DOMETIC CORPORATION v. BARNETTE, et al
| DOMETIC CORPORATION |
| JOHN BARNETTE, ALFREDO FERNANDEZ, JOHNSON NACIUS, AQUA AIR, LLC, FRIGIBAR, LLC and SEANN PAVLIK |
| JOHN BARNETTE, AQUA AIR, LLC, JOHNSON NACIUS, ALFREDO FERNANDEZ, SEANN PAVLIK and FRIGIBAR, LLC |
| DOMETIC CORPORATION |
| 0:2025cv60999 |
| May 20, 2025 |
| U.S. District Court for the Southern District of Florida |
| Melissa Damian |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity |
| Defendant |
Docket Report
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This docket was last retrieved on November 14, 2025. A more recent docket listing may be available from PACER.
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| Filing 67 REPLY to #66 Response in Opposition to Motion, by DOMETIC CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rutner, Erica) |
| Filing 66 RESPONSE in Opposition re #31 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law as to Intellectual Property Related Issues Only filed by AQUA AIR, LLC, FRIGIBAR, LLC, SEANN PAVLIK. Replies due by 11/20/2025. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Nowacki, Austin) |
| Reset Deadlines Per DE 65 . Replies due by 7/14/2025. (cqs) |
Filing 65
PAPERLESS ORDER granting #61 Plaintiff's Unopposed Motion For Extension Of Time To File Its Reply In Support Of Motion For Preliminary Injunction Addressing Plaintiff's Restrictive Covenant Claims, through November 14, 2025. Finding good cause for the requested relief, and noting the agreement of the Parties, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Accordingly, Plaintiff shall file a reply on or before November 14, 2025. Signed by Judge Melissa Damian on 11/5/2025. Signed by Judge Melissa Damian on 11/5/2025. (mul)
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Filing 64
ORDER granting #60 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Michael Pomeroy. Signed by Judge Melissa Damian on 11/3/2025. See attached document for full details. (ls)
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| Filing 63 Clerk's Notice of Docket Correction re #62 Order on Motion to Appear Pro Hac Vice,. Incorrect Document Attached; The correct document has been attached to this notice. (ls) |
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Filing 62
ORDER granting #59 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Bradley Liddle. Signed by Judge Melissa Damian on 11/3/2025. See attached document for full details. (ls) (Main Document 62 replaced on 11/4/2025) (ls).
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| Filing 61 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #58 Response in Opposition to Motion, by DOMETIC CORPORATION. (Attachments: #1 Text of Proposed Order)(Rutner, Erica) |
| Filing 60 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Pomeroy. Filing Fee $ 250.00 Receipt # AFLSDC-18921252 by DOMETIC CORPORATION. Responses due by 11/17/2025. (Attachments: #1 Text of Proposed Order)(Rutner, Erica) |
| Filing 59 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bradley Liddle. Filing Fee $ 250.00 Receipt # AFLSDC-18921203 by DOMETIC CORPORATION. Responses due by 11/17/2025. (Attachments: #1 Text of Proposed Order)(Rutner, Erica) |
| Filing 58 RESPONSE in Opposition re #31 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law AS TO EMPLOYMENT RELATED ISSUES ONLY filed by AQUA AIR, LLC, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS. Replies due by 11/7/2025. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Seiler, John) |
| Filing 57 Certificate of Other Affiliates/Corporate Disclosure Statement by DOMETIC CORPORATION identifying Corporate Parent Dometic Holding AB, Other Affiliate Dometic Group AB for DOMETIC CORPORATION (Rutner, Erica) |
| Filing 56 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS, SEANN PAVLIK (Seiler, John) |
| Filing 55 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand , COUNTERCLAIM against DOMETIC CORPORATION by JOHN BARNETTE, AQUA AIR, LLC, JOHNSON NACIUS, ALFREDO FERNANDEZ, SEANN PAVLIK, FRIGIBAR, LLC. (Seiler, John) |
| Filing 54 Joint SCHEDULING REPORT - Rule 16.1 by DOMETIC CORPORATION (Attachments: #1 Exhibit A - Joint Proposed Scheduling Order)(Rutner, Erica) |
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Filing 53
OMNIBUS ORDER FOLLOWING STATUS CONFERENCEgranting in part and denying in part #40 Motion for Extension of Time to File Response ; denying without prejudice #50 Motion for Leave to Conduct Limited Expedited Discovery; ; denying #23 Motion for Extension of Time to File Response/Reply/Answer ; granting #29 Motion for an Order Setting a Definitive Deadline for Defendants ; denying #30 Motion to Stay. Signed by Judge Melissa Damian on 10/1/2025. See attached document for full details. (ksr)
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Filing 52
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 10/15/2025 Signed by Judge Melissa Damian on 10/1/2025. See attached document for full details. (ksr)
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| Filing 51 PAPERLESS Minute Entry for proceedings held before Judge Melissa Damian: Status Conference held on 10/1/2025. Total time in court: 0 hour(s) : 21 minutes. Attorney Appearance(s): Derek Roger Fahey, John Preston Seiler, Michael Ross Puretz, Erica W Rutner. Court Reporter: Gina Rodriguez, 305-523-5026 / [email protected]. (pg00) |
| Filing 50 MOTION for Discovery ( Responses due by 10/15/2025.), Second MOTION for Extension of Time to File Response/Reply/Answer as to #31 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law by AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS, SEANN PAVLIK. Attorney Austin Robert Nowacki added to party JOHN BARNETTE(pty:dft), Attorney Austin Robert Nowacki added to party ALFREDO FERNANDEZ(pty:dft), Attorney Austin Robert Nowacki added to party JOHNSON NACIUS(pty:dft). (Attachments: #1 Exhibit Declaration, #2 Exhibit Exhibit to Declaration, #3 Exhibit Exhibit to Declaration, #4 Exhibit Exhibit to Declaration, #5 Text of Proposed Order Proposed Order)(Nowacki, Austin) |
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Filing 49
ORDER granting #32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) John A. Bertino. Signed by Judge Melissa Damian on 9/30/2025. See attached document for full details. (ksr)
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| Filing 48 NOTICE by AQUA AIR, LLC, FRIGIBAR, LLC, SEANN PAVLIK re #30 Defendant's MOTION to Stay re #23 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, Joinder in and Adoption of Renewed Motion to Stay, #40 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #31 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law , #23 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, (Fahey, Derek) |
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Filing 47
ORDER RESETTING STATUS CONFERENCE granting #43 Motion to Continue. Status Conference set for 10/1/2025 02:00 PM in Fort Lauderdale Division before Judge Melissa Damian. Signed by Judge Melissa Damian on 9/4/2025. See attached document for full details. (ksr)
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Filing 46
ORDER granting #42 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Barry Golob. Signed by Judge Melissa Damian on 9/3/2025. See attached document for full details. (kpe)
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Filing 45
ORDER granting #34 Motion For Withdrawal Of Counsel. Signed by Judge Melissa Damian on 9/3/2025. See attached document for full details. (kpe)
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| Filing 44 REPLY in Support of Motion re #40 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #31 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law . filed by AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS, SEANN PAVLIK. (Attachments: #1 Exhibit)(Fahey, Derek) |
| Filing 43 MOTION to Continue Status Conference by AQUA AIR, LLC, FRIGIBAR, LLC, SEANN PAVLIK. Responses due by 9/12/2025. (Attachments: #1 Text of Proposed Order)(Fahey, Derek) |
| Filing 42 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Barry Golob. Filing Fee $ 250.00 Receipt # AFLSDC-18748162 by DOMETIC CORPORATION. Responses due by 9/12/2025. (Attachments: #1 Text of Proposed Order)(Rutner, Erica) |
| Filing 41 RESPONSE to #40 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #31 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law by DOMETIC CORPORATION. (Attachments: #1 Exhibit A)(Rutner, Erica) |
| Filing 40 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #31 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law by AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS, SEANN PAVLIK. (Attachments: #1 Text of Proposed Order)(Fahey, Derek) |
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Filing 39
ORDER Setting Status Conference: Status Conference set for 9/10/2025 11:00 AM in Fort Lauderdale Division before Judge Melissa Damian. Signed by Judge Melissa Damian on 8/27/2025. See attached document for full details. (ksr)
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| Filing 38 RESPONSE to Motion re #29 Plaintiff's MOTION for an Order Setting a Definitive Deadline for Defendants to Answer Amended Complaint filed by AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS, SEANN PAVLIK. Replies due by 9/3/2025. (Seiler, John) |
| Filing 37 NOTICE of Attorney Appearance by Austin Robert Nowacki on behalf of AQUA AIR, LLC, FRIGIBAR, LLC, SEANN PAVLIK. Attorney Austin Robert Nowacki added to party AQUA AIR, LLC(pty:dft), Attorney Austin Robert Nowacki added to party FRIGIBAR, LLC(pty:dft), Attorney Austin Robert Nowacki added to party SEANN PAVLIK(pty:dft). (Nowacki, Austin) |
| Filing 36 NOTICE of Attorney Appearance by Derek Roger Fahey on behalf of AQUA AIR, LLC, FRIGIBAR, LLC, SEANN PAVLIK. Attorney Derek Roger Fahey added to party AQUA AIR, LLC(pty:dft), Attorney Derek Roger Fahey added to party FRIGIBAR, LLC(pty:dft), Attorney Derek Roger Fahey added to party SEANN PAVLIK(pty:dft). (Fahey, Derek) |
| Filing 35 NOTICE by DOMETIC CORPORATION re #34 MOTION to Withdraw as Attorney by James A. Gale for / (Attachments: #1 Text of Proposed Order Proposed Order) (Gale, James) |
| Filing 34 MOTION to Withdraw as Attorney by James A. Gale for / by DOMETIC CORPORATION. Responses due by 9/4/2025. (Gale, James) |
| Filing 33 RESPONSE in Opposition re #30 Defendant's MOTION to Stay re #23 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, Joinder in and Adoption of Renewed Motion to Stay filed by DOMETIC CORPORATION. Replies due by 8/26/2025. (Rutner, Erica) |
| Filing 32 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John A. Bertino. Filing Fee $ 250.00 Receipt # AFLSDC-18708208 by DOMETIC CORPORATION. Responses due by 8/29/2025. (Attachments: #1 Text of Proposed Order)(Rutner, Erica) |
| Filing 31 Plaintiff's MOTION for Preliminary Injunction and Incorporated Memorandum of Law by DOMETIC CORPORATION. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Text of Proposed Order)(Rutner, Erica) |
| Filing 30 Defendant's MOTION to Stay re #23 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, Joinder in and Adoption of Renewed Motion to Stay by SEANN PAVLIK. Responses due by 8/28/2025. (Seiler, John) |
| Filing 29 Plaintiff's MOTION for an Order Setting a Definitive Deadline for Defendants to Answer Amended Complaint by DOMETIC CORPORATION. (Rutner, Erica) |
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Filing 28
ORDER denying without prejudice #26 Motion to Dismiss for Failure to State a Claim. Signed by Judge Melissa Damian on 8/4/2025. See attached document for full details. (ksr)
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| Filing 27 SUMMONS (Affidavit) Returned Executed on #14 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DOMETIC CORPORATION. SEANN PAVLIK served on 7/17/2025, response/answer due 8/7/2025. (Rutner, Erica) |
| Filing 26 Defendant's MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM COUNTS VI by SEANN PAVLIK. Attorney John Preston Seiler added to party SEANN PAVLIK(pty:dft). Responses due by 8/15/2025. (Seiler, John) |
| Filing 25 RESPONSE to Motion re #23 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, filed by AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS. Replies due by 8/1/2025. (Seiler, John) |
| Filing 24 RESPONSE in Opposition re #23 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, filed by DOMETIC CORPORATION. Replies due by 7/25/2025. (Attachments: #1 Exhibit A - Order re non-compliance)(Rutner, Erica) |
| Filing 23 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, by AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS. Attorney John Preston Seiler added to party FRIGIBAR, LLC(pty:dft). (Seiler, John) |
| Filing 22 Summons Issued as to SEANN PAVLIK. (kpe) |
| Filing 21 Clerk's Notice to Filer re #19 Report Regarding. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#20]. It is not necessary to refile this document. (cqs) |
| Filing 20 FORM AO 120 (for image de #19 ) SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (cqs) |
| Filing 19 REPORT REGARDING ON THE FILING OR DETERMINATION OF AN ACTION REGARDING A PATENT OR TRADEMARK by DOMETIC CORPORATION (Gale, James) |
| Filing 18 Plaintiff's Corporate Disclosure Statement by DOMETIC CORPORATION identifying Corporate Parent Dometic Group AB for DOMETIC CORPORATION (Gale, James) |
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Filing 17
ORDER DISCHARGING ORDER TO SHOW CAUSE, AQUA AIR, LLC answer due 7/11/2025; JOHN BARNETTE answer due 7/11/2025; ALFREDO FERNANDEZ answer due 7/11/2025; FRIGIBAR, LLC answer due 7/11/2025; JOHNSON NACIUS answer due 7/11/2025; SEANN PAVLIK answer due 7/11/2025. Signed by Judge Melissa Damian on 6/30/2025. See attached document for full details. (ksr)
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| Filing 16 CERTIFICATE OF SERVICE by DOMETIC CORPORATION re #14 Amended Complaint/Amended Notice of Removal, (Rutner, Erica) |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re #13 Order on Motion to Stay, by DOMETIC CORPORATION. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rutner, Erica) |
| Filing 14 AMENDED COMPLAINT against AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS, SEANN PAVLIK, filed by DOMETIC CORPORATION. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Summon(s) for Seann Pavlik, #7 Notice of Voluntary Dismissal from State Court)(Rutner, Erica) |
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Filing 13
OMNIBUS ORDER ON MOTION TO STAY [ECF NO. 11] denying #11 Motion to Stay. Amended Complaint due by 7/8/2025. Show Cause Response due by 7/8/2025. Signed by Judge Melissa Damian on 6/24/2025. See attached document for full details. (ksr)
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| Filing 12 NOTICE of Attorney Appearance by James Anthony Gale on behalf of DOMETIC CORPORATION. Attorney James Anthony Gale added to party DOMETIC CORPORATION(pty:pla). (Gale, James) |
| Filing 11 MOTION to Stay PENDING AWARD OF ATTORNEYS' FEES AND COSTS INCURRED IN PREVIOUSLY DISMISSED ACTION by AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, JOHNSON NACIUS. Attorney John Preston Seiler added to party AQUA AIR, LLC(pty:dft), Attorney John Preston Seiler added to party JOHN BARNETTE(pty:dft), Attorney John Preston Seiler added to party ALFREDO FERNANDEZ(pty:dft), Attorney John Preston Seiler added to party JOHNSON NACIUS(pty:dft). Responses due by 7/7/2025. (Attachments: #1 Exhibit Verified Complaint, #2 Exhibit Amended Complaint, #3 Exhibit Answer and Affirmative Defenses by Defendant, Aqua Air, LLC, #4 Exhibit Notice of Voluntary Dismissal Without Prejudice, #5 Exhibit Motion for Attorneys' Fees and Costs, #6 Exhibit Circuit Civil Case Docket)(Seiler, John) |
| 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 DOMETIC CORPORATION. FRIGIBAR, LLC served on 6/3/2025, response/answer due 6/24/2025. (Rutner, Erica) |
| 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 DOMETIC CORPORATION. AQUA AIR, LLC served on 6/2/2025, response/answer due 6/23/2025. (Rutner, Erica) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DOMETIC CORPORATION. JOHN BARNETTE served on 5/29/2025, response/answer due 6/20/2025. (Rutner, Erica) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DOMETIC CORPORATION. ALFREDO FERNANDEZ served on 5/22/2025, response/answer due 6/12/2025. (Rutner, Erica) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DOMETIC CORPORATION. JOHNSON NACIUS served on 5/24/2025, response/answer due 6/16/2025. (Rutner, Erica) |
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Filing 5
ORDER ON CASES WITH MULTIPLE DEFENDANTS Signed by Judge Melissa Damian on 5/22/2025. See attached document for full details. (cqs)
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| Filing 4 Summons Issued as to AQUA AIR, LLC, JOHN BARNETTE, ALFREDO FERNANDEZ, FRIGIBAR, LLC, JOHNSON NACIUS. (cqs) |
| Filing 3 NOTICE of Filing Proposed Summons(es) by DOMETIC CORPORATION (Attachments: #1 Summon(s) for J. Barnette, #2 Summon(s) for A. Fernandez, #3 Summon(s) for J. Nacius, #4 Summon(s) for Aqua Air, LLC, #5 Summon(s) for Frigibar, LLC) (Rutner, Erica) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Melissa Damian. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (blc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18465987, filed by DOMETIC CORPORATION. (Attachments: #1 Civil Cover Sheet)(Rutner, Erica) |
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