Diamond Heads, LLC et al v. Depot Auto Sales, Inc. et al

Federal Civil Lawsuit Florida Middle District Court, Case No. 8:07-cv-00840
District Judge Susan C Bucklew, presiding
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District Judge Susan C Bucklew
Last Updated January 21, 2017 at 3:08 PM EST (9.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Diamond Heads, LLC, Plaintiff

Represented by Akerman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard H. Martin +1 813 223 7333 +1 813 223 2837 richard.martin@akerman.com

Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
TERMINATED: 07/30/2007, LEAD ATTORNEY, ATTORNEY TO BE NOTICED F. Christopher Austin +1 702 792 3373 austinc@gtlaw.com
TERMINATED: 07/30/2007, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Torres +1 813 318 5721 +1 813 318 5900 torresch@gtlaw.com

Represented by Suite 1900

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com

Represented by Trask, Britt & Rosa

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dickson H Burton +1 801 532 1922 hdburton@traskbritt.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Bradley B. Jensen +1 801 799 5700 +1 801 799 5700 bbjensen@hollandhart.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Krista W Powell +1 801 532 1922 kwpowell@traskbritt.com
No Logo Keith Brinton, Plaintiff

Represented by Akerman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard H. Martin +1 813 223 7333 +1 813 223 2837 richard.martin@akerman.com

Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
TERMINATED: 07/30/2007, LEAD ATTORNEY, ATTORNEY TO BE NOTICED F. Christopher Austin +1 702 792 3373 austinc@gtlaw.com
TERMINATED: 07/30/2007, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Torres +1 813 318 5721 +1 813 318 5900 torresch@gtlaw.com

Represented by Suite 1900

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com

Represented by Trask, Britt & Rosa

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dickson H Burton +1 801 532 1922 hdburton@traskbritt.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Bradley B. Jensen +1 801 799 5700 +1 801 799 5700 bbjensen@hollandhart.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Krista W Powell +1 801 532 1922 kwpowell@traskbritt.com
No Logo Timothy Murray, Counter-Claimant

Represented by Timothy Murray

Name Phone Fax E-Mail
Space Timothy Murray
v.
No Logo Depot Auto Sales, Inc., Defendant
No Logo Timothy Murray, Defendant

Represented by Burr & Forman LLP

Name Phone Fax E-Mail
TERMINATED: 09/10/2007, LEAD ATTORNEY Harvey Stuart Kauget +1 813 367 5755 +1 813 472 7570 hkauget@burr.com

Represented by FELD ENTERTAINMENT, INC.

Name Phone Fax E-Mail
TERMINATED: 09/10/2007, LEAD ATTORNEY Eric Robert Pellenbarg +1 813 472 7599 +1 813 472 7570 epellenbarg@feldinc.com

Represented by High-Noon Cycles

Name Phone Fax E-Mail
Space Timothy Murray +1 352 628 4725
No Logo Diamond Heads, LLC, Counter-Defendant

Represented by Akerman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard H. Martin +1 813 223 7333 +1 813 223 2837 richard.martin@akerman.com

Represented by Suite 1900

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com
No Logo Keith Brinton, Counter-Defendant

Represented by Akerman LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard H. Martin +1 813 223 7333 +1 813 223 2837 richard.martin@akerman.com

Represented by Suite 1900

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Pedro F. Bajo, Jr. +1 813 443 2199 +1 813 443 2193 pedro.bajo@bajocuva.com
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 830 - Property Rights: Patent
Timeline
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Legal Document (Payment Possibly Required) 39 Filed: 11/9/2007, Entered: None Court Filing
CONSENT JUDGMENT. The Clerk is directed to close this case. Signed by Judge Susan C Bucklew on 11/9/2007. (jd, ) (Entered: 11/09/2007)
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Legal Document (Payment Possibly Required) 38 Filed: 11/9/2007, Entered: None Court Filing
ENDORSED ORDER terminating 13 Motion to Dismiss; 14 Motion to strike, because the parties have settled this case and submitted a 37 proposed Consent judgment. Signed by Judge Susan C Bucklew on 11/9/2007. (jd, ) (Entered: 11/09/2007)
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Legal Document (Payment Possibly Required) 37 Filed: 11/8/2007, Entered: None
PROPOSED CONSENT JUDGMENT Stipulation by the Parties by Keith Brinton. (Attachments: # 1 Text of Proposed Order Entry of Consent Judgment and Permanent Injunction)(Burton, H.) (Entered: 11/08/2007)
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Legal Document (Payment Possibly Required) 36 Filed: 11/8/2007, Entered: None
STIPULATION of Dismissal by Keith Brinton. (Burton, H.) (Entered: 11/08/2007)
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Legal Document (Payment Possibly Required) 35 Filed: 11/6/2007, Entered: None Court Filing
ENDORSED ORDER directing Plaintiff to file a notice informing the Court of the status of the settlement in this case by 11/13/07. Signed by Judge Susan C Bucklew on 11/6/2007. (jd, ) (Entered: 11/06/2007)
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Legal Document (Payment Possibly Required) 34 Filed: 10/19/2007, Entered: None Court Filing
MINUTE ENTRY for proceedings held before Judge Susan C Bucklew : Status Conference held on 10/19/2007. Court Reporter: Paul Spangler (ls ) (Entered: 10/19/2007)
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Legal Document (Payment Possibly Required) 33 Filed: 10/19/2007, Entered: None Court Filing
ORDER directing Defendant to respond to pending motions and to the dates set forth in the case management report by October 26, 2007. Signed by Judge Susan C Bucklew on 10/19/2007. (jd, ) (Entered: 10/19/2007)
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Legal Document (Payment Possibly Required) 32 Filed: 10/15/2007, Entered: None
CASE MANAGEMENT REPORT. (Bajo, Pedro) (Entered: 10/15/2007)
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Legal Document (Payment Possibly Required) 31 Filed: 10/12/2007, Entered: None Court Filing
AMENDED NOTICE of Hearing: Status Conference set for 10/19/2007 at 09:30 AM in Courtroom 14 A before Judge Susan C Bucklew. ORDER RE-DOCKETED TO CORRECT TIME OF HEARING IN 30 PRIOR ENTRY.(jd, ) (Entered: 10/12/2007)
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Legal Document (Payment Possibly Required) 30 Filed: 10/11/2007, Entered: None Court Filing
NOTICE of Hearing: Status Conference set for 10/19/2007 at 08:30 AM in Courtroom 14 A before Judge Susan C Bucklew. (jd, ) (Entered: 10/11/2007)
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Legal Document (Payment Possibly Required) 29 Filed: 9/25/2007, Entered: None Court Filing
ORDER re 13 MOTION to dismiss Counterclaim and 14 MOTION to strike and/or Motion for More Definite Statement of Defendant's Second Affirmative Defense: Defendant Murray is directed to file a response to these motions by October 10, 2007 or the Court will consider the motions to be unopposed. Additionally, Plaintiffs are directed to file a joint case management report by October 15, 2007. Signed by Judge Susan C Bucklew on 9/25/2007. (jd, ) (Entered: 09/25/2007)
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Legal Document (Payment Possibly Required) 28 Filed: 9/10/2007, Entered: None Court Filing
ORDER granting 17 Motion to withdraw as attorney.. Signed by Judge Susan C Bucklew on 9/10/2007. (jd, ) (Entered: 09/10/2007)
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Legal Document (Payment Possibly Required) 27 Filed: 8/28/2007, Entered: None
NOTICE by Diamond Heads, LLC re 15 Order on motion to appear pro hac vice, Notice of Compliance (Burton, H.) (Entered: 08/28/2007)
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Legal Document (Payment Possibly Required) 26 Filed: 8/28/2007, Entered: None
NOTICE by Diamond Heads, LLC re 15 Order on motion to appear pro hac vice, Notice of Compliance (Jensen, Bradley) (Entered: 08/28/2007)
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Legal Document (Payment Possibly Required) 25 Filed: 8/27/2007, Entered: None
NOTICE by Diamond Heads, LLC re 15 Order on motion to appear pro hac vice, Notice of Compliance (Powell, Krista) Modified on 8/28/2007 (jlh, ). DOCUMENT TERMINATED; INCORRECT COUNSEL FILED; COUNSEL TO RE-FILE (Entered: 08/27/2007)
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Legal Document (Payment Possibly Required) 24 Filed: 8/27/2007, Entered: None
NOTICE by Diamond Heads, LLC re 15 Order on motion to appear pro hac vice, Notice of Compliance (Powell, Krista) Modified on 8/28/2007 (jlh, ). DOCUMENT TERMINATED; INCORRECT COUNSEL FILED; COUNSEL TO RE-FILE (Entered: 08/27/2007)
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Legal Document (Payment Possibly Required) 23 Filed: 8/27/2007, Entered: None
NOTICE by Diamond Heads, LLC re 15 Order on motion to appear pro hac vice, Notice of Compliance (Powell, Krista) (Entered: 08/27/2007)
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Legal Document (Payment Possibly Required) 22 Filed: 8/23/2007, Entered: None Court Filing
ENDORSED ORDER re 21 Notice of Voluntary Dismissal: Plaintiffs' claims against Depot Auto Sales are dismissed without prejudice. Signed by Judge Susan C Bucklew on 8/23/2007. (jd, ) (Entered: 08/23/2007)
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Legal Document (Payment Possibly Required) 21 Filed: 8/23/2007, Entered: None
NOTICE of Voluntary Dismissal by Diamond Heads, LLC, Keith Brinton (Martin, Richard) (Entered: 08/23/2007)
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Legal Document (Payment Possibly Required) 20 Filed: 8/23/2007, Entered: None
RESPONSE TO ORDER TO SHOW CAUSE 19 Order to show cause,, by Diamond Heads, LLC, Keith Brinton. (Martin, Richard) (Entered: 08/23/2007)
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Legal Document (Payment Possibly Required) 19 Filed: 8/16/2007, Entered: None Court Filing
ENDORSED ORDER TO SHOW CAUSE: A review of the file reveals that Defendant Depot Auto Sales has failed to file a response to the complaint, and Plaintiffs have failed to promptly apply to the Clerk for entry of default pursuant to Local Rule 1.07. Therefore, Plaintiff is directed to SHOW CAUSE, in writing on or before 8/23/07, why this action should not be dismissed against Defendant Depot Auto Sales for lack of prosecution pursuant to Local Rule 3.10. Failure to respond shall result in this action being dismissed without further notice. Signed by Judge Susan C Bucklew on 8/16/2007. (jd, ) (Entered: 08/16/2007)
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Legal Document (Payment Possibly Required) 18 Filed: 8/16/2007, Entered: None Court Filing
ORDER granting 17 Unopposed MOTION for Enlargement of Time to respond to pending motions to dismiss and strike. Defendant Murray's response is due by 9/24/07. Signed by Judge Susan C Bucklew on 8/16/2007. (jd, ) (Entered: 08/16/2007)
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Legal Document (Payment Possibly Required) 17 Filed: 8/15/2007, Entered: None Court Filing
Unopposed MOTION for Eric Pellenbarg and Harvey Kauget to withdraw as attorney and Request for Enlargement of Time by Timothy Murray. (Pellenbarg, Eric) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 08/15/2007)
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Legal Document (Payment Possibly Required) 16 Filed: 8/3/2007, Entered: None
NOTICE by Diamond Heads, LLC, Keith Brinton re 14 MOTION to strike and/or Motion for More Definite Statement of Defendant's Second Affirmative Defense and Supporting Memorandum of Law AMENDED NOTICE OF COMPLIANCE WITH LOCAL RULE 3.01(g) (Bajo, Pedro) (Entered: 08/03/2007)
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Legal Document (Payment Possibly Required) 15 Filed: 8/2/2007, Entered: None Court Filing
ENDORSED ORDER granting 9 motion to appear pro hac vice. Krista Powell, Bradley Jenson, and H. Dickson Burton are directed to sign up for CM/ECF, enter an email address in their CM/ECF accounts, and electronically file a notice of compliance with this Court's Order by 8/30/07. The Clerk is directed not to send paper copies to them after sending this Order. Signed by Judge Susan C Bucklew on 8/2/2007. (jd, ) (Entered: 08/02/2007)
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Legal Document (Payment Possibly Required) 14 Filed: 8/2/2007, Entered: None Court Filing
MOTION to strike and/or Motion for More Definite Statement of Defendant's Second Affirmative Defense and Supporting Memorandum of Law by Diamond Heads, LLC, Keith Brinton. (Bajo, Pedro) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 08/02/2007)
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Legal Document (Payment Possibly Required) 13 Filed: 8/2/2007, Entered: None
MOTION to dismiss Counterclaim and Supporting Memorandum of Law by Diamond Heads, LLC, Keith Brinton. (Bajo, Pedro) (Entered: 08/02/2007)
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Legal Document (Payment Possibly Required) 12 Filed: 7/30/2007, Entered: None
RETURN of service executed on 05/29/07 by Diamond Heads, LLC, Keith Brinton as to Diamond Heads, LLC. (ldb) (Entered: 07/31/2007)
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Legal Document (Payment Possibly Required) 11 Filed: 7/30/2007, Entered: None
RETURN of service executed on 05/29/07 by Diamond Heads, LLC, Keith Brinton as to Timothy Murray. (ldb) (Entered: 07/31/2007)
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Legal Document (Payment Possibly Required) 10 Filed: 7/30/2007, Entered: None Court Filing
ENDORSED ORDER granting 8 Motion to substitute attorney. The Clerk is directed to terminate Christopher Torres and F. Christopher Austin from the docket sheet. Signed by Judge Susan C Bucklew on 7/30/2007. (jd, ) (Entered: 07/30/2007)
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Legal Document (Payment Possibly Required) 9 Filed: 7/27/2007, Entered: None Court Filing
MOTION for Krisa Weber Powell, Bradley B. Jensen and H. Dickson Burton to appear pro hac vice by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Bajo, Pedro) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 07/27/2007)
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Legal Document (Payment Possibly Required) 8 Filed: 7/27/2007, Entered: None Court Filing
Unopposed MOTION to substitute attorney by Diamond Heads, LLC, Keith Brinton. (Bajo, Pedro) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 07/27/2007)
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Legal Document (Payment Possibly Required) 7 Filed: 7/10/2007, Entered: None
Defendant Timothy Murray d/b/a High Noon Cycles' ANSWER and affirmative defenses to complaint with Jury Demand, COUNTERCLAIM against all plaintiffs by Timothy Murray. (Attachments: # 1 Exhibit Defendant's Exhibit A# 2 Exhibit Defendant's Exhibit B)(Pellenbarg, Eric) (Entered: 07/10/2007)
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Legal Document (Payment Possibly Required) 6 Filed: 6/25/2007, Entered: None Court Filing
NOTICE of designation under Local Rule 3.05 - track 2 with Notice of Expected Deadlines and Case Management Report made a part herein. Signed by Judge Susan C Bucklew on 6/25/2007. (ls ) (Entered: 06/25/2007)
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Legal Document (Payment Possibly Required) 5 Filed: 6/4/2007, Entered: None Court Filing
ENDORSED ORDER granting 4 motion to appear pro hac vice. F. Christopher Austin is directed to sign up for CM/ECF, enter an email address in his CM/ECF account, and electronically file a notice of compliance with this Court's Order by June 29, 2007. The Clerk is directed not to send paper copies to him after sending this Order. Signed by Judge Susan C Bucklew on 6/4/2007. (jd, ) (Entered: 06/04/2007)
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Legal Document (Payment Possibly Required) 4 Filed: 6/4/2007, Entered: None Court Filing
MOTION for F. Christopher Austin to appear pro hac vice by Diamond Heads, LLC, Keith Brinton. (Torres, Christopher) Motions referred to Magistrate Judge Mary S. Scriven. (Entered: 06/04/2007)
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Legal Document (Payment Possibly Required) 3 Filed: 5/21/2007, Entered: None
Summons issued as to Timothy Murray. (eec ) (Entered: 05/22/2007)
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Legal Document (Payment Possibly Required) 2 Filed: 5/21/2007, Entered: None
Summons issued as to Depot Auto Sales, Inc. (eec ) (Entered: 05/22/2007)
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Legal Document (Payment Possibly Required) 1 Filed: 5/16/2007, Entered: None
COMPLAINT against Depot Auto Sales, Inc., Timothy Murray (Filing fee $350 receipt number T041597) filed by Diamond Heads, LLC, Keith Brinton. (Attachments: # 1 Exhibit # 2 Continuation from Exhibit 1)(eec) (Entered: 05/17/2007)
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