1:21-CV-21769
05/10/2021
Pending - Other Pending
Intellectual Property - Trademark
Darrin P. Gayles
Meditago Holdings LLC
820 W. 41St Street, Suite 318, Miami Beach
Miami Beach, FL 33140
DS Healthcare Group Inc.
820 W. 41St Street, Suite 318, Miami Beach
Miami Beach, FL 33140
MSDesigns
General_King
Zaque Sales
West Side Trading
Saito's Store
Dimitri Popov
Aricol, Tov
Whims of Beauty
Quality Sourced Products
Lux_Deals
Rafael Recalde
Attorney at Recalde Law Firm, P.A.
10800 Biscayne Blvd, Ste 988
Miami, FL 33161
Geremy Seth Klein
Attorney at Recalde Law Firm, P.A.
10800 Biscayne Blvd, Suite 988
Miami, FL 33161
Daniel Gielchinsky
Attorney at Daniel Y. Gielchinsky, P.A.
1132 Kane Concourse, Suite 204
Bay Harbor Islands, FL 33154
Mark Schlachet
Attorney at Law Offices of Mark Schlachet
43 West 43Rd Street, Suite 220
New York, NY 10036
RESTRICTED
Docket(#48) PAPERLESS ORDER Setting Status Conference. This case is set for a status conference on July 21, 2021 at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (mcy) (Entered: 07/07/2021)
Docket(#47) NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiffs effectuated service of the summons and complaint on Defendant Quality Sourced Products on June 8, 2021, [ECF No. 11] and Defendant Lux Deals on June 10, 2021, [ECF No. 20]. Defendants, however, have failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiffs shall file for entry of default by the Clerk as to the defendants. Within ten (10) days of entry of default by the Clerk, Plaintiffs shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiffs' failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action as to these defendants. Signed by Judge Darrin P. Gayles (mcy) (Entered: 07/07/2021)
Docket(#46) PAPERLESS ORDER. In light of the #45 Notice of Settlement as to Defendant West Side Trading, which indicates that this matter has settled in full between Plaintiffs and West Side Trading (collectively, "the parties"), the parties are hereby notified that, within thirty (30) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action as to this defendant. Signed by Judge Darrin P. Gayles (mcy) (Entered: 07/07/2021)
Docket(#45) NOTICE of Settlement as to Defendant West Side Trading by DS Healthcare Group Inc., Meditago Holdings LLC (Klein, Geremy) (Entered: 06/29/2021)
Docket(#44) PAPERLESS ORDER adopting #43 Joint Stipulation to Adjourn Hearing set for July 1, 2021 sine die. The hearing set for July 1, 2021 is adjourned. The parties shall jointly file a status report within 60 days of the date of this Order. Signed by Judge Darrin P. Gayles (mcy) (Entered: 06/28/2021)
Docket(#43) STIPULATION re 32 Order Setting Hearing on Motion,, by DS Healthcare Group Inc., Meditago Holdings LLC (Attachments: #1 Text of Proposed Order Adopting Joint Stipulation)(Klein, Geremy) (Entered: 06/28/2021)
Docket(#42) NOTICE of Striking #40 Stipulation filed by Meditago Holdings LLC, DS Healthcare Group Inc. by DS Healthcare Group Inc., Meditago Holdings LLC (Klein, Geremy) (Entered: 06/28/2021)
Docket(#41) Clerks Notice to Filer re #40 Stipulation. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (cds) (Entered: 06/28/2021)
Docket(#40) (STRICKEN PER DE#42 ) STIPULATION re #6 Order on Expedited Motion, 32 Order Setting Hearing on Motion,, to Adjourn Hearing Set for July 1, 2021 by DS Healthcare Group Inc., Meditago Holdings LLC (Klein, Geremy) Modified Text on 6/28/2021 (cds). (Entered: 06/25/2021)
Docket(#39) PAPERLESS ORDER. Defendant WST shall be permitted to depose declarant Alejandro Buttari and the deposition shall be limited in scope to the issues discussed within the #24 declaration. At the hearing scheduled for July 1, 2021, each party may call 2 live witnesses. Any witnesses the parties intend to call at the hearing must be disclosed to the Court on or before Tuesday, June 29, 2021 at 5:00pm. Each party may depose any live witnesses intended to be called. Any other testimony must be via deposition, affidavit, or declaration. In preparation for the hearing, the parties may conduct discovery limited to the issues presented in the #1 Complaint and #5 Application for Entry of Temporary Restraining Order and Preliminary Injunction. Pursuant to the 2 Clerk's Notice of Judge Assignment, the parties shall bring any discovery disputes before Magistrate Judge Edwin Torres. Signed by Judge Darrin P. Gayles (mcy) (Entered: 06/24/2021)
Docket(#10) SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Meditago Holdings LLC, DS Healthcare Group Inc.. Whims of Beauty served on 6/8/2021, answer due 6/29/2021. (Klein, Geremy) (Entered: 06/15/2021)
Docket(#9) PAPERLESS ORDER. The Zoom information for the preliminary injunction hearing on June 17, 2021 at 2:00 pm is below. Meeting ID: 160 148 7607Passcode: 058268 Signed by Judge Darrin P. Gayles (mcy) (Entered: 06/09/2021)
Docket(#8) Summons Issued as to General_King, Lux_Deals, MSDesigns, Quality Sourced Products, West Side Trading, Whims of Beauty, Zaque Sales. (cds) (Entered: 06/07/2021)
Docket(#7) NOTICE of Filing Proposed Summons(es) by DS Healthcare Group Inc., Meditago Holdings LLC (Attachments: #1 Summon(s) Zaque Sales, #2 Summon(s) Whims of Beauty, #3 Summon(s) West Side Trading, #4 Summon(s) Quality Sourced Products, #5 Summon(s) MSDesigns, #6 Summon(s) Lux_Deals, #7 Summon(s) General_King) (Klein, Geremy) (Entered: 06/07/2021)
Docket(#6) ORDER granting #5 Plaintiffs' Expedited Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction. Signed by Judge Darrin P. Gayles See attached document for full details. (mcy) (Entered: 06/03/2021)
Docket(#5) Plaintiff's EXPEDITED Ex- Parte Application for Entry of Temporary Restraining Order, Preliminary Injuction and Memorandum of Law in Support Thereof by DS Healthcare Group Inc., Meditago Holdings LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Affidavit of Fernando Tamez, #14 Exhibit Exhibit A to Declaration, #15 Text of Proposed Order on Expedited Motion)(Klein, Geremy) Modified Text on 6/2/2021 (cds). (Entered: 06/02/2021)
Docket(#4) 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 (mcy) (Entered: 05/11/2021)
Docket(#3) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (cds) (Entered: 05/11/2021)
Docket(#2) 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. 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. (cds) (Entered: 05/11/2021)
Docket(#1) COMPLAINT For Damages and Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14675554, filed by Meditago Holdings LLC, DS Healthcare Group Inc.. (Attachments: #1 Exhibit Composite Exhibit 1, #2 Exhibit Composite Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Composite Exhibit 4, #5 Exhibit Composite Exhibit 5, #6 Exhibit Composite Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Composite Exhibit 9, #10 Exhibit Composite Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Civil Cover Sheet Civil Cover Sheet)(Recalde, Rafael) (Entered: 05/10/2021)
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