RUSH H. LIMBAUGH III ESTATE v. The Rush Legacy, Inc. et al
| RUSH H. LIMBAUGH III ESTATE |
| The Rush Legacy, Inc., Smschaef, LLC, Scott Schaefer and John Does I-X |
| 9:2023cv80418 |
| March 16, 2023 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Robin L Rosenberg |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 REPLY to Response to Motion re #5 Plaintiff's MOTION for Preliminary Injunction filed by RUSH H. LIMBAUGH III ESTATE. (Lockton, Andrew) |
PAPERLESS ORDER. **TIME CHANGE ONLY** Evidentiary Hearing set for 6/1/2023 10:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg (dt00)
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| Filing 29 RESPONSE in Opposition re #5 Plaintiff's MOTION for Preliminary Injunction filed by Scott Schaefer, Smschaef, LLC, The Rush Legacy, Inc.. Replies due by 5/11/2023. (Attachments: #1 Exhibit Exhibit A)(Bronzi, Luca) |
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Filing 28
ORDER MEMORIALIZING STATUS CONFERENCE. Signed by Judge Robin L. Rosenberg See attached document for full details. (dt00)
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| Set Deadlines/Hearings as to #5 Plaintiff's MOTION for Preliminary Injunction . ( Joint Status Report due by 5/18/2023, Responses due by 5/4/2023, Evidentiary Hearing set for 6/1/2023 01:00 PM in West Palm Beach Division before Judge Robin L. Rosenberg.) PER DE#28 (cds) |
| Filing 30 PAPERLESS Minute Entry for proceedings held before Judge Robin L. Rosenberg: Status Conference held on 5/3/2023. Total time in court: 1 hour(s). Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (mg) |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE re #25 Order to Show Cause by Scott Schaefer, Smschaef, LLC, The Rush Legacy, Inc.. (Bronzi, Luca) |
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Filing 26
PAPERLESS ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Stanley Underwood North, III. Signed by Magistrate Judge Bruce E. Reinhart on 5/2/2023. (hk02)
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Filing 25
ORDER TO SHOW CAUSE Show Cause Response due by 5:00 p.m. 5/2/2023. Signed by Judge Robin L. Rosenberg See attached document for full details. (dt00)
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| Filing 24 ANSWER and Affirmative Defenses to Complaint by Scott Schaefer, Smschaef, LLC, The Rush Legacy, Inc.. (Bronzi, Luca) |
| Filing 23 STATUS REPORT on Service by RUSH H. LIMBAUGH III ESTATE (McHale, Edward) |
| Filing 22 STATUS REPORT Joint Report of the Parties as to Discovery Needed to Inform a Hearing on Plaintiff's Motion for Preliminary Injunction by RUSH H. LIMBAUGH III ESTATE (McHale, Edward) |
| Filing 21 RESPONSE in Opposition re #20 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stanley North. Filing Fee $ 200.00 Receipt # AFLSDC-16582261 filed by RUSH H. LIMBAUGH III ESTATE. Replies due by 5/8/2023. (Attachments: #1 Exhibit A to Opp North M-Appear PHV, #2 Exhibit B to Opp North M-Appear PHV, #3 Exhibit C to Opp North M-Appear PHV, #4 Exhibit D to Opp North M-Appear PHV)(McHale, Edward) |
| Filing 20 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stanley North. Filing Fee $ 200.00 Receipt # AFLSDC-16582261 by Scott Schaefer, Smschaef, LLC, The Rush Legacy, Inc.. Responses due by 5/15/2023 (Attachments: #1 Certification of Stanley North, #2 Text of Proposed Order)(Bronzi, Luca) |
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Filing 19
PAPERLESS ORDER Changing Time of Status Conference on #5 Plaintiffs' Motion for Preliminary Injunction. Status Conference now set for Wednesday, May 3, 2023, at 12:30 p.m. Prior to the status conference, the parties shall meet and confer to discuss what discovery, if any, will be needed to inform a hearing on Plaintiffs' Motion. Two days prior to the Status Conference, the parties shall submit a proposed joint discovery plan to the Court's e-mail address in Word format (rosenberg@flsd.uscourts.gov). The proposed joint discovery plan shall specify all depositions to be taken and include the dates and times for which those depositions have been scheduled. The plan should also reflect a schedule for propounding and responding to any written discovery requests. Status conference will take place in Courtroom 1, West Palm Beach. Status Conference set for 5/3/2023 12:30 PM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg (dt00)
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| Reset Hearing. Status Conference set for 5/3/2023 12:30 PM in West Palm Beach Division before Judge Robin L. Rosenberg. PER DE#19 (cds) |
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Filing 18
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 4/26/2023. See attached document for full details. (cds)
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Filing 17
ORDER SETTING ZOOM DISCOVERY STATUS CONFERENCE, ( Joint Discovery Status Report due by 11/9/2023., Final Discovery Status Conference set for 11/15/2023 02:30 PM before Magistrate Judge Bruce E. Reinhart.) Signed by Magistrate Judge Bruce E. Reinhart on 4/26/2023. See attached document for full details. (cds)
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Filing 16
ORDER Setting Status Conference, Calendar Call, Pretrial Deadlines, and Trial Date, Order of Requirements, ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters, ORDER REFERRING CASE to Mediation. (Fact Discovery due by 12/22/2023., Expert Discovery due by 12/22/2023., Dispositive Motions due by 1/22/2024., Jury Trial set for 4/22/2024 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 4/17/2024 10:30 AM before Judge Robin L. Rosenberg., Status Conference set for 3/6/2024 10:00 AM before Judge Robin L. Rosenberg.). Signed by Judge Robin L. Rosenberg on 4/24/2023. See attached document for full details. (ls) #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 Joint SCHEDULING REPORT - Rule 16.1 by RUSH H. LIMBAUGH III ESTATE (McHale, Edward) |
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Filing 14
AMENDED PAPERLESS ORDER Setting Status Conference on #5 Plaintiffs' Motion for Preliminary Injunction for Wednesday, May 3, 2023, at 1:00 p.m. Prior to the status conference, the parties shall meet and confer to discuss what discovery, if any, will be needed to inform a hearing on #5 Plaintiffs' Motion. Two days prior to the Status Conference, the parties shall submit a proposed joint discovery plan to the Court's e-mail address in Word format (rosenberg@flsd.uscourts.gov). The proposed joint discovery plan shall specify all depositions to be taken and include the dates and times for which those depositions have been scheduled. The plan should also reflect a schedule for propounding and responding to any written discovery requests. Status conference will take place in Courtroom 1, West Palm Beach. Status Conference set for 5/3/2023 01:00 PM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg (dt00)
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Filing 13
PAPERLESS ORDER Setting Status Conference on #5 Plaintiffs' Motion for Preliminary Injunction for Wednesday, May 5, 2023, at 1:00 p.m. Prior to the status conference, the parties shall meet and confer to discuss what discovery, if any, will be needed to inform a hearing on #5 Plaintiffs' Motion. Two days prior to the Status Conference, the parties shall submit a proposed joint discovery plan to the Court's e-mail address in Word format (rosenberg@flsd.uscourts.gov). The proposed joint discovery plan shall specify all depositions to be taken and include the dates and times for which those depositions have been scheduled. The plan should also reflect a schedule for propounding and responding to any written discovery requests. Status conference will take place in Courtroom 1. Status Conference set for 5/5/2023 01:00 PM in West Palm Beach Division before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg (dt00)
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Filing 12
PAPERLESS ORDER granting #11 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Response to #1 Complaint and Response to #5 Motion for Preliminary Injunction. Scott Schaefer. Response/Answer due 5/1/2023; Smschaef, LLC. Response/Answer due 5/1/2023; The Rush Legacy, Inc. Response/Answer due 5/1/2023. Signed by Judge Robin L. Rosenberg (dt00)
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| Filing 11 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, #5 Plaintiff's MOTION for Preliminary Injunction by Scott Schaefer, Smschaef, LLC, The Rush Legacy, Inc.. Attorney Luca Roberto Bronzi added to party Scott Schaefer(pty:dft), Attorney Luca Roberto Bronzi added to party Smschaef, LLC(pty:dft), Attorney Luca Roberto Bronzi added to party The Rush Legacy, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Bronzi, Luca) |
| Filing 10 STATUS REPORT on Service by RUSH H. LIMBAUGH III ESTATE (McHale, Edward) |
| 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 RUSH H. LIMBAUGH III ESTATE. Scott Schaefer served on 3/20/2023, response/answer due 4/10/2023. (McHale, Edward) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by RUSH H. LIMBAUGH III ESTATE. Smschaef, LLC served on 3/20/2023, response/answer due 4/10/2023. (McHale, Edward) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by RUSH H. LIMBAUGH III ESTATE. The Rush Legacy, Inc. served on 3/20/2023, response/answer due 4/10/2023. (McHale, Edward) |
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Filing 6
ORDER OF COURT-MANDATED REQUIREMENTS ON SERVICE, DEFAULTS, AND JOINT SCHEDULING REPORTS. Signed by Judge Robin L. Rosenberg on 3/17/2023. See attached document for full details. (cds)
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| Filing 5 Plaintiff's MOTION for Preliminary Injunction by RUSH H. LIMBAUGH III ESTATE. (Attachments: #1 Exhibit A - Declaration of David Bowers, #2 Exhibit B - Declaration of Kathryn Adams Limbaugh, #3 Exhibit B1 - Exhibit 1 to Limbaugh Declaration, #4 Exhibit B2 - Exhibit 2 to Limbaugh Declaration, #5 Exhibit B3 - Exhibit 3 to Limbaugh Declaration, #6 Exhibit B4 - Exhibit 4 to Limbaugh Declaration, #7 Exhibit B5 - Exhibit 5 to Limbaugh Declaration, #8 Exhibit C - Declaration of Carl Spagnuolo, #9 Exhibit C1 - Exhibit 1 to Spagnuolo Declaration, #10 Exhibit C2 - Exhibit 2 to Spagnuolo Declaration, #11 Exhibit C3 - Exhibit 3 to Spagnuolo Declaration)(McHale, Edward) |
| Filing 4 Summons Issued as to Scott Schaefer, Smschaef, LLC, The Rush Legacy, Inc. (nwn) |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (nwn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16436184, filed by Rush H Limbaugh III Estate, David Bowers, Personal Representative. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet, #13 Summon(s) The Rush Legacy, Inc., #14 Summon(s) Smschaef, LLC, #15 Summon(s) Scott Schaefer)(McHale, Edward) |
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