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

Middle District of Florida, flmd-8:2016-cv-01503

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)

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PageID 2624 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 and Recommendation of the Honorable Anthony E. Porcelli, United States Magistrate Judge, recommending 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 are no objections to the report and recommendation, and the time for the parties to 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 PageID 2625 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 PageID 2626 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. Aguieus and Bingham are not enjoined from using the trade names 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 PageID 2627 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. 4