Roesler v. Future Motion, Inc.
| Kevin Roesler |
| Future Motion, Inc. |
| 2:2022cv00144 |
| March 7, 2022 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Mac R McCoy |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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Filing 61
ENDORSED ORDER. Before the Court is Defendant's Unopposed Motion to Stay Proceedings Pending Transfer and Coordination by the Judicial Panel on Multidistrict Litigation ("JPML"). (Doc. #60). On September 1, 2023, Defendant filed a motion with the JPML under 29 USC 1407 to transfer for coordinated proceedings all related federal cases, including this one. Defendant anticipates the JPML will grant the motion given the number of impacted cases and Plaintiff does not oppose a stay. So the Court GRANTS Defendant's motion (Doc. #60). This case is STAYED. The parties must jointly notify the Court in writing within seven days of the JPML's decision if the JPML declines to transfer this case. Given the stay, the Court DENIES without prejudice Plaintiff's Motion for Summary Judgment (Doc. #53), Plaintiff's Motions in Limine (Doc. #54; Doc. #55), Defendant's Motion in Limine (Doc. #57), and Defendant's Motion for Summary Judgement (Doc. #59). Signed by Judge Sheri Polster Chappell on 9/7/2023. (LAF)
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| Filing 60 Unopposed MOTION to Stay Proceedings Pending Transfer and Coordination Decision by the Judicial Panel on Multidistrict Litigation by Future Motion, Inc.. (Attachments: #1 Exhibit A - Motion to Transfer to MDL)(Holt, Michael) |
| Filing 59 MOTION for Summary Judgment and Incorporated Memorandum of Law by Future Motion, Inc.. (Attachments: #1 Affidavit Declaration of Joel T. Cowells, #2 Affidavit Declaration of Kathleen K. Curtis)(Holt, Michael) |
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Filing 58
ENDORSED ORDER denying Defendant Future Motion, Inc.'s Motion for Summary Judgment and Incorporated Memorandum of Law (Doc. #56) for failure to follow the Court's Case Management and Scheduling Order (Doc. #25). "The statement of material facts must list each material fact alleged not to be disputed in separate, numbered paragraphs." (Doc. 25 at Pg. 4) (emphasis added). Should Defendant wish to refile a motion for summary judgment, it must do so on or before September 1, 2023. Signed by Judge Sheri Polster Chappell on 8/30/2023. (LAF)
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| Filing 57 MOTION In Limine regarding (Daubert) Exclude the Testimony of Plaintiff's Named Experts David Rondinone and Derek King by Future Motion, Inc. (Attachments: #1 Declaration of Joel T. Cowells, #2 Declaration of Kathleen K. Curtis)(Holt, Michael). Modified text on 8/29/2023 (SMG). |
| Filing 56 MOTION for Summary Judgment and Incorporated Memorandum of Law by Future Motion, Inc.. (Attachments: #1 Affidavit Declaration of Joel T. Cowells, #2 Affidavit Declaration of Kathleen K. Curtis)(Holt, Michael) |
| Filing 55 MOTION In Limine by Kevin Roesler. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Affidavit, #5 Appendix)(Goldrosen, Eitan) |
| Filing 54 MOTION In Limine by Kevin Roesler. (Attachments: #1 Exhibit, #2 Affidavit, #3 Appendix)(Goldrosen, Eitan) |
| Filing 53 MOTION for Summary Judgment by Kevin Roesler. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Affidavit, #5 Appendix)(Goldrosen, Eitan) |
| Filing 52 NOTICE of a related action per Local Rule 1.07(c) by Kevin Roesler. Related case(s): Yes (Goldrosen, Eitan) |
| Filing 51 NOTICE of Pendency of Other Actions by Future Motion, Inc. re 49 Order (Holt, Michael) Modified text on 8/18/2023 (BD). |
| Filing 50 Minute Entry. Virtual Proceedings held before Judge Sheri Polster Chappell: STATUS CONFERENCE held on 8/14/2023. Court Reporter: Stacey Raikes (AEH) |
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Filing 49
ENDORSED ORDER. As discussed in today's status conference, the parties must update the Notice of Pendency of Other Actions (Doc. #16) on or before August 18, 2023. The Notice must list all related state and federal cases. Signed by Judge Sheri Polster Chappell on 8/14/2023. (LAF)
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| Filing 48 NOTICE OF RESCHEDULING ZOOM HEARING (AS TO TIME ONLY): The Status Conference hearing previously scheduled to begin at 3:00PM on 8/14/2023 is rescheduled. The Status Conference is now set to begin at 11:00AM on 8/14/2023 before Judge Sheri Polster Chappell and will be conducted via Zoom Video Conference. Participants shall receive instructions for joining the hearing by separate notice. (AEH) |
| Filing 47 NOTICE OF RESCHEDULING ZOOM HEARING: The Status Conference hearing previously scheduled for 8/1/2023 is rescheduled. the Status Conference is now set for 8/14/2023 at 3:00PM before Judge Sheri Polster Chappell and will be conducted via Zoom Video Conference. Parties shall receive instructions to join hearing by separate notice.(AEH) |
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Filing 46
ENDORSED ORDER granting Defendant Future Motion, Inc.'s Unopposed Motion to Continue the Status Conference (Doc. #44). The status conference will be moved to August 14, 2023, at 3:00 p.m. over Zoom Video Conference. A new notice will be issued. Signed by Judge Sheri Polster Chappell on 7/31/2023. (LAF)
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| Filing 45 Amended NOTICE of Lead Counsel Designation by Michael R. Holt on behalf of Future Motion, Inc. Lead Counsel: Kathleen K. Curtis. (Holt, Michael) Modified on 7/31/2023 to edit docket text (AJS). |
| Filing 44 Unopposed MOTION to Continue the Status Conference Hearing by Future Motion, Inc. (Holt, Michael) Motions referred to Magistrate Judge Kyle C. Dudek. Modified on 7/31/2023 to edit docket text (AJS). |
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Filing 43
ENDORSED ORDER granting #42 Unopposed Motion to Withdraw as Pro Hac Attorney. Attorney Scott Rusert will have no further responsibility for this action. The clerk will discontinue sending CM/ECF notices to Rusert and terminate him from the case. Signed by Magistrate Judge Kyle C. Dudek on 7/28/2023. (BLW)
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| Filing 42 Unopposed MOTION for Scott M. Rusert to Withdraw as Attorney by Future Motion, Inc.. (Holt, Michael) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 41
ENDORSED ORDER granting #40 Unopposed Motion for Kathleen K. Curtis to specially appear to represent Defendant, which complies with Local Rule 2.01(c). Unless non-resident attorney Curtis already has CM/ECF filing credentials for the Middle District of Florida, she shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 7/28/2023. (BLW)
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| Filing 40 Unopposed MOTION for Kathleen K. Curtis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21087427 for $150 by Future Motion, Inc.. (Holt, Michael) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 39 DISREGARD ENTRY MADE IN ERROR (AEH). |
| Filing 38 NOTICE OF ZOOM HEARING: a Status Conference is set for 8/1/2023 at 10:00AM before Judge Sheri Polster Chappell and will be conducted via Zoom Video Conference. Participants shall receive instructions for joining the hearing by separate email notice.(AEH) |
| Set/reset deadlines/hearings (as per Doc. #25) (AEH) |
| Filing 37 Joint RESPONSE re 36 Order filed by Kevin Roesler. (Goldrosen, Eitan) (Modified on 7/25/2023 to edit docket text) (JDR). |
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Filing 36
ENDORSED ORDER. The Court ordered mediation to take place by 7/13/2023 (Doc 25). By 7/25/2023 the parties must tell the Court whether mediation occurred and, if so, they must SHOW CAUSE why the results were not reported to the Court as required by the Case Management and Scheduling Order. (Doc. 25). The parties may alternatively discharge this show cause order by reporting the result of mediation. Signed by Magistrate Judge Kyle C. Dudek on 7/21/2023. (AK)
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| Filing 35 NOTICE of Appearance by Eitan Ebrahimi on behalf of Kevin Roesler (Ebrahimi, Eitan) |
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Filing 34
ENDORSED ORDER granting #33 Motion to Withdraw as Attorney. Attorney Branden Weber is hereby terminated and will have no further responsibility for this action. The clerk is directed to discontinue sending CM/ECF notices to Attorney Weber. Signed by Magistrate Judge Kyle C. Dudek on 3/28/2023. (Dudek, Kyle)
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| Filing 33 Unopposed MOTION for Branden Weber to Withdraw as Attorney for Plaintiff by Kevin Roesler. (Weber, Branden) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 32 NOTICE of Appearance by Timothy Michael Morgan on behalf of Kevin Roesler (Morgan, Timothy) |
| Filing 31 Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:22-cv-144-SPC-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. (SMG) |
| Filing 30 JOINT NOTICE OF SELECTION of Michael C. Siboni as mediator by Kevin Roesler and Future Motion, Inc. (Holt, Michael) Modified on, to edit docket filers on 5/25/2022 (SPB). |
| Filing 29 NOTICE of compliance re 28 Notice to Counsel of Local Rule by Future Motion, Inc. (Holt, Michael) |
| Filing 28 NOTICE to counsel Scott M. Rusert Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details 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) |
| Filing 26 NOTICE of a related action per Local Rule 1.07(c) by Future Motion, Inc. Related case(s): Yes (Holt, Michael) |
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Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER: Motions to add or join parties or amend pleadings due by 7/12/2022; Plaintiff disclosure of expert report due by 3/29/2023; Defendant disclosure of expert report due by 5/2/2023; Rebuttal of any expert report due by 5/29/2023; Discovery due by 6/29/2023; Conduct mediation hearing by 7/13/2023 (lead counsel to coordinate dates); Dispositive motions due by 8/29/2023; Final pretrial meeting to occur by 12/29/2023; Motions in limine due by 1/5/2024; Joint final pretrial statement due by 1/12/2024; Final Pretrial Conference set for 1/26/2024 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell; and Jury Trial set for 2/5/2024 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 5/10/2022. (FN) (FN).
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| Filing 24 Minute Entry for Telephonic Proceedings held before Magistrate Judge Mac R. McCoy: granting 22 Oral Motion by Defendant for Extension of Time to File Notice of Related Action by 5/13/2022; and granting 23 Joint Oral Motion for Extension of Time to File selection of Court certified Mediator within 14 days. PRELIMINARY PRETRIAL CONFERENCE held on 5/10/2022. (Digital) (FN) |
| Filing 23 JOINT ORAL MOTION by the Parties for Extension of Time to File selection of Court certified Mediator within 14 days. (FN) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 22 ORAL MOTION by Defendant for Extension of Time to File Notice of Related Action by 5/13/2022. (FN) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 21
ORDER granting #20 Unopposed Motion for Special Admission. The Clerk of Court is directed to add Scott M. Rusert to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Scott M. Rusert must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Scott M. Rusert must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 4/29/2022. (CM)
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| Filing 20 MOTION for Scott M. Rusert to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19519912 for $150 by Future Motion, Inc. (Holt, Michael) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 19 CASE MANAGEMENT REPORT. (Holt, Michael) |
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Filing 18
ENDORSED ORDER. On March 9, 2022, the Court directed Defendant to show cause why this case should not be remanded for lack of subject-matter jurisdiction. (Doc. #5). Based on Defendant's supplement (Doc. #17), the Court is satisfied with jurisdiction and will take no further action on its Order at this time (Doc. #5). Signed by Judge Sheri Polster Chappell on 3/22/2022. (BLW)
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| Filing 17 SUPPLEMENT re #5 Order to show cause, #1 Notice of Removal by Future Motion, Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Exhibit 2.18.22 Email)(Holt, Michael) |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Kevin Roesler. Related case(s): Yes (Weber, Branden) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Kevin Roesler. (Weber, Branden) Modified on 3/16/2022, to edit docket text. (SPB). |
| Filing 14 NOTICE of Lead Counsel Designation by Branden Weber on behalf of Kevin Roesler. Lead Counsel: Branden Weber. (Weber, Branden) |
| Filing 13 POSSIBLE MDL Tag Along case for MDL Case Number Information emailed to MDL Panel on 3/10/2022, including cover letter, copy of complaint, and docket sheet. (Attachments: #1 Docket Sheet, #2 State Filed Complaint) (SPB) |
| Filing 12 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). (SPB) |
| Filing 11 CIVIL Action Order. Signed by All Divisional Judges on 3/10/2022. (SPB) |
| Filing 10 ANSWER and affirmative defenses to #9 Complaint with Jury Demand by Future Motion, Inc. (Filed in State Court on 1/20/2022.)(SPB) |
| Filing 9 COMPLAINT against Future Motion, Inc. with Jury Demand filed by Kevin Roesler. (Filed in State Court on 9/14/2021.)(SPB) |
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Filing 8
ORDER Governing Telephonic Proceedings. Signed by Magistrate Judge Mac R. McCoy on 3/10/2022. (FN)
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Filing 7
ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 3/10/2022. (FN)
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| Filing 6 NOTICE of Hearing: Telephonic Preliminary Pretrial Conference set for 5/10/2022 at 10:00 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 4/25/2022. 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) |
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Filing 5
ORDERED: Defendant must SUPPLEMENT the Notice of Removal (Doc. #1), by March 22, 2022, to SHOW CAUSE why this case should not be remanded for lack of subject-matter jurisdiction. Failure to comply with this Order will result in remand of the case without further notice. Signed by Judge Sheri Polster Chappell on 3/8/2022. (AEH)
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| Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Future Motion, Inc. (Holt, Michael) |
| Filing 3 NOTICE of Lead Counsel Designation by Michael R. Holt on behalf of Future Motion, Inc. Lead Counsel: Michael R. Holt. (Holt, Michael) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:22-cv-0144-SPC-MRM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County Court, case number 21-CA-005046 filed in State Court on 09/14/2021. Filing fee $ 402, receipt number AFLMDC-19308151 filed by Future Motion, Inc.. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 State Court ANSWER Exhibit B, #3 State Court Docket Sheet Exhibit C, #4 State Court Other Documents Exhibit C, #5 Exhibit D, #6 Civil Cover Sheet)(Holt, Michael) |
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