Celera Telecom Ltd. v. Adolos, LLC et al
| Celera Telecom Ltd. and Logik Communications Pte., Ltd. |
| Mary E. Mooney and Adolos, LLC |
| 2:2020cv00157 |
| March 6, 2020 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Mac R McCoy |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Legal Malpractice |
| Plaintiff |
Docket Report
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| Filing 35 JUDGMENT (Signed by Deputy Clerk). (MLJ) |
Filing 34
ENDORSED ORDER. Before the Court is Plaintiff's Notice of Voluntary Dismissal With Prejudice (Doc. #33) filed on June 26, 2020. Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. The dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, in compliance with Rule 41(a), this action is DISMISSED with prejudice. The Clerk is DIRECTED to enter judgment, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 6/26/2020. (KRH)
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| Filing 33 NOTICE of voluntary dismissal with prejudice by Celera Telecom Ltd. (Foslid, Adam) |
| Filing 32 NOTICE of Status of Discover Dispute re #30 Response in Opposition re #27 Motion to Stay Discovery pending the outcome of #15 Motion to Dismiss by Adolos, LLC (O'Brien, Cullin) |
| Filing 31 RESPONSE re #28 Order to Show Cause filed by Celera Telecom Ltd. (Ross, Ian) |
| Filing 30 RESPONSE in Opposition re #27 Motion to Stay Discovery pending the outcome of #15 Motion to Dismiss filed by Celera Telecom Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ross, Ian) |
| Filing 29 RESPONSE re #28 Order to show cause filed by Adolos, LLC. (Attachments: #1 Exhibit Docket as of 6-8-20 in Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, 2D20-55 (Fla. 2d DCA)], #2 Exhibit Answer Brief of Appellee in Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v.Exclusive Group LLC, 2D20-55 (Fla. 2d DCA), #3 Exhibit January 7, 2020 Order in Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, 2D20-55 (Fla. 2d DCA))(O'Brien, Cullin) |
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Filing 28
ORDERED: Defendants must SHOW CAUSE, in writing not to exceed five (5) pages, addressing ripeness on or before June 10, 2020. Then, Plaintiff must SHOW CAUSE, in writing not to exceed five (5) pages, setting forth its position on or before June 17, 2020. Signed by Judge Sheri Polster Chappell on 6/3/2020. (AEH)
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| Filing 27 Opposed MOTION to Stay Discovery pending the outcome of #15 Motion to Dismiss by All Defendants. (O'Brien, Cullin) |
| Filing 26 NOTICE of compliance re #23 Case Management and Scheduling Order by Adolos, LLC. (O'Brien, Cullin) |
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Filing 25
ENDORSED ORDER granting #24 Defendants' Opposed Motion to Extend the 90-Day Class Certification Motion Deadline Set Forth in Local Rule 4.04(B) [sic]. The Court finds good cause to grant the requested relief without awaiting a response to the motion. Defendants must file any motion for class certification, if appropriate, no later than 90 days after the Court enters an order resolving the pending Motion to Dismiss (Doc. #15). Signed by Magistrate Judge Mac R. McCoy on 5/26/2020. (NM)
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| Filing 24 Opposed MOTION to Extend the 90-day class certification motion deadline set forth in local rule 4.04(B) by All Defendants. (O'Brien, Cullin) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 23
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/31/2020, Discovery due by 7/6/2021, Dispositive motions due by 8/6/2021, All other motions due by 11/5/2021, Plaintiff disclosure of expert report due by 5/6/2021, Defendant disclosure of expert report due by 6/9/2021, Final Pretrial Conference set for 11/19/2021 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 12/6/2021 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 7/20/2021. Lead counsel to coordinate dates. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/19/2020. (jmc)
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| Filing 21 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 5/19/2020. (DIGITAL) (WRW) |
| Filing 20 RESPONSE in Opposition re #15 Motion to Dismiss #11 Amended Complaint and Alternative Motions for a more definite statement and to Strike filed by Celera Telecom Ltd. (Attachments: #1 Exhibit A - Exclusive's Proposed Answer Brief)(Foslid, Adam) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by Adolos, LLC. (O'Brien, Cullin) |
| Filing 18 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Celera Telecom Ltd.. Related case(s): Yes (Foslid, Adam) |
| Filing 17 PRETRIAL AND DISCOVERY PLAN. (Foslid, Adam) |
| Filing 16 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit A - Related Case Notice)(Foslid, Adam) |
| Filing 15 MOTION to Dismiss DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT AND ALTERNATIVE MOTIONS FOR A MORE DEFINITE STATEMENT AND TO STRIKE by Adolos, LLC, Mary E. Mooney. (Attachments: #1 Exhibit Excerpt of Transcript of the July 31, 2019 Proceedings in Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, No. 11-2018-CA-001877-0001-XX (Collier Cnty. FL, Cir. Ct.), 7/31/19 Tr. at 172:11-17, #2 Exhibit Celera's Initial Brief in Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, No. 20-55 (Fla. 2d DCA), #3 Exhibit Celera's Complaint in Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, Case No: 2:18-cv-431-FtM-99CM (M.D. Fla.), #4 Exhibit Celera's Operative Complaint in Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, No. 11-2018-CA-001877-0001-XX (Collier Cnty. FL, Cir. Ct.))(O'Brien, Cullin) |
| Filing 14 PROOF of service by Celera Telecom Ltd. (Perez-Santiago, Jorge) |
| Filing 13 PROOF of service by Celera Telecom Ltd. (Perez-Santiago, Jorge) |
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Filing 12
ENDORSED ORDER denying as moot Defendants' Motion to Dismiss (Doc. #7) because Plaintiff filed an Amended Complaint (Doc. #11). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 4/22/2020. (KRH)
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| Filing 11 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Celera Telecom Ltd.. Related document: #1 Complaint filed by Celera Telecom Ltd.. (Attachments: #1 Exhibit A - Services and Financing Agreement, #2 Exhibit B - Adolos Agreement, #3 Exhibit C - Sample Emails, #4 Exhibit D - Interconnect Agreement)(Foslid, Adam) |
| Filing 10 NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 5/19/2020 at 10:45 AM before Magistrate Judge Mac R. McCoy. All parties to appear by telephone. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587, SECURITY CODE: 20157. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than [5/11/2020]. 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) |
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Filing 9
ENDORSED ORDER granting #8 Plaintiff's Unopposed [sic] Motion for Extension of Time to File Response in Opposition to Defendants' Motion to Dismiss and Alternate Motions for a More Definite Statement and to Strike. Plaintiff must respond to Defendants' Motion (Doc. #7) on or before 4/24/2020. Signed by Magistrate Judge Mac R. McCoy on 4/9/2020. (NM)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response to #7 Motion for Miscellaneous Relief, specifically to Dismiss by Celera Telecom Ltd. (Perez-Santiago, Jorge) |
| Filing 7 MOTION for Miscellaneous Relief, specifically MOTION To Dismiss the Complaint and alternatively for a more definite statement and to strike by All Defendants. (Attachments: #1 Exhibit Exhibit A - Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, Case No: 2:18-cv-431-FtM-99CM, [Dkt. Nos. 7--8] (M.D. Fla. June 29, 2018), #2 Exhibit Exhibit B - Declaration of Mary E. Mooney, With Picture, Video Hyperlinks, and Papers Left on Doorstep, #3 Exhibit Exhibit C - Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, No. 11- 2018-CA-001877-0001-XX (Collier Cnty. FL, Cir. Ct., December 6, 2019) (Order Granting in Part and Denying in Part Motion for Judgment on the Pleadings), #4 Exhibit Exhibit D - Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, No. 11- 2018-CA-001877-0001-XX (Collier Cnty. FL, Cir. Ct., December 6, 2019) (Order Granting Summary Judgment Against Celera), #5 Exhibit Exhibit E - Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, No. 11- 2018-CA-001877-0001-XX (Collier Cnty. FL, Cir. Ct., January 8, 2020) (Transcript Excerpt), #6 Exhibit Exhibit F- Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, No. 11- 2018-CA-001877-0001-XX (Collier Cnty. FL, Cir. Ct., September 27, 2019) (Motion to Disqualify), #7 Exhibit Exhibit G - Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, No. 11- 2018-CA-001877-0001-XX (Collier Cnty. FL, Cir. Ct.) (Order Denying Celera's Motion to Disqualify), #8 Exhibit Exhibit H - Docket Sheet in Celera Telecom Ltd., f/k/a Logik Communications Pte, Ltd., v. Exclusive Group LLC, 2D20-55 (Fla. 2d DCA))(O'Brien, Cullin) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #5 track two notice and corporate disclosure order by Celera Telecom Ltd. identifying Corporate Parent Celera Networks Limited for Celera Telecom Ltd. (Foslid, Adam) |
| Filing 5 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER. Notice of pendency of other actions due by 4/2/2020. Signed by All Divisional Judges on 3/19/2020. (jmc) |
| Filing 4 SUMMONS issued as to Mary E. Mooney. (MLJ) |
| Filing 3 SUMMONS issued as to Adolos, LLC. (MLJ) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:20-cv-157-FtM-38MRM. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-16565274) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Exhibit A - Services and Financing Agreement, #5 Exhibit B - Agreement, #6 Exhibit C - Interconnect Agreement)(Foslid, Adam) |
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