Johnson et al v. Intelemedia Communications, Inc. et al
| Ms. Tara Johnson, Melvin Brown and Tara Johnson |
| Intelemedia Communications, Inc. and Intelemedia Premier Leads, LLC |
| 5:2018cv00361 |
| July 12, 2018 |
| US District Court for the Middle District of Florida |
| Ocala Office |
| XX US, Outside State |
| Paul G Byron |
| Philip R Lammens |
| James S Moody |
| Other Statutory Actions |
| Restrictions on Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 1, 2018. A more recent docket listing may be available from PACER.
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| Filing 45 Case transferred in from District of Tennessee Western; Case Number 2:18-cv-02018. File received electronically |
| Filing 44 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Status Conference held on 7/11/2018. Benjamin Miller, Mark Chalos and Andrew Kaufman appeared for the Plaintiffs. Gary Peeples and Debra Bernard appeared for the Defendants. Case transferred to the MDFL. Order entered. (Court Reporter: Lisa Mayo) (jpw) [Transferred from tnwd on 7/12/2018.] |
Filing 43
ORDER GRANTING DEFENDANTS FIRST-TO-FILE MOTION AND TRANSFERRING THIS ACTION TO THE MIDDLE DISTRICT OF FLORIDA. Signed by Judge Jon Phipps McCalla on 7/11/2018. (McCalla, Jon) (Main Document 43 replaced on 7/11/2018) (McCalla, Jon). [Transferred from tnwd on 7/12/2018.]
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| Filing 42 NOTICE by Melvin Brown, Tara Johnson re #40 Order - SUPPLEMENTAL BRIEF ON THE APPLICABILITY OF THE FIRST-TO-FILE RULE (Kaufman, Andrew) [Transferred from tnwd on 7/12/2018.] |
| Filing 41 NOTICE by Intelemedia Communications, Inc., Intelemedia Premier Leads, LLC re #40 Order - Defendants' Supplemental Brief in Accordance with June 11, 2018 Court Order (Attachments: #1 Exhibit A - Docket Printout from M.D. Fla. Action, #2 Exhibit B - Original Complaint from M.D. Fla. Action, #3 Exhibit C - Amended Complaint from M.D. Fla. Action, #4 Exhibit D - Comparison File)(Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
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Filing 40
ORDER DIRECTING PARTIES TO SUBMIT SUPPLEMENTAL BRIEFING. Signed by Judge Jon Phipps McCalla on 6/11/2018. (McCalla, Jon) [Transferred from tnwd on 7/12/2018.]
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Filing 39
STIPULATED PROTECTIVE ORDER. Signed by Judge Jon Phipps McCalla on 5/24/2018. (McCalla, Jon) [Transferred from tnwd on 7/12/2018.]
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Filing 38
SCHEDULING ORDER. Signed by Judge Jon Phipps McCalla on 5/22/2018. (McCalla, Jon) (Main Document 38 replaced on 5/22/2018) (McCalla, Jon). [Transferred from tnwd on 7/12/2018.]
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| Filing 37 SETTING LETTER: Telephonic Status/Scheduling Conference set for Wednesday, 7/11/2018 at 9:00 AM (CDT) before Judge Jon Phipps McCalla. Counsel for the Plaintiff shall initiate the conference call prior to dialing Judge McCalla's chambers at 901-495-1291. (jpw) [Transferred from tnwd on 7/12/2018.] |
| Filing 36 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 5/22/2018. Andrew Kaufman, Benjamin Miller and Mark Chalos appeared for the Plaintiffs. Gary Scott Peeples and Debra Rae Bernard appeared for the Defendants. This is an asserted class action case. Court to rule on pending motion to dismiss/transfer #18 and #19 . The Court will hold a Telephonic Status/Scheduling Conference on Wednesday, 7/11/2018 at 9:00 AM if necessary (if case is not transferred). Scheduling order to be entered. (Court Reporter: Nicole Warren) (jpw) [Transferred from tnwd on 7/12/2018.] |
| Filing 35 NOTICE of Appearance by Andrew Richard Kaufman on behalf of Melvin Brown, Tara Johnson (Kaufman, Andrew) [Transferred from tnwd on 7/12/2018.] |
| Filing 34 REPORT of Rule 26(f) Planning Meeting . (Kaufman, Andrew) [Transferred from tnwd on 7/12/2018.] |
| Filing 33 STIPULATION - Joint Stipulated Protective Order by Melvin Brown, Tara Johnson. (Kaufman, Andrew) [Transferred from tnwd on 7/12/2018.] |
| Filing 32 REPLY to Response to Motion re #25 Response in Opposition to Motion filed by All Defendants. (Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
| Filing 31 SETTING LETTER: Telephonic Scheduling Conference reset for Tuesday, 5/22/2018 at 11:00 AM before Judge Jon Phipps McCalla. Counsel for the Plaintiff shall initiate the conference call prior to dialing Judge McCalla's chambers at 901-495-1291.(jpw) [Transferred from tnwd on 7/12/2018.] |
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Filing 30
ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Jon Phipps McCalla on 5/4/2018. (McCalla, Jon) [Transferred from tnwd on 7/12/2018.]
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| Filing 29 REPLY to Response to Motion re #26 Response in Opposition to Motion filed by All Defendants. (Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
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Filing 28
Text ORDER granting #27 defendants' Motion for Leave to File Reply. Defendants' reply to plaintiffs' response #26 shall be filed on or before Friday, May 4, 2018. It is so ordered. Signed by Magistrate Judge Tu M. Pham on 4/30/2018. (TEXT ORDER ONLY - NO IMAGE ATTACHED) (Pham, Tu) [Transferred from tnwd on 7/12/2018.]
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| Filing 27 MOTION for Leave to File Reply and Incorporated Memorandum in Support (Proposed Order Submitted) by All Defendants. (Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
| Filing 26 RESPONSE in Opposition re #19 MOTION to Dismiss , Stay, or Transfer Under First-to-File Rule or to Transfer Venue Under 28 U.S.C. 1404(a) (Proposed Order Submitted) filed by Melvin Brown, Tara Johnson. (Chalos, Mark) [Transferred from tnwd on 7/12/2018.] |
| Filing 25 RESPONSE in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(b)(6) filed by Melvin Brown, Tara Johnson. (Attachments: #1 Exhibit A)(Chalos, Mark) [Transferred from tnwd on 7/12/2018.] |
| Filing 24 NOTICE by Intelemedia Communications, Inc., Intelemedia Premier Leads, LLC re #19 MOTION to Dismiss , Stay, or Transfer Under First-to-File Rule or to Transfer Venue Under 28 U.S.C. 1404(a) (Proposed Order Submitted) - Supplemental Notice re. Motion (Attachments: #1 Exhibit A - Email from Florida Counsel to D. Bernard)(Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
| Filing 23 NOTICE by Intelemedia Communications, Inc., Intelemedia Premier Leads, LLC re #19 MOTION to Dismiss , Stay, or Transfer Under First-to-File Rule or to Transfer Venue Under 28 U.S.C. 1404(a) (Proposed Order Submitted) (Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
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Filing 22
Text ORDER granting #20 Motion to Continue. The motion to continue the Rule 16(b) scheduling conference is hereby granted. The court will notify the parties of the new date for the Rule 16(b) conference by separate order or setting letter. It is so ordered. Signed by Magistrate Judge Tu M. Pham on 4/17/2018. (TEXT ORDER ONLY - NO IMAGE ATTACHED) (Pham, Tu) [Transferred from tnwd on 7/12/2018.]
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| Filing 21 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #20 MOTION to Continue filed by Tara Johnson, Melvin Brown has been filed. For future reference, please note document was submitted by Mark Chalos, but contains the electronic signature of Andrew Kaufman. Please refer to the #ECF User Manual and #ECF Policies and Procedures. Filer is not required to resubmit document. (jae) [Transferred from tnwd on 7/12/2018.] |
| Filing 20 MOTION to Continue by Melvin Brown, Tara Johnson. (Chalos, Mark) [Transferred from tnwd on 7/12/2018.] |
| Filing 19 MOTION to Dismiss , Stay, or Transfer Under First-to-File Rule or to Transfer Venue Under 28 U.S.C. 1404(a) (Proposed Order Submitted) by All Defendants. (Attachments: #1 Memorandum in Support of Defendants' Motion to Dismiss, Stay, or Transfer Under First-to-File Rule or to Transfer Venue Under 28 U.S.C. 1404(a), #2 Exhibit A - Potter Article, #3 Exhibit B - Docket Report from Case No. 2:18-cv-02018, #4 Exhibit C - Docket Report from Case No. 5:17-cv-00433, #5 Exhibit D - Operative Complaints from Florida Action and Tennessee Action)(Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Pursuant to Rule 12(b)(6) by All Defendants. (Attachments: #1 Memorandum in Support of Defendants' Rule 12(b)(6) Motion to Dismiss, #2 Exhibit A - Copy of Website)(Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice for Debra Bernard (Filing fee $ 150 receipt number 0651-2765133) by Intelemedia Communications, Inc., Intelemedia Premier Leads, LLC. (Attachments: #1 Certificates of Good Standing)(Bernard, Debra) [Transferred from tnwd on 7/12/2018.] |
| Filing 16 SETTING LETTER: Telephonic Scheduling Conference set for Thursday, 5/10/2018 at 11:00 AM before Judge Jon Phipps McCalla. (btg) [Transferred from tnwd on 7/12/2018.] |
| Filing 15 NOTICE of Appearance by Gary Scott Peeples on behalf of All Defendants (Peeples, Gary) [Transferred from tnwd on 7/12/2018.] |
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Filing 14
ORDER granting #13 Motion for Extension of Time to Answer. Signed by Judge Jon Phipps McCalla on 3/8/2018. (McCalla, Jon) (Main Document 14 replaced on 3/8/2018) (McCalla, Jon). [Transferred from tnwd on 7/12/2018.]
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| Filing 13 MOTION for Extension of Time to File Answer Proposed Order Submitted by Melvin Brown, Tara Johnson. (Chalos, Mark) [Transferred from tnwd on 7/12/2018.] |
| Filing 12 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #11 Stipulation filed by Tara Johnson, Melvin Brown has been filed. For future reference, please note: Parties cannot stipulate to an extension of time. Only the court can grant this request. Filer should file a "(Consent)Motion for extension of time" and email a proposed order to chambers. Please refer to the #ECF User Manual and #ECF Policies and Procedures. (jae) [Transferred from tnwd on 7/12/2018.] |
| Filing 11 STIPULATION for and Extension of Time for Defendants to Answer or Otherwise Plead to Plaintiffs Complaint by Melvin Brown, Tara Johnson. (Chalos, Mark) [Transferred from tnwd on 7/12/2018.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by Tara Johnson, Melvin Brown. Intelemedia Premier Leads, LLC waiver sent on 1/5/2018, answer due 3/6/2018. (Chalos, Mark) [Transferred from tnwd on 7/12/2018.] |
| Filing 9 WAIVER OF SERVICE Returned Executed by Tara Johnson, Melvin Brown. Intelemedia Communications, Inc. waiver sent on 1/5/2018, answer due 3/6/2018. (Chalos, Mark) [Transferred from tnwd on 7/12/2018.] |
| Filing 2 NOTICE of Appearance by Ben Miller on behalf of All Plaintiffs (Miller, Ben) [Transferred from tnwd on 7/12/2018.] |
| Filing 8 Summons Issued as to Intelemedia Premier Leads, LLC. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) [Transferred from tnwd on 7/12/2018.] |
| Filing 7 Summons Issued as to Intelemedia Communications, Inc.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld) [Transferred from tnwd on 7/12/2018.] |
| Filing 6 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) [Transferred from tnwd on 7/12/2018.] |
| Filing 5 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) [Transferred from tnwd on 7/12/2018.] |
| Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) [Transferred from tnwd on 7/12/2018.] |
| Filing 3 Judge Jon Phipps McCalla and Magistrate Judge Tu M. Pham added. (jld) [Transferred from tnwd on 7/12/2018.] |
| Filing 1 COMPLAINT against Intelemedia Communications, Inc., Intelemedia Premier Leads, LLC (Filing fee $ 400 receipt number 0651-2699246), filed by Tara Johnson, Melvin Brown. (Attachments: #1 Civil Cover Sheet, #2 Summons for Intelemedia Communications, Inc., #3 Summons for Intelemedia Premier Leads, LLC)(Chalos, Mark) [Transferred from tnwd on 7/12/2018.] |
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