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2022-cv-22696

Exxon Mobil Corporation v. The Individuals and Business Entities Identified On Schedule A

日期:

法院:佛罗里达州南区法院

品牌:

律所:

日期 描述
07/10/2024 ORDER Granting [113] Motion for entry of an Order directing City National Bank of Florida to release and disburse to Exxon Mobil Corporation (ExxonMobil) funds that the Court ordered frozen on September 29, 2022 (ECF No. 39) (the Frozen Funds). Signed by Senior Judge Robert N. Scola, Jr on 7/10/2024. See attached document for full details.
07/08/2024 Unopposed MOTION for Disbursement of Funds Directed to City National Bank by Exxon Mobil Corporation.
附件:
1:Text of Proposed Order Proposed Order Granting Motion for Disbursement of Funds
06/11/2024 Order of Dismissal granting [111] Motion for Entry of Order of Dismissal. Signed by Senior Judge Robert N. Scola, Jr on 6/10/2024. See attached document for full details.
05/31/2024 Unopposed MOTION for Entry of Order of Dismissal by Exxon Mobil Corporation.
04/15/2024 STATUS REPORT (Joint) by Exxon Mobil Corporation
03/25/2024 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK
附件:
1:Supplement Order Staying Case
03/25/2024 ORDER STAYING CASE and Administratively Closing Case. (Joint Status Report due by 4/15/2024.) Signed by Senior Judge Robert N. Scola, Jr. on 3/25/2024. See attached document for full details.
01/31/2024 NOTICE of Change of Address, Email or Law Firm Name by Matthew Scott Nelles
11/22/2023 NOTICE by Exxon Mobil Corporation re 101 Order Directing Clerk to Enter Default Notice of Joint Liability
11/21/2023 Clerk's NOTICE of Compliance re 101 Order Directing Clerk to Enter Default. Order mailed to Defendants.
11/21/2023 Clerk's Entry of Default as to 7500 Enterprises LLC, Everlast Lubricants, LLC per Order Directing Clerk to Enter Default Re: 101 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 11/20/2023.
11/20/2023 Order on Default Judgment Procedure, directing Clerk to Enter Default(s) as to 7500 Enterprises LLC, Everlast Lubricants LLC. Signed by Senior Judge Robert N. Scola, Jr on 11/20/2023. See attached document for full details.
11/20/2023 Order of Partial Dismissal re 97 STIPULATION of Dismissal with Prejudice of Jose Martinez, only, by Exxon Mobil Corporation. This case will stay open, as the Plaintiff continues to assert claims against the remaining Defendants. Signed by Senior Judge Robert N. Scola, Jr on 11/20/2023. See attached document for full details. (rbe) (Main Document 100 replaced on 11/20/2023)
11/16/2023 Plaintiff's MOTION for Entry of Default as to 7500 Enterprises LLC and Everlast Lubricants, LLC, Dismissal of Jose H. Martinez, and to Stay Case re 94 Order on Motion to Withdraw as Attorney, by Exxon Mobil Corporation.
附件:
1:(Exhibit Expedited Motion for Relief from Automatic Stay (filed in USBC SD Fla))
10/27/2023 PAPERLESS ORDER: The Court strikes 97 the stipulation of dismissal with respect to Defendant Jose H. Martinez. Pursuant to Federal Rule of Procedure 41(a)(1)(A)(ii), a stipulation of dismissal must be signed by all parties who have appeared. Signed by Judge Robert N. Scola, Jr. (mb02)
10/26/2023 STIPULATION of Dismissal with Prejudice of Jose Martinez, only, by Exxon Mobil Corporation
10/23/2023 Second Amended Scheduling Order and Order of Referral to Mediation: Jury Trial set for 4/8/2024 in Miami Division before Judge Robert N. Scola Jr. Calendar Call set for 4/2/2024 09:00 AM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 10/23/2023. See attached document for full details. (rbe) 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.
10/23/2023 CLERK'S Notice Of Compliance re 94 Order Granting 89 Motion to Withdraw. A copy of this order was provided.
10/23/2023 Order Granting 89 Motion to Withdraw. Attorneys Alejandro F. Hoyos and Megha Mahajan of the Law Office of Alexis Gonzalez, P.A., are discharged as counsel of record in this case for Defendants AMV Enterprises, Inc., 7500 Enterprises LLC d/b/a 7500 Enterprises Inc., Everlast Lubricants, LLC, and Carlo M. Ribera. Since a company may not litigate a matter pro se, Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985), AMV Enterprises, Inc., 7500 Enterprises LLC d/b/a 7500 Enterprises Inc., and Everlast Lubricants, LLC are directed to retain new counsel on or before November 10, 2023. Defendant Ribera must either retain new counsel or advise the Court that he intends to proceed pro se by November 10, 2023. Signed by Judge Robert N. Scola, Jr on 10/23/2023. See attached document for full details.
10/16/2023 Defendant's REPLY to Response to Motion re 89 MOTION to Withdraw as Attorney AMV ENTERPRISES, INC., 7500 ENTERPRISES LLC d/b/a 7500 ENTERPRISES INC., EVERLAST LUBRICANTS, LLC, and CARLO M. RIBERA by Alejandro Hoyos for / Reply to Plaintiffs Response DE 90 filed by 7500 Enterprises LLC, AMV Enterprises, Inc., Everlast Lubricants LLC.
10/13/2023 PAPERLESS ORDER: To expedite the briefing scheduling, the Court resets the reply deadline to 90 the Plaintiff's response to 89 counsel for the AMV Defendants and Carlo Ribera's motion to withdraw. The reply is due on or before October 17, 2023. Signed by Judge Robert N. Scola, Jr. (mb02)
10/13/2023 NOTICE by Exxon Mobil Corporation re 90 Response in Opposition to Motion, and Request for Expedited Status Conference (updated Local Rule 7.1(A)(3) Certification
10/13/2023 Set/Reset Deadlines/Hearings per DE [92] as to [89] MOTION to Withdraw as Attorney AMV ENTERPRISES, INC., 7500 ENTERPRISES LLC d/b/a 7500 ENTERPRISES INC., EVERLAST LUBRICANTS, LLC, and CARLO M. RIBERA by Alejandro Hoyos for /. Replies due by 10/17/2023.
10/12/2023 RESPONSE in Opposition re [89] MOTION to Withdraw as Attorney AMV ENTERPRISES, INC., 7500 ENTERPRISES LLC d/b/a 7500 ENTERPRISES INC., EVERLAST LUBRICANTS, LLC, and CARLO M. RIBERA by Alejandro Hoyos for / and Request for Expedited Status Conference filed by Exxon Mobil Corporation. Replies due by 10/19/2023.
10/11/2023 MOTION to Withdraw as Attorney AMV ENTERPRISES, INC., 7500 ENTERPRISES LLC d/b/a 7500 ENTERPRISES INC., EVERLAST LUBRICANTS, LLC, and CARLO M. RIBERA by Alejandro Hoyos for / by 7500 Enterprises LLC, AMV Enterprises, Inc., Everlast Lubricants LLC. Responses due by 10/25/2023
10/10/2023 SUGGESTION OF BANKRUPTCY as to Defendants AMV ENTERPRISES, INC. and CARLO M. RIBERA by AMV Enterprises, Inc.
09/06/2023 FINAL MEDIATION REPORT by Plaintiff and Defendants. Disposition: Case did not settle.
07/11/2023 Set Deadlines/Hearings per [86] order. Expert Discovery due by 12/26/2023. Fact Discovery due by 11/6/2023. Mediation Deadline 12/4/2023. Dispositive Motions due by 11/20/2023. In Limine Motions due by 1/9/2024. Motions due by 1/9/2024. Pretrial Stipulation due by 2/12/2024. Calendar Call set for 3/5/2024 09:00 AM in Miami Division before Judge Robert N. Scola Jr. Jury Trial set for 3/11/2024 before Judge Robert N. Scola Jr.
07/11/2023 Set Deadlines/Hearings per 86 order. Expert Discovery due by 12/26/2023. Fact Discovery due by 11/6/2023. Mediation Deadline 12/4/2023. Dispositive Motions due by 11/20/2023. In Limine Motions due by 1/9/2024. Motions due by 1/9/2024. Pretrial Stipulation due by 2/12/2024. Calendar Call set for 3/5/2024 09:00 AM in Miami Division before Judge Robert N. Scola Jr. Jury Trial set for 3/11/2024 before Judge Robert N. Scola Jr.
07/11/2023 First Amended Scheduling Order and Order of Referral To Mediation. Signed by Judge Robert N. Scola, Jr on 7/11/2023. See attached document for full details.
07/10/2023 Unopposed MOTION for Extension of Time To Extend Trial Date and Remaining Pretrial Deadlines in Scheduling Order D.E. 57 by Defendants re [57] Order Referring Case to Mediation, Scheduling Order, Set Scheduling Order Deadlines, by 7500 Enterprises LLC, AMV Enterprises, Inc., Everlast Lubricants LLC, Jose Martinez, Carlo M Ribera. Responses due by 7/24/2023
附件:
1:Exhibit Proposed Order
06/28/2023 ORDER Scheduling Mediation before Mark Stein Mediation Hearing set for 8/22/2023 Signed by Judge Robert N. Scola, Jr on 6/28/2023. See attached document for full details.
06/28/2023 Plaintiff's NOTICE of Mediator Selection and Hearing. Selected/Added Mark Stein as Mediator. Mediation Hearing set for 08/22/2023 at 9:00 a.m. EDT.
04/13/2023 NOTICE OF UNAVAILABILITY by 7500 Enterprises LLC, AMV Enterprises, Inc., Everlast Lubricants LLC for dates of 5/05/2023 and 6/30/2023 through 7/06/2023
04/11/2023 STATUS REPORT (Joint Interim Status Report) by Exxon Mobil Corporation
04/10/2023 NOTICE OF UNAVAILABILITY by Jose Martinez for dates of June12, 2023 - June 16, 2023
02/21/2023 NOTICE of Completion of Production by 7500 Enterprises LLC, AMV Enterprises, Inc., Everlast Lubricants LLC and Carlos M. Ribera Text Modified on 2/22/2023
02/21/2023 ANSWER and Affirmative Defenses to Amended Complaint by Carlo M Ribera.
02/21/2023 ANSWER and Affirmative Defenses to Amended Complaint by Everlast Lubricants LLC.
02/21/2023 ANSWER and Affirmative Defenses to Amended Complaint by 7500 Enterprises LLC.
02/16/2023 Order Denying 60 Motion to Dismiss Signed by Judge Robert N. Scola, Jr on 2/16/2023. See attached document for full details.
01/31/2023 NOTICE by Jose Martinez re 72 Notice (Other) Amended Notice of Withdrawing Second and Fourth Affirmative Defenses
01/30/2023 Defendant's REPLY to Response to Motion re 60 MOTION to Adopt/Join 55 Amended Complaint/Amended Notice of Removal, Defendant's MOTION TO DISMISS 55 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Carlo M Ribera.
01/26/2023 NOTICE by Jose Martinez re 63 Answer to Amended Complaint Notice of Withdrawal of Second and Fourth Affirmative Defenses
01/24/2023 NOTICE by AMV Enterprises, Inc. re 59 Answer to Amended Complaint Defendants Notice of Withdrawing Its Third and Fourth Affirmative Defenses to Plaintiff's Amended Complaint
01/24/2023 PAPERLESS ORDERL granting the Plaintiff's unopposed motion to enlarge deadline to join additional parties and amend pleadings. 69. The Court finds that the Plaintiff has established good cause for the requested extension, and the Plaintiff would be unable to comply with the deadline despite its own diligence. Accordingly, the Court resets the deadline to amend the pleadings and join additional parties to March 15, 2023. The remainder of the deadlines established in the Courts scheduling order (ECF No. 57) remain in full effect. Signed by Judge Robert N. Scola, Jr.
01/23/2023 Unopposed MOTION for Extension of Time to Enlarge Deadline to Join Additional Parties and Amend Pleadings through and including March 15, 2023 re [57] Order Referring Case to Mediation, Scheduling Order, Set Scheduling Order Deadlines, by Exxon Mobil Corporation. Responses due by 2/6/2023
01/23/2023 NOTICE OF WITHDRAWAL OF MOTION by Exxon Mobil Corporation re [66] MOTION to Strike [59] Answer to Amended Complaint (Third and Fourth Affirmative Defenses) filed by Exxon Mobil Corporation, [67] MOTION to Strike [63] Answer to Amended Complaint (Second, Third and Fourth Affirmative Defenses) filed by Exxon Mobil Corporation, without prejudice.
01/23/2023 MOTION to Strike [63] Answer to Amended Complaint (Second, Third and Fourth Affirmative Defenses) by Exxon Mobil Corporation. Responses due by 2/6/2023
01/23/2023 MOTION to Strike [59] Answer to Amended Complaint (Third and Fourth Affirmative Defenses) by Exxon Mobil Corporation. Responses due by 2/6/2023
01/23/2023 RESPONSE in Opposition re [60] MOTION to Adopt/Join [55] Amended Complaint/Amended Notice of Removal, Defendant's MOTION TO DISMISS [55] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Exxon Mobil Corporation. Replies due by 1/30/2023.
01/12/2023 PAPERLESS ORDER: granting, nunc pro tunc, Defendant Jose Martinez's motion for an extension of time to respond to the amended complaint. 62. Because Defendant Martinez has already filed his answer and affirmative defenses, and did so diligently (if belatedly) upon receipt of the instructions for entry of a Clerk's default against him for his failure to timely respond, the Court will not strike his answer and affirmative defenses. (ECF No. 63.) But, the Court must point out a fundamental error for which it could have denied the Defendant's motion. Defendant Martinez's motion fails to include the necessary certificate of conferral under Southern District of Florida Local Rule 7.1(a)(3), indicating whether he conferred with counsel for the other parties and whether or not they oppose his requested relief. All parties are cautioned that the Court will not treat violations of the Local Rules so leniently moving forward. Signed by Judge Robert N. Scola, Jr.
01/11/2023 ANSWER and Affirmative Defenses to Amended Complaint by Jose Martinez.
01/11/2023 MOTION for Extension of Time to File Response/Reply/Answer as to [55] Amended Complaint/Amended Notice of Removal, by Jose Martinez.
01/11/2023 ORDER on Clerks Default Procedure. Signed by Judge Robert N. Scola, Jr on 1/11/2023. See attached document for full details.
01/10/2023 MOTION to Adopt/Join [55] Amended Complaint/Amended Notice of Removal,, Defendant's MOTION TO DISMISS [55] Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM (Responses due by 1/24/2023) by 7500 Enterprises LLC, Everlast Lubricants LLC, Carlo M Ribera. Attorney Alejandro Francisco Hoyos added to party 7500 Enterprises LLC(pty:dft), Attorney Alejandro Francisco Hoyos added to party Everlast Lubricants LLC(pty:dft), Attorney Alejandro Francisco Hoyos added to party Carlo M Ribera(pty:dft).
01/10/2023 ANSWER and Affirmative Defenses to Amended Complaint [ECF55] by AMV Enterprises, Inc.
01/09/2023 Joint SCHEDULING REPORT - Rule 26(f) by Exxon Mobil Corporation
01/03/2023 Scheduling Order and Order of Referral to Mediation: Mediation Deadline 9/5/2023. Jury Trial set for 12/4/2023 in Miami Division before Judge Robert N. Scola Jr. Calendar Call set for 11/28/2023 9:00 AM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 1/3/2023. See attached document for full details. (scn) 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.
12/27/2022 PAPERLESS ORDER: denying as moot 45 and 49, the Defendants' motions to dismiss. The Plaintiff's amended complaint moots the motions to dismiss the prior pleading. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr.
12/27/2022 AMENDED COMPLAINT FOR TRADEMARK INFRINGEMENT AND COUNTERFEITING against 7500 Enterprises LLC, AMV Enterprises, Inc., Everlast Lubricants LLC, Jose Martinez, Carlo M Ribera, filed by Exxon Mobil Corporation.
附件:
1:Exhibit
2:Exhibit
3:Exhibit
4:Exhibit
5:Exhibit
6:Exhibit
7:Exhibit
8:(Exhibit)
12/27/2022 PAPERLESS ORDER: granting Plaintiff ExxonMobil Corporation's motion for leave to amend case caption. 53. The Plaintiff may amend the case caption in its amended complaint to conform with the proposed amended caption the Plaintiff offers in the motion. Consistent with Federal Rule of Civil Procedure 15 and Local Rule 15.1, the Plaintiff must separately file its amended complaint with the amended case caption no later than December 27, 2022. Signed by Judge Robert N. Scola, Jr.
12/23/2022 Unopposed MOTION to Amend/Correct Case Caption by Exxon Mobil Corporation. Responses due by 1/6/2023
12/19/2022 Reset Deadline per DE#52 as to 49 Defendant's MOTION to Dismiss 1 Complaint. Responses due by 12/27/2022.
12/19/2022 PAPERLESS ORDER: granting the Plaintiff's unopposed motion for extension of time to respond to Defendant Jose Martinez's motion to dismiss. 51. The Plaintiff shall respond to the motion no later than December 27, 2022. Signed by Judge Robert N. Scola, Jr.
12/19/2022 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 49 Defendant's MOTION to Dismiss 1 Complaint, by Exxon Mobil Corporation.
12/19/2022 Reset Deadline per DE#52 as to [49] Defendant's MOTION to Dismiss [1] Complaint. Responses due by 12/27/2022.
12/09/2022 First REPLY to 48 Response in Opposition to Motion to Dismiss Complaint by AMV Enterprises, Inc.
12/05/2022 Defendant's MOTION to Dismiss 1 Complaint, by Jose Martinez. Attorney Megan A Lazo added to party Jose Martinez(pty:dft). Responses due by 12/19/2022
12/05/2022 RESPONSE in Opposition re 45 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Exxon Mobil Corporation. Replies due by 12/12/2022.
12/02/2022 First Certificate of Other Affiliates/Corporate Disclosure Statement of Interested Parties by AMV Enterprises, Inc.
12/02/2022 First Corporate Disclosure Statement by AMV Enterprises, Inc.
11/21/2022 Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by AMV Enterprises, Inc. Attorney Alejandro Francisco Hoyos added to party AMV Enterprises, Inc.(pty:dft). Responses due by 12/5/2022
11/18/2022 Reset Response/Answer Due Deadline per DE#44: Jose Martinez's response/answer due 12/5/2022.
11/18/2022 PAPERLESS ORDER: granting Defendant Jose Martinez's unopposed motion for extension of time to respond to the complaint. 43. Defendant Martinez shall respond to the complaint no later than December 5, 2022. Signed by Judge Robert N. Scola, Jr.
11/17/2022 MOTION for Extension of Time to File Response/Reply/Answer by Jose Martinez.
11/17/2022 NOTICE by Jose Martinez. Attorney Miguel Armenteros added to party Jose Martinez(pty:dft).
10/26/2022 NOTICE of Change of Address, Email or Law Firm Name by Matthew Scott Nelles
10/07/2022 WAIVER OF SERVICE Returned Executed by Exxon Mobil Corporation. AMV Enterprises, Inc. waiver sent on 9/22/2022, response/answer due 11/21/2022; 7500 Enterprises LLC waiver sent on 9/22/2022, response/answer due 11/21/2022; Everlast Lubricants LLC waiver sent on 9/22/2022, response/answer due 11/21/2022; Carlo M Ribera waiver sent on 9/22/2022, response/answer due 11/21/2022.
09/29/2022 ORDER granting 7 Motion for Preliminary Injunction. Signed by Judge Robert N. Scola, Jr. on 9/28/2022. See attached document for full details.
09/23/2022 Stipulated Protective Order. Signed by Magistrate Judge Jonathan Goodman on 9/23/2022. See attached document for full details. (dw00)
09/23/2022 Paperless Order Concerning 31 Joint Motion for a Protective Order. The parties shall submit a word version of the Order to the Undersigned's efile inbox, as required by 12 the Discovery Procedures Order. Signed by Magistrate Judge Jonathan Goodman on 9/23/2022. (dw00)
09/22/2022 ORDER granting [35] Motion for Extension of Time to extend the Temporary Restraining Order. Signed by Judge Robert N. Scola, Jr on 9/22/2022. See attached document for full details.
09/22/2022 Unopposed MOTION for Extension of Time to Extend TRO [ECF 10] and re [30] Order on Motion for Extension of Time, by Exxon Mobil Corporation. Responses due by 10/6/2022
附件:
1:Text of Proposed Order
09/21/2022 Summons Issued as to The Individuals and Business Entities Identified on Schedule A.

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