XYZ Corporation v. ABC CORPORATION

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Expedited Motion for Expedited Consideration of its Requests for a Temporary Restraining Order, Expedited Discovery and Electronic Service Pursuant to Local Rule 7.1(d)(2). [17]. Therein, Plaintiff explains that it incorrectly "filed a nearly identical motion" (the "First Motion") (ECF No. 16) as a motion for reconsideration. See (ECF No. 17) at 1. Thus, Plaintiff contends that the instant Motion was filed "to correct this filing error." Id. Accordingly, the First Motion (ECF No. 16) is STRICKEN as erroneous and duplicative. Signed by Judge K. Michael Moore on 4/24/2026. (ss02)

Plaintiff's EXPEDITED MOTION to Consider Request for Temporary Restraining Order, Expedited Discovery and Alternate Service by XYZ Corporation. Responses due by 5/7/2026.

Plaintiff's EXPEDITED MOTION for Expedited Reconsideration by XYZ Corporation. Responses due by 2/17/2026.

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Withdraw Joshua H. Sheskin as Counsel. 14. Therein, Plaintiff requests that Attorney Sheskin be withdrawn as counsel and asserts that "Bayramoglu Law Offices, LLC, and attorney William R. Brees, continue to represent Plaintiff." Id. at 1. It is within a district court's discretion to permit or deny a motion to withdraw as counsel. See Patnaude v. Sears Pest Control, Inc., No. 08-61980-CIV, 2009 WL 10667065, at *2 (S.D. Fla. May 13, 2009); Reagan v. TitleMax of Ala., Inc., No. 5:09-cv-91/RS-MD, 2010 WL 11530503, at *1 (N.D. Fla. Apr. 15, 2010) (citing Baker v. Coto, 154 F. App'x 854, 858 (11th Cir. 2005)). Here, the Court finds good cause to permit Attorney Sheskin to withdraw. 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 14 is GRANTED. Joshua H. Sheskin is relieved of all further responsibilities related to this action. The Clerk of Court is INSTRUCTED to REMOVE Joshua H. Sheskin as counsel of record for Plaintiff. Signed by Judge K. Michael Moore on 1/30/2026. (ss02)

Plaintiff's MOTION to Withdraw as Attorney Joshua H. Sheskin by William R. Brees for / by XYZ Corporation. Responses due by 2/12/2026.

NOTICE of Attorney Appearance by William Robert Brees on behalf of XYZ Corporation. Attorney William Robert Brees added to party XYZ Corporation(pty:pla).

ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 11/4/2025. See attached document for full details.

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Sealed Ex Parte Motion for Leave to Temporarily Proceed Under a Pseudonym 5 and Plaintiff's Motion to File Certain Documents Under Seal 6. Plaintiff seeks to temporarily proceed under a pseudonym until "Defendant is on notice of the action" to prevent Defendant from evading detection, destroying online evidence, or any other steps to avoid this action. (ECF No. 5) at 3-5. For the same reasons, Plaintiff also seeks leave to file certain documents under seal in connection with anticipated ex parte motions for temporary restraining order, including a temporary asset restraint, and expedited discovery. See generally (ECF No. 6). Plaintiff contends that there will be no prejudice to Defendant where this request to proceed under a pseudonym and to seal the anticipated documents will only be temporary, and represents that once the Court rules on Plaintiff's forthcoming request for a temporary restraining order and third-party subpoenas are served, "Plaintiff will disclose their names in the docket and request that all previously sealed documents be unsealed." (ECF No. 5) at 3. Accordingly, UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiff's Ex Parte Motion for Leave to Temporarily Proceed Under a Pseudonym 5 and Motion to File Certain Documents Under Seal 6 are GRANTED. Plaintiff may temporarily proceed under the pseudonym "XYZ Corporation." Plaintiff shall reveal its actual name once Defendant has been served with the temporary restraining order, if granted, and once Defendant's accounts have been restrained. Plaintiff shall also seek to unseal all filings that remain under seal at that time. Signed by Judge K. Michael Moore on 11/3/2025. (ss01)

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 11/3/2025. (ss01)

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 11/3/2025. (ss01)

MOTION to Seal TO FILE CERTAIN DOCUMENTS UNDER SEAL per Local Rule 5.4 by XYZ Corporation.

Order

FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK.

Summons Issued as to ABC CORPORATION.

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.

COMPLAINT against ABC CORPORATION. Filing fees $ 405.00 receipt number AFLSDC-18917803, filed by XYZ Corporation.

Clerk's Notice of Judge Assignment and Optional Consent