ADJ 26, LLC et al v. Gigi et al
| ADJ 26, LLC and FUME, LLC |
| Israel Isaac Gigi, Yakov Zroya and Real Distribution, LLC |
| 0:2021cv62104 |
| October 8, 2021 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| William P Dimitrouleas |
| Lurana S Snow |
| Jared M Strauss |
| Contract: Other |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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| Filing 102 ACKNOWLEDGMENT OF RECEIPT as to #13 Order on Motion for Temporary Restraining Order, Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction, Order on Motion for Miscellaneous Relief, Order on Sealed Report and Recommendations. (jao) |
| Filing 101 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Motion Hearing held on 11/29/2021 re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order filed by FUME, LLC, ADJ 26, LLC. Parties requesting that the Court takes Judicial Notice of Affidavits of Direct testimony of witnesses that was taken during their hearing before Judge Dimitrouleas (Prelim Injunction Hearing) Plaintiff's Witness: Eric Berger testified. Plaintiff's Exhibits 16,17,18,23,24,25,25(b),27,28,30 Admitted. Cross-Examined by Defense Counsel. Plaintiff's Witness: Paul Ratzenberg testified. Plaintiff's Exhibits 14,14(b),15,15(b),19,19(b),20,20(b),31,31(b),45 were admitted. Cross-Examined by Defense Counsel. Plaintiff's Witness: Moshe Ohayon testified. Plaintiff's Exhibits 12,13 were admitted. Cross-examined by Defense Counsel. Plaintiff's Witness: Joseph Tempelberg testified. Plaintiff's Exhibits 1,3,4,5,6,7,8,10,11,34,35 were admitted. Defendant's Exhibit 16 was admitted during Plaintiff's Witness testimony. Cross-Examined by Defense Counsel. Plaintiff's Exhibit 21 was admitted during defendant's Cross-Examination of the Plaintiff's Witness Mr. Tempelberg. Plaintiff's Witness: Israel Gigi testified. Cross-examined and Direct Testimony by Defense Counsel of Israel Gigi. Defendant's Exhibits 20,21,22,24,26,28 were admitted. Plaintiff's Witness: Yakov Zroya testified. Cross-Examined by Defense Counsel. Defendant's Exhibit 27 admitted. Defendant's Witness: Orit Deverell testified. Cross-Examined by Plaintiff's Counsel. Plaintiff's Exhibits 37,38,43,44 were admitted. Court request that Plaintiffs and Defendants file their Proposed Findings of Facts, and Conclusion of Law by December 16, 2021. Attorney Appearance(s): Attorneys for the Plaintiffs: Christopher S. Ayres, Mark W. Stout, Yaniv Adar, Attorneys for the Defendants: Justin B. Levine, Lizza Carola Constantine, Todd M. Kurland, Defendants Yakov Zroya and Israel Gigi also present in Court. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (at) |
| Filing 100 STIPULATION re Preliminary Injunction Hearing - Undisputed Facts by Israel Isaac Gigi, Yakov Zroya (Levine, Justin) |
| Filing 99 Clerks Notice to Filer re #98 Stipulation. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jao) |
| Filing 98 STIPULATION Joint Preliminary injunction Hearing Stipulation of Undisputed Facts by Israel Isaac Gigi, Yakov Zroya (Constantine, Lizza) |
| Filing 97 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order filed by Israel Isaac Gigi, Yakov Zroya. Replies due by 11/30/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Levine, Justin) |
| Filing 96 NOTICE of Compliance with Court Order DE-60 by Israel Isaac Gigi, Yakov Zroya (Constantine, Lizza) |
| Filing 95 NOTICE by Israel Isaac Gigi, Yakov Zroya of Filing Individual Defendants' Exhibits (Attachments: #1 Exhibit D1, #2 Exhibit D2, #3 Exhibit D3, #4 Exhibit D4, #5 Exhibit D5, #6 Exhibit D6, #7 Exhibit D7, #8 Exhibit D8, #9 Exhibit D9, #10 Exhibit D10, #11 Exhibit D11, #12 Exhibit D12, #13 Exhibit D13, #14 Exhibit D14, #15 Exhibit D15, #16 Exhibit D16, #17 Exhibit D17, #18 Exhibit D18, #19 Exhibit D19, #20 Exhibit D20, #21 Exhibit D21, #22 Exhibit D22, #23 Exhibit D23, #24 Exhibit D24, #25 Exhibit D25, #26 Exhibit D26, #27 Exhibit D27, #28 Exhibit D28, #29 Exhibit D29) (Constantine, Lizza) |
| Filing 94 NOTICE by ADJ 26, LLC, FUME, LLC re #93 Notice (Other) of Filing Plaintiffs' Exhibits (Attachments: #1 Exhibit P-1 - Fume LLC's Amended and Restated Operating Agreement dated December 16, 2020, #2 Exhibit P-2 - Key Sections of the Amended and Restated Operating Agreement, #3 Exhibit P-3 - Assignment of Membership Interests dated December 16, 2020, #4 Exhibit P-4 - Distribution Report for Zroya, #5 Exhibit P-5 - Distribution Report for Gigi, #6 Exhibit P-6 - Check for Luxury Watches, #7 Exhibit P-7 - $6 Million Cashier's Check dated July 2, 2021, #8 Exhibit P-8 - July 2, 2021 E-mail to Fume's Bank, #9 Exhibit P-9 - Withdrawal Slip for Cashier's Check dated July 2, 2021, #10 Exhibit P-10 - Demand Letter for Return of Funds dated July 2, 2021, #11 Exhibit P-11 - Notice of Removal to Gigi and Zroya dated July 2, 2021, #12 Exhibit P-12 - Video of Atlantic City Tradeshow (Placeholder Picture), #13 Exhibit P-13 - Real Distribution Business Card from Atlantic City Tradeshow, #14 Exhibit P-14 - R&L Carriers Shipping Document, #15 Exhibit P-14a - Rosh Hashana Warehouse Video (Picture Placeholder), #16 Exhibit P-15 - Real Distribution, LLC Invoices to Fume, LLC, #17 Exhibit P-15b - Summary of the Real Distribution, LLC Invoices, #18 Exhibit P-16 - Certified Copy of Real Distribution Electronic Articles of Incorporation, #19 Exhibit P-17 - BFL Metals Invoices, #20 Exhibit P-18 - Afex Logistics Invoices, #21 Exhibit P-19 - BLF Metals Wire Transfer Discrepancy Chart, #22 Exhibit P-19b - BFL Metals Summary Chart, #23 Exhibit P-20 - I&K Wholesale Open Invoices (Kobi Myrtle Beach), #24 Exhibit P-20b - Summary of I&K Wholesale Invoices, #25 Exhibit P-21 - Joseph Isaacoff Distribution Chart, #26 Exhibit P-22 - Taj Wholesale, LLC Undercover Purchase Documents, #27 Exhibit P-23 - Taj Wholesale, LLC Purchase Pictures, #28 Exhibit P-24 - Real Distribution LLC Undercover Purchase Documents, #29 Exhibit P-25 - Real Distribution, LLC Surveillance Photos (Part 1), #30 Exhibit P-25 - Real Distribution, LLC Surveillance Photos (Part 2), #31 Exhibit P-26 - Real Distribution, LLC Returned Wire, #32 Exhibit P-27 - Zulu Vapes Investigation Report, #33 Exhibit P-28 - Defendants Assistant E-mails, #34 Exhibit P-29 - Fume Articles of Incorporation, #35 Exhibit P-30 - Afex Logistics, LLC Corporate Documents, #36 Exhibit P-31 - Comparative Invoices I&K Wholesale v. Up in Smoke, #37 Exhibit P-31b - Summary of I&K Wholesale Self-Given Discounts, #38 Exhibit P-32 - Zulu Vapes and Zulu Hemp Website Screenshots, #39 Exhibit P-33 - Surveillance at 2500 S. Park Road, #40 Exhibit P-34 - Fume Extra Trademark Registration, #41 Exhibit P-35 - Fume Product Example Pictures, #42 Exhibit P-36 - Fume Stylized Mark Registration, #43 Exhibit P-37 - Fume Inventory Photos, #44 Exhibit P-38 - Fume Trademark Registration Certificate, #45 Exhibit P-39 - Fume Logo Trademark Registration, #46 Exhibit P-40 - Confirmation of Filing for Incontestability, #47 Exhibit P-41 - Fume Mark Application Page, #48 Exhibit P-42 - DE 78 Findings of Fact and Conclusions of Law from Real Distribution, LLC Preliminary Injunction Hearing, #49 Exhibit P-43 - October 28, 2021 Hearing Transcript, #50 Exhibit P-44 - November 1, 2021 Hearing Transcript) (Adar, Yaniv) |
| Filing 93 NOTICE by ADJ 26, LLC, FUME, LLC re #60 Order Setting Hearing on Motion,, Set/Reset Deadlines, JOINT NOTICE OF FILING FOR PRELIMINARY INJUNCTION HEARING ON NOVEMBER 29, 2021 (Adar, Yaniv) |
Filing 92
PAPERLESS ORDER denying #86 Corrected Expedited Motion for Expedited Discovery Prior to Preliminary Injunction Hearing. The Court, having considered the motion, response, and reply, does not find good cause to grant the requested relief. Signed by Magistrate Judge Jared M. Strauss on 11/17/2021. (emd)
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| Filing 91 REPLY to Response to Motion re #86 Corrected MOTION to Expedite filed by Israel Isaac Gigi, Yakov Zroya. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Constantine, Lizza) |
| Filing 90 ACKNOWLEDGMENT OF RECEIPT as to #13 Order on Motion for Temporary Restraining Order, filed by Israel Isaac Gigi (jao) |
| Filing 89 RESPONSE in Opposition re #86 Corrected MOTION to Expedite Discovery filed by ADJ 26, LLC, FUME, LLC. Replies due by 11/23/2021. (Attachments: #1 Exhibit Tempelberg Declaration)(Adar, Yaniv) |
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Filing 88
PAPERLESS ORDER terminating #83 Motion for Discovery in light of #84 Notice of Striking; denying as moot #85 Motion for Expedited Discovery in light of #86 Corrected Motion. The response and reply deadlines/requirements in DE 87 shall apply to DE #86 . Signed by Magistrate Judge Jared M. Strauss on 11/15/2021. (emd)
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Filing 87
PAPERLESS ORDER Expediting Briefing on #85 MOTION for Expedited Discovery. The Motion notes that Plaintiffs indicated they would file a response by 11/16/2021. Accordingly, Plaintiffs shall file a response to the motion (limited to 7 double-spaced pages) by 11/16/2021. The movants may file a reply (limited to 3 double-spaced pages) by 5:00 PM on 11/17/2021. Signed by Magistrate Judge Jared M. Strauss on 11/15/2021. (emd)
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| Filing 86 Corrected MOTION to Expedite by Israel Isaac Gigi, Yakov Zroya. (Attachments: #1 Exhibit Defendants' GIGI and ZROYA Expedited Request for Production to FUME, LLC)(Levine, Justin) |
| Filing 85 First MOTION to Expedite by Israel Isaac Gigi, Yakov Zroya. (Attachments: #1 Exhibit Defendants' GIGI and ZROYA Expedited Request for Production to FUME, LLC)(Levine, Justin) |
| Filing 84 NOTICE of Striking #83 MOTION for Discovery filed by Israel Isaac Gigi, Yakov Zroya by Israel Isaac Gigi, Yakov Zroya (Levine, Justin) |
| Filing 83 STRICKEN per DE #84 MOTION for Discovery by Israel Isaac Gigi, Yakov Zroya. Responses due by 11/29/2021 (Attachments: #1 Exhibit Defendants' GIGI and ZROYA Expedited Request for Production to FUME, LLC)(Levine, Justin) Modified on 11/15/2021 (jao). |
| Set/Reset Deadlines as to #86 Corrected MOTION to Expedite. Response due by 11/16/2021. Reply due by 5:00 PM on 11/17/2021. (emd) |
| Filing 82 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s) marked at the evidentiary hearing held on October 28, 2021 and November 1, 2021 by Michael Alexander Boehringer on behalf of Real Distribution, LLC (Boehringer, Michael) |
| Filing 81 NOTICE by Real Distribution, LLC of Filing Exhibits from Evidentiary Hearing (Attachments: #1 Exhibit 3 - Fume, LLC v. Taj Wholesale - Complaint) (Boehringer, Michael) |
| Filing 80 Defendant's REPLY to Response to Motion re #51 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Israel Isaac Gigi, Yakov Zroya. (Constantine, Lizza) |
| Filing 79 NOTICE of Filing Exhibits from Evidentiary Hearing by ADJ 26, LLC, FUME, LLC. (jas) |
| Filing 77 CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): marked at the Evidentiary Hearing held on October 28, 2021 and November 1, 2021 by Yaniv Adar on behalf of ADJ 26, LLC, FUME, LLC (Adar, Yaniv) |
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Filing 78
ORDER denying #8 Motion for Temporary Restraining Order as to Defendant Redal Distribution, LLC. Signed by Judge William P. Dimitrouleas on 11/10/2021. See attached document for full details. (jas)
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| Filing 76 RESPONSE in Opposition re #51 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by ADJ 26, LLC, FUME, LLC. Replies due by 11/16/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mark, Etan) |
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Filing 75
ORDER granting in part and denying in part #52 Expedited Motion to Dismiss and Compel Mediation/Arbitration and Vacate Orders or, in the Alternative, to Compel Mediation/Arbitration and Stay the Proceedings. Signed by Judge William P. Dimitrouleas on 11/8/2021. See attached document for full details. (jao)
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| Filing 74 Defendant's REPLY to Response to Motion re #52 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM - EXPEDITED filed by Real Distribution, LLC. (Prater, Christopher) |
| Filing 73 NOTICE of Striking #67 Reply to Response to Motion filed by Real Distribution, LLC pursuant to DE 68 by Real Distribution, LLC (Prater, Christopher) |
| Filing 72 Proposed Findings of Fact and Proposed Conclusions of Law re DE 8 by Real Distribution, LLC. (Prater, Christopher) |
| Filing 71 MEMORANDUM of Law - Written Closing Argument regarding DE 8 by Real Distribution, LLC. (Prater, Christopher) |
| Filing 70 MEMORANDUM in Support re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order (Proposed Findings of Fact and Conclusions of Law as to the Preliminary Injunction Hearing Against Defendant Real Distribution, LLC) by ADJ 26, LLC, FUME, LLC. (Mark, Etan) |
| Filing 69 MEMORANDUM in Support re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order (Closing Argument Concerning Their Request for Preliminary Injunction Against Real Distribution, LLC) by ADJ 26, LLC, FUME, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mark, Etan) |
| Filing 68 Clerks Notice to Filer re #67 Reply to Response to Motion. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jao) |
| Filing 67 STRICKEN per DE #73 Defendant's REPLY to Response to Motion re #52 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM - EXPEDITED filed by Real Distribution, LLC. (Prater, Christopher) Modified on 11/8/2021 (jao). |
| Filing 66 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order filed by Real Distribution, LLC. Replies due by 11/15/2021. (Attachments: #1 Exhibit A - Transcript of 10/28/21 Injunction Hearing, #2 Exhibit B - Transcript of 11/1/21 Injunction Hearing, #3 Exhibit C - Composite - FUME and FUM mark information)(Prater, Christopher) |
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Filing 65
PAPERLESS ORDER granting #63 Motion for Leave to File. Plaintiff may conventionally file the video exhibits marked as 12 and 14A. Signed by Judge William P. Dimitrouleas on 11/5/2021. (mkz)
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| Filing 64 NOTICE by ADJ 26, LLC, FUME, LLC of Filing Exhibits from Evidentiary Hearing (Attachments: #1 Exhibit 1, #2 Exhibit 11, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 15b, #7 Exhibit 16, #8 Exhibit 23, #9 Exhibit 24, #10 Exhibit 25, #11 Exhibit 35, #12 Exhibit 37, #13 Exhibit 38) (Adar, Yaniv) |
| Filing 63 Unopposed MOTION for Leave to File Exhibit Conventionally by ADJ 26, LLC, FUME, LLC. (Attachments: #1 Text of Proposed Order)(Adar, Yaniv) |
| Filing 62 RESPONSE to Motion re #52 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM - EXPEDITED filed by ADJ 26, LLC, FUME, LLC. Replies due by 11/12/2021. (Mark, Etan) |
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Filing 61
PAPERLESS ORDER Expediting Briefing re #51 Defendants', Israel Isaac Gigi and Yakov Zroya, MOTION TO DISMISS. Response due by 11/9/2021. Reply due by 11/12/2021. Signed by Magistrate Judge Jared M. Strauss on 11/4/2021. (emd)
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Filing 60
ORDER Setting Evidentiary Hearing on Motion #8 MOTION for Preliminary Injunction (as to the individual defendants). Evidentiary Hearing set for 11/29/2021 at 9:00 AM in Fort Lauderdale Division before Magistrate Judge Jared M. Strauss. Deadlines set for 11/19/2021 & 11/22/2021. Signed by Magistrate Judge Jared M. Strauss on 11/4/2021. See attached document for full details. (emd)
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| Attorney Yaniv Adar representing ADJ 26, LLC (Plaintiff) and FUME, LLC (Plaintiff) Activated. Attorney Craig Lee Uhrich representing FUME, LLC (Plaintiff) terminated per DE #56 . Notice of Termination delivered by US Mail to Craig Uhrich. Attorney Yaniv Adar was erroneously terminated and the attorney that should have been terminated was Craig Uhrich. (jua) |
| Filing 59 NOTICE OF UNAVAILABILITY by Israel Isaac Gigi, Yakov Zroya for dates of 11/05/21; 12/18/21 - 12/25/21 (Levine, Justin) |
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Filing 58
PAPERLESS ORDER EXPEDITING BRIEFING on Real Distribution's Expedited Motion to Dismiss and Compel Mediation/Arbitration and Vacate Orders or, in the Alternative, to Compel Mediation/Arbitration and Stay the Proceedings [DE 52]. Plaintiffs shall file a Response on or before Friday, November 5, 2021 at 12:00 noon. Defendant Real Distribution shall file a Reply on or before Monday, November 8, 2021 at 12:00 noon. Signed by Judge William P. Dimitrouleas on 11/3/2021. (mkz)
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Filing 57
ORDER OF REFERRAL re #51 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Israel Isaac Gigi, Yakov Zroya. Motions referred to Judge Jared M. Strauss. Signed by Judge William P. Dimitrouleas on 11/3/2021. See attached document for full details. (jao)
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Filing 56
ORDER granting #55 Motion to Withdraw as Attorney. Yaniv Adar representing ADJ 26, LLC (Plaintiff) and FUME, LLC (Plaintiff); Attorney Andrew D. Bochner representing FUME, LLC (Plaintiff) withdrawn from case. Notice of Termination delivered by US Mail to Andrew Bochner. Signed by Judge William P. Dimitrouleas on 11/3/2021. See attached document for full details. (jao)
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| Filing 55 Unopposed MOTION to Withdraw as Attorney by Andrew D. Bochner and Craig L. Ulrich for / by FUME, LLC. Responses due by 11/16/2021 (Attachments: #1 Text of Proposed Order)(Adar, Yaniv) |
| Filing 54 PAPERLESS Minute Entry for proceedings held before Judge William P. Dimitrouleas: Evidentiary Hearing held on 10/28 and 11/2/2021. Total time in court 10/28 and 11/02: 5 hour(s) : 30 minutes. Attorney Appearance(s): Christopher S. Ayres, Mark W. Stout, Yaniv Adar, Christopher S Prater, Michael Alexander Boehringer, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (mkz) |
| Filing 53 Final Exhibit and Witness List for Injunction Hearing 10/28/2021 and 11/1/2021(mno) |
| Filing 52 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM - EXPEDITED by Real Distribution, LLC. Responses due by 11/15/2021 (Boehringer, Michael) |
| Filing 51 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Israel Isaac Gigi, Yakov Zroya. Responses due by 11/15/2021 (Levine, Justin) |
| Filing 50 Exhibit and Witness List in connection with 11/1/21 Injunction Hearing by Real Distribution, LLC.. (Prater, Christopher) |
| Reset Hearings per DE 49 : Evidentiary Hearing recessed for 11/1/2021 at 1:00 PM in Fort Lauderdale Division before Judge William P. Dimitrouleas. (pes) |
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Filing 49
PAPERLESS ORDER. The evidentiary hearing on Plaintiff's Motion for Preliminary Injunction as to Defendant Real Distribution, Inc. which commenced at 11:00 A.M. on Thursday, October 28, 2021, is recessed due to conflicts in the Court's docket until 1:00 P.M. on Monday, November 1, 2021 in Courtroom 205B at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. The Court finds good cause under Rule 65(b)(2)to extend the Temporary Restraining Order until after the Court rules on the Preliminary Injunction motion following the conclusion of the hearing. Signed by Judge William P. Dimitrouleas on 10/28/2021. (mkz)
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| Filing 48 NOTICE of Attorney Appearance by Michael Alexander Boehringer on behalf of Real Distribution, LLC. Attorney Michael Alexander Boehringer added to party Real Distribution, LLC(pty:dft). (Boehringer, Michael) |
| Filing 47 Exhibit and Witness List by ADJ 26, LLC, FUME, LLC.. (Mark, Etan) |
| Filing 46 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Status Conference held on 10/27/2021. Attorney Appearance(s): Etan Mark, Brandon J. Gibbons, Christopher S. Ayres, Mark W. Stout, Ivan Escobar (counsel observing not appearing)Etan Mark, Justin B. Levine, Lizza C. Constantine, Todd M. Kurland, Jonathan E. Pollard, Christopher S.Prater, (Digital ZOOM RECORDED) (at) |
| Filing 45 NOTICE of Attorney Appearance by Yaniv Adar on behalf of ADJ 26, LLC, FUME, LLC. Attorney Yaniv Adar added to party ADJ 26, LLC(pty:pla), Attorney Yaniv Adar added to party FUME, LLC(pty:pla). (Adar, Yaniv) |
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Filing 44
PAPERLESS ORDER SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION as to Defendant Real Distribution, Inc. An evidentiary hearing on Plaintiff's Motion for Preliminary Injunction as to Defendant Real Distribution, Inc. is hereby set for 11:00 A.M. on Thursday, October 28, 2021, in Courtroom 207A at the U.S. Courthouse, 299 E. Broward Boulevard, Fort Lauderdale, Florida. Because Defendants Israel Isaac Gigi and Yakov Zroya have xonsented to extend the TRO as to themselves, see [DE's 34, 35], this hearing will be limited to Plaintiff's Motion for Preliminary Injunction as to Defendant Real Distribution, Inc. Signed by Judge William P. Dimitrouleas on 10/27/2021. (rs00)
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| Filing 43 NOTICE of Attorney Appearance by Justin Steven Maya on behalf of Israel Isaac Gigi, Yakov Zroya. Attorney Justin Steven Maya added to party Israel Isaac Gigi(pty:dft), Attorney Justin Steven Maya added to party Yakov Zroya(pty:dft). (Maya, Justin) |
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Filing 42
PAPERLESS ORDER Setting Zoom Status Conference re #8 AMENDED EMERGENCY EX PARTE MOTION for Temporary Restraining Order, Preliminary Injunction, Seizure Order and Permanent Injunction. Zoom Status Conference set for 10/27/2021 at 2:00 PM before Magistrate Judge Jared M. Strauss. Counsel may join the status conference using the Meeting ID (161 856 5367) and password (3434) or the following link: https://www.zoomgov.com/j/1618565367?pwd=MitrVUFnZVQvNGNab20vQlRMN0FvZz09. Signed by Magistrate Judge Jared M. Strauss on 10/25/2021. (emd)
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| Filing 41 Minute Entry for proceedings held before Magistrate Judge Lurana S. Snow: Status Conference held on 10/25/2021. Magistrate Judge Snow to enter Order of Recusal. (Digital 13:00:00) (dd) |
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Filing 40
ORDER OF RECUSAL. Magistrate Judge Lurana S. Snow recused. Case reassigned to Magistrate Judge Jared M. Strauss for all further proceedings. Motions referred to Judge Jared M. Strauss. Signed by Magistrate Judge Lurana S. Snow on 10/25/2021. See attached document for full details. (bms)
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| Filing 39 NOTICE of Attorney Appearance by John Joseph Taddeo on behalf of Israel Isaac Gigi, Yakov Zroya. Attorney John Joseph Taddeo added to party Israel Isaac Gigi(pty:dft), Attorney John Joseph Taddeo added to party Yakov Zroya(pty:dft). (Taddeo, John) |
| Filing 38 NOTICE of Attorney Appearance by Jonathan Edgar Pollard on behalf of Real Distribution, LLC. Attorney Jonathan Edgar Pollard added to party Real Distribution, LLC(pty:dft). (Pollard, Jonathan) |
| Filing 37 NOTICE of Attorney Appearance by Christopher S Prater on behalf of Real Distribution, LLC. Attorney Christopher S Prater added to party Real Distribution, LLC(pty:dft). (Prater, Christopher) |
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Filing 36
PAPERLESS ORDER Setting Status Conference via ZOOM Re: (ECF No. 8) Plaintiffs' Motion for Preliminary Injunction. Status Conference set for Monday, October 25, 2021, at 1:00 p.m. via ZOOM in Fort Lauderdale Division before Magistrate Judge Lurana S. Snow. All parties are Ordered to appear at the status conference prepared to discuss scheduling issues regarding the Preliminary Injunction Hearing as well as the manner in which the presentation of evidence will be streamlined at the Preliminary Injunction Hearing. The Zoom information is as follows: https://www.zoomgov.com/j/1616490795?pwd=Z1JvRU11Q3hVYnBCZm9hR1RMUFZGQT09 Meeting ID: 161 649 0795 Passcode: 4343 In light of the Order at ECF No. 35 and the parties' Joint Motion at ECF No. 34, the Preliminary Injunction Hearing set for October 25, 2021, at 1:00 p.m. (ECF No. 18) is canceled. The Status Conference as indicated above shall occur in its place.In light of the Order at ECF No. 35 and the parties' Joint Motion at ECF No. 34, the Preliminary Injunction Hearing shall be reset as to Defendants Israel Isaac Gigi and Yakov Zroya to take place on Monday, November 22, 2021, at 10:00 a.m. via ZOOM in Fort Lauderdale Division before Magistrate Judge Lurana S. Snow.As Defendant Real Distribution, LLC has not appeared through counsel or otherwise in this case, the Court shall defer the scheduling of a preliminary injunction hearing as to Real Distribution, LLC until after the Status Conference. Plaintiffs shall make all efforts to confer with Defendant Real Distribution, LLC in order to determine Real Distribution, LLC's position in regard to the extension of the Temporary Restraining Order entered at ECF No. 13. If Defendant Real Distribution, LLC consents to an extension of the Temporary Restraining Order until the Court can rule on a preliminary injunction on this matter, Real Distribution, LLC shall indicate as such at the Status Conference. Alternatively Defendant Real Distribution, LLC may file a notice stating that it consents to an extension of the Temporary Restraining Order until the Court can rule on a preliminary injunction on this matter no later than Monday, October, 25, 2021.Defendant Real Distribution LLC is cautioned that a failure to appear at the Status Conference will result in the Court rescheduling the preliminary injunction hearing for a time to take place prior to October 29, 2021, as to only Real Distribution, LLC. Further, a failure by Real Distribution, LLC to appear at said preliminary injunction hearing may result in the immediate issuance of the preliminary injunction relief as requested in Plaintiffs' Complaint and Motion, including but not limited to, the issuance of the seizure order previously denied. Accordingly, Defendant Real Distribution, LLC is Ordered to confer with Plaintiffs' regarding the issues discussed in the Joint Motion at ECF No. 34 prior to the Status ConferenceIn that no notice of appearance has been filed by counsel on behalf of the Defendant, Real Distribution, LLC, Plaintiffs shall ensure that Real Distribution, LLC is served with a copy of this Order no later than October 25, 2021, at 10:00 a.m. Signed by Magistrate Judge Lurana S. Snow on 10/22/2021. (qhq)
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Filing 35
PAPERLESS ORDER granting in part #34 Motion for Extension of Time. Per Defendants Israel Isaac Gigi and Yakov Zroya's consent, the Temporary Restraining Order #13 is hereby extended ONLY as to Defendants Israel Isaac Gigi and Yakov Zroya until the Court can rule on a preliminary injunction on this matter. The Temporary Restraining Order #13 is not extended as to Defendant Real Distribution LLC and will lapse on October 29, 2021. Signed by Judge William P. Dimitrouleas on 10/22/2021. (mkz)
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| Filing 34 Joint MOTION for Extension of Time RESET THE PRELIMINARY INJUNCTION HEARING re #18 Order Setting Hearing on Motion,,,,,, by ADJ 26, LLC, FUME, LLC. Responses due by 11/5/2021 (Attachments: #1 Text of Proposed Order)(Mark, Etan) |
| Filing 33 NOTICE of Attorney Appearance by Todd M. Kurland on behalf of Israel Isaac Gigi, Yakov Zroya . Attorney Todd M. Kurland added to party Israel Isaac Gigi(pty:dft), Attorney Todd M. Kurland added to party Yakov Zroya (pty:dft). (Kurland, Todd) Modified text on 10/22/2021 (jao). Modified on 10/22/2021 (jao). |
| Filing 32 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Real Distribution, LLC served on 10/21/2021, response/answer due 11/12/2021; Yakov Zroya served on 10/21/2021, response/answer due 11/12/2021. (jao) Modified on text 10/21/2021 (jao). |
| Filing 31 NOTICE of Attorney Appearance by Lizza Carola Constantine on behalf of Israel Isaac Gigi, Yakov Zroya. Attorney Lizza Carola Constantine added to party Israel Isaac Gigi(pty:dft), Attorney Lizza Carola Constantine added to party Yakov Zroya(pty:dft). (Constantine, Lizza) |
| Filing 30 NOTICE of Attorney Appearance by Justin B. Levine on behalf of Yakov Zroya. Attorney Justin B. Levine added to party Yakov Zroya(pty:dft). (Levine, Justin) |
| Filing 29 NOTICE of Attorney Appearance by Justin B. Levine on behalf of Israel Isaac Gigi. Attorney Justin B. Levine added to party Israel Isaac Gigi(pty:dft). (Levine, Justin) |
| Filing 28 NOTICE of Compliance by ADJ 26, LLC, FUME, LLC re #18 Order Setting Hearing on Motion,,,,,, (Mark, Etan) |
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Filing 27
ORDER Requiring Service of Zoom Hearing Information on Defendants. In that no notice of appearance has been filed by counsel on behalf of Defendants, Plaintiffs shall ensure that Defendants are served with a copy of this Order no later than Friday, October 22, 2021. Plaintiffs shall file an affidavit of compliance in the record within three (3) days.See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 10/19/2021. (qhq)
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| Filing 26 Summons Issued as to Israel Isaac Gigi, Real Distribution, LLC, Yakov Zroya. (jao) |
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Filing 25
ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING. ORDER granting #19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew D. Bochner ; granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mark W. Stout ; granting #21 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher S. Ayres ; granting #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Brandon J. Gibbons ; granting #23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Craig Lee Uhrich. Signed by Judge William P. Dimitrouleas on 10/19/2021. See attached document for full details. (amb) Text Modified on 10/19/2021 (amb).
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| Filing 24 NOTICE of Compliance by ADJ 26, LLC, FUME, LLC re #13 Order on Motion for Temporary Restraining Order,,,,, Order on Motion for Preliminary Injunction,,,,, Order on Motion for Permanent Injunction,,,,,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Sealed Report and Recommendations,,,, (Mark, Etan) |
| Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig Uhrich. Filing Fee $ 200.00 Receipt # AFLSDC-15101075 by FUME, LLC. Responses due by 11/1/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mark, Etan) |
| Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brandon J. Gibbons. Filing Fee $ 200.00 Receipt # AFLSDC-15101064 by ADJ 26, LLC. Responses due by 11/1/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mark, Etan) |
| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher S. Ayres. Filing Fee $ 200.00 Receipt # AFLSDC-15101003 by ADJ 26, LLC. Responses due by 11/1/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mark, Etan) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark W. Stout. Filing Fee $ 200.00 Receipt # AFLSDC-15100967 by ADJ 26, LLC, FUME, LLC. Responses due by 11/1/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mark, Etan) |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew D. Bochner. Filing Fee $ 200.00 Receipt # AFLSDC-15100524 by ADJ 26, LLC, FUME, LLC. Responses due by 11/1/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Mark, Etan) |
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Filing 18
*TIME CHANGE ONLY* ORDER Setting Hearing on ECF NO. 8 Plaintiffs' Motion for Preliminary Injunction and Requiring Conferral. Preliminary Injunction Hearing set for Monday, October 25 2021, at 1:00 p.m. via ZOOM in Fort Lauderdale Division before Magistrate Judge Lurana S. Snow. The Hearing set for October 27, 2021, at 10:00 a.m. is canceled.The parties are ORDERED to meaningfully confer either by telephone, in person, or by ZOOM (or a similar platform) to discuss the issues raised in the Motion for Preliminary Injunction. The conferral shall occur no later than Monday, October 25, 2021, by noon. If the parties reach an agreement on the issues in the Motion, the Plaintiffs shall file a notice of withdrawal of the Motion no later than October, 25 2021, by 1:00 p.m.If the parties need additional time to confer or for Defendants to obtain counsel to assist in complying with this Order, they shall present an agreed motion requesting additional time for compliance. The parties agreed motion shall state whether the parties consent to the temporary restraining order remaining in effect beyond the original 14 days in order to facilitate this extension of time.In that no notice of appearance has been filed by counsel on behalf of the Defendants, Plaintiffs shall ensure that Defendants are served with a copy of this Order no later than October 20, 2021.See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 10/18/2021. (qhq)
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| Filing 17 NOTICE of Filing Proposed Summons(es) by ADJ 26, LLC, FUME, LLC (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s)) (Mark, Etan) |
| Filing 16 NOTICE OF UNAVAILABILITY by ADJ 26, LLC, FUME, LLC for dates of October 27th, November 4th & November 5th, 2021 (Mark, Etan) |
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Filing 15
ORDER Setting Hearing on #8 Plaintiffs' Motion for Preliminary Injunction and Requiring Conferral. Preliminary Injunction Hearing set for Wednesday, October 27 2021, at 10:00 a.m. via ZOOM in Fort Lauderdale Division before Magistrate Judge Lurana S. Snow. The parties are ORDERED to meaningfully confer either by telephone, in person, or by ZOOM (or a similar platform) to discuss the issues raised in the Motion for Preliminary Injunction. The parties shall reserve at least one (1) hour to confer. The conferral shall occur no later than Monday, October 25, 2021, by 3:00 p.m. If the parties reach an agreement on the issues in the Motion, the Plaintiffs shall file a notice of withdrawal of the Motion or the parties shall file an agreed preliminary injunction no later than October, 27 2021, by 10:00 a.m.If the parties need additional time to confer or for Defendants to obtain counsel to assist in complying with this Order, they shall present an agreed motion requesting additional time for compliance. The parties agreed motion shall state whether the parties consent to the temporary restraining order remaining in effect beyond the original 14 days in order to facilitate this extension of time.In that no notice of appearance has been filed by counsel on behalf of the Defendants, Plaintiffs shall ensure that Defendants are served with a copy of this Order no later than October 20, 2021. See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 10/18/2021. (qhq)
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| Filing 14 CLERK'S NOTICE of Compliance by Unsealing Case pursuant to #13 Order (nc) |
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Filing 13
ORDER ADOPTING REPORT #12 re #8 Amended Emergency Ex Parte Motion for Temporary Restraining Order, Motion for Preliminary Injunction Motion for Permanent Injunction, Seizure Order. Accordingly it is hereby ORDERED AND ADJUDGED Injunction; #8 Amended Emergency Ex Parte Motion for Temporary Restraining Order, Preliminary Injunction, Seizure Order and Motion for Permanent Injunction is GRANTED IN PART as to the request for a Temporary Restraining Order and DENIED as to the request for a Seizure Order, and #4 Motion for Temporary Restraining Order, Preliminary Injunction, Seizure Order, and Permanent Injunction is DENIED AS MOOT. Plaintiffs' #8 Amended Emergency Ex Parte Motion for Temporary Restraining Order, Motion for Preliminary Injunction, Seizure Order, Motion for Permanent Injunction, remains REFERRED to Magistrate Judge Snow, who shall, by separate order, set this matter for a hearing. The Clerk is DIRECTED to place this Order, UNSEALED, in the publicly accessible docket and to UNSEAL all docket entries and the associated exhibits in this case. Signed by Judge William P. Dimitrouleas on 10/15/2021. See attached document for full details. (nc)
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Filing 12
SEALED REPORT AND RECOMMENDATIONS re #8 Amended Emergency Ex Parte Motion for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order filed by FUME, LLC, ADJ 26, LLC. Recommending that Plaintiffs' Sealed Emergency Ex Parte Motion for Temporary Restraining Order and Seizure Order be GRANTED IN PART AND DENIED IN PART Objections to R&R due by 10/28/2021 Signed by Magistrate Judge Lurana S. Snow on 10/14/2021. (nc)
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Filing 11
ORDER REFERRING Motion for Hearing(s) and Report and Recommendation #4 MOTION for Temporary Restraining Order, Preliminary Injunction, Seizure Order, and Permanent Injunction filed by FUME, LLC, ADJ 26, LLC. Motions referred to Judge Lurana S. Snow. Signed by Judge William P. Dimitrouleas on 10/12/2021. See attached document for full details. (nc)
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Filing 10
ORDER Granting #3 Motion to Seal. Signed by Judge William P. Dimitrouleas on 10/12/2021. See attached document for full details. (nc)
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| Filing 9 Clerk's Notice of Filing Deficiency Re: #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order filed by FUME, LLC, ADJ 26, LLC. Document(s) missing required original signature(s) (Fed.R.Civ.P. 11(a)). (nc) |
| Filing 8 AMENDED EMERGENCY EX PARTE MOTION for Temporary Restraining Order, Preliminary Injunction, Seizure Order and Permanent Injunction by ADJ 26, LLC, FUME, LLC. ( Responses due by 10/26/2021) (Attachments: #1 Exhibit A-F, #2 Text of Proposed Order)(nc) |
| Filing 7 Clerks Notice of Receipt of Filing Fee received on 10/8/2021 in the amount of $402.00, receipt number FLS100238060 (mc) |
| Filing 6 Clerk's Notice of Filing Deficiency Re: #1 Complaint, #3 MOTION for Order to File Under Seal, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by FUME, LLC, ADJ 26, LLC. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (mc) |
| Filing 5 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (mc) |
| Filing 4 MOTION for Temporary Restraining Order, Preliminary Injunction, Seizure Order, and Permanent Injunction by ADJ 26, LLC, FUME, LLC. (Attachments: #1 Exhbit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(mc) |
| Filing 3 MOTION for Order to File Under Seal by ADJ 26, LLC, FUME, LLC. (Attachments: #1 Text of Proposed Order)(mc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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. (mc) |
| Filing 1 COMPLAINT, Application for Ex Parte Temporary Restraining Order, Seizure Order, Temporary Injunction, and Permanent Injunction against Israel Isaac Gigi, Real Distribution, LLC, Yakov Zroya. Filing fees $ 402.00, filed by ADJ 26, LLC, FUME, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(mc) |
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