Yerk v. People for the Ethical Treatment of Animals Featured Case

Plaintiff alleged that PETA violated a confidentiality agreement by revealing his name and/or other identifiable information to the Lee County Sheriff's Office in regards to Plaintiff's report concerning animal abuse committed by a fellow employee, a Lee County Sheriff's Deputy, towards his canine partner.

Plaintiff: Jason Yerk
Defendant: People for the Ethical Treatment of Animals
Case Number: 2:2009cv00537
Filed: August 14, 2009
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
County: Lee
Presiding Judge: Sheri Polster Chappell
Presiding Judge: John E. Steele
Nature of Suit: Plaintiff
Cause of Action: 28 U.S.C. § 1332 fd Diversity-Breach of Fiduciary Duty
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on August 24, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 21, 2012 Filing 254 NOTICE by Robert E. Tardif, Jr re 253 MOTION for taxation of costs of Filing Amended Itemized Cost List, Replacing DE 253-2 (Font, Jose)
February 21, 2012 Filing 253 MOTION for taxation of costs by Robert E. Tardif, Jr. (Attachments: # 1 Exhibit Form AO133, # 2 Exhibit Itemized Expenses)(Font, Jose)
February 21, 2012 Filing 252 MOTION for attorney fees pursuant to Fed. R.Civ. P. 37(c)(2) by Robert E. Tardif, Jr. (Attachments: # 1 Exhibit Final Judgment, # 2 Exhibit Defendant's Responses to Plaintiff's Requests for Admissions, # 3 Exhibit Declaration of Kristen DeJournett, # 4 Exhibit Joint Pre-trial Statement, # 5 Exhibit Selected Trial Exhibits)(Font, Jose)
February 21, 2012 Filing 251 NOTICE to counsel of filing of OFFICIAL TRANSCRIPTS of Excerpts of Day 4, Day 5, and Day 6 of Jury Trial. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: R. Joy Stancel (JS)
February 21, 2012 Filing 250 TRANSCRIPT of Excerpt of Day 6 of Jury Trial held on February 2, 2012, before Judge John E. Steele. Court Reporter/Transcriber R. Joy Stancel,Telephone number 239/461-2064. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/13/2012, Redacted Transcript Deadline set for 3/23/2012, Release of Transcript Restriction set for 5/21/2012. (JS)
February 21, 2012 Filing 249 TRANSCRIPT of Excerpt of Day 5 of Jury Trial held on February 1, 2012, before Judge John E. Steele. Court Reporter/Transcriber R. Joy Stancel,Telephone number 239/461-2064. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/13/2012, Redacted Transcript Deadline set for 3/23/2012, Release of Transcript Restriction set for 5/21/2012. (JS)
February 21, 2012 Filing 248 TRANSCRIPT of Excerpt of Day 4 of Jury Trial held on January 31, 2012, before Judge John E. Steele. Court Reporter/Transcriber R. Joy Stancel,Telephone number 239/461-2064. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 3/13/2012, Redacted Transcript Deadline set for 3/23/2012, Release of Transcript Restriction set for 5/21/2012. (JS)
February 21, 2012 Filing 247 MOTION to stay Execution of Judgment by People for the Ethical Treatment of Animals. (Hall, Robert)
February 7, 2012 Filing 246 JUDGMENT in favor of Robert E. Tardif, Jr against People for the Ethical Treatment of Animals as to Count IV. As to Counts I, II, III, V, VI, VII, VIII, Judgment is entered in favor of People for the Ethical Treatment of Animals and against Robert E. Tardiff. (See Judgment) Signed by Deputy Clerk on 2/7/2012. (BMA)
February 6, 2012 Opinion or Order Filing 245 ORDER denying defendant's oral motions for judgment as to the reasonable foreseeability issues. The Clerk shall enter judgment as provided in the Order and close the file. See Order for details. Signed by Judge John E. Steele on 2/6/2012. (RKR)
February 3, 2012 Filing 244 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL DAY SIX completed on 2/3/2012. Court Reporter: R. Joy Stancel (BMA)
February 3, 2012 Filing 243 COURT'S EXHIBIT LIST. (BMA)
February 3, 2012 Filing 242 JURY VERDICT. (BMA)
February 3, 2012 Filing 241 EXHIBIT LIST by People for the Ethical Treatment of Animals. (BMA)
February 3, 2012 Filing 240 EXHIBIT LIST by Robert E. Tardif, Jr.(BMA)
February 2, 2012 Filing 238 COURT'S VERDICT FORM. (GEL)
February 2, 2012 Filing 237 COURT'S JURY INSTRUCTIONS. (GEL)
February 1, 2012 Filing 239 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL DAY FIVE held on 2/1/2012. Court Reporter: R. Joy Stancel (BMA)
February 1, 2012 Filing 236 TRANSCRIPT of Final PreTrial Conference held on 10/24/11 before Judge John E. Steele. Court Reporter/Transcriber Jeffrey G. Thomas,Telephone number (239) 303-2622. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/22/2012, Redacted Transcript Deadline set for 3/5/2012, Release of Transcript Restriction set for 5/1/2012. (JGT)
January 31, 2012 Filing 235 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL DAY FOUR held on 1/31/2012. Court Reporter: R. Joy Stancel (BMA)
January 31, 2012 Filing 234 DISREGARD THIS ENTRY. DOCKETED IN ERROR. COURT'S DRAFT verdict form. (BMA) Modified on 1/31/2012 (BMA).
January 31, 2012 Filing 233 DISREGARD THIS ENTRY. DOCKETED IN ERROR. COURT'S DRAFT jury instructions. (BMA) Modified on 1/31/2012 (BMA).
January 30, 2012 Filing 232 COURT'S DRAFT VERDICT FORM. (GEL)
January 30, 2012 Filing 231 COURT'S DRAFT JURY INSTRUCTIONS. (GEL)
January 29, 2012 Filing 230 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT of Excerpt of Jury Trial - Testimony of K. Rairden Vol. 1 & 2. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: R. Joy Stancel (JS)
January 29, 2012 Filing 229 TRANSCRIPT of Excerpt of Jury Trial - Testimony of K. Rairden Vol. 2 held on January 27, 2012, before Judge John E. Steele. Court Reporter/Transcriber R. Joy Stancel,Telephone number 239/461-2064. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/21/2012, Redacted Transcript Deadline set for 2/29/2012, Release of Transcript Restriction set for 4/30/2012. (JS)
January 29, 2012 Filing 228 TRANSCRIPT of Excerpt of Jury Trial - Testimony of K. Rairden Vol. 1 held on January 26, 2012, before Judge John E. Steele. Court Reporter/Transcriber R. Joy Stancel,Telephone number 239/461-2064. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/21/2012, Redacted Transcript Deadline set for 2/29/2012, Release of Transcript Restriction set for 4/30/2012. (JS)
January 27, 2012 Filing 227 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL DAY THREE held on 1/27/2012. Court Reporter: R. Joy Stancel (BMA)
January 26, 2012 Filing 226 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL DAY TWO held on 1/26/2012. Court Reporter: R. Joy Stancel (BMA)
January 25, 2012 Filing 225 Minute Entry. Proceedings held before Judge John E. Steele: JURY TRIAL DAY ONE held on 1/25/2012. Court Reporter: R. Joy Stancel (BMA)
January 24, 2012 Filing 224 TRIAL BRIEF on Materiality of Yerk's Lie by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B-1, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Kelly, Shannon)
January 24, 2012 Filing 222 OBJECTION re 221 Exhibit List for Failure to Comply with MDFL Local Rules. (Font, Jose)
January 23, 2012 Filing 223 NOTICE of unavailability of counsel by Lee County Sheriff's Office from 1/25/2012 to 1/31/2012. (SPB)
January 23, 2012 Filing 221 EXHIBIT LIST (Amended) by People for the Ethical Treatment of Animals.. (Kelly, Shannon)
January 23, 2012 Filing 220 OBJECTION re 218 Notice (Other)Notice (Other) of Filing Deposition Designations. (Kelly, Shannon)
January 23, 2012 Opinion or Order Filing 219 ORDER denying as moot 216 Motion to allow electronic equipment; granting 217 Motion to allow electronic equipment subject to security screening. See Order for details. Signed by Judge John E. Steele on 1/23/2012. (RKR)
January 23, 2012 Filing 218 NOTICE by Robert E. Tardif, Jr of Filing Deposition Designations (Attachments: # 1 Exhibit Plaintiff's Deposition Designations, # 2 Exhibit Nachminovitch Transcript (designated), # 3 Exhibit DeJournett Transcript (designated), # 4 Exhibit Wheeless Transcript (designated))(Font, Jose)
January 23, 2012 Filing 217 Joint MOTION to allow electronic equipment, specifically Computers and Cellular Phones Replacing DE 216 by Robert E. Tardif, Jr. (Font, Jose)
January 23, 2012 Filing 216 Amended MOTION to allow electronic equipment, specifically Computers and Cellular Phones by Robert E. Tardif, Jr. (Font, Jose)
January 23, 2012 Opinion or Order Filing 215 ORDER granting in part and denying in part 206 The Plaintiff Robert E. Tardiff, as Trustee for Jason Yerks Motion to Compel Defendant to Produce Key Witnesses at Trial. The Plaintiff Robert E. Tardiff, as Trustee for Jason Yerk's Motion to Compel Defendant to Produce Key Witnesses at Trial is DENIED. The Plaintiff Robert E. Tardiff, as Trustee for Jason Yerks Motion to Compel Defendant to Produce Key Witnesses at Trial by Video Conference is DENIED. The Plaintiff Robert E. Tardiff, as Trustee for Jason Yerks Motion to allow portions of the Non-Party Witnesses, Christina Wheeless and Kristen Simon f/k/a Kristen DeJournetts Depositions to be read into the record at trial is RESERVED for the District Court to make a ruling at prior to or at trial as it sees fit. Signed by Magistrate Judge Sheri Polster Chappell on 1/23/2012. (LMH)
January 19, 2012 Opinion or Order Filing 214 ORDER denying without prejudice 213 Motion to allow electronic equipment. Signed by Judge John E. Steele on 1/19/2012. (RKR)
January 18, 2012 Filing 213 MOTION to allow electronic equipment, specifically Computers and Cellular Phones into Courtroom at Trial by Robert E. Tardif, Jr. (Attachments: # 1 Exhibit List of Electronic Devices)(Font, Jose)
January 18, 2012 Filing 212 NOTICE by Robert E. Tardif, Jr of Filing Subpoenas in Support of Motion to Compel Witness Production (Attachments: # 1 Exhibit Trial Subpoenas)(Font, Jose)
January 18, 2012 Filing 211 NOTICE by Robert E. Tardif, Jr of Filing Correspondence in Support of Motion to Compel Witness Production (Attachments: # 1 Exhibit Email Regarding Witness Fees)(Font, Jose)
January 18, 2012 Filing 210 RESPONSE in opposition re 206 MOTION to compel Defendant to Produce Key Employee Witnesses at Trial filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit B-1, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Griffith, Patricia)
January 13, 2012 Filing 209 NOTICE of compliance re 207 Order to comply with electronic filing by Robert E. Tardif, Jr (Attachments: # 1 Exhibit Exhibit A)(Bober, Carlton)
January 13, 2012 Opinion or Order Filing 208 ORDER re 206 MOTION to compel Defendant to Produce Key Employee Witnesses at Trial filed by Robert E. Tardif, Jr. The Defendant People for the Ethical Treatment of Animals is hereby directed to file an Expedited Response to the Plaintiff Robert E. Tardif, Jr. as Trustee for Jason Yerk's Motion to Compel Defendant to Produce Key Witnesses at Trial (Doc. #206) on or before Wednesday, January 18, 2012. Signed by Magistrate Judge Sheri Polster Chappell on 1/13/2012. (LMH)
January 13, 2012 Opinion or Order Filing 207 ORDER for Carlton Bober to comply with the administrative procedures regarding electronic filing. Signed by All Divisional Judges on 1/13/2012. (LMH)
January 12, 2012 Filing 206 MOTION to compel Defendant to Produce Key Employee Witnesses at Trial by Robert E. Tardif, Jr. (Attachments: # 1 Exhibit Returns of Service, # 2 Exhibit Correspondence re: Refusal to Produce Witnesses)(Font, Jose) Motions referred to Magistrate Judge Sheri Polster Chappell.
January 11, 2012 Filing 205 NOTICE of Hearing: Jury Trial set for 1/25/2012 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele. (This date assumes the completion of Case No. 2:11-cr-66-FtM)(BMA)
January 5, 2012 Filing 204 PROPOSED verdict form filed byPeople for the Ethical Treatment of Animals, Robert E. Tardif, Jr. (Attachments: # 1 Attachment A, # 2 Attachment B)(Kelly, Shannon)
January 5, 2012 Filing 203 PROPOSED jury instructions by People for the Ethical Treatment of Animals, Robert E. Tardif, Jr. (Kelly, Shannon)
January 2, 2012 Opinion or Order Filing 202 ORDER granting 201 Motion to extend time to file joint proposed jury instructions and verdict form which shall be filed on or before 5:00 p.m., January 5, 2012. Signed by Judge John E. Steele on 1/2/2012. (RKR)
December 30, 2011 Filing 201 MOTION for joinder, Joint MOTION to extend time to File Joint Proposed Jury Instructions and Verdict Form by People for the Ethical Treatment of Animals. (Kelly, Shannon) Motions referred to Magistrate Judge Sheri Polster Chappell.
December 20, 2011 Filing 200 TRIAL CALENDAR for trial term January 2012. Jury Trial set for trial term commencing 1/3/2012 before Judge John E. Steele. Signed by Judge John E. Steele on 12/20/2011. (BMA)
December 20, 2011 Opinion or Order Filing 199 ORDER granting 198 Motion for extension of time to file and the parties shall file their jointly prepared jury instructions and verdict forms on or before December 30, 2011. Signed by Judge John E. Steele on 12/20/2011. (RKR)
December 20, 2011 Filing 198 Joint MOTION for extension of time to file document JOINT PROPOSED JURY INSTRUCTIONS AND VERDICT FORM by People for the Ethical Treatment of Animals. (Kelly, Shannon)
December 9, 2011 Filing 197 NOTICE of unavailability of counsel byPeople for the Ethical Treatment of Animals from 1/9/11 to 5/15/11. (Kelly, Shannon)
December 9, 2011 Opinion or Order Filing 196 ENDORSED ORDER granting 195 Joint Motion for Extension of Time to File Joint Proposed Jury Instructions and Verdict Form. The parties shall have up to and including December 19, 2011, to submit their Joint Proposed Jury Instructions and Verdict Form. Signed by Magistrate Judge Sheri Polster Chappell on 12/9/2011. (Chappell, Sheri)
December 8, 2011 Filing 195 Joint MOTION for extension of time to file document JOINT PROPOSED JURY INSTRUCTIONS AND VERDICT FORM by People for the Ethical Treatment of Animals. (Kelly, Shannon)
December 8, 2011 Filing 194 NOTICE of unavailability of counsel byPeople for the Ethical Treatment of Animals from January 23, 2012 to May 15, 2012. (Kelly, Shannon)
December 7, 2011 Filing 193 NOTICE of change of address by Philip Jay Hirschkop (Hirschkop, Philip)
December 1, 2011 Opinion or Order Filing 192 ORDER granting in part and denying in part 186 Motion for Reconsideration. Footnote three is stricken from the Opinion and Order (Doc. #179). The Motion is otherwise denied. Signed by Judge John E. Steele on 12/1/2011. (GEL)
December 1, 2011 Opinion or Order Filing 191 ORDER granting 133 Motion to Strike Plaintiff's Expert Report and Preclude Testimony of Dr. Pettingill. Signed by Judge John E. Steele on 12/1/2011. (GEL)
November 28, 2011 Filing 190 RESPONSE in opposition re 186 MOTION for reconsideration re 179 Order on motion for summary judgmentOrder on Motion for Partial Summary Judgment in Context of Final Pretrial Proceedings filed by Robert E. Tardif, Jr. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Font, Jose)
November 16, 2011 Filing 189 NOTICE canceling Jury Trial hearing scheduled for 12/13/11 due to Court scheduling conflict. Jury Trial will be rescheduled by separate notice. (BMA)
November 15, 2011 Filing 188 NOTICE of Hearing: Jury Trial reset for 12/13/2011 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele. This trial date is subject to resolution by all defendants in Case No. 2:10-cr-136-FtM, on or before 12/6/11, as anticipated.(BMA)
November 15, 2011 Filing 187 NOTICE canceling Jury Trial hearing scheduled for 12/6/11 due to counsel unavailability. (BMA)
November 14, 2011 Filing 186 MOTION for reconsideration re 179 Order on motion for summary judgmentOrder on Motion for Partial Summary Judgment in Context of Final Pretrial Proceedings by People for the Ethical Treatment of Animals. (Griffith, Patricia)
November 14, 2011 Filing 185 NOTICE of Hearing: Jury Trial set for 12/6/2011 at 10:00 AM (Date Certain) in Ft. Myers Courtroom 6 A before Judge John E. Steele. (BMA)
November 14, 2011 Opinion or Order Filing 184 ORDER denying 163 Motion in Limine to Exclude Testimony or Evidence Regarding Wage Loss and Damages Exceeding Yerk's Bankruptcy Claims. Signed by Judge John E. Steele on 11/14/2011. (GEL)
November 12, 2011 Opinion or Order Filing 183 ORDER granting in part and denying in part 162 Motion in limine regarding evidence relating to website. The motion is granted as to the revised webpage and denied as to the previous version of the webpage. See Order for details. Signed by Judge John E. Steele on 11/12/2011. (GEL)
November 12, 2011 Opinion or Order Filing 182 ORDER granting 170 Motion to strike in its entirety. See Order for details. Signed by Judge John E. Steele on 11/12/2011. (GEL)
November 12, 2011 Opinion or Order Filing 181 ORDER granting in part and denying in part 161 Motion in limine. The Motion is granted to the extent it seeks to exclude testimony and evidence regarding the LCSOs alleged corruption and culture of reprisal which was not communicated to PETA prior to its disclosure of Yerk's identity as a source of information. The motion is otherwise denied. See Order for details. Signed by Judge John E. Steele on 11/12/2011.(GEL)
November 10, 2011 Filing 180 NOTICE of Appearance by Carlton Bober on behalf of Robert E. Tardif, Jr (Bober, Carlton)
November 4, 2011 Opinion or Order Filing 179 OPINION AND ORDER granting in part and denying in part 135 Motion for summary judgment; denying 139 Motion for Partial Summary Judgment. Count VII is dismissed with prejudice and defendant's motion is granted as to Counts VI and VIII. The Clerk shall withhold entry of judgment. See Opinion and Order for details. Signed by Judge John E. Steele on 11/4/2011. (GEL)
October 28, 2011 Filing 178 RESPONSE in opposition re 170 MOTION to strike 166 Pretrial Statement as to Undisclosed Witnesses filed by Robert E. Tardif, Jr. (Attachments: # 1 Exhibit Memorandum from Bell to Scott, # 2 Exhibit Memorandum from Scott to Bell, # 3 Exhibit Newspaper Articles)(Font, Jose)
October 24, 2011 Filing 177 NOTICE by Robert E. Tardif, Jr of Filing Excerpts from Wheeless and Nachminovitch Deposition Transcripts (Attachments: # 1 Exhibit Excerpt from Christina Wheeless Deposition, # 2 Exhibit Excerpt from Daphna Nachminovitch Deposition)(Font, Jose)
October 24, 2011 Filing 176 Minute Entry. Proceedings held before Judge John E. Steele: FINAL PRETRIAL CONFERENCE held on 10/24/2011. Agreed upon exhibits, as stated on the record, are preadmitted for trial. Estimated length of trial is 7 - 8 days. Summary judgment motions pending. Written order to follow. This case remains on the November 2011 trial term. Court Reporter: Jeffrey G. Thomas (BMA)
October 21, 2011 Filing 175 RESPONSE in opposition re 163 MOTION in limine regarding Excluding Testimony or Evidence Regarding Wage Loss and Damages Exceeding His Bankruptcy Claims filed by Robert E. Tardif, Jr. (Font, Jose)
October 21, 2011 Filing 174 RESPONSE in opposition re 161 MOTION in limine regarding Excluding Testimony or Evidence Regarding Corruption or "Culture of Reprisal" Within the Lee County Sheriff's Office filed by Robert E. Tardif, Jr. (Attachments: # 1 Exhibit Old PETA tipline, # 2 Exhibit New PETA tipline, # 3 Exhibit Wheeless deposition, # 4 Exhibit Nachminovitch deposition, # 5 Exhibit Quintana deposition, # 6 Exhibit Bonsall deposition, # 7 Exhibit Yerk deposition, # 8 Exhibit Yerk's affidavit, # 9 Exhibit DeJournett deposition, # 10 Exhibit Rairden's affidavit, # 11 Exhibit Rairden deposition, # 12 Exhibit Yerk's sworn statement, # 13 Exhibit Yerk's Notes, # 14 Exhibit Newspaper Articles)(Font, Jose)
October 21, 2011 Filing 173 RESPONSE in opposition re 162 MOTION in limine regarding Evidence Relating to Website filed by Robert E. Tardif, Jr. (Font, Jose)
October 20, 2011 Filing 172 NOTICE by People for the Ethical Treatment of Animals re 162 MOTION in limine regarding Evidence Relating to Website Supplementing Plaintiff's Exhibits (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Shannon)
October 20, 2011 Filing 171 NOTICE by People for the Ethical Treatment of Animals re 161 MOTION in limine regarding Excluding Testimony or Evidence Regarding Corruption or "Culture of Reprisal" Within the Lee County Sheriff's Office Supplementing Regarding Plaintiff's Witness and Exhibit Lists (Kelly, Shannon)
October 20, 2011 Filing 170 MOTION to strike 166 Pretrial Statement as to Undisclosed Witnesses by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kelly, Shannon)
October 20, 2011 Opinion or Order Filing 169 OPINION AND ORDER denying 115 Motion to strike and/or for sanctions; denying 152 Motion for relief from scheduling order and for leave to amend to assert punitive damages. Signed by Judge John E. Steele on 10/20/2011. (RKR)
October 18, 2011 Filing 168 AMENDED TRIAL CALENDAR for trial term November 1, 2011 Jury Trial set for trial term commencing 11/1/2011 before Judge John E. Steele. Signed by Judge John E. Steele on 10/18/2011. (BMA)
October 17, 2011 Filing 167 EXHIBIT LIST correcting/replacing earlier version [DE 166-1] by People for the Ethical Treatment of Animals.. (Zuckerman, Evan)
October 14, 2011 Filing 166 PRETRIAL STATEMENT by People for the Ethical Treatment of Animals, Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Plaintiff's Exhibit List with Defendant's Objections, # 2 Exhibit Defendant's Exhibit List with Plaintiff's Objections, # 3 Exhibit Plaintiff's Witness List, # 4 Exhibit Defendant's Witness List, # 5 Exhibit Plaintiff's Proposed Voir Dire Questions, # 6 Exhibit Defendant's Proposed Voir Dire Questions)(Zuckerman, Evan)
October 14, 2011 Opinion or Order Filing 165 ORDER granting 164 Motion to stay to the extent that the parties shall submit their proposed jury instructions and verdict form 7 days after the issuance of an Order on the pending motions filed prior to August 2011. Signed by Judge John E. Steele on 10/14/2011. (RKR)
October 13, 2011 Filing 164 MOTION to stay Filing Joint Jury Instructions and Verdict Form Pending Ruling on Outstanding Motions Including Dispositive Motions by People for the Ethical Treatment of Animals. (Kelly, Shannon)
October 7, 2011 Filing 163 MOTION in limine regarding Excluding Testimony or Evidence Regarding Wage Loss and Damages Exceeding His Bankruptcy Claims by People for the Ethical Treatment of Animals. (Kelly, Shannon)
October 7, 2011 Filing 162 MOTION in limine regarding Evidence Relating to Website by People for the Ethical Treatment of Animals. (Kelly, Shannon)
October 7, 2011 Filing 161 MOTION in limine regarding Excluding Testimony or Evidence Regarding Corruption or "Culture of Reprisal" Within the Lee County Sheriff's Office by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Shannon)
September 14, 2011 Opinion or Order Filing 160 ORDER granting in part and denying in part 71 Motion to strike affirmative defenses. See Order for details. Signed by Judge John E. Steele on 9/14/2011. (RKR)
August 22, 2011 Opinion or Order Filing 159 ORDER granting in part and denying in part 155 Motion to stay pending ruling on dispositive motions to the extent that the deadlines are continued for a period of time as set forth in the Order. See Order for details. Signed by Judge John E. Steele on 8/22/2011. (RKR)
August 22, 2011 Set/reset deadlines/hearings: Pretrial statement due by 10/7/2011, All Other Motions due by 10/7/2011, Jury Trial set for term commencing 11/1/2011 in Ft. Myers Courtroom 6 A before Judge John E. Steele, Final Pretrial Conference set for 10/24/2011 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele. (RKR)
August 18, 2011 Filing 158 RESPONSE to motion re 155 MOTION to stay Pretrial Stipulation, Pretrial Conference and Trial re 73 Case management and scheduling order Pending Ruling on Dispositive Motions Baring This Action and Pending Motions Limiting Issues for Trial and Supporting Memorandum MOTION to stay Pretrial Stipulation, Pretrial Conference and Trial re 73 Case management and scheduling order Pending Ruling on Dispositive Motions Baring This Action and Pending Motions Limiting Issues for Trial and Supporting Memorandum [Corrected from Prior Partial Filing] filed by Robert E. Tardif, Jr, Jason Yerk. (Font, Jose)
August 18, 2011 Filing 157 RESPONSE to motion re 155 MOTION to stay Pretrial Stipulation, Pretrial Conference and Trial re 73 Case management and scheduling order Pending Ruling on Dispositive Motions Baring This Action and Pending Motions Limiting Issues for Trial and Supporting Memorandum MOTION to stay Pretrial Stipulation, Pretrial Conference and Trial re 73 Case management and scheduling order Pending Ruling on Dispositive Motions Baring This Action and Pending Motions Limiting Issues for Trial and Supporting Memorandum filed by Robert E. Tardif, Jr, Jason Yerk. (Font, Jose) Modified on 8/19/2011, Blank pleading attached, counsel notified (SPB).
August 16, 2011 Opinion or Order Filing 156 ORDER re 154 Appearance of non-resident counsel filed by People for the Ethical Treatment of Animals. The Motion to Appear Pro Hac Vice (Doc. #154) is GRANTED. Patricia G. Griffith, of the law firm Ford and Harrison LLP, 271 17th Street N.W., Suite 1900, Atlanta, Georgia 30363, shall be admitted pro hac vice on behalf of the Defendants. Robert D. Hall, Esq., and Shannon L. Kelly, Esq., of the law firm Ford and Harrison, LLP, 101 E. Kennedy Boulevard, Suite 900, Tampa, Florida 33602, shall be designated local Counsel in this matter. Signed by Magistrate Judge Sheri Polster Chappell on 8/16/2011. (LMH)
August 15, 2011 Filing 155 MOTION to stay Pretrial Stipulation, Pretrial Conference and Trial re 73 Case management and scheduling order Pending Ruling on Dispositive Motions Baring This Action and Pending Motions Limiting Issues for Trial and Supporting Memorandum by People for the Ethical Treatment of Animals. (Kelly, Shannon)
August 12, 2011 Filing 154 APPEARANCE of non-resident counsel and designation of local counsel by Shannon Lee Kelly on behalf of People for the Ethical Treatment of Animals. Non-Resident Counsel: Yes. (Attachments: # 1 Exhibit GA, Supreme Court Certification)(Kelly, Shannon)
July 28, 2011 Filing 153 RESPONSE in opposition re 152 MOTION for leave to file Amended Complaint including, by interlineation, Punitive Damages filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit A)(Kelly, Shannon)
July 15, 2011 Filing 152 MOTION for relief from Scheduling Order and MOTION for leave to file Amended Complaint including, by interlineation, Punitive Damages by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Font, Jose) Modified on 7/18/2011, to correct docket entry (SPB).
July 13, 2011 Opinion or Order Filing 151 ORDER denying 147 The Plaintiff, Robert E. Tardiff, Jr. as Trustee for Jason Yerk's Motion for Leave to File a Response In Excess of Twenty Pages ; denying 149 The Plaintiff, Robert E. Tardiff, Jr. as Trustee for Jason Yerks Motion for Leave to File a Reply.. Signed by Magistrate Judge Sheri Polster Chappell on 7/13/2011. (LMH)
July 11, 2011 Filing 150 RESPONSE in opposition re 149 MOTION for leave to file Reply to Defendant's Response to Plaintiff's Motion for Summary Judgment filed by People for the Ethical Treatment of Animals. (Hall, Robert)
July 8, 2011 Filing 149 MOTION for leave to file Reply to Defendant's Response to Plaintiff's Motion for Summary Judgment by Robert E. Tardif, Jr, Jason Yerk. (Font, Jose)
July 6, 2011 Filing 148 RESPONSE in opposition re 147 MOTION for miscellaneous relief, specifically Leave to File Response in Excess of 20 Pages filed by People for the Ethical Treatment of Animals. (Hall, Robert)
July 5, 2011 Filing 147 MOTION for miscellaneous relief, specifically Leave to File Response in Excess of 20 Pages by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Font, Jose)
July 5, 2011 Filing 146 RESPONSE in opposition re 135 MOTION for summary judgment filed by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Old PETA tipline, # 2 Exhibit New PETA tipline, # 3 Exhibit Wheeless deposition, # 4 Exhibit Nachminovitch deposition, # 5 Exhibit Quintana deposition, # 6 Exhibit Bonsall deposition, # 7 Exhibit Yerk deposition, # 8 Exhibit Yerk's affidavit, # 9 Exhibit DeJournett deposition, # 10 Exhibit Rairden's affidavit, # 11 Exhibit Rairden deposition, # 12 Exhibit Yerk's sworn statement, # 13 Exhibit Newspaper articles, # 14 Exhibit Yerk's notes)(Font, Jose)
July 5, 2011 Filing 145 RESPONSE in opposition re 139 MOTION for partial summary judgment filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1)(Hall, Robert)
June 30, 2011 Filing 144 RESPONSE in opposition re 133 MOTION to strike Plaintiff's Expert Report and Preclude Testimony of Dr. Pettingill filed by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit June 15, 2011 Correspondence with Attachments, # 2 Exhibit June 27, 2011 Correspondence with Attachments)(Font, Jose)
June 27, 2011 Opinion or Order Filing 143 ORDER denying 141 Motion for extension of time to file response/reply. Signed by Magistrate Judge Sheri Polster Chappell on 6/27/2011. (kma)
June 22, 2011 Filing 142 RESPONSE in opposition re 141 MOTION for extension of time to file response/reply as to 135 MOTION for summary judgment filed by People for the Ethical Treatment of Animals. (Hall, Robert)
June 21, 2011 Filing 141 MOTION for extension of time to file response/reply as to 135 MOTION for summary judgment by Robert E. Tardif, Jr, Jason Yerk. (Font, Jose)
June 21, 2011 Filing 140 SUMMARY JUDGMENT NOTICE re 135 MOTION for summary judgment, 139 MOTION for partial summary judgment (SPB)
June 20, 2011 Filing 139 MOTION for partial summary judgment by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7)(Font, Jose)
June 19, 2011 Filing 138 NOTICE by People for the Ethical Treatment of Animals re 137 Notice (Other)Notice (Other) of Filing Court Reporter Certificates (Attachments: # 1 court reporter certificate for Lt. Trustal, # 2 court reporter certificate for Capt. Rairden, # 3 court reporter certificate for Jason Yerk)(Hall, Robert)
June 19, 2011 Filing 137 NOTICE by People for the Ethical Treatment of Animals re 135 MOTION for summary judgment of Filing Deposition Transcripts (Attachments: # 1 Lt. Jeffrey Trusal taken on March 25, 2011, # 2 Capt. Kathryn Rairden taken on March 25, 2011, # 3 Jason Yerk taken on March 1, 2011 (Part 1), # 4 Jason Yerk taken on March 1, 2011 (Part 2))(Hall, Robert)
June 19, 2011 Filing 136 NOTICE by People for the Ethical Treatment of Animals re 135 MOTION for summary judgment of Filing Deposition Testimony and Exhibits in Support (Attachments: # 1 Deposition transcript of Lt. Jeffrey Trusal and Exhibit 1, # 2 Exhibit 2 to deposition transcript of Lt. Jeffrey Trusal (Part 1); IA #2008-42 (Jelly Investigation), # 3 Exhibit 2 to deposition transcript of Lt. Jeffrey Trusal (Part 2); IA #2008-44 (Yerk Investigation), # 4 Deposition transcript of Capt. Kathryn Rairden and Exhibits, # 5 Deposition transcript of Jason Yerk and Exhibits 1-4 (Part 1), # 6 Exhibits 5-14 to transcript of Jason Yerk deposition (Part 2), # 7 Excerpts of deposition transcript of Kristin DeJournett, # 8 Excerpts of deposition transcript of Christina Wheeless)(Hall, Robert)
June 19, 2011 Filing 135 MOTION for summary judgment by People for the Ethical Treatment of Animals. (Hall, Robert)
June 16, 2011 Filing 134 NOTICE by People for the Ethical Treatment of Animals re 133 MOTION to strike Plaintiff's Expert Report and Preclude Testimony of Dr. Pettingill of Filling Supporting Exhibits (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, part 1, # 4 Exhibit C, part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Kelly, Shannon)
June 16, 2011 Filing 133 MOTION to strike Plaintiff's Expert Report and Preclude Testimony of Dr. Pettingill by People for the Ethical Treatment of Animals. (Kelly, Shannon)
June 13, 2011 Opinion or Order Filing 132 ORDER granting 130 Plaintiff's Motion to Compel Deposition and/or Motion for Leave to Take Depositions in Excess of 10. Defendants have until July 13, 2011 to produce a Fed.R. Civ. P. 30(b)(6) witness for deposition. The deposition is limited in scope to the Defendantswebsite formation and maintenance. Signed by Magistrate Judge Sheri Polster Chappell on 6/13/2011. (LMH)
June 6, 2011 Filing 131 RESPONSE in opposition re 130 MOTION to compel Deposition or in the Alternative Motion for Leave to Take Additional Deposition(s) MOTION to compel Deposition or in the Alternative Motion for Leave to Take Additional Deposition(s) filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Hall, Robert)
May 27, 2011 Filing 130 MOTION to compel Deposition or in the Alternative Motion for Leave to Take Additional Deposition(s) by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Font, Jose) Motions referred to Magistrate Judge Sheri Polster Chappell.
May 18, 2011 Filing 129 NOTICE of compliance re 126 Order on motion to compel Discovery and Determine Sufficiency of Response to Request for Admissions and for Sanctions by Robert E. Tardif, Jr, Jason Yerk (Font, Jose)
May 4, 2011 Filing 128 NOTICE by People for the Ethical Treatment of Animals re 122 Notice (Other)Notice (Other), 121 Response in opposition to motion, 123 Notice (Other)Notice (Other), 127 Response o Supplement and Correct Record With Transcript (Attachments: # 1 Exhibit 1)(Hall, Robert)
April 29, 2011 Filing 127 RESPONSE re 121 Response in opposition to motion for Sanctions That Is Set Forth in the Alternative to Defendants Response to Plaintiffs Motion to Strike Defendants Pleadings for Fraud filed by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit E-mails from PETA, # 2 Exhibit Jason Yerk's First Affidavit, # 3 Exhibit Excerpts from Rairden Deposition, # 4 Exhibit Excerpts from DeJournett Deposition)(Font, Jose)
April 29, 2011 Opinion or Order Filing 126 ORDER granting in part and denying in part 110 The Defendant, PETAs Motion to Compel Discovery and Determine Sufficiency of Response to Request for Admissions and for Sanctions. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Sheri Polster Chappell on 4/29/2011. (LMH)
April 27, 2011 Filing 125 OBJECTION re 122 Notice (Other)Notice (Other). (Hall, Robert)
April 27, 2011 Filing 124 NOTICE of supplemental authority re 110 MOTION to compel Discovery and Determine Sufficiency of Response to Request for Admissions and for Sanctions by People for the Ethical Treatment of Animals (Hall, Robert)
April 26, 2011 Filing 123 NOTICE by Robert E. Tardif, Jr, Jason Yerk of Filing Jason Yerk's Deposition Transcript in Support of Motion to Strike Defendant's Pleadings for Fraud Upon the Court (Attachments: # 1 Exhibit Deposition Transcript of Jason Yerk)(Font, Jose)
April 26, 2011 Filing 122 NOTICE by Robert E. Tardif, Jr, Jason Yerk of Filing Excerpts from Yerk's Deposition Transcript in Support of Motion to Strike Pleadings for Fraud Upon the Court (Attachments: # 1 Exhibit Page 97 from Yerk's Deposition Transcript, # 2 Exhibit Pages 105 through 107 from Yerk's Deposition Transcript, # 3 Exhibit Page 124 from Yerk's Deposition Transcritp)(Font, Jose)
April 20, 2011 Filing 121 RESPONSE in opposition re 115 MOTION to strike Defendant's Pleadings for Fraud Upon the Court filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Hall, Robert)
April 19, 2011 Opinion or Order Filing 120 ORDER granting 118 The Plaintiff, Robert E. Tardiff, Jr. as Trustee for Jason Yerk's Motion for Extension of Time to Disclose Expert Witness Report. The Plaintiff Robert E. Tardiff, Jr. as Trustee for Jason Yerk has up to and including May 18, 2011, to file their expert report. The Defendant PETA has up to and including June 18, 2011, to file their expert reports. Signed by Magistrate Judge Sheri Polster Chappell on 4/19/2011. (LMH)
April 15, 2011 Filing 119 RESPONSE to motion re 110 MOTION to compel Discovery and Determine Sufficiency of Response to Request for Admissions and for Sanctions filed by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Font, Jose)
April 14, 2011 Filing 118 MOTION to extend time to Disclose Expert's Report by Robert E. Tardif, Jr, Jason Yerk. (Font, Jose)
April 14, 2011 Opinion or Order Filing 117 ORDERED: The Defendant, PETA's Response in Opposition to the Plaintiff's Motion to Allow Appearance at Deposition by Video-Conference and Request for Protective Order [Doc. #103] is DENIED as moot. Signed by Magistrate Judge Sheri Polster Chappell on 4/14/2011. (LAF)
April 11, 2011 Filing 116 RESPONSE to motion re 103 MOTION for protective order filed by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9)(Font, Jose)
April 8, 2011 Filing 115 MOTION to strike Defendant's Pleadings for Fraud Upon the Court by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9)(Font, Jose)
April 8, 2011 Filing 114 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT of Telephonic Hearing. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: R. Joy Stancel (JS)
April 8, 2011 Filing 113 TRANSCRIPT of Telephonic Hearing held on April 6, 2011, before Judge Sheri Polster Chappell. Court Reporter/Transcriber R. Joy Stancel,Telephone number 239/461-2064. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 4/29/2011, Redacted Transcript Deadline set for 5/9/2011, Release of Transcript Restriction set for 7/7/2011. (JS)
April 7, 2011 Opinion or Order Filing 112 ORDER granting 98 The Plaintiff, Robert Tardiff, as trustee for Jason Yerks Motion to Appear at Deposition by Video-Conference. The Plaintiff may take the depositions of the out of state deponents via Video-Conference. Defense counsel may appear in person or via video-conference as well. The Plaintiffs Response to the Defendant's Motion for a Protective Order, Motion to Strike, and for Sanctions 106 is hereby STRICKEN. The Clerk of the Court is directed to remove the Motion and all documents attached and/or filed with the Motion from the docket sheet. The Plaintiff shall file an Amended Response to the Motion for a Protective Order that shall not exceed twenty (20) pages in length on or before, April 14, 2011. The Plaintiff may file an Amended Motion to Strike that complies with the Federal and Local Rules on or before, April 22, 2011. The Plaintiff may take the depositions of Stephanine Bell and Martin Mersereau, otherwise the Court will RESERVE ruling on the Defendants Motion for a Protective Order 103 until the Plaintiff files his amended response. If the Plaintiff seeks to take more than ten depositions, he must move the Court for Leave providing good cause for the enlarged number in accord with the Federal and Local Rules. Signed by Magistrate Judge Sheri Polster Chappell on 4/7/2011. (LMH)
April 6, 2011 Filing 111 Minute Entry. Proceedings held before Magistrate Judge Sheri Polster Chappell: Miscellaneous Hearing held on 4/6/2011. Jose Font, Esq., appeared via telephone on behalf of the Plaintiff. Philip Hirschkop, Esq.,appeared via telephone on behalf of the Defendant. Robert Hall, Esq., and Shannon Kelly, Esq., also appeared via telephone on behalf of the Defendant. The parties discussed the issues raised in the pending motions. After hearing the argument of Counsel, the Court issued a ruling regarding the video depositions and responsive pleading(s). A written order will be forthcoming. Court Reporter: R. Joy Stancel (LMH)
April 5, 2011 Filing 110 MOTION to compel Discovery and Determine Sufficiency of Response to Request for Admissions and for Sanctions by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11A, # 12 Exhibit 11B, # 13 Exhibit 12)(Hall, Robert) Motions referred to Magistrate Judge Sheri Polster Chappell.
April 5, 2011 Opinion or Order Filing 109 ORDER denying 108 The Plaintiff Robert E. Tardif, Jr. As trustee for Jason Yerk's Motion to Postpone Hearing on Defendant's for Protective Order. The parties shall participate in a hearing before the Honorable Sheri Polster Chappell on April 6, 2011, at 10:30 a.m. Signed by Magistrate Judge Sheri Polster Chappell on 4/5/2011. (LMH)
April 5, 2011 Filing 108 MOTION for miscellaneous relief, specifically Postpone Hearing on Defendant's Motion for Protective Order by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Zuckerman, Evan)
April 5, 2011 Filing 107 NOTICE of compliance re 102 Order by Robert E. Tardif, Jr, Jason Yerk (Zuckerman, Evan)
April 5, 2011 Filing 106 MOTION to strike Defendant's Pleadings for Fraud and Plaintiff's Response to Defendant's Motion for Protective Order by Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan) STRICKEN and Images removed pursuant to 112 (SPB).
April 4, 2011 Filing 105 RESPONSE re 101 Notice of Intent to Amend Notices of Deposition Duces Tecum filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Attachment)(Hall, Robert) Modified on 4/5/2011, to correct docket entry (SPB).
March 29, 2011 Filing 104 NOTICE of Hearing: Miscellaneous Hearing set for 4/6/2011 at 10:30 AM in Ft. Myers Courtroom 5 D before Magistrate Judge Sheri Polster Chappell. The Parties may appear via telephone. In order to appear via telephone the Parties must contact Leslie Hinton, Courtroom Deputy to the Honorable Sheri Polster Chappell, at (239) 461-2068, and provide the Court with a telephone number where they maybe reached at the set date and time of the hearing. (LMH)
March 29, 2011 Filing 103 RESPONSE in opposition to plaintiff's motion to allow appearance at deposition by videoconference MOTION for protective order by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Hall, Robert) Motions referred to Magistrate Judge Sheri Polster Chappell. Modified on 3/30/2011, duplicate entry of 98 , to correct event type (SPB).
March 29, 2011 Opinion or Order Filing 102 ORDER. The Plaintiff has up to and including Tuesday, April 5, 2011, at 12:00noon, to file an expedited Response to the Defendants Response and Motion for a Protective Order. The Parties shall appear before the undersigned for a hearing on the issues presented in their respective Responses and Motions on Wednesday, April 6, 2011, 10:30am. at the United States Courthouse and Federal Building, 2110 First Street, Courtroom 5D, Fort Myers, Florida 33901. The Parties may appear via telephone. In order to appear via telephone the Parties must contact Leslie Hinton, Courtroom Deputy to the Honorable Sheri Polster Chappell, at (239) 461-2068, and provide the Court with a telephone number where they maybe reached at the set date and time of the hearing. Signed by Magistrate Judge Sheri Polster Chappell on 3/29/2011. (LMH)
March 28, 2011 Filing 101 REVISED NOTICE by Robert E. Tardif, Jr, Jason Yerk of Intent to Amend Notices of Deposition Duces Tecum (Revised) (Attachments: # 1 Exhibit E-mail to Defendant's counsel re: Rescheduling Depositions.pdf)(Zuckerman, Evan) Modified on 3/29/2011, to correct docket entry (SPB).
March 28, 2011 Filing 100 NOTICE by Robert E. Tardif, Jr, Jason Yerk of Intent to Amend Notices of Depositions Duces Tecum (Attachments: # 1 Exhibit E-mail to Defendant's counsel re: Rescheduling Depositions)(Zuckerman, Evan)
March 28, 2011 Filing 99 RESPONSE in opposition re 98 MOTION to Appear Telephonically at Deposition and Request for Protective Order filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Hall, Robert) Modified on 3/29/2011, Document filed as a two-part document, counsel notified. (SPB)
March 22, 2011 Filing 98 MOTION to Appear Telephonically at Deposition by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Notices of Deposition and Subpoenas)(Zuckerman, Evan) Motions referred to Magistrate Judge Sheri Polster Chappell.
February 28, 2011 Opinion or Order Filing 97 ORDER denying 93 Jason Yerk and Melanie Roberts Yerk's Motion for Extension of Time to Respond to Defendants Subpoenas Duces Tecum. Signed by Magistrate Judge Sheri Polster Chappell on 2/28/2011. (LMH)
February 22, 2011 Opinion or Order Filing 96 ORDER denying 87 The Plaintiff Robert E. Tardiff, as Trusttee for Jason Yerks Amended Motion to Compel Better Responses to Discovery Requests. Signed by Magistrate Judge Sheri Polster Chappell on 2/22/2011. (LMH)
February 22, 2011 Filing 95 RESPONSE in opposition re 93 MOTION to extend time to Respond to Defendant's Subpoenas to Jason Yerk and Melanie Roberts Yerk filed by People for the Ethical Treatment of Animals. (Hall, Robert)
February 22, 2011 Filing 94 RESPONSE re 92 Objection to Plaintiff's Notice of Compliance with FRCP 37(a)(1) and Local Rule 3.01(g) filed by Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan)
February 18, 2011 Filing 93 MOTION to extend time to Respond to Defendant's Subpoenas to Jason Yerk and Melanie Roberts Yerk by Jason Yerk. (Zuckerman, Evan)
February 17, 2011 Filing 92 OBJECTION re 91 Compliance notice. (Hall, Robert)
February 15, 2011 Filing 91 NOTICE of compliance re 87 Amended MOTION to compel Better Discovery Responses re: Compliance with FRCP 37(A)(1) and Local Rule 3.01(g) by Robert E. Tardif, Jr, Jason Yerk (Zuckerman, Evan)
February 14, 2011 Filing 90 RESPONSE in opposition re 87 Amended MOTION to compel Better Discovery Responses filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Hall, Robert)
February 10, 2011 Opinion or Order Filing 89 ORDER granting 85 Philip J. Hirschkops Notice of Appearance, Designation and Consent-to-Act Pursuant to Local Rule 2.02. Philip J. Hirschkop, Esq., of the law firm Hirschkop & Associates, PC, 908 King Street, Suite 200, Alexandria, Virginia, 22314 shall be admitted pro hac vice on behalf of the Defendant. Robert D. Hall, Jr., Esq. And Shannon L. Kelly, Esq., 101 E. Kennedy Blvd., Suite 900, Tampa, Florida, shall be designated local Counsel for the Defendant in this matter. Signed by Magistrate Judge Sheri Polster Chappell on 2/10/2011. (LMH)
February 10, 2011 Opinion or Order Filing 88 ENDORSED ORDER denying as moot 82 Plaintiff's Motion to Compel Better Responses to Discovery Requests. In light of the fact that Plaintiff filed an amended motion to compel (Doc. #87) on February 10, 2011, the first motion is due to be denied as moot. Defendant may file a response to the amended motion. Signed by Magistrate Judge Sheri Polster Chappell on 2/10/2011. (BLW)
February 10, 2011 Filing 87 Amended MOTION to compel Better Discovery Responses by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Zuckerman, Evan) Motions referred to Magistrate Judge Sheri Polster Chappell.
February 9, 2011 Filing 86 RESPONSE in opposition re 82 MOTION to compel Better Answers to Discovery Requests filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hall, Robert)
February 9, 2011 Filing 85 MOTION for Philip J. Hirschkop to appear pro hac vice by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit A)(Hall, Robert) Motions referred to Magistrate Judge Sheri Polster Chappell.
February 8, 2011 Filing 84 NOTICE of compliance with Court Order Compelling Plaintiff to Respond to Defendant's Discovery Requests by Robert E. Tardif, Jr, Jason Yerk (Zuckerman, Evan)
February 4, 2011 Opinion or Order Filing 83 ORDER denying 81 the Plaintiff, Robert Tardiff, as Trustee, for Jason Yerk's Motion for Protective Order Prohibiting Discovery Pertaining to Judicial Estoppell and/or Bankruptcy. The Plaintiff has up to and including February 8, 2011, to produce the requested documents. Signed by Magistrate Judge Sheri Polster Chappell on 2/4/2011. (LMH)
February 2, 2011 Filing 82 MOTION to compel Better Answers to Discovery Requests by Robert E. Tardif, Jr, Jason Yerk. (Attachments: # 1 Exhibit Defendant's Objections to Plaintiff's Request for Production, # 2 Exhibit Defendant's Objections to Plaintiff's Interrogatories)(Zuckerman, Evan) Motions referred to Magistrate Judge Sheri Polster Chappell.
February 2, 2011 Filing 81 MOTION for protective order pertaining to discovery concerning Judicial Estoppel and/or Bankruptcy by Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan) Motions referred to Magistrate Judge Sheri Polster Chappell.
February 2, 2011 Opinion or Order Filing 80 ORDER denying 78 The Plaintiff, Robert E. Tardif, as trustee for Jason Yerk's Motion for Extension of Time to Respond to Defendant's Discovery Requests. The Plaintiff has up to and including February 8, 2011, to produce the requested discovery, answer the interrogatories, and requests for admissions and to fully comply with all of the outstanding discovery as agreed by the Parties in December of 2010. The Defendant, PETA's Motion for Sanctions in attorneys fees for answering this Motion is DENIED. Signed by Magistrate Judge Sheri Polster Chappell on 2/1/2011. (LMH)
January 30, 2011 Filing 79 RESPONSE in opposition re 78 MOTION for extension of time to file response/reply to Defendant's Discovery Requests filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Hall, Robert)
January 28, 2011 Filing 78 MOTION for extension of time to file response/reply to Defendant's Discovery Requests by Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan)
December 21, 2010 Filing 77 MEDIATION REPORT Hearing held on 12-17-2010 Hearing outcome: Impasse(Smith, Eugene)
December 3, 2010 Filing 76 NOTICE OF SELECTION of Eugene Smith as mediator by People for the Ethical Treatment of Animals, Robert E. Tardif, Jr. (Hall, Robert)
November 30, 2010 Filing 75 CERTIFICATE of interested persons and corporate disclosure statement re 73 Case management and scheduling order by Robert E. Tardif, Jr, Robert E. Tardif, Jr. (Zuckerman, Evan)
November 19, 2010 Filing 74 RESPONSE to motion re 71 MOTION to strike Defendant's Affirmative Defenses filed by People for the Ethical Treatment of Animals. (Hall, Robert)
November 19, 2010 Opinion or Order Filing 73 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 9/26/2011 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Jury Trial set for trial term commencing 10/3/2011 before Judge John E. Steele. Signed by Judge John E. Steele on 11/19/2010. (BMA) Modified on 11/19/2010 (BMA).
November 17, 2010 Filing 72 CASE MANAGEMENT REPORT. (Zuckerman, Evan)
November 5, 2010 Filing 71 MOTION to strike Defendant's Affirmative Defenses by Robert E. Tardif, Jr, Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan)
November 3, 2010 Filing 70 Amended ANSWER and affirmative defenses to 1 Complaint by People for the Ethical Treatment of Animals.(Hall, Robert)
November 2, 2010 Opinion or Order Filing 69 ORDER lifting stay of discovery and directing parties to file an Amended Case Management Report within 14 days of this Order. Signed by Judge John E. Steele on 11/2/2010. (RKR)
November 2, 2010 Opinion or Order Filing 68 OPINION AND ORDER denying 62 Motion requesting amendment of Order for certification for immediate appeal. Signed by Judge John E. Steele on 11/2/2010. (RKR)
November 2, 2010 Opinion or Order Filing 67 OPINION AND ORDER denying 61 Motion for clarification/reconsideration. Signed by Judge John E. Steele on 11/2/2010. (RKR)
October 25, 2010 Filing 66 RESPONSE to motion re 61 MOTION for clarification re 59 Order on motion for summary judgmentOrder on motion to substitute partyOrder on motion for leave to file and/or MOTION for reconsideration filed by Robert E. Tardif, Jr, Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan)
October 19, 2010 Opinion or Order Filing 65 ENDORSED ORDER granting 64 Plaintiff's Motion for Extension of Time to Respond to Defendant's Motion for Reconsideration. For good cause shown, the Plaintiff shall have up to and including October 29, 2010, to respond to the Defendant's Motion for Reconsideration. Signed by Magistrate Judge Sheri Polster Chappell on 10/19/2010. (Chappell, Sheri)
October 18, 2010 Filing 64 MOTION for extension of time to file response/reply to Defendant's Motion for Reconsideration by Robert E. Tardif, Jr, Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan)
October 13, 2010 Filing 63 ANSWER and affirmative defenses to 1 Complaint by People for the Ethical Treatment of Animals.(Hall, Robert)
October 5, 2010 Filing 62 MOTION to amend/correct 59 Order on motion for summary judgmentOrder on motion to substitute partyOrder on motion for leave to file Requesting Amendment for Certification for Immediate Appeal by People for the Ethical Treatment of Animals. (Hall, Robert)
October 5, 2010 Filing 61 MOTION for clarification re 59 Order on motion for summary judgmentOrder on motion to substitute partyOrder on motion for leave to file and/or, MOTION for reconsideration by People for the Ethical Treatment of Animals. (Hall, Robert)
September 29, 2010 Opinion or Order Filing 60 OPINION AND ORDER denying 15 Motion to dismiss; denying alternative motion for summary judgment; denying as moot 28 Motion to strike. See Opinion and Order for details. Signed by Judge John E. Steele on 9/29/2010. (RKR)
September 21, 2010 Opinion or Order Filing 59 OPINION AND ORDER denying 37 Motion for summary judgment based on judicial estoppel; granting 57 Motion to substitute party. Robert E. Tardif, Jr. added as plaintiff and the Clerk shall change the caption to reflect "Robert E. Tardif, Jr., as Trustee for Jason Yerk." Jason Yerk terminated as plaintiff; denying as moot 58 Motion for leave to file response to reply. Signed by Judge John E. Steele on 9/21/2010. (RKR)
September 20, 2010 Filing 58 MOTION for leave to file Response to Defendant's Reply to Trustee's Response to Court's Order by Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan)
September 20, 2010 Filing 57 MOTION to substitute party [Trustee] for Plaintiff as Real Party-in-Interest by Robert E. Tardif, Jr, Jason Yerk. (Zuckerman, Evan)
September 17, 2010 Filing 56 RESPONSE re 53 Response of Trustee filed by People for the Ethical Treatment of Animals. (Hall, Robert)
September 10, 2010 Opinion or Order Filing 55 ORDER granting 54 Motion for leave to file reply and defendant may file a reply brief within 7 days, not to exceed 5 pages. Signed by Judge John E. Steele on 9/10/2010. (RKR)
September 9, 2010 Filing 54 MOTION for leave to file Reply to Response of Trustee by People for the Ethical Treatment of Animals. (Hall, Robert)
September 4, 2010 Filing 53 RESPONSE re 52 Order Dated September 2, 2010 filed by Robert E. Tardif, Jr. (Tardif, Robert)
September 2, 2010 Opinion or Order Filing 52 ORDER directing Clerk to forward a copy of this Order to the Trustee at the address specified in the Order. Trustee shall notify the Court within 7 days of its position.Signed by Judge John E. Steele on 9/2/2010. (GEL)
June 30, 2010 Filing 51 NOTICE of Filing Order Dismissing Bankruptcy by People for the Ethical Treatment of Animals (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hall, Robert) Modified on 7/1/2010, to edit docket entry(SPB).
May 26, 2010 Filing 50 AFFIDAVIT of Jason Yerk Filed in Support of his Response to Defendant's Second Motion for Summary Judgment by Jason Yerk. (Attachments: # 1 Affidavit)(Zuckerman, Evan)
May 24, 2010 Filing 49 REPLY to response to motion re 37 MOTION for summary judgment based upon judicial estoppel filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Hall, Robert)
May 11, 2010 Opinion or Order Filing 48 ORDER granting 47 the Defendant the People for the Ethical Treatment of Animalss (PETA) Motion for Leave to File a Reply Brief to the Motion for Summary Judgment Based Upon Judicial Estopple. The Defendant's Reply Brief is limited to ten (10) pages in length. The Reply Brief is due on or before May 24, 2010. Signed by Magistrate Judge Sheri Polster Chappell on 5/11/2010. (LMH)
May 7, 2010 Filing 47 MOTION for leave to file Reply Memorandum in Support of Motion for Summary Judgment Based Upon Judicial Estoppel by People for the Ethical Treatment of Animals. (Hall, Robert)
May 7, 2010 Filing 46 NOTICE by Jason Yerk of Filing Documents in Support of his Response to Defendant's Second Motion for Summary Judgment (Attachments: # 1 Exhibit Notice of Hearing on Debtor's Motion to Amend Bankruptcy Plan)(Zuckerman, Evan)
April 30, 2010 Filing 45 RESPONSE to motion re 37 MOTION for summary judgment based upon judicial estoppel filed by Jason Yerk. (Attachments: # 1 Affidavit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Zuckerman, Evan)
April 28, 2010 Opinion or Order Filing 44 ORDER granting 38 the Defendant People for the Ethical Treatment of Animals's (PETA) Motion to Stay Discovery Pending Ruling on Dispositive Motions Barring this Action. Signed by Magistrate Judge Sheri Polster Chappell on 4/28/2010. (LMH)
April 22, 2010 Opinion or Order Filing 43 ORDER granting 42 the Plaintiff's Motion for Extension of Time to Respond to Defendant's Second Motion for Summary Judgment. The Plaintiff shall have up to including APRIL 30, 2010, to file a responsive pleading. Signed by Magistrate Judge Sheri Polster Chappell on 4/22/2010. (LMH)
April 20, 2010 Filing 42 MOTION for extension of time to file response/reply as to 37 MOTION for summary judgment based upon judicial estoppel by Jason Yerk. (Zuckerman, Evan)
April 9, 2010 Filing 41 NOTICE of supplemental authority re 37 MOTION for summary judgment based upon judicial estoppel, 38 MOTION to stay discovery pending ruling on dispositive motions barring this action by People for the Ethical Treatment of Animals (Hall, Robert)
April 9, 2010 Filing 40 NOTICE by People for the Ethical Treatment of Animals re 37 MOTION for summary judgment based upon judicial estoppel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hall, Robert)
April 5, 2010 Filing 39 RESPONSE re 36 Request for oral argument filed by People for the Ethical Treatment of Animals. (Hall, Robert)
March 31, 2010 Filing 38 MOTION to stay discovery pending ruling on dispositive motions barring this action by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 1C, # 4 Exhibit 1D, # 5 Exhibit 1E, # 6 Exhibit 1F, # 7 Exhibit 1G)(Hall, Robert) Motions referred to Magistrate Judge Sheri Polster Chappell.
March 31, 2010 Filing 37 MOTION for summary judgment based upon judicial estoppel by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Hall, Robert)
March 22, 2010 Filing 36 REQUEST for oral argument re 24 Response to motion, 27 Memorandum in opposition, 15 MOTION to dismiss or, in the alternative, for summary judgment by Jason Yerk. (Zuckerman, Evan)
March 3, 2010 Opinion or Order Filing 35 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/21/2011 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Jury Trial set for trial term commencing 4/4/2011 before Judge John E. Steele. Signed by Judge John E. Steele on 3/3/2010. (BMA)
February 25, 2010 Filing 34 CASE MANAGEMENT REPORT. (Zuckerman, Evan)
February 24, 2010 Filing 33 RESPONSE TO ORDER TO SHOW CAUSE re 30 Order to show cause filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Hall, Robert)
February 24, 2010 Filing 32 RESPONSE TO ORDER TO SHOW CAUSE 30 Order to show cause by Jason Yerk. (Attachments: # 1 Exhibit Correspondence to Defendant's Counsel Regarding Revised CMR, # 2 Exhibit Unilateral Revised CMR)(Zuckerman, Evan)
February 19, 2010 Filing 31 RESPONSE TO ORDER TO SHOW CAUSE re 30 Order to show cause filed by Jason Yerk. (Attachments: # 1 Exhibit Correspondence from Defendant's Counsel Regarding Initial Case Management Report, # 2 Exhibit Revised Case Management Report, # 3 Exhibit Correspondence to Defendant's Counsel Regarding Revised Case Management Report)(Zuckerman, Evan)
February 18, 2010 Opinion or Order Filing 30 ORDER TO SHOW CAUSE as to why the case should not be dismissed. Show Cause Response due by 2/25/2010. Signed by Judge John E. Steele on 2/18/2010. (BMA)
January 21, 2010 Filing 29 RESPONSE to motion re 28 MOTION to strike Certain Exhibits Filed in Support of Defendant's Motion for Summary Judgment and in Support of Defendant;'s Response to Plaintiff's Cross-Motion for Summary Judgment filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Invoices)(Hall, Robert)
January 13, 2010 Filing 28 MOTION to strike Certain Exhibits Filed in Support of Defendant's Motion for Summary Judgment and in Support of Defendant;'s Response to Plaintiff's Cross-Motion for Summary Judgment by Jason Yerk. (Zuckerman, Evan)
January 7, 2010 Filing 27 MEMORANDUM in opposition re 24 Response to motion to dismiss/for summary judgment and cross-motion for summary judgment filed by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hall, Robert)
December 17, 2009 Opinion or Order Filing 26 ORDER granting 25 the Unopposed Motion of Defendant for Extension of Time to Respond to Plaintiffs Cross-Motion for Summary Judgment. The Defendant shall have up to and including JANUARY 7, 2010, to file a responsive pleading to the Plaintiff's Cross-Motion for Summary Judgment. Signed by Magistrate Judge Sheri Polster Chappell on 12/17/2009. (LMH)
December 15, 2009 Filing 25 Unopposed MOTION for extension of time to file response/reply as to 24 Response to motion by People for the Ethical Treatment of Animals. (Hall, Robert)
December 7, 2009 Filing 24 RESPONSE to motion re 15 MOTION to dismiss or, in the alternative, for summary judgment filed by Jason Yerk. (Attachments: # 1 Affidavit Plaintiff's Affidavit in Opposition to Defendant's Motion for Summary Judgment)(Zuckerman, Evan)
November 30, 2009 Opinion or Order Filing 23 ORDER granting 20 the Plaintiff Jason Yerk's Unopposed Motion for an Extension of Time to Respond to Defendants Motion to Dismiss and Motion for Summary Judgment. The Plaintiff shall have up to and including December 7, 2009, to file his responses to the Defendant's Motion to Dismiss and Motion for Summary Judgment. Signed by Magistrate Judge Sheri Polster Chappell on 11/30/2009. (LMH)
November 30, 2009 Opinion or Order Filing 22 ORDER granting 21 the Plaintiff Jason Yerk's Unopposed Moton to Appear Telephonically at the Case Management Conference and for Extension of Time. The Parties have up to and including December 8, 2009, to meet via telephone to conduct the case management and scheduling conference. Signed by Magistrate Judge Sheri Polster Chappell on 11/30/2009. (LMH)
November 24, 2009 Filing 21 Unopposed MOTION to Appear Telephonically at case management conference, Unopposed MOTION to extend time to conduct case management conference by Jason Yerk. (Zuckerman, Evan) Motions referred to Magistrate Judge Sheri Polster Chappell.
November 20, 2009 Filing 20 Unopposed MOTION for extension of time to file response/reply to Defendant's Motion to Dismiss/Motion for Summary Judgment by Jason Yerk. (Zuckerman, Evan)
November 17, 2009 Filing 19 NOTICE of pendency of related cases re 3 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by People for the Ethical Treatment of Animals. Related case(s): no (Hall, Robert)
November 16, 2009 Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re 16 Interested persons order by People for the Ethical Treatment of Animals. (Hall, Robert)
November 10, 2009 Filing 17 SUMMARY JUDGMENT NOTICE re 15 MOTION to dismiss or, in the alternative, for summary judgment. (drn)
November 10, 2009 Filing 16 INTERESTED PERSONS ORDER as to People for the Ethical Treatment of Animals.Certificate of interested persons and corporate disclosure statement due by 11/23/2009. Signed by All Divisional Judges on 11/10/2009. (drn)
November 9, 2009 Filing 15 MOTION to dismiss or, in the alternative, for summary judgment by People for the Ethical Treatment of Animals. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hall, Robert)
October 26, 2009 Opinion or Order Filing 14 ORDER granting 13 the Unopposed Motion of Defendant for Extension of Time to Respond to Plaintiff's Complaint. The Defendant shall have up to and including NOVEMBER 9, 2009 to answer or otherwise plead to the Complaint. Signed by Magistrate Judge Sheri Polster Chappell on 10/26/2009. (LMH)
October 22, 2009 Filing 13 Unopposed MOTION for extension of time to file answer or otherwise plead re 1 Complaint by People for the Ethical Treatment of Animals. (Hall, Robert) Motions referred to Magistrate Judge Sheri Polster Chappell.
October 21, 2009 Opinion or Order Filing 12 ORDER: The Court will take no further action on the Order to Show Cause (Doc. #6). Signed by Magistrate Judge Sheri Polster Chappell on 10/20/2009. (LAF)
October 6, 2009 Opinion or Order Filing 11 ORDER granting 7 The Plaintiffs Verified Motion for Substitution of Counsel. Christopher Blain, Esq., of the law firm Vernis & Bowling of Clearwater, P.A. shall be removed as Counsel of record and bear no further responsibility in this matter.(2)Mr. Jose P. Font, Esq., and his co-counsel, Mr. Evan A. Zuckerman, Esq., of the law firm Vernis & Bowling of Broward, P.A., shall be designated Counsel of record on behalf of the Plaintiff... Signed by Magistrate Judge Sheri Polster Chappell on 10/6/2009. (LMH)
October 6, 2009 Filing 10 WAIVER OF SERVICE returned executed on 9/25/09 by Jason Yerk as to People for the Ethical Treatment of Animals. (Font, Jose)
September 29, 2009 Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Jason Yerk. (Blain, Christopher)
September 29, 2009 Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re 6 Order to show cause filed by Jason Yerk. (Attachments: # 1 Exhibit Certificate of Interested Persons and Corporate Disclosure Statement)(Blain, Christopher)
September 29, 2009 Filing 7 Verified MOTION to substitute attorney of record by Jason Yerk. (Blain, Christopher) Motions referred to Magistrate Judge Sheri Polster Chappell.
September 2, 2009 Opinion or Order Filing 6 ORDER TO SHOW CAUSE for failure to file Certificate of Interested Persons as to Jason Yerk. Signed by Magistrate Judge Sheri Polster Chappell on 9/2/2009. (LAG)
August 31, 2009 Filing 5 NOTICE of pendency of related cases re 3 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Jason Yerk. Related case(s): No (Blain, Christopher)
August 20, 2009 Filing 4 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 8/31/2009. Signed by All Divisional Judges on 8/20/2009. (LAF)
August 20, 2009 Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/31/2009. Signed by All Divisional Judges on 8/20/2009. (LAF)
August 18, 2009 Filing 2 STANDING ORDER: Filing of documents that exceed twenty-five pages.Signed by All Divisional Judges on 8/20/2008. (drn)
August 18, 2009 Summons issued as to People for the Ethical Treatment of Animals. (drn)
August 14, 2009 Filing 1 COMPLAINT against People for the Ethical Treatment of Animals with Jury Demand (Filing fee $350 receipt number F012777) filed by Jason Yerk.(drn)

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Plaintiff: Jason Yerk
Represented By: Christopher Blain
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Defendant: People for the Ethical Treatment of Animals
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