Restivo v. Pennachio et al

Restivo v. Pennachio et al

Plaintiff:	Joseph Restivo
Defendant:	Charles Pennachio, Ezequiel Ledesma, Klass-EX LLC and Restored' Dreams, LLC
Case Number:	1:2021cv23388
Filed:	September 21, 2021
Court:	US District Court for the Southern District of Florida
Presiding Judge:	Jacqueline Becerra
Referring Judge:	Jose E Martinez
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 17, 2021	Filing 52 ORDER SETTING: ( Jury Trial set for 11/21/2022 09:30 AM before Judge Jose E. Martinez., Calendar Call set for 11/17/2022 01:30 PM before Judge Jose E. Martinez.) ORDER REFERRING CASE to Magistrate Judge Judge Becerra for Discovery. ORDER REQUIRING MEDIATION. Signed by Judge Jose E. Martinez on 11/17/2021. See attached document for full details. (pc) #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.
November 17, 2021	Filing 51 PAPERLESS ORDER denying as moot #47 Motion for Leave to File ; denying as moot #48 Motion for Leave to File. Signed by Judge Jose E. Martinez on 11/17/2021. (cvl)
November 17, 2021	Filing 50 ORDER adopting #43 Report and Recommendation; denying #26 Plaintiff Joseph Restivo's Amended Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction. Signed by Judge Jose E. Martinez on 11/17/2021. See attached document for full details. (cvl)
November 17, 2021	Filing 49 PAPERLESS ORDER denying as moot #7 Motion for Preliminary Injunction in light of #26 Amended Motion. Signed by Judge Jose E. Martinez on 11/17/2021. (cvl)
November 11, 2021	Filing 48 Amended MOTION for Leave to File a Reply in Support of Objections to Magistrate Judge's Report and Recommendations by Joseph Restivo. (Attachments: #1 Reply in Support of Objections to Report and Recommendations)(Hyland, Amanda)
November 10, 2021	Filing 47 MOTION for Leave to File a Reply in Support of Objections to Magistrate Judge's Report and Recommendations by Joseph Restivo. (Attachments: #1 Reply in Support of Objections to Report and Recommendations)(Hyland, Amanda)
November 10, 2021	Filing 46 RESPONSE TO OBJECTION to #43 Report and Recommendations by Charles Pennachio. (Friedland, David)
November 8, 2021	Filing 45 OBJECTIONS to #43 Report and Recommendations by Joseph Restivo. (Hyland, Amanda)
November 5, 2021	Filing 44 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #42 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Brent M. Radcliff. Signed by Judge Jose E. Martinez on 11/4/2021. See attached document for full details. (pcs)
November 5, 2021	Filing 43 REPORT AND RECOMMENDATION on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. ECF Nos. #7 , #26 . Objections to R&R due by 11/8/2021. Signed by Magistrate Judge Jacqueline Becerra on 11/5/2021. See attached document for full details. (hgz)
November 3, 2021	Filing 42 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brent M. Radcliff. Filing Fee $ 200.00 Receipt # AFLSDC-15144694 by Joseph Restivo. Responses due by 11/17/2021 (Hyland, Amanda)
November 2, 2021	Filing 41 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Zoom Evidentiary Hearing held on 11/2/2021. Court to enter a report and recommendation. Attorney Appearance(s): Hillel I. Parness, David Kenneth Friedland, Brent M. Radcliff, Amanda Groover Hyland, Other appearances: Parties for both sides were present. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Total time in court: 2 hour(s) : 4 minutes. (dgj)
November 1, 2021	Filing 40 RESPONSE in Support re #26 Amended MOTION for Temporary Restraining Order ex parte as to Charles Pennachio filed by Joseph Restivo. (Attachments: #1 Declaration of Amanda G. Hyland, #2 Exhibit A to Reply, #3 Exhibit B to Reply, #4 Exhibit C to Reply, #5 Exhibit D to Reply, #6 Exhibit E to Reply)(Hyland, Amanda)
October 29, 2021	Filing 39 RESPONSE in Opposition re #26 Amended MOTION for Temporary Restraining Order ex parte as to Charles Pennachio filed by Charles Pennachio. Replies due by 11/5/2021. (Attachments: #1 Affidavit of Charles Pennachio, #2 Exhibit A to Declaration of Charles Pennachio, #3 Exhibit B to Declaration of Charles Pennachio, #4 Exhibit C to Declaration of Charles Pennachio, #5 Exhibit D to Declaration of Charles Pennachio, #6 Exhibit E to Declaration of Charles Pennachio, #7 Exhibit F to Declaration of Charles Pennachio, #8 Exhibit G to Declaration of Charles Pennachio, #9 Exhibit H to Declaration of Charles Pennachio, #10 Exhibit I to Declaration of Charles Pennachio, #11 Affidavit of Tolga Katas, #12 Affidavit of Steven J. Romanello)(Friedland, David)
October 28, 2021	Filing 38 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE granting #34 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Hillel I. Parness. Signed by Judge Jose E. Martinez on 10/28/2021. See attached document for full details. (pcs)
October 27, 2021	Filing 37 ORDER granting Consent Motion for Recess During Hearing. ECF No. #36 . Signed by Magistrate Judge Jacqueline Becerra on 10/27/2021. See attached document for full details. (hgz)
October 27, 2021	Filing 36 Consent MOTION for Recess During Hearing re 32 Order Setting Hearing on Motion,, by Joseph Restivo. (Attachments: #1 Text of Proposed Order)(Hyland, Amanda)
October 27, 2021	Filing 35 PAPERLESS ORDER denying as moot #33 Amended Motion to Appear Pro Hac Vice in light of #34 Second Amended Motion to Appear Pro Hac Vice. Signed by Judge Jose E. Martinez on 10/27/2021. (cvl)
October 27, 2021	Filing 34 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hillel Parness. (Second Amended) Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #29 Motion to Appear Pro Hac Vice, by Charles Pennachio. Responses due by 11/10/2021 (Attachments: #1 Certification of Hillel Parness, #2 Text of Proposed Order)(Friedland, David)
October 27, 2021	Filing 33 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hillel Parness. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #29 Motion to Appear Pro Hac Vice, by Charles Pennachio. Responses due by 11/10/2021 (Attachments: #1 Certification of Hillel Parness, #2 Text of Proposed Order)(Friedland, David)
October 26, 2021	Filing 32 PAPERLESS ORDER. This cause came before the Court on Plaintiff's Amended Ex-Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction, ECF No. #26 . For the reasons stated at the hearing, the Court ORDERED that Oppositions to the Application are due no later than noon on Friday, October 29, 2021. Plaintiff shall have until noon on Monday, November 1, 2021 to file a Reply. This matter is set for a Zoom evidentiary hearing on Tuesday, November 2, 2021 at 10:00 A.M. The Zoom information for the evidentiary hearing is as follows: meeting ID: 161 976 9803; passcode: 032949; dial by location +1 646 828 7666. Signed by Magistrate Judge Jacqueline Becerra on 10/26/2021. (hgz)
October 26, 2021	Filing 31 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Zoom Evidentiary Hearing held on 10/26/2021. Order to follow. Attorney Appearance(s): Hillel I. Parness, David Kenneth Friedland, Brent M. Radcliff, Amanda Groover Hyland, Other appearances: Plaintiff present by Zoom. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. Total time in court: 35 minutes. (dgj)
October 26, 2021	Filing 30 ORDER denying without prejudice #29 Motion for Hillel I. Parness to appear pro hac vice. Signed by Judge Jose E. Martinez on 10/26/2021. See attached document for full details. (cvl)
October 25, 2021	Filing 29 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hillel I. Parness. Filing Fee $ 200.00 Receipt # AFLSDC-15120135 by Charles Pennachio. Responses due by 11/8/2021 (Attachments: #1 Certification of Hillel I. Parness, #2 Text of Proposed Order)(Friedland, David)
October 25, 2021	Filing 28 RESPONSE in Opposition re #26 Amended MOTION for Temporary Restraining Order ex parte as to Charles Pennachio filed by Charles Pennachio. Attorney David Kenneth Friedland added to party Charles Pennachio(pty:dft). Replies due by 11/1/2021. (Attachments: #1 Affidavit of Hillel I. Parness)(Friedland, David)
October 22, 2021	Filing 27 ACKNOWLEDGMENT OF SERVICE as to #17 Ex Parte Document, #15 Order on Emergency Motion with Certification of Emergency, #18 Notice of Filing Proposed Summons(es), #16 Amended Complaint/Amended Notice of Removal, #14 EMERGENCY MOTION with Certification of Emergency included for Leave to File Second Amended Complaint filed by Joseph Restivo. (Hyland, Amanda)
October 21, 2021	Filing 26 Amended MOTION for Temporary Restraining Order ex parte as to Charles Pennachio by Joseph Restivo. Responses due by 11/4/2021 (Attachments: #1 Affidavit rule 65 Declaration of Amanda Hyland, #2 Exhibit Exhibit A - Pennachio Notice of Opposition with Address, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Text of Proposed Order Text of Proposed Order)(Hyland, Amanda)
October 18, 2021	Filing 25 ORDER Memorializing October 18, 2021 Hearing. Signed by Magistrate Judge Jacqueline Becerra on 10/18/2021. See attached document for full details. (hgz)
October 18, 2021	Filing 24 Clerks Notice of Docket Correction re 21 Minutes, 20 Sealed Order, 22 Order to Unseal, #17 Ex Parte Document and Set/Reset Sealed Deadlines/Hearings. Docket Text Modified by Clerk pursuant to DE#22. (dgj)
October 18, 2021	Filing 23 CLERK'S NOTICE OF COMPLIANCE re 22 Order to Unseal (dgj)
October 18, 2021	Filing 22 PAPERLESS Order to Unseal re #17 Ex Parte Document Plaintiff's Application for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law In Support and DE#20 PAPERLESS Order Setting Sealed Telephonic Status. Signed by Magistrate Judge Jacqueline Becerra on 10/18/2021. (dgj) Modified text on 10/18/2021 (dgj).
October 18, 2021	Filing 21 PAPERLESS Minute Order for proceedings held before Magistrate Judge Jacqueline Becerra: Telephonic Status Conference re Ex Parte Document Plaintiff's Application for Entry of Temporary Restraining Order and Preliminary Injunction held on 10/18/2021. Court grants Plaintiff's ore tenus Motion to Unseal DE#17. Court orders that the minutes of this hearing and DE#20 PAPERLESS Order Setting Sealed Telephonic Status are unsealed. Paperless order unsealing DE#17 to follow. Attorney Appearance(s): Amanda Groover Hyland, (Digital 09:59:51) Total time in court: 20 minutes.(dgj) Modified text on 10/18/2021 (dgj).
October 18, 2021	Filing 19 Summons Issued as to Restored' Dreams, LLC. (pcs)
October 18, 2021	Zoom Evidentiary Hearing set for 10/26/2021 at 10:00 AM. (hgz)
October 15, 2021	Filing 20 PAPERLESS Order Setting Sealed Telephonic Status re DE#17 Sealed Ex Parte Document Plaintiff's Application for Entry of Temporary Restraining Order and Preliminary Injunction on Monday 10/18/2021 at 10am. The telephone number for the hearing is 1-866-390-1828 and the access code number is 2046890 followed by the # sign. Signed by Magistrate Judge Jacqueline Becerra on 10/15/2021. (dgj) Modified on 10/18/2021 (dgj).
October 15, 2021	Set/Reset Sealed Deadlines/Hearings : Sealed Telephonic Status Conference set for 10/18/2021 10:00 AM before Magistrate Judge Jacqueline Becerra. (dgj) Modified on 10/18/2021 (dgj).
October 15, 2021	Filing 18 NOTICE of Filing Proposed Summons(es) regarding Restored' Dreams, LLC by Joseph Restivo (Hyland, Amanda)
October 15, 2021	Filing 17 Ex Parte Document Plaintiff's Application for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law In Support by Joseph Restivo. (Attachments: #1 Text of Proposed Order Proposed Order) (Hyland, Amanda) Modified on 10/18/2021 (dgj).
October 15, 2021	Filing 16 Second AMENDED COMPLAINT against Charles Pennachio, Restored' Dreams, LLC, filed by Joseph Restivo. (Attachments: #1 Affidavit Verification, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F)(Hyland, Amanda)
October 14, 2021	Filing 15 ORDER granting #14 Plaintiffs Emergency Motion for Leave to File Second Amended Complaint. Amended Complaint due by 10/15/2021. Signed by Judge Jose E. Martinez on 10/14/2021. See attached document for full details. (drz)
October 13, 2021	Filing 14 EMERGENCY MOTION with Certification of Emergency included for Leave to File Second Amended Complaint by Joseph Restivo. Responses due by 10/27/2021 (Attachments: #1 [Proposed] Second Amended Complaint, #2 Text of Proposed Order, #3 Declaration of Amanda G. Hyland, #4 Exhibit A to Hyland Dec. - Contract, #5 Exhibit B to Hyland Dec. - Process server notes, #6 Exhibit C to Hyland Dec. - Instagram, #7 Exhibit D to Hyland Dec. - Parness notice of appearance, #8 Exhibit E to Hyland Dec. - Emails with Parness)(Hyland, Amanda)
October 13, 2021	Filing 13 ORDER STRIKING SECOND AMENDED COMPLAINT. Signed by Judge Jose E. Martinez on 10/13/2021. See attached document for full details. (lbc)
October 12, 2021	Filing 12 Summons Issued as to Restored' Dreams, LLC. (kpe)
October 12, 2021	Filing 11 NOTICE of Filing Proposed Summons(es) as to Restored' Dreams, LLC by Joseph Restivo (Hyland, Amanda)
October 12, 2021	Filing 10 STRICKEN PER DE #13 Second AMENDED COMPLAINT against Charles Pennachio, Restored' Dreams, LLC, filed by Joseph Restivo. (Attachments: #1 Exhibit A to Second Amended Complaint, #2 Exhibit B to Second Amended Complaint, #3 Exhibit C to Second Amended Complaint, #4 Exhibit D to Second Amended Complaint, #5 Exhibit E to Second Amended Complaint, #6 Exhibit F to Second Amended Complaint)(Hyland, Amanda) Modified on 10/13/2021 (lbc).
September 27, 2021	Filing 9 PAPERLESS ORDER SETTING BRIEFING SCHEDULE. Defendants shall file a Response to Plaintiff's Motion for Preliminary Injunction, ECF No. #7 , within seven days of Service in this matter. Plaintiff will be permitted to file a Reply no later than three days after Defendants' Response is filed. Defendants shall include in their Response whether they believe an evidentiary hearing is necessary, and Plaintiff shall do the same as part of its Reply. If Plaintiff chooses not to file a Reply, its statement with respect to an evidentiary hearing shall be filed within three days of Defendants' Response. Signed by Magistrate Judge Jacqueline Becerra on 9/27/2021. (hgz)
September 24, 2021	Filing 8 ORDER OF REFERENCE TO MAGISTRATE JUDGE, referring #7 MOTION for Preliminary Injunction and Memorandum of Law in Support filed by Joseph Restivo. Motions referred to Judge Jacqueline Becerra. Signed by Judge Jose E. Martinez on 9/24/2021. See attached document for full details. (pcs)
September 24, 2021	Filing 7 MOTION for Preliminary Injunction and Memorandum of Law in Support by Joseph Restivo. (Hyland, Amanda)
September 24, 2021	Filing 6 AMENDED COMPLAINT against Ezequiel Ledesma, Charles Pennachio, filed by Joseph Restivo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hyland, Amanda)
September 22, 2021	Filing 5 Bar Letter re: Admissions sent to attorney Brent M. Radcliff, mailing date September 22, 2021, (pt)
September 21, 2021	Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (pcs)
September 21, 2021	Filing 3 Summons Issued as to Klass-EX LLC, Ezequiel Ledesma, Charles Pennachio. (pcs)
September 21, 2021	Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs)
September 21, 2021	Filing 1 COMPLAINT (Verified) against Klass-EX LLC, Ezequiel Ledesma, Charles Pennachio. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-15031330, payment transferred from : 1:21-cv-23387, filed by Joseph Restivo. (Attachments: #1 Exhibit A-F to Complaint, #2 Civil Cover Sheet, #3 Summon(s) as to Charles Pennachio, #4 Summon(s) as to Ezequiel Ledesma, #5 Summon(s) as to Klass-EX LLC)(Hyland, Amanda)

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Search for this case: Restivo v. Pennachio et al
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Plaintiff: Joseph Restivo
Represented By:	Amanda Groover Hyland
Represented By:	Brent M. Radcliff
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Defendant: Charles Pennachio
Represented By:	David Kenneth Friedland
Represented By:	Hillel I. Parness
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Defendant: Ezequiel Ledesma
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Defendant: Klass-EX LLC
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Defendant: Restored' Dreams, LLC
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