Benstine v. Lumen Technologies, Inc. f/k/a CenturyLink, Inc.
Plaintiff: Peggy Benstine
Defendant: Lumen Technologies, Inc. and Centurylink, Inc.
Case Number: 2:2021cv00275
Filed: March 31, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Nicholas P Mizell
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 21, 2021 Filing 26 NOTICE canceling Preliminary Pretrial Conference hearing scheduled for 5/27/2021 (WRW)
May 21, 2021 Opinion or Order Filing 25 ORDER. The Clerk is DIRECTED to terminate any pending deadlines and motions and close the file. See Order for details. Signed by Judge John L. Badalamenti on 5/21/2021. (NM)
May 20, 2021 Filing 24 NOTICE of voluntary dismissal by Peggy Benstine (Shamis, Andrew)
May 14, 2021 Opinion or Order Filing 23 ENDORSED ORDER granting #22 Motion for Leave to File Reply. By May 21, 2021, Defendant may file a reply of no more than three pages in support of its Motion to Transfer (Doc. #15). Signed by Magistrate Judge Nicholas P. Mizell on 5/14/2021. (brh)
May 13, 2021 Filing 22 MOTION for Miscellaneous Relief, specifically for Leave to File Reply in Support of Motion to Transfer (Doc. 15) with Incorporated Memorandum of Law by Lumen Technologies, Inc.. (Trehan, Ashley) Motions referred to Magistrate Judge Nicholas P. Mizell.
May 10, 2021 Filing 21 CASE MANAGEMENT REPORT. (Shamis, Andrew)
May 6, 2021 Filing 20 MEMORANDUM in opposition re #15 Motion to Change Venue / Transfer CaseMotion to Stay filed by Peggy Benstine. (Gold, Christopher)
May 4, 2021 Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Peggy Benstine. (Shamis, Andrew)
May 4, 2021 Filing 18 NOTICE of Appearance by Garrett O. Berg on behalf of Peggy Benstine (Berg, Garrett)
April 29, 2021 Filing 17 Unopposed MOTION for Miscellaneous Relief, specifically JUDICIAL NOTICE re #16 MOTION to Dismiss and Incorporated Memorandum of Law by Lumen Technologies, Inc.. (Attachments: #1 Exhibit A - Privacy Policy Eff. 3/7/19-9/13/20, #2 Exhibit B - Privacy Policy Eff. 9/14/20-present)(Trehan, Ashley) Motions referred to Magistrate Judge Nicholas P. Mizell.
April 29, 2021 Filing 16 MOTION to Dismiss for Failure to State a Claim re #6 Complaint and Incorporated Memorandum of Law by Lumen Technologies, Inc.. (Trehan, Ashley)
April 23, 2021 Filing 15 MOTION to Change Venue / Transfer Case , Unopposed MOTION to Stay Pending Ruling with Incorporated Memorandum of Law by Lumen Technologies, Inc.. (Attachments: #1 Exhibit A - Gouachon Declaration, #2 Exhibit B - Bose Complaint)(Trehan, Ashley)
April 21, 2021 Opinion or Order Filing 14 ORDER granting #13 Unopposed Motion for Dana J. Moss to Appear Pro Hac Vice. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 4/21/2021. (brh)
April 21, 2021 Filing 13 MOTION for Dana J. Moss to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18162021 for $150 by Lumen Technologies, Inc.. (Attachments: #1 Exhibit A to PHV Motion)(Maglich, Jordan) Motions referred to Magistrate Judge Nicholas P. Mizell.
April 13, 2021 Filing 12 AMENDED document by Lumen Technologies, Inc.. Amendment to #2 Notice of a Related Action . (Attachments: #1 Exhibit A to Amended Notice)(Maglich, Jordan) Modified on 4/14/2021 to reflect counsel notified as to use of full case number (MLS).
April 7, 2021 Filing 11 NOTICE of Appearance by Christopher Chagas Gold on behalf of Peggy Benstine (Gold, Christopher)
April 2, 2021 Filing 10 CORPORATE Disclosure Statement re #7 Civil Action Order by Lumen Technologies, Inc.. (Maglich, Jordan)
April 2, 2021 Filing 9 NOTICE of hearing: Preliminary Pretrial Conference set for 5/27/2021 at 10:45 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 5/10/2021. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 21275. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
March 31, 2021 Filing 8 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MLS)
March 31, 2021 Filing 7 CIVIL Action Order. Signed by All Divisional Judges on 3/31/2021. (MLS)
March 31, 2021 Filing 6 COMPLAINT against Lumen Technologies, Inc. with Jury Demand filed by Peggy Benstine (in State Court 2/16/21)(MLS)
March 31, 2021 Opinion or Order Filing 5 ENDORSED ORDER granting #3 Unopposed Motion for Extension of Time to Respond to Class Action Complaint. By April 29, 2021, Defendant will file a response to the Complaint. Signed by Magistrate Judge Nicholas P. Mizell on 3/31/2021. (brh)
March 31, 2021 Filing 4 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:21-cv-0275-JLB-NPM. (SJB)
March 31, 2021 Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal of Class Action Complaint by Lumen Technologies, Inc. f/k/a CenturyLink, Inc.. (Maglich, Jordan)
March 31, 2021 Filing 2 NOTICE of a related action per Local Rule 1.07(c) by Lumen Technologies, Inc. f/k/a CenturyLink, Inc.. Related case(s): Yes (Attachments: #1 Exhibit Exhibit A - List of Related Actions)(Maglich, Jordan)
March 31, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL of Class Action Complaint from Twentieth Judicial Circuit, Lee County, case number 20-CA-1041 filed in State Court on 2/16/2021. Filing fee $ 402, receipt number 113A-18066188 filed by Lumen Technologies, Inc. f/k/a CenturyLink, Inc.. (Attachments: #1 Exhibit A - State Court Class Action Complaint, #2 Exhibit B - Return of Service, #3 Exhibit C - State Court file, #4 Exhibit D - Declaration, #5 State Court COMPLAINT, #6 State Court Other Documents, #7 State Court Docket Sheet, #8 Civil Cover Sheet)(Maglich, Jordan)

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Defendant: Lumen Technologies, Inc.
Represented By: Ashley Bruce Trehan
Represented By: Jordan D. Maglich
Represented By: Dana J. Moss
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Defendant: Centurylink, Inc.
Represented By: Ashley Bruce Trehan
Represented By: Jordan D. Maglich
Represented By: Dana J. Moss
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Plaintiff: Peggy Benstine
Represented By: Scott Adam Edelsberg
Represented By: Andrew John Shamis
Represented By: Manuel Santiago Hiraldo
Represented By: Christopher Chagas Gold
Represented By: Garrett O. Berg
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