JTH Tax, Inc. et al v. Abikarram et al
Plaintiff: JTH Tax, Inc. d/b/a Liberty Tax Service, Siempretax, LLC and JTH Tax, Inc.
Defendant: Freedom Tax Services, LLC, d/b/a Freedom Tax Center, Jesus Abikarram, Lourdes Abikarram, Income Tax Prep Corp. and Freedom Tax Services, LLC
Case Number: 0:2019cv60328
Filed: February 6, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Patrick M Hunt
Referring Judge: Ursula Ungaro
Nature of Suit: Contract: Other
Cause of Action: 15 U.S.C. § 1114
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on April 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2019 Filing 54 OBJECTIONS to #47 Report and Recommendations and Request for Evidentiary Hearing by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. (Wasch, Adam)
April 5, 2019 Filing 53 RESPONSE to #47 REPORT AND RECOMMENDATIONS re #14 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof filed by JTH Tax, Inc., Siempretax, LLC Recommending grant. by JTH Tax, Inc., Siempretax, LLC. (Attachments: #1 Affidavit)(Trigo, Capri)
March 28, 2019 Filing 52 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against JTH Tax, Inc., Siempretax, LLC by Income Tax Prep Corp., Jesus Abikarram, Freedom Tax Services, LLC, Lourdes Abikarram. (Wasch, Adam)
March 27, 2019 Opinion or Order Filing 51 ORDER of Referral to Mediation ( Pretrial Conference set for 10/18/2019 11:30 AM in Miami Division before Judge Ursula Ungaro.). Signed by Judge Ursula Ungaro on 3/27/2019. See attached document for full details. (vmz)
March 27, 2019 Opinion or Order Filing 50 SCHEDULING ORDER for Pretrial Conference and Trial : Amended Pleadings due by 4/19/2019. Discovery due by 8/16/2019. Expert Discovery due by 8/16/2019. Joinder of Parties due by 4/19/2019. Dispositive Motions due by 9/6/2019. Motions due by 9/6/2019. Pretrial Stipulation due by 9/20/2019. Jury Trial set for 10/28/2019 09:00 AM before Judge Ursula Ungaro. Calendar Call set for 10/23/2019 01:00 PM before Judge Ursula Ungaro. Pretrial Conference set for 10/18/2019 11:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 3/27/2019. See attached document for full details. (vmz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
March 27, 2019 Opinion or Order Filing 49 PAPERLESS ORDER STRIKING #48 Order Referring Case to Mediation, Set/Reset Deadlines/Hearings Signed by Judge Ursula Ungaro on 3/27/2019. (gco)
March 27, 2019 Opinion or Order Filing 48 ORDER of Referral to Mediation., ( Pretrial Conference set for 10/25/2019 10:00 AM before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 3/27/2019. See attached document for full details. (vmz)
March 22, 2019 Opinion or Order Filing 47 REPORT AND RECOMMENDATIONS re #14 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction recommending the Motion be granted. Objections to R&R due by 4/5/2019. Signed by Magistrate Judge Alicia O. Valle on 3/22/2019. See attached document for full details. (hhr)
March 18, 2019 Opinion or Order Filing 46 ORDER denying #44 Plaintiffs Motion to Extend Temporary Restraining Order ; denying as moot #26 Motion to Vacate. Signed by Judge Ursula Ungaro on 3/18/2019. See attached document for full details. (vmz)
March 15, 2019 Filing 45 Joint SCHEDULING REPORT - Rule 26(f) by JTH Tax, Inc., Siempretax, LLC (Attachments: #1 Text of Proposed Order)(Trigo, Capri)
March 13, 2019 Filing 44 MOTION for Extension of Time to Extend Temporary Restraining Order re #22 Order on Motion for Temporary Restraining Order, by JTH Tax, Inc., Siempretax, LLC. Responses due by 3/27/2019 (Attachments: #1 Text of Proposed Order)(Trigo, Capri)
March 8, 2019 Filing 43 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia O. Valle: Motion Hearing held on 3/8/2019 re #14 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof filed by JTH Tax, Inc., Siempretax, LLC. Oral argument heard from both sides. Report and Recommendations to follow. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Evan M. Goldman, Patrick K. Burns, Capri Trigo, Peter George Siachos, (Digital 10:03:10) (tpl)
March 7, 2019 Opinion or Order Filing 42 ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for motions #36 and #37 . Signed by Judge Ursula Ungaro on 3/7/2019. See attached document for full details. (vmz)
March 7, 2019 Filing 41 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. (Wasch, Adam)
March 7, 2019 Filing 40 NOTICE of Courtroom Assignment. The Preliminary Injunction Hearing scheduled on 3/8/2019 at 10:00am before Magistrate Judge Alicia Valle will be held in Courtroom 207 at the Federal Courthouse in Fort Lauderdale FL. (tpl)
March 7, 2019 Opinion or Order Filing 39 PAPERLESS ORDER granting #36 Plaintiffs' Motion to Allow Electronic Equipment Into the Courtroom, and #37 Defendants' Motion to Allow Electronic Equipment Into the Courtroom. Parties may bring in the equipment listed in the motions for use at the Preliminary Injunction Hearing set for March 8, 2019, before Magistrate Judge Alicia O. Valle. Signed by Magistrate Judge Alicia O. Valle on 3/7/2019. (hhr)
March 7, 2019 Opinion or Order Filing 38 ORDER denying #34 Motion for Extension of Time to File Response/Reply/Answer. Responses due by 3/7/2019. Failure to comply will result in the entry of default. Signed by Judge Ursula Ungaro on 3/7/2019. See attached document for full details. (amb)
March 7, 2019 Filing 37 MOTION to Allow Electronic Equipment in Courtroom for use at Preliminary Hearing by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. (Attachments: #1 Text of Proposed Order)(Wasch, Adam)
March 6, 2019 Filing 36 MOTION to Bring Electronic Equipment into the courtroom by JTH Tax, Inc., Siempretax, LLC. Responses due by 3/20/2019 (Attachments: #1 Text of Proposed Order)(Trigo, Capri)
March 5, 2019 Filing 35 REPLY to Response to Motion re #26 MOTION to Vacate #22 Order on Motion for Temporary Restraining Order, filed by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. (Wasch, Adam)
March 5, 2019 Filing 34 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. (Attachments: #1 Text of Proposed Order)(Wasch, Adam)
March 5, 2019 Filing 33 REPLY to Response to Motion re #14 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof filed by JTH Tax, Inc., Siempretax, LLC. (Attachments: #1 Affidavit of Jay Canaday, #2 Exhibit CC - Termination Letter)(Trigo, Capri)
March 5, 2019 Opinion or Order Filing 32 PAPERLESS ORDER granting #29 Motion to Appear Pro Hac Vice. Patrick K. Burns, may appear and participate in this action on behalf of JTH Tax, Inc. d/b/a Liberty Tax Service, and Siempretax, LLC. The Clerk shall provide electronic notification of all electronic filings to Patrick K. Burns, at pburns@grsm.com Signed by Judge Ursula Ungaro on 3/5/2019. (gco)
March 4, 2019 Filing 31 RESPONSE in Opposition re #26 MOTION to Vacate #22 Order on Motion for Temporary Restraining Order, filed by JTH Tax, Inc., Siempretax, LLC. Replies due by 3/11/2019. (Attachments: #1 Text of Proposed Order)(Trigo, Capri)
March 4, 2019 Filing 30 NOTICE of Compliance by JTH Tax, Inc., Siempretax, LLC re #19 Order, Set/Reset Deadlines (Trigo, Capri)
March 4, 2019 Filing 29 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick K. Burns. Filing Fee $ 75.00 Receipt # 113C-11442851 by JTH Tax, Inc., Siempretax, LLC. Responses due by 3/18/2019 (Attachments: #1 Certification, #2 Text of Proposed Order)(Trigo, Capri)
March 1, 2019 Filing 28 RESPONSE in Opposition re #14 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof filed by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. Replies due by 3/8/2019. (Attachments: #1 Exhibit Declaration of Evan M. Goldman, #2 Exhibit Declaration of Jesus Abikarram, #3 Exhibit Declaration of Lourdes Abikarram)(Wasch, Adam)
February 28, 2019 Opinion or Order Filing 27 ORDER as to #26 MOTION to Vacate #22 Order on Motion for Temporary Restraining Order, .( Responses due by 3/4/2019 Replies due by 3/6/2019 ) Signed by Judge Ursula Ungaro on 2/28/2019. See attached document for full details. (vmz) Modified text on 3/1/2019 (vmz).
February 27, 2019 Filing 26 MOTION to Vacate #22 Order on Motion for Temporary Restraining Order, by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. Responses due by 3/13/2019 (Attachments: #1 Affidavit Declaration of Evan M. Goldman, #2 Exhibit Exhibits to Declaration, #3 Text of Proposed Order)(Wasch, Adam)
February 27, 2019 Opinion or Order Filing 25 PAPERLESS ORDER setting preliminary injunction hearing and expedited briefing schedule on #14 Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. The hearing is set for March 8, 2019, at 10 a.m. in the Fort Lauderdale Division before Magistrate Judge Alicia O. Valle. The Court has allotted one hour for the hearing. Defendants' extended response brief is due Friday, March 1, 2019. Any reply shall be filed on or before noon on Tuesday, March 5, 2019. Signed by Magistrate Judge Patrick M. Hunt on February 27, 2019. (hhr)
February 27, 2019 Opinion or Order Filing 24 ORDER granting #23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Peter G. Siachos. Signed by Judge Ursula Ungaro on 2/26/2019. See attached document for full details. (vmz)
February 26, 2019 Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Peter G. Siachos. Filing Fee $ 75.00 Receipt # 113C-11426221 by JTH Tax, Inc., Siempretax, LLC. Responses due by 3/12/2019 (Attachments: #1 Certification of Good Standing, #2 Text of Proposed Order)(Trigo, Capri)
February 26, 2019 Filing 21 REPLY to Response to Motion re #14 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof filed by JTH Tax, Inc., Siempretax, LLC. (Attachments: #1 Affidavit of Peter Siachos, #2 Exhibit AA, #3 Exhibit BB)(Trigo, Capri)
February 26, 2019 Opinion or Order Filing 20 PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice for Attorney Evan M. Goldman. Evan M. Goldman may appear and participate in this action on behalf of Defendants, Jesus Abikarram, Lourdes Abikarram, Income Tax Prep Corp., and Freedom Tax Service, LLC d/b/a Freedom Tax Service. The Clerk shall provide electronic notification of all electronic filings to Evan M. Goldman at egoldman@aystrauss.com. Signed by Magistrate Judge Patrick M. Hunt on 2/26/2019. (hhr)
February 25, 2019 Opinion or Order Filing 22 ORDER GRANTING EX PARTE MOTION FORTEMPORARY RESTRAINING ORDER #14 Motion for Temporary Restraining Order. Preliminary Injunction Hearing set for 3/11/2019 09:00 AM in Fort Lauderdale Division before Magistrate Judge Patrick M. Hunt. Signed by Judge Ursula Ungaro on 2/25/2019. See attached document for full details. (mno)
February 25, 2019 Opinion or Order Filing 19 CORRECTED ORDER, ( Parties SHALL contact Magistrate Judge PATRICK M. HUNTs chambers no later than Thursday,2/28/2019 to schedule a hearing). Signed by Judge Ursula Ungaro on 2/25/2019. See attached document for full details. (mno)
February 25, 2019 Filing 18 NOTICE by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp. re #16 Response in Opposition to Motion,, of Filing Exhibit "A" (Attachments: #1 Exhibit A) (Wasch, Adam)
February 25, 2019 Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Evan M. Goldman. Filing Fee $ 75.00 Receipt # 113C-11423521 by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. Responses due by 3/11/2019 (Wasch, Adam)
February 25, 2019 Filing 16 RESPONSE in Opposition re #14 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof and Request for Hearing filed by Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. Attorney Adam Gruder Wasch added to party Jesus Abikarram(pty:dft), Attorney Adam Gruder Wasch added to party Lourdes Abikarram(pty:dft), Attorney Adam Gruder Wasch added to party Freedom Tax Services, LLC(pty:dft), Attorney Adam Gruder Wasch added to party Income Tax Prep Corp.(pty:dft). Replies due by 3/4/2019. (Wasch, Adam)
February 25, 2019 Opinion or Order Filing 15 ORDER REFERRING #14 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof filed by JTH Tax, Inc., Siempretax, LLC. Motions referred to Judge Patrick M. Hunt. Signed by Judge Ursula Ungaro on 2/25/2019. See attached document for full details. (vmz)
February 25, 2019 Filing 14 MOTION for Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof by JTH Tax, Inc., Siempretax, LLC. Responses due by 3/11/2019 (Attachments: #1 Affidavit of Adam Berger, #2 Affidavit of Jay Canaday, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T, #23 Exhibit U, #24 Exhibit V, #25 Exhibit W, #26 Exhibit X, #27 Exhibit Y, #28 Exhibit Z, #29 Text of Proposed Order)(Trigo, Capri)
February 13, 2019 Filing 13 NOTICE of Compliance of Order Setting Initial Planning and Scheduling Conference (D.E. 8) by JTH Tax, Inc., Siempretax, LLC re #8 Order Requiring Joint Scheduling Report,, Set/Reset Deadlines/Hearings, (Trigo, Capri)
February 13, 2019 Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JTH Tax, Inc., Siempretax, LLC. Freedom Tax Services, LLC served on 2/12/2019, answer due 3/5/2019. (Trigo, Capri)
February 13, 2019 Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JTH Tax, Inc., Siempretax, LLC. Lourdes Abikarram served on 2/12/2019, answer due 3/5/2019. (Trigo, Capri)
February 13, 2019 Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JTH Tax, Inc., Siempretax, LLC. Income Tax Prep Corp. served on 2/12/2019, answer due 3/5/2019. (Trigo, Capri)
February 13, 2019 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JTH Tax, Inc., Siempretax, LLC. Jesus Abikarram served on 2/12/2019, answer due 3/5/2019. (Trigo, Capri)
February 12, 2019 Opinion or Order Filing 8 Order Setting Initial Planning And Scheduling Conference, ( Scheduling Conference set for 3/29/2019 10:30 AM in Miami Division before Judge Ursula Ungaro.) Joint Scheduling Report due by 3/15/2019 Signed by Judge Ursula Ungaro on 2/11/2019. See attached document for full details. (vmz)
February 7, 2019 Filing 7 Summons Issued as to Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, Income Tax Prep Corp.. (vmz)
February 7, 2019 Filing 6 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (vmz) Modified file date on 2/7/2019 (vmz).
February 7, 2019 Filing 5 Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (vmz)
February 7, 2019 Filing 4 Clerks Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (vmz)
February 6, 2019 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (vmz)
February 6, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (vmz)
February 6, 2019 Filing 1 COMPLAINT against Jesus Abikarram, Lourdes Abikarram, Freedom Tax Services, LLC, d/b/a Freedom Tax Center, Income Tax Prep Corp.. Filing fees $ 400.00 receipt number 113C-11374617, filed by JTH Tax, Inc. d/b/a Liberty Tax Service, Siempretax, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet, #12 Summon(s) Jesus Abikarram, #13 Summon(s) Income Tax Prep Corp., #14 Summon(s) Lourdes Abikarram, #15 Summon(s) Freedom Tax Service, LLC)(Trigo, Capri)

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Plaintiff: JTH Tax, Inc. d/b/a Liberty Tax Service
Represented By: Capri Trigo
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Plaintiff: Siempretax, LLC
Represented By: Capri Trigo
Represented By: Patrick K. Burns
Represented By: Peter George Siachos
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Plaintiff: JTH Tax, Inc.
Represented By: Capri Trigo
Represented By: Patrick K. Burns
Represented By: Peter George Siachos
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Defendant: Freedom Tax Services, LLC, d/b/a Freedom Tax Center
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Defendant: Jesus Abikarram
Represented By: Adam Gruder Wasch
Represented By: Evan M. Goldman
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Defendant: Lourdes Abikarram
Represented By: Adam Gruder Wasch
Represented By: Evan M. Goldman
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Defendant: Income Tax Prep Corp.
Represented By: Adam Gruder Wasch
Represented By: Evan M. Goldman
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Defendant: Freedom Tax Services, LLC
Represented By: Adam Gruder Wasch
Represented By: Evan M. Goldman
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