Free Speech Foundation, Inc. et al v. Gold
| Free Speech Foundation, Inc. d/b/a America's Frontline Doctors, Inc., Joseph Gilbert and Free Speech Foundation, Inc. an Arizona nonprofit corporation doing business as America's Frontline Doctors, Inc. |
| Simone Gold |
| 2:2022cv00714 |
| November 4, 2022 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 34
ORDERED: Defendant Simone Gold's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. #24) is GRANTED. The Complaint (Doc. #1) is DISMISSED without prejudice for lack of subject matter jurisdiction. The Clerk is DIRECTED to terminate any pending deadlines and close the case. Signed by Judge Sheri Polster Chappell on 12/6/2022. (AEH)
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| Filing 33 RESPONSE in Opposition to #7 MOTION for Preliminary Injunction filed by Simone Gold. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Gonzalez, Angelina) Modified text on 12/5/2022 (SEH). |
| Filing 32 CERTIFICATE of interested persons and corporate disclosure statement by Simone Gold. (Gonzalez, Angelina) |
| Filing 31 NOTICE of Lead Counsel Designation by Angelina Maria Gonzalez on behalf of Simone Gold. Lead Counsel: Bradley A. Burns. (Gonzalez, Angelina) |
| Filing 30 NOTICE to counsel Bradley A. Burns and Amanda E. Newman of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. 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). (WRW) |
| Filing 29 MEMORANDUM in Opposition to Defendant Simone Gold's #24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Free Speech Foundation, Inc., Joseph Gilbert. (Attachments: #1 Exhibit A - AFLDS Bylaws Article III and IV, #2 Exhibit B - Joseph Gilbert Declaration, #3 Exhibit C - Sales Contract, #4 Exhibit D - Naples Freedom Headquarters LLC Operating Agreement, #5 Exhibit E - Board Minutes, #6 Exhibit F - Landau Affidavit 11.8.22, #7 Exhibit G - Amy Landau Declaration, #8 Exhibit H - Agreement for Consulting Services, #9 Exhibit I - Email dated 5.22.22, #10 Exhibit J - Declaration of Lauren Bradford)(Lerner, Joshua) Modified on 11/28/2022 (SEH). |
| Filing 28 Amended NOTICE of Lead Counsel Designation by Joshua Dodek Lerner on behalf of Free Speech Foundation, Inc., Joseph Gilbert. Lead Counsel: Kellye Fabian Story. (Lerner, Joshua) Modified text on 11/28/2022 (SEH). |
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Filing 27
ORDERED: Plaintiffs shall respond to Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. #24) on or before noon on November 23, 2022. Defendant shall respond to Plaintiffs' Verified Motion for Restraining Order and Preliminary Injunction (Doc. #7) on or before December 2, 2022. Signed by Judge Sheri Polster Chappell on 11/18/2022. (AEH)
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| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Free Speech Foundation, Inc., Joseph Gilbert. (Lerner, Joshua) |
| Filing 25 REQUEST for Oral Argument on #24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) by Simone Gold. (Gonzalez, Angelina) Modified text on 11/21/2022 (SEH). |
| Filing 24 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) by Simone Gold. (Attachments: #1 Exhibit 1 - Declaration of Dr. Simone Gold, #2 Exhibit 2 -Declaration of George Wentz, #3 Exhibit 3 - Declaration of Lisa Andrzejewski, #4 Exhibit 4 - AFLDS Press Release (Jan. 4, 2022), #5 Exhibit 5 - Warranty Deed for Headquarters House, #6 Exhibit 6 - AFLDS Meeting Minutes Approving Headquarters House Purchase, #7 Exhibit 7 - Operating Agreement (unsigned), #8 Exhibit 8 - Lease of Team House, Exhibit 8 hereto, #9 Exhibit 9 - Lease of Media Studio, Exhibit 9 hereto, #10 Exhibit 10 - Attorney-Client Privileged Email Chain Discussing Headquarters House Purchase (November 23, 2021), to be filed under seal Nevada ruling, #11 Exhibit 11 - Nevada Ruling)(Gonzalez, Angelina) Modified text on 11/21/2022 (SEH). |
| Filing 23 NOTICE of hearing: Preliminary Pretrial Conference set for 1/12/2023 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 12/21/2022. 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: 22714. 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) |
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Filing 22
ORDER granting #19 and #20 unopposed motions for special admission of Kellye F. Story and Sally Wagenmaker. Signed by Magistrate Judge Nicholas P. Mizell on 11/17/2022. (JMM)
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Filing 21
ORDER granting #16 and #17 unopposed motions for special admission of Bradley A. Burns and Amanda E. Newman. Signed by Magistrate Judge Nicholas P. Mizell on 11/17/2022. (JMM)
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| Filing 20 Unopposed MOTION for Sally Wagenmaker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20203493 for $150 by Free Speech Foundation, Inc., Joseph Gilbert. (Lerner, Joshua) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 19 Unopposed MOTION for Kellye Fabian Story to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20203449 for $150 by Free Speech Foundation, Inc., Joseph Gilbert. (Lerner, Joshua) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 18 NOTICE OF RESCHEDULING STATUS CONFERENCE HEARING (AS TO LOCATION ONLY): the Status Conference set for 11/18/2022 at 10:30AM before Judge Sheri Polster Chappell will now be conducted via Zoom Video Conference. Participants shall receive instructions for joining hearing by separate notice.(AEH) |
| Filing 17 Unopposed MOTION for Amanda E. Newman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20196553 for $150 for Special Admission to Practice by Simone Gold. (Gonzalez, Angelina) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 16 Unopposed MOTION for Bradley A. Burns to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20196482 for $150 for Special Admission to Practice by Simone Gold. (Gonzalez, Angelina) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 15 RETURN of service executed on 11/8/22 by Free Speech Foundation, Inc., Joseph Gilbert as to Simone Gold. (Lerner, Joshua) |
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Filing 14
ENDORSED ORDER granting Defendant's Unopposed MOTION to Appear Telephonically at the November 18, 2022 Hearing (Doc. #13). Counsel for both Plaintiffs and Defendant may appear remotely at the November 18th, 2022 Status Conference hearing. The Clerk SHALL renotice the hearing accordingly. Signed by Judge Sheri Polster Chappell on 11/13/2022. (AEH)
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| Filing 13 Unopposed MOTION to Appear Telephonically at the November 18, 2022 Hearing by Simone Gold. (Gonzalez, Angelina) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 11/14/2022 (SEH). |
| Filing 12 NOTICE of Appearance by Angelina Maria Gonzalez on behalf of Simone Gold (Gonzalez, Angelina) |
| Filing 11 PROOF of service by Free Speech Foundation, Inc., Joseph Gilbert (Lerner, Joshua) Modified on 11/14/2022 re: notify counsel (SEH). |
| Filing 10 NOTICE OF STATUS CONFERENCE HEARING: a Status Conference is set for 11/18/2022 at 10:30AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell.(AEH) |
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Filing 9
ORDERED: Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. #7) is DENIED to the extent it seeks a temporary restraining order. The Court RESERVES ruling on a preliminary injunction. The Court ORDERS Plaintiffs to serve the complaint and file either proof of service of the Complaint, or Waiver, on or before Wednesday, November 16, 2022. The Clerk is DIRECTED to set this case for an in-person status conference on November 18, 2022, at 10:30 a.m. to discuss a preliminary injunction hearing. Signed by Judge Sheri Polster Chappell on 11/10/2022. (AEH)
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| Filing 8 NOTICE of Filing Declarations in Support of #7 Verified MOTION for Temporary Restraining Order and Preliminary Injunction by Free Speech Foundation, Inc., Joseph Gilbert (Attachments: #1 Exhibit 1 - Affidavit of Amy Landau, #2 Exhibit 2 - Affidavit of A. Johnston, #3 Exhibit 3 - Declaration of Paula J. Lentz, #4 Exhibit 4 - Affidavit of Jessica Abu-Hijleh, #5 Exhibit 5 - Affidavit of Kristine Lutzo, #6 Exhibit 6 - Letter dated 11.7.22)(Lerner, Joshua) Modified text on 11/10/2022 (SEH). |
| Filing 7 Verified MOTION for Temporary Restraining Order and Preliminary Injunction by Free Speech Foundation, Inc., Joseph Gilbert. (Attachments: #1 Exhibit 1 - EML Gold Board 10.12.22, #2 Exhibit 2 - S. Wagenmaker 10.7.22, #3 Exhibit 3- Notice Wagenmaker 11.1.22, #4 Exhibit 4 - AFLDS Staff 11.1.22, #5 Exhibit 5 - Press Release 11.3.22, #6 Exhibit 6 - Lauren Bradford Suspension 11.3.22, #7 Exhibit 7 - Minutes of Meeting of Board of Directors 2.2.22, #8 Exhibit 8 - Correspondence dated 3.12.22, #9 Exhibit 9 - Dr. Gold's email dated 5.22.22, #10 Exhibit 10 - Correspondence dated 10/31/22, #11 Exhibit 11 - 2022 Annual Report, #12 Exhibit 12 - Email dated 11.4.22, #13 Exhibit 13 - Letter dated 11.3.22, #14 Exhibit 14 - Correspondence dated 11.7.22 to AFLDS Team members, #15 Exhibit 15 - Correspondence to Gilbert 11.7.22, #16 Exhibit 16 - Resignation Letter, #17 Exhibit 17 - Gold's 11.2.22 Letter, #18 Exhibit 18 - Email dated 11.2.22, #19 Text of Proposed Order Temporary Restraining Order and Order Scheduling Hearing on Motion for Preliminary Injunction)(Lerner, Joshua) Modified text on 11/9/2022 (SEH). |
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Filing 6
ORDERED: To the extent Plaintiffs seek a Temporary Restraining Order on their Verified Complaint for Injunctive Relief and Damages (Doc. #1), it is DENIED. To the extent Plaintiffs seek a Preliminary Injunction on their Verified Complaint (Doc. #1), it is DENIED. Signed by Judge Sheri Polster Chappell on 11/8/2022. (AEH)
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| Filing 5 NOTICE of Lead Counsel Designation by Joshua Dodek Lerner on behalf of Free Speech Foundation, Inc., Joseph Gilbert. Lead Counsel: Joshua D. Lerner. (Lerner, Joshua) |
| Filing 4 SUMMONS issued as to Simone Gold. (JK) |
| Filing 3 CIVIL Action Order Signed by All Divisional Judges on 11/7/2022. (JK) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:22-cv-0714-SPC-NPM. (SJB) |
| Filing 1 COMPLAINT for Injunctive Relief and Damages against Simone Gold with Jury Demand (Filing fee $402 receipt number AFLMDC-20168005) filed by Free Speech Foundation, Inc., Joseph Gilbert. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Proposed Summons to Simone Gold, #8 Civil Cover Sheet)(Lerner, Joshua) Modified text on 11/7/2022 (JK). |
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