Symbology Innovations, LLC v. Global Vending Service LLC
Plaintiff: Symbology Innovations, LLC
Defendant: Global Vending Service LLC
Case Number: 9:2020cv81683
Filed: September 15, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Patent
Cause of Action: 15 U.S.C. ยง 1126
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2020 Filing 12 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 ORDER) (ebz)
October 16, 2020 Opinion or Order Filing 11 ORDER CLOSING CASE. This case is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall CLOSE THIS CASE. All pending motions are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 10/16/2020. See attached document for full details. (ebz)
October 15, 2020 Filing 10 NOTICE of Voluntary Dismissal without Prejudice by Symbology Innovations, LLC (Wernow, Howard)
October 15, 2020 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 Symbology Innovations, LLC. Global Vending Service LLC served on 10/5/2020, answer due 10/26/2020. (Wernow, Howard)
October 13, 2020 Opinion or Order Filing 8 PAPERLESS ORDER striking #6 Motion for Extension of Time. According to the Complaint filed in this matter, Defendant Global Vending Service is a limited liability company whose registered agent is Sherri Holstein. (DE #1 ). On October 9, 2020, Ms. Holstein filed the instant Motion, indicating that Global Vending Service LLC is "looking for an attorney" and requesting an extension of time to respond to the Complaint. (DE #6 ). Global Vending Service LLC is an artificial entity which may not proceed pro se. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (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."). This general rule applies "even where the person seeking to represent the corporation is its president and major stockholder." Id. (citation omitted). Accordingly, the Motion for Extension of Time (DE #6 ) is STRICKEN. Defendant may file a renewed motion, if necessary, once counsel is retained and enters an appearance in this matter on behalf of Defendant. Signed by Judge Donald M. Middlebrooks on 10/13/2020. (kal)
October 13, 2020 Opinion or Order Filing 7 PAPERLESS ORDER REQUIRING STATUS REPORT ON SERVICE OF PROCESS. On September 15, 2020, Plaintiff filed a complaint against Defendant Global Vending Service LLC. (DE #1 ). The record reflects that a summons was issued to Defendant on September 15, 2020 (DE #4 ), however Plaintiff has not filed an executed return of service pursuant to Fed. R. Civ. P. 4(l). Moreover, the record reflects that Defendant is aware of this lawsuit and is seeking additional time to find counsel and Answer the complaint. (DE #6 ). In light of the foregoing, Plaintiff is DIRECTED to file a status report with the court on or before October 16, 2020, apprising the court of the status of service of process on Defendant. Alternatively, if service of process has already been accomplished, then Plaintiff shall file proof of service in the court record by that date. Signed by Judge Donald M. Middlebrooks on 10/13/2020. (Status Report due by 10/16/2020.) (kal)
October 9, 2020 Filing 6 STRICKEN per DE# 8 , MOTION for Extension of Time to Answer as to #1 Complaint, by Global Vending Service LLC. (Address Updated) (ebz) Modified text on 10/14/2020 (jas).
October 9, 2020 Opinion or Order Filing 5 ORDER SETTING TRIAL DATE AND SCHEDULING CONFERENCE. A scheduling conference via videoconferencing is scheduled for October 28, 2020 at 11:00 am before Judge Middlebrooks. Jury Trial set for 7/19/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 7/14/2021 01:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 10/9/2020. See attached document for full details. (ebz) #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.
September 15, 2020 Filing 4 Summons Issued as to Global Vending Service LLC. (cds)
September 15, 2020 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (cds)
September 15, 2020 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. (cds)
September 15, 2020 Filing 1 COMPLAINT against Global Vending Service LLC. Filing fees $ 400.00 receipt number AFLSDC-13522390, filed by Symbology Innovations, LLC. (Attachments: #1 Exhibit A-US8424752, #2 Exhibit B-Claim Chart, #3 Civil Cover Sheet, #4 Summon(s))(Wernow, Howard)

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Defendant: Global Vending Service LLC
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Plaintiff: Symbology Innovations, LLC
Represented By: Howard L. Wernow
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