This case was last updated from PACER on 09/10/2019 at 07:27:23 (UTC).

Queens Hospitality Corp. v. Breakfast Bitch LLC

Case Summary

On 07/12/2019 Queens Hospitality Corp filed an Intellectual Property - Trademark lawsuit against Breakfast Bitch LLC. This case was filed in U.S. District Courts, Florida Southern District. The Judges overseeing this case are Marcia G. Cooke and Jonathan Goodman. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-22908

  • Filing Date:

    07/12/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Court:

    U.S. District Courts

  • Courthouse:

    Florida Southern District

Judge Details

Presiding Judge

Marcia G. Cooke

Referral Judge

Jonathan Goodman

 

Party Details

Plaintiffs

Queens Hospitality, LLC

Queens Hospitality Corp.

Defendant

Breakfast Bitch LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Brenda Juliet Schamy

Attorney at DiSchino & Schamy, PLLC

4770 Biscayne Blvd., Suite 1280

Miami, FL 33137

Christopher Anthony DiSchino

Attorney at DiSchino , Schamy, PLLC

4770 Biscayne Blvd., Suite 1280

Miami, FL 33137

Defendant Attorneys

Euyelit Adriana Moreno Kostencki

Attorney at Nelles Kostencki PLLC

110 East Broward Boulevard, Suite 670

Fort Lauderdale, FL 33301

Matthew Scott Nelles

Attorney at Nelles Kostencki, PLLC

110 E. Broward Blvd., Suite 670

Fort Lauderdale, FL 33301

Ben T. Lila

Attorney at Mandour & Associates, APC

16870 West Bernardo Drive, Suite 400

San Diego, CA 92127

 

Court Documents

#1

(#12) MOTION to Dismiss with Prejudice #1 Complaint (Motion for Preliminary Injunction) ( Responses due by 8/28/2019), MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM (Motion for Preliminary Injunction), MOTION to Dismiss for Lack of Jurisdiction #1 Complaint (Motion for Preliminary Injunction) ( Responses due by 8/28/2019) by Breakfast Bitch LLC. Attorney Euyelit Adriana Moreno Kostencki added to party Breakfast Bitch LLC(pty:dft). (Moreno Kostencki, Euyelit) (Entered: 08/14/2019)

1 #1

Civil Cover Sheet

1 #2

Summon(s)

#3

(#3) Summons Issued as to Breakfast Bitch LLC. (vmz) (Entered: 07/15/2019)

4 #1

Exhibit

#4

(#4) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Exhibit) (vmz) (Entered: 07/15/2019)

#6

(#6) NOTICE of Filing Proposed Summons(es) by Queens Hospitality, LLC re #1 Complaint filed by Queens Hospitality, LLC (Schamy, Brenda) (Entered: 07/19/2019)

#7

(#7) Summons Reissued as to Breakfast Bitch LLC. (vmz) (Entered: 07/19/2019)

#8

(#8) NOTICE of Attorney Appearance by Christopher Anthony DiSchino on behalf of Queens Hospitality, LLC. Attorney Christopher Anthony DiSchino added to party Queens Hospitality, LLC (pty:pla). (DiSchino, Christopher) (Entered: 07/19/2019)

#20

(#20) Joint SCHEDULING REPORT - Rule 26(f) by Breakfast Bitch LLC (Attachments: #1 Exhibit A- Pretrial Deadlines, Pretrial Conference and Trial Date)(Moreno Kostencki, Euyelit) (Entered: 09/09/2019)

20 #1

Exhibit A- Pretrial Deadlines, Pretrial Conference and Trial Date

#18

(#18) Plaintiff's AMENDED COMPLAINT against Breakfast Bitch LLC filed in response to Order Granting Motion for Leave, filed by Queens Hospitality, LLC.(Schamy, Brenda) (Entered: 09/06/2019)

#17

(#17) ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Marcia G. Cooke on 8/29/2019. See attached document for full details. (chd) (Entered: 08/29/2019)

#16

(#16) Plaintiff's MOTION to Withdraw Document #1 Complaint (Motion for Preliminary Injunction) by Queens Hospitality, LLC. Responses due by 9/11/2019 (Schamy, Brenda) (Entered: 08/28/2019)

14 #2

Text of Proposed Order

#14

(#14) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ben T. Lila, Esq.. Filing Fee $ 75.00 Receipt # 113C-11903312 by Breakfast Bitch LLC. Attorney Matthew Scott Nelles added to party Breakfast Bitch LLC(pty:dft). Responses due by 8/28/2019 (Attachments: #1 Certification Ben T. Lila, Esq., #2 Text of Proposed Order)(Nelles, Matthew) (Entered: 08/14/2019)

14 #1

Certification Ben T. Lila, Esq.

#13

(#13) SUPPLEMENT to #12 MOTION to Dismiss with Prejudice #1 Complaint (Motion for Preliminary Injunction) MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM (Motion for Preliminary Injunction) MOTION to Dismiss for Lack of Jurisdiction #1 Complaint (Motion for Preliminary Injunction) DECLARATION OF TRACII HUTSONA IN SUPPORT OF [DE 12] MOTION TO DISMISS AND MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Breakfast Bitch LLC (Moreno Kostencki, Euyelit) (Entered: 08/14/2019)

14 More Documents Available

 

Docket Entries

  • 09/09/2019
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  • (#20) Joint SCHEDULING REPORT - Rule 26(f) by Breakfast Bitch LLC (Attachments: #1 Exhibit A- Pretrial Deadlines, Pretrial Conference and Trial Date)(Moreno Kostencki, Euyelit) (Entered: 09/09/2019)

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  • 09/06/2019
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  • (#19) ENDORSED ORDER Reopening case in light of #18 Amended Complaint. Signed by Judge Marcia G. Cooke on 9/6/2019. (chd) (Entered: 09/06/2019)

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  • 09/06/2019
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  • (#18) Plaintiff's AMENDED COMPLAINT against Breakfast Bitch LLC filed in response to Order Granting Motion for Leave, filed by Queens Hospitality, LLC.(Schamy, Brenda) (Entered: 09/06/2019)

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  • 08/29/2019
  • ***Deadline(s)/Hearing(s) terminated. (lk) (Entered: 08/30/2019)

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  • 08/29/2019
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  • (#17) ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Marcia G. Cooke on 8/29/2019. See attached document for full details. (chd) (Entered: 08/29/2019)

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  • 08/28/2019
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  • (#16) Plaintiff's MOTION to Withdraw Document #1 Complaint (Motion for Preliminary Injunction) by Queens Hospitality, LLC. Responses due by 9/11/2019 (Schamy, Brenda) (Entered: 08/28/2019)

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  • 08/19/2019
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  • (#15) PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ben T. Lila. Signed by Magistrate Judge Jonathan Goodman on 8/19/2019. (km03) (Entered: 08/19/2019)

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  • 08/14/2019
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  • (#14) MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ben T. Lila, Esq.. Filing Fee $ 75.00 Receipt # 113C-11903312 by Breakfast Bitch LLC. Attorney Matthew Scott Nelles added to party Breakfast Bitch LLC(pty:dft). Responses due by 8/28/2019 (Attachments: #1 Certification Ben T. Lila, Esq., #2 Text of Proposed Order)(Nelles, Matthew) (Entered: 08/14/2019)

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  • 08/14/2019
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  • (#13) SUPPLEMENT to #12 MOTION to Dismiss with Prejudice #1 Complaint (Motion for Preliminary Injunction) MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM (Motion for Preliminary Injunction) MOTION to Dismiss for Lack of Jurisdiction #1 Complaint (Motion for Preliminary Injunction) DECLARATION OF TRACII HUTSONA IN SUPPORT OF [DE 12] MOTION TO DISMISS AND MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Breakfast Bitch LLC (Moreno Kostencki, Euyelit) (Entered: 08/14/2019)

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  • 08/14/2019
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  • (#12) MOTION to Dismiss with Prejudice #1 Complaint (Motion for Preliminary Injunction) ( Responses due by 8/28/2019), MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM (Motion for Preliminary Injunction), MOTION to Dismiss for Lack of Jurisdiction #1 Complaint (Motion for Preliminary Injunction) ( Responses due by 8/28/2019) by Breakfast Bitch LLC. Attorney Euyelit Adriana Moreno Kostencki added to party Breakfast Bitch LLC(pty:dft). (Moreno Kostencki, Euyelit) (Entered: 08/14/2019)

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1 More Docket Entries
  • 07/29/2019
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  • (#10) SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Queens Hospitality, LLC. Breakfast Bitch LLC served on 7/24/2019, answer due 8/14/2019. (Schamy, Brenda) (Entered: 07/29/2019)

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  • 07/25/2019
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  • (#9) ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Referring Case to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters; Notice re Joint Motions; Expedited Service Deadline 9/23/2019. Signed by Judge Marcia G. Cooke on 7/25/2019. See attached document for full details. (chd) (Entered: 07/25/2019)

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  • 07/19/2019
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  • (#8) NOTICE of Attorney Appearance by Christopher Anthony DiSchino on behalf of Queens Hospitality, LLC. Attorney Christopher Anthony DiSchino added to party Queens Hospitality, LLC (pty:pla). (DiSchino, Christopher) (Entered: 07/19/2019)

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  • 07/19/2019
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  • (#7) Summons Reissued as to Breakfast Bitch LLC. (vmz) (Entered: 07/19/2019)

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  • 07/19/2019
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  • (#6) NOTICE of Filing Proposed Summons(es) by Queens Hospitality, LLC re #1 Complaint filed by Queens Hospitality, LLC (Schamy, Brenda) (Entered: 07/19/2019)

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  • 07/15/2019
  • (#5) Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (vmz) (Entered: 07/15/2019)

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  • 07/15/2019
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  • (#4) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Exhibit) (vmz) (Entered: 07/15/2019)

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  • 07/15/2019
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  • (#3) Summons Issued as to Breakfast Bitch LLC. (vmz) (Entered: 07/15/2019)

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  • 07/12/2019
  • (#2) Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. 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. (vmz) (Entered: 07/15/2019)

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  • 07/12/2019
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  • (#1) COMPLAINT (Motion for Preliminary Injunction) against Breakfast Bitch LLC. Filing fees $ 400.00 receipt number 113C-11809569, filed by Queens Hospitality, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Schamy, Brenda) (Entered: 07/12/2019)

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