Rose v. Cellular Touch Wireless, Inc.
Petitioner: William Rose
Respondent: Cellular Touch Wireless, Inc.
Material Witness: KPMG LLP
Intervenor: T-Mobile USA, Inc.
Case Number: 2:2024cv00419
Filed: May 6, 2024
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Nicholas P Mizell
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed Question: Fed Communications Act of 1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2024 Filing 22 Case TRANSFERRED from the Southern District of Florida. Case assigned to District Judge Badalamenti and Magistrate Judge Mizell. New Case Number: 2:24-cv-419-JLB-NPM. (LF)
May 6, 2024 Filing 21 Case transferred in from District of Florida Southern; Case Number 0:23-mc-62400. File received electronically
April 11, 2024 Opinion or Order Filing 20 ORDER ADOPTING REPORT OF MAGISTRATE JUDGE. ORDER granting #7 Motion to Intervene ; Adopting #19 Report and Recommendations on #7 Motion to Intervene, filed by T-Mobile USA, Inc., #19 Report and Recommendations. Signed by Senior Judge James I. Cohn on 4/10/2024. See attached document for full details. (amb) [Transferred from flsd on 5/6/2024.]
April 10, 2024 Civil Case Terminated per DE #20 Order. Closing Case. (amb) [Transferred from flsd on 5/6/2024.]
March 26, 2024 Opinion or Order Filing 19 REPORT AND RECOMMENDATION that the Court DEFER ruling on #1 Plaintiff's Motion to Compel Compliance with Non-Party Subpoena Served upon KPMG, LLP; GRANT #7 Non-Party T-Mobile USA, Inc.'s Motion to Intervene to Transfer Motion to Compel, Quash Subpoena or for Protective Order; and TRANSFER the matter to the Middle District of Florida. Objections to R&R due by 4/9/2024. Signed by Magistrate Judge Alicia O. Valle on 3/26/2024. See attached document for full details. (lbe) [Transferred from flsd on 5/6/2024.]
February 29, 2024 Filing 18 Notice of Supplemental Authority re #7 MOTION to Intervene to Transfer Motion to Compel, Quash Subpoena, or for Protective Order by T-Mobile USA, Inc. (Attachments: #1 Exhibit A -- Supplemental Authority) (Toth, Brian) [Transferred from flsd on 5/6/2024.]
January 30, 2024 Filing 17 REPLY to Response to Motion re #7 MOTION to Intervene to Transfer Motion to Compel, Quash Subpoena, or for Protective Order filed by T-Mobile USA, Inc.. (Attachments: #1 Declaration of Margaret Gembala Nelson, #2 Supplemental Declaration of James H. Moon, #3 Exhibit E to Moon Decl., #4 Exhibit F to Moon Decl.)(Toth, Brian) [Transferred from flsd on 5/6/2024.]
January 30, 2024 Filing 16 Plaintiff's REPLY to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, Plaintiff's Memorandum of Law in Reply to KPMG LLP's Response to Plaintiff's Motion to Compel Compliance with Non-Party Subpoena by William Rose. (Silver, David) [Transferred from flsd on 5/6/2024.]
January 26, 2024 Opinion or Order Filing 15 PAPERLESS ORDER GRANTING #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Accordingly, it is hereby ORDERED AND ADJUDGED that James Moon may appear and participate in this action as co-counsel for Nonparty T-Mobile USA, Inc. Further, the Clerk shall provide electronic notification of all electronic filings to: James Moon at e-mail address: jamesmoon@dwt.com. Signed by Magistrate Judge Alicia O. Valle on 1/26/2024. (sd01) [Transferred from flsd on 5/6/2024.]
January 26, 2024 Opinion or Order Filing 14 PAPERLESS ORDER GRANTING #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Accordingly, it is hereby ORDERED AND ADJUDGED that Margaret Gembala Nelson may appear and participate in this action as co-counsel of KPMG, LLP. Further, the Clerk shall provide electronic notification of all electronic filings to: Margaret Gembala Nelson at email address: mnelson@foley.com. Signed by Magistrate Judge Alicia O. Valle on 1/26/2024. (sd01) [Transferred from flsd on 5/6/2024.]
January 24, 2024 Opinion or Order Filing 13 PAPERLESS ORDER GRANTING #10 Plaintiff's Unopposed Motion to Extend Deadline to File Reply to KPMG, LLP's Opposition to Plaintiff's Motion to Compel Compliance with Non-Party Subpoena. By January 30, 2024, Plaintiff may file a reply to KPMG's Opposition to Plaintiff's Motion to Compel. Signed by Magistrate Judge Alicia O. Valle on 1/24/2024. (sd01) [Transferred from flsd on 5/6/2024.]
January 23, 2024 Filing 12 RESPONSE in Opposition re #7 MOTION to Intervene to Transfer Motion to Compel, Quash Subpoena, or for Protective Order filed by William Rose. Replies due by 1/30/2024. (Attachments: #1 Exhibit A - October 11, 2023 e-mail from counsel for T-Mobile USA, Inc., #2 Exhibit B - Declaration of Eric F. Rosenberg)(Silver, David) [Transferred from flsd on 5/6/2024.]
January 19, 2024 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Report and Recommendation. Motions referred to Judge Alicia O. Valle. Signed by Senior Judge James I. Cohn on 1/18/2024. See attached document for full details. (pc) [Transferred from flsd on 5/6/2024.]
January 16, 2024 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by William Rose. (Attachments: #1 Text of Proposed Order)(Silver, David) [Transferred from flsd on 5/6/2024.]
January 10, 2024 Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James Moon. Filing Fee $ 200.00 Receipt # AFLSDC-17203710 by T-Mobile USA, Inc.. Responses due by 1/24/2024. (Attachments: #1 Text of Proposed Order)(Toth, Brian) [Transferred from flsd on 5/6/2024.]
January 9, 2024 Filing 8 RESPONSE to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by KPMG, LLP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Lee, Heather) [Transferred from flsd on 5/6/2024.]
January 9, 2024 Filing 7 MOTION to Intervene to Transfer Motion to Compel, Quash Subpoena, or for Protective Order by T-Mobile USA, Inc.. Attorney Brian W. Toth added to party T-Mobile USA, Inc.(pty:intv). (Attachments: #1 Declaration of James H. Moon, #2 Exhibit A to Moon Decl., #3 Exhibit B to Moon Decl., #4 Exhibit C to Moon Decl., #5 Exhibit D to Moon Decl., #6 Declaration of Chris Wallace)(Toth, Brian) [Transferred from flsd on 5/6/2024.]
January 9, 2024 Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Margaret Gembala Nelson. Filing Fee $ 200.00 Receipt # AFLSDC-17198635 by KPMG, LLP. Responses due by 1/23/2024 (Attachments: #1 Certification of Margaret Gembala Nelson, #2 Text of Proposed Order)(Lee, Heather) [Transferred from flsd on 5/6/2024.]
January 9, 2024 Filing 5 NOTICE of Attorney Appearance by Heather Anne Lee on behalf of KPMG, LLP. Attorney Heather Anne Lee added to party KPMG, LLP(pty:mw). (Lee, Heather) [Transferred from flsd on 5/6/2024.]
December 27, 2023 Filing 4 Plaintiff's NOTICE by William Rose Civil Cover Sheet [per Docket Entry No. 3] (Silver, David) [Transferred from flsd on 5/6/2024.]
December 26, 2023 Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (pc) [Transferred from flsd on 5/6/2024.]
December 26, 2023 Filing 2 Judge Assignment to Senior Judge James I. Cohn (pc) [Transferred from flsd on 5/6/2024.]
December 26, 2023 Filing 1 Petition/Motion (Complaint) RE: Subpoena to Enforce from Another District /Compel Compliance with Non-Party Subpoena Served Upon KPMG, LLP. Filing fee $52.00 receipt number AFLSDC-17168872, filed by William Rose. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(Silver, David) [Transferred from flsd on 5/6/2024.]

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Petitioner: William Rose
Represented By: Jason Stuart Miller
Represented By: David Chad Silver
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Respondent: Cellular Touch Wireless, Inc.
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Material witness: KPMG LLP
Represented By: Heather Anne Lee
Represented By: Margaret Gembala Nelson
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Intervenor: T-Mobile USA, Inc.
Represented By: Brian W. Toth
Represented By: James Moon
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