SAFEX FOUNDATION, INC. et al v. SAFETH, LTD. et al
| SAFEX FOUNDATION, INC., SAFE EXCHANGE FOUNDATION, LLC and DANIEL DABEK |
| CYNTHIA LATHUS, JOEY LATHUS and SAFETH, LTD. |
| 1:2021cv00161 |
| January 18, 2021 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Trademark |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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| Filing 29 Clerk's ENTRY OF DEFAULT as to SAFETH, LTD. (eg) |
MINUTE ORDER (paperless) VACATING the hearing on plaintiffs' #4 Motion for a Preliminary Injunction, currently scheduled for March 12, 2021, at 2:00 PM. This Court previously, on January 26, 2021, conducted a hearing on plaintiffs' #4 Motion for a Temporary Restraining Order, at which hearing defendants participated. See Min. Entry (Jan. 26, 2021). Given that the factual and legal issues implicated by plaintiffs' Motion for a Temporary Restraining Order are identical to those implicated by their Motion for a Preliminary Injunction, the Court's January 26, 2021 hearing afforded defendants the opportunity to be heard on both of plaintiffs' motions for injunctive relief, and no new factual developments or legal arguments have been advanced that would warrant holding a second, duplicative hearing. In fact, despite the Court's admonitions to defendants that defendant Safeth, Ltd., as a limited company, "must be represented by counsel in this matter," Min. Order (Jan. 25, 2021); see also Min. Order (Feb. 3, 2021); #22 Hr'g Tr. at 4:24-5:15 (Jan. 26, 2021), no counsel has entered an appearance for corporate defendant Safeth, Ltd., more than seven weeks after the initiation of the instant lawsuit, prompting plaintiffs to file an #26 Affidavit for Default against defendant Safeth, Ltd. In addition, defendants have not filed on the docket any timely opposition to plaintiffs' Motion for a Preliminary Injunction. In light of these circumstances, the Court finds that the parties will not be prejudiced by resolving plaintiffs' Motion for a Preliminary Injunction on the papers, without conducting a second hearing, see LCvR 65.1(d); Min. Order (Feb. 3, 2021) (notifying the parties that the March 12, 2021 hearing "may be cancelled if the Court determines that the briefing is sufficient for resolution of disputed issues"), and accordingly, the March 12, 2021 hearing is vacated. Signed by Chief Judge Beryl A. Howell on March 10, 2021. (lcbah1)
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| Filing 28 Supplemental DECLARATION by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC. re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC., DANIEL DABEK. (eg) |
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MINUTE ORDER (paperless) GRANTING plaintiffs' #27 Motion for Leave to File Supplemental Declaration of Daniel Dabek and DIRECTING the Clerk of the Court to file the [27-1] Supplemental Declaration of Daniel Dabek on the docket. Signed by Chief Judge Beryl A. Howell on March 6, 2021. (lcbah1)
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| Filing 27 MOTION for Leave to File a Supplemental Declaration of Daniel Dabek by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC.. (Attachments: #1 Supplemental Declaration of Daniel Dabek, #2 Text of Proposed Order)(Evans, Joseph) |
| Filing 26 AFFIDAVIT FOR DEFAULT by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC.. (Engel, Llewelyn) (Main Document 26 replaced on 3/9/2021) (zeg). |
| Set/Reset Deadlines/Hearings: Defendants' opposition to plaintiffs' #4 Motion for a Preliminary Injunction due by 2/17/2021; plaintiffs' reply due by 3/5/2021; Motion Hearing scheduled for 3/12/2021, at 2:00 PM via videoconference before Chief Judge Beryl A. Howell. (ztg) |
| NOTICE OF ERROR re #25 Status Report; emailed to chwhalen@mwe.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. FYI: DO NOT REFILE. Attorney signature must match login/password in future fillings. (zeg, ) |
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MINUTE ORDER (paperless) ISSUING, upon consideration of plaintiffs' #25 Status Report, the following SCHEDULING ORDER to control further proceedings in this case: (1) by February 17, 2021, defendants shall file any opposition to plaintiff's #4 Motion for a Preliminary Injunction; (2) by March 5, 2021, plaintiffs shall file any reply in support of their Motion for a Preliminary Injunction; (3) on March 12, 2021, at 2:00 PM, if necessary, the parties shall appear via videoconference for a hearing on plaintiffs' Motion for a Preliminary Injunction, which hearing may be cancelled if the Court determines that the briefing is sufficient for resolution of disputed issues; EXTENDING the #20 Amended Temporary Restraining Order, which would otherwise lapse on February 10, 2021, 14 days from the date of its issuance, see Fed. R. Civ. P. 65(b)(2); Granny Goose Foods, Inc. v. Bhd. of Teamsters and Auto Truck Drivers Local No. 70, 415 U.S. 413, 431 (1974), until plaintiffs' Motion for a Preliminary Injunction is resolved, as indicated in the temporary restraining order, see Amended Temporary Restraining Order at 2, having determined that there is good cause for an extension, see Fed. R. Civ. P. 65(b)(2), in light of the clarity of the record that plaintiffs own the Safex trademark; DIRECTING plaintiffs to communicate with defendants to cure the alleged ongoing trademark infringement described in the Status Report at 2-4 and the [25-1] Declaration of Joseph B. Evans, before seeking the assistance of the Court, since defendants have indicated their intention to cease any alleged infringement activity, see #24 Letter at 1; #23 Sealed Document at 1; CAUTIONING defendant Safeth, Ltd., again, that, as a limited company, it must be represented by counsel in this matter, see Greater Se. Cmty. Hosp. Found. v. Potter, 586 F.3d 1, 4 (D.C. Cir. 2009) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel." (omission in original) (quoting Rowland v. Cal. Men's Colony, 506 U.S. 194, 201-02 (1993))), and is subject to entry of default if no counsel registers an appearance; and further DIRECTING the Clerk of the Court to serve a copy of this Minute Order on defendants by email at the email addresses joetattooski@gmail.com and admin@safeth.io. Signed by Chief Judge Beryl A. Howell on February 3, 2021. (lcbah1)
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| Filing 25 STATUS REPORT by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC.. (Attachments: #1 Declaration Declaration of Joseph B. Evans, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Exhibit Exhibit L, #14 Exhibit Exhibit M, #15 Exhibit Exhibit N, #16 Exhibit Exhibit O, #17 Exhibit Exhibit P, #18 Exhibit Exhibit Q, #19 Exhibit Exhibit R)(Whalen, Christopher) |
| Filing 24 DOCUMENT filed by CYNTHIA LATHUS, JOEY LATHUS, SAFETH, LTD.. "LEAVE TO FILE GRANTED" Signed by Chief Judge Beryl A. Howell on February 1, 2021. (lcbah1) |
| Filing 23 SEALED DOCUMENT filed by CYNTHIA LATHUS, JOEY LATHUS, SAFETH, LTD.. (This document is SEALED and only available to authorized persons.) "LEAVE TO FILE GRANTED" Signed by Chief Judge Beryl A. Howell on 02/01/2021.(zeg) |
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MINUTE ORDER (paperless) NOTIFYING the parties that defendants have submitted two letters, via email, first, informing the Court of the steps they have taken to comply with the #20 Amended Temporary Restraining Order, as ordered, see Amended Temporary Restraining Order at 2; and, second, informing the Court of certain personal information; and DIRECTING that both emails be docketed, with the second email docketed under seal so as not to be accessible to the public and only to the parties. Signed by Chief Judge Beryl A. Howell on February 1, 2021. (lcbah1)
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| Filing 22 TRANSCRIPT OF PROCEEDINGS, before Chief Judge Beryl A. Howell, held on 1-26-2021. Page Numbers: 1- 77. Date of Issuance: 1-28-2021. Court Reporter: Elizabeth SaintLoth, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced abov e. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/18/2021. Redacted Transcript Deadline set for 2/28/2021. Release of Transcript Restriction set for 4/28/2021.(Saint-Loth, Elizabeth) |
| Filing 21 NOTICE of Appearance by David Mlaver on behalf of All Plaintiffs (Mlaver, David) |
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Filing 20
AMENDED TEMPORARY RESTRAINING ORDER. See Order for further details. Signed by Chief Judge Beryl A. Howell on January 27, 2021. (lcbah1)
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| Set/Reset Deadlines: Defendants' response to Order of the Court due by 2/2/2021; joint proposed briefing schedule due by 2/2/2021. (ztg) |
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Filing 19
TEMPORARY RESTRAINING ORDER. See Order for further details. Signed by Chief Judge Beryl A. Howell on January 26, 2021. (lcbah1)
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| Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Motion Hearing held via videoconference on 1/26/2021 re #4 MOTION for Temporary Restraining Order filed by SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC., DANIEL DABEK. Oral ruling granting in part and denying in part. Written order to be issued by the Court. (Court Reporter Elizabeth Saint-Loth.) (ztg) |
| Filing 18 ERRATA re #1 and #4 (ECF No. 1-1) and (ECF No. 4-17) by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit P)(Evans, Joseph) Modified to add linkson 1/26/2021 (znmw). |
| Filing 17 NOTICE of Appearance by Christopher Whalen on behalf of DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC. (Whalen, Christopher) |
| Filing 16 NOTICE of Appearance by Joseph B. Evans on behalf of DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC. (Evans, Joseph) |
| Filing 15 SEALED DOCUMENT filed by SAFETH, LTD.. re Order. (This document is SEALED and only available to authorized persons.)(zeg) |
| Filing 14 REPORT on the filing or determination of an action regarding a patent and/or trademark. (znmw) |
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MINUTE ORDER (paperless) NOTIFYING the parties that nine emails were sent to Chambers between Wednesday, January 20, 2021 and Monday, January 25, 2021, all of which appear to be from a named defendant, one of which may have been sent to plaintiffs' counsel, as it apparently forwards a response from a named defendant to plaintiffs' counsel, and many of which include attachments; and that the emails, although not the emails' attachments, have been forwarded to the Case Administrator for docketing as sealed documents not accessible to the public; CAUTIONING all defendants that contacting Chambers directly, except in limited circumstances that do not apply here, violates the Standing Order, see #10 Standing Order at 1, and continued violation of this Order may be subject to a finding of contempt and other penalties; and CAUTIONING defendant Safeth, Ltd. that, as a limited company, it must be represented by counsel in this matter, see Greater Se. Cmty. Hosp. Found. v. Potter, 586 F.3d 1, 4 (D.C. Cir. 2009) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel." (omission in original) (quoting Rowland v. Cal. Mens Colony, 506 U.S. 194, 201-02 (1993))), and is subject to entry of default if no counsel registers an appearance. Signed by Chief Judge Beryl A. Howell on January 25, 2021. (lcbah1)
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| Set/Reset Hearings: Motion Hearing scheduled for 1/26/2021, at 2:00 PM via videoconference before Chief Judge Beryl A. Howell. (ztg) |
| Filing 13 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CYNTHIA LATHUS served on 1/19/2020, answer due 2/9/2020; JOEY LATHUS served on 1/19/2020, answer due 2/9/2020; SAFETH, LTD. served on 1/20/2020, answer due 2/10/2020. (View Docket Entry #12 to view document). (eg) |
| Filing 12 CERTIFICATE OF SERVICE by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC. . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Engel, Llewelyn) |
| Filing 11 STATUS REPORT by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC.. (Engel, Llewelyn) |
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MINUTE ORDER (paperless) DIRECTING, upon consideration of plaintiffs' #11 Status Report, the parties to appear via videoconference at 2:00 p.m. on January 26, 2021 for a hearing on plaintiffs' #4 Application for a Temporary Restraining Order before Chief Judge Beryl A. Howell. Connection details will be provided to counsel by the deputy clerk. Signed by Chief Judge Beryl A. Howell on January 21, 2021. (lcbah1)
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| Set/Reset Deadlines: Response to Order of the Court due by noon on 1/21/2021. (ztg) |
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Filing 10
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on January 20, 2021. (lcbah1)
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| Filing 9 SUMMONS (3) Issued Electronically as to CYNTHIA LATHUS, JOEY LATHUS, SAFETH, LTD.. (Attachment: #1 Notice and Consent)(adh, ) |
| Filing 8 ERRATA by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC. re #1 Complaint, filed by SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC., DANIEL DABEK. (Attachments: #1 Corrected Complaint)(Engel, Llewelyn) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Whalen, Filing fee $ 100, receipt number ADCDC-8093398. Fee Status: Fee Paid. by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC.. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Engel, Llewelyn) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph B. Evans, Filing fee $ 100, receipt number ADCDC-8093360. Fee Status: Fee Paid. by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC.. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Engel, Llewelyn) |
| Filing 5 NOTICE of Appearance by Llewelyn Engel on behalf of All Plaintiffs (Engel, Llewelyn) |
| NOTICE OF ERROR re #1 Complaint; emailed to lengel@mwe.com, cc'd -1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata. (adh, ) |
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MINUTE ORDER (paperless) GRANTING plaintiffs' #7 Motion for Admission Pro Hac Vice of Christopher Whalen. Mr. Whalen may enter an appearance pro hac vice for the purpose of representing the plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Chief Judge Beryl A. Howell on January 1 9, 2021. (lcbah1)
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| Case Assigned to Chief Judge Beryl A. Howell. (adh, ) |
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MINUTE ORDER (paperless) DIRECTING, upon consideration of plaintiffs' #4 Application for a Temporary Restraining Order and Motion for a Preliminary Injunction, plaintiffs to confer with opposing counsel and submit, by noon on January 21, 2021, a status report that proposes two mutually acceptable dates and times for a videoconference hearing on plaintiffs' application for a temporary restraining order. Signed by Chief Judge Beryl A. Howell on January 19, 2021. (lcbah1)
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MINUTE ORDER (paperless) GRANTING plaintiffs' #6 Motion for Admission Pro Hac Vice of Joseph B. Evans. Mr. Evans may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Chief Judge Beryl A. Howell on January 19, 20 21. (lcbah1)
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| Filing 4 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC, SAFEX FOUNDATION, INC. (Attachments: #1 Declaration of Daniel Dakek, #2 Dabek Exhibit A, #3 Dabek Exhibit B, #4 Dabek Exhibit C, #5 Dabek Exhibit D, #6 Dabek Exhibit E, #7 Dabek Exhibit F, #8 Dabek Exhibit G, #9 Dabek Exhibit H, #10 Dabek Exhibit I, #11 Dabek Exhibit J, #12 Dabek Exhibit K, #13 Dabek Exhibit L, #14 Dabek Exhibit M, #15 Dabek Exhibit N, #16 Dabek Exhibit O, #17 Dabek Exhibit P, #18 Dabek Exhibit Q, #19 Dabek Exhibit R, #20 Dabek Exhibit S, #21 Dabek Exhibit T, #22 Dabek Exhibit U, #23 Dabek Exhibit V, #24 Dabek Exhibit W, #25 Dabek Exhibit X, #26 Dabek Exhibit Y, #27 Dakek Exhibit Z, #28 Dabek Exhibit AA, #29 Dabek Exhibit BB, #30 Dabek Exhibit CC, #31 Dabek Exhibit DD, #32 Dabek Exhibit EE, #33 Dabek Exhibit FF, #34 Dabek Exhibit GG, #35 Dabek Exhibit HH, #36 Text of Proposed Order for Permanent Injunction, #37 Text of Proposed Order for Temporary Restraining Order, #38 Certificate Pursuant to Local Civil Rule 65.1)(Engel, Llewelyn) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SAFEX FOUNDATION, INC. (Engel, Llewelyn) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SAFE EXCHANGE FOUNDATION, LLC (Engel, Llewelyn) |
| Filing 1 COMPLAINT against All Plaintiffs with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8090317) filed by SAFEX FOUNDATION, INC., DANIEL DABEK, SAFE EXCHANGE FOUNDATION, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet, #7 Summons to Cynthia Lathus, #8 Summons to Joseph Lathus, #9 Summons to Safeth, Ltd.)(Engel, Llewelyn) |
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