最近更新:2024-10-12
更新

2024-cv-22866

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

日期:07/26/2024

法院:佛罗里达州南区法院

品牌:

律所:

日期 描述
08/05/2024 PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On July 26, 2024, the anonymous Plaintiff filed this action against the "individuals, partnerships, and unincorporated associations identified on Schedule A." (DE 1.) However, Plaintiff has failed to file any document identifying by name or with any specificity either itself or any Defendants in this action beyond one sentence in the complaint vaguely describing Defendants as "individuals, partnerships and/or business entities of unknown makeup, who either reside and/or operate in foreign jurisdictions." (Id. at 2.) The Court is therefore in the uncertain and procedurally unsound position of presiding over a "case" with no identified Plaintiff or Defendant. Although Plaintiff claims in a footnote to the complaint that it will file an amended complaint under seal (apparently without seeking the Court's leave to do so) at some future undetermined date that "identifies Plaintiff and provides additional information and allegations" (id. at n. 1), it has been ten days and no such filing has occurred. "A lawsuit is a public event." In re: Chiquita Brands Int'l, Inc., 965 F.3d 1238, 1242 (11th Cir. 2020). As such, the Federal Rules of Civil Procedure require that "[e]very pleading. must name all the parties." Fed. R. Civ. P. 10(a). Here, Plaintiff has failed to provide the Court with any information to ascertain the identities of the Plaintiff or Defendants. Moreover, district courts are vested with "broad discretion.in managing their cases.[and] ensur[ing] that their cases move to a reasonably timely and orderly conclusion." Watts, 784 F. App'x at 687-88 (quoting Chrysler Int'l Corp. v. Chemaly, 280 F.3d 1358, 1360 (11th Cir. 2002)); see also Equity Lifestyle Properties, Inc. v. Fla. Mowing and Landscape Serv., Inc., 556 F.3d 1232, 1240 (11th Cir. 2009) ("A district court has inherent authority to manage its own docket 'so as to achieve the orderly and expeditious disposition of cases.'") (quoting Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991))). For all the reasons set forth above, it is ORDERED AND ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE and CLOSED. Plaintiff may re-file its case if it wishes to pursue its claims. Signed by Judge Kathleen M. Williams on 8/5/2024. (rm04)
07/29/2024 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK
附件:
1:(Complaint) (ar24)
07/26/2024 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. (ar24)
07/26/2024 COMPLAINT against THE INDIVIDUALS, PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A. Filing fees $ 405.00 receipt number AFLSDC-17711641, filed by XYZ CORPORATION.
附件:
1:(Civil Cover Sheet)

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