CW Prodesign LLC et al v. Seewald et al
| CW Prodesign LLC and Nick Spallone |
| Jay Seewald and 8405 Express Wash LLC |
| 8405 Express Wash LLC |
| CW Prodesign LLC |
| 3:2026cv01971 |
| July 31, 2026 |
| U.S. District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Marcia Morales Howard |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 31, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 45 Case TRANSFERRED from the Northern District of Illinois. Case assigned to District Judge Marcia Morales Howard and Magistrate Judge Patricia D. Barksdale. New Case Number: 3:26-cv-1971-MMH-PDB. (jkl) |
| Filing 44 Case transferred in from District of Illinois Northern; Case Number 1:25-cv-02055. File received electronically |
| Filing 43 TRANSFERRED to the Middle District of Florida the electronic record(vjd, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 42 MEMORANDUM Opinion and Order: For the reasons stated in the attached opinion, Defendants' motion to transfer #14 and supplemental motion for forum non-conveniens #30 is granted. The Court transfers the case to the Middle District of Florida pursuant to 28 U.S.C. 1404(a). Signed by the Honorable Mary M. Rowland on 6/23/2026. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 41 CERTIFICATE of Service for Plaintiffs' First Set of Discovery by Paul Matthew King on behalf of CW Prodesign LLC, Nick Spallone (King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 40 MINUTE entry before the Honorable Mary M. Rowland: The Court grants Attorney Reese Henderson's motion to appear pro hac vice #39. Attorney Henderson reminded to become familiar with this Court's local rules. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice on behalf of 8405 Express Wash LLC, Jay Seewald by Reese John Henderson; Filing fee $ 150, receipt number AILNDC-25066683. (Henderson, Reese) [Transferred from ilnd on 7/31/2026.] |
| Filing 38 8405 Express Wash LLC and Jay Seewald's ANSWER to amended complaint by CWPD and Nick Spallone by 8405 Express Wash LLC, Jay Seewald(Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 37 MINUTE entry before the Honorable Mary M. Rowland: The Court grants Plaintiff's unopposed motion to amend #36. Plaintiff is voluntarily dismissing Count V. Given that, the Court denies Defendant's motion to dismiss Count V #33 as moot. All other Counts in Plaintiff's amended complaint remain. Defendants to answer remaining counts in the amended complaint (Counts I-IV, VI) by 4/10/26. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 36 MOTION by Plaintiffs CW Prodesign LLC, Nick Spallone to amend/correct amended complaint, #29 to Remove Count V Without Prejudice and to Set a Time for Defendants to Answer the Remaining Counts (King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 35 REPLY by Defendants 8405 Express Wash LLC, Jay Seewald (Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 34 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's response to Defendants' motion to dismiss #33 due by 3/18/26. Defendant's reply due by 4/15/26. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants 8405 Express Wash LLC, Jay Seewald (Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 32 RESPONSE by CW Prodesign LLC, Nick Spallonein Opposition to MOTION by Defendants 8405 Express Wash LLC, Jay Seewald to supplement Motion for Forum Non-Conveniens #30 SUPPLEMENTAL FILING (King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 31 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the parties' joint status report #28. The parties have discussed settlement but are at odds over whether a conference would be productive. The Court will not order a conference until the venue issue is resolved. Plaintiffs' response to the venue filing #30 is due 2/10/26; reply due 3/3/26. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 30 MOTION by Defendants 8405 Express Wash LLC, Jay Seewald to supplement Motion for Forum Non-Conveniens (Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 29 AMENDED complaint by Nick Spallone, CW Prodesign LLC against 8405 Express Wash LLC, Jay Seewald (Attachments: #1 Exhibit Ex. A - Jacksonville Consulting Agreement, #2 Exhibit Ex. B - Email, #3 Exhibit Ex. C - Jacksonville Development Agreement, #4 Exhibit Ex. D - Tampa Consulting Agreement, #5 Exhibit Ex. E - Invoices, #6 Exhibit Ex. F - Hourly Invoice)(King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 28 STATUS Report JOINT (January 16, 2026) by CW Prodesign LLC, Nick Spallone (King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 27 MINUTE entry before the Honorable Mary M. Rowland: The Court grants Plaintiff's motion for leave to file amended complaint #26. Plaintiff's complaint to be filed as a separate entry on the docket. Defendant's motion to dismiss #23 denied as moot. Response to the amended complaint due 2/17/26. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 26 MOTION by Plaintiffs CW Prodesign LLC, Nick Spallone for leave to file Amended Complaint, Instanter (Attachments: #1 Exhibit Exhibit 1 - Plaintiffs' Amended Complaint)(King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 25 RESPONSE by Counter Defendant CW Prodesign LLC to counterclaim, #22 (King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 24 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/31/2025: Mailed notice. (tg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants 8405 Express Wash LLC, Jay Seewald (Cunniff, Andrew) [Transferred from ilnd on 7/31/2026.] |
| Filing 22 COUNTERCLAIM filed by 8405 Express Wash LLC against CW Prodesign LLC . (Attachments: #1 Exhibit A - Jacksonville Consulting Agreement, #2 Exhibit B - Jacksonville Development Agreement, #3 Exhibit C - Invoice 12651, #4 Exhibit D - Invoice 12652, #5 Exhibit E - Invoice 12946, #6 Exhibit F - Invoice 12729)(Cunniff, Andrew) [Transferred from ilnd on 7/31/2026.] |
| Filing 21 MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Defendants to answer and file any counterclaim by 12/12/25; response to counterclaim due 1/8/26. Parties are to engage in settlement discussions. Status report due 1/16/26 (DATE CHANGE] updating the court on (1) status of settlement discussions and if a settlement conference would be productive; and (2) whether further briefing is warranted on defendants' request for discretionary change of venue request pursuant to section 1404; and (3) whether parties would like to set a discovery schedule. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 20 MEMORANDUM Opinion and Order: For the stated reasons, Defendants' motion to dismiss for lack of jurisdiction and improper venue #14 is denied. Defendants' motion to transfer venue to the Middle District of Florida, pursuant to 28 U.S.C. 1404(a), is taken under advisement. Signed by the Honorable Mary M. Rowland on 10/29/2025. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 19 MINUTE entry before the Honorable Mary M. Rowland: Defendants' motion to dismiss for lack of jurisdiction and improper venue #14 is denied. Enter order. Defendants' motion to transfer venue pursuant to 28 U.S.C. 1404(a) is taken under advisement. 28 U.S.C. 1404(a) permits district courts to transfer civil cases to another district where venue would be appropriate "for the convenience of the parties and witnesses." Transferring a case under 1404(a) is proper if the moving party establishes that: 1) the transferor district is a proper venue; 2) the transferee district is a proper venue and has jurisdiction; and 3) transferring the case serves the interest of justice and the convenience of the parties and witnesses. Medi USA v. Jobst Inst., Inc., 791 F. Supp. 208, 210 (N.D. Ill. 1992). "Transfer is inappropriate if it merely transforms an inconvenience for one party into an inconvenience for the other party." Sage Products, Inc. v. Devon Industries, Inc., 148 F.R.D. 213, 216 (N.D.Ill.1993) (internal citation omitted). The party seeking a Section 1404(a) transfer bears the burden of showing that "the transferee forum is clearly more convenient" than the transferor forum. Heller Fin., Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1293 (7th Cir. 1989) (citing Coffey v. Van Dorn Iron Works, supra, 796 F.2d at 21920 (citations omitted)). "District courts have broad discretion to grant or deny" such a motion. Id. The Court has determined that it is a proper venue to hear the case. Neither party disputes that the Middle District of Florida could also properly hear the case. The Court sets a hearing to discuss the convenience of the parties in light of the issues to be presented in the case. Hearing set for 11/4/25 at 10:00 AM. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 18 REPLY by Defendants 8405 Express Wash LLC, Jay Seewald (Attachments: #1 Exhibit A)(Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 17 RESPONSE by CW Prodesign LLCin Opposition to MOTION by Defendants 8405 Express Wash LLC, Jay Seewald to dismiss for lack of personal jurisdiction pursuant to FRCP 12(b)(2), improper venue pursuant to 12(b)(3), or in the alternative, for transfer of venue #14 (Attachments: #1 Exhibit Exhibit 1 - Declaration of Nick Spallone)(King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 16 MINUTE entry before the Honorable Mary M. Rowland: At the outset of the case, the court ordered the parties to submit a joint initial status report by 4/29/25. #6 Defense counsel sent an email requesting that be stayed because of the pending motion to dismiss for lack of personal jurisdiction pursuant to FRCP 12(b)(2), improper venue pursuant to 12(b)(3), or in the alternative, for transfer of venue. #14. Clearly, defendants do not believe this case belongs in the NDIL. The court vacates the requirement that the parties file a joint status report by 4/29/25. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 15 MINUTE entry before the Honorable Mary M. Rowland: The Court has received Defendants' motion to dismiss for lack of personal jurisdiction, for improper venue, or in the alternative, for transfer of venue 14. Plaintiffs to file a response by 5/9/25. Defendants to file a reply by 5/30/25. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 14 MOTION by Defendants 8405 Express Wash LLC, Jay Seewald to dismiss for lack of personal jurisdiction pursuant to FRCP 12(b)(2), improper venue pursuant to 12(b)(3), or in the alternative, for transfer of venue (Attachments: #1 Exhibit A)(Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 13 MINUTE entry before the Honorable Mary M. Rowland: Having established, at least for pleading purposes, that the parties are completely diverse in citizenship #10, Defendants have complied with this Court's orders #7 #9 directing them to file a jurisdictional supplement. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 12 MINUTE entry before the Honorable Mary M. Rowland: The Court reviewed Defendants' status report #10. Defendants' motion for extension of time to answer or otherwise plead #11 is granted. Defendants shall file a pleading responsive to the complaint by 4/8/25. Motion for default #8 is denied as moot. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 11 MOTION by Defendants 8405 Express Wash LLC, Jay Seewald to stay or enlarge time to answer or otherwise plead (Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 10 STATUS Report by 8405 Express Wash LLC, Jay Seewald (Attachments: #1 Exhibit A)(Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 9 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed Plaintiffs' motion for entry of default judgment against Defendants #8. Defendants removed this case on 2/27/25 and have failed to answer the complaint. The Answer was due on March 6, 2025. Did Defendants remove the case only to default. That is a waste of this Court's resources. Moreover, one defendant is an LLC and the defendants removed the case without properly explaining why federal jurisdiction is appropriate. #7. Defense counsel is to file a status report by 3/25/25 explaining to the Court his plan to address these two issues: jurisdiction and default. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 8 MOTION by Plaintiffs CW Prodesign LLC, Nick Spallone for entry of default (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Affidavit of Service, #3 Exhibit Exhibit C - Declaration of Alan Jacob)(King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 7 MINUTE entry before the Honorable Mary M. Rowland: In light of Defendants' invocation of diversity jurisdiction in the notice of removal #1, on or before 4/14/25, Defendants shall file a jurisdictional supplement, as a separate docket entry. Defendants are reminded that the citizenship of LLCs is the citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). An LLC's members' "identities and citizenships must be revealed." West v. Louisville Gas & Electric Co., 951 F.3d 827, 829 (7th Cir. 2020). Defendants must therefore set forth the citizenship of each of Plaintiff CW Prodesign LLC's members and each of Defendant 8405 Express Wash LLC's members. In addition, Defendants are reminded that for individuals, citizenship means domicile (the person's long-term plan for a state of habitation) rather than current residence. Dancel v. Groupon, Inc., 949 F.3d 999, 1003 (7th Cir. 2019). Defendants must therefore set forth the domiciles of Defendant Jay Seewald and Plaintiff Nick Spallone. If Defendants fail to file the jurisdictional supplement as directed, the case may be dismissed for lack of subject-matter jurisdiction. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 6 MINUTE entry before the Honorable Mary M. Rowland: On or before 4/29/25, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (jg, ) [Transferred from ilnd on 7/31/2026.] |
| Filing 5 ATTORNEY Appearance for Plaintiffs CW Prodesign LLC, Nick Spallone by Paul Matthew King (King, Paul) [Transferred from ilnd on 7/31/2026.] |
| Filing 4 ATTORNEY Appearance for Plaintiffs CW Prodesign LLC, Nick Spallone by William Jones (Jones, William) [Transferred from ilnd on 7/31/2026.] |
| Filing 3 ATTORNEY Appearance for Defendants 8405 Express Wash LLC, Jay Seewald by John David Galarnyk (Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 2 CIVIL Cover Sheet (Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, IL - Law Division, case number (2024L013039) filed by 8405 Express Wash LLC, Jay Seewald Filing fee $ 405, receipt number AILNDC-23140402. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons)(Galarnyk, John) [Transferred from ilnd on 7/31/2026.] |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (cvk, ) [Transferred from ilnd on 7/31/2026.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
