Triple7Vaping.Com, LLC v. Shipping & Transit LLC

COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8780351, filed by Triple7Vaping.Com, LLC, Jason W. Cugle. (Attachments: # 1 Exhibit A - '970 Patent, # 2 Exhibit B - '359 Patent, # 3 Exhibit C - '359 Patent (Reexamination), # 4 Exhibit D - '299 Patent, # 5 Exhibit E - '207 Patent, # 6 Exhibit F - Demand Letter, # 7 Exhibit G - Articles of Organization, # 8 Exhibit H - Articles of Cancellation, # 9 Exhibit I - Who Is - Website Identification, # 10 Exhibit J - FedEx Brief, # 11 Exhibit K - LLC Info, # 12 Exhibit L - Meitek Letter from Counsel, # 13 Exhibit M - Dismissal Against United States of America, # 14 Exhibit N - Arrivalstar Memo, # 15 Exhibit O - Arrivalstar License Agreement, # 16 Exhibit P - FedEx R&R, # 17 Exhibit Q - Proposed Affidavit, # 18 Exhibit R - Emails Between the Parties, # 19 Exhibit S - Draft Complaint against Plaintiff, # 20 Exhibit T - Demand Letter to Jack Threads, # 21 Exhibit U - Demand Letter to RealReal, Inc., # 22 Exhibit V - FedEx Letter to Arrival Star, # 23 Exhibit W - Disclosure of Claims to WCAF, # 24 Exhibit X - Reexamination Request, # 25 Exhibit Y - FTL Amended Complaint, # 26 Exhibit Z - Shipping & Transit's Answer to FTL Amended Complaint, # 27 Exhibit AA - Eclipse IP Ruling, # 28 Civil Cover Sheet Civil Cover Sheet, # 29 Summon(s) Shipping & Transit LLC Summons)(Sarelson, Matthew) (Entered: 05/31/2016)

2016-05-31

1

View

Judge Assignment to Judge Donald M. Middlebrooks (srd) (Entered: 05/31/2016)

2016-05-31

1

View

Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (srd) (Entered: 05/31/2016)

2016-05-31

1

View

Summons Issued as to Shipping & Transit LLC. (srd) (Entered: 05/31/2016)

2016-05-31

1

Download

Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Vera Ranieri. Filing Fee $ 75.00 Receipt # 113C-8782304 by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 6/17/2016 (Sarelson, Matthew) (Entered: 05/31/2016)

2016-05-31

1

View

Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Jason W. Cugle, Triple7Vaping.Com, LLC (Sarelson, Matthew) (Entered: 05/31/2016)

2016-05-31

1

View

NOTICE by Jason W. Cugle, Triple7Vaping.Com, LLC Notice of Related Cases Now Pending or Now Closed in the Southern District of Florida Filed by the Defendant (or its Predecessor in Interest) in this Action (Sarelson, Matthew) (Entered: 05/31/2016)

2016-05-31

1

View

Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Julie Turner. Filing Fee $ 75.00 Receipt # 113C-8783564 by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 6/17/2016 (Sarelson, Matthew) (Entered: 05/31/2016)

2016-05-31

1

View

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint, # 2 Exhibit) (srd) (Entered: 06/02/2016)

2016-05-31

1

View

Judge Assignment

2016-05-31

1

No Actions

ENDORSED ORDER granting 5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Vera Ranieri may appear and participate in this action on behalf of Triple7Vaping.com, LLC and Jason W. Cugle. The Clerk shall provide electronic notification of all electronic filings to Vera Ranieri, at vera@eff.org. Signed by Judge Donald M. Middlebrooks on 6/3/2016. (kcr) (Entered: 06/03/2016)

2016-06-03

1

View

ENDORSED ORDER granting 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s). Julie S. Turner, Esquire may appear and participate in this action on behalf of Plaintiffs Triple7Vaping.com, LLC and Jason W. Cugle. The Clerk shall provide electronic notification of all electronic filings to Julie S. Turner at turner@turnerboyd.com. Signed by Judge Donald M. Middlebrooks on 6/3/2016. (kcr) (Entered: 06/03/2016)

2016-06-03

1

View

Order on Motion to Appear Pro Hac Vice

2016-06-03

1

No Actions

Order on Motion to Appear Pro Hac Vice

2016-06-03

1

No Actions

SUMMONS (Affidavit) Returned Executed on 1 Complaint,,,,, with a 21 day response/answer filing deadline by Triple7Vaping.Com, LLC, Jason W. Cugle. Shipping & Transit LLC served on 6/3/2016, answer due 6/24/2016. (Sarelson, Matthew) (Entered: 06/06/2016)

2016-06-06

1

View

ORDER SETTING TRIAL DATE AND SCHEDULING CONFERENCE: Scheduling Conference set for 7/28/2016 10:30 AM before Judge Donald M. Middlebrooks. Status Conference set for 4/12/2017 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 4/17/2017 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 4/12/2017 01:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 6/22/2016. (mc) (Entered: 06/22/2016)

2016-06-22

1

View

First MOTION for Extension of Time For Defendant To Move, Answer Or Otherwise Respond To The Complaint re 1 Complaint,,,,, by Shipping & Transit LLC. Attorney Jason P. Dollard added to party Shipping & Transit LLC(pty:dft). Responses due by 7/11/2016 (Dollard, Jason) (Entered: 06/23/2016)

2016-06-23

1

View

ENDORSED ORDER granting 14 Motion for Extension of Time. Defendant shall respond to the Complaint by July 1, 2016. Signed by Judge Donald M. Middlebrooks on 6/23/2016. (kcr) (Entered: 06/23/2016)

2016-06-23

1

View

Reset Answer Due Deadline: Shipping & Transit LLC response due 7/1/2016. (ls) (per DE #15)

2016-06-23

1

No Actions

Order on Motion for Extension of Time

2016-06-23

1

No Actions

MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC. Responses due by 7/18/2016 (Attachments: # 1 Exhibit, # 2 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

1

Download

MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC. Responses due by 7/18/2016 (Attachments: # 1 Exhibit, # 2 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC. Responses due by 7/18/2016 (Attachments: # 1 Exhibit, # 2 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

1

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Jason Dollard. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

2016-06-30

2

View

AFFIDAVIT signed by : Edward Turnbull. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit)(Dollard, Jason) (Entered: 07/04/2016)

2016-07-04

1

View

RESPONSE in Opposition re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 7/25/2016. (Sarelson, Matthew) (Entered: 07/14/2016)

2016-07-14

1

View

AFFIDAVIT in Opposition re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM filed by Jason W. Cugle, Triple7Vaping.Com, LLC. (Attachments: # 1 Exhibit A - Website Page)(Sarelson, Matthew) (Entered: 07/14/2016)

2016-07-14

1

View

NOTICE of Attorney Appearance by Joel Benjamin Rothman on behalf of Shipping & Transit LLC. Attorney Joel Benjamin Rothman added to party Shipping & Transit LLC(pty:dft). (Rothman, Joel) (Entered: 07/19/2016)

2016-07-19

1

View

NOTICE of Attorney Appearance by Jerold Ira Schneider on behalf of Shipping & Transit LLC. Attorney Jerold Ira Schneider added to party Shipping & Transit LLC(pty:dft). (Schneider, Jerold) (Entered: 07/19/2016)

2016-07-19

1

View

Partially Unopposed MOTION to Consolidate Cases or Alternatively by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 8/8/2016 (Attachments: # 1 Exhibit A - Proposed Amicus Brief)(Sarelson, Matthew). Added MOTION for Leave to File an Amicus Brief on 7/21/2016 (ls). (Entered: 07/20/2016)

2016-07-20

1

View

SCHEDULING REPORT - Rule 26(f) by Jason W. Cugle, Triple7Vaping.Com, LLC (Sarelson, Matthew) (Entered: 07/20/2016)

2016-07-20

1

View

Clerks Notice to Filer re 23 Plaintiff's MOTION to Consolidate Cases or Alternatively for Leave to File Amicus Brief in Companion Case. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 07/21/2016)

2016-07-21

1

View

NOTICE by Shipping & Transit LLC of Filing Covenant Not to Sue (Attachments: # 1 Exhibit 1 - Covenant Not To Sue) (Schneider, Jerold) (Entered: 07/21/2016)

2016-07-21

1

View

Amended MOTION to Dismiss 1 Complaint,,,,, by Shipping & Transit LLC. Responses due by 8/8/2016 (Schneider, Jerold) (Entered: 07/22/2016)

2016-07-22

1

View

MOTION to Continue / Reset Trial Date re 13 Scheduling Order, by Shipping & Transit LLC. Responses due by 8/11/2016 (Attachments: # 1 Text of Proposed Order)(Schneider, Jerold) (Entered: 07/25/2016)

2016-07-25

1

View

Unopposed MOTION to Permit Telephonic Appearance of Foreign Attorneys at the July 28, 2016 Scheduling Conference by Jason W. Cugle, Triple7Vaping.Com, LLC. (Sarelson, Matthew) Modified Text on 7/27/2016 (ls). (Entered: 07/26/2016)

2016-07-26

1

View

ENDORSED ORDER granting 29 Motion to Permit Telephonic Appearance of Plaintiffs' California Counsel. Plaintiffs' local counsel must appear in person. Counsel must provide, by email to middlebrooks@flsd.uscourts.gov, one phone number for the Court to call. Signed by Judge Donald M. Middlebrooks on 7/27/2016. (kcr) (Entered: 07/27/2016)

2016-07-27

1

View

Order on Motion for Miscellaneous Relief

2016-07-27

1

No Actions

ENDORSED ORDER denying as moot 16 Motion to Dismiss for Failure to State a Claim; denying as moot 23 Motion to Consolidate Cases; denying as moot 23 Motion for Leave to File. For reasons stated on the record during the scheduling conference on July 28, 2016, these motions are denied as moot. Signed by Judge Donald M. Middlebrooks on 7/28/2016. (kcr) (Entered: 07/28/2016)

2016-07-28

1

View

Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Scheduling Conference held on 7/28/2016. Present in Court: Matthew Sarelson, Esq., Julie Turner, Esq. (via telephone) and Jerold Schneider, Esq. Order to follow. Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov (gm1) (Entered: 07/28/2016)

2016-07-28

1

View

ORDER Rescheduing Calendar Call/Status Conference and Trial granting 28 Motion to Reset Trial Date. Calendar Call/Status Conference reset for 3/15/2017 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Jury Trial reset for 3/20/2017 in West Palm Beach Division before Judge Donald M. Middlebrooks. Staying Discovery until the pending Amended Motion to Dismiss is Resolved. Signed by Judge Donald M. Middlebrooks on 7/28/2016. (ls) (Entered: 07/29/2016)

2016-07-28

1

View

Order on Motion for Leave to File AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Consolidate Cases

2016-07-28

1

No Actions

RESPONSE in Opposition re 27 Amended MOTION to Dismiss 1 Complaint,,,,, filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 8/15/2016. (Attachments: # 1 Affidavit of Julie Turner, # 2 Affidavit of Daniel Nazer, # 3 Affidavit of Vera Ranieri, # 4 Affidavit of Matthew Sarelson)(Sarelson, Matthew) (Entered: 08/05/2016)

2016-08-05

1

View

REPLY to Response to Motion re 27 Amended MOTION to Dismiss 1 Complaint,,,,, filed by Shipping & Transit LLC. (Schneider, Jerold) (Entered: 08/08/2016)

2016-08-08

1

View

Plaintiff's MOTION for Hearing re 27 Amended MOTION to Dismiss 1 Complaint,,,,,, by Jason W. Cugle, Triple7Vaping.Com, LLC. (Sarelson, Matthew) Modified Links on 8/16/2016 (ls). (Entered: 08/15/2016)

2016-08-15

1

View

RESPONSE to Motion re 36 Plaintiff's MOTION for Hearing re 27 Amended MOTION to Dismiss 1 Complaint,,,,, filed by Shipping & Transit LLC. Replies due by 9/12/2016. (Schneider, Jerold) (Entered: 09/01/2016)

2016-09-01

1

View

NOTICE of Attorney Appearance by Kevin Edward Cudlipp on behalf of Shipping & Transit LLC. Attorney Kevin Edward Cudlipp added to party Shipping & Transit LLC(pty:dft). (Cudlipp, Kevin) (Entered: 09/01/2016)

2016-09-01

1

View

ENDORSED ORDER allowing Plaintiffs to file a surreply to Defendant's reply [DE 35] in support of its Motion for Summary Judgment. Any surreply must be filed by September 8, 2016 and not exceed 5 pages. Signed by Judge Donald M. Middlebrooks on 9/1/2016. (kcr) (Entered: 09/01/2016)

2016-09-01

1

View

Order

2016-09-01

1

No Actions

RESPONSE to Motion re 27 Amended MOTION to Dismiss 1 Complaint,,,,, Surreply in Opposition filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 9/19/2016. (Sarelson, Matthew) Modified Text on 9/8/2016 (ls). (Entered: 09/08/2016)

2016-09-08

1

View

ORDER granting 27 Amended Motion to Dismiss 1 Complaint; Dismissing 1 Complaint; denying as moot 36 Motion for Hearing; Closing Case. Signed by Judge Donald M. Middlebrooks on 9/13/2016. (ls) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 09/13/2016)

2016-09-13

1

Download

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Exhibit Order of Dismissal) (ls) (Entered: 09/13/2016)

2016-09-13

1

View

Plaintiff's MOTION to Amend/Correct 1 Complaint and/or by Jason W. Cugle, Triple7Vaping.Com, LLC. (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5)(Sarelson, Matthew). Added MOTION to Alter Judgment on 9/27/2016 (ls). Modified Relief/Text on 9/27/2016 (ls). (Entered: 09/26/2016)

2016-09-26

1

View

MOTION to Withdraw as Attorney and to Terminate CM/ECF Notices by Jerold I. Schneider, Joel B. Rothman and Kevin E. Cudlipp. by Shipping & Transit LLC. Responses due by 10/14/2016 (Attachments: # 1 Text of Proposed Order)(Schneider, Jerold) (Entered: 09/27/2016)

2016-09-27

1

View

Clerks Notice to Filer re 43 Plaintiff's MOTION for Leave to File Amended Complaint. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 09/27/2016)

2016-09-27

1

View

RESPONSE to Motion re 44 MOTION to Withdraw as Attorney and to Terminate CM/ECF Notices by Jerold I. Schneider, Joel B. Rothman and Kevin E. Cudlipp. (No Objection) filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 10/7/2016. (Sarelson, Matthew) (Entered: 09/27/2016)

2016-09-27

1

View

REPLY to Response to Motion re 44 MOTION to Withdraw as Attorney and to Terminate CM/ECF Notices by Jerold I. Schneider, Joel B. Rothman and Kevin E. Cudlipp. filed by Shipping & Transit LLC. (Schneider, Jerold) (Entered: 10/04/2016)

2016-10-04

1

View

ORDER granting 44 Motion to Withdraw as Attorney. Attorney Jerold Ira Schneider; Kevin Edward Cudlipp and Joel Benjamin Rothman terminated. Signed by Judge Donald M. Middlebrooks on 10/4/2016. (ls) (Entered: 10/05/2016)

2016-10-04

1

View

RESPONSE in Opposition re 43 Motion to Amend/Correct 1 Complaint and/or MOTION to Alter Judgment filed by Shipping & Transit LLC. Replies due by 10/21/2016. (Dollard, Jason) (Entered: 10/11/2016)

2016-10-11

1

View

Clerks Notice to Filer re 49 Response in Opposition to Motion. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. It is not necessary to refile the document. (ls) (Entered: 10/12/2016)

2016-10-12

1

View

Notice of Appeal to Federal Circuit as to 41 Order on Motion for Hearing,, Order on Motion to Dismiss, by Jason W. Cugle, Triple7Vaping.Com, LLC. Filing fee $ 505.00 receipt number 113C-9158827. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: # 1 Exhibit A - Order on Appeal)(Sarelson, Matthew) (Entered: 10/12/2016)

2016-10-12

1

View

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 51 Notice of Appeal,, Notice has been electronically mailed. (hh)

2016-10-12

1

No Actions

Acknowledgment of Receipt of NOA from US FEDERAL CIRCUIT re 51 Notice of Appeal,, filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Date received by US FEDERAL CIRCUIT: 10/19/2016. US FEDERAL CIRCUIT Case Number: 17-1066. (amb) (Entered: 10/19/2016)

2016-10-19

1

View

REPLY to Response to Motion re 43 Motion to Amend/Correct 1 Complaint and/or MOTION to Alter Judgment filed by Jason W. Cugle, Triple7Vaping.Com, LLC. (Attachments: # 1 Affidavit Plaintiffs' Affidavit in Support of Motion)(Sarelson, Matthew) (Entered: 10/21/2016)

2016-10-21

1

View

ORDER granting 43 Motion to Amend the Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge; Amended Complaint due 12/20/2016. Signed by Judge Donald M. Middlebrooks on 12/16/2016. (ls) (Entered: 12/16/2016)

2016-12-16

1

Download

AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Triple7Vaping.Com, LLC, Jason W. Cugle. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sarelson, Matthew) (Entered: 12/20/2016)

2016-12-20

1

Download

ORDER RE-OPENING CASE in Light of Amended Complaint. Signed by Judge Donald M. Middlebrooks on 12/21/2016. (ls) (Entered: 12/21/2016)

2016-12-21

1

Download

Unopposed MOTION for Extension of Time to File Response/Reply/Answer To The Amended Complaint by Shipping & Transit LLC. (Dollard, Jason) (Entered: 12/29/2016)

2016-12-29

1

View

ENDORSED ORDER granting 57 Motion for Extension of Time to File. Defendant shall respond to the Complaint by January 13, 2017. Signed by Judge Donald M. Middlebrooks on 1/3/2017. (kcr) (Entered: 01/03/2017)

2017-01-03

1

View

Order on Motion for Extension of Time to File Response/Reply/Answer

2017-01-03

1

No Actions

Reset Answer Due Deadline per 58 Order: Shipping & Transit LLC response due 1/13/2017. (asl)

2017-01-03

1

No Actions

MOTION TO DISMISS 55 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC. Responses due by 1/27/2017 (Dollard, Jason) Modified Text on 1/17/2017 (ls). (Entered: 01/13/2017)

2017-01-13

1

View

RESPONSE in Opposition re 59 MOTION TO DISMISS 55 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 2/2/2017. (Attachments: # 1 Affidavit of Jason Cugle)(Sarelson, Matthew) (Entered: 01/26/2017)

2017-01-26

1

View

REPLY to Response to Motion re 59 MOTION TO DISMISS 55 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Shipping & Transit LLC. (Dollard, Jason) (Entered: 02/02/2017)

2017-02-02

1

View

ORDER denying 59 Motion to Dismiss 55 Amended Complaint for Failure to State a Claim. Signed by Judge Donald M. Middlebrooks on 2/6/2017. (ls) (Entered: 02/06/2017)

2017-02-06

1

View

ORDER Rescheduling Calendar Call and Trial Date, ( -Joint Scheduling Report due by 2/14/2017, Calendar Call reset for 8/16/2017 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial reset for 8/21/2017 09:00 AM before Judge Donald M. Middlebrooks.) Lifting 33 Discovery Stay. Signed by Judge Donald M. Middlebrooks on 2/6/2017. (ls) (Entered: 02/06/2017)

2017-02-06

1

View

NOTICE by Shipping & Transit LLC of Filing Joint Proposed Scheduling Order (Dollard, Jason) (Entered: 02/14/2017)

2017-02-14

1

View

ENDORSED ORDER - The Plaintiff's 64 Notice of Filing does not contain a Joint Proposed Scheduling Order. The Parties are ordered to file the Joint Proposed Scheduling Order by February 21, 2017. (Joint Scheduling Order due by 2/21/2017). Signed by Judge Donald M. Middlebrooks on 2/17/2017. (gm1) (Entered: 02/17/2017)

2017-02-17

1

View

~Util - Set/Reset Deadlines AND Order

2017-02-17

1

No Actions

Motion for Extension of Time to File Response/Reply/Answer as to 55 Amended Complaint by Shipping & Transit LLC. Responses due by 3/6/2017 (Dollard, Jason) Modified Relief on 2/22/2017 (ls). (Entered: 02/18/2017)

2017-02-18

1

View

Corrected MOTION for Extension of Time to File Response/Reply/Answer as to 55 Amended Complaint by Shipping & Transit LLC. (Attachments: # 1 Exhibit)(Dollard, Jason) Modified Link on 2/22/2017 (ls). (Entered: 02/21/2017)

2017-02-21

1

View

NOTICE of Filing Joint Proposed Scheduling Order by Shipping & Transit LLC (Corrected) (Attachments: # 1 Exhibit) (Dollard, Jason) Modified Text on 2/22/2017 (ls). (Entered: 02/21/2017)

2017-02-21

1

View

RESPONSE in Opposition re 66 MOTION for Extension of Time to File Response/Reply/Answer as to 55 Amended Complaint, 67 Corrected MOTION for Extension of Time to File Response/Reply/Answer as to 55 Amended Complaint filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 2/28/2017. (Sarelson, Matthew) Modified Text on 2/22/2017 (ls). (Entered: 02/21/2017)

2017-02-21

1

View

Clerks Notice to Filer re 66 Second MOTION for Extension of Time FOR DEFENDANT TO MOVE, ANSWER OR OTHERWISE RESPOND TO THE AMENDED COMPLAINT . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 02/22/2017)

2017-02-22

1

View

Clerks Notice to Filer re 67 Corrected MOTION for Extension of Time to File Response/Reply/Answer as to 62 Order on Motion to Dismiss for Failure to State a Claim . Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 02/22/2017)

2017-02-22

1

View

Clerks Notice to Filer re 68 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) (Entered: 02/22/2017)

2017-02-22

1

View

ENDORSED ORDER denying as moot 66 Motion for Extension of Time to File Response/Reply/Answer in light of the filing of the Corrected Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 2/24/2017. (kcr) (Entered: 02/24/2017)

2017-02-24

1

View

ENDORSED ORDER granting in part and denying in part 67 Motion for Extension of Time to File. The deadline for Defendant to Answer the Amended Complaint is February 28, 2017. Signed by Judge Donald M. Middlebrooks on 2/24/2017. (kcr) (Entered: 02/24/2017)

2017-02-24

1

View

Order on Motion for Extension of Time to File Response/Reply/Answer

2017-02-24

1

No Actions

Order on Motion for Extension of Time to File Response/Reply/Answer

2017-02-24

1

No Actions

Reset Answer Due Deadline: Shipping & Transit LLC response due 2/28/2017. (ls) (per DE #74)

2017-02-24

1

No Actions

PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 3/3/2017., Expert Discovery due by 4/27/2017., Fact Discovery due by 5/5/2017., Joinder of Parties due by 3/3/2017., In Limine Motions due by 5/23/2017., Dispositive Motions due by 5/23/2017., Pretrial Stipulation due by 7/25/2017.), and ORDER REFERRING CASE to Mediation. Mediation Deadline 5/8/2017. Signed by Judge Donald M. Middlebrooks on 2/28/2017. (ls) 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. (Entered: 02/28/2017)

2017-02-28

1

View

ANSWER and Affirmative Defenses to Amended Complaint by Shipping & Transit LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Dollard, Jason) (Entered: 02/28/2017)

2017-02-28

1

View

MOTION to Dismiss 55 Amended Complaint, 62 Order on Motion to Dismiss for Failure to State a Claim ( Responses due by 3/14/2017), MOTION for Reconsideration by Shipping & Transit LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Dollard, Jason) (Entered: 02/28/2017)

2017-02-28

1

Download

RESPONSE in Opposition re 77 MOTION to Dismiss 55 Amended Complaint, 62 Order on Motion to Dismiss for Failure to State a Claim MOTION for Reconsideration filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 3/17/2017. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sarelson, Matthew) (Entered: 03/10/2017)

2017-03-10

1

View

NOTICE by Jason W. Cugle, Triple7Vaping.Com, LLC re 78 Response in Opposition to Motion, of Filing Exhibit 4 (Attachments: # 1 Exhibit 4) (Sarelson, Matthew) Modified Text on 3/13/2017 (ls). (Entered: 03/10/2017)

2017-03-10

1

View

ORDER Scheduling Settlement Conference before U.S. Magistrate Judge, ( Settlement Conference set for 4/18/2017 10:00 AM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon.) Signed by Magistrate Judge Dave Lee Brannon on 3/13/2017. (ls) (Entered: 03/14/2017)

2017-03-13

1

View

REPLY to 78 Response in Opposition to Motion, by Shipping & Transit LLC. (Dollard, Jason) (Entered: 03/17/2017)

2017-03-17

1

View

REPLY to Response to Motion re 77 MOTION to Dismiss 55 Amended Complaint, 62 Order on Motion to Dismiss for Failure to State a Claim MOTION for Reconsideration filed by Shipping & Transit LLC. (ls)(See Image at DE #81) (Entered: 03/20/2017)

2017-03-17

1

View

Clerks Notice to Filer re 81 Response/Reply (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#82]. It is not necessary to refile this document. (ls) (Entered: 03/20/2017)

2017-03-20

1

View

Plaintiff's MOTION for Protective Order by Jason W. Cugle, Triple7Vaping.Com, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Sarelson, Matthew). Added MOTION for Leave to Appear at Settlement Conference via Telephonic or Video on 3/21/2017 (ls). (Entered: 03/20/2017)

2017-03-20

1

View

Clerks Notice to Filer re 84 Plaintiff's MOTION for Protective Order . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 03/21/2017)

2017-03-21

1

View

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David B. Conrad. Filing Fee $ 75.00 Receipt # 113C-9595966 by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 4/10/2017 (Sarelson, Matthew) (Entered: 03/27/2017)

2017-03-27

1

View

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ricardo J. Bonilla. Filing Fee $ 75.00 Receipt # 113C-9595977 by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 4/10/2017 (Sarelson, Matthew) (Entered: 03/27/2017)

2017-03-27

1

View

ENDORSED ORDER granting 86 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) David B. Conrad. David B. Conrad of the law firm of Fish & Richardson P.C. may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to David B. Conrad at conrad@fr.com. Signed by Judge Donald M. Middlebrooks on 3/28/2017. (kcr) (Entered: 03/28/2017)

2017-03-28

1

View

ENDORSED ORDER granting 87 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Ricardo J. Bonilla. Ricardo J. Bonilla of the law firm of Fish & Richardson P.C. may participate in this matter on behalf of Plaintiffs. The Clerk of Court shall provide all electronic filings to Ricardo J. Bonilla at rbonilla@fr.com. Signed by Judge Donald M. Middlebrooks on 3/28/2017. (kcr) (Entered: 03/28/2017)

2017-03-28

1

View

Order on Motion to Appear Pro Hac Vice

2017-03-28

1

No Actions

Order on Motion to Appear Pro Hac Vice

2017-03-28

1

No Actions

RESPONSE in Opposition re 84 Plaintiff's MOTION for Protective Order MOTION for Leave to Appear at Settlement Conference via Telephonic or Video filed by Shipping & Transit LLC. Replies due by 4/5/2017. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Dollard, Jason) (Entered: 03/29/2017)

2017-03-29

1

View

REPLY to Response to Motion re 84 Plaintiff's MOTION for Protective Order MOTION for Leave to Appear at Settlement Conference via Telephonic or Video filed by Jason W. Cugle, Triple7Vaping.Com, LLC. (Sarelson, Matthew) (Entered: 04/05/2017)

2017-04-05

1

View

ORDER denying 84 Motion for Protective Order regarding Deposition Location; denying 84 Motion to Permit Telephonic or Video Appearance at Settlement Conference. Signed by Judge Donald M. Middlebrooks on 4/6/2017. (ls) (Entered: 04/06/2017)

2017-04-06

1

View

Plaintiff's MOTION to Compel Defendant to Produce Answers and Documents Responsive to Discovery Requests by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 4/21/2017 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Affidavit in Support of Motion to Compel, # 6 Exhibit A to Affidavit, # 7 Exhibit B to Affidavit, # 8 Exhibit C to Affidavit, # 9 Exhibit D to Affidavit, # 10 Exhibit E to Affidavit, # 11 Exhibit F to Affidavit, # 12 Exhibit G to Affidavit)(Sarelson, Matthew) Modified Text on 4/10/2017 (ls). (Entered: 04/07/2017)

2017-04-07

1

View

Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Veronica Sandoval. Filing Fee $ 75.00 Receipt # 113C-9652632 by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 4/28/2017 (Attachments: # 1 Text of Proposed Order)(Sarelson, Matthew) (Entered: 04/14/2017)

2017-04-14

1

View

ENDORSED ORDER granting 94 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Veronica Sandoval. Veronica Sandoval may appear and participate in this actionon behalf of Triple7Vaping.com, LLC and Jason W. Cugle. The Clerk shall provide electronic notification of all electronic filings to Veronica Sandoval, at sandoval@fr.com. Signed by Judge Donald M. Middlebrooks on 4/14/2017. (kcr) (Entered: 04/14/2017)

2017-04-14

1

View

Order on Motion to Appear Pro Hac Vice

2017-04-14

1

No Actions

Plaintiff's MOTION to Compel Defendant to Produce Answers and Documents Responsive to Discovery Requests by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 5/1/2017 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Affidavit in Support, # 7 Exhibit A to Affidavit)(Sarelson, Matthew) Modified Text on 4/18/2017 (ls). (Entered: 04/17/2017)

2017-04-17

1

View

NOTICE of Attorney Appearance by Peter Andrew Koziol on behalf of Shipping & Transit LLC. Attorney Peter Andrew Koziol added to party Shipping & Transit LLC(pty:dft). (Koziol, Peter) (Entered: 04/17/2017)

2017-04-17

1

View

Clerks Notice to Filer re 96 Plaintiff's MOTION to Compel Interrogatory Answers and Production of Documents . Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) (Entered: 04/18/2017)

2017-04-18

1

View

Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Settlement Conference held on 4/18/2017. Vera Ranieri, Esq. along with Jason W. Cugle present for Plaintiffs. Jason P. Dollard, Esq., Peter Koziol, Esq., and Peter Berlowe, Esq. present for Defendant. The parties began settlement discussions, but Plaintiff could not continue negotiations. The parties will continue settlement discussions in the near future. (Digital/Time in Court: 10:30:30/2 hours 7 mins.) (dbr) (Entered: 04/18/2017)

2017-04-18

1

View

ENDORSED ORDER. The Parties notified the Court that they have settled this action. The Parties shall file closing documents by April 27, 2017. Signed by Judge Donald M. Middlebrooks on 4/20/2017. (kcr) (Entered: 04/20/2017)

2017-04-20

1

View

Order

2017-04-20

1

No Actions

Joint MOTION to Dismiss 55 Amended Complaint with Prejudice by Shipping & Transit LLC. Responses due by 5/12/2017 (Attachments: # 1 Text of Proposed Order)(Koziol, Peter) Modified Link on 4/28/2017 (ls). (Entered: 04/28/2017)

2017-04-28

1

View

Clerks Notice to Filer re 101 Joint MOTION to Dismiss with Prejudice 100 Order, 99 Settlement Conference,, . Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) (Entered: 04/28/2017)

2017-04-28

1

View

ORDER of DISMISSAL granting 101 Joint Motion to Dismiss with prejudice; Closing Case. Signed by Judge Donald M. Middlebrooks on 4/28/2017. (ls) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 04/28/2017)

2017-04-28

1

View

ORDER of USCA for the Federal Circuit, ORDERED that the appeal be, and the same hereby is, REACTIVATED and the appeal is now DISMISSED as to 51 Notice of Appeal,, filed by Jason W. Cugle, Triple7Vaping.Com, LLC, USCA for the Federal Circuit # 17-1066 (hh) (Entered: 09/01/2017)

2017-09-01

1

View

MANDATE of USCA for the Federal Circuit, in accordance with the judgment of this Court, entered September 1, 2017, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued as to 51 Notice of Appeal,, filed by Jason W. Cugle, Triple7Vaping.Com, LLC ; Date Issued: 10/10/17 ; USCA for the Federal Circuit Case Number: 17-1066 (hh) (Entered: 10/11/2017)

2017-10-10

1

View

Overview

Parties

Plaintiff

Jason W. Cugle Follow

Represented By

Triple7Vaping.Com, LLC Follow

Represented By

Defendant

Shipping & Transit LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Judge Assignment to Judge Donald M. Middlebrooks (srd) (Entered: 05/31/2016)

Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (srd) (Entered: 05/31/2016)

Summons Issued as to Shipping & Transit LLC. (srd) (Entered: 05/31/2016)

Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Jason W. Cugle, Triple7Vaping.Com, LLC (Sarelson, Matthew) (Entered: 05/31/2016)

NOTICE by Jason W. Cugle, Triple7Vaping.Com, LLC Notice of Related Cases Now Pending or Now Closed in the Southern District of Florida Filed by the Defendant (or its Predecessor in Interest) in this Action (Sarelson, Matthew) (Entered: 05/31/2016)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Complaint, # 2 Exhibit) (srd) (Entered: 06/02/2016)

Judge Assignment

Order on Motion to Appear Pro Hac Vice

Order on Motion to Appear Pro Hac Vice

SUMMONS (Affidavit) Returned Executed on 1 Complaint,,,,, with a 21 day response/answer filing deadline by Triple7Vaping.Com, LLC, Jason W. Cugle. Shipping & Transit LLC served on 6/3/2016, answer due 6/24/2016. (Sarelson, Matthew) (Entered: 06/06/2016)

First MOTION for Extension of Time For Defendant To Move, Answer Or Otherwise Respond To The Complaint re 1 Complaint,,,,, by Shipping & Transit LLC. Attorney Jason P. Dollard added to party Shipping & Transit LLC(pty:dft). Responses due by 7/11/2016 (Dollard, Jason) (Entered: 06/23/2016)

ENDORSED ORDER granting 14 Motion for Extension of Time. Defendant shall respond to the Complaint by July 1, 2016. Signed by Judge Donald M. Middlebrooks on 6/23/2016. (kcr) (Entered: 06/23/2016)

Reset Answer Due Deadline: Shipping & Transit LLC response due 7/1/2016. (ls) (per DE #15)

Order on Motion for Extension of Time

MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC. Responses due by 7/18/2016 (Attachments: # 1 Exhibit, # 2 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC. Responses due by 7/18/2016 (Attachments: # 1 Exhibit, # 2 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC. Responses due by 7/18/2016 (Attachments: # 1 Exhibit, # 2 Exhibit)(Dollard, Jason) (Entered: 06/30/2016)

AFFIDAVIT signed by : Edward Turnbull. re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC (Attachments: # 1 Exhibit)(Dollard, Jason) (Entered: 07/04/2016)

RESPONSE in Opposition re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 7/25/2016. (Sarelson, Matthew) (Entered: 07/14/2016)

AFFIDAVIT in Opposition re 16 MOTION TO DISMISS 1 Complaint,,,,, FOR FAILURE TO STATE A CLAIM filed by Jason W. Cugle, Triple7Vaping.Com, LLC. (Attachments: # 1 Exhibit A - Website Page)(Sarelson, Matthew) (Entered: 07/14/2016)

NOTICE of Attorney Appearance by Joel Benjamin Rothman on behalf of Shipping & Transit LLC. Attorney Joel Benjamin Rothman added to party Shipping & Transit LLC(pty:dft). (Rothman, Joel) (Entered: 07/19/2016)

NOTICE of Attorney Appearance by Jerold Ira Schneider on behalf of Shipping & Transit LLC. Attorney Jerold Ira Schneider added to party Shipping & Transit LLC(pty:dft). (Schneider, Jerold) (Entered: 07/19/2016)

Partially Unopposed MOTION to Consolidate Cases or Alternatively by Jason W. Cugle, Triple7Vaping.Com, LLC. Responses due by 8/8/2016 (Attachments: # 1 Exhibit A - Proposed Amicus Brief)(Sarelson, Matthew). Added MOTION for Leave to File an Amicus Brief on 7/21/2016 (ls). (Entered: 07/20/2016)

SCHEDULING REPORT - Rule 26(f) by Jason W. Cugle, Triple7Vaping.Com, LLC (Sarelson, Matthew) (Entered: 07/20/2016)

NOTICE by Shipping & Transit LLC of Filing Covenant Not to Sue (Attachments: # 1 Exhibit 1 - Covenant Not To Sue) (Schneider, Jerold) (Entered: 07/21/2016)

Amended MOTION to Dismiss 1 Complaint,,,,, by Shipping & Transit LLC. Responses due by 8/8/2016 (Schneider, Jerold) (Entered: 07/22/2016)

MOTION to Continue / Reset Trial Date re 13 Scheduling Order, by Shipping & Transit LLC. Responses due by 8/11/2016 (Attachments: # 1 Text of Proposed Order)(Schneider, Jerold) (Entered: 07/25/2016)

Unopposed MOTION to Permit Telephonic Appearance of Foreign Attorneys at the July 28, 2016 Scheduling Conference by Jason W. Cugle, Triple7Vaping.Com, LLC. (Sarelson, Matthew) Modified Text on 7/27/2016 (ls). (Entered: 07/26/2016)

Order on Motion for Miscellaneous Relief

Order on Motion for Leave to File AND Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Consolidate Cases

REPLY to Response to Motion re 27 Amended MOTION to Dismiss 1 Complaint,,,,, filed by Shipping & Transit LLC. (Schneider, Jerold) (Entered: 08/08/2016)

Plaintiff's MOTION for Hearing re 27 Amended MOTION to Dismiss 1 Complaint,,,,,, by Jason W. Cugle, Triple7Vaping.Com, LLC. (Sarelson, Matthew) Modified Links on 8/16/2016 (ls). (Entered: 08/15/2016)

RESPONSE to Motion re 36 Plaintiff's MOTION for Hearing re 27 Amended MOTION to Dismiss 1 Complaint,,,,, filed by Shipping & Transit LLC. Replies due by 9/12/2016. (Schneider, Jerold) (Entered: 09/01/2016)

NOTICE of Attorney Appearance by Kevin Edward Cudlipp on behalf of Shipping & Transit LLC. Attorney Kevin Edward Cudlipp added to party Shipping & Transit LLC(pty:dft). (Cudlipp, Kevin) (Entered: 09/01/2016)

ENDORSED ORDER allowing Plaintiffs to file a surreply to Defendant's reply [DE 35] in support of its Motion for Summary Judgment. Any surreply must be filed by September 8, 2016 and not exceed 5 pages. Signed by Judge Donald M. Middlebrooks on 9/1/2016. (kcr) (Entered: 09/01/2016)

Order

RESPONSE to Motion re 27 Amended MOTION to Dismiss 1 Complaint,,,,, Surreply in Opposition filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 9/19/2016. (Sarelson, Matthew) Modified Text on 9/8/2016 (ls). (Entered: 09/08/2016)

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # 1 Exhibit Order of Dismissal) (ls) (Entered: 09/13/2016)

MOTION to Withdraw as Attorney and to Terminate CM/ECF Notices by Jerold I. Schneider, Joel B. Rothman and Kevin E. Cudlipp. by Shipping & Transit LLC. Responses due by 10/14/2016 (Attachments: # 1 Text of Proposed Order)(Schneider, Jerold) (Entered: 09/27/2016)

RESPONSE to Motion re 44 MOTION to Withdraw as Attorney and to Terminate CM/ECF Notices by Jerold I. Schneider, Joel B. Rothman and Kevin E. Cudlipp. (No Objection) filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 10/7/2016. (Sarelson, Matthew) (Entered: 09/27/2016)

REPLY to Response to Motion re 44 MOTION to Withdraw as Attorney and to Terminate CM/ECF Notices by Jerold I. Schneider, Joel B. Rothman and Kevin E. Cudlipp. filed by Shipping & Transit LLC. (Schneider, Jerold) (Entered: 10/04/2016)

ORDER granting 44 Motion to Withdraw as Attorney. Attorney Jerold Ira Schneider; Kevin Edward Cudlipp and Joel Benjamin Rothman terminated. Signed by Judge Donald M. Middlebrooks on 10/4/2016. (ls) (Entered: 10/05/2016)

RESPONSE in Opposition re 43 Motion to Amend/Correct 1 Complaint and/or MOTION to Alter Judgment filed by Shipping & Transit LLC. Replies due by 10/21/2016. (Dollard, Jason) (Entered: 10/11/2016)

Clerks Notice to Filer re 49 Response in Opposition to Motion. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. It is not necessary to refile the document. (ls) (Entered: 10/12/2016)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 51 Notice of Appeal,, Notice has been electronically mailed. (hh)

Acknowledgment of Receipt of NOA from US FEDERAL CIRCUIT re 51 Notice of Appeal,, filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Date received by US FEDERAL CIRCUIT: 10/19/2016. US FEDERAL CIRCUIT Case Number: 17-1066. (amb) (Entered: 10/19/2016)

REPLY to Response to Motion re 43 Motion to Amend/Correct 1 Complaint and/or MOTION to Alter Judgment filed by Jason W. Cugle, Triple7Vaping.Com, LLC. (Attachments: # 1 Affidavit Plaintiffs' Affidavit in Support of Motion)(Sarelson, Matthew) (Entered: 10/21/2016)

ORDER granting 43 Motion to Amend the Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge; Amended Complaint due 12/20/2016. Signed by Judge Donald M. Middlebrooks on 12/16/2016. (ls) (Entered: 12/16/2016)

AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Triple7Vaping.Com, LLC, Jason W. Cugle. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Sarelson, Matthew) (Entered: 12/20/2016)

ORDER RE-OPENING CASE in Light of Amended Complaint. Signed by Judge Donald M. Middlebrooks on 12/21/2016. (ls) (Entered: 12/21/2016)

Unopposed MOTION for Extension of Time to File Response/Reply/Answer To The Amended Complaint by Shipping & Transit LLC. (Dollard, Jason) (Entered: 12/29/2016)

ENDORSED ORDER granting 57 Motion for Extension of Time to File. Defendant shall respond to the Complaint by January 13, 2017. Signed by Judge Donald M. Middlebrooks on 1/3/2017. (kcr) (Entered: 01/03/2017)

Order on Motion for Extension of Time to File Response/Reply/Answer

Reset Answer Due Deadline per 58 Order: Shipping & Transit LLC response due 1/13/2017. (asl)

MOTION TO DISMISS 55 Amended Complaint, FOR FAILURE TO STATE A CLAIM by Shipping & Transit LLC. Responses due by 1/27/2017 (Dollard, Jason) Modified Text on 1/17/2017 (ls). (Entered: 01/13/2017)

RESPONSE in Opposition re 59 MOTION TO DISMISS 55 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Jason W. Cugle, Triple7Vaping.Com, LLC. Replies due by 2/2/2017. (Attachments: # 1 Affidavit of Jason Cugle)(Sarelson, Matthew) (Entered: 01/26/2017)

REPLY to Response to Motion re 59 MOTION TO DISMISS 55 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Shipping & Transit LLC. (Dollard, Jason) (Entered: 02/02/2017)

ORDER denying 59 Motion to Dismiss 55 Amended Complaint for Failure to State a Claim. Signed by Judge Donald M. Middlebrooks on 2/6/2017. (ls) (Entered: 02/06/2017)

NOTICE by Shipping & Transit LLC of Filing Joint Proposed Scheduling Order (Dollard, Jason) (Entered: 02/14/2017)

~Util - Set/Reset Deadlines AND Order

Motion for Extension of Time to File Response/Reply/Answer as to 55 Amended Complaint by Shipping & Transit LLC. Responses due by 3/6/2017 (Dollard, Jason) Modified Relief on 2/22/2017 (ls). (Entered: 02/18/2017)

Corrected MOTION for Extension of Time to File Response/Reply/Answer as to 55 Amended Complaint by Shipping & Transit LLC. (Attachments: # 1 Exhibit)(Dollard, Jason) Modified Link on 2/22/2017 (ls). (Entered: 02/21/2017)

NOTICE of Filing Joint Proposed Scheduling Order by Shipping & Transit LLC (Corrected) (Attachments: # 1 Exhibit) (Dollard, Jason) Modified Text on 2/22/2017 (ls). (Entered: 02/21/2017)

Clerks Notice to Filer re 68 Notice (Other). Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) (Entered: 02/22/2017)

ENDORSED ORDER denying as moot 66 Motion for Extension of Time to File Response/Reply/Answer in light of the filing of the Corrected Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 2/24/2017. (kcr) (Entered: 02/24/2017)

ENDORSED ORDER granting in part and denying in part 67 Motion for Extension of Time to File. The deadline for Defendant to Answer the Amended Complaint is February 28, 2017. Signed by Judge Donald M. Middlebrooks on 2/24/2017. (kcr) (Entered: 02/24/2017)

Jason W. Cugle

Triple7Vaping.Com, LLC

Shipping & Transit LLC