing 37 RESPONSE in Opposition re #32 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Partial Motion and Incorporated Brief in Support filed by American Behavioral Research Institute LLC. Replies due by 10/6/2020. (Baker, Amy) |
| Filing 36 MEDIATION REPORT by Mark E. Stein. Disposition: Adjourned.(Stein, Mark) |
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Filing 35
PAPERLESS ORDER REGARDING STATUS OF MEDIATION EFFORTS. Pursuant to the Parties' Joint Motion for Extension of Time, mediation was scheduled in this case for September 21, 2020. (DE #33 ). Pursuant to S.D. Fla. Local Rule 16.2(f)(1), a mediation report must be filed within seven (7) days following the mediation conference. The Parties are therefore directed to ensure that a mediation report is filed no later than September 28, 2020. (Miscellaneous Deadline 9/28/2020.) Signed by Judge Donald M. Middlebrooks on 9/23/2020. (kal)
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| Set/Reset Deadlines/Hearings as per DE 34 in re: #32 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Partial Motion and Incorporated Brief in Support. Response due by 9/29/2020 (lk) |
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Filing 34
PAPERLESS ORDER granting #33 Joint Motion for Extension of Time. The deadline for Plaintiff to respond to Defendant's Motion to Dismiss is September 22, 2020. (DE #32 ). The Parties seek to extend that deadline to September 29, 2020, citing that they have a mediation scheduled for September 21, 2020, and "are optimistic regarding the possibility of settlement following the mediation." (DE #33 ). Under the circumstances, I find good cause to grant the extension. Therefore, the deadline for Plaintiff to respond to Defendant's Motion to Dismiss (DE #32 ) is extended to September 29, 2020. However I caution Plaintiff that if the Parties fail to amicably resolve this matter at mediation as hoped, that fact alone shall not constitute good cause to further extend this filing deadline. If no notice of settlement is filed before September 29, 2020, then Plaintiff shall timely file its substantive response to Defendant's Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 9/17/2020. (kal)
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| Filing 33 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #32 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Partial Motion and Incorporated Brief in Support by American Behavioral Research Institute LLC. (Attachments: #1 Text of Proposed Order)(Baker, Amy) |
| Filing 32 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Partial Motion and Incorporated Brief in Support by Natrol LLC. Responses due by 9/22/2020 (Silverglate, Spencer) |
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Filing 31
PAPERLESS ORDER granting #28 Defendant's Agreed Motion for Extension of Time. The deadline for Defendant to respond to the Complaint is September 4, 2020. (DE 18 ). Defendant seeks to extend that deadline by one business day, citing that the "Complaint raises eight complex causes of action." (DE #28 ). Based upon the brief nature of the requested extension and Defendant's representation that it will facilitate "a comprehensive and thorough response to Plaintiff's allegations," I find good cause to grant the Motion. Therefore, the deadline for Defendant to respond to the Complaint (DE #1 ) is extended to September 8, 2020. No other litigation deadlines are modified or amended as a result of this Order. However, I previously granted a limited extension of this deadline on August 20, 2020 (DE 18 ), and therefore Defendant is advised that I will not grant further extensions absent exceptional circumstances. Signed by Judge Donald M. Middlebrooks on 9/4/2020. (kal)
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| Filing 30 NOTICE of Mediator Selection. Selected/Added Mark E. Stein as Mediator. (Baker, Amy) |
| Filing 29 Joint SCHEDULING REPORT - Rule 16.1 by American Behavioral Research Institute LLC (Baker, Amy) |
| Filing 28 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Natrol LLC. (Silverglate, Spencer) |
| Filing 27 Certificate of Other Affiliates/Corporate Disclosure Statement by Natrol LLC identifying Corporate Parent Aurobindo Pharma, Ltd., Corporate Parent Aurobindo Pharma USA, Inc. for Natrol LLC (Silverglate, Spencer) |
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Filing 26
PAPERLESS ORDER REGARDING TRIAL SETTING. This cause is before the Court on Plaintiff's Unopposed Motion for Continuance of Trial. (DE #25 ). Plaintiff requests a one-month continuance of the trial in this case due to conflicts with religious holidays. Plaintiff's request is granted to the extent that Plaintiff seeks to ensure that the trial dates do not conflict with counsels' religious observances. The motion is denied, however, to the extent that it seeks to reset the trial. The court will accommodate counsels' holiday schedule by specially setting the trial during the second week of the current trial period, which runs from March 29, 2021 through April 9, 2021. Signed by Judge Donald M. Middlebrooks on 9/1/2020. (kal)
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| Filing 25 Unopposed MOTION to Continue re #7 Order Referring Case to Magistrate Judge,, Scheduling Order, by American Behavioral Research Institute LLC. Responses due by 9/11/2020 (Baker, Amy) |
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Filing 24
PAPERLESS ORDER granting #23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Sandra Jane Wunderlich. Signed by Judge Donald M. Middlebrooks on 8/25/2020. (jdr)
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| Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sandra J. Wunderlich. Filing Fee $ 200.00 Receipt # AFLSDC-13401239 by Natrol LLC. Responses due by 9/8/2020 (Attachments: #1 Certification Local Rule 4(b) Cert.)(Silverglate, Spencer) |
| Filing 22 Clerks Notice to Filer re #17 Reply to Response to Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#21]. It is not necessary to refile this document. (lk) |
| Filing 20 Clerks Notice to Filer re #16 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#19]. It is not necessary to refile this document. (lk) |
| Filing 21 RESPONSE to Motion re #14 Defendant's MOTION for Extension of Time to Respond to Plaintiff's Complaint filed by American Behavioral Research Institute LLC. Replies due by 8/27/2020. See image at DE #17 (lk) |
| Filing 19 RESPONSE in Support(Notice of Consent) re #14 Defendant's MOTION for Extension of Time to Respond to Plaintiff's Complaint filed by Natrol LLC. See image at DE #16 (lk) |
| Set/Reset Answer Due Deadline as per DE 18 : Natrol LLC response due 9/4/2020. (lk) |
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Filing 18
PAPERLESS ORDER granting in part #14 Defendant's Unopposed Motion for Extension of Time. In the present Motion, Defendant seeks a thirty-day extension of time to respond to Plaintiff's Complaint because Defendant has "just recently retained [] counsel." (DE #14 ). Under these circumstances, I find good cause to grant a limited extension; Defendant's deadline to respond to Plaintiff's Complaint is extended until September 4, 2020. Signed by Judge Donald M. Middlebrooks on 8/20/2020. (jdr)
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| Filing 17 REPLY to Response to Motion re #14 Defendant's MOTION for Extension of Time to Respond to Plaintiff's Complaint filed by American Behavioral Research Institute LLC. (Baker, Amy) |
| Filing 16 NOTICE by Natrol LLC re #14 Defendant's MOTION for Extension of Time to Respond to Plaintiff's Complaint Notice of Consent to Defendant's Motion for Enlargement of Time to Respond to Complaint (Silverglate, Spencer) |
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Filing 15
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. The Court ORDERS expedited briefing on Defendant's Motion for Extension of Time (DE #14 ), which was filed on August 20, 2020. Plaintiff must file any response to the Motion by August 24, 2020. Signed by Judge Donald M. Middlebrooks on 8/20/2020. (jdr)
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| Filing 14 Defendant's MOTION for Extension of Time to Respond to Plaintiff's Complaint by Natrol LLC. Responses due by 9/3/2020 (Attachments: #1 Text of Proposed Order)(Silverglate, Spencer) |
| Filing 13 NOTICE of Attorney Appearance by Spencer Hal Silverglate on behalf of Natrol LLC. Attorney Spencer Hal Silverglate added to party Natrol LLC(pty:dft). (Silverglate, Spencer) |
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Filing 12
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Sarah Fink; granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Adam R. Bialek. Signed by Judge Donald M. Middlebrooks on 8/20/2020. (jdr)
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Filing 11
Pretrial Scheduling Order and Order Referring Case to Mediation: (Amended Pleadings due by 9/21/2020., Discovery due by 1/11/2021., Joinder of Parties due by 9/21/2020., In Limine Motions due by 1/25/2021., Dispositive Motions due by 1/25/2021., Motions due by 1/25/2021., Pretrial Stipulation due by 3/1/2021., Jury Trial set for 3/29/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 3/24/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 8/20/2020. See attached document for full details. (jbs)
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| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adam Bialek. Filing Fee $ 200.00 Receipt # AFLSDC-13382748 by American Behavioral Research Institute LLC. Responses due by 9/3/2020 (Attachments: #1 Text of Proposed Order)(Baker, Amy) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah Fink. Filing Fee $ 200.00 Receipt # AFLSDC-13382677 by American Behavioral Research Institute LLC. Responses due by 9/3/2020 (Attachments: #1 Text of Proposed Order)(Baker, Amy) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by American Behavioral Research Institute LLC (Baker, Amy) |
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Filing 7
Order Referring Case and Setting Trial Date. Referring Case to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. (Jury Trial set for 3/29/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/24/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 8/19/2020. See attached document for full details. (jbs)
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| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by American Behavioral Research Institute LLC. Natrol LLC served on 7/31/2020, answer due 8/21/2020. (Baker, Amy) |
| Filing 5 Summons Issued as to Natrol LLC. (lk) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by American Behavioral Research Institute LLC re #1 Complaint, filed by American Behavioral Research Institute LLC (Attachments: #1 Summon(s)) (Baker, Amy) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) |
| 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. (jbs) |
| Filing 1 COMPLAINT against Natrol LLC. Filing fees $ 400.00 receipt number AFLSDC-13250181, filed by American Behavioral Research Institute LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet)(Baker, Amy) |
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