最近更新：2024-12-25
2022-cv-60392
| 日期 | 描述 |
|---|---|
| 01/27/2023 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notices of Voluntary Dismissal. 86, 87. Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment, or after an answer has been filed where the dismissal bears the signatures of both parties. Fed. R. Civ. P. 41(a)(1)(A)(i). Here, Plaintiff has filed two separate notices of voluntary dismissal. With respect to Defendants aristin.shop (Defendant No. 2), bdgwatch.com (Defendant No. 4) and medolia.shop a/k/a unniesvv.com (Defendant No. 24), who have filed an answer, Plaintiff has filed a Notice of Voluntary Dismissal signed by counsel for all Parties. See 86 at 1-2. With respect to all remaining Defendants (apart from Defendant No. 43, twcharmingmall.com, for whom the Court has Granted Plaintiff's Agreed Motion for Consent Final Judgment 83, 88), Plaintiff has filed an additional notice of dismissal and no answers nor motions for summary judgment have been filed. See 87. Accordingly, UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITH PREJUDICE. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 1/27/2023. |
| 01/27/2023 | ORDER granting the Parties' Agreed Motion for Entry of Consent Final Judgment and Permanent Injunction as to Defendant Number 43 83. Signed by Judge K. Michael Moore on 1/27/2023. See attached document for full details. |
| 01/26/2023 | NOTICE of Voluntary Dismissal of Remaining Defendants by Fendi, S.r.l. |
| 01/26/2023 | NOTICE of Voluntary Dismissal Joint Stipulation of Dismissal of Defendant Numbers 2, 4, and 24 by Fendi, S.r.l. |
| 01/06/2023 | Notice of Ninety Days Expiring december 4 2022 by twcharmingmall.com re 83 Agreed MOTION to Approve Consent Judgment as to Defendant Number 43Agreed MOTION for Permanent Injunction as to Defendant Number 43 filed by Fendi, S.r.l. (Gilmore, J.) |
| 08/05/2022 | RESPONSE TO ORDER TO SHOW CAUSE re 80 Order to Show Cause, by Fendi, S.r.l. 附件： 1:Declaration of Benedetta Raboni in Support of Plaintiff's Response to the Court's July 28, 2022 Order to Show Cause 2:Declaration of Stephen M. Gaffigan in Support of Plaintiff's Response to the Court's July 28, 2022 Order to Show Cause 3:(Exhibit 1 to the Declaration of Stephen M. Gaffigan in Support of Plaintiff's Response to the Court's July 28, 2022 Order to Show Cause) |
| 08/04/2022 | Agreed MOTION to Approve Consent Judgment as to Defendant Number 43 (Responses due by 8/18/2022), Agreed MOTION for Permanent Injunction as to Defendant Number 43 by Fendi, S.r.l. 附件： 1:Exhibit 1 - Proposed Consent Final Judgment |
| 08/03/2022 | Agreed MOTION to Approve Consent Judgment as to Defendant Numbers 2 & 24 (Responses due by 8/17/2022), Agreed MOTION for Permanent Injunction as to Defendant Numbers 2 & 24 by Fendi, S.r.l. 附件： 1:Exhibit 1 - Proposed Consent Final Judgment |
| 08/03/2022 | Agreed MOTION to Approve Consent Judgment as to Defendant Number 4 (Responses due by 8/17/2022), Agreed MOTION for Permanent Injunction as to Defendant Number 4 by Fendi, S.r.l. 附件： 1:Exhibit 1 - Proposed Consent Final Judgment |
| 07/28/2022 | PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte examination of the record. Plaintiff filed its Second Amended Complaint 41 alleging (1) trademark counterfeiting and infringement pursuant to § 32 of the Lanham Act, 15 U.S.C. § 1114; (2) false designation of origin pursuant to § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a); (3) common law unfair competition; and (4) common law trademark infringement, against 51 Defendants initially identified in Schedule A. See generally 41 ; [11-1]. The Second Amended Complaint does not allege or seek certification of a class under Federal Rule of Civil Procedure 23. Trademark infringement actions such as this have become increasingly prevalent in the Southern District of Florida in recent years, and have routinely been permitted. However, the Court questions whether joinder of these Defendants under Federal Rule of Civil Procedure 20 is proper, and also questions as a practical matter whether Plaintiff should be permitted to skirt paying the filing fee for each individual Defendant. See, e.g., Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182, 186 (N.D. Ill. 2020) ("[I]t is appropriate for federal courts to raise improper joinder on their own, especially when the sheer number of defendants waves a joinder red flag and ups the chances that the plaintiff should be paying separate filing fees for separate cases."). "On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party." Fed. R. Civ. P. 21. As it pertains to joinder of Defendants, Federal Rule of Civil Procedure 20(a)(2) provides, in relevant part: "Persons--as well as a vessel, cargo, or other property subject to admiralty process in rem--may be joined in one action as defendants if: (A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(a)(2) (emphasis added). "The district court has broad discretion to join parties or not and that decision will not be overturned as long as it falls within the district court's range of choices." Swan v. Ray, 293 F.3d 1252, 1253 (11th Cir. 2002). Here, while there may well be common questions of law and fact as to some or all Defendants, it is not at all clear from the Second Amended Complaint how the 51 Defendants' alleged infringement "aris[e] out of the same transaction, occurrence, or series of transactions or occurrences[.]" Fed. R. Civ. P. 20(a)(2)(A). It is also not clear that any relief sought against Defendants is joint and several. The Court points Plaintiff to its prior Order in Liberty Media Holdings, LLC v. BitTorrent Swarm, 277 F.R.D. 672 (S.D. Fla. 2011), as well as the Northern District of Illinois' memorandum opinion and order in Estee Lauder Cosms. Ltd. v. P'ships & Unincorporated Ass'ns Identified on Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020), which, while not binding on this Court, is particularly persuasive. Notably, in Liberty Media Holdings, LLC the Court severed and dismissed seventeen (17) defendants as improperly joined. The Estee Lauder court addressed the improper joinder of seventy-nine (79) defendants. Again, the instant action alleges trademark infringement against 51 Defendants. See also Taylor et al v. The Individuals, Partnerships, and Unincorporated Associations identified on Schedule A, No. 0:22-cv-61279-KMM (S.D. Fla. July 27, 2022) (asserting trademark infringement action against 859 defendants). Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE on or before August 5, 2022 as to why the Court should not sever and dismiss without prejudice the 50 Defendants in Schedule A following the first named Defendant and require the refiling of separate actions and payment of separate filing fees as to those Defendants. Failure to comply with this Order may result in sanctions. Signed by Judge K. Michael Moore on 7/28/2022. |
| 07/07/2022 | Amended MOTION for Default Judgment Against Defendants by Fendi, S.r.l. 附件： 1:Declaration of Christine Ann Daley in Support of Plaintiff's Amended Motion for Entry of Final Default Judgment 2:(Text of Proposed Order Default Judgment Order) |
| 07/05/2022 | PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default against Defendant twcharmingmall.com (Defendant No. 43), pursuant to Federal Rule of Civil Procedure 55(a). 77. Plaintiff is instructed to file an Amended Motion for Default Judgment 71 pursuant to Fed. R. Civ. P. 55(b) within ten (10) days of the date of this Notice as to all defaulting Defendants in this case against whom the Clerk of Court has entered a default. That is, Plaintiff should amend its pending Motion for Default Judgment 71 to include Defendant twcharmingmall.com (Defendant No. 43). If Plaintiff fails to file an Amended Motion for Default Judgment within the time set forth in this Order, the Court will be divested of jurisdiction to enforce any judgment against the defaulting Defendants and Plaintiff's claims will be dismissed without prejudice against those Defendants. Plaintiff's Motion should include what Counts from the Second Amended Complaint 41 that Plaintiff alleges against the defaulting Defendants, discuss the relevant facts alleged in the Second Amended Complaint 41 in relation to those Counts, and provide 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)); see also SEC v. Smyth, 420 F.3d 1225, 1231-32 (11th Cir. 2005). Plaintiff must also submit appropriate proposed orders so as to conform its submission to the Local Rules of the Southern District of Florida. Signed by Judge K. Michael Moore on 7/5/2022. |
| 07/05/2022 | Clerk's Entry of Default as to twcharmingmall.com - Motions Terminated: 76 Motion for Clerk's Entry of Default, Signed by DEPUTY CLERK on 7/5/2022. |
| 07/01/2022 | Plaintiff's MOTION for Clerk's Entry of Default as to twcharmingmall.com by Fendi, S.r.l. 附件： 1:Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk' 2:Text of Proposed Order |
| 06/21/2022 | ANSWER and Affirmative Defenses to Amended Complaint by aristin.shop, bdgwatch.com, medolia.shop. |
| 06/09/2022 | PAPERLESS ORDER VACATING 12 DISCOVERY PROCEDURES ORDER. Parties are instructed to review the Discovery Practices and Procedures that can be found on the undersigned's webpage. Signed by Magistrate Judge Lauren Fleischer Louis on 6/9/2022. |
| 06/09/2022 | Joint NOTICE of Mediator Selection. Selected/Added Fendi, S.r.l., Mark Stein as Mediator. |
| 06/08/2022 | Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2022-47 to Magistrate Judge Lauren Fleischer Louis. Magistrate Judge Jared M. Strauss no longer assigned to case. |
| 06/07/2022 | Deadline(s)/Hearing(s) terminated. Per DE [70] Order. |
| 06/07/2022 | Plaintiff's MOTION for Default Judgment Against Defendants by Fendi, S.r.l. 附件： 1:Declaration of Christine Ann Daley in Support of Plaintiff's Motion for En 2:Text of Proposed Order Default Judgment Order |
| 06/07/2022 | Deadline(s)/Hearing(s) terminated. Per DE [70] Order. |
| 06/07/2022 | Set/Reset Response/Answer Due Deadline: 1263271038 a/k/a alicebrandproduct response/answer due 6/21/2022; The Individuals, Business Entities, And Unincorporated Associations Identified On Schedule A, response/answer due 6/21/2022; aili-girl.com response/answer due 6/21/2022; aristin.shop response/answer due 6/21/2022; banilook.com response/answer due 6/21/2022; bdgwatch.com response/answer due 6/21/2022; beliefal.com response/answer due 6/21/2022; blackkty.com response/answer due 6/21/2022; brabione.com response/answer due 6/21/2022; buywiss.com response/answer due 6/21/2022; clothinme.com response/answer due 6/21/2022; colting.top response/answer due 6/21/2022; facebags.ru response/answer due 6/21/2022; fmystery.com response/answer due 6/21/2022; fsz-shoes.com response/answer due 6/21/2022; fuaou.com response/answer due 6/21/2022; giftpear.com response/answer due 6/21/2022; guoiwoo.com response/answer due 6/21/2022; jennygirls.com response/answer due 6/21/2022; kansae.com response/answer due 6/21/2022; kaolls.com response/answer due 6/21/2022; lightlei.com response/answer due 6/21/2022; lovemen-shoes.com response/answer due 6/21/2022; lunascloth.com response/answer due 6/21/2022; materialin.com response/answer due 6/21/2022; medolia.shop response/answer due 6/21/2022; metiffy.com response/answer due 6/21/2022; moderwear.com response/answer due 6/21/2022; netzentocloset.com response/answer due 6/21/2022; ometoi.com response/answer due 6/21/2022; opoolej.com response/answer due 6/21/2022; papitate.com response/answer due 6/21/2022; pitiliy.com response/answer due 6/21/2022; qiqigirl.com response/answer due 6/21/2022; raethhy.com response/answer due 6/21/2022; rgeoum.com response/answer due 6/21/2022; ryipijy.com response/answer due 6/21/2022; salolozee.com response/answer due 6/21/2022; shoefancies.com response/answer due 6/21/2022; shop7.andrewss.com response/answer due 6/21/2022; shop8.asunygirl.com response/answer due 6/21/2022; siciliegia.com response/answer due 6/21/2022; spitfrie.com response/answer due 6/21/2022; theworldwi.com response/answer due 6/21/2022; twcharmingmall.com response/answer due 6/21/2022; ustiktok.store a/k/a ozontiktok.com a/k/a13326428323 response/answer due 6/21/2022; vecilili.com response/answer due 6/21/2022; whistlint.com response/answer due 6/21/2022; wiwiyiss.com response/answer due 6/21/2022; yamishow.com response/answer due 6/21/2022; yupooalbum.ru a/k/a paypalshop response/answer due 6/21/2022; zenaslab.com response/answer due 6/21/2022. Per DE [70] Order. |
| 06/06/2022 | PAPERLESS ORDER. THIS CAUSE came before the Court upon the Unopposed Motion to Enlarge Time to File Response, filed by Defendants aristin.shop (Defendant No. 2), bdgwatch.com (Defendant No. 4), and medolia.shop (Defendant No. 24). 69. Therein, Defendants request an additional 30-day extension of time, up to and including July 4, 2022, to file a response to Plaintiff's 41 Second Amended Complaint because "counsel requires additional time since Defendants are overseas and there has been a delay in communication with Defendants' authorized representative regarding gathering the related evidence." Id. at 1. Plaintiff does not oppose the Motion. Id. at 2. The Court has already granted Defendants a 30-day extension of time because Defendants represented they were working on settling this matter with Plaintiff. See (ECF No. 48). The Court finds that a second 30-day extension is not necessary at this time. However, the Court will afford Defendants an additional two weeks to file a response. See Fed. R. Civ. P. 6(b). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendants' Unopposed Motion to Enlarge Time to File Response 69 is GRANTED IN PART and DENIED IN PART. Defendants may respond to Plaintiff's 41 Second Amended Complaint on or before June 21, 2022. This Order does not affect any other deadlines. Signed by Judge K. Michael Moore on 6/6/2022. |
| 06/07/2022 | Set/Reset Response/Answer Due Deadline: 1263271038 a/k/a alicebrandproduct response/answer due 6/21/2022; The Individuals, Business Entities, And Unincorporated Associations Identified On Schedule A, response/answer due 6/21/2022; aili-girl.com response/answer due 6/21/2022; aristin.shop response/answer due 6/21/2022; banilook.com response/answer due 6/21/2022; bdgwatch.com response/answer due 6/21/2022; beliefal.com response/answer due 6/21/2022; blackkty.com response/answer due 6/21/2022; brabione.com response/answer due 6/21/2022; buywiss.com response/answer due 6/21/2022; clothinme.com response/answer due 6/21/2022; colting.top response/answer due 6/21/2022; facebags.ru response/answer due 6/21/2022; fmystery.com response/answer due 6/21/2022; fsz-shoes.com response/answer due 6/21/2022; fuaou.com response/answer due 6/21/2022; giftpear.com response/answer due 6/21/2022; guoiwoo.com response/answer due 6/21/2022; jennygirls.com response/answer due 6/21/2022; kansae.com response/answer due 6/21/2022; kaolls.com response/answer due 6/21/2022; lightlei.com response/answer due 6/21/2022; lovemen-shoes.com response/answer due 6/21/2022; lunascloth.com response/answer due 6/21/2022; materialin.com response/answer due 6/21/2022; medolia.shop response/answer due 6/21/2022; metiffy.com response/answer due 6/21/2022; moderwear.com response/answer due 6/21/2022; netzentocloset.com response/answer due 6/21/2022; ometoi.com response/answer due 6/21/2022; opoolej.com response/answer due 6/21/2022; papitate.com response/answer due 6/21/2022; pitiliy.com response/answer due 6/21/2022; qiqigirl.com response/answer due 6/21/2022; raethhy.com response/answer due 6/21/2022; rgeoum.com response/answer due 6/21/2022; ryipijy.com response/answer due 6/21/2022; salolozee.com response/answer due 6/21/2022; shoefancies.com response/answer due 6/21/2022; shop7.andrewss.com response/answer due 6/21/2022; shop8.asunygirl.com response/answer due 6/21/2022; siciliegia.com response/answer due 6/21/2022; spitfrie.com response/answer due 6/21/2022; theworldwi.com response/answer due 6/21/2022; twcharmingmall.com response/answer due 6/21/2022; ustiktok.store a/k/a ozontiktok.com a/k/a13326428323 response/answer due 6/21/2022; vecilili.com response/answer due 6/21/2022; whistlint.com response/answer due 6/21/2022; wiwiyiss.com response/answer due 6/21/2022; yamishow.com response/answer due 6/21/2022; yupooalbum.ru a/k/a paypalshop response/answer due 6/21/2022; zenaslab.com response/answer due 6/21/2022. Per DE [70] Order. |
| 06/03/2022 | Second MOTION for Extension of Time to File Response/Reply/Answer (Unopposed) by aristin.shop, bdgwatch.com, medolia.shop. |
| 06/01/2022 | Case Reassignment of Paired Magistrate Judge to Magistrate Judge Jared M. Strauss. Magistrate Judge Lurana S. Snow no longer assigned to case. |
| 05/25/2022 | PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning March 13, 2023, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 5/25/2022. |
| 05/25/2022 | PAPERLESS ORDER SCHEDULING TRIAL IN FORT LAUDERDALE. This case is now set for trial commencing the two-week trial period of March 13, 2023, at 9:00 a.m. in the United States District Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida. The assigned courtroom will be announced at the calendar call. All parties are directed to report to the calendar call on March 9, 2023, at 2:00 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for February 28, 2023, at 11:00 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 5/25/2022. |
| 05/24/2022 | Joint SCHEDULING REPORT - Rule 26(f) by Fendi, S.r.l. 附件： 1:Text of Proposed Order |
| 05/20/2022 | PAPERLESS ORDER. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default against Defendant buywiss.com (Defendant No. 8). (ECF No. 63). On May 17, 2022, the Clerk of Court entered a default against all but five (5) Defendants in this action. (ECF No. 60). Accordingly, on May 18, 2022, the Court entered a Paperless Notice of Court Practice Upon Entry of Default, instructing Plaintiff to file a Motion for Default Judgment as to the defaulting Defendants within twenty (20) days. (ECF No. 61). On May 19, 2022, the Clerk of Court entered a default against Defendant No. 8. Plaintiff need not file a separate Motion for Default Judgment as to Defendant No. 8. Plaintiff is INSTRUCTED to include defaulting Defendant No. 8 in any forthcoming Motion for Default Judgment filed in compliance with this Court's May 18, 2022 Paperless Court Practice Upon Entry of Default. Signed by Judge K. Michael Moore on 5/20/2022. |
| 05/19/2022 | Clerks Entry of Default as to buywiss.com - Motions Terminated: 62 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 5/19/2022. |
| 05/18/2022 | Plaintiff's MOTION for Clerks Entry of Default as to buywiss.com by Fendi, S.r.l. 附件： 1:Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk' 2:Text of Proposed Order |
| 05/18/2022 | PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default against all Defendants, except for the following Defendants: aristin.shop (Defendant No. 2), bdgwatch.com (Defendant No. 4), buywiss.com (Defendant No. 8), medolia.shop (Defendant No. 24), and twcharmingmall.com (Defendant No. 43). (ECF No. 60). Plaintiff is 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 the defaulting Defendants. Plaintiff's Motion should include what Counts from the Second Amended Complaint 41 that Plaintiff alleges against the defaulting Defendants, 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)); see also SEC v. Smyth, 420 F.3d 1225, 1231-32 (11th Cir. 2005). Plaintiff must also submit appropriate proposed orders so as to conform its submission to the Local Rules of the Southern District of Florida. Signed by Judge K. Michael Moore on 5/18/2022. |
| 05/16/2022 | Clerks Entry of Default as to 1263271038 a/k/a alicebrandproduct, The Individuals, Business Entities, And Unincorporated Associations Identified On Schedule A, aili-girl.com, banilook.com, beliefal.com, blackkty.com, brabione.com, clothinme.com, colting.top, facebags.ru, fmystery.com, fsz-shoes.com, fuaou.com, giftpear.com, guoiwoo.com, jennygirls.com, kansae.com, kaolls.com, lightlei.com, lovemen-shoes.com, lunascloth.com, materialin.com, metiffy.com, moderwear.com, netzentocloset.com, ometoi.com, opoolej.com, papitate.com, pitiliy.com, qiqigirl.com, raethhy.com, rgeoum.com, ryipijy.com, salolozee.com, shoefancies.com, shop7.andrewss.com, shop8.asunygirl.com, siciliegia.com, spitfrie.com, theworldwi.com, ustiktok.store a/k/a ozontiktok.com a/k/a13326428323, vecilili.com, whistlint.com, wiwiyiss.com, yamishow.com, yupooalbum.ru a/k/a paypalshop, zenaslab.com - Motions Terminated: 59 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 5/17/2022. |
| 05/16/2022 | Plaintiff's MOTION for Clerks Entry of Default as to 1263271038 a/k/a alicebrandproduct, The Individuals, Business Entities, And Unincorporated Associations Identified On Schedule A, aili-girl.com, banilook.com, beliefal.com, blackkty.com, brabione.com, clothinme.com, colting.top, facebags.ru, fmystery.com, fsz-shoes.com, fuaou.com, giftpear.com, guoiwoo.com, jennygirls.com, kansae.com, kaolls.com, lightlei.com, lovemen-shoes.com, lunascloth.com, materialin.com, metiffy.com, moderwear.com, netzentocloset.com, ometoi.com, opoolej.com, papitate.com, pitiliy.com, qiqigirl.com, raethhy.com, rgeoum.com, ryipijy.com, salolozee.com, shoefancies.com, shop7.andrewss.com, shop8.asunygirl.com, siciliegia.com, spitfrie.com, theworldwi.com, ustiktok.store a/k/a ozontiktok.com a/k/a13326428323, vecilili.com, whistlint.com, wiwiyiss.com, yamishow.com, yupooalbum.ru a/k/a paypalshop, zenaslab.com by Fendi, S.r.l. 附件： 1:Exhibit Declaration of Stephen M. Gaffigan in Support of Request for Clerk' 2:Text of Proposed Order |
| 05/16/2022 | CERTIFICATE OF SERVICE by Fendi, S.r.l. re [50] Order, Terminate Motions, upon Defendants via website posting |
| 05/16/2022 | NOTICE by Fendi, S.r.l. re [50] Order, Terminate Motions, upon Defendants via Electronic Mail 附件： 1:Exhibit Certificate of Sevice |
| 05/16/2022 | CERTIFICATE OF SERVICE by Fendi, S.r.l. re [41] Amended Complaint/Amended Notice of Removal, upon Defendants via website posting |
| 05/16/2022 | NOTICE by Fendi, S.r.l. re [41] Amended Complaint/Amended Notice of Removal, upon Defendants via Electronic Mail 附件： 1:Exhibit Certificate of Sevice |
| 05/16/2022 | SUMMONS (Affidavit) Returned Executed on [41] Amended Complaint/Amended Notice of Removal, [1] Complaint, [18] Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fendi, S.r.l. 1263271038 a/k/a alicebrandproduct served on 4/14/2022, response/answer due 5/5/2022; aili-girl.com served on 4/14/2022, response/answer due 5/5/2022; aristin.shop served on 4/14/2022, response/answer due 5/5/2022; banilook.com served on 4/14/2022, response/answer due 5/5/2022; bdgwatch.com served on 4/14/2022, response/answer due 5/5/2022; beliefal.com served on 4/14/2022, response/answer due 5/5/2022; blackkty.com served on 4/14/2022, response/answer due 5/5/2022; brabione.com served on 4/14/2022, response/answer due 5/5/2022; buywiss.com served on 4/14/2022, response/answer due 5/5/2022; clothinme.com served on 4/14/2022, response/answer due 5/5/2022; colting.top served on 4/14/2022, response/answer due 5/5/2022; facebags.ru served on 4/14/2022, response/answer due 5/5/2022; fmystery.com served on 4/14/2022, response/answer due 5/5/2022; fsz-shoes.com served on 4/14/2022, response/answer due 5/5/2022; fuaou.com served on 4/14/2022, response/answer due 5/5/2022; giftpear.com served on 4/14/2022, response/answer due 5/5/2022; guoiwoo.com served on 4/14/2022, response/answer due 5/5/2022; jennygirls.com served on 4/14/2022, response/answer due 5/5/2022; kansae.com served on 4/14/2022, response/answer due 5/5/2022; kaolls.com served on 4/14/2022, response/answer due 5/5/2022; lightlei.com served on 4/14/2022, response/answer due 5/5/2022; lovemen-shoes.com served on 4/14/2022, response/answer due 5/5/2022; lunascloth.com served on 4/14/2022, response/answer due 5/5/2022; materialin.com served on 4/14/2022, response/answer due 5/5/2022; medolia.shop served on 4/14/2022, response/answer due 5/5/2022; metiffy.com served on 4/14/2022, response/answer due 5/5/2022; moderwear.com served on 4/14/2022, response/answer due 5/5/2022; netzentocloset.com served on 4/14/2022, response/answer due 5/5/2022; ometoi.com served on 4/14/2022, response/answer due 5/5/2022; opoolej.com served on 4/14/2022, response/answer due 5/5/2022; papitate.com served on 4/14/2022, response/answer due 5/5/2022; pitiliy.com served on 4/14/2022, response/answer due 5/5/2022; qiqigirl.com served on 4/14/2022, response/answer due 5/5/2022; raethhy.com served on 4/14/2022, response/answer due 5/5/2022; rgeoum.com served on 4/14/2022, response/answer due 5/5/2022; ryipijy.com served on 4/14/2022, response/answer due 5/5/2022; salolozee.com served on 4/14/2022, response/answer due 5/5/2022; shoefancies.com served on 4/14/2022, response/answer due 5/5/2022; shop7.andrewss.com served on 4/14/2022, response/answer due 5/5/2022; shop8.asunygirl.com served on 4/14/2022, response/answer due 5/5/2022; siciliegia.com served on 4/14/2022, response/answer due 5/5/2022; spitfrie.com served on 4/14/2022, response/answer due 5/5/2022; theworldwi.com served on 4/14/2022, response/answer due 5/5/2022; twcharmingmall.com served on 4/14/2022, response/answer due 5/5/2022; ustiktok.store a/k/a ozontiktok.com a/k/a13326428323 served on 4/14/2022, response/answer due 5/5/2022; vecilili.com served on 4/14/2022, response/answer due 5/5/2022; whistlint.com served on 4/14/2022, response/answer due 5/5/2022; wiwiyiss.com served on 4/14/2022, response/answer due 5/5/2022; yamishow.com served on 4/14/2022, response/answer due 5/5/2022; yupooalbum.ru a/k/a paypalshop served on 4/14/2022, response/answer due 5/5/2022; zenaslab.com served on 4/14/2022, response/answer due 5/5/2022. 附件： 1:Affidavit of Service 2:Affidavit of Service |
| 05/12/2022 | Set/Reset Response/Answer Due Deadline: twcharmingmall.com response/answer due 6/10/2022. Per DE [53] Order. |
| 05/12/2022 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant twcharmingmall.com's Unopposed Motion to Enlarge Time to File Response. 52. Therein, Defendant requests a 30-day extension of time to file a response to Plaintiff's 41 Second Amended Complaint. Id. at 1. Although the Motion does not expressly argue that good cause exists for an extension of time, Defendant notes in its Certificate of Conferral that the extension is sought to permit Plaintiff and Defendant to engage in settlement discussions and to allow Defendant's counsel additional time to investigate the facts of this case. Id. at 2. Plaintiff does not oppose the Motion. Id. Defendant's response to the Second Amended Complaint 41 is due on or before May 11, 2022. See Fed. R. Civ. P. 15(a)(3). The Court finds good cause to grant Defendant's timely request for an extension of time. See Fed. R. Civ. P. 6(b). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant twcharmingmall.com's Unopposed Motion to Enlarge Time to File Response 52 is GRANTED. Defendant twcharmingmall.com may respond to the Second Amended Complaint no later than June 10, 2022. This Order does not affect any other deadlines. Signed by Judge K. Michael Moore on 5/12/2022. |
| 05/12/2022 | Set/Reset Response/Answer Due Deadline: twcharmingmall.com response/answer due 6/10/2022. Per DE [53] Order. |
| 05/11/2022 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [1] Complaint, by twcharmingmall.com. Attorney J. Marshall Gilmore added to party twcharmingmall.com(pty:dft). (Gilmore, J.) |
| 05/06/2022 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Fendi, S.r.l.'s Second Motion to Extend Temporary Restraining Order. 49. Therein, Plaintiff requests that the Court extend its Order granting Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets until the Court has had an opportunity to rule on Magistrate Judge Snow's Report and Recommendation. See id. at 1-2. The Court adopted the Amended Report and Recommendation, see (ECF No. 50), thus Plaintiff's Motion is moot. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff Fendi, S.r.l.'s Second Motion to Extend Temporary Restraining Order 49 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 5/6/2022. |
| 05/05/2022 | PAPERLESS ORDER ADOPTING 43 AMENDED REPORT AND RECOMMENDATION. THIS CAUSE came before the Court upon Plaintiff Fendi, S.r.l.'s Motion for Preliminary Injunction. 6. The Court referred the matter to the Honorable Lurana S. Snow, United States Magistrate Judge, to take all necessary and proper action as required by law with respect to Plaintiff's request for a preliminary injunction. 13 at 14. On April 18, 2022, Magistrate Judge Snow held an evidentiary hearing that was attended only by counsel for Plaintiff, despite Defendants' receiving notice of the hearing. See 24 ; 26 ; 43. That same day, Magistrate Judge Snow issued a Report and Recommendation, 28, recommending that Plaintiff's Motion for Preliminary Injunction, 6, be granted. See 28 at 17. On April 26, 2022, Plaintiff filed a Motion to Amend Schedule "A" to Magistrate Judge Snow's Report and Recommendation because Plaintiff discovered that the Schedule "A" Plaintiff submitted to the Court for the Report and Recommendation contained a transposition error in the Merchant ID column. 37. The motion was granted, 42, and Magistrate Judge Snow entered an Amended Report and Recommendation that includes the corrected Schedule "A", see 43. There are no other differences between the Report and Recommendation and the Amended Report and Recommendation. Thus the Court construes the amendment as a clerical correction and applies the objection period set forth in the initial Report and Recommendation. No objections to the initial Report and Recommendation were filed and the time to do so has passed. The matter is now ripe for review. The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). Here, Defendants did not appear despite receiving notice of the preliminary injunction hearing. See 24 ; 26. In the Amended Report and Recommendation, Magistrate Judge Snow found that (1) Plaintiff has demonstrated a substantial likelihood of success on the merits, (2) Plaintiff is likely to suffer immediate and irreparable injury in the absence of a preliminary injunction, (3) the threatened injury to Plaintiff outweighs the potential harm to Defendants, and (4) the public interest would be served by the entry of a preliminary injunction. See generally 43. Magistrate Judge Snow also found good cause for the entry of an order restraining Defendants' transfer of assets, as set forth in the Amended Report and Recommendation. Id. at 16. Accordingly, Magistrate Judge Snow recommends that Plaintiff's Motion for Preliminary Injunction 6 be granted and that a preliminary injunction be entered in the form set forth in the Amended Report and Recommendation. Id. at 17-22. This Court agrees. Accordingly, UPON CONSIDERATION of the Motion, the Amended Report and Recommendation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Magistrate Judge Snow's Amended Report and Recommendation 43 is ADOPTED and Plaintiff's Motion for Preliminary Injunction 6 is GRANTED. It is further ORDERED that the recommended preliminary injunction set forth in the Amended Report and Recommendation, 43 at 17-22, is INCORPORATED as if fully set forth herein, and ENTERED in favor of Plaintiff, and against Defendants, which are Individuals, Business Entities, and Unincorporated Associations identified on Schedule "A" attached to the Amended Report and Recommendation, to remain in effect during the pendency of this action. Signed by Judge K. Michael Moore on 5/5/2022. |
| 05/05/2022 | Plaintiff's MOTION to Extend Temporary Restraining Order re [13] Order on Ex Parte Motion, by Fendi, S.r.l. 附件： 1:Text of Proposed Order Granting Plaintiff's Second Motion to Extend Tempora |
| 05/05/2022 | PAPERLESS ORDER. THIS CAUSE came before the Court upon the Unopposed Motion to Enlarge Time to File Response 5 filed by Defendants aristin.shop ("Defendant No. 2"), bdgwatch.com ("Defendant No. 4"), and medolia.shop ("Defendant No. 24"). Therein, Defendants request a thirty (30) day extension of time, up to and including June 4, 2022, to file a response to Plaintiff's Second Amended Complaint 41 because Defendants recently retained counsel who is working to settle this matter and thus requires additional time to respond to the complaint. Id. at 1-2. Plaintiff does not oppose the relief requested in Defendants' Motion. Id. at 2. The Court finds good cause to grant Defendants' request for an extension of time. See Fed. R. Civ. P. 6(b). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Unopposed Motion to Enlarge Time to File Response 5 is GRANTED. Defendants aristin.shop, bdgwatch.com, and medolia.shop may respond to the Second Amended Complaint on or before June 4, 2022. This Order does not affect any other deadlines. Signed by Judge K. Michael Moore on 5/5/2022. |
| 05/04/2022 | First MOTION for Extension of Time to File Response/Reply/Answer (Unopposed) by aristin.shop, bdgwatch.com, medolia.shop. |
| 05/04/2022 | NOTICE of Attorney Appearance by Ricco Carlos Washburn on behalf of aristin.shop, bdgwatch.com, medolia.shop. Attorney Ricco Carlos Washburn added to party aristin.shop(pty:dft), Attorney Ricco Carlos Washburn added to party bdgwatch.com(pty:dft), Attorney Ricco Carlos Washburn added to party medolia.shop(pty:dft). |
| 05/02/2022 | CERTIFICATE OF SERVICE by Fendi, S.r.l. re [42] Order on Motion to Amend/Correct, [43] REPORT AND RECOMMENDATIONS re [6] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Fendi, S.r.l. Recommending that Plaintiffs Motion for P upon Defendants via website posting |
| 05/02/2022 | NOTICE by Fendi, S.r.l. re [42] Order on Motion to Amend/Correct, [43] REPORT AND RECOMMENDATIONS re [6] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Fendi, S.r.l. Recommending that Plaintiffs Motion for P upon Defendants via Electronic Mail 附件： 1:Exhibit Certificate of Sevice |
| 04/28/2022 | AMENDED REPORT AND RECOMMENDATIONS re [6] Plaintiff's Motion for Entry of Preliminary Injunction. Recommending that Plaintiff's Motion for Preliminary Injunction (ECF No. 6) be GRANTED. Objections to R&R due by 5/12/2022. See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 4/28/2022. |
| 04/28/2022 | ORDER granting [37] Plaintiff's Motion to Amend Schedule A of the Court's Report and Recommendation (ECF No. 37). The Report and Recommendation is hereby amended to include a corrected Schedule A. The amended Report and Recommendation is filed simultaneously herewith. See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 4/28/2022. |
| 04/27/2022 | Set/Reset Deadlines/Hearings Amended Complaint due by 4/29/2022. Per DE [40] Order. |
| 04/27/2022 | Set/Reset Deadlines/Hearings Amended Complaint due by 4/29/2022. Per DE [40] Order. |
| 04/27/2022 | Plaintiff's AMENDED COMPLAINT for Damages and Injunctive Relief against All Defendants filed in response to Order Granting Motion for Leave, filed by Fendi, S.r.l. 附件： 1:Exhibit 1 to the Second Amended Complaint |
| 04/27/2022 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Fendi S.r.l.'s Motion for Order Granting Leave to File Second Amended Complaint. 39. Therein, Plaintiff requests leave to file a Second Amended Complaint to correct an error in Schedule "A" to the Amended Complaint, which identifies each Defendant in this action, their associated financial information, and other identifying data. Id. at 1. Specifically, Plaintiff asserts that it recently discovered the table with this information in Schedule "A" contains a transposition error in the Merchant ID column. Id.; see also 37. Defendants have not yet appeared in this action. Rule 15(a) of the Federal Rules of Civil Procedure provides that "[a] party may amend its pleading once as a matter of course within. 21 days after service of a motion under Rule 12(b), (e), or (f)." Fed. R. Civ. P. 15(a)(1)(B). Beyond that, "a party may amend its pleading only with the opposing party's written consent or the court's leave" and "[t]he court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). The decision whether to grant leave to amend is committed to the sound discretion of the trial court. Best Canvas Prods. & Supplies, Inc. v. Ploof Truck Lines, Inc., 713 F.2d 618, 622 (11th Cir. 1983). Normally, "[a] court may consider several factors when deciding whether to grant a motion to amend, including 'undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, and futility of amendment." Perez v. Wells Fargo N.A., 774 F.3d 1329, 1340 (11th Cir. 2014) (alterations incorporated) (quoting Equity Lifestyle Props., Inc. v. Fla. Mowing & Landscape Serv., Inc., 556 F.3d 1232, 1241 (11th Cir. 2009)). And, "[u]nless there is a substantial reason to deny leave to amend, the discretion of the district court is not broad enough to permit denial." Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594, 598 (5th Cir. 1981). Here, Plaintiff requests leave to file the Second Amended Complaint because of an error in Schedule "A" where data contained in the Merchant ID column was inadvertently transposed. The Court does not find a substantial reason to deny Plaintiff's request to file a Second Amended Complaint, and the Court will allow Plaintiff to do so under Fed. R. Civ. P. 15(a)(2). Accordingly, UPON CONSIDERATION of the Motion 39, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff Fendi S.r.l.'s Motion for Order Granting Leave to File Second Amended Complaint 39 is GRANTED. Plaintiff shall file the Second Amended Complaint separately on the docket in this matter on or before April 29, 2022. Signed by Judge K. Michael Moore on 4/27/2022. |
| 04/26/2022 | Plaintiff's MOTION for Leave to File Second Amended Complaint by Fendi, S.r.l. 附件： 1:Exhibit 1: Proposed Second Amended Complaint 2:Text of Proposed Order Granting Plaintiff's Motion for Order Granting Leave |
| 04/26/2022 | NOTICE by Fendi, S.r.l. of Filing Corrected Declaration of Kathleen Burns in Support of Temporary Restraining Order, Preliminary Injunction and Order Restraining Transfer of Assets 附件： 1:Corrected Declaration of Kathleen Burns in Support of Plaintiff's Applicat |
| 04/26/2022 | Plaintiff's MOTION to Amend/Correct [28] REPORT AND RECOMMENDATIONS re [6] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Fendi, S.r.l. Recommending that Plaintiffs Motion for P by Fendi, S.r.l. Responses due by 5/10/2022 附件： 1:Text of Proposed Order Granting Plaintiff's Motion to Amend Schedule " 2:Text of Proposed Order Amended Report and Recommendation |
| 04/21/2022 | CERTIFICATE OF SERVICE by Fendi, S.r.l. re [27] Exhibit and Witness List, [28] REPORT AND RECOMMENDATIONS re [6] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Fendi, S.r.l. Recommending that Plaintiffs Motion for P upon Defendants via website posting |
| 04/21/2022 | NOTICE by Fendi, S.r.l. re [27] Exhibit and Witness List, [28] REPORT AND RECOMMENDATIONS re [6] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Preliminary Injunction, and Order Restraining Transfer of Assets filed by Fendi, S.r.l. Recommending that Plaintiffs Motion for P upon Defendants via Electronic Mail 附件： 1:Exhibit Certificate of Sevice |
| 04/21/2022 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Fendi, S.r.l.'s Motion for Order Extending Deadline for Parties to Conduct Rule 26(f) Conference. 33. Therein, Plaintiff requests an extension of the April 22, 2022 deadline to conduct a joint scheduling conference by twenty-eight (28) days, up to and including May 20, 2022, because Defendants were only recently served with process on April 14, 2022, and none of Defendants have responded to Plaintiff's request to confer to prepare a Joint Scheduling Report. Id. at 2-3. The Court finds good cause for the timely request for an extension of time for the reasons set forth in Plaintiff's Motion. See Fed. R. Civ. P. 6(b). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion for Order Extending Deadline for Parties to Conduct Rule 26(f) Conference 33 is GRANTED. The Parties shall hold a scheduling conference on or before May 20, 2022. 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. Signed by Judge K. Michael Moore on 4/21/2022. |
| 04/20/2022 | Plaintiff's MOTION for Extension of Time Order extending deadline for parties to conduct Rule 26(f) conference re [8] Pretrial Order, by Fendi, S.r.l. Responses due by 5/4/2022 附件： 1:Exhibit Declaration of Stephen Gaffigan 2:Text of Proposed Order |
| 04/19/2022 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Fendi S.r.l's Motion to Extend Temporary Restraining Order ("TRO"). 31. Therein, Plaintiff argues that there is good cause to extend this Court's 13 Order granting Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets because this Court's TRO expires before the deadline for Defendants to file objections to United States Magistrate Judge Lurana S. Snow's 28 Report and Recommendation on Plaintiff's 6 Motion for a Preliminary Injunction. See generally 31. The Court finds good cause for an extension of the TRO for the reasons stated in Plaintiff's Motion. See Fed. R. Civ. P. 65(b)(2). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion to Extend Temporary Restraining Order 31 is GRANTED. The Court's 13 Order granting Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Order Restraining Transfer of Assets is EXTENDED by fourteen (14) days. Signed by Judge K. Michael Moore on 4/19/2022. |
| 04/19/2022 | Plaintiff's MOTION to Extend Temporary Restraining Order re [13] Order on Ex Parte Motion, by Fendi, S.r.l. 附件： 1:Text of Proposed Order Granting Plaintiff's Motion to Extend Temporary Rest |
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