Naked Whey, Inc. v. N8ked Brands Inc.

Florida Southern District Court
Judge:	Darrin P Gayles
Referred:	Edwin G Torres
Case #:	1:21-cv-21366
Nature of Suit	840 Property Rights - Trademark
Cause	15:1114 Trademark Infringement

Case Filed:	Apr 08, 2021
Terminated:	Feb 28, 2022

Docket
Parties (2)

Last checked: Tuesday Oct 05, 2021 4:37 AM EDT

Defendant N8ked Brands Inc.	Represented By Susan Joy Latham Feldman & Latham, LLP contact info
Plaintiff Naked Whey, Inc.	Represented By Cynthia A. Gierhart Holland & Knight LLP contact info Matthew David Grosack Holland & Knight LLP contact info Alec Michael Puig Holland And Knight contact info R. David Donoghue Holland & Knight LLP contact info

Docket last updated: 3 hours ago

Wednesday, March 09, 2022
		order Order on Motion for Bill of Costs Wed 03/09 5:09 PM PAPERLESS ORDER granting Plaintiff's48 Bill of Costs. Plaintiff shall recover from Defendant N8ked Brands Inc. $402.00 in costs. Signed by Judge Darrin P. Gayles on 3/9/2022. (jsi) Related: [-]
Friday, March 04, 2022
48		48 motion Bill of Costs Fri 03/04 7:17 PM Plaintiff's MOTION for Bill of Costs by Naked Whey, Inc.. Responses due by 3/18/2022 (Grosack, Matthew) Related: [-]
Monday, February 28, 2022
47		47 order Judgment - Default ~Util - Terminate Deadlines and Hearings ~Util - Terminate Motions ~Util - Set Response/Answer Due Deadline Mon 02/28 1:26 PM FINAL DEFAULT JUDGMENT in favor of Plaintiff Naked Whey, Inc. and against Defendant N8ked Brands Inc. This case is CLOSED . Signed by Judge Darrin P. Gayles on 2/28/2022. See attached document for full details. (jsi) Related: [-]
Tuesday, February 15, 2022
46		46 motion Default Judgment Tue 02/15 6:48 PM Plaintiff's MOTION for Default Judgment Against N8ked Brands Inc. by Naked Whey, Inc.. (Grosack, Matthew) Related: [-]
Wednesday, February 02, 2022
45		45 order Courts Entry of Default ~Util - Terminate Motions ~Util - Set/Reset Deadlines Wed 02/02 5:42 PM ORDER granting42 Plaintiff's Renewed Motion for Entry of Default. A DEFAULT is hereby entered against Defendant N8ked Brands, Inc. Plaintiff shall file a Motion for Entry of Final Default Judgment against Defendant within 14 days of this Order. Defendant's20 Motion to Dismiss for Failure to State a Claim Upon Which Relief May be Granted; and, Alternatively, Motion to Strike Certain Prayers for Relief is DENIED as moot . Signed by Judge Darrin P. Gayles on 2/2/2022. See attached document for full details. (jsi) Related: [-]
44		44 notice Notice (Other) Wed 02/02 4:03 PM CLERK'S NOTICE of Filing E-Mail received from David Whalen (ra) Related: [-]
		Att: 1 Attachments,
		Att: 2 Attachments,
		Att: 3 Attachments,
		Att: 4 Attachments
43		43 notice Notice (Other) Wed 02/02 3:48 PM CLERK'S NOTICE Notice of Filing E-Mail received from David Whalen. (ra) (Main Document 43 replaced on 2/2/2022) (ra) Related: [-]
Thursday, January 20, 2022
42		42 motion Clerks Entry of Default Thu 01/20 2:04 PM Renewed MOTION for Clerks Entry of Default as to N8ked Brands Inc. by Naked Whey, Inc.. (Grosack, Matthew) Related: [-]
Tuesday, January 18, 2022
		order Order on Motion for Clerks Entry of Default - FORM Tue 01/18 5:25 PM PAPERLESS ORDER denying40 Motion for Entry of Default. Although the motion may be well taken on the merits, it is procedurally defective. Accordingly it is Denied with leave to renew. The motion fails to include any certificate of conferral, which is particularly relevant given the nature of the motion and the Defendant's current pro se status. Relatedly, the motion fails to include a certificate of service that shows that Defendant received notice of the filing of the motion. For due process purposes, the Court cannot grant relief on the motion as it currently stands. Thus the motion may be renewed if these deficiencies are cured, and in the event that Defendant does not comply with the Court's Order directing Defendant to retain substitute counsel in the intervening time period. Signed by Ch. Magistrate Judge Edwin G. Torres on 1/18/2022. (EGT) Related: [-]
Monday, January 17, 2022
40		40 motion Clerks Entry of Default Mon 01/17 6:53 PM Plaintiff's MOTION for Clerks Entry of Default as to N8ked Brands Inc. by Naked Whey, Inc.. (Grosack, Matthew) Related: [-]
Friday, December 17, 2021
39		39 respm Response to Motion Fri 12/17 2:51 PM RESPONSE to Motion re37 MOTION for Extension of Time to Obtain new Council filed by Naked Whey, Inc.. Replies due by 12/27/2021. (Grosack, Matthew) Related: [-]
Tuesday, December 14, 2021
37		37 motion Extension of Time Tue 12/14 3:00 PM MOTION for Extension of Time to Obtain New Council by N8ked Brands Inc. Responses due by 12/28/2021 (ra) Related: [-]
		order Order on Motion for Extension of Time Tue 12/14 3:50 PM PAPERLESS ORDER granting Defendant's37 Request for Extension of Time to obtain new counsel. Defendant shall obtain new counsel on or before January 14, 2022 . Failure to do so will result in a default being entered against Defendant. Signed by Judge Darrin P. Gayles on 12/14/2021. (jsi) Related: [-]
Monday, December 06, 2021
		order Order Referring Case to Magistrate Judge Order Referring Motion Mon 12/06 8:05 PM PAPERLESS ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. Signed by Judge Darrin P. Gayles on 12/6/2021. (jsi) Related: [-]
Thursday, November 11, 2021
		order Order on Motion to Withdraw as Attorney Thu 11/11 10:02 AM PAPERLESS ORDER granting33 Motion to Withdraw from Representation. Attorney Susan Joy Latham is terminated as counsel for Defendant N8ked Brands Inc. Defendant N8ked Brands Inc. shall obtain counsel on or before December 13, 2021 . Failure to do so will result in a default being entered against Defendant. Signed by Judge Darrin P. Gayles on 11/11/2021. (jsi) Related: [-]
Wednesday, November 10, 2021
34		34 misc Supplement Wed 11/10 12:24 PM SUPPLEMENT to33 MOTION to Withdraw as Attorney by Susan J. Latham for / (Supplement Per Local Rule 11(d)(3)(A) by N8ked Brands Inc. (Latham, Susan) Related: [-]
Wednesday, November 03, 2021
33		33 motion Withdraw as Attorney Wed 11/03 4:34 PM MOTION to Withdraw as Attorney by Susan J. Latham for / by N8ked Brands Inc.. Responses due by 11/17/2021(Latham, Susan) Related: [-]
		Att: 1 Text of Proposed Order
Tuesday, September 28, 2021
32		32 order - Order (PAPERLESS or pdf attached) Tue 09/28 11:28 AM ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 9/28/2021. See attached document for full details. (mdc) Related: [-]
Friday, September 17, 2021
31		31 order Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge Mon 09/20 8:16 AM SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Jury Trial set for 9/26/2022 before Judge Darrin P. Gayles., Calendar Call set for 9/21/2022 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 3/16/2022 10:00 AM before Judge Darrin P. Gayles. Mediation Deadline 2/15/2022. ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 9/17/2021. See attached document for full details. (scn) Related: [-]
Friday, September 03, 2021
30		30 misc Certificate of Other Affiliates/Corporate Disclosure Statement Fri 09/03 4:01 PM Plaintiff's Certificate of Other Affiliates [Certificate of Interested Parties] by Naked Whey, Inc. (Grosack, Matthew) Related: [-]
29		29 notice Notice of Striking Fri 09/03 3:58 PM NOTICE of Striking26 Certificate of Other Affiliates/Corporate Disclosure Statement filed by Naked Whey, Inc. on September 2, 2021 by Naked Whey, Inc. (Grosack, Matthew) Related: [-]
Thursday, September 02, 2021
27		27 misc Certificate of Other Affiliates/Corporate Disclosure Statement Thu 09/02 5:48 PM Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed and CERTIFICATE OF INTERESTED PARTIES by N8ked Brands Inc. (Latham, Susan) Related: [-]
26		26 misc Certificate of Other Affiliates/Corporate Disclosure Statement Thu 09/02 3:50 PM Certificate of Other Affiliates [Certificate of Interested Parties] by Naked Whey, Inc. (Puig, Alec) Related: [-]
25		25 misc Scheduling Report - Rule 26(f)/16.1 Thu 09/02 3:36 PM Joint SCHEDULING REPORT - Rule 16.1 by Naked Whey, Inc. (Puig, Alec) Related: [-]
		notice Clerks Notice of Docket Correction and Instruction to Filer - Attorney Fri 09/03 8:43 AM Clerks Notice to Filer re26 Certificate of Other Affiliates/Corporate Disclosure Statement. Login/Signature Block Violation ; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (scn) Related: [-]
Monday, August 23, 2021
24		24 respm Reply to Response to Motion Mon 08/23 11:06 PM Defendant's REPLY to Response to Motion re20 Defendant's MOTION TO DISMISS1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction1 Complaint, Motion to Dismiss Case as Frivolous1 Complaint, filed by N8ked Brands Inc.. (Latham, Susan) Related: [-]
		order Order on Motion for Extension of Time Mon 08/23 10:54 AM PAPERLESS ORDER granting22 Joint Motion for Leave to File Late and to Extend the Deadline to File a Joint Scheduling Report. The parties shall file a Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements, and proposed Scheduling Order on or before September 2, 2021 . Signed by Judge Darrin P. Gayles (jsi) Related: [-]
Thursday, August 19, 2021
22		22 motion Extension of Time Thu 08/19 7:03 PM Joint MOTION for Extension of Time to file late and to extend the time to file the parties Joint Scheduling Report and Certificates of Interested Parties and Corporate Disclosure Statements by Naked Whey, Inc.. Responses due by 9/2/2021 (Puig, Alec) Related: [-]
Monday, August 16, 2021
21		21 respm Response in Opposition to Motion Mon 08/16 7:36 PM RESPONSE in Opposition re20 Defendant's MOTION TO DISMISS1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction1 Complaint, Motion to Dismiss Case as Frivolous1 Complaint, filed by Naked Whey, Inc.. Replies due by 8/23/2021. (Puig, Alec) Related: [-]
Monday, August 02, 2021
20		20 motion Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction Dismiss Case as Frivolous Mon 08/02 6:31 PM Defendant's MOTION TO DISMISS1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction1 Complaint, ( Responses due by 8/16/2021), Motion to Dismiss Case as Frivolous1 Complaint, ( Responses due by 8/16/2021) by N8ked Brands Inc..(Latham, Susan) Related: [-]
		Att: 1 Exhibit A_Defs US Registration No 5624960_N8KED_priority fr 04 08-2014
		Att: 2 Exhibit B_Submission to USPTO of Canadian Registration_08-12-2016
Tuesday, June 08, 2021
19		19 order Amended Order Tue 06/08 10:54 AM AMENDED ORDER regarding the8 Order Setting Initial Planning and Scheduling Conference. Pursuant to S.D. Fla. Local Rule 16.1, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements, within fourteen days after Defendant files a responsive pleading to Plaintiff's1 Complaint. The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (jsi) Related: [-]
Friday, June 04, 2021
17		17 service Waiver of Service Executed Fri 06/04 3:34 PM WAIVER OF SERVICE Returned Executed by Naked Whey, Inc.. N8ked Brands Inc. waiver sent on 6/2/2021, answer due 8/2/2021. (Puig, Alec) Related: [-]
		order Notice of Court Practice/to Appear/Other Fri 06/04 7:37 PM NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (jsi) Related: [-]
Thursday, June 03, 2021
16		16 notice Notice of Attorney Appearance Thu 06/03 6:50 PM NOTICE of Attorney Appearance by Susan Joy Latham on behalf of N8ked Brands Inc.. Attorney Susan Joy Latham added to party N8ked Brands Inc.(pty:dft). (Latham, Susan) Related: [-]
Wednesday, June 02, 2021
		order Order Reassigning/Transferring Case ~Util - Terminate Hearings Wed 06/02 5:54 PM CLERKS NOTICE REASSIGNING CASE pursuant to Administrative Order 2021-52. Case reassigned toJudge Darrin P. Gayles for all further proceedings. Judge Ursula Ungaro no longer assigned to case. (jmd) Related: [-]
Monday, May 17, 2021
14		14 1 pgs order Order on Motion to Appear Pro Hac Vice Mon 05/17 3:52 PM ORDER granting12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Cynthia A. Gierhart. Signed by Judge Ursula Ungaro on 5/17/2021. See attached document for full details. (scn) Related: [-]
13		13 1 pgs order Order on Motion to Appear Pro Hac Vice Mon 05/17 3:50 PM ORDER granting11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney R. David Donoghue. Signed by Judge Ursula Ungaro on 5/17/2021. See attached document for full details. (scn) Related: [-]
Friday, May 14, 2021
12		12 motion Appear Pro Hac Vice - aty Fri 05/14 7:17 PM MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cynthia A. Gierhart. Filing Fee $ 200.00 Receipt # AFLSDC-14689822 by Naked Whey, Inc.. Responses due by 5/28/2021(Grosack, Matthew) Related: [-]
		Att: 1 Certification,
		Att: 2 Text of Proposed Order
11		11 motion Appear Pro Hac Vice - aty Fri 05/14 7:12 PM MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for R. David Donoghue. Filing Fee $ 200.00 Receipt # AFLSDC-14689810 by Naked Whey, Inc.. Responses due by 5/28/2021(Grosack, Matthew) Related: [-]
		Att: 1 Certification,
		Att: 2 Text of Proposed Order
10		10 misc Response to Order to Show Cause Fri 05/14 6:16 PM RESPONSE TO ORDER TO SHOW CAUSE re9 Order to Show Cause by Naked Whey, Inc..(Puig, Alec) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
Monday, May 03, 2021
9		9 1 pgs order Order to Show Cause Mon 05/03 10:50 AM ORDER TO SHOW CAUSE: Show Cause Response due by 5/14/2021. Signed by Judge Ursula Ungaro on 5/3/2021. See attached document for full details. (scn) Related: [-]
Monday, April 19, 2021
8		8 order Scheduling Order Tue 04/20 10:26 AM ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE: Joint Scheduling Report due by 6/11/2021. Initial Planning and Scheduling Conference set for 6/25/2021 10:00 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 4/19/2021. See attached document for full details. (scn) Related: [-]
Friday, April 09, 2021
7		7 misc Certificate of Other Affiliates/Corporate Disclosure Statement Fri 04/09 6:00 PM Corporate Disclosure Statement by Naked Whey, Inc. (Grosack, Matthew) Related: [-]
6		6 notice Notice of Pending, Refiled, Related or Similar Actions Fri 04/09 5:52 PM Notice of Pending, Refiled, Related or Similar Actions by Naked Whey, Inc. (Grosack, Matthew) Related: [-]
5		5 order - Order (PAPERLESS or pdf attached) Fri 04/09 11:44 AM STANDING ORDER ON ZOOM AND OTHER VIDEO-CONFERENCE HEARINGS. Signed by Judge Ursula Ungaro on 4/9/2021. See attached document for full details. (scn) Related: [-]
4		4 service Summons Issued Fri 04/09 8:43 AM Summons Issued as to N8ked Brands Inc. (scn) Related: [-]
3		3 misc Form AO 120/121 Fri 04/09 8:42 AM FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (scn) Related: [-]
Thursday, April 08, 2021
1		1 20 pgs cmp Complaint Thu 04/08 8:52 PM COMPLAINT against N8ked Brands Inc.. Filing fees $ 402.00 receipt number AFLSDC-14591499, filed by Naked Whey, Inc..(Grosack, Matthew) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Summon(s),
		Att: 3 Exhibit 1,
		Att: 4 Exhibit 2,
		Att: 5 Exhibit 3,
		Att: 6 Exhibit 4,
		Att: 7 Exhibit 5,
		Att: 8 Exhibit 6
		order Clerk's Notice of Judge Assignment and Optional Consent Fri 04/09 8:31 AM Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (scn) Related: [-]

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