Couture et al v. Noshirvan et al
| Jennifer Couture and Ralph Garramone, M.D. doing business as Garramone Plastic Surgery |
| Danesh Noshirvan, TikTok, Inc., ByteDance, Inc., John Does 1-100 and ABC Corporations 1-100 |
| 2:2023cv00340 |
| May 22, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 4, 2024. A more recent docket listing may be available from PACER.
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Filing 79
ENDORSED ORDER granting #74 Defendants TikTok Inc. and ByteDance Inc.'s Motion for Extension of Time to Respond to Plaintiffs' First Request for Production. Although the motion is opposed, after considering the parties' arguments the Court finds good cause to grant the extension. Defendants TikTok and ByteDance must respond to Plaintiffs' First Request for Production by 12/15/23. Signed by Magistrate Judge Kyle C. Dudek on 11/15/2023. (BLW)
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Filing 78
ENDORSED ORDER granting #73 Defendant Danesh Noshirvan's Motion for Extension of Time to Respond to Plaintiffs' First Request for Production. Although the motion is opposed, after considering the parties' arguments the Court finds good cause to grant the extension. Defendant Noshirvan must respond to Plaintiffs' First Request for Production by 1/16/24. Signed by Magistrate Judge Kyle C. Dudek on 11/15/2023. (BLW)
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Filing 77
ENDORSED ORDER denying #75, #76 Plaintiffs' Motions to respond because filing a motion is unnecessary. Local Rule 3.01 allows a party to respond to a motion. The Court will consider the arguments made within the filing. Signed by Magistrate Judge Kyle C. Dudek on 11/15/2023. (BLW)
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Filing 76
MOTION for Miscellaneous Relief, specifically Deny motion or grant permission to file opposition by Jennifer Couture, Ralph Garramone, MD. (Trainor, Patrick) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 75
MOTION for Miscellaneous Relief, specifically Deny motion or grant permission to file opposition by Jennifer Couture, Ralph Garramone, MD. (Trainor, Patrick) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 74
MOTION for Extension of Time to Complete Discovery by ByteDance, Inc., TikTok, Inc. (Diamond, Spencer) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 73
MOTION for Extension of Time to Complete Discovery by Danesh Noshirvan. (Chiappetta, Nicholas) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 72
ENDORSED ORDER. The parties devote over six pages to argue about whether a reply brief should be stricken for going a half page over the page limit. Surely, professional courtesy demands otherwise. The Court will consider the reply brief and the motion to strike (Doc. #70) is denied. Signed by Magistrate Judge Kyle C. Dudek on 11/2/2023. (BLW)
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Filing 71
RESPONSE in Opposition re #70 First MOTION for Miscellaneous Relief, specifically Opposition/Objection to Excessive Page Length of Defendant's Reply filed by Danesh Noshirvan. (Chiappetta, Nicholas)
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Filing 70
First MOTION for Miscellaneous Relief, specifically Opposition/Objection to Excessive Page Length of Defendant's Reply by Jennifer Couture, Ralph Garramone, MD. (Trainor, Patrick) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 69
REPLY to Response to Motion re #63 MOTION to Dismiss Amended Complaint filed by Danesh Noshirvan. (Chiappetta, Nicholas)
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Filing 68
ENDORSED ORDER terminating Doc. #66 status as a pending motion. The motion for leave to reply was granted at Doc. 67. Signed by Magistrate Judge Kyle C. Dudek on 10/27/2023. (BLW)
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Filing 67
ENDORSED ORDER granting #66 Defendant's Motion for Leave to File a Reply. Given Plaintiffs have not filed a response in opposition to the motion, and the Court otherwise finding good cause, Defendant Danesh Noshirvan may file a 7-page reply brief no later than 11/3/2023. Defendant's motion is denied to the extent it seeks any greater relief. Signed by Magistrate Judge Kyle C. Dudek on 10/27/2023. (DM)
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Filing 66
MOTION for Miscellaneous Relief, specifically for Leave to File a Reply by Danesh Noshirvan. (Chiappetta, Nicholas) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 65
RESPONSE in Opposition re #63 MOTION to Dismiss Amended Complaint filed by Jennifer Couture, Ralph Garramone, MD. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit Attorney Certification)(Trainor, Patrick)
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Filing 64
NOTICE OF SELECTION of Aleksas Barauskas as mediator by Jennifer Couture, Ralph Garramone, MD. (Trainor, Patrick)
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Filing 63
MOTION to Dismiss Amended Complaint by Danesh Noshirvan. (Chiappetta, Nicholas) Modified text on 9/22/2023 (JK).
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Filing 62
ENDORSED ORDER granting #61 Motion for Extension of Time to Answer. Given the motion is unopposed, and the Court otherwise finding good cause, the deadline for Defendant Noshirvan to answer the complaint is extended to 10/13/23. Signed by Magistrate Judge Kyle C. Dudek on 9/14/2023. (Dudek, Kyle)
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Filing 61
Unopposed MOTION for Extension of Time to File Answer re #9 Amended Complaint by Danesh Noshirvan. (Chiappetta, Nicholas) Motions referred to Magistrate Judge Kyle C. Dudek.
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Set/reset deadlines/hearings: for Danesh Noshirvan. Answer due by 9/15/2023. (LAB)
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Filing 60
ENDORSED ORDER. For the reasons stated during the preliminary pretrial conference, Defendant Noshirvan's #48 Motion for Extension of Time is granted in part and denied in part. Noshirvan has until September 15, 2023 to respond to the complaint. The motion is denied to the extent it seeks any different relief. Signed by Magistrate Judge Kyle C. Dudek on 9/11/2023. (Dudek, Kyle)
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Filing 58
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/31/2023; Joinder of Parties due by 10/31/2023; Discovery due by 8/2/2024; Dispositive motions due by 8/30/2024; Pretrial statement due by 2/14/2025; All other motions due by 2/10/2025; Plaintiff disclosure of expert report due by 5/4/2024; Defendant disclosure of expert report due by 6/3/2024; Final Pretrial Conference set for 2/28/2025 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell; Jury Trial set for 3/3/2025 trial term in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Conduct mediation hearing by 8/9/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 9/11/2023. (CGW)
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Filing 57
Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 55 ORAL Motion for Extension of Time to File Designation of Lead Counsel and Notice of Related Action by 9/18/23; granting 56 JOINT ORAL Motion for Extension of Time to File Selection of Mediator by 9/25/23; PRELIMINARY PRETRIAL CONFERENCE held on 9/11/2023. (Digital) (CGW)
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Filing 56
JOINT ORAL MOTION for Extension of Time to File Notice of Selection of Mediator by 9/25/23 by ByteDance, Inc., Jennifer Couture, Ralph Garramone, MD, TikTok, Inc. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 55
ORAL MOTION for Extension of Time to File Designation of Lead Counsel and Notice of Related Action by 9/18/23 by All Plaintiffs. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 54
NOTICE of a related action per Local Rule 1.07(c) by Jennifer Couture, Ralph Garramone, MD. Related case(s): No (Trainor, Patrick)
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Filing 53
NOTICE of Lead Counsel Designation by Patrick Trainor on behalf of Jennifer Couture, Ralph Garramone, MD. Lead Counsel: Patrick Trainor. (Trainor, Patrick)
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Filing 52
REPLY to Response to Motion re #33 MOTION to Dismiss Amended Complaint filed by ByteDance, Inc., TikTok, Inc. (Diamond, Spencer) Modified on 9/6/2023 (CTR).
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Filing 51
ENDORSED ORDER denying without prejudice #50 Motion for Clerk's Default. Defendant Noshirvan has entered an appearance in this case and moved for an extension of time to retain counsel and respond to the complaint. The Court thus denies Plaintiffs' request for a clerk's default. Should the Court reject Defendant Noshirvan's request for an extension, Plaintiffs can renew their request for a default. Signed by Magistrate Judge Kyle C. Dudek on 9/1/2023. (Dudek, Kyle)
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Filing 50
First MOTION for Clerk's Default against Danesh Noshirvan by Jennifer Couture, Ralph Garramone, MD. (Attachments: #1 Affidavit Attorney Certification, #2 Exhibit Proof of Service)(Trainor, Patrick) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 49
ENDORSED ORDER granting Defendants TikTok, Inc.'s and ByteDane Inc.'s Motion for Leave to File Reply in Support of Defendants' Motion to Dismiss (Doc. #42). Having considered the grounds upon which Defendants seek a reply and Plaintiffs' response in opposition, Defendants may file a reply brief of no more than five pages on or before September 5, 2023. Signed by Judge Sheri Polster Chappell on 8/29/2023. (LAF)
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Filing 48
AMENDED MOTION for Extension of Time to Retain Counsel by Danesh Noshirvan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(JK) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 47
CASE MANAGEMENT REPORT. (Trainor, Patrick)
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Filing 46
ENDORSED ORDER denying without prejudice #45 Pro Se Motion for Extension of Time to Retain Counsel for failure to comply with Local Rule 3.01(g). Signed by Magistrate Judge Kyle C. Dudek on 8/25/2023. (Dudek, Kyle)
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Filing 45
MOTION for Extension of Time to File Notice of Counsel by Danesh Noshirvan. (Attachments: #1 Exhibit A, #2 Exhibit B)(JK) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 44
RESPONSE in Opposition re #42 MOTION for Miscellaneous Relief, specifically Leave to File Reply in Support of Defendants' Motion to Dismiss filed by Jennifer Couture, Ralph Garramone, MD. (Trainor, Patrick)
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Filing 43
ENDORSED ORDER. Before the Court is Defendants TikTok Inc.'s and ByteDance Inc.'s Motion for Leave to File Reply in Support of Defendants' Motion to Dismiss. (Doc. #42). The Local Rule 3.01(g) Certification states Plaintiffs are opposed to this motion. (Doc. #42 at Pg. 3). On or before August 23, 2023, Plaintiffs must file a response of no more than 3 pages stating why they are opposed to the motion. Signed by Judge Sheri Polster Chappell on 8/18/2023. (LAF)
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Filing 42
MOTION for Miscellaneous Relief, specifically Leave to File Reply in Support of Defendants' Motion to Dismiss by ByteDance, Inc., TikTok, Inc.. (Diamond, Spencer) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 41
RESPONSE in Opposition re #33 MOTION to Dismiss Amended Complaint filed by Jennifer Couture, Ralph Garramone, MD. (Trainor, Patrick)
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Filing 40
NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 8/7/23 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 9/11/2023 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 8/28/2023. Zoom instructions will be sent via separate email to counsel of record.(CGW)
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Filing 39
ENDORSED ORDER granting #38 Unopposed Motion to Continue the Preliminary Pretrial Conference. Defendant Danesh Noshirvan, now proceeding pro se, must inform the Court by August 24, 2023, whether he intends to proceed pro se. If Noshirvan obtains new counsel, they should file a notice of appearance by that date. Noshirvan's response to the complaint is due by August 31, 2023. The preliminary pretrial conference will be continued to allow time for Noshirvan to obtain counsel. The parties must file an amended case management report, using the uniform case management report form available on the judge's webpage on the Court's website, no later than 14 days before the rescheduled PPTC. Signed by Magistrate Judge Kyle C. Dudek on 7/25/2023. (BLW)
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Filing 38
Unopposed MOTION to Continue the Preliminary Pretrial Conference by ByteDance, Inc., TikTok, Inc. (Attachments: #1 Exhibit)(Diamond, Spencer) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 7/25/2023 (MCB).
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Filing 37
UNILATERAL CASE MANAGEMENT REPORT. (Diamond, Spencer)
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Filing 36
ENDORSED ORDER granting #34 Amended Motion to Withdraw as Attorney. Attorney Robson David Charles Powers will have no further responsibility in this matter and the Clerk is directed to terminate him from this case. The Clerk is further directed to mail this and all future orders to Danesh Noshirvan, 2411 Charleston Road, Mansfield PA 16933, and add his contact information as set forth in Doc. #34 to the docket sheet. To the extent Plaintiffs want to request any evidence as set forth in their Response (Doc. #35), they can do so by following the procedures available to them in the Federal Rules of Civil Procedure. Signed by Magistrate Judge Kyle C. Dudek on 7/24/2023. (BLW)
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Filing 35
RESPONSE to Motion re #34 Amended MOTION for Robson D.C. Powers to Withdraw as Attorney filed by Jennifer Couture, Ralph Garramone, MD. (Trainor, Patrick)
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Filing 34
Amended MOTION for Robson D.C. Powers to Withdraw as Attorney by Danesh Noshirvan. (Powers, Robson) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 33
MOTION to Dismiss Amended Complaint by ByteDance, Inc., TikTok, Inc. (Diamond, Spencer) Modified text on 7/21/2023 (JK).
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Filing 32
ENDORSED ORDER denying without prejudice #31 Motion to Withdraw as Attorney for failure to comply with Local Rule 3.01(g) and Local Rule 2.02(c)(1). Signed by Magistrate Judge Kyle C. Dudek on 7/20/2023. (Dudek, Kyle)
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Filing 31
MOTION for Robson D.C. Powers to Withdraw as Attorney by Danesh Noshirvan. (Powers, Robson) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 30
ENDORSED ORDER granting #29 Defendant Danesh Noshirvan a/k/a/ @THATDANESHGUY's Unopposed Motion for Extension of Time to Respond to the Amended Complaint. Given the parties' agreement, and otherwise finding good caues, Danesh Noshirvan's response to the amended complaint is due by 7/24/2023. Signed by Magistrate Judge Kyle C. Dudek on 6/22/2023. (BLW)
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Filing 29
MOTION for Extension of Time to File Answer by Danesh Noshirvan. (Powers, Robson) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 28
ENDORSED ORDER granting #26 Motion for Kathleen A. Sacks, Esq. to specially appear to represent Defendants TikTok Inc. and ByteDance Inc., which complies with Local Rule 2.01(c). Unless non-resident attorney Sacks already has CM/ECF filing credentials for the Middle District of Florida, she shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 6/16/2023. (BLW)
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Filing 27
ENDORSED ORDER granting #25 Motion for Lennette Lee, Esq. to specially appear to represent Defendants TikTok Inc. and ByteDance Inc., which complies with Local Rule 2.01(c). Unless non-resident attorney Lee already has CM/ECF filing credentials for the Middle District of Florida, she shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 6/16/2023. (BLW)
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Filing 26
Unopposed MOTION for Kathleen A. Sacks to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20949839 for $150 by ByteDance, Inc., TikTok, Inc. (Diamond, Spencer) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 6/20/2023 (SEH).
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Filing 25
Unopposed MOTION for Lennette Lee to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20949791 for $150 by ByteDance, Inc., TikTok, Inc. (Diamond, Spencer) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 6/20/2023 (SEH).
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Filing 24
CORPORATE Disclosure Statement by Jennifer Couture, Ralph Garramone, MD. (Trainor, Patrick)
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Filing 23
CERTIFICATE of interested persons and corporate disclosure statement by Danesh Noshirvan. (Powers, Robson)
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Filing 22
NOTICE of hearing: Preliminary Pretrial Conference set for 8/7/2023 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 7/24/2023. Zoom instructions will be sent via separate email to counsel of record. (CGW)
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Filing 21
NOTICE of Lead Counsel Designation by Robson David Charles Powers on behalf of Danesh Noshirvan. Lead Counsel: Robson D.C. Powers. (Powers, Robson)
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Set/reset hearings: Preliminary Pretrial Conference set for 8/7/2023 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. (CGW)
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Filing 20
ENDORSED ORDER granting #17 Motion for Extension of Time. Given Defendants' motion is unopposed, and the Court otherwise finding good cause, the deadline for Defendants TikTok Inc. and ByteDance Inc. to respond to the complaint is extended to July 20, 2023. Signed by Magistrate Judge Kyle C. Dudek on 6/14/2023. (Dudek, Kyle)
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Filing 19
CORPORATE Disclosure Statement by ByteDance, Inc. identifying Corporate Parent ByteDance Ltd. for ByteDance, Inc. (Diamond, Spencer) Modified text on 6/15/2023 (SEH).
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Filing 18
CORPORATE Disclosure Statement by TikTok, Inc. identifying Corporate Parent TikTok LLC, Other Affiliate TikTok Ltd., Other Affiliate ByteDance Ltd. for TikTok, Inc. (Diamond, Spencer) Modified text on 6/15/2023 (SEH).
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Filing 17
Unopposed MOTION for Extension of Time to File Response/Reply as to #9 Amended Complaint by ByteDance, Inc., TikTok, Inc. (Diamond, Spencer) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 6/15/2023 (SEH).
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Filing 16
RETURN of service executed on 6/2/2023 by Jennifer Couture, Ralph Garramone, MD as to Danesh Noshirvan. (Trainor, Patrick)
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Filing 15
RETURN of service executed on 6/1/2023 by Jennifer Couture, Ralph Garramone, MD as to ByteDance, Inc. (Trainor, Patrick) Modified text on 6/6/2023 (SEH).
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Filing 14
RETURN of service executed on 6/1/2023 by Jennifer Couture, Ralph Garramone, MD as to TikTok, Inc. (Trainor, Patrick) Modified text on 6/6/2023 (SEH).
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Filing 13
RETURN of service executed on 5/30/2023 by Jennifer Couture, Ralph Garramone, MD as to ByteDance, Inc. (Trainor, Patrick) Modified text on 6/6/2023 (SEH).
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Filing 12
RETURN of service executed on 5/30/2023 by Jennifer Couture, Ralph Garramone, MD as to TikTok, Inc. (Trainor, Patrick) Modified text on 6/6/2023 (SEH).
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Filing 11
DISREGARD-COUNSEL NOTIFIED TO REFILE--RETURN of service executed on 6/1/2023 by Jennifer Couture, Ralph Garramone, MD as to ByteDance, Inc., TikTok, Inc.. (Attachments: #1 Affidavit Affidavit of Service Summons and Amended Complaint Bytedance, #2 Affidavit Affidavit of Service Summons and Complaint, #3 Affidavit Affidavit of Service Summons Amended Complaint Bytedance)(Trainor, Patrick) Modified on 6/5/2023 re: notify counsel (SEH).
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Filing 10
DISREGARD-COUNSEL NOTIFIED TO REFILE--PROOF of service by Jennifer Couture, Ralph Garramone, MD (Attachments: #1 Affidavit Bytedance Complaint Affidavit of Service, #2 Affidavit TikTok Amended Complaint Affidavit of Service, #3 Affidavit Bytedance Amended Complaint Affidavit of Service)(Trainor, Patrick) Modified on 6/5/2023 re: notify counsel (SEH).
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Filing 9
AMENDED COMPLAINT against ByteDance, Inc., ABC Corporations 1-100, John Does 1-100, Danesh Noshirvan, TikTok, Inc. with Jury Demand. filed by Jennifer Couture, Ralph Garramone, MD. Related document: #1 Complaint, filed by Ralph Garramone, M.D., Jennifer Couture. (Attachments: #1 Exhibit Redline Amended Complaint, #2 Exhibit Civil Disclosure, #3 Civil Cover Sheet Civil Cover Sheet)(Trainor, Patrick)
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Filing 8
ORDERED: The Complaint (Doc. #1) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint by June 13, 2023. Failure to do so will cause the Court to close this case without further notice. Signed by Judge Sheri Polster Chappell on 5/30/2023. (AEH)
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Filing 7
SUMMONS issued as to ByteDance, Inc., Danesh Noshirvan and TikTok, Inc. (SEH)
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Filing 6
PROPOSED summons to be issued by Jennifer Couture, Ralph Garramone, MD. (Attachments: #1 Supplement Cover Letter, #2 Proposed Summons Danesh Noshirvan, #3 Proposed Summons ByteDance Inc, #4 Proposed Summons TikTok Inc)(Trainor, Patrick)
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Filing 5
ENDORSED ORDER granting #2 Motion to Appear Pro Hac Vice, which complies with Local Rule 2.01(c). Unless non-resident attorney Patrick Trainor already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 5/25/2023. (Dudek, Kyle)
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Filing 4
CIVIL Action Order Signed by All Divisional Judges on 5/24/2023. (SEH)
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Filing 3
CERTIFICATE of interested persons and corporate disclosure statement by Jennifer Couture, Ralph Garramone, MD. (SEH)
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Filing 2
MOTION for Patrick Trainor to appear pro hac vice (Pro Hac Vice fee $150.00, receipt number 16257) by Jennifer Couture, Ralph Garramone, MD. (SEH) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 1
COMPLAINT against ByteDance, Inc., ABC Corporations 1-100, John Does 1-100, Danesh Noshirvan, TikTok, Inc. with Jury Demand (Filing fee $402.00, receipt number 16236) filed by Jennifer Couture, Ralph Garramone, MD. (Attachments: #1 Civil Cover Sheet)(SEH)
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