Stelor Productions, v. Silvers
Filing
41
NOTICE of depositing funds into Court Registry by Stelor Productions, (sk, Deputy Clerk)
Case 9:05-cv-80393-DTKH
Document 41
Entered on FLSD Docket 06/20/2005
Page 1 of 6
UNITED STATES DISTRICT COUR T OR THE SOUTHERN DISTRICT OF FLORID A Je rk CASE NO . 05-80393 CIV HURLEY/HOPKIN S STELOR PRODUCTIONS, L .L .C ., a Delaware corporation , f/k/a STELOR PRODUCTIONS, INC . , Plaintiff,
vs . STEVEN A . SILVERS , a Florida resident ,
Defendant .
NOTICE OF DEPOSITING FUNDS INTO COURT REGISTRY Plaintiff Stelor Productions, LLC hereby gives notice of posting cash security of Te n
Thousand Dollar ($10,000 .00) pursuant to this Court's Emergency Temporary Restraining Order Implementing Preliminary Injunction Recommended by Magistrate Judge of June 9, 2005, a true and correct copy of which is attached hereto as tab 1 .
Respectfully submitted , BURLINGTON, WEIL, SCHWIEP, KAPLAN & BLONSKY, P .A . Atto rn eys for Plaintiff Office in the Grove, Penthouse A 2699 South Bayshore Drive Miami, Flo ri da 3313 3 Tel : 305- 858-2900 Fax : 3025-526 l . By : Kevin C . Klan Flo ri da Bar No . 93348 Daniel F . Blonsky Flo ri da Bar No . 972169 David J . Zac k Flo ri da Bar No . 64168 5
BURLINGTON · WEIL · SCHWIEP · KAPLAN'A . BLONSKY, P .A . OFFICE IN THE GROVE PENTHOUSE. 2699 SOUTH BAYSHORE DRIVE T : 305 .858 .2900 F : 305 .858 .526 1
EMAIL : INFO(n' BWSKB .COM WW%W .BWSKB .COM
MIAMI . FLORIDA 33133 ;
Case 9:05-cv-80393-DTKH
Document 41
Entered on FLSD Docket 06/20/2005
Page 2 of 6
CASE NO. 05-80393 CIV HURLED'/HOPKIN S
CERTIFICATE OF SERVIC E I HEREBY CERTIFY that a true copy of the foregoing was served this 16th day of June, 2005, via U .S . Mail on: Adam T . Rabin, Esq . DIMOND, KAPLAN & ROTHSTEIN, P .A . 200 S .E . First Street , Suite 70 8
Miami, Florida 3313 1
Kenneth R. Hartmann, Esq . Gail M. McQuilkin, Esq . KOZYAK TROPIN & THROCKMORTON, P .A . 2525 Ponce de Leon Blvd ., 9th Floo r Coral Gables, Florida 33134
David J . Zack
,
BURLINGTON · WEIL · SCHWIEP · KAPLAN~ .&-BLONSKY, P .A . OFFICE. IN THE GROVE PENTHOUSE 2699 SOUTH BAYSHORE DRIVE MIAMI, FLORIDA 33133 T : 305 .858 .2900 F : 305 .858 .526 1
EMAIL: INFO@` BWSKB .COM W' W .B' 'SKB .COM
Case 9:05-cv-80393-DTKH
Document 41
Entered on FLSD Docket 06/20/2005
Page 3 of 6
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORID A CASE NO. : 05-80393-CIV-HURLEYIHOPKINS
STELOR PRODUCTIONS, LLC f/k/a STELOR PRODUCTIONS, INC . Plaintiff, V. STEVEN A . SILVERS, Defendant .
EMERGENCY TEMPORARY RESTRAINING ORDER IMPLEMENTING PRELIMINARY INJUNCTION RECOMMENDED BY MAGISTRATE JUDGE
Upon consideration of the Report & Recommendation of Magistrate Judge James Hopkins issued June 3, 2005 upon plaintiff's motion for preliminary injunction [DE#2], together with plaintiff's emergency motion for entry of temporary restraining order implementing the recommended injunction pending expiration of the ten day period for filing objections to the Report, made with notice to the defendant, the court has determined that plaintiff will suffer immediate and irreparable injury, loss or damages unless defendant is temporarily restrained from engaging in certain activities set forth in greater detail below . The court has further determined that entry of a temporary restraining order on an emergency basis is necessary to avoid the substantial threat of irreparable injury to Stelor which would otherwise be occasioned from an interruption of its major product launch scheduled during a New York City trade show on June 21, 2005, and that the threatened harm to plaintiff outweighs any harm the temporary restraining order may cause to the defendant .
Case 9:05-cv-80393-DTKH
Document 41
Entered on FLSD Docket 06/20/2005
Page 4 of 6
Case No . 0S-80393-CV-HURLEY Temporary Restraining Orde r
Accordingly, the plaintiff's emergency motion for temporary restraining order shall b e
granted, and it is now ORDERED AND ADJUDGED :
1 . A Temporary Restraining Order issue shall immediately and security in the amount of $10,000 shall be posted by plaintiff by no later than Friday, August 17, 2005 . 2 . Defendant Steven A . Silvers is temporarily enjoined and restrained , directly or indirectly, and whether alone or in concert with others, from breaching the terms of the License Agreement and Settlement Agreement between the parties ; 3 . Defendant Steven A . Silvers and anyone acting in concert or participation with the defendant (including defendant's counsel or any agent employee, officer or representative of defendant) is further ordered to return control and use of the Googles .com website and its contents (an d all related domain names) to plaintiff within TWENTY-FOUR (24) HOURS of notice to defendant or his counsel of the terms of this order .
4 . Specifically, defendant is hereby ordered to immediately direct Verio, Inc ., the hosting firm for the "googles .com" website, to return the dedicated server to its condition prior to the changes made by defendant on or after May 3, 2005 . Defendant is further ordered to take all necessary action to direct and to cause Verio, Inc ., godaddy .com, and/or such other web host, to immediately restore plaintiff's access to the dedicated server .
2
Case 9:05-cv-80393-DTKH
Document 41
Entered on FLSD Docket 06/20/2005
Page 5 of 6
Case No. 05-80393-CV-HURLEV Temporary Restraining Orde r
4 . This Order shall remain in full force and effect up to and including WEDNESDAY, JUNE 21, 2005 unless a party moves for an extension , or the court specifically orders otherwise . 5 . Within seventy-two (72) hours of notice to defendant or his counsel of the terms of this order, defendant shall file with the court and serve on opposing counsel a notice of compliance which details all efforts defendant has made to comply with this order and which attaches confirming documentation of the same .
,4__ DONE an d SIGNED in chambers at West Palm Beach, Florida this 9- day of June, 200 5 at ,,~,_/O ate ./pm .
Daniel T . K. Hurley United States Distr Judg e
cc . United States Magistrate Judge James Hopkins Kevin Kaplan, Esq .
Adam T. Rubin, Esq . Kenneth R . Hartmann, Esq .
3
Case 9:05-cv-80393-DTKH
i
Document 41
Entered on FLSD Docket 06/20/2005
Page 6 of 6
A082 (Rev . 4/90)
ORIGINAL RECEIPT FOR PAYMENT
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UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT O LORIDA
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Fund E)L6855 Deposit Funds 604700 Regist ry Fund s General and Special Funds 508800 Immigration Fees 085000 Att orney Admission Fees 086900 Filing Fees 322340 Sale of Publications 322350 Copy Fee s 322360 Miscellaneous Fees 143500 Interest 322380 Recove ri es of Cou rt Costs 322386 Restitution to U .S . Gove rn ment 121000 Conscien ce Fund 129900 Gifts 504100 Crime Victims Fund 613300 Unclaimed Monies 510000 Civil Filing Fee (112) 510100 Registry Fee
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Checks and drafts are accepted subject to collection and full credit will only be given when the check or draft has been accepted by the financial institution on which it was drawn .
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