Johnson & Johnson et al v. XS Supply, LLC et al
Plaintiff: Johnson & Johnson, Ethicon, Inc. and Ethicon US, LLC
Defendant: XS Supply, LLC, Jon M. Bird, Tyler Berger, Ivan Rodimushkin, David W. Longdue, III, Brendan Thomas, Lion Heart Surgical Supply, LLC, Lion Heart Surgical Supply Corp, Fabian Conde, Janaina D. Nascimento, Pure Care Traders F.Z.E., Ali Hussain, Very Nice Deals, Inc. doing business as AK Global Med, Ashraf Abukhalaf, M/S Medserve and Pritamdas Arora
Petitioner: Randy Ware and Class 1 Inventory, LLC
Not Classified By Court: Peter J. Grilli and Glenn J. Waldman
Case Number: 8:2019cv01673
Filed: July 11, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Anthony E Porcelli
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2022 Opinion or Order Filing 350 ENDORSED ORDER: In light of the Court's order adopting the Report and Recommendations and granting the Plaintiffs' Motion for Default Judgment against the remaining defendants (Doc. # 347), the Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 8/26/2022. (Wettach, Catherine)
August 19, 2022 Filing 349 DEFAULT JUDGMENT in favor of Johnson & Johnson against Ali Hussain, Pure Care Traders F.Z.E. (Signed by Deputy Clerk) (BES)
August 19, 2022 Filing 348 DEFAULT JUDGMENT in favor of Johnson & Johnson against M/S Medserve and Pritamdas Arora (Signed by Deputy Clerk) (BES) Modified on 8/25/2022 (BES).
August 18, 2022 Opinion or Order Filing 347 ORDER: The Report and Recommendation (Doc. #346) is ACCEPTED and ADOPTED. Plaintiffs' Motion for Default Judgment (Doc. #337) is GRANTED. See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 8/18/2022. (Wettach, Catherine)
August 1, 2022 Filing 346 REPORT AND RECOMMENDATIONS re #337 MOTION for Default Judgment against Pritamdas Arora, Ali Hussain, M/S Medserve, Pure Care Traders F.Z.E. and Supporting Memorandum of Law filed by Johnson & Johnson, Ethicon, Inc., Ethicon US, LLC. Signed by Magistrate Judge Anthony E. Porcelli on 8/1/2022. (JMF)
August 1, 2022 Filing 345 Case Reassigned to Judge Virginia M. Hernandez Covington. New case number: 8:19-cv-1673-VMC-AEP. Magistrate Judge Anthony E. Porcelli no longer assigned to the case. (JNB)
August 1, 2022 Opinion or Order Filing 344 ENDORSED ORDER, directing the Case Administrator to reassign to District Judge Virginia M. Covington the remaining defendants that have not appeared. Signed by Magistrate Judge Anthony E. Porcelli on 8/1/2022. (LV)
August 1, 2022 Filing 342 Minute Entry. Virtual Proceedings held before Magistrate Judge Anthony E. Porcelli: STATUS CONFERENCE held on 8/1/2022. (digital) (LV)
July 19, 2022 Filing 341 NOTICE of Zoom hearing: Status Conference set for 8/1/2022 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Zoom login information will be sent separately to counsel of record.(JMF)
June 22, 2022 Opinion or Order Filing 340 ENDORSED ORDER granting #339 Motion to Withdraw as Attorney. Attorney Joshua R. Stein terminated as counsel of record for Plaintiffs and relieved of any further responsibility in this action. Signed by Magistrate Judge Anthony E. Porcelli on 6/22/2022. (JMF)
June 16, 2022 Filing 339 Unopposed MOTION for Joshua R. Stein to Withdraw as Attorney by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Huneycutt, Alice)
February 2, 2022 Filing 338 DECLARATION of Geoffrey Potter re #337 MOTION for Default Judgment against Pritamdas Arora, Ali Hussain, M/S Medserve, Pure Care Traders F.Z.E. and Supporting Memorandum of Law by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29)(Huneycutt, Alice)
February 2, 2022 Filing 337 MOTION for Default Judgment against Pritamdas Arora, Ali Hussain, M/S Medserve, Pure Care Traders F.Z.E. and Supporting Memorandum of Law by Ethicon, Inc., Johnson & Johnson, Ethicon US, LLC. (Huneycutt, Alice)
December 29, 2021 Filing 336 Clerk's ENTRY OF DEFAULT as to Pure Care Traders F.Z.E. (LNR)
December 29, 2021 Filing 335 Clerk's ENTRY OF DEFAULT as to Ali Hussain. (LNR)
December 29, 2021 Filing 334 Clerk's ENTRY OF DEFAULT as to M/S Medserve. (LNR)
December 29, 2021 Filing 333 Clerk's ENTRY OF DEFAULT as to Pritamdas Arora. (LNR)
December 29, 2021 Opinion or Order Filing 332 ENDORSED ORDER granting #329 Motion for Clerk's Default; granting #330 Motion for Clerk's Default. The Clerk is directed to enter a default against each of the named Defendants identified in the motions. Signed by Magistrate Judge Anthony E. Porcelli on 12/29/2021. (JMF)
December 28, 2021 Filing 331 NOTICE by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson of Intent and Proposed Case Management Plan Concerning their Claims against The Pure Care and Medserve Defendants. (Huneycutt, Alice)
December 28, 2021 Filing 330 MOTION for Clerk's Default against Ali Hussain, Pure Care Traders F.Z.E. by All Plaintiffs. (Huneycutt, Alice)
December 28, 2021 Filing 329 MOTION for Clerk's Default against Pritamdas Arora, M/S Medserve by All Plaintiffs. (Huneycutt, Alice)
December 16, 2021 Opinion or Order Filing 328 ENDORSED ORDER re #327 Notice of voluntary dismissal filed by Fabian Conde, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento, Lion Heart Surgical Supply Corp. The Counterclaim filed by Defendants Lion Heart Sugical Supply, LLC, Lion Heart Surgical Supply Corp., Fabian Conde, and Janaina D. Nascimento against Pure Care Traders F.Z.E., Ali Hussain, M/S Medserve, and Pritamas Arora is dismissed, with each party to bear its own attorneys' fees and costs. Signed by Magistrate Judge Anthony E. Porcelli on 12/16/2021. (JMF)
December 15, 2021 Filing 327 NOTICE of voluntary dismissal by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento (Barrios, Brad)
December 7, 2021 Opinion or Order Filing 326 ORDER directing a response, on or before 12/28/2021, by Plaintiffs and the Lion Heart Defendants as to the pursuit of their respective claims against the Pure Care Defendants and the Medserve Defendants in this action. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 12/7/2021. (JMF)
December 1, 2021 Opinion or Order Filing 325 ORDER granting #324 Motion to Approve Consent Judgment. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 12/1/2021. (JMF)
November 29, 2021 Filing 324 Joint MOTION to Approve Consent Judgment and Permanent Injunction between Plaintiffs and Defendants Lion Heart Surgical Supply LLC, Lion Heart Surgical Supply Corp., Fabian Conde and Janaina D. Nascimento by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Huneycutt, Alice)
October 29, 2021 Opinion or Order Filing 323 ORDER re #322 Mediation report. Pursuant to Local Rule 3.09(b), this action is DISMISSED WITHOUT PREJUDICE to the right of any party, within sixty (60) days from the date of this Order, to re-open the case for entry of a stipulated final order or a judgment or for further proceedings. The Clerk is directed to (1) administratively close the case and (2) terminate all pending deadlines. Signed by Magistrate Judge Anthony E. Porcelli on 10/29/2021. (JMF)
October 28, 2021 Filing 322 MEDIATION report of hearing held on 10/25/2021. Hearing outcome: Settled. (AG)
August 11, 2021 Filing 321 NOTICE of mediation conference/hearing to be held on Monday, October 25, 2021 at 10:00 A.M. before Glenn J. Waldman. (Huneycutt, Alice)
July 30, 2021 Opinion or Order Filing 320 ORDER appointing Glenn J. Waldman as mediator in this action. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 7/30/2021. (JMF)
July 29, 2021 Filing 319 NOTICE OF SELECTION of Glenn J. Waldman as mediator by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad)
July 26, 2021 Opinion or Order Filing 318 ENDORSED ORDER granting #317 Motion for Extension of Time to File. The parties shall have up to and including 7/29/2021 to select a mediator. Signed by Magistrate Judge Anthony E. Porcelli on 7/26/2021. (JMF)
July 19, 2021 Filing 317 Joint MOTION for Extension of Time to File Notice of Selection of Mediator by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad)
July 8, 2021 Filing 315 Minute Entry. Virtual Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 7/8/2021 re #310 Joint MOTION for Miscellaneous Relief, specifically Joint Unopposed Motion to Adjourn Dispositive Motion Deadlines MOTION to Continue Trial in Aid of Settlement filed by Johnson & Johnson, Ethicon, Inc., Ethicon US, LLC, #306 Joint MOTION to Approve Consent Judgment and Permanent Injunction between Plaintiffs and Defendants XS Supply, LLC, Jon M. Bird, Tyler Berger, Ivan Rodimushkin, David W. Longdue III and Brendan Thomas filed by Johnson & Johnson, Ethicon, Inc., Ethicon US, LLC. Court Reporter: Rebekah Lockwood (LV)
July 8, 2021 Opinion or Order Filing 314 ORDER granting #306 Motion to Approve Consent Judgment and Entry of a Permanent Injunction. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 7/8/2021. (JMF) (TDC).
July 8, 2021 Opinion or Order Filing 313 ENDORSED THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 12/10/2021, Responses due by 1/11/2022, and Replies due by 1/28/2022. Final Pretrial Conference set for 6/1/2022 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Jury Trial set for 6/27/2022 at 09:30 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Conduct mediation hearing by 11/19/2021. Lead counsel to coordinate dates. If the parties cannot agree on a mediator within ten (10) days of the date of this Order, they shall notify the Court, and a mediator will be appointed. Signed by Magistrate Judge Anthony E. Porcelli on 7/8/2021. (JMF)
July 8, 2021 Opinion or Order Filing 312 ENDORSED ORDER granting #310 Motion; granting #310 Motion to Continue. The deadlines will be rescheduled by separate order. Signed by Magistrate Judge Anthony E. Porcelli on 7/8/2021. (JMF)
July 8, 2021 Opinion or Order Filing 311 ENDORSED ORDER re #307 Stipulation of Dismissal filed by Fabian Conde, Jon M. Bird, Ivan Rodimushkin, Tyler Berger, Janaina D. Nascimento, XS Supply, LLC, David W. Longdue, III, Brendan Thomas, Lion Heart Surgical Supply, LLC, Lion Heart Surgical Supply Corp. All crossclaims asserted by the XS Supply Parties against any of the Lion Heart Parties, as identified in the Stipulation, are DISMISSED WITH PREJUDICE, with the parties to bear responsibility for their own attorneys' fees and costs. Signed by Magistrate Judge Anthony E. Porcelli on 7/8/2021. (JMF)
July 7, 2021 Filing 310 Joint MOTION for Miscellaneous Relief, specifically Joint Unopposed Motion to Adjourn Dispositive Motion Deadlines , MOTION to Continue Trial in Aid of Settlement by All Plaintiffs. (Huneycutt, Alice)
June 29, 2021 Filing 309 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Zoom Motion hearing previously scheduled for 7/8/2021 is rescheduled. New hearing time: Motion Hearing set for 7/8/2021 at 03:30 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The new Zoom login information will be sent separately. Please disregard the prior Zoom login information.(JMF)
June 24, 2021 Filing 308 NOTICE of Zoom hearing on motion re #306 Joint MOTION to Approve Consent Judgment and Permanent Injunction between Plaintiffs and Defendants XS Supply, LLC, Jon M. Bird, Tyler Berger, Ivan Rodimushkin, David W. Longdue III and Brendan Thomas. Motion Hearing set for 7/8/2021 at 04:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Zoom login information will be sent separately.(JMF)
June 23, 2021 Filing 307 STIPULATION of Dismissal with Prejudice of XS Supply Parties' Crossclaims Against Lion Heart Parties (Joint) by Tyler Berger, Jon M. Bird, Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, David W. Longdue, III, Janaina D. Nascimento, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Centrone, Gus)
June 23, 2021 Filing 306 Joint MOTION to Approve Consent Judgment and Permanent Injunction between Plaintiffs and Defendants XS Supply, LLC, Jon M. Bird, Tyler Berger, Ivan Rodimushkin, David W. Longdue III and Brendan Thomas by All Plaintiffs. (Huneycutt, Alice)
June 11, 2021 Opinion or Order Filing 305 ENDORSED ORDER denying without prejudice #274 Motion for Summary Judgment; granting #304 Motion to Adjourn Dispositive Motion Deadlines in Aid of Settlement. The amended deadlines are adopted as set forth in the motion. To the extent necessary, the Lion Heart Defendants may renew their motion for summary judgment against the XS Supply Defendants in accordance with the revised briefing schedule. Signed by Magistrate Judge Anthony E. Porcelli on 6/11/2021. (JMF)
June 11, 2021 Filing 304 Joint MOTION for Miscellaneous Relief, specifically Joint Unopposed Motion by Plaintiffs, XS Supply Defendants, and the Lion Heart Defendants to Adjourn Dispositive Motion Deadlines in Aid of Settlement by All Plaintiffs. (Huneycutt, Alice)
June 8, 2021 Opinion or Order Filing 303 ENDORSED ORDER denying as moot #301 Motion to Quash; denying as moot #301 Motion for Protective Order. The motion has been withdrawn #302. Signed by Magistrate Judge Anthony E. Porcelli on 6/8/2021. (JMF)
June 3, 2021 Filing 302 NOTICE of withdrawal of motion by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento re #301 MOTION to Quash Subpoena to the United States Attorney's Office for the Eastern District of Kentucky or, in the Alternative, MOTION for Protective Order filed by Fabian Conde, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento, Lion Heart Surgical Supply Corp (Barrios, Brad)
May 28, 2021 Filing 301 MOTION to Quash Subpoena to the United States Attorney's Office for the Eastern District of Kentucky or, in the Alternative MOTION for Protective Order by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barrios, Brad) Modified to add additional relief event on 6/1/2021 (AG). Modified text on 6/8/2021 (JNB).
April 23, 2021 Filing 300 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: David Collier. (JLD)
April 22, 2021 Filing 299 TRANSCRIPT of motion hearing held on April 16, 2021 before Magistrate Judge Anthony E. Porcelli. Court Reporter David J. Walker-Collier, Telephone number (813) 301-5575. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 5/13/2021 Redacted Transcript Deadline set for 5/24/2021 Release of Transcript Restriction set for 7/21/2021. (DJC)
April 16, 2021 Opinion or Order Filing 297 ENDORSED SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 6/21/2021; responses to dispositive motions due by 7/21/2021; replies due by 8/6/2021. Final Pretrial Conference set for 1/26/2022 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Jury Trial set for 2/28/2022 at 09:30 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Signed by Magistrate Judge Anthony E. Porcelli on 4/16/2021. (JMF) Modified on 4/19/2021 (JLD).
April 16, 2021 Opinion or Order Filing 296 ENDORSED ORDER denying #284 Motion for Protective Order; granting #287 Motion for Extension of Time to Complete Discovery; denying as moot #289 Motion to Quash; denying as moot #289 Motion for Protective Order; denying #284 Motion to Quash; granting in part and denying in part #292 Motion to Quash; granting in part and denying in part #292 Motion for Protective Order for the reasons stated and to the extent articulated during the hearing. A Second Amended Case Management and Scheduling Order will be entered separately outlining the new deadlines. Signed by Magistrate Judge Anthony E. Porcelli on 4/16/2021. (JMF)
April 16, 2021 Filing 295 Minute Entry. Virtual Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 4/16/2021 re #292 Amended MOTION to Quash or Modify Subpoena or, in the Alternative, for Protective Order MOTION for Protective Order filed by Fabian Conde, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento, Lion Heart Surgical Supply Corp, #287 MOTION for Extension of Time to Complete Discovery For Two Subpoenas For Good Cause filed by Johnson & Johnson, Ethicon, Inc., Ethicon US, LLC, #284 MOTION for Protective Order or to Quash Untimely Subpoena MOTION to Quash filed by Jon M. Bird, Brendan Thomas, David W. Longdue, III, Ivan Rodimushkin, Tyler Berger, XS Supply, LLC, #289 MOTION to Quash or Modify Subpoena or, in the Alternative, for Protective Order MOTION for Protective Order filed by Fabian Conde, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento, Lion Heart Surgical Supply Corp. Court Reporter: David Collier (LV)
April 9, 2021 Filing 294 MEMORANDUM in opposition re #284 Motion for Protective Order, Motion to Quash, #289 Motion to Quash, Motion for Protective Order filed by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit D, #2 Exhibit E)(Huneycutt, Alice) Modified on 4/12/2021 (JLD).
April 8, 2021 Filing 293 RESPONSE in Opposition re #287 MOTION for Extension of Time to Complete Discovery For Two Subpoenas For Good Cause filed by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad)
April 8, 2021 Filing 292 Amended MOTION to Quash or Modify Subpoena or, in the Alternative, for Protective Order by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad) . Added MOTION for Protective Order on 4/8/2021 (JLD).
April 7, 2021 Filing 291 RESPONSE in Opposition re #287 MOTION for Extension of Time to Complete Discovery For Two Subpoenas For Good Cause and Supporting Memorandum of Law filed by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Centrone, Gus)
April 2, 2021 Filing 290 NOTICE of Zoom hearing on motion re #289 MOTION to Quash or Modify Subpoena or, in the Alternative, for Protective Order MOTION for Protective Order. Motion Hearing set for 4/16/2021 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The parties should use the Zoom login information previously sent for the hearing on the #284 Motion for Protective Order or to Quash.(JMF)
April 1, 2021 Filing 289 MOTION to Quash or Modify Subpoena or, in the Alternative, for Protective Order by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad) Added MOTION for Protective Order on 4/1/2021 (JLD).
March 29, 2021 Filing 288 NOTICE of Zoom hearing on motion re #287 MOTION for Extension of Time to Complete Discovery For Two Subpoenas For Good Cause. Motion Hearing set for 4/16/2021 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The parties should use the Zoom login information previously sent for the hearing on the #284 Motion for Protective Order or to Quash.(JMF)
March 26, 2021 Filing 287 MOTION for Extension of Time to Complete Discovery For Two Subpoenas For Good Cause by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Huneycutt, Alice)
March 26, 2021 Opinion or Order Filing 286 ENDORSED ORDER granting #283 Motion for Extension of Time to Complete Discovery. The Court adopts the deadlines set forth in the motion. The Final Pretrial Conference and Trial will be rescheduled by separate notice. The parties should come to the April 16, 2021 hearing prepared to discuss new dates for each. Signed by Magistrate Judge Anthony E. Porcelli on 3/26/2021. (JMF)
March 26, 2021 Filing 285 NOTICE of Zoom hearing on motion re #284 MOTION for Protective Order or to Quash Untimely Subpoena. Motion Hearing set for 4/16/2021 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Zoom login information will be sent separately.(JMF)
March 26, 2021 Filing 284 MOTION for Protective Order or to Quash Untimely Subpoena by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Attachments: #1 Exhibit A)(Centrone, Gus) . Added MOTION to Quash on 4/2/2021 (JNB).
March 26, 2021 Filing 283 Joint MOTION for Extension of Time to Complete Discovery and Revised Case Schedule by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Huneycutt, Alice)
March 22, 2021 Filing 282 REPLY to Response to Motion re #274 MOTION for Summary Judgment Against XS Supply Defendants Regarding Cross-Claim filed by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad)
March 11, 2021 Opinion or Order Filing 281 ENDORSED ORDER granting #280 Motion for Extension of Time to File Response / Reply re #274 MOTION for Summary Judgment Against XS Supply Defendants Regarding Cross-Claim. Replies due on or before 3/22/2021. Signed by Magistrate Judge Anthony E. Porcelli on 3/11/2021. (JMF)
March 11, 2021 Filing 280 Unopposed MOTION for Extension of Time to File Response/Reply as to #279 Response in Opposition to Motion for Summary Judgment by Fabian Conde, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad)
March 1, 2021 Filing 279 RESPONSE in Opposition re #274 MOTION for Summary Judgment Against XS Supply Defendants Regarding Cross-Claim filed by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Centrone, Gus)
February 25, 2021 Opinion or Order Filing 278 ENDORSED ORDER granting #277 Motion to File Excess Pages. The XS Supply Defendants may file a response up to 23 pages in length. Signed by Magistrate Judge Anthony E. Porcelli on 2/25/2021. (JMF)
February 25, 2021 Filing 277 Unopposed MOTION to File Excess Pages by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Centrone, Gus)
February 10, 2021 Opinion or Order Filing 276 ENDORSED ORDER granting #275 Motion for Extension of Time to File Response / Reply re #274 MOTION for Summary Judgment Against XS Supply Defendants Regarding Cross-Claim. Responses due on or before 3/1/2021. Signed by Magistrate Judge Anthony E. Porcelli on 2/10/2021. (JMF)
February 10, 2021 Filing 275 Unopposed MOTION for Extension of Time to File Response/Reply as to #274 MOTION for Summary Judgment Against XS Supply Defendants Regarding Cross-Claim by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Centrone, Gus)
February 1, 2021 Filing 274 MOTION for Summary Judgment Against XS Supply Defendants Regarding Cross-Claim by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Attachments: #1 Exhibit A)(Barrios, Brad)
October 27, 2020 Reset Deadlines: Discovery due by 3/26/2021; Dispositive motions due by 4/23/2021. (AG)
October 26, 2020 Opinion or Order Filing 273 ORDER denying as moot #268 Motion to Dismiss; granting #270 Motion. XS Supply's Counterclaim #246 is dismissed with prejudice. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 10/26/2020. (JMF)
October 26, 2020 Opinion or Order Filing 272 ORDER denying as moot #264 Motion for Protective Order; denying as moot #264 Motion to Stay; granting #269 Motion for Extension of Time to Complete Discovery. The Clerk is directed to update the deadlines set forth in the Order. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 10/26/2020. (JMF)
October 20, 2020 Filing 271 NOTICE canceling Hearing on Motion scheduled for 10/27/2020. (JMF)
October 14, 2020 Filing 270 MOTION for Miscellaneous Relief, specifically for an order approving stipulated motion re #246 Answer to amended complaint, Crossclaim, Counterclaim, #268 MOTION to Dismiss Counterclaim filed by XS Supply, LLC, Jon M. Bird, Tyler Berger, Ivan Rodimuskin, David W. Longdue, III, and Brendan Thomas and Supporting Memorandum of Law Stipulated Motion Concerning XS Supply's Counterclaim and Ethicon's Motion to Dismiss by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Huneycutt, Alice) Modified event and text on 10/21/2020 (JNB).
October 13, 2020 Filing 269 MOTION for Extension of Time for case management deadlines re #264 MOTION for Protective Order Regarding the Depositions of the Lion Heart Defendants and to Temporarily Stay Case Pending Completion of Criminal Proceedings MOTION to Stay, 265 Notice of hearing on motion and Motion and (proposed) Order Concerning Stay of Party Depositions and Revised Case Schedule by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Huneycutt, Alice) Modified on 10/14/2020 (JNB).
October 9, 2020 Filing 268 MOTION to Dismiss Counterclaim filed by XS Supply, LLC, Jon M. Bird, Tyler Berger, Ivan Rodimuskin, David W. Longdue, III, and Brendan Thomas and Supporting Memorandum of Law by All Plaintiffs. (Huneycutt, Alice)
October 9, 2020 Filing 267 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)
October 9, 2020 Filing 266 TRANSCRIPT of Motion Hearing held on 09-10-20 before Judge Anthony E. Porcelli. 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 10/30/2020, Redacted Transcript Deadline set for 11/9/2020, Release of Transcript Restriction set for 1/7/2021. (HWJ)
October 5, 2020 Filing 265 NOTICE of hearing on motion re #264 MOTION for Protective Order Regarding the Depositions of the Lion Heart Defendants and to Temporarily Stay Case Pending Completion of Criminal Proceedings MOTION to Stay. Motion Hearing set for 10/27/2020 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and will send the login information separately.(JMF)
October 2, 2020 Filing 264 MOTION for Protective Order Regarding the Depositions of the Lion Heart Defendants and to MOTION to Temporarily STAY Case Pending Completion of Criminal Proceedings by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Lamb, Adam) . Added MOTION to Stay on 10/5/2020 (MCB). Modified event and text on 10/5/2020 (MCB).
October 2, 2020 Filing 263 NOTICE of compliance re 262 Order on Motion to Appear Pro Hac Vice With Fee and Electronic Filing Requirements - J. Lash by Ethicon US, LLC, Ethicon, Inc. (Huneycutt, Alice)
September 30, 2020 Opinion or Order Filing 262 ENDORSED ORDER granting #259 Motion to Appear Pro Hac Vice. Attorney Jacqueline Lash may appear pro hac vice on behalf of Plaintiffs, with Attorney Alice R. Huneycutt designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 9/30/2020. (JMF)
September 29, 2020 Filing 261 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT of July 15, 2020 motion hearing. 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: David Collier. (DJC)
September 29, 2020 Filing 260 TRANSCRIPT of motion hearing held on July 15, 2020 before Magistrate Judge Anthony E. Porcelli. Court Reporter David J. Collier, Telephone number (813) 301-5575. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/20/2020, Redacted Transcript Deadline set for 10/30/2020, Release of Transcript Restriction set for 12/28/2020. (DJC)
September 25, 2020 Filing 259 MOTION for Jacqueline Lash to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17354727 for $150 by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Huneycutt, Alice)
September 14, 2020 Opinion or Order Filing 258 ORDER granting in part and denying in part #226 Motion for Protective Order. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 9/14/2020. (JMF)
September 10, 2020 Filing 256 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 9/10/2020 re #226 MOTION for Protective Order against improper topics in defendants' Notice of Rule 30(b)(6) depositions filed by Johnson & Johnson, Ethicon, Inc., Ethicon US, LLC. Court Reporter: Bill Jones (AMS)
September 2, 2020 Filing 255 STIPULATION re #122 Response, #93 Answer to amended complaintCrossclaim, #246 Answer to amended complaintCrossclaimCounterclaim Regarding XS Supply, LLC's Crossclaim by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad)
September 1, 2020 Filing 254 NOTICE of hearing on motion re #226 MOTION for Protective Order. Motion Hearing set for 9/10/2020 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and will send out the login information separately.(JMF)
September 1, 2020 Opinion or Order Filing 253 ENDORSED ORDER granting #243 Motion to Quash for the reasons stated during the hearing. Signed by Magistrate Judge Anthony E. Porcelli on 9/1/2020. (JMF)
September 1, 2020 Opinion or Order Filing 252 ORAL ORDER granting 251 Motion for Extension of Time to File Response / Reply for 30 days. Signed by Magistrate Judge Anthony E. Porcelli on 9/1/2020. (LV)
September 1, 2020 Filing 251 ORAL MOTION for Extension of Time to File Response/Reply to the counter claim, for 30 days, by All Plaintiffs. (LV)
September 1, 2020 Filing 250 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 9/1/2020 re #243 MOTION to Quash Subpoena Duces Tecum to Non-Parties filed by Randy Ware. Court Reporter: Bill Jones (LV)
August 20, 2020 Opinion or Order Filing 249 ENDORSED ORDER granting #248 Motion to Withdraw as Attorney. Attorney Ronald J. Marlowe is terminated as counsel of record and relieved of any further responsibility in this action. The Clerk is directed to terminate Defendant Ashraf Abukhalaf as a party to this action. Signed by Magistrate Judge Anthony E. Porcelli on 8/20/2020. (JMF)
August 20, 2020 Filing 248 Unopposed MOTION for Ronald J. Marlowe to Withdraw as Attorney by Ashraf Abukhalaf, Very Nice Deals, Inc.. (Marlowe, Ronald)
August 20, 2020 Filing 247 NOTICE OF RESCHEDULING HEARING: The Motion Hearing previously scheduled for 08/27/2020 is rescheduled. New scheduling date and time: Motion Hearing set for 9/1/2020 at 03:30 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and will send out the login information separately.(JMF)
August 19, 2020 Filing 246 ANSWER and affirmative defenses with Jury Demand to #116 Amended Complaint (Second), CROSSCLAIM against Janaina D. Nascimento, Lion Heart Surgical Supply, LLC, Fabian Conde, Lion Heart Surgical Supply Corp, COUNTERCLAIM against All Plaintiffs by Tyler Berger, XS Supply, LLC, Jon M. Bird, Ivan Rodimushkin, Brendan Thomas, David W. Longdue, III.(Centrone, Gus)
August 17, 2020 Filing 245 RESPONSE to Motion re #243 MOTION to Quash Subpoena Duces Tecum to Non-Parties filed by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Centrone, Gus)
August 17, 2020 Filing 244 NOTICE of hearing on motion re #243 MOTION to Quash Subpoena Duces Tecum to Non-Parties, #226 MOTION for Protective Order. Motion Hearing set for 8/27/2020 at 03:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and will send out the login information separately.(JMF)
August 11, 2020 Filing 243 MOTION to Quash Subpoena Duces Tecum to Non-Parties by Randy Ware. (Stanton, Michael)
July 29, 2020 Opinion or Order Filing 242 ENDORSED ORDER granting #241 Motion for Extension of Time to Complete Discovery; granting #241 Motion for Extension of Time to File. The discovery deadline is extended up to and including 12/8/2020. The deadline for dispositive motions is extended up to and including 1/11/2021. The deadline for responses to dispositive motions is extended up to and including 3/8/2021. All other deadlines remain. Signed by Magistrate Judge Anthony E. Porcelli on 7/29/2020. (JMF)
July 29, 2020 Filing 241 Joint MOTION for Extension of Time to Complete Discovery , Joint MOTION for Extension of Time to File Dispositive Motions by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad)
July 27, 2020 Filing 240 NOTICE of change of address by Adam J. Lamb (Lamb, Adam)
July 22, 2020 Filing 239 RESPONSE in Opposition re #226 MOTION for Protective Order on Defendants' Notices of Rule 30(b)(6) Depositions filed by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (Barrios, Brad)
July 22, 2020 Filing 238 RESPONSE to Motion re #226 MOTION for Protective Order filed by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Centrone, Gus)
July 15, 2020 Sealed Documents S-9, S-104, S-121, S-144, S-163 and S-164. (JNB)
July 15, 2020 Opinion or Order Filing 237 ORDER denying without prejudice #207 Motion to Modify; granting #208 Motion to Compel; and granting in part and denying in part #213 Motion for Protective Order. Signed by Magistrate Judge Anthony E. Porcelli on 7/15/2020. (JMF)
July 15, 2020 Opinion or Order Filing 235 ORDER re #212 Notice of exparte filing filed by Johnson & Johnson, Ethicon, Inc., Ethicon US, LLC, #120 Order on Motion to Expedite, #228 Status report filed by Johnson & Johnson, Ethicon, Inc., Ethicon US, LLC. The Clerk is directed to UNSEAL the case but shall maintain 9, 104, 121, 144, 163, and 164 under seal. Within fourteen (14) days of the date of this Order, Plaintiffs shall submit redacted versions of those docket entries. The #120 Amended Expedited Discovery Order is dissolved. The Clerk is directed to provide an electronic copy of this Order to the parties. Signed by Magistrate Judge Anthony E. Porcelli on 7/15/2020. (JMF)
July 15, 2020 Filing 234 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 7/15/2020 re #213 MOTION for Protective Order filed by XS Supply, LLC, #207 MOTION to Modify #60 Order on Motion for Miscellaneous ReliefOrder on Motion for Preliminary InjunctionOrder on Motion for Order to Show Cause filed by Jon M. Bird, Brendan Thomas, David W. Longdue, III, Ivan Rodimushkin, Tyler Berger, XS Supply, LLC, #208 MOTION to Compel discovery from plaintiffs filed by Jon M. Bird, Brendan Thomas, David W. Longdue, III, Ivan Rodimushkin, Tyler Berger, XS Supply, LLC. Court Reporter: David Collier (LV)
July 15, 2020 Filing 233 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: STATUS CONFERENCE held on 7/15/2020. Court Reporter: David Collier (LV)
July 13, 2020 Opinion or Order Filing 232 ENDORSED ORDER denying as moot #223 Motion to Quash; denying as moot #223 Motion for Protective Order, given the withdrawal of the motions #229. The 2:00 p.m. Zoom hearing on 7/15/2020 is canceled as to those motions ONLY, and Non-Party Class 1 Inventory is excused from attending the 7/15/2020 hearing. The 2:00 p.m. hearing on 7/15/2020 shall go forward as to the remaining motions previously set for hearing: #207 XS Supply Defendants' Motion to Modify Temporary Injunction; #208 XS Supply Defendants' Renewed Motion to Compel Discovery from Plaintiffs; and #213 XS Supply, LLC's Motion for Protective Order Limiting Scope of Deposition. The Clerk is DIRECTED to provide an electronic copy of this Order to the parties and to Non-Party Class 1 Inventory. Signed by Magistrate Judge Anthony E. Porcelli on 7/13/2020. (JMF)
July 13, 2020 Filing 231 ENTERED IN ERROR. Modified text and image on 7/13/2020 (LNR).
July 10, 2020 Filing 230 MEMORANDUM in opposition re #213 Motion for Protective Order filed by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (LNR)
July 9, 2020 Filing 229 NOTICE of withdrawal of motion by Class 1 Inventory, LLC re #223 MOTION to Quash subpoena MOTION for Protective Order filed by Class 1 Inventory, LLC. (MCB)
July 9, 2020 Filing 228 STATUS report update regarding maintaining this action under seal by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (MCB)
July 8, 2020 Filing 227 DECLARATION of Geoffrey Potter re #226 MOTION for Protective Order by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (MCB)
July 8, 2020 Filing 226 MOTION for and Memorandum of Law in Support of a Protective Order against improper topics in defendants' Notice of Rule 30(b)(6) depositions by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (MCB)
July 6, 2020 Filing 225 NOTICE of hearing: re: #212 Notice of exparte filing. Miscellaneous Hearing set for 7/15/2020 at 01:45 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and will send the Zoom login information separately. The Clerk is directed to provide electronic notice of this hearing ONLY to Plaintiffs.(JMF)
July 6, 2020 Filing 224 NOTICE of hearing on motion re #223 MOTION to Quash subpoena and MOTION for Protective Order. Motion Hearing set for 7/15/2020 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and will send the Zoom login information separately. Plaintiffs shall provide notice to Non-Party Class 1 Inventory, LLC of the hearing forthwith. The Clerk shall also provide electronic notice of this hearing to all parties and to Non-Party Class 1 Inventory, LLC at the e-mail addresses provided in the motion #223.(JMF)
July 2, 2020 Filing 223 MOTION to Quash subpoena, MOTION for Protective Order regarding subpoena by Class 1 Inventory, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(MCB)
July 1, 2020 Filing 222 RESPONSE by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson re #208 MOTION to Compel discovery from plaintiffs. (LSS) Modified on 7/2/2020 (AG).
July 1, 2020 Filing 221 RESPONSE by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson re #207 MOTION to Modify #60 Order on Motion for Miscellaneous Relief Order on Motion for Preliminary Injunction Order on Motion for Order to Show Cause. (LSS) Modified on 7/2/2020 (AG).
July 1, 2020 Opinion or Order Filing 220 ORDER granting #214 Motion to Quash to the extent set forth therein. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 7/1/2020. (JMF)
July 1, 2020 Filing 219 NOTICE of hearing on motion re #208 MOTION to Compel discovery from Plaintiffs; #207 MOTION to Modify #60 Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction, Order on Motion for Order to Show Cause; and #213 MOTION for Protective Order. Motion Hearing set for 7/15/2020 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Court will conduct the hearing via Zoom and will send the Zoom login information separately.(JMF)
July 1, 2020 Filing 217 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 7/1/2020 re #214 MOTION to Quash Defendant Lionheart Surgical Supply's ("Lionheart") Subpoena for testimony. filed by Randy Ware. (digital) (LV)
July 1, 2020 Filing 216 RESPONSE in Opposition re #214 MOTION to Quash Defendant Lionheart Surgical Supply's ("Lionheart") Subpoena for testimony. filed by Lion Heart Surgical Supply Corp. (AG) Modified text on 7/13/2020 (LNR).
July 1, 2020 Filing 215 NOTICE of telephonic hearing on motion re #214 MOTION to Quash Defendant Lionheart Surgical Supply's ("Lionheart") Subpoena for testimony. Telephonic Motion Hearing set for 7/1/2020 at 03:30 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The parties shall appear telephonically at the hearing by calling toll-free number 1-888-684-8852 on the day of the hearing and entering access code 8895301 followed by security code 0701 when prompted. The Lionheart Defendants shall provide notice to Mr. Ware of the hearing forthwith. The Clerk shall also provide electronic notice of this hearing to all parties and to Mr. Ware at the e-mail addresses provided in the motion #214.(JMF)
June 30, 2020 Filing 214 MOTION to Quash Defendant Lionheart Surgical Supply's ("Lionheart") Subpoena for Testimony by Randy Ware. (TDC)
June 26, 2020 Filing 213 MOTION for Protective Order by XS Supply, LLC. (Attachments: #1 Exhibit A & B)(LSS)
June 19, 2020 Filing 212 ***NOTICE of exparte filing of Status Report by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit)(LSS)
June 18, 2020 Opinion or Order Filing 211 ENDORSED ORDER granting #210 Motion for Extension of Time to File Response / Reply re #208 MOTION to Compel discovery from plaintiffs and #207 MOTION to Modify #60 Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction, Order on Motion for Order to Show Cause. Plaintiffs' response due on or before 7/1/2020. Signed by Magistrate Judge Anthony E. Porcelli on 6/18/2020. (JMF)
June 17, 2020 Filing 210 MOTION for Extension of Time to File Response/Reply as to #208 MOTION to Compel discovery from plaintiffs by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Text of Proposed Order)(LSS)
June 10, 2020 Filing 208 MOTION to Compel discovery from plaintiffs by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(AG)
June 10, 2020 Filing 207 MOTION and supporting memorandum of law to Modify #60 Order on Motion for Preliminary Injunction, by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Attachments: #1 Exhibit A)(AG)
June 3, 2020 Filing 206 MEDIATION report. Hearing held on 6/1/20. Hearing outcome: impasse. (JNB)
May 15, 2020 Opinion or Order Filing 205 ORDER granting #204 Motion to Approve Consent Judgment. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 5/15/2020. (JMF)
May 13, 2020 Filing 204 MOTION for entry of Consent Judgment and Permanent Injunction between Plaintiffs and Defendants Very Nice Deals, Inc. d/b/a AK Global Med and Ashraf Abukhalaf by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Proposed Consent Judgment and Permanent Injunction)(AG)
May 7, 2020 Opinion or Order Filing 203 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/8/2020, Dispositive motions due by 10/9/2020, Plaintiff disclosure of expert report due by 5/8/2020, Defendant disclosure of expert report due by 6/5/2020, Final Pretrial Conference set for 9/2/2021 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli, Jury Trial set for 10/4/2021 at 09:30 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 5/7/2020. (JMF)
May 7, 2020 Filing 202 EX PARTE STATUS report to maintain case under seal by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (MCB)
May 1, 2020 Filing 201 Joint NOTICE of preferred Trial Date by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson re 198 Order on Motion for Extension of Time to Complete Discovery (MCB)
April 24, 2020 Filing 199 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: SEALED TELEPHONIC MOTION HEARING held on 4/24/2020. (DIGITAL) (ABC)
April 24, 2020 Opinion or Order Filing 198 ENDORSED ORDER granting #191 Motion for Extension of Time to Complete Discovery. An amended case management and scheduling order will be entered separately, upon notice by the parties of their preferred trial date. Signed by Magistrate Judge Anthony E. Porcelli on 4/24/2020. (JMF)
April 24, 2020 Opinion or Order Filing 197 ENDORSED ORDER granting #196 Motion to participate in mediation by electronic means. All parties may participate in the mediation conference through the use of reliable electronic means. Signed by Magistrate Judge Anthony E. Porcelli on 4/24/2020. (JMF)
April 21, 2020 Filing 196 MOTION for Miscellaneous Relief, specifically to participate in mediation by electronic means by Ashraf Abukhalaf, Very Nice Deals, Inc. (MCB)
April 16, 2020 Opinion or Order Filing 195 ENDORSED ORDER granting #192 Motion for Alternative Service of Process for the same reasons articulated in the Court's prior Order #115. Signed by Magistrate Judge Anthony E. Porcelli on 4/16/2020. (JMF)
April 16, 2020 Filing 194 NOTICE of telephonic hearing on motion re #191 MOTION for Extension of Time to Complete Discovery. Telephonic Motion Hearing set for 4/24/2020 at 02:30 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The parties shall appear telephonically at the hearing by calling toll-free number 1-888-684-8852 on the day of the hearing and entering access code 8895301 followed by security code 0424 when prompted.(JMF)
April 15, 2020 Filing 193 ANSWER and affirmative defenses to Complaint with Jury Demand, CROSSCLAIM against Pritamdas Arora, Ali Hussain, M/S Medserve, Pure Care Traders F.Z.E. by Lion Heart Surgical Supply, LLC, Fabian Conde, Lion Heart Surgical Supply Corp, Janaina D. Nascimento. (Attachments: #1 Exhibit A thru E)(LSS)
April 15, 2020 Filing 192 MOTION for Miscellaneous Relief, specifically for alternative service of process and incorporated memorandum of law by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (LSS)
April 15, 2020 Filing 191 MOTION for Extension of Time to Complete Discovery and Dispositive Motion Deadlines by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (LSS)
April 13, 2020 Opinion or Order Filing 190 ENDORSED ORDER granting #189 Motion to Continue. The deadline for the Lion Heart Defendants to submit an amended pleading is extended up to and including April 15, 2020. Signed by Magistrate Judge Anthony E. Porcelli on 4/13/2020. (JMF)
April 10, 2020 Filing 189 MOTION to extend deadline to amend pleadings by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (AG)
March 25, 2020 Filing 188 NOTICE of Appearance by Adam J. Lamb on behalf of Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (BSN)
March 25, 2020 Opinion or Order Filing 187 ENDORSED ORDER granting #184 Motion to Withdraw as Attorney; Attorneys Dineen Pashoukos Wasylik, David P. Reiner, II, and Samuel B. Reiner, II terminated; granting #185 Motion to Withdraw as Attorney; Attorneys Dineen Pashoukos Wasylik, David P. Reiner, II, and Samuel B. Reiner, II terminated. Attorneys Dineen Pashoukos Wasylik, David P. Reiner, II, and Samuel B. Reiner, II are terminated as counsel of record for Defendants Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento and relieved of any further responsibility in this action. The Clerk is directed to update the electronic service list to reflect the removal of those Attorneys and the addition of Attorneys Brad F. Barrios and Kenneth G. Turkel. Signed by Magistrate Judge Anthony E. Porcelli on 3/25/2020. (JMF)
March 23, 2020 Filing 186 EX PARTE STATUS report to maintain case under seal by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (TDC)
March 23, 2020 Filing 185 UNOPPOSED MOTION for Samuel B. Reiner, II and David P. Reiner, II to Withdraw as Attorney by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (TDC)
March 23, 2020 Filing 184 UNOPPOSED MOTION for Dineen Pashoukos Wasylik to Withdraw as Attorney by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (TDC)
March 16, 2020 Opinion or Order Filing 183 ORDER appointing Peter J. Grilli as mediator in this action. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 3/16/2020. (JMF)
March 13, 2020 Filing 182 NOTICE OF SELECTION and Scheduling of Mediation of Peter A. Grilli as mediator by Ethicon US, LLC, Ethicon, Inc. (LNR)
March 6, 2020 Filing 181 NOTICE of Appearance by Kenneth George Turkel on behalf of Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento (JNB)
March 6, 2020 Filing 180 NOTICE of Appearance by Brad F. Barrios on behalf of Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (JNB)
March 6, 2020 Opinion or Order Filing 179 ENDORSED ORDER granting in part and denying in part #165 Motion to Compel for the reasons stated at the hearing. The motion is granted as to Interrogatory Nos. 7 and 8; denied without prejudice as to Interrogatory No. 2; and denied as moot as to the Requests for Production. Signed by Magistrate Judge Anthony E. Porcelli on 3/6/2020. (JMF)
March 6, 2020 Opinion or Order Filing 178 ENDORSED ORDER denying #158 Motion to Dismiss; denying #158 Motion to Strike for the reasons stated at the hearing. The motions are denied as to all claims, with the exception of the Florida Deceptive and Unfair Trade Practices claim, which the Court takes under advisement. Signed by Magistrate Judge Anthony E. Porcelli on 3/6/2020. (JMF)
March 6, 2020 Opinion or Order Filing 177 ORAL ORDER granting 176 Motion to extend mediation deadline by seven days. Signed by Magistrate Judge Anthony E. Porcelli on 3/6/2020. (LV)
March 6, 2020 Filing 176 ORAL MOTION to extend mediation deadline by seven days by All Plaintiffs. (LV)
March 6, 2020 Filing 174 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 3/6/2020 re #165 MOTION to Compel discovery filed by Jon M. Bird, Brendan Thomas, David W. Longdue, III, Ivan Rodimushkin, Tyler Berger, XS Supply, LLC, #158 MOTION to Dismiss second amended complaint MOTION to Strike filed by Jon M. Bird, Brendan Thomas, David W. Longdue, III, Tyler Berger, XS Supply, LLC. (digital) (LV)
February 18, 2020 Filing 173 RESPONSE in Opposition re #165 MOTION to Compel discovery filed by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B)(AG)
February 18, 2020 Filing 172 NOTICE of hearing on motion re #158 MOTION to Dismiss second amended complaint MOTION to Strike, #165 MOTION to Compel discovery. Motion Hearing set for 3/6/2020 at 11:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. (JMF)
February 18, 2020 Filing 171 NOTICE canceling Motion hearing scheduled for 02/27/2020. (JMF)
February 18, 2020 Opinion or Order Filing 170 ENDORSED ORDER granting #169 Motion to Continue. The hearing will be rescheduled by separate notice. Signed by Magistrate Judge Anthony E. Porcelli on 2/18/2020. (JMF)
February 12, 2020 Filing 169 UNOPPOSED MOTION to Continue motion hearing set for 2/27/20 by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (JNB)
February 10, 2020 Filing 168 EX PARTE STATUS report to maintain case under seal by Ethicon US, LLC, Ethicon, Inc., Johnson & Johnson. (JNB)
February 7, 2020 Filing 167 NOTICE of hearing on motion re #158 MOTION to Dismiss second amended complaint MOTION to Strike, #165 MOTION to Compel discovery. Motion Hearing set for 2/27/2020 at 11:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. (JMF)
February 6, 2020 Filing 166 RESPONSE in Opposition re #158 MOTION to Dismiss second amended complaint MOTION to Strike filed by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (LSS)
February 3, 2020 Filing 165 MOTION to Compel discovery by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(JNB)
January 17, 2020 Filing 162 ANSWER and affirmative defenses to #116 Amended Complaint by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento.(JNB)
January 17, 2020 Opinion or Order Filing 161 ENDORSED ORDER granting #160 Motion for Extension of Time to File Response/Reply re #158 MOTION to Dismiss second amended complaint MOTION to Strike. Responses due on or before 2/6/2020. Signed by Magistrate Judge Anthony E. Porcelli on 1/17/2020. (JMF)
January 17, 2020 Filing 160 MOTION for Extension of Time to File Response as to #158 MOTION to Dismiss second amended complaint MOTION to Strike by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Text of Proposed Order)(AG)
January 13, 2020 Filing 159 CONSENT to trial by U.S. Magistrate Judge by Ashraf Abukhalaf, Very Nice Deals, Inc. (LSS)
January 9, 2020 Filing 158 MOTION to Dismiss second amended complaint, MOTION to Strike certain claims by Tyler Berger, Jon M. Bird, David W. Longdue, III, Brendan Thomas, XS Supply, LLC. (JNB)
January 9, 2020 Opinion or Order Filing 157 ENDORSED ORDER directing the Clerk to send an electronic copy of the docket with the list of docket entries to all parties. Thereafter, on the first of every month, the Clerk is directed to send an electronic copy of any new docket entries submitted since the dissemination of the prior docket entries to the parties. Signed by Magistrate Judge Anthony E. Porcelli on 1/9/2020. (JMF)
January 9, 2020 Opinion or Order Filing 156 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/10/2020, Joinder of Parties due by 4/10/2020, Discovery due by 7/7/2020, Dispositive motions due by 9/9/2020, Plaintiff disclosure of expert report due by 5/8/2020, Defendant disclosure of expert report due by 6/5/2020, Final Pretrial Conference set for 5/12/2021 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli, Jury Trial set for 6/7/2021 at 09:30 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli., Conduct mediation hearing by 7/14/2020. Lead counsel to coordinate dates. Signed by Magistrate Judge Anthony E. Porcelli on 1/9/2020. (JMF)
January 9, 2020 Opinion or Order Filing 155 ORDER granting #147 Motion for HIPAA Protective Order. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 1/9/2020. (JMF)
January 9, 2020 Opinion or Order Filing 154 ORDER granting #147 Unopposed Motion Seeking Entry of Agreed Discovery Confidentiality Order. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 1/9/2020. (JMF)
January 9, 2020 Opinion or Order Filing 153 ORDER granting 144 Motion to modify. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 1/9/2020. (JMF)
January 9, 2020 Opinion or Order Filing 152 ENDORSED ORDER granting #140 motion to amend/correct; granting #140 Motion for Extension of Time to Answer or respond. To the extent not already submitted, all Defendants' responsive pleadings are due on or before January 15, 2020. A Case Management and Scheduling Order will be entered separately. Signed by Magistrate Judge Anthony E. Porcelli on 1/9/2020. (JMF)
January 8, 2020 Filing 150 CERTIFICATE of interested persons and corporate disclosure statement by Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (JNB)
January 8, 2020 Filing 149 NOTICE of Appearance by Gus M. Centrone on behalf of Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC (JNB)
January 8, 2020 Filing 148 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: STATUS CONFERENCE held on 1/8/2020, MOTION HEARING held on 1/8/2020 re #140 MOTION to Amend/Correct #89 Case Management Report MOTION for Extension of Time to File Answer re #116 Amended Complaint filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC, #147 MOTION for miscellaneous relief, specifically seeking entry of Agreed Discovery Confidentiality Order MOTION for protective order filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC, 144 MOTION to modify Asset Freeze Order against Defendants Very Nice Deals, Inc. d/b/a AK Global Med and Ashraf Abukhalaf filed by Johnson & Johnson, Ethicon, Inc. (digital) (LV)
January 6, 2020 Filing 147 MOTION for miscellaneous relief, specifically seeking entry of Agreed Discovery Confidentiality Order; MOTION seeking entry of qualified HIPAA Protective Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Text of Proposed Order Discovery; #2 Text of Proposed Order HIPAA Protective Order) . (BSN). Modified event on 1/7/2020 (AG).
January 6, 2020 Filing 146 NOTICE of hearing: Telephone Conference set for 1/8/2020 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The parties shall appear telephonically at the hearing by calling toll-free number 1-888-684-8852 on the day of the hearing and entering access code 8895301 followed by security code 0108 when prompted. The Clerk is DIRECTED to electronically provide this notice to all parties.(JMF)
January 6, 2020 Opinion or Order Filing 145 ENDORSED ORDER denying as moot #137 Motion. Signed by Magistrate Judge Anthony E. Porcelli on 1/6/2020. (JMF)
December 26, 2019 Filing 143 ***EX PARTE STATUS report to maintain case under seal by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (LD)
December 12, 2019 Filing 142 CERTIFICATE of interested persons and corporate disclosure statement by Ashraf Abukhalaf, Very Nice Deals, Inc. (LSS)
December 12, 2019 Filing 141 RESPONSE to Motion re #137 MOTION for miscellaneous relief, specifically to Limit or Terminate the Amended Expedited Discovery Order (doc. 120) or, in the Alternative, for Extension of time to Respond to Discovery Propounded November 27, 2019. filed by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (LSS)
December 12, 2019 Filing 140 MOTION to Amend/Correct #89 Case Management Report, MOTION for Extension of Time to File Answer re #116 Amended Complaint by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Case Management Report)(LSS)
December 9, 2019 Opinion or Order Filing 139 ORDER Setting Hearing on Motion re #137 MOTION for miscellaneous relief, specifically to Limit or Terminate the Amended Expedited Discovery Order (doc. 120) or, in the Alternative, for Extension of time to Respond to Discovery Propounded November 27, 2019: Motion Hearing set for 1/8/2020 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 12/9/2019. (JMF)
December 9, 2019 Opinion or Order Filing 138 ENDORSED ORDER granting #136 Motion for Extension of Time to Answer or respond. All Defendants shall have up to and including 1/15/2020 to file a responsive pleading. The Clerk is directed to send a copy of this Order to all parties. Signed by Magistrate Judge Anthony E. Porcelli on 12/9/2019. (JMF) Modified on 12/9/2019 (JMF).
December 6, 2019 Filing 137 MOTION for miscellaneous relief, specifically to Limit or Terminate the Amended Expedited Discovery Order (doc. 120) or, in the Alternative, for Extension of time to Respond to Discovery Propounded November 27, 2019. by Ashraf Abukhalaf, Very Nice Deals, Inc. (BSN)
December 6, 2019 Filing 136 MOTION for Extension of Time to File Answer re #116 Amended Complaint by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (LSS)
November 21, 2019 Filing 135 ANSWER and affirmative defenses to #116 Second Amended Complaint by Ashraf Abukhalaf, Very Nice Deals, Inc.(JNB)
November 12, 2019 Filing 134 NOTICE of Appearance by Ronald J. Marlowe on behalf of Ashraf Abukhalaf. (AG)
November 12, 2019 Filing 133 RETURN of service executed on 10/15/19 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Very Nice Deals, Inc. (AG)
November 12, 2019 Filing 132 RETURN of service executed on 10/17/19 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Pure Care Traders F.Z.E. (AG)
November 12, 2019 Filing 131 RETURN of service executed on 10/15/19 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Ashraf Abukhalaf. (AG)
November 12, 2019 Filing 130 RETURN of service executed on 10/17/19 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Ali Hussain. (AG)
November 12, 2019 Filing 129 RETURN of service executed on 10/14/19 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Pritamdas Arora. (AG)
November 12, 2019 Filing 128 RETURN of service executed on 10/23/19 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to M/S Medserve. (AG)
November 12, 2019 Filing 127 EX PARTE STATUS report to maintain case under seal by Ethicon US, LLC, Johnson & Johnson. (AG)
November 6, 2019 Opinion or Order Filing 126 ENDORSED ORDER granting #125 Motion for Extension of Time to Answer or respond. Very Nice Deals, Inc. answer or response due on or before 12/4/2019. The Clerk is directed to provide notice of this Order to Plaintiffs and Defendant Very Nice Deals, Inc. Signed by Magistrate Judge Anthony E. Porcelli on 11/6/2019. (JMF)
November 5, 2019 Filing 125 MOTION for Extension of Time to File Answer re #116 Amended Complaint by Very Nice Deals, Inc. (AG)
November 4, 2019 Filing 124 NOTICE of Appearance by Ronald J. Marlowe on behalf of Very Nice Deals, Inc. (AG)
October 15, 2019 Filing 123 SUMMONS issued as to Ashraf Abukhalaf, Ali Hussain, Pure Care Traders F.Z.E., Very Nice Deals, Inc. (JNB)
October 11, 2019 Filing 122 ANSWER and affirmative defenses re #93 Crossclaim by Fabian Conde, Lion Heart Surgical Supply Corp, Janaina D. Nascimento. (JNB)
October 7, 2019 Opinion or Order Filing 120 ORDER granting #111 Motion to Expedite. The Clerk is DIRECTED to provide a copy of this Order to Plaintiffs. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 10/7/2019. (JMF)
October 4, 2019 Filing 119 SUMMONS issued as to Pritamdas Arora, M/S Medserve. (AG)
October 4, 2019 Filing 118 EXEMPLIFICATION CERTIFICATES (JNB)
October 4, 2019 Opinion or Order Filing 117 ENDORSED ORDER granting #99 Motion for a Letter of Request Directed to the Hon'ble High Court of Delhi for an Asset Freeze and Ex Parte Seizure Order. LETTER ROGATORY attached. Signed by Magistrate Judge Anthony E. Porcelli on 10/4/2019. (JNB)
October 4, 2019 Filing 116 SECOND AMENDED COMPLAINT against Tyler Berger, Jon M. Bird, Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, David W. Longdue, III, Janaina D. Nascimento, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC, Pure Care Traders F.Z.E., Ali Hussain, Very Nice Deals, Inc., Ashraf Abukhalaf, M/S Medserve, Pritamdas Arora with Jury Demand. filed by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC. Related document: #1 Complaint filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC, #36 Amended Complaint filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC.(JNB)
October 4, 2019 Opinion or Order Filing 115 ORDER granting #98 Motion for Leave to File Second Amended Complaint. The Clerk is directed to provide an electronic copy of this Order to Plaintiffs. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 10/4/2019. (JNB)
October 4, 2019 Filing 113 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 10/4/2019 re #100 MOTION for miscellaneous relief, specifically for an Asset Freeze Against Defendants Very Nice Deals, Inc. d/b/a AK Global Med and Ashraf Abukhalaf filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC, #111 MOTION to Expedite filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC, #98 MOTION for leave to file Second Amended Complaint filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC, #99 MOTION for miscellaneous relief, specifically for a Letter of Request Directed to the Hon'ble High Court of Delhi for an Asset Freeze and Ex Parte Seizure Order filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC. (digital) (LV)
October 2, 2019 Filing 112 NOTICE of telephonic hearing on motion re #98 MOTION for leave to file Second Amended Complaint, #99 MOTION for miscellaneous relief, specifically for a Letter of Request Directed to the Hon'ble High Court of Delhi for an Asset Freeze and Ex Parte Seizure Order, #111 MOTION to Expedite, #100 MOTION for miscellaneous relief, specifically for an Asset Freeze Against Defendants Very Nice Deals, Inc. d/b/a AK Global Med and Ashraf Abukhalaf. Motion Hearing set for 10/4/2019 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Plaintiffs shall appear telephonically at the hearing by calling toll-free number 1-888-684-8852 on the day of the hearing and entering access code 8895301 followed by security code 1004 when prompted. The Clerk is DIRECTED to provide electronic notice to Plaintiffs.(JMF)
October 2, 2019 Filing 111 MOTION for an Amended Expedited Discovery Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Text of Proposed Order)(BES)
October 2, 2019 Filing 110 DECLARATION of Roy Albiani by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Modified on 10/2/2019 added relationship to #99 (BES).
October 2, 2019 Filing 109 DECLARATION of Kate Reichenbach by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Modified on 10/2/2019 added relationship to #99 (BES).
October 2, 2019 Filing 108 DECLARATION of Benjamin D. Fitz by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Modified on 10/2/2019 added relationship to #99 (BES).
October 2, 2019 Filing 107 DECLARATION of Ben Russo by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Modified on 10/2/2019 added relationship to #99 (BES).
October 2, 2019 Filing 106 SEVENTH DECLARATION of Geoffrey Potter by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (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)(BES) Modified on 10/2/2019 added relationship to #98, #99 and #100 (BES).
October 2, 2019 Filing 105 SIXTH DECLARATION of Geoffrey Potter by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E)(BES) Modified on 10/2/2019 added relationship to #99 (BES).
October 2, 2019 Filing 103 DECLARATION of Brian Cairl by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Modified on 10/2/2019 added relationship to #98, #99 and #100(BES).
October 2, 2019 Filing 102 SECOND DECLARATION of Daniel Burkley by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Modified on 10/2/2019 added relationship to #98, #99 and #100 (BES).
October 2, 2019 Filing 101 SECOND DECLARATION of Denise Dacey by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Modified on 10/2/2019 added relationship to #98, #99 and #100 (BES).
October 2, 2019 Filing 100 EMERGENCY MOTION for an Asset Freeze Against Defendants Very Nice Deals, Inc. d/b/a AK Global Med and Ashraf Abukhalaf by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
October 2, 2019 Filing 99 EMERGENCY MOTION for a Letter of Request Directed to the Hon'ble High Court of Delhi for an Asset Freeze and Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Text of Proposed Order)(BES)
October 2, 2019 Filing 98 EMERGENCY MOTION to file Second Amended Complaint by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Proposed Second Amended Complaint, #2 Proposed Order)(BES)
September 27, 2019 Opinion or Order Filing 97 ORDER granting #94 Exparte motion for miscellaneous relief. The Clerk is directed to provide an electronic copy of this Order to Plaintiffs. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 9/27/2019. (JMF)
September 25, 2019 Filing 96 DECLARATION of Geoffrey Potter re #94 EXPARTE MOTION to maintain case under seal by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
September 25, 2019 Filing 95 STIPULATION concerning #94 EXPARTE MOTION to maintain case under seal by Tyler Berger, Jon M. Bird, Fabian Conde, Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, David W. Longdue, III, Janaina D. Nascimento, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (BES)
September 25, 2019 Filing 94 EXPARTE MOTION to maintain case under seal by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
September 23, 2019 Filing 93 ANSWER and affirmative defenses with Jury Demand to #36 Amended Complaint, CROSSCLAIM against Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento by Tyler Berger, Jon M. Bird, Ivan Rodimushkin, Brendan Thomas, David W. Longdue, III, XS Supply, LLC.(BES)
September 11, 2019 Opinion or Order Filing 92 ORDER approving consent to jurisdiction by U.S. Magistrate Judge. Case reassigned to Magistrate Judge Anthony E. Porcelli. Signed by Judge Virginia M. Hernandez Covington on 9/11/2019. (SGM)
September 10, 2019 Filing 91 CONSENT to trial by U.S. Magistrate Judge by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
September 9, 2019 Opinion or Order Filing 90 ENDORSED ORDER: On September 4, 2019, the parties submitted their case management report, indicating that all parties consent to proceed before the magistrate judge. (Doc. #89). Accordingly, the parties are directed to file their consent to proceed before the magistrate judge by September 12, 2019, so the magistrate judge may weigh in on the selection of the case management and scheduling order's dates. The Clerk is directed to send copies of this order to the parties by both mail and e-mail. Signed by Judge Virginia M. Hernandez Covington on 9/9/2019. (SGM)
September 4, 2019 Filing 89 CASE MANAGEMENT REPORT. (BES)
September 4, 2019 Opinion or Order Filing 88 ENDORSED ORDER: On August 23, 2019, Plaintiffs filed an ex parte Motion to Maintain the Case Under Seal (Doc. #76), seeking to keep this case under seal indefinitely, pending Plaintiffs' completion of their investigation into the supply chain of the alleged counterfeit products. The Motion is granted in part, and this case will remain under seal until September 30, 2019. However, the Plaintiffs are directed to file a written submission with the Court, on or before September 25, 2019, providing additional information as to why this case should be sealed beyond that date when the named Defendants have all been served with the Amended Complaint and are aware of the action. The written submission should include information regarding the status of Plaintiffs' investigation, whether, to the Plaintiffs' knowledge, the named Defendants have entered into any sort of agreement requiring them to keep this case and its underlying allegations secret or confidential, and any other pertinent information bearing on whether there continues to be good cause for the case to remain sealed beyond September 30. The Clerk is directed to await further orders of this Court before lifting the seal, in whole or in part, from this case. Signed by Judge Virginia M. Hernandez Covington on 9/4/2019. (SGM)
August 30, 2019 Opinion or Order Filing 87 ENDORSED ORDER: On August 2, 2019, the Court directed that this case remain under seal until September 3, 2019 (Doc. # 64). On August 23, 2019, Plaintiffs filed an ex parte Motion to Maintain the Case Under Seal (Doc. #76). The Court has not yet ruled on Plaintiffs' Motion. In the meantime, the Court directs the Clerk to maintain the case under seal until this Court rules on the pending Motion. Signed by Judge Virginia M. Hernandez Covington on 8/30/2019. (SGM)
August 23, 2019 Filing 86 RETURN of service executed on 07/22/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Janaina D. Nascimento. (BES)
August 23, 2019 Filing 85 RETURN of service executed on 07/22/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Fabian Conde. (BES)
August 23, 2019 Filing 84 RETURN of service executed on 07/22/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Lion Heart Surgical Supply Corp. (BES)
August 23, 2019 Filing 83 RETURN of service executed on 07/22/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Lion Heart Surgical Supply, LLC. (BES)
August 23, 2019 Filing 82 RETURN of service executed on 07/17/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Brendan Thomas. (BES)
August 23, 2019 Filing 81 RETURN of service executed on 07/17/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to David W. Longdue, III. (BES)
August 23, 2019 Filing 80 RETURN of service executed on 07/17/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Ivan Rodimushkin. (BES)
August 23, 2019 Filing 79 RETURN of service executed on 07/17/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Tyler Berger. (BES)
August 23, 2019 Filing 78 RETURN of service executed on 07/17/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to Jon M. Bird. (BES)
August 23, 2019 Filing 77 RETURN of service executed on 07/17/2019 by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC as to XS Supply, LLC. (BES)
August 23, 2019 Filing 76 MOTION to Maintain Case Under Seal by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
August 22, 2019 Filing 75 ANSWER and affirmative defenses to #36 Amended Complaint by Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento.(BES)
August 21, 2019 Opinion or Order Filing 74 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 4, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 8/21/2019. (SGM)
August 21, 2019 Opinion or Order Filing 73 ENDORSED ORDER: Plaintiffs filed an Amended Complaint in this case on July 18, 2019 (Doc. #36). On July 24, 2019, Defendants Lion Heart Surgical Supply Corp., Lion Heart Surgical Supply, LLC, Fabian Conde, and Janaina D. Nascimento (the Lion Heart Defendants) entered their first appearance in this matter (Doc. # #47, #50). While the Lion Heart Defendants have appeared, a review of the docket reveals that the Lion Heart Defendants have not yet filed their answer to the Amended Complaint. Moreover, this Court cannot accurately calculate when the Lion Heart Defendants' answer is or was due because the Plaintiffs have not filed proof of service as to the Lion Heart Defendants on the docket. See Fed. R. Civ. P. 4(l) ("Unless service is waived, proof of service must be made to the court."). Accordingly, Plaintiffs are directed to file proof of service upon the Lion Heart Defendants with the Court by August 23, 2019. Signed by Judge Virginia M. Hernandez Covington on 8/21/2019. (SGM)
August 5, 2019 Opinion or Order Filing 72 ENDORSED ORDER granting #71 the XS Supply Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint. The XS Supply Defendants shall file a response to the operative Complaint on or before September 23, 2019. Signed by Judge Virginia M. Hernandez Covington on 8/5/2019. (SGM)
August 2, 2019 Filing 71 MOTION for Extension of Time to File Answer re #36 Amended Complaint by Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (BES)
August 2, 2019 Filing 70 NOTICE of Appearance by Katherine Earle Yanes on behalf of Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC (BES)
August 2, 2019 Filing 69 NOTICE of Appearance by James E. Felman on behalf of Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC (BES)
August 2, 2019 Filing 68 NOTICE of compliance as to Joshua Stein by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (BES)
August 2, 2019 Filing 67 NOTICE of compliance as to Timothy Waters by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (BES)
August 2, 2019 Filing 66 NOTICE of compliance as to Aron Fischer by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (BES)
August 2, 2019 Filing 65 NOTICE of compliance as to Geoffrey Potter by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (BES)
August 2, 2019 Opinion or Order Filing 64 ENDORSED ORDER: In light of the additional information contained in Plaintiffs' Emergency Motion to maintain this case under seal (Doc. #63), the Clerk is directed to immediately place the entire case and all filings under seal. This matter will remain under seal until September 3, 2019. If any party wishes for this matter to remain under seal beyond that time, it must file with this Court a motion requesting an extension and stating the reasons for such extension by August 28, 2019. Signed by Judge Virginia M. Hernandez Covington on 8/2/2019. (SGM)
August 2, 2019 Filing 63 EX PARTE EMERGENCY MOTION to maintain the case under seal by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (AG)
August 2, 2019 Opinion or Order Filing 62 ENDORSED ORDER: On July 12, 2019, the Court entered an order directing that the entire case and all filings remain under seal (Doc. # 28). The Court no longer believes there is any reason to keep this case under seal, given the confirmation of the seizure orders and the Defendants' notice of this pending action. Accordingly, the Clerk is directed to immediately lift the seal on this case and on all filings herein. Signed by Judge Virginia M. Hernandez Covington on 8/2/2019. (SGM) Modified on 8/2/2019 (SGM).
August 2, 2019 Opinion or Order Filing 61 ENDORSED ORDER granting the joint motion for a protective order between Plaintiffs and the Lion Heart Defendants, as contained in the parties' July 24, 2019 stipulated and joint motion (Doc. #47). Signed by Judge Virginia M. Hernandez Covington on 8/2/2019. (SGM)
August 2, 2019 Opinion or Order Filing 60 ENDORSED ORDER granting Stipulated Motion Concerning Preliminary Injunction Bond as to the XS Supply Defendants (Doc. #58). The Plaintiffs' Emergency Motion for a Preliminary Injunction and Motion for an Order to Show Cause as to the XS Supply Defendants (Doc. #3) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 8/2/2019. (SGM)
August 2, 2019 Opinion or Order Filing 59 ENDORSED ORDER granting Stipulated Motion Concerning Preliminary Injunction Bond as to the Lion Heart Defendants (Doc. #57). The Plaintiffs' Emergency Motion for an Order to Show Cause for a Preliminary Injunction as to the Lion Heart Defendants (Doc. #37) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 8/2/2019. (SGM)
July 31, 2019 Filing 58 STIPULATED MOTION concerning preliminary injuction bond as to the XS Supply Defendants by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 31, 2019 Filing 57 STIPULATED MOTION concern preliminary injunction bond as to the Lion Heart Defendants by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 31, 2019 Filing 56 NOTICE of Appearance by Katherine Earle Yanes on behalf of XS Supply, LLC (BES)
July 31, 2019 Filing 55 NOTICE of Appearance by James E. Felman on behalf of XS Supply, LLC (BES)
July 30, 2019 Filing 54 NOTICE of Appearance by Samuel B. Reiner, II, David P. Reiner, II on behalf of Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento (BES)
July 26, 2019 Filing 53 US Marshal 285 form for Execute Seizure Order as to XS Supply, LLC on 07/17/2019. (BES)
July 25, 2019 Filing 52 CORPORATE disclosure statement by Lion Heart Surgical Supply Corp. (BES)
July 25, 2019 Opinion or Order Filing 51 ENDORSED ORDER: The Stipulation and Joint Motion (Doc. #47) submitted by Plaintiffs Johnson & Johnson, Ethicon, Inc., and Ethicon US, LLC (the "Plaintiffs") and Defendants Lion Heart Surgical Supply, LLC, Lion Heart Surgical Supply Corp., Fabian Conde, and Janaina D. Nascimento (the "Lion Heart Defendants") is granted in part. As to the parties' stipulation to the meaning of the term "Surgicel Products," the motion is granted. As to the parties' request to confirm the seizure order, the motion is granted. As to the parties' request to cancel the July 29, 2019, hearing as to the Lion Heart Defendants, the motion is granted. However, to the extent the Plaintiffs and the Lion Heart Defendants are requesting that the Court enter a preliminary injunction as to the Lion Heart Defendants, the parties must file on the docket a proposed preliminary injunction for the Court to review and sign. In addition, the parties must email a Microsoft Word document containing the proposed preliminary injunction to CHAMBERS_FLMD_COVINGTON@flmd.uscourts.gov. To the extent that the parties are requesting that the Court enter a protective order formalizing the terms set forth in their Stipulation and Joint Motion, the parties must file on the docket, in a separate document filed along with their proposed preliminary injunction, a proposed protective order for the Court to review. In addition, the parties must email a Microsoft Word document containing the proposed protective order to CHAMBERS_FLMD_COVINGTON@flmd.uscourts.gov. Signed by Judge Virginia M. Hernandez Covington on 7/25/2019. (SGM)
July 25, 2019 Opinion or Order Filing 49 NOTICE canceling hearing scheduled for 7/29/2019 in light of the Plaintiffs' MOTION to change substituted custodian, to enter protective order, to enter a preliminary injunction, to cancel 07/29/2019 hearing as to Lion Heart Defendants by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. Signed by Magistrate Judge Anthony E. Porcelli on 7/25/2019. (VIV)
July 24, 2019 Filing 50 NOTICE of Appearance by Dineen Pashoukos Wasylik on behalf of Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento (BES)
July 24, 2019 Opinion or Order Filing 48 ENDORSED ORDER: The Stipulation and Joint Motion to Confirm Seizure Order; to Change Substitute Custodian; to Cancel July 29, 2019 Hearing as to XS Supply Defendants; and Other Terms (Doc. #45), as submitted by Plaintiffs Johnson & Johnson, Ethicon, Inc., and Ethicon US, LLC (the "Plaintiffs") and Defendants XS Supply, LLC, Jon M. Bird, Tyler Berger, Ivan Rodimushkin, David W. Longdue III, and Brendan Thomas (the "XS Supply Defendants") is granted in part. As to the parties' stipulation to the meaning of the term "Surgicel Products," the motion is granted. As to the parties' request to confirm the seizure order, the motion is granted. As to the parties' request to amend the seizure order to change the named substitute custodian, the motion is granted. As to the parties' request to cancel the July 29, 2019, hearing as to the XS Supply Defendants, the motion is granted. As to the document production, search, and review terms set forth in paragraphs 6 and 7 of the joint motion, the motion is granted. However, to the extent the Plaintiffs and the XS Supply Defendants are requesting that the Court enter a preliminary injunction as to the XS Supply Defendants, the parties must file on the docket a proposed preliminary injunction for the Court to review and sign. In addition, the parties must email a Microsoft Word document containing the proposed preliminary injunction to CHAMBERS_FLMD_COVINGTON@flmd.uscourts.gov. Signed by Judge Virginia M. Hernandez Covington on 7/24/2019. (SGM)
July 24, 2019 Filing 47 MOTION to change substituted custodian, to enter protective order, to enter a preliminary injunction, to cancel 07/29/2019 hearing as to Lion Heart Defendants by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 23, 2019 Opinion or Order Filing 46 ENDORSED ORDER referring the Stipulation and Joint Motion to Confirm Seizure Order; To Change Substitute Custodian; To Cancel July 29, 2019 Hearing as to XS Supply Defendants; And Other Terms (Doc. #45) to the Honorable Anthony E. Porcelli, United States Magistrate Judge, for disposition pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Judge Virginia M. Hernandez Covington on 7/23/2019. (SGM)
July 23, 2019 Filing 45 MOTION to confirm seizure order, to change substitute custodian, to cancel 07/29/19 hearing as to XS Supply Defendants by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 22, 2019 Filing 44 NOTICE of Filing Bond of Order of Seizure by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (BES)
July 18, 2019 Filing 43 SUMMONS issued as to Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, Janaina D. Nascimento. (BES)
July 18, 2019 Opinion or Order Filing 42 ORDER granting #37 Motion for an Ex Parte Seizure Order. The Clerk is DIRECTED to immediately provide a copy of this Order to Plaintiffs and to the U.S. Marshal's Office. See Order for further details, including deadlines and limitations. Signed by Magistrate Judge Anthony E. Porcelli on 7/18/2019. (JMF)
July 18, 2019 Filing 41 NOTICE of supplemental authority re #37 MOTION for Ex Parte Seizure Order MOTION for order to show cause by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 18, 2019 Opinion or Order Filing 40 ORDER: Plaintiffs Johnson & Johnson, Ethicon, Inc., and Ethicon US, LLC's Emergency Motion for Ex Parte Seizure Order (Doc. #37) is referred to the Honorable Anthony E. Porcelli, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B), for disposition. Plaintiffs' Motion for Order to Show Cause for a Preliminary Injunction (Doc. #37) is referred to Magistrate Judge Porcelli, pursuant to 28 U.S.C. 636(b)(1)(B), for an evidentiary hearing and the issuance of a Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 7/18/2019. (DLB) Motions referred to Magistrate Judge Anthony E. Porcelli.
July 18, 2019 Filing 39 DECLARATION of Geoffrey Potter re #37 MOTION for Ex Parte Seizure Order MOTION for order to show cause by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 18, 2019 Filing 38 DECLARATION of David Salvador re #37 MOTION for Ex Parte Seizure Order MOTION for order to show cause by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 18, 2019 Filing 37 EMERGENCY MOTION for Ex Parte Seizure Order, MOTION for order to show cause for a preliminary injunction by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Proposed Seizure Order, #2 Proposed Show Cause Order)(BES)
July 18, 2019 Filing 36 AMENDED COMPLAINT against Tyler Berger, Jon M. Bird, Fabian Conde, Lion Heart Surgical Supply Corp, Lion Heart Surgical Supply, LLC, David W. Longdue, III, Janaina D. Nascimento, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC with Jury Demand. filed by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC.(BES)
July 17, 2019 Filing 35 NOTICE of Filing Bond of Order of Seizure by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (BES)
July 16, 2019 Filing 34 SUMMONS issued as to Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC. (BES)
July 15, 2019 Opinion or Order Filing 33 ORDER granting #3 motion for expedited discovery. The Clerk is DIRECTED to provide a copy of this Order to Plaintiffs. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 7/15/2019. (JMF)
July 15, 2019 Opinion or Order Filing 32 ORDER granting #21 Motion Ex Parte Seizure Order; denying as moot #3 Motion Ex Parte Seizure Order. The Clerk is DIRECTED to immediately provide a copy of this Order to Plaintiffs and to the U.S. Marshal's Office. See Order for further details, including deadlines and limitations. Signed by Magistrate Judge Anthony E. Porcelli on 7/15/2019. (JMF)
July 15, 2019 Filing 30 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: EX PARTE Hearing held on 7/15/2019 re: #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for miscellaneous relief, specifically Ex Parte Seizure Order filed by Johnson & Johnson, Ethicon, Inc, Ethicon US, LLC. (DIGITAL) (KAC) (KAC).
July 12, 2019 Opinion or Order Filing 29 ENDORSED ORDER granting #14 motion to appear pro hac vice; granting #15 motion to appear pro hac vice; granting #16 motion to appear pro hac vice; granting #13 motion to appear pro hac vice. Attorneys Geoffrey Potter, Aron Fischer, Timothy Waters, and Joshua R. Stein may appear pro hac vice on behalf of Plaintiffs, with Attorney Alice R. Honeycutt designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the electronic filing requirements and file a notice of compliance with said requirements. The Clerk is DIRECTED to provide notice of this Order to Plaintiffs.. Signed by Magistrate Judge Anthony E. Porcelli on 7/12/2019. (JMF)
July 12, 2019 Opinion or Order Filing 28 ENDORSED ORDER granting #20 Motion to Seal; finding as moot #2 Motion to Seal. The entire case and all filings shall remain under seal until further order of the Court. The Clerk is directed to provide notice of this Order to Plaintiffs. Signed by Magistrate Judge Anthony E. Porcelli on 7/12/2019. (JMF)
July 12, 2019 Filing 27 NOTICE of telephonic hearing on motion re #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for miscellaneous relief, specifically Ex Parte Seizure Order. Telephonic Motion Hearing set for 7/15/2019 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The parties shall appear telephonically at the hearing by calling toll-free number 1-888-684-8852 on the day of the hearing and entering access code 8895301 followed by security code 0715 when prompted. The Clerk is DIRECTED to provide notice of the hearing to Plaintiffs.(JMF)
July 12, 2019 Opinion or Order Filing 26 ENDORSED ORDER: Plaintiffs Johnson & Johnson, Ethicon, Inc., and Ethicon US, LLC's Emergency Motion for Leave to File Under Seal Motion for Seizure Order and Related Documents (Doc. #20) and Renewed Emergency Motion or Ex Parte Seizure Order (Doc. #21) are referred to the Honorable Anthony E. Porcelli, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(A), for disposition. Signed by Judge Virginia M. Hernandez Covington on 7/12/2019. (DLB) Motions referred to Magistrate Judge Anthony E. Porcelli.
July 12, 2019 Filing 25 REQUEST for oral argument re #21 MOTION for miscellaneous relief, specifically for an ex parte seizure order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (JNB)
July 12, 2019 Filing 24 SECOND DECLARATION of Geoffrey Potter re #21 MOTION for miscellaneous relief, specifically for an ex parte seizure order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(JNB)
July 12, 2019 Filing 23 DECLARATION of Hannah Coleman re #21 MOTION for miscellaneous relief, specifically for an ex parte seizure order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (JNB)
July 12, 2019 Filing 22 SECOND DECLARATION of Roy Albiani re #21 MOTION for miscellaneous relief, specifically for an ex parte seizure order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (JNB)
July 12, 2019 Filing 21 RENEWED EMERGENCY MOTION for miscellaneous relief, specifically for an ex parte seizure order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Seizure Order)(JNB)
July 12, 2019 Filing 20 EMERGENCY MOTION for leave to file under seal motion for seizure order and related documents by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (JNB)
July 11, 2019 Opinion or Order Filing 19 ORDER: Plaintiffs Johnson & Johnson, Ethicon, Inc., and Ethicon US, LLC's Emergency Motion for Preliminary Injunction (Doc. #3) is referred to the Honorable Anthony E. Porcelli, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B), for an evidentiary hearing and the issuance of a Report and Recommendation. To the extent Plaintiffs' Motion for Order to Show Cause (Doc. #3) does not involve a temporary restraining order, the Motion for Order to Show Cause is referred to Magistrate Judge Porcelli, pursuant to 28 U.S.C. 636(b)(1)(B), for an evidentiary hearing and the issuance of a Report and Recommendation. Plaintiffs' Emergency Motion to Seal the Case (Doc. #2), Motion for Expedited Discovery (Doc. #3), and Motion for Ex Parte Seizure Order (Doc. #3) are referred to Magistrate Judge Porcelli, pursuant to 28 U.S.C. 636(b)(1)(A), for disposition. Signed by Judge Virginia M. Hernandez Covington on 7/11/2019. (DLB) Motions referred to Magistrate Judge Anthony E. Porcelli.
July 11, 2019 Opinion or Order Filing 18 ORDER: Plaintiffs Johnson & Johnson, Ethicon, Inc., and Ethicon US, LLC's Motion for Temporary Restraining Order (Doc. #3) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 7/11/2019. (DLB)
July 11, 2019 Filing 17 Trademark Report sent to Alexandria, VA. (Attachments: #1 Complaint) (BES)
July 11, 2019 Filing 16 MOTION for Joshua R. Stein to appear pro hac vice by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Motions referred to Magistrate Judge Anthony E. Porcelli.
July 11, 2019 Filing 15 MOTION for Timothy Waters to appear pro hac vice by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Motions referred to Magistrate Judge Anthony E. Porcelli.
July 11, 2019 Filing 14 MOTION for Aron Fischer to appear pro hac vice by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Motions referred to Magistrate Judge Anthony E. Porcelli.
July 11, 2019 Filing 13 MOTION for Geoffrey Potter to appear pro hac vice by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES) Motions referred to Magistrate Judge Anthony E. Porcelli.
July 11, 2019 Filing 12 CORPORATE disclosure statement by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 11, 2019 Filing 11 DECLARATION of Ben Russo re #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 11, 2019 Filing 10 DECLARATION of Robert Jarrell re #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 11, 2019 Filing 8 DECLARATION of Benjamin D. Fitz re #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 11, 2019 Filing 7 DECLARATION of Denise Dacey re #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 11, 2019 Filing 6 DECLARATION of Daniel Burkley re #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 11, 2019 Filing 5 DECLARATION of Kate Reichenbach re #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 11, 2019 Filing 4 DECLARATION of Geoffrey Potter re #3 MOTION for preliminary injunction MOTION for order to show cause MOTION for temporary restraining order MOTION for Discovery MOTION for Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(BES)
July 11, 2019 Filing 3 EMERGENCY MOTION for preliminary injunction, MOTION for order to show cause, MOTION for temporary restraining order, MOTION for Expedited Discovery, MOTION for Ex Parte Seizure Order by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (Attachments: #1 Proposed Order to Show Cause, #2 Ex Parte Seizure Order, #3 Proposed Expedited Discovery Order)(BES) Motions referred to Magistrate Judge Anthony E. Porcelli.
July 11, 2019 Filing 2 EMERGENCY MOTION to seal the case by Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson. (BES)
July 11, 2019 Filing 1 COMPLAINT against Tyler Berger, Jon M. Bird, David W. Longdue, III, Ivan Rodimushkin, Brendan Thomas, XS Supply, LLC with Jury Demand Filing fee $ 400, receipt number TPA 57257 filed by Ethicon, Inc, Johnson & Johnson, Ethicon US, LLC. (Attachments: #1 Civil Cover Sheet)(BES)
July 11, 2019 ***PRO HAC VICE FEES paid by attorney Geoffrey Potter, appearing on behalf of Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (Filing fee $150 receipt number TPA 57258.) Related document: #13 MOTION for Geoffrey Potter to appear pro hac vice. (BES)
July 11, 2019 ***PRO HAC VICE FEES paid by attorney Joshua R. Stein, appearing on behalf of Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (Filing fee $150 receipt number TPA 57258.) Related document: #16 MOTION for Joshua R. Stein to appear pro hac vice. (BES)
July 11, 2019 ***PRO HAC VICE FEES paid by attorney Timothy Waters, appearing on behalf of Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (Filing fee $150 receipt number TPA 57258.) Related document: #15 MOTION for Timothy Waters to appear pro hac vice. (BES)
July 11, 2019 ***PRO HAC VICE FEES paid by attorney Aron Fischer, appearing on behalf of Ethicon US, LLC, Ethicon, Inc, Johnson & Johnson (Filing fee $150 receipt number TPA 57258.) Related document: #14 MOTION for Aron Fischer to appear pro hac vice. (BES)

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Search for this case: Johnson & Johnson et al v. XS Supply, LLC et al
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Plaintiff: Johnson & Johnson
Represented By: Alice Ruth Huneycutt
Represented By: Aron Fischer
Represented By: Geoffrey Potter
Represented By: Jacqueline Lash
Represented By: Joshua R. Stein
Represented By: Timothy Waters
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Plaintiff: Ethicon, Inc.
Represented By: Alice Ruth Huneycutt
Represented By: Aron Fischer
Represented By: Geoffrey Potter
Represented By: Jacqueline Lash
Represented By: Joshua R. Stein
Represented By: Timothy Waters
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Plaintiff: Ethicon US, LLC
Represented By: Alice Ruth Huneycutt
Represented By: Joshua R. Stein
Represented By: Aron Fischer
Represented By: Geoffrey Potter
Represented By: Jacqueline Lash
Represented By: Timothy Waters
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Defendant: XS Supply, LLC
Represented By: Gus M. Centrone
Represented By: James E. Felman
Represented By: Katherine Earle Yanes
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Defendant: Jon M. Bird
Represented By: Gus M. Centrone
Represented By: James E. Felman
Represented By: Katherine Earle Yanes
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Defendant: Tyler Berger
Represented By: Gus M. Centrone
Represented By: James E. Felman
Represented By: Katherine Earle Yanes
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Defendant: Ivan Rodimushkin
Represented By: Gus M. Centrone
Represented By: James E. Felman
Represented By: Katherine Earle Yanes
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Defendant: David W. Longdue, III
Represented By: Gus M. Centrone
Represented By: James E. Felman
Represented By: Katherine Earle Yanes
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Defendant: Brendan Thomas
Represented By: James E. Felman
Represented By: Gus M. Centrone
Represented By: Katherine Earle Yanes
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Defendant: Lion Heart Surgical Supply, LLC
Represented By: Adam J. Lamb
Represented By: Brad F. Barrios
Represented By: David P. Reiner, II
Represented By: Dineen Pashoukos Wasylik
Represented By: Kenneth George Turkel
Represented By: Samuel B. Reiner, II
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Defendant: Lion Heart Surgical Supply Corp
Represented By: Dineen Pashoukos Wasylik
Represented By: Adam J. Lamb
Represented By: Brad F. Barrios
Represented By: David P. Reiner, II
Represented By: Kenneth George Turkel
Represented By: Samuel B. Reiner, II
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Defendant: Fabian Conde
Represented By: David P. Reiner, II
Represented By: Adam J. Lamb
Represented By: Brad F. Barrios
Represented By: Dineen Pashoukos Wasylik
Represented By: Kenneth George Turkel
Represented By: Samuel B. Reiner, II
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Defendant: Janaina D. Nascimento
Represented By: Adam J. Lamb
Represented By: Brad F. Barrios
Represented By: David P. Reiner, II
Represented By: Dineen Pashoukos Wasylik
Represented By: Kenneth George Turkel
Represented By: Samuel B. Reiner, II
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Defendant: Pure Care Traders F.Z.E.
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Defendant: Ali Hussain
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Defendant: Very Nice Deals, Inc. doing business as AK Global Med
Represented By: Ronald J. Marlowe
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Defendant: Ashraf Abukhalaf
Represented By: Ronald J. Marlowe
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Defendant: M/S Medserve
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Defendant: Pritamdas Arora
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Not classified by court: Peter J. Grilli
Represented By: Peter John Grilli
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Not classified by court: Glenn J. Waldman
Represented By: Glenn J. Waldman
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Petitioner: Randy Ware
Represented By: Michael J. Stanton
Represented By: Sean P. Cronin
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Petitioner: Class 1 Inventory, LLC
Represented By: Brian Lucas Shrader
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