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2025-cv-03398

Price v. Cone

法院：佛罗里达中区法庭
发案日期：2025-12-12
原告：--
代理律所：BEUSSE SANKS
诉讼类型：--
# Date Description
[+] 1 2025-12-12 COMPLAINT against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A with Jury Demand (Filing fee $405 receipt number AFLMDC-24224535) filed by Joel Price.
[+] 2 2025-12-12 MOTION to file Schedule A and Exhibit B of the Complaint Under Seal by Joel Price.
[+] 3 2025-12-12 MOTION for Temporary Restraining Order and Order Restraining Transfer of Assets by Joel Price.
5 2025-12-12 CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 12/12/2025.
4 2025-12-12 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Anthony E. Porcelli. New case number: 8:25-cv-3398-KKM-AEP.
6 2025-12-15 Trademark Report electronically sent to the U.S. Patent and Trademark Office.
7 2025-12-19 ENDORSED ORDER granting the 2 Motion to Seal. The Court finds that the requirements of Local Rule 1.11(b) have been met and good cause exists to seal the filings. See Romero v. Drummond Co., Inc., 480 F.3d 1234, 1246 (11th Cir. 2007) ("A party's privacy or proprietary interest in information sometimes overcomes the interest of the public in accessing the information."). The Clerk's office is directed to accept under seal the referenced documents tendered by Plaintiff's counsel. Such items shall remain under seal pursuant to Local Rule 1.11(f). Signed by Judge Thomas P. Barber on 12/19/2025.
8 2025-12-23 ENDORSED ORDER denying without prejudice the 3 Motion for Temporary Restraining Order due to Plaintiff's failure to provide the link to the proposed website for notice. Plaintiff may re-file the motion with the appropriate link. Signed by Judge Thomas P. Barber on 12/23/2025.
9 2025-12-23 NOTICE of a related action Plaintiff's NOTICE OF A RELATED ACTION per Local Rule 1.07(c) by Joel Price. Related case(s): No
10 2025-12-23 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Joel Price.
[+] 11 2025-12-23 MOTION for Temporary Restraining Order Plaintiff's Renewed Ex Parte Motion for Temporary Restraining Order by Joel Price.
12 2025-12-29 ORDER: Plaintiff's 11 Motion for a Temporary Restraining Order is GRANTED IN PART. This Order shall remain in effect for fourteen days from the date of entry of this Order. The Clerk of the Court is DIRECTED to issue a single original summons in the name of "Defendants Identified in Schedule 'A' of the Complaint" that shall apply to all Defendants. The Clerk shall file this Order under seal until further order of the Court. The Clerk shall email a copy of this Order to Price's counsel at litigation@firstinpilaw.com.Signed by Judge Thomas P. Barber on 12/29/2025.
13 2025-12-30 SUMMONS issued as to Defendants Identified in Schedule 'A' of the Complaint.
14 2025-12-30 PROPOSED summons to be issued by Joel Price.
[+] 15 2025-12-30 NOTICE by Joel Price re 12 Order on Motion for Temporary Restraining Order PLAINTIFF'S NOTICE OF FILING REQUIRED BOND
16 2025-12-31 SUMMONS issued as to The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A.
[+] 17 2026-01-09 MOTION to Extend Temporary Restraining Order by Joel Price.
18 2026-01-09 ENDORSED ORDER: Finding good cause, this Court GRANTS the 17 Motion to Extend the Temporary Restraining Order. The 12 Order shall remain in effect through fourteen days from the date of entry of this Order. Signed by Judge Thomas P. Barber on 1/9/2026.
[+] 19 2026-01-22 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction, or, In the Alternative, Second Extension of Temporary Restraing Order, Motion for Temporary Restraining Order Plaintiff's Motion for Preliminary Injunction, or, In the Alternative, Second Extension of Temporary Restraing Order by Joel Price.
20 2026-01-23 Price's Motion for a Temporary Restraining Order (Doc. 19) is GRANTED-IN-PART and DENIED-IN-PART. The Temporary Restraining Order (Doc. 12) shall remain in effect through Monday, January 26, 2026, three calendar days from the date of this entry. No later than January 27, 2026, Price must serve a copy of the Complaint, (Doc. 1), this Order, and the Motion for Preliminary Injunction (Doc. 19), on the defendants. No later than January 28, 2026, Price must file a notice confirming that he has complied with this instruction or otherwise explain what efforts he has taken to ensure that the defendants have received notice. The defendants must respond to the Motion for Preliminary Injunction (Doc. 19) no later than February 2, 2026. A hearing on the Motion for Preliminary Injunction (Doc. 19) will be held before the undersigned in Courtroom 13B, 801 North Florida Avenue, Tampa, Florida, on February 4, 2026, at 10:00 AM. The parties are further directed to file "each paper" on which they rely no later than February 2, 2026. See Local Rule 6.02. Signed by Judge Kathryn Kimball Mizelle on 1/23/2026.
[+] 21 2026-01-26 MOTION for Contempt Against Third Parties TikTok and Alibaba for Failure to Comply with Temporary Restraining Order by Joel Price.
22 2026-01-28 ORDER: On or before January 29, 2026, Price is directed to provide notice of the upcoming preliminary injunction hearing to all known third parties and others who are in active concert or participation with the defendants or their agents and against whom he seeks an injunction or otherwise intends to bind through the proposed preliminary injunction, (Doc. 19). The notice must include a copy of the Complaint, (Doc. 1), this Order, the sealed exhibits (Docs. [2-1], [2-2]), the Motion for a TRO, (Doc. 11), the Court's Orders Granting and Extending the TRO, (Docs. 12, 18, 20), the Motion for a Preliminary Injunction, (Doc. 19), and the Motion for Contempt Against TikTok and Alibaba, (Doc. 21). Price must file a notice on or before January 30, 2026, confirming that he has complied with this instruction or otherwise explain what efforts he has taken to ensure that the third parties and non-parties have received notice. Any third party or non-party that seeks to respond to the motion for a preliminary injunction must do so no later than 12:00 P.M., EST, on February 3, 2026. Similarly, any third party or non-party that seeks permission to participate in the preliminary injunction hearing must file "each paper" on which it will rely by the same deadline. M.D. Fla. Local Rule 6.02(a)(2). Any third party or non-party must notify the Court of its response and any supporting papers via e-mail to the Chambers inbox, chambers_flmd_mizelle@flmd.uscourts.gov. Signed by Judge Kathryn Kimball Mizelle on 1/28/2026.
23 2026-01-28 ORDER: On or before January 30, 2026, Price is directed to provide notice of the Motion for Contempt to TikTok.com and Alibaba. The notice must include a copy of the Motion for Contempt (Doc. 21), all exhibits associated with the Motion, and this Order. Price must file proof of the notice provided to TikTok.com and Alibaba no later than February 2, 2026. No later than February 18, 2026, TikTok.com and Alibaba must show cause why they should not be held in contempt for violation of the Temporary Restraining Order this Court issued on December 29, 2025, and thereafter extended. See (Docs. 12, 18, 20). Signed by Judge Kathryn Kimball Mizelle on 1/28/2026.
[+] 24 2026-01-28 NOTICE of compliance re 20 Order Plaintiff's Notice of Compliance with January 23, 2026 Court Order and Status Report by Joel Price.
25 2026-01-30 NOTICE of Compliance by Joel Price re 22 Order Modified text to remove capitalization on 2/2/2026
[+] 26 2026-02-02 NOTICE of compliance re 23 Order Regarding Notice of Motion for Contempt by Joel Price.
[+] 27 2026-02-02 NOTICE of Filing Papers Relied upon for Preliminary Injunction Hearing and Second Status Report by Joel Price re 19 MOTION for Preliminary Injunction.
[+] 31 2026-02-02 AFFIDAVIT of Liesl Geneva Cone by The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A.
[+] 32 2026-02-02 RESPONSE in Opposition re 19 MOTION for Preliminary Injunction, or, in the Alternative, Second Extension of Temporary Restraining Order filed by The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A.
28 2026-02-03 NOTICE of settlement and Voluntary Dismissal with Prejudice as to Certain Schedule A Pro Se Defendants Only by Joel Price Modified on 2/4/2026 to remove capitalization
29 2026-02-04 MINUTE ENTRY for 2/4/2026 in-person hearing before Judge Kathryn Kimball Mizelle on 19 Motion for Preliminary Injunction or, in the Alternative, Second Extension of Temporary Restraining Order filed by Joel Price. Court Reporter: Rebekah Lockwood
30 2026-02-04 NOTICE of hearing on 19 Motion for Preliminary Injunction or, in the Alternative, Second Extension of Temporary Restraining Order filed by Joel Price. Motion Hearing scheduled for February 20, 2026, at 1:00 PM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle.
33 2026-02-04 ENDORSED ORDER construing the Affidavit by Liesl Geneva Cone on behalf of Dammit Liesl LLC (Doc. 31) as a motion for extension of time to respond to the Motion for a Preliminary Injunction (Doc. 19) and granting the extension. All defendants in this matter may respond no later than February 17, 2026, to the motion for a preliminary injunction. The hearing on the preliminary injunction was continued to 1 p.m. on February 20, 2026. Because plaintiff sued defendants under "seller ids" instead of the individual persons or companies and has not yet moved to substitute in the real parties of interest, it remains unclear whether Liesl Cone or Dammit Liesl LLC is the actual defendant. If the latter, Liesl Cone is notified that a pro se party cannot legally act on behalf of another defendant. See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel. The general rule applies even where the person seeking to represent the corporation is its president and major stockholder."). The Clerk is DIRECTED to serve this Order by mail to the address on file for Liesl Geneva Cone. Signed by Judge Kathryn Kimball Mizelle on 2/4/2026. (MLR) Modified on 2/4/2026
34 2026-02-04 ORDER: No later than February 6, 2026, Plaintiff Joel Price shall show cause why defendants--aside from the first Defendant on Schedule A--should not be severed and dismissed. Signed by Judge Kathryn Kimball Mizelle on 2/4/2026.
[+] 35 2026-02-04 Emergency MOTION for Miscellaneous Relief, specifically extension of time to obtain counsel and to continue preliminary injunction deadlines by The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A.
[+] 36 2026-02-04 RESPONSE to Motion re 19 MOTION for Preliminary Injunction Plaintiff's Motion for Preliminary Injunction, or, In the Alternative, Second Extension of Temporary Restraning Order, Motion for Temporary Restraining Order Plaintiff's Motion for Preliminary Injunction, or, In the Alternative, Second Extension of Temporary Restraning Order filed by The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A.
37 2026-02-05 ENDORSED ORDER: The Court GRANTS McMiffin Solutions LLC's 35 Motion for Extension of Time and permits McMiffin Solutions, as well as all defendants in this matter, to respond no later than February 17, 2026, to the motion for a preliminary injunction. The Court calls attention to three other matters. First, the hearing on the preliminary injunction was continued to 1 p.m. on February 20, 2026. Second, this 35 Motion for an Extension of Time was submitted by Alex Mari, who is the "Authorized Representative" of McMiffin Solutions. Because plaintiff identified the defendants under "seller ids" instead of by natural persons or corporate entities and has not yet moved to substitute in the real parties of interest, it remains unclear who the defendants are. The Court notifies McMiffin Solutions that "a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel" and "[t]he general rule applies even where the person seeking to represent the corporation is its president and major stockholder." See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Third, all parties should be aware that the Temporary Restraining Order expired on January 26, 2026. See Doc. 20 (extending the 12 Temporary Restraining Order through January 26, 2026, and no later). The Clerk is DIRECTED to serve this Order by mail to the address on file for McMiffin Solutions, LLC. Signed by Judge Kathryn Kimball Mizelle on 2/5/2026.
38 2026-02-05 ENDORSED ORDER: The Court received responses to the 19 Motion for a Preliminary Injunction from James Anthony Denier on behalf of the Etsy shop Laserkittyllc, as well as Xiaohan Zheng on behalf of the Etsy shop ToPro 3d. See (Docs. 32, 36). The Court calls attention to three matters. First, the hearing on the preliminary injunction was continued to 1 p.m. on February 20, 2026. Second, because plaintiff sued defendants under "seller ids" instead of by natural persons or corporate entities and has not yet moved to substitute in the real parties of interest, it remains unclear who the defendants are. For example, whether Lasertkittyllc and Topro 3d or James Anthony Denier and Xiaohan Zheng are the intended defendants. If the former, the Court calls attention to the rule that "a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel" and "[t]he general rule applies even where the person seeking to represent the corporation is its president and major stockholder." See Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385 (11th Cir. 1985). Third, all parties should be aware that the Temporary Restraining Order expired on January 26, 2026. See Doc. 20 (extending the 12 Temporary Restraining Order through January 26, 2026, and no later). The Clerk is DIRECTED to serve this Order by mail to the addresses on file for James Anthony Denier and Xiaohan Zheng. Signed by Judge Kathryn Kimball Mizelle on 2/5/2026.
39 2026-02-06 RESPONSE TO ORDER TO SHOW CAUSE filed by Joel Price.
40 2026-02-06 ORDER: No later than February 10, 2026, Price shall file an amended complaint that identifies each defendant, whether a natural person or corporate entity, by legal name to the extent he has such information. No later than February 11, 2026, Price must provide notice to each of the defendants of the continuance of the preliminary injunction hearing to February 20, 2026, at 1 p.m. Price must also provide notice to each defendant that the response deadline to the motion for preliminary injunction is February 17, 2026. No later than February 12, 2026, Price must submit proof on the docket of such notice to each defendant. Signed by Judge Kathryn Kimball Mizelle on 2/6/2026.
[+] 41 2026-02-10 AMENDED COMPLAINT for Damages and Injunctive Relief against The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A with Jury Demand. filed by Joel Price. Related document: 1 Complaint filed by Joel Price.
[+] 42 2026-02-10 Plaintiff's Sealed Documents in Support of Amended Complaint SEALED DOCUMENT re 41 Amended Complaint, 7 Sealed Order on Motion to Seal by Joel Price.
43 2026-02-11 Trademark Report electronically sent to the U.S. Patent and Trademark Office.
[+] 44 2026-02-12 NOTICE of compliance re 40 Order PLAINTIFF'S NOTICE OF COMPLIANCE WITH FEBRUARY 6, 2026 COURT ORDER REGARDING NOTICE OF PRELIMINARY INJUNCTION HEARING by Joel Price
45 2026-02-13 Plaintiff Joel Price's 10 Corporate Disclosure Statement fails to meet the standards this Court requires to effectively screen cases for potential conflicts. The Court requires parties to disclose "the name of each person, attorney, association of persons, firm, law firm, partnership, corporation, limited liability company, subsidiary, conglomerate, affiliate, member, and any other identifiable legal entity that has, or might have, an interest in the outcome of this action. as well as all other identifiable legal entities related to any party in the case." Civil Case Order (Doc. 5) at 6. On February 10, 2026, Price filed an 41 Amended Complaint providing the names of most of the defendants, but he has not updated his disclosure statement. Price must file an amended statement naming each of the named defendants and any other required party to be disclosed by using by using the form attached to the 5 Civil Case Order (also available on the undersigned's website) by February 16, 2026. Signed by Judge Kathryn Kimball Mizelle on 2/13/2026.
46 2026-02-16 ATTORNEY NOTIFIED TO REFILE USING THE CORRECT EVENT. AMENDED document by Joel Price. Amendment to 10 Disclosure Statement - LR 3.03 and FRCP 7.1, 5 Standing Order, 45 Order Amended Certificate of Interested Persons and Corporate Disclosure Statement. Modified on 2/17/2026 to edit docket text
47 2026-02-17 Amended DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Joel Price. Modified on 2/18/2026
48 2026-02-17 NOTICE of settlement SECOND NOTICE OF SETTLEMENT AND VOLUNTARY DISMISSAL WITH PREJUDICE AS TO CERTAIN SCHEDULE A DEFENDANTS ONLY by Joel Price
49 2026-02-17 NOTICE of Appearance by Diana Mederos on behalf of Liesl G Cone
[+] 50 2026-02-17 ANSWER and affirmative defenses to 41 Amended Complaint, COUNTERCLAIM against Joel Price by Liesl G Cone.
51 2026-02-18 NOTICE of voluntary dismissal by Joel Price
52 2026-02-18 NOTICE of settlement THIRD NOTICE OF SETTLEMENT AND VOLUNTARY DISMISSAL WITH PREJUDICE AS TO CERTAIN SCHEDULE A DEFENDANTS ONLY by Joel Price
53 2026-02-19 NOTICE of voluntary dismissal by Joel Price
[+] 54 2026-02-19 MOTION for Diana Mederos and Liandra Izquierdo to appear by video by Liesl G Cone.
55 2026-02-19 ORDER: The Temporary Restraining Order (Doc. [12]) and the orders extending it (Docs. [18] and [20]) are VACATED. The Order to Show Cause (Doc. [23]) is DISCHARGED and the Motion for Contempt Against Third Parties (Doc. [21]) is DENIED as moot. The Motion for Preliminary Injunction (Doc. [19]) is DENIED.The Clerk is directed to UNSEAL all filings.The February 20, 2026 Hearing on the Motion for a Preliminary Injunction is CANCELLED.As soon as possible but no later than noon on February 20, 2026, Price must provide notice of this Order to all current defendants, former defendants, and nonparties in this action, including every seller identified on Schedule A (Doc. [2-1]) and every third party or nonparty that Price contacted in his efforts to enforce the now-vacated Temporary Restraining Order. No later than February 23, 2026, Price shall submit proof to this Court of such notice.The Amended Complaint (Doc. [41]) is DISMISSED without prejudice as to all remaining defendants except Liesl G. Cone. The Clerk is DIRECTED to SUBSTITUTE "Liesl G. Cone" as the only defendant in this action, and to keep Joel Price as Counter Defendant.The Motion to Appear Electronically (Doc. [54]) is DENIED as moot.The Clerk is DIRECTED to mail this order to the addresses on file for the pro se sellers who have responded: James Anthony Denier, Xiaohan Zheng, and McMiffin Solutions, LLC. Signed by Judge Kathryn Kimball Mizelle on 2/19/2026.
[+] 56 2026-02-21 NOTICE of compliance re [55] Order on Motion to Appear Telephonically / Video Order on Motion for Preliminary Injunction Order on Motion for Temporary Restraining Order Order on Motion for Miscellaneous Relief PLAINTIFF'S NOTICE OF COMPLIANCE WITH FEBRUARY 19, 2026 ORDER (ECF NO. 55) by Joel Price
57 2026-02-23 ENDORSED ORDER: The Court notes that the parties must comply with the deadlines in the [5] Civil Case Standing Order and the Federal Rules of Civil Procedure. Defendant Liesl Cone must file her disclosure statement no later than March 3, 2026; Price must respond to Cone's counterclaims in accordance with Federal Rule of Civil Procedure 12; and Lead Counsel must file a case management report no later than March 16, 2026. Signed by Judge Kathryn Kimball Mizelle on 2/23/2026.