Warrington v. Patel et al
Plaintiff: Brad Warrington
Defendant: Rakesh Patel and Rocky Patel Premium Cigars, Inc.
Case Number: 2:2022cv00077
Filed: February 4, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Mac R McCoy
Referring Judge: John E Steele
Nature of Suit: Stockholders Suits
Cause of Action: 28 U.S.C. ยง 1332 Diversity - Stockholders Suits
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2022 Opinion or Order Filing 30 REPLY to Response to Motion re #13 MOTION to Dismiss, Abate, Stay, or Remand filed by Rakesh Patel, Rocky Patel Premium Cigars, Inc. (Figares, Alex)
March 18, 2022 Opinion or Order Filing 29 ENDORSED ORDER granting #28 Unopposed Motion for Leave to File a Reply to Plaintiff's Response in Opposition to Motion to Dismiss. Defendants may file a reply in further support of their motion to dismiss (Doc. #13), of no more than ten (10) pages, no later than 3/25/2022. Signed by Magistrate Judge Mac R. McCoy on 3/18/2022. (WJF)
March 17, 2022 Opinion or Order Filing 28 Unopposed MOTION for Miscellaneous Relief, specifically Leave to File Reply by Rakesh Patel, Rocky Patel Premium Cigars, Inc. (Figares, Alex) Motions referred to Magistrate Judge Mac R. McCoy.
March 16, 2022 Opinion or Order Filing 27 RESPONSE in Opposition re #13 MOTION to Dismiss , Abate, Stay, or Remand filed by Brad Warrington. (Allyn, Taylor)
March 15, 2022 Opinion or Order Filing 26 TEXT ORDER granting in part and denying in part #25 Defendants' Motion to Stay Discovery Pending Ruling on Motion to Dismiss or Remand, or in the Alternative, to Extend the Time to Respond. Due to the nature of the requested relief, the Court finds good cause to rule on the instant motion without awaiting a response from Plaintiff. The Court also finds good cause to grant an extension of the time by which Defendants must respond to Plaintiff's First Set of Interrogatories and Request for Production of Documents by a date certain. Accordingly, Defendants must respond to Plaintiff's First Set of Interrogatories and Request for Production of Documents no later than 4/28/2022. Defendants' motion is denied to the extent that it seeks any additional relief. Moreover, the Court declines to award attorney's fees and costs. Signed by Magistrate Judge Mac R. McCoy on 3/15/2022. (WJF)
March 11, 2022 Opinion or Order Filing 25 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss or Remand, or in the Alternative, to extend the time to Respond by Rakesh Patel, Rocky Patel Premium Cigars, Inc. (Figares, Alex) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 3/11/2022, to edit docket text. (SPB). Modified on 3/15/2022 (jmc).
March 7, 2022 Opinion or Order Filing 23 PROOF of service by Brad Warrington as to Rakesh Patel returned executed on 03/03/22. (Allyn, Taylor) Modified as to docket text on 3/8/2022 (JK).
March 7, 2022 Opinion or Order Filing 22 ORDER granting #14 Defendants' Motion for Leave to File Under Seal. No later than 3/18/2022, Defendants must send or deliver the five exhibits containing confidential financial information related to Patel Cigars to the Clerk's Office in an envelope bearing the caption of the case and stating on the cover that the exhibits are to be filed under seal pursuant to this Order. Defendants must provide a copy of this Order with the sealed exhibits. Additionally, the Clerk of Court is directed to file the exhibits under seal upon receipt. The Clerk of Court is also directed to link the sealed exhibits to Defendants' Motion to Dismiss, Abate, Stay, or Remand, (Doc. #13), on the docket. The Clerk of Court is directed to maintain the exhibits under seal for a period consistent with Local Rule 1.11(f). See Order for details. Signed by Magistrate Judge Mac R. McCoy on 3/7/2022. (WJF)
March 2, 2022 Opinion or Order Filing 21 CERTIFICATE of compliance re #14 MOTION to Seal Certain Exhibits to Motion to Dismiss by Rakesh Patel, Rocky Patel Premium Cigars, Inc. (Figares, Alex)
March 1, 2022 Opinion or Order Filing 20 PROOF of service by Brad Warrington as to Rocky Patel Inc., C/O Farmer & Associates PLLC (Allyn, Taylor) Modified on 3/2/2022 (jmc).
March 1, 2022 Opinion or Order Filing 19 CERTIFICATE of compliance re #13 MOTION to Dismiss, Abate, Stay, or Remand by Rakesh Patel, Rocky Patel Premium Cigars, Inc. (Figares, Alex)
February 25, 2022 Opinion or Order Filing 18 ORDER Governing Telephonic Proceedings. Signed by Magistrate Judge Mac R. McCoy on 2/25/2022. (FN)
February 25, 2022 Opinion or Order Filing 17 ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 2/25/2022. (FN)
February 25, 2022 Opinion or Order Filing 16 NOTICE of Hearing: Telephonic Preliminary Pretrial Conference set for 4/19/2022 at 09:30 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. 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 must jointly file a Case Management Report on the approved form no later than 4/5/2022. 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. (FN)
February 24, 2022 Opinion or Order Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Rakesh Patel, Rocky Patel Premium Cigars, Inc. identifying Corporate Parent Rocky Patel Premium Cigars, Inc. for Rocky Patel Premium Cigars, Inc. (Figares, Alex) Modified on 2/25/2022 (jmc).
February 24, 2022 Opinion or Order Filing 14 MOTION to Seal Certain Exhibits to Motion to Dismiss by All Defendants. (Figares, Alex) Motions referred to Magistrate Judge Mac R. McCoy.
February 24, 2022 Opinion or Order Filing 13 MOTION to Dismiss , Abate, Stay, or Remand by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Figares, Alex)
February 23, 2022 Opinion or Order Filing 12 ORDER granting #10 Unopposed Motion for Special Admission. The Clerk of Court is directed to add Francis Caruso to the service list. Additionally, unless already completed, within fourteen (14) days from the date of this Order, Francis Caruso must (1) send the required fee to the Clerk's Office and (2) complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 2/23/2022. (WJF)
February 21, 2022 Opinion or Order Filing 11 NOTICE of compliance and Lead Counsel Designation by Brad Warrington (Allyn, Taylor)
February 21, 2022 Opinion or Order FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-19256102 for $150 paid. Special Admission for Non-Resident Attorney Francis Caruso. (Allyn, Taylor)
February 18, 2022 Opinion or Order Filing 10 MOTION for Francis Caruso to appear pro hac vice by Brad Warrington. (Allyn, Taylor) Motions referred to Magistrate Judge Mac R. McCoy.
February 9, 2022 Opinion or Order Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Brad Warrington. (Allyn, Taylor)
February 7, 2022 Opinion or Order Filing 8 SUMMONS issued as to Rocky Patel Premium Cigars, Inc. (JK)
February 7, 2022 Opinion or Order Filing 7 SUMMONS issued as to Rakesh Patel. (JK)
February 7, 2022 Opinion or Order Filing 6 NOTICE to counsel Francis Caruso of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. 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). (JK)
February 7, 2022 Opinion or Order Filing 5 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (JK)
February 7, 2022 Opinion or Order Filing 4 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). (JK)
February 7, 2022 Opinion or Order Filing 3 CIVIL Action Order Signed by All Divisional Judges on 2/7/2022. (JK)
February 4, 2022 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Mac R. McCoy. New case number: 2:22-cv-0077-JES-MRM. (SJB)
February 4, 2022 Opinion or Order Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing Fee $402, Receipt# AFLMDC-19199561) filed by Brad Warrington. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons- Rakesh Patel, #3 Proposed Summons- Rocky Patel Premium Cigars, Inc., #4 Exhibits)(Allyn, Taylor) Modified on 2/4/2022 to correct docket text (SJB). Modified as to duplicate docket text on 2/7/2022 (JK).

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Plaintiff: Brad Warrington
Represented By: Taylor Allyn
Represented By: Francis Caruso
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Defendant: Rakesh Patel
Represented By: Alex R. Figares
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Defendant: Rocky Patel Premium Cigars, Inc.
Represented By: Alex R. Figares
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