McNair v. Future Motion, Inc.
| Victor McNair |
| Future Motion, Inc. |
| Michael C. Siboni |
| 3:2022cv00329 |
| March 22, 2022 |
| US District Court for the Middle District of Florida |
| Marcia Morales Howard |
| Laura Lothman Lambert |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
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Filing 53
ORDER granting #52 Stipulated Motion to Stay Proceedings Pending Transfer and Coordination Decision by the Judicial Panel on Multidistrict Litigation. This case is stayed. The Clerk of the Court is directed to administratively close the case. Status report due November 13, 2023, and every 60 days thereafter. Signed by Judge Marcia Morales Howard on 9/14/2023. (JW)
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| Filing 52 MOTION to Stay Proceedings Pending Transfer and Coordination Decision by the Judicial Panel on Multidistrict Litigation by Future Motion, Inc. (Attachments: #1 Exhibit A - Motion to Transfer to MDL)(Holt, Michael) Modified on 9/13/2023 (CTR). |
| Filing 51 NOTICE of mediation conference/hearing to be held on September 21, 2023 at 10:00 a.m. EST before Michael C. Siboni, Esquire. (Jensen, Daniel) |
| Filing 50 NOTICE of Appearance by Daniel C. Jensen on behalf of Victor McNair (Jensen, Daniel) |
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Filing 49
ENDORSED ORDER denying as moot #36 Plaintiff Victor McNair's Notice of Motion to Compel Discovery and for Payment of Expenses Under Federal Rule of Civil Procedure 37(a); the hearing scheduled for March 28, 2023, is cancelled. See #48 Stipulation Withdrawing Plaintiff's Motion to Compel Discovery and for Payment of Expenses under Federal Rule of Civil Procedure 37(a). Signed by Magistrate Judge Laura Lothman Lambert on 3/13/2023. (KAS)
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| Filing 48 STIPULATION re #36 MOTION to Compel defendant to produce paper copies of source code MOTION for Discovery MOTION for Attorney Fees Withdrawal of Motion without prejudice by Victor McNair. (Karger, Aaron) |
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Filing 47
ORDER Setting Hearing on #36 Plaintiff's Motion to Compel. A hearing will be held on March 28, 2023 at 10 a.m. at the United States Courthouse; counsel for both parties shall personally appear. The parties shall meaningfully confer prior to the hearing, making every reasonable effort to resolve or narrow the outstanding issues prior to the hearing considering the principles outlined in this order. If the parties are unable to resolve the issues, they shall file a joint statement on or before March 21, 2023, identifying specifically what remains at issue. SEE ORDER FOR DETAILS.. Signed by Magistrate Judge Laura Lothman Lambert on 3/6/2023. (KAS)
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| Filing 46 NOTICE of Lead Counsel Designation by Aaron Abraham Karger on behalf of Victor McNair. Lead Counsel: Aaron A. Karger. (Karger, Aaron) |
| Filing 45 SEALED DOCUMENT Notice of Filing Declaration of Daniel Wood Under Seal re #43 Order on Motion for Leave to File Under Seal, by Future Motion, Inc. (Attachments: #1 Affidavit Declaration of Daniel Wood)(Holt, Michael). |
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Filing 44
ENDORSED ORDER directing the clerk to remove #41 and doc. 41-1 from the docket, as they were improperly filed under seal. See order, #38 at 5. The clerk shall then connect the properly filed exhibits, docs. 41-2 through 41-6, to plaintiff's pending motion to compel, #36. Counsel shall review the Court's directives in its order, #38, as well as follow all requirements in the Local Rules for the Middle District of Florida regarding the filing of documents under seal. Signed by Magistrate Judge Laura Lothman Lambert on 1/26/2023. (KAS)
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Filing 43
ORDER granting #40 Defendant's Motion to Seal; defendant may file the declaration of Daniel Wood in support of its response in opposition, #39, to plaintiff's motion to compel, #36. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Laura Lothman Lambert on 1/26/2023. (KAS)
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| Filing 42 NOTICE to counsel Jeffrey Weiskopf, Steven T. Halperin, I, Aaron Abraham Karger of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (AET) |
| Filing 41 SEALED MOTION to Compel defendant to produce paper copies of source code re #38 Order on Motion for Leave to File Document, #36 Motion to Compel, Motion for Discovery, Motion for Attorney Fees by Victor McNair (Attachments: # 1 Main Document Memorandum of Law, #2 Affidavit Declaration of Jeffrey Weiskopf, Esq., #3 Exhibit Exhibit 1 - Stipulated Protective Order, #4 Exhibit Exhibit 2 - Emails Part I, #5 Exhibit Exhibit 3 - Emails Part II, #6 Exhibit Exhibit 4 - Letter from Defense Counsel to Plaintiff's Expert)(Karger, Aaron). Modified on 1/27/2023 to remove Main document #40 and attachment 41-1 per Endorsed Court Order 44 (AET). Modified on 1/27/2023 see document #36 Motion to compel for motion pertaining to this entry's attachments (AET). |
| Filing 40 Unopposed MOTION for leave to file DOCUMENT under seal by Future Motion, Inc. (Holt, Michael).Motions referred to Magistrate Judge Laura Lothman Lambert. |
| Filing 39 RESPONSE in Opposition re #36 MOTION to Compel defendant to produce paper copies of source code MOTION for Discovery MOTION for Attorney Fees filed by Future Motion, Inc.. (Attachments: #1 Affidavit Declaration of Kelly Magnus, #2 Affidavit Declaration to be Filed Under Seal)(Holt, Michael) |
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Filing 38
ORDER granting in part #37 Defendant's Motion to Seal. Defendant's motion is granted as to docs. 36-2, 36-3, 36-4, 36-5, and 36-6; the clerk shall remove those documents from the public docket; plaintiff shall then re-file them and at that point, the clerk shall file them under seal. Defendant's motion is denied without prejudice as to docs. #36 and 36-1. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Laura Lothman Lambert on 1/23/2023. (KAS)
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| Filing 37 Unopposed MOTION for Leave to File Other Document :Motion to Seal Plaintiff's Motion to Compel Discovery and its Related Exhibits by Future Motion, Inc.. (Attachments: #1 Affidavit Declaration of Kelly Magnus)(Holt, Michael) |
| Filing 36 MOTION to Compel defendant to produce paper copies of source code , MOTION for Discovery , MOTION for Attorney Fees by Victor McNair. (Attachments: #1 Main Document Memorandum of Law, # 2 Affidavit Declaration of Jeffrey Weiskopf, Esq., # 3 Exhibit Exhibit 1 - Stipulated Protective Order, # 4 Exhibit Exhibit 2 - Emails Part I, # 5 Exhibit Exhibit 3 - Emails Part II, # 6 Exhibit Exhibit 4 - Letter from Defense Counsel to Plaintiff's Expert)(Karger, Aaron) Motions referred to Magistrate Judge Laura Lothman Lambert. Modified on 1/24/2023 PDF's 36-2, 36-3, 36-4, 36-5, and 36-6 removed per Court Order #38 (AET). |
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Filing 35
ORDER granting #33 Plaintiff's Motion to Extend Time. Notice regarding mediator and mediation date due 8/23/2023. Discovery deadline is 9/25/2023. Dispositive and Daubert motions due 11/27/2023. Mediation deadline is 11/27/2023. Final pretrial conference continued to 4/22/2024, at 10:00 a.m. Jury trial set for trial term commencing on 5/6/2024, at 9:00 a.m. See Order for additional deadlines. Signed by Judge Marcia Morales Howard on 12/12/2022. (JW)
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| Filing 34 NOTICE to counsel Jeffrey Weiskopf Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AET) |
| Filing 33 First MOTION for Extension of Time to File by Victor McNair. (Karger, Aaron) Motions referred to Magistrate Judge Laura Lothman Lambert. |
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Filing 32
ENDORSED ORDER striking 31 Plaintiff's Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1). See Fed. R. Civ. P. 5(d)(1)(A); Section I.C.1, Middle District Discovery Handbook. The Clerk of Court is directed to remove this document from the official court record. Signed by Magistrate Judge Laura Lothman Lambert on 8/22/2022. (MDC)
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| Filing 31 (STRICKEN per Endorsed Court Order 32) INITIAL Disclosures pursuant to Fed. R. Civ. P. 26(a)(1) by Victor McNair (Karger, Aaron) Modified on 8/22/2022 to edit text (AET). Modified on 8/23/2022 to remove PDF per Endorsed Order 32 (AET). |
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Filing 30
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Notice regarding mediator and mediation date due 6/23/2023. Discovery due by 7/24/2023. Conduct mediation hearing by 9/25/2023. Dispositive motions due by 9/25/2023. Final Pretrial Conference set for 2/20/2024 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 3/4/2024 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 7/26/2022. (JW)
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| Filing 29 CASE MANAGEMENT REPORT. (Holt, Michael) |
| Filing 28 NOTICE of Lead Counsel Designation by Michael R. Holt on behalf of Future Motion, Inc.. Lead Counsel: Kelly P. Magnus. (Holt, Michael) |
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Filing 27
ORDER granting #26 Amended Motion for Special Admission. Kelly P. Magnus is permitted to appear pro hac vice on behalf of the defendant. Ms. Magnus shall register with the Court's electronic case filing (ECF) system if she has not already done so. Signed by Magistrate Judge Laura Lothman Lambert on 7/6/2022. (MDC)
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| Filing 26 Amended MOTION for Kelly P. Magnus to appear pro hac vice by Future Motion, Inc.. (Holt, Michael) Motions referred to Magistrate Judge Laura Lothman Lambert. |
| Filing 25 ANSWER and affirmative defenses with Jury Demand to #23 Amended Complaint by Future Motion, Inc..(Holt, Michael) |
| Filing 24 MOTION for Kelly P. Magnus to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19729268 for $150 by Future Motion, Inc.. (Holt, Michael) Motions referred to Magistrate Judge Laura Lothman Lambert. |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-19697133 for $150 paid. Special Admission for Non-Resident Attorney Steven T. Halperin Esq. (Karger, Aaron) |
| Filing 23 AMENDED COMPLAINT against Future Motion, Inc. with Jury Demand. filed by Victor McNair.(Karger, Aaron) |
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Filing 22
ORDER denying without prejudice #11 Defendant's Motion to Dismiss. Signed by Judge Marcia Morales Howard on 6/16/2022. (JW)
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Filing 21
ORDER granting #18 Unopposed Motion to Admit Counsel Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Steven T. Halperin is permitted to appear pro hac vice on behalf of the plaintiff. Mr. Halperin shall register with the Court's electronic case filing (ECF) system if he has not already done so. Signed by Magistrate Judge Laura Lothman Lambert on 6/15/2022. (MDC)
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| Filing 20 NOTICE of Pendency of Other Actions by Victor McNair (Karger, Aaron) (Modified on 6/15/2022, to edit text) (BGR). |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Victor McNair identifying Corporate Parent Future Motion, Inc. for Victor McNair. (Karger, Aaron) |
| Filing 18 First MOTION for Steven T. Halperin, Esq to appear pro hac vice by Victor McNair. (Karger, Aaron) Motions referred to Magistrate Judge Laura Lothman Lambert. |
| Filing 17 NOTICE of Pendency of Other Actions by Victor McNair (Karger, Aaron) (Modified on 6/15/2022, counsel notified case number and format should be corrected on future filings) (BGR). |
| Filing 16 NOTICE by Future Motion, Inc. re #15 MOTION for Extension of Time to File Answer to Plaintiff's Complaint Following Local Rule 3.01(g) Conference Notice of Striking (Holt, Michael) |
| Filing 15 MOTION for Extension of Time to File Answer to Plaintiff's Complaint Following Local Rule 3.01(g) Conference by Future Motion, Inc.. (Holt, Michael) Motions referred to Magistrate Judge Laura Lothman Lambert. (Modified on 6/15/2022, document filed in error.) (BGR). |
| Filing 14 SUPPLEMENT re #11 MOTION to Dismiss Plaintiff's Corrected Complaint by Future Motion, Inc.. (Holt, Michael) |
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Filing 13
ORDER directing Defendant Future Motion, Inc. to file a supplement to its #11 Motion to Dismiss with the requisite Local Rule 3.01(g) Certification on or before June 15, 2022. Signed by Judge Marcia Morales Howard on 6/8/2022. (MHM)
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| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Future Motion, Inc.. (Holt, Michael) |
| Filing 11 MOTION to Dismiss Plaintiff's Corrected Complaint by Future Motion, Inc.. (Holt, Michael) |
| Filing 10 NOTICE of Lead Counsel Designation by Michael R. Holt on behalf of Future Motion, Inc.. Lead Counsel: Michael R. Holt. (Holt, Michael) |
| Filing 9 NOTICE of Appearance by Ligianette Cordova on behalf of Future Motion, Inc. (Cordova, Ligianette) |
| Filing 8 NOTICE of Appearance by Michael R. Holt on behalf of Future Motion, Inc. (Holt, Michael) |
| Filing 7 SUMMONS issued as to Future Motion, Inc. (BGR) |
| Filing 6 PROPOSED summons to be issued by Victor McNair. (Karger, Aaron) |
| Filing 5 CORRECTED COMPLAINT against Future Motion, Inc. with Jury Demand. filed by Victor McNair. Related document: #1 Complaint filed by Victor McNair.(Karger, Aaron) (Modified on 3/30/2022, to edit text) (BGR). |
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Filing 4
ORDER striking #1 Complaint. Plaintiff shall file a corrected complaint consistent with the directives of this Order on or before April 14, 2022. See Order for details. Signed by Judge Marcia Morales Howard on 3/24/2022. (MHM)
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| Filing 3 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and US Magistrate Judge Laura Lothman Lambert. New case number: 3:22-cv-0329-MMH-LLL. (SJB) |
| Filing 1 COMPLAINT against Future Motion, Inc. with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19368878) filed by Victor McNair. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Karger, Aaron) (Modified on 3/25/2022, Complaint is STRICKEN per #4 Order) (BGR). |
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