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 23 |
Filed: 9/19/2017, Entered: 9/19/2017 |
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NOTICE of Voluntary Dismissal with Prejudice by Kaya Holdings, Inc. (Katz, Joshua)
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| 22 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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ENDORSED ORDER STAYING CASE pursuant to 21 Endorsed Order Denying Plaintiff's Verified Motion for Temporary Restraining Order and Preliminary Injunctive Relief. Signed by Judge Darrin P. Gayles (ssd) 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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| 21 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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ENDORSED ORDER denying 6 Plaintiff's Verified Motion for Temporary Restraining Order and Preliminary Injunctive Relief. Plaintiff's Verified Motion is denied for the reasons stated by the Court on the record. The Court finds that Plaintiff's Verified Motion fails to establish that immediate and irreparable injury will clearly result to Plaintiff in the absence of an injunction. "[A] preliminary injunction will not be issued simply to prevent the possibility of some remote future injury." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (emphasis added) (citation omitted). The Court also finds that a preliminary injunction is improper because Plaintiff has an adequate remedy at law. See Tropical Fruit Trading, Inc. v. AgroFarms, LLC, No. 16-21735, 2016 WL 4376747, at *3 (S.D. Fla. Aug. 17, 2016). Here, Plaintiff can be adequately compensated by money damages. See Great Am. Ins. Co. v. Fountain Eng'g, Inc., No. 15-10068, 2015 WL 6395283, at *3 (S.D. Fla. Oct. 22, 2015) ("[I]t is settled law that '[a]n injury is "irreparable" only if it cannot be undone through monetary remedies.'" (citing Snook v. Trust Co. of Ga. Bank of Savannah, N.A., 909 F.2d 480, 487 (11th Cir. 1990))). The court also notes that because Defendants filed a substantially similar case involving the same parties in Oregon state court, the case should proceed in that court. "The first-filed rule provides that when parties have instituted competing or parallel litigation in separate courts, the court initially seized of the controversy should hear the case." Collegiate Licensing Co. v. American Cas. Co. of Reading, Pa., 713 F.3d 71, 78 (11th Cir. 2013). At the hearing on the Verified Motion, Plaintiff acknowledged that the Oregon court has jurisdiction over nearly all the primary issues in the parallel state and federal litigation; however, Plaintiff failed to provide a compelling reason for why the Oregon state court should not resolve its claims first. Accordingly, the case is STAYED pending resolution of the Oregon action. This action is CLOSED for administrative purposes. Either party can move to reopen this action as necessary. Signed by Judge Darrin P. Gayles (ssd)
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| 20 |
Filed: 2/16/2017, Entered: 2/16/2017 |
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PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 2/16/2017 re 6 Plaintiff's MOTION for Temporary Restraining Order and Preliminary Injunctive Relief. Total time in court: 55 minutes. Attorneys for both sides present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (ssd)
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| 19 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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ENDORSED ORDER granting 18 Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Ross Alan Day is permitted to appear before this Court on behalf of Plaintiff for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Day at ross@daylawpc.com. Signed by Judge Darrin P. Gayles (ssd)
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| 18 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ross Alan Day. Filing Fee $ 75.00 Receipt # 113C-9490101 by Kaya Holdings, Inc.. Responses due by 3/1/2017 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Katz, Joshua)
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Request |
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| 17 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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RESPONSE in Opposition re 6 Plaintiff's MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Daniel Goldin, Wally Goldin. Replies due by 2/21/2017. (Attachments: # 1 Exhibit Exh A - Declaration of Nicholas Slinde, # 2 Exhibit Exh B - Declaration of Daniel Goldin, # 3 Exhibit Exh C - Declaration of Wally Goldin)(Brier, Simeon)
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Request |
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| 16 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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ENDORSED ORDER granting 13 Defendants' Unopposed Motion to Appear Telephonically as long as Defendants are also represented by counsel who appear in person before this Court at the Motion Hearing on 2/16/2017. Counsel may 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 (ssd)
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| 15 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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ENDORSED ORDER granting 11 Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. R. Hunter Bitner II is permitted to appear before this Court on behalf of Defendants for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Bitner at hunter@slindenelson.com. Signed by Judge Darrin P. Gayles (ssd)
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| 14 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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ENDORSED ORDER granting 10 Unopposed Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Daniel Lerner is permitted to appear before this Court on behalf of Defendants for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Lerner at daniel@slindenelson.com. Signed by Judge Darrin P. Gayles (ssd)
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| 13 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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Unopposed MOTION for Leave to Appear Telephonically at 02/16/2017 Hearing . Attorney/Representative: R. Hunter Bitner, II, Esq. and Daniel Lerner, Esq. by Daniel Goldin, Wally Goldin. Attorney Matthew B. Criscuolo added to party Daniel Goldin(pty:dft), Attorney Matthew B. Criscuolo added to party Wally Goldin(pty:dft). Responses due by 2/28/2017 (Criscuolo, Matthew)
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| 12 |
Filed: 2/14/2017, Entered: 2/14/2017 |
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NOTICE of Attorney Appearance by Patrick Joseph Rengstl on behalf of Kaya Holdings, Inc.. Attorney Patrick Joseph Rengstl added to party Kaya Holdings, Inc.(pty:pla). (Rengstl, Patrick)
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Request |
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| 11 |
Filed: 2/13/2017, Entered: 2/13/2017 |
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Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for R. Hunter Bitner II, Esq.. Filing Fee $ 75.00 Receipt # 113C-9482685 by Daniel Goldin, Wally Goldin. Responses due by 2/27/2017 (Brier, Simeon)
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Request |
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| 10 |
Filed: 2/13/2017, Entered: 2/13/2017 |
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Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel Lerner, Esq.. Filing Fee $ 75.00 Receipt # 113C-9482677 by Daniel Goldin, Wally Goldin. Responses due by 2/27/2017 (Brier, Simeon)
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Request |
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| 9 |
Filed: 2/13/2017, Entered: 2/13/2017 |
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NOTICE of Attorney Appearance by Simeon Daniel Brier on behalf of Daniel Goldin, Wally Goldin. Attorney Simeon Daniel Brier added to party Daniel Goldin(pty:dft), Attorney Simeon Daniel Brier added to party Wally Goldin(pty:dft). (Brier, Simeon)
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Request |
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| 8 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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ENDORSED ORDER Setting Hearing on 6 Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunctive Relief: Motion Hearing set for 2/16/2017 at 11:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles (ssd)
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| 7 |
Filed: 2/7/2017, Entered: 2/7/2017 |
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SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Kaya Holdings, Inc.. Daniel Goldin served on 2/2/2017, answer due 2/23/2017. (Katz, Joshua)
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Request |
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| 6 |
Filed: 1/31/2017, Entered: 1/31/2017 |
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Plaintiff's MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by Kaya Holdings, Inc.. Responses due by 2/14/2017 (Attachments: # 1 Exhibit A - Subscription Agreement - D. Goldin, # 2 Exhibit B- Stock Grant Agreement, # 3 Exhibit C - Consulting Email - Redacted, # 4 Exhibit D - Subscription Agreement - W. Goldin, # 5 Exhibit E - Email from Pacific Stock Transfer)(Katz, Joshua)
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Request |
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| 5 |
Filed: 1/20/2017, Entered: 1/20/2017 |
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NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. Signed by Judge Darrin P. Gayles (ssd)
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| 4 |
Filed: 1/20/2017, Entered: 1/20/2017 |
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Summons Issued as to All Defendants. (lan)
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Request |
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| 3 |
Filed: 1/19/2017, Entered: 1/20/2017 |
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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. (lan)
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Request |
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| 2 |
Filed: 1/19/2017, Entered: 1/20/2017 |
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Judge Assignment to Judge Darrin P. Gayles (lan)
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| 1 |
Filed: 1/19/2017, Entered: 1/19/2017 |
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COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-9415913, filed by Joshua Kaya Holdings, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Subscription Agreement for D. Goldin, # 3 Exhibit B - Stock Grant Agreement, # 4 Exhibit C - Consulting Email, # 5 Exhibit D - Subscription Agreement for W. Goldin, # 6 Summon(s) D. Goldin, # 7 Summon(s) W. Goldin)(Katz, Joshua)
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