The Doc App, Inc. v. Leafwell, Inc. et al
| The Doc App, Inc. doing business as My Florida Green |
| Leafwell, Inc., Emily Fisher, Cresco Labs, LLC, Plants of Ruskin, LLC doing business as MUV, Carlos Samuel Diaz-Barcelo, M.D., Carlos Diaz-Bareclo, M.D., P.A., Amir Hesam Etemadnia, M.D., All About Medicine LLC, 11220 SE 179th LLC a Florida medical marijuana treatment center doing business as INSA - Cannabis for Real Life, Bill's Nursery, Inc. a Florida medical marijuana treatment center doing business as The Flowery, Curaleaf Florida, LLC a Florida limited liability company and medical marijuana treatment center doing business as Curaleaf (MMTC-2017-0010), Verano Holdings, LLC a Florida limited liability company and medical marijuana treatment center doing business as MV (MMTC-2017- 0010) and Cansortium Florida, LLC a Florida limited liability company and medical marijuana treatment center doing business as Fluent |
| 2:2025cv01231 |
| December 31, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Kevin R Huguelet |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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| Filing 50 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (ARL) |
| Filing 49 Case Reassigned to Magistrate Judge Kevin R. Huguelet. New case number: 2:25-cv-01231-KCD-KRH. Magistrate Judge Douglas N. Frazier no longer assigned to the case. (JNG) |
Filing 48
ORDER granting in part and denying in part #9 Motion to Remand to State Court; denying #14 Motion to Stay; denying #14 Motion for Attorney Fees. The Clerk is DIRECTED to remand this case to state court by transmitting a certified copy of this Order to the Clerk for the Twentieth Judicial Circuit in and for Collier County. The state-court case was previously captioned 25CA002981. Following remand, the Clerk is directed to close the case. Signed by District Judge Kyle C. Dudek on 5/5/2026. (CGW)
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| Filing 47 MOTION to Dismiss all unserved defendants under FRCP4(m) by Leafwell, Inc.. (Lewis, Paul) |
| Filing 46 NOTICE OF RESCHEDULING HEARING: The Rule 16(b) Conference scheduled for 7/8/2026 is rescheduled. New scheduling date and time: Rule 16(b) Conference set for 8/26/2026 at 10:00 AM via Zoom Video Conference before Magistrate Judge Douglas N. Frazier. A case management report to be filed by 8/19/2026. Join ZoomGov Meeting: https://www.zoomgov.com/j/1605881950?pwd=ENmgw1XawjEghhbjgYRm4hdpgRQIzH.1; Meeting ID: 160 588 1950; Passcode: 986526(WRW) |
| Filing 45 NOTICE TO COUNSEL Paul B. Lewis 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. (Signed by Deputy Clerk). (MGB) |
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Filing 44
ENDORSED ORDER granting in part and denying in part #40 Second Time-Sensitive Motion for Extension of Time to File Response to Plaintiff's Complaint. The deadline for Defendant Leafwell, Inc. to file a response to the Complaint is extended to August 7, 2026. The court will reschedule the July 8, 2026 Rule 16 conference and case-management filing deadline by separate notice. Signed by Magistrate Judge Douglas N. Frazier on 4/6/2026. (BRH)
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| Filing 43 NOTICE of change of address by Jody Stafford Fernandez (Stafford Fernandez, Jody) |
| Filing 42 RESPONSE re #41 Notice (Other) filed by The Doc App, Inc. (Castro, Jason) Modified on 4/2/2026 as to docket text (LJC). |
| Filing 41 NOTICE of Expiration of Plaintiff's 90-Day Deadline to Serve Defendants by Leafwell, Inc. (Stafford Fernandez, Jody) Modified text on 4/1/2026 (ABM). |
| Filing 40 Time Sensitive MOTION for Extension of Time to File Answer or Response to Complaint by Leafwell, Inc. (Stafford Fernandez, Jody) Motions referred to Magistrate Judge Douglas N. Frazier. Modified on 3/20/2026 (TDC). |
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Filing 39
ENDORSED ORDER denying #37 Plaintiff's Motion for Leave to File a Reply because the #36 reply exceeds the allowed page limit and is unnecessary. The Court grants #38 Defendant's Motion to Strike. The reply (Doc. #36) is stricken and the Clerk is directed to make a notation on the docket that the reply is stricken. Plaintiff may seek leave to file a reply that is appropriately truncated to the issues presented in the response and complies with Local Rule 3.01(g). Signed by District Judge Kyle C. Dudek on 3/17/2026. (BLW)
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| Filing 38 First MOTION to Strike #37 First MOTION for Leave to File REPLY IN SUPPORT OF MOTION TO REMAND NUNC PRO TUNC , #36 Reply to Response to Motion or (Alternatively) for Leave to File a Sur-Reply by Leafwell, Inc.. (Bergin, Kevin) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 37 First MOTION for Leave to File REPLY IN SUPPORT OF MOTION TO REMAND NUNC PRO TUNC by The Doc App, Inc.. (Castro, Jason) |
| Filing 36 STRICKEN per 39 Order; REPLY to Response to Motion re #23 Motion for Miscellaneous Relief, #9 MOTION to Remand to State Court for Lack of Jurisdiction filed by The Doc App, Inc.. (Attachments: #1 Exhibit Ex A TDA Sun Biz Annual Report 2.10.2026.pdf, #2 Exhibit Ex B TDA Sun Biz Annual Report 2.12.2025.pdf, #3 State Court COMPLAINT Ex C Verified Complaint w. Exhibits _ Dispensaries Doctors partnered with LW (Final Signed 12.24.25).pdf, #4 Exhibit Ex D LW Registration Email.pdf, #5 Exhibit Ex E Leafwell Follow-Up Emails 4 total.pdf, #6 Exhibit Ex F LW Docs related to Fort Lauderdale Oct 21-22.pdf, #7 Exhibit Ex G LW Docs related to Miami Oct 17-18.pdf, #8 Exhibit Ex H LW Docs related to Orlando Oct 24.pdf, #9 Exhibit Ex I LW Docs related to South Beach Oct 25.pdf, #10 Exhibit Ex J LW Docs related to Mount Dora Nov 1-2.pdf, #11 Exhibit Ex K LW Article "How a virtual medical cannabis clinic is working on healthcare coverage for THC", #12 Exhibit Ex L LW Sun Biz Annual Report 2.9.2026.pdf, #13 Exhibit Ex M LW Sun Biz Annual Report 2.9.2026.pdf, #14 Exhibit Ex N LW Terms and Condition.pdf, #15 Affidavit Ex O 30-4 DECLARATION OF KEVIN M. BERGIN, ESQ.pdf, #16 Exhibit Ex P 34-2 Rule 64-4.016 History.pdf, #17 Exhibit Ex Q 34-3 Draft Rule 64-4.016.pdf, #18 Affidavit Ex R 30-1 DECLARATION OF ZACH LEVIN, ESQ.pdf, #19 Affidavit Ex S 30-2 DECLARATION OF DR. CARLOS SAMUEL DIAZ-BARCELO.pdf, #20 Affidavit Ex T 30-3 DECLARATION OF DR. AMIR HESAM ETEMADNIA.pdf, #21 Affidavit Ex U 30-4 DECLARATION OF KEVIN M. BERGIN, ESQ.pdf, #22 Exhibit Ex V LW Fall Series Pop-Up Clinics Schedule.pdf, #23 Exhibit Ex W LW September and 4Q PopUp Clinic Marketing Material to MMTC.pdf, #24 Exhibit Ex X LW Standard Contract w. MMTC.pdf, #25 Exhibit Ex Y Leafwell Member Benefits Offer.pdf, #26 Exhibit Ex Z Leafwell Promotional Email Advertising... (Mar. 11, 2026, 1.55 p.m.))(Castro, Jason) Modified on 3/17/2026 to edit docket text (JDR). |
| Filing 35 RESPONSE in Opposition re #33 Notice to take judicial notice filed by Leafwell, Inc. (Attachments: #1 Affidavit Declaration of Zach Levin, #2 Exhibit A to Levin Declaration)(Stafford Fernandez, Jody) Modified on 2/17/2026 as to docket text (LJC). |
| Filing 34 NOTICE of Certification Regarding Use of Generative Artificial Intelligence Pursuant to Administrative Order No. 26-04 by The Doc App, Inc. (Castro, Jason) Modified docket text on 2/12/2026 (JG). |
| Filing 33 NOTICE to the Courts to take judicial notice regarding #9 MOTION to Remand to State Court by The Doc App, Inc.. (Attachments: #1 Exhibit)(Castro, Jason) |
| Filing 32 NOTICE of Lead Counsel Designation by Jody Stafford Fernandez on behalf of Leafwell, Inc. Lead Counsel: Paul Lewis. (Stafford Fernandez, Jody) Modified text on 2/5/2026 (ABM). |
| Filing 31 NOTICE OF RESCHEDULING HEARING: The Rule 16(b) Conference previously scheduled for 02/18/2026 is rescheduled. New scheduling date and time: Rule 16(b) Conference set for 7/8/2026 at 10:15 AM in Zoom Video Conference before Magistrate Judge Douglas N. Frazier. Case Management Report due by 7/1/2025. Zoom instructions will be provided via separate email to counsel of record.(MLD) |
| Filing 30 RESPONSE in Opposition re #9 MOTION to Remand to State Court filed by Leafwell, Inc. (Attachments: #1 Declaration of Zach Levin, #2 Declaration of Dr. Carlos Diaz-Barcelo, #3 Declaration of Dr. Amir Etemadnia, #4 Declaration of Kevin Bergin, Esq., #5 Exhibit A to Bergin Decl., #6 Exhibit B to Bergin Decl., #7 Exhibit C to Bergin Decl., #8 Exhibit D to Bergin Decl., #9 Exhibit E to Bergin Decl., #10 Exhibit F to Bergin Decl., #11 Exhibit G to Bergin Decl., #12 Exhibit H to Bergin Decl.)(Stafford Fernandez, Jody) |
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Filing 29
ENDORSED ORDER granting #27 Motion for Special Admission for Kevin Bergin to appear specially to represent Defendant Leafwell, Inc. The motion complies with Local Rule 2.01(c). Unless non-resident attorney Bergin already has CM/ECF filing credentials for the Middle District of Florida, he 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 Douglas N. Frazier on 2/3/2026. (BRH)
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Filing 28
ENDORSED ORDER granting #26 Motion for Special Admission for Paul B. Lewis to Appear to appear specially to represent Defendant Leafwell, Inc. The motion complies with Local Rule 2.01(c). Unless non-resident attorney Lewis already has CM/ECF filing credentials for the Middle District of Florida, he 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 Douglas N. Frazier on 2/3/2026. (BRH)
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| Filing 27 MOTION for Kevin Bergin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24413184 for $150 by Leafwell, Inc.. (Stafford Fernandez, Jody) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 26 MOTION for Paul B. Lewis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24413159 for $150 by Leafwell, Inc.. (Stafford Fernandez, Jody) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 25 NOTICE TO ALL COUNSEL 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) (AR) |
| Filing 24 NOTICE TO COUNSEL Paul B. Lewis and Kevin Michael Bergin Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; 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) (AR) |
| Filing 23 Plaintiff's Request for Judicial Notice re #14 Time Sensitive MOTION to Stay Pursuant to Fed. R. Civ. P. 41(d)(2) MOTION for Attorney Fees Pursuant to Fed. R. Civ. P. 41(d)(1), #9 MOTION to Remand to State Court PROVIDING THE FULL TEXT OF THE EMERGENCY RULE: 64ER25-6 MMTC Advertising and Marketing by The Doc App, Inc. (Attachments: #1 Exhibit EXHIBIT A - THE FULL TEXT OF THE EMERGENCY RULE IS: 64ER25-6 MMTC Advertising and Marketing, #2 Text of Proposed Order Proposed Order on Request for Judicial Notice)(Castro, Jason) Modified on 1/30/2026 to edit docket text. (AR) Modified on 1/30/2026 (CGW). |
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Filing 22
ENDORSED ORDER granting #21 Time-Sensitive Motion for Extension of Time to File Case Management Report and Motion to Continue Rule 16(b) Conference. The Rule 16(b) conference set on February 18, 2026 is canceled and the deadline to file a case management report will be extended. The Clerk is directed to set a Rule 16(b) conference in July 2026 and reset the deadline to file a uniform case management report accordingly. Signed by Magistrate Judge Douglas N. Frazier on 1/28/2026. (BRH)
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| Filing 21 Time Sensitive MOTION to Continue Rule 16(b) Conference, MOTION for Extension of Time to File Case Management Report by Leafwell, Inc. (Stafford Fernandez, Jody) Motions referred to Magistrate Judge Douglas N. Frazier. |
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Filing 20
ENDORSED ORDER granting #15 Motion for Extension of Time to Oppose Plaintiff's Motion to Remand and for Attorney's Fees and Costs, and for Additional Pages in Opposition Brief. The deadline for Defendant Leafwell, Inc. to respond to the Motion to Remand is extended to February 3, 2026. The response may not exceed 25 pages in length. Signed by Magistrate Judge Douglas N. Frazier on 1/15/2026. (BRH)
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| Filing 19 RESPONSE in Opposition re #14 Time Sensitive MOTION to Stay Pursuant to Fed. R. Civ. P. 41(d)(2) MOTION for Attorney Fees Pursuant to Fed. R. Civ. P. 41(d)(1) filed by The Doc App, Inc.. (Castro, Jason) |
| Filing 18 RESPONSE in Opposition re #15 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Remand MOTION to File Excess Pages filed by The Doc App, Inc. (Castro, Jason). |
| Filing 17 NOTICE by The Doc App, Inc. re #11 Notice (Other) Opposition to Leafwell, Inc.'s Motion to Consolidate (Attachments: #1 Exhibit Exhibit A - The Doc App, Inc.'s Opposition to Leafwell, Inc.'s Motion to Consolidate (Castro, Jason). |
| Filing 16 NOTICE by Leafwell, Inc. Regarding Conferral on Its Motion for Extension of Time and for Additional Pages (Attachments: #1 Exhibit A - Email agreement regarding written conferrals)(Stafford Fernandez, Jody). |
| Filing 15 MOTION for Extension of Time to File Response/Reply as to #9 Plaintiff's Motion to Remand, MOTION to File Excess Pages by Leafwell, Inc. (Stafford Fernandez, Jody) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 14 Time Sensitive MOTION to Stay pursuant to Fed. R. Civ. P. 41(d)(2), MOTION for Attorney Fees pursuant to Fed. R. Civ. P. 41(d)(1) by Leafwell, Inc. (Stafford Fernandez, Jody) Motions referred to Magistrate Judge Douglas N. Frazier. |
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Filing 13
ENDORSED ORDER granting in part and denying in part #10 Time-Sensitive Motion for Extension of Time to Respond to Plaintiff's Complaint. The deadline for Defendant Leafwell, Inc. to file a response to the Complaint is extended to April 20, 2026. Signed by Magistrate Judge Douglas N. Frazier on 1/8/2026. (BRH)
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| Filing 12 RESPONSE in Opposition re #10 Time Sensitive MOTION for Extension of Time to File Answer or Response to Complaint The Doc App, Inc. v. Leafwell, Inc., et al. filed by The Doc App, Inc. (Castro, Jason) Modified text on 1/8/2026 (CTR). |
| Filing 11 NOTICE by Leafwell, Inc. Notice of Motion to Consolidate Related Actions (Attachments: #1 Exhibit A - Motion to Consolidate filed in 2:25-cv-01132-JES-DNF)(Stafford Fernandez, Jody) |
| Filing 10 Time Sensitive MOTION for Extension of Time to File Answer or Response to Complaint by Leafwell, Inc. (Stafford Fernandez, Jody) Motions referred to Magistrate Judge Douglas N. Frazier. Division notified. Modified text on 1/7/2026 (CTR). |
| Filing 9 MOTION to Remand to State Court by The Doc App, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Castro, Jason) Motions referred to Magistrate Judge Douglas N. Frazier. Modified text on 1/7/2026 (CTR). |
| Filing 8 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by The Doc App, Inc.. (Castro, Jason) |
| Filing 7 NOTICE of hearing: Rule 16(b) Conference set for 2/18/2026 at 10:30 AM in Zoom Video Conference before Magistrate Judge Douglas N. Frazier. Case Management Report due by 2/11/2026. Zoom instructions will be provided via separate email to counsel of record.(MLD) |
| Filing 6 CIVIL Action Order. Signed by All Divisional Judges on 1/6/2026. (MLD) |
| Filing 4 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Leafwell, Inc. identifying Corporate Parent Arida Holdings, Inc. for Leafwell, Inc... (Stafford Fernandez, Jody) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Leafwell, Inc.. Related case(s): Yes (Stafford Fernandez, Jody) |
| Filing 2 NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Douglas N. Frazier. New case number: 2:25-cv-1231-KCD-DNF. (LAW) |
| Filing 5 COMPLAINT against 11220 SE 179th LLC, All About Medicine LLC, Amir Hesam Etemadnia, M.D., Bill's Nursery, Inc., Cansortium Florida, LLC, Carlos Diaz-Bareclo, M.D., P.A., Carlos Samuel Diaz-Barcelo, M.D., Cresco Labs, LLC, Curaleaf Florida, LLC, Emily Fisher, Leafwell, Inc., Plants of Ruskin, LLC, Verano Holdings, LLC with Jury Demand filed by The Doc App, Inc. Filed in State Court on 12/28/2025.(JTM) (Main Document 5 replaced on 1/2/2026) (JTM). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Circuit Court, case number 11-2025-CA-002981-0001-01 filed in State Court on December 28, 2025. Filing fee $405, receipt number AFLMDC-24283257 filed by Leafwell, Inc. (Attachments: #1 Civil Cover Sheet, #2 State Court COMPLAINT Ex. A - State Court Complaint, #3 State Court Docket Sheet Ex. A-1 - State Court Docket Sheet, #4 State Court Other Documents Ex. A-2 - Other State Court Documents, #5 Exhibit Ex. B - Plaintiff Sunbiz, #6 Exhibit Ex. C - Leafwell Sunbiz, #7 Exhibit Ex. D - Leafwell Delaware Dept of State, #8 Exhibit Ex. E - Levin Declaration, #9 Exhibit Ex. F - Cease and Desist Letters to MMTCs, #10 Exhibit Ex. G - Cease and Desist Letter to Doctor, #11 Exhibit Ex. H - State Court Notice of Removal)(Stafford Fernandez, Jody). |
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| Search for this case: The Doc App, Inc. v. Leafwell, Inc. et al | |
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| Plaintiff: The Doc App, Inc. doing business as My Florida Green | |
| Represented By: | Jason Kenneth Castro |
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| Defendant: Leafwell, Inc. | |
| Represented By: | Jody Stafford Fernandez |
| Represented By: | Kevin Michael Bergin |
| Represented By: | Paul B. Lewis |
| Represented By: | Paul B. Lewis |
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| Defendant: Emily Fisher | |
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| Defendant: Cresco Labs, LLC | |
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| Defendant: Plants of Ruskin, LLC doing business as MUV | |
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| Defendant: Carlos Samuel Diaz-Barcelo, M.D. | |
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| Defendant: Carlos Diaz-Bareclo, M.D., P.A. | |
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| Defendant: Amir Hesam Etemadnia, M.D. | |
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| Defendant: All About Medicine LLC | |
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| Defendant: 11220 SE 179th LLC a Florida medical marijuana treatment center doing business as INSA - Cannabis for Real Life | |
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| Defendant: Bill's Nursery, Inc. a Florida medical marijuana treatment center doing business as The Flowery | |
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| Defendant: Curaleaf Florida, LLC a Florida limited liability company and medical marijuana treatment center doing business as Curaleaf (MMTC-2017-0010) | |
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| Defendant: Verano Holdings, LLC a Florida limited liability company and medical marijuana treatment center doing business as MV (MMTC-2017- 0010) | |
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| Defendant: Cansortium Florida, LLC a Florida limited liability company and medical marijuana treatment center doing business as Fluent | |
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