PAPERLESS ORDER OF REFERRAL TO MAGISTRATE JUDGE. 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 hereby referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law and/or to issue a Report and Recommendation regarding Plaintiff's Motion for Default Judgment. 39. Signed by Judge K. Michael Moore on 5/1/2025. (cr00)
PAPERLESS ORDER ON DEFAULT PROCEDURE. On April 18, 2025, a clerk's default was entered against Defendant swissclonewatches.com, swissreplicamall.com, swissluxreplica.com, swissreplicaonline.com, topclonewatches.com, topimitation.com, newyorkluxurywatch.com. [36]. On April 30, 2025, Plaintiff filed its Motion for Default Judgment [39] in accordance with this Court's Paperless Notice of Court Practice Upon Entry of Default. (ECF No. [37]). This case is now CLOSED for administrative purposes. The Court shall render an Order on Plaintiff's Motion for Default Judgment [39] in due course. Signed by Judge K. Michael Moore on 4/30/2025. (cr00)
Plaintiff's MOTION for Default Judgment Against Defendants and Memorandum of Law in Support Thereof by Richemont International SA.
PAPERLESS ORDER ADOPTING 30 REPORT AND RECOMMENDATION. THIS CAUSE came before the Court upon Plaintiff Richemont International SA's Motion for Preliminary Injunction. 10. 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. 13) at 10. On April 1, 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 No. 27). On April 11, 2025, Magistrate Judge Elfenbein issued a Report and Recommendation 30 recommending that Plaintiff's Motion for Preliminary Injunction 10 be granted. See generally 30. 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. 20, 27, 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 30. Accordingly, Magistrate Judge Elfenbein recommends that Plaintiff's Motion for Preliminary Injunction 10 be granted and that a preliminary injunction be entered in the form set forth in the Report and Recommendation. Id. at 10-13. 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 30 is ADOPTED and Plaintiff's Motion for Preliminary Injunction 10 is GRANTED. It is further ORDERED that the recommended preliminary injunction set forth in the Report and Recommendation, 30 at 10-13, 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 4/28/2025. (cr00)
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 Defendants swissclonewatches.com, swissreplicamall.com, swissluxreplica.com, swissreplicaonline.com, topclonewatches.com, topimitation.com, and newyorkluxurywatch.com. 36. 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 Defendants. Plaintiff's Motion should include what Counts from the Complaint that Plaintiff alleges against the defaulting Defendants, 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 4/21/2025. (cr00)
Clerk's Entry of Default as to swissclonewatches.com, swissreplicamall.com, swissluxreplica.com, swissreplicaonline.com, topclonewatches.com, topimitation.com, newyorkluxurywatch.com. Signed by DEPUTY CLERK on 4/18/2025. (ar24)
Plaintiff's MOTION for Clerk's Entry of Default as to The Individuals, Business Entities, and Unincorporated Associations, newyorkluxurywatch.com, swissclonewatches.com, swissluxreplica.com, swissreplicamall.com, swissreplicaonline.com, topclonewatches.com, topimitation.com by Richemont International SA.
CERTIFICATE OF SERVICE by Richemont International SA re [30] REPORT AND RECOMMENDATIONS re [10] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof MOTION for Preliminary Injunction MOTION for Temporary Restrainin upon Defendants via website posting
Plaintiff's NOTICE upon Defendants via Electronic Mail by Richemont International SA re [30] REPORT AND RECOMMENDATIONS re [10] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof MOTION for Preliminary Injunction MOTION for Temporary Restrainin
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Second Motion to Extend Temporary Restraining Order Dated March 20, 2025. 31. On March 20, 2025, the Court entered an Order granting Plaintiff's Ex Parte Motion for Entry of Temporary Restraining Order ("TRO") and referred Plaintiff's request for a preliminary injunction to United States Magistrate Judge Marty Fulgueira Elfenbein. 13. On April 2, 2025, the Court extended the TRO until April 17, 2025, pending Magistrate Judge Elfenbein's forthcoming Report & Recommendation ("R&R") on Plaintiff's request for a preliminary injunction. (ECF No. 29). On April 11, 2025, Magistrate Judge Elfenbein issued an R&R recommending that Plaintiff's Motion for Entry for Preliminary Injunction be granted. (ECF No. 30). Pursuant to the terms of the R&R, the parties have fourteen (14) days from the date of service within which to file any written objections to the R&R. Id. at 13. The objection period will thus end on April 25, 2025, which is after the expiration of the TRO. Therefore, the Court finds good cause to grant the relief requested and extend the TRO for a like period. See Fed. R. Civ. P. 65(b)(2). Accordingly, 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 31 is GRANTED. The TRO 13 entered by this Court on March 20, 2025, is hereby extended, and shall remain in effect until May 1, 2025. Signed by Judge K. Michael Moore on 4/14/2025. (cr00)
Second MOTION to Extend Temporary Restraining Order re [13] Order on Ex Parte Motion, Order on Motion for Temporary Restraining Order by Richemont International SA.
REPORT AND RECOMMENDATIONS re [10] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Richemont International SA. Recommends that DE [10] de Granted. Objections to R&R due by 4/25/2025 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/10/2025. See attached document for full details. (ar24)
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Extend Temporary Restraining Order. 28. Therein, Plaintiff requests that the Temporary Restraining Order "be extended to maintain the status quo in order to allow the parties to file objections to the Report and Recommendation, if any, and for the Court to have the opportunity to rule on the Report and Recommendation." Id. at 2. On March 20, 2025, the Court entered an Order granting Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order 13 and referred Plaintiff's request for a preliminary injunction to United States Magistrate Judge Marty Fulgueira Elfenbein. See 13 at 10. On April 1, 2025, Magistrate Judge Elfenbein held a hearing on Plaintiff's request for a preliminary injunction and stated a Report and Recommendation ("R&R") will follow. (ECF No. 27). Pursuant to the terms of the forthcoming R&R, the Parties will have a period of time within which to file any written objections, and the Temporary Restraining Order expires on April 3, 2025, prior to any objection deadline. Therefore, the Court finds good cause to extend the Temporary Restraining Order for a like period. See Fed. R. Civ. P. 65(b)(2). Accordingly, 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 28 is GRANTED. The Temporary Restraining Order 13 entered by this Court on March 20, 2025, is hereby extended, and shall remain in effect until April 17, 2025. Signed by Judge K. Michael Moore on 4/2/2025. (cr00)
Plaintiff's MOTION to Extend Temporary Restraining Order re [13] Order on Ex Parte Motion, Order on Motion for Temporary Restraining Order by Richemont International SA.
PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Motion Hearing held on 4/1/2025 via Zoom re ECF No. 10. The Court heard from Plaintiff; reasons stated on the record. The Defendants did not appear for the Hearing. The Court noted that Defendants 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: 15 minutes. Attorney Appearance(s): T. Raquel Wiborg-Rodriguez (counsel for the Plaintiff, appeared via Zoom) (Digital 11:37:00;MFE_01_04-1-2025) (ogn1)
SUMMONS (Affidavit) Returned Executed on [1] Complaint, [18] Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Richemont International SA. newyorkluxurywatch.com served on 3/24/2025, response/answer due 4/14/2025; swissclonewatches.com served on 3/24/2025, response/answer due 4/14/2025; swissluxreplica.com served on 3/24/2025, response/answer due 4/14/2025; swissreplicamall.com served on 3/24/2025, response/answer due 4/14/2025; swissreplicaonline.com served on 3/24/2025, response/answer due 4/14/2025; topclonewatches.com served on 3/24/2025, response/answer due 4/14/2025; topimitation.com served on 3/24/2025, response/answer due 4/14/2025.
CERTIFICATE OF SERVICE by Richemont International SA re [16] Sealed Order, Set/Reset Sealed Deadlines/Hearings upon Defendants via website posting
Plaintiff's NOTICE upon Defendants via Electronic Mail by Richemont International SA re [16] Sealed Order, Set/Reset Sealed Deadlines/Hearings
CERTIFICATE OF SERVICE by Richemont International SA re [14] Order on Ex Parte Motion, [3] Form AO 120/121, [13] Order on Ex Parte Motion, Order on Motion for Temporary Restraining Order, [15] Plaintiff's MOTION to Unseal Case, [7] Order Referring Case to Magistrate Judge, [12] Order, [1] Complaint, [9] Sealed Document, [5] Plaintiff's MOTION to Seal per Local Rule 5.4, [11] Plaintiff's EX PARTE MOTION for Order Authorizing Alternate Service of Process on Defendants Pursuant to Federal Rule of Civil Procedure 4(f)(3) and Memorandum of Law in Support Thereof, [2] Clerks Notice of Judge Assignment, [8] Order on Motion to Seal, [10] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, [4] Certificate of Other Affiliates/Corporate Disclosure Statement, [6] Pretrial Order, upon Defendants via website posting
Plaintiff's NOTICE upon Defendants via Electronic Mail by Richemont International SA re [13] Order on Ex Parte Motion, Order on Motion for Temporary Restraining Order, [15] Plaintiff's MOTION to Unseal Case, [12] Order, [1] Complaint, [10] Plaintiff's EX PARTE MOTION for Entry of Temporary Restraining Order and Preliminary Injunction and Memorandum of Law in Support Thereof MOTION for Preliminary Injunction MOTION for Temporary Restraining Order, [6] Pretrial Order
Plaintiff's NOTICE of Filing Bond by Richemont International SA re [13] Order on Ex Parte Motion, Order on Motion for Temporary Restraining Order (ar24)
Summons Issued as to The Individuals, Business Entities, and Unincorporated Associations. (ar24)
NOTICE of Filing Proposed Summons(es) by Richemont International SA re [14] Order on Ex Parte Motion
AMENDED COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against All Defendants, filed by Richemont International SA.
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Unseal. 15. 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 15 is GRANTED. The Clerk of Court is INSTRUCTED to UNSEAL all docket entries in this case. Signed by Judge K. Michael Moore on 3/21/2025. (cr00)
ORDER SETTING HEARING : (Preliminary Hearing set for 4/1/2025 11:15 AM before Magistrate Judge Marty Fulgueira Elfenbein.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/20/2025.
Order
Plaintiff's MOTION to Unseal Case by Richemont International SA. Responses due by 4/3/2025.
Order
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/10/2025. See attached document for full details. (ar24)
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to File Under Seal. 5. Therein, Plaintiff requests that Schedule A, which identifies Defendants to the above-styled action, be filed under seal until the Court rules on Plaintiff's request for temporary ex parte relief. Id. at 1-2. In support of this request, Plaintiff states that temporarily sealing this portion of the court file will prevent Defendants from being able to "quickly transfer the registrations for the e-commerce store names or modify registration data and content, change hosts, redirect traffic to other e-commerce store names, hide or transfer their inventory and related records beyond the jurisdiction of this Court" which would "thwart the Court's ability to grant meaningful relief." Id. at 2. Accordingly, 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 Plaintiff's Motion for Leave to File Under Seal 5 is GRANTED. Schedule A shall be filed under seal and shall remain under seal until further order of this Court. Signed by Judge K. Michael Moore on 3/6/2025. (cr00)
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 3/6/2025. (cr00)
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 3/6/2025. (cr00)
Order
Plaintiff's MOTION to Seal per Local Rule 5.4 by Richemont International SA.
Plaintiff's Corporate Disclosure Statement by Richemont International SA identifying Corporate Parent Compagnie Financiere Richemont SA for Richemont International SA
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK
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. (ar24)
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18256488, filed by Richemont International SA.