Brecka v. The Individuals, Entities, and Unincorporated Associations, et al.
| Florida Southern District Court | |
| Judge: | William P Dimitrouleas |
| Referred: | Patrick M Hunt |
| Case #: | 0:24-cv-60162 |
| Nature of Suit | 840 Property Rights - Trademark |
| Cause | 15:44 Trademark Infringement |
| Case Filed: | Jan 29, 2024 |
| Last checked: Monday Jul 01, 2024 5:20 PM EDT |
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Defendant
GroundingWell
30963 San Benito Street
Hayward, CA 94544 |
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Defendant
The Individuals, Entities, and Unincorporated Associations
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Defendant
Wellness Today
30963 San Benito Street
Hayward, CA 34544 |
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Plaintiff
Gary Brecka
an individual 201 E Las Olas Boulevard Suite 1500
Ft. Lauderdale, FL 33029 |
Represented By
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| Docket last updated: 63 minutes ago |
| Tuesday, July 02, 2024 | ||
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2
pgs
notice
Notice (Other)
Tue 07/02 2:05 PM
Amended NOTICE of Previously Awarded Fees and Costs by Gary Brecka re27 Order (Lottenberg, Geoffrey) |
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| 28 | 28
2
pgs
notice
Notice (Other)
Tue 07/02 1:20 PM
Plaintiff's NOTICE of Previously Awarded Fees and Costs by Gary Brecka re27 Order (Lottenberg, Geoffrey) |
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| Friday, June 28, 2024 | ||
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pgs
order
- Order (PAPERLESS or pdf attached)
Fri 06/28 11:00 AM
ORDER REQUIRING NOTICE OF PREVIOUSLY AWARDED FEES AND COSTS. Signed by Magistrate Judge Patrick M. Hunt on 6/28/2024. See attached document for full details. (hhr) |
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| Tuesday, April 02, 2024 | ||
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order
Order Setting/Resetting/Cancelling Hearing
Tue 04/02 2:44 PM
PAPERLESS Order Setting Status Conference. Status Conference set for 4/4/2024 at 2 p.m. via Zoom in Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Zoom Meeting ID: 160 0169 1761. Passcode: 334775. Signed by Magistrate Judge Patrick M. Hunt on 4/2/2024. (hhr) |
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| Monday, April 01, 2024 | ||
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notice
Notice of Compliance
Tue 04/02 9:45 AM
NOTICE of Compliance re23 Order on Motion for Default Judgment,,, (nan) A copy of the Order was mailed to the Defendants. |
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| 24 | 24
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pgs
order
Order Referring Case to Magistrate Judge
Tue 04/02 9:41 AM
ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for a hearing, if necessary, and for determination of damages and other relief. Signed by Judge William P. Dimitrouleas on 4/1/2024. See attached document for full details. (nan) Modified text on 4/2/2024 (pes). |
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order
Order on Motion for Default Judgment
Tue 04/02 9:38 AM
ORDER GRANTING PLAINTIFF'S MOTION FOR FINAL DEFAULT JUDGMENT; ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR A DETERMINATION OF DAMAGES AND OTHER RELIEF. ORDER granting20 Motion for Default Judgment. Pursuant to 28 U.S.C. ' 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, this matter is hereby REFERRED to United States Magistrate Judge Patrick M. Hunt for a hearing, if necessary, and for determination of damages and other relief. The Court defers entry of a final judgment against Defendants pursuant to Fed. R. Civ. P. 58(a) until the adjudication of the issues set forth in paragraph 2, supra. The Clerk is DIRECTED to mail a copy of this Order to Defendants at the address listed below. Signed by Judge William P. Dimitrouleas on 4/1/2024. See attached document for full details. (nan) |
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| Monday, March 18, 2024 | ||
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notice
Notice of Compliance
Mon 03/18 1:11 PM
NOTICE of Compliance re21 Order to Show Cause, (nan) A copy of the Order was mailed to the Defendants. |
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pgs
order
Order to Show Cause
Mon 03/18 1:10 PM
ORDER TO SHOW CAUSE WHY COURT SHOULD NOT GRANT MOTION FOR DEFAULT JUDGMENT. On or before March 28, 2024, Defendants shall respond to this Order to Show Cause, showing why this Motion should not be granted. Show Cause Response due by 3/28/2024. The Clerk is DIRECTED to mail a copy of this Order to Defendants at the address listed below. Signed by Judge William P. Dimitrouleas on 3/18/2024. See attached document for full details. (nan) |
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| Thursday, March 14, 2024 | ||
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20
pgs
motion
Default Judgment
Thu 03/14 5:46 PM
Plaintiff's MOTION for Default Judgment (Final) by Gary Brecka.(Lottenberg, Geoffrey) |
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Att: 1
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Exhibit "1" Declaration of Gary Brecka,
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Att: 2
8 pgs
Exhibit "2" Declaration of Geoffrey Lottenberg,
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Att: 3
17 pgs
Text of Proposed Order Proposed Order,
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Att: 4
2 pgs
Supplement Proposed Final Judgment
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| Tuesday, March 12, 2024 | ||
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order
Order to Show Cause
Tue 03/12 1:16 PM
ORDER TO SHOW CAUSE FOR LACK OF PROSECUTION. On or before March 19, 2024, Plaintiff shall either move for default judgment as to the Defendants or show cause why he has not done so; and a failure to comply with this Order may result in immediate dismissal without prejudice. Show Cause Response due by 3/19/2024. Signed by Judge William P. Dimitrouleas on 3/12/2024. See attached document for full details. (nan) |
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| Friday, March 01, 2024 | ||
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2
pgs
order
Clerk's Entry/Non-Entry of Default - FORM
Fri 03/01 1:23 PM
Clerk's Entry of Default as to Wellness Today, GroundingWell. Granting17 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 3/1/2024. (scn) |
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pgs
motion
Clerk's Entry of Default
Fri 03/01 8:29 AM
Plaintiff's MOTION for Clerk's Entry of Default as to All Defendants by Gary Brecka. (Lottenberg, Geoffrey) |
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| Wednesday, February 28, 2024 | ||
| 16 | 16
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pgs
notice
Notice of Compliance
Wed 02/28 6:29 PM
NOTICE of Compliance with Court Order by Gary Brecka re15 Preliminary Injunction (Lottenberg, Geoffrey) |
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Att: 1
3 pgs
Exhibit "A" Returns of Service
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| Friday, February 16, 2024 | ||
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order
Preliminary Injunction
Tue 02/20 8:25 AM
ORDER GRANTING PLAINTIFF'S5 APPLICATION FOR ENTRY OF PRELIMINARY INJUNCTION. Signed by Judge William P. Dimitrouleas on 2/16/2024. See attached document for full details. (scn) |
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| Thursday, February 15, 2024 | ||
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2
pgs
notice
Notice of Attorney Appearance
Thu 02/15 10:07 AM
NOTICE of Attorney Appearance by Ana Elena Kauffmann on behalf of Gary Brecka. Attorney Ana Elena Kauffmann added to party Gary Brecka(pty:pla). (Kauffmann, Ana) |
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notice
Notice (Other)
Thu 02/15 12:32 AM
Plaintiff's NOTICE of Filing Original Returns of Service by Gary Brecka re7 Order Setting/Resetting/Cancelling Hearing,,,,,,,, Terminate Motions,,,,,,, (Lottenberg, Geoffrey) |
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Att: 1
3 pgs
Exhibit "A" Original Returns of Service re Service of Order
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| Thursday, February 08, 2024 | ||
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service
Summons (Affidavit) Returned Executed
Thu 02/08 4:19 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gary Brecka. Wellness Today served on 2/1/2024, response/answer due 2/22/2024. (Lottenberg, Geoffrey) |
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pgs
service
Summons (Affidavit) Returned Executed
Thu 02/08 4:15 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Gary Brecka. GroundingWell served on 2/1/2024, response/answer due 2/22/2024. (Lottenberg, Geoffrey) |
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| 10 | 10
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pgs
notice
Notice of Compliance
Thu 02/08 4:06 PM
NOTICE of Compliance with Court Order by Gary Brecka re7 Order Setting/Resetting/Cancelling Hearing,,,,,,,, Terminate Motions,,,,,,, (Lottenberg, Geoffrey) |
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Att: 1
3 pgs
Exhibit "A" Returns of Service
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| Tuesday, February 06, 2024 | ||
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8
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misc
Bond
Tue 02/06 1:54 PM
BOND in the amount of $10,000.00 receipt # 17958 posted by Gary Brecka. DE7 Order. Approved by Judge William P. Dimitrouleas (ebz) Modified text on 2/6/2024 (ebz). |
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| Friday, February 02, 2024 | ||
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pgs
order
Order Requiring Joint Scheduling Report
Mon 02/05 11:20 AM
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 2/2/2024. See attached document for full details. (nan) |
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order
Order Setting/Resetting/Cancelling Hearing ~Util - Terminate Motions
Mon 02/05 10:33 AM
ORDER ON PLAINTIFF'S APPLICATION FOR ENTRY OF TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION. (Preliminary Injunction Hearing set for 2/16/2024 10:30 AM in Fort Lauderdale Division before Judge William P. Dimitrouleas.) For the reasons set forth herein, Plaintiffs Application for Temporary Restraining Order [DE5 ] is GRANTED. BOND TO BE POSTED. Pursuant to Federal Rule of Civil Procedure 65(c), Plaintiff shall post a bond in the amount of Ten Thousand Dollars and Zero Cents ($10,000.00), as payment of damages to which Defendants may be entitled for a wrongful injunction during the pendency of this action, or until further Order of the Court. In the Court's discretion, the bond may be subject to increase should an application be made in the interest of justice. The Court also reserves the right to reconsider whether a bond in the amount of $10,000.00 is sufficient. Failure to post the bond shall result in an Order denying Plaintiff's request for a temporary restraining order and preliminary injunction. Any response or opposition to Plaintiff's Motion for Preliminary Injunction must be filed and served on Plaintiff's counsel by February 8, 2024. Plaintiff shall file any Reply Memorandum on or before February 13, 2024. Motions terminated:5 Plaintiff's MOTION for Temporary Restraining Order Plaintiff's MOTION for Preliminary Injunction filed by Gary Brecka. Motions terminated:5 Plaintiff's MOTION for Temporary Restraining Order Plaintiff's MOTION for Preliminary Injunction filed by Gary Brecka. Signed by Judge William P. Dimitrouleas on 2/2/2024. See attached document for full details. (nan) |
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| Wednesday, January 31, 2024 | ||
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2
pgs
notice
Notice (Other)
Wed 01/31 2:40 PM
Plaintiff's NOTICE of Filing Proposed Order by Gary Brecka re5 Plaintiff's MOTION for Temporary Restraining Order Plaintiff's MOTION for Preliminary Injunction (Lottenberg, Geoffrey) |
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Att: 1
6 pgs
Exhibit "A" Proposed Order to Plaintiff's Application for Entry of Temporary Restraining Order and Preliminary Injunction
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| Tuesday, January 30, 2024 | ||
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17
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motion
Temporary Restraining Order Preliminary Injunction
Tue 01/30 1:52 PM
Plaintiff's MOTION for Temporary Restraining Order ( Responses due by 2/13/2024.), Plaintiff's MOTION for Preliminary Injunction by Gary Brecka.(Lottenberg, Geoffrey) |
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Att: 1
16 pgs
Exhibit "A" Declaration of Geoffrey Lottenberg in Support of Plaintiff's Application for Entry of Temporary Restraining Order
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misc
Form AO 120/121
Tue 01/30 10:44 AM
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (nan) |
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Att: 1
14 pgs
Complaint,
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Att: 2
2 pgs
Exhibit A,
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Att: 3
16 pgs
Exhibit A,
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Att: 4
2 pgs
Exhibit B
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service
Summons Issued
Tue 01/30 10:37 AM
Summons Issued as to The Individuals, Entities, and Unincorporated Associations/ DBA/ Grounding Well, Wellness Today. (nan) |
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| Monday, January 29, 2024 | ||
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order
Clerk's Notice of Judge Assignment and Optional Consent
Tue 01/30 10:27 AM
Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (nan) |
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14
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cmp
Complaint
Mon 01/29 3:26 PM
COMPLAINT (Verified) against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17249471, filed by Gary Brecka.(Lottenberg, Geoffrey) |
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Att: 1
1 pgs
Civil Cover Sheet,
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Att: 2
2 pgs
Summon(s),
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Att: 3
2 pgs
Summon(s),
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Att: 4
2 pgs
Exhibit "A" Screenshot of First Ad,
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Att: 5
2 pgs
Exhibit "B" Screenshot of Second Ad,
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Att: 6
17 pgs
Memorandum Plaintiff's Application for Entry of Temporary Restraining Order and Preliminary Injunction,
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Att: 7
16 pgs
Exhibit "A" Declaration of Geoffrey Lottenberg in Support of Plaintiff's Application for Entry of Temporary Restraining Order
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