Ain Jeem, Inc. v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A
Plaintiff: Ain Jeem, Inc.
Defendant: The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, Jzawyn Fountain doing business as Zow-Zows and Misael Lerma doing business as deviousdecals
Case Number: 8:2021cv01261
Filed: May 24, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Julie S Sneed
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1125
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2021 Opinion or Order Filing 51 ENDORSED ORDER granting the fourth motion to extend ex parte temporary restraining order. (Doc. #50). The Court finds good cause to extend the temporary restraining order. See Chanel, Inc. v. Chen, No. 16-cv-61350-COOKE/TORRES, 2016 WL 9462084, at *1 (S.D. Fla. Aug. 16, 2016) (finding good cause to extend a temporary restraining order because the motion for preliminary injunction was not yet resolved); see also Acushnet Co. v. 168GolfShop, No. 16-61537-CIV-MARTINEZ-GOODMAN, 2016 WL 8677191, at *1 (S.D. Fla. Aug. 19, 2016) (same). The temporary restraining order (Doc. #12) shall expire on August 10, 2021, at 10:45 AM. Signed by Judge Virginia M. Hernandez Covington on 7/26/2021. (DMD)
July 26, 2021 Filing 50 Fourth MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Fundora, Nicole)
July 26, 2021 Opinion or Order Filing 49 ENDORSED ORDER: Pursuant to the notices of voluntary dismissal of certain defendants (Doc. #47, #48), this case is dismissed with prejudice as to Defendants Softwarelearn, Besthappystore, and Teechip.com. The case remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 7/26/2021. (DMD)
July 23, 2021 Filing 48 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 23, 2021 Filing 47 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 21, 2021 Opinion or Order Filing 46 ENDORSED ORDER: Pursuant to the notice of voluntary dismissal of certain defendants (Doc. #45), this case is dismissed with prejudice as to Defendants Maxjersey02, Gjybest005, Top_Sport004, Players_One, and Sport-Jersey-Factory. The case remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 7/21/2021. (DMD)
July 19, 2021 Filing 45 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 19, 2021 Opinion or Order Filing 44 ENDORSED ORDER: Pursuant to the notices of voluntary dismissal of certain defendants (Doc. # #40, #41), the case is dismissed without prejudice as to Defendants Monstergirlss, Alexcx, Rhehdhks56, Laspinaee, and Trisevenentertainment. The case remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 7/19/2021. (DMD)
July 17, 2021 Filing 43 RETURN of service executed on 06/16/2021 by Ain Jeem, Inc. as to Misael Lerma. (Fundora, Nicole)
July 17, 2021 Filing 42 RETURN of service executed on 06/17/2021 by Ain Jeem, Inc. as to Jzawyn Fountain. (Fundora, Nicole)
July 17, 2021 Filing 41 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 17, 2021 Filing 40 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 14, 2021 Opinion or Order Filing 39 ENDORSED ORDER: Pursuant to the notice of voluntary dismissal of certain defendants (Doc. #38), this case is dismissed with prejudice as to the Defendants listed in the notice. The case remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 7/14/2021. (DMD)
July 14, 2021 Filing 38 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 13, 2021 Filing 37 PROOF of service by Ain Jeem, Inc. (Fundora, Nicole)
July 12, 2021 Opinion or Order Filing 36 ENDORSED ORDER: Pursuant to the notices of voluntary dismissal of certain defendants (Doc. # 28, 30, 31), this case is dismissed with prejudice as to Defendants ProJerseyDealer, Death Ray Prints, Easy_Share, Gytrade, Feiteng011, and Shoes_Wear only. Pursuant to the notice of voluntary dismissal of certain defendants (Doc. # 29), the case is dismissed without prejudice as to Noble Dawn Design, Teehag.com, Hottopshirt.com, Ibinggear.com, Fastt-shirt.com, Leaguepremiumtee.com, 8amshirt.com, Moteefes.com, Touchshirt.net, Myfrogtee.com, Asktshirt.com, Bucktee.com, Istyleshirt.com, Kungkulpremium.com, Teeress.com, Thexbear.com, T-shirtat.com, Sunsetshirt.com, Americasltd, Touheedg.com, Nbajerseysmart.top, Ceternexsar.com, and Nbaequipshop.org only. The case remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 7/12/2021. (DMD)
July 12, 2021 Opinion or Order Filing 35 ENDORSED ORDER granting the third motion to extend ex parte temporary restraining order. (Doc. #34). The Court finds good cause to extend the temporary restraining order. The temporary restraining order (Doc. #12) shall expire on July 27, 2021, at 10:45 AM. Signed by Judge Virginia M. Hernandez Covington on 7/12/2021. (DMD)
July 12, 2021 Filing 34 Third MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Fundora, Nicole)
July 12, 2021 Filing 32 Minute Entry. Virtual Proceedings held before Magistrate Judge Julie S. Sneed: STATUS CONFERENCE held on 7/12/2021. Court Reporter: Rebekah Lockwood (CDT)
July 11, 2021 Filing 31 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 11, 2021 Filing 30 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 11, 2021 Filing 29 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 11, 2021 Filing 28 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 6, 2021 Opinion or Order Filing 27 ENDORSED ORDER: Pursuant to the notice of voluntary dismissal of certain defendants (Doc. #26), this case is dismissed with prejudice as to Defendant Retro Classic Jersey only. The case remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 7/6/2021. (DMD)
July 6, 2021 Filing 26 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole)
July 2, 2021 Filing 25 NOTICE of hearing re: #19 Motion for Preliminary Injunction. Status Conference set for July 12, 2021, at 10:00 a.m. via Zoom Video Conference before Magistrate Judge Julie S. Sneed. (BRC)
June 28, 2021 Opinion or Order Filing 24 ENDORSED ORDER: Pursuant to the notice of voluntary dismissal of certain defendants (Doc. #23), this case is dismissed with prejudice as to Defendants New Jersey Store, Lakers_24_Bryant, Best Union Jersey, Best Jersey Shop, and Poloshirtxx. The case remains pending as to the other Defendants. Signed by Judge Virginia M. Hernandez Covington on 6/28/2021. (DMD)
June 26, 2021 Filing 23 NOTICE of voluntary dismissal as to Certain Defendants by Ain Jeem, Inc. (Fundora, Nicole) Modified on 6/28/2021 (BES).
June 25, 2021 Opinion or Order Filing 22 ENDORSED ORDER granting the second motion to extend ex parte temporary restraining order. (Doc. #21). The Court finds good cause to extend the temporary restraining order. The temporary restraining order (Doc. #12) shall expire on July 13, 2021, at 10:45 AM. Signed by Judge Virginia M. Hernandez Covington on 6/25/2021. (DMD)
June 24, 2021 Filing 21 Second MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Attachments: #1 Affidavit Declaration of Richard Guerra)(Fundora, Nicole)
June 21, 2021 Opinion or Order Filing 20 ENDORSED ORDER REFERRING MOTION: The motion for preliminary injunction (Doc. #19) is hereby referred to the Honorable Julie S. Sneed, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 6/21/2021. (DMD) Motions referred to Magistrate Judge Julie S. Sneed.
June 18, 2021 Filing 19 MOTION for Preliminary Injunction by Ain Jeem, Inc. (Attachments: #1 Text of Proposed Order)(Fundora, Nicole)
June 10, 2021 Sealed Document: S-18. (LNR)
June 9, 2021 Opinion or Order Filing 17 ENDORSED ORDER granting the motion to extend ex parte temporary restraining order. (Doc. #16). The Court finds good cause to extend the temporary restraining order. The temporary restraining order (Doc. #12) shall expire on June 29, 2021, at 10:45 AM. Signed by Judge Virginia M. Hernandez Covington on 6/9/2021. (DMD)
June 9, 2021 Filing 16 MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Attachments: #1 Affidavit Declaration of Richard Guerra)(Fundora, Nicole)
June 8, 2021 Opinion or Order Filing 15 ENDORSED ORDER: On May 28, 2021, the Court permitted Plaintiff to file certain documents and motions under seal but specified that these "documents and motions will only remain under seal until the Court has ruled on the request for a temporary restraining order." (Doc. # 5). The Court has since granted the motion for temporary restraining order. Accordingly, the sealed documents and motions should be unsealed at this time. The Clerk is directed to lift the seal on docket entries 6-9 and 12. Signed by Judge Virginia M. Hernandez Covington on 6/8/2021. (DMD)
June 3, 2021 Filing 14 SUMMONS issued as to The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A. (BES)
June 2, 2021 Filing 13 PROPOSED summons to be issued by Ain Jeem, Inc. (Fundora, Nicole)
June 1, 2021 Sealed Document S-12. (BES) ***Seal lifted; pursuant to court's endorsed order 15.*** Modified text on 6/9/2021 (LNR).
June 1, 2021 Opinion or Order Filing 12 ORDER granting #7 Motion for Entry of Temporary Restraining Order. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 6/1/2021. (DMD) Modified security on 6/9/2021 (LNR).
June 1, 2021 Filing 11 RESPONSE re 3 Order no pdf to Court's Endorsed Order (ECF No. 3) filed by Ain Jeem, Inc. (Attachments: #1 Affidavit Declaration of Richard Guerra)(Fundora, Nicole)
June 1, 2021 Opinion or Order Filing 10 ENDORSED ORDER: Plaintiff is directed to submit a copy of the sealed Proposed Order (Doc. # 7-1) in Microsoft Word (.doc or.docx) format to the chambers inbox, CHAMBERS_FLMD_COVINGTON@flmd.uscourts.gov. Include the case number and case name in the subject line. Signed by Judge Virginia M. Hernandez Covington on 6/1/2021. (DMD)
June 1, 2021 Opinion or Order Filing 9 ENDORSED ORDER granting the sealed ex parte motion for order authorizing alternate service of process on Defendants. (Doc. #8). Plaintiff has demonstrated that the proposed alternative service is not prohibited by international agreement and is reasonably calculated to provide Defendants the opportunity to present their objections. See Fed. R. Civ. P. 4(f)(3); Richemont Int'l SA v. Cartierlove2u.com, No. 19-61968-CIV, 2019 WL 7938516 (S.D. Fla. Aug. 9, 2019). Accordingly, Plaintiff is permitted to serve the summonses, complaint, and all pleadings, filings, and discovery upon each Defendant (1) via e-mail by providing the address to Plaintiff's designated serving notice website to Defendants via the e-mail accounts provided by the e-commerce platform associated with each of the Seller IDs and Subject Domain Names, and (2) via website posting by posting a copy of the summons, complaint, and all filings in this matter on Plaintiff's Serving Notice Website appearing at the URL specified in the motion. Signed by Judge Virginia M. Hernandez Covington on 6/1/2021. (DMD) Modified security on 6/9/2021 (LNR).
June 1, 2021 Sealed Document S-9. (BES) ***Seal lifted; pursuant to court's endorsed order 15.*** Modified text on 6/9/2021 (LNR).
May 28, 2021 Filing 8 MOTION for Order Authorizing Alternate Service of Process on Defendants by Ain Jeem, Inc. (BES) Modified security on 6/9/2021 (LNR).
May 28, 2021 Filing 7 MOTION for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets by Ain Jeem, Inc. (Attachments: #1 Text of Proposed Order)(BES) Modified security on 6/9/2021 (LNR).
May 28, 2021 Filing 6 NOTICE of Filing Exhibit A to the Complaint by Ain Jeem, Inc. (BES) Modified security on 6/9/2021 (LNR).
May 28, 2021 Sealed Documents S-6, S-7 and S-8. (BES) ***Seal lifted; pursuant to court's endorsed order 15.*** Modified text on 6/9/2021 (LNR).
May 28, 2021 Opinion or Order Filing 5 ENDORSED ORDER granting the motion for leave to file under seal (Doc. #4). Plaintiff is permitted to file the documents and motions specified in the motion under seal. These documents and motions will only remain under seal until the Court has ruled on the request for a temporary restraining order. Additionally, the Court advises that a motion for a temporary restraining order should be filed separately from a motion for preliminary injunction, as they seek different forms of injunctive relief and should not be combined in one motion. Signed by Judge Virginia M. Hernandez Covington on 5/28/2021. (DMD)
May 28, 2021 Filing 4 MOTION for Leave to File Other Document :Time-Sensitive Motion For Leave To File Under Seal Pursuant to 15 U.S.C. Sec 1116(D)(8) by Ain Jeem, Inc. (Fernandez, Alejandro)
May 25, 2021 Opinion or Order Filing 3 ENDORSED ORDER: In its complaint, Plaintiff states that it is a Delaware corporation with its principal place of business in Newport Beach, California. (Doc. #1 at 4). And the complaint does not allege where Defendants, who are unidentified, are located. Indeed, the only apparent connection to the Middle District of Florida is that Defendants allegedly sell counterfeit goods online to "consumers throughout the United States," which includes this District. Accordingly, Plaintiff is directed to file more information establishing, if possible, that this District is the forum in which this action should be litigated by June 1, 2021. Additionally, Plaintiff is directed to file a copy of "Schedule A" on the docket by that date. Signed by Judge Virginia M. Hernandez Covington on 5/25/2021. (DMD)
May 25, 2021 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-1261-VMC-JSS. (SJB)
May 24, 2021 Filing 1 COMPLAINT against Ain Jeem, Inc. (Filing fee $ 402 receipt number AFLMDC-18287924) filed by Ain Jeem, Inc. (Attachments: #1 Exhibit 1- federal trademark registrations, #2 Civil Cover Sheet)(Fundora, Nicole)

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Plaintiff: Ain Jeem, Inc.
Represented By: Nicole Fundora
Represented By: Alejandro J. Fernandez
Represented By: Richard Guerra
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Defendant: The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A
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Defendant: Jzawyn Fountain doing business as Zow-Zows
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Defendant: Misael Lerma doing business as deviousdecals
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