Lewis v. Hill et al
| Steven P. Lewis |
| Matthew A. Hill, Margie Joanne Hill, David Robert Moore, Jeffrey Stoller and ClosedRPLA Holdings, Inc. |
| 3:2023cv01168 |
| October 3, 2023 |
| US District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Harvey E Schlesinger |
| Stockholders Suits |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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Filing 46
ORDER granting #44 the parties Stipulation of Dismissal with Prejudice; directions to the Clerk. Signed by Senior Judge Harvey E. Schlesinger on 11/13/2023. (TPL)
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| Filing 45 NOTICE canceling Status Conference hearing scheduled for November 15, 2023 (TPL) |
| Filing 44 STIPULATION of dismissal with prejudice by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A. Hill, Steven P. Lewis, David Robert Moore, Jeffrey Stoller. (ELM) Modified on 11/14/2023 to edit docket text (AJS). |
| Filing 43 NOTICE TO COUNSEL Jeffrey Upton Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Pay the Special Admission Fee; (Signed by Deputy Clerk). (ARL) |
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Filing 42
ORDER granting #40 Jeffrey Upton's motion asking the Court for permission to specially appear to represent the plaintiff in this action. Signed by Magistrate Judge Patricia D. Barksdale on 11/9/2023. (ASL)
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| Filing 41 NOTICE of hearing: Hearing set for 11/15/2023 at 1:00 PM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. (TPL) |
| Filing 40 MOTION for Jeffrey J. Upton to appear pro hac vice by Steven P. Lewis. (ELM) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 39 CERTIFICATE of interested persons and corporate disclosure statement by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A. Hill, David Robert Moore, Jeffrey Stoller. (Buttaro, Andrew) |
| Set/reset deadlines/hearings: Case management report due by 11/30/2023. (LAB) |
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Filing 38
ORDER. If the parties fail to settle on November 3, 2023, the plaintiff's counsel must apply for membership or special admission by November 20, 2023, and the parties must file a case management report by November 30, 2023. See the order for details. Signed by Magistrate Judge Patricia D. Barksdale on 10/20/2023. (DS)
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| PRO HAC VICE FEES paid by attorney Charles L. Solomont, appearing on behalf of All Defendants (Filing fee $150 receipt number 36836.) Related document: #35 MOTION for Charles L. Solomont to appear pro hac vice. (BD) |
| PRO HAC VICE FEES paid by attorney Andrew L. Buttaro, appearing on behalf of All Defendants (Filing fee $150 receipt number 36836.) Related document: #34 MOTION for Andrew M. Buttaro to appear pro hac vice. (BD) |
| Filing 37 MINUTE entry for the telephone conference held on 10/18/2023 before Magistrate Judge Patricia D. Barksdale: Judge Barksdale extended the deadline to file the case management report to 11/30/2023. (digital) (ASL) |
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Filing 36
ORDER granting #34, #35 Charles Solomont's and Andrew Buttaro's motions asking the Court for permission to specially appear to represent the defendants in this action. Signed by Magistrate Judge Patricia D. Barksdale on 10/18/2023. (ASL)
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| Filing 35 CORRECTED MOTION for Charles L. Solomont to appear pro hac vice by All Defendants. (ELM) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 34 CORRECTED MOTION for Andrew M. Buttaro to appear pro hac vice by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A. Hill, David Robert Moore, Jeffrey Stoller. (ELM) Motions referred to Magistrate Judge Patricia D. Barksdale. |
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Filing 33
ORDER denying without prejudice for failing to comply with Local Rule 1.08 #31, #32 the motions to specially appear to represent the defendants in this action. Signed by Magistrate Judge Patricia D. Barksdale on 10/16/2023. (ASL)
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| Filing 32 MOTION for Andrew M. Buttaro to appear pro hac vice by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A. Hill, David Robert Moore, Jeffrey Stoller. (ELM) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 31 MOTION for Charles L. Solomont to appear pro hac vice by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A. Hill, David Robert Moore, Jeffrey Stoller. (ELM) Motions referred to Magistrate Judge Patricia D. Barksdale. |
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Filing 30
ORDER. The Court will conduct a brief telephone conference on October 18, 2023, at 10:00 a.m., to discuss the status of the case and deadlines. Participants must appear by telephone by calling (888) 684-8852 at least five minutes before the proceeding. The access code is 1103539; the security code is 0004. See the order for details. Signed by Magistrate Judge Patricia D. Barksdale on 10/11/2023. (DS)
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| Filing 29 COMPLAINT against All Defendants filed by Steven P. Lewis. (Originally filed in Norfolk County Court, MA on 10/28/2019) (BD) |
| Filing 28 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). (TPL) |
| Filing 27 NOTICE 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). (BD) |
| Filing 26 NOTICE TO COUNSELS Jeffrey J. Upton, Charles L. Solomont and Andrew M. Buttaro 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 25 TRANSFER IN from the District of Massachusetts. Case assigned to District Judge Harvey E. Schlesinger and Magistrate Judge Patricia D. Barksdale. New Case Number: 3:23-cv-1168-HES-PDB. (MDC) |
| Filing 24 Case transferred in from District of Massachusetts; Case Number 1:19-cv-12500. File received electronically |
| Filing 23 Case transferred to the Middle District of Florida. Case file sent electronically to Clerk in that district. (McManus, Caetlin) [Transferred from mad on 10/3/2023.] |
| Filing 22 Judge Douglas P. Woodlock: ORDER OF TRANSFER...In accordance with this Courts Memorandum and Order [ECF # 21] issued on July 24, 2023, it is hereby ORDERED that the above-entitled action is TRANSFERRED to the United States District Court for the Middle District of Florida for full adjudication.(Beatty, Barbara) [Transferred from mad on 10/3/2023.] |
| Filing 21 Judge Douglas P. Woodlock: MEMORANDUM AND ORDER...For the reasons set forth more fully above, I GRANT the FED. R. CIV. P. 12(b)(2) dimension to Defendants motion to dismiss [Dkt No. 9] to the extent that I direct the Clerk to TRANSFER this matter to the United States District Court for the Middle District of Florida for full adjudication in that forum and I correspondingly DENY the FED. R. CIV. P. 12(b)(2) dimension to Defendants motion to dismiss as to Dr. Margie Hill, David Moore, and Jeffrey Stoller. Having determined to transfer this case because I lack jurisdiction over all parties, I do not resolve Defendants collective FED. R. CIV. P. 12(b)(6) dimension to their motion to dismiss, which is reserved for disposition in the transferee court.(Beatty, Barbara) [Transferred from mad on 10/3/2023.] |
| Filing 20 Judge Douglas P. Woodlock: ELECTRONIC ORDER GRANTING Motion to Dismiss (Dkt No. 9) to the extent of the Courts sua sponte determination on the basis of the parties submissions to transfer this action as to all parties and all claims to the United States District Court for the Middle District of Florida for resolution. I decline to address the substance of the two distinct motion to dismiss contentions contained in Dkt No. 9; those contentions should be addressed, as necessary, by the United States District Court for the Middle District of Florida, which is - unlike this Court - authorized to exercise jurisdiction over all parties brought into this case by Plaintiffs operative complaint. A Memorandum setting forth in full detail, with directions for the transfer procedure, will issue within two weeks at which point the transfer shall be executed by the Clerk. (Beatty, Barbara) [Transferred from mad on 10/3/2023.] |
| Filing 19 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) [Transferred from mad on 10/3/2023.] |
| Filing 18 Transcript of Motion Hearing held on November 24, 2021, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 12/23/2021. Redacted Transcript Deadline set for 1/3/2022. Release of Transcript Restriction set for 3/2/2022. (Coppola, Katelyn) [Transferred from mad on 10/3/2023.] |
| Filing 17 Clerk's Notes for Motion Hearing held in-person before Judge Douglas P. Woodlock: Court hears argument on #9 Defendant's Motion to Dismiss. Motion taken under advisement. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Upton, Buttaro) (Beatty, Barbara) [Transferred from mad on 10/3/2023.] |
| Filing 16 NOTICE OF MOTION HEARING - Hearing on #9 MOTION to Dismiss Plaintiff's Complaint is SCHEDULED for 11/24/2021 at 11:00 a.m. in Courtroom 1 (In person only) before Judge Douglas P. Woodlock. (Beatty, Barbara) [Transferred from mad on 10/3/2023.] |
| Filing 15 REPLY to Response to #9 MOTION to Dismiss Plaintiff's Complaint (ECF 1-3) filed by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A Hill, David Robert Moore, Jeffrey Stoller. (Buttaro, Andrew) [Transferred from mad on 10/3/2023.] |
| Filing 14 Judge Douglas P. Woodlock: ORDER granting #13 Defendants' Unopposed Motion for Leave to File Reply in Support of Motion to Dismiss. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Beatty, Barbara) [Transferred from mad on 10/3/2023.] |
| Filing 13 Assented to MOTION for Leave to File Reply in Support of Defendants' Motion to Dismiss by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A Hill, David Robert Moore, Jeffrey Stoller. (Attachments: #1 Exhibit A - (Proposed) Reply in Support of Defendants' Motion to Dismiss)(Buttaro, Andrew) [Transferred from mad on 10/3/2023.] |
| Filing 12 First Opposition re #9 MOTION to Dismiss Plaintiff's Complaint (ECF 1-3) filed by Steven P Lewis. (Upton, Jeffrey) [Transferred from mad on 10/3/2023.] |
| Filing 11 Judge Douglas P. Woodlock: ORDER granting #10 Assented to Motion to Extend Response Deadline to Respond to #9 Motion to Dismiss Plaintiff's Complaint (ECF 1-3) until 2/6/2020. (Beatty, Barbara) [Transferred from mad on 10/3/2023.] |
| Filing 10 First MOTION for Extension of Time to 02/06/2020 to File Response/Reply as to #9 MOTION to Dismiss Plaintiff's Complaint (ECF 1-3) by Steven P Lewis.(Upton, Jeffrey) [Transferred from mad on 10/3/2023.] |
| Filing 9 MOTION to Dismiss Plaintiff's Complaint (ECF 1-3) by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A Hill, David Robert Moore, Jeffrey Stoller. (Attachments: #1 Memorandum of Law in Support of Defendants' Motion to Dismiss, #2 Text of Proposed Order on Motion to Dismiss, #3 Exhibit A - Matthew Hill Declaration, #4 Exhibit A-1 - Stock Purchase Agreement, #5 Exhibit A-2 - Notice of Redemption, #6 Exhibit A-3 - Sales Rep Agreement, #7 Exhibit B - Stoller Declaration, #8 Exhibit C - Margie Hill Declaration, #9 Exhibit D - Moore Declaration)(Buttaro, Andrew) [Transferred from mad on 10/3/2023.] |
| Filing 8 STATE COURT Record All Defendants.. (Buttaro, Andrew) [Transferred from mad on 10/3/2023.] |
| Filing 7 Judge Douglas P. Woodlock: ORDER granting #6 Assented to Motion to Extend Response Deadline until 1/9/2020. (Beatty, Barbara) [Transferred from mad on 10/3/2023.] |
| Filing 6 Assented to MOTION for Extension of Time to 1/9/2020 to File Responsive Pleading by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A Hill, David Robert Moore, Jeffrey Stoller.(Buttaro, Andrew) [Transferred from mad on 10/3/2023.] |
| Filing 5 NOTICE of Appearance by Charles L. Solomont on behalf of ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A Hill, David Robert Moore, Jeffrey Stoller (Solomont, Charles) [Transferred from mad on 10/3/2023.] |
| Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by mail (Halley, Taylor) [Transferred from mad on 10/3/2023.] |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) [Transferred from mad on 10/3/2023.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by ClosedRPLA Holdings, Inc.. (Buttaro, Andrew) [Transferred from mad on 10/3/2023.] |
| Filing 1 NOTICE OF REMOVAL by ClosedRPLA Holdings, Inc., Margie Joanne Hill, Matthew A Hill, David Robert Moore, Jeffrey Stoller ( Filing fee: $ 400, receipt number 0101-8010891 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Category Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Buttaro, Andrew) [Transferred from mad on 10/3/2023.] |
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