Certified Collectibles Group, LLC et al v. Terrazas et al
| Certified Collectibles Group, LLC and Certified Guaranty Company, LLC |
| Brandon Terrazas and Ayana Terrazas |
| 8:2024cv00301 |
| January 31, 2024 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 31 CERTIFICATE of interested persons and corporate disclosure statement re 30 Order by Ayana Terrazas, Brandon Terrazas. (Stanton, Thomas) |
Filing 30
ENDORSED ORDER: As required by Local Rule 3.03, Defendants must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Defendants must file the foregoing by using the template on the undersigned's website under the "forms" tab. (Doc. #19.) Defendants must file the Disclosure Statement and Certification no later than March 15, 2024. Signed by Judge Kathryn Kimball Mizelle on 3/11/2024. (ALE)
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Filing 29
ORDER. Defendants' #28 Motion for Second Continuance of Preliminary Injunction Hearing is GRANTED. A preliminary injunction hearing is set for April 11, 2024, at 1:00 P.M. in Tampa Courtroom 13B. Signed by Judge Kathryn Kimball Mizelle on 3/11/2024. (ALE)
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| Filing 28 Second MOTION to Continue preliminary injunction hearing by Ayana Terrazas, Brandon Terrazas. (Stanton, Thomas) Modified on 3/11/2024 to edit docket text (EAM). |
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Filing 27
ENDORSED ORDER: Under Local Rule 6.02(c), "[a] party opposing [a motion for a preliminary injunction] must respond to the motion within seven days after notice of the motion or seven days before the hearing, whichever is later. The response must include a legal memorandum and each paper on which the party relies." Here, Defendants fail to respond to the motion or submit any papers within seven days before the hearing on March 12, 2024. Further, Defendants had notice of the motion at least by February 19, 2024. In the light of this failure to (timely or otherwise) respond to the motion for preliminary injunction, Defendants are each directed to show cause, no later than March 11, 2024, at 9:00AM, as to why the preliminary injunction hearing should not be cancelled and the #24 temporary restraining order be converted into a preliminary injunction in accordance with the Plaintiffs' #11 motion. Signed by Judge Kathryn Kimball Mizelle on 3/8/2024. (ALE)
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| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC identifying Other Affiliate n/a for Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (George, Chloe) |
| Filing 25 NOTICE of Appearance by Thomas Herbert Stanton on behalf of Ayana Terrazas, Brandon Terrazas (Stanton, Thomas) |
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Filing 24
ORDER. Plaintiffs' #23 Unopposed Motion for Continuance of Preliminary Injunction Hearing is GRANTED. A preliminary injunction hearing is set for March 12, 2024, at 1:00 P.M. in Tampa Courtroom 13B. Signed by Judge Kathryn Kimball Mizelle on 2/19/2024. (ALE)
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| Filing 23 MOTION to Continue Preliminary Injunction Hearing scheduled for February 20, 2024 by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (Humphrey, Mark) |
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Filing 22
ENDORSED ORDER. Defense counsel emailed chambers this morning seeking to postpone the preliminary injunction hearing scheduled for tomorrow. Counsel should file any request to reschedule that hearing or seek any relief on the public docket. Signed by Judge Kathryn Kimball Mizelle on 2/19/2024. (Mizelle, Kathryn)
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| Filing 21 RETURN of service executed on 02/07/24 by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC as to Brandon Terrazas. (George, Chloe) Modified on 2/12/2024 to edit docket text (AJS). |
| Filing 20 RETURN of service executed on 02/07/24 by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC as to Ayana Terrazas. (George, Chloe) Modified on 2/12/2024 to edit docket text (AJS). |
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Filing 19
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 2/8/2024. (ALE)
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Filing 18
ORDER. Plaintiffs' #11 Motion for Temporary Restraining Order is GRANTED. A preliminary injunction hearing is set for February 20, 2024, at 9:00 A.M. in Tampa Courtroom 13B. Signed by Judge Kathryn Kimball Mizelle on 2/7/2024. (ALE)
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| Filing 17 SUMMONS issued as to Ayana Terrazas, Brandon Terrazas. (LNR) |
| Filing 16 Trademark Report electronically sent to the U.S. Patent and Trademark Office. (Attachments: #1 Copy of Amended Complaint) (LNR) |
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Filing 15
ENDORSED ORDER granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice. Attorneys Eleanor M. Lackman, Lindsay R. Edelstein, and Chloe N. George 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 2/5/2024. (BEE)
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| Filing 14 MOTION for Chloe N. George to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21731000 for $150 by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (Humphrey, Mark) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 13 MOTION for Lindsay R. Edelstein to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21730999 for $150 by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (Humphrey, Mark) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 12 MOTION for Eleanor M. Lackman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21730992 for $150 by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (Humphrey, Mark) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 11 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (Attachments: #1 Declaration of Chloe Goerge, #2 Declaration of Harshen Patel, #3 Text of Proposed Order)(Humphrey, Mark) |
| Filing 10 AMENDED COMPLAINT against Ayana Terrazas, Brandon Terrazas with Jury Demand. Filed by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. Related document: #1 Complaint filed by Certified Guaranty Company, LLC, Certified Collectibles Group, LLC. (Attachments: #1 Proposed Summons, #2 Proposed Summons)(Humphrey, Mark) |
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Filing 9
ENDORSED ORDER: Upon review, this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count "incorporates and adopts by reference the allegations in" the prior counts leading to a situation where counts II through VIII contain all factual allegations and legal conclusions of the previous counts. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). This kind of shotgun pleading is readily remedied upon repleading. Accordingly, the Plaintiff's #1 complaint is DISMISSED without prejudice, and the Plaintiff is granted leave to amend its complaint no later than February 15, 2024. In the light of this Order, Plaintiff's #4 Motion for Temporary Restraining Order and Preliminary Injunction is DENIED WITHOUT PREJUDICE. Signed by Judge Kathryn Kimball Mizelle on 2/1/2024. (ALE)
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| Filing 8 SUMMONS issued as to Ayana Terrazas, Brandon Terrazas. (KME) |
| Filing 7 Trademark Report electronically sent to the U.S. Patent and Trademark Office. (KME) |
| Filing 6 NOTICE TO COUNSEL Eleanor M. Lackman, Lindsay R. Edelstein, Chloe N. George Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (JOS) |
| Filing 5 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:24-cv-301-KKM-AAS. (ARC) |
| Filing 4 MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (Attachments: #1 Declaration of Chloe George, #2 Declaration of Harshen Patel, #3 Proposed Order)(Humphrey, Mark) |
| Filing 3 NOTICE by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC re #1 Complaint Report On The Filing Of An Action Regarding A Trademark (Humphrey, Mark) Modified on 2/2/2024 (Trademark report doc 7) (ABM). |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC identifying Corporate Parent Blackstone for Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (Humphrey, Mark) |
| Filing 1 COMPLAINT against Ayana Terrazas, Brandon Terrazas with Jury Demand (Filing fee $405 receipt number AFLMDC-21718873) filed by Certified Collectibles Group, LLC, Certified Guaranty Company, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Humphrey, Mark) |
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