ADJ 26, LLC et al v. Gigi et al

Docket(#102) ACKNOWLEDGMENT OF RECEIPT as to #13 Order on Motion for Temporary Restraining Order, Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction, Order on Motion for Miscellaneous Relief, Order on Sealed Report and Recommendations. (jao) (Entered: 12/03/2021)

Docket(#101) PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Motion Hearing held on 11/29/2021 re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order filed by FUME, LLC, ADJ 26, LLC. Parties requesting that the Court takes Judicial Notice of Affidavits of Direct testimony of witnesses that was taken during their hearing before Judge Dimitrouleas (Prelim Injunction Hearing) Plaintiff's Witness: Eric Berger testified. Plaintiff's Exhibits 16,17,18,23,24,25,25(b),27,28,30 Admitted. Cross-Examined by Defense Counsel. Plaintiff's Witness: Paul Ratzenberg testified. Plaintiff's Exhibits 14,14(b),15,15(b),19,19(b),20,20(b),31,31(b),45 were admitted. Cross-Examined by Defense Counsel. Plaintiff's Witness: Moshe Ohayon testified. Plaintiff's Exhibits 12,13 were admitted. Cross-examined by Defense Counsel. Plaintiff's Witness: Joseph Tempelberg testified. Plaintiff's Exhibits 1,3,4,5,6,7,8,10,11,34,35 were admitted. Defendant's Exhibit 16 was admitted during Plaintiff's Witness testimony. Cross-Examined by Defense Counsel. Plaintiff's Exhibit 21 was admitted during defendant's Cross-Examination of the Plaintiff's Witness Mr. Tempelberg. Plaintiff's Witness: Israel Gigi testified. Cross-examined and Direct Testimony by Defense Counsel of Israel Gigi. Defendant's Exhibits 20,21,22,24,26,28 were admitted. Plaintiff's Witness: Yakov Zroya testified. Cross-Examined by Defense Counsel. Defendant's Exhibit 27 admitted. Defendant's Witness: Orit Deverell testified. Cross-Examined by Plaintiff's Counsel. Plaintiff's Exhibits 37,38,43,44 were admitted. Court request that Plaintiffs and Defendants file their Proposed Findings of Facts, and Conclusion of Law by December 16, 2021. Attorney Appearance(s): Attorneys for the Plaintiffs: Christopher S. Ayres, Mark W. Stout, Yaniv Adar, Attorneys for the Defendants: Justin B. Levine, Lizza Carola Constantine, Todd M. Kurland, Defendants Yakov Zroya and Israel Gigi also present in Court. Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (at) (Entered: 11/30/2021)

Docket(#100) STIPULATION re Preliminary Injunction Hearing - Undisputed Facts by Israel Isaac Gigi, Yakov Zroya (Levine, Justin) (Entered: 11/29/2021)

Docket(#99) Clerks Notice to Filer re #98 Stipulation. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jao) (Entered: 11/29/2021)

Docket(#98) STIPULATION Joint Preliminary injunction Hearing Stipulation of Undisputed Facts by Israel Isaac Gigi, Yakov Zroya (Constantine, Lizza) (Entered: 11/28/2021)

Docket(#97) RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order filed by Israel Isaac Gigi, Yakov Zroya. Replies due by 11/30/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Levine, Justin) (Entered: 11/23/2021)

Docket(#96) NOTICE of Compliance with Court Order DE-60 by Israel Isaac Gigi, Yakov Zroya (Constantine, Lizza) (Entered: 11/23/2021)

Docket(#95) NOTICE by Israel Isaac Gigi, Yakov Zroya of Filing Individual Defendants' Exhibits (Attachments: #1 Exhibit D1, #2 Exhibit D2, #3 Exhibit D3, #4 Exhibit D4, #5 Exhibit D5, #6 Exhibit D6, #7 Exhibit D7, #8 Exhibit D8, #9 Exhibit D9, #10 Exhibit D10, #11 Exhibit D11, #12 Exhibit D12, #13 Exhibit D13, #14 Exhibit D14, #15 Exhibit D15, #16 Exhibit D16, #17 Exhibit D17, #18 Exhibit D18, #19 Exhibit D19, #20 Exhibit D20, #21 Exhibit D21, #22 Exhibit D22, #23 Exhibit D23, #24 Exhibit D24, #25 Exhibit D25, #26 Exhibit D26, #27 Exhibit D27, #28 Exhibit D28, #29 Exhibit D29) (Constantine, Lizza) (Entered: 11/20/2021)

Docket(#94) NOTICE by ADJ 26, LLC, FUME, LLC re #93 Notice (Other) of Filing Plaintiffs' Exhibits (Attachments: #1 Exhibit P-1 - Fume LLC's Amended and Restated Operating Agreement dated December 16, 2020, #2 Exhibit P-2 - Key Sections of the Amended and Restated Operating Agreement, #3 Exhibit P-3 - Assignment of Membership Interests dated December 16, 2020, #4 Exhibit P-4 - Distribution Report for Zroya, #5 Exhibit P-5 - Distribution Report for Gigi, #6 Exhibit P-6 - Check for Luxury Watches, #7 Exhibit P-7 - $6 Million Cashier's Check dated July 2, 2021, #8 Exhibit P-8 - July 2, 2021 E-mail to Fume's Bank, #9 Exhibit P-9 - Withdrawal Slip for Cashier's Check dated July 2, 2021, #10 Exhibit P-10 - Demand Letter for Return of Funds dated July 2, 2021, #11 Exhibit P-11 - Notice of Removal to Gigi and Zroya dated July 2, 2021, #12 Exhibit P-12 - Video of Atlantic City Tradeshow (Placeholder Picture), #13 Exhibit P-13 - Real Distribution Business Card from Atlantic City Tradeshow, #14 Exhibit P-14 - R&L Carriers Shipping Document, #15 Exhibit P-14a - Rosh Hashana Warehouse Video (Picture Placeholder), #16 Exhibit P-15 - Real Distribution, LLC Invoices to Fume, LLC, #17 Exhibit P-15b - Summary of the Real Distribution, LLC Invoices, #18 Exhibit P-16 - Certified Copy of Real Distribution Electronic Articles of Incorporation, #19 Exhibit P-17 - BFL Metals Invoices, #20 Exhibit P-18 - Afex Logistics Invoices, #21 Exhibit P-19 - BLF Metals Wire Transfer Discrepancy Chart, #22 Exhibit P-19b - BFL Metals Summary Chart, #23 Exhibit P-20 - I&K Wholesale Open Invoices (Kobi Myrtle Beach), #24 Exhibit P-20b - Summary of I&K Wholesale Invoices, #25 Exhibit P-21 - Joseph Isaacoff Distribution Chart, #26 Exhibit P-22 - Taj Wholesale, LLC Undercover Purchase Documents, #27 Exhibit P-23 - Taj Wholesale, LLC Purchase Pictures, #28 Exhibit P-24 - Real Distribution LLC Undercover Purchase Documents, #29 Exhibit P-25 - Real Distribution, LLC Surveillance Photos (Part 1), #30 Exhibit P-25 - Real Distribution, LLC Surveillance Photos (Part 2), #31 Exhibit P-26 - Real Distribution, LLC Returned Wire, #32 Exhibit P-27 - Zulu Vapes Investigation Report, #33 Exhibit P-28 - Defendants Assistant E-mails, #34 Exhibit P-29 - Fume Articles of Incorporation, #35 Exhibit P-30 - Afex Logistics, LLC Corporate Documents, #36 Exhibit P-31 - Comparative Invoices I&K Wholesale v. Up in Smoke, #37 Exhibit P-31b - Summary of I&K Wholesale Self-Given Discounts, #38 Exhibit P-32 - Zulu Vapes and Zulu Hemp Website Screenshots, #39 Exhibit P-33 - Surveillance at 2500 S. Park Road, #40 Exhibit P-34 - Fume Extra Trademark Registration, #41 Exhibit P-35 - Fume Product Example Pictures, #42 Exhibit P-36 - Fume Stylized Mark Registration, #43 Exhibit P-37 - Fume Inventory Photos, #44 Exhibit P-38 - Fume Trademark Registration Certificate, #45 Exhibit P-39 - Fume Logo Trademark Registration, #46 Exhibit P-40 - Confirmation of Filing for Incontestability, #47 Exhibit P-41 - Fume Mark Application Page, #48 Exhibit P-42 - DE 78 Findings of Fact and Conclusions of Law from Real Distribution, LLC Preliminary Injunction Hearing, #49 Exhibit P-43 - October 28, 2021 Hearing Transcript, #50 Exhibit P-44 - November 1, 2021 Hearing Transcript) (Adar, Yaniv) (Entered: 11/19/2021)

Docket(#93) NOTICE by ADJ 26, LLC, FUME, LLC re #60 Order Setting Hearing on Motion,, Set/Reset Deadlines, JOINT NOTICE OF FILING FOR PRELIMINARY INJUNCTION HEARING ON NOVEMBER 29, 2021 (Adar, Yaniv) (Entered: 11/19/2021)

Docket(#10) ORDER Granting #3 Motion to Seal. Signed by Judge William P. Dimitrouleas on 10/12/2021. See attached document for full details. (nc) (Entered: 10/13/2021)

Docket(#9) Clerk's Notice of Filing Deficiency Re: #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction MOTION Seizure Order filed by FUME, LLC, ADJ 26, LLC. Document(s) missing required original signature(s) (Fed.R.Civ.P. 11(a)). (nc) (Entered: 10/12/2021)

Docket(#8) AMENDED EMERGENCY EX PARTE MOTION for Temporary Restraining Order, Preliminary Injunction, Seizure Order and Permanent Injunction by ADJ 26, LLC, FUME, LLC. ( Responses due by 10/26/2021) (Attachments: #1 Exhibit A-F, #2 Text of Proposed Order)(nc) (Entered: 10/12/2021)

Docket(#7) Clerks Notice of Receipt of Filing Fee received on 10/8/2021 in the amount of $402.00, receipt number FLS100238060 (mc) (Entered: 10/08/2021)

Docket(#6) Clerk's Notice of Filing Deficiency Re: #1 Complaint, #3 MOTION for Order to File Under Seal, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by FUME, LLC, ADJ 26, LLC. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (mc) (Entered: 10/08/2021)

Docket(#5) FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: #1 Complaint) (mc) (Entered: 10/08/2021)

Docket(#4) MOTION for Temporary Restraining Order, Preliminary Injunction, Seizure Order, and Permanent Injunction by ADJ 26, LLC, FUME, LLC. (Attachments: #1 Exhbit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(mc) (Entered: 10/08/2021)

Docket(#3) MOTION for Order to File Under Seal by ADJ 26, LLC, FUME, LLC. (Attachments: #1 Text of Proposed Order)(mc) (Entered: 10/08/2021)

Docket(#2) Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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. (mc) (Entered: 10/08/2021)

Docket(#1) COMPLAINT, Application for Ex Parte Temporary Restraining Order, Seizure Order, Temporary Injunction, and Permanent Injunction against Israel Isaac Gigi, Real Distribution, LLC, Yakov Zroya. Filing fees $ 402.00, filed by ADJ 26, LLC, FUME, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(mc) (Entered: 10/08/2021)