PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Reopen Case. 15. Therein, Plaintiff requests that the Court reopen this case, which it closed based on the failure to file a joint scheduling report. Id. at 1. Plaintiff notes it does not yet have the information either to move forward with a motion for alternative service or to otherwise identify any method of communication that would comply with the Court's prior Omnibus Order 8. (ECF No. 15) at 1-2. Plaintiff requests that the Court reopen this action so that it can use its ex parte motion for temporary restraining order and a forthcoming motion for leave to take expedited discovery to "identify and effectuate service on Defendants." Id. at 3. At the outset, the Court notes that Plaintiff has failed to name Defendants in this case. Although Plaintiff previously moved to file a list of Defendants under seal, the Court denied that motion without prejudice at (ECF No. 8). The Court specified that pending motions were denied "with leave to refile within fourteen (14) days." Id. at 1. The Court also noted that motions to file under seal or to proceed anonymously or pseudonymously "are disfavored by the Court." Id. at 5. Despite ample warning, Plaintiff has not provided a list of Defendants to the Court. Nor has Plaintiff moved again to file the list of Defendants under seal. Therefore, the Court does not know who Defendants are, how many Defendants there are, where they might be located, or why it has been impossible to serve them. Plaintiff's instant Motion does nothing to remedy this failure. Given Plaintiff's lack of diligence in both informing the Court that it would be missing its deadline to file a joint scheduling report by more than two months and in complying with basic rules barring plaintiffs from proceeding against fictitious parties, the Court does not see good cause to reopen this case. See Richardson v. Johnson, 598 F.3d 734, 738 (11th Cir. 2010) (per curiam) (holding that "fictious party pleading is not permitted in federal court"); Dean v. Barber, 951 F.2d 1201, 1216 (11th Cir. 1992) (explaining that a plaintiff must provide a "description of some kind" to proceed against unnamed defendants). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise advised of the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion 15 is DENIED. Signed by Judge K. Michael Moore on 8/3/2026.
原告提交TRO申请US HEALTH DRUGSTORE INC. v. THE INDIVIDUALS, BUSINESS ENTITIES, and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A (closed 07/30/2026)
案件进展
20 条记录Clerk's Notice to Filer re 15 Plaintiff's MOTION Motion to Reopen Case re 14 Order Dismissing/Closing Case, Terminate Motions. Filer Selected the Wrong Motion Relief(s); 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.
Plaintiff's Motion to Reopen Case by US HEALTH DRUGSTORE INC. Responses due by 8/14/2026.
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On December 15, 2025, the Court entered a Pretrial Order, (ECF No. 4), requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held "no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first." See id. The Order cautioned, "[f]ailure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs." Id. The Court then extended the Parties' deadline to May 10, 2026. (ECF No. 12). That deadline has now passed. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Parties may move to reopen this matter upon the filing of a joint scheduling report. Signed by Judge K. Michael Moore on 7/30/2026.
原告撤诉/结案Plaintiff's MOTION for Temporary Restraining Order AND MEMORANDUM OF LAW by US HEALTH DRUGSTORE INC. Responses due by 4/14/2026.
原告提交TRO申请PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Enlargement of Time to Hold Scheduling Conference. [11]. Therein, Plaintiff requests a ninety-day extension to hold a scheduling conference, as it has not yet served Defendants. Id. at 2. This Court's Pretrial Order instructs Parties to hold a scheduling conference within sixty days of the Complaint being filed. (ECF No. 4). However, the Court also stated "if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint." Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised of the premises, it is hereby ORDERED AND ADJUDGED that the Motion [11] is GRANTED. The Parties' deadline to hold a scheduling conference is now May 10, 2026. Signed by Judge K. Michael Moore on 2/10/2026.
Plaintiff's MOTION for Extension of Time to hold Scheduling Conference by US HEALTH DRUGSTORE INC. Responses due by 2/23/2026.
Notice (Other)
Response/Reply (Other)
Order on Motion to Seal
Plaintiff's MOTION to Seal Schedule A to Plaintiffs Complaint per Local Rule 5.4 by US HEALTH DRUGSTORE INC.
- Order (PAPERLESS or pdf attached)
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 12/15/2025.
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 12/15/2025.
原告撤诉/结案Referral to Magistrate Judge Marty Fulgueira Elfenbein for all pretrial discovery matters per DE 5.
Order Referring Case to Magistrate Judge
Pretrial Order
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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.
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19027871, filed by US HEALTH DRUGSTORE INC., d/b/a/ FRENCH PHARMACY.
