Kava Culture Franchise Group Corp. v. Darrigan Investments LLC
| Kava Culture Franchise Group Corp. |
| Dar-Jkta Enterprises LLC, Darrigan Investments LLC, David Darrigan and Johnny Qubty |
| 2:2023cv00278 |
| April 20, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| Contract: Franchise |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 53
TEXT ORDER. Plaintiff filed a Notice Regarding Darrigan Investments, LLC (Doc. #52), indicating that it intends to pursue Darrigan Investments LLC in state court at this time. Accordingly, the Clerk of Court is DIRECTED to terminate Darrigan Investments LLC and close the case. Signed by Judge John L. Badalamenti on 5/23/2023. (RHG)
|
|
Filing 52
NOTICE regarding Darrigan Investments LLC by Kava Culture Franchise Group Corp. (Wasch, Adam) Modified text on 5/22/2023 (JK).
|
|
Filing 51
ORDER dismissing this case under the plain and unambiguous language of the forum-selection clause as to Dar-Jkta Enterprises, LLC, David Darrigan, and Johnny Qubty and dismissing without prejudice as to Darrigan Investments LLC. The Clerk of Court is DIRECTED to terminate all existing deadlines and deny all pending motions as moot. No later than June 1, 2023, Plaintiff may file an amended complaint against Darrigan Investments LLC only. If Plaintiff chooses to proceed in litigation against all Defendants in a different forum, the Court requests that Plaintiff file a notice with this Court advising it of such. Otherwise, the Court will, without further notice, order the closure of this case if an amended complaint solely against Darrigan Investments LLC is not filed by June 1, 2023. Signed by Judge John L. Badalamenti on 5/18/2023. (RHG)
|
|
Filing 50
NOTICE Of Witness Harassment and Adverse Attorney Client Communications by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Allen, Adam) Modified text on 5/18/2023 (JK).
|
|
Filing 49
Exhibit List by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Attachments: #1 Exhibit D-1, #2 Exhibit D-2, #3 Exhibit D-3, #4 Exhibit D-4, #5 Exhibit D-5, #6 Exhibit D-6, #7 Exhibit D-7, #8 Exhibit D-8)(SRC)
|
|
Filing 48
PLAINTIFF'S BRIEF re 43 Order filed by Kava Culture Franchise Group Corp. (Wasch, Adam) Modified text on 5/16/2023 (JK).
|
|
Filing 47
DEFENDANT'S BRIEF re 43 Order filed by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Allen, Adam) Modified text on 5/16/2023 (JK).
|
|
Filing 46
TEXT ORDER granting #44 Stipulation Extending Time to Respond to Motion to Dismiss, which the Court construes as an unopposed motion for extension of time to respond to the Motion to Dismiss (Doc. #14). Plaintiff must take an action in response to the Motion to Dismiss no later than May 25, 2023. Signed by Judge John L. Badalamenti on 5/12/2023. (RHG)
|
|
Filing 45
Exhibit List by Kava Culture Franchise Group Corp. (Attachments: #1 Exhibit P-1, #2 Exhibit P-2, #3 Exhibit P-3, #4 Exhibit P-4, #5 Exhibit P-5, #6 Exhibit P-6, #7 Exhibit P-7, #8 Exhibit P-8, #9 Exhibit P-9, #10 Exhibit P-11, #11 Exhibit P-14, #12 Exhibit P-15, #13 Exhibit P-16, #14 Exhibit P-19, #15 Exhibit P-28, #16 Exhibit P-29, #17 Exhibit P-31, #18 Exhibit P-32)#19 Exhibit P-38, #20 Exhibit P-39) (SRC). Modified on 5/12/2023: Exhibit P-37 is a video and will be filed in the Clerk's Office. (SRC)
|
|
Filing 44
STIPULATION Extending Time to Respond re #14 MOTION to Dismiss for Failure to State a Claim by Kava Culture Franchise Group Corp. (Wasch, Adam) Modified text on 5/12/2023 (JK).
|
|
Filing 43
TEXT ORDER. The Court finds that there is good cause to EXTEND the Temporary Restraining Order (Doc. #13) through 5/25/2023 for the reasons set forth on the record at the hearing that took place on 5/11/2023 (the "Hearing"). The parties are DIRECTED to file additional briefing in response to the issues with venue that were set forth at the Hearing no later than 5/15/2023 at 5:00 p.m. (ET). Such additional briefing shall not exceed fifteen (15) pages. The Court would consider extending any deadlines set forth herein upon the parties' joint representation to the Court that they are engaging in good faith settlement negotiations. Signed by Judge John L. Badalamenti on 5/11/2023. (RHG)
|
|
Filing 42
Minute Entry. Virtual Proceedings held before Judge John L. Badalamenti: MOTION HEARING held on 5/11/2023 re #28 MOTION for Temporary Restraining Order with Memorandum of Law filed by Kava Culture Franchise Group Corp., #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kava Culture Franchise Group Corp., #20 Emergency MOTION to Stay and to Dissolve Ex Parte Temporary Restraining Order Pursuant to FRCP 65(b)(4) filed by Johnny Qubty, Darrigan Investments LLC, David Darrigan, Dar-Jkta Enterprises LLC. Court Reporter: Suzanne L. Trimble (SRC)
|
|
Filing 41
MOTION to Strike #38 Reply to Response to Motionby Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Allen, Adam) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 5/11/2023 (JK).
|
|
Filing 40
Exhibit List by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Allen, Adam)
|
|
Filing 39
Witness List by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Allen, Adam)
|
|
Filing 38
REPLY to Response to Motion re #28 MOTION for Temporary Restraining Order with Memorandum of Law, #4 MOTION for Temporary Restraining Order and Preliminary Injunction, #20 Emergency MOTION to Stay and to Dissolve Ex Parte Temporary Restraining Order Pursuant to FRCP 65(b)(4) filed by Kava Culture Franchise Group Corp. (Attachments: #1 Affidavit (Declaration of Brockton Pearce))(Wasch, Adam)
|
|
Filing 37
Exhibit List by Kava Culture Franchise Group Corp. (Wasch, Adam)
|
|
Filing 36
Witness List by Kava Culture Franchise Group Corp. (Wasch, Adam)
|
|
Filing 35
REPLY to Response to Motion re #20 Emergency MOTION to Stay and to Dissolve Ex Parte Temporary Restraining Order Pursuant to FRCP 65(b)(4) filed by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Attachments: #1 Exhibit A)(Allen, Adam) Modified docket number on 5/9/2023 (JK).
|
|
Filing 34
TEXT ORDER regarding the May 11, 2023 hearing. The Court will hear argument and take witness testimony on the Motion for Preliminary Injunction (Doc. #4), the Motion to Dissolve (Doc. #20), and the TRO and Contempt Motion (Doc. #28) at the hearing noticed for May 11, 2023 at 11:00 AM (ET) (see Doc. 27). The hearing is scheduled for two (2) hours. The parties should be prepared to present argument on each of the aforementioned matters. The parties should also be prepared to present argument on the issues raised in the Court's Order to Show Cause (Doc. 19). The parties should refer to the Court's Instructions Regarding Exhibit Lists, Marking Exhibits, Sensitive Exhibits, and Electronic Exhibit Binders and use the appropriate witness and exhibit lists, all available under the "Forms" and "Preferences" tabs at https://www.flmd.uscourts.gov/judges/john-badalamenti. The parties are DIRECTED to file any witness lists and exhibits lists on the docket no later than May 9, 2023. In the interest of judicial economy, the parties shall confer prior to the filing of such lists and to the extent possible, the parties shall file joint exhibits. Separately, the Court requests that, on or before May 9, 2023, all documentary evidence that the parties intend to utilize at the hearing be emailed to chambers_flmd_badalamenti@flmd.uscourts.gov, pre-marked for identification. Signed by Judge John L. Badalamenti on 5/4/2023. (RHG) Modified docket number on 5/9/2023 (JK).
|
|
Filing 33
JOINT STATUS report by Kava Culture Franchise Group Corp. (Wasch, Adam) Modified docket number on 5/9/2023 (JK).
|
|
Filing 32
AMENDED RESPONSE in Opposition re #20 Emergency MOTION to Stay and to Dissolve Ex Parte Temporary Restraining Order Pursuant to FRCP 65(b)(4) filed by Kava Culture Franchise Group Corp. (Wasch, Adam) Modified text on 5/4/2023 (JK). Modified docket number on 5/9/2023 (JK).
|
|
Filing 31
RESPONSE in Opposition re #20 Emergency MOTION to Stay and to Dissolve Ex Parte Temporary Restraining Order Pursuant to FRCP 65(b)(4) filed by Kava Culture Franchise Group Corp. (Wasch, Adam)
|
|
Filing 30
RESPONSE in Opposition re #28 MOTION for Temporary Restraining Order with Memorandum of Law filed by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Attachments: #1 Affidavit Declaration of Dr. Darrigan, #2 Exhibit February 21, 2023 Notice of Rescission Demand)(Allen, Adam)
|
|
Filing 29
RESPONSE TO ORDER TO SHOW CAUSE re 19 Order on Motion to Stay, filed by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Allen, Adam)
|
|
Filing 28
MOTION for Temporary Restraining Order with Memorandum of Law by Kava Culture Franchise Group Corp. (Attachments: #1 Affidavit of Jacqueline Rusher, #2 Affidavit of Evan Goldman, #3 Exhibit A to Goldman Affidavit, #4 Exhibit B to Goldman Affidavit, #5 Exhibit C to Goldman Affidavit)(Wasch, Adam) Modified text on 5/2/2023 (JK).
|
|
Filing 27
NOTICE of hearing on motion re #4 MOTION for Temporary Restraining Order and Preliminary Injunction, #20 Emergency MOTION to Stay and to Dissolve Ex Parte Temporary Restraining Order Pursuant to FRCP 65(b)(4). Motion Hearing set for 5/11/2023 at 11:00 AM in Zoom Video Conference before Judge John L. Badalamenti. Zoom Information: Meeting ID: 161 531 2062Passcode: 662035.(JGG)
|
|
Filing 26
RESPONSE TO ORDER TO SHOW CAUSE filed by Kava Culture Franchise Group Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Wasch, Adam) Modified text on 5/2/2023 (JK).
|
|
Filing 25
TEXT ORDER directing Plaintiff to respond to #20 Defendants' Amended Emergency Motion to Dissolve Ex Parte Temporary Restraining Order (the "Motion to Dissolve") no later than 5/3/2023. Plaintiff's response should be no longer than ten (10) pages. No later than 5/5/2023, Defendants may file a reply of no longer than five (5) pages. All other deadlines set forth in previous orders (see Docs. #13, 19) remain in effect. A hearing shall be held on the Motion to Dissolve and on the Motion for Preliminary Injunction (Doc. #4) on 5/11/2023 at 11:00 a.m. (ET) via Zoom Video Conference. The parties should be prepared to discuss the Motion to Dissolve, the Motion for Preliminary Injunction, and the issues set forth in the Court's Order to Show Cause (Doc. 19) at the hearing. Signed by Judge John L. Badalamenti on 5/1/2023. (RHG)
|
|
Filing 24
RETURN of service executed on April 24, 2023 by Kava Culture Franchise Group Corp. as to David Darrigan. (Wasch, Adam)
|
|
Filing 23
RETURN of service executed on April 24, 2023 by Kava Culture Franchise Group Corp. as to Darrigan Investments LLC. (Wasch, Adam)
|
|
Filing 22
RETURN of service executed on April 24, 2023 by Kava Culture Franchise Group Corp. as to Dar-Jkta Enterprises LLC. (Wasch, Adam)
|
|
Filing 21
NOTICE of a related action per Local Rule 1.07(c) by Kava Culture Franchise Group Corp.. Related case(s): Yes (Wasch, Adam)
|
|
Filing 20
Emergency MOTION to Stay and to Dissolve Ex Parte Temporary Restraining Order Pursuant to FRCP 65(b)(4) re #13 Order by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Attachments: #1 Exhibit Eastern District of Texas Complaint, #2 Exhibit Franchise Disclosure Document, #3 Exhibit Texas Secretary of State Registration for Kava Culture Franchise Group Dated May 17, 2021, #4 Exhibit DAR-JKTA Enterprises, LLC Reciept for Franchise Disclosure Document, #5 Affidavit Darrigan Declaration, #6 Affidavit Supplemental Darrigan Declaration)(Allen, Adam) Modified text on 5/1/2023 (JK).
|
|
Filing 19
ORDER TO SHOW CAUSE. On or before 5/2/2023, Plaintiff is hereby ORDERED to SHOW CAUSE as to why this action should not be transferred to the Eastern District of Texas. See 28 U.S.C. 1404(a) ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented"); see also Manuel v. Convergys Corp., 430 F.3d 1132, 1135 (11th Cir. 2005) ("Where two actions involving overlapping issues and parties are pending in two federal courts, there is a strong presumption across the federal circuits that favors the forum of the first-filed suit under the first-filed rule."). Plaintiff's order to show cause response should not exceed ten (10) pages. No later than three (3) days after Plaintiff's response is filed, Defendants may file a response of no longer than ten (10) pages. Further, Plaintiff's counsel is reminded that, under Middle District of Florida Local Rule 1.07(c), "[t]he lead counsel has a continuing duty to notify the judge of a related action pending in the Middle District or elsewhere. The lead counsel promptly must file a 'Notice of Related Action' that identifies and describes the related action." Defendants' counsel is reminded that, with certain enumerated exceptions, before filing a motion filed in a civil action in the Middle District of Florida, "the movant must confer with the opposing party in a good faith effort to resolve the motion." M.D. Fla. L.R. 3.01(g). Accordingly, counsel for Defendants is directed to confer with counsel for Plaintiff and, should it still seek down this path, re-file the #16 Defendants' Emergency Motion to Stay Ex Parte Temporary Restraining Order (the "Motion"). The Motion (Doc. #16) is therefore STRUCK. Finally, it is unclear what relief the Motion is seeking. To the extent that Defendants wish to dissolve the Temporary Restraining Order entered by the Court (Doc. #13), Defendants are directed to comply with Federal Rule of Civil Procedure 65(b)(4). Signed by Judge John L. Badalamenti on 4/28/2023. (RHG)
|
|
Filing 18
DECLARATION of David Darrigan - Supplemental re #16 EMERGENCY MOTION to Stay re #13 Order granting Motion for Temporary Restraining Order and Preliminary Injunction by Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty. (Allen, Adam)
|
|
Filing 17
ENDORSED ORDER granting #15 Motion for attorney Adam Allen to specially appear to represent Defendants, which complies with Local Rule 2.01(c). Unless non-resident attorney Allen already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Future filings must comply with the typography requirements of Local Rule 1.08. Signed by Magistrate Judge Kyle C. Dudek on 4/28/2023. (BLW)
|
|
Filing 16
STRICKEN per 19 Order -- EMERGENCY MOTION to Stay re #13 Order granting Motion for Temporary Restraining Order and Preliminary Injunction by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hamisch, Alan) Modified text on 4/28/2023 (JK). Modified to Strike on 5/1/2023 (JK).
|
|
Filing 15
MOTION for Adam Allen to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20774651 for $150 by All Defendants. (Hamisch, Alan) Motions referred to Magistrate Judge Kyle C. Dudek.
|
|
Filing 14
MOTION to Dismiss for Failure to State a Claim by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hamisch, Alan) Modified text on 4/28/2023 (JK).
|
|
Filing 13
ORDER granting in part #4 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiff's motion is granted to the extent that certain Defendants are temporarily restrained from engaging in certain activities as explained herein. Additionally, a hearing on the Motion for Preliminary Injunction shall be held on May 11, 2023 at 11:00 a.m. (ET) via Zoom Video Conference. Any response or opposition to the Motion for Preliminary Injunction must be filed with the Court no later than May 4, 2023. Plaintiff may file a reply in further support of its motion no later than May 9, 2023. Finally, on or before May 4, 2023 at 5:00 p.m. (ET), the parties must file a joint notice addressing whether they are amenable to holding all trials and hearings in this matter in this Court's Tampa Division. See Order for details. Signed by Judge John L. Badalamenti on 4/27/2023. (RHG)
|
|
Filing 12
ENDORSED ORDER granting #11 Motion for attorney Evan Matthew Goldman to specially appear to represent Plaintiff, which complies with Local Rule 2.01(c). Unless non-resident attorney Goldman already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Future filings must comply with the typography requirements of Local Rule 1.08. Signed by Magistrate Judge Kyle C. Dudek on 4/26/2023. (BLW)
|
|
Filing 11
MOTION for Evan M. Goldman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20767981 for $150 by Kava Culture Franchise Group Corp. (Wasch, Adam) Motions referred to Magistrate Judge Kyle C. Dudek.
|
|
Filing 10
SUPPLEMENTAL Affidavit of Evan M. Goldman as RESPONSE re 8 Order filed by Kava Culture Franchise Group Corp. (Attachments: #1 Exhibit G1, #2 Exhibit G2, #3 Exhibit G3)(Wasch, Adam) Modified text on 4/26/2023 (JK).
|
|
Filing 9
AFFIDAVITY of Evan M. Goldman as RESPONSE re 8 Order, filed by Kava Culture Franchise Group Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Cert of Service)(Wasch, Adam) Modified text on 4/26/2023 (JK).
|
|
Filing 8
TEXT ORDER. On 4/20/2023, Plaintiff filed a Motion for Temporary Restraining Order and Preliminary Injunction (the "Motion") (Doc. #4). The Motion suggests that Plaintiff seeks a temporary restraining order on an ex parte basis. After careful review of the Motion, it is unclear whether Plaintiff has adequately established entitlement to the requested relief. As such, to the extent that Plaintiff seeks the extraordinary relief of a temporary restraining order without notice to Defendants, on or before 4/26/2023, Plaintiff must file (1) an affidavit providing specific facts clearly showing that immediate and irreparable injury, loss, or damage will result to the movant before Defendants can be heard in opposition (see Fed. R. Civ. P. 65(b)(1)(A)); (2) a certification by Plaintiff's attorney of any efforts made to give notice to Defendants and the reason why it should not be required (see Fed. R. Civ. P. 65(b)(1)(B)); and (3) a supplemental legal memorandum indicating why notice is impractical (see M.D. Fla. L. R. 6.01(b)(2)). The Court notes that Plaintiff may set forth additional legal authority to support the Motion. Should Plaintiff choose to withdraw the Motion, the Court requests that it file a Notice indicating such. Signed by Judge John L. Badalamenti on 4/21/2023. (RHG)
|
|
Filing 7
TRADEMARK Report sent to Alexandria, VA. (JK)
|
|
Filing 6
CIVIL Action Order Signed by All Divisional Judges on 4/21/2023. (JK)
|
|
Filing 5
NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-278-JLB-KCD. Motion(s) REFERRED: #4 MOTION for Temporary Restraining Order and Preliminary Injunction. Motion(s) referred to Magistrate Judge Kyle C. Dudek. (ARC)
|
|
Filing 4
MOTION for Temporary Restraining Order and Preliminary Injunction by Kava Culture Franchise Group Corp. (Attachments: #1 Text of Proposed Order)(Wasch, Adam)
|
|
Filing 3
CERTIFICATE of interested persons and corporate disclosure statement by Kava Culture Franchise Group Corp. (Wasch, Adam) Modified text on 4/21/2023 (JK).
|
|
Filing 2
COMPLAINT against Dar-Jkta Enterprises LLC, David Darrigan, Darrigan Investments LLC, Johnny Qubty with Jury Demand (Filing fee $402 receipt number AFLMDC-20749419) filed by Kava Culture Franchise Group Corp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Wasch, Adam) Modified text on 4/21/2023 (JK).
|
|
Filing 1
CIVIL COVER SHEET filed by Kava Culture Franchise Group Corp. (Wasch, Adam) Modified text on 4/21/2023 (JK).
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
