Adams Arms, LLC v. Unified Weapon Systems, Inc. et al

Filing 195

ORDER: The Report and Recommendation of the Honorable Anthony E. Porcelli (Doc. #185 ) is ACCEPTED and ADOPTED. UWSI's Verified Motion for Preliminary Injunctive Relief against Aguieus, LLC and Michael Bingham (Doc. #157 ) is GRANTED IN PART and DENIED IN PART. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 4/5/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

ADAMS ARMS, LLC,
Plaintiff,
v.

Case No. 8:16-cv-1503-T-33AEP

UNIFIED WEAPONS SYSTEMS, INC.,
AGUIEUS, LLC, MICHAEL BINGHAM,
CHRISTIAN QUINTANILLA AURICH, and
MAJOR GENERAL JAMES W. PARKER,
Defendants.
/
ORDER
This cause comes before the Court pursuant to the March 20,
2017,

Report

Porcelli,

and

Recommendation

United

States

of

Magistrate

the

Honorable

Judge,

Anthony

recommending

E.

that

Unified Weapon Systems, Inc.’s Verified Motion for Preliminary
Injunctive Relief Against Aguieus, LLC, and Michael Bingham (Doc.
# 157) be granted in part and denied in part. (Doc. # 185). As of
this

date,

there

recommendation,

and

are

no

the

time

objections
for

the

to

the

parties

report
to

and

file

such

objections has elapsed.
Discussion
A district judge may accept, reject or modify the magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams
v. Wainwright, 681 F.2d 732 (11th Cir. 1982), cert. denied, 459
U.S. 1112 (1983).

In the absence of specific objections, there is

no requirement that a district judge review factual findings de
novo, Garvey v. Vaughn, 993 F.2d 776, 779 n.9 (11th Cir. 1993),
and the court may accept, reject or modify, in whole or in part,
the findings and recommendations. 28 U.S.C. § 636(b)(1)(C).

The

district judge reviews legal conclusions de novo, even in the
absence of an objection.

See Cooper-Houston v. S. Ry. Co., 37

F.3d 603, 604 (11th Cir. 1994); Castro Bobadilla v. Reno, 826 F.
Supp. 1428, 1431-32 (S.D. Fla. 1993), aff’d, 28 F.3d 116 (11th
Cir. 1994).
After

conducting

a

careful

and

complete

review

of

the

findings, conclusions and recommendations, and giving de novo
review to matters of law, the Court accepts the factual findings
and

legal

conclusions

of

the

magistrate

judge

and

the

recommendation of the magistrate judge.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
The Report and Recommendation of the Honorable Anthony E.
Porcelli (Doc. # 185) is ACCEPTED and ADOPTED.

UWSI’s Verified

Motion for Preliminary Injunctive Relief against Aguieus, LLC and
Michael Bingham (Doc. # 157) is GRANTED IN PART and DENIED IN PART
as follows:
1.

Aguieus,

its

officers,

agents,

servants,

employees,

attorneys, and all other persons and entities in active concert or
participation with Aguieus are enjoined from performing any of the
2

following acts, directly or indirectly, on its own behalf or on
behalf of a third party:
a. making

any

representations

of

having

an

ownership

interest in UWSI and
b. making any representations of being a party to the FAME
contract because Aurich is the 100% shareholder of UWSI
and the signatory to the FAME contract.
2.

Bingham,

his

officers,

agents,

servants,

employees,

attorneys, and all other persons and entities in active concert or
participation with Bingham are enjoined from performing any of the
following acts, directly or indirectly, on its own behalf or on
behalf of a third party:
a. making

any

representations

of

having

an

ownership

interest in UWSI and
b. making any representations of being a party to the FAME
contract because Aurich is the 100% shareholder of UWSI
and the signatory to the FAME contract.
3.
names

Aguieus and Bingham are not enjoined from using the trade
and

marks

because

the

undisputed

record

evidence

demonstrates that Aguieus and Bingham were the first to use the
marks in commerce.
4.

Aguieus

and

Bingham

are

not

enjoined

from

making

truthful statements to any FAME official concerning the nature and
extent of their involvement in securing the FAME contract.
3

5.

This Preliminary Injunction and all terms contained

herein shall remain in effect until further Order of this Court.
DONE and ORDERED in Chambers in Tampa, Florida, this 5th day
of April, 2017.

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