DAHAN et al v. TRIPLE FIVE DISTRIBUTION, LLC et al
| GARY DAHAN, WHITE LAB, LLC and GS DISTRIBUTION, LLC |
| SHAHAR ILUS, CHAIM DADON, TRIPLE FIVE DISTRIBUTION, LLC and KETORET BIONATURALS INC |
| 1:2024cv22999 |
| August 6, 2024 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Trademark |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Both |
Docket Report
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This docket was last retrieved on September 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion To Dismiss Complaint by CHAIM DADON, SHAHAR ILUS, KETORET BIONATURALS INC, TRIPLE FIVE DISTRIBUTION, LLC. Responses due by 10/15/2024. (Flanigan, Anne) |
| Filing 17 NOTICE of Attorney Appearance by Alen H. Hsu on behalf of CHAIM DADON, KETORET BIONATURALS INC. Attorney Alen H. Hsu added to party CHAIM DADON(pty:dft), Attorney Alen H. Hsu added to party KETORET BIONATURALS INC(pty:dft). (Hsu, Alen) |
| Filing 16 NOTICE of Attorney Appearance by Anne Reilly Flanigan on behalf of CHAIM DADON, SHAHAR ILUS, KETORET BIONATURALS INC, TRIPLE FIVE DISTRIBUTION, LLC. Attorney Anne Reilly Flanigan added to party CHAIM DADON(pty:dft), Attorney Anne Reilly Flanigan added to party SHAHAR ILUS(pty:dft), Attorney Anne Reilly Flanigan added to party KETORET BIONATURALS INC(pty:dft), Attorney Anne Reilly Flanigan added to party TRIPLE FIVE DISTRIBUTION, LLC(pty:dft). (Flanigan, Anne) |
| Reset Response/Answer Due Deadline: CHAIM DADON response/answer due 9/30/2024; SHAHAR ILUS response/answer due 9/30/2024; KETORET BIONATURALS INC response/answer due 9/30/2024; TRIPLE FIVE DISTRIBUTION, LLC response/answer due 9/30/2024. (ls)(per DE #15) |
Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant TRIPLE FIVE DISTRIBUTION, LLC's Unopposed Motion to Vacate Default and for Extension of Time to Respond to Complaint. #14 . On September 5, 2024, the Clerk of Court entered default against Defendant. #11 . Now, Defendant requests that the Court vacate the Clerk's Entry of Default against it, and for a 21-day extension of time to respond to the Complaint so that all Defendants can file one response. See generally #14 . Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, a court has discretion to set aside an entry of default for "good cause." See Fed. R. Civ. P. 55(c). "Good cause" is "a liberal [standard]--but not so elastic as to be devoid of substance." See Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996) (citation omitted). In evaluating good cause, courts consider whether the default was culpable or willful, the speed with which the defaulting party sought to correct the entry of default, and whether setting aside the default will prejudice the adversary. See SEC v. Johnson, 436 F. App'x 939, 945 (11th Cir. 2011). Here, the Court finds good cause to vacate the entry of default. Defendant explains that it did not engage counsel until August 30, 2024, and then counsel miscalendered the response deadline. #14 at 2. Moreover, Plaintiffs do not oppose vacating the default. Id. Finally, the Court finds that setting aside the entry of default will not prejudice Plaintiffs, particularly since there is a "strong policy of determining cases on their merits" in the Eleventh Circuit. In re Worldwide Web Systems, Inc., 328 F.3d 1291, 1295 (11th Cir. 2003). Accordingly, UPON CONSIDERATION of the Motion #14 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Clerk of Court is instructed to VACATE the Clerk's entry of default against Defendant TRIPLE FIVE DISTRIBUTION, LLC. It is FURTHER ORDERED that all Defendants shall respond to the Complaint on or before September 30, 2024. Signed by Judge K. Michael Moore on 9/11/2024. (sdu)
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| Filing 14 Unopposed MOTION to Set Aside Default by TRIPLE FIVE DISTRIBUTION, LLC. (Attachments: #1 Text of Proposed Order Ex. A)(Hsu, Alen) |
| Filing 13 NOTICE of Attorney Appearance by Alen H. Hsu on behalf of SHAHAR ILUS, TRIPLE FIVE DISTRIBUTION, LLC. Attorney Alen H. Hsu added to party SHAHAR ILUS(pty:dft), Attorney Alen H. Hsu added to party TRIPLE FIVE DISTRIBUTION, LLC(pty:dft). (Hsu, Alen) |
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Filing 12
PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default as to Defendant TRIPLE FIVE DISTRIBUTION, LLC. #11 . Plaintiffs are instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or the Court will be divested of jurisdiction to enforce any judgment against Defendants. Plaintiffs' Motion should include what Counts from the Complaint that Plaintiffs allege against the defaulting Defendant, and affidavits detailing corresponding damages. "Damages may be awarded only if the record adequately reflects the basis for award via... 'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiffs must also submit appropriate proposed orders so as to conform their submission to the Southern District of Florida Local Rules. Signed by Judge K. Michael Moore on 9/5/2024. (sdu)
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| Filing 11 Clerk's Entry of Default as to TRIPLE FIVE DISTRIBUTION, LLC - Motions Terminated: #10 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 9/5/2024. (cqs) |
| Filing 10 "VACATED" MOTION for Clerk's Entry of Default as to TRIPLE FIVE DISTRIBUTION, LLC by GARY DAHAN, GS DISTRIBUTION, LLC, WHITE LAB, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Marcus, Alan) Modified on 9/12/2024 (ls). (per DE #15) |
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Filing 9
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/9/2024. See attached document for full details. (cqs)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. 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 Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 8/8/2024. (sdu)
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Filing 7
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 8/8/2024. (sdu)
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| Filing 6 Summons Issued as to CHAIM DADON, SHAHAR ILUS, KETORET BIONATURALS INC, TRIPLE FIVE DISTRIBUTION, LLC. (cqs) |
| Filing 5 NOTICE by GARY DAHAN, GS DISTRIBUTION, LLC, WHITE LAB, LLC (Attachments: #1 Summon(s) Proposed Summons Triple Five Distribution LLC, #2 Summon(s) Proposed Summons Ketoret Bionaturals Inc, #3 Summon(s) Proposed Summons Chaim Dadon, #4 Summon(s) Proposed Summons Shahar Ilus) (Marcus, Alan) |
| Filing 4 NOTICE by GARY DAHAN, GS DISTRIBUTION, LLC, WHITE LAB, LLC. Attorney Alan Keith Marcus added to party GS DISTRIBUTION, LLC(pty:pla). (Attachments: #1 Civil Cover Sheet Exhibit. Civil Cover Sheet) (Marcus, Alan) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (gqa) |
| 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 Marty Fulgueira Elfenbein 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. (gqa) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17737571, filed by GARY DAHAN, WHITE LAB, LLC.(Marcus, Alan) |
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