Case number 1:19-cv-20457
Alpargatas USA, Inc. v. ALLURE SHOWROOM, INC. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 21, 2020 | 168 | Order on Motion for Permanent Injunction (8) Docket Text: STIPULATED FINAL ORDER AND PERMANENT INJUNCTION AS TO SK EMPIRE LIMITED LIABILITY COMPANY, YAAKOV DAHAN, ALLURE SHOWROOM, INC., AND ALIS ATIAS granting [167] Motion for Permanent Injunction. Signed by Judge Kathleen M. Williams on 1/17/2020. See attached document for full details. (mee) |
| Jan 17, 2020 | 167 | Main Document (5) Docket Text: Joint MOTION for Permanent Injunction , Lift Stay and Stipulated Final Order by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Composite Exhibit "A", # (2) Exhibit Exhibit "B")(Kaplan, Justin) |
| Jan 17, 2020 | 167 | Exhibit Composite Exhibit "A" (31) |
| Jan 17, 2020 | 167 | Exhibit Exhibit "B" (7) |
| Jan 2, 2020 | N/A | Order (0) Docket Text: PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' joint stipulation for dismissal with prejudice as to Plaintiff and Defendant Vibe of Miami, LLC. [165]. The Parties have attached their settlement agreement for review and condition their settlement upon the Court retaining jurisdiction. Accordingly, upon a review of the joint stipulation, the settlement agreement, and the record, it is ORDERED that Plaintiff's claims against Vibe of Miami, LLC are DISMISSED WITH PREJUDICE. The Court retains jurisdiction over these claims for 60 days from today's date for the sole purpose of enforcing the Parties' settlement agreement, if necessary. Signed by Judge Kathleen M. Williams on 1/2/2020. (jws) |
| Dec 19, 2019 | 165 | Main Document (2) Docket Text: STIPULATION of Dismissal of Defendant, Vibe of Miami, LLC by Alpargatas USA, Inc. (Attachments: # (1) Exhibit Exhibit "A" Settlement Agreement, # (2) Exhibit Exhibit "B" Proposed Order Granting Dismissal with Prejudice)(Kaplan, Justin) |
| Dec 19, 2019 | 165 | Exhibit Exhibit "A" Settlement Agreement (7) |
| Dec 19, 2019 | 165 | Exhibit Exhibit "B" Proposed Order Granting Dismissal with Prejudice (1) |
| Nov 26, 2019 | N/A | Administrative Order (0) Docket Text: PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's notice of voluntary dismissal. Pursuant to to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff voluntary dismisses its claims against Defendants Smile Mart, LLC, Envy Holding, Inc., and B&K Trading International, LLC without prejudice. Accordingly, upon review of the notice and the record, it is ORDERED that Plaintiff's claims against Defendants Smile Mart, LLC, Envy Holding, Inc., and B&K Trading International, LLC are DISMISSED without prejudice. This case is CLOSED for administrative purposes. The Parties' deadline to file a joint stipulation of dismissal by January 20, 2020 as to the Defendants stated in the Court's order [161] remains in place. Signed by Judge Kathleen M. Williams on 11/26/2019. (jws) |
| Nov 25, 2019 | 163 | Notice of Voluntary Dismissal (2) Docket Text: NOTICE of Voluntary Dismissal of Defendants, Smile Mart, LLC, Envy Holding, Inc., and B&K Trading International, LLC by Alpargatas USA, Inc. (Kaplan, Justin) |
| Nov 18, 2019 | N/A | Terminate Parties (0) Docket Text: PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's notice [162] of voluntary dismissal without prejudice of Defendants Brown Moses, LLC and Moshe Baharon. Accordingly, upon review of the notice and the record, and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), it is ORDERED and ADJUDGED that Plaintiff's claims against Defendants Brown Moses, LLC and Moshe Baharon are DISMISSED without prejudice. Signed by Judge Kathleen M. Williams on 11/18/2019. (jws) |
| Nov 18, 2019 | 162 | Notice of Voluntary Dismissal (2) Docket Text: NOTICE of Voluntary Dismissal for Defendants, Brown Moses, LLC, and Moshe Baharon by Alpargatas USA, Inc. (Kaplan, Justin) |
| Nov 14, 2019 | N/A | Order (0) Docket Text:PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. THIS MATTER is before the Court on the notice [160] indicating that Plaintiff and Defendants, Allure Showroom, Inc., Alis Atias, Vibe of Miami, LLC, SK Empire Limited Liability Company and Yaakov "Kobi" Dahan have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before January 20, 2020, the Parties shall file a joint stipulation to dismiss as to these Defendants. If the Parties wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of Plaintiff's claims against these Defendants is effective upon the filing of the Parties' joint stipulation of dismissal. Id.Because all of the remaining Defendants currently have a Clerk's default entered against them, all remaining deadlines in the Court's scheduling order [47] are STAYED pending further order of the Court. On or before December 20, 2019, Plaintiff shall file a separate motion for final default judgment against each of the following Defendants: ENVY HOLDING, INC., SMILE MART, LLC, and B&K TRADING INTERNATIONAL, LLC. Plaintiff shall serve each motion in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. Each motion shall be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiff's entitlement to the relief sought and demonstrating that service was proper. As to Defendants BROWN MOSES, LLC and Moshe "Moses" Baharon, and pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff shall effect service of process and file proof of service of the Complaint on these Defendants by no later than November 18, 2019. All claims against any Defendant that has not been served with notice of this action by that day--evidenced by valid proof of service filed to the docket--will be dismissed without prejudice pursuant to Rule 4(m). Signed by Judge Kathleen M. Williams on 11/14/2019. (jws) |
| Nov 13, 2019 | 160 | Main Document (3) Docket Text: Joint MOTION to Stay by Alpargatas USA, Inc.. Responses due by 11/27/2019 (Attachments: # (1) Exhibit Composite Exhibit "1" to Joint Motion for Stay, # (2) Exhibit Exhibit "2" to Joint Motion for Stay, # (3) Text of Proposed Order Proposed Order Granting Joint Motion for Stay)(Kaplan, Justin) |
| Nov 13, 2019 | 160 | Exhibit Composite Exhibit "1" to Joint Motion for Stay (23) |
| Nov 13, 2019 | 160 | Exhibit Exhibit "2" to Joint Motion for Stay (17) |
| Nov 13, 2019 | 160 | Text of Proposed Order Proposed Order Granting Joint Motion for Stay (1) |
| Oct 23, 2019 | N/A | Notice re Hearing (0) Docket Text:PAPERLESS NOTICE OF CANCELLATION OF HEARING: The Discovery Hearing set for Friday, October 25, 2019 at 1:30 PM is hereby CANCELLED upon notice by the parties that the underlying discovery dispute has been resolved. (js02) |
| Oct 10, 2019 | 157 | Main Document (2) Docket Text: STIPULATION of Dismissal for Heart of the City by Alpargatas USA, Inc. (Attachments: # (1) Exhibit Settlement Agreement between Plaintiff and Defendant, Heart of the City, # (2) Exhibit Proposed Order Granting Order of Dismissal)(Kaplan, Justin) |
| Oct 10, 2019 | 157 | Exhibit Settlement Agreement between Plaintiff and Defendant, Heart of the City (7) |
| Oct 10, 2019 | 157 | Exhibit Proposed Order Granting Order of Dismissal (2) |
| Oct 10, 2019 | N/A | Order Dismissing Party (0) Docket Text:PAPERLESS ORDER DISMISSING DEFENDANT. THIS MATTER is before the Court on the Parties' joint stipulation for dismissal with prejudice of Defendant Heart of the City [157]. Upon review of the stipulation and the record, it is ORDERED AND ADJUDGED that the claims against Defendant Heart of the City are DISMISSED WITH PREJUDICE, each party to bear its own attorneys fees and costs. The Court retains jurisdiction over Defendant Heart of the City for the sole purpose of enforcing the Parties' settlement agreement [157-1], if necessary. Signed by Judge Kathleen M. Williams on 10/10/2019. (jws) |
| Oct 8, 2019 | 156 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by David A. Wolis on behalf of HEART OF THE CITY. Attorney David A. Wolis added to party HEART OF THE CITY(pty:dft). (Wolis, David) |
| Oct 3, 2019 | N/A | Notice re Hearing (0) Docket Text:PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 10/18/2019 at 02:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) |
| Oct 3, 2019 | N/A | Notice re Hearing (0) Docket Text:PAPERLESS NOTICE of Hearing: **DATE AND TIME CHANGE ONLY** A Discovery Hearing has been RE-SET for 10/25/2019 at 01:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) |
| Sep 26, 2019 | 151 | Order on Motion for Clerk's Entry of Default (1) Docket Text: ORDER by Clerk of Entry of Default re [148] Motion for Clerks Entry of Default as to Yaakov Dahan, SK EMPIRE LIMITED LIABILITY COMPANY. Signed by DEPUTY CLERK on 9/26/2019. See attached document for full details. (lh) |
| Sep 26, 2019 | 152 | Order on Motion for Clerk's Entry of Default (1) Docket Text: ORDER by Clerk of Entry of Default re [149] Motion for Clerks Entry of Default as to ENVY HOLDING, INC.. Signed by DEPUTY CLERK on 9/26/2019. See attached document for full details. (lh) |
| Sep 26, 2019 | 153 | Order on Motion for Clerk's Entry of Default (1) Docket Text: ORDER by Clerk of Entry of Default re [150] Motion for Clerks Entry of Default as to SMILE MART, LLC. Signed by DEPUTY CLERK on 9/26/2019. See attached document for full details. (lh) |
| Sep 25, 2019 | 148 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default as to Yaakov Dahan, SK EMPIRE LIMITED LIABILITY COMPANY by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Proposed Order Granting Motion for Entry of Default)(Kaplan, Justin) |
| Sep 25, 2019 | 148 | Exhibit Proposed Order Granting Motion for Entry of Default (2) |
| Sep 25, 2019 | 149 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default as to ENVY HOLDING, INC. by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Proposed Order Granting Motion for Entry of Default)(Kaplan, Justin) |
| Sep 25, 2019 | 149 | Exhibit Proposed Order Granting Motion for Entry of Default (2) |
| Sep 25, 2019 | 150 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default as to SMILE MART, LLC by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Proposed Order Granting Motion for Entry of Default)(Kaplan, Justin) |
| Sep 25, 2019 | 150 | Exhibit Proposed Order Granting Motion for Entry of Default (2) |
| Sep 24, 2019 | N/A | Order (0) Docket Text: PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' joint stipulation for dismissal with prejudice of Defendant Fred Solomon. The joint stipulation attaches the Parties' settlement agreement. Upon review of the stipulation, the settlement agreement, and the record, it is ORDERED and ADJUDGED that Defendant Fred Solomon is DISMISSED WITH PREJUDICE. The Court retains jurisdiction over Solomon for the sole purpose of enforcing the terms of the Parties' settlement agreement, if necessary. Signed by Judge Kathleen M. Williams on 9/24/2019. (jws) |
| Sep 24, 2019 | 147 | Order on Motion for Clerk's Entry of Default (1) Docket Text: ORDER by Clerk of Entry of Default re [144] Motion for Clerks Entry of Default as to B&K TRADING INTERNATIONAL, LLC. Signed by DEPUTY CLERK on 9/24/2019. See attached document for full details. (lh) |
| Sep 23, 2019 | 144 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default For Failure to Respond to the Amended Complaint [D.E. 70] as to B&K TRADING INTERNATIONAL, LLC by Alpargatas USA, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order Granting Motion for Entry of Default)(Kaplan, Justin) |
| Sep 23, 2019 | 144 | Text of Proposed Order Proposed Order Granting Motion for Entry of Default (1) |
| Sep 23, 2019 | 145 | Main Document (2) Docket Text: STIPULATION re [143] Order Dismissing Party,,, Fred Solomon by Alpargatas USA, Inc. (Attachments: # (1) Exhibit "A" Settlement Agreement, # (2) Exhibit "B" Proposed Order Granting Dismissal with Prejudice)(Kaplan, Justin) |
| Sep 23, 2019 | 145 | Exhibit "A" Settlement Agreement (7) |
| Sep 23, 2019 | 145 | Exhibit "B" Proposed Order Granting Dismissal with Prejudice (2) |
| Sep 20, 2019 | 140 | Notice of Voluntary Dismissal (2) Docket Text: NOTICE of Voluntary Dismissal of Fred Solomon and Redzing, Inc. by Alpargatas USA, Inc. (Kaplan, Justin) |
| Sep 20, 2019 | N/A | Order (0) Docket Text: PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's notice of voluntary dismissal with prejudice of Defendants Fred Solomon and Redzing, Inc. [140]. Although Plaintiff's notice references Federal Rule of Civil Procedure 41(a)(1)(A)(i), this Rule states that a plaintiff "may dismiss an action without a court order by filing... a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." In this case, Defendant Solomon filed an answer on April 19, 2019 [44]. Accordingly, dismissal under Rule 41(a)(1)(A)(i) is not appropriate as to Defendant Solomon. If the Parties have settled, they must file a notice of settlement or a joint "stipulation of dismissal signed by all parties who have appeared." See Fed. R. Civ. P. 41(a)(1)(A)(ii). Upon a review of the notice and the record as to Defendant Redzing, Inc., it is ORDERED AND ADJUDGED that Plaintiff's claims against Defendant Redzing are DISMISSED WITH PREJUDICE. Signed by Judge Kathleen M. Williams on 9/20/2019. (jws) |
| Sep 20, 2019 | 142 | Notice of Settlement (2) Docket Text: NOTICE of Settlement of Defendant, Fred Solomon by Alpargatas USA, Inc. (Kaplan, Justin) |
| Sep 20, 2019 | N/A | Order Dismissing Party (0) Docket Text:PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. THIS MATTER is before the Court on the notice [142] indicating that the Parties, Plaintiff and Defendant Fred Solomon, have reached a settlement in this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before October 18, 2019, the Parties shall file a joint stipulation to dismiss as to Defendant Fred Solomon. If the Parties wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of Defendant Fred Solomon is effective upon the filing of the Parties' joint stipulation of dismissal. Signed by Judge Kathleen M. Williams on 9/20/2019. (jws) |
| Sep 6, 2019 | 139 | Response/Reply (Other) (5) Docket Text: Plaintiff's REPLY to Defendants, Allure Showroom, Inc. and Alis Atias Affirmative Defenses to Amended Complaint by Alpargatas USA, Inc.. (Kaplan, Justin) |
| Sep 5, 2019 | 138 | Main Document (2) Docket Text: NOTICE by Alpargatas USA, Inc. re [137] Order Dismissing Party,,,, Benjamin Perelmuter and Leah Jacobson (Attachments: # (1) Exhibit Settlement Agreement between Plaintiff and Defendants, Benjamin Perelmuter and Leah Jacobson) (Kaplan, Justin) |
| Sep 5, 2019 | 138 | Exhibit Settlement Agreement between Plaintiff and Defendants, Benjamin Perelmut (8) |
| Sep 4, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER denying as moot [133] Defendant Vibe of Miami LLC's Motion for Extension of Time. Defendant Vibe of Miami LLC timely filed its answer to Plaintiff's amended complaint [134] and, therefore, Vibe's motion for an extension of time is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 9/4/2019. (jws) |
| Sep 4, 2019 | N/A | Order Dismissing Party (0) Docket Text: PAPERLESS ORDER DISMISSING DEFENDANTS. THIS MATTER is before the Court on Plaintiff's notice of voluntary dismissal with prejudice of Defendants, Leah Jacobson d/b/a En Vogue Fashion and Benjamin Perelmuter d/b/a En Vogue Fashion. [135]. Upon review of the notice and the record, the Court ORDERS AND ADJUDGES that all claims against those Defendants are DISMISSED WITH PREJUDICE. If the Parties wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). The Parties must file their settlement agreement with the Court within five (5) days of the date of this Order. Otherwise, the dismissal of this matter as to Defendants Leah Jacobson and Benjamin Perelmuter is effective as of the filing of Plaintiff's notice of voluntary dismissal. Id. Signed by Judge Kathleen M. Williams on 9/4/2019. (jws) Modified on 9/4/2019 (cbr). |
| Aug 29, 2019 | 135 | Notice of Voluntary Dismissal (2) Docket Text: NOTICE of Voluntary Dismissal for Defendants, Leah Jacobson d/b/a En Vogue Fashion and Benjamin Perelmuter d/b/a En Vogue Fashion by Alpargatas USA, Inc. (Kaplan, Justin) |
| Aug 28, 2019 | 133 | Motion for Extension of Time to File Response/Reply/Answer (4) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [70] Amended Complaint by VIBE OF MIAMI, LLC. (Rosenthal, Marc) |
| Aug 28, 2019 | 134 | Answer to Amended Complaint (17) Docket Text:Defendant Vibe of Miami LLC's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by VIBE OF MIAMI, LLC. (Cummings, Casey) |
| Aug 23, 2019 | N/A | Clerk's Notice of Docket Correction and Instruction to Filer - Attorney (0) Docket Text: Clerks Notice to Filer re [124] Summons Returned Executed, [125] Summons Returned Executed, [126] Summons Returned Executed, [127] Summons Returned Executed Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE Nos. [128] Summons Returned Executed, [129] Summons Returned Executed, [130] Summons Returned Executed, [131] Summons Returned Executed. It is not necessary to refile this document. (mc) |
| Aug 22, 2019 | N/A | Clerk's Entry/Non-Entry of Default (0) Docket Text: Clerks Non-Entry of Default as to B&K TRADING INTERNATIONAL, LLC, Yaakov Dahan, ENVY HOLDING, INC., HEART OF THE CITY, SK EMPIRE LIMITED LIABILITY COMPANY, SMILE MART, LLC - Reason: Summonses (Affidavits) Returned Executed are attached to the separate motions, but have NOT been entered on docket by filer. Signed by DEPUTY CLERK on 8/22/2019. (pes) |
| Aug 22, 2019 | 122 | Clerk's Entry/Non-Entry of Default (1) Docket Text: Clerks Entry of Default as to Redzing, Inc., per Order Directing Clerk to Enter Default Re: [121] Clerks Entry/Non-Entry of Default,. Signed by DEPUTY CLERK on 8/22/2019. (jas) |
| Aug 22, 2019 | N/A | Notice of Compliance (0) Docket Text: CLERK'S NOTICE of Compliance re [120] Order Directing Clerk to Enter Default. (jas) |
| Aug 22, 2019 | 124 | Summons Returned Executed (2) Docket Text: SUMMONS (Affidavit) Returned Executed on [70] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alpargatas USA, Inc.. B&K TRADING INTERNATIONAL, LLC served on 6/18/2019, answer due 7/9/2019. (Kaplan, Justin) |
| Aug 22, 2019 | 125 | Summons Returned Executed (2) Docket Text: SUMMONS (Affidavit) Returned Executed on [70] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alpargatas USA, Inc.. ENVY HOLDING, INC. served on 7/30/2019, answer due 8/20/2019. (Kaplan, Justin) |
| Aug 22, 2019 | 126 | Summons Returned Executed (3) Docket Text: SUMMONS (Affidavit) Returned Executed on [70] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alpargatas USA, Inc.. HEART OF THE CITY served on 7/30/2019, answer due 8/20/2019. (Kaplan, Justin) |
| Aug 22, 2019 | 127 | Summons Returned Executed (2) Docket Text: SUMMONS (Affidavit) Returned Executed on [70] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alpargatas USA, Inc.. SMILE MART, LLC served on 7/30/2019, answer due 8/20/2019. (Kaplan, Justin) |
| Aug 22, 2019 | N/A | Summons Returned Executed (0) Docket Text: SUMMONS (Affidavit) Returned Executed on [70] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alpargatas USA, Inc.. B&K TRADING INTERNATIONAL, LLC served on 7/26/2019, answer due 8/16/2019. (See DE [124] for image) (mc) |
| Aug 22, 2019 | N/A | Summons Returned Executed (0) Docket Text: SUMMONS (Affidavit) Returned Executed on [70] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alpargatas USA, Inc.. ENVY HOLDING, INC. served on 7/25/2019, answer due 8/15/2019. (See DE [125] for image) (mc) |
| Aug 22, 2019 | N/A | Summons Returned Executed (0) Docket Text: SUMMONS (Affidavit) Returned Executed on [70] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alpargatas USA, Inc.. HEART OF THE CITY served on 7/25/2019, answer due 8/15/2019. (See DE [126] for image) (mc) |
| Aug 22, 2019 | N/A | Summons Returned Executed (0) Docket Text: SUMMONS (Affidavit) Returned Executed on [70] Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Alpargatas USA, Inc.. SMILE MART, LLC served on 7/26/2019, answer due 8/16/2019. (See DE [127] for image) (mc) |
| Aug 21, 2019 | 115 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default For Failure to Respond to the Amended Complaint as to Yaakov Dahan, SK EMPIRE LIMITED LIABILITY COMPANY by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Proposed Order Granting Motion for Entry of Default on Defendants, Yaakov Dahan and SK Empire Limited Liability Company)(Kaplan, Justin) |
| Aug 21, 2019 | 115 | Exhibit Proposed Order Granting Motion for Entry of Default on Defendants, Yaako (1) |
| Aug 21, 2019 | 116 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default For Failure to Respond to the Amended Complaint as to SMILE MART, LLC by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Return of Service Affidavit, # (2) Exhibit Proposed Order Granting Entry of Default)(Kaplan, Justin) |
| Aug 21, 2019 | 116 | Exhibit Return of Service Affidavit (3) |
| Aug 21, 2019 | 116 | Exhibit Proposed Order Granting Entry of Default (2) |
| Aug 21, 2019 | 117 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default For Failure to Respond to the Amended Complaint as to HEART OF THE CITY by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Return of Service Affidavit, # (2) Exhibit Proposed Order Granting Entry of Default)(Kaplan, Justin) |
| Aug 21, 2019 | 117 | Exhibit Return of Service Affidavit (3) |
| Aug 21, 2019 | 117 | Exhibit Proposed Order Granting Entry of Default (2) |
| Aug 21, 2019 | 118 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default For Failure to Respond to the Amended Complaint as to ENVY HOLDING, INC. by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Return of Service Affidavit, # (2) Exhibit Proposed Order Granting Entry of Default)(Kaplan, Justin) |
| Aug 21, 2019 | 118 | Exhibit Return of Service Affidavit (3) |
| Aug 21, 2019 | 118 | Exhibit Proposed Order Granting Entry of Default (2) |
| Aug 21, 2019 | 119 | Main Document (2) Docket Text: Plaintiff's MOTION for Clerks Entry of Default For Failure to Respond to the Amended Complaint as to B&K TRADING INTERNATIONAL, LLC by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit Return of Service Affidavit, # (2) Exhibit Proposed Order Granting Entry of Default)(Kaplan, Justin) |
| Aug 21, 2019 | 119 | Exhibit Return of Service Affidavit (3) |
| Aug 21, 2019 | 119 | Exhibit Proposed Order Granting Entry of Default (2) |
| Aug 21, 2019 | N/A | Order Directing Clerk to Enter Default (0) Docket Text: PAPERLESS ORDER Directing Clerk to Enter Default. On May 17, 2019, Plaintiff filed proof of service reflecting service on Defendant Redzing, Inc., on May 16, 2019, making its answer to the complaint due on or before June 6, 2019. [61]. To date, Defendant Redzing, Inc. has not appeared or filed a responsive pleading to the Complaint. The Federal Rules of Civil Procedure provide that the Clerk must enter default against a defendant who has failed to plead or otherwise defend. Accordingly, it is ORDERED AND ADJUDGED that the Clerk is directed to ENTER DEFAULT against Defendant Redzing, Inc.On or before September 20, 2019, Plaintiff shall file a motion for final default judgment against Defendant Redzing, Inc. and serve it in accordance with Rule 55(b)(2) of the Federal Rules of Civil Procedure. The motion shall be accompanied by a proposed default final judgment order setting forth the sum certain owed as money damages and the sum certain sought for attorneys' fees and costs supported by sufficient evidence, through affidavits or otherwise, to establish the basis for damages and other relief sought in the pleadings. The motion shall also reference specific legal authority establishing Plaintiffs entitlement to the relief sought and demonstrating that service was proper. Signed by Judge Kathleen M. Williams on 8/21/2019. (jws) |
| Aug 20, 2019 | 111 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by Marc Edward Rosenthal on behalf of VIBE OF MIAMI, LLC. Attorney Marc Edward Rosenthal added to party VIBE OF MIAMI, LLC(pty:dft). (Rosenthal, Marc) |
| Aug 20, 2019 | 112 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by Casey Ryan Cummings on behalf of VIBE OF MIAMI, LLC. Attorney Casey Ryan Cummings added to party VIBE OF MIAMI, LLC(pty:dft). (Cummings, Casey) |
| Aug 20, 2019 | 113 | Motion for Extension of Time to File Response/Reply/Answer (6) Docket Text: Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to [70] Amended Complaint by VIBE OF MIAMI, LLC. (Rosenthal, Marc) |
| Aug 20, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting in part and denying in part [113] Motion for Extension of Time to File Response/Answer to [70] Amended Complaint, for good cause shown in the opposed motion: Defendant VIBE OF MIAMI, LLC's Response/Answer now due 8/28/2019. The extended enlargement requested in the motion is Denied given the pending deadlines in the action. No further extensions shall be granted. Signed by Magistrate Judge Edwin G. Torres on 8/20/2019. (EGT) |
| Aug 15, 2019 | 110 | Answer to Amended Complaint (15) Docket Text: ANSWER and Affirmative Defenses to Amended Complaint by ALLURE SHOWROOM, INC., Alis Atias. (Baret, Elan) |
| Aug 6, 2019 | 108 | Motion for Extension of Time to File Response/Reply/Answer (3) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [70] Amended Complaint, Set/Reset Deadlines by ALLURE SHOWROOM, INC., Alis Atias. (Baret, Elan) |
| Aug 6, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting [108] Motion for Extension of Time to File Response/Answer to [70] Amended Complaint, for good cause shown in the unopposed motion: Defendants ALLURE SHOWROOM, INC. and Alis Atias's Response/Answer now due 8/16/2019. Signed by Magistrate Judge Edwin G. Torres on 8/6/2019. (EGT) |
| Aug 2, 2019 | 107 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by Elan I. Baret on behalf of ALLURE SHOWROOM, INC., Alis Atias. Attorney Elan I. Baret added to party ALLURE SHOWROOM, INC.(pty:dft), Attorney Elan I. Baret added to party Alis Atias(pty:dft). (Baret, Elan) |
| Jul 23, 2019 | N/A | Order on Motion to Withdraw as Attorney (0) Docket Text: PAPERLESS ORDER granting [101] Motion to Withdraw as Attorney. Robert A. Stok and firm of Stok Kon & Braverman withdrawn from case as counsel for Defendants. Terminated counsel shall forward a hardcopy of this Order on the former clients to advise them of the deadline for compliance as well as notifying that Federal law requires that a corporation cannot appear pro se and must be represented by counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985); National Independent Theater Exhibitors, Inc. v. Buena Vista Distribution Co., 748 F.2d 602, 609 (11th Cir. 1985). This Order and Notice shall assure the former corporate client's understanding that the failure to obtain substitute counsel may result in entry of a default judgment against the corporate defendant(s). Deadline to obtain new counsel 8/2/2019. Signed by Magistrate Judge Edwin G. Torres on 7/23/2019. (EGT) |
| Jul 15, 2019 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Answer Due Deadline: ALLURE SHOWROOM, INC. response due 8/2/2019. per DE[103] (cbr) |
| Jul 15, 2019 | N/A | Order on Motion for Extension of Time (0) Docket Text: PAPERLESS ORDER granting in part [102] Motion for Extension of Time to file Answer/Response to Amended Complaint, for good cause shown in the opposed motion: Defendant Allure's Response/Answer now due by 8/2/2019. Defendant's counsel shall advise the client that compliance with this Order will be required whether or not the related motion to withdraw is granted. Signed by Magistrate Judge Edwin G. Torres on 7/15/2019. (EGT) |
| Jul 12, 2019 | N/A | Clerk's Notice - Attorney Admissions (0) Docket Text: CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Justin Brett Kaplan re [99] Notice of Change of Address. Attorney Justin Brett Kaplan is directed to update their information in CM/ECF. Pursuant to CM/ECF Administrative Procedures, upon the change of a Users e-mail address, mailing address, telephone or fax number, the User shall update their mailing address, telephone and fax numbers in CM/ECF Maintain User Account. (cco) |
| Jul 8, 2019 | N/A | Order on Motion to Withdraw as Attorney (0) Docket Text: PAPERLESS ORDER granting [59] Motion to Withdraw as Attorney. Daniel Jordan Simon and James Murray Slater terminated from case as counsel for Defendants SK Empire and Dahan. Though the Court has considered Plaintiff's opposition, given the passage of time and the good cause shown in the record, further delay in adjudicating this motion is not warranted. Defendants' Deadline to obtain new counsel is 7/22/2019. The corporate defendant's failure to retain substitute counsel may result in entry of default judgment. Terminated counsel is DIRECTED to forward a hardcopy of this Paperless Order on the named Defendants. Order denying as moot [90] Motion for Extension of Time. Signed by Magistrate Judge Edwin G. Torres on 7/8/2019. (EGT) |
| Jul 1, 2019 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Answer Due Deadline: ALLURE SHOWROOM, INC. response due 7/16/2019; Alis Atias response due 7/16/2019. per DE[94] (cbr) |
| Jul 1, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting [91] SK Empire Limited Liability Company's and Yaakov Dahan's Motion for Extension of Time to File a Response to Plaintiff's Complaint for good cause shown in the unopposed motion. Defendants' Response is now due on or before August 19, 2019. Signed by Magistrate Judge Edwin G. Torres on 7/1/2019. (js02) |
| Jul 1, 2019 | N/A | Order on Motion for Extension of Time (0) Docket Text: PAPERLESS ORDER granting [92] Allure Showroom, Inc.'s and Alis Atias's Motion for Extension of Time to File a Response to Plaintiff's Complaint for good cause shown in the unopposed motion. Defendants' Response is now due on or before July 16, 2019. Signed by Magistrate Judge Edwin G. Torres on 7/1/2019. (js02) |
| Jun 27, 2019 | 90 | Main Document (3) Docket Text: MOTION for Extension of Time to Respond to Motion to Withdraw re [59] MOTION to Withdraw as Attorney and Extend Deadline to File a Reply by Daniel J. Simon and James M. Slater for / by Alpargatas USA, Inc.. Responses due by 7/11/2019 (Attachments: # (1) Text of Proposed Order)(Kaplan, Justin) |
| Jun 27, 2019 | 90 | Text of Proposed Order (1) |
| Jun 27, 2019 | 91 | Main Document (3) Docket Text: Agreed MOTION for Extension of Time to File Response/Reply/Answer as to [70] Amended Complaint by Yaakov Dahan, SK EMPIRE LIMITED LIABILITY COMPANY. (Attachments: # (1) Text of Proposed Order)(Slater, James) |
| Jun 27, 2019 | 91 | Text of Proposed Order (1) |
| Jun 21, 2019 | 83 | Summons Issued (1) Docket Text: Summons Issued as to VIBE OF MIAMI, LLC. (cbr) |
| Jun 21, 2019 | 84 | Summons Issued (1) Docket Text: Summons Issued as to B&K TRADING INTERNATIONAL, LLC. (cbr) |
| Jun 21, 2019 | 85 | Summons Issued (1) Docket Text: Summons Issued as to Benjamin Perelmuter d/b/a En Vogue Fashion. (cbr) |
| Jun 21, 2019 | 86 | Summons Issued (1) Docket Text: Summons Issued as to ENVY HOLDING, INC.. (cbr) |
| Jun 21, 2019 | 87 | Summons Issued (1) Docket Text: Summons Issued as to HEART OF THE CITY. (cbr) |
| Jun 21, 2019 | 88 | Summons Issued (1) Docket Text: Summons Issued as to Leah Jacobson d/b/a En Vogue Fashion. (cbr) |
| Jun 21, 2019 | 89 | Summons Issued (1) Docket Text: Summons Issued as to SMILE MART, LLC. (cbr) |
| Jun 20, 2019 | 74 | Notice of Filing Proposed Summons(es) (2) Docket Text: NOTICE of Filing Proposed Summons(es) for Vibe of Miami, LLC by Alpargatas USA, Inc. (Kaplan, Justin) |
| Jun 20, 2019 | 75 | Notice of Filing Proposed Summons(es) (2) Docket Text: NOTICE of Filing Proposed Summons(es) for B&K Trading International LLC by Alpargatas USA, Inc. (Kaplan, Justin) |
| Jun 20, 2019 | 76 | Notice of Filing Proposed Summons(es) (2) Docket Text: NOTICE of Filing Proposed Summons(es) for Benjamin Perelmuter d/b/a En Vogue Fashion by Alpargatas USA, Inc. (Kaplan, Justin) |
| Jun 20, 2019 | 77 | Motion for Extension of Time (2) Docket Text: MOTION for Extension of Time to File Response to Plaintiffs' Discovery Requests re [62] Notice (Other) by ALLURE SHOWROOM, INC.. Responses due by 7/8/2019 (Stok, Robert) |
| Jun 20, 2019 | 78 | Notice of Filing Proposed Summons(es) (2) Docket Text: NOTICE of Filing Proposed Summons(es) for Envy Holding Inc. by Alpargatas USA, Inc. (Kaplan, Justin) |
| Jun 20, 2019 | 79 | Notice of Filing Proposed Summons(es) (2) Docket Text: NOTICE of Filing Proposed Summons(es) for Heart of the City by Alpargatas USA, Inc. (Kaplan, Justin) |
| Jun 20, 2019 | 80 | Notice of Filing Proposed Summons(es) (2) Docket Text: NOTICE of Filing Proposed Summons(es) for Leah Jacobson d/b/a En Vogue Fashion by Alpargatas USA, Inc. (Kaplan, Justin) |
| Jun 20, 2019 | 81 | Notice of Filing Proposed Summons(es) (2) Docket Text: NOTICE of Filing Proposed Summons(es) for Smile Mart, LLC by Alpargatas USA, Inc. (Kaplan, Justin) |
| Jun 20, 2019 | N/A | Order on Motion for Extension of Time (0) Docket Text: PAPERLESS ORDER granting [77] Motion for Extension of Time to serve Defendants' discovery responses, through the date requested in the unopposed motion -- July 19, 2019. The parties are advised that future agreements relating to discovery matters should be memorialized by stipulation under Fed. R. Civ. P. 29 without a motion or Court Order. See also S.D. Fla. Local R. 26.1(a). A motion must be filed, however, where such agreement impinges upon the Court's Scheduling Order. Any other disputes regarding extensions or other discovery matters must be placed on the discovery calendar. Signed by Magistrate Judge Edwin G. Torres on 6/20/2019. (EGT) |
| Jun 19, 2019 | 73 | Notice of Entry of Parties Listed into CM/ECF (2) Docket Text: Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): BROWN MOSES, LLC, Moshe Moses Baharon, VIBE OF MIAMI, LLC, ENVY HOLDING, INC., SMILE MART, LLC, B&K TRADING INTERNATIONAL, LLC, Leah Jacobson d/b/a En Vogue Fashion, Benjamin Perelmuter d/b/a En Vogue Fashion and HEART OF THE CITY. (Kaplan, Justin) |
| Jun 18, 2019 | 68 | Main Document (5) Docket Text: Unopposed MOTION for Leave to File Amended Complaint and Add Parties by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit)(Kaplan, Justin) |
| Jun 18, 2019 | 68 | Exhibit (27) |
| Jun 18, 2019 | N/A | Order on Motion for Leave to File (0) Docket Text: PAPERLESS ORDER granting [68] Motion for Leave to File Amended Complaint, for good cause shown in the unopposed motion. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Magistrate Judge Edwin G. Torres on 6/18/2019. (EGT) |
| Jun 18, 2019 | 70 | Amended Complaint/Amended Notice of Removal (27) Docket Text: AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Alpargatas USA, Inc..(Kaplan, Justin) |
| Jun 18, 2019 | N/A | Order on Motion to Dismiss (0) Docket Text: PAPERLESS ORDER denying as moot [38] Motion to Dismiss. In light of the Amended Complaint [70] filed by Plaintiffs, Defendants' motion to dismiss is DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 6/18/2019. (jws) |
| Jun 18, 2019 | N/A | Clerk's Notice of Docket Correction and Instruction to Filer - Attorney (0) Docket Text: Clerks Notice to Filer re [70] Amended Complaint. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties/mediator. Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional parties/mediator. (cbr) |
| May 30, 2019 | 67 | Main Document (2) Docket Text: NOTICE of Mediator Selection. Added David H. Lichter. (Attachments: # (1) Text of Proposed Order)(Kaplan, Justin) |
| May 30, 2019 | 67 | Text of Proposed Order (2) |
| May 28, 2019 | N/A | Clerk's Notice of Docket Correction and Instruction to Filer - Attorney (0) Docket Text: Clerks Notice to Filer re [64] Joint MOTION for Extension of Time to File Reply in Suport of Motion to Dismiss and to Respond to Motion to Withdraw re [54] Order on Motion for Extension of Time to File Response/Reply/Answer,. Wrong Motion Relief(s) Selected; 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. AND 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. (ls) |
| May 28, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting [64] Joint Motion for Extension of Time for good cause shown in the unopposed motion. Plaintiff shall file a response to the motion to withdraw [59] on or before June 28, 2019. Defendants shall file a reply in support of their motion to dismiss [38] on or before June 28, 2019. Docket Order Signed by Magistrate Judge Edwin G. Torres on 5/28/2019. (js02) |
| May 25, 2019 | 64 | Main Document (3) Docket Text: Joint Agreed Motion for Extension of Time to File Response/Reply/Answer as to [59] MOTION to Withdraw as Attorney and Extend Deadline to File a Reply by Daniel J. Simon and James M. Slater, [38] MOTION to Dismiss with Prejudice [1] Complaint by Alpargatas USA, Inc.. Responses due by 6/10/2019 (Attachments: # (1) Text of Proposed Order)(Kaplan, Justin) Modified Relief/Link on 5/28/2019 (ls). |
| May 25, 2019 | 64 | Text of Proposed Order (2) |
| May 24, 2019 | 63 | Notice (Other) (2) Docket Text: NOTICE / LETTER to appear pro se and address update by Fred Solomon (dj) |
| May 23, 2019 | 62 | Notice (Other) (2) Docket Text: NOTICE by Alpargatas USA, Inc. of Service of Serving Discovery (Kaplan, Justin) |
| May 17, 2019 | 60 | Acknowledgment of Service (1) Docket Text: ACKNOWLEDGMENT OF SERVICE of the Complaint on Defendant, Fred Solomon filed by Alpargatas USA, Inc.. (Kaplan, Justin) |
| May 17, 2019 | 61 | Acknowledgment of Service (1) Docket Text: ACKNOWLEDGMENT OF SERVICE of the Complaint on Defendant, Redzing, Inc. filed by Alpargatas USA, Inc.. (Kaplan, Justin) |
| May 16, 2019 | 57 | Order of Instructions to Pro Se Litigant (3) Docket Text: INSTRUCTION TO PRO SE LITIGANT, On or before May 23, 2019 Mr. Solomon shall file a notice with the Clerk ofCourt indicating that he is proceeding pro se and listing his address for service of documents and telephone number. Counsel for Plaintiff shall provide Mr. Solomon with a copy of this Order via email by 5:00 PM on May 16, 2019. Signed by Judge Kathleen M. Williams on 5/16/2019. See attached document for full details. (mee) |
| May 16, 2019 | 58 | Notice of Compliance (2) Docket Text: NOTICE of Compliance of Court Order [D.E.57] by Alpargatas USA, Inc. (Kaplan, Justin) |
| May 16, 2019 | 59 | Main Document (4) Docket Text: MOTION to Withdraw as Attorney and Extend Deadline to File a Reply by Daniel J. Simon and James M. Slater for / by Yaakov Dahan, SK EMPIRE LIMITED LIABILITY COMPANY. Responses due by 5/30/2019 (Attachments: # (1) Text of Proposed Order)(Slater, James) |
| May 16, 2019 | 59 | Text of Proposed Order (2) |
| May 15, 2019 | N/A | Show Cause Hearing (0) Docket Text: PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Show Cause Hearing held on 5/15/2019. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) |
| May 15, 2019 | N/A | Order (0) Docket Text: PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff shall effect service of process and file proof of service of the Complaint by no later than May 17, 2019. All claims against any Defendant that has not been served with notice of this action by that day--evidenced by valid proof of service filed to the docket--will be dismissed without prejudice pursuant to Rule 4(m). Signed by Judge Kathleen M. Williams on 5/15/2019. (jws) |
| May 8, 2019 | 53 | Main Document (3) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [51] Response in Opposition to Motion to Dismiss by Yaakov Dahan, SK EMPIRE LIMITED LIABILITY COMPANY. (Attachments: # (1) Exhibit 1)(Slater, James) |
| May 8, 2019 | 53 | Exhibit 1 (2) |
| May 8, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting [53] Unopposed Motion for Extension of Time to File Reply to Motion to Dismiss. Defendants SK Empire Limited Liability Company and Yaakov Dahan's unopposed motion for an extension of time to file their reply is GRANTED. Defendants shall file their reply by May 28, 2019. Signed by Judge Kathleen M. Williams on 5/8/2019. (jws) |
| May 7, 2019 | N/A | Set/Reset Hearings (0) Docket Text: PAPERLESS ORDER RESETTING TELEPHONIC STATUS CONFERENCE AND SHOW CAUSE HEARING. **TIME AND DATE CHANGE** The telephonic show cause hearing is RESET for May 15, 2019 at 3:00 PM in the Miami Division before Judge Kathleen M. Williams. Counsel for Plaintiff shall forward a hardcopy of this Order to Solomon and Redzing, Inc. Plaintiff and Defendant Solomon shall dial-in five minutes before the scheduled start of the conference. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700 Security Code: 1133 Signed by Judge Kathleen M. Williams on 5/7/2019. (jws) |
| May 6, 2019 | 51 | Main Document (11) Docket Text: RESPONSE in Opposition re [38] MOTION to Dismiss with Prejudice [1] Complaint filed by Alpargatas USA, Inc.. Replies due by 5/13/2019. (Attachments: # (1) Exhibit)(Kaplan, Justin) |
| May 6, 2019 | 51 | Exhibit (12) |
| May 3, 2019 | 50 | Notice of Compliance (2) Docket Text: NOTICE of Compliance of Court Order [D.E.49] by Alpargatas USA, Inc. (Kaplan, Justin) |
| May 2, 2019 | 48 | Notice (Other) (2) Docket Text: NOTICE by Alpargatas USA, Inc. of Service of Rule 26(a) Initial Disclosure (Kaplan, Justin) |
| May 2, 2019 | N/A | Set/Reset Hearings (0) Docket Text: PAPERLESS ORDER SETTING TELEPHONIC STATUS CONFERENCE AND SHOW CAUSE HEARING. THIS MATTER is before the Court on Defendant Fred Solomon's answer [44] filed April 19, 2019. This filing is an inadequate response to the Court's order to show cause entered on April 9, 2019. Defendant Solomon fails to state whether he is appearing pro se or will procure counsel, and counsel has still failed to appear for corporate Defendant Redzing, Inc., in violation of the Court's order. Accordingly, a telephonic show cause hearing is SET for May 8, 2019 at 3:00 PM in the Miami Division before Judge Kathleen M. Williams. Counsel for Plaintiff shall forward a hardcopy of this Order to Solomon and Redzing, Inc. Plaintiff and Defendant Solomon shall dial-in five minutes before the scheduled start of the conference. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700 Security Code: 1133 Signed by Judge Kathleen M. Williams on 5/2/2019. (jws) |
| Apr 30, 2019 | 47 | Scheduling Order (10) Docket Text: SCHEDULING ORDER: Jury Trial set for 4/27/2020 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 4/21/2020 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 4/30/2019. See attached document for full details. (mc) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. |
| Apr 19, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting [42] Plaintiff's Unopposed Motion for Extension of Time to File Response. Plaintiff's unopposed motion is GRANTED for good cause shown. Plaintiff shall file a response to [38] Defendants' Motion to Dismiss by May 6, 2019. Signed by Judge Kathleen M. Williams on 4/19/2019. (jws) |
| Apr 9, 2019 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines/Hearings Deadline to obtain new counsel 4/19/2019. per DE[39] (cbr) |
| Apr 9, 2019 | N/A | Order to Show Cause (0) Docket Text: PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court sua sponte. On February 20, 2019, the Court entered an order [25] granting Plaintiff's motion to extend the TRO entered in this case and motion for an extension of time for Defendants Fred Solomon and Redzing, Inc. to respond to the complaint. The order states that "Solomon and Redzing, Inc. shall respond to the TRO and complaint by March 7, 2019." To date, neither Solomon nor Redzing, Inc. have responded to the complaint or appeared through counsel or otherwise. Federal law clearly establishes that a corporation cannot appear pro se and must be represented by counsel. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985); National Independent Theater Exhibitors, Inc. v. Buena Vista Distribution Co., 748 F.2d 602, 609 (11th Cir. 1985); see also Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201- 02 (1993) ("It has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel."). Accordingly, Solomon and Redzing, Inc. are ORDERED TO SHOW CAUSE by April 19, 2019 at 5:00 PM as to why sanctions should not be imposed for their failure to comply with court order. Counsel for Plaintiff shall forward a hardcopy of this Order to Solomon and Redzing, Inc. so as to advise them that counsel must be retained and appear in this matter by April 19, 2019 for the corporate defendant. Solomon must notify the court whether he intends to proceed pro se in this matter by that date; any retained counsel must appear by April 19, 2019. Failure to comply with this Order may result in sanctions or a default being entered against Defendants Solomon and Redzing, Inc. Signed by Judge Kathleen M. Williams on 4/9/2019. (jws) |
| Mar 4, 2019 | N/A | Order on Motion for Extension of Time (0) Docket Text: PAPERLESS ORDER granting [32] Agreed Motion for Extension of Time. Defendants SK EMPIRE LIMITED LIABILITY COMPANY and DAHAN's unopposed motion for an extension of time to response to the complaint is GRANTED. Defendants SK EMPIRE and DAHAN shall respond by April 8, 2019. Signed by Judge Kathleen M. Williams on 3/4/2019. (jws) |
| Feb 28, 2019 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines/Hearings Preliminary Hearing set for 3/11/2019 10:00 AM before Judge Kathleen M. Williams. (mee) Text Modified on 3/6/2019 (mee). |
| Feb 20, 2019 | N/A | Terminate Motions (0) Docket Text: PAPERLESS ORDER granting [24] Unopposed MOTION for Extension of Time to Extend Temporary Restraining Order and to Reschedule Hearing. THIS MATTER is before the Court on Plaintiff's motion to extend the TRO entered [11] in this case on February 11, 2019 and motion for an extension of time for Defendants Fred Solomon and Redzing, Inc. to respond to the complaint. No party opposes the motion and Defendant Solomon has signed a declaration stating that he was the principal of Redzing and that he consents to (i) extending the time to respond to the TRO and Complaint by March 7, 2019; (ii) extending the TRO through March 13, 2019; and (iii) continuing the Preliminary Injunction Hearing to March 11, 2019. [24-B]. Accordingly, the Court, having reviewed the motion and the record, and for good cause shown, finds that Plaintiff's unopposed motion is GRANTED pursuant to Fed. R. Civ. P. 65(b)(2). Solomon and Redzing, Inc. shall respond to the TRO and complaint by March 7, 2019. Further, upon consent of the Plaintiff and Defendants Solomon and Redzing, Inc. and for good cause shown, the temporary restraining order [11] is EXTENDED through March 13, 2019 as to Defendants Solomon and Redzing, Inc. A Preliminary Injunction Hearing as to Solomon and Redzing, Inc. is SET for March 11, 2019 at 10:00 AM.The Preliminary Injunction hearing previously set for February 22, 2019 is CANCELLED. Signed by Judge Kathleen M. Williams on 2/20/2019. (jws) |
| Feb 19, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting [21] Unopposed Motion for Extension of Time. THIS MATTER is before the Court on Defendants SK EMPIRE LIMITED LIABILITY COMPANY and YAAKOV "KOBI" DAHAN's motion to extend the TRO entered [11] in this case on February 11, 2019 and motion for an extension of time to respond to the complaint. Plaintiff does not oppose. The Court, having reviewed the motion and the record, and for good cause shown, finds that Defendants' unopposed motion is GRANTED pursuant to Fed. R. Civ. P. 65(b)(2). SK EMPIRE LIMITED LIABILITY COMPANY and YAAKOV DAHAN shall respond to the TRO and complaint by March 7, 2019. Further, upon consent of the Plaintiff and Defendants SK EMPIRE LIMITED LIABILITY COMPANY and YAAKOV DAHAN and for good cause shown, the temporary restraining order [11] is EXTENDED through March 13, 2019 as to Defendants SK EMPIRE LIMITED LIABILITY COMPANY and YAAKOV DAHAN only. A Preliminary Injunction Hearing as to SK EMPIRE LIMITED LIABILITY COMPANY and YAAKOV KOBIDAHAN is SET for March 11, 2019 at 10:00 AM. Signed by Judge Kathleen M. Williams on 2/19/2019. (jws) |
| Feb 19, 2019 | N/A | Order (0) Docket Text: PAPERLESS ORDER. THIS MATTER is before the Court on Defendant Fred Solomon's electronic communications with chambers. Mr. Solomon is notified that, should he choose to appear pro se on behalf of himself, pro se litigants, like all litigants, are required to comply with the rules of civil procedure and the Court's orders. It is therefore ORDERED that Defendant Solomon and/or any counsel retained by Defendant Solomon shall comply with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and this Court's Practices and Procedures. The Local Rules may be obtained from the Clerk of Court and the Court's Practices and Procedures are available on the Court's website at http://www.flsd.uscourts.gov/?page_id=13071. Defendants Solomon and Redzing, Inc. are also notified that Redzing, Inc., a corporation, cannot appear pro se and may appear and be heard only through counsel admitted to practice before this Court. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Accordingly, it is ORDERED AND ADJUDGED that Defendant Redzing, Inc. must obtain legal counsel, who must enter an appearance on its behalf. Failure to do so may result in a default judgment being entered against Defendant Redzing, Inc. Counsel for Plaintiff is ORDERED to provide a copy of this Order to Mr. Solomon via email by 5:00 PM tomorrow, February 20, 2019, and to file a notice of compliance with this Order by 10:00 AM on February 21, 2019. Signed by Judge Kathleen M. Williams on 2/19/2019. (jws) |
| Feb 15, 2019 | N/A | Set/Reset Deadlines/Hearings (0) Docket Text: Set/Reset Deadlines/Hearings ALLURE SHOWROOM, INC. answer/response due 3/7/2019; Alis Atias answer/response due 3/7/2019; Yaakov Dahan answer/response due 3/7/2019; SK EMPIRE LIMITED LIABILITY COMPANY answer/response due 3/7/2019. Preliminary Injunction Hearing set for 3/11/2019 10:00 AM in Miami Division before Judge Kathleen M. Williams. per DE[20][22] (cbr) |
| Feb 15, 2019 | N/A | Order on Motion for Extension of Time to File Response/Reply/Answer (0) Docket Text: PAPERLESS ORDER granting [19] Unopposed Motion for Extension of Time. THIS MATTER is before the Court on Defendants ALLURE SHOWROOM, INC. and ALIS ATIAS's motion to extend the TRO entered [11] in this case on February 11, 2019 and motion for an extension of time to respond to the complaint. Plaintiff does not oppose. The Court, having reviewed the motion and the record, and for good cause shown, finds that Defendants' unopposed motion is GRANTED pursuant to Fed. R. Civ. P. 65(b)(2). ALLURE SHOWROOM, INC. and ALIS ATIAS shall respond to the TRO and complaint by March 7, 2019. Further, upon consent of the Plaintiff and Defendants ALLURE SHOWROOM, INC. and ALIS ATIAS and for good cause shown, the temporary restraining order [11] is EXTENDED through March 13, 2019 as to Defendants ALLURE SHOWROOM, INC. and ALIS ATIAS only. A Preliminary Injunction Hearing as to ALLURE SHOWROOM, INC. and ALIS ATIAS only is SET for March 11, 2019 at 10:00 AM. Signed by Judge Kathleen M. Williams on 2/15/2019. (jws) |
| Feb 13, 2019 | N/A | Notice re Hearing (0) Docket Text:PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** Preliminary Injunction Hearing reset for 2/22/2019 at 4:30 PM in Miami Division before Judge Kathleen M. Williams. (mso) |
| Feb 7, 2019 | N/A | Order on Motion for Temporary Restraining Order (0) Docket Text: PAPERLESS ORDER denying [6] Motion for Temporary Restraining Order. THIS MATTER is before the Court on Plaintiff's motion [6] for a temporary restraining order. Upon a review of the motion and the supporting memorandum [7], it is ORDERED and ADJUDGED that Plaintiff's motion is DENIED WITHOUT PREJUDICE. Plaintiff failed to comply with Federal Rule of Civil Procedure 65, which states that "[t]he court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Signed by Judge Kathleen M. Williams on 2/7/2019. (jws) |
| Feb 5, 2019 | 5 | Order Referring Case to Magistrate Judge (5) Docket Text: ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters., Notice of Court Practices and Procedures. Signed by Judge Kathleen M. Williams on 2/5/2019. See attached document for full details. (cds) Modified title text on 2/5/2019 (asl). |
| Feb 5, 2019 | 6 | Main Document (3) Docket Text: MOTION for Temporary Restraining Order by Alpargatas USA, Inc.. Responses due by 2/19/2019 (Attachments: # (1) Text of Proposed Order)(Kaplan, Justin) |
| Feb 5, 2019 | 6 | Text of Proposed Order (5) |
| Feb 5, 2019 | 7 | Main Document (12) Docket Text: MEMORANDUM in Support re [6] MOTION for Temporary Restraining Order by Alpargatas USA, Inc.. (Attachments: # (1) Exhibit 1)(Kaplan, Justin) |
| Feb 5, 2019 | 7 | Exhibit 1 (91) |
| Feb 4, 2019 | N/A | Clerk's Notice of Judge Assignment (0) Docket Text: Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) |
| Feb 4, 2019 | N/A | Clerk's Notice to Filer re: Electronic Case (0) Docket Text: Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case.Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (mee) |
