Case details

Court: flsd
Docket #: 1:11-cv-24170
Case Name: Sunless, Inc. v. Beautyxpert, LLC
PACER case #: 390611
Date filed: 2011-11-18
Date terminated: 2012-05-08
Assigned to: Judge Donald M. Middlebrooks
Referred to: Magistrate Judge Dave Lee Brannon
Case Cause: 35:0271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Sunless, Inc.
Plaintiff
Charles Martin Rosenberg
Carlton Fields Jorden Burt, P.A. 100 SE 2nd Street Suite 4200 Miami, FL 33131-9101 305-530-0050 Fax: 305-530-0055 Email: crosenberg@cfjblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven M. Auvil
Benesch Friedlander Coplan & Aronoff 200 Public Square 2300 BP Tower Cleveland, OH 44114-2378 216-363-4500 Fax: 363-4588 Email: sauvil@beneschlaw.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Aaron Stenzler Weiss
Carlton Fields Jorden Burt, P.A. 100 SE 2nd Street Suite 4000 PO Box 019101 Miami, FL 33131-9101 305-530-0050 Fax: 305-530-0055 Email: aweiss@cfjblaw.com
ATTORNEY TO BE NOTICED

Beautyxpert, LLC
Defendant
Christopher Paradies
Paradies Law P.A. 15910 Armistead Ln Odessa, FL 33556 (727) 433-8529 Email: cparadies@paradieslaw.com
ATTORNEY TO BE NOTICED

Beautyxpert, LLC
Counter Claimant
Christopher Paradies
(See above for address)
ATTORNEY TO BE NOTICED

Sunless, Inc.
Counter Defendant
Charles Martin Rosenberg
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven M. Auvil
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Aaron Stenzler Weiss
(See above for address)
ATTORNEY TO BE NOTICED

Beautyxpert, LLC
Counter Claimant
Christopher Paradies
(See above for address)
ATTORNEY TO BE NOTICED

Sunless, Inc.
Counter Defendant
Charles Martin Rosenberg
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven M. Auvil
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Aaron Stenzler Weiss
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-11-18 1 0 COMPLAINT against BEAUTYXPERT, LLC. Filing fee $ 350.00 receipt number 113C-4245420, filed by SUNLESS, INC.. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summon(s))(Weiss, Aaron) (Entered: 11/18/2011)
2011-11-18 2 0 Judge Assignment to Judge Marcia G. Cooke (vjk) (Entered: 11/18/2011)
2011-11-18 3 0 Summons Issued as to BEAUTYXPERT, LLC. (vjk) (Entered: 11/18/2011)
2011-11-18 4 0 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (vjk) (Entered: 11/18/2011)
2011-12-02 5 0 Order Transferring Case Pursuant to Administrative Order 2011-53. This matter is hereby reassigned to the calendar of United States District Judge Donald M. Middlebrooks for all further proceedings, Judge Marcia G. Cooke no longer assigned to case. Signed by Judge Marcia G. Cooke on 11/30/2011. (tpe) (Entered: 12/02/2011)
2011-12-05 6 0 Stricken by DE 8 SUMMONS (Affidavit) Returned Executed on 1 Complaint by SUNLESS, INC.. BEAUTYXPERT, LLC served on 12/1/2011, answer due 12/22/2011. (Weiss, Aaron) Modified on 12/7/2011 (tp). (Entered: 12/05/2011)
2011-12-06 7 0 Clerks Notice to Filer re 6 Summons Returned Executed. Document Unreadable; CORRECTIVE ACTION REQUIRED - Filer must file a Notice of Striking, then refile a legible copy of the document. (tp) (Entered: 12/06/2011)
2011-12-06 8 0 NOTICE by SUNLESS, INC. TO STRIKE DOCKET ENTRY 6 (Weiss, Aaron) Modified link on 12/7/2011 (tp). (Entered: 12/06/2011)
2011-12-06 9 0 SUMMONS (Affidavit) Returned Executed on 1 Complaint by SUNLESS, INC.. (Weiss, Aaron) (Entered: 12/06/2011)
2011-12-19 10 0 MOTION to Dismiss 1 Complaint by BEAUTYXPERT, LLC. Responses due by 1/6/2012 (Paradies, Christopher) (Entered: 12/19/2011)
2011-12-19 11 0 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven Auvil. Filing Fee $ 75.00. Receipt # 30328. (ksa) (Entered: 12/20/2011)
2011-12-21 12 0 ORDER Granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings; per 11 Motion. Signed by Judge Donald M. Middlebrooks on 12/21/2011. (asl) (Entered: 12/21/2011)
2012-01-06 13 0 Plaintiff's AMENDED COMPLAINT against All Defendants, filed by SUNLESS, INC.. (Attachments: # 1 Exhibit A)(Weiss, Aaron) (Entered: 01/06/2012)
2012-01-17 14 0 ORDER denying as moot 10 Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 1/17/2012. (yha) (Entered: 01/18/2012)
2012-01-18 15 0 Corporate Disclosure Statement by SUNLESS, INC. identifying Corporate Parent SUNLESS INTERMEDIATE HOLDING COMPANY, Corporate Parent SUNLESS HOLDING COMPANY for SUNLESS, INC. (Weiss, Aaron) (Entered: 01/18/2012)
2012-01-20 16 0 Defendant's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , First COUNTERCLAIM against SUNLESS, INC. by BEAUTYXPERT, LLC.(Paradies, Christopher) (Entered: 01/20/2012)
2012-01-25 17 0 Corporate Disclosure Statement by BEAUTYXPERT, LLC (Paradies, Christopher) (Entered: 01/25/2012)
2012-02-10 18 0 Plaintiff's MOTION to Strike 16 Answer to Amended Complaint, Counterclaim First Affirmative Defense by SUNLESS, INC.. Responses due by 2/27/2012 (Weiss, Aaron) Modified on 2/13/2012 (ls). (Entered: 02/10/2012)
2012-02-13 19 0 ANSWER to Counterclaim and Afffirmative Defense and Jury Demand by SUNLESS, INC..(Weiss, Aaron) (Entered: 02/13/2012)
2012-02-24 20 0 RESPONSE in Opposition re 18 Plaintiff's MOTION to Strike 16 Answer to Amended Complaint, Counterclaim First Affirmative Defense filed by BEAUTYXPERT, LLC. (Paradies, Christopher) (Entered: 02/24/2012)
2012-02-28 21 0 ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Scheduling Conference, SCHEDULING ORDER Setting Trial Date: ( Jury Trial set for 8/13/2012 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/8/2012 01:15 PM before Judge Donald M. Middlebrooks.). Signed by Judge Donald M. Middlebrooks on 2/28/2012. (yha) (Entered: 02/28/2012)
2012-03-05 22 0 REPLY to Response to Motion re 18 Plaintiff's MOTION to Strike 16 Answer to Amended Complaint, Counterclaim First Affirmative Defense filed by SUNLESS, INC.. (Weiss, Aaron) (Entered: 03/05/2012)
2012-03-07 23 0 ORDER, ( Telephonic Scheduling Conference set for 3/14/2012 at 11:30 AM in West Palm Beach Division before Magistrate Judge Dave Lee Brannon.) Signed by Magistrate Judge Dave Lee Brannon on 3/7/2012. (sa) (Entered: 03/08/2012)
2012-03-14 24 0 Minute Entry for proceedings held before Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 3/14/2012. (Digital 11:30:18.) (sa) (Entered: 03/14/2012)
2012-03-14 25 0 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 3/23/2012. Discovery due by 5/21/2012. Joinder of Parties due by 3/23/2012. Motions due by 6/4/2012. Pretrial Stipulation due by 7/16/2012. Signed by Magistrate Judge Dave Lee Brannon on 3/14/2012. (sa) (Entered: 03/14/2012)
2012-03-23 26 0 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand , Renewed COUNTERCLAIM against Sunless, Inc. by Beautyxpert, LLC.(Paradies, Christopher) (Entered: 03/23/2012)
2012-03-29 27 0 NOTICE by Sunless, Inc. NOTICE OF FILING PROPOSED ORDER OF REFERRAL TO MEDIATION (Attachments: # 1 Text of Proposed Order)(Weiss, Aaron) (Entered: 03/29/2012)
2012-04-09 28 0 Plaintiff's MOTION to Strike 26 Answer to Complaint, Counterclaim by Sunless, Inc.. Responses due by 4/26/2012 (Weiss, Aaron) (Entered: 04/09/2012)
2012-04-09 29 0 ANSWER to Counterclaim by Sunless, Inc..(Weiss, Aaron) (Entered: 04/09/2012)
2012-04-11 30 0 Joint MOTION to Amend/Correct 25 Scheduling Order, Set/Reset Deadlines/Hearings,, JOINT MOTION TO AMEND PRE-TRIAL SCHEDULIMG ORDER TO ADDRESS CLAIM CONSTRUCTION by Beautyxpert, LLC, Sunless, Inc.. Responses due by 4/30/2012 (Attachments: # 1 Text of Proposed Order)(Weiss, Aaron) (Entered: 04/11/2012)
2012-04-17 31 0 Joint MOTION for Protective Order by Beautyxpert, LLC, Sunless, Inc.. (Attachments: # 1 Text of Proposed Order)(Weiss, Aaron) (Entered: 04/17/2012)
2012-04-19 32 0 ORDER Denying as moot 18 Plaintiff's Motion to Strike Defendant's Answer. Signed by Judge Donald M. Middlebrooks on 4/19/2012. (ar2) (Entered: 04/19/2012)
2012-04-20 33 0 ORDER Granting 30 Joint Motion to Amend the Pre-Trial Scheduling Order to Address Claim Construction and Notice of Markman Hearing. Signed by Judge Donald M. Middlebrooks on 4/20/2012. (See Order for Deadline Details). (ar2) (Entered: 04/23/2012)
2012-04-20 34 0 ORDER Granting 31 Joint Motion for Entry of Protective Order. Signed by Judge Donald M. Middlebrooks on 4/20/2012. (See Order for Details). (ar2) (Entered: 04/23/2012)
2012-04-26 35 0 RESPONSE in Opposition re 28 Plaintiff's MOTION to Strike 26 Answer to Complaint, Counterclaim and Affirmative Defenses filed by Beautyxpert, LLC. (Paradies, Christopher) (Entered: 04/26/2012)
2012-05-08 36 0 Joint MOTION to Dismiss 13 Amended Complaint, 26 Answer to Complaint, Counterclaim Pursuant to Parties' Settlement Agreement by Beautyxpert, LLC, Sunless, Inc.. Responses due by 5/25/2012 (Attachments: # 1 Text of Proposed Order)(Weiss, Aaron) (Entered: 05/08/2012)
2012-05-08 37 0 ORDER granting 36 Joint Motion to Dismiss with Prejudice. Signed by Judge Donald M. Middlebrooks on 5/8/2012. (ar2) (Entered: 05/08/2012)