Case 8:22-cv-02693-CEH-TGW Document 22 Filed 01/19/23 Page 1 of 7 PageID 336
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`UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`Plaintiffs.
`
`
`
`
`
`
`
`
`
`CASE NO. 8:22-cv-2693-CEH-TGW
`
`
`AGIOS MIXAEL, LLC and
`GOOD GREEK FRANCHISES, LLC
`
`
`
`v.
`
`ALL ABOUT MOVING TAMPA
`BAY, INC., a Florida corporation,
`PHILLIP DIAMOND, MELISIA
`DIAMOND, and DOES 1-10,
`
`Defendants.
`
`__________________________/
`
`
`Uniform Case Management Report
`The goal of this case management report is to “secure the just, speedy, and
`
`inexpensive determination of” the action. See Fed. R. Civ. P. 1. Under Local Rule
`3.02(a)(2), this case management report should be used in all civil cases except those
`described in Local Rule 3.02(d). Individual judges may have additional case
`management preferences that can be found under each judge’s name on the Court’s
`website, flmd.uscourts.gov/judges/all.
`
`1. Date and Attendees
`
`The parties may conduct the planning conference “in person, by telephone, or by
`comparable means[.]” See Local Rule 3.02(a)(1).
`
`The parties conducted the planning conference on 1/3/2021. Paul J. Punzone,
`David Lisko, Michael J. Colitz, III and John Atkinson attended the conference.
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`Plaintiffs.
`
`
`
`
`
`
`
`
`
`CASE NO. 8:22-cv-2693-CEH-TGW
`
`
`AGIOS MIXAEL, LLC and
`GOOD GREEK FRANCHISES, LLC
`
`
`
`v.
`
`ALL ABOUT MOVING TAMPA
`BAY, INC., a Florida corporation,
`PHILLIP DIAMOND, MELISIA
`DIAMOND, and DOES 1-10,
`
`Defendants.
`
`__________________________/
`
`
`Uniform Case Management Report
`The goal of this case management report is to “secure the just, speedy, and
`
`inexpensive determination of” the action. See Fed. R. Civ. P. 1. Under Local Rule
`3.02(a)(2), this case management report should be used in all civil cases except those
`described in Local Rule 3.02(d). Individual judges may have additional case
`management preferences that can be found under each judge’s name on the Court’s
`website, flmd.uscourts.gov/judges/all.
`
`1. Date and Attendees
`
`The parties may conduct the planning conference “in person, by telephone, or by
`comparable means[.]” See Local Rule 3.02(a)(1).
`
`The parties conducted the planning conference on 1/3/2021. Paul J. Punzone,
`David Lisko, Michael J. Colitz, III and John Atkinson attended the conference.
`
`
`
`
`
`
`
`
`
`
`
`Case 8:22-cv-02693-CEH-TGW Document 22 Filed 01/19/23 Page 2 of 7 PageID 337
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`2. Deadlines and Dates
`
`The parties request these deadlines and dates:
`
`
`Action or Event
`Deadline for providing mandatory initial disclosures. See Fed. R.
`Civ. P. 26(a)(1).
`
`Date
`
` 1/20/2023
`
`Deadline for moving to join a party, see Fed. R. Civ. P. 14, 19,
`and 20, or amend the pleadings, see Fed. R. Civ. P. 15(a).
`
`Plaintiff’s deadline for disclosing any expert report. See Fed. R.
`Civ. P. 26(a)(2).
`
`Defendant’s deadline for disclosing any expert report.
`
`Deadline for disclosing any rebuttal expert report.
`
`Deadline for completing discovery and filing any motion to
`compel discovery. See Fed. R. Civ. P. 37; Middle District
`Discovery (2021).
`
`2/16/2023
`
`7/28/2023
`
`8/30/2023
`
`9/29/2023
`
`12/20/2023
`
`Deadline for moving for class certification, if applicable. See
`Fed. R. Civ. P. 23(c).
`
`n/a
`
`Deadline for filing any dispositive and Daubert motion. See Fed.
`R. Civ. P. 56. (Must be at least five months before requested trial
`date.)
`
`1/31/2024
`
`Deadline for participating in mediation. See Local Rules, ch. 4.
`The Parties agree to stipulate to a mediator at a later date.
`
`Date of the final pretrial meeting. See Local Rule 3.06(a).
`
`Deadline for filing the joint final pretrial statement, any motion
`in limine, proposed jury instructions, and verdict form. See Local
`Rule 3.06(b). (Must be at least seven days before the final pretrial
`conference.)
`
`1/31/2024
`
`3/18/2024
`
`3/25/2024
`
`2
`
`
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`Case 8:22-cv-02693-CEH-TGW Document 22 Filed 01/19/23 Page 3 of 7 PageID 338
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`Date of the final pretrial conference. See Fed. R. Civ. P. 16(e);
`Local Rule 3.06(b).
`
`Month and year of the trial term.
`
`4/1/2024
`
`7/10/2024
`
`
`The trial will last approximately 3 days and be
`
` ☒
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` jury.
`☐ non-jury.
`
`3. Description of the Action
`
`This action is brought against All About Moving Tampa Bay, Inc., Phillip
`Diamond, and Melisia Diamond (“Defendants”), and Does 1-10 by Agios
`Mixael, LLC and
` Good Greek Franchises, LLC (“Plaintiffs”). Plaintiffs assert that Defendants are
`actively infringing on Plaintiffs’ registered trademarks and violating Plaintiffs’
`copyrights.
`
`Defendants deny the allegations against them.
`
`
`
`4. Disclosure Statement
`
` ☒
`
` The parties have filed their disclosure statement as required by Federal Rule
`of Civil Procedure 7.1 and Local Rule 3.03.
`
`5. Related Action
`
` ☒
`
` The parties acknowledge their continuing duty under Local Rule 1.07(c) to
`notify the judge of a related action pending in the Middle District or elsewhere
`by filing a “Notice of a Related Action.” No notice need be filed if there are no
`related actions as defined by the rule.
`
`6. Consent to a Magistrate Judge
`
`“A United States magistrate judge in the Middle District can exercise the
`maximum authority and perform any duty permitted by the Constitution and other
`
`3
`
`
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`Case 8:22-cv-02693-CEH-TGW Document 22 Filed 01/19/23 Page 4 of 7 PageID 339
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`laws of the United States.” Local Rule 1.02(a). With the parties’ consent, a
`district judge can refer any civil matter to a magistrate judge for any or all
`proceedings, including a non-jury or jury trial. 28 U.S.C. § 636(c).
`
`The Court asks the parties and counsel to consider the benefits to the parties and
`the Court of consenting to proceed before a magistrate judge. Consent can
`provide the parties certainty and flexibility in scheduling. Consent is voluntary,
`and a party for any reason can decide not to consent and continue before the
`district judge without adverse consequences. See Fed. R. Civ. P. 73(b)(2).
`
` ☐
`
` ☒
`
` The parties do consent and file with this case management report a completed
`Form AO 85 “Notice, Consent, and Reference of a Civil Action to a Magistrate
`Judge,” which is available on the Court’s website under “Forms.”
`☒ The parties do not consent.
`
`7. Preliminary Pretrial Conference
`
` The parties do not request a preliminary pretrial conference before the Court
`enters a scheduling order.
`☐ The parties do request a preliminary pretrial conference, and the parties want
`to discuss enter discussion points.
`
`
`
`
`4
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`
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`Case 8:22-cv-02693-CEH-TGW Document 22 Filed 01/19/23 Page 5 of 7 PageID 340
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`
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`8. Discovery Practice
`
`The parties should read the Middle District Discovery Handbook, available on
`the Court’s website at
`flmd.uscourts.gov/civil-discovery-handbook,
`to
`understand discovery practice in this District.
`☒ The parties confirm they will comply with their duty to confer with the
`opposing party in a good faith effort to resolve any discovery dispute before filing
`a motion. See Local Rule 3.01(g); Middle District Discovery (2021) at § I.A.2.
`
`9. Discovery Plan
`
`The parties submit the following discovery plan under Rule 26(f)(2):
`
`
`
`
`
`A. The parties agree to the timing, form, or requirement for disclosures
`under Rule 26(a):
`☒ Yes.
`☐ No; instead, the parties agree to these changes: enter changes.
`
`B. Discovery may be needed on these subjects:
`• Defendants’ alleged use of the trademarks, copyrighted works, and
`confusingly similar marks;
`• Defendants’ marketing and advertising efforts;
`• Whether the asserted and accused trademarks are likely to be
`confused;
`• Whether the Plaintiffs are the senior or junior users of the asserted
`trademarks;
`• Whether the asserted copyrights are substantially similar to the work
`accused of infringement;
`• Whether Defendants had access to the copyrighted works;
`• What protection, if any, is to be afforded the asserted copyrights;
`• Any monetary damages alleged by the Plaintiffs;
`• Any sales or profit realized by Defendant due to its alleged use of the
`trademarks and copyrighted works;
`• The identity of Does 1-10;
`• The parties reserve the right to amend this list or seek additional
`discovery supporting their claims and defenses as needed.
`
`5
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`
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`Case 8:22-cv-02693-CEH-TGW Document 22 Filed 01/19/23 Page 6 of 7 PageID 341
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`C. Discovery should be conducted in phases:
`☒ No.
`☐ Yes; describe the suggested phases.
`D. Are there issues about disclosure, discovery, or preservation of
`electronically stored information?
`☐ No.
`☒ Yes; The parties wish to reserve their right to claim issues regarding
`ESI in case they believe there are issues once discovery begins. The
`parties will execute a mutually agreeable confidentiality agreement prior
`to the production of documents in this case.
`E. ☒ The parties have considered privilege and work-product issues,
`including whether to ask the Court to include any agreement in an order
`under Federal Rule of Evidence 502(d).
`
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`F. The parties stipulate to changes to the limitations on discovery imposed
`under the Federal Rules of Civil Procedure and Local Rule 3.04 or other
`limitations:
`☒ No.
`☐ Yes; describe the stipulation.
`
`10. Request for Special Handling
`
` ☒
`
` The parties do not request special handling.
`☐ The parties request special handling. Specifically, describe requested special
`handling.
`☐ Enter party’s name unilaterally requests special handling. Specifically,
`describe requested special handling.
`
`
`
`6
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`Case 8:22-cv-02693-CEH-TGW Document 22 Filed 01/19/23 Page 7 of 7 PageID 342
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`11. Certification of familiarity with the Local Rules
`
` ☒
`
` The parties certify that they have read and are familiar with the Court’s Local
`Rules.
`
`12. Signatures
`
` /s/ Paul J. Punzone
`David J. Lisko
`Florida Bar No. 0092841
`david.lisko@hklaw.com
`Paul Punzone
`Florida Bar No. 1003511
`paul.punzone@hklaw.com
`HOLLAND & KNIGHT LLP
`100 N. Tampa Street, Suite 4100
`Tampa, FL 33602
`(813) 227-8500
`(813) 229-0134 (fax)
`Counsel for Plaintiffs
`
`
`
`
`
`
`
` /s/ Michael J. Colitz
`Michael J. Colitz, III
`Trial Counsel
`Florida Bar No. 164348
`michael.colitz@gray-robinson.com
`Emily M. Heim
`Florida Bar No. 1015867
`emily.heim@gray-robinson.com
`GRAYROBINSON, P.A.
`401 E. Jackson Street, Suite 2700
`Tampa, FL 33602
`Tel: (813) 273-5000
`Fax: (813) 273-5145
`Secondary email:
`shelia.fenimore@gray-robinson.com
`Counsel for Defendants
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`7
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