Stockwire Research Group, Inc. et al v. Lebed et al

Filing 57

RESPONSE to Motion re 56 Defendant's MOTION for Leave to File Response to Amended Complaint and Notice of Withdrawal of her Motion to Dismiss for Lack of Personal Jurisdiction filed by Stockwire Research Group, Inc., Adrian James. Replies due by 4/3/2008. (Koziol, Peter)

Stockwire Research Group, Inc. et al v. Lebed et al

Doc. 57

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 07-22670 CIV-SEITZ/MCALILEY STOCKWIRE RESEARCH GROUP, INC. a Florida corporation, and ADRIAN JAMES, a Texas Resident. Plaintiffs, vs. JONATHAN LEBED, a Florida resident, LEBED BIZ, L.L.C., a New Jersey Limited Liability Company, PIGASA, INC., a New Jersey Corporation, and CONSTANCE LEBED, a New Jersey Resident. Defendants. __________________________________________/ PLAINTIFFS' RESPONSE TO MOTION OF DEFENDANT CONSTANCE LEBED FOR LEAVE TO SUBMIT RESPONSE TO AMENDED COMPLAINT AND NOTICE OF WITHDRAWL OF HER MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION Plaintiffs Stockwire Research Group, Inc. and Adrian James, by and through their undersigned counsel hereby file this response to Motion of Defendant Constance Lebed for Leave to Submit Response to Amended Complaint and Notice of Withdrawl of Her Motion to Dismiss for Lack of Personal Jurisdiction. Defendant Constance Lebed's Motion indicates filing a response pursuant to Rule 12, Fed. R. Civ. P. Plaintiff's agreement to Defendant Constance Lebed filing an "alternative response" must be taken in context with the prior communications of counsel for the parties, which always indicated that upon withdrawal of the defense of personal jurisdiction, Defendant's next filing would be an answer. Plaintiffs are agreeable to an

extension to April 7, 2008, if and only if Defendant Constance Lebed's "alternative

ASSOULINE & BERLOWE, P.A. 3250 Mary Street, Suite 308, Miami, Florida 33133 · Telephone: [phone] · Facsimile: 305-567-9343
Dockets.Justia.com

Stockwire Research Group, Inc. v. Lebed, et. al. Case No.: 07-22670 CIV-SEITZ/MCALILEY

response" is an answer and not a successive motion to dismiss, which would only seek to further delay this matter which involves and on-going and continuing infringement. Dated: March 27, 2008 Respectfully submitted,

ASSOULINE & BERLOWE, P.A. 3250 Mary Street, Suite 308 Miami, Florida 33133 Telephone: [phone] Facsimile: 305-567-9343 By: s/Peter A. Koziol Peter E. Berlowe (FBN 143650) [e-mail] Peter A. Koziol (FBN 0030446) [e-mail]
Attorneys for Plaintiffs Stockwire Research Group, Inc., and Adrian James

2

ASSOULINE & BERLOWE, P.A. 3250 Mary Street, Suite 308, Miami, Florida 33133 · Telephone: [phone] · Facsimile: 305-567-9343

Stockwire Research Group, Inc. v. Lebed, et. al. Case No.: 07-22670 CIV-SEITZ/MCALILEY

CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the methods referenced below this day March 27, 2008 on all counsel or parties of record on the service list indicated below: SERVICE LIST Stockwire Research Group, Inc. v. Lebed, et. al. CASE NO.: 07-22670 CIV-SEITZ/MCALILEY United States District Court, Southern District of Florida U.S. Mail Defendant Jonathan Lebed [e-mail] 49 Ivy Place Wayne, New Jersey 07470 Telephone No.: [phone] Defendant Lebed Biz, LLC c/o Jonathan Lebed 49 Ivy Place, Wayne, New Jersey 07470 Telephone No.: [phone] Defendant Pigasa, Inc. c/o Jonathan Lebed, Registered Agent 26 Sunset Terrace Cedar Grove, NJ 07009 Telephone No.: [phone] CM/ECF SUSAN H. APRILL, ESQ. (FBN: 346934) [e-mail] Fowler White Burnett, P.A. Espirito Santo Plaza, 14th Floor 1395 Brickell Avenue Miami, Florida 33131-3302 Telephone: [phone] Facsimile: [phone] Attorneys for the Defendant Constance Lebed

By:

s/Peter A. Koziol Peter A. Koziol

3

ASSOULINE & BERLOWE, P.A. 3250 Mary Street, Suite 308, Miami, Florida 33133 · Telephone: [phone] · Facsimile: 305-567-9343