Red Dragon Partners, LLC v. TruthMD, LLC et al
| Red Dragon Partners, LLC |
| TruthMD, LLC, Gemma Cunningham, Dr. Charles D. Rosen, Gary L. Wilson and Morgan St. John |
| 1:2024cv00450 |
| April 10, 2024 |
| US District Court for the District of Delaware |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 53 Local Counsel Letter sent. Notice of Compliance deadline set for 5/10/2024. (jfm) |
| Filing 52 Record of case transferred in from District of Florida Southern; Case Number in Other District: 0:23-cv-60093. Copy of Docket Sheet and original file |
Filing 51
ORDER granting #46 Motion to Transfer Venue. Transferring Case to the United States District Court for the District of Delaware; Closing Case. Signed by Judge Jose E. Martinez on 4/10/2024. See attached document for full details. (ls) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 50 RESPONSE to Motion re #46 Plaintiff's Motion to Change Venue/Transfer filed by Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson. Replies due by 4/8/2024. (Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 49
PAPERLESS ORDER granting #48 Joint Motion for Extension of Time. The parties shall exchange their witness lists on or before June 26, 2024. Signed by Judge Jose E. Martinez on 3/29/2024. (jck) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 48 Joint MOTION for Extension of Time to Exchange Witness Lists by Red Dragon Partners, LLC. Responses due by 4/11/2024. (Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 47
PAPERLESS ORDER staying #9 Motion to Dismiss pending Defendants' response to #46 Plaintiff's Motion to Transfer Venue. In its #45 Objections to the #41 R&R, Plaintiff argues that dismissal under Federal Rule of Civil Procedure 12(b)(3) is incorrect and notes that [a] district court can sua sponte convert a motion to dismiss into a 1404(a) transfer motion where a forum-selection clause contemplates a different federal forum. Big Gates Mgmt. Grp. Intl, LLC v. James, No. 1:18-CV-3291-JPB, 2020 WL 4556139, at *2 (N.D. Ga. Apr. 20, 2020) (noting that district courts have authority to consider sua sponte transferring cases instead of dismissing them entirely (quoting Hisey v. Qualtek USA, LLC, 753 F. Appx 698, 704 n.5 (11th Cir. 2018))). This Court notes that Defendants never responded to Plaintiff's Objections on March 25, 2024, as set forth in this Court's Order 44 . Because "the Eleventh Circuit has long approved of transferring cases sua sponte so long as the parties are given notice and the opportunity to respond prior thereto," id., this Court awaits Defendants' response to #46 Plaintiff's Motion to Transfer Venue before ruling on the Motion to Dismiss and R&R. Signed by Judge Jose E. Martinez on 3/27/2024. (jck) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 46 Plaintiff's Motion to Change Venue/Transfer by Red Dragon Partners, LLC. (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) Modified text on 3/19/2024 (drz). Modified Relief on 3/27/2024 (ls). [Transferred from Florida Southern on 4/10/2024.] |
| Filing 45 OBJECTIONS to #41 Report and Recommendations by Red Dragon Partners, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 44
PAPERLESS ORDER granting in part #43 Motion for Extension of Time. Plaintiff Red Dragon Partners, LLC shall file it objections to the #40 R&R on or before March 18, 2024. Defendants TruthMD, LLC, Gemma Cunningham, Morgan St. John, Gary L. Wilson, and Dr. Charles D. Rosen shall respond to Plaintiff's objections on or before March 25, 2024. No further extensions of time shall be granted absent exigent circumstances. Signed by Judge Jose E. Martinez on 3/11/2024. (jck) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 43 Unopposed MOTION for Extension of Time To Object to Magistrate Judge's Report & Recommendation re #40 Order on Motion to Dismiss by Red Dragon Partners, LLC. Responses due by 3/25/2024. (Attachments: #1 Text of Proposed Order)(Tomassi, Ronald) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 42 Clerk's Notice of Docket Correction re #40 Order on Motion to Dismiss. Wrong Event Selected; The document was re-docketed by the Clerk, see DE#41 . (ls) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 41 REPORT AND RECOMMENDATIONS re #9 MOTION to Dismiss #1 Complaint; Recommending Motion be Granted. Objections to R&R due within ten (10) days. Signed by Magistrate Judge Lisette M. Reid on 3/29/2024. See attached document for full details. (ls) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 40 Report and Recommendation granting #9 Motion to Dismiss. Signed by Magistrate Judge Lisette M. Reid on 2/29/2024. See attached document for full details. (gat) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 39
ORDER Extending Pretrial Deadlines and Continuing Trial: granting in part and denying in part #38 Joint Motion for Extension of all Deadlines by Ninety Days. Calendar Call set for 11/14/2024 01:30 PM in Miami Division before Judge Jose E. Martinez. Jury Trial reset for 11/18/2024 09:30 AM in Miami Division before Judge Jose E. Martinez. Signed by Judge Jose E. Martinez on 2/28/2024. See attached document for full details. (ls) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 38 Joint MOTION for Extension of Time of All Deadlines by Ninety (90) Days by Red Dragon Partners, LLC. Responses due by 3/13/2024. (Attachments: #1 Text of Proposed Order Proposed Order re Joint Motion to Extend All Deadline by Ninety Days)(Tomassi, Ronald) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 37 STIPULATION Governing the Production and Exchange of Discovery Materials from Related Case by Red Dragon Partners, LLC (Attachments: #1 Exhibit A- Agreement)(Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 36
PAPERLESS ORDER granting #35 Joint Motion for Extension of Time. The parties shall exchange witness lists on or before March 28, 2024. Signed by Judge Jose E. Martinez on 1/12/2024. (jck) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 35 Joint MOTION for Extension of Time to Exchange Witness List by Red Dragon Partners, LLC. Responses due by 1/25/2024. (Attachments: #1 Exhibit A)(Finnegan, Brittany) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 34 Clerk's Notice of Filing Fee refunded to Kristine C. Blanco in the amount of $200.00 on 01/08/2024 re #26 Motion to Appear Pro Hac Vice, 31 Clerk's Notice of Reimbursement of Overpayment of Filing Fee, (Torres, Betsabel) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 33
PAPERLESS ORDER granting #28 Corrected Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael C. Heyden. Signed by Judge Jose E. Martinez on 12/22/2023. (jck) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 32 SUR REPLY In Opposition To Defendants Motion To Dismiss by Red Dragon Partners, LLC. (Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 31 Clerk's Notice of Reimbursement of Overpayment of Filing Fee. The Clerk will refund $ 200.00, receipt #AFLSDC-17128589, re #26 MOTION to Appear Pro Hac Vice, for Michael C. Heyden, Esq., dated 12/07/2023. (see duplicate entry ECF No. #28 ) (jc) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 30 PAPERLESS Minute Order for proceedings held before Magistrate Judge Lisette M. Reid: Discovery Hearing held on 12/11/2023. Denying 29 Plaintiff's Oral Motion to Compel responses to request for production of documents. Defendants' objections to 1, 2, 3, 19, 27 & 31 are sustained based on proportionality. The substantive scope of discovery is limited to evidence relevant to the claims and defenses asserted by the parties and proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1). In evaluating proportionality, the Court looks to (1) the importance of the issues at stake in the action, (2) the amount in controversy, (3) the parties' relative access to the relevant information, (4) the parties' resources, (5) the importance of the discovery in resolving the issues, and (6) whether the burden or expense of the proposed discovery outweighs the likely benefit. Fed. R. Civ. P. 26(b)(1). Defendant argues that documents requested here were already produced in a lawsuit pending in Delaware in which the same law firm that represents Plaintiffs here represents investors in Defendant's company. Defendant has agreed that the evidence produced in that lawsuit may be used here. Plaintiff will first determine whether the documents requested here were produced in the Delaware case. Also, except for RFP No. 27, Plaintiff's blanket request for all documents is disproportional to the needs of the case. Further, according to the parties, Plaintiff's Request for Production No. 3(d) is withdrawn, and No. 5(c) are resolved. Total time in court: 1 hour(s) : 05 minutes. Attorney Appearance(s): Robin Taylor Symons, Michael C. Heyden, Brittany Leigh Finnegan. (Digital 14:34:31) (br) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 29 ORAL MOTION to Compel responses to request for production of documents by Red Dragon Partners, LLC. (br) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 28 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael C. Heyden, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-17131184 by Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson. Responses due by 12/22/2023 (Attachments: #1 Text of Proposed Order)(Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 27
ORDER denying without prejudice #26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael C. Heyden of Attorney Michael C. Heyden representing TruthMD, LLC (Defendant) and Cunningham, Gemma (Defendant) and Rosen, Charles D. (Defendant); and Wilson, Gary L. (Defendant); and St. John, Morgan (Defendant); Notice of Termination delivered by US Mail to Michael Heyden.. Signed by Judge Jose E. Martinez on 12/8/2023. See attached document for full details. (ls) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael C. Heyden, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-17128589 by Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson. Responses due by 12/21/2023 (Attachments: #1 Text of Proposed Order)(Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 25
PAPERLESS ORDER granting #16 Plaintiff's Motion for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss. Plaintiff may file a brief sur-reply addressing the purported new facts and arguments. See Signal Tech., Inc. v. PennSummit Tubular, LLC, No. 09-60636-CIV, 2009 WL 2600357, at *1 (S.D. Fla. Aug. 21, 2009). The sur-reply shall not exceed 10 pages. Signed by Magistrate Judge Lisette M. Reid on 12/5/2023. (ama) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 24 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 12/11/2023 02:30 PM in Miami Division before Magistrate Judge Lisette M. Reid. (Finnegan, Brittany) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 23
PAPERLESS ORDER REFERRING #9 MOTION to Dismiss and #16 Plaintiff's MOTION for Leave to File Sur-Reply In Opposition to Defendants' Motion to Dismiss to Magistrate Judge Lisette M. Reid to take all necessary and proper action as required by law pursuant to 28 U.S.C. 636(b) and the Magistrate Rules of the Local Rules of the Southern District of Florida. Signed by Judge Jose E. Martinez on 11/27/2023. (jck) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 22 NOTICE of Attorney Appearance by Ronald Joseph Tomassi, Jr on behalf of Red Dragon Partners, LLC. Attorney Ronald Joseph Tomassi, Jr added to party Red Dragon Partners, LLC(pty:pla). (Tomassi, Ronald) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 21 NOTICE of Attorney Appearance by Brittany Leigh Finnegan on behalf of Red Dragon Partners, LLC. Attorney Brittany Leigh Finnegan added to party Red Dragon Partners, LLC(pty:pla). (Finnegan, Brittany) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 20
ORDER OF RECUSAL. Magistrate Judge Jacqueline Becerra recused. Case reassigned to Magistrate Judge Lisette M. Reid for all further proceedings. Signed by Magistrate Judge Jacqueline Becerra on 8/22/2023. See attached document for full details. (vjk) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 19 STATUS REPORT Joint Conferral Report by Red Dragon Partners, LLC (Attachments: #1 Exhibit Joint Election to Jurisdiction by a United States Magistrate Judge)(Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 18 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson (Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 17
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 7/29/2024 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 7/25/2024 01:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/30/2024.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 7/17/2023. See attached document for full details. (nan) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 4/10/2024.]
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| Filing 16 Plaintiff's MOTION for Leave to File Sur-Reply In Opposition to Defendants' Motion to Dismiss by Red Dragon Partners, LLC. (Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 15 REPLY Memorandum of Law in Further Support of their Motion to Dismiss by Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson. (Attachments: #1 Exhibit 1 - 4)(Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 14
PAPERLESS ORDER granting #13 Motion for Extension of Time to File Reply in Support of Motion to Dismiss. Defendants shall file their reply on or before June 2, 2023. Signed by Judge Jose E. Martinez on 5/26/2023. (ah05) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer in Support of their Motion to Dismiss by Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson. (Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 12 RESPONSE in Opposition re #9 MOTION to Dismiss #1 Complaint filed by Red Dragon Partners, LLC. Replies due by 5/26/2023. (Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 11
PAPERLESS ORDER granting #10 Motion for Extension of Time to File Response to Defendant's Motion to Dismiss. Plaintiff shall file its response on or before May 19, 2023. Signed by Judge Jose E. Martinez on 5/4/2023. (ah05) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 MOTION to Dismiss #1 Complaint by Red Dragon Partners, LLC. (Attachments: #1 Text of Proposed Order)(Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 9 MOTION to Dismiss #1 Complaint by Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson. Responses due by 5/5/2023 (Attachments: #1 Exhibits to MTD)(Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
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Filing 8
PAPERLESS ORDER granting #7 Motion for Extension of Time to File Response to Complaint. Defendants shall respond to the Complaint on or before April 21, 2023. Signed by Judge Jose E. Martinez on 3/27/2023. (ah05) [Transferred from Florida Southern on 4/10/2024.]
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson. (Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 6 NOTICE of Attorney Appearance by Robin Taylor Symons on behalf of Gemma Cunningham, Charles D. Rosen, Morgan St. John, TruthMD, LLC, Gary L. Wilson. Attorney Robin Taylor Symons added to party Gemma Cunningham(pty:dft), Attorney Robin Taylor Symons added to party Charles D. Rosen(pty:dft), Attorney Robin Taylor Symons added to party Morgan St. John(pty:dft), Attorney Robin Taylor Symons added to party TruthMD, LLC(pty:dft), Attorney Robin Taylor Symons added to party Gary L. Wilson(pty:dft). (Symons, Robin) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 5 CLERK'S NOTICE - Attorney Admissions has updated the contact information for attorney Marcos Daniel Jimenez. (cw) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 4 NOTICE of Change of Address, Email or Law Firm Name by Marcos Daniel Jimenez (Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 3 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Red Dragon Partners, LLC (Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (nwn) [Transferred from Florida Southern on 4/10/2024.] |
| Filing 1 COMPLAINT for securities fraud and violations against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16249823, filed by Red Dragon Partners, LLC. (Attachments: #1 Civil Cover Sheet)(Jimenez, Marcos) [Transferred from Florida Southern on 4/10/2024.] |
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