JAWS PODIATRY, INC. et al v. Garcia et al
| JAWS PODIATRY, INC. and ABRAHAM WAGNER, DPM |
| Cesar Manuel Garcia, Abiel Cartaya Delgado, Alain Cartaya Delgado, Leticia Delgado Batista, Daryl Ramirez, Diony Ramirez, A&D Creative Marketing LLC, Luxe Foot Surgery Corp, Raymond Lopez, DPM, Raymond Lopez, DPM, P.A., Cesar Manuel Garcia Navas and Cesar Garcia |
| 1:2022cv22482 |
| August 5, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Plaintiff |
Docket Report
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| Filing 36 Defendant's MOTION to Dismiss with Prejudice #27 Amended Complaint/Amended Notice of Removal, by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. Responses due by 10/14/2022 (Teal, Kyle) |
| Filing 35 NOTICE OF WITHDRAWAL OF MOTION by Raymond Lopez, DPM, Raymond Lopez, DPM, P.A. re #32 MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Raymond Lopez, DPM, Raymond Lopez, DPM, P.A. (Teal, Kyle) |
| Set/Reset Response/Answer Due Deadline: A&D Creative Marketing LLC response/answer due 9/30/2022; Leticia Delgado Batista response/answer due 9/30/2022; Abiel Cartaya Delgado response/answer due 9/30/2022; Alain Cartaya Delgado response/answer due 9/30/2022; Cesar Manuel Garcia Navas response/answer due 9/30/2022; Raymond Lopez, DPM response/answer due 9/30/2022; Luxe Foot Surgery Corp response/answer due 9/30/2022; Daryl Ramirez response/answer due 9/30/2022; Diony Ramirez response/answer due 9/30/2022; Raymond Lopez, DPM, P.A. response/answer due 9/30/2022. Per DE 33 Order. (ebz) |
Filing 34
ORDER granting in part and denying in part #30 Motion for Preliminary Injunction, entering Preliminary Injunction. Signed by Judge K. Michael Moore on 9/24/2022. See attached document for full details. (fpi)
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Filing 33
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time Respond to the Amended Complaint. #31 . Therein, Defendants request a seven (7) day extension of time to respond to Plaintiff's Amended Complaint, #8 , because since the Parties' preliminary injunction hearing the Defendants have focused on ironing out an agreed-upon preliminary injunction and waiting for the Plaintiff to file another amended complaint as requested by the Court at that hearing. See #31 at 12. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #31 is GRANTED. Defendants shall file their response to Plaintiff's Amended Complaint #8 on or before September 30, 2022. Signed by Judge K. Michael Moore on 9/24/2022. (fpi)
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| Filing 32 MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Raymond Lopez, DPM, Raymond Lopez, DPM, P.A.. Responses due by 10/7/2022 (Teal, Kyle) |
| Filing 31 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. (Teal, Kyle) |
| Filing 30 Joint MOTION for Preliminary Injunction by JAWS PODIATRY, INC.. (Attachments: #1 Text of Proposed Order)(Grant, Joey) |
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Filing 29
PAPERLESS ORDER EXTENDING MODIFIED TEMPORARY RESTRAINING ORDER. THIS CAUSE came before the Court upon the Parties' hearing regarding Plaintiffs' motion for the entry of a preliminary injunction on September 7, 2022. See (ECF No. 28). At that hearing, the parties discussed the possibility of extending the existing Temporary Restraining Order ("TRO"), which is currently set to expire on September 15, 2022. See #13 , #25 . Rule 65(b)(2) of the Federal Rules of Civil Procedure governs the duration of time that a temporary restraining order may last before expiration. Fed. R. Civ. P. 65(b)(2). The Rule provides that a TRO is not to exceed 14 days "unless... the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record." Id. The Court has already extended the TRO at issue in this matter for a period of fourteen (14) days. See #25 . Thus, the Court may only extend the TRO if "the adverse party consents." Fed. R. Civ. P. 65(b)(2). At the Court's hearing on September 7, 2022, Defendants did so consent to an extension for seven (7) days. Defendants requested clarification specifying that the TRO contained (a) no travel restrictions; (b) no restriction on Defendant Lopez's use of his financial accounts to treat his patients; and (c) no restrictions on Lopez's ability to use procedures he learned in medical school to treat his patients. Plaintiffs agreed to those clarifications without objection. Accordingly, it is ORDERED AND ADJUDGED that the Court's Temporary Restraining Order as modified on September 1, 2022 #25 , is extended by seven (7) days until September 22, 2022, to the extent that the Order (a) does not restrict Defendants' travel; (b) does not restrict Defendant Lopez's use of his financial accounts to treat his patients; and (c) does not restrict Defendant Lopez's ability to use procedures he learned in medical school to treat his patients. Signed by Judge K. Michael Moore on 9/7/2022. (fpi)
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| Filing 28 PAPERLESS Minute Entry for Preliminary Injunction proceedings held before Judge K. Michael Moore held on 9/7/2022. Total time in court: 50 minutes. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (fpi) |
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of its Amended Complaint. #27 . The Amended Complaint moots Defendant's Motion to Dismiss. #17 . Accordingly, UPON CONSIDERATION of the Amended Complaint #27 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants Motion to Dismiss #17 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 9/7/2022. (fpi)
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| Filing 27 AMENDED COMPLAINT against A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A., filed by JAWS PODIATRY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration, #5 Declaration)(Grant, Joey) |
| Filing 26 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Raymond Lopez, DPM, P.A. (Teal, Kyle) |
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Filing 25
EXTENSION OF MODIFIED TEMPORARY RESTRAINING ORDER. Preliminary Injunction hearing scheduled for Wednesday, September 7, 2022, at 11:00 A.M. Signed by Judge K. Michael Moore on 9/1/2022. See attached document for full details. (fpi)
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| PAPERLESS NOTICE SCHEDULING PRELIMINARY INJUNCTION HEARING. A Preliminary Injunction Hearing is now set for Wednesday, September 7, 2022 at 11:00 A.M. before U.S. District Judge K. Michael Moore, United States Courthouse, Courtroom 13-1 (thirteenth floor), 400 North Miami Avenue, Miami, Florida. All Parties shall appear in person. Signed by Judge K. Michael Moore on 9/1/2022. (fpi) |
| Filing 24 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Augusto Perera re #22 Notice of Change of Address, Email or Law Firm Name. Attorney Augusto Perera has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 23 Defendant's REPLY to Response to Motion re #9 Corrected MOTION for Temporary Restraining Order and Plaintiffs' Motion to Extend TRO filed by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Teal, Kyle) |
| Filing 22 NOTICE of Change of Address, Email or Law Firm Name by Augusto Perera (Perera, Augusto) |
| Filing 21 RESPONSE to #16 Response to Motion,,,, by JAWS PODIATRY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Affidavit Declaration of Jennifer Wagner)(Grant, Joey) |
| Set/Reset Deadlines/Hearings as to #17 MOTION to Dismiss #8 Amended Complaint/Amended Notice of Removal . Per DE 19 Order. Responses due by 8/29/2022 Replies due by 8/31/2022. (ebz) |
| Filing 20 NOTICE of Attorney Appearance by Augusto Perera on behalf of A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. Attorney Augusto Perera added to party A&D Creative Marketing LLC(pty:dft), Attorney Augusto Perera added to party Leticia Delgado Batista(pty:dft), Attorney Augusto Perera added to party Abiel Cartaya Delgado(pty:dft), Attorney Augusto Perera added to party Alain Cartaya Delgado(pty:dft), Attorney Augusto Perera added to party Cesar Manuel Garcia Navas(pty:dft), Attorney Augusto Perera added to party Luxe Foot Surgery Corp(pty:dft), Attorney Augusto Perera added to party Daryl Ramirez(pty:dft), Attorney Augusto Perera added to party Diony Ramirez(pty:dft). (Perera, Augusto) |
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Filing 19
PAPERLESS ORDER SETTING BRIEFING SCHEDULE ON MOTION TO DISSOLVE EX PARTE TRO. THIS CAUSE came before the Court upon a sua sponte review of the record. On August 23, 2022, Defendants filed a Motion to Dissolve #16 the ex parte temporary restraining order entered by this Court on August 18, 2022. See #13 . Given the restrictions imposed by the TRO and its impending expiration (currently set for September 1, 2022), the Court finds an expedited briefing schedule to be appropriate. Accordingly, UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties shall comply with the following expedited briefing schedule: Plaintiffs' response to the Motion to Dissolve #16 shall be due on or before close of business (5:00pm) on Monday, August 29, 2022. Defendants may file a reply, if they so choose, by 12:00pm on Wednesday, August 31, 2022. To the extent that Defendants do not intend to reply, they should notify the Court immediately. Signed by Judge K. Michael Moore on 8/26/2022. (fpi)
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| Filing 18 NOTICE of Attorney Appearance by Kyle Brandon Teal on behalf of Raymond Lopez, DPM, Raymond Lopez, DPM, P.A.. Attorney Kyle Brandon Teal added to party Raymond Lopez, DPM(pty:dft), Attorney Kyle Brandon Teal added to party Raymond Lopez, DPM, P.A.(pty:dft). (Teal, Kyle) |
| Filing 17 MOTION to Dismiss #8 Amended Complaint/Amended Notice of Removal by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. Responses due by 9/6/2022 (Leyton, Daniel) |
| Filing 16 RESPONSE to Motion re #6 MOTION for Temporary Restraining Order filed by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. Attorney Daniel Loren Leyton added to party A&D Creative Marketing LLC(pty:dft), Attorney Daniel Loren Leyton added to party Leticia Delgado Batista(pty:dft), Attorney Daniel Loren Leyton added to party Abiel Cartaya Delgado(pty:dft), Attorney Daniel Loren Leyton added to party Alain Cartaya Delgado(pty:dft), Attorney Daniel Loren Leyton added to party Cesar Manuel Garcia Navas(pty:dft), Attorney Daniel Loren Leyton added to party Luxe Foot Surgery Corp(pty:dft), Attorney Daniel Loren Leyton added to party Daryl Ramirez(pty:dft), Attorney Daniel Loren Leyton added to party Diony Ramirez(pty:dft). Replies due by 8/30/2022. (Attachments: #1 Exhibit Declaration of Abiel Cartaya Delgado, #2 Exhibit Declaration of Cesar Manuel Garcia Navas, #3 Exhibit AHCA Final Order, #4 Exhibit CopyScape)(Leyton, Daniel) |
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Filing 15
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 8/19/2022. (tgr)
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Filing 14
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 8/19/2022. (tgr)
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Filing 13
ORDER granting #9 Motion for Temporary Restraining Order. Signed by Judge K. Michael Moore on 8/18/2022. See attached document for full details. (tgr)
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Gordon #11 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #11 is GRANTED. Jennifer L. Gordon may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: jgordon@loriumlaw.com. Signed by Judge K. Michael Moore on 8/11/2022. (fpi)
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| Filing 11 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Gordon, Esquire. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #7 Motion to Appear Pro Hac Vice, by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. Responses due by 8/24/2022 (Attachments: #1 Text of Proposed Order)(Grant, Joey) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Gordon #7 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #7 is DENIED WITHOUT PREJUDICE because the Motion states that the Pro Hac Vice attorney is appearing as co-counsel on behalf of a Plaintiff, Cloud Conductor LLC, who is not a party to the case. Local counsel is instructed to file an updated pro hac vice motion that complies with the Local Rules. Signed by Judge K. Michael Moore on 8/10/2022. (fpi)
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| Filing 9 Corrected MOTION for Temporary Restraining Order by JAWS PODIATRY, INC.. Responses due by 8/23/2022 (Attachments: #1 Declaration of Dr. Abraham Wagner, #2 Text of Proposed Order)(Grant, Joey) |
| Filing 8 Corrected AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Declaration of Dr. Abraham Wagner)(Grant, Joey) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Gordon, Esquire. Filing Fee $ 200.00 Receipt # AFLSDC-15854588 by JAWS PODIATRY, INC.. Responses due by 8/23/2022 (Attachments: #1 Text of Proposed Order)(Grant, Joey) |
| Filing 6 MOTION for Temporary Restraining Order by JAWS PODIATRY, INC.. Responses due by 8/22/2022 (Attachments: #1 Text of Proposed Order)(Grant, Joey) |
| Filing 5 Bar Letter re: Admissions sent to attorney Jennifer L. Gordon, mailing date August 8, 2022, (pt) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint & Exhibits) (nan) |
| Filing 3 Summons Issued as to A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (nan) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15850085, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Summon(s), #12 Summon(s), #13 Summon(s), #14 Summon(s))(Grant, Joey) |
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