XYZ Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto
最近更新时间：2025-07-18
案件信息
案件号：flsd-1:2025-cv-21819
状态：open
提交时间：2025-06-06 00:00:00
诉讼类型：
律所：
原告：XYZ Corporation v. The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto
| # | 日期 | 案件进程 |
| 38 | 2025-06-06 | PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On May 28, 2025, this Court entered its "Omnibus Order Regarding Schedule 'A' Causes of Action." 12. Therein, this Court ordered the following : Any motion for entry of temporary restraining order or for entry of preliminary injunction must include detailed steps Plaintiff has taken to verify that this Court has personal jurisdiction over EACH Defendant. See Meier ex rel. Meier v. Sun Int'l Hotels, Ltd., 288 F.3d 1264, 1268-69 (11th Cir. 2002) ("The plaintiff has the burden of establishing a prima facie case of personal jurisdiction over a nonresident defendant."). Plaintiff must sufficiently allege this Court's jurisdiction over EACH Defendant pursuant to Florida Statutes § 48.193(1)(a)(1)-(2) and § 48.193(1)(a)(6), or, in the alternative, Rule 4(k) of the Federal Rules of Civil Procedure. A motion for alternate service will not be granted where a plaintiff does not provide evidence or affidavits to show what efforts Plaintiff has undertaken to determine whether the addresses it has on file for EACH Defendant are actually associated with EACH Defendant. Motions to file documents under seal or to proceed anonymously or pseudonymously in these cases are disfavored by the Court. any such motions shall be denied with leave to refile only after all the requirements of this Order have been complied with and only once the exceptional circumstances required to grant such a motion have been shown. See generally 12. Plaintiff was cautioned that "[f]ailure to comply with any of the requirements set forth herein will result in the dismissal of this case for failure to comply with Court orders, without further notice." Id. at 5. Nevertheless, Plaintiff's Renewed Motion for Temporary Restraining Order 15 and Motion for Service by Publication 16 both fail to comply with this Court's Omnibus Order. 12. Specifically, Plaintiff fails to distinguish why the proposed relief is appropriate for EACH Defendant as required by this Court in the Omnibus Order. 12. Plaintiff's Motion for Leave to File Under Seal 14 fails to address the issues raised by this Court in its Omnibus Order. Relatedly, Plaintiff's Complaint 10 fails to make any distinctions between the seven Defendants identified in Schedule A. Accordingly, this case is DISMISSED WITHOUT PREJUDICE for failure to comply with this Court's Omnibus Order. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are denied as moot. Signed by Judge K. Michael Moore on 6/6/2025. (dp01) |
| 37 | 2025-05-28 | Affidavit Declaration of W. Brees in Support of Motion for Temporary Restraining |
| 36 | 2025-05-28 | RESPONSE to [12] Order on Motion for Temporary Restraining Order PLAINTIFF'S VERIFIED RESPONSE TO THE COURT'S OMNIBUS ORDER REGARDING SCHEDULE "A" CAUSES OF ACTION by XYZ Corporation. |
| 35 | 2025-05-28 | Exhibit 1 to the Verified Response |
| 34 | 2025-05-28 | MOTION to Seal per Local Rule 5.4 by XYZ Corporation. |
| 33 | 2025-05-28 | Text of Proposed Order |
| 32 | 2025-05-28 | Renewed MOTION for Temporary Restraining Order INCLUDING A TEMPORARY ASSET RESTRAINT AND EXPEDITED DISCOVERY by XYZ Corporation. Responses due by 6/11/2025. |
| 31 | 2025-05-28 | Affidavit Declaration of A. Beaston in Support of Motion for Temporary Restraini |
| 30 | 2025-05-28 | Affidavit Declaration of E. Fang in Support of Motion for Temporary Restraining |
| 29 | 2025-05-28 | Exhibit 1 to the Declaration of E. Fang in Support of Motion for Temporary Restr |
| 28 | 2025-05-28 | Text of Proposed Order |
| 27 | 2025-05-28 | MOTION for Service by Publication OR ALTERNATE SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION by XYZ Corporation. |
| 26 | 2025-05-28 | Affidavit of W. Brees in Support of Motion for Alternate Service of Process |
| 25 | 2025-05-28 | Text of Proposed Order |
| 24 | 2025-05-14 | ORDER denying 11 Motion for Temporary Restraining Order without prejudice. Signed by Judge K. Michael Moore on 5/14/2025. See attached document for full details. (dp01) |
| 23 | 2025-05-02 | Declaration of E. Fang in Support of Motion for Temporary Restraining Order |
| 22 | 2025-05-02 | SYSTEM ENTRY - Docket Entry 10 [misc] restricted/sealed until further notice. (1735549) |
| 21 | 2025-05-02 | (Text of Proposed Order) |
| 20 | 2025-05-02 | Exhibit 1 to the Declaration of E. Fang in Support of Motion for Temporary Restraining Order |
| 19 | 2025-05-02 | Declaration of A. Beaston in Support of Motion for Temporary Restraining Order |
| 18 | 2025-05-02 | Declaration of W. Brees in Support of Motion for Temporary Restraining Order |
| 17 | 2025-05-02 | MOTION for Temporary Restraining Order INCLUDING A TEMPORARY INJUNCTION, A TEMPORARY ASSET RESTRAINT, EXPEDITED DISCOVERY, AND SERVICE OF PROCESS BY E-MAIL AND/OR ELECTRONIC PUBLICATION by XYZ Corporation. Responses due by 5/16/2025. |
| 16 | 2025-04-23 | ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/23/2025. See attached document for full details. |
| 15 | 2025-04-23 | THIS CAUSE came before the Court upon Plaintiff XYZ Corporation's (Plaintiff") Motion for Leave to File Under Seal. 5. Therein, Plaintiff requests to file its "Complaint for Damages and Injunctive Relief," several declarations, and Proposed Order Granting Ex Parte Relief be filed under seal until the Court rules on Plaintiff's request for temporary ex parte relief. Id. at 2. In support of this request, Plaintiff states that temporarily sealing these portions of the court file will prevent "the Internet based e-commerce stores at issue" from changing payment accounts, redirecting consumer traffic, modifying their contents, etc. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Leave to File Under Seal 5 is GRANTED. The requested filings shall be made under seal and shall remain under seal until further order of this Court. Signed by Judge K. Michael Moore on 4/23/2025. (dp01) |
| 14 | 2025-04-23 | PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 4/23/2025. (dp01) |
| 13 | 2025-04-23 | PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 4/21/2025. (dp01) |
| 12 | 2025-04-22 | MOTION to Seal per Local Rule 5.4 by XYZ Corporation. |
| 11 | 2025-04-22 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK |
| 10 | 2025-04-22 | (Complaint) (ksr) |
| 9 | 2025-04-22 | Summons Issued as to The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto. |
| 8 | 2025-04-22 | (Text of Proposed Order) |
| 7 | 2025-04-21 | COMPLAINT for Trademark Infringement against The Individuals, Corporations, Limited Liability Companies, Partnerships and Unincorporated Associations Identified in Schedule A Hereto. Filing fees $ 405.00 receipt number AFLSDC-18386211, filed by XYZ Corporation. |
| 6 | 2025-04-21 | Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. |
| 5 | 2025-04-21 | (Summon(s)) |
| 4 | 2025-04-21 | Civil Cover Sheet |
| 3 | 2025-04-21 | Exhibit 3 to the Complaint |
| 2 | 2025-04-21 | Exhibit 2 to the Complaint |
| 1 | 2025-04-21 | Exhibit 1 to the Complaint |
