RESPONSE TO ORDER TO SHOW CAUSE re [14] Order to Show Cause, by Sabre Corp.

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1:Exhibit 1

PAPERLESS ORDER TO SHOW CAUSE. In the Complaint, Plaintiff alleges that the 90 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule "A" ("Defendants") have engaged in trademark infringement in this district through the use of the e-commerce stores identified in Schedule A. [ECF Nos. 1, 10-1]. However, Plaintiff's conclusory allegations tying Defendants to one another by alleging that they "are all transactionally related" and arise "out of the same transaction, occurrence, or series of transactions or occurrences" without further explanation is not sufficient. [ECF No. 1 ¶¶ 72, 77]. Federal Rule of Civil Procedure 20(a) permits joinder of defendants in the same action where the plaintiff's claims against the defendants arise "out of the same transaction, occurrence, or series of transactions or occurrences," and "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2)(A)-(B). The Eleventh Circuit has defined "transaction or occurrence" as "all logically related events entitling a person to institute a legal action against another." Alexander v. Fulton Cnty., Ga., 207 F.3d 1303, 1323 (11th Cir. 2000) (internal citations omitted), overruled on other grounds by Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003). In intellectual property cases, a plaintiff cannot satisfy Rule 20's requirements by merely alleging that multiple defendants have infringed the same patent or trademark. Omega, SA v. Individuals, Bus. Entities, & Unincorporated Associations Identified on Schedule "A", 650 F. Supp. 3d 1349, 1352 (S.D. Fla. 2023). Accordingly, on or before May 12, 2025, Plaintiff shall file a memorandum showing why joinder of these 90 Defendants is proper. Signed by Judge Darrin P. Gayles on 4/30/2025.

Order

ORDER granting [6] Motion to Seal. Signed by Judge Darrin P. Gayles on 4/17/2025. See attached document for full details.

PAPERLESS ORDER denying Plaintiff's 5 Motion for Leave to Temporarily Proceed Under a Pseudonym. Plaintiff has not established "a substantial privacy right which outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings." In re: Chiquita Brands Int'l, Inc., 965 F.3d 1238, 1247 (11th Cir. 2020). Moreover, without knowing the Plaintiff's identity, the Court cannot determine whether it has a conflict in adjudicating this action. However, within ten (10) days of this Order, Plaintiff shall file under seal an amended complaint which includes Plaintiff's true identity. At that time, Plaintiff may also file its Schedule A and its proposed summonses under seal pending service and the Court's resolution of Plaintiff's forthcoming request for ex parte relief. Within seven (7) days of the Court's ruling on the Plaintiff's request for ex parte relief, the Plaintiff shall (1) move to unseal Schedule A and (2) add all of the Defendants as parties through CM-ECF. Signed by Judge Darrin P. Gayles on 4/17/2025.

Plaintiff's MOTION for an Order Authorizing Alternate Service of Process by Sabre Corp.

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1:Exhibit 1
2:Text of Proposed Order
3:Declaration of Joel B. Rothman

Plaintiff's MOTION to Seal per Local Rule 5.4 by Sabre Corp.

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1:Text of Proposed Order

Plaintiff's MOTION for Leave to Temporarily Proceed Under a Pseudonym by Sabre Corp.

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1:(Text of Proposed Order)
2:Exhibit 8
3:Exhibit 9
4:Exhibit 7
5:Exhibit 6
6:Exhibit 5
7:Exhibit 4
8:Exhibit 3
9:Exhibit 2
10:Exhibit 1
11:Declaration of Joel B. Rothman

NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles on 4/3/2025.

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK

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1:Complaint

Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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 Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-18334106, filed by Sabre Corp.

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1:Civil Cover Sheet