Aspen Licensing International, Inc. v. Zigi USA LLC
| Aspen Licensing International, Inc. |
| ZIGI USA LLC |
| 9:2022cv80853 |
| June 9, 2022 |
| US District Court for the Southern District of Florida |
| Shaniek Mills Maynard |
| Rodolfo A Ruiz |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 10, 2023. A more recent docket listing may be available from PACER.
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Filing 52
NOTICE of Compliance of Serving Order Granting Motion to Withdraw as Counsel on Defendant Zigi USA LLC by Zigi USA LLC re #51 Order on Motion to Withdraw as Attorney, (Kessler, Michael)
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Attorney Michael Isaac Kessler representing Zigi USA LLC (Defendant) Activated. (Kessler, Michael)
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Attorney Michael Isaac Kessler representing Zigi USA LLC (Defendant) terminated. Per ECF No. #51 Order. (gp)
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Filing 51
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL. ORDER granting #50 Motion to Withdraw as Attorney. Michael Isaac Kessler representing Zigi USA LLC (Defendant) withdrawn from case. Deadline to obtain new counsel 5/24/2023. Amended Pleadings due by 6/14/2023. Joinder of Parties due by 6/14/2023. Signed by Judge Rodolfo A. Ruiz, II on 5/8/2023. See attached document for full details. (nan)
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Filing 50
Unopposed MOTION to Withdraw as Attorney by Michael I. Kessler for / by Zigi USA LLC. Responses due by 5/19/2023 (Attachments: #1 Text of Proposed Order ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT ZIGI USA LLC)(Kessler, Michael)
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Filing 49
ORDER Scheduling Mediation before Glenn J. Waldman, Esq. Mediation Hearing set for 11/2/2023 10:00 AM. Signed by Judge Rodolfo A. Ruiz, II on 4/25/2023. See attached document for full details. (ls)
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Filing 48
Joint NOTICE of Mediator Selection and Hearing. Selected/Added Glenn J Waldman as Mediator. Mediation Hearing set for 11/2/2023 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(DuBosar, Harrison)
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Filing 47
PAPERLESS ORDER striking #46 for failure to comply with Court orders. The Court's Scheduling Order, [ECF No. 38], instructed the parties, in relevant part, to jointly file a proposed order scheduling mediation by April 23, 2023 as follows: "The parties shall select a mediator in accordance with Local Rule 16.2; schedule a time, date, and place for mediation; and jointly file a proposed order scheduling mediation via CM/ECF in the form specified on the Court's website.... In addition to filing the joint proposed order, the parties shall also email the order to ruiz@flsd.uscourts.gov in Word format. The email subject line must include the case number as follows: XX-CV-XXXX-RAR." Not only have the parties filed their Joint Notice of Mediator Selection late, they have also failed to email the proposed order to the Court and failed to specify a time, date, and place for the mediation. Accordingly, the parties shall re-file the Joint Notice of Mediator Selection and email the proposed order as instructed to the Court on or before April 25, 2023. The parties are reminded that requests to appear virtually by videoconference for mediation shall be made by motion. Failure to comply with Court orders may result in sanctions. Signed by Judge Rodolfo A. Ruiz, II on 4/24/2023. (pwn)
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Filing 46
"STRICKEN" Joint NOTICE of Mediator Selection. Selected/Added GLENN J WALDMAN as Mediator. (DuBosar, Howard) Modified on 4/25/2023 (ls). (per DE #47)
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Filing 45
Certificate of Other Affiliates/Corporate Disclosure Statement by Aspen Licensing International, Inc. identifying Other Affiliate Larry Dushman for Aspen Licensing International, Inc. (DuBosar, Harrison)
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Filing 44
Clerk's Notice to Filer re #43 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates Not Entered; ERROR - The Filer failed to enter all Other Affiliates from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates. Note - Other Affiliates do not appear on the docket sheet. (ls)
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Filing 43
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Aspen Licensing International, Inc. (DuBosar, Harrison)
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Filing 42
NOTICE of Change of Address, Email or Law Firm Name by Michael Isaac Kessler (Kessler, Michael)
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Filing 41
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ZIGI USA LLC (Kessler, Michael)
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Set Deadlines/Hearings: Joint Discovery Status Report due by 11/9/2023. Status Conference Re: Discovery Matters set for 11/14/2023 01:00 PM via Zoom before Magistrate Judge Shaniek Mills Maynard. (ls)(per DE #39}
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Filing 40
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 4/5/2023. See attached document for full details. (cg01)
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Filing 39
PAPERLESS ORDER SETTING DISCOVERY STATUS CONFERENCE VIA ZOOM: I will hold a final discovery status conference on Tuesday, November 14, 2023, at 1:00 P.M. via Zoom. To join, the parties shall use the Zoom information below. Please join at least 10 minutes prior to the start time. Log on from a secure location and with a secure internet connection. **Please test your device's audio/video settings prior to joining the conference for functionality.** Join ZoomGov Meeting: # Zoom Link Meeting ID: 161 921 4596 Passcode: 185708If the link does not work, paste this link information into your address bar and go: https://www.zoomgov.com/j/1619214596?pwd=ZWgzYUsyRmFqdmdsUnYvdzdaUjVRUT09 Prior to the conference, by Thursday, November 9, 2023, the parties shall file a Joint Discovery Status Report addressing (1) what discovery has been propounded by each party; (2) if the discovery requests have been answered; (3) the status of depositions, including the number of depositions taken, those that remain to be taken and if they have been scheduled, and an explanation of any delay in deposition scheduling; (4) the status of expert disclosures; (5) if there are any outstanding discovery disputes; (6) if the parties believe a discovery status conference is needed and whether it may be canceled; and (7) if the parties can certify that all discovery will be completed by the discovery deadline. I encourage the parties to keep in mind their obligations in discovery and to work cooperatively to complete discovery in this case as efficiently and expeditiously as possible. To the extent either party believes Court intervention is necessary, such party shall abide by the procedures set forth in my forthcoming Discovery Procedures Order. Signed by U.S. Magistrate Judge Shaniek M. Maynard on 4/5/2023. (cg01)
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Filing 38
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 4/8/2024 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 4/2/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 5/14/2023., Discovery due by 12/12/2023., Expert Discovery due by 12/12/2023., Joinder of Parties due by 5/14/2023., Mediation Deadline 12/19/2023., In Limine Motions due by 1/23/2024., Dispositive Motions due by 12/20/2023., Motions due by 12/20/2023., Pretrial Stipulation due by 1/23/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 12/19/2023.), ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 4/3/2023. See attached document for full details. (nan) #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 37
Joint SCHEDULING REPORT - Rule 26(f) by Aspen Licensing International, Inc. (Attachments: #1 Text of Proposed Order)(DuBosar, Harrison)
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Filing 36
Order Requiring Joint Scheduling Report due by 4/7/2023. Signed by Judge Rodolfo A. Ruiz, II on 3/24/2023. See attached document for full details. (pwn)
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Filing 35
AMENDED ANSWER and Affirmative Defenses to Complaint with Jury Demand by ZIGI USA LLC. (Kessler, Michael)
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Set Response/Answer Due Deadline: ZIGI USA LLC response/answer due 2/8/2023. (ls)(per DE #34 )
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Filing 34
ORDER granting in part and denying in part #32 MOTION to Strike #31 Answer to Complaint Certain Affirmative Defenses. Signed by Judge Rodolfo A. Ruiz, II on 1/31/2023. See attached document for full details. (pwn)
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Filing 33
RESPONSE in Opposition re #32 MOTION to Strike #31 Answer to Complaint Certain Affirmative Defenses filed by ZIGI USA LLC. Replies due by 1/18/2023. (Kessler, Michael)
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Filing 32
MOTION to Strike #31 Answer to Complaint Certain Affirmative Defenses by Aspen Licensing International, Inc.. Responses due by 1/19/2023 (DuBosar, Harrison)
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Filing 31
Defendant ZIGI USA, LLC'S ANSWER and Affirmative Defenses to Complaint with Jury Demand by ZIGI USA LLC. (Kessler, Michael)
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Filing 30
OMNIBUS ORDER Granting #24 Defendant Zigi USA LLCs Motion To Set Aside Default Judgment And Final Judgment Awarding Attorneys' Fees. The Clerk is directed to REOPEN the case. Signed by Judge Rodolfo A. Ruiz, II on 12/15/2022. See attached document for full details. (kpe)
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Case Reopened per DE #30 Order. (kpe)
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Filing 29
REPLY to Response to Motion re #24 Defendant's MOTION to Set Aside Default Judgment (ECF 14), and Final Judgment Awarding Attorneys' Fees and Costs (ECF 22) Under Federal Rule 60(b) filed by ZIGI USA LLC. (Kessler, Michael)
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Filing 28
RESPONSE in Opposition re #24 Defendant's MOTION to Set Aside Default Judgment (ECF 14), and Final Judgment Awarding Attorneys' Fees and Costs (ECF 22) Under Federal Rule 60(b) filed by Aspen Licensing International, Inc.. Replies due by 10/21/2022. (Attachments: #1 Exhibit Email Correspondence, #2 Exhibit Corporate Filing, #3 Exhibit PACER Search Results)(DuBosar, Harrison)
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Reset Deadlines as to #24 Defendant's MOTION to Set Aside Default Judgment (ECF 14), and Final Judgment Awarding Attorneys' Fees and Costs (ECF 22) Under Federal Rule 60(b). Responses due by 10/14/2022 (ls)(per DE #27)
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Filing 27
PAPERLESS ORDER granting #26 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Set Aside Default. Plaintiff's response to Defendant's Motion to Set Aside [ECF No. 24] is due on or before October 14, 2022. Signed by Judge Rodolfo A. Ruiz, II on 9/29/2022. (pw)
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Filing 26
Unopposed MOTION for Extension of Time to Respond to Motion to Set Aside Default and Vacate Order and Judgment re #24 Defendant's MOTION to Set Aside Default Judgment (ECF 14), and Final Judgment Awarding Attorneys' Fees and Costs (ECF 22) Under Federal Rule 60(b) by Aspen Licensing International, Inc.. Responses due by 10/13/2022 (Attachments: #1 Text of Proposed Order)(DuBosar, Harrison)
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Filing 25
STATUS REPORT by Aspen Licensing International, Inc. (DuBosar, Harrison)
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Filing 24
Defendant's MOTION to Set Aside Default Judgment (ECF 14), and Final Judgment Awarding Attorneys' Fees and Costs (ECF 22) Under Federal Rule 60(b) by ZIGI USA LLC. (Attachments: #1 Exhibit 1 Declaration of Marc Bernard, #2 Exhibit 2 Prior Filing in JC Penney Case, #3 Exhibit 3 [Proposed] Answer to Plaintiff's Complaint)(Kessler, Michael)
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Filing 23
NOTICE of Attorney Appearance by Michael Isaac Kessler on behalf of ZIGI USA LLC. Attorney Michael Isaac Kessler added to party ZIGI USA LLC(pty:dft). (Kessler, Michael)
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Filing 22
VACATED FINAL JUDGMENT AWARDING ATTORNEYS' FEES AND COSTS. Signed by Judge Rodolfo A. Ruiz, II on 8/25/2022. See attached document for full details. (ob) Modified on 12/16/2022 per DE #30 Order (kpe).
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Filing 21
MOTION for Bill of Costs by Aspen Licensing International, Inc.. Responses due by 9/6/2022 (DuBosar, Howard)
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Filing 20
AFFIDAVIT in Support re #19 Plaintiff's MOTION for Attorney Fees and Costs filed by Aspen Licensing International, Inc.. (Attachments: #1 Exhibit Accounting Ledger)(DuBosar, Howard)
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Filing 19
Plaintiff's MOTION for Attorney Fees by Aspen Licensing International, Inc.. Responses due by 9/6/2022 (Attachments: #1 Exhibit Accounting Ledger)(DuBosar, Howard)
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Filing 18
PAPERLESS ORDER on the Admissibility of Pre-Suit Communications as Evidence of Damages. Upon careful in camera review of the pre-suit communications submitted by Plaintiff, the Court finds that these communications contain clear offers of compromise prohibited by Fed. R. Evid. 408. Accordingly, Plaintiff's request to submit these communications as evidence to support Plaintiff's claim for damages is hereby DENIED. Signed by Judge Rodolfo A. Ruiz, II on 8/23/2022. (ob)
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Filing 17
NOTICE of Compliance by Aspen Licensing International, Inc. re 16 Order on Motion for Miscellaneous Relief, (Attachments: #1 Exhibit) (DuBosar, Harrison)
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Filing 16
PAPERLESS ORDER granting #15 Motion to Determine Admissibility of Pre Suit Communications as Evidence of Damages ("Motion"). The Court will conduct an in camera review of the communications outlined in the Motion. Plaintiff shall provide the Court with the communications on a USB drive and deliver them to the Court no later than Monday, August 8, 2022. Signed by Judge Rodolfo A. Ruiz, II on 8/3/2022. (ob)
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Filing 15
MOTION to Determine Admissibility of Pre Suit Communications as Evidence of Damages by Aspen Licensing International, Inc.. (DuBosar, Harrison)
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Filing 14
ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT. Signed by Judge Rodolfo A. Ruiz, II on 7/22/2022. See attached document for full details. (ob)
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Filing 13
MOTION for Default Judgment by Aspen Licensing International, Inc.. (Attachments: #1 Text of Proposed Order)(DuBosar, Howard)
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Filing 12
ORDER REQUIRING MOTION FOR DEFAULT JUDGMENT. Signed by Judge Rodolfo A. Ruiz, II on 7/8/2022. See attached document for full details. (ob)
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Filing 11
Clerk's Entry of Default as to ZIGI USA LLC. Signed by DEPUTY CLERK on 7/8/2022. (jas)
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Filing 10
MOTION for Clerk's Entry of Default as to ZIGI USA LLC by Aspen Licensing International, Inc.. (DuBosar, Harrison)
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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 Aspen Licensing International, Inc.. ZIGI USA LLC served on 6/15/2022, response/answer due 7/6/2022. (DuBosar, Howard)
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Filing 8
Summons Issued as to ZIGI USA LLC. (drz)
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Filing 7
NOTICE of Filing Proposed Summons(es) by Aspen Licensing International, Inc. re #1 Complaint filed by Aspen Licensing International, Inc. (DuBosar, Harrison)
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Filing 6
NOTICE by Aspen Licensing International, Inc. re 3 Clerks Notice to Filer re: Electronic Case Civil Cover sheet (Attachments: #1 Exhibit) (DuBosar, Harrison)
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Filing 5
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint and Exhibits) (jas)
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Filing 4
Clerks Notice to Filer re: Electronic Case. Venue Confirmation, Venue Not able to be confirmed on Initiating Document. The Clerks Office confirmed Palm Beach (Office - West Palm Beach) as the county with the filer. It is not necessary to re-file this document. (jas)
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Filing 3
Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jas)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (jas)
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Filing 1
COMPLAINT against ZIGI USA LLC. Filing fees $ 402.00 receipt number AFLSDC-15704848, filed by Aspen Licensing International, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(DuBosar, Howard)
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| Plaintiff: Aspen Licensing International, Inc. | |
| Represented By: | Howard D. DuBosar |
| Represented By: | Harrison Ross DuBosar |
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| Defendant: ZIGI USA LLC | |
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