Laribee et al v. Gypsum Express Ltd. et al
| Carla Laribee and Kevin Laribee |
| Stellantis N.V formerly known as FIAT CHRYSLER AUTOMOBILES N.V. doing business as FCA US LLC, Gypsum Express LTD., Rollison Tucker Higgs, FCA US LLC doing business as Chrysler Group LLC and FIAT CHRYSLER AUTOMOBILES N.V. |
| Sean Alexander, Crash Analysis & Reconstruction, LLC, Frederick A. Raffa, Susan McKenzie, McKenzie Morris Rehab, LLC, Matthew Lawson, Lawson Healthcare Group, LLC, Austin T. Folley and Biodynamic Research Corporation |
| 3:2023cv00509 |
| May 1, 2023 |
| US District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Timothy J Corrigan |
| Harvey E Schlesinger |
| Joel B Toomey |
| Other Statutory Actions |
| None |
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Filing 29
ORDER denying #1 the plaintiffs' motion for an order of contempt for noncompliance with subpoenas. By 7/31/2023, the plaintiffs' counsel must show cause why, for the conduct described, they should not be sanctioned under Federal Rules of Civil Procedure 11(c)(3), 26(g)(3), or 45(d), 28 U.S.C. 1927, or the Court's inherent authority. See order for details. Signed by Magistrate Judge Patricia D. Barksdale on 6/20/2023. (ASL)
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| Filing 28 NOTICE TO COUNSEL Marvin Dewayne Dikeman, Melissa Cordell McMullen 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). (MDC) Modified on 6/13/2023 - In light of #19 Order - counsel was advised to disregard this Notice (per Chambers) (MDC). |
| Filing 25 NOTICE by Carla Laribee, Kevin Laribee (Attachments: #1 Exhibit 1)(Underwood, Robert) |
| Filing 24 NOTICE by Gypsum Express LTD., Rollison Tucker Higgs, FCA US LLC (Attachments: #1 Exhibit)(Myers, Mark) |
| Filing 27 ORAL MOTION for sanctions by the respondents. (ASL) |
| Filing 26 MINUTE entry for the telephone conference held on 5/24/2023 before Magistrate Judge Patricia D. Barksdale: Counsel were present to discuss #1 the plaintiffs' motion for an order of contempt and to compel. (digital) (ASL) |
| Filing 23 NOTICE of Filing Correspondence with Plaintiff's Counsel by Sean Alexander, Biodynamic Research Corporation, Crash Analysis & Reconstruction, LLC, Austin T. Folley, Matthew Lawson, Lawson Healthcare Group, LLC, Susan McKenzie, McKenzie Morris Rehab, LLC, Frederick A. Raffa (Attachments: #1 Exhibit Emails)(Cook, Kevin) (Modified on 5/25/2023, to edit text) (BGR). |
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Filing 22
ENDORSED ORDER granting #21 the plaintiffs' unopposed motion to reschedule the telephone conference. The telephone conference is rescheduled to May 24, 2023, at 11:00 a.m. Signed by Magistrate Judge Patricia D. Barksdale on 5/19/2023. (DS)
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| Filing 21 Unopposed MOTION for Miscellaneous Relief, specifically to Reset May 22, 2023 Hearing by All Plaintiffs. (Attachments: #1 Exhibit A)(Underwood, Robert) |
| Filing 20 NOTICE of Lead Counsel Designation by Kevin Bayly Cook on behalf of Sean Alexander, Biodynamic Research Corporation, Crash Analysis & Reconstruction, LLC, Austin T. Folley, Matthew Lawson, Lawson Healthcare Group, LLC, Susan McKenzie, McKenzie Morris Rehab, LLC, Frederick A. Raffa. Lead Counsel: Kevin B. Cook. (Cook, Kevin) |
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Filing 19
ORDER setting a telephone conference and denying #16 the motion for leave to file a reply. See the order for details. Signed by Magistrate Judge Patricia D. Barksdale on 5/16/2023. (DS) Modified on 5/16/2023 (DS). (ASL).
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| Filing 18 Case Reassigned to Magistrate Judge Patricia D. Barksdale. New case number: 3:23-cv-509-HES-PDB. Magistrate Judge Joel B. Toomey no longer assigned to the case. Motion(s) REFERRED: #1, #16 MOTION for Leave to File a Reply to Defendants' Retained Experts' Response in Opposition to Plaintiffs' Omnibus Motion for Order of Contempt for Noncompliance with Subpoenas and Motion to Compel. Motion(s) referred to Magistrate Judge Patricia D. Barksdale. (MDC) |
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Filing 17
ORDERED: The Clerk is directed to reassign this case to the Honorable Patricia D. Barksdale as the Magistrate Judge. Signed by Senior Judge Harvey E. Schlesinger on 5/10/2023. (CKS)
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| Filing 16 MOTION for Leave to File a Reply to Defendants' Retained Experts' Response in Opposition to Plaintiffs' Omnibus Motion for Order of Contempt for Noncompliance with Subpoenas and Motion to Compel by All Plaintiffs. (Underwood, Robert) Modified text on 5/9/2023 (BD). |
| Filing 15 Case Reassigned to Senior Judge Harvey E. Schlesinger. New case number: 3:23-cv-509-HES-JBT. Judge Timothy J. Corrigan no longer assigned to the case. (MDC) |
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Filing 14
ORDER reassigning this case to the Honorable Harvey E. Schlesinger for all further proceedings pursuant to Local Rule 1.07(a)(2)(A). Signed by Judge Timothy J. Corrigan on 5/8/2023. (KKH)
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| Filing 13 NOTICE TO COUNSELS Edward S. Cook, Lindsey Rodgers, Marvin Dewayne Dikeman, Melissa Cordell McMullen of 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; (Signed by Deputy Clerk). (BD) |
| Filing 12 TRANSFER IN from the Northern District of Georgia. Case assigned to District Judge Timothy J. Corrigan and Magistrate Judge Joel B. Toomey. New Case Number: 3:23-cv-509-TJC-JBT. (MDC) |
| Filing 11 Case transferred in from District of Georgia Northern; Case Number 1:23-cv-01966. File received electronically |
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Filing 10
ORDER: Upon review of the filings, the Court concluded that the issues relating to the enforcement of these subpoenas would be better handled in the district that issued the subpoenas, the Middle District of Florida, and ordered the Nonparties to file a notice whether they consented to such a transfer, pursuant to Federal Rule of Civil Procedure 45(f) #8. The Nonparties have consented to the transfer #9. Accordingly, the Court ORDERS that this action be TRANSFERRED to the United States District Court for the Middle District of Florida. Signed by Magistrate Judge John K. Larkins, III on 5/1/23. (jra) [Transferred from gand on 5/2/2023.]
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| Civil Case Terminated. Magistrate Judge John K. Larkins, III terminated from case. (jra) [Transferred from gand on 5/2/2023.] |
| Filing 9 Notice of Consent To Transfer by Sean Alexander, Biodynamic Research Corporation, Crash Analysis & Reconstruction, LLC, Austin T. Folley, Matthew Lawson, Lawson Healthcare Group, LLC, Susan McKenzie, McKenzie Morris Rehab, LLC, and Frederick A. Raffa (McMullen, Melissa) [Transferred from gand on 5/2/2023.] |
| Case reported statistically. Matter transferred from 1:23-mi-00031-LMM-JKL. (jra) [Transferred from gand on 5/2/2023.] |
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Filing 8
ORDER: Accordingly, the Nonparties are ORDERED to file a notice in writing by Friday, April 28, 2023 at 12:00 p.m., whether they consent to this transfer. Signed by Magistrate Judge John K. Larkins, III on 4/25/23. (jra) [Transferred from gand on 5/2/2023.]
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| Filing 7 Notice of Appearance by Melissa Cordell McMullen & Marvin Dewayne Dikeman on behalf of Sean Alexander, Biodynamic Research Corporation, Crash Analysis & Reconstruction, LLC, Austin T. Folley, Matthew Lawson, Lawson Healthcare Group, LLC, Susan McKenzie, McKenzie Morris Rehab, LLC, Frederick A. Raffa (McMullen, Melissa) [Transferred from gand on 5/2/2023.] |
| Filing 6 RESPONSE in Opposition re #1 MOTION for Order of Contempt for Noncompliance with Subpoenas, MOTION to Compel, MOTION for Emergency/Immediate Hearing filed by Sean Alexander, Crash Analysis & Reconstruction, LLC, Frederick A. Raffa, Susan McKenzie, McKenzie Morris Rehab, LLC, Matthew Lawson, Lawson Healthcare Group, LLC, Austin T. Folley, Biodynamic Research Corporation. (McMullen, Melissa) [Transferred from gand on 5/2/2023.] |
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Filing 5
ORDER REASSIGNING CASE. Case reassigned to Judge Leigh Martin May for all further proceedings. Judge Thomas W. Thrash, Jr. no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:23-mi-00031-LMM-JKL. Please make note of this change in order to facilitate the docketing of pleadings in this case. Signed by Judge Thomas W. Thrash, Jr. on 04/21/2023. (jkb) [Transferred from gand on 5/2/2023.]
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| Submission of #1 MOTION for Order MOTION to Compel MOTION for Hearing, to Magistrate Judge John K. Larkins. (jkb) [Transferred from gand on 5/2/2023.] |
| Clerk's Notation re #4 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by Judge Thrash. (jeh) [Transferred from gand on 5/2/2023.] |
| Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Carla Laribee, Kevin Laribee. (Cook, Edward) [Transferred from gand on 5/2/2023.] |
| Filing 3 CERTIFICATE OF SERVICE by Carla Laribee, Kevin Laribee.(Cook, Edward) [Transferred from gand on 5/2/2023.] |
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Filing 2
ORDER denying #1 Motion for energency/expedited Hearing. Any responses to Plaintiffs' omnibus motion #1 be filed no later than fourteen (14) days after service of the Plaintiffs' motion. Plaintiffs shall have until fourteen (14) days thereafter to reply to any response brief, should one be filed. Additionally, Plaintiffs are DIRECTED to file a certificate of interested persons under Local Rule 3.3 within seven (7) days. Finally, Plaintiffs are DIRECTED to serve a copy of this Order by email and first class mail on Defendants and each of the nonparties and to file a certificate of service with the clerk. Signed by Magistrate Judge John K. Larkins, III on 04/12/2023. (jkb) [Transferred from gand on 5/2/2023.]
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| Submission of #1 MOTION for Order of Contempt for Noncompliance with Subpoenas, MOTION to Compel, MOTION for Emergency/Immediate Hearing, to Magistrate Judge John K. Larkins. (ceo) [Transferred from gand on 5/2/2023.] |
| Filing 1 MOTION for Order of Contempt for Noncompliance with Subpoenas, MOTION to Compel, MOTION for Emergency/Immediate Hearing with Brief In Support by Carla Laribee, Kevin Laribee. (Attachments: #1 Exhibit A-Alexander Subpoena, #2 Exhibit B-CAR Subpoena, #3 Exhibit C-Raffa Subpoena, #4 Exhibit D-McKenzie Subpoena, #5 Exhibit E-McKenzie Morris Rehab Subpoena, #6 Exhibit F-Lawson Healthcare Group Subpoena, #7 Exhibit G-Lawson Subpoena, #8 Exhibit H-Biodynamic Research Subpoena, #9 Exhibit I-Folley Subpoena, #10 Exhibit J-McKenzie Correspondence, #11 Exhibit K-Counsel Correspondence, #12 Exhibit L-Objection, #13 Exhibit M-McKenzie, #14 Exhibit N-Subpoena Correspondence, #15 Exhibit O-Raffa Production Correspondence, #16 Exhibit P-CAR Correspondence, #17 Exhibit Q-Lawson Correspondence, #18 Exhibit R-Alexander Correspondence)(ceo) [Transferred from gand on 5/2/2023.] |
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