Nepa Wholesales, Inc v. All Goods Xpress, LLC
| Florida Southern District Court | |
| Judge: | Darrin P Gayles |
| Referred: | Edwin G Torres |
| Case #: | 1:23-cv-24085 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 28:1331 Fed. Question: Trademark |
| Case Filed: | Oct 25, 2023 |
| Last checked: Monday Apr 22, 2024 4:28 AM EDT |
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Counter Claimant
All Goods Xpress, LLC
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Represented By
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Counter Defendant
Nepa Wholesales, Inc
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Represented By
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Defendant
All Goods Xpress, LLC
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Represented By
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Plaintiff
Nepa Wholesales, Inc
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Represented By
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| Docket last updated: 15 minutes ago |
| Friday, May 02, 2025 | ||
| 43 | 43
adr
Mediation Report
Fri 05/02 9:08 AM
FINAL MEDIATION REPORT held before Mediator Cary Lubetsky, Esq.. Prepared by: Cary Lubetsky, Esq.. Filed by Nepa Wholesales, Inc. Disposition: Case did not settle. Mediation held/partially held via video-conference. (Feinstein, Brett) |
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| Tuesday, April 29, 2025 | ||
| 42 | 42
adr
Mediation Report
Tue 04/29 10:59 AM
MEDIATION REPORT held before Mediator Cary Lubetsky, Esq.. Prepared by: Cary Lubetsky, Esq.. Filed by Nepa Wholesales, Inc. Disposition: Adjourned. Mediation held/partially held via video-conference. (Feinstein, Brett) |
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| Wednesday, April 16, 2025 | ||
| 41 | 41
minutes
Status Conference
Wed 04/16 10:08 AM
PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 4/16/2025. Total time in court: 5 minutes. All parties present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (mp02) |
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| Monday, April 14, 2025 | ||
| 40 | 40
order
- Order (PAPERLESS or pdf attached)
Mon 04/14 4:50 PM
Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 305-990-2559; Conference ID 374 050 271# . Please dial in at least ten minutes before the Telephonic Status Conference begins and wait until your case is called. (mp02) |
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| Thursday, April 10, 2025 | ||
| 39 | 39
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Thu 04/10 10:31 AM
Amended Certificate of Other Affiliates by Nepa Wholesales, Inc identifying Corporate Parent Cary A. Lubetsky for Nepa Wholesales, Inc (Feinstein, Brett) |
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| Wednesday, April 09, 2025 | ||
| 38 | 38
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Thu 04/10 8:40 AM
Clerk's Notice to Filer re37 Certificate of Other Affiliates/Corporate Disclosure Statement. Parties/Mediator Not Added ; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) |
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| 37 | 37
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 04/09 4:58 PM
Certificate of Other Affiliates by Nepa Wholesales, Inc identifying Other Affiliate Cary A. Lubetsky for Nepa Wholesales, Inc (Feinstein, Brett) |
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| 36 | 36
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Wed 04/09 2:59 PM
Clerk's Notice to Filer re35 Notice (Other). 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. (scn) |
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| 35 | 35
notice
Notice (Other)
Wed 04/09 1:33 PM
NOTICE Mediation by Nepa Wholesales, Inc (Feinstein, Brett) |
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| Thursday, March 13, 2025 | ||
| 34 | 34
respm
Response/Reply (Other)
Thu 03/13 4:04 PM
RESPONSE to Defendant's First Request for Production by Nepa Wholesales, Inc. (Feinstein, Brett) |
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| 33 | 33
respm
Response/Reply (Other)
Thu 03/13 4:03 PM
RESPONSE to Defendant's Interrogatories by Nepa Wholesales, Inc. (Feinstein, Brett) |
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| Tuesday, February 18, 2025 | ||
| 32 | 32
order
Order on Motion for Extension of Time to Mediate
Tue 02/18 12:55 PM
CORRECTED PAPERLESS ORDER granting30 Joint Motion to Extend Mediation and Other Deadlines. The parties Mediation and Other deadlines shall be extended by sixty (60) days. Previously scheduled Telephonic Status Conference is cancelled and reset for 4/16/2025. Calendar Call set for 7/9/2025. Jury Trial set for 7/14/2025. Signed by Judge Darrin P. Gayles on 2/18/2025. (mp02) |
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| Thursday, January 30, 2025 | ||
| 31 | 31
order
Order on Motion for Extension of Time to Mediate
Thu 01/30 6:03 PM
PAPERLESS ORDER granting the parties'30 Joint Motion to Extend Mediation and Other Deadlines. The parties Mediation and Other deadlines shall be extended by sixty (60) days. Previously scheduled Telephonic Status Conference is cancelled and reset for 4/16/2025 10:00 AM. Calendar Call set for 6/30/2025. Jury Trial set for 7/14/2025. Signed by Judge Darrin P. Gayles on 1/30/2025. (mp02) |
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| Wednesday, January 29, 2025 | ||
| 30 | 30
motion
Extension of Time to Mediate
Wed 01/29 3:26 PM
Joint MOTION for Extension of Time to Mediate by Nepa Wholesales, Inc, All Goods Xpress, LLC. Attorney Brett A. Feinstein added to party All Goods Xpress, LLC (pty:dft), Attorney Brett A. Feinstein added to party All Goods Xpress, LLC (pty:cc). (Feinstein, Brett) |
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| Monday, November 04, 2024 | ||
| 29 | 29
order
Order on Motion for Extension of Time
Mon 11/04 12:42 PM
PAPERLESS ORDER granting the parties'28 Joint Stipulation for Extension of Time for Defendant to Propound Discovery Requests. Defendant shall propound Discovery Requests to Plaintiff and/or Non-Parties on or before November 29, 2024. Signed by Judge Darrin P. Gayles on 11/4/2024. (bs00) |
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| Friday, November 01, 2024 | ||
| 28 | 28
misc
Stipulation
Fri 11/01 9:21 PM
STIPULATION for Extension of Time for Defendant to Propound Discovery Requests by All Goods Xpress, LLC (Castillo, Eric) |
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| Wednesday, October 02, 2024 | ||
| 27 | 27
trial
Witness List
Wed 10/02 10:42 AM
Witness List by Nepa Wholesales, Inc.. (Feinstein, Brett) |
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| Monday, September 30, 2024 | ||
| 26 | 26
trial
Witness List
Mon 09/30 3:47 PM
Witness List by All Goods Xpress, LLC.. (Castillo, Eric) |
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| Tuesday, July 30, 2024 | ||
| 25 | 25
misc
Stipulation
Tue 07/30 4:43 PM
JOINT STIPULATION for Extension of Time for Parties to File Witness Lists by All Goods Xpress, LLC (Castillo, Eric) Modified Text on 7/30/2024 (wce) |
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| Tuesday, March 05, 2024 | ||
| 24 | 24
discov
Notice of Filing Discovery
Tue 03/05 11:55 PM
NOTICE of Filing Discovery: Response to Plaintiff's First Request for Production to Defendant by All Goods Xpress, LLC.(Castillo, Eric) |
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| 23 | 23
discov
Notice of Filing Discovery
Tue 03/05 11:53 PM
NOTICE of Filing Discovery: Notice of Serving Verified Anwers to Plaintiff's First Set of Interrogatories to Defendant by All Goods Xpress, LLC.(Castillo, Eric) |
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| Tuesday, February 27, 2024 | ||
| 22 | 22
order
- Order (PAPERLESS or pdf attached)
Tue 02/27 4:24 PM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Chief Magistrate Judge Edwin G. Torres on 2/27/2024. See attached document for full details. (mdc) |
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| Monday, February 12, 2024 | ||
| 21 | 21
notice
Notice (Other)
Mon 02/12 9:51 PM
Defendant's NOTICE of Joint Stipulation for Extension of Time for Defendant to Plaintiff's Discovery Requests by All Goods Xpress, LLC (Castillo, Eric) |
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| Monday, February 05, 2024 | ||
| 20 | 20
order
Order on Motion for Extension of Time
Mon 02/05 11:06 AM
PAPERLESS ORDER striking19 motion for extension of time. The Court maintains a standing discovery order, which is accessible on the undersigned's page of the Southern District of Florida website, and this standing discovery order requires litigants to use the discovery calendar procedures defined therein instead of traditional motion practice. Should Defendant wish to obtain the relief sought in its discovery motion, it must first familiarize itself with Section 3 of the standing discovery order and then follow the Court's instructions regarding setting a discovery hearing. Signed by Chief Magistrate Judge Edwin G. Torres on 2/5/2024. (elk) |
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| Sunday, February 04, 2024 | ||
| 19 | 19
motion
Extension of Time
Sun 02/04 5:55 PM
Defendant's MOTION for Extension of Time To Respond to Plaintiff's Discovery Requests by All Goods Xpress, LLC. Responses due by 2/20/2024. (Castillo, Eric) |
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| Tuesday, January 16, 2024 | ||
| 18 | 18
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Tue 01/16 1:36 PM
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Telephonic Status Conference set for 2/19/2025 10:00 AM before Judge Darrin P. Gayles. Telephonic Calendar Call set for 4/30/2025 9:30 AM before Judge Darrin P. Gayles. Jury Trial set for 5/5/2025 before Judge Darrin P. Gayles. Mediation Deadline 1/31/2025. ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 1/16/2024. See attached document for full details. (wce) |
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| Thursday, January 11, 2024 | ||
| 17 | 17
notice
Notice (Other)
Thu 01/11 11:35 PM
NOTICE of Filing Proposed Joitn Scheduling Report and Proposed Scheduling Order by All Goods Xpress, LLC (Castillo, Eric) |
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| Monday, January 08, 2024 | ||
| 16 | 16
answer
Answer to Counterclaim
Mon 01/08 2:38 PM
ANSWER to Counterclaim by Nepa Wholesales, Inc. (Feinstein, Brett) |
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| Thursday, December 21, 2023 | ||
| 15 | 15
notice
Notice (Other)
Thu 12/21 3:44 PM
NOTICE by All Goods Xpress, LLC of Unavailability (Castillo, Eric) |
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| 14 | 14
respm
Response/Reply (Other)
Thu 12/21 2:33 PM
REPLY to12 Answer to Complaint, Counterclaim by Nepa Wholesales, Inc. (Feinstein, Brett) |
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| 13 | 13
5
pgs
order
Order Requiring Joint Scheduling Report
Thu 12/21 12:26 PM
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before January 11, 2024 , the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements. 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 on 12/21/2023. See attached document for full details. (bs00) |
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| Wednesday, December 20, 2023 | ||
| 12 | 12
answer
Answer to Complaint Counterclaim
Wed 12/20 9:25 PM
Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand , Defendant's COUNTERCLAIM against Nepa Wholesales, Inc by All Goods Xpress, LLC. (Castillo, Eric) |
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| Tuesday, November 28, 2023 | ||
| 11 | 11
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Tue 11/28 4:47 PM
Corporate Disclosure Statement by Nepa Wholesales, Inc (Feinstein, Brett) |
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| 10 | 10
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Tue 11/28 4:46 PM
Certificate of Other Affiliates by Nepa Wholesales, Inc (Feinstein, Brett) |
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| Tuesday, November 21, 2023 | ||
| 9 | 9
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 11/21 5:46 PM
PAPERLESS ORDER granting8 Defendant's Motion for Extension of Time to File a Response to Plaintiff's Complaint. Defendant shall file its response on or before December 20, 2023. Signed by Judge Darrin P. Gayles on 11/21/2023. (bs00) |
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| Monday, November 20, 2023 | ||
| 8 | 8
motion
Extension of Time to File Response/Reply/Answer
Mon 11/20 10:47 PM
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint, by All Goods Xpress, LLC.(Castillo, Eric) |
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Att: 1
Text of Proposed Order Proposed Order on Defendant's Motion for Extension of Time to File a Response to Plaintiff's Complaint
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| 7 | 7
notice
Notice of Attorney Appearance
Mon 11/20 10:42 PM
NOTICE of Attorney Appearance by Eric Castillo, Jr on behalf of All Goods Xpress, LLC. Attorney Eric Castillo, Jr added to party All Goods Xpress, LLC (pty:dft). (Castillo, Eric) |
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| Thursday, October 26, 2023 | ||
| 6 | 6
order
Notice of Court Practice/to Appear/Other
Thu 10/26 11:05 AM
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 on 10/26/2023. (bs00) |
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| 5 | 5
order
Clerk's Notice of Docket Correction - ELECTRONIC CASE
Thu 10/26 8:46 AM
Clerk's Notice to Filer re: Electronic Case. Parties Improperly Formatted. The Filer failed to enter the party names in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (wce) |
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| 3 | 3
service
Summons Issued
Thu 10/26 8:44 AM
Summons Issued as to All Goods Xpress, LLC. (wce) |
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| Wednesday, October 25, 2023 | ||
| 4 | 4
1
pgs
misc
Form AO 120/121
Thu 10/26 8:44 AM
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (wce) |
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Att: 1
Complaint with Pictures
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 10/26 8:40 AM
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. (wce) |
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| 1 | 1
180
pgs
cmp
Complaint
Wed 10/25 4:57 PM
COMPLAINT JURY TRIAL DEMANDED against ALL GOODS XPRESS, LLC, a Florida Limited Liability Company. Filing fees $ 402.00 receipt number AFLSDC-17023349, filed by NEPA WHOLESALE, INC., a Florida Corporation.(Feinstein, Brett) |
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Att: 1
Summon(s),
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Att: 2
Civil Cover Sheet
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