Andrew M. Ress and Associates, M.D., P.A. v. Todaro et al
| Andrew M. Ress and Associates, M.D., P.A. |
| Colin Todaro and Todaro Bro, Inc. |
| 9:2022cv80943 |
| June 28, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Defendant |
Docket Report
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Filing 19
PAPERLESS ORDER: In light of the parties' Joint Notice of Settlement [DE 17], it is hereby ORDERED that the scheduling conference currently scheduled for August 23, 2022 at 11:30 a.m. is CANCELED. Signed by Magistrate Judge William Matthewman on 8/22/2022. (cpe)
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Filing 18
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. The Parties notified the Court that the they have settled this matter (DE #17 ), and the Court congratulates them on reaching an amicable resolution of this case. The Parties shall file a joint stipulation of dismissal within 10 days, or no later than August 29, 2022. The Parties seek until September 28, 2022 to file a joint stipulation of dismissal so as to complete the terms of their settlement agreement. I view that as unnecessary, as the Court will retain jurisdiction to enforce the terms of the Parties' settlement agreement if the Parties so request. The Parties may make such a request via motion prior to the filing of a self-executing stipulation of dismissal, or they may make the request contemporaneous with a conditionally-worded joint stipulation of dismissal. Signed by Judge Donald M. Middlebrooks on 8/22/2022. (ifr)
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| Filing 17 NOTICE of Settlement by Andrew M. Ress and Associates, M.D., P.A.. Attorney Jonathan Ray Woodard added to party Andrew M. Ress and Associates, M.D., P.A.(pty:pla). (Woodard, Jonathan) |
| Filing 16 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Colin Todaro, Todaro Bro, Inc.. (Spielman, Darren) |
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Filing 15
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/23/2022 at 11:30 AM 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 8/15/2022. (no00)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 2/22/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 2/27/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 8/11/2022. See attached document for full details. (ls)
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Filing 13
PAPERLESS ORDER granting #12 Expedited Joint Motion for a Third Extension of Time. The Parties jointly move the court for a seven-day extension of Defendants' deadline to respond to the Complaint, until August 15, 2022. I granted Defendants' prior two requests in part. (DE 9 ; DE 11 ). I credit the Parties' representations that they have nearly finalized their settlement agreement, and I will grant the instant motion in full. However, the Parties are advised that the failure to consummate their settlement by August 15, 2022 will not constitute good cause for a further extension. If the Parties do not reach a settlement on or by August 15, 2022, the Court will expect Defendants to file an appropriate response to the Complaint by that date. Signed by Judge Donald M. Middlebrooks on 8/5/2022. (ifr)
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| Filing 12 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, Expedited, by Colin Todaro, Todaro Bro, Inc.. (Attachments: #1 Text of Proposed Order)(Spielman, Darren) |
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Filing 11
PAPERLESS ORDER granting in part #10 Second Motion for Extension of Time. Defendants seek an unopposed 10-day extension of their August 1, 2022 deadline to respond to the Complaint. Defendants represent that the Parties have made significant progress in their settlement discussions and are in the process of drafting a written settlement agreement. In light of these representations, I find good cause to grant an additional week extension. Defendants' deadline to respond to the Complaint is therefore extended until August 8, 2022. The Parties are further advised that once a settlement is reached, they shall promptly file a Notice of Settlement in the court record. Signed by Judge Donald M. Middlebrooks on 7/28/2022. (ifr)
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| Filing 10 Second MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, Unopposed, by Colin Todaro, Todaro Bro, Inc.. (Attachments: #1 Text of Proposed Order)(Spielman, Darren) |
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Filing 9
PAPERLESS ORDER granting in part #8 Joint Stipulation for Extension of Time. The Parties submit a joint stipulation for a one-month extension of time for Defendants to respond to the Complaint. This is an improper method of seeking an extension of a deadline. See Fed. R. Civ. P. 7(b)(1) ("A request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order."). For the sake of judicial economy, I will construe this joint stipulation as a motion. However, going forward, the Parties shall ensure that requests for court orders are made in the procedurally proper manner. In support of their request, the Parties represent that Defendants' counsel was recently retained and requires additional time to prepare an adequate response. Motions for extensions of time must set forth good cause supported by specific facts. The generalized representations set forth in the Parties' stipulation fail to meet the good cause standard, and I am disinclined to delay this litigation by a month without compelling reasons. I will grant a one-week extension. Nothing beyond that is warranted on this record. Accordingly, Defendants' deadline to respond to the Complaint is August 1, 2022. Signed by Judge Donald M. Middlebrooks on 7/21/2022. (kal)
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| Filing 8 STIPULATION for Extension of Time for Defendants to File a Response to Plaintiff's Complaint by Andrew M. Ress and Associates, M.D., P.A. (Attachments: #1 Text of Proposed Order)(Suero, Cleo) |
| Filing 7 NOTICE of Attorney Appearance by Darren Joel Spielman on behalf of Colin Todaro, Todaro Bro, Inc.. Attorney Darren Joel Spielman added to party Colin Todaro(pty:dft), Attorney Darren Joel Spielman added to party Todaro Bro, Inc.(pty:dft). (Spielman, Darren) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andrew M. Ress and Associates, M.D., P.A.. Todaro Bro, Inc. served on 7/2/2022, response/answer due 7/25/2022. (Suero, Cleo) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Andrew M. Ress and Associates, M.D., P.A.. Colin Todaro served on 7/2/2022, response/answer due 7/25/2022. (Suero, Cleo) |
| Filing 4 Summons Issued as to Colin Todaro, Todaro Bro, Inc.. (jas) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint and Exhibits) (jas) |
| 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. (jas) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-15747357, payment transferred from : 22-cv-80941, filed by Andrew M. Ress and Associates, M.D., P.A.. (Attachments: #1 Summon(s) Colin Todaro, #2 Summon(s) Todaro Bro, Inc., #3 Civil Cover Sheet, #4 Exhibit A)(Suero, Cleo) |
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