2023-cv-61421

2023-cv-61421 Louis Vuitton Malletier v. The Individual, Business Entity, or Unincorporated Association

Date :7/25/2023
Court :Southern District of Florida
Law FirmSMG

#

Date

Document

1

July 25, 2023

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16791002, filed by LOUIS VUITTON MALLETIER.

Civil Cover Sheet

Exhibit 1 to Complaint Certificates of Registration for the Louis Vuitton Trade

2

July 25, 2023

Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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.

3

July 25, 2023

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

4

July 27, 2023

Plaintiff's Corporate Disclosure Statement by LOUIS VUITTON MALLETIER identifying Corporate Parent LVMH Moet Hennessy Louis Vuitton SE for LOUIS VUITTON MALLETIER

5

July 27, 2023

Plaintiff's MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law In Support Thereof by LOUIS VUITTON MALLETIER.

Text of Proposed Order

Declaration of Stephen M. Gaffigan in Support Thereof

Exhibit 1 to the Declaration of Stephen M. Gaffigan

(Exhibit 2 to the Declaration of Stephen M. Gaffigan)

6

Aug. 9, 2023

ORDER REFERRING CASE AND SETTING TRIAL DATE: REFERRING CASE to US Magistrate Judge Panayotta D Augustin-Birch to conduct a Scheduling Conference with notices (NEFs for Events only) for all filings in case. (Jury Trial set for 5/6/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/1/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 8/9/2023. See attached document for full details. (pc) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.

7

Aug. 10, 2023

PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on August 17, 2023, at 10:00 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/10/2023. (sk01)

8

Aug. 13, 2023

Plaintiff's MOTION to Continue the Scheduling Conference re [7] Order Setting/Cancelling Hearing, by LOUIS VUITTON MALLETIER. Responses due by 8/28/2023

Text of Proposed Order

Declaration of Virgilio Gigante in Support Thereof

9

Aug. 14, 2023

PAPERLESS ORDER denying 8 Plaintiff's Motion for Order Continuing the Scheduling Conference. Plaintiff seeks to continue the August 17 scheduling conference until after Defendant has been served and entered an appearance. Because of the short trial track in this matter, the scheduling conference will go forward even if Defendant has not appeared. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/14/2023. (sk01)

10

Aug. 16, 2023

CERTIFICATE OF SERVICE by LOUIS VUITTON MALLETIER re [6] Order Referring Case to Magistrate Judge, Scheduling Order, [7] Order Setting/Cancelling Hearing, upon Defendant via Electronic Mail and via Website Posting

11

Aug. 16, 2023

CERTIFICATE OF SERVICE by LOUIS VUITTON MALLETIER re [9] Order on Motion to Continue, upon Defendant via Electronic Mail and via Website Posting

12

Aug. 17, 2023

PAPERLESS Minute Entry for proceeding held before US Magistrate Judge Panayotta D Augustin-Birch: Scheduling Conference held on 8/17/2023. Total time in court: 0 hours : 15 minutes. Attorney Appearance: Christine Ann Daley. (sk01)

13

Aug. 17, 2023

PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 11/2/2023., Discovery due by 2/22/2024., Joinder of Parties due by 11/2/2023., In Limine Motions due by 3/7/2024., Dispositive Motions due by 3/7/2024., Motions due by 3/7/2024., Pretrial Stipulation due by 4/8/2024., Jury Trial set for 5/6/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/1/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/17/2023. See attached document for full details. (pc) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.

14

Aug. 22, 2023

ORDER GRANTING PLAINTIFFS MOTION FOR ORDER AUTHORIZING ALTERNATE SERVICE OF PROCESS ON DEFENDANT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(f)(3): granting [5] Motion Plaintiff's Motion for Alternative Service. Signed by Judge Donald M. Middlebrooks on 8/21/2023. See attached document for full details.

15

Aug. 23, 2023

NOTICE of Filing Proposed Summons(es) by LOUIS VUITTON MALLETIER re 14 Order on Motion for Miscellaneous Relief

(Summon(s))

16

Aug. 23, 2023

Summons Issued as to THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION.

17

Aug. 30, 2023

CERTIFICATE OF SERVICE by LOUIS VUITTON MALLETIER re [13] Scheduling Order, Order Referring Case to Mediation, upon Defendant via Electronic Mail and via Website Posting

18

Aug. 30, 2023

SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by LOUIS VUITTON MALLETIER. All Defendants.

Affidavit of Service

Affidavit of Service

19

Aug. 31, 2023

Plaintiff's NOTICE by LOUIS VUITTON MALLETIER re 13 Scheduling Order, Order Referring Case to Mediation, of Inability to Comply

20

Aug. 31, 2023

Plaintiff's SCHEDULING REPORT - Rule 26(f) by LOUIS VUITTON MALLETIER

21

Aug. 31, 2023

Plaintiff's NOTICE of Mediator Selection. Selected/Added Mark Stein as Mediator.

22

Sept. 14, 2023

Plaintiff's MOTION for Clerk's Entry of Default as to All Defendants by LOUIS VUITTON MALLETIER.

Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk'

Text of Proposed Order

23

Sept. 15, 2023

Clerk's Entry of Default as to THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION - Motions Terminated: 22 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 9/15/2023.

24

Sept. 18, 2023

PAPERLESS ORDER SETTING DEADLINE TO FILE MOTION FOR FINAL DEFAULT JUDGMENT. On September 14, 2023, Plaintiff moved for Clerk's Entry of Default against Defendants the Individual, Business Entity, or Unincorporated Association d/b/a allyoloswag.com and echohao.com (DE 22). The motion was granted on September 15, 2023. (DE 23). Accordingly, if Plaintiff intends to move for default final judgment, it must do so on or before September 29, 2023. Moreover, Plaintiff is advised that pursuant to S.D. Fla. Local Rule 7.1(a)(2), motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." The proposed order must contain legal analysis as to the claims on which Plaintiff is seeking default final judgment and how the pled facts, taken as true, justify awarding Plaintiff default judgment. Plaintiff must ensure that its proposed order with the court is emailed in Word format to the court's e-filing address: middlebrooks@flsd.uscourts.gov. If no timely motion and appropriate proposed order are filed, this matter is subject to dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 9/18/2023.

25

Sept. 29, 2023

Plaintiff's MOTION for Default Judgment and Memorandum of Law In Support Thereof by LOUIS VUITTON MALLETIER.

Text of Proposed Order Granting Motion for Final Default Judgment

Text of Proposed Order Final Judgment and Permanent Injunction

Declaration of Hadrien Huet in Support Thereof

Exhibit 1 to the Declaration of Hadrien Heut

Declaration of Virgilio Gigante in Support Thereof

Declaration of Kathleen Burns in Support Thereof

(Exhibit 1 to the Declaration of Kathleen Burns)

26

Dec. 29, 2023

Notice of Ninety Days Expiring by LOUIS VUITTON MALLETIER re [25] Plaintiff's MOTION for Default Judgment and Memorandum of Law In Support Thereof filed by LOUIS VUITTON MALLETIER

27

Jan. 25, 2024

Plaintiff's MOTION for Order Granting Relief from Pretrial Scheduling Order re [13] Scheduling Order, Order Referring Case to Mediation, by LOUIS VUITTON MALLETIER.

Text of Proposed Order

28

Jan. 26, 2024

ORDER GRANTING PLAINTIFF'S MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT. ORDER granting [25] Motion for Default Judgment. Plaintiff is entitled to damages in the amount of $600,000.00. By separate order, final Default Judgment shall be entered in favor of Plaintiff, Louis Vuitton Malletier, and against each Defendant, the Individuals, Business Entities, or Unincorporated Associations doing business as allyoloswag.com and ecomhao.com. Signed by Judge Donald M. Middlebrooks on 1/26/2024. See attached document for full details.

29

Jan. 26, 2024

FINAL DEFAULT JUDGMENT in favor of LOUIS VUITTON MALLETIER against THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION Closing Case. Any pending motions are DENIED AS MOOT and the Clerk of Court shall CLOSE this case. Motions terminated: [27] Plaintiff's MOTION for Order Granting Relief from Pretrial Scheduling Order re [13] Scheduling Order, Order Referring Case to Mediation filed by LOUIS VUITTON MALLETIER. Signed by Judge Donald M. Middlebrooks on 1/26/2024. See attached document for full details.

30

Jan. 29, 2024

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

Final Default Judgment

31

Feb. 12, 2024

Plaintiff's MOTION for clarification [29] Default Judgment, by LOUIS VUITTON MALLETIER. Responses due by 2/26/2024.

Text of Proposed Order Granting Motion

Text of Proposed Order Amended Final Judgment

32

April 24, 2024

ORDER granting [31] Motion for Clarification. Signed by Judge Donald M. Middlebrooks on 4/23/2024. See attached document for full details.

33

April 24, 2024

AMENDED FINAL DEFAULT JUDGMENT in favor of LOUIS VUITTON MALLETIER against THE INDIVIDUAL, BUSINESS ENTITY, OR UNINCORPORATED ASSOCIATION Signed by Judge Donald M. Middlebrooks on 4/23/2024. See attached document for full details.

联系我们

企业微信及自我推荐2