Duran v. Joekel et al
| Reynaldo Duran |
| Kenneth Joekel, Marc Plotkin, Pacesetter Personnel Service, Inc., Pacesetter Personnel Service of Florida, Inc., Florida Staffing Service, Inc. and Tampa Service Company, Inc. A Florida profit corporation doing business as Pacesetter doing business as Pacesetter Personnel doing business as Pacesetter Personnel Service doing business as Pacesetter Personnel Services doing business as Pacesetter P |
| 2:2023cv00558 |
| July 26, 2023 |
| US District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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Filing 30
TEXT ORDER. Rule 26 discovery and disclosures are stayed pending the court's ruling on defendants' motions to dismiss (Docs. 11, 12). A scheduling conference will be set by separate notice if necessary following disposition of the pending motions. Signed by Magistrate Judge Nicholas P. Mizell on 9/21/2023. (JMM)
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Filing 29
RESPONSE in Opposition re #11 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law filed by Reynaldo Duran. (Attachments: #1 Exhibit 1 - DE 661, #2 Exhibit 2 - DE 601 and 677, #3 Exhibit 3 - DE 256 and 499, #4 Exhibit 4 - DE 291, #5 Exhibit 5 - DE 688, #6 Exhibit 6 - DE 680, #7 Exhibit 7 - DE 687)(Frisch, Andrew)
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Filing 28
Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 27 ORAL Motion for Extension of Time to File Interested Persons Disclosure; PRELIMINARY PRETRIAL CONFERENCE held on 9/21/2023. (DIGITAL) (WRW)
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Filing 27
ORAL MOTION for Extension of Time to File Interested Persons Disclosure. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 26
CASE MANAGEMENT REPORT. (Frisch, Andrew)
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Filing 25
ENDORSED ORDER granting #24 plaintiff's unopposed motion to withdraw counsel. The clerk is directed to remove attorney Dion Cassata as counsel of record for plaintiff and discontinue sending Cassata electronic notifications. Attorney Cassata shall have no further responsibility in this case. Signed by Magistrate Judge Nicholas P. Mizell on 9/20/2023. (JMM)
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Filing 24
MOTION for Dion J. Cassata to Withdraw as Attorney by Reynaldo Duran. (Cassata, Dion) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 23
CASE MANAGEMENT REPORT. (Frisch, Andrew)
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Filing 22
NOTICE of Lead Counsel Designation by Andrew Ross Frisch on behalf of Reynaldo Duran. Lead Counsel: Andrew R. Frisch. (Frisch, Andrew)
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Filing 21
NOTICE TO COUNSEL Andrew Ross Frisch and Dion Cassata 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). (AJS)
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Filing 20
RESPONSE in Opposition re #12 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law filed by Reynaldo Duran. (Attachments: #1 Exhibit 1 - DE 661, #2 Exhibit 2 - DE 601 and 677, #3 Exhibit 3 - DE 256 and 499, #4 Exhibit 4 - DE 291, #5 Exhibit 5 - DE 688, #6 Exhibit 6 - DE 680, #7 Exhibit 7 - DE 687, #8 Exhibit 8 - DE 688)(Frisch, Andrew) Modified on 9/14/2023 to edit docket text (AJS).
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Filing 19
MEMORANDUM in opposition re #12 Motion to Dismiss / Lack of Jurisdiction filed by Reynaldo Duran. (Frisch, Andrew)
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Filing 18
ENDORSED ORDER granting #17 defendants' motion for extension of time. By September 18, 2023, the parties must jointly file a case management report. Signed by Magistrate Judge Nicholas P. Mizell on 9/12/2023. (JMM)
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Filing 17
MOTION to Continue re Uniform Case Management Report by Florida Staffing Service, Inc., Kenneth Joekel, Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Marc Plotkin, Tampa Service Company, Inc. (Tomassi, Ronald) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 16
ENDORSED ORDER granting #15 plaintiff's unopposed motion for extension of time to respond. By September 13, 2023, plaintiff must respond to the motions to dismiss (Docs. #11, #12). Signed by Magistrate Judge Nicholas P. Mizell on 8/31/2023. (JMM)
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Filing 15
Second MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law, #12 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law Unopposed by Reynaldo Duran. (Frisch, Andrew) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 14
ENDORSED ORDER granting #13 plaintiff's unopposed motion for extension of time to respond. By August 30, 2023, plaintiff must respond to the motions to dismiss (Docs. #11, #12). Signed by Magistrate Judge Nicholas P. Mizell on 8/17/2023. (JMM)
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Filing 13
Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law, #12 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law by Reynaldo Duran. (Frisch, Andrew) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 12
MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law by Kenneth Joekel, Marc Plotkin. (Attachments: #1 Exhibit A - Affidavit of Kenneth Joekel, #2 Exhibit A - Affidavit of Marc Plotkin)(Tomassi, Ronald) Modified text on 8/3/2023 (BD).
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Filing 11
MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law by Florida Staffing Service, Inc., Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Tampa Service Company, Inc. (Attachments: #1 Exhibit A - Villarino 1 Complaint, #2 Exhibit B - Joseph Complaint, #3 Exhibit C - Appellants' Corrected Initial Brief, #4 Exhibit D - Duran Complaint, #5 Exhibit E - Villarino 2 Complaint)(Tomassi, Ronald) Modified text on 8/3/2023 (BD).
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Filing 10
AMENDED CERTIFICATE of interested persons and corporate disclosure statement by Florida Staffing Service, Inc., Kenneth Joekel, Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Marc Plotkin, Tampa Service Company, Inc. (Tomassi, Ronald) Modified text on 8/3/2023 (BD).
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Filing 9
NOTICE of Lead Counsel Designation by Ronald J. Tomassi, Jr on behalf of Florida Staffing Service, Inc., Kenneth Joekel, Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Marc Plotkin, Tampa Service Company, Inc.. Lead Counsel: Ronald J. Tomassi, Jr.. (Tomassi, Ronald)
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Filing 8
NOTICE of hearing: Preliminary Pretrial Conference set for 9/21/2023 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 9/14/2023. 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: 23558. 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 7
State Court COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs. Twentieth Judicial Circuit Court in and for Lee County, Florida, case number 23-CA-005129 filed in State Court on March 26, 2023. (MCB) Modified on 7/28/2023 to edit docket text (BCB).
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Filing 6
CIVIL Action Order Signed by All Divisional Judges on 7/28/2023. (WRW)
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Filing 5
NOTICE TO COUNSEL Dion Cassata 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. (Signed by Deputy Clerk). (AET)
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Filing 4
NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-558-JES-NPM. (AET)
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Filing 3
NOTICE of a related action per Local Rule 1.07(c) by Florida Staffing Service, Inc., Kenneth Joekel, Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Marc Plotkin, Tampa Service Company, Inc. Related case(s): Yes (Tomassi, Ronald) Modified text on 7/28/2023 (MCB).
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Filing 2
CORPORATE Disclosure Statement by Florida Staffing Service, Inc., Pacesetter Personnel Service of Florida, Inc., Pacesetter Personnel Service, Inc., Tampa Service Company, Inc. (Tomassi, Ronald) Modified text on 7/28/2023 (MCB).
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit Court in and for Lee County, Florida, case number 23-CA-005129 filed in State Court on March 26, 2023. Filing fee $402, receipt number AFLMDC-21083554 filed by All Defendants. (Attachments: #1 State Court COMPLAINT Ex. A, #2 State Court Docket Sheet Ex. B, #3 State Court Other Documents Ex. C, #4 Exhibit Ex. D, #5 Civil Cover Sheet)(Tomassi, Ronald) Modified text on 7/28/2023 (MCB).
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