Klauber Brothers, Inc. v. Boston Proper, LLC et al
| Klauber Brothers, Inc. |
| BOSTON PROPER, LLC and Does 1 through 10 |
| 9:2021cv82048 |
| November 9, 2021 |
| U.S. District Court for the Southern District of Florida |
| Rodney Smith |
| Copyright |
| 17 U.S.C. § 0101 |
| Defendant |
Docket Report
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This docket was last retrieved on December 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 43 Election to Jurisdiction for Final Disposition of Motions . Filed by Klauber Brothers, Inc. (Rothman, Joel) |
| Filing 42 Joint SCHEDULING REPORT - Rule 16.1 by Klauber Brothers, Inc. (Attachments: #1 Text of Proposed Order)(Rothman, Joel) |
| Filing 41 Defendant's Election to Jurisdiction for Final Disposition of Motions . Filed by BOSTON PROPER, LLC (Thompson, Eric) |
| Filing 40 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by BOSTON PROPER, LLC identifying Other Affiliate Soft Surrounding Intermediate Holdings II, LLC, Other Affiliate Soft Surroundings Holdings II, LLC, Other Affiliate Soft Surroundings BA-AIV, LLC, Other Affiliate Brentwood-Soft Surroundings Holdings II, Inc, Other Affiliate Denmoss, Inc, Other Affiliate Chubb for BOSTON PROPER, LLC (Thompson, Eric) |
| Filing 39 ANSWER to Counterclaim by Klauber Brothers, Inc.. (Rothman, Joel) |
| Filing 38 Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand and, COUNTERCLAIM against Klauber Brothers, Inc. by BOSTON PROPER, LLC. (Thompson, Eric) |
| Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Trevor W. Barret. Filing Fee $ 200.00 Receipt # AFLSDC-15179017 by Klauber Brothers, Inc.. Responses due by 12/1/2021 (Attachments: #1 Text of Proposed Order)(Rothman, Joel) |
| Filing 36 NOTICE of Attorney Appearance by Joel Benjamin Rothman on behalf of Klauber Brothers, Inc.. Attorney Joel Benjamin Rothman added to party Klauber Brothers, Inc.(pty:pla). (Rothman, Joel) |
Filing 35
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS Joint Scheduling Report due by 12/21/2021 Signed by Judge Rodney Smith on 11/15/2021. See attached document for full details. (cqs)
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Filing 34
PAPERLESS ORDER granting #32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Richard P. Sybert. Signed by Judge Rodney Smith on 11/12/2021. (tcl)
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Filing 33
PAPERLESS ORDER granting #31 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Hannah E. Brown. Signed by Judge Rodney Smith on 11/12/2021. (tcl)
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| Filing 32 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard P. Sybert. Filing Fee $ 200.00 Receipt # AFLSDC-15165005 by BOSTON PROPER, LLC. Responses due by 11/24/2021 (Attachments: #1 Text of Proposed Order)(Thompson, Eric) |
| Filing 31 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hannah E. Brown. Filing Fee $ 200.00 Receipt # AFLSDC-15164953 by BOSTON PROPER, LLC. Responses due by 11/24/2021 (Attachments: #1 Text of Proposed Order)(Thompson, Eric) |
| Filing 30 NOTICE of Attorney Appearance by Eric Robert Thompson on behalf of BOSTON PROPER, LLC. Attorney Eric Robert Thompson added to party BOSTON PROPER, LLC(pty:dft). (Thompson, Eric) |
| Filing 29 Bar Letter re: Admissions sent to attorney Frank Trechsel, Trevor William Barrett, Scott A. Burroughs, Hannah E. Brown, Richard P. Sybert, mailing date November 9, 2021, (pt) |
| Filing 28 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (bb) |
| Filing 27 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (bb) |
| Filing 26 Case transferred in from California Central; Case Number 2:21-cv-06255. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 25
ORDER GRANTING JOINT STIPULATION TO TRANSFER CASE TO UNITED STATES DISTRICT COURT, THE SOUTHERN DISTRICT OF FLORIDA by Judge Percy Anderson, re Stipulation to Transfer Case #24 . The Court concludes that transferring this case will better serve the interests of justice and the convenience of the parties and witnesses. Transfer under 28 U.S.C. 1404 is therefore appropriate. The Court hereby grants the joint stipulation and orders the Clerk to transfer this action to the Southern District of Florida. Case transferred electronically on 11/8/2021. (MD JS-6. Case Terminated.) (mrgo)
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| Filing 24 Joint STIPULATION to Transfer Case to U.S. District Court for the Southern District of Florida filed by Defendant Boston Proper, LLC. (Attachments: #1 Proposed Order)(Sybert, Richard) |
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Filing 23
MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson: denying as moot #20 MOTION to Dismiss for Lack of Jurisdiction. The Court is in receipt of a First Amended Complaint (Docket No. 22) filed by plaintiff Klauber Brothers, Inc ("Plaintiff"). Plaintiff was entitled to file the First Amended Complaint as a matter of right pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), which allows a party to "amend its pleading once as a matter of course within... 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f)." The Motion to Dismiss (Docket No. 20) filed by defendant Boston Proper, LLC is denied as moot. See Ramirez v. County of San Bernardino, 806 F.3d 1002, 1008 (9th Cir. 2015). The hearing calendared for November 15, 2021, is vacated, and the matter taken off calendar. (mrgo)
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| Filing 22 FIRST AMENDED COMPLAINT against Defendants Boston Proper, LLC, Does amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Klauber Brothers, Inc.(Burroughs, Scott) |
| Filing 21 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted #20 filed by Defendant Boston Proper, LLC. (Brown, Hannah) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted filed by Defendant Boston Proper, LLC. Motion set for hearing on 11/15/2021 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Sybert, Richard) |
| Filing 19 NOTICE of Interested Parties filed by Defendant Boston Proper, LLC, identifying Soft Surroundings Intermediate Holdings II, LLC, Soft Surroundings Holdings II, LLC, Soft Surroundings BA-AIV, LLC, Brentwood-Soft Surroundings Holdings II, Inc., Denmoss, and Chubb. (Brown, Hannah) |
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Filing 18
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See attached document for details) (mrgo)
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| Filing 17 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Michael R. Wilner to Judge Percy Anderson for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Margo A. Rocconi. The case number will now reflect the initials of the transferee Judges 2:21-cv-06255 PA(MARx). (rn) |
| Filing 16 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Defendant Boston Proper, LLC. (Brown, Hannah) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Hannah E Brown counsel for Defendant Boston Proper, LLC. Adding Hannah E. Brown as counsel of record for Boston Proper LLC for the reason indicated in the G-123 Notice. Filed by Defendant Boston Proper LLC. (Attorney Hannah E Brown added to party Boston Proper, LLC(pty:dft))(Brown, Hannah) |
| Filing 14 Joint STIPULATION Extending Time to Answer the complaint as to Boston Proper, LLC answer now due 10/18/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Boston Proper, LLC.(Sybert, Richard) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Richard P Sybert counsel for Defendant Boston Proper, LLC. Adding Richard P. Sybert as counsel of record for Boston Proper LLC for the reason indicated in the G-123 Notice. Filed by Defendant Boston Proper LLC. (Attorney Richard P Sybert added to party Boston Proper, LLC(pty:dft))(Sybert, Richard) |
| Filing 12 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (vm) |
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Filing 11
MINUTE (IN CHAMBERS) ORDER RE: PROOF OF SERVICE by Magistrate Judge Michael R. Wilner. The Court reviewed Plaintiffs proof of service. (Docket # 10.) The previous order is DISCHARGED with no further consequence. (vm)
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| Filing 10 PROOF OF SERVICE Executed by Plaintiff Klauber Brothers, Inc., upon Defendant Boston Proper, LLC served on 8/24/2021, answer due 9/14/2021. Service of the Summons and Complaint were executed upon Amy McLaren (Managing Agent) in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) |
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Filing 9
MINUTE (IN CHAMBERS) ORDER RE: STATUS REPORT ON SERVICE OF PROCESS IN CIVIL ACTION by Magistrate Judge Michael R. Wilner. Plaintiff may discharge this order by filing a statement (not to exceed 3 pages) plus proof of service of process by or before September 14, 2021. (See Minute Order for further details) (vm)
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| Filing 8 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Boston Proper, LLC. (car) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Michael R. Wilner. (Attachments: #1 CV-11C) (car) |
| Filing 5 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Klauber Brothers, Inc., (Burroughs, Scott) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Klauber Brothers, Inc.. (Burroughs, Scott) |
| Filing 1 COMPLAINT Receipt No: ACACDC-31738627 - Fee: $402, filed by Plaintiff Klauber Brothers, Inc.. (Attorney Scott A. Burroughs added to party Klauber Brothers, Inc.(pty:pla))(Burroughs, Scott) |
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