LUCZAK v. NATIONAL BEVERAGE CORP. et al
| THOMAS W. LUCZAK |
| NATIONAL BEVERAGE CORP., GEORGE R. BRACKEN and NICK A. CAPORELLA |
| 0:2018cv61631 |
| July 17, 2018 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Broward (Office: Ft Lauderdale) |
| K Michael Moore |
| Lurana S Snow |
| Securities/Commodities |
| 15 U.S.C. ยง 0078 |
| Plaintiff |
Docket Report
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion to Establish a Schedule for the Filing of an Operative Complaint and Responses Thereto and to Stay Compliance with Certain Pretrial Procedures and Obligations #8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, the Motion #8 is hereby GRANTED IN PART. An operative complaint shall be filed or designated by Lead Plaintiff on or before October 8, 2018. Defendants shall not be required to respond to the current Complaint #1 in this action unless it is designated the operative complaint by Lead Plaintiff. Defendants shall answer, move, or otherwise respond to the operative complaint twenty (20) calendar days after it is filed or designated. If any Defendant files a motion to dismiss, Lead Plaintiff shall file any opposition within twenty (20) calendar days and Defendants shall file any replies twenty (20) calendar days thereafter. Additionally, because this case arises under the Private Securities Litigation Reform Act, it is hereby ORDERED that all of the pretrial procedures and obligations set forth under Fed. R. Civ. P. 16 and 26(a) and (f), Local Rule 16.1B, and this Courts Scheduling Conference Order, and all other discovery obligations, are STAYED until this Court rules on all motions to dismiss that may be filed by Defendants. Signed by Chief Judge K. Michael Moore on 8/23/2018. (mll)
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| Filing 10 Notice of Entry of Parties Listed on #7 Certificate of Interested Parties/Corporate Disclosure Statement into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Amy J Eldridge, Lacey A. Gehm, Nicholas G. Terris, K&L Gates, LLP, David W. Hall, Hedin Hall, LLP, Jeremy A. Lieberman, J. Alexander Hood, II, Patrick V. Dahlstrom, Pomerantz, LLP, Corey D. Holzer and Holzer & Holzer, LLC. (Casey, Daniel) |
| Filing 9 Clerks Notice to Filer re #7 Certificate of Interested Parties/Corporate Disclosure Statement. All Parties Not Added; ERROR - The Filer failed to add all associated parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (ail) |
| Filing 8 Joint MOTION Motion to Establish a Schedule for the Filing of an Operative Complaint and Responses Thereto and to Stay Compliance by GEORGE R. BRACKEN, NICK A. CAPORELLA, NATIONAL BEVERAGE CORP.. Attorney Daniel Arthur Casey added to party GEORGE R. BRACKEN(pty:dft), Attorney Daniel Arthur Casey added to party NICK A. CAPORELLA(pty:dft). (Attachments: #1 Text of Proposed Order)(Casey, Daniel) |
| Filing 7 Certificate of Interested Parties/Corporate Disclosure Statement by NATIONAL BEVERAGE CORP. (Casey, Daniel) |
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Filing 6
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES Signed by Magistrate Judge Lurana S. Snow on 7/20/2018. See attached document for full details. (ail)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 7/19/2018. (cce)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 7/19/2018. (cce)
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| Filing 3 Summons Issued as to GEORGE R. BRACKEN, NICK A. CAPORELLA, NATIONAL BEVERAGE CORP.. (ail) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ail) |
| Filing 1 COMPLAINT against GEORGE R. BRACKEN, NICK A. CAPORELLA, NATIONAL BEVERAGE CORP.. Filing fees $ 400.00 receipt number 113C-10825163, filed by THOMAS W. LUCZAK. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) to National Beverage Corp., #3 Summon(s) to Nick A. Caporella, #4 Summon(s) to George R. Bracken)(Hedin, Frank) |
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