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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 9:22-cv-81293-BER

ISLAND IP ACQUISITIONS, LLC,

Plaintiff,

vs.

SPENCER ANTLE, 

ISLAND COMPANY LLC, and 

ISLAND COMPANY RUM, INC.,

Defendants.

/

JOINT STIPULATION FOR PROCEDURAL MATTERS AND [PROPOSED] ORDER

Pursuant to the Court’s telephonic status conference held on November 9, 2023 (DE 77), 

and the Court’s agreement to accommodate, if possible, the parties’ desire to streamline the 

litigation, the parties have met and conferred regarding certain procedural matters intended to 

resolve two threshold issues, namely: (1) whether the trademarks and service marks asserted by 

Plaintiff Island IP Acquisitions, LLC have been legally abandoned (Defendant Island Company 

Rum, LLC’s Counterclaim Count II/Defendants’ collective related affirmative defenses) (the 

“Abandonment Issue”); and (2) what entity owns the ISLAND COMPANY RUM SIMPLY THE 

SMOOTHEST X [and design] registered trademark Registration No. 4902534 (shown below) (the 

“ISLAND COMPANY RUM X Mark Ownership Issue,” and collectively, “the Summary 

Judgment Issues”).

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Accordingly, Plaintiff, Island IP Acquisitions, LLC (“Plaintiff”), and Defendants Spencer 

Antle, Island Company LLC, and Island Company Rum, Inc. (“Rum, Inc.”) (collectively, 

“Defendants”) stipulate and agree, effective upon Order of this Court:

A. Motions for Partial Summary Judgment Addressing the Abandonment Issue 

and ISLAND COMPANY RUM X Mark Ownership Issue

Plaintiff may file one motion for partial summary judgment on the Abandonment Issue and 

Defendants may collectively file one motion for partial summary judgment on the ISLAND 

COMPANY RUM X Mark Ownership Issue, according to the briefing schedule set forth below.

Filing these motions for partial summary judgement shall not trigger the prohibition on filing 

additional summary judgment motions under S.D. Fla. L.R. 56.1(e).

Plaintiff may file one brief opposing Defendants’ motion for summary judgment and 

Defendants may collectively file one brief opposing Plaintiff’s motion for summary judgment. The 

moving part(ies) may then, if desired, file a reply brief. 

In support of each motion or opposition brief, the parties may submit affidavits or 

declarations, which must be a Business Records Affidavit, or one made on personal knowledge, 

and set out facts that would be admissible in evidence and show that the affiant or declarant is 

competent to testify on the matters stated. If requested, the party submitting a declaration or 

affidavit must make the declarant or affiant available to the other side for oral examination (limited 

in scope to the topics of the witness’ declaration or affidavit) at a mutually-agreeable time and 

place reasonably before the other side’s briefing deadline.

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On or before December 15, 2023, the parties shall exchange written preliminary disclosures 

identifying those documents upon which they intend to rely and those persons or entities whose

deposition testimony and/or declarations they intend to submit (together with a brief description 

of the topic(s) of the witness’ expected testimony) or otherwise rely upon in support of or in 

opposition to either or both of the Summary Judgment Issues. The parties agree that these

preliminary disclosures are intended only to assist the parties to more efficiently prepare discovery 

requests. The parties agree that during this process the parties may identify additional documents 

and/or witnesses they wish to rely upon in their respective briefs. Provided a party’s preliminary 

disclosures are made in good faith, such party shall not be limited to relying upon only those 

documents and witnesses identified in the preliminary disclosures.

Beginning on the date of the Court’s Order approving this Stipulation, each side shall be 

permitted to serve written discovery on the other including requests for the production of 

documents and things, interrogatories, and requests for admission, provided such requests are 

relevant to resolution of the two summary judgment motions. All written discovery requests shall 

be served by December 19, 2023 so responses are served by January 19, 2024. Responsive 

documents shall be produced on a rolling basis with substantial completion to be certified by the 

producing party by January 23, 2024. The parties believe no expert discovery or testimony is 

necessary to resolve the two Summary Judgment Issues.

Regarding Defendants’ Interrogatories and First Request for Production of Documents 

propounded on October 26, 2023, Plaintiff’s deadline to respond to these requests shall be stayed 

subject to the following process. The parties agree to promptly meet and confer during the week 

of November 27, 2023 in order to identify and negotiate in good faith which of the requests 

Defendants contend are germane to the Summary Judgment Issues. Responses to requests the 

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parties agree are germane to the Summary Judgment Issues shall be due no later than December 

15, 2023. Responses to requests the parties agree do not relate to the Summary Judgment Issues 

will remain stayed. If the parties reach an impasse as to whether any of the requests are germane 

to the Summary Judgment Issues, the parties shall identify the disputed request(s) to the Court in 

a joint letter and request a ruling on the issue.

Depositions will be limited to the Summary Judgment Issues. The parties shall meet and 

confer in good faith to schedule such depositions at mutually-agreed times and locations.

A witness may be deposed only once about the Summary Judgment Issues unless the 

witness submits a declaration or affidavit in support of a brief as provided above, or the parties 

otherwise agree or the Court otherwise orders. Any time taken to depose witnesses on these 

Summary Judgment Issues will not count against the time limitations of Fed. R. Civ. P. 30(d)(1).

In no event will such a deposition take more than five (5) hours. A party or witness may 

subsequently be re-deposed as to non-Summary Judgment Issues in the remaining case.

Any objections on the basis that discovery sought by a party is unrelated to or irrelevant to 

the Summary Judgment Issues shall be promptly identified to the propounding party via email and 

the parties shall promptly meet and confer in an effort to resolve the objection. If the parties cannot 

resolve the objection, the parties shall jointly bring the issue to the attention of the Court by letter 

within five business days of service of the request on the responding party. All other objections 

shall be raised according to the Court’s usual procedures.

The parties and the third parties waive no right to withhold discovery based on appropriate 

objections or applicable privilege.

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B. Rum, Inc.’s Proposed Amended Counterclaim, Count I

Rum, Inc. intends to seek leave to amend count I of its counterclaims. The motion for leave 

to amend together with the proposed amendment shall be filed by November 29, 2023. Plaintiff 

shall file any opposition to Defendant’s motion seeking leave to amend by December 6, 2023.

No later than 10 calendar days following the Court’s Order on Defendants’ motion seeking 

leave to amend (and entry of Defendant Rum Inc.’s amended Counterclaims, if permitted), 

Plaintiff shall file its Answer or other response (to counterclaim Counts I and II if amendment of 

Count I is permitted; Count II only if amendment is denied). Plaintiff’s current deadline to answer 

Count II of the counterclaim of November 22, 2023 is hereby extended per the timeline described 

above. 

If Plaintiff’s response to Rum Inc.’s amended Counterclaim is a motion under Fed. R. Civ. 

P. 12, all deadlines including the deadlines identified regarding the Summary Judgment Issues 

shall be automatically stayed pending the Court’s resolution of Plaintiff’s Rule 12 motion. 

Once the pleadings are closed, the parties will promptly meet and confer and propose to 

the Court a revised joint scheduling order with respect to the two Summary Judgment Issues 

consistent with the timelines set forth herein.

C. Briefing Schedule for Parties’ Motions for Partial Summary Judgment

Event Joint Proposed Deadlines

Opening briefs supporting Motions for 

Partial Summary Judgment due.

February 29, 2024.

Responses opposing Motions for Partial 

Summary Judgment due.

March 29, 2024.

Replies in Support of Motions for 

Summary Judgment due.

April 12, 2024.

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D. Remaining Case

While the parties pursue the above motions and the attendant discovery, all other deadlines 

in the case are stayed until the two summary judgment motions are decided by the Court, at which 

point the parties shall promptly meet and confer and propose to the Court a revised joint scheduling 

order with respect to the remainder of the case through trial.

IT IS SO ORDERED:

___________________________

Hon. Bruce E. Reinhart 

Date: ________________________

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Dated: November 22, 2023

STIPULATED AND AGREED:

/s/ Eleanor M. Yost

CHRISTOPHER & WEISBERG, P.A.

Elissa A. Tisdahl (Fla. Bar No. 85521)

etisdahl@cwiplaw.com

John Christopher (Fla Bar No. 493465)

jchristopher@cwiplaw.com

1232 N. University Drive

Plantation, FL 33322

Tel: (954) 828-1488

Fax: (954) 828-9122

CARLTON FIELDS, P.A.

Eleanor M. Yost (Fla. Bar No. 1003178)

Email: eyost@carltonfields.com

4221 West Boy Scout Boulevard, Suite 1000

Tampa, Florida 33607

Tel: (813) 223-7000

Fax: (813) 229-4133

Kristin A. Gore (Fla. Bar No. 59090)

Email: kgore@carltonfields.com

525 Okeechobee Boulevard, Suite 1200

West Palm Beach, Florida 33401

Tel: (561) 659-7070

Fax: (561) 659-7368

Counsel for Plaintiff

Island IP Acquisitions, LLC

/s/ Traci H. Rollins

GUNSTER, YOAKLEY & STEWART, P.A.

Traci H. Rollins (Fla. Bar. No. 769071)

trollins@gunster.com

John W. Terwilleger (Fla. Bar No. 107095)

jterwilleger@gunster.com

Gabriel Wilson (Fla. Bar No. 1036090)

gwilson@gunster.com

777 South Flagler Drive, Suite 500 East

West Palm Beach, FL 33401

Tel: (561) 655-1980

Fax: (561) 655-5677

Counsel for Defendants Spencer Antle; Island

Company LLC; and Island Company Rum, Inc.

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