最近更新：2025-02-26
2024-cv-21128
| 日期 | 描述 |
|---|---|
| 01/23/2025 | Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by DiFOLD Inc. 附件： 1:Exhibit Table identifying patent infringed and damages sought against each defendant 2:Affidavit Declaration of Nicole Fundora ISO Motion for Default 3:Text of Proposed Order 4:(Text of Proposed Order) |
| 12/06/2024 | Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A - Motions Terminated: 42 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 12/6/2024. |
| 12/05/2024 | MOTION for Clerk's Entry of Default as to abra-6082, ahala-446, ahmttimm, ameal-ru_0, amosj82, aqri34, asaw-19, bohemingo, chispa-official-store, clinastor, code_2k2t, denayd_12, dollarmart-0, egedor, esmoeshopping by DiFOLD Inc. 附件： 1:Affidavit Declaration of Nicole Fundora ISO Plaintiff's Request for Clerk&# |
| 11/19/2024 | ORDER ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Darrin P. Gayles on 11/19/2024. See attached document for full details. (hs01) Modified Text on 11/19/2024 |
| 11/19/2024 | PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 11/19/2024 re 25 Plaintiff's Motion for Preliminary Injunction. Attorney Appearance(s): Leigh Benjamin Salomon, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01) |
| 11/19/2024 | PAPERLESS ORDER granting 36 Plaintiff's Motion to Unseal. The Clerk is directed to unseal all docket entries in this case and return those portions of the file to the public records. Signed by Judge Darrin P. Gayles on 11/19/2024. (hs01) |
| 11/18/2024 | NOTICE of Filing Proposed Order on Plaintiff's Motion for Preliminary Injunction by DiFOLD Inc. 附件： 1:Text of Proposed Order |
| 11/18/2024 | 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): abra-6082, ahala-446, ahmttimm, ameal-ru_0, amosj82, aqri34, asaw-19, bohemingo, chispa-official-store, clinastor, code_2k2t, denayd_12, dollarmart-0, egedor and esmoeshopping. |
| 11/18/2024 | MOTION to Unseal Case by DiFOLD Inc. Responses due by 12/2/2024. 附件： 1:Text of Proposed Order |
| 11/12/2024 | NOTICE of Posting Bond by DiFOLD Inc. 附件： 1:(Bond Receipt) (kpe) (Main Document 35 replaced on 11/12/2024) (kpe) |
| 11/12/2024 | SUMMONS (Affidavit) Returned Executed on 23 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DiFOLD Inc. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A served on 11/12/2024, response/answer due 12/3/2024. |
| 11/12/2024 | NOTICE of Attorney Appearance by Leigh Benjamin Salomon on behalf of DiFOLD Inc. Attorney Leigh Benjamin Salomon added to party DiFOLD Inc.(pty:pla). |
| 11/12/2024 | Summons Issued as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. |
| 11/11/2024 | NOTICE of Filing Proposed Summons(es) in Compliance with the Court's Sealed Order Granting Ex Parte Application for Entry of Temporary Restraining Order [DE 29] by DiFOLD Inc. 附件： 1:Summon(s) |
| 11/05/2024 | Civil Case Terminated. Administratively Closing Case. PER DE#30 |
| 11/06/2024 | Order |
| 10/08/2024 | SYSTEM ENTRY - Docket Entry 28 [misc] restricted/sealed until further notice. (1857863) |
| 10/07/2024 | PAPERLESS ORDER granting 24 Motion to Seal. Schedule A to Plaintiff's Amended Complaint shall be filed under seal and shall remain under seal until further order from this Court. Signed by Judge Darrin P. Gayles on 10/7/2024. (hs01) |
| 08/21/2024 | SYSTEM ENTRY - Docket Entry 26 [motion] restricted/sealed until further notice. (1857863) |
| 08/21/2024 | SYSTEM ENTRY - Docket Entry 25 [motion] restricted/sealed until further notice. (1857863) |
| 08/21/2024 | Order |
| 08/21/2024 | Plaintiff's MOTION to Seal Schedule A to Amended Complaint per Local Rule 5.4 by DiFOLD Inc. 附件： 1:(Text of Proposed Order) |
| 08/21/2024 | AMENDED COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A filed in response to Order Granting Motion for Leave, filed by DiFOLD Inc. 附件： 1:(Exhibit Design patents) |
| 08/14/2024 | Set Deadline. Amended Complaint due by 8/21/2024. PER DE#22 |
| 08/14/2024 | PAPERLESS ORDER granting 18 Plaintiff's Motion to Reopen Case and for Leave to File Amended Complaint. This matter is reopened. On or before August 21, 2024, Plaintiff shall file an Amended Complaint and a revised Schedule A. Plaintiff may file its revised Schedule A under seal. Signed by Judge Darrin P. Gayles (hs01) |
| 08/14/2024 | PAPERLESS ORDER granting 20 Plaintiff's Motion for Withdrawal as to Madison A. Bower as Attorney of Record for Plaintiff. Madison A. Bower shall be withdrawn as attorney of record from this action. Signed by Judge Darrin P. Gayles (hs01) |
| 07/11/2024 | Plaintiff's MOTION to Withdraw as Attorney (admitted pro hac vice) by Madison Augusta Bower for / by DiFOLD Inc. Responses due by 7/25/2024. 附件： 1:(Text of Proposed Order) |
| 07/11/2024 | NOTICE of Attorney Appearance by Nicole Fundora on behalf of DiFOLD Inc. Attorney Nicole Fundora added to party DiFOLD Inc.(pty:pla). |
| 05/29/2024 | MOTION to Reopen Case by DiFOLD Inc. 附件： 1:Exhibit to motion 2:(Text of Proposed Order /attachment to motion) |
| 05/15/2024 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK 附件： 1:(Order of Dismissal) (cds) |
| 05/15/2024 | PAPERLESS ORDER DISMISSING Plaintiff's Complaint 1. The Complaint does not provide an adequate basis for joining the 114 Defendants remaining on Schedule A. Plaintiff does not sufficiently allege how Plaintiff's claims against Defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," or that "any question of law or fact common to all defendants will arise in the action." Fed.R.Civ.P. 20(a)(2)(A)(B). Plaintiff simply alleges that there are "numerous similarities among the Defendant Internet Stores" and that the infringing products "bear similarities and indicia of being related to one another" and "upon information and belief, Defendants are interrelated." 1. This is not enough to justify the joinder of the 114 Defendants. Indeed, Plaintiff does not even allege that Defendants use the same online market place platforms. As a result, any judicial efficiency from joinder is outweighed by the unwieldy nature of an action with 114 Defendants. See Omega, SA v. Individuals, Bus. Entities & Unincorporated Assoc. Identified on Schedule "A", 650 F. Supp. 3d at 1352 ("When the defendants are not affiliated with one another, there is no evidentiary overlap in proving liability for the alleged infringement. And one defendant's defenses do not depend on that of an unrelated codefendant."). This case is closed for administrative purposes. Plaintiff may move to reopen to file an Amended Complaint on or before May 29, 2024. Signed by Judge Darrin P. Gayles (hs01) |
| 05/15/2024 | PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Madison Bower may appear and participate in this action on behalf of Plaintiff DiFOLD Inc. The Clerk shall provide electronic notification of all electronic filings to Madison Bower at mbower@bsfllp.com. Signed by Judge Darrin P. Gayles (hs01) |
| 05/14/2024 | RESPONSE TO ORDER TO SHOW CAUSE re [12] Order to Show Cause, by DiFOLD Inc. 附件： 1:Exhibit 1 2:Exhibit 2 3:Declaration of Rossana Baeza 4:Exhibit 1-3 |
| 04/30/2024 | Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Madison Bower. Filing Fee $ 200.00 Receipt # AFLSDC-17492573 by DiFOLD Inc. Responses due by 5/14/2024. 附件： 1:Certification of Madison Bower 2:(Text of Proposed Order) |
| 04/30/2024 | PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 157 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" (Defendants) have engaged in design patent infringement in this district through the use of "numerous fully interactive commercial internet stores operating under the online marketplace accounts. and using the account names identified in Schedule A." [ECF No. 1]. Although Plaintiff has voluntarily dismissed 43 Defendants, see [ECF No. 11], 114 remain. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Accordingly, on or before May 14, 2024, Plaintiff shall file a memorandum showing why joinder of the remaining 114 Defendants is proper. Signed by Judge Darrin P. Gayles (hs01) |
| 04/15/2024 | SYSTEM ENTRY - Docket Entry 10 [misc] restricted/sealed until further notice. (1811244) |
| 04/15/2024 | NOTICE of Voluntary Dismissal of Certain Defendants by DiFOLD Inc. |
| 04/15/2024 | Order |
| 04/09/2024 | PAPERLESS ORDER granting 7 Motion to Seal. Schedule A to the Plaintiff's Complaint shall be filed under seal and shall remain under seal for two years or until further order from this Court. Signed by Judge Darrin P. Gayles (hs01) |
| 04/09/2024 | NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles (hs01) |
| 04/04/2024 | Plaintiff's MOTION to Seal per Local Rule 5.4 by DiFOLD Inc. 附件： 1:Text of Proposed Order |
| 04/04/2024 | Order |
| 04/04/2024 | Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by DiFOLD Inc. identifying Corporate Parent Hyperfold JSC for DiFOLD Inc. |
| 03/25/2024 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK 附件： 1:(Complaint & Exhibits) (nwn) |
| 03/25/2024 | Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. |
| 03/25/2024 | COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17393088, filed by DiFOLD Inc. 附件： 1:Exhibit 1 to Complaint 2:(Civil Cover Sheet) |
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