2025-cv-21764 - 案件详情 - 61TRO案件查询网

最近更新:2025-05-10
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2025-cv-21764 AI分析

XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified On Schedule "A"

日期 - 61TRO案件查询网 日期:04/17/2025

法院 - 61TRO案件查询网 法院:佛罗里达州南区法院

品牌 - 61TRO案件查询网 品牌: 匿名起诉

律所 - 61TRO案件查询网 律所: Reiner


05/09/2025

Order 翻译

05/09/2025

PAPERLESS ORDER REGARDING PROCEDURES IN SCHEDULE "A" CAUSES OF ACTION MOTIONS FOR TEMPORARY RESTRAINING ORDER: Any motion for entry of temporary restraining order or for entry of preliminary injunction must include a verified certification from counsel detailing 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. Any motion for entry of temporary restraining order or for entry of preliminary injunction must include or incorporate allegations that show: "(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest," and establish entitlement to relief with regard to each Defendant. Schiavo ex. rel Schindler v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005); see also Levi Strauss & Co. v. Sunrise Int'l. Trading Inc., 51 F.3d 982, 985 (11th Cir. 1995). Additionally, if a motion requests entry of a temporary restraining order without notice to the adverse party or parties, the motion must also plead "specific facts in an affidavit or a verified complaint" that "clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition," and the movant's attorney must certify "in writing any efforts made to give notice and the reasons why it should not be required." FED. R. CIV. P. 65(b)(1). CERTIFICATION REGARDING PRIOR SUITS: Within FIVE (5) days of the date of this Order, counsel for Plaintiff shall file a verified response to this Order, which must include whether counsel has conducted a search of case filings in the records of the Clerk of the United States District Court for all districts to ascertain whether Defendants have ever been sued prior to the filing of this suit for any alleged violations of Plaintiff's intellectual property rights. If counsel did not conduct such a search prior to the filing of this lawsuit, counsel shall conduct that search prior to responding to this Order and indicate the results of that search in a verified response. If there has been a prior suit, counsel shall include in the verified response information about the present status of that litigation, if it is pending, and, if not pending, the nature of the disposition (e.g., settlement, dismissal, or other disposition). Signed by Judge Jacqueline Becerra on 5/9/2025. 翻译

05/01/2025

ORDER AUTHORIZING ALTERNATE SERVICE OF PROCESS: Plaintiff's Motion, ECF No. 14, is hereby GRANTED. Pursuant to Rule 4(f)(3), Plaintiff is permitted to serve the Summonses, Complaint, and other relevant filings in this matter upon Defendants. Signed by Judge Jacqueline Becerra on 5/1/2025. See attached document for full details. 翻译

04/30/2025

ORDER granting [8] Plaintiff's Motion for Leave to File Under Seal. The Clerk is directed to maintain the Documents UNDER SEAL pending further order of the Court. Signed by Judge Jacqueline Becerra on 4/30/2025. See attached document for full details. 翻译

04/29/2025

MOTION for Order Authorizing Alternate Service of Process by XYZ Corporation. 翻译


附件:
1:Affidavit /Declaration of David P. Reiner
2:Text of Proposed Order

04/29/2025

Order 翻译

04/28/2025

ORDER Granting [8] Plaintiff's Motion for Leave to File Under Seal. The Clerk is directed to maintain the Documents UNDER SEAL pending further order of the Court. Signed by Judge Jacqueline Becerra on 4/28/2025. See attached document for full details. 翻译

04/28/2025

PAPERLESS ORDER ON PLAINTIFF'S MOTION FOR LEAVE TO PROCEED UNDER A PSEUDONYM TEMPORARILY. THIS CAUSE came before the Court upon Plaintiff's Motion for Leave to Proceed Under a Pseudonym Temporarily (the "Motion"), ECF No. [7]. Upon due consideration of the Motion, the pertinent portions of the record, and the relevant authorities, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED IN PART AND DENIED IN PART as follows: Plaintiff may proceed in this case under a pseudonym pending service upon all Defendants. Within twenty-four hours of all Defendants being served, Plaintiff shall file a proposed order instructing the Clerk to list its true and accurate name on the docket. Signed by Judge Jacqueline Becerra on 4/28/2025. 翻译

04/25/2025

MOTION to Seal per Local Rule 5.4 by XYZ Corporation. 翻译


附件:
1:(Text of Proposed Order)

04/25/2025

MOTION for Leave to Temporarily Proceed Under a Pseudonym by XYZ Corporation. 翻译


附件:
1:(Text of Proposed Order)
2:Affidavit /Declaration of David P. Reiner

04/25/2025

NOTICE of No Related Actions by XYZ Corporation re 5 Order 翻译

04/17/2025

PAPERLESS ORDER REQUIRING NOTICE OF RELATED ACTION. Plaintiff shall file a Notice of Related Action by April 25, 2025 identifying any other actions pending in the Southern District of Florida which involve the trademark(s) at issue in this case, along with an explanation why these claims and defendants were not included in those actions. Signed by Judge Jacqueline Becerra on 4/17/2025. 翻译

04/17/2025

PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment, if applicable, shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 4/17/2025. 翻译

04/17/2025

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. 翻译


附件:
1:(Complaint w/ Exhibits) (caw)

04/17/2025

Clerk's Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. 翻译

04/17/2025

COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A". Filing fees $ 405.00 receipt number AFLSDC-18376816, filed by XYZ Corporation. 翻译


附件:
1:(Civil Cover Sheet)

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