Clark v. Hercules, Inc. et al
| Noel D. Clark, Jr. |
| HERCULES LLC, Hercules, Inc., Ashland Global Holdings, Inc., Blazer Inc., Guillermo Novo, Raymond L. Williams, Steve M. Lucks and Zack Silverman |
| 2:2022cv00229 |
| April 11, 2022 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Mac R McCoy |
| Other Fraud |
| 28 U.S.C. § 1441 Notice of Removal-Fraud |
| None |
Docket Report
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This docket was last retrieved on June 23, 2022. A more recent docket listing may be available from PACER.
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| Filing 48 MOTION to Amend #3 Complaint by Noel D. Clark, Jr. (Attachments: #1 Amended Complaint)(JK) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER: Rule 26(a)(1) Mandatory Initial Disclosures to be exchanged by 8/9/2022; Motions to Add or Join Parties or Amend Pleadings due by 9/9/2022; Plaintiff Disclosure of any Expert Report due by 4/26/2023; Defendant Disclosure of any Expert Report due by 5/26/2023; Rebuttal of Expert Report due by 6/26/2023; Discovery and Motions to Compel Discovery due by 7/26/2023; Conduct Mediation hearing by 8/9/2023 (lead counsel to coordinate dates); Dispositive and Daubert Motions due by 9/26/2023; Final Pretrial Meeting to occur by 1/26/2024; Motions in Limine due by 2/2/2024; Joint Final Pretrial Statement due by 2/9/2024; Final Pretrial Conference set for 2/23/2024 at 09:30 AM before Judge Sheri Polster Chappell; and Jury Trial Term commencing on 3/4/2024 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 6/7/2022. (FN)
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| Filing 45 Minute Entry for In Person Proceedings held before Magistrate Judge Mac R. McCoy: granting 43 Joint Oral Motion by the Parties for Extension of Time to File Notice of Related Action by 6/14/2022; and granting 44 Oral Motion by the Parties for Extension of Time to File Selection of Court Certified Mediator within 14 days. PRELIMINARY PRETRIAL CONFERENCE held on 6/7/2022. (Digital) (FN) |
| Filing 44 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 43 JOINT ORAL MOTION by the Parties for extension of time to file Notice of Related Action by 6/14/2022. (FN) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 42 RESPONSE re 38 Order on Motion, #37 Unilateral Case Management Report, filed by Noel D. Clark, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit A, #5 Second Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Mailing Envelope)(JK) |
| Filing 41 MOTION to Consolidate Cases by Noel D. Clark, Jr. (Attachments: #1 Exhibit, #2 Mailing Envelope)(JK) |
| Filing 40 DISCLOSURE statement by Noel D. Clark, Jr. (Attachments: #1 Mailing Envelope)(JK) |
| Filing 39 MOTION to Consolidate Cases by Noel D. Clark, Jr. (Attachments: #1 Exhibits - Composite, #2 Mailing Envelope)(JK) |
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Filing 38
TEXT ORDER granting #37 Uniform Case Management Report, which the Court construes as a motion for leave to file a unilateral Uniform Case Management Report. Defendants' unilateral Uniform Case Management Report, (Doc. #37), is accepted as filed. Additionally, Plaintiff must file a unilateral Uniform Case Management Report on the approved form no later than 6/3/2022. Any failure to comply with this Order will result in the Court, without further notice, entering a Case Management and Scheduling Order that the Court deems appropriate. Signed by Magistrate Judge Mac R. McCoy on 5/27/2022. (WJF)
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| Filing 37 MOTION and CASE MANAGEMENT REPORT. (Lucks, Steven) Modified to reflect counsel notified of full use of case number on filings and as to docket text and case event per chambers on 5/27/2022 (JK). |
| Filing 36 CERTIFICATE of interested persons and corporate disclosure statement by Noel D. Clark, Jr. (Attachments: #1 Mailing Envelope)(jmc) |
| Filing 35 NOTICE of Partial Withdrawal of Motion by Ashland Global Holdings, Inc., Blazer Inc., Hercules, Inc., Steve M. Lucks, Guillermo Novo, Zack Silverman, Raymond L. Williams re #13 MOTION to Dismiss Plaintiff's Complaint (Lucks, Steven) Modified as to docket text on 5/26/2022 (JK). |
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Filing 34
TEXT ORDER granting #33 Mutually Agreed Second Motion and Memorandum of Law for Enlargement of Time for the Plaintiff to File a Response in Opposition to Defendants [sic] Motion to Dismiss. The Court finds good cause to grant a twenty (20) day extension of time by which Plaintiff must respond to Defendants' Motion to Dismiss Plaintiff's Complaint, (Doc. #13). Thus, Plaintiff must respond to Defendants' Motion to Dismiss Plaintiff's Complaint, (Doc. #13), no later than 6/15/2022. Plaintiff is hereby warned that the Court is not inclined to grant a further extension of this deadline absent a showing of necessity. Signed by Magistrate Judge Mac R. McCoy on 5/25/2022. (WJF)
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| Filing 33 SECOND MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Plaintiff's Complaint by Noel D. Clark, Jr. (Attachments: #1 Mailing Envelope)(JK) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 32
ORDER denying #27 Sworn Motion to Vacate the Order Dated April20 th-2022 [sic] by United States Magistrate Judge Mac McCoy Allowing Steve Lucks and Zac Silverman Special Admission, which the Court construes as a motion for reconsideration. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/13/2022. (WJF)
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Filing 31
TEXT ORDER granting in part and denying in part #30 Motion and Memorandum of Law for Enlargement of Time for the Plaintiff to File a Response in Opposition to Defendants Motion to Dismiss. Due to the nature of the requested relief, the Court finds good cause to rule on the instant motion without awaiting a response from Defendants. Additionally, the Court finds good cause to grant a two week extension of time by which Plaintiff must respond to Defendants' Motion to Dismiss Plaintiff's Complaint, (Doc. #13). Thus, Plaintiff must respond to Defendants' Motion to Dismiss Plaintiff's Complaint, (Doc. #13), no later than 5/27/2022. Plaintiff's motion is denied to the extent that it seeks any additional relief. Signed by Magistrate Judge Mac R. McCoy on 5/13/2022. (WJF)
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| Filing 30 MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Plaintiff's Complaint by Noel D. Clark, Jr. (JK) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 29 MEMORANDUM in opposition re #27 Motion to Vacate, #28 Motion to Strike filed by Ashland Global Holdings, Inc., Blazer Inc., Hercules, Inc., Steve M. Lucks, Guillermo Novo, Zack Silverman, Raymond L. Williams. (Attachments: #1 Declaration of Steven M. Lucks, #2 Exhibit A - Telephone Log, #3 Certification of Service)(Lucks, Steven) |
| Filing 28 MOTION to Strike #13 MOTION to Dismiss Plaintiff's Complaint, #14 Certificate of service by Noel D. Clark, Jr. (Attachments: #1 Exhibit, #2 Mailing Envelope)(JK) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 27 MOTION to Vacate #26 Order on Motion to Appear Pro Hac Vice, #25 Order on Motion to Appear Pro Hac Vice by Noel D. Clark, Jr. (Attachments: #1 Exhibit, #2 Mailing Envelope)(JK) |
| PRO HAC VICE FEES paid by attorney Steven M. Lucks, appearing on behalf of (Filing fee $150 receipt number FTM015790.) Related document: #15 MOTION for Steven M. Lucks to appear pro hac vice . (JK) |
| PRO HAC VICE FEES paid by attorney Zachary W. Silverman, appearing on behalf of (Filing fee $150 receipt number FTM015791.) Related document: #16 MOTION for Zachary W. Silverman to appear pro hac vice. (JK) |
| Special Admission for Non-Resident Attorney Zachary W. Silverman. (Silverman, Zachary) |
| Special Admission for Non-Resident Attorney Steven M. Lucks. (Lucks, Steven) |
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Filing 26
ORDER granting #16 Opposed Motion for Special Admission. 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 Clerk of Court is directed to add Zachary W. Silverman to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Zachary W. Silverman 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 4/20/2022. (WJF)
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Filing 25
ORDER granting #15 Opposed Motion for Special Admission. 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 Clerk of Court is directed to add Steven M. Lucks to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Steven M. Lucks 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 4/20/2022. (WJF)
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| Filing 24 CERTIFICATE of service by Hercules, Inc. re #15 MOTION for Steven M. Lucks to appear pro hac vice, #16 MOTION for Zachary W. Silverman to appear pro hac vice. (Carr, Darol) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Steve M. Lucks. (Carr, Darol) Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement by Zack Silverman. (Carr, Darol) Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by Raymond L. Williams. (Carr, Darol) Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement by Ashland Global Holdings, Inc. (Carr, Darol) Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Blazer Inc. (Carr, Darol) Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement by Guillermo Novo. (Carr, Darol) Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Hercules, Inc. (Carr, Darol) Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 16 MOTION for Zachary W. Silverman to appear pro hac vice by Zack Silverman. (Carr, Darol) Motions referred to Magistrate Judge Mac R. McCoy. Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 15 MOTION for Steven M. Lucks to appear pro hac vice by Steve M. Lucks. (Carr, Darol) Motions referred to Magistrate Judge Mac R. McCoy. Modified to reflect counsel notified of full use of case number on filings on 4/20/2022 (JK). |
| Filing 14 CERTIFICATE of service by Hercules, Inc. re #13 MOTION to Dismiss Plaintiff's Complaint. (Carr, Darol) |
| Filing 13 AMENDED MOTION to Dismiss Plaintiff's Complaint re: #12 by Hercules, Inc. (Attachments: #1 Affidavit Declaration of Steven M. Lucks in support of Defendants' Motion to Dismiss, #2 Affidavit Declaration of Zachary W. Silverman in support of Defendants' Motion to Dismiss)(Carr, Darol) Modified as to docket text and entry relationship on 4/19/2022 (JK). |
| Filing 12 MOTION to Dismiss Plaintiff's Complaint by Hercules, Inc. (Attachments: #1 Affidavit Declaration of Steven M. Lucks in support of Defendants' Motion to Dismiss, #2 Affidavit Declaration of Zachary W. Silverman in support of Defendants' Motion to Dismiss)(Carr, Darol) Modified to reflect motion's main document incomplete on 4/19/2022 (JK). |
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Filing 11
ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 4/15/2022. (FN)
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| Filing 10 NOTICE of Hearing: Preliminary Pretrial Conference set for 6/7/2022 at 10:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 5/23/2022. 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) |
| Filing 9 NOTICE of Lead Counsel Designation by Darol H. M. Carr on behalf of Hercules, Inc. Lead Counsel: Darol H.M. Carr. (Carr, Darol) |
| Filing 8 NOTICE to counsel Darol H. M. Carr 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) |
| Filing 7 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) |
| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 4/14/2022. (JK) |
| Filing 5 NOTICE of Service of Plaintiff at Changed Address by Hercules, Inc. (Carr, Darol) Modified as to docket text on 4/13/2022 (JK). |
| Filing 4 NOTICE of change of address by Darol H. M. Carr (Carr, Darol) |
| Filing 3 COMPLAINT against All Defendants filed by Noel D. Clark, Jr. Filed in STATE Court on 03/15/2022.(JK) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:22-cv-0229-SPC-MRM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from DeSoto County, case number 22CA126 filed in State Court on 3/15/2022. Filing fee $ 402, receipt number AFLMDC-19446480 filed by Hercules LLC. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 State Court Other Documents Exhibit B, #3 State Court Other Documents Exhibit C, #4 State Court Docket Sheet DeSoto County Docket, #5 Civil Cover Sheet)(Carr, Darol) |
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