BRAND Q, INC. v. JUNG GMBH LIMITED LIABILITY COMPANY et al

Justia Dockets & Filings Eleventh Circuit Florida Southern District BRAND Q, INC. v. JUNG GMBH LIMITED LIABILITY COMPANY et al

BRAND Q, INC. v. JUNG GMBH LIMITED LIABILITY COMPANY et al

Plaintiff:	BRAND Q, INC.
Defendant:	JUNG GMBH LIMITED LIABILITY COMPANY doing business as Paul Malone doing business as TieDrake doing business as tiepassion, L.A.M. TRADING UG, LLC doing business as Paul Malone doing business as TieDrake doing business as tiepassion, JUNG GMBH LIMITED LIABILITY COMPANY a German limited liability company, individually doing business as Paul Malone doing business as TieDrake doing business as tiepassion, L.A.M. TRADING UG, LLC a German limited liability company, individually doing business as Paul Malone doing business as TieDrake doing business as tiepassion and Holger Jung
Case Number:	9:2022cv80769
Filed:	May 23, 2022
Court:	US District Court for the Southern District of Florida
Presiding Judge:	William Matthewman
Referring Judge:	Donald M Middlebrooks
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
July 17, 2022	Filing 24 ORDER granting #23 UNOPPOSED MOTION TO CONTINUE THE TRIAL DATEAND PRE-TRIAL DEADLINES. Dispositive Motions due by 3/20/2023. Motions due by 3/20/2023. Pretrial Stipulation due by 4/24/2023. Calendar Call set for 5/31/2023 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 6/5/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 7/17/2022. See attached document for full details. (cds)
July 14, 2022	Filing 23 Unopposed MOTION to Continue Trial Date and Pre-Trial Deadlines re #14 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, #22 Scheduling Order,,, Order Referring Case to Mediation,, by JUNG GMBH LIMITED LIABILITY COMPANY, L.A.M. TRADING UG, LLC. Responses due by 7/28/2022 (Moreno Kostencki, Euyelit)
July 13, 2022	Filing 22 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 8/25/2022., Discovery due by 12/15/2022., Fact Discovery due by 12/15/2022., Joinder of Parties due by 8/25/2022., In Limine Motions due by 12/29/2022., Dispositive Motions due by 12/29/2022., Motions due by 12/29/2022., Pretrial Stipulation due by 1/30/2023.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 7/13/2022. See attached document for full details. (cqs)
July 13, 2022	Filing 21 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 07/13/2022. The Court directed counsel to inform the counsel for Defendant Holger Jung of what transpired at this conference when they appear. The Court discussed whether parties would be added, 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: 22 minutes. Attorney Appearance(s): Kelsey M. Schultz, Stephen M. Doniger, T. Raquel Wiborg-Rodriguez, Euyelit Adriana Moreno Kostencki. (Digital 15:00:52) (kza)
July 13, 2022	Filing 20 NOTICE of Attorney Appearance by T. Raquel Wiborg-Rodriguez on behalf of BRAND Q, INC.. Attorney T. Raquel Wiborg-Rodriguez added to party BRAND Q, INC.(pty:pla). (Wiborg-Rodriguez, T.)
July 12, 2022	Filing 19 Summons Issued as to Holger Jung. (cqs)
July 12, 2022	Filing 18 PAPERLESS ORDER denying as moot #13 Motion to Dismiss for Failure to State a Claim, in light of Plaintiff's filing of the First Amended Complaint, DE #16 . Signed by Judge Donald M. Middlebrooks on 7/12/2022. (ifr)
July 11, 2022	Filing 17 NOTICE of Filing Proposed Summons(es) of Holger Jung by BRAND Q, INC. re #16 Amended Complaint/Amended Notice of Removal filed by BRAND Q, INC. (Attachments: #1 Summon(s)) (Gaffigan, Stephen)
July 11, 2022	Filing 16 First AMENDED COMPLAINT against JUNG GMBH LIMITED LIABILITY COMPANY, L.A.M. TRADING UG, LLC, Holger Jung, filed by BRAND Q, INC.. (Attachments: #1 Exhibit A - trademark reg, #2 Exhibit B - copyright)(Gaffigan, Stephen)
June 28, 2022	Filing 15 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/13/2022 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 6/28/2022. (cpe)
June 27, 2022	Filing 14 ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 2/27/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/22/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 6/27/2022. 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.
June 27, 2022	Filing 13 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by JUNG GMBH LIMITED LIABILITY COMPANY, L.A.M. TRADING UG, LLC. Responses due by 7/11/2022 (Moreno Kostencki, Euyelit)
June 15, 2022	Filing 12 PAPERLESS ORDER granting #11 Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendants seek a 10-day extension of their June 15, 2022 deadline to respond to the Complaint. In support, Defendants represent that counsel was recently retained and is in the process of investigating the allegations and preparing a response. Additionally, Defendants note the complexity of the theories and potential defenses at issue in this case. Motions for extensions of time must set forth good cause supported by specific facts. Generalized references to counsel's retention and preparation fall short of the good cause standard. Nevertheless, having reviewed the Complaint and the nature claims brought therein, and in light of Plaintiff's lack of opposition, I find good cause to grant the relatively limited extension Defendants request. Accordingly, Defendants must respond to the Complaint on or by June 27, 2022. Signed by Judge Donald M. Middlebrooks on 6/15/2022. (ifr)
June 14, 2022	Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by JUNG GMBH LIMITED LIABILITY COMPANY, L.A.M. TRADING UG, LLC. Attorney Euyelit Adriana Moreno Kostencki added to party JUNG GMBH LIMITED LIABILITY COMPANY(pty:dft), Attorney Euyelit Adriana Moreno Kostencki added to party L.A.M. TRADING UG, LLC(pty:dft). (Moreno Kostencki, Euyelit)
June 6, 2022	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 BRAND Q, INC.. L.A.M. TRADING UG, LLC served on 5/25/2022, response/answer due 6/15/2022. (Gaffigan, Stephen)
June 6, 2022	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 BRAND Q, INC.. JUNG GMBH LIMITED LIABILITY COMPANY served on 5/25/2022, response/answer due 6/15/2022. (Gaffigan, Stephen)
May 27, 2022	Filing 8 PAPERLESS ORDER granting #6 and #7 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Stephen M. Doniger and Kelsey M. Schultz. Signed by Judge Donald M. Middlebrooks on 5/27/2022. (kal)
May 26, 2022	Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kelsey M. Schultz. Filing Fee $ 200.00 Receipt # AFLSDC-15669016 by BRAND Q, INC.. Responses due by 6/9/2022 (Attachments: #1 Certification Kelsey M. Schultz, #2 Text of Proposed Order)(Gaffigan, Stephen)
May 26, 2022	Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephen M. Doniger. Filing Fee $ 200.00 Receipt # AFLSDC-15668895 by BRAND Q, INC.. Responses due by 6/9/2022 (Attachments: #1 Certification Stephen M. Doniger, #2 Text of Proposed Order)(Gaffigan, Stephen)
May 23, 2022	Filing 5 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pc)
May 23, 2022	Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pc) (pc).
May 23, 2022	Filing 3 Summons Issued as to JUNG GMBH LIMITED LIABILITY COMPANY, L.A.M. TRADING UG, LLC. (Attachments: #1 Summon(s))(pc)
May 23, 2022	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. (pc)
May 23, 2022	Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15658407, filed by BRAND Q, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit "A" to Complaint, #3 Exhibit "B" to Complaint, #4 Summon(s) Proposed Summons re JUNG GMBH LIMITED LIABILITY COMPANY, #5 Summon(s) Proposed Summons re L.A.M. TRADING UG, LLC)(Gaffigan, Stephen)

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Plaintiff: BRAND Q, INC.
Represented By:	Stephen Michael Gaffigan
Represented By:	Kelsey M. Schultz
Represented By:	Stephen M. Doniger
Represented By:	T. Raquel Wiborg-Rodriguez
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Defendant: JUNG GMBH LIMITED LIABILITY COMPANY doing business as Paul Malone doing business as TieDrake doing business as tiepassion
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Defendant: L.A.M. TRADING UG, LLC doing business as Paul Malone doing business as TieDrake doing business as tiepassion
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Defendant: JUNG GMBH LIMITED LIABILITY COMPANY a German limited liability company, individually doing business as Paul Malone doing business as TieDrake doing business as tiepassion
Represented By:	Euyelit Adriana Moreno Kostencki
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Defendant: L.A.M. TRADING UG, LLC a German limited liability company, individually doing business as Paul Malone doing business as TieDrake doing business as tiepassion
Represented By:	Euyelit Adriana Moreno Kostencki
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Defendant: Holger Jung
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