2022-cv-60412

2022-cv-60412 XYZ Corporation v. The Individuals, Partnerships and Unincorporated Associations Identified On Schedule A

Date :2/22/2023
BrandJamiroquai乐队
Court :Southern District of Florida
Law FirmBrickell IP

#

Date

Document

1

Feb. 23, 2022

COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. Filing fees $ 402.00 receipt number AFLSDC-15424680, filed by XYZ Corporation.

Civil Cover Sheet

2

Feb. 23, 2022

Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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.

3

Feb. 24, 2022

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

(Complaint) (jua)

4

Feb. 24, 2022

Plaintiff's MOTION for Leave to Temporarily Proceed Under a Pseudonym by XYZ Corporation.

SYSTEM ENTRY - Docket Entry 5 [motion] restricted/sealed until further notice. (1857863) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (1857863) (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 7 [order] restricted/sealed until further notice. (Text entry; no document attached.)

SYSTEM ENTRY - Docket Entry 8 [order] restricted/sealed until further notice. (Text entry; no document attached.)

(Text of Proposed Order)

9

March 15, 2022

Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Reschedule Hearing on Motion for Preliminary Injunction by XYZ Corporation.

Affidavit Declaration of Richard Guerra

Text of Proposed Order

10

March 17, 2022

ORDER granting 9 Motion to Extend Ex Parte Temporary Restraining Order and Reschedule Hearing on Motion for Preliminary Injunction. Preliminary Injunction Hearing set for 4/7/2022 08:45 AM before Judge Rodney Smith. Signed by Judge Rodney Smith on 3/17/2022. See attached document for full details.

SYSTEM ENTRY - Docket Entry 11 [misc] restricted/sealed until further notice. (Text entry; no document attached.)

12

March 31, 2022

NOTICE of Voluntary Dismissal as to Certain Defendants Only by XYZ Corporation

13

March 31, 2022

NOTICE of Filing Proposed Summons(es) in compliance with the Court's Sealed Order, dated March 11, 2022 by XYZ Corporation

Summon(s)

14

April 1, 2022

Summons Issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A.

15

April 4, 2022

CERTIFICATE OF SERVICE by XYZ Corporation

16

April 4, 2022

AMENDED COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, filed by Jason Kay.

Exhibit Exhibit 1- federal trademark registrations

Exhibit Schedule A to Amended Complaint identifying Defendants

17

April 4, 2022

Plaintiff's MOTION to Unseal by Jason Kay.

Text of Proposed Order

18

April 4, 2022

NOTICE by Jason Kay of Filing Proposed Order Granting Plaintiff's Motion for Preliminary Injunction

Text of Proposed Order

19

April 5, 2022

ORDER TO UNSEAL. ORDER granting [17] Motion to Unseal. The Clerk shall UNSEAL all docket entries in this case. Signed by Judge Rodney Smith on 4/5/2022. See attached document for full details.

20

April 5, 2022

NOTICE of Compliance re 19 Order on Motion for Miscellaneous Relief. (Docket Entries Unsealed per Order)

21

April 6, 2022

ORDER. Plaintiff's Motion for Preliminary Injunction DE [9] is DENIED without prejudice. The April 7, 2022 preliminary injunction hearing is CANCELED. Signed by Judge Rodney Smith on 4/6/2022. See attached document for full details.

22

April 6, 2022

Plaintiff's MOTION for Leave to File Second Amended Complaint and Incorporated Memorandum of Law by Jason Kay.

Exhibit Proposed Second Amended Complaint

Text of Proposed Order

23

April 6, 2022

Renewed MOTION for Preliminary Injunction by Jason Kay.

24

April 6, 2022

Second MOTION to Extend Ex Parte Temporary Restraining Order by Jason Kay.

Text of Proposed Order

25

April 6, 2022

Plaintiff's MOTION for clarification [21] Order, Terminate Hearings, of Order Denying Plaintiff's Motion for Preliminary Injunction Because of Improper Service by Jason Kay. Responses due by 4/20/2022

26

April 7, 2022

PAPERLESS ORDER granting 22 Motion for Leave to File Second Amended Complaint. Plaintiff shall file his Second Amended Complaint as a separate docket entry by April 11, 2022. Signed by Judge Rodney Smith on 4/7/2022.

27

April 7, 2022

Second AMENDED COMPLAINT against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A filed in response to Order Granting Motion for Leave, filed by Jason Kay.

Exhibit Exhibit 1- federal trademark registrations

(Exhibit Schedule A to Second Amended Complaint identifying Defendants)

28

April 7, 2022

PAPERLESS ORDER denying 25 Plaintiff's Motion for Clarification of Order Denying Plaintiff's Motion for Preliminary Injunction Because of Improper Service. Contrary to Plaintiff's representation in the Motion, the Order Granting Ex Parte Application for Entry of Temporary Restraining Order does not contain language providing for issuance of a single summons. Additionally, Plaintiff has not complied with the language he quotes from the advisory committee notes to Federal Rule of Civil Procedure 4(b) because Plaintiff did not obtain a "single original bearing the names of multiple defendants." Signed by Judge Rodney Smith on 4/7/2022.

29

April 7, 2022

NOTICE of Filing Proposed Summons(es) by Jason Kay

Set/Reset Deadlines/Hearings Per DE 26 Order. Amended Complaint due by 4/11/2022. (Text entry; no document attached.)

(Summon(s))

30

April 7, 2022

ORDER granting 24 Second Motion to Extend Ex Parte Temporary Restraining Order. The Temporary Restraining Order dated March 11, 2022, shall remain in effect until after the conclusion of the preliminary injunction hearing. Prelinjhrg (telephonic) Hearing set for 4/13/2022 08:30 AM before Judge Rodney Smith. Signed by Judge Rodney Smith on 4/7/2022. See attached document for full details.

31

April 11, 2022

Summons Issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A.

32

April 12, 2022

NOTICE of Voluntary Dismissal as to Certain Defendants Only by Jason Kay

33

April 13, 2022

PAPERLESS Minute Entry for proceedings held before Judge Rodney Smith: Motion Hearing held on 4/13/2022, 8:30-8:35am re 24 Second MOTION to Extend Ex Parte Temporary Restraining Order filed by Jason Kay. After hearing from plaintiff, motion granted. Attorney Appearance(s): Richard Guerra, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov.

34

April 13, 2022

ORDER granting 23 Renewed Motion for Preliminary Injunction. Signed by Judge Rodney Smith on 4/13/2022. See attached document for full details.

35

May 9, 2022

PAPERLESS ORDER denying as moot 4 Motion for Leave to Temporarily Proceed Under a Pseudonym. Signed by Judge Rodney Smith on 5/9/2022.

36

July 27, 2022

MOTION for Clerk's Entry of Default as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A by Jason Kay.

Exhibit Schedule A- Defendants that have not answered or otherwise responded to

Affidavit Declaration of Richard Guerra

37

July 28, 2022

Clerk's Entry of Default as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A - Motions Terminated: 36 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 7/28/2022.

38

Oct. 20, 2022

ORDER TO SHOW CAUSE. Show Cause Response due by 11/10/2022. Signed by Judge Rodney Smith on 10/20/2022. See attached document for full details.

39

Nov. 10, 2022

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Smithwendy, CeninKonn, SherryTMorris, Finl Conwy, Jorg Akem, Thoney, LEAROLR, ZKKKZZK, FGTETFJG, Via Engera, mengzhecity, Letinaima, TommyDAilsa, henanqianqianshiyeyouxiangongsi, Diana Crofts, CaryAKelly, Gary C Coleman, w6y43weyrdhfgcjh, NanYangBaiLinWangLuoKeJiGongSi, SDFJKL, locobotoo, gqy1012, bassabet2021, musuo02, huotuica, ritalei, alienprints, sujonrudiant-0, ptpins, firman-634, reshmainak0, silmkaffa0, littlewrapups20, bero-29, anifitri-0, bairsad0, apriaw.perman-0, xahan10, lavishly_1978, dedi.online, hana411, mrmusicman45s, 91makh_15, ktfbadges2011, alekrakh-0, irwa-sasm, juasr-47, dagado88, emmishc_0, hhv-shop, yensurahm0, ButtonshopBelgium, SuntiStoreArt, musicstickershop, CecileOweng, PedulStoreArt, LittleBugArtGifts, PosterArtPrint, OldboyApparel, RepulseApparel, DragonRedGifts, CORTAYRECORTA, LittleBugArtGifts, DavidFisherlalalala, SCIORTINOGoods, joachimIdearStore, ClassicalMove, JUDITHBROOKSshop, StephenFishendenlkam, MichaelMorrisdaaam, BBstorecollection, C14LetterpressStudio, ElizabethFlayollaman, DEBORAHBARRETTshop, BlushCreativeGB, Littlewrapups, sayitwithsongs, TshiDesigns, AilleenMirandasd, RenLavanan, ANDRIULLI, FelaPrintArt, LyricsPosterShop, RepulseApparel, StephenFishendenlkam, UKposterprints, cyrilbonnes, RyanHankewichshop, Eimbo, brendarichte, PosterArtPrint, Dokka Chapman, MissyArt, Smithwendy, CeninKonn and SherryTMorris. Attorney Richard Guerra added to party Jason Kay(pty:pla).

40

Nov. 10, 2022

Plaintiff's MOTION for Default Judgment by Jason Kay.

Exhibit 1 - Defaulted Defendants

Affidavit of Richard Guerra

(Text of Proposed Order)

41

Nov. 10, 2022

NOTICE by Jason Kay re 40 Plaintiff's MOTION for Default Judgment of Filing Exhibit to Declaration of Richard Guerra (Part 2 of 3)

(Exhibit 1 - Infringement Evidence)

42

Nov. 10, 2022

NOTICE by Jason Kay re 40 Plaintiff's MOTION for Default Judgment of Filing Exhibit to Declaration of Richard Guerra (Part 3 of 3)

(Exhibit 1 - Infringement Evidence)

43

Nov. 10, 2022

NOTICE by Jason Kay re 40 Plaintiff's MOTION for Default Judgment of Filing Exhibit to Declaration of Richard Guerra (Part 1 of 3)

(Exhibit 1 - Infringement Evidence)

44

Jan. 17, 2023

ORDER granting 40 Motion for Default Judgment. In accordance with Federal Rule of Civil Procedure 58, a separate final judgment will be entered. Signed by Judge Rodney Smith on 1/17/2023. See attached document for full details.

45

Jan. 17, 2023

FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION in favor of Jason Kay against The Individuals, Partnerships and Unincorporated Associations Identified on Schedule "A", PERMANENT INJUNCTION Closing Case. The bond posted by the Plaintiff in the amount of $10,000.00 is here by orderedreleased by the Clerk. Signed by Judge Rodney Smith on 1/17/2023. See attached document for full details.

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