最近更新：2025-01-15
2025-cv-20162
| 日期 | 描述 |
|---|---|
| 03/13/2025 | PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default as to Defendant PUMPMUSCLE. [35]. 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 Defendant. Plaintiff's Motion should include what Counts from the Complaint that Plaintiff alleges against the defaulting Defendant, and affidavits detailing corresponding damages. "Damages may be awarded only if the record adequately reflects the basis for award via. 'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiff must also submit an appropriate proposed order so as to conform its submission to the Southern District of Florida Local Rules. Signed by Judge K. Michael Moore on 3/13/2025. (cr00) |
| 03/11/2025 | Clerk's Entry of Default as to PUMPMUSCLE - Motions Terminated: [33] Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 3/11/2025. |
| 03/12/2025 | PAPERLESS ORDER ADOPTING 31 REPORT AND RECOMMENDATION. THIS CAUSE came before the Court upon Plaintiff Believe Pursue LLC's Motion for Preliminary Injunction. 12. The Court referred the matter to the Honorable Marty Fulgueira Elfenbein, 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. (ECF No. 14) at 11. On February 20, 2025, Magistrate Judge Elfenbein held an evidentiary hearing that was attended only by counsel for Plaintiff, despite Defendants' receiving notice of the hearing. See (ECF Nos. 17, 22, 30). On February 24, 2025, Magistrate Judge Elfenbein issued a Report and Recommendation, 31, recommending that Plaintiff's Motion for Preliminary Injunction, 12, be granted. See generally 31. No objections to the 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 (ECF Nos. 17, 22, 30). In the Report and Recommendation, Magistrate Judge Elfenbein 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 31. Accordingly, Magistrate Judge Elfenbein recommends that Plaintiff's Motion for Preliminary Injunction 12 be granted and that a preliminary injunction be entered in the form set forth in the Report and Recommendation. Id. at 6-10. This Court agrees. Accordingly, UPON CONSIDERATION of the Motion, the 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 Elfenbein's Report and Recommendation 31 is ADOPTED and Plaintiff's Motion for Preliminary Injunction 12 is GRANTED. It is further ORDERED that the recommended preliminary injunction set forth in the Report and Recommendation, 31 at 6-10, 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 Report and Recommendation, to remain in effect during the pendency of this action. Signed by Judge K. Michael Moore on 3/12/2025. (cr00) |
| 03/11/2025 | MOTION for Clerk's Entry of Default as to PUMPMUSCLE by Believe Pursue LLC. 附件： 1:Affidavit Declaration of Nicole Fundora ISO Request for Entry of Clerk's De |
| 02/24/2025 | CERTIFICATE OF SERVICE by Believe Pursue LLC re 31 REPORT AND RECOMMENDATIONS re 12 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, and Expedited Discove 附件： 1:(Exhibit Schedule A - list of Defendants served) |
| 02/24/2025 | REPORT AND RECOMMENDATION re 12 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, and Expedited Discovery filed by Believe Pursue LLC Recommending the motion be GRANTED. Objections to R&R due by 3/10/2025 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 2/21/2025. See attached document for full details. |
| 02/20/2025 | PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Preliminary Injunction Hearing held on 2/20/2025 via Zoom re ECF No. [12]. The Court heard from Plaintiff; reasons stated on the record. Defendant did not appear for the hearing. The Court noted that, despite being served with the Order Setting Hearing, the Defendant did not file a response to the Motion for Preliminary Injunction as required by the Court's Order. The Court will take the matter under advisement. Report and Recommendation to follow. Total time in court: 10 minutes. Attorney Appearance(s): Nicole Fundora and Alexandra Victoria Williams (counsel for the Plaintiff) (Digital 13:21:26; MFE_01-02-20-2025) (Digital 13:21:26; MFE_01-02-20-2025) (ogn1) |
| 02/19/2025 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Unseal. 24. Therein, Plaintiff requests that the Court enter an order "unsealing all documents that have been restricted/sealed from the Court docket and returning all portions of the Court file to the public records." Id. 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 the Motion 24 is GRANTED. The Clerk of Court is INSTRUCTED to UNSEAL all docket entries in this case. Signed by Judge K. Michael Moore on 2/19/2025. (cr00) |
| 02/19/2025 | NOTICE of Attorney Appearance by Alexandra Victoria Williams on behalf of Believe Pursue LLC. Attorney Alexandra Victoria Williams added to party Believe Pursue LLC(pty:pla). |
| 02/18/2025 | Plaintiff's NOTICE of Filing Proposed Report and Recommendation on Plaintiff's Motion for Preliminary Injunction by Believe Pursue LLC 附件： 1:Text of Proposed Order |
| 02/18/2025 | NOTICE of Striking [25] Notice (Other) filed by Believe Pursue LLC by Believe Pursue LLC |
| 02/18/2025 | Plaintiff's NOTICE of Filing Proposed Report and Recommendation on Plaintiff's Motion for Preliminary Injunction by Believe Pursue LLC 附件： 1:Text of Proposed Order |
| 02/14/2025 | Plaintiff's MOTION to Unseal Case by Believe Pursue LLC. Responses due by 2/28/2025. 附件： 1:Text of Proposed Order |
| 02/14/2025 | 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): PUMPMUSCLE. |
| 02/14/2025 | SUMMONS (Affidavit) Returned Executed on [11] Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Believe Pursue LLC. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A served on 2/14/2025, response/answer due 3/7/2025. |
| 02/11/2025 | Clerks Receipt for Bond received on 2/11/2025 in the amount of $ 5,000.00, receipt number 298430. |
| 02/11/2025 | NOTICE of Posting Bond by Believe Pursue LLC. |
| 02/11/2025 | NOTICE of Attorney Appearance by Leigh Benjamin Salomon on behalf of Believe Pursue LLC. Attorney Leigh Benjamin Salomon added to party Believe Pursue LLC(pty:pla). |
| 02/07/2025 | Order |
| 02/06/2025 | Summons Issued as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. |
| 02/06/2025 | Order |
| 02/06/2025 | Notice of Filing Proposed Summons(es) |
| 02/05/2025 | SYSTEM ENTRY - Docket Entry 14 [order] restricted/sealed until further notice. |
| 01/29/2025 | SYSTEM ENTRY - Docket Entry 13 [motion] restricted/sealed until further notice. (1857863) |
| 01/29/2025 | SYSTEM ENTRY - Docket Entry 12 [motion] restricted/sealed until further notice. (1857863) |
| 01/29/2025 | Order |
| 01/24/2025 | AMENDED COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A, filed by Believe Pursue LLC. 附件： 1:(Exhibit Patent registration) |
| 01/16/2025 | SYSTEM ENTRY - Docket Entry 10 [misc] restricted/sealed until further notice. (1857863) |
| 01/15/2025 | ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/15/2025. See attached document for full details. |
| 01/15/2025 | ORDER granting 5 Motion to Seal. Signed by Judge K. Michael Moore on 1/15/2025. See attached document for full details. (cr00) |
| 01/14/2025 | PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. � 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 1/14/2025. (cr00) |
| 01/14/2025 | PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 1/14/2025. (cr00) |
| 01/13/2025 | Plaintiff's MOTION to Seal Schedule A to Complaint per Local Rule 5.4 by Believe Pursue LLC. 附件： 1:Text of Proposed Order |
| 01/13/2025 | Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Believe Pursue LLC |
| 01/13/2025 | FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK |
| 01/10/2025 | Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. 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. |
| 01/10/2025 | COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A. Filing fees $ 405.00 receipt number AFLSDC-18110151, filed by Believe Pursue LLC. 附件： 1:Exhibit 1 2:Exhibit 2 3:(Civil Cover Sheet) |
