Gaby's Bags, LLC v. Mercari, Inc.
| Gaby's Bags, LLC |
| Mercari, Inc. |
| 2:2019cv00785 |
| October 29, 2019 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Mac R McCoy |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 41 REPLY to Response to Motion re #6 MOTION to dismiss for failure to state a claim and Memorandum in Support filed by Mercari, Inc.. (Whipple, Jacqueline) |
Filing 40
ENDORSED ORDER denying as moot Plaintiff's Motion for Leave to File Reply (Doc. #38) in light of the Court's last order (Doc. 39). Signed by Judge Sheri Polster Chappell on 12/20/2019.(KRH)
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Filing 39
ENDORSED ORDER. Before the Court is Plaintiff's Motion to Strike Defendant's Reply (Doc. #36). Defendant responded in opposition (Doc. #37). Under the Local Rules, the Court may strike a document for exceeding the page limit. Tooker v. Scott, No. 2:15-cv-272-FtM-38CM, 2016 WL 6276910, at *2 (M.D. Fla. Oct. 27, 2016). Defendant's reply brief (Doc. #32) on a motion to dismiss (Doc. #6) incorporates by reference its response (Doc. #29) to a separate motion to dismiss (Doc. #23). In effect, this adds ten pages to the five-page reply, which was only limited to five pages (Doc. 27), violating the Court's Order. See Mobile Shelter Sys. USA, Inc. v. Grate Pallet Sol., LLC, 845 F. Supp. 2d 1241, 1253 (M.D. Fla. 2012). So the Court STRIKES the reply brief (Doc. 32) with leave to refile (without incorporating an entire brief by reference) on or before December 30, 2019. Then, Plaintiff may file its permitted three page reply brief on or before January 3, 2020. Defendant's argument related to Local Rule 3.01(g) is well taken, however. Both parties are reminded the purpose of 3.01(g) "is to require the parties to communicate and resolve certain types of disputes without court intervention." George & Co. v. Cardinal Indus., Inc., No. 2:18-cv-154-FtM-38MRM, 2018 WL 5263450, at *2 (M.D. Fla. Oct. 23, 2018) (citation omitted). A "perfunctory email is insufficient" to confer in good faith to resolve the issues raised in a motion. See id. In the future, the Court expects the parties to confer with one another and resolve their disputes, if possible, without the Court's help. Signed by Judge Sheri Polster Chappell on 12/20/2019.(KRH)
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| Filing 38 MOTION for leave to file Reply to Defendant's Memorandum in Opposition to Plaintiff's Motion to Strike Defendant's Reply by Gaby's Bags, LLC. (Shapiro, Andrew) |
| Filing 37 MEMORANDUM in opposition re #36 Motion to Strike (Defendant's Memorandum in Opposition to Plaintiff's "Motion to Strike Defendant's Reply, to Increase the Page Limit for Plaintiff's Surreply, and to Extend the Time to FIle Plaintiff's Surreply" filed by Mercari, Inc.. (Whipple, Jacqueline) |
| Filing 36 MOTION to Strike #32 Reply to Response to Motion to Dismiss, to Increase the Page Limit for Plaintiff's Surreply, and to Extend the Time to File Plaintiff's Surreply by Gaby's Bags, LLC. (Shapiro, Andrew) |
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Filing 35
ENDORSED ORDER denying Plaintiff's Motion for Leave to File Reply. (Doc. #31). "The purpose of a reply brief is to rebut any new law or facts contained in the oppositions response to a request for relief." Tardif v. People for Ethical Treatment of Animals, No. 2:09-cv-537-FtM-29SPC, 2011 WL 2729145, at *2 (M.D. Fla. July 13, 2011). But parties must also demonstrate good cause. E.g., DiRocco v. Victory Mktg. Agency, LLC, No. 2:15-cv-552-FtM-99CM, 2015 WL 13802200, at *1 (M.D. Fla. Nov. 4, 2015). Much of Plaintiff's argument is an unexplained string cite of cases it did not cite in its moving papers (Doc. #23) that Defendant cited in response (Doc. #29). Without more, the Court rejects that type of "generic and unsubstantiated" argument a response raises new law simply because it cites a different case. See Nationwide Ins. Co. of Am. v. Fla. Realty One, Inc., No. 2:19-cv-563-FtM-38MRM, 2019 WL 5423339, at *2 (M.D. Fla. Oct. 23, 2019). Signed by Judge Sheri Polster Chappell on 12/17/2019. (KRH)
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Filing 34
ENDORSED ORDER denying Plaintiff's Motion for Leave to File Reply. (Doc. #30). "The purpose of a reply brief is to rebut any new law or facts contained in the oppositions response to a request for relief." Tardif v. People for Ethical Treatment of Animals, No. 2:09-cv-537-FtM-29SPC, 2011 WL 2729145, at *2 (M.D. Fla. July 13, 2011). But parties must also demonstrate good cause. E.g., DiRocco v. Victory Mktg. Agency, LLC, No. 2:15-cv-552-FtM-99CM, 2015 WL 13802200, at *1 (M.D. Fla. Nov. 4, 2015). Much of Plaintiff's argument is an unexplained string cite of cases it did not cite in its moving papers (Doc. #24) that Defendant cited in response (Doc. #28). Without more, the Court rejects that type of "generic and unsubstantiated" argument a response raises new law simply because it cites a different case. See Nationwide Ins. Co. of Am. v. Fla. Realty One, Inc., No. 2:19-cv-563-FtM-38MRM, 2019 WL 5423339, at *2 (M.D. Fla. Oct. 23, 2019). Signed by Judge Sheri Polster Chappell on 12/17/2019. (KRH)
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| Filing 33 MEMORANDUM in opposition re #31 Motion for Leave to file Reply to #29 Memorandum and #30 Motion for Leave to file Reply to #28 Memorandum filed by Mercari, Inc.. (Whipple, Jacqueline) Modified on 12/17/2019 as to docket text(MLS). |
| Filing 32 REPLY to Response to Motion re #6 MOTION to dismiss for failure to state a claim and Memorandum in Support filed by Mercari, Inc.. (Whipple, Jacqueline) STRICKEN - Modified on 12/23/2019 per 39 Order(MLS). |
| Filing 31 MOTION for leave to file Reply re #29 MEMORANDUM in opposition to re #23 MOTION to Dismiss by Gaby's Bags, LLC. (Shapiro, Andrew) Modified on 12/13/2019 as to docket text (MLS). |
| Filing 30 MOTION for leave to file Reply to re #28 MEMORANDUM in opposition to re #24 MOTION to Strike Defendant's Affirmative Defenses by Gaby's Bags, LLC. (Shapiro, Andrew) Modified on 12/13/2019 as to docket text (MLS). |
| Filing 29 MEMORANDUM in opposition re #23 Motion to dismiss "Defendant's Counterclaim, Or, In The Alternative, Motion for A More Definite Statement" filed by Mercari, Inc.. (Whipple, Jacqueline) |
| Filing 28 MEMORANDUM in opposition re #24 Motion to Strike Defendant's Affirmative Defenses filed by Mercari, Inc.. (Whipple, Jacqueline) |
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Filing 27
ENDORSED ORDER granting Defendant's Motion for Leave to File Reply brief. (Doc. #25). While the Motion is opposed, the Court finds good cause for a reply brief given the identified issues. But the brief is limited to five (5) pages instead of the ten (10) requested. Thus, Defendant may file a reply brief, not to exceed five (5) pages in length, on or before December 16, 2019. And if Plaintiff desires, it may file a surreply brief, not to exceed three (3) pages in length, on or before December 23, 2019. Signed by Judge Sheri Polster Chappell on 12/9/2019. (KRH)
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| Filing 26 CASE MANAGEMENT REPORT. (Whipple, Jacqueline) |
| Filing 25 MOTION for leave to file Reply to Its Motion to Dismiss, and Memorandum in Support by Mercari, Inc.. (Whipple, Jacqueline) |
| Filing 24 MOTION to Strike #7 Answer to Complaint/Counterclaim by Gaby's Bags, LLC. (Shapiro, Andrew) |
| Filing 23 MOTION to Dismiss re #7 Mercari's Counterclaim by Gaby's Bags, LLC. (Shapiro, Andrew) |
| Filing 22 RESPONSE in Opposition re #6 MOTION to dismiss for failure to state a claim and Memorandum in Support filed by Gaby's Bags, LLC. (Shapiro, Andrew) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Gaby's Bags, LLC. (Shapiro, Andrew) |
| Filing 20 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Gaby's Bags, LLC. Related case(s): no (Shapiro, Andrew) |
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Filing 19
ENDORSED ORDER granting #18 Plaintiff's Unopposed Motion for Extension of Time to File a Response to Defendant's Motion to Dismiss, Notice of Pendency of Other Actions, and Certificate of Interested Persons and Corporate Disclosure Statement. No later than 11/26/2019, Plaintiff must file: (1) a response to Defendant's Motion to Dismiss (Doc. #6); a Notice of Pendency of Other Actions; and (3) a Certificate of Interested Persons and Corporate Disclosure Statement. Signed by Magistrate Judge Mac R. McCoy on 11/18/2019. (McCoy, Mac)
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| Filing 18 Unopposed MOTION for Extension of Time to File a Response to re #6 Defendant's Motion to Dismiss, #8 Notice of Pendency of Other Actions, and #9 Certificate of Interested Persons and Corporate Disclosure Statement by Gaby's Bags, LLC. (Shapiro, Andrew) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Mercari, Inc.. (Irel, Monica) |
| Filing 16 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Mercari, Inc.. Related case(s): No (Irel, Monica) |
| ***PRO HAC VICE FEES paid by attorney Jacqueline M. Whipple, appearing on behalf of Mercari, Inc. (Filing fee $150 receipt number FtM014206.) Related document: #13 MOTION for Jacqueline M. Whipple to appear pro hac vice. (SPB) |
| ***PRO HAC VICE FEES paid by attorney Bety Javidzad, appearing on behalf of Mercari, Inc. (Filing fee $150 receipt number FTM014207.) Related document: #12 MOTION for Bety Javidzad to appear pro hac vice. (SPB) |
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Filing 15
ORDER granting #13 Motion for Admission Pro Hac Vice of Jacqueline M. Whipple and Written Designation and Consent to Act. The Clerk is directed to add Jacqueline M. Whipple to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Jacqueline M. Whipple must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Jacqueline M. Whipple must submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/8/2019. (NM)
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Filing 14
ORDER granting #12 Motion for Admission Pro Hac Vice of Bety Javidzad and Written Designation and Consent to Act. The Clerk is directed to add Bety Javidzad to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Bety Javidzad must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Bety Javidzad must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/8/2019. (NM)
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| Filing 13 MOTION for Jacqueline M. Whipple to appear pro hac vice by Mercari, Inc.. (Irel, Monica) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 12 MOTION for Bety Javidzad to appear pro hac vice by Mercari, Inc.. (Irel, Monica) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 11
ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 11/5/2019. (jmc) (jmc).
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| Filing 10 NOTICE of hearing: Preliminary Pretrial Conference set for 1/7/2020 at 10:15 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 12/30/2019. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) |
| Filing 9 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/19/2019. Signed by All Divisional Judges on 11/5/2019. (jmc) (jmc). |
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Filing 8
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/19/2019. Signed by Judge Sheri Polster Chappell on 11/5/2019. (jmc)
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| Filing 7 ANSWER and affirmative defenses to #4 Complaint with Jury Demand , COUNTERCLAIM against Gaby's Bags, LLC by Mercari, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Irel, Monica) |
| Filing 6 MOTION to dismiss re #4 Complaint for failure to state a claim and Memorandum in Support by Mercari, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Irel, Monica) Modified on 11/5/2019 as to docket text (MLS). |
| Filing 5 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 10/30/2019. (MLS) |
| Filing 4 COMPLAINT against Mercari, Inc. with Jury Demand filed (in State Court 10/3/19) by Gaby's Bags, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(MLS) |
| Filing 3 CORPORATE Disclosure Statement by Mercari, Inc.. (Irel, Monica) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:19-cv-785-FtM-38MRM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court for 20th Judicial Circuit in and for Lee County, Florida, case number 19-CA-006518 filed in State Court on October 3, 2019. Filing fee $ 400, receipt number 113A-16084279 filed by Mercari, Inc.. (Attachments: #1 State Court COMPLAINT, #2 Exhibit, #3 State Court Other Documents, #4 State Court Docket Sheet, #5 Civil Cover Sheet)(Irel, Monica) |
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| Defendant: Mercari, Inc. | |
| Represented By: | Monica L. Irel |
| Represented By: | Jacqueline M. Whipple |
| Represented By: | Bety Javidzad |
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| Plaintiff: Gaby's Bags, LLC | |
| Represented By: | Andrew Mikel Shapiro |
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