最近更新:2024-10-12
2024-cv-22191
日期 | 描述 |
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09/23/2024 | FINAL DEFAULT JUDGMENT in favor of Brandon Metzger, Metzfab Industries, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A, PERMANENT INJUNCTION. Signed by Judge Rodolfo A. Ruiz, II on 9/23/2024. See attached document for full details. |
09/23/2024 | ORDER granting 54 Motion for Default Judgment. Signed by Judge Rodolfo A. Ruiz, II on 9/23/2024. See attached document for full details. |
08/27/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant Nos. 37 "BROODAY"; 59 "fwpr4577"; and 62 "passion-car" ("Notice"), [ECF No. 57]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant Nos. 37, 59, and 62 on Schedule "A" are hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 8/27/2024. |
08/26/2024 | NOTICE of Voluntary Dismissal of Defendant Nos. 37 (BROODAY), 59 (fwpr4577), and 62 (passion-car) by Brandon Metzger, Metzfab Industries, LLC |
08/19/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant Nos. 5 "BLACKWORKS RACING Store"; 9 "Cssport Racing Store"; and 33 "XUZHONG RACING Store" ("Notice"), [ECF No. 55]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant Nos. 5, 9, and 33 on Schedule "A" are hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 8/19/2024. |
08/19/2024 | NOTICE of Voluntary Dismissal of Defendant Nos. 5 (BLACKWORKS RACING Store), 9 (Cssport Racing Store), and 33 (XUZHONG RACING Store) by Brandon Metzger, Metzfab Industries, LLC |
08/12/2024 | Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Brandon Metzger, Metzfab Industries, LLC. 附件: 1:Declaration of James W. Lee 2:Exhibit 1 (Part 1 of 8) 3:Exhibit 1 (Part 2 of 8) 4:Exhibit 1 (Part 3 of 8) 5:Exhibit 1 (Part 4 of 8) 6:Exhibit 1 (Part 5 of 8) 7:Exhibit 1 (Part 6 of 8) 8:Exhibit 1 (Part 7 of 8) 9:Exhibit 1 (Part 8 of 8) 10:Exhibit 2 11:Text of Proposed Order Order on Motion for Entry of Final Default Judgment 12:(Text of Proposed Final Default Judgment and Permanent Injunction) |
08/12/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant No. 46 "jasperautoparts" ("Notice"), [ECF No. 52]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant No. 46 on Schedule "A" is hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 8/12/2024. |
08/12/2024 | NOTICE of Voluntary Dismissal of Defendant No. 46 (jasperautoparts) by Brandon Metzger, Metzfab Industries, LLC |
08/09/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant Nos. 38 "Coralisland"; 39 "CWDKJ"; 41 "DIYAREA"; and 44 "E-Vinko" ("Notice"), [ECF No. 50]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant Nos. 38, 39, 41, and 44 on Schedule "A" are hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 8/9/2024. |
08/09/2024 | NOTICE of Voluntary Dismissal of Defendant Nos. 38 (Coralisland), 39 (CWDKJ), 41 (DIYAREA), and 44 (E-Vinko) by Brandon Metzger, Metzfab Industries, LLC |
08/05/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant No. 52 "Tasan Racing" ("Notice"), [ECF No. 48]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant No. 52 on Schedule "A" is hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2024. |
08/05/2024 | NOTICE of Voluntary Dismissal of Defendant No. 52 (Tasan Racing) by Brandon Metzger, Metzfab Industries, LLC |
08/02/2024 | Civil Case Administratively Closed per DE [46] Order. Closing Case. |
08/02/2024 | Civil Case Administratively Closed per DE 46 Order. Closing Case. |
08/02/2024 | Clerk's Entry of Default as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A per Order Directing Clerk to Enter Default Re: 46 Order Directing Clerk to Enter Default. Signed by DEPUTY CLERK on 8/2/2024. |
08/02/2024 | Order Directing Clerk to Enter Default(s) as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. The Clerk is directed to CLOSE this case for administrative purposes only. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2024. See attached document for full details. |
08/02/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant Nos. 40 "CWTRLPC" and 50 "Qingdao Lijuzhenguojimaoyi Youxiangongsi" ("Notice"), [ECF No. 44]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant Nos. 40 and 50 on Schedule "A" are hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 8/2/2024. |
08/02/2024 | NOTICE of Voluntary Dismissal of Defendant Nos. 40 (CWTRLPC) and 50 (Qingdao Lijuzhenguojimaoyi Youxiangongsi) by Brandon Metzger, Metzfab Industries, LLC |
08/01/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant No. 49 "OVANOH" ("Notice"), [ECF No. 42]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant No. 49 on Schedule "A" is hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 8/1/2024. |
08/01/2024 | NOTICE of Voluntary Dismissal of Defendant No. 49 (OVANOH) by Brandon Metzger, Metzfab Industries, LLC |
07/31/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant Nos. 21 "Shop1102438373 Store"; 32 "TC.&Elec Platform Store"; 43 "EMOGW6"; and 64 "kanaroous" ("Notice"), [ECF No. 40]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant Nos. 21, 32, 43, and 64 on Schedule "A" are hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 7/31/2024. |
07/31/2024 | NOTICE of Voluntary Dismissal of Defendant Nos. 21 (Shop1102438373 Store), 32 (TC.&Elec Platform Store), 43 (EMOGW66), and 64 (kanaroous) by Brandon Metzger, Metzfab Industries, LLC |
07/30/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant No. 53 "Vehicle volume" ("Notice"), [ECF No. 38]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant Number 53 "Vehicle volume" on Schedule "A" is hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 7/30/2024. |
07/30/2024 | NOTICE of Voluntary Dismissal of Defendant No. 53 (Vehicle volume) by Brandon Metzger, Metzfab Industries, LLC |
07/29/2024 | PAPERLESS ORDER on Plaintiff's Notice of Voluntary Dismissal of Defendant No. 51 "Sineside" ("Notice"), [ECF No. 36]. The Court having reviewed the Notice, the record, and being otherwise fully advised, Defendant Number 51 "Sineside" on Schedule "A" is hereby DISMISSED from this action without prejudice. Signed by Judge Rodolfo A. Ruiz, II on 7/29/2024. |
07/29/2024 | NOTICE of Voluntary Dismissal of Defendant No. 51 (Sineside) by Brandon Metzger, Metzfab Industries, LLC |
07/25/2024 | ORDER of Dismissal as to Certain Defendant. The above-styled case is DISMISSED without prejudice as to Defendant "lyqltyshop" only. Signed by Judge Rodolfo A. Ruiz, II on 7/24/2024. See attached document for full details. |
07/24/2024 | NOTICE of Voluntary Dismissal of Defendant No. 61 (lyqltyshop) by Brandon Metzger, Metzfab Industries, LLC |
07/16/2024 | ORDER ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION re 5 Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order, Including a Temporary Injunction, a Temporary Transfer of the Defendant Internet Stores, a Temporary Asset Restraint, Expedited Discovery, and an Order to Show Cause as to Why filed by Brandon Metzger, Metzfab Industries, LLC Signed by Judge Rodolfo A. Ruiz, II on 7/16/2024. See attached document for full details. |
07/15/2024 | PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 7/15/2024. Order to follow. Attorney Appearance(s): Marshall Dore Louis, Court Reporter: Ilona Lupowitz, 305-523-5737 / Ilona_lupowitz@flsd.uscourts.gov. |
07/15/2024 | ORDER OF DISMISSAL AS TO CERTAIN DEFENDANT as to Defendant "Amazon.com (AISACATO)" only - case remains open. (Without Prejudice) Signed by Judge Rodolfo A. Ruiz, II on 7/12/2024. See attached document for full details. |
07/12/2024 | NOTICE of Compliance re 29 Order on Motion to Unseal Document. (All docket entries unsealed) |
07/12/2024 | ORDER granting 26 Motion to Unseal Document 26 Plaintiff's MOTION to Unseal Document. Signed by Judge Rodolfo A. Ruiz, II on 7/11/2024. See attached document for full details. |
07/11/2024 | 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): A Car Parts Store, ANX Marine Auto Parts Store, Auto Boat Accessories Store, Auto Product Store, BLACKWORKS RACING Store, Car Accessories Management Store, Car Accessory Online Store, Chuanhao Store, Cssport Racing Store, For your truck Store, Jetpower_autoparts Store, Mjqipei Store, Motosalechuang2023 Store, O-five Digital Store, RABUGU Store, R-EP Profession Store, Riseparts Store, sheng mu Store, Shop1102436385 Store, Shop1102436386 Store, Shop1102438373 Store, Shop1102440290 Store, Shop1102774914 Store, Shop1102812691 Store, Shop1102884071 Store, Shop1103058475 Store, Shop1103473130 Store, Shop2659131 Store, Shop2822079 Store, S-Medified Store, ST4BUGU Store, TC.&Elec Platform Store, XUZHONG RACING Store, YNX Shop-4 Store, ZN Autopart Store, BROODAY, Coralisland, CWDKJ, CWTRLPC, DIYAREA, Dong jiu yue-US, EMOGW66, E-Vinko, Gmelph, jasperautoparts, loyue, OVANOH, Qingdao Lijuzhenguojimaoyi Youxiangongsi, Sineside, Tasan Racing, Vehicle volume, Vvlsws, WAZWOY, zoulianshop, balaco2u, fwpr4577, jmcfac, lyqltyshop, passion-car, smart-international and kanaroous. |
07/11/2024 | Plaintiff's NOTICE of Filing Proposed Preliminary Injunction by Brandon Metzger, Metzfab Industries, LLC 附件: 1:Proposed Order on Plaintiff's Motion for Preliminary Injunction |
07/11/2024 | Plaintiff's MOTION to Unseal Document by Brandon Metzger, Metzfab Industries, LLC. Responses due by 7/25/2024. 附件: 1:Text of Proposed Order |
07/11/2024 | SUMMONS (Affidavit) Returned Executed on [1] Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Metzfab Industries, LLC, Brandon Metzger. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A served on 7/11/2024, response/answer due 8/1/2024. |
07/11/2024 | NOTICE of Voluntary Dismissal of Defendant No. 36 (Amazon.com (AISACATO)) by Brandon Metzger, Metzfab Industries, LLC |
07/10/2024 | PAPERLESS ORDER denying [22] Plaintiffs' Second Motion to Extend TRO and Reschedule Hearing on Preliminary Injunction Motion ("Motion"). On June 17, 2024, the Court entered a Sealed Order, [ECF No. 11], granting Plaintiffs' Ex Parte Application for Entry of Temporary Restraining Order ("TRO") and setting a preliminary injunction hearing for July 1, 2024. On June 27, 2024, Plaintiffs filed a Motion asking the Court to reschedule the preliminary injunction hearing to July 15, 2024 and to extend the ex parte TRO through the conclusion of that hearing. [ECF No. 18] at 1. The Court found good cause to extend Plaintiffs' ex parte TRO through July 15, 2024 and accordingly rescheduled the preliminary injunction hearing for the same day. See [ECF No. 20]. On July 10, 2024, Plaintiffs filed the instant Motion, in which Plaintiffs now seek, for the second time, to reschedule the preliminary injunction hearing to July 29, 2024 and to correspondingly extend their ex parte TRO through that date. Plaintiffs' Motion must be denied because it violates the plain terms of Fed. R. Civ. P. 65(b)(2). By its clear terms, Fed. R. Civ. P. 65(b)(2) states: "Every temporary restraining order issued without notice. expires at the time after entry--not to exceed 14 days--that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension[.]" Fed. R. Civ. P. 65(b)(2) (emphasis added). Indeed, "a TRO that is continued beyond the time permissible under Rule 65 should be treated as a preliminary injunction." Levine v. Comcoa Ltd., 70 F.3d 1191, 1193 (11th Cir. 1995) (citing Sampson v. Murray, 415 U.S. 61, 87 (1974)); see also H-D Michigan, LLC v. Hellenic Duty Free Shops S.A., 694 F.3d 827, 844-45 (7th Cir. 2012) (holding that, "for a TRO to be viable beyond the 28-day mark as a preliminary injunction, the order must comport with the formal requirements for a preliminary injunction"). Here, the Court has already extended Plaintiffs' TRO for an additional 14 days--a like period-- based on a finding of good cause. Further, there is no indication that the adverse parties have consented to any extension of the TRO beyond its 28-day maximum effective period. The Court is accordingly unable to extend Plaintiffs' ex parte TRO for an additional 14 days without converting the TRO into a preliminary injunction--and declines to do so. See Kay v. Individuals, Partnerships & Unincorporated Associations Identified on Schedule A, No. 23-CV-22755, 2023 WL 5333110, at *1 (S.D. Fla. Aug. 18, 2023) ("Federal Rule of Civil Procedure 65(b)(2) prohibits the Court from extending the TRO beyond an additional fourteen days."). The preliminary injunction hearing will remain as currently scheduled for July 15, 2024 at 11:00 A.M., and the ex parte TRO will expire at the conclusion of that hearing as previously ordered. Based on the foregoing, Plaintiffs' Motion, [ECF No. 22], is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 7/10/2024. |
07/10/2024 | Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Reschedule Hearing on Their Motion for Preliminary Injunction by Brandon Metzger, Metzfab Industries, LLC. 附件: 1:Declaration of James W. Lee 2:Text of Proposed Order |
07/01/2024 | Summons Issued as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. |
06/28/2024 | ORDER granting [18] Motion to Extend Ex Parte Temporary Restraining Order and Reschedule Hearing on their Motion for Preliminary Injunction. Telephonic Preliminary Injunction hearing is CONTINUED to July 15, 2024 at 11:00 A.M. Signed by Judge Rodolfo A. Ruiz II on 6/27/2024. See attached document for full details. |
06/28/2024 | NOTICE of Filing Proposed Summons(es) by Brandon Metzger, Metzfab Industries, LLC 附件: 1:Proposed Summons |
06/27/2024 | Plaintiff's MOTION to Extend Ex Parte Temporary Restraining Order and Reschedule Hearing on Their Motion for Preliminary Injunction by Brandon Metzger, Metzfab Industries, LLC. 附件: 1:Declaration of James W. Lee 2:Text of Proposed Order |
06/26/2024 | Clerks Receipt for deposit into the registry per order of the court (DE#11) received on 6/26/2024 in the amount of $ 5,000.00, receipt number FLS288441 by plaintiff. |
06/26/2024 | NOTICE of Attorney Appearance by Marshall Dore Louis on behalf of Brandon Metzger, Metzfab Industries, LLC. Attorney Marshall Dore Louis added to party Brandon Metzger(pty:pla), Attorney Marshall Dore Louis added to party Metzfab Industries, LLC(pty:pla). |
06/26/2024 | ORDER Of Dismissal As To Certain Defendants. The above-styled case is DISMISSED without prejudice as to Defendants "Notonparts" and "will be ok" only. Signed by Judge Rodolfo A. Ruiz, II on 6/25/2024. See attached document for full details. |
06/25/2024 | NOTICE of Voluntary Dismissal of Defendant No. 56 (will be ok) by Brandon Metzger, Metzfab Industries, LLC |
06/25/2024 | NOTICE of Voluntary Dismissal of Defendant No. 48 (Notonparts) by Brandon Metzger, Metzfab Industries, LLC |
06/17/2024 | SYSTEM ENTRY - Docket Entry 12 [order] restricted/sealed until further notice. |
06/17/2024 | SYSTEM ENTRY - Docket Entry 11 [order] restricted/sealed until further notice. |
06/14/2024 | SYSTEM ENTRY - Docket Entry 10 [misc] restricted/sealed until further notice. (1449442) |
06/14/2024 | PAPERLESS ORDER directing Plaintiffs to File Under Seal "Schedule A" listing Defendants. On June 6, 2024, Plaintiffs Metzfab Industries LLC ("Metzfab") and Brandon Metzger ("Metzger"), collectively ("Plaintiffs"), filed a Complaint for Damages and Injunctive Relief ("Complaint"), 1. On June 11, 2024, Plaintiffs moved ex parte for entry of a temporary restraining order ("TRO Motion") against the Defendants identified on Schedule A ("Defendants") and an entry of an order restraining the financial accounts used by Defendants. See 5. Plaintiffs also filed a Motion for an Order Authorizing Alternative Service of Process upon those same Defendants, 6, and a Motion to File Under Seal seeking leave "to file under seal Schedule A to Plaintiffs' Complaint, which identifies the Defendants." 7 at 1. The Court granted the latter Motion on the same day. See 8. To date, Plaintiffs have yet to file Schedule A under seal, nor is Schedule A appended to Plaintiffs' Sealed TRO Motion, as a typical plaintiff seeking such relief would ordinarily do. Accordingly, Plaintiffs are directed to file Schedule A under seal on or before June 21, 2024. Failure to timely comply with this Order will result in dismissal of this action for failure to prosecute and failure to follow court orders without further notice. The Court will take no further action on Plaintiffs' pending motions until Plaintiffs have complied with this Order. Signed by Judge Rodolfo A. Ruiz, II on 6/14/2024. |
06/11/2024 | ORDER granting [7] Motion to Seal. Signed by Judge Rodolfo A. Ruiz, II on 6/11/2024. See attached document for full details. |
06/11/2024 | Plaintiff's MOTION to Seal per Local Rule 5.4 by Brandon Metzger, Metzfab Industries, LLC. 附件: 1:Text of Proposed Order |
06/11/2024 | Order |
06/11/2024 | Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Brandon Metzger, Metzfab Industries, LLC |
06/07/2024 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK 附件: 1:Complaint 2:(Exhibit 1) (nan) |
06/06/2024 | Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. |
06/06/2024 | COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-17588121, filed by Metzfab Industries, LLC, Brandon Metzger. 附件: 1:Exhibit 1 2:Civil Cover Sheet |