HBA Hollywood Beauty Academy, LLC et al v. Lam et al
| HBA HOLLYWOOD BEAUTY ACADEMY, LLC, FAB FLORIDA ACADEMY OF BEAUTY, LLC, RONALD KING-WONG KWOK and KWOK ENTERPRISES, LLC |
| THUY AI CHANH LAM, DANIEL NHU NGUYEN, DUANE KEVIN SELLS and Kathy Lam |
| 6:2023cv02363 |
| December 11, 2023 |
| US District Court for the Middle District of Florida |
| Carlos E Mendoza |
| Robert M Norway |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 55 TRANSCRIPT of Show Cause Hearing held on 1/16/24 before Judge Carlos E. Mendoza. Court Reporter: Suzanne L. Trimble, CRR, RPR, WA-CCR. Email address: trimblecourtreporter@outlook.com. Telephone number: 407.900.8775. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/26/2024. Redacted Transcript Deadline set for 3/7/2024. Release of Transcript Restriction set for 5/6/2024. (SLT) |
| Filing 54 NOTICE canceling Evidentiary Hearing scheduled for 01/22/2024. (MEH) |
| Case Stayed. (AJS) |
| Filing 53 DECLARATION of Ronald King-Wong Kwok re #52 Response in Opposition to Motion by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Watson, Coleman) |
| Filing 52 RESPONSE in Opposition re #41 MOTION to Stay Proceedings Pending this Court's Ruling on Motion to Transfer, #36 MOTION to Change Venue / Transfer Case to The District Court for the Northern District of Georgia filed by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Watson, Coleman) |
Filing 51
ENDORSED ORDER granting #41 Motion to Stay Proceedings. For the reasons stated on the record at the January 16, 2024 hearing, this case is STAYED and the Temporary Restraining Order (Doc. 16) issued on December 20, 2023, is EXTENDED through issuance of an order on the #36 Motion to Change Venue / Transfer Case. The January 22, 2024 Evidentiary Hearing is CANCELLED. Signed by Judge Carlos E. Mendoza on 1/17/2024. (RRM)
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Filing 50
ENDORSED ORDER granting #48 Motion for Extension of Time to Answer. All Defendants may answer the Complaint on or before February 9, 2024. Signed by Magistrate Judge Robert M. Norway on 1/17/2024. (JBS)
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| Filing 49 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: SHOW CAUSE HEARING held on 1/16/2024. Cart Interpreter: Rita G. Meyer. Court Reporter: Suzanne L. Trimble (MEH) |
| Filing 48 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Watson, Coleman) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 47 RETURN of service executed on January 12, 2024 by Kwok Enterprises, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, FAB Florida Academy of Beauty, LLC as to Thuy Ai Chanh Lam, Daniel Nhu Nguyen, Duane Kevin Sells. (Attachments: #1 Exhibit Email Acceptance, #2 Exhibit Email Acceptance, #3 Exhibit Non-Serive due Email Acceptance)(Watson, Coleman) |
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Filing 46
ORDER granting CART Services Interpreter Rita G. Meyer to bring in Electronic Equipment into the Courthouse on January 16, 2024. Signed by Judge Carlos E. Mendoza on 1/16/2024. (MEH)
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| Filing 45 RESPONSE in Opposition re #39 MOTION for Order to Show Cause to Not Be In Contempt of the TRO and Leave for Limited Discovery for the January 22, 2024, Evidentiary Hearing filed by Thuy Ai Chanh Lam, Daniel Nhu Nguyen, Duane Kevin Sells. (Attachments: #1 Exhibit)(Bonilla, Cindy) |
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Filing 44
ENDORSED ORDER granting in part and deferring in part Plaintiff's #39 Motion for Order to Show Cause and Leave for Limited Discovery. Plaintiff is permitted to engage in the discovery set forth in the Motion. Defendant Thuy Ai Chanh Lam shall appear in person at the January 16, 2024 show cause hearing. The Clerk is directed to schedule a CART Interpreter for the January 16, 2024 hearing. Signed by Judge Carlos E. Mendoza on 1/10/2024. (KMS)
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| Filing 43 NOTICE OF HEARING: Show Cause Hearing set for 1/16/2024 at 3:00 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Defendant Thuy Ai Chanh Lam is ordered to appear In- person. (MEH) |
| Filing 42 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 1/10/2024. Court Reporter: Heather Suarez (MEH) |
| Filing 41 TIME SENSITIVE MOTION to Stay Proceedings Pending this Court's Ruling on Motion to Transfer by All Defendants. (Bonilla, Cindy) (Chambers notified) Modified on 1/11/2024 to edit docket text RN). |
| Filing 40 NOTICE OF HEARING: Telephone Conference set for 1/10/2024 at 1:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 011024. (MEH) |
| Filing 39 MOTION for Order to Show Cause to Not Be In Contempt of the TRO and Leave for Limited Discovery for the January 22, 2024, Evidentiary Hearing by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Watson, Coleman) |
| Filing 38 RECEIPT for surrender of two (2) cellphones by Cindy Duque Bonilla, counsel for Thuy Ai Chanh Lam, Daniel Nhu Nguyen and Duane Kevin Sells. re 16 Order. (JG) Modified on 1/9/2024 (JG). |
| Filing 37 NOTICE of Compliance with Order Granting Motion for Extension of Time to Surrender Phones re 32 Order, 35 Order by Thuy Ai Chanh Lam, Daniel Nhu Nguyen, Duane Kevin Sells (Bonilla, Cindy) Modified text on 1/9/2024 (BD). |
| Filing 36 MOTION to Change Venue / Transfer Case to The District Court for the Northern District of Georgia by All Defendants. (Bonilla, Cindy) Modified text on 1/9/2024 (BD). |
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Filing 35
ENDORSED ORDER granting #34 Defendants' Motion for Extension of Time. The deadline to surrender the phones set forth in the Court's 32 Order is extended to January 8, 2024. Signed by Judge Carlos E. Mendoza on 1/5/2024. (KMS)
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| Filing 34 MOTION for Extension of Time to File /surrender and deliver the phones to Judge Mendoza's Chambers by All Defendants. (Bonilla, Cindy) |
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Filing 33
ENDORSED ORDER directing the Clerk to schedule a CART Services Interpreter for the January 22, 2024 Hearing. Signed by Judge Carlos E. Mendoza on 1/3/2024. (KMS)
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Filing 32
ENDORSED ORDER extending the #16 Temporary Restraining Order through January 22, 2024, pursuant to the stipulation on the record at the January 3, 2024 hearing. On or before January 5, 2024, Defendants shall surrender the phones referenced in the #16 Temporary Restraining Order to the Clerk's office. Signed by Judge Carlos E. Mendoza on 1/3/2024. (KMS)
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| Filing 31 NOTICE OF HEARING: Evidentiary Hearing set for 1/22/2024 at 9:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 3-hours for the hearing. (MEH) |
| Filing 30 Minute Entry. In Person Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 1/3/2024. Court Reporter: Suzanne L. Trimble (MEH) |
| Filing 29 NOTICE of Appearance by Cindy Duque Bonilla on behalf of Thuy Ai Chanh Lam, Daniel Nhu Nguyen, Duane Kevin Sells (Bonilla, Cindy) |
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Filing 28
ORDER granting CART Services Interpreter Susan Wasilewski to bring in Electronic Equipment into the Courthouse. Signed by Judge Carlos E. Mendoza on 1/3/2024. (MEH)
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| Filing 27 Exhibit List for January 3, 2024, Evidentiary Hearing by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Watson, Coleman) |
| Filing 26 Witness List by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Watson, Coleman) |
| Filing 25 CERTIFICATE of compliance re 24 Order, #16 Order on Motion for Temporary Restraining Order Order on Motion for Preliminary Injunction by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Attachments: #1 Exhibit Email Correspondence, #2 Exhibit Email Correspondence, #3 Exhibit Email Correspondence, #4 Exhibit Email Correspondence, #5 Exhibit Email Correspondence)(Watson, Coleman) |
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Filing 24
ENDORSED ORDER notifying Plaintiffs that Defendants were not able to be served at the provided address and directing Plaintiffs to serve Defendants as set forth in the Court's #16 Order. Signed by Judge Carlos E. Mendoza on 12/29/2023. (KMS)
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Filing 22
ENDORSED ORDER granting #21 Motion for Reasonable Accommodation. The Clerk is directed to provide Plaintiff's counsel with the appropriate forms. Signed by Judge Carlos E. Mendoza on 12/29/2023. (KMS)
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| Filing 23 US Marshal 285 form for Temporary Restraining Order returned Unexecuted on 12/27/2023. (EAM) |
| Filing 21 MOTION for Miscellaneous Relief, specifically Reasonable Accommodation for the January 3, 2024 Evidentiary Hearing by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Attachments: #1 Exhibit Letter from Brooks Rehabilitation Aphasia Center)(Watson, Coleman) |
| Filing 20 Surety BOND in the amount of $ 20,000.00 posted by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC (Attachments: #1 Mailing Envelope) (EAM) |
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Filing 19
ENDORSED ORDER granting #18 Emergency Motion. The deadline for Plaintiff to post the bond required in the Court's #16 December 21, 2023 Order is EXTENDED to Tuesday, December 26, 2023. Signed by Judge Carlos E. Mendoza on 12/22/2023. (KMS)
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| Filing 18 Emergency MOTION for Miscellaneous Relief, specifically Extension of Deadline on Original Surety Bond by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Attachments: #1 Exhibit Correspondence, #2 Exhibit Surety Bond)(Watson, Coleman) |
| Filing 17 NOTICE OF HEARING: Evidentiary Hearing set for 1/3/2024 at 1:00 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court will hear argument and the parties may present evidence. Defendants are advised that failure to appear at the hearing may result in the imposition of a preliminary injunction without further notice. (MEH) |
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Filing 16
ORDER- Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Asset Freeze (Doc. 11) is GRANTED in part, DENIED in part, and DEFERRED in part. See order for specific details. 2.Failure to comply with the provisions of this temporary restraining order and injunction may result in sanctions, including default judgment in favor of Plaintiffs. This Temporary Restraining Order is conditioned on the posting by Plaintiffs of a surety bond in the sum of $20,000 on or before Friday, December 22, 2023. Within two days after the Marshals have seized the cell phones and served the Defendants associated with those phones, Plaintiffs shall serve a copy of this Order on all other Defendants and thereafter file proof of service. Plaintiffs and Defendants shall appear on Wednesday, January 3, 2024, at 1:00 PM, in Courtroom 5B, George C. Young United States Courthouse Annex, 401 W. Central Boulevard, Orlando, Florida, before the Honorable Carlos E. Mendoza for an evidentiary hearing. The Court will hear argument and the parties may present evidence. Defendants are advised that failure to appear at the hearing may result in the imposition of a preliminary injunction without further notice. This Order shall remain in effect for fourteen days unless dissolved or extended for good cause by this Court. Signed by Judge Carlos E. Mendoza on 12/21/2023. (MEH)
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| Filing 15 NOTICE of Lead Counsel Designation by Coleman W. Watson on behalf of FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. Lead Counsel: Coleman W. Watson, Esq.. (Watson, Coleman) |
| Filing 14 NOTICE TO COUNSEL Coleman W. Watson of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 13 DECLARATION of Coleman Watson, Esq. re #11 Time Sensitive MOTION for Temporary Restraining Order , Preliminary Injunction, and Asset Freeze as to Counts I, II, III, IV, and XII by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Watson, Coleman) |
| Filing 12 DECLARATION of Ronald King-Wong Kwok re #11 Time Sensitive MOTION for Temporary Restraining Order , Preliminary Injunction, and Asset Freeze as to Counts I, II, III, IV, and XII by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Attachments: #1 Exhibit Employment Agreement - Hoa, #2 Exhibit Employment Agreement - Tu, #3 Exhibit Payment Details, #4 Exhibit Partial List of Students, #5 Exhibit Transcripts)(Watson, Coleman) |
| Filing 11 Time Sensitive MOTION for Temporary Restraining Order , Preliminary Injunction, and Asset Freeze as to Counts I, II, III, IV, and XII by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. (Attachments: #1 Text of Proposed Order)(Watson, Coleman). Added MOTION for Preliminary Injunction on 12/18/2023 and Chambers notified (AJS). |
| Filing 10 NOTICE of Filing Exhibit F by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC re #1 Complaint (Attachments: #1 Exhibit F)(Watson, Coleman) Modified on 12/18/2023 (SPM). |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by FAB Florida Academy of Beauty, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, Kwok Enterprises, LLC. Related case(s): Yes (Watson, Coleman) |
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Filing 8
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 12/12/2023. (MEH)
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Filing 7
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 12/12/2023. (MEH)
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Filing 6
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 12/12/2023. (MEH)
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| Filing 5 SUMMONS issued as to Thuy Ai Chanh Lam, Daniel Nhu Nguyen, Duane Kevin Sells. (CTR) |
| Filing 4 Trademark Report electronically sent to the U.S. Patent and Trademark Office. (Attachments: #1 Complaint, #2 Exhibit A-G) (CTR) |
| Filing 3 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Robert M. Norway. New case number: 6:23-cv-2363-CEM-RMN. (RLK) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Kwok Enterprises, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, FAB Florida Academy of Beauty, LLC. (Watson, Coleman) Modified on 12/12/2023 (CTR). |
| Filing 1 COMPLAINT (Verified) against Thuy Ai Chanh Lam, Daniel Nhu Nguyen, Duane Kevin Sells (Filing fee $405 receipt number AFLMDC-21547525) filed by Kwok Enterprises, LLC, HBA Hollywood Beauty Academy, LLC, Ronald King-Wong Kwok, FAB Florida Academy of Beauty, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Exhibit A: CIE Clerk Orders, #6 Exhibit B: Finder's Fee Agreement, #7 Exhibit C: Sale and Purchase Agreement, #8 Exhibit D: DBPR Notice, #9 Exhibit E: DBPR Letter, #10 Exhibit F: Sale of Phone Assets Agreement, #11 Exhibit G: Letters of Demand)(Watson, Coleman) Modified on 12/12/2023 (CTR). |
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