Boyland Auto Orlando LLC v. Santiago et al
Plaintiff: Boyland Auto Orlando LLC doing business as Mercedes Benz of South Orlando
Defendant: Ruben Santiago and Asbury Automotive Group, Inc. doing business as Nalley Lexus Roswell
Case Number: 1:2021cv02764
Filed: July 9, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: Eleanor L Ross
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 27, 2021 Filing 19 REPLY BRIEF re #2 MOTION for Preliminary Injunction Plaintiff's Reply Brief in Support of Its Motion for Preliminary Injunction filed by Boyland Auto Orlando LLC. (Attachments: #1 Exhibit Exhibit 1)(Stivarius, John)
August 19, 2021 Opinion or Order Filing 18 SCHEDULING ORDER FOR PRELIMINARY INJUNCTION HEARING: IT IS HEREBY ORDERED that hearing on the Motion for Preliminary Injunction shall be conducted as follows: Each Party shall have up to thirty (30) minutes to present their arguments (only counsel may present argument). Plaintiffs shall have an additional five (5) minutes for rebuttal argument. Only oral argument of counsel will be heard at this hearing. Signed by Judge Eleanor L. Ross on 8/19/2021. (jpk)
August 17, 2021 Opinion or Order Filing 17 ORDER: The Court RESCHEDULES the hearing on Plaintiff's #2 motion from Thursday, September 23, 2021, to Monday, October 18, 2021, at 9:30 a.m., in Courtroom 1708, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, GA, 30303. The Court DIRECTS Plaintiff to adhere to the amended briefing schedule set forth by the Court's #10 July 14, 2021 Order. Specifically, Plaintiff shall have until Friday, August 20, 2021, at 5:00 p.m., to file any reply brief. The Court DIRECTS the Parties to jointly submit-no later than Friday, September 17, 2021, at 5:00 p.m.-a proposed schedule for the hearing setting forth how much time is requested by each Party for oral argument. The Parties shall have until 5:00 p.m. on Friday, October 8, 2021, to submit any exhibits they intend to discuss in detail at the hearing. Signed by Judge Eleanor L. Ross on 8/17/2021. (jpk)
August 17, 2021 Filing 16 Joint MOTION re #10 Order by Boyland Auto Orlando LLC. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order for Preliminary Injunction Hearing)(Stivarius, John) Modified on 8/17/2021 to edit text (jpk).
August 13, 2021 Filing 15 RESPONSE re #2 MOTION for Preliminary Injunction filed by Asbury Automotive Group, Inc., Ruben Santiago. (Attachments: #1 Exhibit A - Declaration of Ruben Santiago, #2 Exhibit B - Declaration of Roxanne Luhr)(Rumfelt, Eileen Elizabeth)
August 13, 2021 Filing 14 Defendant Asbury Automotive Group, Inc.'s Verified ANSWER to #1 COMPLAINT with Jury Demand by Asbury Automotive Group, Inc..(Rumfelt, Eileen Elizabeth) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 13, 2021 Filing 13 Defendant Ruben Santiago's Verified ANSWER to #1 COMPLAINT with Jury Demand by Ruben Santiago. Discovery ends on 1/10/2022.(Rumfelt, Eileen Elizabeth) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 30, 2021 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time. The Court GRANTS the Joint Motion for Extension of Time for Defendants to (a) answer, move to dismiss, or otherwise respond to the Complaint and (b) respond to the Motion for Preliminary Injunction to August 13, 2021. The Court further GRANTS the Joint Motion for Plaintiff Boyland Auto Orlando, LLC d/b/a Mercedes Benz of South Orlando to file its reply in support of its Motion for Preliminary Injunction to August 27, 2021. Signed by Judge Eleanor L. Ross on 7/30/2021. (jpk)
July 29, 2021 Filing 11 Joint MOTION for Extension of Time for Certain Deadlines re: #2 MOTION for Preliminary Injunction, #1 Complaint,, by Asbury Automotive Group, Inc., Ruben Santiago. (Attachments: #1 Text of Proposed Order)(Rumfelt, Eileen Elizabeth)
July 14, 2021 Opinion or Order Filing 10 ORDER granting #8 Motion for Extension of Time. The Court hereby RESCHEDULES the hearing on Plaintiff's Motion for Preliminary Injunction from Tuesday, August 3, 2021, at 1:30 p.m., to Thursday, September 23, 2021, at 9:30 a.m., in Courtroom 1708, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, GA, 30303. The Court DIRECTS the Parties to adhere to the following amended briefing schedule on Plaintiff's motion: if Defendants intend to file a response to Plaintiff's motion, Defendants must do so by Friday, August 6, 2021, at 5:00 p.m. Plaintiff will then have until Friday, August 20, 2021, at 5:00 p.m., to file any reply. All filings must conform to the Local Rules of this Court. Finally, the Court DIRECTS the Parties to jointly submit-no later than Friday, August 20, 2021, at 5:00 p.m.-a proposed schedule for the hearing setting forth how much time is requested by each Party for oral argument. Signed by Judge Eleanor L. Ross on 7/14/2021. (jpk)
July 13, 2021 Filing 9 CERTIFICATE OF SERVICE re #6 Order Setting Hearing on Motion,,,, Plaintiff's Certificate of Service of Process Upon Defendants Ruben Santiago and Asbury Automotive Group, LLC by Boyland Auto Orlando LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Stivarius, John)
July 13, 2021 Filing 8 MOTION for Extension of Time to Reschedule Preliminary Injunction Hearing re: #6 Order Setting Hearing on Motion,,,, by Boyland Auto Orlando LLC. (Stivarius, John)
July 13, 2021 Filing 7 AO Form 121 forwarded to Registrar. (jpk)
July 12, 2021 Opinion or Order Filing 6 ORDER Setting Hearing on Motion #2 MOTION for Preliminary Injunction : Motion Hearing set for 8/3/2021 at 01:30 PM in ATLA Courtroom 1708 before Judge Eleanor L. Ross. The Court DIRECTS the Parties to adhere to the following expedited briefing schedule on Plaintiff's motion: if Defendants intend to file a response to Plaintiffs motion, Defendants must do so by Tuesday, July 20, 2021, at 5:00 p.m. Plaintiff will then have until Monday, July 26, 2021, at 12:00 p.m., to file any reply. The Court DIRECTS Plaintiff's counsel to immediately serve a copy of (1) the Complaint, (2) Plaintiff's Motion for Preliminary Injunction, and (3) this order on Defendants, and to file a certificate of service on the docket showing that service has been made. The Court DIRECTS the Parties to jointly submit no later than Monday, July 26, 2021, at 12:00 p.m.a proposed schedule for the hearing setting forth how much time is requested by each Party for oral argument. The Court will only hear oral argument from counsel at the hearing. See document for further specifics and instructions. Signed by Judge Eleanor L. Ross on 7/12/2021. (tmf)
July 12, 2021 Filing 5 PROPOSED AO 121 . (Stivarius, John)
July 12, 2021 Filing 4 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb)
July 12, 2021 Notice of deficiency re AO Form 121. Plaintiff must complete and file AO Form 121. See LR 3.4. Docket the form using the event AO 121, located in the Other Filings/Other Documents menu. (rvb)
July 9, 2021 Filing 3 Electronic Summons Issued as to Asbury Automotive Group, Inc., Ruben Santiago. (Attachments: #1 Summons Santiago)(rvb)
July 9, 2021 Filing 2 MOTION for Preliminary Injunction with Brief In Support by Boyland Auto Orlando LLC. (rvb)
July 9, 2021 Filing 1 COMPLAINT with Jury Demand filed by Boyland Auto Orlando LLC. (Filing fee $402, receipt number AGANDC-11095605) (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 Civil Cover Sheet)(rvb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.
July 9, 2021 Submission of #2 MOTION for Preliminary Injunction, to District Judge Eleanor L. Ross. (rvb)

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Plaintiff: Boyland Auto Orlando LLC doing business as Mercedes Benz of South Orlando
Represented By: Brent David Wasser
Represented By: John C. Stivarius, Jr.
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Defendant: Ruben Santiago
Represented By: Neil Louis Wilcove
Represented By: Eileen Elizabeth Hintz Rumfelt
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Defendant: Asbury Automotive Group, Inc. doing business as Nalley Lexus Roswell
Represented By: Neil Louis Wilcove
Represented By: Eileen Elizabeth Hintz Rumfelt
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