最近更新：2024-12-25
2022-cv-61705
| 日期 | 描述 |
|---|---|
| 06/02/2023 | ORDER AFFIRMING AND ADOPTING [49] REPORT AND RECOMMENDATIONS: DENYING [46] Motion for Attorney Fees, and Supporting Memorandum of Points and Authorities. Signed by Judge Raag Singhal on 6/1/2023. See attached document for full details. |
| 03/27/2023 | PAPERLESS REPORT AND RECOMMENDATION TO DISTRICT JUDGE. This matter is before the Court upon [46] Defendant's Motion for Attorney's Fees (the "Motion"). In the Motion, Defendant seeks attorney's fees pursuant to 35 U.S.C. � 285, which allows for prevailing party attorney's fees in exceptional cases. See generally ECF No. [46]; see also35 U.S.C. � 285. Defendant argues that it is the prevailing party in this patent action based on [39] the Court's Order dismissing Defendant without prejudice after Plaintiff filed its [35] Notice of Voluntary Dismissal Without Prejudice. See ECF No. [46-1] at 6; see also ECF Nos. [35] at 1, [39] at 1. Plaintiff opposes the Motion, arguing that Defendant is not the prevailing party. See ECF No. [48] at 10. To determine whether Defendant is a prevailing party under � 285, the Court must consider whether Plaintiff's efforts to effect a material alteration in its legal relationship with Defendant were rejected. See Raniere v. Microsoft Corp., 887 F.3d 1298, 1306 (Fed. Cir. 2018); see also Simon Props. Gp., L.P. v. Taylor, No. 20-14374, 2021 WL 4432686, at *2 (11th Cir. Sept. 27, 2021). Here, Defendant is not the prevailing party because Plaintiff voluntarily dismissed Defendant without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), so that there was no material alteration in its legal relationship with Defendant. See ECF No. [35] at 1; see also Taylor, 2021 WL 4432686, at *2. Moreover, Plaintiff's voluntary dismissal under Rule 41(a)(1)(A)(i) did not require a Court order and, rather, was effective upon filing. See Taylor, 2021 WL 4432686, at *2. Accordingly, the Motion should be DENIED. Within 14 days after being served with a copy of this Report and Recommendation, any party may serve and file written objections to any of the above findings and recommendations as provided by the Local Rules for this District. 28 U.S.C. � 636(b)(1); S.D. Fla. Mag. J. R. 4(b). Failure to timely object waives the right to challenge on appeal the District Court's order based on unobjected-to factual and legal conclusions contained in this Report and Recommendation. 11th Cir. R. 3-1 (2022); see Thomas v. Arn, 474 U.S. 140 (1985). Objections to R&R due by 4/10/2023 Signed by Magistrate Judge Alicia O. Valle on 3/27/2023. |
| 03/20/2023 | RESPONSE in Opposition re [46] MOTION for Attorney Fees filed by Centre Way Company Limited. Replies due by 3/27/2023. 附件： 1:Decl. of Palmer 2:Exhibit 1 of Decl. of Palmer |
| 03/10/2023 | ORDER REFERRING [46] MOTION for Attorney's Fees filed by Presentime & Co. Motion referred to Magistrate Judge Alicia O. Valle for appropriate disposition or recommendation. Signed by Judge Raag Singhal on 3/10/2023. See attached document for full details. |
| 03/06/2023 | MOTION for Attorney Fees by Presentime & Co. Responses due by 3/20/2023 附件： 1:Exhibit 1 2:Exhibit 1-A 3:Exhibit 1-B 4:Exhibit 1-C 5:(Exhibit 2) |
| 03/03/2023 | PAPERLESS ORDER granting [44] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Anthony H. Handal. Signed by Judge Raag Singhal on 3/3/2023. |
| 03/03/2023 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anthony Handal. Pay.gov Agency Tracking ID FLSDC-16343634. Filing Fee $ 200.00 by Presentime & Co. Attorney Fritz Joseph Scheller added to party Presentime & Co(pty:dft). Responses due by 3/17/2023 附件： 1:Exhibit 1 |
| 03/03/2023 | 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): YunBin Direction, Presentime & Co, KONGS KIND KING, AYRELY, SZELAM, yaolonggon, Clock House, Feuyan, uwellstore, SCOAGE and Rscolila. |
| 02/21/2023 | ORDER DENYING WITHOUT PREJUDICE 40 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Anthony H. Handal. By 3/3/2023, the Plaintiff must add all the Defendants as parties through CM-ECF. Local counsel may submit a renewed motion for admission to appear pro hac vice by 3/6/2023. Signed by Judge Raag Singhal on 2/21/2023. See attached document for full details. |
| 02/21/2023 | Clerk's Notice to Filer re 1 Complaint. Parties Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the parties. |
| 02/17/2023 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anthony Handal. Filing Fee $ 200.00 Receipt # AFLSDC-16343634 by Individuals, Partnerships and Unincorporated Associations identified on Schedule A. Attorney Fritz Joseph Scheller added to party Individuals, Partnerships and Unincorporated Associations identified on Schedule A(pty:dft). Responses due by 3/3/2023 附件： 1:Exhibit 1 |
| 01/05/2023 | ORDER OF DISMISSAL WITHOUT PREJUDICE. Case Previously Closed. Signed by Judge Raag Singhal on 1/5/2023. See attached document for full details. |
| 01/05/2023 | CORRECTED FINAL DEFAULT JUDGMENT in favor of Plaintiff Centre Way Company Limited and against Defendants YUNBIN DIRECTION and RSCOLILA. The Final Default Judgment 37, entered December 16, 2022, is VACATED. Signed by Judge Raag Singhal on 1/5/2023. See attached document for full details. |
| 12/16/2022 | FINAL DEFAULT JUDGMENT in favor of Plaintiff Centre Way Company Limited and against Defendants YUNBIN DIRECTION, PRESENTIME & CO, and RSCOLILA. Closing Case. Signed by Judge Raag Singhal on 12/14/2022. See attached document for full details. |
| 12/14/2022 | ORDER GRANTING [22] Plaintiff's Motion for Entry of Final Default Judgment Against Defendant. Signed by Judge Raag Singhal on 12/14/2022. See attached document for full details. |
| 12/12/2022 | NOTICE of Voluntary Dismissal as to Defendant No.2 Presentime & Co without prejudice by Centre Way Company Limited. |
| 12/08/2022 | ORDER - CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SZELAM, GRANTING [31] Motion to Approve Consent Judgment. Signed by Judge Raag Singhal on 12/7/2022. See attached document for full details. |
| 12/08/2022 | ORDER - CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT UWELLSTORE, GRANTING [30] Motion to Approve Consent Judgment. Signed by Judge Raag Singhal on 12/7/2022. See attached document for full details. |
| 12/08/2022 | ORDER - CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT CLOCK HOUSE, GRANTING [21] Motion to Approve Consent Judgment. Signed by Judge Raag Singhal on 12/7/2022. See attached document for full details. |
| 11/16/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant SZELAM by Centre Way Company Limited. Responses due by 11/30/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 11/16/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant uwellstore by Centre Way Company Limited. Responses due by 11/30/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 11/15/2022 | CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT FEUYAN: GRANTING [20] Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant Feuyan filed by Centre Way Company Limited. Signed by Judge Raag Singhal on 11/15/2022. See attached document for full details. |
| 11/15/2022 | ORDER: Plaintiff's Motion for Entry of Consent Judgment and Permanent Injunction [18] is DENIED WITHOUT PREJUDICE. Signed by Judge Raag Singhal on 11/15/2022. See attached document for full details. |
| 11/15/2022 | ORDER: Plaintiff's Motion for Entry of Consent Judgment and Permanent Injunction [18] is DENIED WITHOUT PREJUDICE. Signed by Judge Raag Singhal on 11/15/2022. See attached document for full details. |
| 11/16/2022 | CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT KONGS KIND KING: GRANTING 17 Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant KONGS KIND KING filed by Centre Way Company Limited. Signed by Judge Raag Singhal on 11/15/2022. See attached document for full details. |
| 11/15/2022 | CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT YAOLONGGON: GRANTING [16] Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant yaolonggon filed by Centre Way Company Limited. Signed by Judge Raag Singhal on 11/15/2022. See attached document for full details. |
| 11/15/2022 | CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT SCOAGE: GRANTING [15] Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant SCOAGE filed by Centre Way Company Limited. Signed by Judge Raag Singhal on 11/15/2022. See attached document for full details. |
| 11/15/2022 | CONSENT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT AYRELY: GRANTING [14] Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant AYRELY filed by Centre Way Company Limited. Signed by Judge Raag Singhal on 11/15/2022. See attached document for full details. |
| 11/13/2022 | MOTION for Default Judgment against Defendants, YunBin Direction, Presentime & Co, and Rscolila by Centre Way Company Limited. 附件： 1:Decl of Palmer 2:Text of Proposed Order (proposed) Final Judgment Order 3:(Text of Proposed Order) |
| 11/13/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant Clock House by Centre Way Company Limited. Responses due by 11/28/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 11/10/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant Feuyan by Centre Way Company Limited. Responses due by 11/28/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 11/10/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant SZELAM by Centre Way Company Limited. Responses due by 11/28/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 11/08/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant uwellstore by Centre Way Company Limited. Responses due by 11/22/2022 附件： 1:Exhibit Proposed Consent Judgment and Permanent Injunction 2:(Exhibit Statement of Consent) |
| 11/07/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant KONGS KIND KING by Centre Way Company Limited. Responses due by 11/21/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 11/04/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant yaolonggon by Centre Way Company Limited. Responses due by 11/18/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 10/26/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant SCOAGE by Centre Way Company Limited. Responses due by 11/9/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 10/26/2022 | Consent MOTION to Approve Consent Judgment and Permanent Injunction against Defendant AYRELY by Centre Way Company Limited. Responses due by 11/9/2022 附件： 1:Exhibit 1 - Proposed Consent Judgment and Permanent Injunction 2:(Exhibit 2 - Statement of Consent) |
| 10/18/2022 | Clerk's Entry of Default as to Individuals, Partnerships and Unincorporated Associations identified on Schedule A - Motions Terminated: 12 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 10/18/2022. |
| 10/18/2022 | MOTION for Clerk's Entry of Default as to Individuals, Partnerships and Unincorporated Associations identified on Schedule A by Centre Way Company Limited. 附件： 1:Decl. of Palmer 2:(Text of Proposed Order) |
| 09/25/2022 | SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Centre Way Company Limited. Individuals, Partnerships and Unincorporated Associations identified on Schedule A served on 9/25/2022, response/answer due 10/17/2022. 附件： 1:(Decl. of Kang) |
| 09/22/2022 | Plaintiff's Certificate of Other Affiliates by Centre Way Company Limited. |
| 09/21/2022 | Order |
| 09/19/2022 | Order Requiring Joint Scheduling Report. Signed by Judge Raag Singhal on 9/16/2022. See attached document for full details. |
| 09/16/2022 | PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONS Within SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 9/16/2022. |
| 09/16/2022 | NOTICE OF COURT PRACTICE Unless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes. 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. Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket Entry A party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings. Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 9/16/2022. |
| 09/13/2022 | Order |
| 09/12/2022 | Summons Issued as to Individuals, Partnerships and Unincorporated Associations identified on Schedule A. |
| 09/12/2022 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK 附件： 1:Complaint |
| 09/11/2022 | Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. |
| 09/11/2022 | COMPLAINT against Individuals, Partnerships and Unincorporated Associations identified on Schedule A. Filing fees $ 402.00 receipt number AFLSDC-15939368, filed by Centre Way Company Limited. 附件： 1:Exhibit 1 2:Exhibit 2-1 3:Exhibit 2-2 4:Schedule A 5:Civil Cover Sheet 6:AO 120 7:Summon(s) 8:Corporate Disclosure Statement |
