Axiom Worldwide, Inc. v. HTRD Group Hong Kong Limited et al
Defendant: HTRD Group Hong Kong Limited, Beijing Rong Da Shun Da Trading Co., Ltd doing business as Ryzur Medical, Ryzur Medical Group, David Ren, Corey Brownell, Anhui Ryzur Axiom Medical Devices Ltd, Harlon Parchment, Ryzur Medical Investment Co., LTD, Eltech USA, LLC and HTRD Group Hong Kong Limited, Inc.
Petitioner: James Gibson
Interested Party: Ilya Marder, Rappel Health Law Group, P.L., Suzanne Westfall, Greg Westfall, Frick Law Group, P.A. and Dr. Achim Hansjurgens
Counter Claimant: Saleem N. Musallam, Ryzur Medical, Inc., Beijing Ryzur Axiom Medical Investment Co. Ltd., Excite Diagnostics, LLC, Anhui Ryzur Axiom Medical Equipment Co. Ltd., Andrew Deweerd and Excite Medical Corp.
Intervenor: Khaled Shellah
Counter Defendant: Axiom Worldwide, Inc.
Garnishee: Wells Fargo Bank, Bank of America, N.A., Bank United and Wells Fargo Bank N.A.
Not Classified By Court: Peter J. Grilli
Case Number: 8:2011cv01468
Filed: July 1, 2011
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: Hillsborough
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Thomas B McCoun
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 12, 2019 Filing 803 CLERK'S certificate of destruction of plaintiff and defendant exhibits and/or exhibit substitutes. (JNB)
February 26, 2019 Filing 802 PLAINTIFF AND DEFENDANT EXHIBITS: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings. Pursuant to Local Rule 5.04, you are notified that you have thirty (30) days for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04. (JNB)
October 10, 2017 Opinion or Order Filing 801 ENDORSED ORDER: In light of the amended agreed motion to partially dissolve injunction and for relief from order (Doc. #799), the agreed motion to partially dissolve injunction and for relief from order (Doc. #798) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 10/10/2017. (DMD)
October 10, 2017 Opinion or Order Filing 800 ENDORSED ORDER granting Excite Medical Corp., Musallam, and Axiom Worldwide's amended agreed motion to partially dissolve injunction and for relief from order. (Doc. #799). The Court partially dissolves the injunction (Doc. #366) solely as it pertains to Defendants Excite Medical Corp. and Musallam, and allows the injunction to remain in place as to the other Defendants subject to the restrictions therein. The Court also releases and relieves Excite Medical Corp. and Musallam from the award and obligations set forth under the Magistrate's Report and Recommendation (Doc. #633), which the Court subsequently adopted (Doc. #658). Signed by Judge Virginia M. Hernandez Covington on 10/10/2017. (DMD)
October 10, 2017 Filing 799 Unopposed MOTION for relief from judgment by Saleem N. Musallam. (Dees, Kevin)
October 9, 2017 Filing 798 MOTION for relief from judgment by Saleem N. Musallam. (Dees, Kevin)
October 2, 2017 Opinion or Order Filing 797 ENDORSED ORDER: On September 17, 2014, this case was stayed and administratively closed as to defendant Excite Medical Corp., pending its bankruptcy proceedings. (Doc. #600). After Excite Medical indicated that its bankruptcy proceedings had concluded (Doc. #780), the Court noted that Excite Medical and Defendant Musallam's subsequent appeal of the Court's order denying their motion for modification of injunction was still pending before the Eleventh Circuit. (Doc. # 781). Because the filing of a notice of appeal is an event of jurisdictional significance, the Court directed that "the case remain[] stayed as to Excite Medical and Musallam over those aspects of the case involved in the appeal." (Id.). Now, Excite Medical and Musallam, along with Plaintiff Axiom Worldwide, have filed a status report indicating that Excite Medical and Musallam voluntarily dismissed the appeal as part of a settlement agreement reached with Axiom. (Doc. # #795, #796). Accordingly, the stay is lifted as to those aspects of the case that were involved in Excite Medical and Musallam's appeal. Signed by Judge Virginia M. Hernandez Covington on 10/2/2017. (DMD)
September 28, 2017 Filing 796 STATUS report on Pending Appellate Proceedings by Saleem N. Musallam, Excite Medical Corp.. (Dees, Kevin)
September 26, 2017 Opinion or Order Filing 795 ORDER of USCA: Pursuant to Appellants Excite Medical Corp. and Saleem N. Musallam's motion for voluntary dismissal, FRAP Rule 42 and 11th Cir. R. 42-1(a), the above referenced appeal was duly entered dismissed on this date as to #763 Notice of appeal filed by Excite Medical Corp., Saleem N. Musallam. EOD: 9/26/17; USCA number: 15-15428-DD. (JNB)
September 25, 2017 Opinion or Order Filing 794 ENDORSED ORDER: Pursuant to the Court's February 27, 2017, Order (Doc. # 781), Excite Medical Corp. and Musallam were directed to provide the Court with a status report concerning the appellate proceedings every 30 days. But, a review of the docket reveals that they have failed to timely file a report. Accordingly, the Court directs Excite Medical Corp. and Musallam to provide the Court with a report concerning the status of the appellate proceedings by September 29, 2017. Signed by Judge Virginia M. Hernandez Covington on 9/25/2017. (DMD)
September 11, 2017 Opinion or Order Filing 793 ENDORSED ORDER granting the agreed and unopposed motion to dissolve writs of garnishment and execution. (Doc. #792). The Court dissolves the writs of garnishment served upon Garnishees, Bank of America, N.A., Bank United, N.A., and Wells Fargo Bank, N.A. (Doc. # 430, 431, 469). The Court directs the aforementioned banks to release any hold on funds in accounts in the names of Defendants Saleem N. Musallam and Excite Medical Corp. The Court dissolves the writ of execution (Doc. # 472) and directs the United States Marshals Service to release to Defendant, Excite Medical Corp., all items seized. Signed by Judge Virginia M. Hernandez Covington on 9/11/2017. (DMD)
September 10, 2017 Filing 792 Unopposed MOTION for miscellaneous relief, specifically Dissolve Writ of Execution and Writs of Garnishment by Excite Medical Corp., Saleem N. Musallam. (Dees, Kevin)
August 18, 2017 Filing 791 STATUS report on Pending Appellate Proceedings by Saleem N. Musallam, Excite Medical Corp.. (Dees, Kevin)
August 7, 2017 Opinion or Order Filing 790 ENDORSED ORDER granting #789 Plaintiff's Motion for Substitution of Counsel. Added attorney Frank A. Principe, Jr., for Plaintiff Axiom Worldwide, Inc. Attorney Amy J. Winarsky terminated. Signed by Magistrate Judge Thomas B. McCoun III on 8/7/2017. (AHA)
August 3, 2017 Filing 789 MOTION to Substitute Attorney by Axiom Worldwide, Inc.. (Winarsky, Amy) Motions referred to Magistrate Judge Thomas B. McCoun III.
August 3, 2017 Filing 788 STATUS report on Pending Appellate Proceedings by Saleem N. Musallam, Excite Medical Corp.. (Dees, Kevin)
August 2, 2017 Filing 787 STIPULATION for Substitution of Counsel by Axiom Worldwide, Inc.. (Winarsky, Amy)
July 31, 2017 Opinion or Order Filing 786 ENDORSED ORDER: Pursuant to the Court's February 27, 2017, Order (Doc. # 781), Excite Medical Corp. and Musallam were directed to provide the Court with a status report concerning the appellate proceedings every 30 days. However, a review of the docket reveals that they have failed to timely file a report. Accordingly, the Court directs Excite Medical Corp. and Musallam to provide the Court with a report concerning the status of the appellate proceedings by August 4, 2017. Signed by Judge Virginia M. Hernandez Covington on 7/31/2017. (DMD)
June 27, 2017 Filing 785 STATUS report on Appellate Proceedings by Excite Medical Corp., Saleem N. Musallam. (Dees, Kevin)
May 18, 2017 Filing 784 STATUS report on Appellate Proceedings by Saleem N. Musallam, Excite Medical Corp.. (Dees, Kevin)
April 20, 2017 Filing 783 STATUS report on Appellate Proceedings by Saleem N. Musallam, Excite Medical Corp.. (Dees, Kevin)
March 16, 2017 Filing 782 STATUS report on Pending Appellate Proceedings by Saleem N. Musallam, Excite Medical Corp.. (Dees, Kevin)
February 27, 2017 Opinion or Order Filing 781 ENDORSED ORDER: On September 17, 2014, this case was stayed and administratively closed as to defendant Excite Medical Corp., pending its bankruptcy proceedings. (Doc. #600). Now, Excite Medical has filed a status report, indicating that its bankruptcy action has been dismissed with prejudice. (Doc. #780). However, Excite Medical and defendant Musallam appealed the Court's Order denying their motion for modification of injunction on December 7, 2015. (Doc. #763). That appeal is still pending before the Eleventh Circuit. (Doc. #778). "The filing of a notice of appeal is an event of jurisdictional significance--it confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." Green Leaf Nursery v. E.I. DuPont De Nemours & Co., 341 F.3d 1292, 1309 (11th Cir. 2003)(quoting Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982)). Accordingly, the case remains stayed as to Excite Medical and Musallam over those aspects of the case involved in the appeal, with a status report to be filed on March 15, 2017, and every 30 days thereafter. Signed by Judge Virginia M. Hernandez Covington on 2/27/2017. (DMD)
February 1, 2017 Filing 780 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
January 23, 2017 Opinion or Order Filing 779 ENDORSED ORDER: Pursuant to the Court's September 17, 2014, Order (Doc. #600), Excite Medical Corp. was directed to provide the Court with a status report concerning the Bankruptcy Court proceedings every 30 days. However, a review of the file reveals that Excite Medical Corp. has failed to timely file a report. Accordingly, the Court directs Excite Medical Corp. to provide the Court with a report concerning the status of the Bankruptcy Court proceedings by January 30, 2017. Signed by Judge Virginia M. Hernandez Covington on 1/23/2017. (DMD)
January 19, 2017 Opinion or Order Filing 778 ORDER of USCA: Appeal clerically reinstated as to Appellant Excite Medical Corp. because appeal was erroneously dismissed on 01/13/2017. The dismissed in error. as to #763 Notice of appeal filed by Excite Medical Corp., Saleem N. Musallam. EOD: 1/17/17; USCA number: 15-15428-DD. (JNB)
January 12, 2017 Opinion or Order Filing 777 ORDER of USCA: Pursuant to the 11th Cir.R.42-1(b), this appeal is dismissed for want of prosecution because the appellant Axiom Worldwide, Inc. failed to retain counsel in accordance with Palazzo v. Gulf Oil 764 F.2d 1381, 1385 (11th Cir. 1995) within the time fixed by the rules. as to #763 Notice of appeal filed by Excite Medical Corp., Saleem N. Musallam. EOD: 1/12/17; USCA number: 15-15428-DD. (JNB)
December 13, 2016 Opinion or Order Filing 776 ORDER of USCA: Motion to withdraw as counsel filed by Mitchell Craig Robiner is GRANTED as to #763 Notice of appeal filed by Excite Medical Corp., Saleem N. Musallam. EOD: 12/9/16; USCA number: 15-15428-DD. (JNB)
April 19, 2016 Filing 775 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #763 Notice of appeal. The following documents have been forwarded in paper format for the record on appeal by the USCA in addition to the electronic record. Volume of pleadings: 1 SEALED Volume of exhibits: 2 Envelopes. USCA number: 15-15428-DD (LSS)
March 10, 2016 Filing 774 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Sandra K. Provenzano. (SKP)
March 10, 2016 Filing 773 TRANSCRIPT of Except of Evidentiary Hearing; Testimony of Emilia Serrano held on 08/12/14 before Judge Thomas B. McCoun. Court Reporter/Transcriber Sandra K. Provenzano,Telephone number 813/301-5699. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 3/31/2016, Redacted Transcript Deadline set for 4/11/2016, Release of Transcript Restriction set for 6/8/2016. (SKP)
January 25, 2016 Opinion or Order Filing 772 ORDER: The report and recommendation #770 is ACCEPTED and ADOPTED. Non-Party Khaled Shellah's Refiled Motion to Intervene, #760is DENIED. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/25/2016. (NM)
January 7, 2016 Opinion or Order Filing 771 ORDER: The report and recommendation #766 is ACCEPTED and ADOPTED. Plaintiff Axiom Worldwide's Motion for Preliminary Injunction to Freeze Assets of Defendant Musallam, Excite Medical of Tampa Bay, LLC, Eltech USA, and its Principal Mr. Ilya Marder, and Eltech Capital, LLC #738 is DENIED. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/7/2016. (NM)
January 6, 2016 Filing 770 REPORT AND RECOMMENDATION re #760 Non-Party Khaled Shellah's Refiled Motion to Intervene. Signed by Magistrate Judge Thomas B. McCoun III on 1/6/2016. (AHA)
December 28, 2015 Filing 769 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
December 24, 2015 TRANSMITTAL to USCA forwarding Appeal Fees Paid re #763 Notice of appeal USCA number: 15-15428-D. (VCG)
December 23, 2015 USCA appeal fees received $ 505 receipt number tpa34080 re #763 Notice of appeal filed by Excite Medical Corp., Saleem N. Musallam (ARC)
December 18, 2015 Opinion or Order Filing 768 ORDER: Defendant, Excite Medical Corp.'s Verified Motion for Miscellaneous Relief, #717 is DENIED without prejudice. Additioanlly, Plaintiff Axiom Worldwide's Global Motion for Order to Show Cause for Contempt of Court and Motion to Refer Certain Parties to the U.S. Attorney's Offices for Criminal Prosecution, #736 is DENIED without prejudice. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/18/2015. (NM)
December 14, 2015 Filing 767 RESPONSE in Opposition re #760 Amended MOTION to intervene filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
December 8, 2015 Filing 766 REPORT AND RECOMMENDATION on #738 Plaintiff Axiom Worldwide's Motion for Preliminary Injunction to Freeze Assets of Defendant Musallam, Excite Medical of Tampa Bay, LLC, Eltech USA, and its Principal Mr. Ilya Marder, and Eltech Capital, LLC. Signed by Magistrate Judge Thomas B. McCoun III on 12/8/2015. (AHA)
December 8, 2015 Opinion or Order Filing 765 ORDER: The report and recommendation #758 is ACCEPTED and ADOPTED. Defendant Excite Medical Corp.'s Verified Motion for Order to Show Cause Why Axiom Worldwide, Inc. Should Not be Held in Contempt for Violation of the Court's Order on Confidentiality, #729 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 12/8/2015. (NM)
December 8, 2015 Filing 764 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #763 Notice of appeal. (VCG)
December 7, 2015 Filing 763 NOTICE OF APPEAL as to #762 Order on motion to modifyOrder on Report and Recommendations by Excite Medical Corp., Saleem N. Musallam. Filing fee not paid. (Dees, Kevin)
December 7, 2015 Opinion or Order Filing 762 ORDER: The report and recommendation #746 is ACCEPTED and ADOPTED. Defendants Excite Medical Corp. and Saleem Musallam's Motion for Modification of Injunction #681 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 12/7/2015. (NM)
December 4, 2015 Filing 761 RESPONSE to objections to #746 Report and Recommendations filed by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit)(Winarsky, Amy)
November 30, 2015 Filing 760 Amended MOTION to intervene by Khaled Shellah. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Holmes, Ian) Motions referred to Magistrate Judge Thomas B. McCoun III.
November 25, 2015 Filing 759 {TERMINATED} MOTION to intervene by Khaled Shellah. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Holmes, Ian) Motions referred to Magistrate Judge Thomas B. McCoun III. Modified on 11/27/2015 Contacted Counsel; Signature page not provided; Counsel to refile. (VCG).
November 19, 2015 Opinion or Order Filing 758 REPORT AND RECOMMENDATION on #729 Defendant Excite Medical Corp.'s Verified Motion for Order to Show Cause Why [Plaintiff] Axiom Worldwide, Inc. Should Not be Held in Contempt for Violation of the Court's Order on Confidentiality. Signed by Magistrate Judge Thomas B. McCoun III on 11/19/2015. (AHA)
November 19, 2015 Opinion or Order Filing 757 ENDORSED ORDER granting #755 Plaintiff's Motion for Extension of Time to File Response to #752 Defendants' Objections to Report and Recommendation (Plaintiff's Response to Objection due by 12/4/2015); and denying #755 Plaintiff's Motion for Leave to File a Reply to #753 Defendants' Response in Opposition to Motion for Order to Show Cause. Signed by Magistrate Judge Thomas B. McCoun III on 11/19/2015. (AHA)
November 19, 2015 Filing 756 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
November 18, 2015 Filing 755 MOTION for Extension of Time to File Response/Reply as to #754 Response in Opposition to Motion, #752 Objection, #753 Response in Opposition to Motion , MOTION for leave to file by Axiom Worldwide, Inc.. (Winarsky, Amy)
November 12, 2015 Filing 754 RESPONSE in Opposition re #736 MOTION for order to show cause Global Motion for Order to Show Cause for Contempt of Court and Motion to Refer Certain Parties to the US Attorney's Offices for Criminal Prosecution filed by Excite Medical Corp.. (Attachments: #1 Exhibit A - USFDA - Establishment and Device Listing, #2 Exhibit B - USPTO - Integrity Life Sciences.com)(Dees, Kevin)
November 12, 2015 Filing 753 RESPONSE in Opposition re #736 MOTION for order to show cause Global Motion for Order to Show Cause for Contempt of Court and Motion to Refer Certain Parties to the US Attorney's Offices for Criminal Prosecution filed by Eltech USA, LLC. (Holmes, Ian)
November 12, 2015 Filing 752 OBJECTION re #746 REPORT AND RECOMMENDATIONS re #681 MOTION to modify Injunction filed by Excite Medical Corp., Saleem N. Musallam. . (Attachments: #1 Exhibit A - USPTO - Cancelled Trademark Registrations, #2 Exhibit B - FDA Form 2892, #3 Exhibit C - FDA Establishment Listing - Powered Traction Equipment, #4 Exhibit D - FDA Establishment and Device Listing, #5 Exhibit E - Oregon Attorney General Complaint, #6 Exhibit F - Florida Attorney General Suit Docket, #7 Exhibit G - Order USDC NDGA)(Dees, Kevin)
November 9, 2015 Filing 751 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Linda Starr (813-301-5024). (HWJ)
November 9, 2015 Filing 750 TRANSCRIPT of Evidentiary Hearing held on July 22, 2015 before Judge Thomas B. McCoun, III. Court Reporter/Transcriber Linda Starr,Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 11/30/2015, Redacted Transcript Deadline set for 12/10/2015, Release of Transcript Restriction set for 2/8/2016. (HWJ)
November 6, 2015 Opinion or Order Filing 749 ENDORSED ORDER denying #748 Plaintiff's Motion for Leave to File Reply. Signed by Magistrate Judge Thomas B. McCoun III on 11/6/2015. (AHA)
November 4, 2015 Filing 748 MOTION for leave to file Joint Response to Motion for Preliminary Injunction and to Freeze Assets by Axiom Worldwide, Inc.. (Winarsky, Amy)
November 3, 2015 Filing 747 RESPONSE in Opposition re #738 MOTION to Appoint Receiver Motion for Preliminary Injunction to Freeze Assets of Defendant Musallam and Excite Medical of Tampa Bay, LLC and Eltech USA and Its Principal Mr. Ilya Marder and Eltech Capital, LLC (includes a request for a receiver) filed by Eltech USA, LLC, Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A - Injunction Against Axiom Worldwide, Inc., #2 Exhibit B - Order Denying Preliminary Injunction)(Dees, Kevin)
October 30, 2015 Filing 746 REPORT AND RECOMMENDATION on #681 Defendants Excite Medical Corp. and Saleem N. Musallam's Motion for Modification of Injunction. Signed by Magistrate Judge Thomas B. McCoun III on 10/30/2015. (AHA)
October 30, 2015 Opinion or Order Filing 745 ENDORSED ORDER granting in part #743 Defendant ElTech USA, LLC's Motion for Extension of Time to Respond to #736 Plaintiff's Motion for order to show cause. Response due by 11/12/2015. Signed by Magistrate Judge Thomas B. McCoun III on 10/30/2015. (AHA)
October 30, 2015 Opinion or Order Filing 744 ENDORSED ORDER granting in part #740 Defendant Excite Medical Corp.'s Motion for Extension of Time to Respond to #736 Plaintiff's Motion for order to show cause. Response due by 11/12/2015. Signed by Magistrate Judge Thomas B. McCoun III on 10/30/2015. (AHA)
October 29, 2015 Filing 743 MOTION for Extension of Time to File Response as to #736 MOTION for order to show cause by Eltech USA, LLC. (Holmes, Ian)
October 28, 2015 Opinion or Order Filing 742 ORDER: Defendant Excite Medical Corp.'s Verified Motion For Order to Show Cause #729 and Plaintiff Axiom Worldwide's Global Motion For Order to Show Cause #736 are hereby referred to the Honorable Thomas B. McCoun, III, United States Magistrate Judge, for the issuance of a Report and Recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 10/28/2015. (NM) Motions referred to Magistrate Judge Thomas B. McCoun III.
October 28, 2015 Opinion or Order Filing 741 ENDORSED ORDER denying #734 Defendant, Excite Medical Corp.'s Motion For Expedited Consideration of Pending Motions as moot. Defendant's request for an order on or before the October 21, 2015, bankruptcy hearing is mooted by the rescheduling of the hearing to January 6, 2016. Signed by Judge Virginia M. Hernandez Covington on 10/28/2015. (NM)
October 28, 2015 Filing 740 MOTION for Extension of Time to File Response/Reply as to #736 MOTION for order to show cause Global Motion for Order to Show Cause for Contempt of Court and Motion to Refer Certain Parties to the US Attorney's Offices for Criminal Prosecution by Excite Medical Corp.. (Attachments: #1 Exhibit USPTO - Notice of Publication)(Dees, Kevin)
October 20, 2015 Opinion or Order Filing 739 ORDER: referring #738 Motion for Preliminary Injunction for report and recommendation. Signed by Judge Virginia M. Hernandez Covington on 10/20/2015. (NM) Motions referred to Magistrate Judge Thomas B. McCoun III.
October 20, 2015 Filing 738 MOTION to Appoint Receiver Motion for Preliminary Injunction to Freeze Assets of Defendant Musallam and Excite Medical of Tampa Bay, LLC and Eltech USA and Its Principal Mr. Ilya Marder and Eltech Capital, LLC (includes a request for a receiver) by Axiom Worldwide, Inc.. (Winarsky, Amy)
October 19, 2015 Filing 737 STATUS report on Bankrupty Proceedings by Excite Medical Corp.. (Dees, Kevin)
October 15, 2015 Filing 736 MOTION for order to show cause Global Motion for Order to Show Cause for Contempt of Court and Motion to Refer Certain Parties to the US Attorney's Offices for Criminal Prosecution by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit of James Gibson, #2 Exhibit 1-2 to Affidavit, #3 Exhibit 3-4 to Affidavit, #4 Exhibit 5-6 to Affidavit, #5 Exhibit 7-11 to Affidavit, #6 Exhibit 12-13 to Affidavit, #7 Exhibit 14-15 to Affidavit, #8 Exhibit 16-18 to Affidavit, #9 Exhibit 19-20 to Affidavit, #10 Exhibit 21-23 to Affidavit, #11 Exhibit 24-25 to Affidavit, #12 Exhibit 26-28 to Affidavit)(Winarsky, Amy)
October 2, 2015 Filing 735 RESPONSE in Opposition re #734 MOTION to Expedite Consideration of Motions (Docs. 681, 717) filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
October 1, 2015 Filing 734 MOTION to Expedite Consideration of Motions (Docs. 681, 717) by Excite Medical Corp.. (Dees, Kevin) Modified on 10/2/2015 to edit text. (AG)
September 30, 2015 Filing 733 MEMORANDUM in support re #725 Order filed by Excite Medical Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - Itemized Inventory, #6 Exhibit F)(Dees, Kevin)
September 30, 2015 Filing 732 NOTICE of unavailability of counsel by Axiom Worldwide, Inc. from November 13, 2015 to November 30, 2015. (Winarsky, Amy)
September 30, 2015 Filing 731 RESPONSE re #725 Order filed by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit)(Winarsky, Amy)
September 25, 2015 Filing 730 RESPONSE to Motion re #729 Verified MOTION for order to show cause why Plaintiff, AXIOM WORLDWIDE, INC., should not be held in CONTEMPT filed by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit of James Gibson, #2 Exhibit Exhibit 1 to Affidavit, #3 Exhibit Exhibit 2 to Affidavit, #4 Exhibit Exhibit 3 to Affidavit, #5 Exhibit Exhibit 4 to Affidavit)(Winarsky, Amy)
September 22, 2015 Filing 729 Verified MOTION for order to show cause why Plaintiff, AXIOM WORLDWIDE, INC., should not be held in CONTEMPT by Excite Medical Corp.. (Attachments: #1 Exhibit A - Domain Registration, #2 Exhibit B - Mass Email, #3 Exhibit C - Emails, #4 Exhibit D - Metadata, #5 Exhibit E - Gibson Metadata)(Dees, Kevin)
September 20, 2015 Filing 728 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
September 9, 2015 Opinion or Order Filing 727 ORDER denying #726 Plaintiff's Motion to Quash Third Party Subpoena. Signed by Magistrate Judge Thomas B. McCoun III on 9/9/2015. (AHA)
September 2, 2015 Filing 726 MOTION to quash Third Party Subpoena issued by Excite Medical Corp by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit third party subpoena)(Winarsky, Amy)
August 25, 2015 Opinion or Order Filing 725 ORDER: The Court defers ruling on Defendant Excite Medical's Motion for Miscellaneous Relief #717 until each party files an itemized list consisting of the 424 items in a table-format, divided by the three categories, and the optional brief, by September 30, 2015. Signed by Judge Virginia M. Hernandez Covington on 8/25/2015. (NM)
August 25, 2015 Opinion or Order Filing 724 ENDORSED ORDER denying #723 Defendant, Excite Medical Corp.'s Motion for Leave to File Reply. The Court has reviewed the parties' filings and is otherwise fully advised in the premises. Signed by Judge Virginia M. Hernandez Covington on 8/25/2015. (NM)
August 21, 2015 Filing 723 MOTION for leave to file Reply Memorandum by Excite Medical Corp.. (Dees, Kevin)
August 21, 2015 Sealed Document S-722 (AG)
August 20, 2015 Filing 721 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
August 20, 2015 Filing 720 NOTICE by Axiom Worldwide, Inc.(a Florida corporation) re #718 Order (Attachments: #1 Exhibit TVG Trading and Development Letter of Agreement and Memorandum, #2 Exhibit Intellectual Property Assignment Agreement)(Winarsky, Amy)
August 18, 2015 Filing 719 RESPONSE in Opposition re #717 MOTION for miscellaneous relief, specifically Order Allowing Turnover of Property to Bankruptcy Estate filed by Axiom Worldwide, Inc.(a Florida corporation). (Winarsky, Amy)
August 13, 2015 Opinion or Order Filing 718 ORDER directing Axiom to file copies of certain agreements within seven (7) days. See Order for futher details. Signed by Magistrate Judge Thomas B. McCoun III on 8/13/2015. (SLB)
August 4, 2015 Filing 717 MOTION for miscellaneous relief, specifically Order Allowing Turnover of Property to Bankruptcy Estate by Excite Medical Corp.. (Attachments: #1 Exhibit A - Order, #2 Exhibit B - Inventory)(Dees, Kevin)
July 24, 2015 Filing 716 NOTICE of EXHIBITS placed in the EXHIBIT ROOM [(2 Envelopes-Evidentiary Hearing)]. (VCG)
July 24, 2015 Filing 715 Exhibit List by Axiom Worldwide, Inc.(a Florida corporation). (Winarsky, Amy)
July 24, 2015 Filing 714 NOTICE by Excite Medical Corp., Saleem N. Musallam of Filing Exhibit List (Attachments: #1 Exhibit A)(Dees, Kevin)
July 22, 2015 Filing 713 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: MOTION HEARING held on 7/22/2015 re #681 MOTION to modify Injunction filed by Excite Medical Corp., Saleem N. Musallam. Court Reporter: Linda Starr (SRC)
July 21, 2015 Filing 712 NOTICE by Excite Medical Corp. of Filing Deposition Transcripts for Use at Hearing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dees, Kevin)
July 21, 2015 Filing 711 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dees, Kevin)
July 21, 2015 Opinion or Order Filing 710 ENDORSED ORDER: Pursuant to the Court's September 17, 2014, Order #600, Excite Medical Corp. was directed to provide the Court with a status report concerning the Bankruptcy Court proceedings every 30 days. However, a review of the file reveals that Excite Medical Corp. failed to timely file a report. Accordingly, the Court directs Excite Medical Corp. to provide the Court with a report concerning the status of the Bankruptcy Court proceedings by July 24, 2015. Signed by Judge Virginia M. Hernandez Covington on 7/21/2015. (KNC)
July 17, 2015 Opinion or Order Filing 709 ENDORSED ORDER granting #708 Ilya Marder and ElTech USA, LLC's Unopposed Motion to Appear Telephonically at July 22, 2015 Hearing. Signed by Magistrate Judge Thomas B. McCoun III on 7/17/2015. (AHA)
July 16, 2015 Filing 708 Unopposed MOTION to Appear Telephonically at July 22nd Hearing by Eltech USA, LLC. (Holmes, Ian) Motions referred to Magistrate Judge Thomas B. McCoun III.
July 8, 2015 Opinion or Order Filing 707 ENDORSED ORDER granting #706 Defendants' Motion for Extension of Time to Respond to Interrogatories. Accordingly, Defendants are granted an extension to 7/12/2015 to respond to the interrogatories. Signed by Magistrate Judge Thomas B. McCoun III on 7/8/2015. (AHA)
July 7, 2015 Filing 706 MOTION to extend time to respond to interrogatories by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A)(Dees, Kevin)
July 6, 2015 Opinion or Order Filing 705 ORDER Setting Evidentiary Hearing on #681 Defendants' Motion to modify Injunction. Evidentiary Hearing set for 7/22/2015 at 10:30 AM in Courtroom 12B, Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida before Magistrate Judge Thomas B. McCoun III. The Court will take evidence on all issues related to the claims of abandonment of the trademarks, including evidence related to the continued use of the trademarks, and/or intent to resume use of the trademarks. Counsel shall be prepared to argue the standard applicable to modifying the permanent injunction and the merits of their respective positions. Signed by Magistrate Judge Thomas B. McCoun III on 7/6/2015. (AHA)
June 26, 2015 Filing 704 REPLY to Response to Motion re #681 MOTION to modify Injunction Sur Reply filed by Axiom Worldwide, Inc.(a Florida corporation). (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhbiit 2)(Winarsky, Amy)
June 19, 2015 Filing 703 REPLY to Response to Motion re #681 MOTION to modify Injunction filed by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A - Plaintiff's Annual Reports, #2 Exhibit B - Affidavit of James Gibson, #3 Exhibit C - Cancelled Trademark Registrations, #4 Exhibit D - Abandoned Patent Application, #5 Exhibit E - Intent to Use Trademark Application, #6 Exhibit F - Trademark Examination Procedures Sec. 1604.11, #7 Exhibit G - Judgment Liens Against Plaintiff, #8 Exhibit H - Recorded Assignment of Trademarks)(Dees, Kevin)
June 19, 2015 Opinion or Order Filing 702 ENDORSED ORDER granting #701 Agreed Motion for Leave to Exceed Page Limits for Reply Brief. Accordingly, Defendants are granted leave to file a reply to Plaintiff's response to the motion for modification of injunction not to exceed seven (7) pages within seven (7) days of the date of this Order. Plaintiff is granted leave to file a sur-reply not to exceed five (5) pages within seven (7) days thereafter. Signed by Magistrate Judge Thomas B. McCoun III on 6/19/2015. (AHA)
June 18, 2015 Filing 701 Unopposed MOTION for Leave to File Excess Pages for Reply Brief by Excite Medical Corp.. (Dees, Kevin)
June 18, 2015 Filing 700 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
June 16, 2015 Opinion or Order Filing 699 ORDER denying #694 Defendants' Motion to Quash or Limit Third-Party Subpoena to RSP, Inc. Signed by Magistrate Judge Thomas B. McCoun III on 6/16/2015. (AHA)
June 15, 2015 Filing 698 RESPONSE to Motion re #681 MOTION to modify Injunction filed by Axiom Worldwide, Inc.(a Florida corporation). (Attachments: #1 Exhibit Trademark Application, #2 Affidavit of James Gibson)(Winarsky, Amy)
June 14, 2015 Filing 697 CERTIFICATE of compliance re #694 MOTION to quash Third-Party Subpoena by Excite Medical Corp., Saleem N. Musallam. (Dees, Kevin)
June 12, 2015 Opinion or Order Filing 696 ORDER denying #620 Defendants' Motion for Clarification of Injunction. Signed by Magistrate Judge Thomas B. McCoun III on 6/12/2015. (AHA)
June 12, 2015 Filing 695 RESPONSE re #694 MOTION to quash Third-Party Subpoena filed by Axiom Worldwide, Inc.(a Florida corporation). (Winarsky, Amy)
June 12, 2015 Filing 694 MOTION to quash Third-Party Subpoena by Excite Medical Corp.. (Attachments: #1 Exhibit A)(Dees, Kevin)
June 11, 2015 Opinion or Order Filing 693 ORDER: Plaintiff Axiom Worldwide, Inc.'s Renewed Motion for Attorney's Fees #671 is DENIED WITHOUT PREJUDICE. Signed by Judge Virginia M. Hernandez Covington on 6/11/2015. (KNC)
June 3, 2015 Opinion or Order Filing 692 ENDORSED ORDER granting #691 Plaintiff's Motion for Extension of Time to File Response to #681 Defendants' Motion to Modify Injunction. Plaintiff's Response due by 6/15/2015. Signed by Magistrate Judge Thomas B. McCoun III on 6/3/2015. (AHA)
June 2, 2015 Filing 691 MOTION for Extension of Time to File Response/Reply as to #681 MOTION to modify Injunction by Axiom Worldwide, Inc.(a Florida corporation). (Winarsky, Amy)
May 27, 2015 Filing 690 STATUS report on Bankruptcy Proceedings by Saleem N. Musallam. (Dees, Kevin)
May 27, 2015 Opinion or Order Filing 689 ENDORSED ORDER: Pursuant to the Court's September 17, 2014, Order #600, Excite Medical Corp. was directed to provide the Court with a status report concerning the Bankruptcy Court proceedings every 30 days. However, a review of the file reveals that Excite Medical Corp. failed to timely file a report. Accordingly, the Court directs Excite Medical Corp. to provide the Court with a report concerning the status of the Bankruptcy Court proceedings by May 29, 2015. Signed by Judge Virginia M. Hernandez Covington on 5/27/2015. (KNC)
May 22, 2015 Filing 688 NOTICE of unavailability of counsel by Axiom Worldwide, Inc.(a Florida corporation) from 05/22/2015 to 06/01/2015. (Winarsky, Amy)
May 22, 2015 Opinion or Order Filing 687 ORDER: Defendants Excite Medical Corp. and Saleem N. Musallam's Motion for Modification of Injunction #681 is hereby referred to the Honorable Thomas B. McCoun III, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 5/22/2015. (KNC) Motions referred to Magistrate Judge Thomas B. McCoun III.
May 21, 2015 Opinion or Order Filing 686 ORDER granting in part and denying in part #675 Defendants' Motion for Limited Protective Order Regarding Coordination of Deposition; granting in part and denying in part #677 Defendants' Motion to Quash or Limit Third-Party Subpoenas; denying as moot #680 Plaintiff's Motion to Compel DiscoveryDiscovery; granting in part and denying in part #682 Plaintiff's Amended Motion to Compel Discovery; granting in part and denying in part #683 Plaintiff's Motion to Continue Evidentiary Hearing Scheduled for June 5, 2015 and for Coercive Orders. Signed by Magistrate Judge Thomas B. McCoun III on 5/21/2015. Signed by Magistrate Judge Thomas B. McCoun III on 5/21/2015. (AHA)
May 21, 2015 Filing 685 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: STATUS CONFERENCE held on 5/21/2015. (DIGITAL) (SRC)
May 20, 2015 Filing 684 RESPONSE in Opposition re #682 Amended MOTION to Compel DISCOVERY , #680 MOTION to Compel discovery filed by Saleem N. Musallam. (Attachments: #1 Exhibit A - Customer Invoices, #2 Exhibit B - Emails, #3 Exhibit C - Transfer Documents, #4 Exhibit D - Purchase Orders, #5 Exhibit E - American Express, #6 Exhibit F - Bank Statements, #7 Exhibit G - Business Operating Reports, #8 Exhibit H - Travel Purchases, #9 Exhibit I - General Journal)(Dees, Kevin)
May 20, 2015 Filing 683 MOTION to Continue Evidentiary Hearing Scheduled for June 5, 2015, and Request for Coercive Orders by Axiom Worldwide, Inc.(a Florida corporation). (Winarsky, Amy)
May 20, 2015 Filing 682 Amended MOTION to Compel DISCOVERY by Axiom Worldwide, Inc.(a Florida corporation). (Attachments: #1 Exhibit PRODUCTION REQUEST, #2 Exhibit THREATENING LETTER)(Winarsky, Amy) Motions referred to Magistrate Judge Thomas B. McCoun III.
May 20, 2015 Filing 681 MOTION to modify Injunction by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Dees, Kevin)
May 20, 2015 Filing 680 MOTION to Compel discovery by Axiom Worldwide, Inc.(a Florida corporation). (Attachments: #1 Exhibit discovery request, #2 Exhibit threatening letter)(Winarsky, Amy) Motions referred to Magistrate Judge Thomas B. McCoun III.
May 18, 2015 Filing 679 RESPONSE to Motion re #675 MOTION for protective order directing the cooordination of deposition dates filed by Axiom Worldwide, Inc.(a Florida corporation). (Winarsky, Amy)
May 15, 2015 Filing 678 RESPONSE to Motion re #677 MOTION to quash Subpoenas filed by Axiom Worldwide, Inc.(a Florida corporation). (Winarsky, Amy)
May 14, 2015 Filing 677 MOTION to quash Subpoenas by Saleem N. Musallam. (Attachments: #1 Exhibit A)(Dees, Kevin)
May 13, 2015 Filing 676 NOTICE of Telephonic Status Conference set for 5/21/2015 at 11:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. On the date/time specified, counsel or any unrepresented party shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (AHA)
May 12, 2015 Filing 675 MOTION for protective order directing the cooordination of deposition dates by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Dees, Kevin) Motions referred to Magistrate Judge Thomas B. McCoun III.
May 7, 2015 Filing 674 NOTICE by Excite Medical Corp., Saleem N. Musallam re #658 Order on Motion for Order to Show CauseOrder on Report and Recommendations to Clerk of Court (Dees, Kevin)
April 29, 2015 Filing 673 RESPONSE in Opposition re #671 Amended MOTION for Attorney Fees filed by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A)(Dees, Kevin)
April 28, 2015 Mail returned as Undeliverable;Returned undeliverable as adddressed; Forward Address written on Envelope reads: 2124 84th Street, Suite #3, Brooklyn, NY 11214-2502; re: 664 Order on Motion for Attorney Fees. Mail resent to Eltech USA LLC, c/o Agents and Corporations, Inc. Registered Agent. (VCG)
April 22, 2015 Filing 672 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
April 15, 2015 Filing 671 Amended MOTION for Attorney Fees by Axiom Worldwide, Inc.(a Florida corporation). (Attachments: #1 Affidavit of Fees, #2 Affidavit Expert Affidavit for Fees)(Winarsky, Amy)
April 3, 2015 Opinion or Order Filing 670 ORDER: Plaintiff Axiom Worldwide, Inc.'s Renewed Motion for Attorney's Fees #665 is DENIED WITHOUT PREJUDICE. Signed by Judge Virginia M. Hernandez Covington on 4/3/2015. (KNC)
April 2, 2015 Filing 669 RESPONSE in Opposition re #665 MOTION for Attorney Fees filed by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A)(Dees, Kevin)
March 25, 2015 Filing 668 PLAINTIFF AND DEFENDANT EXHIBITS: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings. Pursuant to Local Rule 5.04, you are notified that you have thirty (30) days for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04.(KMB)
March 24, 2015 Filing 667 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
March 24, 2015 Opinion or Order Filing 666 ENDORSED ORDER: Pursuant to the Court's September 17, 2014, Order #600, Excite Medical Corp. was directed to provide the Court with a status report concerning the Bankruptcy Court proceedings every 30 days. However, a review of the file reveals that Excite Medical Corp. failed to timely file a report. Accordingly, the Court directs Excite Medical Corp. to provide the Court with a report concerning the status of the Bankruptcy Court proceedings by March 26, 2015. Signed by Judge Virginia M. Hernandez Covington on 3/24/2015. (KNC)
March 19, 2015 Filing 665 MOTION for Attorney Fees by Axiom Worldwide, Inc.(a Florida corporation). (Attachments: #1 Affidavit exhibit and affidavit, #2 Affidavit exhibit and affidavit)(Winarsky, Amy)
March 16, 2015 Opinion or Order Filing 664 ENDORSED ORDER denying without prejudice Plaintiff's Motion for Attorney's Fees #663 for failure to comply with Local Rule 3.01(g). Local Rule 3.01(g) states in relevant part: "Before filing any motion in a civil case, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, or to involuntarily dismiss an action, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and shall file with the motion a statement (1) certifying that the moving counsel has conferred with opposing counsel and (2) stating whether counsel agree on the resolution of the motion. A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties' obligation to confer." Plaintiff's counsel's representation that she "has attempted to discuss this Motion with counsel for the Defendant and was told he was unavailable," is insufficient to satisfy Local Rule 3.01(g). Plaintiff may re-file this Motion once counsel has complied with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 3/16/2015. (KNC)
March 13, 2015 Filing 663 MOTION for Attorney Fees by Axiom Worldwide, Inc.(a Florida corporation). (Attachments: #1 Exhibit affidavit of fees, #2 Exhibit expert affidavit)(Winarsky, Amy)
March 12, 2015 Filing 662 NOTICE of Appearance by Ian Thomas Holmes on behalf of Ilya Marder (Holmes, Ian)
March 12, 2015 Filing 661 NOTICE of Appearance by Ian Thomas Holmes on behalf of Eltech USA, LLC (Holmes, Ian)
March 3, 2015 Opinion or Order Filing 660 ENDORSED ORDER denying as moot #643 Plaintiff's Motion for Leave to File a Reply to Defendants' Response in Opposition to Plaintiff's Motion for Proceedings Supplementary. Signed by Magistrate Judge Thomas B. McCoun III on 3/3/2015. (AHA)
March 3, 2015 Opinion or Order Filing 658 ORDER: The Report and Recommendation of the Honorable Thomas B. McCoun, III, United States Magistrate Judge #633 is ADOPTED. Plaintiff Axiom Worldwide, Inc.'s Renewed Motion for Order to Show Cause for Violating this Court's Permanent Injunction and Orders #540 is GRANTED IN PART. Plaintiff is entitled to $38,879.85 against Excite Medical Corporation and Saleem Musallam, jointly and severally, together with Plaintiff's fees and costs in connection with bringing the Renewed Motion for Order to Show Cause for Violating this Court's Permanent Injunction and Orders. Signed by Judge Virginia M. Hernandez Covington on 3/3/2015. (KNC)
March 3, 2015 Opinion or Order Filing 657 ENDORSED ORDER: On March 3, 2015, Plaintiff filed a Notice of Withdrawing Motion for Proceedings Supplementary, to Implead Third Parties, and for Injunctive Relief. #656. Accordingly, Plaintiff's Motion for Proceedings Supplementary, to Implead Third Parties, and for Injunctive Relief #631 is hereby withdrawn. Signed by Judge Virginia M. Hernandez Covington on 3/3/2015. (KNC)
March 3, 2015 Filing 656 NOTICE of withdrawal of motion by Axiom Worldwide, Inc.(a Florida corporation) re #631 MOTION to enforce judgment for Proceedings Supplementary to Implead Third Parties and for Injunctive Relief filed by Axiom Worldwide, Inc. (Winarsky, Amy)
February 25, 2015 Opinion or Order Filing 655 ORDER granting #649 Lee Wm. Atkinson, Zala L. Forizs' Unopposed Motion to Withdraw as Counsel for Defendant Eltech USA, LLC; denying without prejudice #571 Plaintiff's Motion for Order to Show Cause for Eltech USA and Ilya Marder Violating Permanent Injunction and Orders; cancelling show cause hearing currently scheduled for Friday, February 27, 2015, at 10:00 AM; and scheduling evidentiary hearing is scheduled for June 5, 2015, at 9:30 A.M. in Courtroom 12B. See Order for details. Signed by Magistrate Judge Thomas B. McCoun III on 2/25/2015. (AHA)
February 25, 2015 Filing 654 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: STATUS CONFERENCE held on 2/25/2015. (DIGITAL) (SRC)
February 23, 2015 Filing 653 Sworn Declaration of Ilya Marder re #652 Response by Ilya Marder. (VCG)
February 23, 2015 Filing 652 Non-Party, Ilya Marder's Notice of Filing Sworn Declaration in Response to Order to Show Cause re #640 Order to show cause by Ilya Marder. (VCG)
February 23, 2015 Opinion or Order Filing 651 ORDER Setting Telephonic Status Conference re #571 Plaintiff's Motion for Order to Show Cause for Eltech USA and Ilya Marder Violating Permanent Injunction and Orders. Status Conference set for 2/25/2015 at 10:30 AM in Courtroom 12 B, Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida before Magistrate Judge Thomas B. McCoun III. On the date/time specified, counsel and any unrepresented party shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. Signed by Magistrate Judge Thomas B. McCoun III on 2/23/2015. (AHA)
February 23, 2015 Filing 650 {STRICKEN}8:11-cv-1468-T-33TBM ANSWER to #20 Amended Complaint by Axiom Worldwide, Inc..(Atkinson, Lee) Modified on 2/23/2015 Per the request from Chambers. (VCG).
February 23, 2015 Filing 649 Second MOTION to Withdraw #646 Order on Motion for Extension of Time to File Response/ReplyOrder on Motion to Continue by Anhui Ryzur Axiom Medical Devices Ltd. (Atkinson, Lee)
February 23, 2015 Filing 648 NOTICE by Axiom Worldwide, Inc. re #647 Brief - Plaintiff Notice of Service (Winarsky, Amy)
February 23, 2015 Filing 647 PLAINTIFF'S BRIEF re #639 Motion Hearing, #640 Order to show cause Supplemental Brief on Damages Regarding Axiom's motion for Order to Show Cause to El Tech and Ilya Marder filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
February 20, 2015 Opinion or Order Filing 646 ORDER denying #645 Non-Party, lya Marder, and Defendant, Eltech USA's Verified Emergency Motion for Extension of Time and for Continuance of Hearing on Plaintiff Axiom Worldwide, Inc.'s Motion for Order to Show Cause. Signed by Magistrate Judge Thomas B. McCoun III on 2/20/2015. (AHA)
February 20, 2015 Filing 645 EMERGENCY MOTION for Extension of Time to File Response as to #571 MOTION for order to show cause , and MOTION to Continue scheduled hearing on Motion for Order to Show Cause by Eltech USA, LLC, Ilya Marder. (KMB)
February 18, 2015 Filing 644 STATUS report on Bankruptcy Proceedings by Excite Medical Corp., Saleem N. Musallam. (Dees, Kevin)
February 17, 2015 Filing 643 MOTION for leave to file to File Reply to Defendant's Saleem N. Musallam and Excite Medical Corp. Response in Opposition to Plaintiff's Motion for Proceedings Supplementary, to Implead Third Partties and For Injunctive Relief by Axiom Worldwide, Inc.. (Winarsky, Amy)
February 13, 2015 Filing 642 RESPONSE in Opposition re #631 MOTION to enforce judgment for Proceedings Supplementary to Implead Third Parties and for Injunctive Relief filed by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dees, Kevin)
February 13, 2015 Filing 641 OBJECTION re #633 REPORT AND RECOMMENDATIONS re #540 Amended MOTION for order to show cause for Violating this Court's Permanent Injunction and ORders filed by Axiom Worldwide, Inc.. . (Attachments: #1 Affidavit, #2 Exhibit)(Winarsky, Amy)
February 13, 2015 Opinion or Order Filing 640 ORDER to show cause for Violating this Court's Permanent Injunction and Orders as to Eltech USA, LLC and Ilya Marder. Show Cause Response due by 2/23/2015. Show Cause Hearing set for 2/27/2015 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Signed by Magistrate Judge Thomas B. McCoun III on 2/13/2015. (AHA)
February 13, 2015 Filing 639 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: MOTION HEARING held on 2/13/2015 re #571 MOTION for order to show cause filed by Axiom Worldwide, Inc. (DIGITAL) (SRC)
February 6, 2015 Opinion or Order Filing 638 ENDORSED ORDER granting in part and denying in part #636 Defendants' Motion for Extension of Time to File Response to #631 Plaintiff's Motion to for Proceedings Supplementary to Implead Third Parties. Responses due by 2/13/2015. Signed by Magistrate Judge Thomas B. McCoun III on 2/6/2015. (AHA)
February 6, 2015 Filing 637 RESPONSE in Opposition re #636 MOTION for Extension of Time to File Response/Reply as to #631 MOTION to enforce judgment for Proceedings Supplementary to Implead Third Parties and for Injunctive Relief filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
February 5, 2015 Filing 636 MOTION for Extension of Time to File Response/Reply as to #631 MOTION to enforce judgment for Proceedings Supplementary to Implead Third Parties and for Injunctive Relief by Excite Medical Corp., Saleem N. Musallam. (Dees, Kevin)
February 2, 2015 Filing 635 NOTICE of oral argument on #571 Plaintiff's Motion for order to show cause for Eltech USA Violating Permanent Injunction and Orders. Motion Hearing set for 2/13/2015 at 10:00 AM in Courtroom 12 B, Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida, before Magistrate Judge Thomas B. McCoun III. Any counsel who wish to appear by telephone shall notify chambers (813-301-5550), at least one day prior to the hearing. On the date/time specified for the hearing, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (AHA)
January 30, 2015 Opinion or Order Filing 634 ENDORSED ORDER denying #618 Defendants' Motion to Strike or Exclude Affidavits of James J. Gibson, Jr. (See Doc. 633, fn 4). Signed by Magistrate Judge Thomas B. McCoun III on 1/30/2015. (AHA)
January 30, 2015 Opinion or Order Filing 633 REPORT AND RECOMMENDATION re #540 Plaintiff's Amended Motion for Order to Show Cause for Violating this Court's Permanent Injunction and Orders. Signed by Magistrate Judge Thomas B. McCoun III on 1/30/2015. (AHA)
January 27, 2015 Opinion or Order Filing 632 ORDER: Plaintiff Axiom Worldwide, Inc.'s Motion for Proceedings Supplementary, to Implead Third Parties, and for Injunctive Relief #631 is hereby referred to the Honorable Thomas B. McCoun III, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 1/27/2015. (KNC)
January 23, 2015 Filing 631 MOTION to enforce judgment for Proceedings Supplementary to Implead Third Parties and for Injunctive Relief by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Winarsky, Amy)
January 21, 2015 Filing 630 STATUS report as to Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
January 19, 2015 Filing 629 NOTICE by Saleem N. Musallam re #628 Order to File Profit and Loss Statement (Attachments: #1 Exhibit A)(Dees, Kevin)
January 7, 2015 Opinion or Order Filing 628 ORDER directing Musallam to submit for the Court's consideration Excite Medical Corp.'s profit and loss statement for the period from January 1, 2014 through August 2014. Such shall be filed within ten (10) days from the date of this Order. Signed by Magistrate Judge Thomas B. McCoun III on 1/7/2015. (AHA)
December 23, 2014 Filing 627 STATUS report on Bankruptcy Proceedings by Excite Medical Corp.. (Dees, Kevin)
December 22, 2014 Filing 626 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: HEARING held on 12/22/2014 re: damages (DIGITAL) (SRC)
December 19, 2014 Filing 625 RESPONSE to Motion re #618 MOTION to Strike #611 Response supporting affidavits of James J. Gibson, Jr. filed by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit affidavit and exhibit, #2 Exhibit exhibit to affidavit, #3 Exhibit exhibit to affidavit, #4 Exhibit exhibit to affidavit, #5 Exhibit exhibit to affidavit, #6 Exhibit exhibit to affidavit)(Winarsky, Amy)
December 19, 2014 Filing 624 RESPONSE to Motion re #620 MOTION for clarification re #366 Judgment filed by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit affidavit and exhibit, #2 Affidavit affidavit and exhibit)(Winarsky, Amy)
December 18, 2014 Filing 623 MANDATE of USCA. AFFIRMED as to #383 Notice of appeal filed by Excite Medical Corp., #384 Notice of appeal filed by Saleem N. Musallam Issued as Mandate: 12/17/14 USCA number: 13-13900-FF. (JNB)
December 15, 2014 Opinion or Order Filing 622 ENDORSED ORDER denying Axiom Worldwide Inc.'s Motion to Consolidate #615. Signed by Judge Virginia M. Hernandez Covington on 12/15/2014. (KNC)
December 15, 2014 Opinion or Order Filing 621 ORDER: Defendants Excite Medical Corp. and Saleem N. Musallam's Motion for Clarification of Injunction #620 is hereby referred to the Honorable Thomas B. McCoun III, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 12/15/2014. (KNC)
December 12, 2014 Filing 620 MOTION for clarification re #366 Judgment by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dees, Kevin)
December 9, 2014 Filing 619 NOTICE of hearing re #611 Plaintiff's Supplemental Claim for Disgorgement Damages, Affidavit and Memorandum of Law, #617 Response in Opposition to Plaintiff's Claim for Disgorgement of Profits. Hearing on the limited issue of appropriate amount, if any, of disgorgement and/or damages set for 12/22/2014 at 10:00 AM in Courtroom 12B, Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida, before Magistrate Judge Thomas B. McCoun III. (AHA)
December 8, 2014 Filing 618 MOTION to Strike #611 Response supporting affidavits of James J. Gibson, Jr. by Excite Medical Corp., Saleem N. Musallam. (Dees, Kevin)
December 1, 2014 Filing 617 RESPONSE in Opposition re #540 Amended MOTION for order to show cause for Violating this Court's Permanent Injunction and ORders and Plaintiff's Claim for Disgorgement of Profits #611 filed by Excite Medical Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Dees, Kevin)
November 26, 2014 Filing 616 STATUS report as of November 26, 2014 by Excite Medical Corp.. (Siegel, Kenneth)
November 26, 2014 Filing 615 MOTION to Consolidate Cases and/or Stay Proceedings and Response to Dkt. 43, 45, and 46 by Axiom Worldwide, Inc.. (Winarsky, Amy)
November 26, 2014 Filing 614 NOTICE by Axiom Worldwide, Inc. of Motion to Consolidate (Winarsky, Amy)
November 24, 2014 Opinion or Order Filing 613 ENDORSED ORDER: Pursuant to the Court's September 17, 2014, Order #600, Excite Medical Corp. was directed to provide the Court with a status report concerning the Bankruptcy Court proceedings every 30 days. However, a review of the file reveals that Excite Medical Corp. failed to timely file a report. Accordingly, the Court directs Excite Medical Corp. to provide the Court with a report concerning the status of the Bankruptcy Court proceedings by November 26, 2014. Signed by Judge Virginia M. Hernandez Covington on 11/24/2014. (KNC)
November 17, 2014 Filing 612 OPINION/ORDER of USCA. AFFIRMED as to #383 Notice of appeal filed by Excite Medical Corp., #384 Notice of appeal filed by Saleem N. Musallam. EOD: 1/17/14; Mandate to issue at a later date. USCA number: 13-13900-FF. (JNB)
November 17, 2014 Filing 611 RESPONSE re #606 Order Plaintiff's Supplemental Claim for Disgorgement Damages, Affidavit and Memornadum of Law filed by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Winarsky, Amy)
October 22, 2014 Opinion or Order Filing 610 ENDORSED ORDER granting #608 Plaintiff's Motion to extend time to file its Claim for Disgorgement. Plaintiff shall have ten (10) days from the date of entry of an order on relief from stay in the Bankruptcy Court to file its supplemental pleading as directed in #606. Signed by Magistrate Judge Thomas B. McCoun III on 10/22/2014. (AHA)
October 22, 2014 Filing 609 STATUS report of bankruptcy case by Excite Medical Corp.. (Siegel, Kenneth)
October 21, 2014 Filing 608 MOTION to extend time to file Claim for Disgorgement by Axiom Worldwide, Inc.. (Winarsky, Amy)
October 18, 2014 Opinion or Order Filing 607 ENDORSED ORDER: Pursuant to the Court's Order #600 on September 17, 2014, Excite Medical Corp. was directed to provide the Court with a status report concerning the Bankruptcy Court proceedings by October 17, 2014. However, a review of the file reveals that Excite Medical Corp. failed to timely file a report. Accordingly, the Court directs Excite Medical Corp. to provide the Court with a report concerning the status of the Bankruptcy Court proceedings by October 22, 2014. Signed by Judge Virginia M. Hernandez Covington on 10/18/2014. (KNC)
October 8, 2014 Opinion or Order Filing 606 ORDER directing parties to file supplemental pleadings in connection with #540 Plaintiff's Renewed Motion for Order to Show Cause for Violating this Court's Permanent Injunction and Orders. Signed by Magistrate Judge Thomas B. McCoun III on 10/8/2014. (AHA)
September 22, 2014 Opinion or Order Filing 605 ENDORSED ORDER denying Defendant Saleem Musallam's Motion to Temporarily Abate. #603. Signed by Judge Virginia M. Hernandez Covington on 9/22/2014. (KNC)
September 19, 2014 Filing 604 RESPONSE re #603 MOTION for miscellaneous relief, specifically Temporary Abatement filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
September 19, 2014 Filing 603 MOTION for miscellaneous relief, specifically Temporary Abatement by Saleem N. Musallam. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Dees, Kevin)
September 18, 2014 Opinion or Order Filing 602 ORDER denying without prejudice #582 Defendants' Motion Remove Records and Information frm Levied Property. Signed by Magistrate Judge Thomas B. McCoun III on 9/18/2014. (AHA)
September 18, 2014 Opinion or Order Filing 601 ENDORSED ORDER denying as moot #587 Motion for Extension of Time to File Response/Reply to #571. Response was filed 8/27/14. Signed by Magistrate Judge Thomas B. McCoun III on 9/18/2014. (AHA)
September 17, 2014 Opinion or Order Filing 600 ORDER: This case is STAYED and ADMINISTRATIVELY CLOSED as to Defendant Excite Medical Corp. only. No further action will be taken against Excite Medical Corp. until such time as the bankruptcy court lifts the stay or the stay otherwise lapses. Excite Medical Cop. shall advise this Court, in writing, as to the status of the proceedings in the United States Bankruptcy Court on or before October 17, 2014, and every THIRTY (30) DAYS thereafter. Signed by Judge Virginia M. Hernandez Covington on 9/17/2014. (KNC)
September 8, 2014 Filing 599 RESPONSE TO ORDER TO SHOW CAUSE re 591 Order filed by Saleem N. Musallam. (Attachments: #1 Exhibit A)(Dees, Kevin)
September 8, 2014 Filing 598 RESPONSE re #595 Response to order to show cause filed by Excite Medical Corp.. (Siegel, Kenneth)
September 5, 2014 Filing 597 RESPONSE re #582 MOTION for miscellaneous relief, specifically remove records and information from levied property motion filed by Excite Medical Corp. and Saleem Musallam, #595 Response to order to show cause, 591 Order filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
September 3, 2014 Opinion or Order Filing 596 ENDORSED ORDER: On September 2, 2014, Plaintiff filed a response #595 to this Court's Order to Show Cause 591. Defendants have until and including September 8, 2014, to file a response to Plaintiff's position and explain why all proceedings currently before this Court should be stayed pending the resolution of the Bankruptcy Court proceedings. Signed by Judge Virginia M. Hernandez Covington on 9/3/2014. (KNC)
September 2, 2014 Filing 595 RESPONSE TO ORDER TO SHOW CAUSE re 591 Order filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
August 29, 2014 Opinion or Order Filing 593 ENDORSED ORDER granting #592 Plaintiff's Motion for 10-Day Extension of Time to File Response to Defendant's Motion to Remove Records. Signed by Magistrate Judge Thomas B. McCoun III on 8/29/2014. (SLB)
August 29, 2014 Filing 592 MOTION for Extension of Time to File Response to Defendant's motion to Remove Records and Information from Levied Property by Axiom Worldwide, Inc.. (Winarsky, Amy)
August 27, 2014 Opinion or Order Filing 591 ENDORSED ORDER: On August 26, 2014, Defendant Excite Medical Corp. filed a Suggestion of Bankruptcy. #588. In light of this filing, Plaintiff is directed to SHOW CAUSE in writing by September 3, 2014, as to why any and all proceedings against Excite Medical Corp. that are currently before this Court should not be stayed pending the resolution of the Bankruptcy Court proceedings. See 11 U.S.C. 362(a). Plaintiff is further directed to provide its position on whether this Court can proceed against any other Defendant in light of the Suggestion of Bankruptcy. Signed by Judge Virginia M. Hernandez Covington on 8/27/2014. (KNC)
August 27, 2014 Filing 589 RESPONSE in Opposition re #571 MOTION for order to show cause filed by Saleem N. Musallam. (Dees, Kevin)
August 26, 2014 Filing 594 NOTICE of EXHIBITS placed in the EXHIBIT ROOM ([2 Envelopes- Evidentiary Hearing]). (VCG)
August 26, 2014 Filing 588 NOTICE by Excite Medical Corp. of Bankruptcy Filing (Tate, Suzy)
August 25, 2014 Filing 590 NOTICE of filing documents under seal by Axiom Worldwide, Inc. (RFK) Modified on 5/7/2015 Document Unsealed Pursuant to Document's #633 and #658. (VCG).
August 25, 2014 Sealed Document 590. (RFK)
August 22, 2014 Filing 587 MOTION for Extension of Time to File Response/Reply as to #571 MOTION for order to show cause by Excite Medical Corp., Saleem N. Musallam. (Dees, Kevin)
August 22, 2014 Filing 586 NOTICE of General Appearance by Kevin L. Dees on behalf of Excite Medical Corp., Saleem N. Musallam (Dees, Kevin)
August 22, 2014 Filing 585 MEMORANDUM in opposition re #540 Motion for order to show cause Memorandum filed by Excite Medical Corp. and Saleem Musallam filed by Excite Medical Corp.. (Siegel, Kenneth)
August 22, 2014 Filing 584 TRIAL BRIEF Hearing Brief by Axiom Worldwide, Inc.. (Winarsky, Amy)
August 21, 2014 Filing 583 Exhibit List by Axiom Worldwide, Inc from hearing conducted 8/12/2014 reflecting admitted exhibits. (SRC)
August 15, 2014 Filing 582 MOTION for miscellaneous relief, specifically remove records and information from levied property by Excite Medical Corp. and Saleem Musallam. (Attachments: #1 Exhibit inventory of levy)(Siegel, Kenneth) Modified text and filer on 8/18/2014 (KMB).
August 14, 2014 Opinion or Order Filing 581 ORDER granting in part and denying in part #568 Motion to Compel. Signed by Magistrate Judge Thomas B. McCoun III on 8/14/2014. (ATL)
August 14, 2014 Opinion or Order Filing 580 ORDER re stay of execution sale; and granting in part and denying in part #506 Motion for Leave to Obtain Discovery that is in the Possession of the Storage Facility as a Result of the Levy. Signed by Magistrate Judge Thomas B. McCoun III on 8/14/2014. (ATL)
August 13, 2014 Filing 579 NOTICE of filing exhibit list by Excite Medical Corp. and Saleem Musallam (Attachments: #1 Appendix Exhibit List)(Siegel, Kenneth) Modified text and filer on 8/14/2014 (KMB).
August 13, 2014 Filing 578 Witness List by Axiom Worldwide, Inc.. (Winarsky, Amy)
August 12, 2014 Filing 577 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: granting #576 Motion to Quash; Evidentiary Hearing held on 8/12/2014. Court Reporter: Sandra K. Provenzano (SRC)
August 12, 2014 Filing 576 MOTION to quash Third-Party Subpoena by Excite Medical Corp.. (Attachments: #1 Exhibit A)(Dees, Kevin)
August 11, 2014 Filing 575 DEFENDANT'S BRIEF in support of hearing on #540 Amended MOTION for order to show cause for Violating this Court's Permanent Injunction and Orders filed by Excite Medical Corp. and Saleem Musallam. (Siegel, Kenneth) Modified text, filer and linked document on 8/12/2014 (KMB).
August 11, 2014 Filing 574 RESPONSE in Opposition re #568 MOTION to Compel Discovery filed by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dees, Kevin)
August 11, 2014 Filing 573 NOTICE of Limited Appearance by Kevin L. Dees on behalf of Excite Medical Corp., Saleem N. Musallam (Dees, Kevin)
August 11, 2014 Opinion or Order Filing 572 ORDER: Plaintiff Axiom Worldwide, Inc.'s Motion for Order to Show Cause for Eltech USA Violating this Court's Permanent Injunction and Orders #571 is hereby referred to the Honorable Thomas B. McCoun III, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 8/11/2014. (KNC) Motions referred to Magistrate Judge Thomas B. McCoun III.
August 8, 2014 Filing 571 MOTION for order to show cause by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit Exhibit1 Part1 M OSC, #2 Exhibit Exhibit1 Part2 M OSC, #3 Exhibit Exhibit1 Part3 M OSC, #4 Exhibit Exhibit1 Part4 M OSC, #5 Exhibit Exhbit1 Part5 M OSC, #6 Exhibit Exhibit 2 M OSC)(Winarsky, Amy)
August 1, 2014 Opinion or Order Filing 570 ORDER: Plaintiff Axiom Worldwide, Inc.'s Motions for Entry of Final Judgment of Garnishment against Defendants Excite Medical Corp. and Saleem Musallam #503 #504 #505 are GRANTED to the extent set forth herein. Signed by Judge Virginia M. Hernandez Covington on 8/1/2014. (KNC)
July 31, 2014 Filing 569 STATEMENT OF INTENT by Bank United re #564 Order on motion to stay and Order on Motion for Reconsideration (Toland, Howard) Modified text on 8/1/2014 (KMB).
July 25, 2014 Filing 568 MOTION to Compel Discovery by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Affidavit)(Winarsky, Amy) Motions referred to Magistrate Judge Thomas B. McCoun III.
July 24, 2014 Filing 567 NOTICE by Excite Medical Corp. and Saleem Musallam regarding oral argument before Eleventh Circuit (Attachments: #1 Exhibit notice of oral argument)(Siegel, Kenneth) Modified text on 7/25/2014 (KMB).
July 22, 2014 Filing 566 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: TELEPHONE CONFERENCE on 7/22/2014. (DIGITAL) (ATL)
July 17, 2014 Opinion or Order Filing 564 ORDER granting #560 motion to stay; denying #562 Motion for Reconsideration. Signed by Magistrate Judge Thomas B. McCoun III on 7/17/2014. (ATL)
July 16, 2014 Filing 565 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: TELEPHONE CONFERENCE held on 7/16/2014. (DIGITAL) (SRC)
July 16, 2014 Filing 563 RESPONSE to Motion re #560 MOTION to stay and intervene by Bank United filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
July 16, 2014 Filing 562 MOTION for Reconsideration of orders refusing to stay judicial sale; motion for reconsideration filed by Excite Medical and Saleem Musallam by Excite Medical Corp.. (Siegel, Kenneth)
July 16, 2014 Filing 561 NOTICE of hearing: Telephone Conference set for 7/16/2014 at 02:00 PM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III to discuss sale set for 7/17/14. On the date/time specified, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (ATL)
July 15, 2014 Filing 560 MOTION to stay and intervene by Bank United. (Toland, Howard)
July 15, 2014 Opinion or Order Filing 559 ENDORSED ORDER denying as moot #553 motion to stay. Signed by Magistrate Judge Thomas B. McCoun III on 7/15/2014. (ATL)
July 15, 2014 Opinion or Order Filing 558 ENDORSED ORDER denying #556 motion to stay. Signed by Magistrate Judge Thomas B. McCoun III on 7/15/2014. (ATL)
July 14, 2014 Filing 557 RESPONSE to Motion re #553 First MOTION to stay execution filed by Axiom Worldwide, Inc.. (Winarsky, Amy) Modified text on 7/15/2014 (KMB).
July 14, 2014 Filing 556 Amended MOTION to stay execution sale by Excite Medical Corp.and Saleem Musallam. (Siegel, Kenneth) Modified text on 7/15/2014 (KMB).
July 10, 2014 Filing 555 NOTICE of Co-Counsel Appearance by Howard S. Toland on behalf of Bank United (Toland, Howard)
July 10, 2014 Opinion or Order Filing 554 ENDORSED ORDER: On July 9, 2014, Defendants Excite Medical Corporation and Saleem Musallam filed a Motion for Stay of Execution. #553. If Plaintiff Axiom Worldwide, Inc. is inclined to file a response to the Motion, it has until and including July 14, 2014, to do so. Signed by Judge Virginia M. Hernandez Covington on 7/10/2014. (KNC)
July 9, 2014 Filing 553 First MOTION to stay execution filed by Defendants Saleem Musallam and Excite Medical Corp. Modified text on 7/9/2014 (KMB).
July 8, 2014 Filing 552 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: TELEPHONE CONFERENCE held on 7/8/2014. (DIGITAL) (SRC)
July 8, 2014 Filing 551 NOTICE of hearing on motion re #540 Amended MOTION for order to show cause for Violating this Court's Permanent Injunction and Orders. Motion Hearing set for 8/12/2014 at 01:00 PM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. At least five (5) days prior to the hearing, the parties shall discuss and share materials intended for use at the hearing. (ATL)
July 8, 2014 Opinion or Order Filing 550 ENDORSED ORDER denying #549 Motion for Leave to File Reply for reasons discussed at the hearing. Signed by Magistrate Judge Thomas B. McCoun III on 7/8/2014. (ATL)
July 2, 2014 Filing 549 MOTION for leave to file Reply to Defendant's Response to Plaintiff's Amended Motion for Order to Show Cause by Axiom Worldwide, Inc.. (Winarsky, Amy)
July 1, 2014 Filing 548 NOTICE of telephone hearing: re: #506 MOTION for miscellaneous relief, specifically Renewed Motion for Leave to Obtain Discovery that is in the Possession of the Storage Facility as a Result of Levy and in Particular, Leave to Back-up Seized Computers and/or Allow an In Camera Inspection, #540 Amended MOTION for order to show cause for Violating this Court's Permanent Injunction and Orders. Telephone Conference set for 7/8/2014 at 11:00 AM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. On the date/time specified, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (ATL)
June 30, 2014 Filing 547 RESPONSE in Opposition re #540 Amended Motion for order to show cause for Violating this Court's Permanent Injunction and Orders filed by Excite Medical Corp. and Saleem Musallam. (Siegel, Kenneth) Modified text on 7/1/2014 (KMB).
June 23, 2014 Filing 546 NOTICE of Assignment of Judgment to T.V.G. Trading and Development, S.A. by Achim Hansjurgens re #103 Notice (Rappel, Craig) Modified text on 6/24/2014 (KMB).
June 20, 2014 Opinion or Order Filing 545 ENDORSED ORDER granting #544 Motion for Extension of Time to File Response/Reply re #540 Amended MOTION for order to show cause for Violating this Court's Permanent Injunction and Orders. Response due by 6/30/2014. Signed by Magistrate Judge Thomas B. McCoun III on 6/20/2014. (ATL)
June 19, 2014 Filing 544 First MOTION for Extension of Time to File Response to Plaintiff's Amended Motion for Order to Show Cause (document 540) by Excite Medical Corp. and Saleem Musallam. (Siegel, Kenneth) Modified text on 6/20/2014 (KMB).
June 16, 2014 Filing 543 NOTICE by Excite Medical Corp. Defendants' Notice Correcting Statement as to Amount Claimed by Plaintiff in Garnishment Motion (Siegel, Kenneth)
June 6, 2014 Opinion or Order Filing 541 ORDER: Plaintiff Axiom Worldwide, Inc.'s Renewed Motion for Order to Show Cause for Violating this Court's Permanent Injunction and Orders #540 is hereby referred to the Honorable Thomas B. McCoun III, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 6/6/2014. (KNC)
June 5, 2014 Filing 540 Amended MOTION for order to show cause for Violating this Court's Permanent Injunction and ORders by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit, #2 Exhibit to Affidavit 1-3, #3 Exhibit to Affidavit 4-6, #4 Exhibit to Affidavit 7, #5 Exhibit to Affidavit 8-10)(Winarsky, Amy)
June 2, 2014 Filing 538 NOTICE by Excite Medical Corp. notice filed by Saleem Musallam and Excite Medical Corp. regarding oral argument before the Eleventh Circuit (Siegel, Kenneth)
June 2, 2014 Filing 537 RESPONSE in Opposition re #506 MOTION for miscellaneous relief, specifically Renewed Motion for Leave to Obtain Discovery that is in the Possession of the Storage Facility as a Result of Levy and in Particular, Leave to Back-up Seized Computers and/or Allow an In Camera Inspection filed by Saleem Musallam and Excite Medical Corp. filed by Excite Medical Corp.. (Siegel, Kenneth)
May 31, 2014 Filing 536 REPLY to Response to Motion re #529 MOTION for leave to file a Reply to Defendant's Response to Plaintiff's Motions for Final Judgment of Garnishment Reply to Defendants Response in Opposition to Motions for Final Judgment of Garnishment filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
May 30, 2014 Filing 535 NOTICE by Axiom Worldwide, Inc. of Answer to Renewed Writ (Bank United) (Winarsky, Amy)
May 30, 2014 Filing 534 DISBURSEMENT VOUCHER Check number 00707311 in the amount of $100.00 paid to BANKUNITED NA per Court's Order #526 dated 05/20/14. (AIL)
May 30, 2014 Filing 533 DISBURSEMENT VOUCHER Check number 00707312 in the amount of $100.00 paid to Marks Gray PA per Court's Order #520 dated 05/16/14. (AIL)
May 30, 2014 Filing 532 DISBURSEMENT VOUCHER Check number 00707313 in the amount of $100.00 paid to Haley & Jhones PA per Court's Order #519 dated 05/16/14. (AIL)
May 22, 2014 Opinion or Order Filing 531 ENDORSED ORDER granting Plaintiff's Unopposed Motion for Leave of Court to File a Reply to Defendants' Response to Plaintiff's Motions for Final Judgment of Garnishment. #529. Accordingly, Plaintiff may file a reply memorandum, limited to ten pages, by June 2, 2014. Signed by Judge Virginia M. Hernandez Covington on 5/22/2014. (KNC)
May 21, 2014 Opinion or Order Filing 530 ORDER directing Defendants to respond to #506 MOTION for miscellaneous relief, specifically Renewed Motion for Leave to Obtain Discovery that is in the Possession of the Storage Facility as a Result of Levy and in Particular, Leave to Back-up Seized Computers and/or Allow an In Camera Inspection. Response due by 5/31/2014. Signed by Magistrate Judge Thomas B. McCoun III on 5/21/2014. (ATL)
May 21, 2014 Filing 529 MOTION for leave to file a Reply to Defendant's Response to Plaintiff's Motions for Final Judgment of Garnishment by Axiom Worldwide, Inc.. (Winarsky, Amy)
May 20, 2014 Filing 528 APPENDIX re #527 Response in Opposition to Motion filed by Saleem Musallam and Excite Medical Corp by Excite Medical Corp.. (Attachments: #1 Exhibit)(Siegel, Kenneth)
May 20, 2014 Filing 527 RESPONSE in Opposition re #504 MOTION for miscellaneous relief, specifically for Entry of Final Judgment of Garnishment on Bank of America , #505 MOTION for miscellaneous relief, specifically for Entry of Final Judgment of Garnishment on Bank United , #503 MOTION for miscellaneous relief, specifically for Entry of Final Judgment of Garnishment on Wells Fargo Bank filed by Saleem Musallam and Excite Medical Corp. filed by Excite Medical Corp.. (Siegel, Kenneth)
May 20, 2014 Opinion or Order Filing 526 ORDER: Garnishee Bank United, N.A.'s request for attorney's fees #521 is GRANTED. Bank United, N.A. is entitled to an award of $100.00 in statutory attorney's fees pursuant to section 77.28, Florida Statutes, which represents the deposit amount furnished by Plaintiff Axiom Worldwide, Inc. upon the issuance of the Writ of Garnishment against Bank United, N.A. Signed by Judge Virginia M. Hernandez Covington on 5/20/2014. (KNC)
May 20, 2014 Opinion or Order Filing 525 ENDORSED ORDER granting Defendants' Unopposed Request For One-Day Extension of Time to Respond to Final Judgment Motions. #523 #524. Accordingly, Defendants Excite Medical Corp. and Saleem Musallam have until and including May 20, 2014, to file a response to Plaintiff's Final Judgment Motions #503 #504 #505. Signed by Judge Virginia M. Hernandez Covington on 5/20/2014. (KNC)
May 19, 2014 Filing 524 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Final Judgment Motion regarding Bank of America garnishment; motion for extension filed by Excite Medical Corp. and Saleem Musallam by Excite Medical Corp.. (Siegel, Kenneth)
May 19, 2014 Filing 523 Unopposed MOTION for Extension of Time to File Response/Reply to Garnishment Motions (Docs 503, 505) ;extension motion filed by Excite Medical Corp. and Saleem Musallam by Excite Medical Corp.. (Siegel, Kenneth)
May 19, 2014 Filing 522 NOTICE of Appearance by Anabel I. Nemrow on behalf of Bank United (Nemrow, Anabel)
May 19, 2014 Filing 521 ANSWER to Ex-Parte Second Writ of Garnishment by Bank United. (Nemrow, Anabel) Modified text on 6/2/2014 (KMB).
May 16, 2014 Opinion or Order Filing 520 ORDER: Garnishee Wells Fargo Bank, N.A.'s request for attorney's fees #517 is GRANTED. Wells Fargo Bank, N.A. is entitled to an award of $100.00 in statutory attorney's fees pursuant to section 77.28, Florida Statutes, which represents the deposit amount furnished by Plaintiff Axiom Worldwide, Inc. upon the issuance of the Writ of Garnishment against Wells Fargo Bank, N.A. Signed by Judge Virginia M. Hernandez Covington on 5/16/2014. (KNC)
May 16, 2014 Opinion or Order Filing 519 ORDER: Garnishee Bank of America, N.A.'s request for attorney's fees #510 is GRANTED. Bank of America, N.A. is entitled to an award of $100.00 in statutory attorney's fees pursuant to section 77.28, Florida Statutes, which represents the deposit amount furnished by Plaintiff Axiom Worldwide, Inc. upon the issuance of the Writ of Garnishment against Bank of America, N.A. Signed by Judge Virginia M. Hernandez Covington on 5/16/2014. (KNC)
May 16, 2014 Filing 518 NOTICE by Axiom Worldwide, Inc. of Answer to Writ of Garnishment (Wells Fargo Bank) (Winarsky, Amy)
May 15, 2014 Filing 517 ANSWER to Writ of Garnishment and Demand for Garnishment Deposit by Wells Fargo Bank(jkent@marksgray.com). (Kent, John)
May 14, 2014 Filing 516 ANSWER to Writ of Garnishment by Bank of America, N.A. (Winarsky, Amy) Modified text - wrong event code used on 5/14/2014 (RFK).
May 9, 2014 Opinion or Order Filing 514 ENDORSED ORDER denying without prejudice Plaintiff's Request to have a Hearing on the Motion for Order to Show Cause for Violating this Court's Judgment. #511. On February 18, 2014, this Court found that Defendants' notice of appeal divested it of jurisdiction over this action, and as a result, denied all pending motions and requests for relief, without prejudice. #480. Accordingly, the Clerk of the Court terminated all motions that were pending at that time. On April 22, 2014, the Eleventh Circuit Court of Appeals ruled that this Court does have jurisdiction over Plaintiff's post-judgment motions. #493. After the Eleventh Circuit's ruling, neither party sought to reactivate any previously pending motion, thus, at this juncture Plaintiff's motion for order to show cause is not currently before the Court. Therefore, if Plaintiff seeks such relief, it must re-file the motion. Signed by Judge Virginia M. Hernandez Covington on 5/9/2014. (KNC)
May 8, 2014 Filing 512 RESPONSE to Motion re #511 MOTION for Hearing on Plaintiff's Motion Dkt. 423 response of Excite Medical Corp. and Saleem Musallam filed by Excite Medical Corp.. (Siegel, Kenneth)
May 8, 2014 Filing 511 MOTION for Hearing on Plaintiff's Motion Dkt. 423 by Axiom Worldwide, Inc.. (Winarsky, Amy)
May 5, 2014 Filing 510 ANSWER to Writ of Garnishment as to Excite Medical Corp, Saleem N. Musallam by Bank of America, N.A.. (Attachments: #1 Text of Proposed Order)(Jhones, Ana)
May 1, 2014 Filing 509 NOTICE by Axiom Worldwide, Inc. to Defendant of Garnishment on Bank of America (Winarsky, Amy)
May 1, 2014 Filing 508 NOTICE by Axiom Worldwide, Inc. to Defendant of Garnishment on Bank United (Winarsky, Amy)
May 1, 2014 Filing 507 NOTICE by Axiom Worldwide, Inc. to Defendant of Garnishment on Wells Fargo Bank (Winarsky, Amy)
April 30, 2014 Filing 506 MOTION for miscellaneous relief, specifically Renewed Motion for Leave to Obtain Discovery that is in the Possession of the Storage Facility as a Result of Levy and in Particular, Leave to Back-up Seized Computers and/or Allow an In Camera Inspection and Memorandum of Law by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Winarsky, Amy)
April 30, 2014 Filing 505 MOTION for miscellaneous relief, specifically for Entry of Final Judgment of Garnishment on Bank United by Axiom Worldwide, Inc.. (Winarsky, Amy)
April 30, 2014 Filing 504 MOTION for miscellaneous relief, specifically for Entry of Final Judgment of Garnishment on Bank of America by Axiom Worldwide, Inc.. (Winarsky, Amy)
April 30, 2014 Filing 503 MOTION for miscellaneous relief, specifically for Entry of Final Judgment of Garnishment on Wells Fargo Bank by Axiom Worldwide, Inc.. (Winarsky, Amy)
April 30, 2014 [S-500,S-501,S-502] Sealed Documents. (KMB)
April 25, 2014 [S-497,S-498,S-499] Sealed Documents. (KMB)
April 22, 2014 Opinion or Order Filing 493 ORDER of USCA...Because Appellants failed to secure the stay with a supersedeas bond and their motion failed to make the requisite showing...we VACATE the district court's order. In doing so, we note that the district court has jurisdiction over Appellee's post-judgement motions seekings to execute the judgment as to #383 Notice of appeal filed by Excite Medical Corp., #384 Notice of appeal filed by Saleem N. Musallam. EOD: 4/22/14; USCA number: 13-13900-FF. (JNB)
April 3, 2014 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #384 Notice of appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 13-13900-FF (VCG)
March 17, 2014 Filing 492 DISBURSEMENT VOUCHER Check number 00703050 in the amount of $100.00 paid to MARKS GRAY P.A. per Court's Order No. 490 dated 03/03/14. (AIL)
March 17, 2014 Filing 491 DISBURSEMENT VOUCHER Check number 00703049 in the amount of $100.00 paid to BANKUNITED, N.A. per Court's Order #487 dated 02/25/14. (AIL)
March 3, 2014 Opinion or Order Filing 490 ORDER: Garnishee Wells Fargo Bank, N.A.'s request for attorney's fees #479 is GRANTED. Wells Fargo Bank, N.A. is entitled to an award of $100.00 in statutory attorney's fees pursuant to section 77.28, Florida Statutes, which represents the deposit amount furnished by Plaintiff Axiom Worldwide, Inc. upon the issuance of the Writ of Garnishment against Wells Fargo Bank, N.A. Signed by Judge Virginia M. Hernandez Covington on 3/3/2014. (KNC)
February 26, 2014 Opinion or Order Filing 489 ORDER: Defendants Excite Medical Corp. and Saleem Musallam's Motion for Reconsideration of the Court's Order granting in part and denying in part Defendants' Motion to Prohibit Plaintiff from Interfering with Appellate Jurisdiction #485 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 2/26/2014. (KNC)
February 25, 2014 Filing 488 RESPONSE to Motion re #485 MOTION for Reconsideration re #480 Order on Motion for Order to Show CauseOrder on Motion for Judgment as a Matter of LawOrder on motion for discoveryOrder on Motion for Miscellaneous Relief motion for reconsideration by Excite Medical Corp. a filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
February 25, 2014 Opinion or Order Filing 487 ORDER: Garnishee Bank United, N.A.'s request for attorney'sfees #443 is GRANTED. Bank United, N.A. is entitled to an award of $100.00 in statutory attorney's fees pursuant to section 77.28, Florida Statutes, which represents the deposit amount furnished by Plaintiff Axiom Worldwide, Inc. upon the issuance of the Writ of Garnishment against Bank United, N.A. Signed by Judge Virginia M. Hernandez Covington on 2/25/2014. (KNC)
February 24, 2014 Filing 486 NOTICE to Defendant of Issuance of Writ and Amended Answer of Wells Fargo by Axiom Worldwide, Inc. (Winarsky, Amy)
February 21, 2014 Filing 485 MOTION for Reconsideration re #480 Order on Motion for Order to Show CauseOrder on Motion for Judgment as a Matter of LawOrder on motion for discoveryOrder on Motion for Miscellaneous Relief motion for reconsideration by Excite Medical Corp. and Saleem Musallam with respect to Order at Doc. 480 by Excite Medical Corp.. (Siegel, Kenneth)
February 21, 2014 Filing 484 ANSWER to Writ of Garnishment and demand for garnishment deposit by Wells Fargo Bank. (Kent, John)
February 21, 2014 Filing 483 ANSWER to Writ of Garnishment and demand for garnishment deposit by Wells Fargo Bank. (Kent, John)
February 21, 2014 Filing 482 NOTICE by Excite Medical Corp. notice by Excite Medical Corp. and Saleem Musallam regarding communication about motion to reinstate appeal (Siegel, Kenneth)
February 18, 2014 Filing 481 NOTICE canceling Evidentiary Hearing scheduled for 3/14/14 pursuant to the #480 Order denying without prejudice #423 Motion for Order to Show Cause. (ATL)
February 18, 2014 Opinion or Order Filing 480 ***VACATED PER USCA ORDER #493***ORDER: Defendants Excite Medical Corp. and Saleem Musallam's Motion to Prohibit Plaintiff from Interfering with Appellate Jurisdiction #475 is GRANTED in part and DENIED in part as provided herein. The Court denies without prejudice all pending motions and requests for relief #423 #470 #474 due to lack of jurisdiction. Signed by Judge Virginia M. Hernandez Covington on 2/18/2014. (KNC) Modified on 4/22/2014 (JNB).
February 11, 2014 Filing 479 ANSWER to Writ of Garnishment by Wells Fargo Bank N.A. (RFK)
February 11, 2014 Filing 478 RESPONSE in Opposition re #475 MOTION for miscellaneous relief, specifically denial of plaintiff's post-judgment motions; dissolution of writs of garnishment and execution Defendants Excite Medical and Saleem Musallam are filing instant Motion filed by Axiom Worldwide, Inc.. (Winarsky, Amy)
February 11, 2014 Filing 477 NOTICE by Axiom Worldwide, Inc. to Defendant of Issuance of Writ (Winarsky, Amy)
February 7, 2014 Opinion or Order Filing 476 ENDORSED ORDER: On February 6, 2014, Defendants Excite Medical Corp. and Saleem Musallam filed a Motion to Prohibit Plaintiff from Interfering with Appellate Jurisdiction. #475. If Plaintiff intends to respond to this Motion, it must do so by February 12, 2014. Signed by Judge Virginia M. Hernandez Covington on 2/7/2014. (KNC)
February 6, 2014 Filing 475 MOTION for miscellaneous relief, specifically denial of plaintiff's post-judgment motions; dissolution of writs of garnishment and execution Defendants Excite Medical and Saleem Musallam are filing instant Motion by Excite Medical Corp.. (Siegel, Kenneth)
February 6, 2014 Filing 474 MOTION for Discovery for Leave to Obtain Discovery that is in the Possession of Storage Facility as a Result of Levy and in Particular Leave to Back-up Seized Computers and/or Allow an In Camera Inspection and Memorandum of Law by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit)(Winarsky, Amy) Motions referred to Magistrate Judge Thomas B. McCoun III.
February 6, 2014 Filing 473 NOTICE OF RESCHEDULING HEARING: The evidentiary hearing previously scheduled for 3/3/14 is rescheduled. New scheduling date and time: Evidentiary Hearing set for 3/14/2014 at 09:30 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Parties shall exchange exhibits at least five (5) days prior to the hearing.(ATL)
February 4, 2014 Filing 472 ***DISSOLVED PURSUANT TO 793 ENDORSED ORDER***US Marshal 285 form for Writ of Execution; Levy on 01/28/2014. (VCG) Modified on 9/13/2017 (LSS).
February 4, 2014 Filing 470 MOTION for judgment as a matter of law for Entry of Final Judgment of Garnishment by Axiom Worldwide, Inc.. (Attachments: #1 Text of Proposed Order)(Winarsky, Amy)
February 3, 2014 Filing 469 ***DISSOLVED PURSUANT TO 793 ENDORSED ORDER***NOTICE by Axiom Worldwide, Inc. Notice to Defendant - Garnishment on Wells Fargo Bank (Winarsky, Amy) Modified on 9/13/2017 (LSS).
February 3, 2014 Filing 468 DISBURSEMENT VOUCHER Check number 00701159 in the amount of $100.00 paid to HALEY AND JHONES, P.A. per Court's Order No. 456 dated 01/22/14. (AIL)
January 31, 2014 Opinion or Order Filing 467 ORDER of USCA: Motion to reinstate appeal filed by Appellants Excite Medical Corp. and Saleem N. Musallam is GRANTED as to #383 Notice of appeal filed by Excite Medical Corp., #384 Notice of appeal filed by Saleem N. Musallam. EOD: 1/31/14; USCA number: 13-13900-FF. (JNB)
January 27, 2014 Filing 460 RESPONSE re #459 Response to Renewed Claim of Exemption by Axiom Worldwide, Inc.. (Winarsky, Amy)
January 27, 2014 Filing 459 RESPONSE re #455 Response filed by Excite Diagnostics, LLC, Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Affidavit)(Wright, Shelley)
January 23, 2014 Filing 458 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: STATUS CONFERENCE held on 1/23/2014. (DIGITAL) (SRC)
January 23, 2014 Filing 457 NOTICE of hearing: re: #423 MOTION for order to show cause for violating this Court's Permanent Injunction and Orders. Evidentiary Hearing set for 3/3/2014 at 01:30 PM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Parties shall exchange exhibits at least five (5) days prior to the hearing. (ATL)
January 22, 2014 Opinion or Order Filing 456 ORDER: Garnishee Bank of America, N.A.'s Motion for Attorney's Fees #435 is GRANTED. Bank of America, N.A. is entitled to an award of $100.00 in statutory attorney's fees pursuant to section 77.28, Florida Statutes. Signed by Judge Virginia M. Hernandez Covington on 1/22/2014. (KNC)
January 17, 2014 Filing 455 RESPONSE re #447 Claim of Exemption filed by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Winarsky, Amy)
January 17, 2014 Filing 454 REPLY to Response to Motion re #439 Unopposed MOTION for leave to file to File a Reply to Defendant's Answer in Opposition to Plaintiff's Contempt Motion Reply to the Defendant's First Sale Doctrine Argument and Included Memorandum of Law filed by Axiom Worldwide, Inc.. (Attachments: #1 Affidavit)(Winarsky, Amy)
January 15, 2014 Opinion or Order Filing 450 ENDORSED ORDER denying without prejudice Defendants' Motion to Enforce Judgment Lien and Direct Payment #448 for failure to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 1/15/2014. (KNC)
January 15, 2014 Opinion or Order Filing 449 ENDORSED ORDER denying without prejudice Defendants' Motion to Dissolve Writ of Garnishment #446 for failure to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 1/15/2014. (KNC)
January 14, 2014 Filing 448 First MOTION to enforce judgment lien and direct payment by Saleem N. Musallam. (Siegel, Kenneth)
January 14, 2014 Filing 447 CLAIM exemption by Saleem N. Musallam. (Siegel, Kenneth)
January 14, 2014 Filing 446 First MOTION for miscellaneous relief, specifically dissolve writ of garnishment by Excite Medical Corp. and Saleem Musallam by Excite Medical Corp.. (Siegel, Kenneth)
January 14, 2014 Filing 445 NOTICE by Axiom Worldwide, Inc. 2nd Notice to Defendant of Issuance of Writ-Bank United (Attachments: #1 Exhibit Attachment to Plaintiff's Second Notice)(Winarsky, Amy)
January 13, 2014 Filing 444 NOTICE of Appearance by Anabel I. Nemrow on behalf of Bank United (Nemrow, Anabel)
January 13, 2014 Filing 443 ANSWER to Writ of Garnishment by Bank United. (Nemrow, Anabel)
January 13, 2014 Filing 442 NOTICE of phone hearing: re: #423 MOTION for order to show cause for violating this Court's Permanent Injunction and Orders. Phone Status Conference set for 1/23/2014 at 11:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. On the date/time specified, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (ATL)
January 13, 2014 Opinion or Order Filing 441 ENDORSED ORDER granting in part and denying in part #439 Motion for Leave to File a Reply. Plaintiff shall file a reply solely with respect to Defendant's first sale doctrine argument. The reply shall be no more than five (5) pages and is due on or before 1/20/14. Signed by Magistrate Judge Thomas B. McCoun III on 1/13/2014. (ATL)
January 10, 2014 Filing 440 NOTICE of unavailability of counsel byAxiom Worldwide, Inc. from 1/17/14; 1/23-1/24, 2014; 1/31/14 and 2/3/14. (Winarsky, Amy)
January 10, 2014 Filing 439 Unopposed MOTION for leave to file to File a Reply to Defendant's Answer in Opposition to Plaintiff's Contempt Motion by Axiom Worldwide, Inc.. (Winarsky, Amy)
January 8, 2014 Filing 438 RESPONSE in Opposition re #423 MOTION for order to show cause for violating this Court's Permanent Injunction and Orders Defendants' Answer Opposing Plaintiff's Renewed Contempt Motion filed by Excite Medical Corp.. (Attachments: #1 Exhibit resellers and servicers of Axiom systems, #2 Affidavit unsworn declaration)(Siegel, Kenneth)
January 3, 2014 Opinion or Order Filing 437 ENDORSED ORDER granting #436 Motion for Extension of Time to Answer or respond re #423 MOTION for order to show cause for violating this Court's Permanent Injunction and Orders. Defendants' response due by 1/8/2014. Signed by Magistrate Judge Thomas B. McCoun III on 1/3/2014. (ATL)
January 2, 2014 Filing 436 First MOTION for Extension of Time to File Answer by Excite Medical Corp. and Saleem Musallam; extension until Wednesday, January 8, 2014, to file Answer to Plaintiff's Contempt Motion (Doc. 423) by Excite Medical Corp.. (Siegel, Kenneth)
January 2, 2014 Filing 435 Unopposed MOTION for Attorney Fees (Statutory Garnishment fee) by Bank of America, N.A.. (Attachments: #1 Text of Proposed Order)(Jhones, Ana)
January 2, 2014 Opinion or Order Filing 434 ORDER: Plaintiff Axiom Worldwide, Inc.'s Renewed Motion for Order to Show Cause for Violating the Court's Permanent Injunction and Orders #423 is hereby referred to the Honorable Thomas B. McCoun III, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 1/2/2014. (KNC)
December 30, 2013 Filing 433 NOTICE by Axiom Worldwide, Inc. to Defendant of Issuance of Writ (Winarsky, Amy)
December 27, 2013 Filing 432 ANSWER to Writ of Garnishment by Bank of America, N.A.. (Attachments: #1 Text of Proposed Order)(Jhones, Ana) Modified on 12/31/2013 Contacted Counsel; Document will be refiled again as motion. (VCG).
December 24, 2013 Filing 431 ***DISSOLVED PURSUANT TO 793 ENDORSED ORDER***NOTICE of compliance Notice to Defendant on Bank United Garnishment by Axiom Worldwide, Inc. (Winarsky, Amy) Modified on 9/13/2017 (LSS).
December 24, 2013 Filing 430 ***DISSOLVED PURSUANT TO 793 ENDORSED ORDER***NOTICE by Axiom Worldwide, Inc. re 427 Notice of exparte filing Notice to Defendant - Bank of America Garnishment (Winarsky, Amy) Modified on 9/13/2017 (LSS).
December 20, 2013 Filing 423 MOTION for order to show cause for violating this Court's Permanent Injunction and Orders by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Winarsky, Amy)
December 19, 2013 Opinion or Order Filing 419 ENDORSED ORDER denying without prejudice Plaintiff's Construed Motion for Reconsideration for failure to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 12/19/2013. (KNC)
December 17, 2013 Filing 417 Construed MOTION for Reconsideration by Axiom Worldwide, Inc. (Attachments: #1 Exhibit)(RVB)
December 11, 2013 Opinion or Order Filing 414 ORDER of USCA: Pursuant to the 11th Cir.R. 42-2(c), this appeal is hereby DISMISSED for want of prosecution because the appellant Excite Medical Corp. and Saleem N. Musallam has failed to file an appellant's brief and appendix within the time fixed by the rules as to #383 Notice of appeal filed by Excite Medical Corp.. EOD: 12/10/13; USCA number: 13-13900-FF. (JNB)
October 24, 2013 Opinion or Order Filing 413 ORDER: Plaintiff Axiom Worldwide, Inc.'s Renewed Motion for Reconsideration of All Motions Pending Prior to the Issuance of the Court's Endorsed Order #404 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 10/24/2013. (LRM)
October 16, 2013 Opinion or Order Filing 412 ORDER awarding sanctions related to discovery abuses. Signed by Magistrate Judge Thomas B. McCoun III on 10/16/2013. (ATL)
October 1, 2013 Filing 411 RESPONSE in Opposition re #404 Amended MOTION for Reconsideration of All Motions Pending Prior to the Issuance of The Court's Endorsed Order (Docket No. 401) Defendants Excite Medical Corp. and Saleem Musallam are filing parties filed by Excite Medical Corp.. (Siegel, Kenneth)
September 25, 2013 Filing 410 NOTIFICATION that transcripts have been filed by Bill Jones re: #383 Notice of appeal, #384 Notice of appeal USCA number: 13-13900 (HWJ)
September 25, 2013 Filing 409 NOTICE to counsel of filing of OFFICIAL TRANSCRIPTS. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Bill Jones (HWJ)
September 25, 2013 Filing 408 TRANSCRIPT of Hearing held on 05-24-13 before Judge Thomas B. McCoun, III re #383 Notice of appeal, #384 Notice of appeal. Court Reporter/Transcriber Bill Jones, Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 10/16/2013, Redacted Transcript Deadline set for 10/28/2013, Release of Transcript Restriction set for 12/24/2013. (HWJ)
September 25, 2013 Filing 407 TRANSCRIPT of Hearing held on 04-19-13 before Judge Thomas B. McCoun, III re #383 Notice of appeal, #384 Notice of appeal. Court Reporter/Transcriber Bill Jones, Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 10/16/2013, Redacted Transcript Deadline set for 10/28/2013, Release of Transcript Restriction set for 12/24/2013. (HWJ)
September 25, 2013 Filing 406 COURT REPORTER ACKNOWLEDGMENT by Bill Jones re #383 Notice of appeal, #384 Notice of appeal Estimated transcript filing date: 10-12-13. USCA number: 13-13900. (HWJ)
September 20, 2013 Opinion or Order Filing 405 ENDORSED ORDER: On September 20, 2013, Plaintiff Axiom Worldwide, Inc. filed a Motion #404 requesting that the Court reconsider its September 13, 2013, Order 401 denying without prejudice all pending motions and requests for relief due to lack of jurisdiction. In its Motion for Reconsideration, Axiom states that "[o]pposing counsel did state that he would like the opportunity to file a response" to Axiom's Motion. Any party who wishes to be heard on Axiom's Motion for Reconsideration should file a response to the Motion on or before October 1, 2013. Signed by Judge Virginia M. Hernandez Covington on 9/20/2013. (LRM)
September 20, 2013 Filing 404 Amended MOTION for Reconsideration of All Motions Pending Prior to the Issuance of The Court's Endorsed Order (Docket No. 401) by Axiom Worldwide, Inc.. (Winarsky, Amy)
September 20, 2013 Opinion or Order Filing 403 ENDORSED ORDER denying without prejudice #402 Plaintiff's Motion for Reconsideration for failure to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 9/20/2013. (LRM)
September 19, 2013 Filing 402 MOTION for Reconsideration of All Motions Pending Prior to the Issuance of the Court's Endorsed Order (Docket 401) by Axiom Worldwide, Inc.. (Winarsky, Amy)
September 13, 2013 Opinion or Order Filing 401 ENDORSED ORDER: The filing of a notice of appeal divests a district court of jurisdiction with respect to any matters involved in the appeal. See Blinco v. Green Tree Servicing, LLC, 366 F.3d 1249, 1251 (11th Cir. 2004). Defendants Excite Medical Corp. and Saleem N. Musallam filed Notices of Appeal on August 23, 2013. Accordingly, the Court denies without prejudice any pending motions and requests for relief due to lack of jurisdiction. The parties may reassert such requests after the conclusion of the appeal, if appropriate. Additionally, requests may be renewed prior to the conclusion of the appeal upon a specific showing that the Court has jurisdiction to resolve the matter at this time. Signed by Judge Virginia M. Hernandez Covington on 9/13/2013. (LRM)
September 13, 2013 Filing 400 NOTICE of compliance re #399 Order by Frick Law Group, P.A. (Frick, Scott)
September 13, 2013 Opinion or Order Filing 399 ORDER directing Mr. Frick to submit billing records. Signed by Magistrate Judge Thomas B. McCoun III on 9/13/2013. (ATL)
September 12, 2013 Filing 398 TRANSCRIPT information form filed by Saleem N. Musallam re #383 Notice of appeal, #384 Notice of appeal. USCA number: 13-13900. (Siegel, Kenneth)
September 12, 2013 Filing 395 MOTION for leave to file Unopposed Motion for Leave of Court to File a Reply to Defendant's Answer in Opposition to Plaintiff's Contempt Motion by Axiom Worldwide, Inc.. (Winarsky, Amy)
September 11, 2013 Filing 394 ***TERMINATED, Attorney instructed to file a SIGNED version of this motion*** MOTION for leave to file Reply to Defendant's Answer in Opposition to Plaintiff's Contempt Motion by Axiom Worldwide, Inc.. (Winarsky, Amy) Modified on 9/12/2013 (RVB).
September 9, 2013 Filing 393 RESPONSE in Opposition re #380 MOTION for order to show cause for Violating This Court's Permanent Injunction and Orders answer in opposition filed by Excite Medical Corp. and Saleem Musallam filed by Saleem N. Musallam. (Attachments: #1 Affidavit unsworn declaration of saleem musallm, #2 Exhibit re-sellers and servicers of axiom systems)(Siegel, Kenneth)
September 6, 2013 Opinion or Order Filing 392 ENDORSED ORDER granting #378 Motion to Substitute Attorney. Attorney Dennis Allen Meyers, Lee William Atkinson, and Zala L. Forizs terminated as counsel of record for Defendants Saleem Musallam and Excite Medical Corp. Signed by Magistrate Judge Thomas B. McCoun III on 9/6/2013. (ATL)
September 5, 2013 ACKNOWLEDGMENT by USCA of receiving Initial Appeal Package on 08/28/2013 re #383 Notice of appeal. USCA number: 13-13900-F. (RVB)
September 4, 2013 TRANSMITTAL to USCA forwarding Appeal Filing Fee in the amount of $455, receipt number TPA 19170 re #383 Notice of appeal, #384 Notice of appeal USCA number: 13-13900-F. (RVB)
September 3, 2013 Filing 391 NOTICE by Saleem N. Musallam and Excite Medical Corp. of filing unsworn declaration (Attachments: #1 Affidavit unsworn declaration of saleem musallam, #2 Exhibit first set of exhibits to declaration, #3 Exhibit second set of exhibits to declaration)(Siegel, Kenneth)
September 3, 2013 USCA appeal fees received $ 455 receipt number tpa19170 re #383 Notice of appeal filed by Excite Medical Corp. (ARC)
September 3, 2013 USCA appeal fees received $ 455 receipt number tpa19170 re #384 Notice of appeal filed by Saleem N. Musallam (ARC)
August 30, 2013 Filing 388 NOTICE by Eltech USA, LLC of Filing Sworn Declaration of Ilya Marder (Atkinson, Lee)
August 27, 2013 Filing 387 Supplemental to #380 MOTION for order to show cause for Violating this Court's Permanent Injunction and Orders by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Winarsky, Amy) Modified on 8/28/2013 to correct docket text to accurately reflect e-filed pleading (RVB).
August 26, 2013 Filing 386 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #384 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (RVB)
August 26, 2013 Filing 385 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #383 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (RVB)
August 23, 2013 Filing 384 NOTICE OF APPEAL as to #366 Judgment by Saleem N. Musallam. Filing fee not paid. (Siegel, Kenneth)
August 23, 2013 Filing 383 NOTICE OF APPEAL as to #366 Judgment by Excite Medical Corp.. Filing fee not paid. (Siegel, Kenneth)
August 22, 2013 Filing 382 ***TERMINATED, DISCOVERY E-FILED IN VIOLATION OF LOCAL RULE 3.03*** NOTICE to take Deposition of Saleem Musallam on October 4, 2013 re #381 Deposition . (Winarsky, Amy) Modified on 8/23/2013 (RVB).
August 22, 2013 Filing 381 ***TERMINATED, DISCOVERY E-FILED IN VIOLATION OF LOCAL RULE 3.03*** Subpoena Duces Tecum for Deposition of Saleem Musallam taken on October 4, 2013 . (Winarsky, Amy) Modified on 8/23/2013 (RVB).
August 22, 2013 Filing 380 MOTION for order to show cause for Violating This Court's Permanent Injunction and Orders by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Winarsky, Amy)
August 21, 2013 Filing 379 NOTICE of Appearance by Amy J. Winarsky on behalf of Axiom Worldwide, Inc. (Winarsky, Amy)
August 19, 2013 Filing 378 MOTION to Substitute Attorney by defendants Saleem Musallam and Excite Medical Corp. by Saleem N. Musallam. (Siegel, Kenneth) Motions referred to Magistrate Judge Thomas B. McCoun III.
August 19, 2013 Filing 377 NOTICE of Appearance by Kenneth S. Siegel on behalf of Excite Medical Corp. (Siegel, Kenneth)
August 19, 2013 Filing 376 NOTICE of Appearance by Kenneth S. Siegel on behalf of Saleem N. Musallam (Siegel, Kenneth)
August 15, 2013 Opinion or Order Filing 375 ENDORSED ORDER: On August 14, 2013, #372 the Court granted Plaintiff's counsel's Motion to Withdraw #367; thereby, leaving Plaintiff, Axiom Worldwide, Inc., without counsel. Thereafter, 373 the Court entered an order striking Mr. Gibson's Motion for an Order to Show Cause #371 pursuant to Middle District of Florida Local Rule 2.03(e), which states, "a corporation may appear and be heard only through counsel admitted to practice in the Court." Accordingly, Defendants' Motion to Strike Mr. Gibson's Motion #374 is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 8/15/2013. (KNC)
August 14, 2013 Filing 374 MOTION to Strike James Gibson's Pro Se Motion by Excite Medical Corp., Saleem N. Musallam. (Meyers, Dennis)
August 14, 2013 Opinion or Order Filing 373 ENDORSED ORDER striking James Gibson's Motion for an Order to Show Cause #371. It appears Mr. Gibson intends to bring this motion on behalf of Plaintiff Axiom Worldwide, Inc. However, pursuant to Middle District of Florida Local Rule 2.03(e), "A corporation may appear and be heard only through counsel admitted to practice in the Court." Mr. Gibson does not claim to be so admitted. If Axiom and Mr. Gibson choose, new counsel may file a notice of appearance with this Court and file a motion on Axiom's behalf seeking an order to show cause. However, Mr. Gibson may not move the Court for relief on behalf of Axiom. Signed by Judge Virginia M. Hernandez Covington on 8/14/2013. (LRM)
August 14, 2013 Opinion or Order Filing 372 ORDER granting #367 Motion to Withdraw as Attorney; granting #370 Motion to Withdraw as Attorney. The Clerk is directed to terminate Mr. Frick and the Frick Law Group, P.A. as counsel of record for Plaintiff, and Mr. Atkinson, Mr. Forizs, and the law firm of Forizs & Dogali, P.A. as counsel of record for the Defendants Beijing Rong Da Shun Da Trading Co., Ltd., Beijing Ryzur Axiom Medical Investment Co., Ltd., Anhui Ryzur Axiom Medical Equipment Co., Ltd., HTRD Group Hong Kong, Ltd., and David Ren. Signed by Magistrate Judge Thomas B. McCoun III on 8/14/2013. (ATL)
August 13, 2013 Filing 371 ***STRICKEN per 373 Endorsed Order*** PRO SE MOTION for miscellaneous relief, specifically an Order to Show Cause Why Excite Medical, Saleem Musallam, Livia Fernandes and Scott Scerbo should not be held in civil contempt for violating this Court's permanent injunction and orders, by James Gibson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(RVB) Modified on 8/15/2013 (RVB).
August 12, 2013 Filing 370 MOTION for Lee Wm. Atkinson to withdraw as attorney for Defendants Beijing Rong Da Shun Da Trading Co., Ltd., Beijing Ryzur Axiom Medical Investment Co., Ltd., Anhui Ryzur Axiom Medical Equipment Co., Ltrd., HTRD Group Hong Kong Limited and David Ren by HTRD Group Hong Kong Limited. (Atkinson, Lee) Motions referred to Magistrate Judge Thomas B. McCoun III.
August 6, 2013 Opinion or Order Filing 369 ENDORSED ORDER granting Plaintiff's Unopposed Motion for Enlargement of Time #368. Plaintiff may file a motion seeking costs and fees on or before September 16, 2013. Signed by Judge Virginia M. Hernandez Covington on 8/6/2013. (LRM)
August 5, 2013 Filing 368 Unopposed MOTION to extend time to File Bill of Costs And Motion For Attorneys' Fees by Axiom Worldwide, Inc.. (Frick, Scott)
August 5, 2013 Filing 367 MOTION for Scott A. Frick, Esq. And the Frick Law Group, P.A. to withdraw as attorney by Axiom Worldwide, Inc.. (Frick, Scott) Motions referred to Magistrate Judge Thomas B. McCoun III.
August 1, 2013 Filing 366 JUDGMENT in favor of Axiom Worldwide, Inc. (Signed by Deputy Clerk) (RVB)
July 31, 2013 Opinion or Order Filing 365 ORDER: The stipulation between Axiom and Eltech #349 and the oral stipulation made at trial to amend the previously entered permanent injunction are ACCEPTED. Axiom's Motion for Default Judgment #331 is GRANTED as to Axiom's claims for misappropriation of trade secrets and intentional interference with business relationships against Excite Medical and Musallam and as to Axiom's claim for breach of confidentiality agreement against Musallam.Axiom's claim for fraud on the USPTO against Excite Medical and Musallam is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(2), Federal Rules of Civil Procedure. HTRD's oral motion to strike Plaintiff's exhibit 23 351 is DENIED AS MOOT. The Clerk is directed to enter judgment in favor of Axiom for the injunctive relief and damages as set forth herein. The Clerk is directed to furnish a certified copy of this Order to the U.S. Patent and Trademark Office. Signed by Judge Virginia M. Hernandez Covington on 7/31/2013. (MEB)
July 8, 2013 Filing 364 NOTICE of EXHIBITS placed in the Exhibit Room (1 Envelope-Evidentiary Hearing) (RVB)
June 27, 2013 Filing 363 PROPOSED findings of fact and conclusions of law by Anhui Ryzur Axiom Medical Equipment Co. Ltd., Beijing Rong Da Shun Da Trading Co., Ltd, Beijing Ryzur Axiom Medical Investment Co. Ltd., Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren. (Atkinson, Lee)
June 27, 2013 Filing 362 NOTICE of Filing PROPOSED ORDER by Axiom Worldwide, Inc. (Frick, Scott) Modified on 6/28/2013 to correct docket text to accurately reflect e-filed pleading (RVB).
June 24, 2013 Filing 361 STIPULATION by Anhui Ryzur Axiom Medical Equipment Co. Ltd., Axiom Worldwide, Inc., Beijing Rong Da Shun Da Trading Co., Ltd, Beijing Ryzur Axiom Medical Investment Co. Ltd., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren. (Atkinson, Lee)
June 17, 2013 Filing 360 NOTICE to counsel of filing of OFFICIAL TRANSCRIPTs. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of these transcripts. If no such Notice is filed, the transcripts may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Paul Spangler (PS)
June 17, 2013 Filing 359 TRANSCRIPT of Bench Trial Proceedings held on June 14, 2013 before Judge Virginia M. Hernandez-Covington. Court Reporter/Transcriber Paul K. Spangler,Telephone number 8133015898. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 7/8/2013, Redacted Transcript Deadline set for 7/18/2013, Release of Transcript Restriction set for 9/16/2013. (PS)
June 17, 2013 Filing 358 TRANSCRIPT of Bench Trial Proceedings held on June 13, 2014 before Judge Virginia M. Hernandez-Covington. Court Reporter/Transcriber Paul K. Spangler,Telephone number 8133015898. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 7/8/2013, Redacted Transcript Deadline set for 7/18/2013, Release of Transcript Restriction set for 9/16/2013. (PS)
June 17, 2013 Filing 357 NOTICE of EXHIBITS placed in the exhibit room (2 Folders-Bench Trial) (RVB)
June 14, 2013 Filing 356 DEFENDANTS' TRIAL Exhibit List. (LYB)
June 14, 2013 Filing 355 PLAINTIFF'S TRIAL Exhibit List (LYB)
June 14, 2013 Filing 354 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: BENCH TRIAL (DAY TWO) completed on 6/14/2013. Court Reporter: Paul Spangler (LYB) Modified on 6/17/2013 to correct spelling error (RVB).
June 13, 2013 Filing 353 NOTICE by Axiom Worldwide, Inc. Notice of Axiom's Election To Receive Statutory Damages Against Beijing Ryzur Axiom Medical Investment Co Ltd (Frick, Scott)
June 13, 2013 Filing 352 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: ruling deferred 351 Motion to Strike 351 MOTION to Strike ; BENCH TRIAL (DAY ONE) held on 6/13/2013. Court Reporter: Paul Spangler (LYB) (LYB).
June 13, 2013 Filing 351 ORAL MOTION to Strike by HTRD Group Hong Kong Limited. (LYB)
June 13, 2013 Filing 350 Exhibit List by Axiom Worldwide, Inc... (Frick, Scott)
June 13, 2013 Filing 349 STIPULATION Between Axiom Worldwide, Inc. And Eltech USA, LLC by Axiom Worldwide, Inc.. (Frick, Scott)
June 13, 2013 Filing 348 RESPONSE re #347 Notice (Other) (Defendants' Response to Axiom Worldwide's Notice of Election to Recover Statutory Damages) filed by Anhui Ryzur Axiom Medical Devices Ltd, Anhui Ryzur Axiom Medical Equipment Co. Ltd., Beijing Rong Da Shun Da Trading Co., Ltd, Beijing Ryzur Axiom Medical Investment Co. Ltd., Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
June 12, 2013 Filing 347 NOTICE by Axiom Worldwide, Inc. Notice of Axiom's Election To Receive Statutory Damages Against Beijing Rong Da Shun Da Trading Co, Ltd d/b/a Ryzur Medical, Anhui Ryzur Aziom Medical Equipment Co. Ltd, HTRD Group Hong Kong Ltd, David Ren and Saleem Musallam (Frick, Scott)
June 12, 2013 Opinion or Order Filing 346 ORDER: Pursuant to the parties' Joint Stipulation Between Axiom and HTRD Requesting the Court to Rule on the Claims of Fraud on the USPTO, Misappropriation and Intentional Interference Based Upon the Current Record Evidence #328, summary judgment is granted in favor of HTRD on Axiom Inc.'s claims against HTRD for fraud on the USPTO, misappropriation of trade secrets, and interference with business relationships. Signed by Judge Virginia M. Hernandez Covington on 6/12/2013. (MEB)
June 12, 2013 Filing 345 Exhibit List by Anhui Ryzur Axiom Medical Equipment Co. Ltd., Beijing Rong Da Shun Da Trading Co., Ltd, Beijing Ryzur Axiom Medical Investment Co. Ltd., Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren.. (Atkinson, Lee)
June 12, 2013 Filing 344 NOTICE by Excite Medical Corp., Saleem N. Musallam of Filing Assignment of Judgment Lien as to Plaintiff (Attachments: #1 Exhibit A, #2 Exhibit B)(Meyers, Dennis)
June 11, 2013 Opinion or Order Filing 343 ORDER: This case is dismissed without prejudice as to Defendants Corey Brownell and Harlon Parchment for failure to timely perfect service of process pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Virginia M. Hernandez Covington on 6/11/2013. (MEB)
June 11, 2013 Opinion or Order Filing 342 ORDER: Axiom Worldwide, Inc.'s Motion for Reconsideration of Order Denying Axiom's Motion for Summary Judgment Against Eltech and Granting Eltech Summary Judgment #330 is granted. The portion of the Court's summary judgment Order #317 granting summary judgment in favor of Eltech and against Axiom Inc. on Axiom Inc.'s trademark infringement, unfair competition, and copyright infringement claims against Eltech is hereby vacated. These claims will be decided at the bench trial in this case commencing on Thursday, June 13, 2013, at 2:00 P.M. in Courtroom 14B. Axiom Inc.'s Motion for Permission to File a Reply #334 is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 6/11/2013. (MEB)
June 11, 2013 Opinion or Order Filing 341 ORDER granting #336 Motion to allow electronic equipment. Signed by Judge Virginia M. Hernandez Covington on 6/11/2013. (LYB)
June 10, 2013 Filing 340 NOTICE of unavailability of counsel byAxiom Worldwide, Inc. from July 1, 2013 to July 15, 2013. (Frick, Scott)
June 10, 2013 Filing 339 NOTICE of unavailability of counsel byAxiom Worldwide, Inc. from July 1, 2013 to July 15, 2013. (Frick, Scott)
June 10, 2013 Filing 338 RESPONSE in Opposition re #331 Amended MOTION for default judgment against Excite Medical Corp. And Saleem Musallam In Compliance With the Court's Instructions In [Dkt. 316 and 327] and Incorporated Memorandum of Law filed by Excite Medical Corp., Saleem N. Musallam. (Atkinson, Lee)
June 10, 2013 Filing 337 NOTICE by Axiom Worldwide, Inc. re #334 MOTION for miscellaneous relief, specifically Permission To File A Reply To Eltech's Response [Dkt. 333] to Axiom's Motion For Reconsideration [Dkt. 330] Notice of Correction of Inadvertent Error (Frick, Scott)
June 10, 2013 Filing 336 MOTION to allow electronic equipment, specifically trial presentation equipment by Axiom Worldwide, Inc.. (Frick, Scott)
June 10, 2013 Filing 335 NOTICE by Axiom Worldwide, Inc. Notice To Excite Medical To Produce Documents At Trial (Frick, Scott)
June 7, 2013 Filing 334 MOTION for miscellaneous relief, specifically Permission To File A Reply To Eltech's Response [Dkt. 333] to Axiom's Motion For Reconsideration [Dkt. 330] by Axiom Worldwide, Inc.. (Frick, Scott)
June 7, 2013 Filing 333 RESPONSE in Opposition re #330 MOTION for Reconsideration re #317 Order on Motion for Judgment on the PleadingsOrder on motion for summary judgmentOrder on Motion for Miscellaneous Relief Axiom's Motion For Partial Reconsideration Regarding Rulings On Claims Against El filed by Eltech USA, LLC. (Atkinson, Lee)
June 6, 2013 Opinion or Order Filing 332 ENDORSED ORDER: In order to expedite resolution of Plaintiff Axiom Worldwide, Inc.'s Motion for Reconsideration #330, Defendant Eltech USA, LLC is directed to file its response by 9:00 A.M. on June 10, 2013. Signed by Judge Virginia M. Hernandez Covington on 6/6/2013. (MEB)
June 5, 2013 Filing 331 Amended MOTION for default judgment against Excite Medical Corp. And Saleem Musallam In Compliance With the Court's Instructions In [Dkt. 316 and 327] by Axiom Worldwide, Inc.. (Frick, Scott)
June 5, 2013 Filing 330 MOTION for Reconsideration re #317 Order on Motion for Judgment on the PleadingsOrder on motion for summary judgmentOrder on Motion for Miscellaneous Relief Axiom's Motion For Partial Reconsideration Regarding Rulings On Claims Against Eltech USA, LLC by Axiom Worldwide, Inc.. (Frick, Scott)
June 5, 2013 Filing 329 Amended MOTION for default judgment against Excite Medical Corp. And Saleem Musallam In Compliance With the Court's Instructions In [Dkt. 316 and 327]] by Axiom Worldwide, Inc.. (Frick, Scott)
June 5, 2013 Filing 328 STIPULATION re #317 Order on Motion for Judgment on the PleadingsOrder on motion for summary judgmentOrder on Motion for Miscellaneous Relief Joint Stipulation Between Axiom And HTRD Requesting The Court To Rule On Claims Against HTRD Based Upon The Current Record Evidence by Axiom Worldwide, Inc.. (Frick, Scott)
June 5, 2013 Opinion or Order Filing 327 ENDORSED ORDER: On June 1, 2013, the Court ordered Plaintiff Axiom Worldwide, Inc. to file a Motion for Default Judgment against Defendants Excite Medical Corp. and Saleem Musallam by June 5, 2013 #316, and specifically instructed Axiom Inc. to "outlin[e] in particular the well-pled allegations of fact in the Amended Complaint that have been established as fact and for which no further proof is necessary." Axiom Inc. filed a Motion for Default Judgment on June 4, 2013 #325; however, the motion does not comply with the Court's express instructions, but instead contains only broad and conclusory statements of law. Thus, Axiom Inc. is directed to file on or before June 5, 2013, an amended motion which complies with the Court's Order by listing the specific allegations of fact in the Amended Complaint which go to the specific elements required to establish the three remaining ancillary claims against Excite Medical and the four remaining ancillary claims against Musallam. Signed by Judge Virginia M. Hernandez Covington on 6/5/2013. (MEB)
June 5, 2013 Filing 326 NOTICE of unavailability of counsel byAnhui Ryzur Axiom Medical Devices Ltd, Anhui Ryzur Axiom Medical Equipment Co. Ltd., Beijing Rong Da Shun Da Trading Co., Ltd, Beijing Ryzur Axiom Medical Investment Co. Ltd., Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. from July 22, 2013 to July 25, 2013. (Atkinson, Lee)
June 4, 2013 Filing 325 MOTION for default judgment against Excite Medical Corp. And Saleem Musallam In Compliance With the Court's Instructions In [Dkt. 316] by Axiom Worldwide, Inc.. (Frick, Scott)
June 3, 2013 Filing 324 NOTICE of compliance re #322 Order on Motion for Reconsideration Axiom Worldwide, Inc.'s Notice of Compliance With Order Requiring Re-Filing of Affidavits of Costs And Attorneys' Fees To Be Awarded As Sanctions Against David Ren, HTRD and the Ryzur Defedants by Axiom Worldwide, Inc. (Frick, Scott)
June 3, 2013 Opinion or Order Filing 323 ENDORSED ORDER: Pursuant to the Court's June 1, 2013, Order #316, Excite Medical Corp. and Saleem Musallam's Motion for Summary Judgment #151 is hereby stricken. Furthermore, the following filings, filed jointly on behalf of all of the Defendants who have appeared, are hereby stricken as to Excite Medical Corp. and Musallam: #5 answer to the original complaint, #23 answer to the amended complaint, #29 motion for partial summary judgment, #156 response in opposition to Axiom Inc.'s summary judgment motion, #243 joint reply in support of the Defendants' summary judgment motions, and #250 joint pretrial statement. Because these documents were also filed on behalf of other non-defaulted parties, they will not be physically stricken from the record, but the parties are advised that the portions dealing with Excite Medical Corp. and Musallam are stricken. Signed by Judge Virginia M. Hernandez Covington on 6/3/2013. (MEB)
June 3, 2013 Opinion or Order Filing 322 ORDER: Plaintiff Axiom Worldwide, Inc.'s Motion for Partial Reconsideration #289 is GRANTED. Axiom Inc. is directed to re-file in one filing on or before June 5, 2013, all information and affidavits it wishes to be considered, for Judge McCoun's review and ultimate determination of the appropriate monetary sanctions to be awarded upon Axiom Inc.'s Renewed Motion for Sanctions. Signed by Judge Virginia M. Hernandez Covington on 6/3/2013. (MEB)
June 3, 2013 Filing 321 NOTICE by Axiom Worldwide, Inc. re #309 Notice (Other), #316 Order on Report and RecommendationsOrder on Motion for Sanctions Notice of Filing Affidavit of Ronald H. Trybus, Esq. In Support of Axiom Inc.'s Motion for Sanctions As to Reasonableness of Attorneys' Fees (Frick, Scott)
June 3, 2013 Filing 320 Clerk's ENTRY OF DEFAULT as to Excite Medical Corp., Saleem N. Musallam. (RVB)
June 3, 2013 Filing 319 NOTICE of hearing: Motion Hearing and Bench Trial set for 6/13/2013 at 2:00 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (LYB)
June 1, 2013 Opinion or Order Filing 318 ENDORSED ORDER granting #315 the parties' Joint Motion for Enlargement of Time to Designate Exhibits and File Exhibit Lists. The parties shall file their exhibit lists on or before June 13, 2013. Signed by Judge Virginia M. Hernandez Covington on 6/1/2013. (MEB)
June 1, 2013 Opinion or Order Filing 317 ORDER: Axiom Inc. is directed to show cause, in writing, on or before June 5, 2013, why this case should not be dismissed without prejudice as to Defendants Brownell and Parchment for failure to effect service of process in the time prescribed by Rule 4(m), Fed.R.Civ.P. Axiom Inc.'s Motion for Summary Judgment #146, Eltech USA, LLC's Motion for Summary Judgment #148, Andrew Deweerd's Motion for Summary Judgment #149, Excite Diagnostics, LLC's Motion for Summary Judgment #150, and David Ren and the Ryzur Defendants' Motion for Summary Judgment #152 are granted in part and denied in part as detailed herein. HTRD Group Hong Kong Limited's Motion for Summary Judgment #147 is denied. Axiom Inc.'s Motion for Judgment on the Pleadings #92 is denied as moot and Axiom Inc.'s Motion for Permission to Formally Designate Expert Witness Previously Identified and Expert Opinion That Was Filed With The Court On April 26, 2012 #249 is granted as unopposed. A bench trial will be held on Axiom Inc.'s remaining claims against HTRD, Axiom Inc.'s entitlement to a default judgment against Excite Medical and Musallam, and a determination of Axiom Inc.'s compensatory damages, if any, to be awarded against Defendants HTRD, Excite Medical, Musallam, Ren, and the Ryzur Defendants. The bench trial will commence on Thursday, June 13, 2013, at 2:00 P.M. in Courtroom 14B, and, if necessary, will continue on June 14, 2013, at 9:00 A.M. The Clerk is directed to furnish a certified copy of this Order to the U.S. Patent and Trademark Office. Signed by Judge Virginia M. Hernandez Covington on 6/1/2013. (MEB)
June 1, 2013 Opinion or Order Filing 316 ORDER: The Report and Recommendation of Thomas B. McCoun III, United States Magistrate Judge #305 is ACCEPTED AND ADOPTED. Plaintiff Axiom Worldwide, Inc.'s Motion for Sanctions #162 is GRANTED IN PART as follows: The pleadings of Defendants Excite Medical Corp. and Saleem N. Musallam are hereby STRICKEN and the Clerk is directed to enter a default against Defendants Excite Medical Corp. and Saleem N. Musallam on June 3, 2013. Axiom Inc.'s Motion for Sanctions #162 is DENIED as to Defendants Eltech USA, LLC and Andrew Deweerd. Axiom Inc. is directed to file a Motion for Default Judgment against Excite Medical and Musallam by June 5, 2013, outlining in particular the well-pled allegations of fact in the Amended Complaint that have been established as fact and for which no further proof is necessary. Excite Medical and Musallam are directed to file their response(s) to the Motion for Default Judgment by June 10, 2013. In accordance with Rule 55(b)(2), Fed. R. Civ. P., the Court will conduct a hearing on the Motion for Default Judgment on June 13, 2013, at 2:00 P.M. in Courtroom 14B in conjunction with the bench trial in this proceeding scheduled for the same date and time. Signed by Judge Virginia M. Hernandez Covington on 6/1/2013. (MEB)
June 1, 2013 Filing 315 Joint MOTION to extend time to Serve and File Final Exhibit Lists Joint Motion To Extend Time To Serve And File Final Exhibit Lists By All Parties by Axiom Worldwide, Inc.. (Frick, Scott)
May 31, 2013 Filing 314 RESPONSE to objections to #305 Report and Recommendations Axiom Inc.'s Response To The Defendants' Objections [Dkt. 311] To The Magistrate's Report And Recommendation [Dkt. 305] Regarding Axiom Inc.'s Motion For Sanctions [Dkt. 162] filed by Axiom Worldwide, Inc.. (Frick, Scott)
May 31, 2013 Filing 313 RESPONSE to objections to #305 Report and Recommendations filed by Anhui Ryzur Axiom Medical Devices Ltd, Anhui Ryzur Axiom Medical Equipment Co. Ltd., Beijing Rong Da Shun Da Trading Co., Ltd, Beijing Ryzur Axiom Medical Investment Co. Ltd., Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
May 29, 2013 Filing 312 OBJECTION re #305 REPORT AND RECOMMENDATIONS re #162 MOTION for sanctions filed by Axiom Worldwide, Inc. (Frick, Scott) Modified on 5/30/2013 to remove duplicate text (RVB).
May 29, 2013 Filing 311 OBJECTION to #305 Report and Recommendations filed by Excite Medical Corp., Saleem N. Musallam. (Atkinson, Lee) Modified on 5/30/2013 to correct docket text to accurately reflect e-filed pleading (wrong event code used)(RVB).
May 29, 2013 Opinion or Order Filing 310 ENDORSED ORDER: On May 25, 2013, Magistrate Judge McCoun entered a Report and Recommendation #305 in which he directed the parties to file any objections to the Report and Recommendation on or before 5:00 p.m. on May 29, 2013. In the event that an objection is filed, any response to such objection shall be filed on or before 3:00 p.m. on May 31, 2013. Furthermore, the Court will not grant leave for any party to file a reply to a response. Signed by Judge Virginia M. Hernandez Covington on 5/29/2013. (LRM)
May 28, 2013 Filing 309 NOTICE by Axiom Worldwide, Inc. re #305 REPORT AND RECOMMENDATIONS re #162 MOTION for sanctions filed by Axiom Worldwide, Inc.. Notice of filing Affidavit of Costs And Attorneys' Fees Related To Discovery Abuses of Excite Medical Corporation And Saleem Mussallam In Compliance With [Dkt. 305] (Frick, Scott)
May 28, 2013 Opinion or Order Filing 308 ENDORSED ORDER granting #306 the parties' Joint Motion for Enlargement of Time to Designate Exhibits and File Exhibit Lists. The parties shall file their exhibit lists on or before June 3, 2013. Signed by Judge Virginia M. Hernandez Covington on 5/28/2013. (MEB)
May 28, 2013 Filing 307 NOTICE by Axiom Worldwide, Inc. Notice To Eltech USA, LLC To Produce Documents At Trial (Frick, Scott)
May 28, 2013 Filing 306 Joint MOTION to extend time to Serve and File Final Exhibit Lists by All Parties. (Frick, Scott)
May 25, 2013 Filing 305 REPORT AND RECOMMENDATIONS re #162 MOTION for sanctions filed by Axiom Worldwide, Inc. Signed by Magistrate Judge Thomas B. McCoun III on 5/25/2013. (ATL)
May 24, 2013 Filing 304 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: MOTION HEARING held on 5/24/2013 re #162 MOTION for sanctions filed by Axiom Worldwide, Inc. (DIGITAL) (SRC)
May 23, 2013 Filing 303 NOTICE by Axiom Worldwide, Inc. re #280 Compliance notice, #162 MOTION for sanctions, #297 Notice (Other), 299 Notice of rescheduling hearing (time only) Notice of filing Supplemental Affidavits of Sabri Fattah and Golovina Tatiana In Support of Axiom Inc.'s Motion For Sanctions (Frick, Scott)
May 23, 2013 Opinion or Order Filing 302 ORDER granting #301 Motion to allow electronic equipment. Signed by Magistrate Judge Thomas B. McCoun III on 5/23/2013. (ATL)
May 22, 2013 Filing 301 MOTION to allow electronic equipment, specifically trial presentation equipment For May 24, 2013 Discovery Hearing by Axiom Worldwide, Inc.. (Frick, Scott)
May 22, 2013 Opinion or Order Filing 300 ENDORSED ORDER granting #296 Motion for Leave to Not Appear. Ms. Fernandes is directed to provide her phone number to counsel, should she need to be reached during the hearing. Signed by Magistrate Judge Thomas B. McCoun III on 5/22/2013. (ATL)
May 21, 2013 Filing 299 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The discovery hearing on 5/24/2013 at 1:00 PM is rescheduled. New hearing time: Discovery Hearing set for 5/24/2013 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. (ATL)
May 21, 2013 Filing 298 RESPONSE re #296 Notice (Other) Axiom Worldwide, Inc.'s Response To Excite Medical's Notice And Motion To Excuse Livia Fernandes From Attending The May 24, 2013 Hearing filed by Axiom Worldwide, Inc.. (Frick, Scott)
May 20, 2013 Filing 297 NOTICE by Excite Medical Corp. re #280 Compliance notice, 286 Notice of rescheduling hearing, #246 Order Setting Hearing on Motion, #279 Notice (Other) of Filing (Attachments: #1 Affidavit Conrad Affidavit, #2 Affidavit Saleem Affidavit, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E-1, #8 Exhibit Exhibit E-2, #9 Exhibit Exhibit E-3, #10 Exhibit Exhibit E-4, #11 Exhibit Exhibit E-5, #12 Exhibit Exhibit E-6)(Meyers, Dennis)
May 20, 2013 Filing 296 NOTICE by Excite Medical Corp. re 286 Notice of rescheduling hearing of Unavailability of Livia Fernandes and MOTION for Leave to not Attend Hearing (Attachments: #1 Exhibit Doctors Note)(Meyers, Dennis) Modified on 5/21/2013 to correct docket text to accurately reflect e-filed pleading (RVB).
May 17, 2013 Filing 295 TRIAL CALENDAR for trial term June 2013. If this case is not heard during the May 2013 trial term, this case will be tried during the month of June, 2013. Bench Trial set for 6/3/2013 before Judge Virginia M. Hernandez Covington. Signed by Judge Virginia M. Hernandez Covington on 5/17/2013. (LYB)
May 17, 2013 Filing 294 RESPONSE to Motion re #289 MOTION for Reconsideration re #287 Order on Motion for SanctionsOrder on Report and Recommendations filed by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
May 17, 2013 Opinion or Order Filing 293 ENDORSED ORDER: The parties' Joint Motion for Enlargement of Time to Designate Exhibits and File Exhibit Lists #291 is granted. The parties shall so designate their exhibits and file their exhibit lists on or before May 28, 2013. The parties' Joint Motion for Order Amending Pleadings to Designate Correct Legal Names of the Ryzur Defendants #292 is granted. The Clerk is directed to amend on the docket the name of Defendant Ryzur Medical Group to Beijing Rong Da Shun Da Trading Co., Ltd d/b/a Ryzur Medical, the name of Defendant Ryzur Medical Investment Co. Ltd to Beijing Ryzur Axiom Medical Investment Co. Ltd., the name of Defendant Anhui Ryzur Axiom Medical Devices Ltd to Anhui Ryzur Axiom Medical Equipment Co. Ltd. and to terminate Defendant Ryzur Medical, Inc. Finally, the Defendants are directed to file an expedited response to Axiom Inc.'s Motion for Partial Reconsideration #289 on or before May 22, 2013. Signed by Judge Virginia M. Hernandez Covington on 5/17/2013. (MEB)
May 16, 2013 Filing 292 Joint MOTION for miscellaneous relief, specifically Correct Pleadings To Indicate Correct Legal Names of The Ryzur Defendants by All Parties. (Frick, Scott)
May 16, 2013 Filing 291 Joint MOTION to extend time to Serve and File Final Exhibit Lists by All Parties. (Frick, Scott)
May 16, 2013 Filing 290 NOTICE by Axiom Worldwide, Inc. re #289 MOTION for Reconsideration re #287 Order on Motion for SanctionsOrder on Report and Recommendations Notice of Filing Affidavit of Ronald H. Trybus, Esq. (Frick, Scott)
May 16, 2013 Filing 289 MOTION for Reconsideration re #287 Order on Motion for SanctionsOrder on Report and Recommendations by Axiom Worldwide, Inc.. (Frick, Scott)
May 16, 2013 Opinion or Order Filing 288 ORDER directing Excite Medical Corp., Saleem N. Musallam to respond to #276 Plaintiff's Report, #279 Affidavit of Sabre Fatah, and #280 Plaintiff's Supplemental Report. Responses due by 5/21/2013, close of business. Signed by Magistrate Judge Thomas B. McCoun III on 5/16/2013. (ATL)
May 15, 2013 Opinion or Order Filing 287 ORDER: The Report and Recommendation of Thomas B. McCoun III, United States Magistrate Judge #268 is ACCEPTED AND ADOPTED. Plaintiff Axiom Worldwide, Inc.'s Renewed Motion for Sanctions #212 is GRANTED IN PART as detailed herein. Signed by Judge Virginia M. Hernandez Covington on 5/15/2013. (MEB)
May 15, 2013 Filing 286 NOTICE OF RESCHEDULING HEARING: The discovery hearing previously scheduled for 5/30/13 is rescheduled. New scheduling date and time: Discovery Hearing set for 5/24/2013 at 01:00 PM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. The attendance of Mr. Saleem Musallam and Ms. Livia Fernandes are required at the hearing. (ATL) The attendance of Mr. Andrew Deweerd is also required at the hearing. Modified on 5/16/2013 (ATL).
May 14, 2013 Filing 285 AMENDED NOTICE of hearing re: #162 MOTION for sanctions, #273 Declaration, #276 Compliance notice, #279 Notice (Other), #280 Compliance notice. Discovery Hearing set for 5/30/2013 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. The attendance of Mr. Saleem Musallam and Ms. Livia Fernandes are required at the hearing. (ATL)
May 13, 2013 Filing 284 NOTICE of hearing re: #162 MOTION for sanctions, #273 Declaration, #276 Compliance notice, #279 Notice (Other), #280 Compliance notice. Discovery Hearing set for 5/30/2013 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. (ATL)
May 13, 2013 Filing 283 AMENDED Cross-Designations re #250 Pretrial statement by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. (Atkinson, Lee) Modified on 5/14/2013 to correct docket text to accurately reflect e-filed pleading (RVB).
May 10, 2013 Opinion or Order Filing 282 ENDORSED ORDER granting #278 Motion to extend time. Signed by Judge Virginia M. Hernandez Covington on 5/10/2013. (Covington, Virginia)
May 10, 2013 Filing 281 NOTICE by Axiom Worldwide, Inc. re 265 Order on motion to extend time, #250 Pretrial statement Notice of Filing Additional And Modified Deposition Designations (Frick, Scott)
May 9, 2013 Filing 280 NOTICE of compliance re #273 Declaration, #276 Compliance notice, #162 MOTION for sanctions Supplemental Report Regarding Excite Medical's Willful Refusal To Comply With the Court's Discovery Orders by Axiom Worldwide, Inc. (Frick, Scott)
May 9, 2013 Filing 279 NOTICE by Axiom Worldwide, Inc. re #146 Amended MOTION for summary judgment Amending Prior Filings To Assert All Issues In A Single Motion as required by Dkt. 25, #276 Compliance notice, #152 MOTION for summary judgment and Incorporated Memorandum of Law, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #151 MOTION for summary judgment and Incorporated Memorandum of Law, #274 Objection, #162 MOTION for sanctions, #150 MOTION for summary judgment and Incorporated Memorandum of Law Notice of Filing Affidavit Of Sabre Fattah As Newly Discovered Evidence (Frick, Scott)
May 9, 2013 Filing 278 Joint MOTION to extend time to Serve and File Final Exhibit Lists by All Parties. (Frick, Scott)
May 7, 2013 Filing 277 RESPONSE to objections to #268 Report and Recommendations (Defendants' Response to Axiom Worldwide, Inc.'s Objections to the Magistrate's Report and Recommendations Regarding Axiom's Renewed Motion for Sanctions (Dkt. 274)) filed by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
May 6, 2013 Filing 276 NOTICE of compliance re #273 Declaration, #261 Evidentiary Hearing Axiom Worldwide, Inc.'s Notice of Compliance With Court Instruction To File Report Regarding Excite Medical's Review of Documents by Axiom Worldwide, Inc. (Frick, Scott)
May 6, 2013 Filing 275 NOTICE by Axiom Worldwide, Inc. re #228 Response in Opposition to Motion, #152 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #150 MOTION for summary judgment and Incorporated Memorandum of Law, #230 Response in Opposition to Motion, #229 Response in Opposition to Motion, #146 Amended MOTION for summary judgment Amending Prior Filings To Assert All Issues In A Single Motion as required by Dkt. 25, #226 Response in Opposition to Motion, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #224 Response in Opposition to Motion, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #151 MOTION for summary judgment and Incorporated Memorandum of Law, #160 Reply to Response to Motion, #231 Response in Opposition to Motion (Attachments: #1 Main Document Transcript, #2 Exhibit Exhibit 155, #3 Exhibit Exhibit 156, #4 Exhibit Exhibit 206, #5 Exhibit Exhibit 207, #6 Exhibit Exhibit 208, #7 Exhibit Exhibit 209, #8 Exhibit Exhibit 210, #9 Exhibit Exhibit 211, #10 Exhibit Exhbit 212, #11 Exhibit Exhibit 213, #12 Exhibit Exhibit 214, #13 Exhibit Exhibit 215, #14 Exhibit Exhibit 216)(Frick, Scott)
May 3, 2013 Filing 274 OBJECTION re #268 REPORT AND RECOMMENDATIONS re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants filed by Axiom Worldwide, Inc.. Axiom Worldwide, Inc.'s Objections To Report And Recommendation Regarding Axiom's Renewed Motion For Sanctions Againts David Ren, HTRD And The Ryzur Defendants. (Frick, Scott)
May 3, 2013 Filing 273 DECLARATION of SALEEM MUSALLAM re #261 Evidentiary Hearing by Excite Medical Corp., Saleem N. Musallam. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2-A, #3 Exhibit Exhibit 2-B)(Meyers, Dennis)
April 29, 2013 Filing 272 NOTICE by Axiom Worldwide, Inc. re #250 Pretrial statement Notice of Error In Joint Pretrial Statement (Frick, Scott)
April 29, 2013 Filing 271 NOTICE by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. (Notice to Axiom Worldwide, Inc. to Produce at Trial) (Atkinson, Lee)
April 29, 2013 Opinion or Order Filing 270 ENDORSED ORDER: In order to expedite resolution of the pending dispositive motions, any party wishing to file objections to the April 26, 2013, Report and Recommendation of the Honorable Thomas B. McCoun III #268 shall file such objections on or before May 6, 2013, and all responses to any filed objections shall be filed on or before May 10, 2013. Signed by Judge Virginia M. Hernandez Covington on 4/29/2013. (MEB)
April 26, 2013 Opinion or Order Filing 269 ENDORSED ORDER denying #220 Motion for Leave to File Reply, pursuant to #268 Report and Recommendation at footnote 1. Signed by Magistrate Judge Thomas B. McCoun III on 4/26/2013. (ATL)
April 26, 2013 Filing 268 REPORT AND RECOMMENDATIONS re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants filed by Axiom Worldwide, Inc. Signed by Magistrate Judge Thomas B. McCoun III on 4/26/2013. (ATL)
April 24, 2013 Filing 267 TRIAL CALENDAR for trial term May, 2013: Bench Trial set for trial term commencing 5/6/2013 before Judge Virginia M. Hernandez Covington. Signed by Judge Virginia M. Hernandez Covington on 4/24/2013. (LYB) Modified trial term language on 4/25/2013 (LYB).
April 24, 2013 Filing 266 NOTICE by Axiom Worldwide, Inc. re #261 Evidentiary Hearing, #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #221 Discovery Hearing, #162 MOTION for sanctions Notice of Updated Costs And Fees Associated With Defendants' Discovery Abuses (Frick, Scott)
April 24, 2013 Opinion or Order Filing 265 ENDORSED ORDER granting #264 Motion to extend time. Signed by Judge Virginia M. Hernandez Covington on 4/24/2013. (Covington, Virginia)
April 23, 2013 Filing 264 Joint MOTION to extend time to Serve And File Designations Of Deposition Excerpts And Final Exhibit Lists by All Parties. (Frick, Scott)
April 23, 2013 Filing 263 NOTICE of withdrawal of motion by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. re #247 MOTION in limine to Exclude Expert Testimony and Incorporated Memorandum of Law regarding expert testimony filed by Excite Medical Corp., Andrew Deweerd, Ryzur Medical Investment Co., LTD, Excite Diagnostics, LLC, HTRD Group Hong Kong Limited, Ryzur Medical, Inc., Eltech USA, LLC, David Ren, Saleem N. Musallam, Anhui Ryzur Axiom Medical Devices Ltd, Ryzur Medical Group (Atkinson, Lee)
April 19, 2013 Filing 262 Exhibit List by Axiom Worldwide, Inc. (SRC)
April 19, 2013 Filing 261 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Evidentiary Hearing held on 4/19/2013. (DIGITAL) (SRC)
April 18, 2013 Filing 260 AMENDED Notice by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. Amendment to #259 Notice (Other) of Filing Sworn Declaration of Bartley Herrington in Support of Defendants' Response to Axiom's Renewed Motion for Sanctions. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Atkinson, Lee) Modified on 4/18/2013 (RVB).
April 18, 2013 Filing 259 ***TERMINATED, AMENDED DOCUMENT FILED at #260***NOTICE by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. re #215 Response in Opposition to Motion - Notice of Filing Sworn Declaration of Bartley Herrington in Support of Defendants' Response to Axiom's Renewed Motion for Sanctions (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Atkinson, Lee) Modified on 4/18/2013 (RVB).
April 18, 2013 Filing 258 NOTICE by Axiom Worldwide, Inc. re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #162 MOTION for sanctions, #246 Order Setting Hearing on Motion Notice of Filing Depositions of Andrew DeWeerd And Saleem Mussallam Taken In Related State Court Case (Attachments: #1 Main Document Deposition of Andrew DeWeerd, #2 Main Document Deposition of Saleem Mussallam)(Frick, Scott)
April 17, 2013 Filing 257 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Bill Jones (HWJ)
April 17, 2013 Filing 256 TRANSCRIPT of Motion Hearing held on 03-25-13 before Judge Thomas B. McCoun, III. Court Reporter/Transcriber Bill Jones,Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 5/8/2013, Redacted Transcript Deadline set for 5/20/2013, Release of Transcript Restriction set for 7/16/2013. (HWJ)
April 17, 2013 Filing 255 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Bill Jones (HWJ)
April 17, 2013 Filing 254 TRANSCRIPT of Motion Hearing held on 01-17-13 before Judge Thomas B. McCoun, III. Court Reporter/Transcriber Bill Jones,Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 5/8/2013, Redacted Transcript Deadline set for 5/20/2013, Release of Transcript Restriction set for 7/16/2013. (HWJ)
April 16, 2013 Opinion or Order Filing 253 ORDER granting #252 Motion to allow electronic equipment. See Order for details. Signed by Magistrate Judge Thomas B. McCoun III on 4/16/2013. (ATL)
April 16, 2013 Filing 252 MOTION to allow electronic equipment, specifically trial presentation equipment For April 19, 2013 Hearing [Dkt. 246] by Axiom Worldwide, Inc.. (Frick, Scott)
April 16, 2013 Filing 251 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: granting #248 Motion to extend time through April 26, 2013 to designate depositions for trial and submit final exhibit list; FINAL PRETRIAL CONFERENCE held on 4/16/2013. Court Reporter: Paul Spangler (LYB)
April 15, 2013 Filing 250 PRETRIAL statement by Anhui Ryzur Axiom Medical Devices Ltd, Axiom Worldwide, Inc., Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Attachments: #1 Exhibit Plaintiff's Exhibit List, #2 Exhibit Defendants' Exhibit List, #3 Exhibit Plaintiff's Witness List, #4 Exhibit Defendants' Witness List)(Atkinson, Lee)
April 14, 2013 Filing 249 MOTION for miscellaneous relief, specifically Formally Designate Previously Disclosed Expert Witness And Opinions by Axiom Worldwide, Inc.. (Frick, Scott)
April 14, 2013 Filing 248 Unopposed MOTION to extend time to Designate Depositions For Trial And To Submit Final Exhibit List by Axiom Worldwide, Inc.. (Frick, Scott)
April 12, 2013 Filing 247 MOTION in limine to Exclude Expert Testimony and Incorporated Memorandum of Law regarding expert testimony by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
April 11, 2013 Opinion or Order Filing 246 ORDER Setting Hearing on Motion #162 MOTION for sanctions: Motion Hearing set for 4/19/2013 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Signed by Magistrate Judge Thomas B. McCoun III on 4/11/2013. (ATL)
April 8, 2013 Opinion or Order Filing 245 ENDORSED ORDER granting Joint Motion for Extension of Time to File Pretrial Statement. #244. The Pretrial Statement shall be filed on or before April 15, 2013. Signed by Judge Virginia M. Hernandez Covington on 4/8/2013. (LRM)
April 5, 2013 Filing 244 Joint MOTION for Extension of Time to File Pretrial Statement on April 15, 2013 by Anhui Ryzur Axiom Medical Devices Ltd, Axiom Worldwide, Inc., Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
April 4, 2013 Filing 243 Joint REPLY to Response to Motion re #147 MOTION for summary judgment and Incorporated Memorandum of Law, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #150 MOTION for summary judgment and Incorporated Memorandum of Law, #151 MOTION for summary judgment and Incorporated Memorandum of Law, #152 MOTION for summary judgment and Incorporated Memorandum of Law, filed by Anhui Ryzur Axiom Medical Devices Ltd, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee) Modified on 4/5/2013 to correct docket text to accurately reflect e-filed pleading (Wrong event code used and document links corrected)(RVB).
April 4, 2013 Filing 242 NOTICE by Saleem N. Musallam, Excite Medical Corp re #215 Response in Opposition to Motion of Filing Sworn Declaration (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, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Meyers, Dennis) Modified on 4/5/2013 to add filer(RVB).
April 4, 2013 Filing 241 NOTICE by Andrew Deweerd of Filing Sworn Declaration in support of #215 Response in Opposition re #212 Motion for Sanctions (Meyers, Dennis) Modified on 4/5/2013 to add document link (RVB).
April 3, 2013 Opinion or Order Filing 240 ORDER re #209 Notice of Submitting Written Questions and Exhibits for Deposition of Lee Wm. Atkinson. Signed by Magistrate Judge Thomas B. McCoun III on 4/3/2013. (ATL)
April 2, 2013 Opinion or Order Filing 239 ENDORSED ORDER: Defendants' motions for leave to file reply memorandums #233, #234, #235, #236, #237 are granted to the extent that Defendants may jointly file a single reply for all Defendants, of no more than fifteen pages, on or before April 4, 2013. The Court acknowledges that the requests to file reply memorandums are opposed; nevertheless, the Court determines that a reply memorandum will assist the Court in assessing the merits of the underlying motion. Signed by Judge Virginia M. Hernandez Covington on 4/2/2013. (LRM)
April 1, 2013 Filing 238 NOTICE by Axiom Worldwide, Inc. re #152 MOTION for summary judgment and Incorporated Memorandum of Law, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #151 MOTION for summary judgment and Incorporated Memorandum of Law, #162 MOTION for sanctions, #150 MOTION for summary judgment and Incorporated Memorandum of Law Notice of Filing Additional Affidavit of James Gibson Regarding Information Revealed by Review of Excite Medical's Quickbooks Files (Frick, Scott)
April 1, 2013 Filing 237 MOTION for leave to file a Reply to Axiom, Inc.'s Response in Opposition to Their Motion for Summary Judgment (Dkt. 231) by Anhui Ryzur Axiom Medical Devices Ltd, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
April 1, 2013 Filing 236 MOTION for leave to file a Reply to Axiom, Inc.'s Response in Opposition to Eltech's Motion for Summary Judgment (Dkt. 228) by Eltech USA, LLC. (Atkinson, Lee)
April 1, 2013 Filing 235 MOTION for leave to file a Reply to Axiom, Inc.'s Response in Opposition to Their Motion for Summary Judgment (Dkt. 230) by Excite Medical Corp., Saleem N. Musallam. (Atkinson, Lee)
April 1, 2013 Filing 234 MOTION for leave to file a Reply to Axiom, Inc.'s Response in Opposition to DeWeerd's Motion for Summary Judgment (Dkt. 226) by Andrew Deweerd. (Atkinson, Lee)
April 1, 2013 Filing 233 MOTION for leave to file a Reply to Axiom, Inc.'s Response in Opposition to HTRD's Motion for Summary Judgment (Dkt. 224) by HTRD Group Hong Kong Limited. (Atkinson, Lee)
March 29, 2013 Filing 232 NOTICE by Axiom Worldwide, Inc. re #222 Notice (Other), #152 MOTION for summary judgment and Incorporated Memorandum of Law, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #151 MOTION for summary judgment and Incorporated Memorandum of Law, #162 MOTION for sanctions, #150 MOTION for summary judgment and Incorporated Memorandum of Law Notice of filing Supplemental Affidavit of James Gibson Regarding Excite Medical's Faiure To Produce All Of Its Quickbooks Files (Frick, Scott)
March 29, 2013 Filing 231 RESPONSE in Opposition re #152 MOTION for summary judgment and Incorporated Memorandum of Law filed by Axiom Worldwide, Inc.. (Frick, Scott)
March 29, 2013 Filing 230 RESPONSE in Opposition re #151 MOTION for summary judgment and Incorporated Memorandum of Law filed by Axiom Worldwide, Inc.. (Frick, Scott)
March 29, 2013 Filing 229 RESPONSE in Opposition re #150 MOTION for summary judgment and Incorporated Memorandum of Law filed by Axiom Worldwide, Inc.. (Frick, Scott)
March 29, 2013 Filing 228 RESPONSE in Opposition re #148 MOTION for summary judgment and Incorporated Memorandum of Law filed by Axiom Worldwide, Inc.. (Frick, Scott)
March 29, 2013 Filing 227 NOTICE by Axiom Worldwide, Inc. re #152 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #162 MOTION for sanctions, #150 MOTION for summary judgment and Incorporated Memorandum of Law Notice of Filing Affidavit of James Gibson Regarding Contents of Excite Medical's Quickbooks Files (Frick, Scott)
March 28, 2013 Filing 226 RESPONSE in Opposition re #149 MOTION for summary judgment and Incorporated Memorandum of Law filed by Axiom Worldwide, Inc.. (Frick, Scott)
March 28, 2013 Filing 225 NOTICE of filing additional Affidavit of James Gibson by Axiom Worldwide, Inc. re #162 MOTION for sanctions, #204 Notice of filing, #205 Reply to Response to Motion and #212 RENEWED MOTION for sanctions Against David Ren, HTRD and the Ryzur Defendants. (Frick, Scott) Modified on 3/29/2013 to edit text (AG).
March 28, 2013 Filing 224 RESPONSE in Opposition re #147 MOTION for summary judgment and Incorporated Memorandum of Law filed by Axiom Worldwide, Inc.. (Frick, Scott)
March 27, 2013 Filing 223 NOTICE by Axiom Worldwide, Inc. re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #162 MOTION for sanctions Notice of Filing Affidavit of Tatiana Regarding Eltech's Sale of New Machines (Frick, Scott)
March 27, 2013 Filing 222 NOTICE by Excite Medical Corp. of Filing Quickbooks for 2010-2013 (Meyers, Dennis)
March 25, 2013 Filing 221 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Discovery/Motion Hearing held on 3/25/2013. (DIGITAL) (SRC)
March 22, 2013 Filing 220 MOTION for leave to file Reply Brief To Defendants' Respone [Dkt. 215; 217] to Axiom Worldwide, Inc.'s Renewed Motion For Sanctions [Dkt. 212] by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit A)(Frick, Scott)
March 22, 2013 Filing 219 NOTICE by Axiom Worldwide, Inc. re #215 Response in Opposition to Motion, #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #217 Notice (Other), #162 MOTION for sanctions Notice of Filing Affidavit of James Gibson (Frick, Scott)
March 22, 2013 Filing 218 NOTICE by Axiom Worldwide, Inc. re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #162 MOTION for sanctions Notice of Filing Additional Documents Supporting Axiom Inc.'s Motions For Sanctions (Attachments: #1 Exhibit A, #2 Exhibit B)(Frick, Scott)
March 22, 2013 Filing 217 NOTICE by Excite Medical Corp., Saleem N. Musallam re #215 Response in Opposition to Motion Notice of Filing Documents in Support of Defendants' Response in Opposition to Axiom's Renewed Motion for Sanctions (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit deposition excerpts)(Atkinson, Lee)
March 22, 2013 Filing 216 NOTICE by Axiom Worldwide, Inc. re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants Notice of Filing Addtional Documents Defendants and Their Attorneys Failed To Produce (Attachments: #1 Main Document Email Chain)(Frick, Scott)
March 22, 2013 Filing 215 RESPONSE in Opposition re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants filed by Anhui Ryzur Axiom Medical Devices Ltd, HTRD Group Hong Kong Limited, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD. (Atkinson, Lee)
March 19, 2013 Filing 214 NOTICE by Axiom Worldwide, Inc. re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, #162 MOTION for sanctions, #213 Request for oral argument Axiom Worldwide, Inc.'s Notice of Calculations of Additional Costs Incurred Due To Defendants' Discovery Abuses (Frick, Scott)
March 18, 2013 Filing 213 REQUEST for oral argument re #212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants, 208 Notice of rescheduling hearing by Axiom Worldwide, Inc.. (Frick, Scott)
March 18, 2013 Filing 212 MOTION for sanctions Axiom Worldwide' Inc.'s Renewed Motion For Sanctions Against David Ren, HTRD and the Ryzur Defendants by Axiom Worldwide, Inc.. (Frick, Scott)
March 14, 2013 Filing 211 RESPONSE re #210 Objection Axiom Inc.'s Response To Defendants' Objections To Written Questions For Depositon of Lee Wm. Atkinson filed by Axiom Worldwide, Inc.. (Frick, Scott)
March 14, 2013 Filing 210 OBJECTION re #209 Notice (Other) of Defendants' to Certain Written Questions to be Proposed to Their Trial Counsel, Lee Wm. Atkinson (Doc. 209). (Atkinson, Lee)
March 13, 2013 Filing 209 NOTICE by Axiom Worldwide, Inc. re 206 Order on motion to extend time Notice of Submitting Written Questions and Exhibits For Deposition of Lee Wm. Atkinson (Attachments: #1 Written Deposition Questions, #2 Exhibit 22, #3 Exhibit 33, #4 Exhibit 113, #5 Exhibit 119, #6 Exhibit 120, #7 Exhibit 137, #8 Exhibit 143, #9 Exhibit 155, #10 Exhibit 156, #11 Exhibit 164, #12 Exhibit 178, #13 Exhibit 181C, #14 Exhibit 190, #15 Exhibit 191A, #16 Exhibit 192, #17 Exhibit 193, #18 Exhibit 206, #19 Exhibit 207, #20 Exhibit 208, #21 Exhibit 209, #22 Exhibit 210, #23 Exhibit 211, #24 Exhibit 212, #25 Exhibit 213, #26 Exhibit 214, #27 Exhibit 215, #28 Exhibit 216, #29 Exhibit 217)(Frick, Scott)
March 11, 2013 Filing 208 NOTICE OF RESCHEDULING HEARING: The discovery hearing set for 3/22/13 is rescheduled. New scheduling date and time: Discovery Hearing set for 3/25/2013 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Any counsel who wish to appear by telephone shall notify chambers (813-301-5550), at least one day prior to the hearing. On the date/time specified for the hearing, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key.(ATL)
March 8, 2013 Filing 207 NOTICE of hearing: Discovery Hearing set for 3/22/2013 at 10:00 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Any counsel who wish to appear by telephone shall notify chambers (813-301-5550), at least one day prior to the hearing. On the date/time specified for the hearing, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (ATL)
March 8, 2013 Opinion or Order Filing 206 ENDORSED ORDER granting in part #202 Plaintiff's Unopposed Motion for Enlargement of Time. First, Plaintiff's request for an extension of time to file its reply brief in support of its motion for sanctions is denied as moot given that Plaintiff already filed its reply brief #205 by the March 7, 2013, deadline. Regarding Plaintiff's deadline to submit written questions for the deposition of Defendants' counsel, the Court finds that the requested extension is excessive given that Plaintiff has had since January 22, 2013, to formulate these questions and that several extensions of this deadline have already been given. However, so that Plaintiff's counsel may have time to pay his respects to his friend, the Court will allow a brief extension of time, until March 13, 2013, to submit such questions. Finally, Plaintiff's request for an extension of time until March 29, 2013, to respond to the Defendants' summary judgment motions is granted. However, this extension puts the Court in a very difficult position by allowing only two weeks to rule on the pending dispositive motions before the April 16, 2013, pretrial conference. Thus, no further deadline extensions will be granted. Signed by Judge Virginia M. Hernandez Covington on 3/8/2013. (MEB)
March 7, 2013 Filing 205 REPLY to Response to Motion re #162 MOTION for sanctions Axiom Inc.'s Reply to Defendants' Supplemental Response [Dkt. 186] to Axiom Inc.'s Motion for Sanctions filed by Axiom Worldwide, Inc.. (Frick, Scott)
March 7, 2013 Filing 204 NOTICE by Axiom Worldwide, Inc. re #186 Response in Opposition to Motion, 196 Order on Motion for Miscellaneous Relief, #162 MOTION for sanctions, #187 Notice (Other) Notice of Filing Affidavit of James Gibson (Attachments: #1 Affidavit of James Gibson)(Frick, Scott)
March 7, 2013 Filing 203 ***TERMINATED, Attorney re-filed document again at #204*** NOTICE by Axiom Worldwide, Inc. re #162 MOTION for sanctions Reply To Defendants' Supplemental Response To Axiom Inc.'s Motion For Sanctions (Attachments: #1 Affidavit of James Gibson)(Frick, Scott) Modified on 3/8/2013 to correct docket text to accurately reflect e-filed pleading (RVB). Modified on 3/8/2013 (RVB).
March 7, 2013 Filing 202 Unopposed MOTION to extend time to File Axiom's Reply Brief, To Submit Written Questions For The Deposition of Lee Wm. Atkinson and to File Responses To Defendants' Motions For Summary Judgment by Axiom Worldwide, Inc.. (Frick, Scott)
March 5, 2013 Filing 201 NOTICE by Axiom Worldwide, Inc. re #199 Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 185, #2 Exhibit 186, #3 Exhibit 189, #4 Exhibit 190, #5 Exhibit 191, #6 Exhibit 191A, #7 Exhibit 192, #8 Exhibit 193, #9 Exhibit 200, #10 Exhibit 201, #11 Exhibit 202, #12 Exhibit 204, #13 Exhibit 205)(Frick, Scott)
March 5, 2013 Filing 200 NOTICE by Axiom Worldwide, Inc. re #199 Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 134A, #2 Exhibit 179, #3 Exhibit 180, #4 Exhibit 181, #5 Exhibit 181A, #6 Exhibit 181B, #7 Exhibit 181C, #8 Exhibit 182, #9 Exhibit 183, #10 Exhibit 184, #11 Exhibit 184A)(Frick, Scott)
March 4, 2013 Filing 199 NOTICE by Axiom Worldwide, Inc. re #146 Amended MOTION for summary judgment Amending Prior Filings To Assert All Issues In A Single Motion as required by Dkt. 25, #183 Order on Motion for SanctionsOrder on Motion for Protective Order, #162 MOTION for sanctions Notice of Filing Deposition of David Ren (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Frick, Scott)
February 28, 2013 Opinion or Order Filing 198 ENDORSED ORDER granting #195 Plaintiff's Unopposed Motion for Enlargement of Time to Submit Written Questions for the Deposition of Lee Wm. Atkinson. Plaintiff has until and including March 8, 2013, to submit its written questions to Judge McCoun for the deposition of Lee Wm. Atkinson. Signed by Judge Virginia M. Hernandez Covington on 2/28/2013. (MEB)
February 28, 2013 Filing 197 NOTICE by Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. of Unavailability (Atkinson, Lee)
February 28, 2013 Opinion or Order Filing 196 ENDORSED ORDER granting #190 Motion for Permission to File a Reply. Signed by Magistrate Judge Thomas B. McCoun III on 2/28/2013. Plaintiff's reply is due within seven (7) days of this Order. (ATL)
February 27, 2013 Filing 195 Unopposed MOTION to extend time to Submit Written Questions To Magistrate Regarding Deposition Of Lee Wm. Atkinson by Axiom Worldwide, Inc.. (Frick, Scott)
February 13, 2013 Opinion or Order Filing 194 ENDORSED ORDER granting #193 Unopposed Motion for Enlargement of Time to Submit Written Questions for the Deposition of Lee Wm. Atkinson. Axiom has until and including February 27, 2013, to submit the questions. Signed by Judge Virginia M. Hernandez Covington on 2/13/2013. (CH)
February 12, 2013 Filing 193 Unopposed MOTION to extend time to Submit Written Questions To Magistrate Regarding Deposition Of Lee Wm. Atkinson by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit A)(Frick, Scott)
February 5, 2013 Filing 192 NOTICE by Axiom Worldwide, Inc. re #162 MOTION for sanctions notice of Filing Calculation of Cost And Fees Incurred Due To Defendants' Discovery Abuses (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Frick, Scott)
February 5, 2013 Filing 191 NOTICE by Axiom Worldwide, Inc. re #146 Amended MOTION for summary judgment Amending Prior Filings To Assert All Issues In A Single Motion as required by Dkt. 25, #160 Reply to Response to Motion Notice of Filing Sworn Declaration of Lee Jing (Attachments: #1 Affidavit Affidavit of Lee Jing)(Frick, Scott)
February 5, 2013 Filing 190 Unopposed MOTION for miscellaneous relief, specifically Permission To File A Reply To The Supplemental Response [Dkt. 186-187] To Axiom Inc.'s Motion For Sanctions [Dkt. 162], or Alternatively, MOTION for an Evidentiary Hearing re #186 Response in Opposition to Motion, #162 MOTION for sanctions, #187 Notice (Other) by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frick, Scott)
February 4, 2013 Filing 189 ***TERMINATED, Attorney needs to re-file selecting both reliefs*** Unopposed MOTION for miscellaneous relief, specifically Permission To File A Reply To The Supplemental Response [Dkt. 186-187] To Axiom Inc.'s Motion For Sanctions [Dkt. 162], or Alternatively, For An Evidentiary Hearing by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frick, Scott) Modified on 2/5/2013 motion will be terminated upon re-filing (RVB).
January 31, 2013 Opinion or Order Filing 188 ENDORSED ORDER granting #185 Plaintiff's Motion for Enlargement of Time to Submit Written Questions for the Deposition of Lee Wm. Atkinson. The Court acknowledges that the motion is opposed. However, the Court finds that Plaintiff has established good cause for the extension request and grants the motion accordingly. Plaintiff may submit its written questions for the deposition of Mr. Atkinson to Judge McCoun on or before February 15, 2013. Signed by Judge Virginia M. Hernandez Covington on 1/31/2013. (MEB)
January 31, 2013 Filing 187 NOTICE by Excite Medical Corp., Saleem N. Musallam re #186 Response in Opposition to Motion by Axiom for Sanctions (Doc. 162) (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(Atkinson, Lee)
January 31, 2013 Filing 186 RESPONSE in Opposition re #162 MOTION for sanctions and Incorporated Memorandum of Law filed by Excite Medical Corp., Saleem N. Musallam. (Atkinson, Lee)
January 30, 2013 Filing 185 MOTION to extend time to Submit Written Questions To Magistrate Regarding Deposition Of Lee Wm. Atkinson by Axiom Worldwide, Inc.. (Frick, Scott)
January 22, 2013 Opinion or Order Filing 183 ORDER ruling deferred in part #162 Motion for Sanctions; granting in part and denying in part #167 Motion for Protective Order. The deadline for the filing of Plaintiff's responses to the outstanding motions for summary judgment is hereby extended to March 15, 2013. See Order for further details. Signed by Magistrate Judge Thomas B. McCoun III on 1/22/2013. (ATL)
January 22, 2013 Opinion or Order Filing 182 ORDER: Axiom Worldwide, Inc.'s Objections to Judge McCoun's Order Granting Defendants' Motion for Protective Order as to the Deposition of Lee Wm. Atkinson #157 are SUSTAINED in part and OVERRULED in part as detailed herein. Axiom Inc. may depose Mr. Atkinson by written questions only as to the matters and to the extent detailed herein. Axiom Inc. shall submit all proposed written questions to Judge McCoun for review on or before February 1, 2013. Signed by Judge Virginia M. Hernandez Covington on 1/22/2013. (MEB)
January 17, 2013 Filing 184 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: MOTION HEARING held on 1/17/2013 re #167 MOTION for protective order and Incorporated Memorandum of Law filed by David Ren, #162 MOTION for sanctions filed by Axiom Worldwide, Inc. (DIGITAL) (SRC)
January 17, 2013 Filing 181 NOTICE by Axiom Worldwide, Inc. re #167 MOTION for protective order and Incorporated Memorandum of Law, 175 Notice of Hearing on Motion, #162 MOTION for sanctions, #180 Notice (Other)Notice (Other) Notice of Filing Executed Affidavit of Richard Livernois MD (Frick, Scott)
January 16, 2013 Filing 180 NOTICE by Axiom Worldwide, Inc. re #167 MOTION for protective order and Incorporated Memorandum of Law, 175 Notice of Hearing on Motion, #162 MOTION for sanctions Notice of Filing Unsigned Declaration Of Richard Liverions, M.D. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frick, Scott)
January 16, 2013 Filing 179 NOTICE by HTRD Group Hong Kong Limited re #166 Response in opposition to motion by Axiom for Sanctions (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Atkinson, Lee)
January 15, 2013 Opinion or Order Filing 178 ENDORSED ORDER granting in part and denying in part #171 Plaintiff's Unopposed Motion for Enlargement of Time to Respond to the Motions for Summary Judgment filed by HTRD and Various Other Defendants. Although the motion is unopposed, the Court finds that the requested extension is too indefinite and open-ended. Accordingly, the deadline for Plaintiff to file its responses to Defendants' motions for summary judgment is extended to February 15, 2013. Signed by Judge Virginia M. Hernandez Covington on 1/15/2013. (MEB)
January 15, 2013 Filing 177 NOTICE by Axiom Worldwide, Inc. Notice of Filing Deposition Exhibits 170 - 178 (Attachments: #1 Exhibit 170, #2 Exhibit 171, #3 Exhibit 172, #4 Exhibit 173 Part 1, #5 Exhibit 173 Part 2, #6 Exhibit 174, #7 Exhibit 175, #8 Exhibit 176, #9 Exhibit 177, #10 Exhibit 178)(Frick, Scott)
January 14, 2013 Filing 176 NOTICE by Axiom Worldwide, Inc. of Filing Transcript of January 9, 2013 Deposition of Livia Fernandes (Frick, Scott)
January 14, 2013 Filing 175 NOTICE of Telephone Hearing on Motion #167 MOTION for protective order and Incorporated Memorandum of Law, #162 MOTION for sanctions. Telephonic Motion Hearing set for 1/17/2013 at 10:30 AM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. On the date/time specified, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (ATL)
January 14, 2013 Opinion or Order Filing 174 ENDORSED ORDER granting #165 Request for Oral Argument on #162 Motion for Sanctions. A separate notice of hearing setting the date and time will follow this Order. Signed by Magistrate Judge Thomas B. McCoun III on 1/14/2013. (ATL)
January 14, 2013 Opinion or Order Filing 173 ENDORSED ORDER denying #168 Motion for Permission to File a Reply. Signed by Magistrate Judge Thomas B. McCoun III on 1/14/2013. (ATL)
January 14, 2013 Filing 172 NOTICE by Axiom Worldwide, Inc. Notice of Filing Certificate of Non-Appearance For Deposition Of David Ren (Frick, Scott)
January 14, 2013 Filing 171 Unopposed MOTION for extension of time to file response/reply as to #152 MOTION for summary judgment and Incorporated Memorandum of Law, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #151 MOTION for summary judgment and Incorporated Memorandum of Law, 155 Order on motion for extension of time to file response/reply, #150 MOTION for summary judgment and Incorporated Memorandum of Law by Axiom Worldwide, Inc.. (Frick, Scott)
January 13, 2013 Filing 170 NOTICE of unavailability of counsel byAxiom Worldwide, Inc. from January 19, 2013 to January 27, 2013. (Frick, Scott)
January 10, 2013 Filing 169 MEMORANDUM in opposition re #167 Motion for protective order filed by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frick, Scott)
January 10, 2013 Filing 168 MOTION for miscellaneous relief, specifically Permission To File A Reply To The Response [Dkt. 166] To Axiom Inc.'s Motion For Sanctions [Dkt. 162] by Axiom Worldwide, Inc.. (Frick, Scott)
January 10, 2013 Filing 167 MOTION for protective order and Incorporated Memorandum of Law by David Ren. (Attachments: #1 Exhibit, #2 Exhibit)(Atkinson, Lee) Motions referred to Magistrate Judge Thomas B. McCoun III.
January 10, 2013 Filing 166 RESPONSE in opposition re #162 MOTION for sanctions filed by Anhui Ryzur Axiom Medical Devices Ltd, HTRD Group Hong Kong Limited, David Ren. (Atkinson, Lee)
January 8, 2013 Filing 165 MOTION for miscellaneous relief, specifically Schedule Oral Argument On Motion For Sanctions [Dkt. 162] by Axiom Worldwide, 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)(Frick, Scott)
January 3, 2013 Filing 164 NOTICE of supplemental authority re #152 MOTION for summary judgment and Incorporated Memorandum of Law, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #151 MOTION for summary judgment and Incorporated Memorandum of Law, #150 MOTION for summary judgment and Incorporated Memorandum of Law by Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. (Atkinson, Lee)
December 28, 2012 Opinion or Order Filing 163 ORDER: Axiom's Motion for Sanctions #162 is hereby referred to the Honorable Thomas B. McCoun III, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 12/28/2012. (MEB) Motions referred to Magistrate Judge Thomas B. McCoun III.
December 27, 2012 Filing 162 MOTION for sanctions by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Frick, Scott)
December 21, 2012 Filing 161 RESPONSE re #157 Objection as to #143 Order on motion to quash Order on motion for protective order Order on motion to compel, < filed by Andrew Deweerd, Eltech USA, LLC, HTRD Group Hong Kong Limited, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
December 20, 2012 Filing 160 REPLY to response to motion re #146 Amended MOTION for summary judgment Amending Prior Filings To Assert All Issues In A Single Motion as required by Dkt. 25 filed by Axiom Worldwide, Inc.. (Frick, Scott)
December 17, 2012 Opinion or Order Filing 159 ENDORSED ORDER granting #158 Plaintiff's motion for leave to file a reply memorandum. The Court acknowledges that the request to file a reply is opposed; nevertheless, the Court determines that a reply memorandum will assist the Court in assessing the merits of the underlying motion. Accordingly, Plaintiff may file a reply memorandum, limited to ten pages, on or before December 24, 2012. Signed by Judge Virginia M. Hernandez Covington on 12/17/2012. (MEB)
December 14, 2012 Filing 158 MOTION for leave to file Reply Brief To Defendants' Response [Dkt 156] to Axiom Inc.'s Motion For Summary Judgment [Dkt. 146] by Axiom Worldwide, Inc.. (Frick, Scott)
December 14, 2012 Filing 157 OBJECTION re #143 Order on motion to quashOrder on motion for protective orderOrder on motion to compel. (Attachments: #1 Exhibit A)(Frick, Scott)
December 13, 2012 Filing 156 RESPONSE in opposition re #146 Amended MOTION for summary judgment Amending Prior Filings To Assert All Issues In A Single Motion as required by Dkt. 25 filed by Anhui Ryzur Axiom Medical Devices Ltd, Corey Brownell, Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, Harlon Parchment, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
December 7, 2012 Opinion or Order Filing 155 ENDORSED ORDER granting #154 Plaintiff's Unopposed Motion for Enlargement of Time to Respond to the Motions for Summary Judgment Filed By HTRD and Various Other Defendants. Plaintiff's responses due on or before January 18, 2013. Signed by Judge Virginia M. Hernandez Covington on 12/7/2012. (MEB)
December 6, 2012 Filing 154 Unopposed MOTION for extension of time to file response/reply as to #152 MOTION for summary judgment and Incorporated Memorandum of Law, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #151 MOTION for summary judgment and Incorporated Memorandum of Law, #150 MOTION for summary judgment and Incorporated Memorandum of Law by Axiom Worldwide, Inc.. (Frick, Scott)
December 3, 2012 Filing 153 NOTICE by HTRD Group Hong Kong Limited re #152 MOTION for summary judgment and Incorporated Memorandum of Law, #147 MOTION for summary judgment and Incorporated Memorandum of Law, #150 MOTION for summary judgment and Incorporated Memorandum of Law, #148 MOTION for summary judgment and Incorporated Memorandum of Law, #149 MOTION for summary judgment and Incorporated Memorandum of Law, #151 MOTION for summary judgment and Incorporated Memorandum of Law (Attachments: #1 Exhibit Document 1 - DeWeerd's Answers to Interrogatories, #2 Exhibit Document 2 - Excite, Musallam, Eltech's Answers to Plaintiff's Interrogatories, #3 Exhibit Document 3 - Musallam Affidavit (1-45), #4 Exhibit Document 3 - Musallam Affidavit (46-86), #5 Exhibit Document 4 - Musallam depo excerpts, #6 Exhibit Document 5 - Gibson depo excerpts, #7 Exhibit Document 6 - Device Listing documents, #8 Exhibit Document 7 - Johnson Affidavit, #9 Exhibit Doc. 8 - Exarhos depo excerpts ( 1-58), #10 Exhibit Doc. 8 - Exarhos depo excerpts (59-116), #11 Exhibit Doc. 8 - Exarhos depo excerpts - (117-172), #12 Exhibit Document 9 - Madden Affidavit, #13 Exhibit Document 10 - Ren Declaration)(Atkinson, Lee)
December 3, 2012 Filing 152 MOTION for summary judgment and Incorporated Memorandum of Law by Anhui Ryzur Axiom Medical Devices Ltd, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
December 3, 2012 Filing 151 ***STRICKEN per #316 ORDER*** MOTION for summary judgment and Incorporated Memorandum of Law by Excite Medical Corp., Saleem N. Musallam. (Atkinson, Lee) Modified on 6/4/2013 (RVB).
December 3, 2012 Filing 150 MOTION for summary judgment and Incorporated Memorandum of Law by Excite Diagnostics, LLC. (Atkinson, Lee)
December 3, 2012 Filing 149 MOTION for summary judgment and Incorporated Memorandum of Law by Andrew Deweerd. (Atkinson, Lee)
December 3, 2012 Filing 148 MOTION for summary judgment and Incorporated Memorandum of Law by Eltech USA, LLC. (Atkinson, Lee)
December 3, 2012 Filing 147 MOTION for summary judgment and Incorporated Memorandum of Law by HTRD Group Hong Kong Limited. (Atkinson, Lee)
December 1, 2012 Filing 146 Amended MOTION for summary judgment Amending Prior Filings To Assert All Issues In A Single Motion as required by Dkt. 25 by Axiom Worldwide, Inc.. (Frick, Scott)
November 30, 2012 Filing 145 MOTION for summary judgment Seeking Partial Summary Judgment As to Axioim Inc.'s Ownership Of Intellectual Property And Injunctive Relief by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit A)(Frick, Scott)
November 30, 2012 Filing 144 MOTION for summary judgment As To HTRD's Counterclaim by Axiom Worldwide, Inc.. (Frick, Scott)
November 30, 2012 Opinion or Order Filing 143 ORDER granting #93 Motion to quash; granting #94 Motion for protective order; granting in part and denying in part #106 Motion to compel; granting in part and denying in part #110 Motion to compel; granting in part and denying in part #111 Motion to compel. Signed by Magistrate Judge Thomas B. McCoun III on 11/30/2012. (ATL)
November 27, 2012 Filing 142 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Motion Hearing held on 11/27/2012 re #111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline filed by Axiom Worldwide, Inc., #94 MOTION for protective order filed by HTRD Group Hong Kong Limited, Eltech USA, LLC, Ryzur Medical, Inc., Andrew Deweerd, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, #110 Second MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline filed by Axiom Worldwide, Inc., #93 MOTION to quash Notice Duces Tecum filed by HTRD Group Hong Kong Limited, Eltech USA, LLC, Ryzur Medical, Inc., Andrew Deweerd, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline filed by Axiom Worldwide, Inc. (DIGITAL) (SRC)
November 27, 2012 Filing 141 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 159 Part 1, #2 Exhibit 159 Part 2, #3 Exhibit 159 Part 3, #4 Exhibit 159 Part 4, #5 Exhibit 160, #6 Exhibit 161, #7 Exhibit 162, #8 Exhibit 163, #9 Exhibit 164, #10 Exhibit 165, #11 Exhibit 166, #12 Exhibit 167, #13 Exhibit 168, #14 Exhibit 169)(Frick, Scott)
November 27, 2012 Filing 140 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 151, #2 Exhibit 152, #3 Exhibit 153, #4 Exhibit 154, #5 Exhibit 155, #6 Exhibit 156, #7 Exhibit 157 Part 1, #8 Exhibit 157 Part 2, #9 Exhibit 158 Part 1, #10 Exhibit 158 Part 2, #11 Exhibit 158 Part 3, #12 Exhibit 158 Part 4)(Frick, Scott)
November 27, 2012 Filing 139 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 131, #2 Exhibit 132, #3 Exhibit 133, #4 Exhibit 134, #5 Exhibit 135, #6 Exhibit 136, #7 Exhibit 137, #8 Exhibit 138, #9 Exhibit 139 Part 1, #10 Exhibit 139 Part 2, #11 Exhibit 139 Part 3, #12 Exhibit 140, #13 Exhibit 141, #14 Exhibit 142, #15 Exhibit 143, #16 Exhibit 144, #17 Exhibit 145, #18 Exhibit 146, #19 Exhibit 147, #20 Exhibit 148, #21 Exhibit 149, #22 Exhibit 150)(Frick, Scott)
November 27, 2012 Filing 138 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 111, #2 Exhibit 112, #3 Exhibit 113, #4 Exhibit 114, #5 Exhibit 115, #6 Exhibit 116, #7 Exhibit 117, #8 Exhibit 118, #9 Exhibit 119, #10 Exhibit 120, #11 Exhibit 121, #12 Exhibit 122, #13 Exhibit 123, #14 Exhibit 124, #15 Exhibit 125, #16 Exhibit 126, #17 Exhibit 127, #18 Exhibit 128, #19 Exhibit 129, #20 Exhibit 130)(Frick, Scott)
November 27, 2012 Filing 137 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 91, #2 Exhibit 92, #3 Exhibit 93, #4 Exhibit 94, #5 Exhibit 95, #6 Exhibit 96, #7 Exhibit 97, #8 Exhibit 98, #9 Exhibit 99, #10 Exhibit 100, #11 Exhibit 101, #12 Exhibit 102, #13 Exhibit 103, #14 Exhibit 104, #15 Exhibit 105, #16 Exhibit 106, #17 Exhibit 107, #18 Exhibit 108, #19 Exhibit 109, #20 Exhibit 110)(Frick, Scott)
November 27, 2012 Filing 136 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 71, #2 Exhibit 72, #3 Exhibit 73, #4 Exhibit 74, #5 Exhibit 75, #6 Exhibit 76, #7 Exhibit 77, #8 Exhibit 78, #9 Exhibit 79, #10 Exhibit 80, #11 Exhibit 81, #12 Exhibit 82, #13 Exhibit 83, #14 Exhibit 84, #15 Exhibit 85, #16 Exhibit 86, #17 Exhibit 87, #18 Exhibit 88, #19 Exhibit 89, #20 Exhibit 90)(Frick, Scott) Modified on 11/28/2012 (RVB).
November 27, 2012 Filing 135 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59, #10 Exhibit 60, #11 Exhibit 61, #12 Exhibit 62, #13 Exhibit 63, #14 Exhibit 64, #15 Exhibit 65, #16 Exhibit 66, #17 Exhibit 67, #18 Exhibit 68, #19 Exhibit 69, #20 Exhibit 70)(Frick, Scott)
November 27, 2012 Filing 134 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33, #4 Exhibit 34, #5 Exhibit 35, #6 Exhibit 36, #7 Exhibit 37, #8 Exhibit 38, #9 Exhibit 39, #10 Exhibit 40, #11 Exhibit 41, #12 Exhibit 42, #13 Exhibit 43, #14 Exhibit 44, #15 Exhibit 45, #16 Exhibit 46, #17 Exhibit 47, #18 Exhibit 48, #19 Exhibit 49, #20 Exhibit 50)(Frick, Scott)
November 27, 2012 Filing 133 NOTICE by Axiom Worldwide, Inc. re #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 16 Part 1, #2 Exhibit 16 Part 2, #3 Exhibit 17 Part 1, #4 Exhibit 17 Part 2, #5 Exhibit 17 Part 3, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 22, #11 Exhibit 23, #12 Exhibit 24, #13 Exhibit 25, #14 Exhibit 26, #15 Exhibit 27, #16 Exhibit 28, #17 Exhibit 29, #18 Exhibit 30)(Frick, Scott)
November 27, 2012 Filing 132 NOTICE by Axiom Worldwide, Inc. re #130 Notice (Other)Notice (Other), #131 Notice (Other)Notice (Other), #128 Notice (Other)Notice (Other), #129 Notice (Other)Notice (Other) Notice of Filing Deposition Exhibits (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4A, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 6A, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 9A, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15)(Frick, Scott) Modified on 11/28/2012 (RVB).
November 27, 2012 Filing 131 NOTICE by Axiom Worldwide, Inc. re #111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #113 Memorandum in opposition, #94 MOTION for protective order, #110 Second MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline (Frick, Scott)
November 27, 2012 Filing 130 NOTICE by Axiom Worldwide, Inc. re #111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #113 Memorandum in opposition, #94 MOTION for protective order, #110 Second MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline (Frick, Scott)
November 27, 2012 Filing 129 NOTICE by Axiom Worldwide, Inc. re #111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #113 Memorandum in opposition, #94 MOTION for protective order, #110 Second MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline (Frick, Scott)
November 27, 2012 Filing 128 NOTICE by Axiom Worldwide, Inc. re #111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #113 Memorandum in opposition, #94 MOTION for protective order, #110 Second MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline (Frick, Scott)
November 26, 2012 Opinion or Order Filing 127 ORDER granting #125 Motion to allow electronic equipment. See order for details. Signed by Magistrate Judge Thomas B. McCoun III on 11/26/2012. (SRC)
November 16, 2012 Opinion or Order Filing 126 ENDORSED ORDER denying #123 the parties' Joint Motion to Extend Dispositive Motion Deadline. The final pretrial conference in this case is set for April 16, 2013, and the case is set on the May 2013 trial term. Extending the dispositive motion deadline by over one month will not provide the Court sufficient time to rule on the dispositive motions prior to the pretrial conference, and, thus, would require the pretrial conference and trial to be continued. However, pursuant to Local Rule 3.09, "failure to complete discovery procedures... shall not constitute cause for continuance unless such failure... is not the result of lack of diligence in pursuing such discovery." In their motion, the parties have failed to demonstrate that their inability to complete all necessary discovery procedures resulted from a cause other than lack of diligence and that discovery could not have been completed if the parties had conducted such discovery earlier. Thus, pursuant to Local Rule 3.09, the parties' joint motion is denied. Signed by Judge Virginia M. Hernandez Covington on 11/16/2012. (MEB)
November 15, 2012 Filing 125 MOTION to allow electronic equipment, specifically trial presentation equipment for November 27, 2012 Hearing by Axiom Worldwide, Inc.. (Frick, Scott)
November 15, 2012 Filing 124 NOTICE of Hearing on Motion #93 MOTION to quash Notice Duces Tecum on 11/27/2012 at 02:00 PM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. In addition to the four motions already scheduled for this hearing, as indicated at Dkt. 122 Notice of Hearing on Motion, the Court will also address #93 MOTION to quash Notice Duces Tecum. Any counsel who wish to appear by telephone shall notify chambers (813-301-5550), at least one day prior to the hearing. On the date/time specified for the hearing, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (ATL)
November 15, 2012 Filing 123 Joint MOTION to extend time to File Dispositive Motions by Axiom Worldwide, Inc.. (Frick, Scott)
November 14, 2012 Filing 122 NOTICE of Hearing on Motion #94 MOTION for protective order, #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #110 Second MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline. Motion Hearing set for 11/27/2012 at 02:00 PM in Tampa Courtroom 12B before Magistrate Judge Thomas B. McCoun III. Any counsel who wish to appear by telephone shall notify chambers (813-301-5550), at least one day prior to the hearing. On the date/time specified for the hearing, counsel shall call 1-888-684-8852; enter access code 2121806; and the security code 1468 followed by the # (pound) key. (ATL)
November 13, 2012 Opinion or Order Filing 121 ENDORSED ORDER denying #114 Motion for leave to file reply. Signed by Magistrate Judge Thomas B. McCoun III on 11/13/2012. (ATL)
November 13, 2012 Filing 120 RESPONSE to motion re #111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline, #110 Second MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline and Incorporated Memorandum of Law filed by HTRD Group Hong Kong Limited. (Atkinson, Lee)
November 9, 2012 Filing 119 NOTICE by HTRD Group Hong Kong Limited re #118 Response in opposition to motion (Notice of Filing Reference Documents in support of Response to Axiom's Motion to Compel (Doc. 106)) (Attachments: #1 Exhibit Letter of December 27, 2011, #2 Exhibit Composite letter and e-mail re Confidentiality Agreement, #3 Exhibit Excerpt Transcript of hearing held January 26, 2011, #4 Exhibit Affidavit of Quian Wen with attachments, #5 Exhibit Transcript of suspended deposition of D. Ren)(Atkinson, Lee)
November 9, 2012 Filing 118 RESPONSE in opposition re #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline filed by HTRD Group Hong Kong Limited. (Atkinson, Lee)
November 7, 2012 Filing 117 NOTICE by Suzanne Westfall of Filing Judgment Lien as to Plaintiff (Attachments: #1 Final Judgment of Attorney Fees and Costs)(Pilka, Daniel)
November 6, 2012 Filing 116 NOTICE by Rappel Health Law Group, P.L. re #103 Notice (Other), #104 Notice (Other) of Judgment Lien against Plaintiff (Attachments: #1 Exhibit 1: Execution & Judgment Lien)(Rappel, Craig)
November 5, 2012 Filing 115 RESPONSE to motion re #114 MOTION for leave to file Reply to Axiom Inc's Response to Defendant's Motion to Quash and for Protective Order filed by Axiom Worldwide, Inc.. (Frick, Scott)
November 5, 2012 Filing 114 MOTION for leave to file Reply to Axiom Inc's Response to Defendant's Motion to Quash and for Protective Order by HTRD Group Hong Kong Limited. (Forizs, Zala)
October 31, 2012 Filing 113 MEMORANDUM in opposition re #94 Motion for protective order filed by Axiom Worldwide, 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)(Frick, Scott)
October 30, 2012 Filing 112 CERTIFICATE of Counsel re #111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline Certification As to Consultation With Opposing Counsel by Scott Allan Frick on behalf of Axiom Worldwide, Inc. (Frick, Scott)
October 30, 2012 Filing 111 Third MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline by Axiom Worldwide, Inc.. (Frick, Scott) Motions referred to Magistrate Judge Thomas B. McCoun III.
October 30, 2012 Filing 110 Second MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline by Axiom Worldwide, Inc.. (Frick, Scott) Motions referred to Magistrate Judge Thomas B. McCoun III.
October 30, 2012 Filing 109 NOTICE by Axiom Worldwide, Inc. re #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline Notice of Filing Excerpt of Deposition of Nicholas Exarhos (Frick, Scott)
October 30, 2012 Opinion or Order Filing 108 ORDER granting #105 Unopposed Motion for Entry of Order Adopting Confidentiality Agreement. Signed by Magistrate Judge Thomas B. McCoun III on 10/30/2012. (Attachments: #1 Stipulated Confidentiality Agreement and Order) (ATL)
October 29, 2012 Filing 107 NOTICE by Axiom Worldwide, Inc. re #106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline Notice of Filing Transcript of Suspended Deposition of David Ren, individaully and as Corporate Representative of HTRD and the Ryzur Entities (Frick, Scott)
October 26, 2012 Filing 106 MOTION to compel Discovery And for Extension of Axiom Inc.'s Discovery Deadline by Axiom Worldwide, Inc.. (Frick, Scott) Motions referred to Magistrate Judge Thomas B. McCoun III.
October 24, 2012 Filing 105 Stipulated Joint Motion for Entry of Order Adopting Confidentiality Agreement by Axiom Worldwide, Inc., Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Attachments: #1 Exhibit)(Atkinson, Lee) Modified on 10/24/2012 to correct docket text to accurately reflect e-filed pleading (RVB).
October 23, 2012 Filing 104 NOTICE by Greg Westfall of Filing Judgment Lien as to Plaintiff (Attachments: #1 Exhibit Final Judgment of Attorney Fees and Costs)(Pilka, Daniel)
October 19, 2012 Filing 103 NOTICE by Achim Hansjurgens of Judgment Lien against Plaintiff (Attachments: #1 Exhibit)(Rappel, Craig)
October 12, 2012 Opinion or Order Filing 102 ENDORSED ORDER granting #100 Motion for extension of time to file response/reply. Signed by Magistrate Judge Thomas B. McCoun III on 10/12/2012. (ATL)
October 10, 2012 Filing 101 REPLY to response to motion re #92 MOTION for Judgment on the Pleadings filed by Axiom Worldwide, Inc.. (Frick, Scott)
October 10, 2012 Filing 100 Unopposed MOTION for extension of time to file response/reply as to #94 MOTION for protective order and For Additional Related Relief by Axiom Worldwide, Inc.. (Frick, Scott)
October 5, 2012 Opinion or Order Filing 99 ENDORSED ORDER granting #97 Plaintiff's amended motion for leave to file a reply memorandum and denying as moot #96 Plaintiff's motion for leave to file a reply memorandum. The Court acknowledges that the request to file a reply memorandum is opposed; nevertheless, the Court determines that a reply memorandum will assist the Court in assessing the merits of the underlying motion. Accordingly, Plaintiff may file a reply memorandum, limited to seven pages, on or before October 12, 2012. Signed by Judge Virginia M. Hernandez Covington on 10/5/2012. (MEB)
October 4, 2012 Filing 98 NOTICE by Excite Medical Corp., Saleem N. Musallam of Taking Depositions (Meyers, Dennis)
October 4, 2012 Filing 97 Amended MOTION for leave to file a Reply Brief In Response To HTRD's Response To Axiom's Motion For Judgment On The Pleadings by Axiom Worldwide, Inc.. (Frick, Scott) Modified on 10/4/2012 to correct docket text to accurately reflect e-filed pleading (RVB).
October 4, 2012 Filing 96 MOTION for leave to file Reply Brief To HTRD's Response To Axiom Worldwide, Inc.'s Motion For Judgment On The Pleadings by Axiom Worldwide, Inc.. (Frick, Scott)
October 4, 2012 Filing 95 RESPONSE in opposition re #92 MOTION for Judgment on the Pleadings and Incorporated Memorandum of Law filed by Andrew Deweerd, Eltech USA, LLC, HTRD Group Hong Kong Limited, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
October 4, 2012 Filing 94 MOTION for protective order by Andrew Deweerd, Eltech USA, LLC, HTRD Group Hong Kong Limited, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Attachments: #1 Exhibit Axiom's Amended Notice of Depositions Duces Tecum)(Atkinson, Lee) Motions referred to Magistrate Judge Thomas B. McCoun III.
October 3, 2012 Filing 93 MOTION to quash Notice Duces Tecum by Andrew Deweerd, Eltech USA, LLC, HTRD Group Hong Kong Limited, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Attachments: #1 Exhibit Amended Notice of Depositions)(Atkinson, Lee) Modified on 10/4/2012 attorney instructed to re-file Motion for Protective order separately (RVB).
September 24, 2012 Filing 92 MOTION for Judgment on the Pleadings by Axiom Worldwide, Inc.. (Frick, Scott)
September 20, 2012 Filing 91 MEDIATION REPORT Hearing held on September 20, 2012. Hearing outcome: the parties have reached an impasse.(Grilli, Peter)
September 17, 2012 Opinion or Order Filing 90 ORDER: The Report and Recommendation of Thomas B. McCoun III, United States Magistrate Judge #76 is ACCEPTED AND ADOPTED in part as detailed herein. HTRD Group Hong Kong Limited's Motion for Preliminary Injunction #45 is DENIED. HTRD Group Hong Kong Limited's Request for Oral Argument Upon Objections to Report and Recommendation #78 and Axiom's Request for Oral Argument #83 are DENIED AS MOOT. The parties' Joint Stipulated Motion to Continue and Reschedule Trial #89 is DENIED WITHOUT PREJUDICE AS MOOT. Signed by Judge Virginia M. Hernandez Covington on 9/17/2012. (MEB)
August 28, 2012 Filing 89 Joint MOTION to continue (Stipulated) and Reschedule Trial by Axiom Worldwide, Inc., Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
August 27, 2012 Filing 88 NOTICE of Appearance by Dennis Allen Meyers on behalf of Excite Diagnostics, LLC, Excite Medical Corp., Saleem N. Musallam (Meyers, Dennis)
August 22, 2012 Filing 87 NOTICE to the Courts to take judicial notice regarding #76 REPORT AND RECOMMENDATION re #45 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by HTRD Group Hong Kong Limited. In Response to HTRD's Notice of Request To Take Judicial Notice [Dkt. 86] by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Frick, Scott)
August 21, 2012 Filing 86 NOTICE to the Courts to take judicial notice regarding by HTRD Group Hong Kong Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Atkinson, Lee)
August 16, 2012 Filing 85 REPLY to response to motion re #76 REPORT AND RECOMMENDATION re #45 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by HTRD Group Hong Kong Limited. Specifically Axiom Worldwide, Inc.'s Reply To HTRD's Response [Dkt. 81] To Axiom's Objections [Dkt. 79] To The Magistrate's Report And Recommendation filed by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit Exhibit A)(Frick, Scott)
August 15, 2012 Opinion or Order Filing 84 ENDORSED ORDER granting #82 Motion. The Court understands the relief is objected to, nevertheless the Court would find the pleading helpful. The pleading shall be no more than five pages in length and shall be filed by August 17, 2012. Signed by Judge Virginia M. Hernandez Covington on 8/15/2012. (Covington, Virginia)
August 14, 2012 Filing 83 REQUEST for oral argument re #79 Objection To Magistrate's Recommendation by Axiom Worldwide, Inc.. (Frick, Scott)
August 14, 2012 Filing 82 MOTION for miscellaneous relief, specifically Axiom's Request To File A Reply Brief by Axiom Worldwide, Inc.. (Frick, Scott)
August 13, 2012 Sealed document S-1 (JLH)
August 13, 2012 Filing 81 RESPONSE to objections to #76 Report and Recommendations (HTRD's Opposition to Plaintiff's Objections (Doc. 79)) filed by HTRD Group Hong Kong Limited. (Atkinson, Lee)
August 13, 2012 Filing 80 RESPONSE to objections to #76 Report and Recommendations filed by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Frick, Scott)
July 31, 2012 Filing 79 OBJECTION re #76 REPORT AND RECOMMENDATION re #45 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by HTRD Group Hong Kong Limited.. (Frick, Scott)
July 31, 2012 Filing 78 REQUEST for oral argument re #77 Objection to Report and Recommendation (Doc. 76) by HTRD Group Hong Kong Limited. (Atkinson, Lee)
July 31, 2012 Filing 77 OBJECTION re #76 REPORT AND RECOMMENDATION re #45 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by HTRD Group Hong Kong Limited.. (Atkinson, Lee)
July 18, 2012 Filing 76 REPORT AND RECOMMENDATION re #45 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by HTRD Group Hong Kong Limited. Signed by Magistrate Judge Thomas B. McCoun III on 7/18/2012. (JDE)
June 14, 2012 Filing 75 NOTICE of unavailability of counsel byAxiom Worldwide, Inc. from July 1, 2012 to July 15, 2012. (Frick, Scott)
May 17, 2012 Filing 74 NOTICE by Axiom Worldwide, Inc. re #70 Notice (Other) Of Objections of North American Medical Corporation To Disclosure of Confidential Settlement Documents (Frick, Scott)
May 11, 2012 Filing 73 NOTICE by Axiom Worldwide, Inc. Of Filing Axiom's Exhibit List From May 7, 2012 Hearing (Frick, Scott)
May 8, 2012 Filing 70 NOTICE by Axiom Worldwide, Inc. re #51 Memorandum in opposition (Frick, Scott)
May 8, 2012 Filing 69 NOTICE of supplemental authority re #51 Memorandum in opposition by Axiom Worldwide, Inc. (Frick, Scott)
May 7, 2012 Filing 72 EXHIBIT LIST by HTRD Group Hong Kong Limited for motion hearing held 5/7/2012. (SRC)
May 7, 2012 Filing 71 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Motion Hearing held on 5/7/2012 re #45 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by HTRD Group Hong Kong Limited. (DIGITAL) (SRC)
May 7, 2012 Filing 68 NOTICE of supplemental authority re #51 Memorandum in opposition by Axiom Worldwide, Inc. (Frick, Scott)
May 4, 2012 Opinion or Order Filing 67 ENDORSED ORDER denying #65 Defendant HTRD Group Hong Kong Limited's construed motion to strike. The construed motion is denied for the reasons set forth in Plaintiff's opposition #66. Signed by Magistrate Judge Thomas B. McCoun III on 5/4/2012. (SLB)
May 2, 2012 Filing 66 MEMORANDUM in opposition re #65 Objection And In Opposition To HTRD's Motion To Strike filed by Axiom Worldwide, Inc.. (Frick, Scott)
April 30, 2012 Filing 65 OBJECTION re #61 Notice (Other), #62 Notice (Other), #63 Notice (Other)Notice (Other) With Motion to Strike and Incorporated Memorandum of Law. (Atkinson, Lee)
April 27, 2012 Filing 64 NOTICE OF RESCHEDULING HEARING: The Motion for Preliminary Injunction hearing previously scheduled for 5/4/2012 is rescheduled. New scheduling date and time:Evidentiary Hearing set for 5/7/2012 at 1:30 PM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. (JDE)
April 26, 2012 Filing 63 NOTICE by Axiom Worldwide, Inc. re #51 Memorandum in opposition Supplement (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit)(Frick, Scott)
April 26, 2012 Filing 62 NOTICE by Axiom Worldwide, Inc. re #51 Memorandum in opposition Supplement (Attachments: #1 Affidavit Of James Gibson, #2 Exhibit To affidavit, #3 Exhibit to Affidavit, #4 Exhibit to affidavit)(Frick, Scott)
April 26, 2012 Filing 61 NOTICE by Axiom Worldwide, Inc. re #51 Memorandum in opposition Supplement (Attachments: #1 Affidavit Steven Oscher, CPA)(Frick, Scott)
April 25, 2012 Opinion or Order Filing 60 ORDER granting #59 Motion to allow electronic equipment. Signed by Magistrate Judge Thomas B. McCoun III on 4/25/2012. (JDE)
April 25, 2012 Filing 59 MOTION to allow electronic equipment, specifically Electronic Trial Presentation Equipment by Axiom Worldwide, Inc.. (Frick, Scott)
April 25, 2012 Filing 58 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Bill Jones (HWJ)
April 25, 2012 Filing 57 TRANSCRIPT of Status Conference held on 03-13-12 before Judge Thomas B. McCoun, III. Court Reporter/Transcriber Bill Jones,Telephone number 813-301-5024. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber 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 5/16/2012, Redacted Transcript Deadline set for 5/29/2012, Release of Transcript Restriction set for 7/24/2012. (HWJ)
April 24, 2012 Filing 56 SUPPLEMENT re #51 Memorandum in opposition by Axiom Worldwide, Inc. of Filing Additional Papers In Opposition To #45 Motion For Preliminary Injunction (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, #10 Exhibit j, #11 Exhibit k, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Frick, Scott) Modified text - wrong event code used on 4/25/2012 (RFK).
March 14, 2012 Filing 55 NOTICE of Hearing on #45 HTRD's MOTION for preliminary injunction: Oral argument set for Friday 5/4/2012 at 10:00 AM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Counsel shall meet or confer no later than April 24, 2012, to view and exchange copies of all exhibits, affidavits, and other documentary evidence each side intends to rely upon at the hearing. (JDE)
March 13, 2012 Opinion or Order Filing 54 ORDER following status conference, scheduling oral argument on HTRD's motion for preliminary injunction at 10:00 AM on 5/4/2012, with the parties to exchange affidavits, exhibits, and other documentary evidence by 4/24/2012. See Order for further details. Signed by Magistrate Judge Thomas B. McCoun III on 3/13/2012. (JDE)
March 13, 2012 Filing 53 Minute Entry. Proceedings held before Magistrate Judge Thomas B. McCoun III: Status Conference on 3/13/2012. (DIGITAL) (JDE)
March 9, 2012 Opinion or Order Filing 52 ORDER denying without prejudice #29 Defendants' Motion for Partial Summary Judgment as prematurely filed and denying as moot #32 Plaintiff's Motion for Enlargement of Time to Respond to Defendants' Motion for Partial Summary Judgment. Signed by Judge Virginia M. Hernandez Covington on 3/9/2012. (MEB)
March 8, 2012 Filing 51 MEMORANDUM in opposition re #45 Motion for preliminary injunction filed by Axiom Worldwide, Inc.. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix)(Frick, Scott)
March 5, 2012 Filing 50 NOTICE of Hearing: Telephone Status Conference set for Tuesday 3/13/2012 at 11:00 AM in Tampa Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Counsel shall notify chambers (813-301-5550), no less than 24 hours prior to the hearing, of the telephone number at which counsel can be reached in order for the court to initiate the conference call. (JDE)
March 2, 2012 Opinion or Order Filing 49 ORDER denying #47 Plaintiff's Motion for extension of time to file opposition papers to HTRD's motion for preliminary injunction. See Order for further details. Signed by Magistrate Judge Thomas B. McCoun III on 3/2/2012. (JDE)
March 2, 2012 Filing 48 RESPONSE in opposition re #47 MOTION for extension of time to file document filed by HTRD Group Hong Kong Limited. (Atkinson, Lee)
March 1, 2012 Filing 47 MOTION for extension of time to file document by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D Part 1, #5 Exhibit D Part 2, #6 Exhibit D Part 3, #7 Exhibit E)(Frick, Scott)
February 20, 2012 Filing 46 NOTICE of Filing in Support of Defendant's Motion for Preliminary Injunction by HTRD Group Hong Kong Limited re #45 MOTION for preliminary injunction and Incorporated Memorandum of Law (Atkinson, Lee) Modified on 2/21/2012 (BES).
February 20, 2012 Filing 45 MOTION for preliminary injunction and Incorporated Memorandum of Law by HTRD Group Hong Kong Limited. (Attachments: #1 Text of Proposed Order Preliminary Injunction)(Atkinson, Lee)
February 17, 2012 Filing 44 NOTICE of Defendant, HTRD's, Refusal To Permit Deposition Before September of 2012 by Axiom Worldwide, Inc. re #32 First MOTION for extension of time to file response/reply To Defendants' Motion For Summary Judgment, #36 Notice (Other) (Frick, Scott) Modified on 2/21/2012 (BES).
January 19, 2012 Opinion or Order Filing 43 ORDER appointing Peter Grilli, Esq. as mediator in this action. The mediation is scheduled for September 20, 2012. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/19/2012. (MEB)
January 18, 2012 Filing 42 RETURN of service executed on 12/12/2011 by Axiom Worldwide, Inc. as to Harlon Parchment. (Frick, Scott)
January 18, 2012 Filing 41 NOTICE of compliance re #40 Order And Notice of Mediation by Axiom Worldwide, Inc. (Frick, Scott)
January 11, 2012 Opinion or Order Filing 40 ORDER: Plaintiff shall, by January 25, 2012, advise the Court of the parties' selected certified mediator as well as the date, time, and location of the mediation conference. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/11/2012. (MEB)
November 9, 2011 Filing 39 CERTIFICATE of interested persons and corporate disclosure statement by HTRD Group Hong Kong Limited. (Atkinson, Lee)
November 9, 2011 Filing 38 CERTIFICATE of interested persons and corporate disclosure statement by Axiom Worldwide, Inc.. (Frick, Scott)
November 9, 2011 Filing 37 NOTICE of pendency of related cases re #25 Case management and scheduling order per Local Rule 1.04(d) by Axiom Worldwide, Inc.. Related case(s): yes (Frick, Scott)
November 8, 2011 Filing 36 AFFIDAVIT filed by Axiom Worldwide, Inc. of Filing Affidavit of Plaintiff's Attorney In Support of Motion For Enlargement of Time (Attachments: #1 Affidavit)(Frick, Scott) Modified text on 11/9/2011 (LYB).
November 8, 2011 Filing 35 SUPPLEMENT re #33 Response in opposition to motion by HTRD Group Hong Kong Limited. (Atkinson, Lee)
November 8, 2011 Filing 34 NOTICE of supplemental authority Supporting Motion For Enlargement of time To respond to Defendants' Motion for Summary Judgment by Axiom Worldwide, Inc. (Frick, Scott)
November 7, 2011 Filing 33 RESPONSE in opposition re #32 First MOTION for extension of time to file response/reply To Defendants' Motion For Summary Judgment filed by HTRD Group Hong Kong Limited. (Atkinson, Lee)
October 31, 2011 Filing 32 First MOTION for extension of time to file response/reply To Defendants' Motion For Summary Judgment by Axiom Worldwide, Inc.. (Frick, Scott)
October 21, 2011 Opinion or Order Filing 31 ENDORSED ORDER granting #28 Motion to substitute attorney and approving Joint Stipulation to substitute. The Clerk is directed to terminate the Kass Shuler law firm. Signed by Magistrate Judge Thomas B. McCoun III on 10/21/2011. (JDE)
October 21, 2011 Filing 30 NOTICE of Filing Exhibits by Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. re #29 MOTION for partial summary judgment and Memorandum of Law (Attachments: #1 Exhibit 1 through 5, #2 Exhibit 6 through 11)(Atkinson, Lee) Modified on 10/24/2011 (BSN).
October 21, 2011 Filing 29 MOTION for partial summary judgment and Memorandum of Law by Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc.. (Atkinson, Lee)
October 11, 2011 Filing 28 MOTION to substitute attorney by Axiom Worldwide, Inc.. (Frick, Scott) Motions referred to Magistrate Judge Thomas B. McCoun III.
October 10, 2011 Filing 27 *DOCUMENT TERMINATED. COUNSEL NOTIFIED TO REFILE PROPERLY AS A MOTION.* STIPULATION For Substitution of Counsel by Axiom Worldwide, Inc.. (Frick, Scott) Modified on 10/11/2011 (CD).
September 14, 2011 Opinion or Order Filing 26 ORDER REFERRING CASE to mediation and directing selection of a mediator. Mediation shall be conducted on or before 11/15/2012. Signed by Judge Virginia M. Hernandez Covington on 9/14/2011. (CR)
September 14, 2011 Opinion or Order Filing 25 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 4/9/2013, Final Pretrial Conference set for 4/16/2013 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Bench Trial set during the May, 2013 trial calendar at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. See actual order for additional deadlines. Signed by Judge Virginia M. Hernandez Covington on 9/14/2011. (LS)
September 12, 2011 Filing 24 CASE MANAGEMENT REPORT. (Frick, Scott)
September 7, 2011 Filing 23 ANSWER and affirmative defenses to #20 Amended complaint by Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc..(Atkinson, Lee)
August 31, 2011 Filing 22 Summons issued as to Anhui Ryzur Axiom Medical Devices Ltd, Corey Brownell, Harlon Parchment. (MRH)
August 26, 2011 Filing 21 Trademark Report sent to Alexandria, VA. (Attachments: #1 Exhibit, Amended Complaint) (MRH)
August 26, 2011 Filing 20 AMENDED COMPLAINT Verified against Axiom Worldwide, Inc. filed by Axiom Worldwide, Inc..(Frick, Scott) Modified on 8/26/2011 (MRH). NOTE: SEE EXHIBITS TO DOCUMENT #1 COMPLAINT.
August 26, 2011 Opinion or Order Filing 19 ENDORSED ORDER granting #18 Plaintiff's Unopposed Motion for Leave to File Verified Amended Complaint. Plaintiff is directed to file its verified amended complaint by 9/2/2011. The exhibits attached to the initial verified complaint shall be deemed attached to the verified amended complaint. Defendants shall file their response to the verified amended complaint within 30 days of it being filed. Signed by Judge Virginia M. Hernandez Covington on 8/26/2011. (CR)
August 24, 2011 Filing 18 Unopposed MOTION for leave to file Verified Amended Complaint by Axiom Worldwide, Inc.. (Attachments: #1 Exhibit Verified Amended Complaint)(Frick, Scott)
August 22, 2011 Filing 17 NOTICE of designation under Local Rule 3.05 - track 2 (LS)
August 12, 2011 Filing 16 Plaintiff REPLY to #5 Counterclaim and Affirmative Defenses by Axiom Worldwide, Inc.. Related document: #5 Answer to complaintCounterclaim filed by Excite Medical Corp., Andrew Deweerd, Ryzur Medical Investment Co., LTD, Excite Diagnostics, LLC, HTRD Group Hong Kong Limited, Ryzur Medical, Inc., Eltech USA, LLC, David Ren, Saleem N. Musallam, Ryzur Medical Group.(Frick, Scott)
August 11, 2011 Filing 15 RETURN of service executed on July 5, 2011 by Axiom Worldwide, Inc. as to HTRD Group Hong Kong Limited. (Frick, Scott)
August 11, 2011 Filing 14 RETURN of service executed on July 5, 2011 by Axiom Worldwide, Inc. as to Excite Medical Corp.. (Frick, Scott)
August 11, 2011 Filing 13 RETURN of service executed on July 5, 2011 by Axiom Worldwide, Inc. as to Excite Diagnostics, LLC. (Frick, Scott)
August 11, 2011 Filing 12 RETURN of service executed on July 5, 2011 by Axiom Worldwide, Inc. as to Saleem N. Musallam. (Frick, Scott)
August 11, 2011 Filing 11 RETURN of service executed on July 5, 2011 by Axiom Worldwide, Inc. as to Andrew Deweerd. (Frick, Scott)
August 11, 2011 Filing 10 NOTICE by Axiom Worldwide, Inc. re #2 Summons issued Verified Return of Service on Deweerd (Frick, Scott) Modified on 8/11/2011 (MRH). NOTE: TERMINATED. INCORRECT CODE. ATTORNEY NOTIFIED. ATTORNEY TO REFILE.
August 11, 2011 Filing 9 NOTICE by Axiom Worldwide, Inc. re #2 Summons issued Verified Return of Service on Musallam (Frick, Scott) Modified on 8/11/2011 (MRH). NOTE: TERMINATED. INCORRECT CODE. ATTORNEY NOTIFIED. ATTORNEY TO REFILE.
August 11, 2011 Filing 8 NOTICE by Axiom Worldwide, Inc. re #2 Summons issued Verified Return of Service on Excite Diagnostics (Frick, Scott) Modified on 8/11/2011 (MRH). NOTE: TERMINATED. INCORRECT CODE. ATTORNEY NOTIFIED. ATTORNEY TO REFILE.
August 11, 2011 Filing 7 NOTICE by Axiom Worldwide, Inc. re #2 Summons issued Verified Return of Service on Excite Medical Corp. (Frick, Scott) Modified on 8/11/2011 (MRH). NOTE: TERMINATED. INCORRECT CODE. ATTORNEY NOTIFIED. ATTORNEY TO REFILE.
August 11, 2011 Filing 6 NOTICE by Axiom Worldwide, Inc. re #2 Summons issued Verified Return of Service on HTRD Group Hong Kong (Frick, Scott) Modified on 8/11/2011 (MRH). NOTE: TERMINATED. INCORRECT CODE. ATTORNEY NOTIFIED. ATTORNEY TO REFILE.
July 25, 2011 Filing 5 Defendants' ANSWER and affirmative defenses to #1 Complaint And, COUNTERCLAIM for Injunctive and Other Relief against Axiom Worldwide, Inc. by Ryzur Medical Group, David Ren, HTRD Group Hong Kong Limited, Ryzur Medical Investment Co., LTD, Excite Diagnostics, LLC, Saleem N. Musallam, Excite Medical Corp., Andrew Deweerd, Eltech USA, LLC, Ryzur Medical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Atkinson, Lee)
July 6, 2011 Filing 4 NOTICE of unavailability of counsel byAxiom Worldwide, Inc. from July 5, 2011 to July 15, 2011. (Frick, Scott)
July 5, 2011 Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 Composite Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Composite Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet) (MRH)
July 1, 2011 Filing 2 Summons issued as to Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. (MRH)
July 1, 2011 Filing 1 COMPLAINT against Andrew Deweerd, Eltech USA, LLC, Excite Diagnostics, LLC, Excite Medical Corp., HTRD Group Hong Kong Limited, Saleem N. Musallam, David Ren, Ryzur Medical Group, Ryzur Medical Investment Co., LTD, Ryzur Medical, Inc. (Filing fee $ 350 receipt number TPA 6034) filed by Axiom Worldwide, Inc.. (Attachments: #1 Composite Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Composite Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet)(MRH)

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Search for this case: Axiom Worldwide, Inc. v. HTRD Group Hong Kong Limited et al
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Defendant: HTRD Group Hong Kong Limited
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Defendant: Beijing Rong Da Shun Da Trading Co., Ltd doing business as Ryzur Medical
Represented By: Lee William Atkinson
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Defendant: Ryzur Medical Group
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Defendant: David Ren
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Defendant: Corey Brownell
Represented By: Lee William Atkinson
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Defendant: Anhui Ryzur Axiom Medical Devices Ltd
Represented By: Lee William Atkinson
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Defendant: Harlon Parchment
Represented By: Lee William Atkinson
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Defendant: Ryzur Medical Investment Co., LTD
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Defendant: Eltech USA, LLC
Represented By: Ian Thomas Holmes
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Defendant: HTRD Group Hong Kong Limited, Inc.
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Interested party: Ilya Marder
Represented By: Ian Thomas Holmes
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Interested party: Rappel Health Law Group, P.L.
Represented By: Craig M. Rappel
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Interested party: Suzanne Westfall
Represented By: Daniel F. Pilka
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Interested party: Greg Westfall
Represented By: Daniel F. Pilka
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Interested party: Frick Law Group, P.A.
Represented By: Scott Allan Frick
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Interested party: Dr. Achim Hansjurgens
Represented By: Craig M. Rappel
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Counter claimant: Saleem N. Musallam
Represented By: Zala L. Forizs
Represented By: Kenneth S. Siegel
Represented By: Lee William Atkinson
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Counter claimant: Ryzur Medical, Inc.
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Counter claimant: Beijing Ryzur Axiom Medical Investment Co. Ltd.
Represented By: Lee William Atkinson
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Counter claimant: Excite Diagnostics, LLC
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Counter claimant: Anhui Ryzur Axiom Medical Equipment Co. Ltd.
Represented By: Lee William Atkinson
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Counter claimant: Andrew Deweerd
Represented By: Zala L. Forizs
Represented By: Lee William Atkinson
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Counter claimant: Excite Medical Corp.
Represented By: Zala L. Forizs
Represented By: Kenneth S. Siegel
Represented By: Lee William Atkinson
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Intervenor: Khaled Shellah
Represented By: Ian Thomas Holmes
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Counter defendant: Axiom Worldwide, Inc.
Represented By: Scott Allan Frick
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Petitioner: James Gibson
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Garnishee: Wells Fargo Bank
Represented By: John Bradford Kent
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Garnishee: Bank of America, N.A.
Represented By: Ana Maria Jhones
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Garnishee: Bank United
Represented By: Howard S. Toland
Represented By: Anabel I. Nemrow
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Garnishee: Wells Fargo Bank N.A.
Represented By: John Bradford Kent
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Not classified by court: Peter J. Grilli
Represented By: Peter John Grilli
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