Top Tracking System LLC v. Castellanos et al
| Top Tracking System LLC, KVC Estates IV LLC and Carlos A. Herrera |
| Maria V Castellanos, Carlos H Herrera, Karla Herrera, Logit LLC, Patriot ELD, LLC, Pedro Figueredo Lopez, Alejandro Rubinos and Luis Ravelo |
| 1:2023cv24891 |
| December 26, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| Rodolfo A Ruiz |
| Trademark |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 67 Clerk's Notice to Filer re #66 Response in Opposition to Motion,. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (drz) |
| Filing 66 RESPONSE in Opposition re #64 SUPPLEMENT to 60 Motion Hearing,Minute Order filed by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC. Replies due by 2/28/2024. (Ferreiro, Francisco) Modified on 2/22/2024 (drz). |
| Filing 65 MOTION TO DISMISS #9 ANSWER to Complaint (Notice of Removal),,, Counterclaim,, FOR FAILURE TO STATE A CLAIM by Top Tracking System LLC. Attorney Grant Stanton Smith added to party Top Tracking System LLC(pty:cd). Responses due by 3/1/2024. (Smith, Grant) |
| Filing 64 SUPPLEMENT to 60 Motion Hearing,,,,,,, Minute Order,,,,,, by Top Tracking System LLC (Smith, Grant) |
| Filing 63 TRANSCRIPT of evidentiary hearing held on 2-13-2024 before Magistrate Judge Lauren Fleischer Louis, 1-213 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/8/2024. Redacted Transcript Deadline set for 3/18/2024. Release of Transcript Restriction set for 5/16/2024. (dwh) |
| Filing 62 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorney's PACER account for attorney Francisco Ferreiro re #59 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 61 CLERK'S NOTICE - Attorney Admissions has not updated address information for attorney Francisco Ferreiro re #59 Notice of Change of Address, Email or Law Firm Name. When Attorney submitted his address change through his PACER Account, he selected the option to apply his address change to "NONE" of his cases. If Attorney wants to update his address in pending cases, Attorney must return to his PACER account and select the correct option to update his cases. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 59 NOTICE of Change of Address, Email or Law Firm Name by Francisco Ferreiro (Attachments: #1 Exhibit Address on Record with Pacer) (Ferreiro, Francisco) |
Filing 60
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Evidentiary Motion Hearing held on 2/13/2024 re #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants. Witnesses: Pedro Figueredo, Renato C. Ribeiro, Julio Pino, Jeffrey Giordano and Carlos Herrera testified. Plaintiff's exhibits V, II, O, B, H, VV, D, Y, J, I, JJ.1, LL admitted. MINUTE ORDER: The Parties' shall submit supplemental briefing, of no more than ten (10) pages, on the issue of governance of the limited liability company at issue. The Parties' briefs should be based on the facts in the record and evidence developed at the evidentiary hearing, and advance relevant authorities supporting their respective positions on the LLC's status as member-managed or manager-managed and supporting their respective positions on the ability of members to change or limit control of any other member. Plaintiff's brief, which should also succinctly articulate the conduct it seeks to enjoin, shall be due on or before February 16, 2024. Defendants' brief in response is due on or before February 21, 2024. Signed by Magistrate Judge Lauren Fleischer Louis on 2/13/2024. Total time in court: 7 hour(s) : 15 minutes. Attorney Appearance(s): Giacomo Bossa, Grant Stanton Smith, Robert Mitchell Einhorn, Carlos A Garcia, Francisco Ferreiro. Other appearances: Plaintiff Pedro Figueredo. Defendants Carlos Herrera, Karla Herrera and Maria Castellanos. Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. (aw)
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| Filing 58 NOTICE Of Filing Affidavits in Support of Trademark by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC. (Attachments: #1 Affidavit Affidavits 12-1 to 12-33) (Ferreiro, Francisco) |
| Filing 57 REPLY to Response to Motion re #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants filed by Top Tracking System LLC. (Smith, Grant) |
| Filing 56 NOTICE of Attorney Appearance by Jesus Sanchelima on behalf of Top Tracking System LLC. Attorney Jesus Sanchelima added to party Top Tracking System LLC(pty:pla). (Sanchelima, Jesus) |
| Filing 55 NOTICE of Attorney Appearance by Liany Estevez on behalf of Top Tracking System LLC. Attorney Liany Estevez added to party Top Tracking System LLC(pty:pla). (Estevez, Liany) |
| Filing 54 Witness List by Top Tracking System LLC.. (Smith, Grant) |
| Filing 53 Witness List by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC.. (Ferreiro, Francisco) |
| Filing 52 RESPONSE in Opposition re #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants filed by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC. Replies due by 2/16/2024. (Attachments: #1 Exhibit)(Ferreiro, Francisco) |
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Filing 51
PAPERLESS ORDER granting #48 Motion for Extension of Time. It is ORDERED AND ADJUDGED that the request for a one-day extension in Defendants' third #48 Unopposed Motion to Extend Time to Respond to Plaintiff's Expedited Motion for Preliminary Injunction is hereby GRANTED. Defendants may file their Response to the #20 Motion for Preliminary Injunction by no later than February 9, 2024, at 2:00 PM. Plaintiff's reply, if at all, remains due by noon on February 12, 2024 as previously ordered. Signed by Magistrate Judge Lauren Fleischer Louis on 2/8/2024. (elm)
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| Filing 50 Clerk's Notice to Filer re #46 Summons Returned Unexecuted. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 49 . It is not necessary to refile this document. (pcs) |
| Filing 48 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC. (Attachments: #1 Text of Proposed Order)(Ferreiro, Francisco) |
| Reset Response/Answer Due Deadline: Maria V Castellanos response/answer due 2/21/2024; Carlos H Herrera response/answer due 2/21/2024; Karla Herrera response/answer due 2/21/2024; KVC Estates IV LLC response/answer due 2/21/2024; Logit LLC response/answer due 2/21/2024; Patriot ELD, LLC response/answer due 2/21/2024; Alejandro Rubinos response/answer due 3/11/2024. (ls)(per DE #44) Modified Answer/Response Deadline per Chambers on 2/8/2024 (jc). |
| Reset Response/Answer Due Deadline: Top Tracking System LLC response/answer due 2/16/2024. (ls)(per DE #43) |
| Filing 49 SUMMONS (Affidavit) Returned Executed on #9 ANSWER to Complaint (Notice of Removal),,, Counterclaim,, (Alejandro Rubinos served on 1/19/2024) by Maria V Castellanos, KVC Estates IV LLC, Carlos H Herrera, Logit LLC (See DE #46 for image) (pcs) |
| Reset Response/Answer Due Deadline: Maria V Castellanos response/answer due 2/21/2024; Carlos H Herrera response/answer due 2/21/2024; Karla Herrera response/answer due 2/21/2024; KVC Estates IV LLC response/answer due 2/21/2024; Logit LLC response/answer due 2/21/2024; Pedro Figueredo Lopez response/answer due 2/21/2024; Patriot ELD, LLC response/answer due 2/21/2024; Alejandro Rubinos response/answer due 2/21/2024. (ls)(per Chambers) |
| Filing 47 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Melissa Damian: Settlement Conference held on 2/7/2024. Negotiations to continue. Total time in court: 4 hours : 30 minutes. Attorney Appearance(s): Robert Mitchell Einhorn, Jacky Beda, Francisco Ferreiro, Carlos A Garcia, Michelle Alexa Juarez, Christian Jay Sanchelima, Giacomo Bossa, and Grant Stanton Smith. (Digital MD_ZOOM_2_7_2024) (jbs) |
| Filing 46 Summons (Affidavit) Returned Unexecuted by Maria V Castellanos, KVC Estates IV LLC, Carlos H Herrera, Karla Herrera, Logit LLC as to Alejandro Rubinos. (Ferreiro, Francisco) |
| Filing 45 SUMMONS (Affidavit) Returned Executed on #9 ANSWER to Complaint (Notice of Removal),,, Counterclaim,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Maria V Castellanos, KVC Estates IV LLC, Carlos H Herrera, Karla Herrera. Luis Ravelo served on 1/18/2024, response/answer due 2/8/2024. (Ferreiro, Francisco) |
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Filing 44
PAPERLESS ORDER granting #40 Defendants Luis Ravelo and Alejandro Rubinos's Motion for Extension of Time to Respond to Plaintiffs' Complaint ("Motion") and directing Combined Responses or Separate Answers. The Court first notes that Case No. 1:24-cv-20012-RAR ("2024 case") was transferred and consolidated with this matter, Case No. 1:23-cv-24891-RAR ("2023 case"). In the Transfer Order, [ECF No. 13] on the 2024 case docket, the Court directed the parties to file all future motions in the 2023 case. Trans. Ord. at 2.By this Motion, Defendants Ravelo and Rubinos seek an extension of time through February 23, 2024 to file a Response/Answer to Plaintiffs Complaint in the 2024 case. Mot. at 1. The Motion also represents that Defendant Ravelo was served on January 18, 2024 and that Defendant Rubinos was served on January 19, 2024. Mot. at 1-2. The 2024 case docket also reflects that on January 11, 2024, Defendant Lopez executed a Waiver of Service, [ECF No. 10] in the 2024 case. Defendant Lopez's Response/Answer is accordingly due on or before March 11, 2024. The Court also notes that neither docket indicates that Plaintiffs have filed Proofs of Service for Defendants Ravelo and Rubinos.Accordingly, to better manage the orderly progress of this case, all Defendants shall submit a single combined response or separate answers to the Complaint in the 2024 case on or before March 11, 2024. Further, for clarity of the record, Plaintiffs shall promptly file Proofs of Service for Defendants Ravelo and Rubinos on the 2023 case docket. Signed by Judge Rodolfo A. Ruiz, II on 2/7/2024. (kgs)
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Filing 43
PAPERLESS ORDER granting #42 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Counterclaim. Plaintiff shall file a Response/Answer to Defendants' Counterclaim on or before February 16, 2024. Signed by Judge Rodolfo A. Ruiz, II on 2/7/2024. (kgs)
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| Filing 42 Unopposed MOTION for Extension of Time to respond to Defendants' Counterclaim by Top Tracking System LLC. Responses due by 2/21/2024. (Smith, Grant) |
| Filing 41 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Top Tracking System LLC. (Attachments: #1 Exhibit A - Written Consent of Members of Top Tracking System LLC, #2 Exhibit B - Termination Letters, #3 Exhibit C - Demand Letter, #4 Exhibit D - Cease and Desist Letter, #5 Exhibit E - Trademark Application, #6 Exhibit F - Website Screenshot, #7 Exhibit G - Advertisement by Patriot ELD, LLC, #8 Exhibit H - Email from Clear Channel, #9 Exhibit I - Office Lease Agreement for Top Tracking System LLC)(Smith, Grant) |
| Filing 40 MOTION for Extension of Time to Respond to the Plaintiffs' Complaint by Luis Ravelo, Alejandro Rubinos. Responses due by 2/20/2024. (Juarez, Michelle) |
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Filing 39
PAPERLESS ORDER. THIS CAUSE is before the Court sua sponte. In anticipation of the Evidentiary Hearing on Plaintiff's #20 Expedited Motion for Preliminary Injunction, set for Tuesday, February 13, 2024, it is hereby ORDERED that by no later than Friday, February 9, 2024, any Party who intends to present live testimony must file a witness list identifying the witness(es) that the Party intends to call at the Evidentiary Hearing. It is further ORDERED that all exhibits shall be pre-marked for the hearing and served (not filed) on opposing counsel by no later than Friday, February 9, 2024. The Parties shall confer prior to the Evidentiary Hearing regarding their exhibits to identify which exhibits they will stipulate to entry into evidence at the hearing and to narrow their anticipated objections. Signed by Magistrate Judge Lauren Fleischer Louis on 2/6/2024. (elm)
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| Filing 38 NOTICE of Filing Second Amended Declaration of Pedro Figueredo by Top Tracking System LLC (Attachments: #1 Exhibit "1" - Second Amended Declaration) (Smith, Grant) |
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Filing 37
ORDER SCHEDULING SETTLEMENT CONFERENCE (BY ZOOM). Settlement Conference set for 2/7/2024 at 2:00 PM in the Miami Division before Magistrate Judge Melissa Damian. Signed by Magistrate Judge Melissa Damian on 2/3/2024. See attached document for full details. (oco)
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Filing 36
PAPERLESS ORDER granting #35 Motion for Extension of Time. It is ORDERED AND ADJUDGED that Defendants' second #35 Unopposed Motion to Extend Time to Respond to Plaintiffs' Expedited Motion for Preliminary Injunction is hereby GRANTED. Defendants may file their Response to the #20 Motion for Preliminary Injunction on or before February 8, 2024. Plaintiff may file a reply, if at all, by noon on February 12, 2024. Signed by Magistrate Judge Lauren Fleischer Louis on 2/2/2024. (elm)
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| Filing 35 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Ferreiro, Francisco) |
| Set/Reset Deadlines/Hearings per DE 36 Order re #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants . Responses due by 2/8/2024. Replies due by 2/12/2024. (amb) |
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Filing 34
REFERRAL TO SETTLEMENT CONFERENCE. ORDER REFERRING CASE to Magistrate Judge Melissa Damian for Settlement. Signed by Judge Rodolfo A. Ruiz, II on 1/31/2024. See attached document for full details. (nan)
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Filing 33
PAPERLESS ORDER granting #31 Motion for Extension of Time. It is ORDERED AND ADJUDGED that Defendants' #31 Unopposed Motion to Extend Time to Respond to Plaintiffs' Expedited Motion for Preliminary Injunction is hereby GRANTED. Defendants may file their Response to the #20 Motion for Preliminary Injunction on or before February 5, 2024. Signed by Magistrate Judge Lauren Fleischer Louis on 1/30/2024. (elm)
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| Filing 32 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Status Conference held on 1/30/2024. An Evidentiary Hearing re #20 Plaintiff's Expedited Motion for Preliminary Injunction is set for February 13, 2024 at 9:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis at the C. Clyde Atkins United States Courthouse, 11th Floor, 301 North Miami Avenue, Miami, Florida, 33128. Total time in court: 20 minutes. Attorney Appearance(s): Grant Stanton Smith, Francisco Ferreiro. (Digital 08:47:16) (aw) |
| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC. (Ferreiro, Francisco) |
| Set/Reset Deadlines/Hearings per paperless order de#33 as to #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants . Responses due by 2/5/2024. (drz) |
| Filing 30 NOTICE of Attorney Appearance by Christian Jay Sanchelima on behalf of Top Tracking System LLC. Attorney Christian Jay Sanchelima added to party Top Tracking System LLC(pty:pla). (Sanchelima, Christian) |
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Filing 29
PAPERLESS ORDER Setting Telephonic Status Conference on #20 Expedited Motion for Preliminary Injunction. It is hereby ORDERED that a Telephonic Status Conference, regarding Scheduling, as to the #20 Expedited Motion for Preliminary Injunction, is now set before the undersigned United States Magistrate Judge for Tuesday, January 30, 2024, at 8:45 A.M. Telephonic appearances may be made by dialing 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign, and enter security code 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 1/29/2024. (elm)
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| Filing 28 NOTICE OF FILING AMENDED DECLARATION OF PEDRO FIGUEREDO by Top Tracking System LLC re #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants (Attachments: #1 Exhibit) (Smith, Grant) |
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Filing 27
ORDER REFERRING MOTION FOR REPORT AND RECOMMENDATION #20 EXPEDITED MOTION for Preliminary Injunction Against Defendants filed by Top Tracking System LLC. Motions referred to Judge Lauren Fleischer Louis. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2024. See attached document for full details. (nan)
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| Set/Reset Deadlines/Hearings per order de#26. Amended Complaint due by 2/9/2024. (drz) |
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Filing 26
PAPERLESS ORDER granting #16 Plaintiff's Motion to File Amended Verified Complaint ("Motion"). Courts should freely give leave to amend a complaint when justice so requires. Fed. R. Civ. P. 15(a)(2). In light of the reasons stated in Plaintiff's Motion, and Defendants' representation in their Response to Plaintiff's Motion ("Response"), #24 , that they "withdraw[] the Defendants' objection to the proposed amendment and will, instead, present this argument in a forthcoming motion to dismiss," Resp. at 2, the Court finds good cause to grant leave to file the requested amendment. Accordingly, Plaintiff's Motion, #16 , is GRANTED. Plaintiff shall file an Amended Complaint on or before February 9, 2024. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2024. (kgs)
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Filing 25
PAPERLESS ORDER granting #15 Defendants' Motion to Consolidate ("Motion").Fed. R. Civ. P. 42(a) provides that "[i]f actions before the court involve a common question of law or fact, the court may... consolidate the actions." "[D]istrict judges have been urged to make good use of Rule 42(a)... in order to expedite trial and eliminate unnecessary repetition and confusion." In re Air Crash Disaster at Florida Everglades, 549 F.2d 1006, 1013 (5th Cir. 1977). Where, as here, "the complaints present virtually identical claims for relief based upon a single course of conduct" consolidation is "appropriate" to "promote[] judicial economy" and "reduc[e] waste, confusion, and delay." Newman v. Eagle Building Technologies, 209 F.R.D. 499, 502 (S.D. Fla. 2002).In light of the substantial overlap between the parties and issues in both matters, along with Plaintiff's recently withdrawn objection to consolidation, #23 at 2, the Court finds transfer and consolidation here appropriate. Accordingly, Defendants' Motion, #15 , is GRANTED. A separate Order transferring Case No. 24-20012-CIV-JEM and consolidating it with Case No. 23-cv-24891-RAR shall follow. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2024. (kgs)
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| Filing 24 RESPONSE to Motion re #16 MOTION for Leave to File Amended Verified Complaint filed by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC. Replies due by 2/2/2024. (Ferreiro, Francisco) |
| Filing 23 RESPONSE to Motion re #15 Defendant's MOTION to Consolidate Cases filed by Top Tracking System LLC. Replies due by 2/1/2024. (Smith, Grant) |
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Filing 22
PAPERLESS ORDER granting #21 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Verified Counterclaim. Plaintiff shall file its Response on or before February 7, 2024. Signed by Judge Rodolfo A. Ruiz, II on 1/24/2024. (kgs)
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| Filing 21 Unopposed MOTION for Extension of Time To Respond to Defendants' Verified Counterclaim re #9 ANSWER to Complaint (Notice of Removal),,, Counterclaim,, by Top Tracking System LLC. Responses due by 2/6/2024. (Attachments: #1 Text of Proposed Order)(Smith, Grant) |
| Filing 20 EXPEDITED MOTION for Preliminary Injunction Against Defendants by Top Tracking System LLC. (Attachments: #1 Exhibit A - Declaration of Pedro Figueredo, #2 Exhibit B - Written Consent, #3 Exhibit C - Demand Letter, #4 Exhibit D - Cease and Desist, #5 Exhibit E - Trademark Application, #6 Exhibit F - Top Tracking System LLC Annual Report, #7 Exhibit G - Declaration of Julio Pino, #8 Exhibit H - Patriot ELD LLC, Sunbiz Detail by Entity Name, #9 Exhibit I - Clear Channel Outdoor Email, #10 Exhibit J - Top Tracking Lease)(Smith, Grant) |
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Filing 19
PAPERLESS ORDER setting briefing schedule on pending motions. On January 12, 2024, Defendant filed a Motion to Consolidate Cases ("Cons. Mot."), #15 , in which Defendants indicated that Plaintiff's counsel objected to the proposed consolidation. Cons. Mot. at 3. On January 18, 2024, Plaintiff filed a Motion for Leave to File an Amended Complaint ("Mot. to Am."), #16 , in which Plaintiff noted Defendants opposed the requested relief. Mot. to Am. at 4. District courts enjoy broad discretion in deciding how to best manage the cases before them. See Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d 1234, 1269 (11th Cir. 2001); see also Chrysler Intl Corp. v. Chemaly, 280 F.3d 1358, 1360 (11th Cir. 2002). Accordingly, on or before January 26, 2024, the parties shall file their respective responses in opposition, not to exceed five (5) pages, explaining why the requested relief in both Motions is opposed. No replies shall be permitted. Signed by Judge Rodolfo A. Ruiz, II on 1/19/2024. (kgs)
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| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by Top Tracking System LLC (Attachments: #1 Text of Proposed Order Joint Scheduling Order)(Smith, Grant) |
| Filing 17 Corporate Disclosure Statement by Top Tracking System LLC (Smith, Grant) |
| Filing 16 MOTION for Leave to File Amended Verified Complaint by Top Tracking System LLC. (Attachments: #1 Exhibit)(Smith, Grant) |
| Filing 15 Defendant's MOTION to Consolidate Cases by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC. Responses due by 1/26/2024. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Consolidate)(Einhorn, Robert) |
| Filing 14 STATUS REPORT by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC (Attachments: #1 Exhibit 2023.11.20 - Civil Cover Sheet, #2 Exhibit 2023.11.20 - Verified Complaint, #3 Exhibit 2023.11.20 - Plaintiff's Emergency Motion for Temporary Injunction, #4 Exhibit 2023.11.22 - Summons for Carlos H. Herrera, #5 Exhibit 2023.11.22 - Summons for Maria V. Castellanos, #6 Exhibit 2023.11.22 - Summons for Karla Herrera, #7 Exhibit 2023.11.22 - Summons for KVC Estates IV LLC, #8 Exhibit 2023.11.22 - Summons for Logit LLC, #9 Exhibit 2023.11.22 - Issued Summons for Carlos H. Herrera, #10 Exhibit 2023.11.22 - Issued Summons for Maria V. Castellanos, #11 Exhibit 2023.11.22 - Issued Summons for Karla Herrera, #12 Exhibit 2023.11.22 - Issued Summons for KVC Estates IV LLC, #13 Exhibit 2023.11.22 - Issued for Logit LLC, #14 Exhibit 2023.12.05 - Plaintiff's Emergency Motion for Temporary Injunction, #15 Exhibit 2023.12.08 - Verified Service of Process Return - Carlos H. Herrera, #16 Exhibit 2023.12.08 - Verified Service of Process Return - Maria V. Catellanos, #17 Exhibit 2023.12.08 - Verified Service of Process Return - Karla Herrera, #18 Exhibit 2023.12.08 - Verified Service of Process Return - KVC Estates IV LLC, #19 Exhibit 2023.12.08 - Verified Service of Process Return -Logit LLC, #20 Exhibit 2023.12.11 Defendants' Objection to Notice of Hearing and Motion to Strike Hearing Set for Tuesday, December 12, 2023, #21 Exhibit 2023.12.11 Defendants' Response in Opposition to Plaintiff's Emergency Motion for Temporary Injunction, #22 Exhibit 2023.12.11 - Notice of Hearing Return Served, #23 Exhibit 2023.12.11 - Exhibit A for ID Written Consent of Members of Top Tracking Systme LLC, #24 Exhibit 2023.12.11 - Composite Exhibit B - for ID VIA Certified Mail and Email Dated November 7 2023, #25 Exhibit 2023.12.11 - Exhibit C, #26 Exhibit 2023.12.11 - Exhibit D, #27 Exhibit 2023.12.11 - Exhibit E, #28 Exhibit 2023.12.11 - Exhibit F, #29 Exhibit 2023.12.11 - Exhibit H, #30 Exhibit 2023.12.11 - Exhibit I, #31 Exhibit 2023.12.11 Exhibit J, #32 Exhibit 2023.12.11 - Exhibit K, #33 Exhibit 2023.12.11 - Exhibit L, #34 Exhibit 2023.12.11 Exhibit M, #35 Exhibit 2023.12.11 - Exhibit N, #36 Exhibit 2023.12.11 - Exhibit O, #37 Exhibit 2023.12.11 - Exhibit G, #38 Exhibit 2023.12.11 - Exhibit P, #39 Exhibit 2023.12.12 Exhibit Q - Articles of Incorporation, #40 Exhibit 2023.12.12 - Exhibit R, #41 Exhibit 2023.12.12 - Notice of Special Set Hearing re Plaintiff's Emergency Motion for Temporary Injunction, #42 Exhibit 2023.12.12 - Notice of Special Set Hearing of Plaintiff's Emergency Motion for Temporary Injunction, #43 Exhibit 2023.12.20 Notice Of Appearance, #44 Exhibit 2023.12.21 Amended Notice Of Evidendiary Special Set Hearing - 01.04.2024, #45 Exhibit 2023.12.21 Amended Notice Of Evidentiary Special Set Hearing - 01.05.2024, #46 Exhibit 2023.12.21 Defendants' Unopposed Motion For Extension Of Time to Respond to Complaint, #47 Exhibit 2023.12.26 Defendants' Notice Of Filing Of Notice of Removal to the District Court, #48 Exhibit 2024.01.02 - Notice of Cancellation - Hrg (01.04.24) on P's Mt. for Temporary Injunction, #49 Exhibit 2024.01.02 - Notice of Cancellation - Hrg (01.05.24) on P's Mt. for Temporary Injunction)(Einhorn, Robert) |
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Filing 13
PAPERLESS ORDER striking Plaintiff Top Tracking System, LLC's ("Top Tracking") Reply in Support of its Emergency Motion for Temporary Injunction ("Reply"), #12 , and issuing instruction on any forthcoming motion for temporary injunction.This cause comes before the Court upon Plaintiff's Complaint, [1-1], and Plaintiff's Emergency Motion for Temporary Injunction ("Emergency Motion"), [1-12] at 1-14, originally filed in Florida's Eleventh Judicial Circuit on November 20, 2023. See generally #1 . Defendant responded to Plaintiff's Emergency Motion on December 11, 2023, [12-2]. On December 26, 2023, while the Emergency Motion was pending in state court, Defendant removed the matter to federal court, asserting federal question subject matter jurisdiction based on the Complaint's Lanham Act claim. See generally Notice of Removal, #1 . On January 9, 2024, 14 days after Defendant removed the action, Plaintiff filed its Reply in this Court, which Plaintiff also designates as an "Emergency Motion." See #12 . In support of the alleged emergency, the Reply states "[t]he facts justifying emergency injunctive relief in Plaintiff's emergency motion still exist and are ongoing." #12 at 1. The Reply accordingly requests the Court to rule on the "Emergency Motion" by January 17, 2024. Id. at 10. The Reply, however, must be stricken for failure to conform with the Local Rules for the Southern District of Florida.First, the Reply fails to comply with S.D. Fla L. R. 7.2, which states "[w]hen a court transfers or a party removes an action to this Court, a true and legible copy of: (a) any pending motion and all documents previously filed in support thereof; and (b) any opposition to any such motion and all documents previously filed in opposition to any such motions, shall be filed and served by the moving party within seven (7) days of the entry of the order of transfer or the filing of the notice of removal unless those materials already have been made part of the case file in this Court." Here, Plaintiff's Emergency Motion was made part of the case file in this Court via the Defendant's Notice of Removal. See [1-12]. However, Plaintiff, as the moving party, did not file Defendant's Response to the Motion until January 9, 2024, which Plaintiff achieved by attaching Defendant's Response as an Exhibit to Plaintiff's Reply. See [12-2]. Accordingly, Plaintiff, as the moving party here, did not timely file "(b) any opposition to any such motion and all documents previously filed in opposition to any such motions... within seven (7) days of the entry of the order of transfer or the filing of the notice of removal." S.D. Fla. L.R. 7.2. Striking is therefore warranted.Second, the Emergency Motion also fails to comply with S.D. Fla L. R. 7.1(d)(1). Specifically, L.R. 7.1(d)(1) states that emergency motions "must set forth in detail the nature of the emergency, the date by which a ruling is necessary, and the reason the ruling is needed by the stated date." L. R. 7.1(d)(1) also requires that a "filer must certify that the matter is a true emergency" by including a specific certification before the Motions signature block. Id. Finally, L.R. 7.1(d)(1) further states that "[m]otions are not considered emergencies if the urgency arises because of the attorney's or party's own dilatory conduct. Generally, unless a motion will become moot if not ruled on within seven (7) days, the motion should not be filed as an emergency motion." Id. Plaintiff's Reply 1) fails to set forth in adequate detail the nature of the emergency and why a ruling is necessary by January 17, 2024; 2) fails to include L.R. 7.1(d)(1)'s required specific emergency certification; and 3) appears to have become urgent only as a result of Plantiff's counsel's dilatory conduct, given that the matter was removed on December 26, 2023, and this Reply was not filed for two full weeks afterwards.Accordingly, Plaintiff's Reply, #12 , is STRICKEN for failure to comply with two separate S.D. Fla Local Rules.Separately, the Court also notes that Plaintiff's original Emergency Motion includes a memorandum of law arguing for a temporary injunction under Florida law. Em. Mot. at 5-12. Plaintiff's Reply further argues that the "Emergency Motion complied with Fla. R. Civ. P. 1.610," and appears to proceed under a mix of Florida law and federal law governing preliminary injunctions. Reply at 3-9. The Court notes that whether a temporary injunction should issue in federal court is a fundamentally procedural issue. See Ferrero v. Associated Materials Inc., 923 F.2d 1441, 1448 (11th Cir. 1991); see also Vital Pharms., Inc. v. Alfieri, 23 F.4th 1282, 1296-97 (11th Cir. 2022) (Pryor, J., concurring). Thus, Fed. R. Civ. P. 65 and federal procedural law govern a district court's determination of whether a temporary injunction should issue. Accordingly, should Plaintiff choose to refile a renewed motion for temporary injunction in this Court, Plaintiff shall include a memorandum of law proceeding under federal equitable principles rather than under state law or a mix of state law and federal law. Signed by Judge Rodolfo A. Ruiz, II on 1/10/2024. (kgs)
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| Filing 12 Stricken per Order DE#13- EMERGENCY MOTION with Certification of Emergency included by Top Tracking System LLC. Responses due by 1/23/2024 (Attachments: #1 Exhibit A - Declaration of Pedro Figueredo, #2 Exhibit B - Defendants Response to Emergency Motion for Temporary Injunction)(Smith, Grant) Modified text on 1/11/2024 (drz). |
| Filing 11 CLERK'S NOTICE - Attorney Admissions has not updated address information for attorney Francisco Ferreiro because Attorney selected apply (address change) to "NONE." By selecting "NONE," the attorney's address is not updated in any cases. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 10 Corporate Disclosure Statement by Maria V Castellanos, Carlos H Herrera, Karla Herrera, KVC Estates IV LLC, Logit LLC (Ferreiro, Francisco) |
| Filing 9 Defendants ANSWER and Affirmative Defenses to Complaint re the Notice of Removal , COUNTERCLAIM against Top Tracking System LLC by KVC Estates IV LLC, Karla Herrera, Carlos H Herrera, Maria V Castellanos, Logit LLC. (Attachments: #1 Exhibit Exhibit A - Florida LLC Operating Agreement, #2 Exhibit Exhibit B - 2019.12.18 Complaint, #3 Exhibit Exhibit C- Defendants Amended Answer and Affirmative Defenses, #4 Exhibit Exhibit D - Florida Limited Liability Company Amended Annual Report, #5 Exhibit Exhibit E - Empowering Trucking Excellence, #6 Exhibit Exhibit F - Trademark Infrengement Cease and Desist)(Einhorn, Robert) |
| Filing 8 CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorney's PACER account for attorney Francisco Ferreiro re #7 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Francisco Ferreiro (Ferreiro, Francisco) |
| Set/Reset Deadlines/Hearings Status Report due by 1/12/2024. Per DE #6 Order. (ebz) |
| Set/Reset Response/Answer Due Deadline: Maria V Castellanos response/answer due 1/3/2024; Carlos H Herrera response/answer due 1/3/2024; Karla Herrera response/answer due 1/3/2024; KVC Estates IV LLC response/answer due 1/3/2024; Logit LLC response/answer due 1/3/2024. Per DE 4 Order. (ebz) |
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Filing 6
ORDER REQUIRING REMOVAL STATUS REPORT. Removal Status Report due on or before January 12, 2024. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2023. See attached document for full details. (kgs)
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Filing 5
Order Requiring Joint Scheduling Report, Corporate Disclosure Statements, and Certificates of Interested Parties. Joint Scheduling Report due by 1/18/2024. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2023. See attached document for full details. (kgs)
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Filing 4
PAPERLESS ORDER REQUIRING COMBINED RESPONSES. Sua sponte review of the record indicates that Defendants filed a Notice of Removal on December 26, 2023, #1 , and the original Complaint was filed in Florida's Eleventh Judicial Circuit on November 20, 2023. See [ECF No. 1-1]. Further review of the docket indicates that Defendants were served on December 1, 2023. See Proofs of Service, [ECF Nos. 1-7--1-11]. Per Federal Rule of Civil Procedure 81(c)(2)(C), Defendants' Response/Answer to the Complaint is due on or before January 3, 2024. Accordingly, to better manage the orderly progress of this case, Defendants shall submit a single combined response or separate answers within the time allowed by Fed. R. Civ. P. 81. Signed by Judge Rodolfo A. Ruiz, II on 12/28/2023. (kgs)
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| Filing 3 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK. (Attachments: #1 Complaint (NOR)) (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. 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. (wce) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Verified Complaint) Filing fee $ 405.00 receipt number AFLSDC-17169154, filed by KVC Estates IV LLC, Karla Herrera, Carlos H Herrera, Maria V Castellanos, Logit LLC. (Extension of Time ex 13)(Attachments: #1 Exhibit Exhibit A - Complaint and Civil Cover Sheet, #2 Exhibit Exhibit B- Issued Summons for Maria V. Castellanos, #3 Exhibit Exhibit C - Issued Summons for Carlos H. Herrera, #4 Exhibit Exhibit D - Issued Summons for Karla Herrera, #5 Exhibit Exhibit E - Issued Summons for Logit LLC, #6 Exhibit Exhibit F - Issued Summons for KVC Estates IV LLC, #7 Exhibit Exhibit G - Verified Service of Process Return - Maria V. Catellanos, #8 Exhibit Exhibit H - Verified Service of Process Return - Carlos H. Herrera, #9 Exhibit Exhibit I - Verified Service of Process Return - Karla Herrera, #10 Exhibit Exhibit J - Verified Service of Process Return -Logit LLC, #11 Exhibit Exhibit K - Verified Service of Process Return - KVC Estates IV LLC, #12 Exhibit Exhibit L - Plaintiff's Emergency Motion for Temporary Injunction and Notice of Hearing, #13 Exhibit Exhibit M - Defendants' Unopposed Motion For Extension Of Time to Respond to Complaint, #14 Exhibit Exhibit N - Draft Notice of Filing of Notice of Removal)(Einhorn, Robert) Modified Text on 12/27/2023 (wce). |
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