Ain Jeem, Inc. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
| Ain Jeem, Inc. |
| The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A, William Belknap, Philip Rangel, II, Jesse Murphy, Hall of Fame Sports Memorabilia, Inc., Carl Puckett, Spencer Kaminski, Norapinh Norsavanh doing business as wrestlingfigsmaniacandthings, Derek Dugan doing business as mancaveprints, Charles Muldrow doing business as cali_69, Donna Sanders doing business as sand80502, Cassandra Tisdol doing business as printsbycass, Art Yang doing business as arkindustries, Christine Crabtree doing business as chricrab15, Mike Watkins doing business as teambrinkz, Terrence Smith doing business as thebackcountrydreamer, Anne C Lovgren doing business as filmtvscripts, Jesus Diaz doing business as JustOneVintage, Kenneth Ubom doing business as Weekend52, Dustin J Connors doing business as GinJointsArt, Juan Ledo doing business as StarMemoriesShop, Hovig Asdourian doing business as DieHardFanArt, William Guy doing business as yezindeed, Stephen Thompson doing business as ThompsonEEee, Steven Sean doing business as Stevenkkk, Eli Fisher doing business as Unbeatablesale.com, Wesley Roisum doing business as Posters Forever, Linnea Bernadette Beason doing business as linbea81, Alextubaka, Ro Marticorena Ross doing business as VCMJoy, Kmiseton, HyperThanHype and Progostore |
| Akerman LLP Alejandro J. Fernandez |
| Marcella Anderson Puckett |
| Axencis, Inc., Kareem Abdul Jabbar doing business as Ain Jeem Inc., Deborah Morales doing business as Iconomy, Rick Guerra doing business as Brickell IP Group, Etsy, Inc. and Nicole Fondura doing business as Brickell IP Group |
| 8:2021cv01331 |
| June 1, 2021 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 325 MOTION to Strike #310 Response in Opposition to #299 Motion to Dismiss by Carl Puckett. (BD) |
| Filing 324 MOTION to Strike #308 Response in Opposition to #298 Motion to Dismiss by Carl Puckett. (BD) |
| Filing 323 NOTICE of Voluntary Withdrawal of Motion by Carl Puckett re #273 Motion for Alternative Service of Process on Counter Defendant (BD) |
| Filing 322 MOTION to Strike #290 Response in Opposition to Motion, AMENDED MOTION for Injunctive relief by Carl Puckett. (Attachments: #1 Exhibit)(JNB) |
| Filing 321 MOTION for Miscellaneous Relief, specifically to set aside the Report and Recommendations re #80 by Carl Puckett. (LNR) |
| Filing 320 MOTION for Leave to File Other Document :Reply to Plaintiff's Opposition to Defendant's Motion to Dismiss on inadmissable evidence re #301 by Carl Puckett. (LNR) |
| Filing 319 AMENDED MOTION for Leave to File Other Document: Reply to Plaintiff's Response to Motion re #292 by Carl Puckett. (LNR) |
| Filing 318 MOTION for Leave to File Other Document :Reply to Plaintiff's Response to Motion re #292 by Carl Puckett. (LNR) |
| Filing 317 MOTION for Leave to File Other Document :Third Party Complaint by Carl Puckett, Marcella Anderson Puckett. (Attachments: #1 Third Party Complaint)(LNR) |
| Filing 316 MOTION for Miscellaneous Relief, specifically for Order to Pay Costs by Carl Puckett, Marcella Anderson Puckett. (LNR) |
| Filing 315 RESPONSE in Opposition re #303 MOTION to Dismiss Complaint against Defendant Carl Puckett Pursuant to Fed. R. Civ. P. 41(a)(2) filed by Carl Puckett. (Attachments: #1 Exhibit 1)(LNR) |
| Filing 314 RESPONSE in Opposition re #301 MOTION to Dismiss #1 Complaint on Inadmissible Evidence and MOTION for Injunctive Relief filed by Ain Jeem, Inc. (Guerra, Richard) |
| Filing 313 RESPONSE in Opposition re #304 MOTION for Sanctions filed by Ain Jeem, Inc. (Attachments: #1 Exhibit 1)(Guerra, Richard) |
| Filing 312 RESPONSE in Opposition re #292 MOTION for Summary Judgment filed by Ain Jeem, Inc. (Attachments: #1 Affidavit of Richard Guerra)(Guerra, Richard) |
| Filing 311 MOTION for Leave to File a Reply to #310 Response to #299 Motion to Dismiss and Motion for Injunctive Relief by Carl Puckett. (BD) |
| Filing 310 RESPONSE in Opposition re #299 MOTION to Dismiss #1 Complaint and MOTION for Injunctive Relief filed by Ain Jeem, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Guerra, Richard) |
| Filing 309 MOTION for Leave to File a Reply to #308 Response to #298 Motion to Dismiss by Carl Puckett. (BD) |
| Filing 308 RESPONSE in Opposition re #298 MOTION to Dismiss #1 Complaint and MOTION for Injunctive Relief filed by Ain Jeem, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Guerra, Richard) |
Filing 307
ENDORSED ORDER denying #280 Motion for Clerk's Default for the reasons articulated in Plaintiff's response #282. Signed by Magistrate Judge Anthony E. Porcelli on 5/23/2022. (JMF)
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Filing 306
ORDER denying #268 Motion to Disqualify Judge / Juror. Signed by Magistrate Judge Anthony E. Porcelli on 5/23/2022. (JMF)
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| Filing 305 MOTION for Leave to Oppose #303 Motion to Dismiss to Extend the Length and Response to 28 pages by Carl Puckett. (BD) |
| Filing 304 MOTION for Sanctions by Carl Puckett. (BD) |
| Filing 303 MOTION to Dismiss Complaint against Defendant Carl Puckett Pursuant to Fed. R. Civ. P. 41(a)(2) by Ain Jeem, Inc. (Attachments: #1 Exhibit 1)(Guerra, Richard) |
| Filing 302 REPLY to #286 Response to #268 Motion for Judicial Disqualification filed by Carl Puckett. (BD) |
| Filing 301 MOTION to Dismiss #1 Complaint on Inadmissible Evidence and MOTION for Injunctive Relief by Carl Puckett. (Attachments: #1 Exhibit 1)(BD) |
| Filing 300 MOTION for Leave to Oppose #267 Amended Motion for Default Judgment by Carl Puckett. (BD) |
| Filing 299 MOTION to Dismiss #1 Complaint and MOTION for Injunctive Relief by Carl Puckett. (BD) |
| Filing 298 MOTION to Dismiss #1 Complaint and MOTION for Injunctive Relief by Carl Puckett. (BD) |
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Filing 297
ENDORSED ORDER granting #287 Motion for Leave to File Document. Defendant Carl Puckett shall have up to and including May 23, 2022 to submit a reply brief, not to exceed 7 pages in length. Signed by Magistrate Judge Anthony E. Porcelli on 5/9/2022. (JMF)
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| Filing 296 MOTION for Leave to Reply to #295 Response to #279 Motion for Modification or Setting Aside of the Case Management Report by Carl Puckett. (BD) |
| Filing 295 RESPONSE in Opposition re #279 MOTION to Modify filed by Ain Jeem, Inc. (Guerra, Richard) |
| Filing 294 MOTION for Leave to Reply to #291 Response in Opposition to #273 Motion for Alternative Service of Process by Carl Puckett. (BD) |
| Filing 293 MOTION for Leave to Reply to #290 Response in Opposition to #270 Motion for Injunction by Carl Puckett. (BD) |
| Filing 291 RESPONSE in Opposition re #273 MOTION for Miscellaneous Relief, specifically Alternative Service of Process on Counter Defendant filed by Ain Jeem, Inc. (Guerra, Richard) |
| Filing 290 RESPONSE in Opposition re #270 MOTION for Permanent Injunction filed by Ain Jeem, Inc. (Guerra, Richard) |
| Filing 292 MOTION for Summary Judgment and Motion for Injunctive Relief by Carl Puckett. (BD) |
| Filing 289 MOTION for Leave to File a Reply to #288 Response in Opposition to 260 Motion to Disqualify Judge by Carl Puckett. (BD) |
| Filing 288 RESPONSE in Opposition re #269 MOTION to Disqualify Judge filed by Ain Jeem, Inc.. (Guerra, Richard) |
| Filing 287 MOTION for Leave to File a Reply to #286 Response to #268 Motion for Judicial Disqualification by Carl Puckett. (BD) |
| Filing 286 RESPONSE in Opposition re #268 MOTION to Disqualify Judge filed by Ain Jeem, Inc. (Attachments: #1 Exhibit 1)(Guerra, Richard) |
| Filing 285 SUMMONS issued as to Akerman LLP Alejandro J. Fernandez, Axencis, Inc., Etsy, Inc., Rick Guerra, Kareem Abdul Jabbar, Deborah Morales. (BD) |
| Filing 284 PROPOSED summons to be issued by Carl Puckett. (Attachments: #1 Proposed Summons Axencis, #2 Proposed Summons Abdul Jabbar, #3 Proposed Summons Morales, #4 Proposed Summons Guerra, #5 Proposed Summons Akerman)(BD) |
| Filing 283 RESPONSE in Opposition to #281 Amended Motion to Dismiss; MOTION to Amend #69 Counterclaim by Carl Puckett. (BD) |
| Filing 282 RESPONSE re #280 MOTION for Clerk's Default against Ain Jeem, Inc. filed by Ain Jeem, Inc. (Guerra, Richard) |
| Filing 281 Amended MOTION to Dismiss for Failure to State a Claim by Ain Jeem, Inc. (Guerra, Richard) |
| Filing 280 REQUESTS for Clerk's Entry of Default by Carl Puckett, Marcella Anderson Puckett. (BD) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 279 MOTION for Modification or Setting Aside of the Case Management Report and Discovery Deadline Dates by Carl Puckett, Marcella Anderson Puckett. (BD) |
| Filing 278 AMENDED CROSSCLAIM against Akerman LLP Alejandro J. Fernandez, Axencis, Inc., Rick Guerra, Nicole Fondura, Kareem Abdul Jabbar, Deborah Morales, Etsy, Inc. filed by Carl Puckett, Marcella Anderson Puckett.(BD) Modified on 4/29/2022 to correct docket text (BD). |
| Filing 277 MOTION to Dismiss for Failure to State a Claim by Ain Jeem, Inc. (Guerra, Richard) |
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Filing 276
ENDORSED ORDER denying #274 Motion for Clerk's Default for the reasons stated in #275 Plaintiff's response. Signed by Magistrate Judge Anthony E. Porcelli on 4/26/2022. (JMF)
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| Filing 275 RESPONSE re #274 MOTION for Clerk's Default against Akerman LLP Alejandro J. Fernandez, Brickell IP Grouip, Kareem Abdul Jabbar, Deborah Morales filed by Ain Jeem, Inc. (Guerra, Richard) |
| Filing 274 REQUEST for Clerk's Default against Akerman LLP, Brickell IP Group, Kareem Abdul Jabbar d/b/a Ain Jeem, Inc., Deborah Morales d/b/a Economy by Carl Puckett, Marcella Anderson Puckett. (BD) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 273 MOTION for Alternative Service of Process on Counter Defendant by Carl Puckett, Marcella Anderson Puckett. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Summons)(BD) |
| Filing 272 CERTIFICATE of Interested Persons and Corporate Disclosure Statement by Carl Puckett, Marcella Anderson Puckett. (BD) |
| Filing 271 NOTICE of Clerical Entry Order by Carl Puckett re #269 AMENDED PEREMPTORY CHALLENGE and MOTION for Judicial Disqualification (BD) |
| Filing 270 PETITION for Injunctive Relief by Carl Puckett. (BD) |
| Filing 269 AMENDED PEREMPTORY CHALLENGE and MOTION for Judicial Disqualification Pursuant to 28 U.S.C. 144 and 455(a) by Carl Puckett. (BD) |
| Filing 268 PEREMPTORY CHALLENGE and MOTION for Judicial Disqualification Pursuant to 28 U.S.C. 144 and 455(a) by Carl Puckett. (BD) |
| Filing 267 Amended MOTION for Default Judgment against Alextubaka, Hovig Asdourian, Linnea Bernadette Beason, William Guy, HyperThanHype, Kmiseton, Norapinh Norsavanh, Progostore, Ro Marticorena Ross, Terrence Smith, Stephen Thompson, Kenneth Ubom, Mike Watkins and Memorandum of Law in Support Thereof by Ain Jeem, Inc. (Attachments: #1 Exhibit Schedule A- Defendants that have not answered or otherwise responded to complaint, #2 Affidavit Declaration of Richard Guerra, #3 Text of Proposed Order, #4 Text of Proposed Order)(Fundora, Nicole) |
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Filing 266
ORDER denying without prejudice #219 Motion for Default Judgment. Plaintiff shall have up to and including April 13, 2022 to submit an amended motion that complies with the requirements set forth in the Order. Signed by Magistrate Judge Anthony E. Porcelli on 3/23/2022. (JMF)
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| Filing 265 Plaintiff/Counter-Defendant's REPLY to #67 Counterclaim; Answer and Affirmative Defenses to Defendant/Counter-Plaintiff Hall of Fame Sports Memorabilia, Inc.'s Counterclaim by Ain Jeem, Inc. Related document: #67 Answer to Complaint, Counterclaim filed by Hall of Fame Sports Memorabilia, Inc.(Fundora, Nicole) |
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Filing 264
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal as to Certain Defendants Only (Doc. #263), this cause is hereby dismissed without prejudice as to Defendant STARMEMORIESSHOP only. The case remains as to the other remaining Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 3/9/2022. (CTL)
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| Filing 263 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 262
ORDER: Plaintiff Ain Jeem, Inc.'s Motion to Dismiss Hall of Fame Sports Memorabilia, Inc.'s Counterclaim (Doc. # 152) is DENIED. Ain Jeem, Inc.'s answer to the remaining counterclaim is due within 14 days of the date of this Order. Defendant Hall of Fame Sports Memorabilia, Inc's Cross-Motion for Summary Judgment (Doc. # 189) is GRANTED in part and DENIED in part. The Motion is GRANTED as to Counts I and II of its counterclaim; the motion is DENIED as to Count III. Signed by Judge Virginia M. Hernandez Covington on 3/2/2022. (CTL)
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Filing 261
ORDER of USCA: Motion to dismiss appeal for lack of jurisdiction filed by Appellee Ain Jeem, Inc. is GRANTED. Motion to proceed in forma pauperis filed by Appellant Carl Ellen Puckett, Jr. is DENIED as MOOT re #182 Notice of Appeal filed, #174 Notice of Appeal, #190 Notice of Appeal, #160 Notice of Appeal, #157 Notice of Appeal filed by Carl Puckett. EOD: 02/03/2022; USCA number: 21-12634-HH. (AG)
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Filing 260
ENDORSED ORDER: Defendant Carl Puckett filed a Notice of Appeal on August 3, 2021, as well as several subsequent amendments. (Doc. # 157; Doc. # 160; Doc. # 174; Doc. # 192). In addition to listing specific Orders he appeals from, Puckett also challenges Plaintiff's complaint as a shotgun complaint; thus, he argues that he was precluded from formulating an adequate response or asserting a meaningful counterclaim. (Doc. # 192 at 1-2). He also raises the issue that the temporary restraining order issued against him is an unconstitutional search and seizure. (Id. at 2-4). "As a general matter, the filing of a notice of appeal deprives the district court of jurisdiction over all issues involved in the appeal." Mahone v. Ray, 326 F.3d 1176, 1179 (11th Cir. 2003) (internal citations omitted). A district court may take actions in furtherance of the appeal, Lairsey v. Advance Abrasives Co., 542 F.2d 928, 930 (5th Cir. 1976), or matters collateral to the appeal. Mahone, 326. F.3d at 1179 (internal citations omitted). However, because the pending motions made by and against Puckett tangentially touch on the issues raised in the appeal (Doc. # 162; Doc. # 178; Doc. # 179; Doc. # 216; Doc. # 239; Doc. # 245; Doc. # 246), it is appropriate to deny these motions without prejudice with leave to re-file following the resolution of the appeal. Thus, the Court denies these Motions without prejudice with leave to re-file after entry of a mandate by the Court of Appeals on Puckett's pending appeal. Signed by Judge Virginia M. Hernandez Covington on 2/1/2022. (CTL)
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Filing 259
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal as to Certain Defendants Only (Doc. #258), this cause is hereby dismissed without prejudice as to Defendant CALI_69 only. The case remains as to the other remaining Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 2/1/2022. (CTL)
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| Filing 258 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 257 REPLY to Plaintiff's Response to Motion re #245 MOTION to Disqualify Judge filed by Carl Puckett. (Attachments: #1 Exhibit 1 - Certificate of Service)(BD) |
| Filing 256 ***TERMINATED; Duplicate motion; see #251. Order entered 12/10/21; see 254.*** MOTION for Miscellaneous Relief, specifically requesting Default Judgment Removal by Cassandra Tisdol. (Attachments: #1 Mailing Envelope)(LNR) Modified text on 12/16/2021 (LNR). |
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Filing 254
ENDORSED ORDER: In light of Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. # 249), the Court has dismissed Plaintiff's case against PRINTSBYCASS (Doc. # 253). The Court notes that PRINTSBYCASS filed a Motion Requesting Default Judgment Removal. (Doc. # 251). However, a review of the docket shows that only a Clerk's default was entered against PRINTSBYCASS, not a default judgment. (Doc. # 202). Because the Court has now dismissed PRINTSBYCASS from this lawsuit, there is no need for further action. (Doc. # 249, 253). As such, the Court denies the Motion as moot. Signed by Judge Virginia M. Hernandez Covington on 12/10/2021. (CTL)
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Filing 253
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. # 249), this cause is hereby dismissed without prejudice as to Defendant PRINTSBYCASS only. The case remains as to the other remaining Defendants listed in Schedule A. (Doc. # 6). Signed by Judge Virginia M. Hernandez Covington on 12/10/2021. (CTL)
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Filing 252
ENDORSED ORDER: Granting Motion for Leave to File a Reply (Doc. # 250). Carl Puckett may file a reply brief, not to exceed five pages in length, in support of his Motion to Disqualify (Doc. # 245) by December 17, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/10/2021. (CTL)
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| Filing 251 MOTION Requesting Default Judgment Removal by Cassandra Tisdol. (BD) |
| Filing 250 MOTION for Leave to Reply to Plaintiff's #248 Response to Defendant's #245 Motion to Disqualify Judge by Carl Puckett, Marcella Anderson Puckett. (BD) Modified text on 12/9/2021 (BD) |
| Filing 249 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 255 CORRESPONDENCE received from Cassandra Tisdol. (Attachments: #1 Mailing Envelope)(LNR) |
| Filing 248 RESPONSE in Opposition re #245 MOTION to Disqualify Judge filed by Ain Jeem, Inc. (Fundora, Nicole) Modified text on 12/8/2021 (MCB). |
| Filing 247 RESPONSE to Cross Defendants #246 MOTION to Dismiss or Strike Cross Complaint filed by Carl Puckett, Marcella Anderson Puckett. (BD) |
| Filing 246 MOTION to Dismiss or Strike Cross Complaint by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 245 MOTION for Judicial Disqualification by Carl Puckett. (BD) |
| Filing 244 REPLY to #241 Response to #239 MOTION to Disqualify Judge filed by Carl Puckett. (BD) |
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Filing 243
ENDORSED ORDER granting #242 Motion for Leave to File a Reply. Carl Puckett may file a reply brief, not to exceed five pages in length, in support of his Motion to Disqualify (Doc. #239) by November 24, 2021. Signed by Judge Virginia M. Hernandez Covington on 11/18/2021. (SGM)
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| Filing 242 MOTION for Leave to File a Reply re: #241 RESPONSE in Opposition to #239 Motion to Disqualify Judge by Carl Puckett. (BD) |
| Filing 241 RESPONSE in Opposition re #239 MOTION to Disqualify Judge filed by Ain Jeem, Inc. (Attachments: #1 Exhibit 1- email communication from defendant)(Fundora, Nicole) |
| Filing 240 CROSSCLAIM against Axencis, Inc., Kareem Abdul Jabbar, Deborah Morales, Brickell IP Grouip, Akerman LLP Alejandro J. Fernandez filed by Carl Puckett, Marcella Anderson Puckett.(LNR) |
| Filing 239 MOTION to Disqualify Judge by Carl Puckett. (LNR) |
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Filing 238
ENDORSED ORDER denying #237 Motion for Leave to Appeal In Forma Pauperis pursuant to the Court's prior Order #236. Signed by Magistrate Judge Anthony E. Porcelli on 10/29/2021. (JMF)
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| TRANSMITTAL (Email) to USCA forwarding #236 re #157 Notice of Appeal. USCA number: 21-12634-H. (LNR) |
| Filing 237 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Carl Puckett. (LNR) |
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Filing 236
ORDER granting #228 Motion for Reconsideration / Clarification re #217 Order on Motion to Appeal In Forma Pauperis, #158 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency filed by Carl Puckett; denying #233 Motion to Strike. The Order granting Defendant Carl Puckett's Motion to Proceed In Forma Pauperis #217 is VACATED. Defendant Carl Puckett's Motion to Proceed In Forma Pauperis #158 is DENIED. The Clerk is directed to notify the United States Court of Appeals for the Eleventh Circuit of the denial of the motion to proceed in forma pauperis on appeal. Signed by Magistrate Judge Anthony E. Porcelli on 10/27/2021. (JMF)
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| Filing 234 Minute Entry. Virtual Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 10/26/2021 re #228 MOTION for Reconsideration re #217 Order on Motion to Appeal In Forma Pauperis, #158 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency filed by Ain Jeem, Inc. (digital) (LV) |
| Filing 233 MOTION to Strike #228 MOTION for Reconsideration re #217 Order on Motion to Appeal In Forma Pauperis, #158 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Carl Puckett. (LNR) |
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Filing 232
ENDORSED ORDER: Plaintiff has filed a Notice of Voluntary Dismissal with Prejudice as to Defendants Derek Dugan (d/b/a mancaveprints) and Art Yang (d/b/a arkindustries) (Doc. #231). As these defendants have not filed an answer or motion for summary judgment in this case, dismissal via unilateral notice pursuant to Rule 41(a)(1) is permissible. Pursuant to the Notice, all claims against those defendants are hereby dismissed with prejudice. Signed by Judge Virginia M. Hernandez Covington on 10/8/2021. (SGM)
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| Filing 231 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 230 NOTICE of Zoom hearing on motion re #228 MOTION for Reconsideration re #217 Order on Motion to Appeal In Forma Pauperis, #158 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency. Motion Hearing set for 10/26/2021 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. The Zoom login information will be sent separately. On or before October 15, 2021, Defendant Carl Puckett shall provide an email address where he can receive the Zoom login information by either emailing the undersigned's chambers inbox at [email protected] or telephonically contacting the undersigned's chambers at 813-301-5540.(JMF) |
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Filing 229
ENDORSED ORDER referring Plaintiff's Motion for Reconsideration (Doc. #228) 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 10/5/2021. (SGM) Motions referred to Magistrate Judge Anthony E. Porcelli.
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| Filing 228 MOTION for Reconsideration re #217 Order on Motion to Appeal In Forma Pauperis, #158 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 227 REPLY to Response to Motion re #189 Cross MOTION for Summary Judgment - HOFSM's Reply in Support of Its Cross- Motion for Summary Judgment filed by Hall of Fame Sports Memorabilia, Inc. (Kramer, Jessica) |
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Filing 226
ORDER denying Motion to Stay Doc. #166 filed by Carl Puckett. Signed by Judge Virginia M. Hernandez Covington on 9/23/2021. (TWL)
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| Filing 225 RESPONSE in Opposition re #216 MOTION for Reconsideration re 196 Order on Motion for Miscellaneous Relief to Carl Puckett's Motion for Reconsideration of Order Granting Plaintiff a Sixth Extension of its Ex Parte Restraining Order filed by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 224 RESPONSE in Opposition re #189 Cross MOTION for Summary Judgment to Defendant Hall of Fame Sports Memorabilia, Inc.'s Cross-Motion for Summary Judgment filed by Ain Jeem, Inc. (Attachments: #1 Affidavit Declaration of Ralph Schoenfelder, #2 Affidavit Declaration of Nicole Fundora)(Fundora, Nicole) |
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Filing 223
ENDORSED ORDER denying Plaintiff's seventh Motion for Temporary Restraining Order (Doc. #220). Since a Preliminary Injunction has been entered (Doc. #221), a temporary restraining order is no longer required. Signed by Judge Virginia M. Hernandez Covington on 9/13/2021. (KMH)
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Filing 222
ENDORSED ORDER: Plaintiff Ain Jeem, Inc.'s Motion for Default Judgment and Permanent Injunction (Doc. #219) is hereby referred to the Honorable Anthony E. Porcelli, 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 9/13/2021. (KMH)
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Filing 221
ORDER: The Report and Recommendation (Doc. #80) is accepted and adopted as to the Defendants listed in amended Schedule "A." (Doc. # 219-1). Ain Jeem's Motion for Preliminary Injunction (Doc. #14) is denied as moot as to Devildogtreasure. Ain Jeem's Motion for Preliminary Injunction (Doc. #14) is granted as to the Defendants listed in amended Schedule "A" (Doc. # 219-1). The Temporary Restraining Order (Doc. #8) is dissolved. Signed by Judge Virginia M. Hernandez Covington on 9/13/2021. (KMH)
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| Filing 220 Seventh MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc.(Fundora, Nicole) |
| Filing 219 MOTION for Default Judgment against Alextubaka, Hovig Asdourian, Linnea Bernadette Beason, Derek Dugan, William Guy, HyperThanHype, Kmiseton, Juan Ledo, Charles Muldrow, Norapinh Norsavanh, Progostore, Ro Marticorena Ross, Terrence Smith, Stephen Thompson, Cassandra Tisdol, Kenneth Ubom, Mike Watkins, Art Yang; for Entry of Final Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Ain Jeem, Inc. (Attachments: #1 Exhibit Schedule A- Defendants that have not answered or otherwise responded to complaint, #2 Affidavit Declaration of Richard Guerra, #3 Text of Proposed Order, #4 Text of Proposed Order)(Fundora, Nicole) |
| Filing 218 NOTICE of withdrawal of motion by Ain Jeem, Inc. re #14 MOTION for Preliminary Injunction filed by Ain Jeem, Inc. as to Certain Defendants Only. (Fundora, Nicole) |
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Filing 217
***VACATED; pursuant to court's order #236.*** ORDER granting #158 Motion for Leave to Appeal In Forma Pauperis. Signed by Magistrate Judge Anthony E. Porcelli on 9/7/2021. (JMF) Modified text on 10/28/2021 (LNR).
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| Filing 216 MOTION for Reconsideration re 196 Order on Motion for Miscellaneous Relief by Carl Puckett. (LNR) |
| Filing 215 Clerk's ENTRY OF DEFAULT as to Stephen Thompson. (LNR) |
| Filing 214 Clerk's ENTRY OF DEFAULT as to Progostore. (LNR) |
| Filing 213 Clerk's ENTRY OF DEFAULT as to HyperThanHype. (LNR) |
| Filing 212 Clerk's ENTRY OF DEFAULT as to William Guy. (LNR) |
| Filing 211 Clerk's ENTRY OF DEFAULT as to Hovig Asdourian. (LNR) |
| Filing 210 Clerk's ENTRY OF DEFAULT as to Juan Ledo. (LNR) |
| Filing 209 Clerk's ENTRY OF DEFAULT as to Kmiseton. (LNR) |
| Filing 208 Clerk's ENTRY OF DEFAULT as to Kenneth Ubom. (LNR) |
| Filing 207 Clerk's ENTRY OF DEFAULT as to Ro Marticorena Ross. (LNR) |
| Filing 206 Clerk's ENTRY OF DEFAULT as to Terrence Smith. (LNR) |
| Filing 205 Clerk's ENTRY OF DEFAULT as to Mike Watkins. (LNR) |
| Filing 204 Clerk's ENTRY OF DEFAULT as to Art Yang. (LNR) |
| Filing 203 Clerk's ENTRY OF DEFAULT as to Linnea Bernadette Beason. (LNR) |
| Filing 202 Clerk's ENTRY OF DEFAULT as to Cassandra Tisdol. (LNR) |
| Filing 201 Clerk's ENTRY OF DEFAULT as to Charles Muldrow. (LNR) |
| Filing 200 Clerk's ENTRY OF DEFAULT as to Derek Dugan. (LNR) |
| Filing 199 Clerk's ENTRY OF DEFAULT as to Norapinh Norsavanh. (LNR) |
| Filing 198 Clerk's ENTRY OF DEFAULT as to Alextubaka. (LNR) |
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Filing 197
ENDORSED ORDER granting #169 Motion for entry of default. The Clerk shall enter the defaults as to the defendants listed in Schedule A attached to the motion (Doc. 169-1), except as to chricrab15, as the plaintiff has voluntarily dismissed that defendant (Doc. 176). Signed by Magistrate Judge Anthony E. Porcelli on 8/31/2021. (JMF)
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Filing 196
ENDORSED ORDER: Plaintiff Ain Jeem's Sixth Motion to Extend (Doc. #193) is granted. The Court finds good cause to extend the temporary restraining order by an additional fourteen days. 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. #8) shall now expire on September 14, 2021, at 5:20 PM. Signed by Judge Virginia M. Hernandez Covington on 8/31/2021. (KMH)
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| Filing 195 RESPONSE in Opposition re #179 MOTION for Miscellaneous Relief, specifically NJUNCTIVE RELIEF PURSUANT 15 U.S.C. 1116 (d)(11)(section 34 0f the Lanham Act): INJUNCTIVE RELIEF to Carl Puckett's Petition for Injunctive Relief Pursuant to 15 U.S.C. 1116(d)(11) (Section 34 of the Lanham Act): Injunctive Relief (ECF No. 179) filed by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 194 RESPONSE in Opposition re #178 MOTION for Miscellaneous Relief, specifically FOR INJUNCTIVE RELIEF PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 60(b)(3)(6)(d)(1)(3) to Carl Puckett's Petition for Injunctive Relief Pursuant to Federal Rules of Civil Procedure 60(b)(3)(6)(d)(1)(3) (ECF No. 178) filed by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 193 Sixth MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 191 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #190 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (LNR) |
| Filing 192 AMENDED NOTICE of Issues on Appeal by Carl Puckett. (LNR) |
| Filing 190 NOTICE OF APPEAL as to #142 Order on Motion for Sanctions,Order on Motion for Temporary Restraining Order, 181 Order on Motion for Miscellaneous Relief, 154 Order on Motion to Strike, 170 Order, #80 REPORT AND RECOMMENDATIONS re #14 MOTION for Preliminary Injunction filed by Ain Jeem, Inc. by Carl Puckett. Filing fee not paid. (LNR) |
| Filing 189 Cross MOTION for Summary Judgment by Hall of Fame Sports Memorabilia, Inc. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Declaration of Mary Lloyd, #3 Exhibit 2 - Complaint, #4 Exhibit 2A - Schedule A, #5 Exhibit 3 - Confidential Settlement Agreement, #6 Exhibit 4 - Declaration of Tracy Quinn, #7 Exhibit 5 - July 14, 2021 Hearing Transcript)(Kramer, Jessica) |
| Filing 188 CASE MANAGEMENT REPORT. (Fundora, Nicole) |
| Filing 187 RESPONSE in Opposition re #152 MOTION to Dismiss Counter-Plaintiff Hall of Fame Sports Memorabilia, Inc.'s Counterclaim filed by Hall of Fame Sports Memorabilia, Inc. (Attachments: #1 Exhibit 1)(Kramer, Jessica) |
| Filing 186 NOTICE of Exemption to filing a Case Management Report by Carl Puckett. (LNR) |
| Filing 184 CORRECTED TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #182 CORRECTED Notice of Appeal, #174 SECOND AMENDED Notice of Appeal, #160 AMENDED Notice of Appeal, #157 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (LNR) |
| Filing 185 TRANSCRIPT information form filed by Carl Puckett re #182 Notice of Appeal, #174 Notice of Appeal, #160 Notice of Appeal, #157 Notice of Appeal. USCA number: 21-12634-H. (LNR) (LNR). |
| Filing 183 CERTIFICATE of interested persons and corporate disclosure statement by Ain Jeem, Inc. identifying Other Affiliate AXENCIS Inc. for Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 181
ENDORSED ORDER: Plaintiff Ain Jeem's Fifth Motion to Extend (Doc. #180) is granted. The Court finds good cause to extend the temporary restraining order by an additional fourteen days. 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. # 8) shall now expire on August 31, 2021, at 5:20 PM. Signed by Judge Virginia M. Hernandez Covington on 8/16/2021. (KMH)
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| Filing 180 Fifth MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 179 MOTION for Miscellaneous Relief, specifically for Injunctive Relief Pursuant to 15 U.S.C. 1116 (d)(11)(section 34 of the Lanham Act): Injunctive Relief by Carl Puckett. (LNR) |
| Filing 178 MOTION for Miscellaneous Relief, specifically for Injunctive Relief Pursuant to Federal Rules of Civil Procedure 60(b)(3)(6)(d)(1)(3) by Carl Puckett. (LNR) |
| Filing 177 NOTICE by Ain Jeem, Inc. re #166 Response to motion, 170 Order of Filing Plaintiff's Response to Carl Puckett's "Time Sensitive" Motion for Stay of Proceedings Pending Appeal. (Attachments: #1 Exhibit Plaintiff's Response to Carl Puckett's "Time Sensitive" Motion for Stay of Proceedings Pending Appeal)(Fundora, Nicole) |
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Filing 176
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #175), this cause is hereby dismissed without prejudice as to Defendant chricrab15 only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 8/12/2021. (AR)
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| Filing 175 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 174 SECOND AMENDED NOTICE OF APPEAL as to 170 Order by Carl Puckett. Filing fee not paid. (LNR) |
| Filing 173 RESPONSE to objections to #80 Report and Recommendations; Response to Carl Puckett's Objection to the Report and Recommendation Granting Plaintiff's Motion for Entry of Preliminary Injunctive Relief filed by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 172
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #168), this cause is hereby dismissed without prejudice as to Defendant SheriParker only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 8/11/2021. (AR)
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Filing 171
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #167), this cause is hereby dismissed without prejudice as to Defendants subliworks, bahrululu-0, SamHosier, Stevenkkk, and GraphixDisplate, only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 8/11/2021. (AR)
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Filing 170
ENDORSED ORDER: On August 9, 2021, Defendant Carl Puckett d/b/a Devildogstreasure filed a pro se response to Plaintiff Ain Jeem, Inc.'s motion to dismiss, which also includes a "Motion for Stay of Proceedings Pending Appeal." (Doc. #166). Ain Jeem is directed to respond to the Motion to Stay by August 13, 2021. Signed by Judge Virginia M. Hernandez Covington on 8/11/2021. (AR)
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| Filing 169 MOTION for Miscellaneous Relief, specifically Clerk's Entry of Default by Ain Jeem, Inc. (Attachments: #1 Exhibit Schedule A- Defendants that have not answered or otherwise responded to complaint, #2 Affidavit Declaration of Richard Guerra)(Fundora, Nicole) |
| Filing 168 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 167 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 182 CORRECTED NOTICE OF APPEAL as to 142 Order on Motion for Sanctions, Order on Motion for Temporary Restraining Order, 154 Order on Motion to Strike, 80 REPORT AND RECOMMENDATIONS re 14 MOTION for Preliminary Injunction; re: #157 Notice of Appeal, #160 Amended Notice of Appeal by Carl Puckett. Filing fee not paid. (Attachments: #1 Mailing Envelope) (pages 4-7 added) (AG) Modified text on 8/19/2021 (LNR). |
| Filing 166 CORRECTED RESPONSE to Motion re #162 MOTION to Dismiss (Counterclaim ECF No. 69) filed by Carl Puckett. (BES) |
| Filing 165 RESPONSE to Motion re #162 MOTION to Dismiss (Counterclaim ECF No. 69) filed by Carl Puckett. (BES) |
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Filing 164
ENDORSED ORDER: Defendant Spencer Kaminski's pro se "Motion Requesting Case be Dismissed with Prejudice" (Doc. #163) is denied as moot. The Court has already dismissed this case with prejudice as to Spencer Kaminski d/b/a Midwest Auction on July 27, 2021. (Doc. # 141). The Clerk is directed to terminate Spencer Kaminski as a defendant in this case. Signed by Judge Virginia M. Hernandez Covington on 8/6/2021. (AR)
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| Filing 163 MOTION to Dismiss Case by Spencer Kaminski. (LNR) |
| Filing 162 MOTION to Dismiss (Carl Puckett's Counterclaim ECF No. 69) by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 161 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #160 Notice of Appeal, #157 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (LNR) |
| Filing 160 AMENDED NOTICE OF APPEAL as to #142 Order on Motion for Sanctions, Order on Motion for Temporary Restraining Order, 154 Order on Motion to Strike, #80 REPORT AND RECOMMENDATIONS re #14 MOTION for Preliminary Injunction filed by Carl Puckett. Filing fee not paid. (LNR) Modified text on 8/19/2021 (LNR). |
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Filing 159
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #156), this cause is hereby dismissed with prejudice as to Defendant sand80502 and filmtvscripts only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 8/4/2021. (AR)
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| Filing 158 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Carl Puckett. (LNR) |
| Filing 157 NOTICE OF APPEAL as to #142 Order on Motion for Sanctions, Order on Motion for Temporary Restraining Order, #80 REPORT AND RECOMMENDATIONS re #14 MOTION for Preliminary Injunction filed by Carl Puckett. Filing fee not paid. (LNR) Modified text on 8/19/2021 (LNR). |
| Filing 156 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 155
ENDORSED ORDER: Defendant Carl Puckett d/b/a Devildogstreasure's Motion for Leave and Request to Reply (Doc. #151) is denied. The Court has already ruled on the underlying motion (Doc. # #86; #142), and finds a reply unnecessary. Additionally, the Motion fails to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 8/3/2021. (AR)
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Filing 154
ENDORSED ORDER: Defendant Carl Puckett d/b/a Devilsdogstreasure's Petition and Application for Injunctive Relief and Motion for Sanctions and Temporary Restraining Order and Motion to Strike (Doc. #149) is denied. The Court has already ruled on the substance of this Motion. (Doc. #142). Puckett does not provide a valid basis to strike Plaintiff Ain Jeem's response. See Fed. R. Civ. P. 12(f) ("The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter."). And, the Motion still fails to comply with Local Rule 3.01(g). The Court reiterates for the seventh time that even though he is proceeding pro se, Puckett must comply with Local Rule 3.01(g), as well as the other Local Rules and the Federal Rules of Civil Procedure. Signed by Judge Virginia M. Hernandez Covington on 8/3/2021. (AR)
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Filing 153
ENDORSED ORDER: Plaintiff Ain Jeem's Fourth Motion to Extend (Doc. #150) is granted. The Court finds good cause to extend the temporary restraining order by an additional fourteen days. 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. # 8) shall now expire on August 17, 2021, at 5:20 PM. Signed by Judge Virginia M. Hernandez Covington on 8/3/2021. (AR)
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| Filing 152 MOTION to Dismiss Counter-Plaintiff Hall of Fame Sports Memorabilia, Inc.'s Counterclaim by Ain Jeem, Inc. (Attachments: #1 Exhibit A- Settlement Agreement, #2 Exhibit B- Complaint from First Filed Action, #3 Exhibit C- Schedule A from First Filed Action, #4 Exhibit D- Declaration of Richard Guerra, #5 Exhibit E- Schedule A from Second Filed Action, #6 Exhibit F- Transcript from Hearing on Preliminary Injunction, #7 Exhibit G- Declaration of Nicole Fundora)(Fundora, Nicole) |
| Filing 150 Fourth MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 151 MOTION for Leave to File Other Document :Reply to response to motion re #86 by Carl Puckett. (LNR) |
| Filing 149 MOTION to Strike #131 Response in Opposition to Motion by Carl Puckett. (LNR) |
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Filing 147
ENDORSED ORDER: The Clerk is directed to strike pro se Defendant Carl Puckett d/b/a Devildogstreasure's "Reply to Plaintiff's Response to Defendant's Petition and Application for Injunctive Relief and Motion for Sanctions and Temporary Restraining Order" (Doc. #146). Under Local Rule 3.01(d), "[w]ithout leave, no party may file a reply directed to a response except a response to a motion for summary judgment." Puckett did not seek leave before filing this reply, and the Court already denied the motion at issue. (Doc. #142). The Court reminds Puckett that although he is proceeding pro se, he must still follow both the Local Rules and the Federal Rules of Civil Procedure. Signed by Judge Virginia M. Hernandez Covington on 7/29/2021. (AR)
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| Filing 148 OBJECTION to #80 Report and Recommendations by Carl Puckett. (LNR) |
| Filing 146 ***STRICKEN; pursuant to court's endorsed order 147.***REPLY to Response to Motion re #86 MOTION for Sanctions MOTION for Temporary Restraining Order filed by Carl Puckett. (JLD) Modified text on 7/30/2021 (LNR). |
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Filing 145
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #144), this cause is hereby dismissed with prejudice as to Defendant Posters Forever only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/28/2021. (AR)
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| Filing 144 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 143
ENDORSED ORDER: Defendant Carl Puckett d/b/a Devildogstreasure's pro se "Peremptory Challenge and Motion for Judicial Disqualification" (Doc. #138) is denied for failure to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 7/27/2021. (AR)
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Filing 142
ORDER: Defendant Carl Puckett d/b/a Devildogstreasure's pro se Petition and Application for Injunctive Relief and Motion for Sanctions and Temporary Restraining Order (Doc. #86) is denied. Signed by Judge Virginia M. Hernandez Covington on 7/27/2021. (AR)
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Filing 141
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #140), this cause is hereby dismissed with prejudice as to Defendant MidwestAuction only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/27/2021. (AR)
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| Filing 140 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 139 NOTICE by Ain Jeem, Inc. re #131 Response in Opposition to Motion of Filing Certificate of Service of ECF No. 131 (Fundora, Nicole) |
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Filing 137
ENDORSED ORDER: Because the claims against Jesus Diaz d/b/a JustOneVintage have been voluntarily dismissed (Doc. # 136), Diaz's Motion to Dismiss Complaint for Lack of Personal Jurisdiction (Doc. #133) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 7/27/2021. (AR) Modified to correct docket reference on 7/27/2021 (AR).
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Filing 136
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #134), this cause is hereby dismissed without prejudice as to Defendant JustOneVintage only. Because JustOneVintage has neither filed a motion for summary judgment, nor an answer, dismissal without prejudice via unilateral notice pursuant to Rule 41(a)(1) is permissible. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/27/2021. (AR)
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Filing 135
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #130), this cause is hereby dismissed without prejudice as to Defendant GinJointsArt only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/27/2021. (AR)
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| Filing 138 MOTION for Recusal, MOTION to Vacate all Prior Judgments/Orders by Carl Puckett. (JLD) |
| Filing 134 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 133 MOTION to Dismiss for Lack of Jurisdiction by Jesus Diaz. (Attachments: #1 Affidavit Declaration of Jesus Diaz)(Brown, Joycelyn) |
| Filing 132 NOTICE of Appearance by Joycelyn S. Brown on behalf of Jesus Diaz (Brown, Joycelyn) |
| Filing 131 RESPONSE in Opposition re #86 MOTION for Sanctions MOTION for Temporary Restraining Order Pursuant to This Court's Endorsed Order (ECF No. 87) filed by Ain Jeem, Inc.. (Fundora, Nicole) |
| Filing 130 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 129
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #128), this cause is hereby dismissed without prejudice as to Defendant Unbeatablesale.com only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/26/2021. (AR)
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| Filing 128 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 127
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by August 23, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 7/26/2021. (AR)
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Filing 126
ENDORSED ORDER: Defendant Carl Puckett d/b/a Devildogstreasure's pro se Motion to Sever Claim (Doc. #120) is denied for failure to comply with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 7/26/2021. (AR)
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Filing 125
ENDORSED ORDER: Defendant Carl Puckett d/b/a Devildogstreasure's Motion to Appear By Phone (Doc. # #121; #122) is denied without prejudice. Puckett does not specify at which hearing he would like to appear telephonically, and the Court declines to grant a blanket allowance to appear telephonically. Additionally, the Court reiterates that Puckett must comply with the Local Rules in filing motions, including Local Rule 3.01(g), which provides that before filing a motion, the movant must confer with the opposing party in a good faith effort to resolve the motion, and include such a certification in the motion. Signed by Judge Virginia M. Hernandez Covington on 7/26/2021. (AR)
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Filing 124
ENDORSED ORDER: Defendant Carl Puckett d/b/a Devildogstreasure's pro se "Peremptory Challenge and Defendant's Motion for Judicial Disqualification" (Doc. #123) is denied. In the Motion, Puckett seeks to disqualify the Honorable Kathryn K. Mizelle, United States District Judge, from this case. (Id. at 1). However, Judge Mizelle is not assigned to this case. Accordingly, the Motion is denied. To the extent Puckett seeks dismissal of the claims against him for failure to state a claim in this Motion as well, Puckett has already filed an answer, and the motion is therefore denied as untimely. Fed. R. Civ. 12(b); (Doc. #69). Additionally, the Court notes that pursuant to Local Rule 3.01(g), the moving party must confer with opposing counsel in a good faith effort to resolve the issues raised by a motion before filing, and must include a certificate in the motion indicating whether opposing counsel objects. The Court reminds Puckett that he must follow all rules lawyers are required to follow, even though he is proceeding pro se. Signed by Judge Virginia M. Hernandez Covington on 7/26/2021. (AR)
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| Filing 123 PEREMPTORY CHALLENGE AND MOTION to Disqualify Judge by Carl Puckett. (BES) |
| Filing 119 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: Tracey Aurelio. (TVA) |
| Filing 118 TRANSCRIPT of PRELIMINARY INJUNCTION HEARING held on 7/14/21 before Judge ANTHONY E. PORCELLI. Court Reporter/Transcriber TRACEY AURELIO,Telephone number 813-301-5448, [email protected]. 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 8/16/2021 Redacted Transcript Deadline set for 8/26/2021 Release of Transcript Restriction set for 10/25/2021. (TVA) |
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Filing 117
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #89), this cause is hereby dismissed with prejudice as to Defendant Body-Soul-n-Spirit only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/26/2021. (AR)
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Filing 116
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #88), this cause is hereby dismissed without prejudice as to Defendants DavidJBS, hgbfd1, ChristineBelle, HeEE, and DanielHuie, only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/26/2021. (AR)
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| Filing 115 STATUS report by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 114 RETURN of service executed on 6/26/21 by Ain Jeem, Inc. as to Spencer Kaminski. (Fundora, Nicole) |
| Filing 113 RETURN of service executed on 6/26/21 by Ain Jeem, Inc. as to Linnea Bernadette Beason. (Fundora, Nicole) |
| Filing 112 RETURN of service executed on 7/14/21 by Ain Jeem, Inc. as to Wesley Roisum. (Fundora, Nicole) |
| Filing 122 MOTION for Carl Puckett to appear by phone by Carl Puckett. (BES) |
| Filing 121 MOTION for Carl Puckett to appear by phone by Carl Puckett. (BES) |
| Filing 120 MOTION to Sever Claim by Carl Puckett. (BES) |
| Filing 111 RETURN of service executed on 6/22/21 by Ain Jeem, Inc. as to Eli Fisher. (Fundora, Nicole) |
| Filing 110 RETURN of service executed on 6/21/21 by Ain Jeem, Inc. as to Steven Sean. (Fundora, Nicole) |
| Filing 109 RETURN of service executed on 6/23/21 by Ain Jeem, Inc. as to Stephen Thompson. (Fundora, Nicole) |
| Filing 108 RETURN of service executed on 7/1/21 by Ain Jeem, Inc. as to Carl Puckett. (Fundora, Nicole) |
| Filing 107 RETURN of service executed on 6/25/21 by Ain Jeem, Inc. as to William Guy. (Fundora, Nicole) |
| Filing 106 RETURN of service executed on 6/26/21 by Ain Jeem, Inc. as to Hovig Asdourian. (Fundora, Nicole) |
| Filing 105 RETURN of service executed on 7/1/21 by Ain Jeem, Inc. as to Juan Ledo. (Fundora, Nicole) |
| Filing 104 RETURN of service executed on 7/10/21 by Ain Jeem, Inc. as to Dustin J Connors. (Fundora, Nicole) |
| Filing 103 RETURN of service executed on 6/29/21 by Ain Jeem, Inc. as to Kenneth Ubom. (Fundora, Nicole) |
| Filing 102 RETURN of service executed on 7/6/21 by Ain Jeem, Inc. as to Jesus Diaz. (Fundora, Nicole) |
| Filing 101 RETURN of service executed on 7/1/21 by Ain Jeem, Inc. as to Anne C Lovgren. (Fundora, Nicole) |
| Filing 100 RETURN of service executed on 7/6/21 by Ain Jeem, Inc. as to Terrence Smith. (Fundora, Nicole) |
| Filing 99 RETURN of service executed on 6/23/21 by Ain Jeem, Inc. as to Mike Watkins. (Fundora, Nicole) |
| Filing 98 RETURN of service executed on 6/25/21 by Ain Jeem, Inc. as to Christine Crabtree. (Fundora, Nicole) |
| Filing 97 RETURN of service executed on 6/29/21 by Ain Jeem, Inc. as to Art Yang. (Fundora, Nicole) |
| Filing 96 RETURN of service executed on 6/22/21 by Ain Jeem, Inc. as to Cassandra Tisdol. (Fundora, Nicole) |
| Filing 95 RETURN of service executed on 6/22/21 by Ain Jeem, Inc. as to Donna Sanders. (Fundora, Nicole) |
| Filing 94 RETURN of service executed on 07/03/21 by Ain Jeem, Inc. as to Charles Muldrow. (Fundora, Nicole) |
| Filing 93 RETURN of service executed on 06/25/2021 by Ain Jeem, Inc. as to Derek Dugan. (Fundora, Nicole) |
| Filing 92 RETURN of service executed on 06/23/2021 by Ain Jeem, Inc. as to Norapinh Norsavanh. (Fundora, Nicole) |
| Filing 91 RETURN of service executed on 06/23/2021 by Ain Jeem, Inc. as to Hall of Fame Sports Memorabilia, Inc. (Fundora, Nicole) |
| Filing 90 PROOF of service by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 89 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 88 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 87
ENDORSED ORDER: Plaintiff Ain Jeem, Inc. is directed to respond to the pro se motion for sanctions and temporary restraining order (Doc. #86) by July 26, 2021. Signed by Judge Virginia M. Hernandez Covington on 7/23/2021. (DMD)
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| Filing 86 MOTION for Sanctions, MOTION for Temporary Restraining Order by Carl Puckett. (LNR) |
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Filing 85
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #84), this cause is hereby dismissed with prejudice as to Defendant INSTYLEDECALS only. The case remains as to the other Defendants listed in Schedule A. Signed by Judge Virginia M. Hernandez Covington on 7/22/2021. (DMD)
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| Filing 84 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 83
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #82), this cause is hereby dismissed without prejudice as to Defendant ONTHECOURTCLUB only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/20/2021. (AR)
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| Filing 82 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 81
ENDORSED ORDER: Plaintiff Ain Jeem's Third Motion to Extend (Doc. #79) is granted in part. The Court finds good cause to extend the temporary restraining order by an additional fourteen days at this juncture. 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. #8) shall now expire on August 3, 2021, at 5:20 PM. Signed by Judge Virginia M. Hernandez Covington on 7/19/2021. (AR)
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| Filing 80 REPORT AND RECOMMENDATIONS re #14 Motion for Preliminary Injunction filed by Ain Jeem, Inc. Signed by Magistrate Judge Anthony E. Porcelli on 7/19/2021. (JMF) |
| Filing 79 Third MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 78
ORDER: The Report and Recommendation (Doc. #66) is accepted and adopted. Defendant Hall of Fame Sports Memorabilia, Inc.'s Time-Sensitive Motion for Miscellaneous Relief (Doc. #53) is granted. Plaintiff Ain Jeem, Inc.'s Motion for Preliminary Injunction (Doc. #14) is denied as to Hall of Fame. The Temporary Restraining Order (Doc. #8) is dissolved as to Hall of Fame. Within seven days of the date of this Order, Ain Jeem is directed to take all necessary steps to effectuate the immediate release of all Hall of Fame assets that were frozen as a result of the temporary restraining order entered in this action. Signed by Judge Virginia M. Hernandez Covington on 7/19/2021. (AR)
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Filing 77
ENDORSED ORDER: Plaintiff Ain Jeem, Inc., initiated this case on June 1, 2021. Based on the Court's review of the docket, it appears that service of process has not yet been effected upon a number of the Defendants listed in Schedule A. (Doc. #6). Accordingly, Ain Jeem is directed to file a status report by July 26, 2021, regarding its efforts to effect service of process upon each of the remaining Defendants. Signed by Judge Virginia M. Hernandez Covington on 7/19/2021. (AR)
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Filing 76
ENDORSED ORDER: Defendant Spencer Kaminski's pro se Motion for Extension of Time (Doc. #75) on behalf of "Midwest Auction" is granted in part. Kaminski's response to the complaint is now due August 6, 2021. Signed by Judge Virginia M. Hernandez Covington on 7/19/2021. (AR)
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| Filing 75 MOTION for Extension of Time to File Answer re #1 Complaint by Spencer Kaminski. (AG) |
| Filing 74 NOTICE by Hall of Fame Sports Memorabilia, Inc. re #66 REPORT AND RECOMMENDATIONS re #53 MOTION for Miscellaneous Relief, specifically for an order denying Plaintiff's request for Preliminary Injunction as to Hall of Fame Sports Memorabilia, Inc. ("HOFSM"); dissolving the Temporary Joint Notice by Plaintiff and HOFSM of No Objection to Magistrate's Report and Recommendation. (Kramer, Jessica) |
| Filing 73 NOTICE by Ain Jeem, Inc. re #72 Notice (Other), #64 Motion Hearing of Filing Corrected Proposed Report and Recommendation Granting Plaintiff's Motion for Preliminary Injunction. (Attachments: #1 Text of Proposed Order)(Fundora, Nicole) |
| Filing 72 NOTICE by Ain Jeem, Inc. re #64 Motion Hearing of Filing Proposed Report and Recommendation Granting Plaintiff's Motion for Preliminary Injunction. (Attachments: #1 Text of Proposed Order)(Fundora, Nicole) |
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Filing 71
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #70), this cause is hereby dismissed with prejudice as to Defendant Phantom Cardboard only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/15/2021. (AR)
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| Filing 70 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 68 NOTICE by Ain Jeem, Inc. of Filing Evidence of Infringement (Attachments: #1 Exhibit infringement evidence for remaining defendants)(Fundora, Nicole) |
| Filing 69 ANSWER and affirmative defenses to #1 Complaint by Carl Puckett. (Attachments: #1 Final Draft)(LNR) |
| Filing 67 First Amended ANSWER and affirmative defenses to #1 Complaint , COUNTERCLAIM against Ain Jeem, Inc. by Hall of Fame Sports Memorabilia, Inc.(Kramer, Jessica) |
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Filing 66
REPORT AND RECOMMENDATIONS re #53 MOTION for Miscellaneous Relief, specifically for an order denying Plaintiff's request for Preliminary Injunction as to Hall of Fame Sports Memorabilia, Inc. ("HOFSM"); dissolving the Temporary Restraining Order against HOFSM; ord filed by Hall of Fame Sports Memorabilia, Inc. Signed by Magistrate Judge Anthony E. Porcelli on 7/14/2021. (JMF)
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| Filing 64 Minute Entry. In Person Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 7/14/2021 re #14 MOTION for Preliminary Injunction filed by Ain Jeem, Inc. (digital) Court Reporter: Tracey Aurelio (LV) |
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Filing 63
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #62), this cause is hereby dismissed without prejudice as to Defendants redtigris11, josad_2882, westcoastwildlife, duds_dude, chrut_72, deetzshirts2, shjac401, goldrecordoutlet56, sheddsh1rts, printingspace, NickOfTimeStudioLLC, Poasid, DailySuccessClub, Stickerview, 1800PopCultureBling, danielkk, Paul Runes, EugeneClyburn, LUYREQMI, and Joseph-Stevens only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/14/2021. (AR)
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| Filing 62 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 61 RESPONSE in Opposition re #53 MOTION for Miscellaneous Relief, specifically for an order denying Plaintiff's request for Preliminary Injunction as to Hall of Fame Sports Memorabilia, Inc. ("HOFSM"); dissolving the Temporary Restraining Order against HOFSM; ord filed by Ain Jeem, Inc. (Attachments: #1 Affidavit Declaration of Nicole Fundora)(Fundora, Nicole) |
| Filing 60 NOTICE by Ain Jeem, Inc. of Filing Proposed Report and Recommendation on Plaintiff's Motion for Preliminary Injunction. (Attachments: #1 Text of Proposed Order)(Fundora, Nicole) |
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Filing 59
ORDER: Defendant and Counterclaimant Hall of Fame Sports Memorabilia, Inc.'s counterclaims (Doc. #51) are sua sponte dismissed as a shotgun pleading. Hall of Fame may file amended counterclaims that are not a shotgun pleading by July 20, 2021. Signed by Judge Virginia M. Hernandez Covington on 7/13/2021. (AR)
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Filing 58
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #56), this cause is hereby dismissed with prejudice as to Defendant frippdesign only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/13/2021. (AR)
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Filing 57
ENDORSED ORDER: Defendant Hall of Fame Sports Memorabilia, Inc.'s "Time-Sensitive Motion for Miscellaneous Relief" (Doc. #53) is hereby referred to the Honorable Anthony E. Porcelli, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto, to the extent it requests "entry of an Order denying Plaintiff's request for Preliminary Injunction as to [Hall of Fame], dissolving the Temporary Restraining Order against [Hall of Fame], ordering Plaintiff to take all necessary steps to effectuate the immediate release of all [Hall of Fame] assets that were frozen as a result of this Court's Temporary Restraining Order." (Id. at 1). The Motion is denied to the extent it requests that the Court schedule a separate "expedited hearing on [Hall of Fame's] concurrently filed counterclaims for enforcement of the parties' settlement agreement." (Id.) Signed by Judge Virginia M. Hernandez Covington on 7/13/2021. (AR) Motions referred to Magistrate Judge Anthony E. Porcelli.
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| Filing 56 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 55 CERTIFICATE of interested persons and corporate disclosure statement by Hall of Fame Sports Memorabilia, Inc. (Kramer, Jessica) |
| Filing 54 REQUEST for oral argument on Motion for Miscellaneous Relief #53 by Hall of Fame Sports Memorabilia, Inc. (Kramer, Jessica) |
| Filing 53 MOTION for Miscellaneous Relief, specifically for an order denying Plaintiff's request for Preliminary Injunction as to Hall of Fame Sports Memorabilia, Inc. ("HOFSM"); dissolving the Temporary Restraining Order against HOFSM; ordering release of HOFSM's assets frozen by the Temporary Restraining Order; and additional relief described in the Time-Sensitive Motion by Hall of Fame Sports Memorabilia, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kramer, Jessica) |
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Filing 52
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. # 50), this cause is hereby dismissed with prejudice as to Defendants Zap on the Go and HistoricalMedia only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/12/2021. (AR)
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| Filing 51 ANSWER and affirmative defenses to #1 Complaint , COUNTERCLAIM against Ain Jeem, Inc. by Hall of Fame Sports Memorabilia, Inc.(Kramer, Jessica) |
| Filing 50 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 49 NOTICE OF RESCHEDULING HEARING: The Motion hearing previously scheduled for 7/12/2021 is rescheduled. New scheduling date and time: Motion Hearing set for 7/14/2021 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Plaintiff is directed to serve a copy of this Notice upon Defendants in the manner set forth in the district judge's June 21, 2021 Order (Doc. 17).(JMF) |
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Filing 48
ENDORSED ORDER directing Plaintiff, to the extent not already done so, to serve a copy of the 33 Notice rescheduling the hearing on the Motion for Preliminary Injunction upon Defendants in the manner set forth in the district judge's June 21, 2021 17 Order. Signed by Magistrate Judge Anthony E. Porcelli on 7/9/2021. (JMF)
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Filing 47
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #46), this cause is hereby dismissed with prejudice as to Defendants dotrixart, jrstuvwxy, and hollywoodfinds only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/8/2021. (AR)
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| Filing 46 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 45
ENDORSED ORDER: Jesse Murphy's agreed Motion for Extension of Time (Doc. #43) is granted. Murphy's response to the complaint is due by August 9, 2021. Signed by Judge Virginia M. Hernandez Covington on 7/8/2021. (AR)
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| Filing 44 CERTIFICATE of interested persons and corporate disclosure statement by Jesse Murphy. (Lottenberg, Geoffrey) |
| Filing 43 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Jesse Murphy. (Lottenberg, Geoffrey) |
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Filing 42
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #40), this cause is hereby dismissed without prejudice as to Defendants fanaticposters and PostersbyFanatic only. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/8/2021. (AR)
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Filing 41
ENDORSED ORDER: Phillip Rangel II's Motion and Memorandum to Dismiss Complaint (Doc. #39) is denied without prejudice for failure to comply with Local Rule 3.01(g). Pursuant to Local Rule 3.01(g), the moving party must confer with opposing counsel in a good faith effort to resolve the issues raised by a motion filed in a civil action, including motions to dismiss. Local Rule 3.01(g), M.D. Fla. The moving party must include a certification at the end of the motion indicating whether opposing counsel objects to the requested relief. Id. Signed by Judge Virginia M. Hernandez Covington on 7/7/2021. (AR)
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| Filing 40 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 39 MOTION to Dismiss Complaint and Memorandum by Philip Rangel, II. (Attachments: #1 Affidavit, #2 Affidavit)(Milbrath, Stephen) |
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Filing 38
ENDORSED ORDER: The Clerk is directed to strike Defendant Phillip Rangel II's "Motion to Dismiss and Memorandum in Opposition to Injunction Motion" (Doc. #34). Rangel is directed to refile the motion under the correct docket category, and to separately file his response in opposition to the motion for preliminary injunction. Signed by Judge Virginia M. Hernandez Covington on 7/7/2021. (AR)
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Filing 37
ENDORSED ORDER: William Belknap's Motion to Clarify the Endorsed Order (Doc. #28) is granted only to the extent it seeks a clarification of the Court's June 29, 2021, Order. (Doc. # 24). On June 28, 2021, Plaintiff Ain Jeem, Inc., filed a notice of voluntary dismissal with prejudice as to Defendant NonquittStudio. (Doc. #22). According to Belknap, he is the owner of NonquittStudio. (Doc. #28 at 1). However, shortly thereafter, and before the Court entered an order dismissing the case with prejudice as to NonquittStudio, Ain Jeem filed a corrected notice of voluntary dismissal. (Doc. #23). That corrected notice indicated that the dismissal was actually sought without prejudice, and that the previous notice "inadvertently, due to clerical error, designated [it] as with prejudice." (Id. at 1 n.1). Accordingly, the Court entered an Order dismissing the case without prejudice as to NonquittStudio. (Doc. # 24). On June 29, 2021, William Belknap moved for clarification of that Order and requested that the Court dismiss the claims against NonquittStudio with prejudice. (Doc. #28). However, the initial designation of dismissal with prejudice was merely a clerical error that was quickly corrected. Additionally, under Federal Rule of Civil Procedure Rule 41(a), Ain Jeem was within its right to unilaterally dismiss NonquittStudio without prejudice because no answer or motion for summary judgment had been filed. Fed. R. Civ. P. 41(a). Accordingly, the Motion is denied to the extent it requests that the Court dismiss NonquittStudio with prejudice, and the Court clarifies that the dismissal remains without prejudice. Signed by Judge Virginia M. Hernandez Covington on 7/7/2021. (AR)
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| Filing 36 NOTICE of Appearance for P. Rangel, II by Stephen D. Milbrath on behalf of The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A (Milbrath, Stephen) |
| Filing 35 RESPONSE in Opposition re #28 MOTION for Clarification re 24 Order to Reflect that the Dismissal of the Claims Against Him is With Prejudice to Non-Party William Belknap's Motion to Clarify filed by Ain Jeem, Inc. (Attachments: #1 Affidavit Declaration of Richard Guerra)(Fundora, Nicole) |
| Filing 34 ***STRICKEN; pursuant to court's endorsed order 38.***Motion to Dismiss & Memorandum in Opposition to Injunction Motion; ANSWER to #1 Complaint By Phillip Rangel, II by The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A. (Attachments: #1 Affidavit Declaration of Phillip Rangel, II)(Milbrath, Stephen) Modified text on 7/8/2021 (LNR). |
| Filing 33 NOTICE OF RESCHEDULING HEARING: The Motion hearing for Preliminary Injunction previously scheduled for 7/7/2021 is rescheduled. New scheduling date and time: Motion Hearing for Preliminary Injunction is set for 7/12/2021 at 10:30 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. (LV) |
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Filing 32
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #31), this cause is hereby dismissed with prejudice as to Defendant mavoobars. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 7/1/2021. (AR)
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| Filing 31 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 30 RESPONSE re 21 Order filed by Ain Jeem, Inc. (Attachments: #1 Affidavit Declaration of Richard Guerra)(Fundora, Nicole) |
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Filing 29
ENDORSED ORDER: Plaintiff Ain Jeem, Inc.'s Second Motion to Extend Ex Parte Temporary Restraining Order (Doc. #27) is granted in part. The Court finds good cause to extend the temporary restraining order by an additional 14 days at this juncture. 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. #8) shall now expire on July 20, 2021, at 5:20 PM. Signed by Judge Virginia M. Hernandez Covington on 6/30/2021. (AR)
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| Filing 28 MOTION for Clarification re 24 Order to Reflect that the Dismissal of the Claims Against Him is With Prejudice by William Belknap. (Attachments: #1 Exhibit A - Declaration of Andrew D. Lockton, Esq., #2 Exhibit 1 to Lockton Declaration, #3 Exhibit 2 to Lockton Declaration, #4 Exhibit 3 to Lockton Declaration, #5 Exhibit 4 to Lockton Declaration, #6 Exhibit 5 to Lockton Declaration, #7 Exhibit 6 to Lockton Declaration, #8 Exhibit 7 to Lockton Declaration, #9 Exhibit 8 to Lockton Declaration)(Lockton, Andrew) |
| Filing 27 Second MOTION for Miscellaneous Relief, specifically to Extend Ex Parte Temporary Restraining Order by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 26
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #25), this cause is hereby dismissed without prejudice as to Defendant billdanielssports. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 6/29/2021. (AR)
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| Filing 25 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 24
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #23), this cause is hereby dismissed without prejudice as to Defendant NonquittStudio. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 6/29/2021. (AR)
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| Filing 23 NOTICE of voluntary dismissal (Corrected) by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 22 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 21
ENDORSED ORDER: In its complaint, Plaintiff states it is a Delaware corporation with its principal place of business in Newport Beach, California. (Doc. #1 at 3). Neither the complaint nor Schedule A alleges where Defendants are located. (Doc. # #1; #6). And although Plaintiffs allege in the complaint that Defendants sold counterfeit goods to consumers in the State of Florida generally, (Doc. #1 at 3), their motion for preliminary injunction repeatedly refers to the Southern District of Florida. (Doc. #14 at 6, 13). 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 July 5, 2021. Signed by Judge Virginia M. Hernandez Covington on 6/28/2021. (AR)
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Filing 20
ENDORSED ORDER: Pursuant to Plaintiff Ain Jeem, Inc.'s Notice of Voluntary Dismissal (Doc. #19), this cause is hereby dismissed with prejudice as to Defendants sportsactionshots, Posterazzi, and Karla Bryant34. The case remains as to the other Defendants listed in Schedule A. (Doc. #6). Signed by Judge Virginia M. Hernandez Covington on 6/28/2021. (AR)
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| Filing 19 NOTICE of voluntary dismissal by Ain Jeem, Inc. (Fundora, Nicole) |
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Filing 18
ORDER Setting Hearing on Motion re #14 MOTION for Preliminary Injunction: Motion Hearing set for 7/7/2021 at 10:00 AM in person in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. On or before June 25, 2021, Plaintiff is directed to serve a copy of this Order and, to the extent Plaintiff has not already done so, the #1 Complaint and the #14 Motion for Preliminary Injunction upon Defendants in the manner set forth in the district judge's June 21, 2021 17 Order. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 6/22/2021. (JMF)
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Filing 17
ENDORSED ORDER: Plaintiff Ain Jeem, Inc.'s "Motion for Order Authorizing Alternate Service of Process on Defendants" (Doc. #13) is granted. Ain Jeem has demonstrated that the proposed alternative service is not prohibited by international agreement and is reasonably calculated to provide the Defendants outside of the United States with 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, Ain Jeem is permitted to serve the summonses, complaint, and all pleadings, filings, and discovery upon each Defendant residing outside of the United States (1) via e-mail by providing the address to Ain Jeem'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 (2) via website posting by posting a copy of the summons, complaint, and all filings in this matter on Ain Jeem's Serving Notice Website appearing at the URL specified in the Motion. (Doc. #13 at 16). Signed by Judge Virginia M. Hernandez Covington on 6/21/2021. (AR)
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Filing 16
ENDORSED ORDER: Plaintiff Ain Jeem, Inc.'s Motion for Preliminary Injunction (Doc. #14) is hereby referred to the Honorable Anthony E. Porcelli, 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. (AR) Motions referred to Magistrate Judge Anthony E. Porcelli.
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Filing 15
ENDORSED ORDER: Plaintiff Ain Jeem, Inc.'s Motion to Extend Ex Parte Temporary Restraining Order (Doc. #10) is granted. The Court finds good cause to extend the temporary restraining order. The temporary restraining order (Doc. #8) shall expire on July 6, 2021, at 5:20 PM. Signed by Judge Virginia M. Hernandez Covington on 6/21/2021. (AR)
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| Filing 14 MOTION for Preliminary Injunction by Ain Jeem, Inc. (Attachments: #1 Text of Proposed Order)(Fundora, Nicole) |
| Filing 13 MOTION for Miscellaneous Relief, specifically for Order Authorizing Alternate Service of Process on Defendants by Ain Jeem, Inc. (Attachments: #1 Affidavit Declaration of Richard Guerra)(Fundora, Nicole) |
| Filing 12 SUMMONS issued as to The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A. (LNR) |
| Filing 11 PROPOSED summons to be issued by Ain Jeem, Inc. (Fundora, Nicole) |
| Filing 10 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) |
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Filing 9
ENDORSED ORDER: On June 4, 2021, the Court permitted Plaintiff Ain Jeem, Inc., 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. (Doc. #8). Accordingly, the sealed documents and motions should be unsealed at this time. The Clerk is directed to lift the seal on docket entries 6 through 8. Signed by Judge Virginia M. Hernandez Covington on 6/11/2021. (AR)
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Filing 8
ORDER granting #7 Sealed Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 6/8/2021. (AR) (***Unsealed; pursuant to court's endorsed order 9.***) Modified security on 6/14/2021 (LNR).
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| Sealed Document: S-6, S-7. (***Unsealed; pursuant to court's endorsed order 9.***) (LNR) Modified text on 6/14/2021 (LNR). |
| Filing 7 MOTION for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets by Ain Jeem, Inc. (Attachments: #1 Declaration of Richard Guerra, #2 Text of Proposed Order)(LNR)(***Unsealed; pursuant to court's endorsed order 9.***) Modified security on 6/14/2021 (LNR). |
| Filing 6 Exhibit A by Ain Jeem, Inc. re #1 Complaint. (LNR)(***Unsealed; pursuant to court's endorsed order 9.***) Modified security on 6/14/2021 (LNR). |
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Filing 5
ENDORSED ORDER: The Motion for Leave to File Under Seal (Doc. #4) is granted. Plaintiff Ain Jeem, Inc., 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 6/4/2021. (AR)
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| 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. (Fundora, Nicole) |
| Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 Copy of Complaint) (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-1331-VMC-AEP. (SJB) |
| Filing 1 COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A (Filing fee $ 402 receipt number AFLMDC-18314687) filed by Ain Jeem, Inc. (Attachments: #1 Exhibit 1- federal trademark registrations, #2 Civil Cover Sheet)(Fundora, Nicole) |
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