Oceana Seafood Products, LLC v. Louisiana Newpack Shrimp Company et al
| Oceana Seafood Products, LLC |
| Edward T.F. Lee, Gulf Marine Product, Co. Inc., A La Carte Specialty Foods, LLC, Louisiana Newpack Shrimp Company, Louisiana Newpack Shrimp Company, Inc and Gulf Marine Products Co., Inc. |
| 2:2021cv00003 |
| January 4, 2021 |
| US District Court for the Eastern District of Louisiana |
| Dana Douglas |
| Susie Morgan |
| Karen Wells Roby |
| Wendy B Vitter |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 49 Reply Memorandum filed by A La Carte Specialty Foods, LLC, Gulf Marine Products Co., Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company, Inc, in Support of #37 MOTION to Dismiss for Failure to State a Claim MOTION for Attorney Fees . (Attachments: #1 Exhibit 2, #2 Exhibit 3)(mmv) |
Filing 48
TEXT ORDER (No PDF Document Attached) GRANTING #46 Motion for Leave to File Reply. The Clerk's Office is directed to file the Reply brief (R. Doc. 46-1), and the Exhibits thereto (R. Docs. 46-2 & 46-3) into the record in this matter. Signed by Judge Wendy B Vitter on 2/8/21. (fmm)
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| Filing 47 Correction of Docket Entry by Clerk re #46 MOTION for Leave to File REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS RENEWED MOTION TO DISMISS AND REQUEST FOR ATTORNEY FEES. **Filing attorney did not select category 'Proposed Pleading' when attaching document for which leave to file is being requested. Clerk took corrective action. No further action necessary.** (jeg) |
| Filing 46 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of MOTION to Dismiss (rec doc 37) by A La Carte Specialty Foods, LLC, Gulf Marine Products Co., Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company, Inc. (Attachments: #1 Proposed Pleading, #2 Proposed Pleading- Exhibit 2, #3 Proposed Pleading- Exhibit 3, #4 Proposed Order)(Fincher, Micah) Modified text/attachment descriptions on 2/5/2021 (jeg). |
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Filing 45
ORDER: IT IS HEREBY ORDERED that the #44 Motion to Appear Pro Hac Vice as to Frank Wolland is GRANTED. Frank Wolland (Fla. Bar No. 247537), of the Keystone Law Firm PA, is permitted to appear as a visiting attorney for and on behalf of plaintiff, Oceana Seafood Products, LLC. Signed by Judge Wendy B Vitter on 2/3/2021. (Attachments: #1 PHV Notice) (jeg)
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| Filing 44 EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Frank Wolland (Fee previously paid) by Oceana Seafood Products, LLC. (Attachments: #1 Proposed Order, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Affidavit of Frank Wolland, #4 Exhibit C - EDLA E-File Privileges)(Butler, Louis) Modified text on 2/3/2021 (jeg). |
| Filing 43 **DEFICIENT** EXPARTE/CONSENT First MOTION to Appear Pro Hac Vice (Filing fee $ 100 receipt number ALAEDC-8715173) by Oceana Seafood Products, LLC. (Attachments: #1 Proposed Order, #2 Exhibit A - Certificate of Good Standing, #3 Exhibit B - Affidavit of Frank Wolland, #4 Exhibit C - EDLA E-File Privileges)(Butler, Louis) Modified on 2/2/2021 (jeg). |
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Filing 42
ORDER: IT IS HEREBY ORDERED that the #39 Motion is GRANTED. Louis M. Bulter (La. Bar No. 22981), of the law firm Rogers Law Firm, LLC, shall be enrolled as counsel of record for plaintiff, Oceana Seafood Products, LLC. Signed by Judge Wendy B Vitter on 2/1/2021. (mmv)
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| Filing 41 RESPONSE/MEMORANDUM in Opposition filed by Oceana Seafood Products, LLC re #37 MOTION to Dismiss for Failure to State a Claim MOTION for Attorney Fees . (Attachments: #1 Exhibit A - Declaration of Ana Maria Gomez Sampdro, #2 Exhibit A - Exhibit to Declaration 2017.10.02 email)(Butler, Louis) |
| Filing 39 EXPARTE/CONSENT First MOTION to Enroll as Counsel of Record by Oceana Seafood Products, LLC. (Attachments: #1 Proposed Order for Motion to Enroll Additional Counsel of Record).(Butler, Louis) Modified text on 1/22/2021 (jeg). |
| Filing 38 **DEFICIENT** NOTICE of Appearance by Louis Marrero Butler on behalf of Oceana Seafood Products, LLC. Attorney Louis Marrero Butler added to party Oceana Seafood Products, LLC(pty:pla).(Butler, Louis) Modified on 1/20/2021 (jeg). |
| Filing 37 MOTION to Dismiss for Failure to State a Claim , MOTION for Attorney Fees by A La Carte Specialty Foods, LLC, Gulf Marine Products Co., Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company, Inc. Motion(s) will be submitted on 2/9/2021. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Notice of Submission)Attorney Micah John Fincher added to party A La Carte Specialty Foods, LLC(pty:dft), Attorney Micah John Fincher added to party Gulf Marine Products Co., Inc.(pty:dft), Attorney Micah John Fincher added to party Edward T.F. Lee(pty:dft), Attorney Micah John Fincher added to party Louisiana Newpack Shrimp Company, Inc(pty:dft).(Fincher, Micah) Modified text on 1/15/2021 (pp). |
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Filing 36
ORDER TRANSFERRING CASE. Case transferred to Judge Wendy B Vitter and Magistrate Judge Karen Wells Roby. Judge Susie Morgan, Magistrate Judge Dana Douglas no longer assigned to case. Signed by Judge Susie Morgan on 1/5/2021. (NEF: D(4))(sbs)
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| Filing 35 NOTICE of Collateral Proceeding by Edward T.F. Lee, Louisiana Newpack Shrimp Company, Inc., A La Caret Specialty Foods, LLC, Gulf Marine Products Co., Inc. (Attachments: #1 Exhibit A)(Mastio, Lauren) Modified text, added filers on 1/5/2021 (sbs). |
| Filing 34 AO 120 Report Regarding Patent & Trademark (sa) |
| Filing 33 Case transferred in from District of Florida Southern; Case Number 1:20-cv-20532. Electronic file certified copy of transfer order and docket sheet received (sa) |
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Filing 32
ORDER Transferring Case To The Eastern District Of Louisiana. Order granting in part Motion to Dismiss, Transfer, or Stay. The Clerk is DIRECTED to TRANSFER this action to the United States District Court for the Eastern District of Louisiana. The Clerk shall CLOSE this case in the Southern District of Florida for statistical purposes, and all pending motions are DENIED AS MOOT. Signed by Judge Jose E. Martinez on 12/31/2020. See attached document for full details. (kpe) [Transferred from flsd on 1/4/2021.]
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Filing 31
PAPERLESS ORDER denying #23 Plaintiff's Motion to Strike Defendants' Notice of Supplemental Authority. Though the Court may consider the TTAB decision attached as an Exhibit to Defendants' Notice, it will disregard any argument raised therein. Signed by Judge Jose E. Martinez on 12/31/2020. (kml) [Transferred from flsd on 1/4/2021.]
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| Filing 30 RESPONSE to Motion re #29 First MOTION for Extension of Time to file expert witnesses and reports filed by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. Replies due by 1/6/2021. (Attachments: #1 Exhibit A)(Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
| Filing 29 First MOTION for Extension of Time to file expert witnesses and reports by Oceana Seafood Products, LLC. Responses due by 1/6/2021 (Wolland, Frank) [Transferred from flsd on 1/4/2021.] |
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Filing 28
ORDER Approving #27 Substitution of Counsel. Attorney Jorge Tadeo Espinosa representing Oceana Seafood Products, LLC (Plaintiff); Attorney Robert Ralph Jimenez representing Oceana Seafood Products, LLC (Plaintiff); Attorney Peter Alan Quinter representing Oceana Seafood Products, LLC (Plaintiff); Attorney Francesca Russo-Di Staulo representing Oceana Seafood Products, LLC (Plaintiff) terminated. Signed by Judge Jose E. Martinez on 11/23/2020. See attached document for full details. (kpe) [Transferred from flsd on 1/4/2021.]
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| Filing 27 STIPULATION for Substitution of Counsel by Oceana Seafood Products, LLC (Wolland, Frank) [Transferred from flsd on 1/4/2021.] |
| Filing 26 NOTICE of Attorney Appearance by Frank Wolland on behalf of Oceana Seafood Products, LLC. Attorney Frank Wolland added to party Oceana Seafood Products, LLC(pty:pla). (Wolland, Frank) [Transferred from flsd on 1/4/2021.] |
| Filing 25 REPLY to Response to Motion re #23 Plaintiff's MOTION to Strike #22 Notice of Supplemental Authority, filed by Oceana Seafood Products, LLC. (Jimenez, Robert) [Transferred from flsd on 1/4/2021.] |
| Filing 24 RESPONSE in Opposition re #23 Plaintiff's MOTION to Strike #22 Notice of Supplemental Authority, filed by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. Replies due by 8/4/2020. (Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
| Filing 23 Plaintiff's MOTION to Strike #22 Notice of Supplemental Authority, by Oceana Seafood Products, LLC. Attorney Robert Ralph Jimenez added to party Oceana Seafood Products, LLC(pty:pla). Responses due by 7/30/2020 (Attachments: #1 Exhibit)(Jimenez, Robert) [Transferred from flsd on 1/4/2021.] |
| Filing 22 Notice of Supplemental Authority re #5 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Stay MOTION to Change Venue by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company (Attachments: #1 Exhibit) (Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
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Filing 21
PAPERLESS ORDER striking 20 Defendants' Ex Parte Motion to Supplement their Motion to Dismiss, Transfer, or Stay Under Rule 12(b) and/or 28 U.S.C. 1404(a). The Motion fails to comply with Local Rule 5.4(b)(1), (d)(1) in that it does not set forth any grounds for either filing the motion under seal or ex parte. The Clerk is DIRECTED to unseal 20 Defendants' Ex Parte Motion, which is hereby STRICKEN. Defendants may re-file the document and properly serve it on the opposing party. Signed by Judge Jose E. Martinez on 7/8/2020. (kml) [Transferred from flsd on 1/4/2021.]
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| Filing 19 Joint SCHEDULING REPORT - Rule 16.1 by Oceana Seafood Products, LLC (Attachments: #1 Exhibit A - Election to Jurisdiction)(Espinosa, Jorge) [Transferred from flsd on 1/4/2021.] |
| Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company (Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
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Filing 17
ORDER Setting Civil Trial Date And Pretrial Schedule, Requiring Mediation, And Referring Certain Motions To Magistrate Judge: ( Jury Trial set for 7/19/2021 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 7/15/2021 01:30 PM in Miami Division before Judge Jose E. Martinez.) Signed by Judge Jose E. Martinez on 5/12/2020. See attached document for full details. (kpe) #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. [Transferred from flsd on 1/4/2021.]
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| Filing 16 REPLY to #6 Response in Opposition to Motion, by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. (Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
| Set Deadlines per DE 15 Order as to #5 MOTION TO DISMISS. Replies due by 4/6/2020. (kpe) [Transferred from flsd on 1/4/2021.] |
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Filing 15
PAPERLESS ORDER granting #13 Defendants' Unopposed Motion for Enlargement of Time to File a Reply to Opposition to Motion to Dismiss. Defendants shall file a reply on or before April 6, 2020. Signed by Judge Jose E. Martinez on 4/3/2020. (kml) [Transferred from flsd on 1/4/2021.]
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Filing 14
ORDER granting #8 & #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lauren Courtney Mastio and Attorney Lauren Courtney Mastio. Signed by Judge Jose E. Martinez on 4/2/2020. See attached document for full details. (kpe) [Transferred from flsd on 1/4/2021.]
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Opposition to Motion to Dismiss by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. (Attachments: #1 Text of Proposed Order)(Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
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Filing 12
PAPERLESS ORDER granting #11 Defendants' Unopposed Motion for Enlargement of Time to File a Reply to Opposition to Motion to Dismiss. Defendants shall file a reply on or before April 1, 2020. All other deadlines remain unaffected. Signed by Judge Jose E. Martinez on 3/20/2020. (kml) [Transferred from flsd on 1/4/2021.]
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Opposition to Motion to Dismiss by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. (Attachments: #1 Text of Proposed Order)(Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lauren Courtney Mastio. Filing Fee $ 200.00 Receipt # AFLSDC-12627868 by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. Responses due by 4/2/2020 (Attachments: #1 Text of Proposed Order)(Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
| Filing 9 NOTICE by Oceana Seafood Products, LLC re #1 Complaint, of Filing Proof of Service as to Defendant Edward T.F. Lee (Espinosa, Jorge) [Transferred from flsd on 1/4/2021.] |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Luis Etienne Balart. Filing Fee $ 200.00 Receipt # AFLSDC-12627552 by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. Responses due by 4/2/2020 (Attachments: #1 Text of Proposed Order)(Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
| Filing 7 NOTICE by Oceana Seafood Products, LLC re #6 Response in Opposition to Motion, Correction of Error (Espinosa, Jorge) [Transferred from flsd on 1/4/2021.] |
| Filing 6 RESPONSE in Opposition re #5 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Stay MOTION to Change Venue filed by Oceana Seafood Products, LLC. Replies due by 3/23/2020. (Attachments: #1 Affidavit Declaration of Ana Maria Gomez Sampedro, #2 Exhibit A to declaration, #3 Exhibit B to declaration)(Espinosa, Jorge) [Transferred from flsd on 1/4/2021.] |
| Filing 5 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 3/17/2020), MOTION to Stay ( Responses due by 3/17/2020), MOTION to Change Venue by A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. Attorney Luis Emilio Llamas added to party A La Carte Specialty Foods, LLC(pty:dft), Attorney Luis Emilio Llamas added to party Gulf Marine Product, Co. Inc.(pty:dft), Attorney Luis Emilio Llamas added to party Edward T.F. Lee(pty:dft), Attorney Luis Emilio Llamas added to party Louisiana Newpack Shrimp Company(pty:dft). (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 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Llamas, Luis) [Transferred from flsd on 1/4/2021.] |
| Filing 4 Summons Issued as to A La Carte Specialty Foods, LLC, Gulf Marine Product, Co. Inc., Edward T.F. Lee, Louisiana Newpack Shrimp Company. (kpe) [Transferred from flsd on 1/4/2021.] |
| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (kpe) [Transferred from flsd on 1/4/2021.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (kpe) [Transferred from flsd on 1/4/2021.] |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12405603, filed by Oceana Seafood Products, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) to Louisiana Newpack Shrimp Company, #3 Summon(s) to Edward T.F.Lee, #4 Summon(s) to Gulf Marine Product Co., #5 Summon(s) to A La Carte Specialty Foods, LLC, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E)(Espinosa, Jorge) [Transferred from flsd on 1/4/2021.] |
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