Order
Albion Brand Foundry LTD v. The Partnerships, Unincorporated Associations Identified On Schedule A
案件进展
14 条记录CERTIFICATE of Counsel Regarding Prior Suits by Andrew Jonathan Palmer on behalf of Albion Brand Foundry Ltd
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On March 27, 2026, the Court entered its Omnibus Order Regarding Schedule "A" Causes of Action, which provides that any "motions for temporary restraining order, preliminary injunction, or alternative service must include allegations that justify joinder of multiple defendants[.]" See (ECF No. 6) at 4. On April 3, 2026, Plaintiff filed its Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets (the "TRO Motion"), asserting that joinder of seventeen (17) Defendants is proper because: (1) there is substantial evidentiary overlap in the facts as to each Defendant as they are each selling identical or similar stationary bearing Plaintiff's trademark through the Walmart marketplace; (2) there are legal issues common to all Defendants; and (3) joinder "promotes fairness, convenience, and judicial economy." See (ECF No. 14) at 5-10. Federal Rule of Civil Procedure 20 requires that allegations against each defendant arise out of the same transaction or occurrence. See Fed. R. Civ. P. 20(a). "Simply committing the same type of violation in the same way does not link defendants together for the purposes of joinder." Omega, SA v. Individuals, Bus. Entities, & Unincorporated Ass'ns Identified on Schedule "A", 650 F. Supp. 3d 1349, 1353 (S.D. Fla. 2023) (quoting AF Holdings, LLC v. Does 1-1058, 752 F.3d 990, 998 (D.C. Cir. 2014)). Despite Plaintiff's efforts to link Defendants based off their pattern of infringement, Plaintiff ultimately "speculates as to the sellers' relationships without supporting evidence." See Price v. Individuals, P'Ships, & Unincorporated Ass'ns Identified on Schedule A, 821 F. Supp. 3d 1315, 1334 (M.D. Fla. 2026). This is not nearly sufficient to show that joinder is warranted. See id. at 1334-35 (dismissing as to all but one defendant on allegations substantially similar to the ones in the instant case). Finally, the Court notes that its discretion to sever misjoined parties is "virtually unfettered." See Alhassid v. Bank of Am., N.A., 60 F. Supp. 3d 1302, 1326 (S.D. Fla. 2014). The Court chooses to exercise that discretion here, where Plaintiff would avoid $6,480.00 in filing fees if allowed to proceed against all seventeen (17) Defendants in this case. Accordingly, UPON CONSIDERATION of the TRO Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Complaint (ECF No. 1) is DISMISSED WITHOUT PREJUDICE as to all Defendants except Defendant lingzhuo. The Clerk of Court is DIRECTED to SUBSTITUTE Defendant lingzhuo as the only Defendant in this action. In light of this Order, the TRO Motion (ECF No. 14) and Plaintiff's Renewed Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) (ECF No. 15) (together, the "Motions") are DENIED WITHOUT PREJUDICE. Should Plaintiff seek to proceed with this action, it may refile the Motions within seven (7) days of the date of this Order. Signed by Judge K. Michael Moore on 7/28/2026. (ss02)
Renewed MOTION for Service by Publication Plaintiffs Renewed Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof by Albion Brand Foundry Ltd. Responses due by 4/17/2026.
Renewed MOTION for Temporary Restraining Order by Albion Brand Foundry Ltd. Responses due by 4/17/2026.
原告提交TRO申请NOTICE of Striking [10] Plaintiff's MOTION for Temporary Restraining Order filed by Albion Brand Foundry Ltd, [11] Plaintiff's MOTION for Service by Publication Plaintiffs Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof filed by Albion Brand Foundry Ltd by Albion Brand Foundry Ltd
原告提交TRO申请ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/30/2026. See attached document for full details.
Plaintiff's MOTION for Service by Publication Plaintiffs Motion for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof by Albion Brand Foundry Ltd. Responses due by 4/13/2026.
OMNIBUS ORDER REGARDING SCHEDULE "A" CAUSES OF ACTION. Signed by Judge K. Michael Moore on 3/27/2026. See attached document for full details. (ss01)
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 3/27/2026. (ss01)
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 3/27/2026. (ss01)
原告撤诉/结案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 against The Partnerships, Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-19355097, filed by Albion Brand Foundry Ltd.
