George & Company LLC v. Cardinal Industries, Inc. et al
George & Company LLC |
Spin Master, Inc., ABC Companies, Spin Master Acquisition, Inc., Walmart Inc,, John Doe's, Joel Berger, Bonnie Berger Canner, Cardinal Industries Inc., Spin Master US Holdings, Inc., Spin Master Ltd., Spin Master Corp. and Jane Doe's |
1:2019cv04883 |
August 26, 2019 |
US District Court for the Eastern District of New York |
Lois Bloom |
Kiyo A Matsumoto |
Trademark |
15 U.S.C. § 1051 Trademark Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on October 17, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 127 NOTICE of Appearance by Valerie W. Ho on behalf of Cardinal Industries Inc. (notification declined or already on case) (Ho, Valerie) |
Filing 126 ORDER, granting #125 Notice of Motion to Admit Counsel Pro Hac Vice. The admitted attorney Valerie W. Ho is permitted to argue or try this particular case in whole or in part as counsel for Defendant Cardinal Industries, Inc. The #125 application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 10/3/2019. (The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case.) (Latka-Mucha, Wieslawa) |
Filing 125 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11904609. by Cardinal Industries Inc.. (Attachments: #1 Proposed Order to Admit Counsel Pro Hac Vice) (Ho, Valerie) |
ORDER: Defendant Cardinal Industries, Inc. ("Cardinal") requests a thirty-day extension of time to respond to plaintiff's Corrected Fourth Amended Complaint to allow the parties time to agree on terms for the consolidation of this matter with another case, George & Company LLC v. Spin Master Corp. et al, No. 19-cv-04391. ECF No. 123. Although plaintiff does not consent, the Court is satisfied that the extension will conserve judicial resources and is in the interest of justice. This is especially so in light of plaintiff's prior position that judicial economy would be served by litigating all the pending claims together. See Pl. Mot. Transfer 8, 11, ECF No. 113 (requesting that the District Court for the Middle District of Florida transfer the case to "the Eastern District of New York, where it can be consolidated with the co-pending case filed by Plaintiff against Cardinal in Case Number 1:19-cv-04391," or alternatively, that the case be stayed "pending the outcome of the case in the Eastern District of New York."). Cardinal shall respond to plaintiff's Corrected Fourth Amended Complaint by October 23, 2019. Ordered by Magistrate Judge Lois Bloom on 9/20/2019. (Downs, Abigail) |
Filing 124 Letter re related action filed under Case# 19-cv-4391 by Cardinal Industries Inc. (MacLean, Justin) |
Filing 123 First MOTION for Extension of Time to File Answer re #72 Amended Complaint, Fourth Amended Complaint by Cardinal Industries Inc.. (MacLean, Justin) |
Filing 122 NOTICE of Appearance by Justin Albano MacLean on behalf of Cardinal Industries Inc. (aty to be noticed) (MacLean, Justin) |
Filing 121 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
Filing 120 Case transferred in from District of Florida Middle; Case Number 2:18-cv-00154. Original file certified copy of transfer order and docket sheet received. |
The case of George & Company LLC v. Cardinal Industries, Inc. et al, has been transferred from Middle District of Florida to the Eastern District of New York. The new case number is 19cv4883. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
Filing 119 ORDERED: Plaintiff George & Company LLC's Motion to Transfer Venue to Eastern District of New York or to Stay Case (Doc. #113 ) is GRANTED. The Clerk is DIRECTED to transfer the above-captioned case to the United States District Court for the Eastern District of New York, terminate all pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 8/23/2019. (AEH) [Transferred from Florida Middle on 8/26/2019.] |
Magistrate Judge Daniel C. Irick no longer assigned to case. (RN) [Transferred from Florida Middle on 8/26/2019.] |
Filing 118 TEXT ORDER granting in part and denying in part #117 Defendant's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Corrected Fourth Amended Complaint. The motion is granted to the extent Defendant seeks an extension of time to respond to the operative complaint. The Court orders Defendant to respond to the operative complaint no later than 9/23/2019, regardless of which court this case is pending before at that time. The motion is denied without prejudice to the extent Defendant seeks any different or other relief. Signed by Magistrate Judge Mac R. McCoy on 8/21/2019. (McCoy, Mac) [Transferred from Florida Middle on 8/26/2019.] |
Filing 117 Unopposed MOTION for Extension of Time to File Response/Reply re #97 Plaintiff's Corrected 4th Amended Complaint by Cardinal Industries, Inc.. (Brown, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 116 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Corrected 4th Amended Complaint by Cardinal Industries, Inc.. (Brown, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 8/21/2019. Document filed incorrectly - removed. Counsel to refile correct pleading. (MLS). [Transferred from Florida Middle on 8/26/2019.] |
Filing 115 RESPONSE re #113 MOTION to transfer case by Cardinal Industries, Inc.. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 114 ORDERED: Defendant Cardinal Industries, Inc.'s Motion to Strike Plaintiff's Fifth Amended Complaint (Doc. #98 ) is DENIED. Defendant Cardinal Industries, Inc. must file an answer to the Fifth Amended Complaint on or before August 22, 2019 . Signed by Judge Sheri Polster Chappell on 8/8/2019. (AEH) [Transferred from Florida Middle on 8/26/2019.] |
Filing 113 MOTION to transfer venue by George & Company LLC. (Attachments: #1 Exhibit EDNY Complaint)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 112 NOTICE of pendency of related cases re #10 Related case order and track 2 notice Amended per Local Rule 1.04(d) by Cardinal Industries, Inc.. Related case(s): Yes (Attachments: #1 Exhibit 1)(Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 111 Revised REPLY to Response to #98 MOTION to Strike #97 Fourth Amended Complaint filed by Cardinal Industries, Inc. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 110 REPLY to Response to #98 MOTION to Strike #97 Fourth Amended Complaint filed by Cardinal Industries, Inc.(Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 109 ENDORSED ORDER granting #107 Plaintiff's Amended Motion to Withdraw Attorney Abood Shebib. Attorney Abood Shebib has no further responsibility in this case. The Clerk of Court is directed to terminate Abood Shebib from this case and remove him from the CM/ECF electronic service distribution list. Signed by Magistrate Judge Mac R. McCoy on 7/22/2019. (McCoy, Mac) [Transferred from Florida Middle on 8/26/2019.] |
Filing 108 TEXT ORDER denying as moot #106 Plaintiff's Motion to Withdraw Attorney Abood Shebib in light of the subsequent filing of an amended motion (Doc. #107 ) seeking identical relief. Signed by Magistrate Judge Mac R. McCoy on 7/22/2019. (McCoy, Mac) [Transferred from Florida Middle on 8/26/2019.] |
Filing 107 Amended MOTION for Abood Shebib to withdraw as attorney by George & Company LLC. (Milbrath, Stephen) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 106 MOTION for Abood Shebib to withdraw as attorney by George & Company LLC. (Milbrath, Stephen) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 105 CERTIFICATE of compliance re #102 Order by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 104 TEXT ORDER granting #103 Defendant Cardinal Industries, Inc.'s Motion to Stay Discovery Pending Answer. The Court rules on the motion in the absence of a response because the Court finds good cause to stay discovery until the pleadings are settled in this case. Specifically, a stay would serve the interests of judicial economy and also preserve the parties' resources until the claims and defenses that will inform the relevance and proportionality of permissible discovery are established. Accordingly, discovery in this case is stayed until such time as Defendant Cardinal Industries, Inc. files an answer to the operative complaint. By 8/29/2019 or three (3) business days after Defendant files an answer, whichever occurs first, the parties must jointly file an appropriate motion requesting that the case management deadlines in the case be reset based on the posture of the case at that time. Signed by Magistrate Judge Mac R. McCoy on 7/16/2019. (McCoy, Mac) [Transferred from Florida Middle on 8/26/2019.] |
Filing 103 MOTION to stay discovery by Cardinal Industries, Inc.. (Brown, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 102 ORDERED: Counsel for the parties are DIRECTED to confer about the amendments in the Corrected Fourth Amended Complaint. Counsel for George & Co. is DIRECTED to notify the Court in writing whether the parties agree on the amendments in the Corrected Fourth Amended Complaint on or before July 19, 2019. If after conferring the parties do not agree, Cardinal may file a reply brief not to exceed seven (7) pages on or before July 26, 2019. Signed by Judge Sheri Polster Chappell on 7/12/2019. (SMG) [Transferred from Florida Middle on 8/26/2019.] |
Filing 101 MEMORANDUM in opposition re #98 Motion to Strike filed by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 100 TEXT ORDER granting in part and denying in part #99 Defendant Cardinal Industries, Inc.'s Motion for Enlargement of Time to Respond to #97 Plaintiff's Fifth Amended Complaint and Motion for Expedited Briefing Schedule. The motion is granted insofar as Defendant seeks an extension of time to respond to the most recent complaint (Doc. #97 ) until 10 days after the Court enters an order resolving the pending Motion to Strike (Doc. #98 ). The motion is denied to the extent it seeks any other or different relief. Signed by Magistrate Judge Mac R. McCoy on 7/2/2019. (McCoy, Mac) [Transferred from Florida Middle on 8/26/2019.] |
Filing 99 MOTION for Extension of Time to File Answer re #97 Amended Complaint by Cardinal Industries, Inc.. (Brown, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 98 MOTION to Strike #97 Amended Complaint by Cardinal Industries, Inc.. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 97 AMENDED COMPLAINT Corrected Fourth against Cardinal Industries, Inc. with Jury Demand. filed by George & Company LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 96 ORDER denying as moot #75 Defendant Cardinal Industries, Inc.'s Motion to Dismiss Plaintiff's Fourth Amended Complaint, Defendant Walmart Inc's Motion to Dismiss Plaintiff's Fourth Amended Complaint #85 , and Cardinal's Motion for Leave to File Replies to Motion to Dismiss and Motion to Stay Discovery #81 . Plaintiff George & Company LLC's Fourth Amended Complaint is STRICKEN. George & Co. may file an amended complaint that complies with the Court's December 27, 2018 Order #70 on or before June 21, 2019. Signed by Judge Sheri Polster Chappell on 6/14/2019. (AEH) [Transferred from Florida Middle on 8/26/2019.] |
Filing 95 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: SETTLEMENT CONFERENCE held on 6/12/2019. IMPASSE. (Digital) (RN) [Transferred from Florida Middle on 8/26/2019.] |
Filing 94 ORDER Setting Hearing: All parties and their counsel shall appear for a Settlement Conference on 6/12/2019 at 10:00 AM in Orlando Courtroom 5 C before Magistrate Judge Daniel C. Irick. On or before Wednesday, June 5, 2019, each party shall provide the undersigned with a concise confidential statement of the evidence the party expects to produce at trial and a full outline of the settlement negotiations to date, including a copy of Plaintiff's written offer and Defendants' counter-offer outlined in the Order. See Order for details. Signed by Magistrate Judge Daniel C. Irick on 4/19/2019. (RN) [Transferred from Florida Middle on 8/26/2019.] |
Filing 93 NOTICE by Cardinal Industries, Inc., Walmart Inc. re #92 Order Proposing Joint Dates for Settlement Conference (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 92 ORDER: On or before April 16, 2019, the parties shall file a joint notice proposing at least three dates that the parties find mutually agreeable for the settlement conference. Signed by Magistrate Judge Daniel C. Irick on 4/2/2019. (RN) [Transferred from Florida Middle on 8/26/2019.] |
Magistrate Judge Daniel C. Irick added as Settlement Judge. (RN) [Transferred from Florida Middle on 8/26/2019.] |
Filing 91 ORDER granting #86 Joint Motion for settlement conference. The case is referred to Magistrate Judge Daniel Irick for a settlement conference. The parties are DIRECTED to contact Judge Irick to set a time convenient to his calendar. Signed by Judge Sheri Polster Chappell on 3/28/2019. (laf) [Transferred from Florida Middle on 8/26/2019.] |
Filing 90 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 1/24/2020 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 2/3/2020 at 09:00 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 3/27/2019. (jmc) [Transferred from Florida Middle on 8/26/2019.] |
Filing 89 ORDER granting #88 Joint Motion to Extend Case Management Deadlines. See Order for details. The Clerk of Court is directed to enter an Amended Case Management and Scheduling Order. Signed by Magistrate Judge Mac R. McCoy on 3/27/2019. (ATC) [Transferred from Florida Middle on 8/26/2019.] |
Filing 88 Joint MOTION to extend time to Comply with Certain Case Management Deadlines by George & Company LLC. (Milbrath, Stephen) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 87 RESPONSE in Opposition re #85 MOTION to Dismiss Fourth Amended Complaint filed by George & Company LLC. (Attachments: #1 Exhibit 1)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 86 Joint MOTION for settlement conference by Cardinal Industries, Inc., Walmart Inc.. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 85 MOTION to Dismiss Fourth Amended Complaint by Walmart Inc.. (Attachments: #1 Exhibit Letter dated January 11 2019)(Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 84 AMENDED document by Cardinal Industries, Inc.. Amendment to #81 MOTION for leave to file Replies to Motion to Dismiss and Motion to Stay Discovery Updating Certificate of Good Faith Conference. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 83 RESPONSE in Opposition re #81 MOTION for leave to file Replies to Motion to Dismiss and Motion to Stay Discovery filed by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 82 ORDER granting #76 Defendant Cardinal Industries, Inc.'s Motion to Stay Discovery Pending Resolution of Motion to Dismiss. This stay will expire upon entry of an order resolving Defendant's Motion to Dismiss (Doc. 75). At that time, the parties may file an appropriate motion to reschedule the relevant case management deadlines, if necessary. See Order for further details. Signed by Magistrate Judge Mac R. McCoy on 2/19/2019. (ATC) [Transferred from Florida Middle on 8/26/2019.] |
Filing 81 MOTION for leave to file Replies to Motion to Dismiss and Motion to Stay Discovery by Cardinal Industries, Inc.. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 80 RESPONSE in Opposition re #76 MOTION to stay discovery Pending Resolution of Motion to Dismiss filed by George & Company LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 79 RESPONSE in Opposition re #75 MOTION to dismiss for lack of jurisdiction MOTION to dismiss for failure to state a claim filed by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 78 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Bill Jones. (HWJ) [Transferred from Florida Middle on 8/26/2019.] |
Filing 77 TRANSCRIPT of Mt. for Preliminary Injunction held on 12/14/18 before Judge Sheri Polster Chappell. Court Reporter/Transcriber Bill Jones,Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/25/2019, Redacted Transcript Deadline set for 3/7/2019, Release of Transcript Restriction set for 5/6/2019. (HWJ) [Transferred from Florida Middle on 8/26/2019.] |
Filing 76 MOTION to stay discovery Pending Resolution of Motion to Dismiss by Cardinal Industries, Inc.. (Attachments: #1 Exhibit Transcript Excerpt, #2 Exhibit 2 - Part 1, #3 Exhibit 2 - Part 2, #4 Exhibit 2 - Part 3, #5 Exhibit 2 - Part 4, #6 Exhibit 2 - Part 5, #7 Exhibit 2 - Part 6, #8 Exhibit 2 - Part 7, #9 Exhibit 2 - Part 8, #10 Exhibit 2 - Part 9, #11 Exhibit 2 - Part 10, #12 Exhibit 2 - Part 11)(Brown, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 75 MOTION to dismiss for lack of jurisdiction , MOTION to dismiss for failure to state a claim by Cardinal Industries, Inc.. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 74 SUMMONS issued as to Walmart Inc. (drn) [Transferred from Florida Middle on 8/26/2019.] |
Filing 73 PROPOSED summons to be issued by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 72 FOURTH AMENDED COMPLAINT against Cardinal Industries, Inc., Walmart Inc. with Jury Demand filed by George & Company LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Milbrath, Stephen) Modified on 1/10/2019 to edit docket text (drn). STRICKEN per #96 Order. Modified on 6/17/2019 (MLS). [Transferred from Florida Middle on 8/26/2019.] |
Filing 71 ORDER denying #58 Plaintiff George & Company, LLC's Motion for Preliminary Injunction. Signed by Judge Sheri Polster Chappell on 1/2/2019. (LMF) [Transferred from Florida Middle on 8/26/2019.] |
Filing 70 ORDER granting #63 Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint. Plaintiff George & Company LLC may file a Fourth Amended Complaint against Cardinal Industries, Inc. following this Order on or before January 9, 2019. If George & Co. does not timely file a Fourth Amended Complaint, the Court will dismiss this case without further notice. Signed by Judge Sheri Polster Chappell on 12/27/2018. (LMF) [Transferred from Florida Middle on 8/26/2019.] |
Filing 69 Minute Entry. Proceedings held before Judge Sheri Polster Chappell: MOTION HEARING held on 12/14/2018 re #58 MOTION for preliminary injunction filed by George & Company LLC. Court Reporter: H. William Jones (laf) [Transferred from Florida Middle on 8/26/2019.] |
Filing 68 RESPONSE in Opposition re #58 MOTION for preliminary injunction filed by Joel Berger, Cardinal Industries, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Attachments: #1 Affidavit of Chris Harrs, #2 Affidavit of Joel Berger, #3 Affidavit of Tom Kelly, #4 Exhibit of Email Chain)(Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 67 RESPONSE in Opposition re #63 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction Plaintiff's Third Amended Complaint (D.E. 55) filed by George & Company LLC. (Attachments: #1 Affidavit Ex. 1, #2 Affidavit Ex. 2)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 66 ENDORSED ORDER granting #65 Agreed Motion to Extend Time to Respond to Motion to Dismiss Third-Amended Complaint. The response shall be filed no later than November 30, 2018. Signed by Magistrate Judge Mac R. McCoy on 11/15/2018. (ATC) [Transferred from Florida Middle on 8/26/2019.] |
Filing 65 Unopposed MOTION for Extension of Time to File Response/Reply as to #63 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction Plaintiff's Third Amended Complaint (D.E. 55) by George & Company LLC. (Milbrath, Stephen) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 64 NOTICE of filing amended declarations by Joel Berger, Cardinal Industries, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc. re #63 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction #55 Plaintiff's Third Amended Complaint (Attachments: #1 Exhibit, #2 Exhibit)(Brown, Joshua) Modified on 11/9/2018 as to docket text(MLS). [Transferred from Florida Middle on 8/26/2019.] |
Filing 63 MOTION to dismiss for failure to state a claim , MOTION to dismiss for lack of jurisdiction re #53 Plaintiff's Third Amended Complaint by Joel Berger, Cardinal Industries, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Attachments: #1 Affidavit Exhibit 1, #2 Affidavit Exhibit 2)(Brown, Joshua) Modified on 11/8/2018 as to docket text(MLS). [Transferred from Florida Middle on 8/26/2019.] |
Filing 62 TEXT ORDER granting #60 Defendants' Motion for Extension of Time to Respond to (And if Necessary Continuance of Hearing on) Plaintiff's Motion for Preliminary Injunction. Defendants shall file a Response to the Motion for Preliminary Injunction no later than December 7, 2018. The Court is not inclined at this time to continue the hearing currently scheduled on 12/14/2018 (Doc. 59). Signed by Magistrate Judge Mac R. McCoy on 11/6/2018. (ATC) [Transferred from Florida Middle on 8/26/2019.] |
Filing 61 RESPONSE in Opposition re #60 MOTION for Extension of Time to File Response/Reply as to #58 MOTION for preliminary injunction filed by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 60 MOTION for Extension of Time to File Response/Reply as to #58 MOTION for preliminary injunction by Joel Berger, Cardinal Industries, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Brown, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 59 NOTICE of hearing on motion re #58 MOTION for preliminary injunction . Motion for Preliminary Injunction Hearing set for 12/14/2018 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. This hearing is for oral argument only. Response brief is due on November 13, 2018. (LMF) [Transferred from Florida Middle on 8/26/2019.] |
Filing 58 MOTION for preliminary injunction by George & Company LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit Ex. 1, #3 Exhibit A to Affidavit, #4 Exhibit B to Affidavit, #5 Exhibit C to Affidavit, #6 Exhibit D to Affidavit, #7 Exhibit E to Affidavit, #8 Exhibit F to Affidavit, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 6-1, #15 Exhibit 7, #16 Exhibit 8, #17 Exhibit 9)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 57 ORDER granting #56 Notice of Change of Counsel Within Firm and Designation of Email, construed as a Motion for W. Colby Roof to Withdraw as Counsel of Record for Plaintiff. Attorney W. Colby Roof shall have no further responsibility in this action. See Order for further details. Signed by Magistrate Judge Mac R. McCoy on 10/29/2018. (ATC) [Transferred from Florida Middle on 8/26/2019.] |
Filing 56 NOTICE by George & Company LLC of Change of Counsel Within Firm and Designation of Email (Milbrath, Stephen) Modified on 10/29/2018 to edit filing event (drn). [Transferred from Florida Middle on 8/26/2019.] |
Filing 55 THIRD AMENDED COMPLAINT against Joel Berger, Cardinal Industries, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc. with Jury Demand filed by George & Company LLC. Related document: #48 Amended Complaint filed by George & Company LLC, #24 Amended Complaint filed by George & Company LLC, #1 Complaint filed by George & Company LLC.(drn) [Transferred from Florida Middle on 8/26/2019.] |
Filing 54 ORDER denying #47 Plaintiff George & Company LLC's Motion for Rehearing and Reconsideration. Plaintiff George & Company LLC's Motion for Leave to File Third Amended Complaint (Doc. #49 ) is GRANTED. The Clerk is directed to file the Third Amended Complaint (Doc. 49-1) as a new and separate docket entry. Defendants are ordered to file their response(s) to the Third Amended Complaint on or before November 7, 2018. Signed by Judge Sheri Polster Chappell on 10/23/2018. (LMF) [Transferred from Florida Middle on 8/26/2019.] |
Filing 53 MEMORANDUM in opposition re #49 Motion for Leave to file document Third Amended Complaint filed by Cardinal Industries, Inc.. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 52 RESPONSE in Opposition re #47 MOTION for Reconsideration re #46 Order on Motion for Miscellaneous ReliefOrder on motion to dismissOrder on Motion for Leave to File and Motion for Rehearing filed by Joel Berger, Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 51 ENDORSED ORDER granting #50 Defendant Cardinal Industries, Inc.'s Unopposed Motion for Extension of Time to Respond to the Second Amended Complaint. Defendant shall file a response to the operative complaint fourteen (14) days after the Court rules on Plaintiff's Motion for Leave to File Third Amended Complaint (Doc. 49). Signed by Magistrate Judge Mac R. McCoy on 10/9/2018. (ATC) [Transferred from Florida Middle on 8/26/2019.] |
Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply as to #48 Amended Complaint by Cardinal Industries, Inc.. (Brown, Joshua) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 49 MOTION for leave to file Third Amended Complaint by All Plaintiffs. (Attachments: #1 Exhibit Third Amended Complaint)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 48 SECOND AMENDED COMPLAINT against Cardinal Industries, Inc. with Jury Demand filed by All Plaintiffs.(Milbrath, Stephen) Modified on 9/27/2018 to edit docket text (drn). [Transferred from Florida Middle on 8/26/2019.] |
Filing 47 MOTION for Reconsideration re #46 Order on Motion for Miscellaneous ReliefOrder on motion to dismissOrder on Motion for Leave to File and Motion for Rehearing by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 46 ORDERED: Defendants' Motion to Dismiss Plaintiff's Amended Complaint Doc. #32 is GRANTED in part and DENIED in part. a. Count III (aiding and abetting breach of fiduciary duty), Count IV (breach of the covenant of good faith and fair dealing), Count IX (civil conspiracy), and Count XII (cancellation of registration) are DISMISSED without prejudice. b. All claims against Defendants Spin Master Corp, Spin Master US Holdings, Inc, Spin Master Ltd., Spin Master, Inc., Spin Master Acquisition, Inc., Joel Berger, and Bonnie Berger Canner are DISMISSED without prejudice. (2) Plaintiff George & Co. is ORDERED to file a Second Amended Complaint that follows this Opinion and Order on or before September 26, 2018. (3) Defendants' Motion for Leave to Reply to Motion to Dismiss Doc. #43 is DENIED. (4) George & Co.'s motions for an oral argument Doc. #42 ; Doc. #45 are DENIED. Signed by Judge Sheri Polster Chappell on 9/13/2018. (laf) [Transferred from Florida Middle on 8/26/2019.] |
Filing 45 Amended MOTION for miscellaneous relief, specifically Corrected Request for Oral Argument by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 44 RESPONSE in Opposition re #43 MOTION for leave to file Reply to Motion to Dismiss filed by George & Company LLC. (Shebib, Abood) [Transferred from Florida Middle on 8/26/2019.] |
Filing 43 MOTION for leave to file Reply to Motion to Dismiss by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 42 MOTION for miscellaneous relief, specifically Request for Oral Argument by George & Company LLC. (Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 41 RESPONSE in Opposition re #32 MOTION to Dismiss Amended Complaint and Memorandum of Law filed by George & Company LLC. (Attachments: #1 Affidavit Peter Smilanich Affidavit Only (Ex. 1), #2 Exhibit Peter Smilanich Affidavit Exhibits 1-16 (Ex. 1 Con't), #3 Exhibit Peter Smilanich Affidavit Exhibits 17-32 (Ex. 1 Con't), #4 Affidavit Patricia Smilanich Affidavit (Ex. 2), #5 Affidavit Patricia Smilanich Affidavit Supplemental (Ex. 3), #6 Affidavit Jillian Neitz Affidavit (Ex. 4), #7 Affidavit Jillian Neitz Affidavit Supplemental (Ex. 5), #8 Affidavit Jillian Neitz Affidavit Second Supplemental (Ex. 6), #9 Affidavit Thomas R. Mysinger (Ex. 7), #10 Affidavit Thomas R. Mysinger (Ex. 8), #11 Exhibit J. Berger Ans. to Rogs)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 40 NOTICE of Additional Appearance by Joshua Reuben Brown on behalf of Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc. (Brown, Joshua) [Transferred from Florida Middle on 8/26/2019.] |
Filing 39 ENDORSED ORDER granting #38 Plaintiff's Unopposed Motion to Extend Time to Respond to Motion to Dismiss. Plaintiff must file its response to Defendants' Motion to Dismiss no later than 8/20/2018. Signed by Magistrate Judge Mac R. McCoy on 6/26/2018. (JTM) [Transferred from Florida Middle on 8/26/2019.] |
Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss Amended Complaint and Memorandum of Law by George & Company LLC. (Milbrath, Stephen) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 37 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Jeffrey G. Thomas. (JGT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 36 TRANSCRIPT of Preliminary Pretrial Conference held on 06/12/18 before Judge Mac R. McCoy. Court Reporter/Transcriber Jeffrey G. Thomas,Telephone number (239) 461-2033. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 7/13/2018, Redacted Transcript Deadline set for 7/23/2018, Release of Transcript Restriction set for 9/20/2018. (JGT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 35 DECLARATION of Bonnie Berger Canner re #32 MOTION to Dismiss Amended Complaint and Memorandum of Law by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Herbert, Gregory) [Transferred from Florida Middle on 8/26/2019.] |
Filing 34 DECLARATION of Christopher Harrs re #32 MOTION to Dismiss Amended Complaint and Memorandum of Law by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Herbert, Gregory) [Transferred from Florida Middle on 8/26/2019.] |
Filing 33 DECLARATION of Joel Berger re #32 MOTION to Dismiss Amended Complaint and Memorandum of Law by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Herbert, Gregory) [Transferred from Florida Middle on 8/26/2019.] |
Filing 32 MOTION to Dismiss Amended Complaint and Memorandum of Law by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Attachments: #1 Exhibit License Agreement Term Sheet (redacted), #2 Exhibit Settlement Agreement and Mutual Release (redacted))(Herbert, Gregory) [Transferred from Florida Middle on 8/26/2019.] |
Filing 30 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 10/25/2019 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 11/4/2019 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 6/12/2018. (jmc) [Transferred from Florida Middle on 8/26/2019.] |
Filing 29 ORDER limiting the number of interrogatories in this action (including subparts) to fifty (50) per side. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/12/2018. (JTM) [Transferred from Florida Middle on 8/26/2019.] |
Filing 28 ORDER granting 27 Defendants' ore tenus motion to file a motion to dismiss in excess of the page limitations. Defendants may file a motion to dismiss not to exceed thirty-five (35) pages in length. Additionally, Plaintiff may file a response in opposition not to exceed thirty-five (35) pages in length. Signed by Magistrate Judge Mac R. McCoy on 6/12/2018. (JTM) [Transferred from Florida Middle on 8/26/2019.] |
Filing 27 ORAL MOTION for Leave to File Excess Pages by All Defendants. (jmc) [Transferred from Florida Middle on 8/26/2019.] |
Filing 26 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 6/12/2018. (Digital) (jmc) [Transferred from Florida Middle on 8/26/2019.] |
Filing 25 CASE MANAGEMENT REPORT. (Herbert, Gregory) [Transferred from Florida Middle on 8/26/2019.] |
Filing 24 FIRST AMENDED COMPLAINT for Damages and Injunctive Relief against All Defendants with Jury Demand. filed by George & Company LLC. (Attachments: #1 Exhibit Exhibit A)(Milbrath, Stephen) [Transferred from Florida Middle on 8/26/2019.] |
Filing 23 CERTIFICATE of interested persons and corporate disclosure statement re #18 Interested persons order by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Herbert, Gregory) [Transferred from Florida Middle on 8/26/2019.] |
Filing 22 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. Related case(s): yes (Herbert, Gregory) [Transferred from Florida Middle on 8/26/2019.] |
Filing 21 NOTICE of hearing: Preliminary Pretrial Conference set for 6/12/2018 at 09:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 6/4/2018. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) [Transferred from Florida Middle on 8/26/2019.] |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Valerie W. Ho, appearing on behalf of Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc. (Filing fee $150 receipt number ORL73042.) Related document: #19 Unopposed MOTION for VALERIE W. HO to appear pro hac vice. (JP) [Transferred from Florida Middle on 8/26/2019.] |
Filing 20 ORDER granting #19 the Verified Unopposed Motion for Admission Pro Hac Vice and Designation of Counsel. Unless already completed, within 14 days, attorney Valerie W. Ho shall send to the Clerk's Office the application for special admission to practice along with the required application fee. The Clerk of Court is directed to add Valerie W. Ho to the service list. Within 14 days, counsel shall register for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 4/24/2018. (JTM) [Transferred from Florida Middle on 8/26/2019.] |
Filing 19 Unopposed MOTION for VALERIE W. HO to appear pro hac vice by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Herbert, Gregory) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 18 INTERESTED PERSONS ORDER as to Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp., Spin Master LTD, Spin Master US Holdings, Inc. and Spin Master, Inc. Certificate of interested persons and corporate disclosure statement due by 5/4/2018. Signed by All Divisional Judges on 4/20/2018. (drn) [Transferred from Florida Middle on 8/26/2019.] |
Filing 17 ENDORSED ORDER granting #15 Defendants' Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendants Spin Master Corp., Spin Master US Holdings, Inc., Spin Master Ltd., Spin Master, Inc., Spin Master Acquisition, Inc., Cardinal Industries, Inc., Joel Berger, and Bonnie Berger Canner must file their response(s) to Plaintiff's Complaint no later than 6/4/2018. Signed by Magistrate Judge Mac R. McCoy on 4/20/2018. (JTM) [Transferred from Florida Middle on 8/26/2019.] |
Filing 16 NOTICE of Appearance by Corinne Miller LaGosh on behalf of Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc. (LaGosh, Corinne) [Transferred from Florida Middle on 8/26/2019.] |
Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc.. (Herbert, Gregory) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/26/2019.] |
Filing 14 RETURN of service executed on 3/31/18 as to Spin Master US Holdings, Inc. by George & Company LLC (Byrd, Tucker) Modified on 4/2/2018 to edit docket text and filing event (drn). [Transferred from Florida Middle on 8/26/2019.] |
Filing 13 NOTICE of pendency of related cases re #10 Related case order and track 2 notice per Local Rule 1.04(d) by George & Company LLC. Related case(s): No (Byrd, Tucker) [Transferred from Florida Middle on 8/26/2019.] |
Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by George & Company LLC. (Byrd, Tucker) [Transferred from Florida Middle on 8/26/2019.] |
Filing 11 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/23/2018. Signed by All Divisional Judges on 3/9/2018. (WRW) [Transferred from Florida Middle on 8/26/2019.] |
Filing 10 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/23/2018. Signed by Judge Sheri Polster Chappell on 3/9/2018. (WRW) [Transferred from Florida Middle on 8/26/2019.] |
Filing 9 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 3/9/2018. (drn) [Transferred from Florida Middle on 8/26/2019.] |
Filing 8 SUMMONS issued as to Bonnie Berger Canner. (RMT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 7 SUMMONS issued as to Joel Berger. (RMT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 6 SUMMONS issued as to Cardinal Industries, Inc. (RMT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 5 SUMMONS issued as to Spin Master, Inc. (RMT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 4 SUMMONS issued as to Spin Master LTD. (RMT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 3 SUMMONS issued as to Spin Master US Holdings, Inc. (RMT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 2 SUMMONS issued as to Spin Master Corp. (RMT) [Transferred from Florida Middle on 8/26/2019.] |
Filing 1 VERIFIED COMPLAINT For Damages and Injunctive Relief against ABC Companies, Joel Berger, Bonnie Berger Canner, Cardinal Industries, Inc., Jane Does, John Does, Spin Master Acquisition, Inc., Spin Master Corp, Spin Master LTD, Spin Master US Holdings, Inc., Spin Master, Inc. with Jury Demand (Filing fee $400 receipt number FtM012139) filed by George & Company LLC. (Attachments: #1 Civil Cover Sheet)(RMT) [Transferred from Florida Middle on 8/26/2019.] |
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