Cygnet Online LLC v. Bausch Health US, LLC
| Cygnet Online LLC |
| Bausch Health US, LLC |
| 9:2022cv80381 |
| March 11, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on May 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 ORDER REMANDING CASE) (drz) |
| Filing 26 Transmittal Letter Sent with ORDER REMANDING CASE to: 15th Judicial Circuit, Palm Beach County, FL. State Court Case Number: 502022CA001011 (Attachments: #1 ORDER REMANDING CASE) (drz) |
Filing 25
ORDER granting #11 Motion to Remand to State Court. Closing Case. Motions Terminated: #11 MOTION to Remand to State Court filed by Cygnet Online LLC, #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and Memorandum of Law in Support Thereof filed by Bausch Health US, LLC. Signed by Judge Donald M. Middlebrooks on 5/3/2022. See attached document for full details. (drz)
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Filing 24
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Trial set for 12/5/2022 at 9:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 11/30/2022 at 1:15 PM before Judge Donald M. Middlebrooks. Signed by Magistrate Judge William Matthewman on 4/27/2022. See attached document for full details. (ail) #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 23 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 4/27/2022. There are two (2) motions pending. The Court discussed the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 19 minutes. Attorney Appearance(s): Geoffrey Michael Cahen, Jason Henry Okleshen, Emma K. Morehart. (Digital 14:59:51) (kza) |
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Filing 22
ORDER Denying #20 MOTION TO EXTEND TRIAL DATE. Signed by Judge Donald M. Middlebrooks on 4/26/2022. See attached document for full details. (cds)
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Filing 21
PAPERLESS ORDER granting #19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Emma K. Morehart. Signed by Judge Donald M. Middlebrooks on 4/26/2022. (kal)
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| Filing 20 Unopposed MOTION to Continue /Extend Trial Date re #16 Scheduling Order,,, Order Referring Case to Magistrate Judge,, by Bausch Health US, LLC. Responses due by 5/9/2022 (Attachments: #1 Text of Proposed Order)(Okleshen, Jason) |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emma K. Morehart. Filing Fee $ 200.00 Receipt # AFLSDC-15586907 by Bausch Health US, LLC. Responses due by 5/9/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Okleshen, Jason) |
| Filing 18 RESPONSE in Support re #11 MOTION to Remand to State Court filed by Cygnet Online LLC. (Cahen, Geoffrey) |
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Filing 17
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/27/2022 at 3:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 4/21/2022. (cpe)
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Filing 16
ORDER REFERRING CASE AND SETTING TRIAL DATE: Trial set for 12/5/2022 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 11/30/2022 at 1:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 4/20/2022. See attached document for full details. (ail) #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 15 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Bausch Health US, LLC. Replies due by 4/26/2022. (Attachments: #1 Exhibit 1 - Richpianauncensored.com, LLC Complaint, #2 Exhibit 2 - Nature's Health Connection, Inc. Complaint, #3 Exhibit 3 - Nature's Health Connection, Inc. Order on Motion for Remand)(Okleshen, Jason) |
| Filing 14 NOTICE by Bausch Health US, LLC re #13 Notice of Supplemental Authority of Filing Response Pursuant to Local Rule 7.8 (Okleshen, Jason) |
| Filing 13 Notice of Supplemental Authority by Cygnet Online LLC (Cahen, Geoffrey) |
| Filing 12 Defendant's REPLY to Response to Motion re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and Memorandum of Law in Support Thereof filed by Bausch Health US, LLC. (Attachments: #1 Exhibit Wilco Trading Complaint)(Okleshen, Jason) |
| Filing 11 MOTION to Remand to State Court by Cygnet Online LLC. (Cahen, Geoffrey) |
| Filing 10 RESPONSE in Opposition re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and Memorandum of Law in Support Thereof filed by Cygnet Online LLC. Replies due by 4/5/2022. (Cahen, Geoffrey) |
| Filing 9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and Memorandum of Law in Support Thereof by Bausch Health US, LLC. Responses due by 4/1/2022 (Attachments: #1 Exhibit 1 - Amended Complaint)(Okleshen, Jason) |
| Filing 8 NOTICE by Cygnet Online LLC re #7 Order, Set/Reset Deadlines Status Report (Cahen, Geoffrey) |
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Filing 7
ORDER REGARDING REMOVAL AND REQUIRING STATUS REPORT -(Status Report due by 3/21/2022.) Signed by Judge Donald M. Middlebrooks on 3/16/2022. See attached document for full details. (ail)
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Filing 6
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Martha B. Motley. Signed by Judge Donald M. Middlebrooks on 3/14/2022. (kal)
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| Filing 5 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Martha B. Motley. Filing Fee $ 200.00 Receipt # AFLSDC-15471005 by Bausch Health US, LLC. Responses due by 3/25/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Okleshen, Jason) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Notice of Removal Part 1, #2 Part 2, #3 Part 3) (ail) |
| Filing 3 Bar Letter re: Admissions sent to attorney Martha B. Motley, mailing date March 11, 2022, (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (ail) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Cygnet Online, LLC v. Bausch Health US, LLC) Filing fee $ 402.00 receipt number AFLSDC-15469608, filed by Bausch Health US, LLC. (Attachments: #1 Exhibit 1 - Get Fit Fast Order on Motion for Remand, #2 Exhibit 2a - State Court Documents, #3 Exhibit 2b - State Court Documents continued, #4 Civil Cover Sheet)(Okleshen, Jason) |
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| Plaintiff: Cygnet Online LLC | |
| Represented By: | Geoffrey Michael Cahen |
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| Defendant: Bausch Health US, LLC | |
| Represented By: | Martha Brewer Motley |
| Represented By: | Jason Henry Okleshen |
| Represented By: | Emma K. Morehart |
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