Lassen et al v. NFL Properties LLC et al
| Katherine Lassen and James Maitland |
| NFL Properties LLC, National Football League, NATIONAL FOOTBALL LEAGUE ALUMNI, INC., HAGGAR CLOTHING CO. and National Football Museum Inc. doing business as Pro Football Hall of Fame |
| 9:2025cv80981 |
| August 6, 2025 |
| U.S. District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Trademark |
| 15 U.S.C. § 44 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 73 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Order Closing Case) (nan) (Main Document 73 replaced on 1/30/2026) (nan). |
Filing 72
ORDER CLOSING CASE. Order Granting Motions to Dismiss, entered January 23, 2025. (DE #71 ). The Clerk of Court shall CLOSE THIS CASE. All pending motions are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 1/29/2026. See attached document for full details. (nan)
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Filing 71
ORDER ON MOTIONS TO DISMISS. ORDER granting #37 Motion to Dismiss for Failure to State a Claim; granting #38 Motion to Dismiss for Failure to State a Claim; granting #39 Motion to Dismiss for Failure to State a Claim; granting #42 Motion to Dismiss for Failure to State a Claim. Plaintiff's Amended Complaint, (DE#8 ) is Dismissed with Prejudice. Signed by Judge Donald M. Middlebrooks on 1/27/2026. See attached document for full details. (nan).
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| Filing 70 CLERK'S NOTICE - Attorney Admissions has accepted the address and email information change requests as submitted through attorneys PACER account for attorney Alec Huff Schultz (pt) |
| Filing 69 NOTICE of Change of Email; Change of Law Firm Name; by Alec Huff Schultz (Schultz, Alec) |
| Filing 68 REPLY in Support of Motion re #39 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . filed by HAGGAR CLOTHING CO.. (Rashkind, Noah) |
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Filing 67
ORDER denying #41 Defendants' Joint Motion to Stay Discovery. Signed by Judge Donald M. Middlebrooks on 11/20/2025. See attached document for full details. (nan)
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| Filing 66 Defendant's REPLY in Support of Motion re #42 MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM . filed by National Football Museum Inc.. (Keller, William) |
| Filing 65 REPLY in Support of Motion re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by NATIONAL FOOTBALL LEAGUE ALUMNI, INC.. (Hyman, Zachary) |
| Filing 64 Joint REPLY in Support of Motion re #41 Joint MOTION to Stay Discovery. filed by NFL Properties LLC, National Football League. (Schultz, Alec) |
| Filing 63 RESPONSE in Opposition re #39 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Katherine Lassen, James Maitland. Replies due by 11/21/2025. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chusid, Jordan) |
| Filing 62 Defendant's REPLY in Support of Motion re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by NFL Properties LLC, National Football League. (Schultz, Alec) |
| Filing 61 RESPONSE in Opposition re #42 MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Katherine Lassen, James Maitland. Replies due by 11/20/2025. (Chusid, Jordan) |
| Filing 60 RESPONSE in Opposition re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Katherine Lassen, James Maitland. Replies due by 11/19/2025. (Chusid, Jordan) |
| Filing 59 Joint SCHEDULING REPORT - Rule 26(f) by Katherine Lassen, James Maitland (Chusid, Jordan) |
| Filing 58 RESPONSE in Opposition re #41 Joint MOTION to Stay Discovery filed by Katherine Lassen, James Maitland. Replies due by 11/17/2025. (Chusid, Jordan) |
| Filing 57 RESPONSE in Opposition re #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Katherine Lassen, James Maitland. Replies due by 11/13/2025. (Chusid, Jordan) |
| Filing 56 Corporate Disclosure Statement by National Football Museum Inc. identifying Corporate Parent National Football Museum Inc. for National Football Museum Inc. (Keller, William) |
| Filing 55 Defendant's Corporate Disclosure Statement by NFL Properties LLC, National Football League (Schultz, Alec) |
| Filing 54 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 1/8/2026., Discovery due by 4/30/2026., Joinder of Parties due by 1/8/2026., In Limine Motions due by 5/14/2026., Dispositive Motions due by 5/14/2026., Motions due by 5/14/2026., Pretrial Stipulation due by 6/15/2026., Jury Trial set for 7/13/2026 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/8/2026 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.). Signed by Ch. Magistrate Judge William Matthewman on 10/28/2025. See attached document for full details. (drz) #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. |
| Filing 53 PAPERLESS Minute Order for proceedings held before Ch. Magistrate Judge William Matthewman: Scheduling Conference held on 10/28/2025; The hearing was held via Zoom Video Teleconference. The Court discussed whether parties would be added, there are motions pending, 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, the local rules, discovery, and good faith conferral. The Court Granted #51 Motion to Continue; (Calendar Call reset for 7/8/2026 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial reset for 7/13/2026 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.). Written scheduling order and order of referral to mediation will be issued. Total time in court: 33 minutes. Attorney Appearance(s): Mitchel Chusid, Julie Beth Albert,Zachary Paul Hyman, Christian Jensen, Jon B. Hyland, Mary Ann Novak, Alec Huff Schultz, William Robert Keller, Mark A. DelRosario, Leslie Lott. (Digital 12:00:58) (swr) |
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Filing 52
PAPERLESS ORDER GRANTING #47 and #48 . Plaintiff seeks a three-week extension to respond to four Motions to Dismiss and a Motion to Stay Discovery because Plaintiff's counsel is starting a trial on October 27, 2025. The relief is partially opposed. Defendant agrees to a two-week extension. Motions for extension of time must be supported by good cause. I find this standard to be met here, and will grant the motion over Defendant's objection. Accordingly, Plaintiff shall respond to #37 , #38 , #39 , #41 and #42 no later than November 17, 2025. Signed by Judge Donald M. Middlebrooks on 10/27/2025. (kid)
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| Filing 51 MOTION to Continue Trial re #33 Order Referring Case to Magistrate Judge,,,,, Scheduling Order,,,, by NATIONAL FOOTBALL LEAGUE ALUMNI, INC.. Responses due by 11/7/2025. (Attachments: #1 Exhibit 1 - Declaration of Christian Jensen)(Hyman, Zachary) |
| Filing 50 SUPPLEMENT to 49 Order,, Conferral Compliance with Local Rule 7.1(a)(3) by Katherine Lassen, James Maitland (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Chusid, Jordan) |
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Filing 49
PAPERLESS ORDER REQUIRING SUPPLEMENTAL CONFERRAL CERTIFICATE. Plaintiffs' recently-filed Motions for Extension of Time (DE #47 and DE #48 ) lack a proper conferral certificate as required by Local Rule 7.1(a)(3). Plaintiff states that one email was sent to opposing counsel the day prior to the filing of the motions, and that the email was not responded to by opposing counsel. This is not good faith conferral. Rather than strike the motions at this time, I will require counsel to supplement the record with an amended Rule 7.1(a)(2) conferral certificate by October 24, 2025. Signed by Judge Donald M. Middlebrooks on 10/23/2025. (kid)
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| Filing 48 Plaintiff's MOTION for Extension of Time to Respond to Defendants' Motion to Stay re #41 Joint MOTION to Stay Discovery by Katherine Lassen, James Maitland. Responses due by 11/4/2025. (Attachments: #1 Text of Proposed Order)(Chusid, Jordan) |
| Filing 47 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #39 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM , #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #42 MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Katherine Lassen, James Maitland. (Chusid, Jordan) |
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Filing 46
PAPERLESS ORDER granting #44 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Mary Ann Novak ; granting #45 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jon Hyland. Signed by Judge Donald M. Middlebrooks on 10/20/2025. (ml00)
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| Filing 45 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jon Hyland. Filing Fee $ 250.00 Receipt # AFLSDC-18882434 by NFL Properties LLC, National Football League. Responses due by 10/31/2025. (Attachments: #1 Certification, #2 Text of Proposed Order)(Schultz, Alec) |
| Filing 44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mary Ann Novak. Filing Fee $ 250.00 Receipt # AFLSDC-18882426 by NFL Properties LLC, National Football League. Responses due by 10/31/2025. (Attachments: #1 Certification, #2 Text of Proposed Order)(Schultz, Alec) |
| Filing 43 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 10/28/2025 at 12:00 PM in the West Palm Beach Division before Chief 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 Ch. Magistrate Judge William Matthewman on 10/16/2025. (nrs) |
| Filing 42 MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by National Football Museum Inc.. Responses due by 10/28/2025. (Keller, William) |
| Filing 41 Joint MOTION to Stay Discovery by NFL Properties LLC, National Football League. Responses due by 10/28/2025. (Schultz, Alec) |
| Filing 40 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by HAGGAR CLOTHING CO. identifying Corporate Parent Haggar Corp. for HAGGAR CLOTHING CO. (Rashkind, Noah) |
| Filing 39 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by HAGGAR CLOTHING CO.. Responses due by 10/28/2025. (Rashkind, Noah) |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NATIONAL FOOTBALL LEAGUE ALUMNI, INC.. Responses due by 10/28/2025. (Hyman, Zachary) |
| Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NFL Properties LLC, National Football League. Responses due by 10/28/2025. (Schultz, Alec) |
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Filing 36
PAPERLESS ORDER granting #35 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Zachary Paul Hyman. Signed by Judge Donald M. Middlebrooks on 10/14/2025. (ml00)
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| Filing 35 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christian Jensen. Filing Fee $ 250.00 Receipt # AFLSDC-18867029 by NATIONAL FOOTBALL LEAGUE ALUMNI, INC.. Responses due by 10/27/2025. (Hyman, Zachary) |
| Filing 34 NOTICE of Attorney Appearance by Zachary Paul Hyman on behalf of NATIONAL FOOTBALL LEAGUE ALUMNI, INC.. Attorney Zachary Paul Hyman added to party NATIONAL FOOTBALL LEAGUE ALUMNI, INC.(pty:dft). (Hyman, Zachary) |
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Filing 33
ORDER REFERRING CASE AND SETTING TRIAL DATE: ORDER REFERRING CASE to Ch. Magistrate Judge William Matthewman to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case., SCHEDULING ORDER: ( Jury Trial set for 6/15/2026 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/10/2026 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/8/2025. 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 32
PAPERLESS ORDER granting #31 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Mark M. DelRosario. Signed by Judge Donald M. Middlebrooks on 9/28/2025. (ml00)
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| Filing 31 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark M. DelRosario. Filing Fee $ 250.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #22 Motion to Appear Pro Hac Vice, by National Football Museum Inc.. Responses due by 10/9/2025. (Keller, William) |
| Filing 30 NOTICE of Striking #22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark M. DelRosario. Filing Fee $ 250.00 Receipt # AFLSDC-18812401 filed by National Football Museum Inc. by National Football Museum Inc. (Keller, William) |
| Filing 29 CLERK'S NOTICE - Attorney Admissions has accepted the email information change request as submitted through attorneys PACER account for attorney William Robert Keller re #25 Notice of Change of Address, Email or Law Firm Name (pt) |
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Filing 28
PAPERLESS ORDER denying without prejudice #22 Motion for Pro Hac Vice for failing to provide local counsel's signature and local counsel's consent to the requirements of Local Rule 4(b)(3), and the failure of the name on signature to match the name on the roll of attorneys of the Bar of the Southern District of Florida. Signed by Judge Donald M. Middlebrooks on 9/25/2025. (kid)
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| Filing 27 CLERK'S NOTICE - Attorney Admissions has accepted the address information change request as submitted through attorneys PACER account for attorney William Robert Keller re #25 Notice of Change of Address, Email or Law Firm Name (pt) |
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Filing 26
PAPERLESS ORDER granting (DE #19 ) Motion for Extension of Time. Defendants seek an extension of the response date to the First Amended Complaint. Because they were served at different times, they wish to coordinate their response deadlines. The latest response date is September 29, 2025 and they seek a response date of October 14, 2025. I find good cause to grant the requested relief in the interest of judicial efficiency, and because the extension sought is relatively brief and unopposed. Accordingly, Defendants shall respond to the First Amended Complaint no later than October 14, 2025. Signed by Judge Donald M. Middlebrooks on 9/24/2025. (kid)
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| Filing 25 NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by William Robert Keller (Keller, William) |
| Filing 24 Clerk's Notice to Filer Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login [William Keller] does not match the name of attorney on the signature block of the document W. Robert Keller]. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. re #22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark M. DelRosario. Filing Fee $ 250.00 Receipt # AFLSDC-18812401. (pt) |
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Filing 23
PAPERLESS ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Julie Beth Albert. Signed by Judge Donald M. Middlebrooks on 9/24/2025. (kid)
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| Filing 22 STRICKEN MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark M. DelRosario. Filing Fee $ 250.00 Receipt # AFLSDC-18812401 by National Football Museum Inc.. Responses due by 10/7/2025. (Keller, William) Modified text Per DE#30 on 9/26/2025 (nan). |
| Filing 21 NOTICE of Attorney Appearance by William Robert Keller on behalf of National Football Museum Inc.. Attorney William Robert Keller added to party National Football Museum Inc. (pty:dft). (Keller, William) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Julie Beth Albert. Filing Fee $ 250.00 Receipt # AFLSDC-18808874 by HAGGAR CLOTHING CO.. Attorney Noah Hamilton Rashkind added to party HAGGAR CLOTHING CO. (pty:dft). Responses due by 10/6/2025. (Rashkind, Noah) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's First Amended Complaint by NFL Properties LLC, National Football League. Attorney Alec Huff Schultz added to party NFL Properties LLC(pty:dft), Attorney Alec Huff Schultz added to party National Football League(pty:dft). (Schultz, Alec) |
| Filing 18 Summons Issued as to NFL Properties LLC. (nan) |
| Filing 17 Summons Issued as to NATIONAL FOOTBALL LEAGUE ALUMNI, INC.. (nan) |
| Filing 16 Summons Issued as to National Football Museum Inc.. (nan) |
| Filing 15 Summons Issued as to National Football League. (nan) |
| Filing 14 Summons Issued as to HAGGAR CLOTHING CO.. (nan) |
| Filing 13 NOTICE of Filing Proposed Summons(es) NFL Properties by Katherine Lassen, James Maitland re #8 Amended Complaint/Amended Notice of Removal filed by James Maitland, Katherine Lassen (Chusid, Mitchel) |
| Filing 12 NOTICE of Filing Proposed Summons(es) National Football League Alumni by Katherine Lassen, James Maitland re #8 Amended Complaint/Amended Notice of Removal filed by James Maitland, Katherine Lassen (Chusid, Mitchel) |
| Filing 11 NOTICE of Filing Proposed Summons(es) Pro Football Hall of Fame by Katherine Lassen, James Maitland re #8 Amended Complaint/Amended Notice of Removal filed by James Maitland, Katherine Lassen (Chusid, Mitchel) |
| Filing 10 NOTICE of Filing Proposed Summons(es) National Football League by Katherine Lassen, James Maitland re #8 Amended Complaint/Amended Notice of Removal filed by James Maitland, Katherine Lassen (Chusid, Mitchel) |
| Filing 9 NOTICE of Filing Proposed Summons(es) Haggar by Katherine Lassen, James Maitland re #8 Amended Complaint/Amended Notice of Removal filed by James Maitland, Katherine Lassen (Chusid, Mitchel) |
| Filing 8 Plaintiff's AMENDED COMPLAINT against All Defendants, filed by Katherine Lassen, James Maitland. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Chusid, Mitchel) |
| Filing 7 CLERK'S NOTICE - Attorney Admissions has accepted the email information change request as submitted through attorneys PACER account for attorney Mitchel Chusid (pt) |
| Filing 6 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Mitchel Chusid re #5 Notice of Change of Address, Email or Law Firm Name. Attorney Mitchel Chusid has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 5 NOTICE of Change of Email; by Mitchel Chusid (Chusid, Mitchel) |
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Filing 4
ORDER SUA SPONTE DISMISSING COMPLAINT WITHOUT PREJUDICE.Plaintiffs' Complaint (DE #1 ) is DISMISSED WITHOUT PREJUDICE. On or by August 25, 2025, Plaintiffs may, if they so choose, file an Amended Complaint.(Amended Complaint due by 8/25/2025.) Signed by Judge Donald M. Middlebrooks on 8/11/2025. See attached document for full details. (nan)
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| Filing 3 Summons Issued as to HAGGAR CLOTHING CO., NATIONAL FOOTBALL LEAGUE ALUMNI, INC., NFL Properties LLC, National Football League, National Football Museum Inc.. (nan) |
| 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. (nan) |
| Filing 1 COMPLAINT Verified against All Plaintiffs. Filing fees $ 405.00 receipt number AFLSDC-18681868, filed by Katherine Lassen, James Maitland. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Haggar, #3 Summon(s) Alumni, #4 Summon(s) League, #5 Summon(s) Properties, #6 Summon(s) Pro Football)(Chusid, Mitchel) |
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