Buzz Pop Cocktails Corporation v. Booze Pops LLC
| Buzz Pop Cocktails Corporation |
| Booze Pops LLC |
| 2:2020cv02841 |
| August 5, 2020 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Both |
Docket Report
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| Filing 43 NOTICE of Settlement & Stipulation of Dismissal by Booze Pops Corporate LLC, Booze Pops Distribution LLC, Booze Pops LLC Associated Cases: 2:20-cv-00691-RMG, 2:20-cv-02841-RMG(Ethridge, R) |
| Filing 42 DELETION OF DOCKET ENTRY NUMBER 41 Reason: Documents should only be filed in 2:20-cv-00691-RMG, which 2:20-cv-02841-RMG was consolidated with and CLOSED - see Order filed 9/2/2020. Filing date of original filing: 4/27/2021 (Dkt. No. 56 in 2:20-cv-00691-RMG remains as filed) (sshe, ) |
| Filing 40 DELETION OF DOCKET ENTRY NUMBER 39 Reason: Documents should only be filed in 2:20-cv-00691-RMG, which 2:20-cv-02841-RMG was consolidated with and CLOSED - see Order filed 9/2/2020. Filing date of original filing: 11/30/2020 at Dkt. No. 38 in 2:20-cv-00691-RMG remains as filed. (sshe, ) |
Filing 37
ORDER GRANTING MOTION TO CONSOLIDATE granting #27 (in case 2:20-cv-00691-RMG; (36) in case 2:20-cv-02841-RMG). The case filed first in this Court, No. 2:20-cv-691-RMG, will be the lead case. It is FURTHER ORDERED that all future filings in these cases contain the case number "2:20-cv-691-RMG" and on the next line "(Consolidated with 2:20-cv-2841-RMG)"; and it is FURTHER ORDERED that, as a result of this consolidation, case number 2:20-cv-2841-RMG is hereby ADMINISTRATIVELY CLOSED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/2/2020.Associated Cases: 2:20-cv-00691-RMG, 2:20-cv-02841-RMG(sshe, )
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| Filing 36 Joint MOTION to Consolidate Cases by Buzz Pop Cocktails Corporation, Joseph Isaacs, Real Estate Flipz LLC. Response to Motion due by 9/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:20-cv-00691-RMG, 2:20-cv-02841-RMG(Jeter, Edwin) |
| Filing 35 Local Rule 26.01 Answers to Interrogatories by Booze Pops LLC.(Allen, Christy) |
| Filing 34 Local Rule 26.01 Answers to Interrogatories by Buzz Pop Cocktails Corporation.(Jeter, Edwin) |
| Filing 33 NOTICE of Appearance by Edwin Russell Jeter on behalf of Buzz Pop Cocktails Corporation (Jeter, Edwin) |
| Filing 32 NOTICE OF TRANSFER to Counsel. (sshe, ) |
| Filing 31 Case transferred in from District of Florida Middle; Case Number 8:19-cv-01840. Original file certified copy of transfer order and docket sheet received. |
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Filing 30
ORDER GRANTING #26 Defendant's Motion to Dismiss for Improper Venue; DENYING AS MOOT #26 Defendant's Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim; DENYING AS MOOT #28 Plaintiff's Motion for Extension of Time to Respond to (ECF No. 26) Until 10 Days After the Court Has Resolved Plaintiff's Motion to Transfer Venue; GRANTING #29 Plaintiff's Motion to Transfer Venue to South Carolina. See Order for details. Signed by Judge Mary S. Scriven on 8/5/2020. (MWC) [Transferred from Florida Middle on 8/5/2020.]
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| Filing 29 MOTION to Change Venue / Transfer Case by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 28 MOTION for Extension of Time to File Response/Reply as to #26 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue; and MOTION for Sanctions pursuant to 28 U.S.C. 1927 and the Court's Inherent Powers MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 27 MOTION for Sanctions PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 11 by All Defendants. (Attachments: #1 Appendix Proof of service referred to in certificate of service, #2 Exhibit "A"_Second Affidavit of Woodrow Norris dtd 07-02-2020)(Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue; and, MOTION for Sanctions pursuant to 28 U.S.C. 1927 and the Court's Inherent Powers, MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted by All Defendants. (Attachments: #1 Appendix Table of Contents for Convenience of Court, #2 Exhibit "A"_First Affidavit of Woodrow Norris dated August 26, 2019, #3 Exhibit "B"_Second Affidavit of Woodrow Norris dated July 2, 2020)(Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
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Filing 25
ENDORSED ORDER GRANTING #24 Defendant's Unopposed Motion to Extend Time for Defendant to Respond to Plaintiff's Verified Second Amended Complaint. Defendant shall have up to and including July 27, 2020 to file its answer or otherwise respond to the Second Amended Complaint. Signed by Judge Mary S. Scriven on 6/23/2020. (MWC) [Transferred from Florida Middle on 8/5/2020.]
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| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #23 Amended Complaint by Booze Pops LLC. (Attachments: #1 Exhibit Email response fr Plaintiff's counsel stating no objection to extending time)(Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 23 AMENDED COMPLAINT - VERIFIED SECOND AMENDED COMPLAINT against Booze Pops LLC with Jury Demand. filed by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
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Filing 22
ORDER Concerning Civil Cases: Case Management and Scheduling Orders. Signed by Judge Mary S. Scriven on 5/19/2020. (KE) [Transferred from Florida Middle on 8/5/2020.]
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Filing 21
ORDER DENYING #14 Defendant's Motion to Dismiss for Lack of Standing; GRANTING #14 Defendant's Motion to Dismiss for Lack of Personal Jurisdiction. Plaintiff's Amended Complaint, (Dkt. 9), is DISMISSED WITHOUT PREJUDICE. In light of the Court's Order Concerning Jury Trials and Other Proceedings in re: Coronavirus Public Emergency, (Dkt. 20), Plaintiff shall have up to and including June 19, 2020 (or twenty-one (21) days from any extended stay that may later be entered) to file a Second Amended Complaint that cures the jurisdictional deficiencies identified in this Order if it can do so consistent with its obligations under the Federal Rules of Civil Procedure, including Rule 11. Signed by Judge Mary S. Scriven on 4/22/2020. (MWC) [Transferred from Florida Middle on 8/5/2020.]
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Filing 20
ORDER concerning Jury Trials and Other Proceedings in re: Coronavirus Public Emergency. Signed by Judge Mary S. Scriven on 3/19/2020. (LRB) [Transferred from Florida Middle on 8/5/2020.]
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| Filing 19 NOTICE of pendency of related cases per Local Rule 1.04(d) by Booze Pops LLC. Related case(s): yes (Attachments: #1 Exhibit Complaint in South Carolina Case, #2 Exhibit Appendix of Exhibits to Complaint in South Carolina Case, #3 Exhibit Exhibit 1 to Complaint in South Carolina Case, #4 Exhibit Exhibit 2 to Complaint in South Carolina Case, #5 Exhibit Exhibit 3 to Complaint in South Carolina Case, #6 Exhibit Exhibit 4 to Complaint in South Carolina Case, #7 Exhibit Exhibit 5 to Complaint in South Carolina Case, #8 Exhibit Exhibit 6 to Complaint in South Carolina Case, #9 Exhibit Exhibit 7 to Complaint in South Carolina Case, #10 Exhibit Exhibit 8 to Complaint in South Carolina Case, #11 Exhibit Exhibit 9 to Complaint in South Carolina Case, #12 Exhibit Exhibit 10 to Complaint in South Carolina Case, #13 Exhibit Exhibit 11 to Complaint in South Carolina Case, #14 Exhibit Exhibit 12 to Complaint in South Carolina Case, #15 Exhibit Exhibit 13 to Complaint in South Carolina Case, #16 Exhibit Exhibit 14 to Complaint in South Carolina Case, #17 Exhibit Exhibit 15 to Complaint in South Carolina Case, #18 Exhibit Exhibit 16 to Complaint in South Carolina Case, #19 Exhibit Exhibit 17 to Complaint in South Carolina Case, #20 Exhibit Exhibit 18 to Complaint in South Carolina Case, #21 Exhibit Exhibit 19 to Complaint in South Carolina Case, #22 Exhibit Exhibit 20 to Complaint in South Carolina Case, #23 Exhibit Exhibit 21 to Complaint in South Carolina Case, #24 Exhibit Exhibit 22 to Complaint in South Carolina Case, #25 Exhibit Exhibit 23 to Complaint in South Carolina Case, #26 Exhibit Exhibit 24 to Complaint in South Carolina Case, #27 Exhibit Exhibit 25 to Complaint in South Carolina Case, #28 Exhibit Exhibit 26 to Complaint in South Carolina Case, #29 Exhibit Exhibit 27 to Complaint in South Carolina Case, #30 Exhibit Exhibit 28 to Complaint in South Carolina Case, #31 Exhibit Exhibit 29 to Complaint in South Carolina Case, #32 Exhibit Exhibit 30 to Complaint in South Carolina Case, #33 Exhibit Exhibit 31 to Complaint in South Carolina Case, #34 Exhibit Exhibit 32 to Complaint in South Carolina Case, #35 Exhibit Exhibit 33 to Complaint in South Carolina Case, #36 Exhibit Exhibit 34 to Complaint in South Carolina Case)(Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 18 REPLY to Response to Motion re #14 MOTION to dismiss for lack of jurisdiction (personal), and for lack of standing MOTION to dismiss for failure to state a claim upon which relief may be granted MOTION to Dismiss Amended Complaint (Dkt no.9) for Improper Venue , and pursuant to the Court's Order, Dkt. no. 17, filed by Booze Pops LLC. (Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
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Filing 17
ENDORSED ORDER GRANTING #16 Defendant's Request for Leave to File a Reply to Dkt. 15. Defendant shall have up to and including October 29, 2019 to file a Reply, which shall not exceed ten (10) pages. Signed by Judge Mary S. Scriven on 10/21/2019. (SBA) [Transferred from Florida Middle on 8/5/2020.]
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| Filing 16 MOTION for leave to file a Reply to Plaintiff's response [Dkt. no. 15] to Defendant's motions to dismiss [Dkt. no. 14] by Booze Pops LLC. (Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 15 RESPONSE in Opposition re #14 MOTION to dismiss for lack of jurisdiction (personal), and for lack of standing MOTION to dismiss for failure to state a claim upon which relief may be granted MOTION to Dismiss Amended Complaint (Dkt no.9) for Improper Venue filed by Buzz Pop Cocktails Corporation. (Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 14 MOTION to dismiss for lack of jurisdiction (personal), and for lack of standing, MOTION to dismiss for failure to state a claim upon which relief may be granted, MOTION to Dismiss Amended Complaint (Dkt no.9) for Improper Venue by Booze Pops LLC. (Attachments: #1 Exhibit Plaintiff's December 2018 Articles of Incorporation, #2 Affidavit of Woodrow Norris, #3 Exhibit Ruskaboy Holdings' "Booze Pop Cocktails" Fictitious Name Registration Records)(Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
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Filing 13
ENDORSED ORDER DENYING AS MOOT #8 Plaintiff's Motion for Extension of Time to Respond to the Defendant's Motion to Dismiss. In light of Plaintiff's having filed an Amended Complaint as a matter of course, Plaintiff's motion is denied as moot. Signed by Judge Mary S. Scriven on 9/17/2019. (SBA) [Transferred from Florida Middle on 8/5/2020.]
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Filing 12
ENDORSED ORDER DENYING AS MOOT #6 Defendant's Motion to Dismiss Plaintiff's Complaint for Lack of Standing, Lack of Personal Jurisdiction, Improper Venue, Failure to State a Claim Upon Which Relief May be Granted, and Motion to Strike Request for Punitive Damages and Patent Allegations. In light of Plaintiff's having filed an Amended Complaint as a matter of course, Defendant's motion is denied as moot. Defendant shall be free to reassert any of the challenges raised therein to the extent that they remain viable against the Amended Complaint. Signed by Judge Mary S. Scriven on 9/17/2019. (SBA) [Transferred from Florida Middle on 8/5/2020.]
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| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Buzz Pop Cocktails Corporation. (Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 10 CERTIFICATE of counsel re #8 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to dismiss for lack of jurisdiction and lack of standing MOTION to dismiss for failure to state a claim MOTION to Dismiss Complaint for Improper Venue Updated Rule 3.01(g) Certification by David P. Reiner, II on behalf of Buzz Pop Cocktails Corporation (Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 9 AMENDED COMPLAINT against Booze Pops LLC with Jury Demand. filed by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Reiner, David)[Transferred from Florida Middle on 8/5/2020.] |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to dismiss for lack of jurisdiction and lack of standing MOTION to dismiss for failure to state a claim MOTION to Dismiss Complaint for Improper Venue by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 7 CORPORATE Disclosure Statement by Booze Pops LLC. (Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 6 MOTION to dismiss for lack of jurisdiction and lack of standing, MOTION to dismiss for failure to state a claim , MOTION to Dismiss Complaint for Improper Venue by Booze Pops LLC. (Attachments: #1 Exhibit (Articles of Incorporation_Buzz Pop Cocktails Corp._12-7-2019), #2 Affidavit (Exhibit 2_Affidavit of Woodrow Norris), #3 Exhibit (Plaintiff's Abandonment of Patent Application; USPTO Public PAIR docket))(Latham, Susan) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 5 RETURN of service executed on 8/6/2019 by Buzz Pop Cocktails Corporation as to Booze Pops LLC. (Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 4 SUMMONS issued as to Booze Pops LLC. (LD) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 Exhibit Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit Civil Cover Sheet) (LD) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-1840-T-35TGW. (SJB) [Transferred from Florida Middle on 8/5/2020.] |
| Filing 1 COMPLAINT against Booze Pops LLC with Jury Demand (Filing fee $ 400 receipt number 113A-15737748) filed by Buzz Pop Cocktails Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Proposed Summons)(Reiner, David) [Transferred from Florida Middle on 8/5/2020.] |
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| Plaintiff: Buzz Pop Cocktails Corporation | |
| Represented By: | David P Reiner, II |
| Represented By: | Edwin Russell Jeter |
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| Defendant: Booze Pops LLC | |
| Represented By: | Susan Joy Latham |
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