LEBOVITZ et al v. LEAL et al
| LEBOVITZ, Marc D. LEBOVITZ, Amy S. LEBOVITZ and ICW LLC |
| LEAL, RAQUEL LEAL, RICHARD LEAL, KEVIN LEAL, ROBERT LEAL JR., ROBERTO LEAL, VARELA STREET INVESTMENTS, LLC and SUPERIUM COFFEE WAREHOUSE, LLC |
| 1:2016cv22347 |
| June 21, 2016 |
| U.S. District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Alicia M Otazo-Reyes |
| Robert N Scola |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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Filing 58
Order Of Dismissal: The Court directs the Clerk to close this case. All pending motions, if any, are denied as moot. Motions terminated: #50 Defendant's MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM Defendants Motion to Dismiss Plaintiffs' Verified Complaint for Damages and Injunctive Relief for Failure to State a Cause of Action, to Decline Supplemental Jur filed by ROBERT LEAL JR., ROBERTO LEAL, RICHARD LEAL, VARELA STREET INVESTMENTS, LLC, SUPERIUM COFFEE WAREHOUSE, LLC, KEVIN LEAL, RAQUEL LEAL, #51 MOTION in Limine and Memorandum of Law in Support filed by ROBERT LEAL JR., ROBERTO LEAL, RICHARD LEAL, VARELA STREET INVESTMENTS, LLC, SUPERIUM COFFEE WAREHOUSE, LLC, KEVIN LEAL, RAQUEL LEAL. Signed by Judge Robert N. Scola, Jr on 9/8/2016. (lan) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. Modified text on 9/12/2016 (mr1).
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| Filing 57 STIPULATION of Dismissal With Prejudice by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ (Wernick, Aviva) |
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Filing 56
PAPERLESS ORDER: On August 24, 2016, this Court stayed all pending deadlines until September 1, 2016, based on the parties' notice that they had "reached a settlement in principle." The Court now orders the parties to show cause no later than September 12, 2016, why the Court should not impose a scheduling order. If the parties have not reached a settlement by September 12, 2016, the Court will enter a scheduling order. Signed by Judge Robert N. Scola, Jr. on 9/7/16. (ars)
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| Set/Reset Deadlines, Show Cause Response due by 9/12/2016. (lh) see Order DE# 56 |
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Filing 55
Order Granting Joint Motion for TRO Termination and Bond Disbursement granting #53 Motion for Bond. Signed by Judge Robert N. Scola, Jr on 8/24/2016. (lrz)
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Filing 54
PAPERLESS ORDER: The Court grants the parties' #52 Joint Notice of Settlement and Joint Motion for a Stay of All Proceedings and Pending Deadlines. All pending deadlines are stayed until September 1, 2016. Once the case is settled, dismissed, or otherwise resolved, the parties must promptly notify the Court. Signed by Judge Robert N. Scola, Jr. on 8/24/2016. (ars)
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| Filing 53 Joint MOTION for Bond TRO Termination and Bond Disbursement by Amy S. LEBOVITZ, Marc D. LEBOVITZ. Responses due by 8/29/2016 (Attachments: #1 Exhibit 1 - Letter to USDC SD FL Finance Dept.)(Wernick, Aviva) |
| Filing 52 NOTICE of Settlement Joint Notice of Settlement and Joint Motion for a Stay of all Proceedings and Pending Deadlines by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ (Wernick, Aviva) |
| Filing 51 MOTION in Limine and Memorandum of Law in Support by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC. (Schurr, Richard) |
| Filing 50 Defendant's MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM Defendants Motion to Dismiss Plaintiffs' Verified Complaint for Damages and Injunctive Relief for Failure to State a Cause of Action, to Decline Supplemental Jurisdiction on any Remaining State Law Claims, and Incorporated Memorandum of Law in Support Thereof by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC. Responses due by 8/12/2016 (Rafool, Raymond) |
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Filing 49
ORDER granting in part #43 Plaintiff's EMERGENCY MOTION. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/25/2016. (eno)
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| Filing 48 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 7/25/2016 re #43 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached filed by Marc D. LEBOVITZ, Adrian Bourke, Jose Rodrigues, Steven Rodrigues, Amy S. LEBOVITZ, ICW LLC. APPEARANCES: FOR THE PLAINTIFFS - AND NON PARTY DEPONENTS JOSE RODRIGUES, STEVEN RODRIGUES AND ADRIAN BOURKE - AVIVA WERNICK, ESQ.; FOR THE DEFENDANTS - RAYMOND RAFOOL, ESQ., RICHARD SCHURR, ESQ., CHRISTY HERTZ, ESQ. AND ANDREA LEHNER, ESQ. Order to follow. (Digital 13:22:08, 13:51:45.) (sl) |
| Filing 47 Clerks Notice to Filer re #45 Reply to Response to Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#46]. It is not necessary to refile this document. (lh) |
| Filing 46 MEMORANDUM of Law in Opposition re #43 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC. (lh)see DE#45 for image |
| Filing 45 REPLY to Response to Motion re #43 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached filed by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR.. (Attachments: #1 Exhibit Defendants' First Request for Production, #2 Exhibit Notice of Taking Deposition Duces Tecum, #3 Exhibit Email Chain Between Counsel Ending on 7.21.16, #4 Exhibit Email Chain Between Counsel from 7.18.16 to 7.19.16)(Rafool, Raymond) |
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Filing 44
PAPERLESS ORDER Setting Hearing on #43 Plaintiff's EMERGENCY MOTION for 7/25/2016 at 1:00 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/21/2016. (eno)
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| Filing 43 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ, Jose Rodrigues, Steven Rodrigues, Adrian Bourke. Responses due by 8/8/2016 (Attachments: #1 Certification of Emergency, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Wernick, Aviva) |
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Filing 42
Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters to Magistrate Judge Alicia M. Otazo- Reyes for Discovery Matters Signed by Judge Robert N. Scola, Jr on 7/19/2016. (lrz)
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| Filing 41 NOTICE to Take Deposition of Adrian Bourke by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC.(Rafool, Raymond) |
| Filing 40 NOTICE to Take Deposition of Steven Rodriguez by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC.(Rafool, Raymond) |
| Filing 39 NOTICE to Take Deposition of Jose Rodriguez, Jr. by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC.(Rafool, Raymond) |
| Filing 38 NOTICE to Take Deposition of Steven Rodriguez by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC.(Schurr, Richard) |
| Filing 37 NOTICE to Take Deposition of Jose Rodriguez by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC.(Schurr, Richard) |
| Filing 36 NOTICE to Take Deposition by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC.(Schurr, Richard) |
| Filing 35 NOTICE of Attorney Appearance by Aviva L. Wernick on behalf of ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. Attorney Aviva L. Wernick added to party ICW LLC(pty:pla), Attorney Aviva L. Wernick added to party Amy S. LEBOVITZ(pty:pla), Attorney Aviva L. Wernick added to party Marc D. LEBOVITZ(pty:pla). (Wernick, Aviva) |
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Filing 34
PAPERLESS ORDER: The Court grants #33 the Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint. The Defendants must respond by July 26, 2016. Signed by Judge Robert N. Scola, Jr. on 7/13/2016. (mmh)
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| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC. (Attachments: #1 Text of Proposed Order Order Granting Defendants Raquel Leal, Richard Leal, Kevin Leal, Robert Leal Jr., Roberto Leal, Varela Street Investments, LLC, And Superium Coffee Warehouse, LLC's Unopposed Motion for Extension of Time to Respond to the Complaint)(Rafool, Raymond) |
| Filing 32 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. VARELA STREET INVESTMENTS, LLC served on 7/5/2016, answer due 7/26/2016. (Rosenkoff, Matthew) |
| Filing 31 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. RICHARD LEAL served on 7/5/2016, answer due 7/26/2016. (Rosenkoff, Matthew) |
| Filing 30 Clerks Receipt for Tresury Registry Per Court Order #28 received on 7/8/2016 in the amount of $ 50,000.00, receipt number FLS100125227. (fbn) |
| Filing 29 NOTICE of Change of Address by Raymond J. Rafool, II (Rafool, Raymond) |
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Filing 28
ORDER granting in part and denying in part #19 Motion to Expedite and for Discovery; granting in part and denying in part #21 Motion to Continue and Motion for Bond. The hearing set for 7/7/16 is cancelled. Plaintiffs shall post security by 7/11/16. Permanent Injunction hearing is scheduled 9/16/16 at 9:00 a.m. Signed by Judge Robert N. Scola, Jr on 7/5/2016. (ps1)
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| Filing 27 NOTICE OF UNAVAILABILITY by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ for dates of July 17 - July 24 2016 (Rosenkoff, Matthew) |
| Filing 26 RESPONSE to Motion re #21 Defendant's MOTION to Continue Hearing Scheduled for July 7, 2016Defendant's MOTION for Bond filed by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. Replies due by 7/15/2016. (Attachments: #1 Fagundo Declaration)(Rosenkoff, Matthew) |
| Filing 25 Certificate of Interested Parties/Corporate Disclosure Statement by SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC (Hertz, Christy) |
| Filing 24 NOTICE OF UNAVAILABILITY by ICW LLC for dates of August 9, 2016 - August 19, 2016 (Hertz, Christy) |
| Filing 23 NOTICE of Attorney Appearance by Christy Lyn Hertz on behalf of ICW LLC. Attorney Christy Lyn Hertz added to party ICW LLC(pty:pla). (Hertz, Christy) |
| Set/Reset Deadlines/Hearings: Discovery due by 9/5/2016. Permanent Injunction Hearing set for 9/16/2016 09:00 AM in Miami Division before Judge Robert N. Scola Jr. (ps1) |
| Filing 22 NOTICE of Attorney Appearance by Raymond J. Rafool, II on behalf of KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC. Attorney Raymond J. Rafool, II added to party KEVIN LEAL(pty:dft), Attorney Raymond J. Rafool, II added to party RAQUEL LEAL(pty:dft), Attorney Raymond J. Rafool, II added to party RICHARD LEAL(pty:dft), Attorney Raymond J. Rafool, II added to party ROBERTO LEAL(pty:dft), Attorney Raymond J. Rafool, II added to party ROBERT LEAL JR.(pty:dft), Attorney Raymond J. Rafool, II added to party SUPERIUM COFFEE WAREHOUSE, LLC(pty:dft), Attorney Raymond J. Rafool, II added to party VARELA STREET INVESTMENTS, LLC(pty:dft). (Rafool, Raymond) |
| Filing 21 Defendant's MOTION to Continue Hearing Scheduled for July 7, 2016, Defendant's MOTION for Bond by KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC. Responses due by 7/18/2016 (Attachments: #1 Affidavit Affidavit of Kevin Leal, #2 Order Granting Defendants' Motion for Continuance of Hearing and to Extend Temporary Restraining Order Dated June 27, 2016 and Supporting Affidavit Pursuant to Local Rule 7.6)(Schurr, Richard) |
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Filing 20
PAPERLESS ORDER: By 3:00 P.M. on July 5, 2016, the Court orders the parties to file their responses to the #19 Plaintiffs' Motion for Expedited Discovery and to the motion that the Defendants have represented that they will file today. Signed by Judge Robert N. Scola, Jr. on 7/1/2016. (mmh)
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| Filing 19 Plaintiff's MOTION to Expedite Discovery, Plaintiff's MOTION for Discovery Expedited ( Responses due by 7/18/2016) by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. (Attachments: #1 Text of Proposed Order)(Rosenkoff, Matthew) |
| Filing 18 NOTICE OF UNAVAILABILITY by RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC for dates of July 13-15, August 9, August 16-20, October 17-19, 2016 (Schurr, Richard) |
| Filing 17 NOTICE of Attorney Appearance by Richard Alyn Schurr on behalf of KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC. Attorney Richard Alyn Schurr added to party KEVIN LEAL(pty:dft), Attorney Richard Alyn Schurr added to party RAQUEL LEAL(pty:dft), Attorney Richard Alyn Schurr added to party RICHARD LEAL(pty:dft), Attorney Richard Alyn Schurr added to party ROBERTO LEAL(pty:dft), Attorney Richard Alyn Schurr added to party ROBERT LEAL JR.(pty:dft), Attorney Richard Alyn Schurr added to party SUPERIUM COFFEE WAREHOUSE, LLC(pty:dft), Attorney Richard Alyn Schurr added to party VARELA STREET INVESTMENTS, LLC(pty:dft). (Schurr, Richard) |
| Filing 16 CERTIFICATE OF SERVICE by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ re #15 Order on Motion for Temporary Restraining Order (Rosenkoff, Matthew) |
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Filing 15
Temporary Restraining Order granting #7 Motion for Temporary Restraining Order. Miscellaneous Hearing set for 7/7/2016 09:00 AM in Miami Division before Judge Robert N. Scola Jr.. Signed by Judge Robert N. Scola, Jr on 6/27/2016. (lrz)
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Filing 14
Order Granting Motion To Appear Pro Hac Vice granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Glianny Fagundo. Signed by Judge Robert N. Scola, Jr on 6/21/2016. (lrz)
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| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. SUPERIUM COFFEE WAREHOUSE, LLC served on 6/22/2016, answer due 7/13/2016. (Rosenkoff, Matthew) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. RAQUEL LEAL served on 6/22/2016, answer due 7/13/2016. (Rosenkoff, Matthew) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. ROBERT LEAL JR. served on 6/22/2016, answer due 7/13/2016. (Rosenkoff, Matthew) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. ROBERTO LEAL served on 6/22/2016, answer due 7/13/2016. (Rosenkoff, Matthew) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. KEVIN LEAL served on 6/22/2016, answer due 7/13/2016. (Rosenkoff, Matthew) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Glianny Fagundo. Filing Fee $ 75.00 Receipt # 113C-8844606 by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. Responses due by 7/8/2016 (Rosenkoff, Matthew) |
| Filing 7 MOTION for Temporary Restraining Order by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. Responses due by 7/8/2016 (Rosenkoff, Matthew) |
| Filing 6 NOTICE OF UNAVAILABILITY by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ for dates of the evening of June 21, 2016 through and including July 6, 2016 (Rosenkoff, Matthew) |
| Filing 5 Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ (Rosenkoff, Matthew) |
| Filing 4 Summons Issued as to All Defendants. (lrz) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (lrz) |
| Filing 2 Judge Assignment to Judge Robert N. Scola, Jr (lrz) |
| Filing 1 COMPLAINT for Damages and Injunctive Relief against KEVIN LEAL, RAQUEL LEAL, RICHARD LEAL, ROBERTO LEAL, ROBERT LEAL JR., SUPERIUM COFFEE WAREHOUSE, LLC, VARELA STREET INVESTMENTS, LLC. Filing fees $ 400.00 receipt number 113C-8843923, filed by ICW LLC, Amy S. LEBOVITZ, Marc D. LEBOVITZ. (Attachments: #1 Exhibit 1 to Complaint - Asset Purchase Agreement, #2 Exhibit 2 to Complaint - ICW LLC Agreement, #3 Exhibit 3 to Complaint - Superium Articles of Incorporation, #4 Plaintiffs' Motion for Temporary Injunctive Relief, #5 Summon(s) Kevin Leal, #6 Summon(s) Raquel Leal, #7 Summon(s) Richard Leal, #8 Summon(s) Robert Leal Jr, #9 Summon(s) Roberto Leal, #10 Summon(s) Superium, #11 Summon(s) Varela Street Investments, #12 Corporate Disclosure Statement, #13 Notice of Unavailability, #14 Civil Cover Sheet)(Rosenkoff, Matthew) |
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