APR Energy, LLC v. American Power Holdings, LLC et al
| APR ENERGY, LLC |
| ADANAN JAVAN, AMERICAN POWER HOLDINGS, LLC, AMERICAN POWER RESOURCES LLC, AMERICAN POWER REALTY LLC, APR RENEWABLES LLC, APR GREEN ASSETS LLC, APR GREEN DATA LLC, BENJAMIN CHURCH, AJ JAVAN, American Power Resources, LLC, American Power Realty, LLC, APR Renewables, LLC, APR Green Assets, LLC and APR Green Data, LLC |
| 9:2024cv80173 |
| February 15, 2024 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| David S Leibowitz |
| Contract: Other |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 52
ORDER in Cases with Multiple Defendants. Signed by Judge David S. Leibowitz on 4/11/2024. See attached document for full details. (ls)
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Filing 51
ORDER granting #50 Unopposed Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document. APR Green Assets, LLC. Response/Answer due 4/25/2024; APR Green Data, LLC. Response/Answer due 4/25/2024; APR Renewables, LLC. Response/Answer due 4/25/2024; American Power Holdings, LLC. Response/Answer due 4/25/2024; American Power Realty, LLC. Response/Answer due 4/25/2024; American Power Resources, LLC. Response/Answer due 4/25/2024; Benjamin Church. Response/Answer due 4/25/2024; Adanan Javan. Response/Answer due 4/25/2024. Signed by Judge David S. Leibowitz on 4/11/2024. See attached document for full details. (ls)
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| Filing 50 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by APR Green Assets, LLC, APR Green Data, LLC, APR Renewables, LLC, American Power Holdings, LLC, American Power Realty, LLC, American Power Resources, LLC, Adanan Javan. (Attachments: #1 Text of Proposed Order)(Blum, William) |
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Filing 49
ORDER granting #43 Unopposed Motion for Leave to File Excess Page Limit and File Consolidated Reply in Support of its Motion for Preliminary Injunction. Signed by Judge David S. Leibowitz on 4/9/2024. See attached document for full details. (ls)
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| Filing 48 AFFIDAVIT Declaration of Martin Silveira signed by: Martin Silveira re #44 Reply to Response to Motion, by APR Energy, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Raymond, Mark) |
| Filing 47 AFFIDAVIT Declaration of Alicia Unsen signed by: Alicia Unsen re #44 Reply to Response to Motion, by APR Energy, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Raymond, Mark) |
| Filing 46 AFFIDAVIT Declaration of Joseph DiCamillo signed by: Joseph DiCamillo re #44 Reply to Response to Motion, by APR Energy, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Raymond, Mark) |
| Filing 45 AFFIDAVIT Declaration of Bing Chen signed by: Bing Chen re #44 Reply to Response to Motion, by APR Energy, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Raymond, Mark) |
| Filing 44 Plaintiff's REPLY to Response to Motion re #12 MOTION for Preliminary Injunction filed by APR Energy, LLC. (Attachments: #1 Declaration of David Sokol, #2 Declaration of Jonathan Wilds, #3 Declaration of Philip Herold, #4 Declaration of Damon Tohill)(Raymond, Mark) |
| Filing 43 Unopposed MOTION for Leave to File Excess Pages and Single, Consolidated Reply by APR Energy, LLC. (Raymond, Mark) |
| Filing 42 Unopposed MOTION to Seal Exhibit J to Plaintiff's Complaint per Local Rule 5.4 by APR Energy, LLC. (Raymond, Mark) |
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Filing 41
ORDER granting #34 Motion for Leave to File Excess Pages. Signed by Judge David S. Leibowitz on 4/1/2024. See attached document for full details. (ls)
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Filing 40
ORDER granting #33 Unopposed Motion for Leave to File Excess Pages. Signed by Judge David S. Leibowitz on 4/1/2024. See attached document for full details. (ls)
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| Filing 39 Clerk's Notice to Filer re #34 MOTION for Leave to File Response In Excess of Twenty Pages, Not to Exceed Thirty Five Pages, Excluding the Defendant's Declaration. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 38 Clerk's Notice to Filer re #33 Unopposed MOTION for Leave to File Excess Pages. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 37 RESPONSE to Motion re #12 MOTION for Preliminary Injunction filed by APR Green Assets, LLC, APR Green Data, LLC, APR Renewables, LLC, American Power Holdings, LLC, American Power Realty, LLC, American Power Resources, LLC, Adanan Javan. Replies due by 4/8/2024. (Attachments: #1 Exhibit Declaration of Cori Rock, #2 Exhibit Presuit Letters)(Friedman, Michael) |
| Filing 36 AFFIDAVIT in Opposition re #12 MOTION for Preliminary Injunction with Exhibits as Attachments to the Declaration filed by Benjamin Church. (Attachments: #1 Exhibit Email from DiCamillo, #2 Exhibit Email from Chen, #3 Exhibit Email from Chen, Re: Resignation, #4 Exhibit WhatsApp. Message to DiCamillo, #5 Exhibit WhatsApp. Message to DiCamillo, #6 Exhibit WhatsApp. Message with Nores, #7 Exhibit WhatsApp. Message with Tohill, #8 Exhibit Whats.App. Message with Nores, #9 Exhibit WhatsApp. Message with Nores, #10 Exhibit WhatsApp. Message with Tohill, #11 Exhibit Whats.App. Message with Tohill, #12 Exhibit Whats.App. Message with Nores, #13 Exhibit Valuation Report Pages, #14 Exhibit Valuation Report Pages, #15 Exhibit Atlas Corporation Report, #16 Exhibit Atlas Corporation Report)(Berkowitz, Mark) |
| Filing 35 RESPONSE in Opposition re #12 MOTION for Preliminary Injunction filed by Benjamin Church. Replies due by 4/8/2024. (Berkowitz, Mark) |
| Filing 34 Motion for Leave to File Excess Pages by Benjamin Church. (Berkowitz, Mark) Modified Relief on 4/2/2024 (ls). |
| Filing 33 Unopposed Motion for Leave to File Excess Pages by APR Green Assets, LLC, APR Green Data, LLC, APR Renewables, LLC, American Power Holdings, LLC, American Power Realty, LLC, American Power Resources, LLC, Adanan Javan. (Attachments: #1 Text of Proposed Order)(Friedman, Michael) Modified Relief on 4/2/2024 (ls). |
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Filing 32
ORDER granting #31 Agreed Motion for Extension of Time to File Response/Reply to Motion re #12 MOTION for Preliminary Injunction. Responses due by 4/1/2024. Signed by Judge David S. Leibowitz on 3/30/2024. See attached document for full details. (ls)
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| Filing 31 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION for Preliminary Injunction by APR Green Assets, LLC, APR Green Data, LLC, APR Renewables, LLC, American Power Holdings, LLC, American Power Realty, LLC, American Power Resources, LLC, Adanan Javan. (Blum, William) |
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Filing 30
ORDER granting #25 Motion for Extension of Time to File Response/Reply to Motion re #12 MOTION for Preliminary Injunction. Responses due by 3/29/2024. Signed by Judge David S. Leibowitz on 3/27/2024. See attached document for full details. (ls)
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Filing 29
ORDER granting #24 Unopposed Motion for Extension of Time to File Response/Reply to Motion re #12 MOTION for Preliminary Injunction. Responses due by 3/29/2024. Signed by Judge David S. Leibowitz on 3/26/2024. See attached document for full details. (ls)
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| Filing 28 Clerk's Notice to Filer re #24 Unopposed MOTION for Extension of Time to Respond to Motion for Preliminary Injunction re #12 MOTION for Preliminary Injunction . Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 27 Clerk's Notice to Filer re #25 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Motion for a Preliminary Injunction. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 26 RESPONSE in Opposition re #25 MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION for Preliminary Injunction filed by APR Energy, LLC. Replies due by 4/2/2024. (Fuller, Andrew) Modified Text on 3/27/2024 (ls). |
| Filing 25 MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION for Preliminary Injunction by Benjamin Church. (Berkowitz, Mark) Modified to add document link on 3/26/2024 (ls). |
| Filing 24 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #12 MOTION for Preliminary Injunction by APR Green Assets, LLC, APR Green Data, LLC, APR Renewables, LLC, American Power Holdings, LLC, American Power Realty, LLC, American Power Resources, LLC, Adanan Javan. Responses due by 4/8/2024. (Blum, William) Modified Relief on 3/26/2024 (ls). |
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Filing 23
ORDER granting #17 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Benjamin Church. Response/Answer due 4/11/2024. Signed by Judge David S. Leibowitz on 3/19/2024. See attached document for full details. (pcs)
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| Filing 22 Plaintiff's Corporate Disclosure Statement by APR Energy, LLC identifying Corporate Parent APR Energy Limited, Corporate Parent APR Energy Holdings Limited, Corporate Parent APR International, LLC, Corporate Parent Apple Bidco Limited, Corporate Parent Atlas Corp. for APR Energy, LLC (Raymond, Mark) |
| Filing 21 NOTICE of Attorney Appearance by Michael D Joblove on behalf of APR Green Assets, LLC, APR Green Data, LLC, APR Renewables, LLC, American Power Holdings, LLC, American Power Realty, LLC, American Power Resources, LLC, Adanan Javan. Attorney Michael D Joblove added to party APR Green Assets, LLC(pty:dft), Attorney Michael D Joblove added to party APR Green Data, LLC(pty:dft), Attorney Michael D Joblove added to party APR Renewables, LLC(pty:dft), Attorney Michael D Joblove added to party American Power Holdings, LLC(pty:dft), Attorney Michael D Joblove added to party American Power Realty, LLC(pty:dft), Attorney Michael D Joblove added to party American Power Resources, LLC(pty:dft), Attorney Michael D Joblove added to party Adanan Javan(pty:dft). (Joblove, Michael) |
| Filing 20 NOTICE of Attorney Appearance by Michael A Friedman on behalf of APR Green Assets, LLC, APR Green Data, LLC, APR Renewables, LLC, American Power Holdings, LLC, American Power Realty, LLC, American Power Resources, LLC, Adanan Javan. Attorney Michael A Friedman added to party APR Green Assets, LLC(pty:dft), Attorney Michael A Friedman added to party APR Green Data, LLC(pty:dft), Attorney Michael A Friedman added to party APR Renewables, LLC(pty:dft), Attorney Michael A Friedman added to party American Power Holdings, LLC(pty:dft), Attorney Michael A Friedman added to party American Power Realty, LLC(pty:dft), Attorney Michael A Friedman added to party American Power Resources, LLC(pty:dft), Attorney Michael A Friedman added to party Adanan Javan(pty:dft). (Friedman, Michael) |
| Filing 19 NOTICE of Attorney Appearance by William Barry Blum on behalf of APR Green Assets, LLC, APR Green Data, LLC, APR Renewables, LLC, American Power Holdings, LLC, American Power Realty, LLC, American Power Resources, LLC, Adanan Javan. Attorney William Barry Blum added to party APR Green Assets, LLC(pty:dft), Attorney William Barry Blum added to party APR Green Data, LLC(pty:dft), Attorney William Barry Blum added to party APR Renewables, LLC(pty:dft), Attorney William Barry Blum added to party American Power Holdings, LLC(pty:dft), Attorney William Barry Blum added to party American Power Realty, LLC(pty:dft), Attorney William Barry Blum added to party American Power Resources, LLC(pty:dft), Attorney William Barry Blum added to party Adanan Javan(pty:dft). (Blum, William) |
| Filing 18 Plaintiff's NOTICE of Service by APR Energy, LLC re #12 MOTION for Preliminary Injunction (Raymond, Mark) Modified Text on 3/14/2024 (ls). |
| Filing 17 MOTION for Extension of Time to File A Response To the Complaint re #1 Complaint,, by Benjamin Church. Responses due by 3/26/2024. (Berkowitz, Mark) Modified on 3/20/2024 (pcs). |
| Filing 16 NOTICE of Attorney Appearance by Mark Jay Berkowitz on behalf of Benjamin Church. Attorney Mark Jay Berkowitz added to party Benjamin Church(pty:dft). (Berkowitz, Mark) |
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Filing 15
ORDER REASSIGNING CASE to Judge David Seymour Leibowitz for all further proceedings, Judge Aileen M. Cannon no longer assigned to case. Signed by Judge Aileen M. Cannon on 3/7/2024. See attached document for full details. (jmd)
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| Filing 14 AFFIDAVIT Declaration of Andrew Fuller signed by: Andrew Fuller re #12 MOTION for Preliminary Injunction by APR Energy, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Raymond, Mark) |
| Filing 13 AFFIDAVIT Declaration of Joseph DiCamillo signed by: Joseph DiCamillo re #12 MOTION for Preliminary Injunction by APR Energy, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Raymond, Mark) |
| Filing 12 MOTION for Preliminary Injunction by APR Energy, LLC. (Attachments: #1 Declaration of Jonathan Wilds, #2 Declaration of Steven Barker, #3 Declaration of Christopher Haas)(Raymond, Mark) |
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Filing 11
PAPERLESS ORDER granting Plaintiff's #9 Motion for Leave to File Excess Pages. Plaintiff's Motion for a Preliminary Injunction shall not exceed 40 double-spaced pages using 12-point font. Signed by Judge Aileen M. Cannon on 2/27/2024. (mdo)
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| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by APR Energy, LLC. Benjamin Church served on 2/22/2024, response/answer due 3/14/2024. (Fuller, Andrew) |
| Filing 9 Plaintiff's MOTION for Leave to File Excess Pages by APR Energy, LLC. (Attachments: #1 Text of Proposed Order)(Fuller, Andrew) |
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Filing 8
PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice, Consents to Designation, and Requests to Electronically Receive Notices of Electronic Filing for Attorney Craig N. Killen. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Aileen M. Cannon on 2/21/2024. (jf01)
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Filing 7
ORDER Requiring Combined Responses. Signed by Judge Aileen M. Cannon on 2/20/2024. See attached document for full details. (ls)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig N. Killen. Filing Fee $ 200.00 Receipt # AFLSDC-17301362 by APR ENERGY, LLC. Responses due by 3/4/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Fuller, Andrew) |
| Filing 5 Bar Letter re: Admissions sent to attorney Craig N. Killen, mailing date February 16, 2024, (pt) |
| Filing 4 FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint, #2 Exhibit) (nan) |
| Filing 3 Summons Issued as to AMERICAN POWER HOLDINGS, LLC, AMERICAN POWER REALTY LLC, AMERICAN POWER RESOURCES LLC, APR GREEN ASSETS LLC, APR GREEN DATA LLC, APR RENEWABLES LLC, BENJAMIN CHURCH, ADANAN JAVAN. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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 $ 405.00 receipt number AFLSDC-17297312, filed by APR ENERGY, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons for 8 Defendants, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L)(Raymond, Mark) |
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