Celsius Holdings, Inc. v. A Shoc Beverage, LLC et al
| Celsius Holdings, Inc. |
| Keurig Dr Pepper Inc. and A Shoc Beverage, LLC |
| 9:2021cv80740 |
| April 20, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| William Matthewman |
| Donald M Middlebrooks |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 18, 2021. A more recent docket listing may be available from PACER.
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| Filing 32 RESPONSE in Opposition re #27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Celsius Holdings, Inc.. Replies due by 6/25/2021. (Rothman, Joel) |
Filing 31
PAPERLESS ORDER granting #30 Plaintiff's Consent Motion for Extension of Time. The deadline for Plaintiff to respond to Defendants' Motion to Dismiss is June 11, 2021. (DE #27 ). Plaintiff seeks a 7-day extension, citing only that counsel "requires an additional seven (7) days in which to adequately respond." (DE #30 at 1). Motions to extend litigation deadlines must set forth good cause supported by specific facts. Plaintiff's Motion does not provide the Court with any basis upon which to evaluate whether good cause exists to grant the requested relief. Nevertheless, I will grant the Motion because the extension is brief and unopposed. Accordingly, the deadline for Plaintiff to respond to Defendants' Motion to Dismiss (DE #27 ) is extended to June 18, 2021. I note that Plaintiff's Motion indicates that Defendants do not oppose the requested extension "assuming a commensurate extension of the reply deadline." (DE #30 at 2). Any reply must be filed within 7 days after Plaintiff files its response to Defendants' Motion to Dismiss. To the extent that Defendants intend to seek an extension of that deadline, they must do so by a separate motion. Signed by Judge Donald M. Middlebrooks on 6/11/2021. (kal)
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| Filing 30 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Celsius Holdings, Inc.. (Rothman, Joel) |
| Filing 29 MOTION Request for Judicial Notice in Support of Motion to Dismiss re #28 Affidavit in Support of Motion, #27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by A Shoc Beverage, LLC, Keurig Dr Pepper Inc.. (Kaplan, Kevin) |
| Filing 28 AFFIDAVIT in Support re #27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Declaration of Christopher Kopp filed by A Shoc Beverage, LLC, Keurig Dr Pepper Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kaplan, Kevin) |
| Filing 27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by A Shoc Beverage, LLC, Keurig Dr Pepper Inc.. Responses due by 6/11/2021 (Kaplan, Kevin) |
| Filing 26 Joint SCHEDULING REPORT - Rule 16.1 by Celsius Holdings, Inc. (Rothman, Joel) |
| Filing 25 Case Reassignment of Paired Magistrate Judge to Magistrate Judge William Matthewman. Magistrate Judge Dave Lee Brannon no longer assigned to case. (yar) |
| Filing 24 Corporate Disclosure Statement by Keurig Dr Pepper Inc. identifying Corporate Parent Keurig Dr Pepper Inc. for Keurig Dr Pepper Inc. (Kaplan, Kevin) |
| Filing 23 Corporate Disclosure Statement by A Shoc Beverage, LLC identifying Corporate Parent A Shoc Beverage, LLC for A Shoc Beverage, LLC (Kaplan, Kevin) |
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Filing 22
PAPERLESS ORDER granting #21 Defendant Keurig Dr Pepper Inc.'s Unopposed Motion for Extension of Time. The deadline for Defendant Keurig Dr Pepper Inc. to respond to the Complaint is May 17, 2021. (DE #10 ). Defendant Keurig Dr Pepper Inc. seeks an extension until May 28, 2021, citing that "Defendants anticipate filing a combined response" but that the Court recently granted Defendant A Shoc Beverage, LLC, an extension until May 28, 2021. (DE #21 at 1). I find good cause to grant the Motion and extend the deadline for Defendant Keurig Dr Pepper Inc. to respond to the Complaint to May 28, 2021. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 5/13/2021. (apo)
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, 19 Order on Motion for Extension of Time to File Response/Reply/Answer,,,,,, Order on Motion for Miscellaneous Relief,,,,, by Keurig Dr Pepper Inc.. Attorney Kevin Crow Kaplan added to party Keurig Dr Pepper Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin) |
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Filing 20
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 7/12/2021., Discovery due by 11/1/2021., Joinder of Parties due by 7/12/2021., In Limine Motions due by 11/15/2021., Dispositive Motions due by 11/15/2021., Motions due by 11/15/2021., Pretrial Stipulation due by 12/20/2021., Jury Trial set for 1/18/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 1/12/2022 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 5/11/2021. See attached document for full details. (jbs) #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 19
PAPERLESS ORDER granting in part and denying without prejudice in part #14 the Motion for Extension of Time and Continuance of Trial filed by Defendant A Shoc Beverage, LLC ("A Shoc"). The deadline for A Shoc to respond to the Complaint is May 14, 2021. (DE #9 ). The trial in this matter is currently set for the two-week trial period commencing January 18, 2022. (DE #11 ). A Shoc seeks a 30-day extension of its response deadline and a continuance of trial, citing the perceived complexity of this case and the anticipated volume of discovery, and describing this case as being appropriate for disposition on a "Standard Track." (DE #14 ). Plaintiff does not oppose the Motion. (Id.). I find good cause to grant the Motion in part and extend the deadline for A Shoc to respond to the Complaint to May 28, 2021. However, A Shoc's request for a continuance of trial is premature and therefore denied without prejudice given that trial is currently scheduled eight months out. Further, A Shoc is advised that I do not generally adhere to the case management tracks set forth in the Local Rules. However, at any time, the Parties may consent to the jurisdiction of U.S. Magistrate Judge Dave Lee Brannon, who generally allows litigants great flexibility in setting the course and schedule, including the trial date, of their case. The consent form may be found on the Court's website. Signed by Judge Donald M. Middlebrooks on 5/10/2021. (kal)
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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 for Attorney Howard S. Hogan; granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher F. Kopp. Signed by Judge Donald M. Middlebrooks on 5/10/2021. (apo)
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| Filing 17 Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher F. Kopp. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #13 Motion to Appear Pro Hac Vice, by A Shoc Beverage, LLC. Responses due by 5/21/2021 (Attachments: #1 Certification of Christopher F. Kopp, #2 Text of Proposed Order)(Kaplan, Kevin) |
| Filing 16 Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Howard S. Hogan. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #12 Motion to Appear Pro Hac Vice, by A Shoc Beverage, LLC. Responses due by 5/21/2021 (Attachments: #1 Certification of Howard S. Hogan, #2 Text of Proposed Order)(Kaplan, Kevin) |
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Filing 15
PAPERLESS ORDER denying without prejudice #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Howard S. Hogan; denying without prejudice #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher F. Kopp. Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. The Motions (DE #12 ; DE #13 ) are therefore denied without prejudice. A sample motion can be found on the Court's website. Counsel may renew the Motions in compliance with the Local Rules. Signed by Judge Donald M. Middlebrooks on 5/7/2021. (apo)
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| Filing 14 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #11 Scheduling Order,,, Order Referring Case to Magistrate Judge,, , MOTION Request to Re-Set Trial Date and Incorporated Memorandum of Law by A Shoc Beverage, LLC. (Attachments: #1 Text of Proposed Order)(Kaplan, Kevin) |
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher F. Kopp. Filing Fee $ 200.00 Receipt # AFLSDC-14670616 by A Shoc Beverage, LLC. Responses due by 5/21/2021 (Attachments: #1 Certification of Christopher F. Kopp, #2 Text of Proposed Order)(Kaplan, Kevin) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Howard S. Hogan. Filing Fee $ 200.00 Receipt # AFLSDC-14670591 by A Shoc Beverage, LLC. Attorney Kevin Crow Kaplan added to party A Shoc Beverage, LLC(pty:dft). Responses due by 5/21/2021 (Attachments: #1 Certification of Howard S. Hogan, #2 Text of Proposed Order)(Kaplan, Kevin) |
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Filing 11
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 1/18/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/12/2022 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave L. Brannon for Scheduling Order. Signed by Judge Donald M. Middlebrooks on 5/5/2021. See attached document for full details. (cds) #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 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Celsius Holdings, Inc.. Keurig Dr Pepper Inc. served on 4/26/2021, answer due 5/17/2021. (Rothman, Joel) |
| 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 Celsius Holdings, Inc.. A Shoc Beverage, LLC served on 4/23/2021, answer due 5/14/2021. (Rothman, Joel) |
| Filing 8 Summons Issued as to Keurig Dr Pepper Inc. (jbs) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Celsius Holdings, Inc. re #1 Complaint, filed by Celsius Holdings, Inc. (Rothman, Joel) |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement by Celsius Holdings, Inc. identifying Corporate Parent Celsius Holdings, Inc. for Celsius Holdings, Inc. (Rothman, Joel) |
| Filing 5 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) |
| Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Defendant's address is Missing. (jbs) |
| Filing 3 Summons Issued as to A Shoc Beverage, LLC. (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 A Shoc Beverage, LLC, Keurig Dr Pepper Inc.. Filing fees $ 402.00 receipt number AFLSDC-14619630, filed by Celsius Holdings, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Proposed for A Shoc Beverage, #3 Summon(s) Proposed for Keurig Dr. Pepper)(Rothman, Joel) |
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