Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 1 of 4                                UNITED STA...
Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 2 of 4 B.     The removed and remanded prior fed...
Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 3 of 4          Therefore, in accordance with CH...
Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 4 of 4 Alan Kluger, Esq. Todd Levine, Esq. Linds...
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Raanan Katz, RK Centers: Notice Of Pendency Of Other Action

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Notice of Pendency of Other Action. This is the second time that Raanan Katz, Miami Heat Owner, has sued the blogger. Last summer, Miami news outlets reported that Katz filed a defamation lawsuit against “John Doe” over critical blog posts.

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Transcript of "Raanan Katz, RK Centers: Notice Of Pendency Of Other Action"

  1. 1. Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 1:12-CV-22211-JLK RAANAN KATZ, an individual, Plaintiff, vs. IRINA CHEVALDINA, Defendant. / NOTICE OF PENDING, REFILED, RELATED OR SIMILAR ACTIONS Pursuant to Local Rule 3.8, Defendant, IRINA CHEVALDINA, (hereinafter "CHEVALDINA"), by and through undersigned counsel, submits this Notice of Pending, Refiled, Related or Similar Actions. Local Rule 3.8 provides in pertinent part that “[i]t shall be the continuing duty of the attorneys of record … to promptly bring to the attention of the Court and opposing counsel … the existence of any similar actions or proceedings then pending before another court or administrative agency.” The parties in the instant case are involved in concurrent state court litigation and a removed and then subsequently remanded prior federal court litigation over the same subject matter. A. R.K./Fl Management, Inc., R.K. Associates VII, Inc., 17070 Collins Avenue Shopping Center, Ltd., Raanan Katz, and Daniel Katz v. Irina Chevaldina, Case No. 11-17842-CA32, 11th Judicial Circuit, in and for Dade County, FL (hereinafter "State Court Action"). 1
  2. 2. Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 2 of 4 B. The removed and remanded prior federal court case: R.K./Fl Management, Inc. et. al v. John Doe, 11-22657-Civ-COOKE/TURNOFF (consolidated with John Doe v. R.K./FL Management, Inc., et.al.,11-22672-GRAHAM/GOODMAN). The State Court Action was originally removed by JOHN DOE (who was subsequently identified as CHEVALDINA), because the RK Plaintiff group asserted a violation of the Lanham Act (the federal trademark act). A second federal action was filed (Case No. 11-22672) and then consolidated before Judge Cooke as Case No. 11-22657. The consolidated case 22657 related to the identical blog postings at issue in the pending State Court Action. The present captioned case (Case No. 12-CV-22211) involves the identical blog as in the State Court Action because the Photograph of KATZ used in the blog allegedly infringes KATZ’s copyright. Ultimately, the consolidated case before Judge Cooke was remanded back to state court since R.K./Fl Management, Inc. et. al dropped their federal claim of false advertising under the Lanham Act. The parties and subject matter of the cases are all directly connected and nearly identical. KATZ is the owner and prime mover of all corporate Plaintiffs. The direct connection between these cases was not entirely clear until Plaintiff filed its amended complaint (D.E. 10) specifically identifying the location of the alleged violations, namely the blogs at issue in the prior case before Judge Cooke and the current pending state court case. [space left blank] 2
  3. 3. Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 3 of 4 Therefore, in accordance with CHEVALDINA’s obligation under S.D.F.L. Local Rule 3.8 this notice of Pending, Refiled, Related or Similar Actions is required. Dated: Aug. 9, 2012 Respectfully submitted, By: /RobertKain/ Robert C. Kain, Jr. (Fla. Bar No. 266760) rkain@complexip.com Darren Spielman (Fla. Bar No. 010868) Dspielman@complexip.com Kain & Associates, Attorneys at Law, P.A. 900 Southeast Third Avenue, Suite 205 Ft. Lauderdale, Florida 33316-1153 Telephone: (954) 768-9002 Facsimile: (954) 768-0158 Attorneys for Defendant Chevaldina Marc J. Randazza (625566) Randazza Legal Group 6525 West Warm Springs Rd. Ste. 100 Las Vegas, Nevada 89118 Phone: (888) 667-1113 Fax: (305) 437-7662 mjr@randazza.com Co-counsel for Defendant CERTIFICATE OF SERVICE I hereby certify that on _Aug. 9, 2012_________________, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. 3
  4. 4. Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 4 of 4 Alan Kluger, Esq. Todd Levine, Esq. Lindsay Haber, Esq. Kluger, Kaplan, et al. Miami Center, 17th Floor 201 S. Biscayne Blvd., Suite 1700 Miami, FL 33131 305-379-9000 fax 305-379-3428 Michael Chesal, Esq. Peretz, Chesal & Herrmann, P.L. 201 S. Biscayne Blvd., Suite 1750 Miami, FL 33131 T. 305-341-3000 F. 305-371-6807 /RobertKain/ Robert C. Kain, Jr. Florida Bar No. 266760 4

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