Beneschott v. Toptal, LLC et al
| BREANDEN BENESCHOTT |
| Taso Duval and TOPTAL, LLC |
| 2:2019cv00662 |
| September 9, 2019 |
| U.S. District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2020. A more recent docket listing may be available from PACER.
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Filing 39
ORDER directing the Clerk to close the case pursuant to the parties' #38 stipulation. Signed by Judge John E. Steele on 3/13/2020. (RKR)
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| Filing 38 STIPULATION of Dismissal With Prejudice by Taso Duval, Toptal, LLC. (Zinober, Peter) |
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Filing 37
ORDER denying as moot #20 Motion to Dismiss. Signed by Judge John E. Steele on 1/31/2020. (FWH)
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| Filing 36 DECLARATION of Carlos Aguirre re #35 Response by Taso Duval, Toptal, LLC. (Zinober, Peter) |
| Filing 35 RESPONSE re #30 Reply to Response to Motion, re #21 Motion (Defendant/Counter-Plaintiff Toptal LLC's Sur-Reply in Opposition to Plaintiff's Reply in Support of His Motion to Dismiss Counterclaims) filed by Taso Duval, Toptal, LLC. (Zinober, Peter) |
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Filing 34
ENDORSED ORDER granting in part #31 Defendants' Motion to Extend Mediation Deadline. Defendants' mediation deadline is extended to January 22, 2021. Signed by Magistrate Judge Nicholas P. Mizell on 1/27/2020. (HAP)
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Filing 33
ENDORSED ORDER granting #32 Defendants' Motion for Extension of Time to File Sur-Reply. Defendants may file their sur-reply on or before January 31, 2020. Signed by Magistrate Judge Nicholas P. Mizell on 1/24/2020. (HAP)
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| Filing 32 MOTION for Extension of Time to File January 31, 2020 for Sur-Reply by Taso Duval, Toptal, LLC. (Zinober, Peter) |
| Filing 31 MOTION to extend time to March 18, 2021 for Mediation Deadline by Taso Duval, Toptal, LLC. (Zinober, Peter) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 30 REPLY to Response to Motion re #21 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction (CORRECTED) filed by Breanden Beneschott. (Estevez, Anne) |
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Filing 29
ENDORSED ORDER granting #27 Plaintiff's Motion for Leave to File a Reply in Support of his Motion to Dismiss Counterclaims. Plaintiff may file a reply of no more than 5 pages on or before January 10, 2020. Defendant Toptal, LLC may file a sur-reply of no more than 5 pages on or before January 24, 2020. Signed by Magistrate Judge Nicholas P. Mizell on 1/3/2020. (brh)
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| Filing 28 RESPONSE in Opposition re #27 MOTION for leave to file a reply in support of his motion to dismiss counterclaims filed by Toptal, LLC. (Zinober, Peter) |
| Filing 27 MOTION for leave to file a reply in support of his motion to dismiss counterclaims by Breanden Beneschott. (Estevez, Anne) |
| Filing 26 RESPONSE in Opposition re #21 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction (CORRECTED) filed by Toptal, LLC. (Zinober, Peter) |
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Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/15/2020, Discovery due by 1/18/2021, Dispositive motions due by 2/8/2021, Pretrial statement due by 4/26/2021, All other motions due by 5/17/2021, Plaintiff disclosure of expert report due by 9/14/2020, Defendant disclosure of expert report due by 11/16/2020, Final Pretrial Conference set for 6/25/2021 at 9:30 AM in Ft. Myers Courtroom 6A before Judge John E. Steele. Trial term commencing 7/6/2021 Ft. Myers Courtroom 6A before Judge John E. Steele. Conduct mediation hearing by 3/18/2020. Lead counsel to coordinate dates. Signed by Judge John E. Steele on 12/16/2019. (SMG)
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Filing 24
ENDORSED ORDER granting #23 Defendant's Unopposed Motion for Extension of Time to File Defendant's Response in Opposition to Plaintiff's Motion to Dismiss Counts I-VII of Toptal LLC's Counterclaims and Memorandum in Support. For good cause shown and because the motion is unopposed, Defendant may file a response in opposition to Plaintiff's Motion to Dismiss Counts I-VII of Toptal LLC's Counterclaims #21 on or before December 17, 2019. Signed by Magistrate Judge Nicholas P. Mizell on 12/3/2019. (HAP)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply as to #21 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction (CORRECTED) by Taso Duval, Toptal, LLC. (Peppard, Lara) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 22 CASE MANAGEMENT REPORT. (Zinober, Peter) |
| Filing 21 MOTION to dismiss for failure to state a claim , MOTION to dismiss for lack of jurisdiction (CORRECTED) by Breanden Beneschott. (Attachments: #1 Decl. of Breanden Beneschott)(Estevez, Anne) |
| Filing 20 MOTION to dismiss for failure to state a claim , MOTION to dismiss for lack of jurisdiction by Breanden Beneschott. (Attachments: #1 Decl. of Breanden Beneschott)(Estevez, Anne) |
| ***PRO HAC VICE FEES paid by attorney Clara Kollas, appearing on behalf of Breanden Beneschott (Filing fee $150 receipt number FTM014184.). (SPB) |
| Filing 19 NOTICE to counsel Clara Kollm of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (MLJ) |
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Filing 18
ENDORSED ORDER granting #17 Second Joint Motion to Stay All Deadlines Pending Settlement Negotiations, construed as a Motion to Extend Deadlines. For good cause shown and because the motion is filed jointly, the parties may hold their Case Management Report Conference on or before November 20, 2019 and file the Case Management Report on or before December 4, 2019. Plaintiff may file a response to Defendant's counterclaims on or before November 19, 2019. Absent extraordinary circumstances, the parties should not request further extensions of these deadlines. Signed by Magistrate Judge Nicholas P. Mizell on 10/23/2019. (HAP)
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| Filing 17 Second Joint MOTION to stay all deadlines pending settlement negotiations by Taso Duval, Toptal, LLC. (Zinober, Peter) |
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Filing 16
ORDER granting #15 Motion for Special Admission Pro Hac Vice. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 10/10/2019. (HAP)
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| Filing 15 MOTION for Clara Kollm to appear pro hac vice by Breanden Beneschott. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Estevez, Anne) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 14 NOTICE to counsel Clara Kollm of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) |
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Filing 13
ENDORSED ORDER granting #12 Joint Motion to Stay All Deadlines Pending Settlement Negotiations, construed as a Motion to Extend Deadlines. For good cause shown and because the motion is filed jointly, the parties may hold their Case Management Report Conference on or before October 30, 2019 and file their Case Management Report on or before November 13, 2019. Plaintiff may respond to Defendants' Counterclaims #7 on or before October 29, 2019. Signed by Magistrate Judge Nicholas P. Mizell on 10/3/2019. (HAP)
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| Filing 12 Joint MOTION to stay All Deadlines Pending Settlement Negotiations by Taso Duval, Toptal, LLC. (Zinober, Peter) |
| Filing 11 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Taso Duval, Toptal, LLC. Related case(s): y (Zinober, Peter) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Taso Duval, Toptal, LLC. (Zinober, Peter) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Breanden Beneschott. (Estevez, Anne) |
| Filing 8 INTERESTED PERSONS ORDER as to Toptal, LLC and Taso Duval. Certificate of interested persons and corporate disclosure statement due by 10/1/2019. Signed by All Divisional Judges on 9/17/2019. (drn) |
| Filing 7 Defendants' ANSWER and affirmative defenses to #5 Complaint , COUNTERCLAIM by Toptal, LLC against Breanden Beneschott by Taso Duval, Toptal, LLC.(Zinober, Peter) |
| Filing 6 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 9/11/2019. (drn) |
| Filing 4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/24/2019. Signed by All Divisional Judges on 9/10/2019. (WRW) |
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/24/2019. Signed by Judge John E. Steele on 9/10/2019. (WRW)
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| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:19-cv-662-FtM-29NPM. (SJB) |
| Filing 5 COMPLAINT against Taso Duval, Toptal, LLC with Jury Demand filed by Breanden Beneschott in State Court on 7/5/19.(drn) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court for the Twentieth Judicial Circuit, in and for Collier County, Florida, case number 11-2019-CA-002689 filed in State Court on July 5, 2019. Filing fee $ 400, receipt number 113A-15897543 filed by Taso Duval, TOPTAL, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 State Court COMPLAINT, #5 State Court Docket Sheet, #6 Civil Cover Sheet)(Zinober, Peter) |
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