2023-cv-24716 +组团 近期案件➥ 订阅
原告律所：SRIPLAW, P.A.
品牌：BUNCH O BALLOONS 水气球
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| # | Date | Description |
| 18 |
04/06/2024
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PAPERLESS ORDER DISMISSING CASE. THIS MATTER is before the Court on Plaintiff's Notice of Voluntary Dismissal Without Prejudice. (DE [17].) Upon review of the notice and the record, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. This case remains CLOSED. Signed by Judge Kathleen M. Williams on 4/6/2024. (rm04) 翻译 |
| 17 |
04/05/2024
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NOTICE of Voluntary Dismissal Without Prejudice by ZURU INC. 翻译 |
| 16 |
04/03/2024
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OMNIBUS PAPERLESS ORDER. THIS MATTER is before the Court sua sponte and on Plaintiff's Ex Parte Motion for a Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets (DE 14) and Ex Parte Motion for Order Authorizing Alternate Service of Process (DE 12). Plaintiff is a foreign toy company who brings this trademark and copyright dispute against 234 foreign-based "individuals and/or business entities of unknown makeup" ("Defendants"). Plaintiff's Complaint (DE 1) alleges (1) trademark infringement pursuant to 15 U.S.C. § 1114; (2) false designation of origin pursuant to 15 U.S.C. § 1125(a); (3) common law unfair competition; (4) common law trademark infringement; and (5) copyright infringement pursuant to 17 U.S.C. § 501, against these 234 Defendants which are listed on Schedule A to the Complaint. See generally (DE 1); (DE [10-1]). "On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party." Fed. R. Civ. P. 21. With respect to joinder of Defendants, Federal Rule of Civil Procedure 20(a)(2) provides, in relevant part: "Persons--as well as a vessel, cargo, or other property subject to admiralty process in rem--may be joined in one action as defendants if: (A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2) (emphasis added). "The district court has broad discretion to join parties or not and that decision will not be overturned as long as it falls within the district court's range of choices." Swan v. Ray, 293 F.3d 1252, 1253 (11th Cir. 2002). In this case, although there may be common questions of law and fact as to some or all Defendants, it is not clear from the Complaint how the 234 Defendants' alleged infringement "aris[e] out of the same transaction, occurrence, or series of transactions or occurrences[.]" Fed. R. Civ. P. 20(a)(2)(A); see Zuru Inc. v. Individuals, Partnerships & Unincorporated Associations Identified on Schedule A, No. 22-CV-23504-KMM, 2023 WL 4014802 (S.D. Fla. Feb. 28, 2023) (declining to exercise discretion to join fifty defendants and severing for misjoinder a case brought by the same Plaintiff, represented by the same counsel, based on alleged violations of the same three trademarks, and with substantially similar allegations, claims, and requested relief as the instant case); see also Zuru Inc. v. Individuals, Partnerships & Unincorporated Associations Identified on Schedule A, 23-cv-23999-DPG (S.D. Fla. Nov. 27, 2023), ECF No. 12 (ordering Plaintiff to show cause why joinder of 167 defendants was proper in a case brought by the same Plaintiff, represented by the same counsel, and in which the complaint was an exact, word-for-word duplicate of the complaint in the instant case). The Court notes that Plaintiff failed to advise it of the two previously-filed related cases cited above, in violation of Southern District of Florida Local Rule 3.8. In fact, Plaintiff appears to have affirmatively eschewed its duty to bring these actions to the attention of the Court. On its Civil Cover Sheet, Plaintiff failed to check the box indicating that this case is a re-filed action and answered "no" when asked if there were any related cases. Moreover, Plaintiff did not file a "Notice of Pending, Refiled, Related or Similar Actions." Even worse, although Plaintiff attached to its complaint a list of prior trademark counterfeiting actions it has filed, the list excludes the cases cited above (22-cv-23504 and 23-cv-23999). Accordingly, the Court declines to exercise its discretion to join Defendants and concludes that this case should be severed for misjoinder. See Fed. R. Civ. P. 20, 21. Therefore, upon review of the record and the motions, it is ORDERED AND ADJUDGED that Plaintiff's Ex Parte Motion for a Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets (DE 14) and Ex Parte Motion for Order Authorizing Alternate Service of Process (DE 12) are DENIED. Plaintiff may file an amended complaint consistent with this Order on or before April 17, 2024. Failure to do so may result in dismissal of this case without prejudice. This case is ADMINISTRATIVELY CLOSED. All hearings and deadlines are CANCELED. Any pending motions are DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 4/3/2024. (rm04) 翻译 |
| 15 |
01/11/2024
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MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/11/2024. See attached document for full details. 翻译 |
| 14 |
01/04/2024
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Plaintiff's MOTION for Temporary Restraining Order Preliminary Injunction Hearing, and Order Restraining Transfer of Assets and Incorporated Memorandum of Law by ZURU INC. Responses due by 1/18/2024 翻译 |
| 13 |
01/03/2024
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Summons Issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. 翻译 |
| 12 |
01/03/2024
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Plaintiff's MOTION for an Order Authorizing Alternate Service of Process by ZURU INC. 翻译 |
| 11 |
01/03/2024
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NOTICE of Filing Proposed Summons(es) by ZURU INC. 翻译 |
| 10 |
01/03/2024
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Order 翻译 |
| 9 |
01/03/2024
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ORDER granting [8] Plaintiff's Motion to Seal. Signed by Magistrate Judge Jonathan Goodman on 1/3/2024. See attached document for full details. 翻译 |
| 8 |
01/03/2024
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Plaintiff's MOTION to Seal Certain Documents per Local Rule 5.4 by ZURU INC. 翻译 |
| 7 |
01/02/2024
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PAPERLESS ORDER denying without prejudice 4 Plaintiff's Motion to Seal. Plaintiff says it wants to seal Exhibit A to the Complaint and Exhibit 1 to the Declaration of Sherin Xu in Support of Plaintiff's Ex Parte Motion for Temporary Restraining Order. The motion and proposed Order make it seem as though these documents have already been filed. They have not. In effect, Plaintiff seems to seeking leave to, in the future, file these materials and to do so under seal. But that is not what the motion says. If Plaintiff wishes to obtain Court permission to file something under seal in the future, then it should file a motion which clearly articulates the procedural posture. Signed by Magistrate Judge Jonathan Goodman on 1/2/2024. 翻译 |
| 6 |
12/22/2023
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Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by ZURU INC. 翻译 |
| 5 |
12/16/2023
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ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that all discovery disputes and non-dispositive pretrial motions in this matter are REFERRED to Magistrate Judge Jonathan Goodman. Signed by Judge Kathleen M. Williams on 12/16/2023. See attached document for full details. 翻译 |
| 4 |
12/13/2023
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Plaintiff's MOTION to Seal Certain Documents per Local Rule 5.4 by ZURU INC. 翻译 |
| 3 |
12/13/2023
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FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK 翻译 |
| 2 |
12/13/2023
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Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. 翻译 |
| 1 |
12/13/2023
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COMPLAINT for Damages and Injunctive Relief against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17140893, filed by ZURU INC. 翻译 |