United States of America v. Dinh et al
| United States of America |
| Thu Phan Dinh doing business as "www.zerostore.site", Nguyen Duy Toan doing business as "www.zerostore.site", Tran Khanh doing business as "www.zerostore.site", Tran Khanh all of whom are doing business as "www.zerostore.site" and other domains identified in Attachment A, Thu Phan Dinh all of whom are doing business as "www.zerostore.site" and other domains identified in Attachment A and Nguyen Duy Toan all of whom are doing business as "www.zerostore.site" and other domains identified in Attachment A |
| 8:2020cv01794 |
| August 3, 2020 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Amanda Arnold Sansone |
| Other Statutory Actions |
| 18 U.S.C. § 1345 |
| None |
Docket Report
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| Filing 35 STATUS report Regarding Service and the Court's Temporary Restraining Order and Order to Show Cause by United States of America. (Schmidt, Kathryn) |
| Filing 34 NOTICE OF RESCHEDULING HEARING: The Show Cause hearing previously scheduled for September 22 2020 is rescheduled. NEW SCHEDULING DATE AND TIME: Show Cause Hearing set for 10/6/2020 at 3:00 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. The hearing scheduled for OCTOBER 6, 2020 will be conducted via ZOOM VIDEO CONFERENCE. The Clerk will be sending everyone an invitation to the meeting via email. If you have any questions, please contact courtroom deputy, Bettye Samuel, at Bettye_Samuel@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(BGS) |
Filing 33
ORDERED: The temporary restraining order shall remain in force until the 6th day of October 2020, or at such later date as may be extended by the Court, or agreed upon by the parties. Signed by Judge Charlene Edwards Honeywell on 9/18/2020. (CSS)
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| Filing 32 MOTION for Miscellaneous Relief, specifically to extend the Temporary Restraining Order STATUS report Regarding Service and the Court's Temporary Restraining Order and Order to Show Cause by United States of America. (Schmidt, Kathryn) Modified on 9/18/2020 (DG). |
| Filing 31 NOTICE of Show Cause Hearing: Show Cause Hearing set for 9/22/2020 at 2:00 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. The hearing scheduled for SEPTEMBER 22, 2020 will be conducted via ZOOM VIDEO CONFERENCE. The Clerk will be sending everyone an invitation to the meeting via email. If you have any questions, please contact courtroom deputy, Bettye Samuel, at Bettye_Samuel@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(BGS) |
| Filing 30 NOTICE canceling Show Cause hearing scheduled for September 8, 2020. (BGS) |
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Filing 29
ORDERED: The temporary restraining order shall remain in force until the 22nd day of September 2020, or at such later date as may be extended by the Court, or agreed upon by the parties. See Order for additional details. Signed by Judge Charlene Edwards Honeywell on 9/4/2020. (CSS)
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| Filing 28 MOTION for Miscellaneous Relief, specifically, to exend Temporary Restraining Order STATUS report Regarding Service and the Court's Temporary Restraining Order and Order to Show Cause by United States of America. (Schmidt, Kathryn) Modified on 9/14/2020 (DG). |
| Filing 27 NOTICE OF ORDER TO SHOW CAUSE HEARING: Show Cause Hearing set for 9/8/2020 at 2:00 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. The hearing scheduled for SEPTEMBER 8, 2020 will be conducted via ZOOM VIDEO CONFERENCE. The Clerk will be sending everyone an invitation to the meeting via email. If you have any questions, please contact courtroom deputy, Bettye Samuel, at Bettye_Samuel@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(BGS) |
| Filing 26 NOTICE canceling Show Cause hearing scheduled for August 24,2020. (BGS) |
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Filing 25
ORDERED: The temporary restraining order entered on August 11, 2020 shall remain in force until the 8th day of September 2020, or at such later date as may be extended by the Court, or agreed upon by the parties. Pursuant to Federal Rule of Civil Procedure 65(b), Defendants shall appear before this Court on September 8, 2020 at 2:00 p.m., for a hearing to show cause, if there is any, why a preliminary injunction requested by the United States should not be granted. Defendants shall serve and file any response to the application for a preliminary injunction on or before September 4, 2020. Signed by Judge Charlene Edwards Honeywell on 8/21/2020. (CSS)
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| Filing 24 SUMMONS re-issued as to Thu Phan Dinh, Tran Khanh, Nguyen Duy Toan. (CTR) |
| Filing 23 MOTION for Miscellaneous Relief, specially to extend Temporary Restraining Order STATUS report Regarding Service and the Court's August 11, 2020 Temporary Restraining Order and Order to Show Cause by United States of America. (Schmidt, Kathryn) Modified event on 8/21/20 to Motion to extend TRO. (AG) Modified on 8/24/2020 (DG). |
| Filing 22 PROPOSED summons to be issued by United States of America. (Schmidt, Kathryn) |
| Filing 21 SUMMONS returned unexecuted by United States of America as to United States of America. (Schmidt, Kathryn) |
| Filing 20 NOTICE of ORDER TO SHOW CAUSE HEARING: Order to Show Cause Hearing as to why a preliminary injunction requested by the United States should not be granted is set for 8/24/2020 at 10:00 AM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. (BGS) |
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Filing 19
ORDERED: The United States' Motion for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue #12 is GRANTED. Defendants, their agents, officers, and employees, and all other persons and entities in active concert or participation with them are temporarily restrained, pending a hearing on the United States' application for a preliminary injunction, from among other things, maintaining and doing business through the use of the domain "zerostore.site" and the domains listed in Attachment A. Signed by Judge Charlene Edwards Honeywell on 8/11/2020. (Attachments: #1 Exhibit A)(CSS)
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Filing 18
ENDORSED ORDER denying as moot #3 Motion for Temporary Restraining Order. The United States withdrew this motion on August 6, 2020. See Doc. 11. Signed by Judge Charlene Edwards Honeywell on 8/11/2020. (CEH)
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Filing 17
ORAL ORDER granting #12 United States of America's Motion for an Emergency Ex Parte Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue and Supporting Memorandum of Law. The Court will issue a written Order. Signed by Judge Charlene Edwards Honeywell on 8/11/2020. (BGS)
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| Filing 16 Minute Entry. Proceedings held before Judge Charlene Edwards Honeywell: MOTION HEARING held on 8/11/2020 re #12 Emergency MOTION for Temporary Restraining Order Ex Parte and Order to Show Cause Why a Preliminary Injunction Should Not Issue and Supporting Memorandum of Law filed by United States of America. Court Reporter: Sharon A. Miller (BGS) |
| Filing 15 NOTICE of Hearing on Motion re #12 Emergency MOTION for Temporary Restraining Order Ex Parte and Order to Show Cause Why a Preliminary Injunction Should Not Issue and Supporting Memorandum of Law. Motion Hearing set for 8/11/2020 at 2:00 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. The hearing scheduled for AUGUST 11, 2020 will be conducted via ZOOM VIDEO CONFERENCE. The Clerk will be sending everyone an invitation to the meeting via email. If you have any questions, please contact courtroom deputy, Bettye Samuel, at Bettye_Samuel@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. (BGS) |
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Filing 14
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 8/24/2020. Signed by Judge Charlene Edwards Honeywell on 8/10/2020. (BGS)
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Filing 13
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/24/2020. Signed by Judge Charlene Edwards Honeywell on 8/10/2020. (BGS)
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| Filing 12 Emergency MOTION for Temporary Restraining Order Ex Parte and Order to Show Cause Why a Preliminary Injunction Should Not Issue and Supporting Memorandum of Law by United States of America. (Attachments: #1 Attachment A, #2 Declaration of Kathryn A. Schmidt, #3 Text of Proposed Order)(Schmidt, Kathryn) |
| Filing 11 NOTICE of withdrawal of motion by United States of America re #3 MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue and Supporting Memorandum of Law filed by United States of America (Schmidt, Kathryn) |
| Filing 10 NOTICE of compliance re #8 Order on Motion for Miscellaneous Relief Regarding Service by United States of America (Attachments: #1 Exhibit A, #2 Exhibit B)(Tapie, Carolyn) |
| Filing 9 NOTICE by United States of America of Clarifying Attorney Appearances (Tapie, Carolyn) |
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Filing 8
ORDER granting #2 Motion to allow alternate service of process on the defendants. Signed by Magistrate Judge Amanda Arnold Sansone on 8/4/2020. (MLM)
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| Filing 7 NOTICE to counsel Ethan P. Davis, Michael D. Granston, Gustav W. Eyler, John W.M. Claud, and Kathryn A. Schmidt of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee;Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (CRH) |
| Filing 6 SUMMONS issued as to Thu Phan Dinh, Tran Khanh, Nguyen Duy Toan. (CRH) |
| Filing 5 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Amanda Arnold Sansone. New case number: 8:20-cv-1794-T-36AAS. (SJB) |
| Filing 4 NOTICE by United States of America of Filing of Declarations in Support of Its Motions for: (A) Expedited Order Authorizing Alternate Service of Process on Defendants and (B) Temporary Restraining Order and Order to Show Cause (Attachments: #1 Romero Declaration, #2 Exhibit A to Romero, #3 Exhibit B to Romero, #4 Exhibit C to Romero, #5 Exhibit D to Romero, #6 Exhibit E to Romero, #7 Shepard Declaration, #8 Exhibit A to Shepard, #9 Exhibit B to Shepard, #10 Exhibit C to Shepard, #11 Hughes Declaration, #12 Exhibit A to Hughes, #13 Exhibit B to Hughes, #14 Portillo Flores Declaration, #15 Exhibit A to Portillo Flores, #16 Exhibit B to Portillo Flores, #17 Tye Declaration, #18 Exhibit A to Tye, #19 Exhibit B to Tye, #20 Exhibit C to Tye, #21 Hameed Declartion, #22 Exhibit A to Hameed)(Tapie, Carolyn) |
| Filing 3 MOTION for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue and Supporting Memorandum of Law by United States of America. (Attachments: #1 Attachment A, #2 Text of Proposed Order)(Tapie, Carolyn) |
| Filing 2 MOTION for Miscellaneous Relief, specifically for Expedited Order Authorizing Alternate Service of Process on Defendants (with Supporting Memorandum of Law) by United States of America. (Attachments: #1 Text of Proposed Order)(Tapie, Carolyn) |
| Filing 1 COMPLAINT for Temporary Restraining Order and Preliminary and Permanent Injunctions against Thu Phan Dinh, Tran Khanh, Nguyen Duy Toan filed by United States of America. (Attachments: #1 Attachment A, #2 Civil Cover Sheet, #3 Proposed Summons)(Tapie, Carolyn) |
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| Defendant: Thu Phan Dinh doing business as "www.zerostore.site" | |
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| Defendant: Nguyen Duy Toan doing business as "www.zerostore.site" | |
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| Defendant: Tran Khanh doing business as "www.zerostore.site" | |
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| Defendant: Nguyen Duy Toan all of whom are doing business as "www.zerostore.site" and other domains identified in Attachment A | |
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| Plaintiff: United States of America | |
| Represented By: | Carolyn B. Tapie |
| Represented By: | Maria Chapa Lopez |
| Represented By: | Michael D. Granston |
| Represented By: | Ethan P. Davis |
| Represented By: | John W.M. Claud |
| Represented By: | Gustav W. Eyler |
| Represented By: | Kathryn A. Schmidt |
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