Vivid Entertainment, LLC v. J&B PB, LLC et al
Plaintiff: Vivid Entertainment, LLC
Defendant: J&B PB, LLC, Jose Baserva, Vivid, LLC and Anthony McCarty
Petitioner: Erik M. Pelton & Associates and Eleanor Funk
Garnishee: Wells Fargo Bank, N.A., SunTrust Bank, Capital Bank, IberiaBank, FIFTH THIRD BANK N.A., Bank of America, N.A. and Edison National Bank
Case Number: 2:2013cv00524
Filed: July 15, 2013
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
County: Lee
Presiding Judge: Mac R McCoy
Referring Judge: John E Steele
Nature of Suit: Trademark
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 21, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2018 Opinion or Order Filing 263 ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #261 Vivid's Renewed Motion to Compel Non-Party, Erik M. Pelton & Associates, PLLC Subpoena Compliance and #262 Vivid's Amended Renewed Motion to Compel Non-Party, Erik M. Pelton & Associates, PLLC Subpoena Compliance. Signed by Magistrate Judge Mac R. McCoy on 6/21/2018. (JTM)
June 19, 2018 Filing 262 Amended MOTION to Compel Non-Party Erik M. Pelton & Associates' Subpoena Compliance by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Subpoena)(Lampert, Joey) Motions referred to Magistrate Judge Mac R. McCoy.
June 19, 2018 Filing 261 MOTION to Compel Non-Party Erik M. Pelton & Associates' Subpoena Compliance by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Subpoena)(Lampert, Joey) Motions referred to Magistrate Judge Mac R. McCoy.
June 13, 2018 Opinion or Order Filing 260 ORDER granting #258 Non-Party, Erik M. Pelton & Associates, PLLC's, Second Amended Motion to Quash or for Protective Order as to Plaintiff's Subpoena for Deposition Duces Tecum Issued to Non-Party, Erik M. Pelton & Associates, PLLC; and denying without prejudice #259 Vivid Entertainment, LLC's Motion to Compel and Response in Opposition to Non-Party, Erik M. Pelton & Associates [sic] Second Amended Motion for Protective Order and Motion to Compel. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/13/2018. (JTM)
April 23, 2018 Filing 259 RESPONSE in Opposition re #258 Second MOTION to quash PLAINTIFF'S SUBPOENA FOR DEPOSITION DUCES TECUM ISSUED TO filed by Vivid Entertainment, LLC. (Lampert, Joey) Modified on 6/13/2018 as to event type per lc/jm (MLS).
April 20, 2018 Filing 258 Second MOTION to quash PLAINTIFF'S SUBPOENA FOR DEPOSITION DUCES TECUM ISSUED TO by Erik M. Pelton & Associates. (Jurman, Rory)
April 18, 2018 Opinion or Order Filing 257 ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #255 Non-Party, Erik M. Pelton & Associates, PLLC's, Motion to Quash Subpoena for Deposition Duces Tecum and #256 Non-Party, Erik M. Pelton & Associates, PLLC's, Amended Motion to Quash and Motion for Protective Order as to Plaintiff's Subpoena for Deposition Duces Tecum Issued to Non-Party. Signed by Magistrate Judge Mac R. McCoy on 4/18/2018. (JTM)
April 16, 2018 Filing 256 Amended MOTION to quash AND MOTION FOR PROTECTIVE ORDER AS TO PLAINTIFF'S SUBPOENA FOR DEPOSITION DUCES TECUM ISSUED TO NON-PARTY by Erik M. Pelton & Associates. (Attachments: #1 Exhibit A)(Jurman, Rory)
April 13, 2018 Filing 255 MOTION to quash Subpoena for Deposition Duces Tecum by Erik M. Pelton & Associates. (Attachments: #1 Exhibit A)(Jurman, Rory)
April 3, 2018 Opinion or Order Filing 254 ORDER denying without prejudice #251 Plaintiff's Third Motion to Compel Jose Baserva's Deposition in Aid of Execution and to Hold Baserva in Contempt of Court. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 4/3/2018. (JTM)
March 15, 2018 Filing 253 NOTICE by Vivid Entertainment, LLC re #251 Third MOTION to Compel Deposition in Aid of Execution and to Hold Baserva in Contempt of Court of Defendant Communication and Offer of Date (Attachments: #1 Exhibit 1 - Notice of Taking Deposition)(Lampert, Joey)
March 14, 2018 Filing 252 RESPONSE in Opposition re #251 Third MOTION to Compel Deposition in Aid of Execution and to Hold Baserva in Contempt of Court filed by Jose Baserva. (Attachments: #1 Exhibit 1)(drn)
March 13, 2018 Filing 251 Third MOTION to Compel Deposition in Aid of Execution and to Hold Baserva in Contempt of Court by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Service email, #2 Exhibit 2 - Email chain)(Lampert, Joey) Motions referred to Magistrate Judge Mac R. McCoy.
March 8, 2018 Opinion or Order Filing 250 ORDER for Michael A. Noa to comply with the administrative procedures regarding electronic filing. Signed by All Divisional Judges on 3/8/2018. (kma)
March 8, 2018 Filing 249 NOTICE to counsel, Michael A. Noa, of Local Rule 2.01 (signed by deputy clerk). (kma)
March 8, 2018 Opinion or Order Filing 248 ORDER for Ana Diaz Noa to comply with the administrative procedures regarding electronic filing. Signed by All Divisional Judges on 3/8/2018. (kma)
March 6, 2018 Filing 247 NOTICE of defendant's unavailability to attend deposition by Jose Baserva (drn)
February 20, 2018 Filing 246 NOTICE by Vivid Entertainment, LLC re #242 Order on motion to compel of Filing Third Re-Notice of Taking Baverva's Deposition in Aid of Execution (Attachments: #1 Appendix Third Re-Notice of Taking Baverva's Deposition in Aid of Execution)(Lampert, Joey)
January 22, 2018 Filing 245 NOTICE by Vivid Entertainment, LLC of Jose Baserva's Non-Appearance at Second Noticed Deposition (Attachments: #1 Exhibit 1 - Certificate of Non-Appearance)(Lampert, Joey)
January 11, 2018 Filing 244 Clerk's ENTRY OF DEFAULT as to Garnishee, Global Luxury Realty, LLC.(MLS)
January 11, 2018 Opinion or Order Filing 243 ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #239 Vivid Entertainment, LLC's Motion to Hold Non-Party LB Entertainment, LLC in Contempt of Court for Failure to Obey Subpoena and to Compel Deposition. Signed by Magistrate Judge Mac R. McCoy on 1/11/2018. (JTM)
January 11, 2018 Opinion or Order Filing 242 ORDER granting #238 Vivid Entertainment, LLC's Motion to Compel Judgment-Debtor's Deposition. See Order for specific details. Signed by Magistrate Judge Mac R. McCoy on 1/11/2018. (JTM)
January 11, 2018 Opinion or Order Filing 241 ORDER granting #237 Vivid Entertainment, LLC's Motion for Default Against Garnishee Global Luxury Realty, LLC for Failing to Answer Writ of Garnishment. The Clerk of Court is directed to enter a default against Global Luxury Realty, LLC. Signed by Magistrate Judge Mac R. McCoy on 1/11/2018. (JTM)
December 18, 2017 Filing 240 NOTICE by Vivid Entertainment, LLC of Serving Notice of Taking Judgment-Debtor Deposition (Lampert, Joey)
December 1, 2017 Filing 239 MOTION for miscellaneous relief, specifically to Hold Non-Party LB Entertainment, LLC in Contempt of Court for Failure to Obey Subpoena and to Compel Deposition by Vivid Entertainment, LLC. (Attachments: #1 Exhibit Subpoena for Deposition Duces Tecum, #2 Exhibit Affidavit of Service, #3 Exhibit Certificate of NonAppearance)(Lampert, Joey)
November 30, 2017 Filing 238 MOTION to Compel Judgment-Debtor's Deposition by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Notice of Taking Baserva Deposition in Aid of Execution, #2 Exhibit 2 - Certificate of Non-Appearance, #3 Exhibit 3 - Second Notice of Taking Baserva's Deposition in Aid of Execution)(Lampert, Joey) Motions referred to Magistrate Judge Mac R. McCoy.
November 30, 2017 Filing 237 MOTION for default for failing to answer the Court's Continuing Writ of Garnishment Against Salary and Wages re #228 Writ of garnishment issued by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Affidavit of Return of Service)(Lampert, Joey) Motions referred to Magistrate Judge Mac R. McCoy.
July 11, 2017 Filing 236 ANSWER to Writ of Garnishment by SunTrust Bank. (Barry, John)
July 7, 2017 Filing 235 ANSWER to Writ of Garnishment by Wells Fargo Bank, N.A.. (Kent, John)
July 7, 2017 Filing 234 ANSWER to Writ of Garnishment by Wells Fargo Bank, N.A.. (Kent, John)
July 6, 2017 Filing 233 ANSWER to Writ of Garnishment by IberiaBank. (Becker, Jeffrey)
July 5, 2017 Filing 232 ANSWER to Writ of Garnishment by FIFTH THIRD BANK N.A.. (Wilson, Michael)
July 5, 2017 Mail returned as Undeliverable re: Copies mailed. Mail resent to Joey Lambert Esq. at 200 S Andrews Avenue Suite 600 Ft Lauderdale FL on 6/21/17(MLS)
June 30, 2017 Filing 231 ANSWER to Writ of Garnishment by Bank of America, N.A.. (Noa, Joseph)
June 30, 2017 Filing 230 ANSWER to Writ of Garnishment by Edison National Bank. (Johnston, Richard)
June 30, 2017 Filing 229 ANSWER to Writ of Garnishment by Capital Bank. (Vasquez, Eric)
June 16, 2017 Filing 228 CONTINUING WRIT OF GARNISHMENT against salary and wages to Global Luxury Realty, LLC re 227 Order (MLS)
June 5, 2017 Filing 225 WRIT OF GARNISHMENT ISSUED against SunTrust Banks, Inc in the amount of $550,000.00. (MLS)
June 5, 2017 Filing 224 WRIT OF GARNISHMENT ISSUED against Edison National Bank in the amount of $550,000.00. (MLS)
June 5, 2017 Filing 223 WRIT OF GARNISHMENT ISSUED against Capital Bank Corporation in the amount of $550,000.00. (MLS)
June 5, 2017 Filing 222 WRIT OF GARNISHMENT ISSUED against Fifth Third Bank in the amount of $550,000.00. (MLS)
June 5, 2017 Filing 221 WRIT OF GARNISHMENT ISSUED against Iberiabank in the amount of $550,000.00. (MLS)
June 5, 2017 Filing 220 WRIT OF GARNISHMENT ISSUED against Bank of America Corp in the amount of $550,000.00. (MLS)
June 5, 2017 Filing 219 WRIT OF GARNISHMENT ISSUED against Wells Fargo Bank, NA in the amount of $550,000.00. (MLS)
June 5, 2017 Filing 218 WRIT OF GARNISHMENT ISSUED against Wells Fargo Bank, N.A. in the amount of $500,000.00. (MLS)
September 19, 2016 Opinion or Order Filing 208 ORDER striking the discovery materials attached to Mr. Baserva's Notice of Filing (Doc. 207-1). The Clerk of Court is directed to remove these materials (Doc. 207-1) from the public docket and indicate on the docket that the exhibit is stricken pursuant to this Order. Signed by Magistrate Judge Mac R. McCoy on 9/19/2016. (JTM)
September 12, 2016 Filing 207 NOTICE of filing by Jose Baserva re #206 Order on motion to extend time (drn) (Additional attachment(s) added on 9/15/2016: # 1 Exhibit) (drn). Modified on 9/20/2016. Exhibit stricken and removed from public docket per Order #208. (Original exhibit returned to Jose Baserva per Law Clerk/JTM) (drn).
August 12, 2016 Opinion or Order Filing 206 ORDER granting #204 Jose Baserva's Motion to Extend Deadline. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/12/2016. (JTM)
August 11, 2016 Filing 205 NOTICE of Baserva's Non-Compliance and Response to Alternative Motion by Vivid Entertainment, LLC (Attachments: #1 Exhibit 1 - Baserva's Motion)(Lampert, Joey) Modified on 8/12/2016, to correct docket entry text. (SPB).
August 10, 2016 Filing 204 MOTION to extend deadline issued by the court on document #203 dated 7/27/16 by Jose Baserva. (Attachments: #1 Exhibit)(drn) Motions referred to Magistrate Judge Mac R. McCoy.
July 27, 2016 Opinion or Order Filing 203 ORDER granting in part and denying in part #191 Vivid Entertainment, LLC's Motion to Compel Discovery Responses and Documents in Aid of Execution, Deeming Objections Waived, and for Payment of Expenses. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 7/27/2016. (JTM)
July 26, 2016 Filing 202 NOTICE by Vivid Entertainment, LLC of Expiration of Time for Mr. Baserva to File Response (Lampert, Joey)
July 11, 2016 Filing 201 PLAINTIFF'S BRIEF re #191 MOTION to Compel Responses and Documents in Aid of Execution Judgment-Creditor's Supplemental Brief in Support filed by Vivid Entertainment, LLC. (Lampert, Joey)
July 6, 2016 Opinion or Order Filing 200 ORDER requiring that by no later than July 13, 2016, Vivid Entertainment, LLC must file a supplemental brief of no more than 5 pages describing the extent of Baserva's response to its Motion and explaining whether or not its Motion is now moot. No later than July 20, 2016, Baserva may file a response of no more than 5 pages to Vivid's supplemental brief. The Court takes under advisement the remaining issues associated with #191 Vivid's Motion to Compel Discovery Responses and Documents in Aid of Execution, Deeming Objections Waived, and for Payment of Expenses. Signed by Magistrate Judge Mac R. McCoy on 7/6/2016. (JTM)
June 30, 2016 Filing 199 NOTICE of filing by Jose Baserva (SLU)
June 30, 2016 Opinion or Order Filing 198 ORDER to show cause as to Jose Baserva. Within 7 days from the date of this Order, Jose Baserva must show good cause why he has failed to respond timely to #191 Vivid Entertainment, LLC's Motion to Compel Discovery Responses and Documents in Aid of Execution, Deeming Objections Waived, and for Payment of Expenses. Additionally, within 7 days from the date of this Order, Baserva must respond to Vivid's Motion. If Mr. Baserva fails to show good cause and/or to respond to Vivid's Motion, the Court will grant the Motion. Signed by Magistrate Judge Mac R. McCoy on 6/30/2016. (JTM)
June 22, 2016 Filing 197 NOTICE of Baserva's Non-Filing by Vivid Entertainment, LLC re #194 Order on Motion for Extension of Time to File Response/Reply Order on Motion for Miscellaneous Relief, #191 MOTION to Compel Responses and Documents in Aid of Execution (Lampert, Joey) Modified on 6/23/2016 to edit docket text (SLU).
May 24, 2016 Filing 196 NOTICE of change of address by Jose Baserva. (drn)
May 18, 2016 Opinion or Order Filing 195 ORDER discharging #192 the Order to Show Cause as to Jose Baserva. Signed by Magistrate Judge Mac R. McCoy on 5/18/2016. (JTM)
May 18, 2016 Opinion or Order Filing 194 ORDER granting in part and denying in part #193 Jose Baserva's Motion for Extension of Time. Within 30 days, Baserva must respond to #191 the Motion to Compel Discovery Responses and Documents in Aid of Execution, Deeming Objections Waived, and for Payment of Expenses. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/18/2016. (JTM)
May 12, 2016 Filing 193 MOTION for Extension of Time to File Response/Reply as to #191 MOTION to Compel Responses and Documents in Aid of Execution, MOTION for miscellaneous relief, specifically to contest judgement-creditor's motion deeming defendant-judgement-debtor's objections "waived" and to object to judgement-creditor' motion for payment of expenses by Jose Baserva. (SLU) Motions referred to Magistrate Judge Mac R. McCoy.
April 28, 2016 Opinion or Order Filing 192 ORDER to show cause as to Jose Baserva. Within 14 days, Jose Baserva must respond to #191 the Motion to Compel Discovery Responses and Documents in Aid of Execution, Deeming Objections Waived, and for Payment of Expenses, and Mr. Baserva must show good cause why he has failed to respond timely. If Mr. Baserva fails to respond and/or to show good cause, the Court will grant the Motion. Signed by Magistrate Judge Mac R. McCoy on 4/28/2016. (JTM)
April 8, 2016 Filing 191 MOTION to Compel Responses and Documents in Aid of Execution by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - First Set of Interrogatories in Aid of Execution, #2 Exhibit 2 - First Request for Production of Documents in Aid of Execution)(Lampert, Joey) Motions referred to Magistrate Judge Mac R. McCoy.
August 26, 2015 Filing 190 NOTICE of compliance re #148 Order on motion for judgmentOrder on Motion for Sanctions, #188 Order on Motion for Default JudgmentOrder on Motion to Strike by Vivid Entertainment, LLC (Lampert, Joey)
August 25, 2015 Filing 189 DEFAULT JUDGMENT in favor of Plaintiff against Jose Baserva (Signed by Deputy Clerk). (drn)
August 25, 2015 Opinion or Order Filing 188 OPINION AND ORDER granting #168 Motion for Default Judgment; denying #178 Motion to Strike; and Jose Baserva is permanently enjoined from using plaintiff's marks or domain name. The Clerk shall enter judgment in favor of plaintiff and against Jose Baserva as set forth in the Opinion and Order, terminate all deadlines, and close the case. Plaintiff shall serve a copy of this Opinion and Order on defendant. Signed by Judge John E. Steele on 8/25/2015. (RKR)
August 7, 2015 Filing 187 DEFAULT JUDGMENT in favor of Plaintiff against Anthony McCarty (Signed by Deputy Clerk). (drn)
August 7, 2015 Opinion or Order Filing 186 OPINION AND ORDER granting #157 Plaintiff's Motion in Support of Damages Against McCarty. The Court awards plaintiff $406.656.16 in actual damages against McCarty as to Count IX. The Clerk shall enter judgment accordingly. See Opinion and Order for details. Signed by Judge John E. Steele on 8/7/2015. (MAB)
July 2, 2015 Filing 185 Case reassigned to Magistrate Judge Mac R. McCoy pursuant to 2:15-mc-9-FtM-38. New case number: 2:13-cv-524-FtM-29-MRM. Magistrate Judge Douglas N. Frazier no longer assigned to the case. (laf)
June 16, 2015 Filing 184 MOTION for change of address for filings and orders by Jose Baserva. (drn)
May 28, 2015 Opinion or Order Filing 183 ORDER denying #181 pro se Defendant Anthony McCarty's Motion for Extension of Time to Respond to Plaintiff's Motion in Support of Damages Against McCarty. Signed by Magistrate Judge Douglas N. Frazier on 5/28/2015. (CAS)
May 20, 2015 Filing 182 RESPONSE in Opposition re #181 MOTION for Extension of Time to File Response/Reply as to #180 Order on motion to extend time, #157 MOTION for miscellaneous relief, specifically Plaintiff's Motion In Support of Damages Against McCarty Per Court Order filed by Vivid Entertainment, LLC. (Lampert, Joey)
May 18, 2015 Filing 181 MOTION for Extension of Time to File Response/Reply as to #180 Order on motion to extend time, #157 MOTION for miscellaneous relief, specifically Plaintiff's Motion In Support of Damages Against McCarty Per Court Order by Anthony McCarty. (Attachments: #1 Exhibits)(drn) Motions referred to Magistrate Judge Douglas N. Frazier.
April 17, 2015 Opinion or Order Filing 180 ORDER granting in part and denying in part #174 Defendant Anthony McCarty's Motion to Contest Calculation of Damages. Defendant McCarty shall have 30 days from the date of this Order in which to file a response to #157 Plaintiff's Motion in Support of Damages Against McCarty Per Court Order. Signed by Magistrate Judge Douglas N. Frazier on 4/17/2015. (CAS)
April 17, 2015 Opinion or Order Filing 179 ORDER denying #173 Defendant Jose Baserva's Amended Motion for Extension of Time to Respond to Plaintiff's Motion for Final Judgment After Default and Response to Plaintiff's Response to Defendant Jose Baserva's Motion for Extension of Time. Signed by Magistrate Judge Douglas N. Frazier on 4/17/2015. (CAS)
April 16, 2015 Filing 178 MOTION to Strike #177 Response in Opposition to Motion by Vivid Entertainment, LLC. (Lampert, Joey)
April 10, 2015 Filing 177 RESPONSE in Opposition re #168 MOTION for default judgment against Jose Baserva filed by Jose Baserva. (drn)
April 9, 2015 Filing 176 RESPONSE in Opposition re #174 MOTION to extend time to calculate damages filed by Vivid Entertainment, LLC. (Lampert, Joey)
April 8, 2015 Filing 175 RESPONSE in Opposition re #173 MOTION for Extension of Time to File Response/Reply as to #171 Response in Opposition to Motion, #168 MOTION for default judgment against Jose Baserva filed by Vivid Entertainment, LLC. (Lampert, Joey)
April 6, 2015 Filing 174 MOTION to contest calculation of damages by Anthony McCarty. (drn) Motions referred to Magistrate Judge Douglas N. Frazier.
April 6, 2015 Filing 173 AMENDED MOTION for extension of time to respond to plaintiff's motion for final judgment after default against defendant Jose Baserva re #168 Response in opposition to motion and response to plaintiff's response to defendant Jose Baserva's motion for extension of time re #171 Response in opposition to motion by Jose Baserva. (drn) Motions referred to Magistrate Judge Douglas N. Frazier.
April 6, 2015 Opinion or Order Filing 172 ORDER denying #170 Defendant Jose Baserva's Motion for Extension of Time to Respond to Plaintiff's Motion for Final Judgment After Default. Signed by Magistrate Judge Douglas N. Frazier on 4/6/2015. (CAS)
April 2, 2015 Filing 171 RESPONSE in Opposition re #170 MOTION for Extension of Time to File Response/Reply as to #168 MOTION for default judgment against Jose Baserva filed by Vivid Entertainment, LLC. (Lampert, Joey)
April 2, 2015 Filing 170 MOTION for Extension of Time to respond to Plaintiff's motion for final judgment after default against defendant Jose Baserva re #168 MOTION for default judgment against Jose Baserva by Jose Baserva. (drn) Motions referred to Magistrate Judge Douglas N. Frazier.
March 10, 2015 Filing 169 NOTICE by Vivid Entertainment, LLC re #167 Opinion and order of Defendant McCarty's Non-Filing (Lampert, Joey)
March 4, 2015 Filing 168 MOTION for default judgment against Jose Baserva by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - VIVID000183-184, #2 Exhibit 2 - VIVID000013, #3 Exhibit 3 - BASERVA 0022 - 0023, #4 Exhibit 4 - BASERVA 0024, #5 Exhibit 5 - Response Email, #6 Exhibit 6 - Trademark Application, #7 Exhibit 7 - N. Am. Clearing, Inc. v. Brokerage Computer Sys., Inc.)(Lampert, Joey)
February 5, 2015 Opinion or Order Filing 167 OPINION AND ORDER denying #159 Motion to Set Aside Default. McCarty may file a response to the #157 Motion in Support of Damages within 30 days. The Clerk shall mail a copy of this Opinion and Order to Anthony McCarty. Signed by Judge John E. Steele on 2/5/2015. (RKR)
February 2, 2015 Filing 166 CLERK'S ENTRY OF DEFAULT as to Jose Baserva. (drn)
January 30, 2015 Filing 165 RESPONSE in Opposition re #159 MOTION to Set Aside default #70 Clerk's Entry of Default filed by Vivid Entertainment, LLC. (Lampert, Joey)
January 30, 2015 Opinion or Order Filing 164 OPINION AND ORDER granting #117 Plaintiff's Motion for Summary Judgment Against Defendant Jose Baserva's Counterclaims and dismissing the Counterclaims with prejudice; granting #136 Plaintiff's Corrected Motion for Sanctions against Defendant Baserva and striking #50 Baserva's Amended Answer; denying as moot #140, #141, #142, #143, #144 Plaintiff's Motions in Limine; denying #160, #162 Defendant Jose Baserva's Motions to Continue; denying #161, #163 Defendant Jose Baserva's Motions for Expedited Ruling. The Clerk shall enter a default against Defendant Jose Baserva and remove this case from the trial calendar. See Opinion and Order for details. Signed by Judge John E. Steele on 1/30/2015. (MAB)
January 29, 2015 Filing 163 MOTION for expedited ruling re #162 amended motion by Jose Baserva. (drn)
January 29, 2015 Filing 162 AMENDED MOTION for continuance of trial period and trial by Jose Baserva. (drn)
January 28, 2015 Filing 161 MOTION for expedited ruling re #160 motion by Jose Baserva. (drn)
January 28, 2015 Filing 160 MOTION for continuance of trial period and trial by Jose Baserva. (drn)
January 27, 2015 Filing 159 MOTION to Set Aside default re #70 Clerk's Entry of Default by Anthony McCarty. (drn)
January 21, 2015 Filing 158 TRIAL CALENDAR for trial term February 2015. Jury Trial set for trial term commencing 2/2/2015 at 09:00 AM before Judge John E. Steele. Signed by Judge John E. Steele on 1/21/2015. (BMA)
January 20, 2015 Filing 157 MOTION for miscellaneous relief, specifically Plaintiff's Motion In Support of Damages Against McCarty Per Court Order by Vivid Entertainment, LLC. (Spector, Joshua)
January 20, 2015 Filing 156 Minute Entry. Proceedings held before Judge John E. Steele: FINAL PRETRIAL CONFERENCE held on 1/20/2015. Paul Turner & Joshua Spector appeared on behalf of the plantiff; defendant did not appear. The Court heard argument from counsel for plaintiff. Written order to follow. Estimated length of trial is 1-4 days. Court Reporter: Martina Reporting Services (BMA)
January 15, 2015 Filing 155 PRETRIAL statement by Vivid Entertainment, LLC. (Spector, Joshua)
January 15, 2015 Filing 154 PROPOSED verdict form filed byVivid Entertainment, LLC. (Spector, Joshua)
January 15, 2015 Filing 153 Proposed Jury Instructions by Vivid Entertainment, LLC. (Spector, Joshua)
January 15, 2015 Filing 152 Proposed Voir Dire by Vivid Entertainment, LLC. (Spector, Joshua)
January 15, 2015 Filing 151 TRIAL BRIEF by Vivid Entertainment, LLC. (Spector, Joshua)
January 14, 2015 Filing 150 DEFAULT JUDGMENT against J&B PB, LLC and Vivid, LLC (Signed by Deputy Clerk) (drn)
January 12, 2015 Filing 149 NOTICE by Vivid Entertainment, LLC re #148 Order on motion for judgmentOrder on Motion for Sanctions of Compliance (Lampert, Joey)
January 12, 2015 Opinion or Order Filing 148 OPINION AND ORDER granting #99 Motion for final judgment after default as stated in the Opinion and Order, including a permanent injunction; denying as moot #134 Motion for Sanctions. The Clerk shall enter judgment as to J&B and Vivid, LLC as provided in the Opinion and Order but withhold the entry of judgment as to McCarty pending a determination of damages. The Clerk shall terminate all three defendants on the docket. Plaintiff shall submit a motion as to damages as to Count IX within 7 days and serve a copy of this Opinion and Order on defendants. See Opinion and Order for details. Signed by Judge John E. Steele on 1/12/2015. (RKR)
January 8, 2015 Opinion or Order Filing 147 ORDER taking under advisement #136 Corrected Motion for Sanctions Against Defendant Baserva for Failure to Comply With Case Management and Scheduling Order and Court Order Relating to Meeting In-Person; and granting #146 Motion for Extension of Time to File Trial Brief, Pretrial Statement, and Jury Instructions. If the Corrected Motion for Sanctions is not resolved prior to the Final Pretrial Conference, the parties shall be prepared to present argument as to the Corrected Motion for Sanctions at the Final Pretrial Conference. The parties shall meet in person to prepare the Joint Final Pretrial Statement on or before January 14, 2015, and the parties shall file the Joint Final Pretrial Statement, Trial Briefs, and Jury Instructions by 5:00 p.m. on January 15, 2015. If Baserva fails to participate in the preparation of the Joint Final Pretrial Statements, then Vivid shall file a Unilateral Final Pretrial Statement by 5:00 p.m. on January 15, 2015. Signed by Magistrate Judge Douglas N. Frazier on 1/8/2015. (brh)
January 7, 2015 Filing 146 MOTION for Extension of Time to File Trial Brief, Pretrial Statement, and Jury Instructions by Vivid Entertainment, LLC. (Lampert, Joey)
January 7, 2015 Filing 145 MOTION for sanctions Against Defendant Baserva For Spoliation of Evidence by Vivid Entertainment, LLC. (Lampert, Joey)
January 7, 2015 Filing 144 MOTION in limine regarding to Exclude Defendants' Exhibits and Witnesses from Trial by Vivid Entertainment, LLC. (Lampert, Joey)
January 7, 2015 Filing 143 MOTION in limine regarding Conclusively Establish Admissions and Exclude Evidence Disputing Admitted Facts by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Request for Admissions, #2 Exhibit 2 - Supplemental Responses to Interrogatories)(Lampert, Joey)
January 7, 2015 Filing 142 MOTION in limine regarding Exclude Evidence of Settlement Discussions and Mediation by Vivid Entertainment, LLC. (Lampert, Joey)
January 7, 2015 Filing 141 MOTION in limine regarding Judicial Notice of Adjudicative Facts by Vivid Entertainment, LLC. (Lampert, Joey)
January 7, 2015 Filing 140 MOTION in limine regarding Preclude Use of Certain Language by All Plaintiffs. (Lampert, Joey)
January 7, 2015 Opinion or Order Filing 139 ENDORSED ORDER denying as moot #135 Motion for Sanctions Against Defendant Baserva for Failure to Comply with Case Management and Scheduling Order and Court Order Relating to Meeting In-Person. A Corrected Motion for Sanctions #136 was filed. Signed by Magistrate Judge Douglas N. Frazier on 1/7/2015. (brh)
January 6, 2015 Opinion or Order Filing 138 ORDER granting #107 Defendant Anthony McCarty's Motion for Protective Order and/or to Modify Plaintiff's Notice of Deposition; denying #108 Plaintiff's Motion for Sanctions. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 1/6/2015. (CAS)
January 6, 2015 Opinion or Order Filing 137 ORDER denying #133 Amended Motion for Clarification and Extension of Time to Meet Discovery Deadlines; denying as moot #115 Motion for Clarification and Extension of Time to Meet Discovery Deadlines. Signed by Magistrate Judge Douglas N. Frazier on 1/6/2015. (CAS)
January 6, 2015 Filing 136 Amended MOTION for sanctions Against Defendant Baserva For Failure to Comply with Case Management and Scheduling Order [DE 55, 63, 87] and Court Order [DE 132] Relating to Meeting In-Person by Vivid Entertainment, LLC. (Lampert, Joey)
January 6, 2015 Filing 135 MOTION for sanctions Against Defendant Baserva For Failure to Comply with Case Management and Scheduling Order [DE 55, 63, 87] and Court Order [DE 132] Relating to Meeting In-Person by Vivid Entertainment, LLC. (Lampert, Joey)
December 30, 2014 Filing 134 MOTION for sanctions against Defendant McCarty by All Plaintiffs. (Turner, Paul)
December 29, 2014 Opinion or Order Filing 132 ENDORSED ORDER granting #131 Second Joint Motion to Extend M.D. L.R. 3.06(b) Meeting In Person Deadlines, M.D. L.R. 3.06(c) Joint Final Pretrial Statement Deadline and Deadline for All Other Motions Including Motions in Limine and Trial Briefs. The deadline to meet in person to prepare the Joint Final Pretrial Statement is extended to January 5, 2015, and the deadline to file the Joint Final Pretrial Statement and all other motions including motions in limine and trial briefs is extended to January 7, 2015. All other deadlines previously set shall remain the same. Signed by Magistrate Judge Douglas N. Frazier on 12/29/2014. (brh)
December 24, 2014 Filing 133 AMENDED MOTION for clarification 132 and MOTION to extend time to to meet discovery deadlines by Jose Baserva. (SPB) Motions referred to Magistrate Judge Douglas N. Frazier.
December 17, 2014 Filing 131 Second MOTION to extend time to 01/07/14 for Deadline to Meet In Person, M.D. L.R. 3.06(c) Joint Final Pretrial Statement Deadline, and deadline for All Other Motions Including Motions In Limine and Trial Briefs by Vivid Entertainment, LLC. (Lampert, Joey) Motions referred to Magistrate Judge Douglas N. Frazier.
December 10, 2014 Opinion or Order Filing 130 ENDORSED ORDER granting #129 Joint Motion to Extend M.D. L.R. 3.06(b) Meeting in Person. The deadline to meet in person to prepare the Joint Final Pretrial Statement is extended to December 19, 2014. All other deadlines previously set shall remain the same. Signed by Magistrate Judge Douglas N. Frazier on 12/10/2014. (brh)
December 9, 2014 Filing 129 Joint MOTION to extend time to 12/19/2014 for Meeting in Person Deadline by Vivid Entertainment, LLC. (Lampert, Joey) Motions referred to Magistrate Judge Douglas N. Frazier.
December 8, 2014 Filing 128 RESPONSE in Opposition re #117 MOTION for summary judgment on Jose Baserva's Counterclaims filed by Jose Baserva. (drn)
December 8, 2014 Opinion or Order Filing 127 ENDORSED ORDER denying as moot #120 Plaintiff's Motion to Appear Telephonically for Parties' Meeting to Prepare Joint Final Pretrial Statement due to #122 Plaintiff's Notice of Withdrawal of Motion. Signed by Magistrate Judge Douglas N. Frazier on 12/8/2014. (CAS)
December 8, 2014 Opinion or Order Filing 126 Order denying #112 Non-party Eleanor Funk's Motion for Protective Order/Quash Subpoena to Produce Documents; denying #113 Defendant Jose Baserva's Motion for Protective Order/Quash Subpoena to Produce Documents; and denying #114 Defendant Anthony McCarty's Motion for Protective Order/Quash Subpoena to Produce Documents. Signed by Magistrate Judge Douglas N. Frazier on 12/8/2014. (CAS)
December 8, 2014 Opinion or Order Filing 125 ORDER granting #109 Plaintiff's Motion to Compel Discovery and Deem Requests Admitted. Within 21 days from the date of this Order, McCarty shall respond to Plaintiff's first set of interrogatories and produce documents responsive to Plaintiff's first request for production of documents. All requests of admissions contained in Plaintiff's first set of requests for admissions are deemed admitted. Signed by Magistrate Judge Douglas N. Frazier on 12/8/2014. (CAS)
December 8, 2014 Opinion or Order Filing 124 ORDER granting #106 Defendant Anthony McCarty's Motion for Extension of Time to Oppose Plaintiff Vivid Entertainment, LLC's Motion for Final Judgment After Default Against Defendant J&B PB LLC; Vivid, LLC; and Anthony McCarty. Defendant Anthony McCarty shall have 14 days from the date of this Order in which to file a Response to #99 Plaintiff Vivid Entertainment, LLC's Motion for Final Judgment After Default Against Defendant J&B PB LLC; Vivid, LLC; and Anthony McCarty. Signed by Magistrate Judge Douglas N. Frazier on 12/8/2014. (CAS)
December 8, 2014 Opinion or Order Filing 123 ORDER denying as moot #97 Defendant Jose Baserva's Order to Show Cause. Signed by Magistrate Judge Douglas N. Frazier on 12/8/2014. (CAS)
December 8, 2014 Filing 122 NOTICE of withdrawal of motion by Vivid Entertainment, LLC re #120 MOTION to Appear Telephonically for Parties' Meeting to Prepare Joint Final Pretrial Statement filed by Vivid Entertainment, LLC (Lampert, Joey)
December 5, 2014 Filing 121 RESPONSE in Opposition re #115 MOTION for clarification re #87 Case management and scheduling order MOTION to extend time to meet discovery deadlines filed by Vivid Entertainment, LLC. (Lampert, Joey)
December 4, 2014 Filing 120 MOTION to Appear Telephonically for Parties' Meeting to Prepare Joint Final Pretrial Statement by Vivid Entertainment, LLC. (Lampert, Joey) Motions referred to Magistrate Judge Douglas N. Frazier.
December 2, 2014 Filing 119 NOTICE of service of defendant's second request for production of documents to plaintiff Vivid Entertainment, LLC by Jose Baserva. (drn)
December 1, 2014 Filing 118 SUMMARY JUGMENT NOTICE re #117 MOTION for summary judgment on Jose Baserva's Counterclaims. (drn)
November 28, 2014 Filing 117 MOTION for summary judgment on Jose Baserva's Counterclaims by Vivid Entertainment, LLC. (Attachments: #1 Exhibit Composite Deposition Transcript of Baserva, #2 Exhibit Baserva's supplemental interrogatory responses, #3 Exhibit Demand Letter to VCN Company, #4 Exhibit Settlement Agreement with VCN Company, #5 Exhibit Vivid Demand Letter to Baserva, #6 Exhibit Response from Baserva, #7 Exhibit Baserva TM application, #8 Exhibit Miami event flyer, #9 Exhibit Florida Event Flyer, #10 Exhibit Baserva email, #11 Exhibit Baserva email)(Spector, Joshua)
November 26, 2014 Filing 116 RESPONSE in Opposition re #113 MOTION for protective order MOTION to quash subpoena, #112 MOTION for protective order MOTION to quash subpoena, #114 MOTION for protective order MOTION to quash subpoena filed by Vivid Entertainment, LLC. (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)(Lampert, Joey)
November 21, 2014 Filing 115 MOTION for clarification re #87 Case management and scheduling order, and MOTION to extend time to meet discovery deadlines by Jose Baserva. (SLU) Motions referred to Magistrate Judge Douglas N. Frazier.
November 14, 2014 Filing 114 MOTION for protective order, MOTION to quash subpoena to produce documents, information or objects to permit inspection of premises in a civil action by Anthony McCarty. (Attachments: #1 Exhibit)(drn) Motions referred to Magistrate Judge Douglas N. Frazier.
November 14, 2014 Filing 113 MOTION for protective order, MOTION to quash subpoena to produce documents, information or objects or to permit inspection of premises in a civil action by Jose Baserva. (Attachments: #1 Exhibit)(drn) Motions referred to Magistrate Judge Douglas N. Frazier.
November 14, 2014 Filing 112 MOTION for protective order, MOTION to quash subpoena to produce documents, information or objects to permit inspection of premises in a civil action by a party not part of this legal action by Eleanor Funk. (Attachments: #1 Exhibit)(drn) Motions referred to Magistrate Judge Douglas N. Frazier.
November 3, 2014 Filing 111 MEDIATION report. Hearing held on October 31, 2014. Hearing outcome: Impasse. (Tripp, Theodore) Modified on 11/4/2014 to edit docket text (drn).
October 31, 2014 Filing 110 RESPONSE in Opposition re #106 MOTION for Extension of Time to File Response/Reply as to #99 First MOTION for Final Judgment After Default judgment filed by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Kohler v. Garlets)(Lampert, Joey)
October 31, 2014 Filing 109 MOTION to Compel Discovery and Deem Requests Admitted by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - First Set of Interrogatories, #2 Exhibit 2 - First Request for Production, #3 Exhibit 3 - First Set of Request for Admissions)(Lampert, Joey) Motions referred to Magistrate Judge Douglas N. Frazier.
October 28, 2014 Filing 108 RESPONSE in Opposition re #107 MOTION for protective order MOTION to modify plaintiff's notice of deposition and MOTION for sanctions filed by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Certificate of Non-Appearance, #2 Exhibit 2 - Certificate of Non-Appearance, #3 Exhibit 3 - Notice of Taking Deposition)(Lampert, Joey) Modified on 10/29/2014 to edit event and docket text (SLU).
October 24, 2014 Filing 107 MOTION for protective order and/or, MOTION to modify plaintiff's notice of deposition by Anthony McCarty. (SLU) Motions referred to Magistrate Judge Douglas N. Frazier.
October 24, 2014 Filing 106 MOTION for Extension of Time to File Response/Reply as to #99 First MOTION for Final Judgment After Default judgment by Anthony McCarty. (SLU) Motions referred to Magistrate Judge Douglas N. Frazier.
October 23, 2014 Filing 105 NOTICE OF SELECTION of Theodore L. Tripp, Jr. as mediator by Vivid Entertainment, LLC. (Lampert, Joey)
October 20, 2014 Opinion or Order Filing 104 ORDER denying #96 Defendant Jose Baserva's Motion for Entry of Clerk's Default. Signed by Magistrate Judge Douglas N. Frazier on 10/20/2014. (CAS)
October 13, 2014 Filing 103 RESPONSE in Opposition re #96 MOTION for entry of clerk's default against Vivid Entertainment, LLC(a California limited liability company) filed by Vivid Entertainment, LLC. (Lampert, Joey)
October 8, 2014 Filing 102 RESPONSE in Opposition re #97 MOTION to Set Aside Clerk's defaults #70 Clerk's Entry of Default, #92 Clerk's Entry of Default filed by Vivid Entertainment, LLC. (Lampert, Joey)
October 7, 2014 Opinion or Order Filing 101 ORDER taking no further action on the #93 Order to show cause. Signed by Judge John E. Steele on 10/7/2014. (RKR)
October 6, 2014 Filing 100 RESPONSE TO ORDER TO SHOW CAUSE re #93 Order to show cause filed by Vivid Entertainment, LLC. (Spector, Joshua)
October 3, 2014 Filing 99 First MOTION for Final Judgment After Default judgment by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Spector, Joshua)
October 2, 2014 Opinion or Order Filing 98 ORDER granting #94 Motion to Extend Time; granting #95 Motion to Extend Time. Defendant Jose Baserva shall have until October 10, 2014, in which to comply with the Court's previous Orders (Doc. 90 and 91). Signed by Magistrate Judge Douglas N. Frazier on 10/2/2014. (CAS)
September 29, 2014 Opinion or Order Filing 97 ORDER TO SHOW CAUSE (MOTION to Set Aside Clerk's defaults #70 Clerk's Entry of Default, #92 Clerk's Entry of Default by Jose Baserva. (drn)
September 29, 2014 Filing 96 MOTION for entry of clerk's default against Vivid Entertainment, LLC (a California limited liability company) by Jose Baserva. (drn) Motions referred to Magistrate Judge Douglas N. Frazier.
September 26, 2014 Filing 95 MOTION to extend time to allowed for Defendant to Compel to Third Set of Interrogatories and Third Request for Production by Jose Baserva. (SLU) Motions referred to Magistrate Judge Douglas N. Frazier.
September 26, 2014 Filing 94 MOTION to extend time to allowed for Defendant to Compel to Second Set of Interrogatories No. 5 and Second Request for Production No. 15 by Jose Baserva. (SLU) Motions referred to Magistrate Judge Douglas N. Frazier.
September 22, 2014 Opinion or Order Filing 93 ORDER to show cause why the defaulted defendants should not be dismissed for failure to seek default judgments as to Vivid Entertainment, LLC. Show Cause Response due by 10/6/2014. Signed by Judge John E. Steele on 9/22/2014. (RKR)
September 19, 2014 Filing 92 CLERK'S ENTRY OF DEFAULT as to J&B PB, LLC. (drn)
September 18, 2014 Opinion or Order Filing 91 ORDER denying as moot #72 Defendant's Motion to Enlarge Time to Respond to Discovery; granting #79 Plaintiff's Motion for Sanctions and to Compel Baserva's Responses to Third Set of Discovery; denying #82 Defendant's Motion to Contest Plaintiff's Motion for Sanctions and to Compel Defendant's Responses to Third Set of Discovery; denying as moot #83 Defendant's Motion to Enlarge Time to Respond to Discovery. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 9/18/2014. (CAS)
September 18, 2014 Opinion or Order Filing 90 ORDER granting #75 Plaintiff's Motion for Sanctions and to Compel Discovery. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 9/18/2014. (CAS)
September 18, 2014 Opinion or Order Filing 89 ORDER denying as moot #78 Plaintiff's Motion for Order to Show Cause Why Defendant's J&B PB, LLC and Jose Baserva Have Failed to Comply with This Court's Order and Obtain New Counsel. Signed by Magistrate Judge Douglas N. Frazier on 9/18/2014. (CAS)
September 18, 2014 Opinion or Order Filing 88 ORDER directing the Clerk to enter a default against Defendant J&B PB LLC. Signed by Magistrate Judge Douglas N. Frazier on 9/18/2014. (CAS)
September 15, 2014 Mail returned as Undeliverable - insufficient address - unable to forward re: #86 Order on motion for leave to proceed in forma pauperis. Mail not resent to J&B PB, LLC. (drn)
September 10, 2014 Opinion or Order Filing 87 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 1/20/2015 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Jury Trial set for trial term 2/2/2015 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele. SEE ORDER FOR ALL DEADLINES. Signed by Magistrate Judge Douglas N. Frazier on 9/10/2014. (BJH)
September 9, 2014 Opinion or Order Filing 86 ORDER granting in part and denying in part #80 Defendant Jose Baserva's Motion to Proceed Pro Se. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 9/9/2014. (CAS)
September 8, 2014 Filing 85 RESPONSE re #81 Response to motion to Vacate filed by Vivid Entertainment, LLC. (Turner, Paul)
September 5, 2014 Filing 84 RESPONSE in Opposition re #83 MOTION to extend time to respond to discovery filed by Vivid Entertainment, LLC. (Lampert, Joey)
August 28, 2014 Filing 83 MOTION to extend time to respond to discovery by Jose Baserva, J&B PB, LLC. (RMT) Motions referred to Magistrate Judge Douglas N. Frazier.
August 28, 2014 Filing 82 MOTION to contest plaintiffs motion for sanctions and to compel defendant's responses to third set of discovery by Jose Baserva, J&B PB, LLC. (RMT)
August 27, 2014 Filing 81 RESPONSE to Motion re #54 MOTION for entry of clerk's default against Vivid, LLC filed by Anthony McCarty. (RMT)
August 27, 2014 Filing 80 MOTION to Proceed Pro Se by Jose Baserva. (RMT) Motions referred to Magistrate Judge Douglas N. Frazier.
August 27, 2014 Filing 79 MOTION for sanctions , MOTION to Compel Responses to Third Set of Discovery directed to Jose Baserva by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Third Set of Interrogatories, #2 Exhibit 2 - Third Request for Production of Documents)(Lampert, Joey) Motions referred to Magistrate Judge Douglas N. Frazier.
August 27, 2014 Filing 78 MOTION for order to show cause by Vivid Entertainment, LLC. (Lampert, Joey)
August 25, 2014 Mail returned as return to sender/insufficent address/unable to forward re: #77 Order on motion to modify. Mail was not resent to J&B PB, LLC c/o Jose Baserva. (RMT)
August 20, 2014 Mail returned as return to sender/insufficient address/unable to forward Undeliverable re: #69 Order on motion to extend time, #68 Order on Motion for Entry of Default. Mail was not resent to J&B PB, LLC. (RMT)
August 18, 2014 Opinion or Order Filing 77 ORDER granting #71 Defendants Jose Baserva and J&B, LLC's Motion to Modify the Case Management and Scheduling Order to Extend the Deadlines. The Clerk is directed to enter an amended Case Management and Scheduling Order extending the deadline to disclose experts report and all pending deadlines for a period of 60 days. The Clerk is directed to set the trial for the February 2015 trial term. Signed by Magistrate Judge Douglas N. Frazier on 8/18/2014. (CAS)
August 15, 2014 Filing 76 NOTICE by Vivid Entertainment, LLC re #63 Case management and scheduling order OF DISCLOSING EXPERT REPORT (Turner, Paul)
August 12, 2014 Filing 75 MOTION for sanctions and, MOTION to Compel Discovery by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - verified interrogatories responses, #2 Exhibit 2 - supplemental responses)(Lampert, Joey) Motions referred to Magistrate Judge Douglas N. Frazier.
August 12, 2014 Filing 74 RESPONSE in Opposition re #72 MOTION to extend time to respond to discovery filed by Vivid Entertainment, LLC. (Lampert, Joey)
August 12, 2014 Filing 73 NOTICE by Vivid Entertainment, LLC re #71 MOTION to modify the case management and scheduling order (Lampert, Joey)
August 11, 2014 Filing 72 MOTION to extend time to respond to discovery by Jose Baserva, J&B PB, LLC. (RMT) Motions referred to Magistrate Judge Douglas N. Frazier.
August 11, 2014 Filing 71 MOTION to modify the case management and scheduling order to extend the deadlines by Jose Baserva, J&B PB, LLC. (RMT)
August 8, 2014 Filing 70 Clerk's ENTRY OF DEFAULT as to Anthony McCarty. (RMT)
August 8, 2014 Opinion or Order Filing 69 ORDER denying as moot #57 Plaintiff's Motion to Modify the Case Management and Scheduling Order to Extend the Deadline for Disclosure of Expert Reports. Signed by Magistrate Judge Douglas N. Frazier on 8/8/2014. (CAS)
August 8, 2014 Opinion or Order Filing 68 ORDER granting #62 Plaintiff's Motion for Clerk's Default Against Defendant Anthony McCarty. The Clerk is directed to enter a default against Defendant Anthony McCarty. Signed by Magistrate Judge Douglas N. Frazier on 8/8/2014. (CAS)
July 24, 2014 Opinion or Order Filing 67 ORDER granting #66 Motion to Withdraw as Counsel. The law firm Erik M. Pelton & Associates, PLLC and its attorney Erik M. Pelton are permitted to withdraw as counsel of record for Defendants and shall have no further responsibility in this matter. The Clerk is directed to remove the law firm law firm Erik M. Pelton & Associates, PLLC and Erik M. Pelton from receiving any further notice of electronic filing in this matter. Defendants shall have 30 days in which to secure counsel. If Defendants fails to secure new counsel within this time period, the Court may recommend that the Defendants be held in default. Signed by Magistrate Judge Douglas N. Frazier on 7/24/2014. (brh)
July 21, 2014 Filing 66 MOTION for Pelton, Erik to withdraw as attorney by Jose Baserva, J&B PB, LLC. (Pelton, Erik) Motions referred to Magistrate Judge Douglas N. Frazier.
July 17, 2014 Opinion or Order Filing 65 ORDER granting #64 Attorney Steven A. Ramunni's Motion to Withdraw. Mr. Ramunni is permitted to withdraw as counsel for Defendants and shall have no further responsibility in this matter. The clerk is directed to remove Mr. Ramunni from receiving any further notice of electronic filing in this matter. Signed by Magistrate Judge Douglas N. Frazier on 7/17/2014. (CAS)
July 16, 2014 Filing 64 First MOTION for Steven A. Ramunni to withdraw as attorney by Jose Baserva, J&B PB, LLC. (Ramunni, Steven) Motions referred to Magistrate Judge Douglas N. Frazier.
July 14, 2014 Opinion or Order Filing 63 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/17/2014 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Jury Trial set for TRIAL TERM 12/1/2014 in Ft. Myers Courtroom 6 A before Judge John E. Steele. SEE ORDER FOR ALL DEADLINES. Signed by Magistrate Judge Douglas N. Frazier on 7/14/2014. (BJH)
July 8, 2014 Filing 62 MOTION for entry of clerk's default against Anthony McCarty by Vivid Entertainment, LLC. (Turner, Paul) Motions referred to Magistrate Judge Douglas N. Frazier.
July 7, 2014 Filing 61 CASE MANAGEMENT REPORT. (Lampert, Joey)
July 1, 2014 Filing 60 CLERK'S ENTRY OF DEFAULT as to Vivid, LLC, (RMT).
June 30, 2014 Opinion or Order Filing 59 ORDER the deadline to disclose expert reports is stayed. Within 7 days from the date of this order, the parties shall file an amended case management report. Signed by Magistrate Judge Douglas N. Frazier on 6/30/2014. (CAS)
June 30, 2014 Opinion or Order Filing 58 ORDER granting #54 Plaintiff's Motion for Entry of Clerk's Default Against Defendant Vivid, LLC. The Clerk is directed to enter a default against Defendant Vivid, LLC. Signed by Magistrate Judge Douglas N. Frazier on 6/30/2014. (CAS)
June 25, 2014 Filing 57 MOTION to extend time to 08/11/2014 for Disclosure of Plaintiff's Expert Report by Vivid Entertainment, LLC. (Turner, Paul) Motions referred to Magistrate Judge Douglas N. Frazier.
June 23, 2014 Filing 56 PROOF of service by Vivid Entertainment, LLC (Attachments: #1 Exhibit 1 - Acceptance of Service)(Turner, Paul)
June 18, 2014 Opinion or Order Filing 55 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 11/17/2014 at 09:00 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Jury Trial set for trial term commencing 12/1/2014 at 09:00 AM before Judge John E. Steele, Conduct mediation hearing by 9/5/2014. Lead counsel to coordinate dates. Signed by Judge John E. Steele on 6/18/2014. (BMA)
June 11, 2014 Filing 54 MOTION for entry of clerk's default against Vivid, LLC by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Division of Corporations printout, #2 Exhibit 2 - Summons, #3 Exhibit 3 - Affidavit of Service of Process)(Turner, Paul) Motions referred to Magistrate Judge Douglas N. Frazier.
June 5, 2014 Filing 53 NOTICE by Vivid Entertainment, LLC of Intent to Issue Subpoena Duces Tecum (Attachments: #1 Exhibit 1 - Subpoenas)(Turner, Paul)
May 27, 2014 Opinion or Order Filing 52 ENDORSED ORDER granting #51 Notice of Withdrawal of Motion for Sanctions and to Compel Discovery; and withdrawing #47 Motion for Sanctions and to Compel Discovery. Signed by Magistrate Judge Douglas N. Frazier on 5/27/2014. (brh)
May 27, 2014 Filing 51 NOTICE of withdrawal of motion by Vivid Entertainment, LLC re #47 MOTION for sanctions MOTION to Compel Discovery filed by Vivid Entertainment, LLC (Turner, Paul)
May 22, 2014 Filing 50 AMENDED ANSWER to #45 Amended Complaint , COUNTERCLAIM against All Plaintiffs by Jose Baserva. (Pelton, Erik) Modified on 2/2/2015. Pleading stricken per Order #164 (drn).
May 22, 2014 Filing 49 ALIAS SUMMONS issued as to Anthony McCarty. (RMT)
May 21, 2014 Filing 48 NOTICE by Vivid Entertainment, LLC re 46 Summons issued to Anthony McCarty (Attachments: #1 Exhibit 1 - Return of Non-Service)(Lampert, Joey)
May 14, 2014 Filing 47 MOTION for sanctions , MOTION to Compel Discovery by Vivid Entertainment, LLC. (Attachments: #1 Exhibit 1 - Plaintiff's First Set of Interrogatories, #2 Exhibit 2 - Plaintiff's First Request for Production, #3 Exhibit 3 - Defendant's Supplemental Responses to First Set of Interrogatories, #4 Exhibit 4 - Defendant's Supplemental Responses to First Request for Production)(Lampert, Joey) Motions referred to Magistrate Judge Douglas N. Frazier.
May 8, 2014 Filing 46 SUMMONS issued as to Anthony McCarty, Vivid, LLC. (RMT)
May 6, 2014 Filing 45 AMENDED COMPLAINT against Jose Baserva, J&B PB, LLC, Anthony McCarty, Vivid, LLC with Jury Demand. filed by Vivid Entertainment, LLC. Related document: #1 Complaint filed by Vivid Entertainment, LLC. (Attachments: #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(RMT)
May 5, 2014 Opinion or Order Filing 44 ORDER granting #43 Vivid Entertainment, LLC's Motion for Leave to Amend Complaint. The Court accepts Plaintiff's Amended Complaint (Doc. 43-1). The Clerk is directed to file the Amended Complaint under a separate docket entry. Signed by Magistrate Judge Douglas N. Frazier on 5/5/2014. (CAS)
April 18, 2014 Filing 43 MOTION to Amend/Correct #1 Complaint by Vivid Entertainment, LLC. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit CNA - Corp. Rep. Vivid)(Turner, Paul)
February 11, 2014 Filing 42 REPLY to #31 Counterclaim by Vivid Entertainment, LLC. Related document: #35 Answer to ComplaintCounterclaim filed by J&B PB, LLC, Jose Baserva.(Lampert, Joey)
February 10, 2014 Opinion or Order Filing 41 ORDER granting #40 Defendants' Motion for Admission Pro Hac Vice. Within 14 days, Mr. Pelton shall send to the Clerk's Office, the application for special admission to practice along with the required $10.00 application fee. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Douglas N. Frazier on 2/10/2014. (CAS)
February 7, 2014 Filing 40 First MOTION for Erik M. Pelton to appear pro hac vice by All Defendants. (Ramunni, Steven) Motions referred to Magistrate Judge Douglas N. Frazier.
January 28, 2014 Opinion or Order Filing 39 ENDORSED ORDER granting #38 Agreed Motion for Extension of Time to Respond to Baserva's Second Amended Counterclaim. The Plaintiff shall have until February 11, 2014 in which to file a response. Signed by Magistrate Judge Douglas N. Frazier on 1/28/2014. (brh)
January 28, 2014 Filing 38 Second MOTION to extend time to file Plaintiff's Answer to Baserva's Second Amended Counterclaim by Vivid Entertainment, LLC. (Turner, Paul) Motions referred to Magistrate Judge Douglas N. Frazier.
January 9, 2014 Opinion or Order Filing 37 ORDER denying #29 Motion to Strike Affirmative Defenses to Complaint; denying #33 Motion for More Definite Statement, Alternatively, Motion to Dismiss Amended Counterclaim; and, granting #34 Motion for Leave to File Defendants' Second Amended Answer, Affirmative Defenses, and Counterclaim. The Court accepts the Second Amended Answer, Affirmative Defenses, and Counterclaim #35 as filed. Signed by Magistrate Judge Douglas N. Frazier on 1/9/2014. (brh)
January 6, 2014 Filing 36 RESPONSE to Motion re #34 First MOTION to Amend/Correct #26 Response filed by Vivid Entertainment, LLC. (Turner, Paul)
December 23, 2013 Filing 35 Second Amended ANSWER and affirmative defenses to Complaint with Jury Demand , COUNTERCLAIM against All Defendants by J&B PB, LLC, Jose Baserva.(Ramunni, Steven)
December 23, 2013 Filing 34 First MOTION to Amend/Correct #26 Response by Jose Baserva, J&B PB, LLC. (Ramunni, Steven)
December 20, 2013 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Erik Pelton, appearing on behalf of Jose Baserva, J&B PB, LLC (Filing fee $10 Receipt #FTM005524). (BJH) Modified on 12/23/2013 (kma).
November 22, 2013 Filing 33 MOTION for More Definite Statement and Motion to Dismiss Amended Counterclaim by Vivid Entertainment, LLC. (Spector, Joshua)
November 18, 2013 Filing 32 NOTICE of compliance Defendants'/Counter-Plaintiff's Initial Disclosures by Jose Baserva, J&B PB, LLC (Ramunni, Steven)
November 8, 2013 Filing 31 Amended ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against Vivid Entertainment, LLC, Vivid Entertainment, LLC by J&B PB, LLC, Jose Baserva.(Ramunni, Steven)
October 31, 2013 Filing 30 NOTICE by Vivid Entertainment, LLC of Filing of Answer and Affirmative Defenses to Counterclaim (Attachments: #1 Exhibit Plaintiff's Answer and Affirmative Defenses to Counterclaim)(Lampert, Joey)
October 31, 2013 Filing 29 MOTION to Strike #26 Response Answer and Affirmative Defenses by Vivid Entertainment, LLC. (Lampert, Joey)
October 25, 2013 Filing 28 CASE MANAGEMENT REPORT. (Lampert, Joey)
October 21, 2013 Opinion or Order Filing 27 ENDORSED ORDER granting #25 Unopposed Motion to Appear Telephonically for the M.D. L.R. 3.05(c)/Fed. R. Civ. P. 26(f) Conference. The parties may conduct their case management meeting by telephone. Signed by Magistrate Judge Douglas N. Frazier on 10/21/2013. (brh)
October 21, 2013 Filing 26 ANSWER, Affirmative Defenses and Counterclaim re #1 Complaint filed by Jose Baserva, J&B PB, LLC. (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit Composite Exhibit B)(Ramunni, Steven) Modified on 10/31/2013 (RMT).
October 21, 2013 Filing 25 Unopposed MOTION to Appear Telephonically at Fed. R. Civ. P 26F Conference by Vivid Entertainment, LLC. (Attachments: #1 Text of Proposed Order)(Turner, Paul) Motions referred to Magistrate Judge Douglas N. Frazier.
October 15, 2013 Opinion or Order Filing 24 ENDORSED ORDER granting #23 Joint Motion for Extension of Time for M.D. L.R. 3.05(c) Conference to October 25, 2013. The deadline to meet to prepare the case management report is extended to October 25, 2013. Signed by Magistrate Judge Douglas N. Frazier on 10/15/2013. (brh)
October 15, 2013 Filing 23 Joint MOTION to extend time to October 25, 2013 M.D. L.R. 3.05(C) CONFERENCE by Vivid Entertainment, LLC. (Turner, Paul)
September 30, 2013 Opinion or Order Filing 22 ORDER denying #17 Motion for Order to Show Cause Why Sanctions Should Not be Imposed for Defendants' Failure to Comply With This Court's Standard Certificate of Interested Persons Order. Signed by Magistrate Judge Douglas N. Frazier on 9/30/2013. (brh)
September 6, 2013 Opinion or Order Filing 21 ENDORSED ORDER granting #19 Motion for Extension of Time to File a Responsive Pleading. The Defendants shall have an additional 45 days in which to file their response to the Complaint. Signed by Magistrate Judge Douglas N. Frazier on 9/6/2013. (brh)
September 6, 2013 Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Jose Baserva, J&B PB, LLC. (Ramunni, Steven)
September 6, 2013 Filing 19 MOTION for Extension of Time to File Response/Reply by Jose Baserva, J&B PB, LLC. (Ramunni, Steven)
September 6, 2013 Filing 18 NOTICE of Appearance by Steven A. Ramunni on behalf of Jose Baserva, J&B PB, LLC (Ramunni, Steven)
August 30, 2013 Filing 17 MOTION for order to show cause WHY SANCTIONS SHOULD NOT BE IMPOSED FOR DEFENDANTS' FAILURE TO COMPLY WITH THIS COURT'S STANDARD CERTIFICATE OF INTERESTED PERSONS ORDER by Vivid Entertainment, LLC. (Turner, Paul)
August 21, 2013 Mail returned as return to sender/attempted-unknown, Unable to forward re: #15 Order on motion to extend timeOrder on motion for default. Mail was not resent to J&B PB, LLC. (RMT)
August 20, 2013 Filing 16 NOTICE of Appearance by Joey M. Lampert on behalf of Vivid Entertainment, LLC (Lampert, Joey)
August 14, 2013 Opinion or Order Filing 15 ORDER granting #8 Motion for Extension of Time to Respond to Plaintiff's Complaint; granting #9 Motion for Extension of Time to Respond to Plaintiff's Complaint; and denying without prejudice #11 Motion for Default Against Defendant J&B PB, LLC. The Defendants shall have until September 6, 2013 in which to file responses to the Complaint. J&B PB, LLC must file its response through counsel. Signed by Magistrate Judge Douglas N. Frazier on 8/14/2013. (brh)
August 14, 2013 Filing 14 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 8/28/2013 as to Jose Baserva and J&B PB, LLC. Signed by All Divisional Judges on 8/14/2013. (RMT)
August 14, 2013 Filing 13 RESPONSE to Motion re #8 MOTION to extend time to respond to plaintiff's complaint filed by Vivid Entertainment, LLC. (Turner, Paul)
August 14, 2013 Filing 12 RESPONSE to Motion re #9 MOTION to extend time to respond to plaintiff's complaint filed by Vivid Entertainment, LLC. (Turner, Paul)
August 14, 2013 Filing 11 MOTION for default for failure to respond to Complaint by Vivid Entertainment, LLC. (Turner, Paul) Motions referred to Magistrate Judge Douglas N. Frazier.
August 14, 2013 Filing 10 PROOF of service by Vivid Entertainment, LLC (Attachments: #1 Exhibit ROS - J&B PB, LLC, #2 Exhibit ROS - Braserva)(Turner, Paul)
August 9, 2013 Filing 9 MOTION to extend time to respond to plaintiff's complaint by Jose Baserva. (RMT)
August 9, 2013 Filing 8 MOTION to extend time to respond to plaintiff's complaint by J&B PB, LLC. (RMT)
August 5, 2013 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Vivid Entertainment, LLC. (Turner, Paul)
August 5, 2013 Filing 6 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Vivid Entertainment, LLC. Related case(s): NO (Turner, Paul)
July 22, 2013 Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/5/2013. Signed by All Divisional Judges on 7/22/2013. (BJH)
July 22, 2013 Filing 4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 8/5/2013. Signed by All Divisional Judges on 7/22/2013. (BJH)
July 16, 2013 Filing 3 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 12/07/09. (RMT)
July 16, 2013 Filing 2 SUMMONS issued as to Jose Baserva, J&B PB, LLC. (RMT)
July 15, 2013 Filing 1 COMPLAINT against Jose Baserva, J&B PB, LLC with Jury Demand (Filing fee $ 400 receipt number FTM004864) filed by Vivid Entertainment, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Civil Cover Sheet)(RMT)

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Search for this case: Vivid Entertainment, LLC v. J&B PB, LLC et al
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Defendant: J&B PB, LLC
Represented By: Steven A. Ramunni
Represented By: Erik M. Pelton
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Defendant: Jose Baserva
Represented By: Steven A. Ramunni
Represented By: Erik M. Pelton
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Defendant: Vivid, LLC
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Defendant: Anthony McCarty
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Garnishee: Wells Fargo Bank, N.A.
Represented By: John Bradford Kent
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Garnishee: SunTrust Bank
Represented By: John A. Barry
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Garnishee: Capital Bank
Represented By: Eric John Vasquez
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Garnishee: IberiaBank
Represented By: Jeffrey R. Becker
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Garnishee: FIFTH THIRD BANK N.A.
Represented By: Michael Keith Wilson
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Garnishee: Bank of America, N.A.
Represented By: Ana Diaz Noa
Represented By: Michael A Noa
Represented By: Joseph Noa
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Garnishee: Edison National Bank
Represented By: Richard Allen Johnston, Jr.
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Petitioner: Erik M. Pelton & Associates
Represented By: Rory Eric Jurman
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Petitioner: Eleanor Funk
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Plaintiff: Vivid Entertainment, LLC
Represented By: Joey M. Lampert
Represented By: Paul Dewey Turner
Represented By: Joshua Byrne Spector
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