1

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

RAANAN KATZ, an individual,Plaintiff,

vs.

IRINA CHEVALDINA,Defendant.

CASE NO.: 1:12-CV-22211-JLK

/

NOTICE OF PENDING, REFILED, RELATED OR SIMILAR ACTIONS

Pursuant to Local Rule 3.8, Defendant, IRINA CHEVALDINA, (hereinafter

"CHEVALDINA"), by and through undersigned counsel, submits this Notice of Pending,

Refiled, Related or Similar Actions. Local Rule 3.8 provides in pertinent part that “[i]t shall be

the continuing duty of the attorneys of record … to promptly bring to the attention of the Court

and opposing counsel … the existence of any similar actions or proceedings then pending before

another court or administrative agency.”

The parties in the instant case are involved in concurrent state court litigation and a

removed and then subsequently remanded prior federal court litigation over the same subject

matter.

A. R.K./Fl Management, Inc., R.K. Associates VII, Inc., 17070 Collins Avenue Shopping

Center, Ltd., Raanan Katz, and Daniel Katz v. Irina Chevaldina, Case No.

11-17842-CA32, 11th Judicial Circuit, in and for Dade County, FL (hereinafter "State

Court Action").

Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 1 of 4

2

B. The removed and remanded prior federal court case: R.K./Fl Management, Inc. et. al v.

John Doe, 11-22657-Civ-COOKE/TURNOFF (consolidated with John Doe v. R.K./FL

Management, Inc., et.al.,11-22672-GRAHAM/GOODMAN).

The State Court Action was originally removed by JOHN DOE (who was subsequently

identified as CHEVALDINA), because the RK Plaintiff group asserted a violation of the

Lanham Act (the federal trademark act). A second federal action was filed (Case No. 11-22672)

and then consolidated before Judge Cooke as Case No. 11-22657. The consolidated case 22657

related to the identical blog postings at issue in the pending State Court Action.

The present captioned case (Case No. 12-CV-22211) involves the identical blog as in the

State Court Action because the Photograph of KATZ used in the blog allegedly infringes

KATZ’s copyright. Ultimately, the consolidated case before Judge Cooke was remanded back to

state court since R.K./Fl Management, Inc. et. al dropped their federal claim of false advertising

under the Lanham Act.

The parties and subject matter of the cases are all directly connected and nearly identical.

KATZ is the owner and prime mover of all corporate Plaintiffs.

The direct connection between these cases was not entirely clear until Plaintiff filed its

amended complaint (D.E. 10) specifically identifying the location of the alleged violations,

namely the blogs at issue in the prior case before Judge Cooke and the current pending state

court case.

[space left blank]

Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 2 of 4

3

Therefore, in accordance with CHEVALDINA’s obligation under S.D.F.L. Local Rule

3.8 this notice of Pending, Refiled, Related or Similar Actions is required.

Dated: Aug. 9, 2012 Respectfully submitted,

By: /RobertKain/Robert C. Kain, Jr. (Fla. Bar No. 266760)rkain@complexip.comDarren Spielman (Fla. Bar No. 010868)Dspielman@complexip.comKain & Associates, Attorneys at Law, P.A.900 Southeast Third Avenue, Suite 205Ft. Lauderdale, Florida 33316-1153Telephone: (954) 768-9002Facsimile: (954) 768-0158Attorneys for Defendant Chevaldina

Marc J. Randazza (625566)Randazza Legal Group6525 West Warm Springs Rd. Ste. 100Las Vegas, Nevada 89118Phone: (888) 667-1113Fax: (305) 437-7662mjr@randazza.comCo-counsel for Defendant

CERTIFICATE OF SERVICE

I hereby certify that on _Aug. 9, 2012_________________, I electronically filed theforegoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoingdocument is being served this day on all counsel of record or pro se parties identified on theattached Service List in the manner specified, either via transmission of Notices of ElectronicFiling generated by CM/ECF or in some other authorized manner for those counsel or partieswho are not authorized to receive electronically Notices of Electronic Filing.

Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 3 of 4

4

Alan Kluger, Esq.Todd Levine, Esq.Lindsay Haber, Esq.Kluger, Kaplan, et al.Miami Center, 17th Floor201 S. Biscayne Blvd., Suite 1700Miami, FL 33131305-379-9000fax 305-379-3428

Michael Chesal, Esq. Peretz, Chesal & Herrmann, P.L. 201 S. Biscayne Blvd., Suite 1750Miami, FL 33131T. 305-341-3000F. 305-371-6807

/RobertKain/ Robert C. Kain, Jr.

Florida Bar No. 266760

Case 1:12-cv-22211-JLK Document 13 Entered on FLSD Docket 08/09/2012 Page 4 of 4