Toptal, LLC v. Beneschott
| Toptal, LLC |
| Breanden Beneschott |
| 2:2025mc00013 |
| November 10, 2025 |
| U.S. District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Other Statutory Actions |
| Motion to Compel |
| None |
Docket Report
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This docket was last retrieved on April 20, 2026. A more recent docket listing may be available from PACER.
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Filing 36
OPINION AND ORDER overruling and denying #34 Motion Objection to and Motion to Set Aside Magistrate Judge's Order Denying Motion to Compel. Signed by Judge John E. Steele on 4/20/2026. (RKR)
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Filing 35
RESPONSE re #34 MOTION for Miscellaneous Relief, specifically Objection To And Motion To Set Aside Magistrate Judge's Order Denying Motion to Compel (ECF No. 31) filed by Breanden Beneschott. (ElHachem, Johnny)
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Filing 34
MOTION for Miscellaneous Relief, specifically Objection To And Motion To Set Aside Magistrate Judge's Order Denying Motion to Compel (ECF No. 31) by Toptal, LLC. (Zinober, Peter) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 33
NOTICE of Appearance by Peter W. Zinober on behalf of Toptal, LLC (Zinober, Peter)
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Filing 32
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). (WLB)
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Filing 31
ORDER denying #1 petitioner Toptal, LLC's motion to compel non-party Breanden Beneschott's compliance with subpoena, and denying as moot #16 Toptal's request for oral argument as to its motion to compel. See order for details. The clerk is DIRECTED to terminate any deadlines and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 2/26/2026. (TLP)
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Filing 30
REPLY to Response to Motion re #1 MOTION to Compel NON-PARTY BREANDEN BENESCHOTT'S COMPLIANCE WITH SUBPOENA filed by Toptal, LLC. (Attachments: #1 Exhibit 25, #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit 28)(Price, Kelley)
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Filing 29
CERTIFICATE of compliance re 26 Notice to Counsel of Local Rule by Toptal, LLC. (Gostel, Joshua)
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Filing 28
Amended NOTICE of Appearance by Joshua Gostel on behalf of Toptal, LLC (Gostel, Joshua) Modified docket text on 12/16/2025 (FLY).
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Filing 27
ENDORSED ORDER granting #24 petitioner's unopposed motion for leave to file reply. By December 17, 2025, petitioner may file its reply, consistent with Local Rule 3.01(e), in further support of its motion to compel (Doc. #1). Signed by Magistrate Judge Nicholas P. Mizell on 12/8/2025. (TLP)
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Filing 26
NOTICE TO COUNSEL Joshua Gostel 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). (MSN)
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Filing 25
NOTICE of Lead Counsel Designation by Joshua Gostel on behalf of Toptal, LLC. Lead Counsel: Kevin M. McDonough. (Gostel, Joshua)
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Filing 24
Unopposed MOTION to Compel for Leave to File Reply in Support of Motion to Compel Breanden Beneschott's Compliance with Subpoena by Toptal, LLC. (Gostel, Joshua) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 12/8/2025 to edit docket text (MSN).
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Filing 23
ORDER granting #21, #22 motions for special admission of attorneys Megan Behrman and Kevin McDonough. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 12/4/2025. (TLP)
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Filing 22
Unopposed MOTION for Kevin McDonough to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24188091 for $150 by Toptal, LLC. (Gostel, Joshua) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 21
Unopposed MOTION for Megan Behrman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24188062 for $150 by Toptal, LLC. (Gostel, Joshua) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 20
NOTICE of Appearance by Joshua Gostel on behalf of Toptal, LLC (Gostel, Joshua)
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Filing 19
RESPONSE in Opposition re #1 MOTION to Compel NON-PARTY BREANDEN BENESCHOTT'S COMPLIANCE WITH SUBPOENA filed by Breanden Beneschott. (Attachments: #1 Exhibit 1-Recommendation for Order on Toptal's MTC, #2 Exhibit 2- Order Confirming Discovery Commissioner Recommendation for Order, #3 Exhibit 3-Ps Response - Letter MOT Discovery, #4 Exhibit 4-Email, #5 Exhibit 5-PUBLIC Declaration of Denis Grosz, #6 Exhibit 6-Declaration of Stephen Warren Esq, #7 Exhibit 7- S.D.N.Y. ORDER)(ElHachem, Johnny)
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Filing 18
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Breanden Beneschott. (ElHachem, Johnny)
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Filing 17
NOTICE of Lead Counsel Designation by Johnny P. ElHachem on behalf of Breanden Beneschott. Lead Counsel: Michael M. Gropper. (ElHachem, Johnny)
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Filing 16
REQUEST for oral argument re #1 MOTION to Compel Non-Party Breanden Beneschott's Compliance With Subpoena by Toptal, LLC. (Price, Kelley) Modified on 12/3/2025 as to docket text (LJC).
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Filing 15
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). (WLB)
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Filing 14
NOTICE TO COUNSEL Kelley Geraghty Price 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). (WLB)
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Filing 13
NOTICE TO COUNSEL Kelley Geraghty Price 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). (WLB)
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Filing 12
ENDORSED ORDER denying without prejudice #7, #8 motions for special admission of attorneys Megan Behrman and Kevin McDonough as the motions do not comply with Local Rule 2.01(c). To ensure compliance with Local Rule 2.01(c), attorneys seeking special admission must use the template motion available on the court's website at flmd.uscourts.gov/form/motion-special-admission. Any renewed motions must be filed by December 5, 2025. Signed by Magistrate Judge Nicholas P. Mizell on 11/26/2025. (TLP)
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Filing 11
ENDORSED ORDER granting #10 respondent's construed unopposed motion for extension of time to respond. By December 3, 2025, respondent must respond to petitioner's motion to compel (Doc. #1). Counsel are reminded that proposed orders are not permitted without leave of court. M.D. Fla. R. 3.01(k). Signed by Magistrate Judge Nicholas P. Mizell on 11/26/2025. (TLP)
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Filing 10
STIPULATION and [Proposed] Order Setting Respondent Breanden Beneschott's Deadline to Respond to Petitioner Toptal, LLC's Motion to Compel Compliance with Subpoena by Breanden Beneschott, Toptal, LLC. (Price, Kelley) Modified on 11/26/2025 (TLP).
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Filing 9
NOTICE of compliance re 6 by Toptal, LLC (Price, Kelley) Modified on 11/26/2025 to edit docket text. (WLB).
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Filing 8
MOTION for Kevin McDonough to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24160957 for $150 by Toptal, LLC. (Price, Kelley) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 7
MOTION for Megan Behrman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24160704 for $150 by Toptal, LLC. (Price, Kelley) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 6
NOTICE TO COUNSEL Kevin M. McDonough and Megan A. Behrman 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; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details 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). (RLD)
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Filing 5
CIVIL CASE 2:25-cv-1023 transferred to miscellaneous docket. All further proceedings are to be docketed in miscellaneous docket case number 2:25-mc-13-JES-NPM. (AET)
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Filing 4
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by TOPTAL, LLC. (Price, Kelley)
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Filing 3
NOTICE of a related action per Local Rule 1.07(c) by TOPTAL, LLC. Related case(s): Yes (Price, Kelley)
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Filing 2
NOTICE of Appearance by Kelley Geraghty Price on behalf of TOPTAL, LLC (Price, Kelley)
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Filing 1
MOTION to Compel NON-PARTY BREANDEN BENESCHOTT'S COMPLIANCE WITH SUBPOENA by All Plaintiffs. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit July 27, 2020 WhatsApp Messages, #3 Exhibit Nevada Action Subpoena, #4 Exhibit Appendix A, #5 Exhibit October 26, 2023 Collier County Order, #6 Exhibit July 16, 2025 Hearing Transcript, #7 Exhibit November 7, 2023 6th DCA Order, #8 Exhibit Andela Action Subpoena, #9 Exhibit April 22, 2024 Mechanism Ventures Order, #10 Exhibit Beneschott Responses and Objections to Subpoena, #11 Exhibit Beneschott Deposition Transcript Excerpts, #12 Exhibit Nevada Defendants' Supplemental Brief Regarding Punitive Damages, #13 Exhibit April 22, 2024 Grosz Order, #14 Exhibit Beneschott Nevada Action Amended Privilege Log, #15 Exhibit October 18, 2023 Hearing Transcript, #16 Exhibit October 20, 2023 Emergency Motion for Stay, #17 Exhibit October 25, 2023 Emergency Petition, #18 Exhibit October 30, 2023 Motion for Review of Trial Court Order, #19 Exhibit November 6, 2023 Appellate Brief, #20 Exhibit April 17, 2025 6th DCA Order, #21 Exhibit May 5, 2025 6th DCA Mandate, #22 Exhibit August 30, 2025 Collier County Order, #23 Exhibit Beneschott Andela Action Privilege Log, #24 Exhibit June 24, 2025 Opposition and Motion)(Price, Kelley)
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