Manufacturas Post Form S.A. de C.V. v. Apex Brands, Inc.

Petitioner: Manufacturas Post Form S.A. de C.V.
Respondent: Apex Brands, Inc.
Case Number: 5:2019cv00122
Filed: March 27, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Trademark
Cause of Action: 15:44
Jury Demanded By: None

Docket Report

This docket was last retrieved on March 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 28, 2019 Filing 43 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.)
March 28, 2019 Filing 42 Case transferred in from District of Florida Southern. Case Number 1:18-cv-22103. Transfer order and docket sheet obtained from transferring district.
March 25, 2019 Opinion or Order Filing 40 ORDER granting #21 Motion to Dismiss. Transferring case to the Eastern District of North Carolina. Signed by Judge Marcia G. Cooke on 3/25/2019. See attached document for full details. (kou)[Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.)
March 22, 2019 Filing 41 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Motion Hearing held on 3/22/2019 re #21 Defendant's MOTION to Dismiss #13 Amended Complaint or, in the Alternative, To Transfer Venue filed by Apex Brands, Inc. Total time in court: 30 minutes. Attorney Appearances: Jason M. Sneed, Paul Howard Minoff, Michael Redondo. Court Reporter: Gizella Baan-Proulx, 305-523-5634 / Gizella_Baan-Proulx@flsd.uscourts.gov. (im) [Transferred from Florida Southern on 3/28/2019.]
March 20, 2019 Opinion or Order Filing 39 PAPERLESS ORDER granting #38 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jason M. Sneed. Signed by Magistrate Judge Jonathan Goodman on 3/20/2019. (jdo) [Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.)
March 19, 2019 Filing 38 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason M. Sneed. Filing Fee $ 75.00 Receipt # 113C-11488346 by Apex Brands, Inc.. Responses due by 4/2/2019 (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
March 8, 2019 Opinion or Order Filing 37 PAPERLESS ORDER vacating #36 Motion to Continue. Signed by Judge Marcia G. Cooke on 3/8/2019. (kou) [Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.).
March 4, 2019 Filing 36 VACATED Unopposed MOTION to Continue re 35 Order Setting Hearing on Motion by Manufacturas Post Form S.A. de C.V.. Responses due by 3/18/2019 (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Declaration Juliet Alcoba)(Alcoba, Juliet) Modified on 3/11/2019 vacated order de#37 (dj). [Transferred from Florida Southern on 3/28/2019.]
February 22, 2019 Opinion or Order Filing 35 PAPERLESS ORDER Setting Hearing on Motions #11 and #21 . Motion Hearing set for 3/22/2019 03:00 PM in Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 2/22/2019. (kou)[Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.)
December 18, 2018 Opinion or Order Filing 34 ENDORSED ORDER granting #26 Plaintiff's Motion for Limited Jurisdictional Discovery. Plaintiff Manufacturas Post-Form, S.A. de C.V. requests limited discovery to help support its claim that Defendant Apex Brands, Inc. is appropriately subject to personal jurisdiction under Florida's long-arm statute, consistent with the limits of fair play and substantial justice. It is clear that parties to a lawsuit have a qualified right to conduct jurisdictional discovery. See Am. Civil Liberties Union of Fla., Inc. v. City of Sarasota, 859 F.3d 1337, 1341 (11th Cir. 2017). Accordingly, it is hereby ORDERED and ADJUDGED that Plaintiff's Motion is GRANTED. Plaintiff may conduct limited jurisdictional discovery for a period of thirty (30) days from the date of this Order. Plaintiff's discovery requests shall be narrowly tailored to the precise jurisdictional questions before the Court. Defendant may assert any objections to Plaintiff's requests in accordance with Magistrate Judge Goodman's Discovery Procedures Order (ECF No. 4 at 2). Otherwise, Defendant shall respond to Plaintiff's requests within seven (7) days of service thereof and, if necessary, shall make Christopher McAvoy available for a deposition during the 30-day discovery period. Signed by Judge Marcia G. Cooke on 12/18/2018. (ecz) [Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.)
September 24, 2018 Filing 33 NOTICE of Mediator Selection. Added Manufacturas Post Form S.A. de C.V., Brian F. Spector. (Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
September 7, 2018 Opinion or Order Filing 32 ORDER OF REFERRAL TO MEDIATION. Signed by Judge Marcia G. Cooke on 9/7/2018. See attached document for full details. (ecz) [Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.).
September 7, 2018 Opinion or Order Filing 31 ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES. Signed by Judge Marcia G. Cooke on 9/7/2018. See attached document for full details. (ecz) [Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.)
August 30, 2018 Filing 30 REPLY to Response to Motion re #26 First MOTION for Discovery (limited jurisdictional discovery)First MOTION for Extension of Time to File Response/Reply/Answer as to #22 Memorandum, #21 Defendant's MOTION to Dismiss #13 Amended Complaint or, in the Alternative, To Transfer Venue filed by Manufacturas Post Form S.A. de C.V.. (Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
August 22, 2018 Filing 29 RESPONSE in Opposition re #26 First MOTION for Discovery (limited jurisdictional discovery)First MOTION for Extension of Time to File Response/Reply/Answer as to #22 Memorandum, #21 Defendant's MOTION to Dismiss #13 Amended Complaint or, in the Alternative, To Transfer Venue and Motion for Extension of Time filed by Apex Brands, Inc.. Replies due by 8/29/2018. (Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
August 21, 2018 Filing 28 Defendant's REPLY to #27 Response in Opposition to Motion, #22 Memorandum, #21 Defendant's MOTION to Dismiss #13 Amended Complaint or, in the Alternative, To Transfer Venue by Apex Brands, Inc.. (Attachments: #1 Affidavit)(Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
August 14, 2018 Filing 27 RESPONSE in Opposition re #21 Defendant's MOTION to Dismiss #13 Amended Complaint or, in the Alternative, To Transfer Venue filed by Manufacturas Post Form S.A. de C.V.. Replies due by 8/21/2018. (Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
August 13, 2018 Filing 26 First MOTION for Discovery (limited jurisdictional discovery) ( Responses due by 8/27/2018), First MOTION for Extension of Time to File Response/Reply/Answer as to #22 Memorandum, #21 Defendant's MOTION to Dismiss #13 Amended Complaint or, in the Alternative, To Transfer Venue by Manufacturas Post Form S.A. de C.V.. (Attachments: #1 Exhibit Exhibit A Aegean Tool Document, #2 Exhibit Exhibit B Name Change, #3 Text of Proposed Order Proposed Order)(Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
August 2, 2018 Filing 25 NOTICE of Striking #23 SCHEDULING REPORT - Rule 26(f)/16.1 filed by Manufacturas Post Form S.A. de C.V. by Manufacturas Post Form S.A. de C.V. (Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
August 1, 2018 Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by Manufacturas Post Form S.A. de C.V. (Attachments: #1 Text of Proposed Order Proposed Order)(Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
August 1, 2018 Filing 23 STRICKEN per DE#25 , Joint SCHEDULING REPORT - Rule 16.1 by Manufacturas Post Form S.A. de C.V. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Alcoba, Juliet) Modified text on 8/2/2018 (jas). [Transferred from Florida Southern on 3/28/2019.]
July 31, 2018 Filing 22 MEMORANDUM of Law re #21 Defendant's MOTION to Dismiss #13 Amended Complaint or, in the Alternative, To Transfer Venue by Apex Brands, Inc.. (Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
July 31, 2018 Filing 21 Defendant's MOTION to Dismiss #13 Amended Complaint or, in the Alternative, To Transfer Venue by Apex Brands, Inc.. Responses due by 8/14/2018 (Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
July 30, 2018 Opinion or Order Filing 20 PAPERLESS ORDER granting #18 Unopposed Motion for Extension of Time to File Joint Scheduling Report and Joint Proposed Scheduling Order. Joint Scheduling Report and Joint Proposed Scheduling Order due on or before August 1, 2018. Signed by Judge Marcia G. Cooke on 7/30/2018. (ecz) [Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.)
July 27, 2018 Filing 19 Clerks Notice to Filer re #18 Unopposed MOTION for Extension of Time proposed Order re #5 Order Referring Case to Magistrate Judge. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) [Transferred from Florida Southern on 3/28/2019.]
July 27, 2018 Filing 18 Unopposed MOTION for Extension of Time to File Joint Scheduling Report and Joint Proposed Scheduling Order by Apex Brands, Inc.. Responses due by 8/10/2018 (Attachments: #1 Text of Proposed Order)(Minoff, Paul) Modified Text on 7/27/2018 (ls). [Transferred from Florida Southern on 3/28/2019.]
July 20, 2018 Filing 17 Certificate of Interested Parties by Apex Brands, Inc. identifying Corporate Parent Apex Tool Group, LLC, Other Affiliate Juliet Alcoba, Other Affiliate SNEED PLLC, Other Affiliate Ruben Alcoba, Other Affiliate GrayRobinson, P.A. for Apex Brands, Inc. (Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
July 19, 2018 Filing 16 Clerks Notice to Filer re #15 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (jas) [Transferred from Florida Southern on 3/28/2019.]
July 18, 2018 Filing 15 Certificate of Interested Parties/Corporate Disclosure Statement by Manufacturas Post Form S.A. de C.V. (Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
July 18, 2018 Filing 14 Initial Disclosure(s) of Corporate Disclosure Statement by Apex Brands, Inc. (Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
July 17, 2018 Filing 13 First AMENDED COMPLAINT against Apex Brands, Inc., filed by Manufacturas Post Form S.A. de C.V.. (Attachments: #1 Exhibit Exhibit A. Cease Letter)(Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
July 3, 2018 Filing 12 MEMORANDUM of Law re #11 First MOTION to Dismiss #1 Complaint, , #1 Complaint, or Transfer Venue by Apex Brands, Inc.. (Attachments: #1 Exhibit A)(Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
July 3, 2018 Filing 11 First MOTION to Dismiss #1 Complaint, by Apex Brands, Inc.. Attorney Paul Howard Minoff added to party Apex Brands, Inc.(pty:dft). Responses due by 7/17/2018 (Minoff, Paul) [Transferred from Florida Southern on 3/28/2019.]
June 29, 2018 Filing 10 Clerks Notice to Filer re #8 Certificate of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 9 . It is not necessary to refile this document. (jas) [Transferred from Florida Southern on 3/28/2019.]
June 28, 2018 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Manufacturas Post Form S.A. de C.V.. Apex Brands, Inc. served on 6/12/2018, answer due 7/3/2018. (See DE#8 for image). (jas) [Transferred from Florida Southern on 3/28/2019.]
June 28, 2018 Filing 8 CERTIFICATE OF SERVICE by Manufacturas Post Form S.A. de C.V. re #7 Summons Issued (Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
June 11, 2018 Filing 7 Summons Issued as to Apex Brands, Inc.. (jas) [Transferred from Florida Southern on 3/28/2019.]
June 11, 2018 Filing 6 NOTICE of Filing Proposed Summons(es) by Manufacturas Post Form S.A. de C.V. re #4 Summons Issued, #1 Complaint, filed by Manufacturas Post Form S.A. de C.V. (Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]
May 30, 2018 Opinion or Order Filing 5 ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 5/30/2018. (ecz) [Transferred from Florida Southern on 3/28/2019.] Modified on 3/28/2019 to add purple text language for order. (Rudd, D.)
May 29, 2018 Filing 4 Summons Issued as to Apex Brands, Inc.. (jas) [Transferred from Florida Southern on 3/28/2019.]
May 25, 2018 Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (jas) [Transferred from Florida Southern on 3/28/2019.]
May 25, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (jas) [Transferred from Florida Southern on 3/28/2019.]
May 25, 2018 Filing 1 COMPLAINT Declaratory Judgment Action against Apex Brands, Inc.. Filing fees $ 400.00 receipt number 113C-10685969, filed by Manufacturas Post Form S.A. de C.V.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons)(Alcoba, Juliet) [Transferred from Florida Southern on 3/28/2019.]

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Respondent: Apex Brands, Inc.
Represented By: Paul Howard Minoff
Represented By: Jason M. Sneed
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Petitioner: Manufacturas Post Form S.A. de C.V.
Represented By: Juliet Marie Alcoba
Represented By: Ruben Yuri Alcoba
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