Xiamen Baby Pretty Products Co Ltd v. Talbots Pharmaceuticals Family Products L L C
| Xiamen Baby Pretty Products Co Ltd |
| Talbots Pharmaceuticals Family Products L L C |
| 3:2021cv00409 |
| February 18, 2021 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Karen L Hayes |
| Kayla D McClusky |
| Patent |
| 15 U.S.C. § 1126 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 45 NOTICE of Motion Setting regarding: #29 Motion for Claim Construction. Motions referred to Judge Terry A Doughty. Responses due by 5/4/2021 (crt,Bunting, M) |
| Filing 44 NOTICE of Motion Setting regarding: #17 Motion for Preliminary Injunction. Motions referred to Judge Terry A Doughty. Responses due by 5/4/2021 (crt,Bunting, M) |
| Set/Reset Deadlines as to #17 , #29 . Motion Ripe Deadline set for 4/13/2021. (crt,Bunting, M) |
| Motions Transferred regarding #29 , #17 . Motions referred to Judge Terry A Doughty. (crt,Bunting, M) |
Filing 43
ORDER granting #41 Motion to Appear Pro Hac Vice for appearance of Garrett Barten for Talbots Pharmaceuticals Family Products L L C. Signed by Magistrate Judge Kayla D McClusky on 3/25/2021. (crt,Leday, A)
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Filing 42
ORDER granting #40 Motion to Appear Pro Hac Vice for appearance of Elissa Tisdahl for Talbots Pharmaceuticals Family Products L L C. Signed by Magistrate Judge Kayla D McClusky on 3/25/2021. (crt,Leday, A)
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| Filing 41 MOTION for Garrett Ari Barton to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4617896) by Talbots Pharmaceuticals Family Products L L C. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/24/2021. (Attachments: #1 Certificate of good standing)(aty,Chiaviello, Robert) |
| Filing 40 MOTION for Elissa Ann Tisdahl to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4617875) by Talbots Pharmaceuticals Family Products L L C. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 3/24/2021. (Attachments: #1 Certificate of good standing)(aty,Chiaviello, Robert) |
| Filing 39 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Magistrate Judge Kayla D McClusky. Magistrate Judge Karen L Hayes no longer assigned to case. Any pending motions and deadlines or hearings previously set before Magistrate Judge Hayes are hereby reset before Magistrate Judge McClusky. All future filings should bear the name of the new judge assignment.Approved by Chief Judge S Maurice Hicks, Jr on 2/23/2021. (crt,Crick, S) |
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Filing 38
TRANSFER ORDER regarding admission status of counsel. Signed by Judge Terry A Doughty on 2/19/2021. (crt,Crawford, A)
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| Filing 37 PROPOSED TRANSFER ORDER Referred to Magistrate Judge Karen L Hayes. Motion Ripe Deadline set for 2/18/2021. (crt,Bunting, M) |
| Filing 36 DISTRICT CASE transferred in from District of Florida Southern; Case Number 1:20-cv-25010. Original file copy of transfer order and docket sheet received |
| Judge Terry A Doughty and Magistrate Judge Karen L Hayes added. (crt,Bunting, M) |
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Filing 35
ORDER GRANTING TALBOT'S #23 MOTION TO TRANSFER Closing Case. Signed by Senior Judge Paul C. Huck on 2/17/2021. See attached document for full details. (jbs) [Transferred from Florida Southern on 2/18/2021.]
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| Filing 34 REPLY to Response to Motion re #25 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Talbot's Pharmaceuticals Family Products, LLC. (Barten, Garrett) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 33 REPLY to Response to Motion re #23 MOTION to Change Venue filed by Talbot's Pharmaceuticals Family Products, LLC. (Attachments: #1 Exhibit Potential Witnesss Table)(Barten, Garrett) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 32 RESPONSE in Opposition re #25 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Xiamen Baby Pretty Products Co., Ltd.. Replies due by 2/11/2021. (Attachments: #1 Exhibit 1)(Rapacke, Andrew) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 31 RESPONSE in Opposition re #23 MOTION to Change Venue filed by Xiamen Baby Pretty Products Co., Ltd.. Replies due by 2/5/2021. (Rapacke, Andrew) [Transferred from Florida Southern on 2/18/2021.] |
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Filing 30
ORDER HOLDING THE COURTS RULING ON #29 DEFENDANT'S MOTION FOR CLAIM CONSTRUCTION HEARING IN ABEYANCE. Signed by Senior Judge Paul C. Huck on 1/26/2021. See attached document for full details. (jbs) [Transferred from Florida Southern on 2/18/2021.]
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| Filing 29 Defendant's MOTION for Claim Construction Hearing by Talbot's Pharmaceuticals Family Products, LLC. (Tisdahl, Elissa) Modified event type on 2/11/2021 (dgj). [Transferred from Florida Southern on 2/18/2021.] |
| Filing 28 TRANSCRIPT of Telephonic Conference held on 1/15/2021 before Senior Judge Paul C. Huck, 1-18 pages, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/11/2021. Redacted Transcript Deadline set for 2/22/2021. Release of Transcript Restriction set for 4/21/2021. (ilz) [Transferred from Florida Southern on 2/18/2021.] |
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Filing 27
ORDER staying #25 Motion to Dismiss for Failure to State a Claim. Re: #25 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Talbot's Pharmaceuticals Family Products, LLC. Response due by 2/4/2021 Signed by Senior Judge Paul C. Huck on 1/20/2021. See attached document for full details. (lk) [Transferred from Florida Southern on 2/18/2021.]
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Filing 26
ORDER HOLDING THE COURT'S RULING;Staying #17 Motion for Preliminary Injunction. Signed by Senior Judge Paul C. Huck on 1/19/2021. See attached document for full details. (lk) [Transferred from Florida Southern on 2/18/2021.]
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| Filing 25 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Talbot's Pharmaceuticals Family Products, LLC. Responses due by 2/2/2021 (Attachments: #1 Exhibit Declaration of Abraham J. Hakim)(Barten, Garrett) [Transferred from Florida Southern on 2/18/2021.] |
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Filing 24
PAPERLESS Minute Entry for proceedings held before Senior Judge Paul C. Huck: and MINUTE ORDER. Signed by Senior Judge Paul C. Huck on 1/15/2021, Telephone Conference held on 1/15/2021. Total time in court: 0 hour(s) : 22 minutes. Attorney Appearance(s): Elissa Ann Tisdahl, Robert M. Chiaviello, Jr, Hartwell P. Morse, III, Garrett Ari Barten, Nihat Deniz Bayramoglu, David Silver, Andrew Scott Rapacke. Defendant SHALL file a Motion for Claim Construction Hearing (10-page maximum) on or before Friday, January 22, 2021. Plaintiff SHALL file a Response to the Motion for Claim Construction Hearing on or before Friday, January 29, 2021. Defendant SHALL file a Reply on or before Wednesday, February 3, 2021. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (as02) [Transferred from Florida Southern on 2/18/2021.]
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| Filing 23 MOTION to Change Venue by Talbot's Pharmaceuticals Family Products, LLC. Responses due by 1/29/2021 (Attachments: #1 Exhibit Hakim Declaration in Support of Motion to Transfer)(Barten, Garrett) [Transferred from Florida Southern on 2/18/2021.] |
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Filing 22
PAPERLESS ORDER, Order Setting Telephone Conference for Friday, 1/15/2021 at 01:10 PM (Eastern Time) in Miami Division before Senior Judge Paul C. Huck. Counsel are instructed to take the following steps shortly before the scheduled teleconference time so that the teleconference may begin promptly: Call the Toll-Free Number: 1-888-684-8852. Enter the access code, 4825076, followed by the # sign. Enter the security code, 332010468, followed by the # sign. State your name and enter the conference. For clarity, please do not use a cell phone or a speaker phone. For technical assistance, please call 800-526-2655. Signed by Senior Judge Paul C. Huck on 1/14/2021. (as02) [Transferred from Florida Southern on 2/18/2021.]
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| Filing 21 Certificate of Other Affiliates by Xiamen Baby Pretty Products Co., Ltd. identifying Other Affiliate Jianbo Yang for Xiamen Baby Pretty Products Co., Ltd. (Rapacke, Andrew) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement by Talbot's Pharmaceuticals Family Products, LLC identifying Other Affiliate Christopher & Weisberg, P.A., Other Affiliate Elissa A. Tisdahl, Other Affiliate Garrett A. Barten, Other Affiliate Louise H. Moore, Other Affiliate Abraham J. Hakim, Other Affiliate Abraham N. Hakim, Other Affiliate Leah H. Goldenberg, Other Affiliate Jackie A. Hakim, Other Affiliate Joseph D. Hakim, Other Affiliate Kay H. Lahasky, Other Affiliate Hannah H. Jones, Other Affiliate Steven Ariel, Other Affiliate Nuby Law, Other Affiliate Robert M. Chiaviello, Other Affiliate Hartwell Morse for Talbot's Pharmaceuticals Family Products, LLC (Barten, Garrett) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 19 Clerks Notice to Filer re #18 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (kpe) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 18 Corporate Disclosure Statement by Talbot's Pharmaceuticals Family Products, LLC (Tisdahl, Elissa) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 17 MOTION for Preliminary Injunction by Xiamen Baby Pretty Products Co., Ltd.. (Attachments: #1 Exhibit 1-8, #2 Exhibit Declaration of Nihat Deniz Bayramoglu, #3 Exhibit Declaration of Summer Ye, #4 Text of Proposed Order)(Rapacke, Andrew) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 16 NOTICE of Attorney Appearance by Garrett Ari Barten on behalf of Talbot's Pharmaceuticals Family Products, LLC. Attorney Garrett Ari Barten added to party Talbot's Pharmaceuticals Family Products, LLC(pty:dft). (Barten, Garrett) [Transferred from Florida Southern on 2/18/2021.] |
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Filing 15
OMNIBUS ORDER Granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert M. Chiaviello Jr.; Granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert M. Chiaviello Jr. Signed by Senior Judge Paul C. Huck on 1/5/2021. See attached document for full details. (jbs) [Transferred from Florida Southern on 2/18/2021.]
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| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hartwell Morse. Filing Fee $ 200.00 Receipt # AFLSDC-14146668 by Talbot's Pharmaceuticals Family Products, LLC. Responses due by 1/19/2021 (Attachments: #1 Exhibit A - Signed Certification, #2 Exhibit B - Proposed Order)(Tisdahl, Elissa) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert M. Chiaviello Jr.. Pay.gov Agency Tracking ID FLSDC-14146109. Filing Fee $ 200.00 by Talbot's Pharmaceuticals Family Products, LLC. Responses due by 1/19/2021 (Attachments: #1 Exhibit A - Signed Certification, #2 Exhibit B - Proposed Order)(Tisdahl, Elissa) [Transferred from Florida Southern on 2/18/2021.] |
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Filing 12
ORDER SETTING CIVIL JURY TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE (Jury Trial set for 8/16/2021 in Miami Division before Senior Judge Paul C. Huck., Calendar Call set for 8/11/2021 09:00 AM in Miami Division before Senior Judge Paul C. Huck.), Referring Case to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Senior Judge Paul C. Huck on 12/30/2020. See attached document for full details. (jbs) #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 Florida Southern on 2/18/2021.]
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Filing 11
ORDER ON MOTION FOR ENLARGEMENT OF TIME TO FILE A RESPONSE TO PLAINTIFFS COMPLAINT Granting in part #10 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. Talbot's Pharmaceuticals Family Products, LLC. Answer due 1/19/2021. Re: #1 Complaint, filed by Xiamen Baby Pretty Products Co., Ltd.. Signed by Senior Judge Paul C. Huck on 12/30/2020. See attached document for full details. (jbs) [Transferred from Florida Southern on 2/18/2021.]
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| Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Talbot's Pharmaceuticals Family Products, LLC. Attorney Elissa Ann Tisdahl added to party Talbot's Pharmaceuticals Family Products, LLC(pty:dft). (Attachments: #1 Exhibit Proposed Order)(Tisdahl, Elissa) [Transferred from Florida Southern on 2/18/2021.] |
| 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 Xiamen Baby Pretty Products Co., Ltd.. Talbot's Pharmaceuticals Family Products, LLC served on 12/11/2020, answer due 1/4/2021. (Rapacke, Andrew) [Transferred from Florida Southern on 2/18/2021.] |
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Filing 8
PAPERLESS Order GRANTING #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David Silver. It is ORDERED that David Silver, may appear and participate in this action on behalf of Plaintiff Xiamen Baby Pretty Products Co. Ltd.; the Clerk SHALL provide electronic notification of all electronic filings to him at david@bayramoglu-legal.com. Signed by Senior Judge Paul C. Huck on 12/10/2020. (as02) [Transferred from Florida Southern on 2/18/2021.]
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Filing 7
PAPERLESS Order GRANTING #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Nihat Deniz Bayramoglu. It is Ordered that Nihat Deniz Bayramoglu may appear and participate in this action on behalf of Plaintiff Xiamen Baby Pretty Products Co. Ltd; the Clerk SHALL provide electronic notification of all electronic filings to him at deniz@bayramoglulegal.com. Signed by Senior Judge Paul C. Huck on 12/10/2020. (as02) [Transferred from Florida Southern on 2/18/2021.]
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David Silver. Filing Fee $ 200.00 Receipt # AFLSDC-14008613 by Xiamen Baby Pretty Products Co., Ltd.. Responses due by 12/23/2020 (Attachments: #1 Exhibit Certificate of Good Standing)(Rapacke, Andrew) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nihat Deniz Bayramoglu. Filing Fee $ 200.00 Receipt # AFLSDC-14008603 by Xiamen Baby Pretty Products Co., Ltd.. Responses due by 12/23/2020 (Attachments: #1 Exhibit Certificate of Good Standing)(Rapacke, Andrew) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (jbs) [Transferred from Florida Southern on 2/18/2021.] (Main Document 4 replaced on 2/18/2021) (Bunting, M). |
| Filing 3 Summons Issued as to Talbot's Pharmaceuticals Family Products, LLC. (jbs) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge Paul C. Huck. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (jbs) [Transferred from Florida Southern on 2/18/2021.] |
| Filing 1 COMPLAINT against Talbot's Pharmaceuticals Family Products, LLC. Filing fees $ 402.00 receipt number AFLSDC-14000375, filed by Xiamen Baby Pretty Products Co., Ltd.. (Attachments: #1 Exhibit 1-2, #2 Civil Cover Sheet, #3 Summon(s))(Rapacke, Andrew) [Transferred from Florida Southern on 2/18/2021.] |
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