Case number 1:17-cv-22518
Sream, Inc. v. MLF Tobacco Shop, LLC > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 24, 2018 | 43 | Order Dismissing/Closing Case (1) Docket Text: Order of Dismissal; Closing Case. Signed by Judge Robert N. Scola, Jr on 8/23/2018. See attached document for full details. (vmz) |
| Aug 23, 2018 | 42 | Stipulation of Dismissal (2) Docket Text: STIPULATION of Dismissal by Sream, Inc. (Sasson, Jamie) |
| Aug 21, 2018 | N/A | Set/Reset Deadlines (0) Docket Text: PAPERLESS ORDER requiring the parties to file their joint pretrial stipulations. This case is set for calendar call on September 11, 2018, with trial scheduled for the two week period commencing on September 17, 2018. The trial date in this case is fast approaching, and the Court previously ordered the parties to file their joint pretrial stipulations by August 20, 2018 [17]. To date, the parties have not filed their stipulations. The Court orders the parties to submit their joint pretrial stipulations by August 24, 2018. 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. on 8/21/2018. Signed by Judge Robert N. Scola, Jr. on 8/21/2018. (zlz) |
| Apr 6, 2018 | 41 | Mediation Report (2) Docket Text: FINAL MEDIATION REPORT by Robyn S. Hankins. Disposition: Case did not settle.(Hankins, Robyn) |
| Mar 19, 2018 | 40 | Stipulation (4) Docket Text: STIPULATION of Confidentiality Agreement by Sream, Inc. (Sasson, Jamie) |
| Mar 2, 2018 | 39 | ORDER Scheduling Mediation (1) Docket Text: ORDER Scheduling Mediation before Robyn S. Hankins Mediation Hearing set for 4/6/2018 10:00 AM Signed by Judge Robert N. Scola, Jr on 3/1/2018. (vmz) |
| Feb 28, 2018 | 38 | Text of Proposed Order Order Scheduling Mediation (1) |
| Feb 28, 2018 | 38 | Main Document (2) Docket Text: NOTICE of Mediator Hearing. Mediation Hearing set for 4/6/2018 at 10:00 a.m.. (Attachments: # (1) Text of Proposed Order Order Scheduling Mediation)(Sasson, Jamie) |
| Feb 12, 2018 | 37 | Order (1) Docket Text: Order Of Dismissal of Count 1 Signed by Judge Robert N. Scola, Jr on 2/9/2018. (vmz) |
| Feb 9, 2018 | 36 | Stipulation of Dismissal (2) Docket Text: STIPULATION of Dismissal of Count I Without Prejudice by MLF Tobacco Shop, LLC (Minerley, Kenneth) |
| Jan 23, 2018 | 35 | Clerk's Appointment of Mediator (1) Docket Text: Clerk's Appointment of Mediator: Robyn S. Hankins added (pt) |
| Jan 23, 2018 | 34 | Request for Clerk to Appoint Mediator (2) Docket Text: Request for Clerk to Appoint Mediator(Sasson, Jamie) |
| Jan 9, 2018 | 33 | Status Report (4) Docket Text: STATUS REPORT Joint Interim by Sream, Inc. (Sasson, Jamie) |
| Jan 4, 2018 | N/A | Order (0) Docket Text: 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 3, 2018. To date, the parties have not filed the report. The Court orders the parties to submit their Joint Interim Status Report by January 10, 2017. 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. Appx 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. (ak02) |
| Jan 4, 2018 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Reset Deadlines per [32] Order. Status Report due by 1/10/2018. (asl) |
| Dec 12, 2017 | N/A | Order on Motion to Strike (0) Docket Text: ORDER granting in part and denying in part [23] Motion to Strike Affirmative Defenses. Defendant concedes that the thirteenth affirmative defense is a general denial and may be stricken. The motion is thus Granted as to this defense and the thirteenth affirmative defense is STRICKEN. As for the fifteenth and sixteenth affirmative defenses related to lack of standing, there are good arguments to be made on both sides of the issue. As a result, it is this Court's practice to allow such standing defenses to be pleaded as affirmative defenses, especially given their implications for the Court's subject matter jurisdiction. Moreover, orders striking defenses should also be sparingly entered. See, e.g., Katz v. Chevaldina, 2013 WL 2147156, at *2 (S.D. Fla. May 15, 2013) (citations omitted); Pandora Jewelers 1995, Inc. v. Pandora Jewelry, LLC, 2010 WL 5393265, at *1 (S.D. Fla. Dec. 21, 2010) ("Motions to strike are generally disfavored and are usually denied unless the allegations have no possible relation to the controversy and may cause prejudice to one of the parties") (internal quotations omitted). Accordingly, given the lack of demonstrable prejudice to Plaintiff in allowing such defenses to be pleaded, defendant's opposition to an order striking the defenses as denials is more persuasive in this case. The motion to strike is thus Denied as to these defenses. Docket Order Signed by Magistrate Judge Edwin G. Torres on 12/12/2017. (EGT) |
| Dec 7, 2017 | 30 | Reply to Response to Motion (4) Docket Text: REPLY to Response to Motion re [23] Plaintiff's MOTION to Strike [21] Answer to Complaint and Amended Affirmative Defenses filed by Sream, Inc.. (Sasson, Jamie) |
| Dec 7, 2017 | N/A | Order Striking (0) Docket Text: PAPERLESS ORDER: The Court strikes [28]. The Local Rules specifically provide that "[i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; and (5) notices of taking depositions or notices of serving subpoenas." S.D. Fla. L.R. 26.1(b). Therefore, the filing of these materials at this time is improper. Signed by Judge Robert N. Scola, Jr. (ak02) |
| Dec 6, 2017 | 28 | Initial Disclosure(s) (5) Docket Text: (STRICKEN PER DE#29)Initial Disclosure(s) of Rule 26(a)(1) by Sream, Inc. (Sasson, Jamie)Text Modified on 12/8/2017 (cqs). |
| Dec 6, 2017 | 27 | Certificate of Other Affiliates/Corporate Disclosure Statement (3) Docket Text: Certificate of Interested Parties by Sream, Inc. identifying Other Affiliate Jarir Farraj for Sream, Inc. (Sasson, Jamie) |
| Dec 6, 2017 | 26 | Witness List (3) Docket Text: Witness List Fact by Sream, Inc... (Sasson, Jamie) |
| Dec 1, 2017 | 25 | Response in Opposition to Motion (3) Docket Text: RESPONSE in Opposition re [23] Plaintiff's MOTION to Strike [21] Answer to Complaint and Amended Affirmative Defenses filed by MLF Tobacco Shop, LLC. Replies due by 12/8/2017. (Minerley, Kenneth) |
| Nov 20, 2017 | 24 | Order Referring Motion (1) Docket Text: ORDER REFERRING [23] Plaintiff's MOTION to Strike [21] Answer to Complaint and Amended Affirmative Defenses filed by Sream, Inc.. Motions referred to Judge Edwin G. Torres Signed by Judge Robert N. Scola, Jr on 11/20/2017. (vmz) |
| Nov 17, 2017 | 23 | Text of Proposed Order proposed Order on Motion to Strike (1) |
| Nov 17, 2017 | 23 | Main Document (7) Docket Text: Plaintiff's MOTION to Strike [21] Answer to Complaint and Amended Affirmative Defenses by Sream, Inc.. Responses due by 12/1/2017 (Attachments: # (1) Text of Proposed Order proposed Order on Motion to Strike)(Sasson, Jamie) |
| Nov 14, 2017 | 22 | Certificate of Other Affiliates/Corporate Disclosure Statement (2) Docket Text: Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Sream, Inc. (Sasson, Jamie) |
| Nov 3, 2017 | 21 | Answer to Complaint (8) Docket Text:Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand Amended Affirmative Defenses by MLF Tobacco Shop, LLC. (Minerley, Kenneth) |
| Nov 1, 2017 | N/A | Order on Motion for Leave to File (0) Docket Text: PAPERLESS ORDER: The Court grants [19] the Defendant's unopposed motion for leave to file its answer and amended affirmative defenses. The Defendant shall separately refile the amended pleading pursuant to Local Rule 15.1 on or before November 3, 2017. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Robert N. Scola, Jr. (ak02) |
| Nov 1, 2017 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Set Deadlines Per DE#20. Amended Pleadings due by 11/3/2017. (cqs) |
| Oct 31, 2017 | 19 | Text of Proposed Order (1) |
| Oct 31, 2017 | 19 | Exhibit 1 (8) |
| Oct 31, 2017 | 19 | Main Document (3) Docket Text: Unopposed MOTION for Leave to File Answer and Amended Affirmative Defenses by MLF Tobacco Shop, LLC. Attorney Ashley Darnelle Williams added to party MLF Tobacco Shop, LLC(pty:dft). (Attachments: # (1) Exhibit 1, # (2) Text of Proposed Order)(Williams, Ashley) |
| Oct 24, 2017 | 18 | Order on Motion to Strike (4) Docket Text: Order on Plaintiffs Motion to Strike denying [14] Motion to Strike. Signed by Judge Robert N. Scola, Jr on 10/24/2017. (lan) |
| Sep 27, 2017 | 17 | Scheduling Order (8) Docket Text: SCHEDULING ORDER: ( Jury Trial set for 9/17/2018 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 9/11/2018 09:00 AM in Miami Division before Judge Robert N. Scola Jr.., Amended Pleadings due by 11/1/2017., Expert Discovery due by 7/5/2018., Fact Discovery due by 5/2/2018., Joinder of Parties due by 11/1/2017., In Limine Motions due by 7/17/2018., Dispositive Motions due by 5/16/2018., Motions due by 7/17/2018., Pretrial Stipulation due by 8/20/2018., Status Report due by 1/3/2018.), ORDER REFERRING CASE to Mediation. Mediation Deadline 5/30/2018. Signed by Judge Robert N. Scola, Jr on 9/27/2017. (lan) 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. |
| Sep 21, 2017 | 16 | Reply to Response to Motion (5) Docket Text: REPLY to Response to Motion re [14] Plaintiff's MOTION to Strike [9] Answer to Complaint Affirmative Defenses filed by Sream, Inc.. (Sasson, Jamie) |
| Sep 15, 2017 | 15 | Response in Opposition to Motion (3) Docket Text: RESPONSE in Opposition re [14] Plaintiff's MOTION to Strike [9] Answer to Complaint Affirmative Defenses filed by MLF Tobacco Shop, LLC. Replies due by 9/22/2017. (Minerley, Kenneth) |
| Sep 1, 2017 | 14 | Text of Proposed Order Order on Motion to Strike Affirmative Defenses (1) |
| Sep 1, 2017 | 14 | Main Document (6) Docket Text: Plaintiff's MOTION to Strike [9] Answer to Complaint Affirmative Defenses by Sream, Inc.. Responses due by 9/15/2017 (Attachments: # (1) Text of Proposed Order Order on Motion to Strike Affirmative Defenses)(Sasson, Jamie) |
| Aug 25, 2017 | 13 | Notice (Other) (2) Docket Text: NOTICE by Sream, Inc. of Removal of Attorney (Sasson, Jamie) |
| Aug 25, 2017 | 12 | Notice of Attorney Appearance (2) Docket Text: NOTICE of Attorney Appearance by Jamie Alan Sasson on behalf of Sream, Inc.. Attorney Jamie Alan Sasson added to party Sream, Inc.(pty:pla). (Sasson, Jamie) |
| Aug 25, 2017 | 11 | Jury Demand (1) Docket Text: DEMAND for Trial by Jury by MLF Tobacco Shop, LLC (Minerley, Kenneth) |
| Aug 22, 2017 | 10 | Certificate of Other Affiliates/Corporate Disclosure Statement (1) Docket Text: Corporate Disclosure Statement by MLF Tobacco Shop, LLC (Minerley, Kenneth) |
| Aug 22, 2017 | 9 | Answer to Complaint (7) Docket Text:Defendant's ANSWER and Affirmative Defenses to Complaint by MLF Tobacco Shop, LLC. (Minerley, Kenneth) |
| Aug 4, 2017 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER: The Court grants the Defendant's [7] unopposed motion for extension of time to respond to the complaint. The Defendant's response to the complaint is due on or before August 23, 2017. Signed by Judge Robert N. Scola, Jr. on 8/4/17. (ars) |
| Aug 3, 2017 | 7 | Text of Proposed Order (1) |
| Aug 3, 2017 | 7 | Main Document (2) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint, by MLF Tobacco Shop, LLC. Attorney Kenneth Louis Minerley added to party MLF Tobacco Shop, LLC(pty:dft). (Attachments: # (1) Text of Proposed Order)(Minerley, Kenneth) |
| Jul 17, 2017 | 6 | Notice of Court Practice/to Appear/Other (7) Docket Text: Notice of Court Practice re Order Setting Discovery Procedures. Signed by Magistrate Judge Edwin G. Torres on 7/17/2017. (EGT) |
| Jul 7, 2017 | 5 | Order (4) Docket Text: Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To The Magistrate Judge Edwin G. Torres for Discovery Matters Signed by Judge Robert N. Scola, Jr on 7/6/2017. (lan) |
| Jul 6, 2017 | 4 | Exhibit (17) |
| Jul 6, 2017 | 4 | Main Document (1) Docket Text: FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # (1) Exhibit) (rms1) |
| Jul 6, 2017 | 3 | Summons Issued (1) Docket Text: Summons Issued as to MLF Tobacco Shop, LLC. (rms1) |
| Jul 6, 2017 | 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 Edwin G. Torres 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. (rms1) |
| Jul 6, 2017 | 1 | Summon(s) (1) |
| Jul 6, 2017 | 1 | Civil Cover Sheet (1) |
| Jul 6, 2017 | 1 | Exhibit D (1) |
| Jul 6, 2017 | 1 | Exhibit C (7) |
| Jul 6, 2017 | 1 | Exhibit B (26) |
| Jul 6, 2017 | 1 | Exhibit A (6) |
| Jul 6, 2017 | 1 | Main Document (17) Docket Text: COMPLAINT against MLF Tobacco Shop, LLC. Filing fees $ 400.00 receipt number 113C-9866660, filed by Sream, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet, # (6) Summon(s))(McCoy, Amanda) |
