Awareness Avenue Jewelry LLC et al v. The Partnerships and Unincorporated Associations identified on Schedule "A"
| AWARENESS AVENUE JEWELRY LLC and Mikkel Guldberg Hansen |
| THE PARTNERSHIPS and UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE "A", duratione.com, clusterw.com, resemblek.com, neverpaints.com, termuecular.com, fractionk.net, fastenery.com, summer-bud.com, expectationd.com, preferlikely.com, ondutyearth.com, seebraw.com, admiratione, aerthuake.com, confrontn.com, Buulgo and ZIAVIA |
| 8:2023cv00002 |
| January 3, 2023 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Amanda Arnold Sansone |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
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Filing 97
ENDORSED ORDER: From a review of the record, it appears that Plaintiffs have settled with the Defendants who have appeared in the case, see (Docs. #90, #91, #92; 93, 94, 96), and that the objects of this litigation as to those Defendants have been accomplished. Plaintiffs failed to appear at a case management conference duly noticed for November 15, 2023. See (Doc. 86). Accordingly, pursuant to Fed. R. Civ. P. 16(f)(1)(A) and (C), this action is hereby dismissed with prejudice as to the Defendants identified in the notice of settlement filed by Plaintiffs on November 6, 2023 (Doc. #92), and without prejudice as to the remaining Defendants. The preliminary injunction entered by the Court on February 16, 2023 (Doc. #20) is hereby dissolved. The Clerk is directed to return the cash security posted by Plaintiffs and deposited in the Court Registry, including principal and any accrued interest, to Plaintiffs via check payable to Michael Alexander Hurckes, and mailed to Michael Alexander Hurckes, MAH Advising PLLC, 3030 Rocky Point Drive W, Suite 150, Tampa FL 33607. The Clerk is directed to terminate any pending motions and deadlines and thereafter close this case. Plaintiffs are directed to provide a copy of this Order to all Defendants and third party providers. Signed by Judge Thomas P. Barber on 11/17/2023. (EKB)
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Filing 96
ENDORSED ORDER: Pursuant to Federal Rule of Civil Procedure 41(a) and Plaintiffs' "Notice of Voluntary Dismissal with Prejudice" (Doc. #91), this case is dismissed with prejudice as to Defendants Nos. 2, 12, 14, 19, 23, 25, 27, 35, 40, 42, 45, 46, 53, 54, and 68 (duratione.com, clusterw.com, resemblek.com, neverpaints.com, termuecular.com, fractionk.net, fastenery.com, summer-bud.com, admiratione.com, expectationd.com, aerthuake.com, confrontn.com, preferlikely.com, ondutyearth.com, and seebraw.com, respectively) as identified in Schedule A to the Complaint only, with each party to bear its own attorney's fees and costs. This dismissal does not affect any other party in this action. Signed by Judge Thomas P. Barber on 11/17/2023. (EKB)
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| Filing 95 Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: CASE MANAGEMENT CONFERENCE held on 11/15/2023. Court Reporter: Rebekah Lockwood (SRC) |
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Filing 94
ENDORSED ORDER: On the basis of the "Notice of Resolution Per Local Rule 3.09" (Doc. #92), this cause is dismissed without prejudice as to Defendants No. 3 and 49 (Bulgo and Ziavia) as identified in Schedule A to the Complaint only, subject to the right of the parties to re-open the action within sixty (60) days, upon good cause shown, or to submit a stipulated form of final judgment or stipulation of dismissal. After that 60-day period, however, without further order, this dismissal shall be deemed with prejudice as to these Defendants. Signed by Judge Thomas P. Barber on 11/7/2023. (EKB)
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Filing 93
ENDORSED ORDER: On the basis of the "Notice of Resolution Per Local Rule 3.09" (Doc. #90), this cause is dismissed without prejudice as to Defendants Nos. 2, 12, 14, 19, 23, 25, 27, 35, 40, 42, 45, 46, 53, 54, and 68 (duratione.com, clusterw.com, resemblek.com, neverpaints.com, termuecular.com, fractionk.net, fastenery.com, summer-bud.com, admiratione.com, expectationd.com, aerthuake.com, confrontn.com, preferlikely.com, ondutyearth.com, and seebraw.com, respectively) as identified in Schedule A to the Complaint only, subject to the right of the parties to re-open the action within sixty (60) days, upon good cause shown, or to submit a stipulated form of final judgment or stipulation of dismissal. After that 60-day period, however, without further order, this dismissal shall be deemed with prejudice as to these Defendants. Signed by Judge Thomas P. Barber on 11/7/2023. (EKB)
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| Filing 92 NOTICE of settlement with the Defendants (No. 3 and 49) by Awareness Avenue Jewelry LLC (Hurckes, Michael) |
| Filing 91 NOTICE of voluntary dismissal by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen (Hurckes, Michael) |
| Filing 90 NOTICE of settlement with the defendants (No. 2, 12, 14, 19, 23, 25, 27, 35, 40, 42, 45, 46, 53, 54, and 68) by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen (Hurckes, Michael) |
| Filing 89 Joint STATUS report by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Hurckes, Michael) Modified on 9/18/2023 (SPM). |
| Filing 88 STATUS report to the Honorable Justice Thomas P Barber by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Hurckes, Michael) |
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Filing 87
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 8/30/2023; Discovery due by 2/15/2024; Dispositive motions due by 3/15/2024; Plaintiff disclosure of expert report due by 10/30/2023; Defendant disclosure of expert report due by 11/30/2023; Rebuttal disclosure of expert report due by 12/30/2023; Pretrial Conference set for SEPTEMBER 16, 2024, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Trial set for October 2024 term (commencing 9/30/2024) before Judge Thomas P. Barber. The parties anticipate a JURY TRIAL will take 10 days to complete. Conduct mediation hearing by 4/30/2024. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 8/25/2023. (SRC)
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| Filing 86 NOTICE of hearing: Case Management Conference set for NOVEMBER 15, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 85 Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: MOTION HEARING held on 8/24/2023 re #43 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction filed by Buulgo, #40 MOTION to Dismiss Complaint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by ondutyearth.com, summer-bud.com, resemblek.com, admiratione, duratione.com, aerthuake.com, fastenery.com, expectationd.com, termuecular.com, confrontn.com, clusterw.com, seebraw.com, fractionk.net, neverpaints.com, preferlikely.com. Court Reporter: Rebekah Lockwood (SRC) |
| Filing 84 NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM ONLY): The Case Management Conference/Motion Hearing re: Docs. #40 and #43 is scheduled for AUGUST 24, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 83 NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM ONLY): The Case Management Conference/Motion Hearing re: Docs. #40 and #43 is scheduled for AUGUST 24, 2023, at 01:30 PM in Tampa Courtroom 13 B before Judge Thomas P. Barber. (SRC) |
| Filing 82 NOTICE OF RESCHEDULING HEARING: The Case Management Conference/Motion Hearing re: Docs. #40 and #43 previously scheduled for 8/22/2023 is rescheduled. New scheduling date and time: AUGUST 24, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 81 NOTICE of hearing on #40 MOTION to Dismiss Complaint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim and #43 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction. A Case Management Conference and Motion Hearing are set for AUGUST 22, 2023, at 02:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) Modified on 7/20/2023 (SRC) |
| Filing 80 CASE MANAGEMENT REPORT. (Attachments: #1 Main Document 26(f) report)(Hurckes, Michael) Modified on 7/11/2023 (SRC). Modified on 7/11/2023 (SRC). |
| Filing 79 RETURN of service executed on 5.26.23 and 5.30.23 by Mikkel Guldberg Hansen, Awareness Avenue Jewelry LLC as to All Defendants. (Hurckes, Michael) |
| Filing 78 ***INCORRECT EVENT; CORRECT EVENT IS "SUMMONS RETURNED EXECUTED", PER EACH DEFENDANT SEPARATELY*** PROOF of service by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen (Hurckes, Michael) Modified on 6/2/2023 (LD). |
| Filing 77 ***INCORRECT EVENT; COUNSEL NOTIFIED***PROOF of service by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen (Hurckes, Michael) Modified on 5/30/2023 (LD). |
| Filing 76 PROOF of service by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen (Hurckes, Michael) |
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Filing 75
ORDER. Defendant Buulgo's "Emergency Motion to Modify Asset Restraint" (Doc. #48) is granted. "Defendants' Emergency, Time-Sensitive Motion to Dissolve or Modify Preliminary Injunction" (Doc. #52) is granted in part and deferred in part. Defendant ZIAVIA's "Motion to Modify Asset Restraint" (Doc. #54) is granted. The Court's Preliminary Injunction Order (Doc. #20) is modified to eliminate the freezing of Defendants' assets and accounts. Plaintiffs are directed to provide a copy of this Order to all Defendants and third party providers. See Order for details. Signed by Judge Thomas P. Barber on 5/19/2023. (EKB)
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Filing 74
ENDORSED ORDER: "Defendants' Motion to Strike Late-Filed Opposition to Emergency Motion for Miscellaneous Relief" (Doc. #72) is denied. Signed by Judge Thomas P. Barber on 5/19/2023. (EKB)
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| Filing 73 Minute Entry. Virtual Proceedings held before Judge Thomas P. Barber: MOTION HEARING held on 5/15/2023 re #54 MOTION for Miscellaneous Relief, specifically Modify Asset Restraint filed by ZIAVIA, #48 Emergency MOTION for Miscellaneous Relief, specifically Modify Asset Restraint Emergency / Time-Sensitive Motion with Ruling Requested by April 21, 2023 filed by Buulgo, #52 Emergency MOTION for Miscellaneous Relief, specifically to dissolve or modify preliminary injunction filed by ondutyearth.com, summer-bud.com, resemblek.com, admiratione, duratione.com, aerthuake.com, fastenery.com, expectationd.com, termuecular.com, confrontn.com, clusterw.com, seebraw.com, fractionk.net, neverpaints.com, preferlikely.com, #43 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction filed by Buulgo, #40 MOTION to Dismiss Complaint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by ondutyearth.com, summer-bud.com, resemblek.com, admiratione, duratione.com, aerthuake.com, fastenery.com, expectationd.com, termuecular.com, confrontn.com, clusterw.com, seebraw.com, fractionk.net, neverpaints.com, preferlikely.com. Court Reporter: Rebekah Lockwood (SRC) Modified on 5/16/2023 to reflect correct hearing date. (SRC) |
| Filing 72 MOTION to Strike #70 Memorandum in opposition by admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Giuliano, Douglas) |
| Filing 71 MEMORANDUM in opposition re #54 Motion for Miscellaneous Relief filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Affidavit Mikkel Guldberg Hansen Affidavit)(Hurckes, Michael) |
| Filing 70 MEMORANDUM in opposition re #52 Motion for Miscellaneous Relief, filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Affidavit )(Hurckes, Michael) Modified on 5/11/2023 (LD). |
| Filing 69 MEMORANDUM in opposition re #56 Objection, filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Hurckes, Michael) |
| Filing 68 NOTICE OF RESCHEDULING HEARING: Due to a conflict in the Court's schedule, the Motion hearing previously scheduled for 5/11/2023 is rescheduled. New scheduling date and time: MAY 15, 2023, at 03:00 PM by Zoom Video Conference before Judge Thomas P. Barber. Participants will receive a Zoom invitation by separate email. (SRC) |
| Filing 67 NOTICE of Lead Counsel Designation by Douglas James Giuliano on behalf of admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. Lead Counsel: Katherine Burghardt Kramer. (Giuliano, Douglas) |
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Filing 66
ENDORSED ORDER: Because the Court has rescheduled the hearing, the "Joint Motion to Allow Remote Attendance at Hearing" (Doc. #62) is denied as moot. Signed by Judge Thomas P. Barber on 5/2/2023. (SRC)
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| Filing 65 NOTICE OF RESCHEDULING HEARING: Due to a conflict in the Court's schedule, the Motion hearing previously scheduled for 5/5/2023 is rescheduled. New scheduling date and time: MAY 11, 2023, at 10:00 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
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Filing 64
ENDORSED ORDER granting #61 Motion to Appear Pro Hac Vice. Attorney Katherine Burghardt Kramer may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Judge Thomas P. Barber on 5/1/2023. (SFC)
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Filing 63
ORDER granting #60 Motion for leave to file under seal. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 5/1/2023. (SFC)
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| Filing 62 Joint MOTION for Miscellaneous Relief, specifically for Remote Hearing Attendance by Buulgo, ZIAVIA, admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Giuliano, Douglas) |
| Filing 61 MOTION for Katherine Burghardt Kramer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20779374 for $150 by admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Attachments: #1 Exhibit)(Giuliano, Douglas) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 60 Unopposed MOTION for leave to file DOCUMENT under seal by admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com (Giuliano, Douglas). |
| Filing 59 NOTICE of Appearance by Alan Wilmot on behalf of Buulgo, ZIAVIA (Wilmot, Alan) |
| Filing 58 NOTICE of hearing re: #40 MOTION to Dismiss Complaint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim , #43 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction, #48 Emergency MOTION for Miscellaneous Relief, specifically Modify Asset Restraint Emergency / Time-Sensitive Motion with Ruling Requested by April 21, 2023, #54 MOTION for Miscellaneous Relief, specifically Modify Asset Restraint , #52 Emergency MOTION for Miscellaneous Relief, specifically to dissolve or modify preliminary injunction. Motion Hearing set for MAY 5, 2023, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 57 MEMORANDUM in opposition re #43 Motion to Dismiss / Lack of Jurisdiction filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Exhibit -1 Mikkel's Declaration)(Hurckes, Michael) Modified on 4/25/2023 (LD). |
| Filing 56 OBJECTION re #55 Memorandum in opposition, filed by Defendants Nos. 2, 12, 14, 19, 23, 25, 27, 35, 40, 42, 45, 46, 53, 54, and 68 (duratione.com, clusterw.com, resemblek.com, neverpaints.com, termuecular.com, fractionk.net, fastenery.com, summer-bud.com, admiratione.com, expectationd.com, aerthuake.com, confrontn.com, preferlikely.com, ondutyearth.com, and seebraw.com, respectively). (Wilbert, Joseph) |
| Filing 55 MEMORANDUM in opposition re #40 Motion to Dismiss Motion to Dismiss / Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim, filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Exhibit Declaration of Mikkel Guldberg Hansen, #2 Exhibit Defendants' unreliable addresses, #3 Exhibit Defendants' offering shipping to FL, #4 Exhibit Defendants' advertisement)(Hurckes, Michael) |
| Filing 54 MOTION for Miscellaneous Relief, specifically Modify Asset Restraint by ZIAVIA. (Attachments: #1 Affidavit Declaration)(Heitner, Darren) |
| Filing 53 NOTICE by admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com re #40 MOTION to Dismiss Complaint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim --NOTICE OF ERRATA (Wilbert, Joseph) |
| Filing 52 Emergency MOTION for Miscellaneous Relief, specifically to dissolve or modify preliminary injunction by admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Attachments: #1 Affidavit of Baoyuan Lin, #2 Exhibit 1 to Lin Affidavit, #3 Affidavit of Joseph Wilbert, #4 Exhibit 1 to Wilbert Affidavit, #5 Exhibit 2 to Wilbert Affidavit, #6 Exhibit 3 to Wilbert Affidavit, #7 Exhibit 4 to Wilbert Affidavit, #8 Exhibit 5 to Wilbert Affidavit, #9 Exhibit 6 to Wilbert Affidavit, #10 Exhibit 7 to Wilbert Affidavit, #11 Exhibit 8 to Wilbert Affidavit, #12 Exhibit 9 to Wilbert Affidavit, #13 Exhibit 10 to Wilbert Affidavit, #14 Exhibit 11 to Wilbert Affidavit, #15 Exhibit 12 to Wilbert Affidavit, #16 Exhibit 13 to Wilbert Affidavit, #17 Exhibit 14 to Wilbert Affidavit, #18 Exhibit 15 to Wilbert Affidavit, #19 Exhibit 16 to Wilbert Affidavit, #20 Exhibit 17 to Wilbert Affidavit, #21 Exhibit 18 to Wilbert Affidavit, #22 Exhibit 19 to Wilbert Affidavit)(Wilbert, Joseph) Modified on 5/2/2023 to Seal Exh. 1 & 2 pursuant to Dkt. 63 order. (LD). |
| Filing 51 MEMORANDUM in opposition re #48 Motion for Miscellaneous Relief filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Exhibit Declaration)(Hurckes, Michael) |
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Filing 50
ENDORSED ORDER: Plaintiffs are directed to file a response to Defendant Buulgo's "Emergency Motion to Modify Asset Restraint" (Doc. #48) on or before April 17, 2023. Signed by Judge Thomas P. Barber on 4/14/2023. (EKB)
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Filing 49
ENDORSED ORDER: Plaintiffs' "Motion for Extension of Time Pursuant to Local Rule 3.01(C)" (Doc. #45) is granted. Plaintiffs may file their response to Buulgo's motion to dismiss on or before April 27, 2023. Signed by Judge Thomas P. Barber on 4/11/2023. (EKB)
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| Filing 48 Emergency MOTION for Miscellaneous Relief, specifically Modify Asset Restraint Emergency / Time-Sensitive Motion with Ruling Requested by April 21, 2023 by Buulgo. (Attachments: #1 Affidavit Declaration)(Heitner, Darren) |
| Filing 47 NOTICE of WITHDRAWAL of motion re #46 Motion for Miscellaneous Relief filed by Buulgo by Buulgo (Heitner, Darren) |
| Filing 46 MOTION for Miscellaneous Relief, specifically Modify Asset Restraint by Buulgo. (Attachments: #1 Affidavit Declaration)(Heitner, Darren) |
| Filing 45 MOTION for Extension of Time to File Response to Motion to Dismiss for Lack of Jurisdiction [ECF 43] filed by Buulgo by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Hurckes, Michael) |
| Filing 44 NOTICE of Appearance by Darren Adam Heitner on behalf of ZIAVIA (Heitner, Darren) |
| Filing 43 MOTION to Dismiss for Lack of Jurisdiction Lack of Personal Jurisdiction by Buulgo. (Attachments: #1 Affidavit Declaration)(Heitner, Darren) |
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Filing 42
ENDORSED ORDER: Plaintiffs' "Unopposed Motion for Extension of Time Pursuant to Local Rule 3.01(c)" (Doc. #41) is granted. Plaintiffs may file their response to the motion to dismiss (Doc. #40) on or before April 21, 2023. Signed by Judge Thomas P. Barber on 3/30/2023. (ANL)
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| Filing 41 First MOTION for Extension of Time to File Response(s) to Defendants' Motion to Dismiss Complaint, Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim [ECF 40] on April 21, 2023 by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Hurckes, Michael) |
| Filing 40 MOTION to Dismiss Complaint , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Attachments: #1 Affidavit of Baoyuan Lin, #2 Request for Judicial Notice, #3 Exhibit 1 to RJN, #4 Exhibit 2 to RJN, #5 Exhibit 3 to RJN, #6 Exhibit 4 to RJN, #7 Exhibit 5 to RJN, #8 Exhibit 6 to RJN, #9 Exhibit 7 to RJN, #10 Exhibit 8 to RJN, #11 Exhibit 9 to RJN, #12 Exhibit 10 to RJN, #13 Exhibit 11 to RJN, #14 Exhibit 12 to RJN, #15 Exhibit 13 to RJN, #16 Exhibit 14 to RJN, #17 Exhibit 15 to RJN, #18 Exhibit 16 to RJN, #19 Exhibit 17 to RJN)(Wilbert, Joseph) |
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Filing 39
ENDORSED ORDER: "Certain Defendants' Unopposed Motion for Extension of Time to Respond to Complaint" (Doc. #37) is granted. Defendants Nos. 40, 45, and 46 as identified in Schedule A to the complaint may file their response(s) to the complaint on or before March 24, 2023. Signed by Judge Thomas P. Barber on 3/17/2023. (EKB)
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Filing 38
ENDORSED ORDER: Defendant Buulgo's "Motion for Extension of Time" (Doc. #34) is granted. Defendant may file its response to the complaint on or before April 3, 2023. Signed by Judge Thomas P. Barber on 3/17/2023. (EKB)
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by admiratione, aerthuake.com, confrontn.com. (Wilbert, Joseph) |
| Filing 36 RESPONSE to Motion re #34 MOTION for Extension of Time to File Response/Reply as to #1 Complaint Consent on Defendant's Motion for Extension of Time filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Hurckes, Michael) |
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Filing 35
ENDORSED ORDER: Plaintiff is directed to file a response to Defendant Buulgo's motion for extension of time (Doc. #34) by 5 p.m. on March 16, 2023. Signed by Judge Thomas P. Barber on 3/15/2023. (EKB)
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| Filing 34 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Buulgo. (Heitner, Darren) |
| Filing 33 NOTICE to counsel of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LD) |
| Filing 32 NOTICE of Lead Counsel Designation by Douglas James Giuliano on behalf of admiratione, aerthuake.com, clusterw.com, confrontn.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. Lead Counsel: Joseph Wilbert. (Giuliano, Douglas) |
| Filing 31 NOTICE of Joseph Wilbert Appearance by Douglas James Giuliano on behalf of admiratione, aerthuake.com, confrontn.com (Giuliano, Douglas) |
| Filing 30 NOTICE of Appearance by Douglas James Giuliano on behalf of admiratione, aerthuake.com, confrontn.com (Giuliano, Douglas) |
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Filing 29
ENDORSED ORDER: "Defendants' Corrected Unopposed Motion for Extension of Time to Respond to Complaint" (Doc. #26) is granted. Defendants listed as Nos. 2, 12, 14, 19, 23, 25, 27, 35, 42, 53, 54, and 68 in Schedule A to the complaint may file their responses to the complaint on or before March 24, 2023. "Defendants' Unopposed Motion for Extension of Time to Respond to Complaint" (Doc. #25) is denied as moot. Signed by Judge Thomas P. Barber on 2/22/2023. (EKB)
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Filing 28
ENDORSED ORDER granting #27 Motion to Appear Pro Hac Vice. Attorney Joseph Wilbert may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 2/22/2023. (SFC)
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| Filing 27 Amended MOTION for Joseph Wilbert to appear pro hac vice by clusterw.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Attachments: #1 Exhibit)(Giuliano, Douglas) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 26 Amended MOTION for Extension of Time to File Response to Complaint by clusterw.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Giuliano, Douglas) |
| Filing 25 Unopposed MOTION for Extension of Time to File Response to Complaint by clusterw.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Giuliano, Douglas) |
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Filing 24
ORDER denying without prejudice #23 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Amanda Arnold Sansone on 2/21/2023. (SFC)
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| Filing 23 MOTION for Joseph Wilbert to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20527579 for $150 by clusterw.com, duratione.com, expectationd.com, fastenery.com, fractionk.net, neverpaints.com, ondutyearth.com, preferlikely.com, resemblek.com, seebraw.com, summer-bud.com, termuecular.com. (Attachments: #1 Exhibit)(Giuliano, Douglas) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 22 NOTICE of Appearance by Douglas James Giuliano on behalf of duratione.com, clusterw.com, resemblek.com, neverpaints.com, termuecular.com, fractionk.net, fastenery.com, summer-bud.com, expectationd.com, preferlikely.com, ondutyearth.com, seebraw.com (Giuliano, Douglas) |
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Filing 21
ENDORSED ORDER: The Clerk of Court is directed to deposit the funds received pursuant to the Court's January 18, 2023 Order (Doc. #9) into the Court Registry in an interest-bearing account. Signed by Judge Thomas P. Barber on 2/17/2023. (EKB)
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Filing 20
ORDER. "Plaintiff's Motion for Entry of a Preliminary Injunction" (Doc. #17) is granted. See Order for details. Signed by Judge Thomas P. Barber on 2/16/2023. (Attachments: #1 Exhibit) (EKB)
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| Filing 19 Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: MOTION HEARING held on 2/9/2023 re #2 MOTION for Temporary Restraining Order filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. Court Reporter: Rebekah Lockwood (SRC) |
| Filing 18 PROOF of service by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen (Hurckes, Michael) |
| Filing 17 MOTION for Preliminary Injunction by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Supplement Memorandum in Support, #2 Affidavit Declaration of Michael A. Hurckes, #3 Text of Proposed Order Proposed Order)(Hurckes, Michael) |
| Filing 16 NOTICE OF RESCHEDULING HEARING: The Motion Hearing re: Preliminary Injunction #2 previously scheduled for 2/1/2023 is rescheduled. New scheduling date and time: FEBRUARY 9, 2023, at 10:00 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
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Filing 15
ENDORSED ORDER: The "Motion to Extend Temporary Restraining Order for Good Cause or in the Alternative Change the Time [of] Hearing" (Doc. #13) is granted. The time-consuming process for effecting service as set forth in the motion constitutes good cause to extend the temporary restraining order. Accordingly, the expiration of the Court's Temporary Restraining Order (Doc. #9) is extended to February 15, 2023. The February 1, 2023, hearing on the motion for preliminary injunction is continued, and will be reset by separate notice. Plaintiffs are directed to effect service on Defendants on or before February 3, 2023. Signed by Judge Thomas P. Barber on 1/31/2023. (EKB)
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| Filing 14 REGISTRY MONIES received by Awareness Avenue Jewelry LLC in the amount of $10,000; Receipt #TPA 67980. (AM) |
| Filing 13 MOTION for Miscellaneous Relief, specifically extension of TRO by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Exhibit Shopify Guidelines, #2 Exhibit AWS Guidelines, #3 Exhibit Seller Collusion Forum Website Article)(Hurckes, Michael) |
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Filing 12
ENDORSED ORDER Setting Preliminary Injunction Hearing #2 for FEBRUARY 1, 2023, at 04:00 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Plaintiffs are directed to serve this Order on Defendants as provided in paragraph 10 of the Court's January 18, 2023, Order granting Plaintiffs' motion for a temporary restraining order (Doc. #9). Signed by Judge Thomas P. Barber on 1/25/2023. (SRC)
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| Filing 11 SUMMONS issued as to The Partnerships and Unincorporated Associations identified on Schedule "A". (LD) |
| Filing 10 PROPOSED summons to be issued by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Hurckes, Michael) |
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Filing 9
ORDER. "Plaintiff's Motion for Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, and Expedited Discovery" (Doc. #2) is granted. See Order for details. Signed by Judge Thomas P. Barber on 1/18/2023. (EKB)
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| Filing 8 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SRC) |
| Filing 7 NOTICE to Counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SRC) |
| Filing 4 Copyright Report sent to Washington. (KME) |
| Filing 3 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-0002-TPB-AAS. (SJB) |
| Filing 2 MOTION for Temporary Restraining Order by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Appendix Memorandum in Support, #2 Appendix Seller Aliases, #3 Exhibit Copyright Registration, #4 Exhibit Infringement Comparison, #5 Exhibit Alibaba, Amazon, and Counterfeiting in the Age of the Internet, #6 Exhibit Combating Trafficking in United States, #7 Text of Proposed Order)(Hurckes, Michael) Modified text on 1/4/2023 (KME). |
| Filing 1 COMPLAINT against The Partnerships and Unincorporated Associations identified on Schedule "A" with Jury Demand (Filing fee $402 receipt number AFLMDC-20358018) filed by Awareness Avenue Jewelry LLC, Mikkel Guldberg Hansen. (Attachments: #1 Civil Cover Sheet, #2 Appendix Seller Aliases, #3 Exhibit Copyright Registration, #4 Exhibit Infringement Comparison, #5 Exhibit Alibaba, Amazon, and Counterfeiting in the Age of the Internet, #6 Exhibit Combating Trafficking in United States)(Hurckes, Michael) Modified text on 1/4/2023 (KME). |
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