Disarro v. EzriCare, LLC et al
| ADAM DISARRO |
| EzriCare, LLC, EzriRx, LLC, Delsam Pharma, LLC, Aru Pharma, Inc. and Amazon.com, Inc. |
| 2:2023cv00230 |
| March 31, 2023 |
| US District Court for the Middle District of Florida |
| Kyle C Dudek |
| John E Steele |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 88
ANSWER to Complaint with Jury Demand by EzriCare, LLC.(Sciortino, Stephanie)
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Filing 87
ANSWER and affirmative defenses to Complaint by Amazon.com, Inc..(Person, Cory)
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Filing 86
OPINION AND ORDER granting #73 Motion to Dismiss Count III; accepting #75 Joinder; denying #74 Motion to Dismiss; terminating #81 Motion for Leave to File Document. Count III is dismissed with prejudice. Signed by Judge John E. Steele on 10/11/2023. (RKR)
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Filing 85
REPLY to Response to Motion re #73 MOTION to Dismiss Second Complaint filed by Amazon.com, Inc.. (Person, Cory)
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Filing 84
ENDORSED ORDER granting #82, #83 Defendant Amazon.com, Inc.'s Unopposed Motions for Leave to File a Reply. Amazon may file a 5-page reply by 10/6/23. Signed by Magistrate Judge Kyle C. Dudek on 9/29/2023. (BLW)
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Filing 83
UNOPPOSED MOTION for Leave to File a reply in response to Plaintiff's opposition to motion to dismiss by Amazon.com, Inc.. (Person, Cory) Motions referred to Magistrate Judge Kyle C. Dudek. (Modified on 10/2/2023 to edit docket text) (JDR).
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Filing 82
UNOPPOSED MOTION for leave to file a reply in response to Plaintiff's Opposition to Motion to Dismiss Second Amended Complaint by Amazon.com, Inc.. (Person, Cory) Motions referred to Magistrate Judge Kyle C. Dudek. (Modified on 10/2/2023 to edit docket text) (JDR).
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Filing 81
UNOPPOSED MOTION for Leave to File a Reply in Response to #74 MOTION to Dismiss Second Amended Complaint filed by Amazon.com, Inc. (Person, Cory) Modified on 9/29/2023 to modify event code. (LD).
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Filing 80
RESPONSE in Opposition re #73 MOTION to Dismiss Second Complaint filed by Adam Disarro. (Harris, Robert)
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Filing 79
RESPONSE in Opposition re #74 MOTION to Dismiss Second Amended Complaint filed by Adam Disarro. (Harris, Robert)
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Filing 78
ENDORSED ORDER granting #77 Motion for Extension of Time to File Response. Given Plaintiff's motion is unopposed, and the Court otherwise finding good cause, the deadline to respond to the pending motions to dismiss (Docs. 72, 74, & 75) is extended to September 22, 2023. Signed by Magistrate Judge Kyle C. Dudek on 9/12/2023. (Dudek, Kyle)
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Filing 77
Unopposed MOTION for Extension of Time to File Response/Reply as to #74 MOTION to Dismiss Second Amended Complaint , #73 MOTION to Dismiss Second Complaint , #75 Joinder in motion by Adam Disarro. (Harris, Robert) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 76
ANSWER and affirmative defenses with Jury Demand to #72 Second Amended Complaint by EzriCare, LLC.(Sciortino, Stephanie) Modified text on 8/24/2023 (JK).
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Filing 75
JOINDER in motion by EzriCare, LLC re #73 MOTION to Dismiss Second Complaint filed by Amazon.com, Inc. (Sciortino, Stephanie)
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Filing 74
MOTION to Dismiss Second Amended Complaint by EzriRx, LLC. (Sciortino, Stephanie) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 73
MOTION to Dismiss Second Complaint by Amazon.com, Inc.(Person, Cory) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 8/24/2023 (JK).
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Filing 72
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Adam Disarro.(Harris, Robert)
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Filing 71
OPINION AND ORDER accepting #23 Notice of Joinder; denying #20 Motion to Dismiss for lack of personal jurisdiction; granting in part as to Counts II and III. and otherwise denying #21 Motion to Dismiss. The Amended Complaint is dismissed without prejudice to filing a Second Amended Complaint to amend any count within 14 days of this Opinion and Order. Signed by Judge John E. Steele on 7/25/2023. (RKR)
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Filing 70
NOTICE of mediation conference/hearing to be held on on or before May 31, 2024 before Rodney A. Max. (Harris, Robert)
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Filing 69
NOTICE of compliance re 62 Notice to Counsel by Amazon.com, Inc. (Person, Cory)
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Filing 68
ENDORSED ORDER granting #67 Joint Motion for Extension of Time to Select a Mediator. The parties may file the notice of agreed mediator by 7/12/23. Signed by Magistrate Judge Kyle C. Dudek on 7/6/2023. (BLW)
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Filing 67
Joint MOTION for Extension of Time to File Notice of Selection of Mediator by Adam Disarro. (Harris, Robert) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 66
REPLY to Response to Motion re #20 MOTION to Dismiss Complaint and Incorporated Memorandum of Law filed by EzriRx, LLC. (Sciortino, Stephanie)
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Filing 65
RESPONSE TO ORDER TO SHOW CAUSE filed by Amazon.com, Inc. (Person, Cory) Modified text on 6/29/2023 (MCB).
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Filing 64
NOTICE of a related action per Local Rule 1.07(c) by Adam Disarro. Related case(s): Yes (Harris, Robert)
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Filing 63
NOTICE of Lead Counsel Designation by Robert Newton Harris on behalf of Adam Disarro. Lead Counsel: Robert Newton Harris, Esq. (Harris, Robert) .
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Filing 62
NOTICE TO COUNSEL Cory J. Person of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District 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). (JK)
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Filing 61
NOTICE of Lead Counsel Designation by Cory J. Person on behalf of Amazon.com, Inc.. Lead Counsel: Cory Person, Esq. (Person, Cory)
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Filing 60
CERTIFICATE of interested persons and corporate disclosure statement by Amazon.com, Inc. (Person, Cory)
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Filing 59
ORDER to show cause why a default should not be entered as to Amazon.com, Inc. Show Cause Response due by 6/30/2023. Signed by Judge John E. Steele on 6/23/2023. (RKR)
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Filing 58
ORDER granting #44 Unopposed Motion to Drop Delsam Pharma LLC; denying as moot #30 Motion to Dismiss; denying as moot #31 Motion to Request Oral Argument. The Clerk shall terminate this defendant on the docket. Signed by Judge John E. Steele on 6/23/2023. (RKR)
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Set/reset deadlines/hearings: Show Cause Response due by 6/30/2023 (JK)
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Set/reset deadlines as to #20 MOTION to Dismiss Complaint and Incorporated Memorandum of Law. Replies due by 6/29/2023. (JK)
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Filing 57
ENDORSED ORDER granting #54 Unopposed Motion for Leave to File a Reply. Defendant EzriRx, LLC may file reply, not to exceed 7 pages, by 6/29/23. Signed by Magistrate Judge Kyle C. Dudek on 6/22/2023. (BLW)
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Filing 56
NOTICE of Appearance by William P. Geraghty on behalf of EzriCare, LLC, EzriRx, LLC (Geraghty, William)
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Filing 55
ENDORSED ORDER denying as moot #53 Motion for Leave to File Reply since Defendant has filed an amended motion seeking the same relief. Signed by Magistrate Judge Kyle C. Dudek on 6/21/2023. (Dudek, Kyle)
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Filing 54
Amended MOTION for Leave to File a Reply Brief in Further Support of its 20 Motion to Dismiss by EzriRx, LLC. (Sciortino, Stephanie) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 6/22/2023 (SEH).
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Filing 53
MOTION for Leave to File a Reply Brief in Further Support of its #20 Motion to Dismiss by EzriRx, LLC. (Sciortino, Stephanie) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 6/22/2023 (SEH).
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Filing 52
ORDER granting #32 Motion for Joinder and EzriCare's motion is construed to include Amazon.com as a moving party; denying #22 Motion to Stay. The case is stayed as to Aru Pharma, Inc. only. No further action will be taken as to this defendant until such time as the Bankruptcy Court lifts the stay or the stay lapses. Signed by Judge John E. Steele on 6/21/2023. (RKR)
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Filing 51
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/30/2023; Joinder of Parties due by 11/30/2023; Discovery due by 5/24/2024; Dispositive motions due by 6/21/2024; Pretrial statement due by 12/6/2024; All other motions due by 12/2/2024; Plaintiff disclosure of expert report due by 2/24/2024; Defendant disclosure of expert report due by 3/25/2024; Final Pretrial Conference set for 12/20/2024 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 1/6/2025 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 5/31/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 6/20/2023. (CGW)
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Filing 49
Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 45 JOINT ORAL Motion for Extension of Time to File designation of lead counsel by 6/27/23; granting 46 Plaintiff's ORAL Motion for Extension of Time to File Notice of Related Action by 6/27/23; granting 47 Amazon's ORAL Motion for Extension of Time to File Corporate Disclosure Statement by 6/27/23; granting 48 JOINT ORAL Motion for Extension of Time to File Notice of Selection of Mediator by 7/5/23; PRELIMINARY PRETRIAL CONFERENCE held on 6/20/2023. (Digital) (CGW)
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Filing 48
JOINT ORAL MOTION for Extension of Time to File Notice of Selection of Mediator by 7/5/23. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 47
ORAL MOTION for Extension of Time to File corporate disclosure statement by 6/27/23 by Amazon.com, Inc.. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 46
ORAL MOTION for Extension of Time to File Notice of Related Action by 6/27/23 by Adam Disarro. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 45
JOINT ORAL MOTION for Extension of Time to File designation of lead counsel by 6/27/23. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 44
RESPONSE to Motion re #30 MOTION to Dismiss Plaintiff's Complaint filed by Adam Disarro. (Harris, Robert) Modified text on 6/16/2023 (SEH).
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Filing 43
RESPONSE in Opposition re #20 MOTION to Dismiss Complaint and Incorporated Memorandum of Law filed by Adam Disarro. (Attachments: #1 Exhibit)(Harris, Robert)
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Filing 42
RESPONSE in Opposition re #21 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by Adam Disarro. (Harris, Robert)
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Filing 41
RESPONSE in Opposition re #22 MOTION to Stay filed by Adam Disarro. (Attachments: #1 Exhibit)(Harris, Robert) Modified text on 6/16/2023 (SEH).
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Filing 40
CASE MANAGEMENT REPORT. (Harris, Robert)
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Filing 39
NOTICE to counsel for Plaintiff, EzriCare, LLC, EzriRx, LLC and Amazon.com, Inc. of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (SEH)
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Filing 38
ENDORSED ORDER granting #36 Motion to Appear Pro Hac Vice, which complies with Local Rule 2.01(c). Unless non-resident attorney Keanna W. Dzialo 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 6/11/2023. (Dudek, Kyle)
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Filing 37
ENDORSED ORDER granting #35 Motion to Appear Pro Hac Vice, which complies with Local Rule 2.01(c). Unless non-resident attorney Jennifer Snyder Heis 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 6/11/2023. (Dudek, Kyle)
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Filing 36
Unopposed MOTION for Keanna W. Dzialo to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20924572 for $150 by Delsam Pharma, LLC. (Gross, Michael) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 35
Unopposed MOTION for Jennifer Snyder Heis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20924053 for $150 by Delsam Pharma, LLC. (Gross, Michael) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 34
ENDORSED ORDER granting #33 Plaintiff's Unopposed Motion for Extension of Time to Respond to Delsam Pharma LLC's motion to dismiss. Given the parties' agreement, and otherwise finding good cause, the deadline for Plaintiff to respond to the motion to dismiss is extended to June 15, 2023. Future filings must comply with the typography requirements of Local Rule 1.08 and cite to the Middle District of Florida Rules, not the Southern District. Signed by Magistrate Judge Kyle C. Dudek on 5/30/2023. (BLW)
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Filing 33
Unopposed MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss Plaintiff's Complaint by Adam Disarro. (Harris, Robert) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 32
MOTION for Joinder to #32 MOTION to Stay by Amazon.com, Inc.. (Person, Cory) Motions referred to Magistrate Judge Kyle C. Dudek. Modified event and text on 5/18/2023 (SEH).
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Filing 31
REQUEST for oral argument re #30 MOTION to Dismiss Plaintiff's Complaint by Delsam Pharma, LLC. (Gross, Michael) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 30
MOTION to Dismiss Plaintiff's Complaint by Delsam Pharma, LLC. (Attachments: #1 Request for Oral Argument)(Gross, Michael) Motions referred to Magistrate Judge Kyle C. Dudek. Modified on 5/11/2023 - counsel notified to refile exhibit only using correct event (SEH).
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Filing 29
DISREGARD - COUNSEL NOTIFIED TO REFILE--STATEMENT of the case for trial by Amazon.com, Inc. (Person, Cory) Modified on 5/11/2023 - counsel notified to refile document using correct event (SEH).
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Filing 28
NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 5/15/2023 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 6/20/2023 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. The Case Management Report is now due by 6/14/2023. Zoom instructions will be sent via separate email to counsel of record.(CGW)
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Filing 27
ENDORSED ORDER granting #26 Motion for Extension of Time. Given the motion is unopposed, and the Court otherwise finding good cause, the deadline to file a case management report will be extended. The new deadline will follow under separate notice. Signed by Magistrate Judge Kyle C. Dudek on 5/10/2023. (Dudek, Kyle)
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Filing 26
Joint MOTION for Extension of Time to File Case Management Report by Adam Disarro. (Harris, Robert) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 5/10/2023 (SEH).
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Filing 25
ENDORSED ORDER granting #24 Motion for Extension of Time. Given Plaintiff's motion is unopposed, and the Court otherwise finding good cause, the deadline to respond to the motions pending at Docs. 20, 21, 22, and 23 is extended to June 15, 2023. Signed by Magistrate Judge Kyle C. Dudek on 5/4/2023. (Dudek, Kyle)
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Filing 24
Unopposed MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss Complaint, #21 MOTION to Dismiss Amended Complaint, #22 MOTION to Stay and #23 Joinder in motion by Adam Disarro. (Harris, Robert) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 5/4/2023 (SEH).
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Filing 23
JOINDER in motion by Amazon.com, Inc. re #21 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by EzriRx, LLC, EzriCare, LLC. (SEH)
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Filing 22
MOTION to Stay and Incorporated Memorandum of Law by EzriCare, LLC. (Attachments: #1 Exhibit A)(Sciortino, Stephanie) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 21
MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by EzriCare, LLC, EzriRx, LLC. (Sciortino, Stephanie) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 20
MOTION to Dismiss Complaint and Incorporated Memorandum of Law by EzriRx, LLC. (Attachments: #1 Exhibit A)(Sciortino, Stephanie) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 19
CERTIFICATE of interested persons and corporate disclosure statement by Adam Disarro. (Harris, Robert)
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Filing 18
ORDER taking no further action re #15 Order as the Court is satisfied as to its subject matter jurisdiction. Signed by Judge John E. Steele on 4/14/2023. (RKR)
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Filing 17
AMENDED COMPLAINT against All Defendants with Jury Demand filed by Adam Disarro. Related document: #7 Complaint filed by Adam Disarro. (Harris, Robert) Modified text on 4/12/2023 (SEH).
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Filing 16
Amended NOTICE of Removal by EzriCare, LLC, EzriRx, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Sciortino, Stephanie) Modified text on 4/11/2023 (SEH).
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Filing 15
ORDER directing defendants to supplement the Notice of Removal within 7 days. Signed by Judge John E. Steele on 4/6/2023. (RKR)
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Filing 14
ENDORSED ORDER granting #12 Defendant's Motion for Extension of Time to Respond to the Complaint. Given the motion is unopposed, and the Court otherwise finding good cause, the deadline for Defendant Delsam Pharma LLC to answer the complaint is extended to May 10, 2023. Future filings must include the complete case number and comply with the typography requirements of Local Rule 1.08. Signed by Magistrate Judge Kyle C. Dudek on 4/5/2023. (BLW)
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Filing 13
CERTIFICATE of interested persons and corporate disclosure statement by Delsam Pharma, LLC. (Gross, Michael)
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Filing 12
Unopposed MOTION for Extension of Time to File Answer re #7 Complaint by Delsam Pharma, LLC. (Gross, Michael) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 11
ENDORSED ORDER granting #10 Motion for Extension of Time. Given the motion is unopposed, and the Court otherwise finding good cause, the deadline for Defendant Amazon to answer the complaint is also extended to April 17, 2023. Signed by Magistrate Judge Kyle C. Dudek on 4/4/2023. (Dudek, Kyle)
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Filing 10
Amended and Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal by Amazon.com, Inc., EzriCare, LLC, EzriRx, LLC. (Sciortino, Stephanie) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 4/5/2023 (SEH).
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Filing 9
NOTICE of Appearance by Cory J. Person on behalf of Amazon.com, Inc. (Person, Cory)
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Filing 8
CIVIL Action Order Signed by All Divisional Judges on 4/3/2023. (SEH)
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Filing 7
COMPLAINT against Amazon.com, Inc., Aru Pharma, Inc., Delsam Pharma, LLC, EzriCare, LLC, EzriRx, LLC with Jury Demand filed by Adam Disarro (Filed in State Court on 02/28/2023).(SEH)
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Filing 6
NOTICE of hearing: Preliminary Pretrial Conference set for 5/15/2023 at 10:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 5/10/2023. Zoom instructions will be sent via separate email to counsel of record. (CGW)
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Filing 5
ENDORSED ORDER granting #2 Motion for Extension of Time for Defendants EzriCare, LLC and EzriRx, LLC to Answer. Given the motion is unopposed, and the Court otherwise finding good cause, the deadline for the above defendants to answer is extended to April 17, 2023. Signed by Magistrate Judge Kyle C. Dudek on 4/2/2023. (Dudek, Kyle)
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Filing 4
NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-00230-JES-KCD. Motion(s) REFERRED: #2 Unopposed MOTION for Extension of Time to File Answer to Complaint. Motion(s) referred to Magistrate Judge Kyle C. Dudek. (ER)
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Filing 3
CORPORATE Disclosure Statement by EzriCare, LLC, EzriRx, LLC. (Sciortino, Stephanie)
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Filing 2
Unopposed MOTION for Extension of Time to File Answer to Complaint by EzriCare, LLC, EzriRx, LLC. (Sciortino, Stephanie)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from Collier County, case number 2023-CA-000338 filed in State Court on 02/28/2023. Filing fee $402, receipt number AFLMDC-20675008 filed by EzriRx, LLC, EzriCare, LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Sciortino, Stephanie)
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