Search
Patexia Research
Case number 1:21-cv-22785

Danilo Hospitality, LLC v. Batch, The Cookie Company LLC > Documents

Date Field Doc. No.Description (Pages)
Jun 21, 2022 48 Stipulation of Dismissal (1)
Docket Text: JOINT STIPULATION of Dismissal With Prejudice Jointly Agreed to by the Parties by Danilo Hospitality, LLC (Woodard, Jonathan)
May 11, 2022 47 Order Dismissing/Closing Case (1)
Docket Text: Order Administratively Closing Case upon Notice of Settlement. Motions terminated: [45] MOTION TO DISMISS, [44] Answer to Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM , and because the Amended Counterclaim constitutes an impermissible shotgun pleading filed by Danilo Hospitality, LLC. Signed by Judge Robert N. Scola, Jr on 5/10/2022. See attached document for full details. (pc)
May 10, 2022 46 Exhibit Decision in Ariza v. Farrey (1)
May 10, 2022 46 Main Document (3)
Docket Text: NOTICE of Settlement and Mediation Report by Danilo Hospitality, LLC (Attachments: # (1) Exhibit Decision in Ariza v. Farrey) (Woodard, Jonathan)
Apr 26, 2022 45 Motion to Dismiss for Failure to State a Claim (12)
Docket Text: MOTION TO DISMISS [44] Answer to Complaint, Counterclaim FOR FAILURE TO STATE A CLAIM , and because the Amended Counterclaim constitutes an impermissible shotgun pleading by Danilo Hospitality, LLC. Responses due by 5/10/2022 (Woodard, Jonathan)
Apr 12, 2022 44 Answer to Complaint (21)
Docket Text:Defendant's Amended ANSWER and Affirmative Defenses to Complaint and, Amended COUNTERCLAIM against Danilo Hospitality, LLC by Batch, The Cookie Company LLC. (Martin, Joshua)
Apr 12, 2022 N/A Order on Motion for Leave to File (0)
Docket Text: PAPERLESS ORDER: The Court grants [42] the Defendant's unopposed motion for leave to file an amended answer. The Defendant has presented good cause to amend outside the Court's deadline to do so and, importantly, the parties are in agreement. The Court also grants the parties' concomitant request that the Plaintiff be afforded an extension of time to respond to the Defendant's amended pleading. The Plaintiff must file its response on or before April 26, 2022. Consistent with Local Rule 15.1, the Defendant must separately refile its amended answer immediately. Signed by Judge Robert N. Scola, Jr. (kbe)
Apr 11, 2022 42 Text of Proposed Order (1)
Apr 11, 2022 42 Exhibit A (22)
Apr 11, 2022 42 Main Document (5)
Docket Text: Defendant's MOTION for Leave to File an Amended Answer, Affirmative Defenses, and Counterclaim by Batch, The Cookie Company LLC. (Attachments: # (1) Exhibit A, # (2) Text of Proposed Order)(Martin, Joshua)
Mar 28, 2022 41 ORDER Scheduling Mediation (1)
Docket Text: ORDER Scheduling Mediation before Harry R. Schafer. Mediation Hearing set for 5/2/2022. Signed by Judge Robert N. Scola, Jr on 3/25/2022. See attached document for full details. (drz)
Mar 23, 2022 40 Notice of Entry of Parties Listed into CM/ECF (1)
Docket Text: 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): Harry R. Schafer. (Mendez, Meredith)
Mar 23, 2022 N/A Clerk's Notice of Docket Correction and Instruction to Filer - Attorney (0)
Docket Text: Clerks Notice to Filer re [38] Notice of Mediator Selection and/or Hearing,. Mediator Not Added; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (drz)
Mar 23, 2022 38 Text of Proposed Order Order Scheduling Mediation (1)
Mar 23, 2022 38 Main Document (1)
Docket Text: NOTICE of Mediator Selection and Hearing. Harry R. Schafer Selected/Added Danilo Hospitality, LLC as Mediator. Mediation Hearing set for 5/2/2022 at 10:00 a.m.. (Attachments: # (1) Text of Proposed Order Order Scheduling Mediation)(Mendez, Meredith)
Mar 21, 2022 37 Answer to Complaint (21)
Docket Text: ANSWER and Affirmative Defenses to Complaint , Defendant's COUNTERCLAIM against Danilo Hospitality, LLC by Batch, The Cookie Company LLC. (Martin, Joshua)
Mar 10, 2022 N/A Set/Reset Deadlines (0)
Docket Text: Reset Answer Due Deadline: Batch, The Cookie Company LLC answer due 3/21/2022 per Order DE#[36]. (drz)
Mar 9, 2022 N/A Order on Motion for Extension of Time to File Response/Reply/Answer (0)
Docket Text: PAPERLESS ORDER: The Court grants [35] the Defendant's unopposed motion for an extension of time to respond to the complaint. The Defendant must file its answer on or before March 21, 2022. Signed by Judge Robert N. Scola, Jr. (kbe)
Mar 9, 2022 35 Text of Proposed Order (1)
Mar 9, 2022 35 Main Document (4)
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Batch, The Cookie Company LLC. (Attachments: # (1) Text of Proposed Order)(Martin, Joshua)
Mar 4, 2022 34 Order on Motion to Dismiss for Failure to State a Claim (12)
Docket Text: ORDER denying [14] Motion to Dismiss. Signed by Judge Robert N. Scola, Jr on 3/4/2022. See attached document for full details. (drz)
Mar 4, 2022 N/A Set/Reset Deadlines (0)
Docket Text: Reset Answer Due Deadline PER ORDER DE#[34] : Batch, The Cookie Company LLC response/answer due 3/14/2022. (drz)
Feb 14, 2022 33 Notice of Ninety Days Expiring (3)
Docket Text: Notice of Ninety Days Expiring by Danilo Hospitality, LLC re [14] Defendant's MOTION TO DISMISS [1] Complaint, FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by Batch, The Cookie Company LLC (Woodard, Jonathan)
Jan 20, 2022 N/A Order (0)
Docket Text: PAPERLESS ORDER: The Court vacates [31] its order requiring the parties to submit their joint-interim-status report. Because the parties labeled their status report as a "notice of compliance," rather than as a status report, it was overlooked. The Court, therefore, acknowledges timely receipt of the report and retracts [31] its order to the contrary. Signed by Judge Robert N. Scola, Jr. (kbe)
Jan 20, 2022 N/A Order (0)
Docket Text: VACATED PER DE 32.. PAPERLESS ORDER requiring the parties to file their joint interim status report. Previously the Court ordered the parties to file a status report by January 18, 2022. To date, the parties have not filed the report. The Court orders the parties to submit their joint interim status report by January 25, 2022. Future violations of the Court's orders may result in sanctions, up to and including the striking of a party's pleadings or dismissal of this case. Cf. Powell v. Siegal, 447 F. App'x 92, 94 (11th Cir. 2011). ("Rule 16(f) authorizes a court to impose sanctions, including dismissal under Rule 37(b)(2)(A)(v), if a party fails to obey a pretrial order.") Signed by Judge Robert N. Scola, Jr. (kbe) Modified on 1/20/2022 (lbc).
Jan 19, 2022 30 Protective Order (13)
Docket Text: STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/19/2022. See attached document for full details. (mkr)
Jan 19, 2022 N/A Order on Motion to Withdraw as Attorney (0)
Docket Text: PAPERLESS ORDER: The Court grants [28] counsel Sanford R. Topkin's motion to withdraw from his representation of Defendant Batch, The Cookie Company, LLC. The Defendant will continue to be represented all other counsel of record. The Clerk is directed to terminate attorney Sanford R. Topkin from this case. Signed by Judge Robert N. Scola, Jr. (kbe)
Jan 19, 2022 28 Motion to Withdraw as Attorney (2)
Docket Text: MOTION to Withdraw as Attorney of Record for Defendant by Sanford R. Topkin for / by Batch, The Cookie Company LLC. Responses due by 2/2/2022 (Topkin, Sanford)
Jan 18, 2022 27 Notice of Compliance (4)
Docket Text: NOTICE of Compliance by the Parties in submitting their Joint Interim Status Report by Danilo Hospitality, LLC re [23] Scheduling Order,,, Order Referring Case to Mediation,, (Woodard, Jonathan)
Jan 18, 2022 26 Exhibit A: Protective Order (10)
Jan 18, 2022 26 Main Document (2)
Docket Text: NOTICE by Danilo Hospitality, LLC and Batch, The Cookie Company, LLC of a Proposed and Stipulated Protective Order (Attachments: # (1) Exhibit A: Protective Order) (Woodard, Jonathan)
Dec 20, 2021 25 Notice (Other) (1)
Docket Text: NOTICE by Batch, The Cookie Company LLC Designation of E-Mail Addresses (Topkin, Sanford)
Dec 20, 2021 24 Notice of Attorney Appearance (1)
Docket Text: NOTICE of Attorney Appearance by Sanford Roy Topkin on behalf of Batch, The Cookie Company LLC. Attorney Sanford Roy Topkin added to party Batch, The Cookie Company LLC(pty:dft). (Topkin, Sanford)
Oct 25, 2021 23 Scheduling Order (7)
Docket Text: SCHEDULING ORDER: ( Jury Trial set for 10/3/2022 before Judge Robert N. Scola Jr.., Calendar Call set for 9/27/2022 09:00 AM in Miami Division before Judge Robert N. Scola Jr..)and ORDER of Referral to Mediation. ( Mediation Deadline 6/14/2022.) Signed by Judge Robert N. Scola, Jr on 10/22/2021. See attached document for full details. (drz)

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.
Oct 19, 2021 22 Response in Support of Motion (13)
Docket Text: RESPONSE in Support re [14] Defendant's MOTION TO DISMISS [1] Complaint, FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by Batch, The Cookie Company LLC. (Martin, Joshua)
Oct 12, 2021 21 Response in Opposition to Motion (22)
Docket Text: RESPONSE in Opposition re [14] Defendant's MOTION TO DISMISS [1] Complaint, FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by Danilo Hospitality, LLC. Replies due by 10/19/2021. (Mendez, Meredith)
Oct 12, 2021 20 SCHEDULING REPORT - Rule 26(f)/16.1 (4)
Docket Text: Joint SCHEDULING REPORT - Rule 16.1 by Danilo Hospitality, LLC (Mendez, Meredith)
Sep 24, 2021 N/A Order on Motion to Appear Pro Hac Vice (0)
Docket Text: PAPERLESS ORDER: The Court grants [17] and [18] counsel's motions to appear pro hac vice. Attorneys Andrew August and Robert C. Holtzapple, both of the law firm of Epstein + Holtzapple LLP, are given permission to appear and participate in this matter on behalf of the Defendant.

The Clerk is directed to provide these attorneys with notification of all electronic filings via the email addresses set forth in the motions. Signed by Judge Robert N. Scola, Jr. (kbe)

Sep 22, 2021 18 Text of Proposed Order (1)
Sep 22, 2021 18 Certification of Robert Holtzapple (2)
Sep 22, 2021 18 Main Document (4)
Docket Text: First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert Holtzapple. Filing Fee $ 200.00 Receipt # AFLSDC-15035684 by Batch, The Cookie Company LLC. Responses due by 10/6/2021 (Attachments: # (1) Certification of Robert Holtzapple, # (2) Text of Proposed Order)(Martin, Joshua)
Sep 22, 2021 17 Text of Proposed Order (1)
Sep 22, 2021 17 Certification of Andrew August (2)
Sep 22, 2021 17 Main Document (4)
Docket Text: First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew August. Filing Fee $ 200.00 Receipt # AFLSDC-15035642 by Batch, The Cookie Company LLC. Responses due by 10/6/2021 (Attachments: # (1) Certification of Andrew August, # (2) Text of Proposed Order)(Martin, Joshua)
Sep 21, 2021 N/A Order on Motion for Extension of Time to File Response/Reply/Answer (0)
Docket Text: PAPERLESS ORDER: The Court grants [15] the Plaintiff's unopposed motion for an extension of time to respond to the Defendant's motion to dismiss. The Plaintiff must respond to the motion on or before October 13, 2021. Signed by Judge Robert N. Scola, Jr. (kbe)
Sep 21, 2021 15 Text of Proposed Order (1)
Sep 21, 2021 15 Main Document (3)
Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [14] Defendant's MOTION TO DISMISS [1] Complaint, FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Danilo Hospitality, LLC. (Attachments: # (1) Text of Proposed Order)(Woodard, Jonathan)
Sep 15, 2021 14 Exhibit USPTO Search (6)
Sep 15, 2021 14 Main Document (26)
Docket Text: Defendant's MOTION TO DISMISS [1] Complaint, FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Batch, The Cookie Company LLC. Responses due by 9/29/2021 (Attachments: # (1) Exhibit USPTO Search)(Martin, Joshua)
Sep 1, 2021 N/A Order on Motion for Extension of Time (0)
Docket Text: PAPERLESS ORDER: The Court grants [12] the Defendant's second unopposed motion for an extension of time to respond to the complaint. The Defendant must respond to the complaint on or before September 15, 2021. Further extensions of this deadline are unlikely to be granted absent particularly extenuating circumstances. Signed by Judge Robert N. Scola, Jr. (kbe)
Aug 31, 2021 12 Text of Proposed Order (1)
Aug 31, 2021 12 Main Document (4)
Docket Text: Unopposed MOTION for Extension of Time To respond to Complaint by Batch, The Cookie Company LLC. Responses due by 9/14/2021 (Attachments: # (1) Text of Proposed Order)(Martin, Joshua)
Aug 24, 2021 N/A Order on Motion for Extension of Time to File Response/Reply/Answer (0)
Docket Text: PAPERLESS ORDER: The Court grants [10] the Defendant's unopposed motion for an extension of time to respond to the complaint. The Defendant must file its response to the complaint on or before September 8, 2021. Signed by Judge Robert N. Scola, Jr. (kbe)
Aug 24, 2021 10 Text of Proposed Order (1)
Aug 24, 2021 10 Main Document (4)
Docket Text: MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint, by Batch, The Cookie Company LLC. Attorney Joshua David Martin added to party Batch, The Cookie Company LLC(pty:dft). (Attachments: # (1) Text of Proposed Order)(Martin, Joshua)
Aug 18, 2021 9 Summons Returned Executed (1)
Docket Text: SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Danilo Hospitality, LLC. Batch, The Cookie Company LLC served on 8/4/2021, answer due 8/25/2021. (Mendez, Meredith)
Aug 6, 2021 N/A Clerk's Notice of Docket Correction - Chambers and Clerks (0)
Docket Text: Clerks Notice of Docket Correction re [7] Order. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 21-22805-CIV-SCOLA. (fbn)
Aug 6, 2021 6 Order (11)
Docket Text: MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/6/2021. See attached document for full details. (fbn)
Aug 5, 2021 5 Order of Requirements (4)
Docket Text: Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 8/5/2021. See attached document for full details. (drz)
Aug 2, 2021 4 Supplement Complaint and Exhibits (31)
Aug 2, 2021 4 Main Document (1)
Docket Text: FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # (1) Supplement Complaint and Exhibits) (jao)
Aug 2, 2021 3 Summons Issued (1)
Docket Text: Summons Issued as to Batch, The Cookie Company LLC. (jao)
Jul 30, 2021 N/A Clerk's Notice of Judge Assignment (0)
Docket Text: Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr.

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.

Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jao)

Jul 30, 2021 1 Exhibit A: Trademark Registration (3)
Jul 30, 2021 1 Summon(s) (1)
Jul 30, 2021 1 Civil Cover Sheet (2)
Jul 30, 2021 1 Main Document (28)
Docket Text: COMPLAINT against Batch, The Cookie Company LLC. Filing fees $ 402.00 receipt number AFLSDC-14889328, filed by Danilo Hospitality, LLC. (Attachments: # (1) Civil Cover Sheet, # (2) Summon(s), # (3) Exhibit A: Trademark Registration)(Woodard, Jonathan)
Menu