Hanes Caribe, Inc. v. Global Manufacturers and Contractors, S.A.

Federal Civil Lawsuit Florida Southern District Court, Case No. 1:16-cv-21942
District Judge Darrin P. Gayles, presiding
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District Judge Darrin P. Gayles
Last Updated July 28, 2025 at 7:55 PM EDT (8.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Hanes Caribe, Inc., Plaintiff

Represented by Kilpatrick Townsend & Stockton, LLP

Name Phone Fax E-Mail
Space Stephen R. Berlin +1 336 607 7304 +1 336 734 2614 sberlin@kilpatricktownsend.com
Space Dustin Timothy Greene +1 336 607 7432 +1 336 734 2612 dgreene@kilpatricktownsend.com
Space Jason M. Wenker +1 336 607 7416 +1 336 734 2652 jwenker@kilpatricktownsend.com

Represented by Kluger, Kaplan, Silverman, Katzen & Levine, P.L.

Name Phone Fax E-Mail
Space Richard Bec +1 305 854 0900 +1 855 854 0900 rbec@etlaw.com
Space Elio F. Martinez, Jr. +1 305 854 0900 +1 855 854 0900 emartinez@etlaw.com
v.
No Logo Global Manufacturers & Contractors, S.A., Defendant

Represented by Fowler White Boggs, PA

Name Phone Fax E-Mail
Space Luis Sergio Konski +1 305 789 9200 +1 305 760 8510 lkonski@fowler-white.com

Represented by McNees Wallace & Nurick, LLC

Name Phone Fax E-Mail
Space Donald B. Kaufman +1 717 232 8000 + 717 237 5300 dkaufman@mwn.com

Represented by Shutts & Bowen, LLP

Name Phone Fax E-Mail
Space Kristin Drecktrah Paz +1 305 379 9138 +1 305 347 7885 kpaz@shutts.com
Attributes
Nature of Suit 896 - Other Statutes: Arbitration
Cause Section 28 U.S.C. § 1331 Federal Question
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Timeline
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Legal Document (Payment Possibly Required) 52 Filed: 7/14/2016, Entered: 7/14/2016 Court Filing
TRANSCRIPT of Telephonic Status Conference held on 06/30/16 before Judge Darrin P. Gayles, 1-14 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/8/2016. Redacted Transcript Deadline set for 8/18/2016. Release of Transcript Restriction set for 10/17/2016. (pdz)
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Blank 51 Filed: 6/30/2016, Entered: 6/30/2016
ENDORSED ORDER granting 49 Motion to Stay for the reasons stated on the record at the June 30, 2016, Status Conference. This action is stayed pending the conclusion of the action styled Hanes Caribe, Inc. v. Global Manufacturers and Contractors, S.A., No. 1:15-cv-00972, in the United States District Court for the Middle District of North Carolina, including its related appeals. This action is closed for administrative purposes. (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Blank 50 Filed: 6/29/2016, Entered: 6/29/2016 Court Filing
ENDORSED ORDER Setting Status Conference: Telephonic Status Conference set for 6/30/2016 03:00 PM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles on 6/29/2016. (hs01)
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Legal Document (Payment Possibly Required) 49 Filed: 6/28/2016, Entered: 6/28/2016
MOTION to Stay Based on Pendency of Prior Action and Memorandum of Law by Global Manufacturers and Contractors, S.A.. Responses due by 7/15/2016 (Attachments: # 1 Exhibit A - Hearing Transcript Excerpt, # 2 Exhibit B - Proposed Order)(Paz, Kristin) Modified title text on 6/29/2016 (asl).
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Legal Document (Payment Possibly Required) 48 Filed: 6/28/2016, Entered: 6/28/2016
NOTICE by Global Manufacturers and Contractors, S.A. of Filing Plaintiff's Notice of Appeal in Related Case (Attachments: # 1 Exhibit A - Notice of Appeal) (Paz, Kristin)
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Legal Document (Payment Possibly Required) 47 Filed: 6/28/2016, Entered: 6/28/2016 Court Filing
TRANSCRIPT of Motion Hearing held on 06/15/16 before Judge Darrin P. Gayles, 1-70 pages, Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/22/2016. Redacted Transcript Deadline set for 8/1/2016. Release of Transcript Restriction set for 9/29/2016. (pdz)
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Legal Document (Payment Possibly Required) 46 Filed: 6/27/2016, Entered: 6/27/2016
REPLY to Response to Motion re 34 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, filed by Global Manufacturers and Contractors, S.A.. (Attachments: # 1 Exhibit A - 684.30, Fla. Stat., # 2 Exhibit B - HB 775 Analysis, # 3 Exhibit C - Apaid Declaration)(Paz, Kristin)
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Blank 45 Filed: 6/20/2016, Entered: 6/20/2016 Court Filing
ENDORSED ORDER denying 44 Defendant's Motion for Leave to File a Sur-Reply. Signed by Judge Darrin P. Gayles (DPG)
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Legal Document (Payment Possibly Required) 44 Filed: 6/20/2016, Entered: 6/20/2016
MOTION for Leave to File Sur-Reply to Plaintiff's Reply in Support of Its Motion for Temporary Restraining Order and Preliminary Injunction by Global Manufacturers and Contractors, S.A.. (Attachments: # 1 Exhibit A - Haitian "Brief", # 2 Exhibit B - Apaid Declaration from M.D.N.C. Case, # 3 Exhibit C - Proposed Order)(Paz, Kristin)
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Legal Document (Payment Possibly Required) 43 Filed: 6/17/2016, Entered: 6/17/2016
NOTICE by Hanes Caribe, Inc. re 6 MOTION for Temporary Restraining Order and Preliminary Injuction MOTION for Preliminary Injunction, 41 Reply to Response to Motion, 8 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,, (Affidavit of Gemma Anglade) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Martinez, Elio)
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Legal Document (Payment Possibly Required) 42 Filed: 6/17/2016, Entered: 6/17/2016
MEMORANDUM in Opposition re 34 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, filed by Hanes Caribe, Inc.. Replies due by 6/27/2016. (Attachments: # 1 Exhibit A)(Martinez, Elio) Modified title text on 6/20/2016 (asl).
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Legal Document (Payment Possibly Required) 41 Filed: 6/17/2016, Entered: 6/17/2016
REPLY to Response to Motion re 6 MOTION for Temporary Restraining Order and Preliminary Injuction MOTION for Preliminary Injunction (Reply in Support) filed by Hanes Caribe, Inc.. (Martinez, Elio)
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Legal Document (Payment Possibly Required) 40 Filed: 6/17/2016, Entered: 6/17/2016
NOTICE by Hanes Caribe, Inc. re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support (of Filing Affidavit of Elio F. Martinez, Jr.) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Martinez, Elio)
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Blank 39 Filed: 6/15/2016, Entered: 6/15/2016 Court Filing
Minute Order for proceedings held before Judge Darrin P. Gayles: Evidentiary Hearing held on 6/15/2016. Counsel for both sides present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov (hs01)
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Legal Document (Payment Possibly Required) 38 Filed: 6/14/2016, Entered: 6/14/2016
NOTICE by Hanes Caribe, Inc. re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support (Additional Affidavit of Atalia Cardenas) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Martinez, Elio)
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Legal Document (Payment Possibly Required) 37 Filed: 6/14/2016, Entered: 6/14/2016
NOTICE by Hanes Caribe, Inc. re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support (Addiational Affidavit of Michael J. Kehoe) (Martinez, Elio)
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Legal Document (Payment Possibly Required) 36 Filed: 6/13/2016, Entered: 6/13/2016
NOTICE by Global Manufacturers and Contractors, S.A. re 34 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, of Filing Corrected Exhibit A (Attachments: # 1 Exhibit A - Apaid Declaration (Corrected)) (Paz, Kristin)
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Legal Document (Payment Possibly Required) 35 Filed: 6/13/2016, Entered: 6/13/2016
RESPONSE in Opposition re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support filed by Global Manufacturers and Contractors, S.A.. Replies due by 6/23/2016. (Attachments: # 1 Exhibit A - North Carolina Docket)(Paz, Kristin)
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Legal Document (Payment Possibly Required) 34 Filed: 6/13/2016, Entered: 6/13/2016
MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, and Memorandum of Law by Global Manufacturers and Contractors, S.A.. Responses due by 6/30/2016 (Attachments: # 1 Exhibit A - Apaid Declaration, # 2 Exhibit B - Succar Declaration, # 3 Exhibit C - Agreement)(Paz, Kristin) Modified title text on 6/13/2016 (asl).
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Legal Document (Payment Possibly Required) 33 Filed: 6/13/2016, Entered: 6/13/2016
CERTIFICATE OF SERVICE by Hanes Caribe, Inc. re 17 MOTION for Temporary Restraining Order (Granting Temporary Restraining Order) (2nd Affidavit of Service by Mail Pursuant to Court Order on Defendant in Haiti) (Martinez, Elio)
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Legal Document (Payment Possibly Required) 32 Filed: 6/10/2016, Entered: 6/10/2016
SUMMONS (Affidavit) Returned Executed for Service Abroad by Hanes Caribe, Inc.. Global Manufacturers and Contractors, S.A. served on 6/4/2016, answer due 6/27/2016. (Martinez, Elio)
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Blank 31 Filed: 6/8/2016, Entered: 6/8/2016 Court Filing
ENDORSED ORDER granting 27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Dustin T. Greene is permitted to appear before this Court on behalf of Plaintiff Hanes Caribe, Inc., for all purposes relating to this action. The Clerk is directed to provide notice of electronic filings to Mr. Greene at dgreene@kilpatricktownsend.com. Signed by Judge Darrin P. Gayles (hs01)
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Blank 30 Filed: 6/8/2016, Entered: 6/8/2016 Court Filing
ENDORSED ORDER granting 24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Donald B. Kaufman is permitted to appear before this Court on behalf of Defendant Global Manufacturers and Contractors, S.A., for all purposes relating to this action. The Clerk is directed to provide notice of electronic filings to Mr. Kaufman at dkaufman@mwn.com. Signed by Judge Darrin P. Gayles (hs01)
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Blank 29 Filed: 6/8/2016, Entered: 6/8/2016 Court Filing
ENDORSED ORDER granting 23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Stephen R. Berlin is permitted to appear before this Court on behalf of Plaintiff Hanes Caribe, Inc., for all purposes related to this action. The Clerk is directed to provide notice of electronic filings to Mr. Berlin at sberlin@kilpatricktownsend.com. Signed by Judge Darrin P. Gayles (hs01)
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Blank 28 Filed: 6/8/2016, Entered: 6/8/2016 Court Filing
ENDORSED ORDER granting 22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Jason M. Wenker is permitted to appear before this Court on behalf of Plaintiff Hanes Caribe, Inc., for all purposes related to this action. The Clerk is directed to provide notice of electronic filings to Mr. Wenker at jwenker@kilpatricktownsend.com. Signed by Judge Darrin P. Gayles (hs01)
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Legal Document (Payment Possibly Required) 27 Filed: 6/8/2016, Entered: 6/8/2016
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dustin T. Greene. Filing Fee $ 75.00 Receipt # 113C-8807172 by Hanes Caribe, Inc.. Responses due by 6/27/2016 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Martinez, Elio)
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Blank 26 Filed: 6/8/2016, Entered: 6/8/2016 Court Filing
ENDORSED ORDER RESETTING Hearing on Motion 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support : Motion Hearing RESET for 6/15/2016 at 9:30 AM before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 6/8/2016. (hs01)
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Blank 25 Filed: 6/7/2016, Entered: 6/7/2016 Court Filing
Notice regarding June 14, 2016, hearing. The Court has set aside 2 hours for the hearing. The parties may present evidence. Signed by Judge Darrin P. Gayles (hs01)
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Legal Document (Payment Possibly Required) 24 Filed: 6/7/2016, Entered: 6/7/2016
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Donald Kaufman. Filing Fee $ 75.00 Receipt # 113C-8804700 by Global Manufacturers and Contractors, S.A.. Responses due by 6/24/2016 (Attachments: # 1 Exhibit Certification Regarding Motion to Appear Pro Hac Vice, # 2 Exhibit Proposed Order on Motion to Appear Pro Hac Vice)(Konski, Luis)
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Legal Document (Payment Possibly Required) 23 Filed: 6/7/2016, Entered: 6/7/2016
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stephen R. Berlin. Filing Fee $ 75.00 Receipt # 113C-8803983 by Hanes Caribe, Inc.. Responses due by 6/24/2016 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Martinez, Elio)
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Legal Document (Payment Possibly Required) 22 Filed: 6/7/2016, Entered: 6/7/2016
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason M. Wenker. Filing Fee $ 75.00 Receipt # 113C-8803931 by Hanes Caribe, Inc.. Responses due by 6/24/2016 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Martinez, Elio)
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Blank 21 Filed: 6/6/2016, Entered: 6/6/2016
Clerks Notice to Filer re 17 MOTION for Temporary Restraining Order (Granting Temporary Restraining Order). Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ra)
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Legal Document (Payment Possibly Required) 20 Filed: 6/6/2016, Entered: 6/6/2016
NOTICE of Attorney Appearance by Kristin Drecktrah Paz on behalf of Global Manufacturers and Contractors, S.A.. Attorney Kristin Drecktrah Paz added to party Global Manufacturers and Contractors, S.A.(pty:dft). (Paz, Kristin)
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Legal Document (Payment Possibly Required) 19 Filed: 6/6/2016, Entered: 6/6/2016
NOTICE of Attorney Appearance by Luis Sergio Konski on behalf of Global Manufacturers and Contractors, S.A.. Attorney Luis Sergio Konski added to party Global Manufacturers and Contractors, S.A.(pty:dft). (Konski, Luis)
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Blank 18 Filed: 6/6/2016, Entered: 6/6/2016 Court Filing
ENDORSED ORDER Setting Hearing on Motion 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support : Motion Hearing set for 9:30 AM on June 14, 2016, before Judge Darrin P. Gayles. Plaintiff shall provide notice of the hearing to Defendant's North Carolina counsel within one day of the date of this Order. Signed by Judge Darrin P. Gayles (hs01)
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Legal Document (Payment Possibly Required) 17 Filed: 6/6/2016, Entered: 6/6/2016
MOTION for Temporary Restraining Order (Granting Temporary Restraining Order) by Hanes Caribe, Inc.. Responses due by 6/23/2016 (Martinez, Elio)
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Legal Document (Payment Possibly Required) 16 Filed: 6/6/2016, Entered: 6/6/2016
NOTICE by Hanes Caribe, Inc. re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support (of Filing Certification for Ex Parte Relief, or in the Alternative, for Expedited Hearing) (Martinez, Elio)
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Legal Document (Payment Possibly Required) 15 Filed: 6/6/2016, Entered: 6/6/2016
NOTICE by Hanes Caribe, Inc. re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support (of Filing Declaration of Michael J. Kehoe) (Martinez, Elio)
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Legal Document (Payment Possibly Required) 14 Filed: 6/6/2016, Entered: 6/6/2016
NOTICE by Hanes Caribe, Inc. re 13 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support (of Filing Declaration of Gini Piekarski) (Martinez, Elio)
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Legal Document (Payment Possibly Required) 13 Filed: 6/6/2016, Entered: 6/6/2016
MOTION for Temporary Restraining Order ( Responses due by 6/23/2016), MOTION for Preliminary Injunction Barring Defendant From Pursuing Haitian Proceeding in Contravention of Arbitration Agreement and Memorandum of Law in Support by Hanes Caribe, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Martinez, Elio)
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Blank 12 Filed: 5/31/2016, Entered: 5/31/2016 Court Filing
ENDORSED ORDER denying without prejudice Plaintiff's Motion and Memorandum of Law in Support of Motion for a Temporary Restraining Order and Preliminary Injunction Barring Defendant from Pursuing Haitian Proceeding in Contravention of Arbitration Agreement [ECF No. 6] as Plaintiff has failed to file an affidavit or verified complaint in accordance with Federal Rule of Civil Procedure 65(b)(1). Signed by Judge Darrin P. Gayles (hs01)
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Legal Document (Payment Possibly Required) 11 Filed: 5/31/2016, Entered: 5/31/2016 Court Filing
ORDER granting 7 Motion to Appoint Special Process Server. Signed by Judge Darrin P. Gayles (hs01)
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Legal Document (Payment Possibly Required) 10 Filed: 5/31/2016, Entered: 5/31/2016
NOTICE by Hanes Caribe, Inc. re 7 MOTION for Appointment of Special Process Server to Serve Haitian Defendant by USPS International Mail (Proposed Order) (Martinez, Elio)
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Legal Document (Payment Possibly Required) 9 Filed: 5/31/2016, Entered: 5/31/2016
NOTICE by Hanes Caribe, Inc. re 7 MOTION for Appointment of Special Process Server to Serve Haitian Defendant by USPS International Mail Affidavit of John Pierceall (Martinez, Elio)
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Blank 8 Filed: 5/31/2016, Entered: 5/31/2016
Clerks Notice to Filer re 6 MOTION for Temporary Restraining Order and Preliminary Injuction. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl)
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Legal Document (Payment Possibly Required) 7 Filed: 5/31/2016, Entered: 5/31/2016
MOTION for Appointment of Special Process Server to Serve Haitian Defendant by USPS International Mail by Hanes Caribe, Inc.. Responses due by 6/17/2016 (Attachments: # 1 Exhibit A)(Martinez, Elio)
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Legal Document (Payment Possibly Required) 6 Filed: 5/31/2016, Entered: 5/31/2016
MOTION for Temporary Restraining Order and Memorandum of Law by Hanes Caribe, Inc.. Responses due by 6/17/2016 (Attachments: # 1 Exhibit A)(Martinez, Elio). Added MOTION for Preliminary Injunction on 5/31/2016 (asl).
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Legal Document (Payment Possibly Required) 5 Filed: 5/31/2016, Entered: 5/31/2016
Summons Issued as to Global Manufacturers and Contractors, S.A.. (jas)
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Blank 4 Filed: 5/27/2016, Entered: 5/31/2016
Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (jas)
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Legal Document (Payment Possibly Required) 3 Filed: 5/27/2016, Entered: 5/31/2016 Court Filing
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge William C. Turnoff is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (jas)
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Blank 2 Filed: 5/27/2016, Entered: 5/31/2016 Court Filing
Judge Assignment to Judge Darrin P. Gayles (jas)
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Legal Document (Payment Possibly Required) 1 Filed: 5/27/2016, Entered: 5/27/2016
COMPLAINT against Hanes Caribe, Inc.. Filing fees $ 400.00 receipt number 113C-8778828, filed by Hanes Caribe, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Civil Cover Sheet, # 14 Summon(s) Global Manufacturers)(Martinez, Elio)
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