Johnson v. Whaleco, Inc.
| Theresa Johnson |
| Whaleco, Inc. doing business as TEMU |
| 5:2023cv00403 |
| June 27, 2023 |
| US District Court for the Middle District of Florida |
| Philip R Lammens |
| Gregory A Presnell |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER denying #20 Motion to Dismiss and to Compel Arbitration. Signed by Judge Gregory A. Presnell on 10/13/2023. (BTM)
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| Filing 28 SECOND NOTICE of supplemental authority re #25 Notice of filing supplemental authority, #20 MOTION to Dismiss and Compel Arbitration by Whaleco, Inc. (Attachments: #1 Exhibit A)(Stines, Robert) |
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Filing 27
ORDER granting #22 Motion to Stay Discovery. Signed by Magistrate Judge Philip R. Lammens on 9/27/2023. (EE)
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| Filing 26 NOTICE of supplemental authority re #21 Response in Opposition to Motion by Theresa Johnson. (Attachments: #1 Exhibit - Valiente v. Nexgen Global, LLC)(Hiraldo, Manuel) |
| Filing 25 NOTICE of supplemental authority re #20 MOTION to Dismiss by Whaleco, Inc.. (Stines, Robert) |
| Filing 24 RESPONSE in Opposition re #22 MOTION to Stay Discovery and for a Protective Order filed by Theresa Johnson. (Hiraldo, Manuel) |
| Filing 23 NOTICE by Whaleco, Inc. Initial Disclosures (Stines, Robert) |
| Filing 22 MOTION to Stay Discovery and for a Protective Order by Whaleco, Inc.. (Stines, Robert) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 21 RESPONSE in Opposition re #20 MOTION to Dismiss filed by Theresa Johnson. (Hiraldo, Manuel) |
| Filing 20 MOTION TO DISMISS CASE AND COMPEL ARBITRATION with MEMORANDUM in support re #1 Complaint Motion to Compel Arbitration and to Dismiss filed by Whaleco, Inc.. (Stines, Robert) Modified on 8/22/2023 (AKC). |
| Filing 19 RESPONSE re #17 Order directing compliance filed by Whaleco, Inc.. (Stines, Robert) |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #17 Order directing compliance by Whaleco, Inc.. (Stines, Robert) |
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Filing 17
ORDER directing Defendant's compliance to Interested Persons Order #11 within 14 days from the date of this order. Signed by Judge Gregory A. Presnell on 8/10/2023. (AKC)
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| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re #12 Order directing compliance filed by Theresa Johnson. (Eisenband, Michael) |
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Filing 15
CASE MANAGEMENT AND SCHEDULING ORDER (CLASS CERTIFICATION): Plaintiff expert disclosure due by 2/12/2024; Defendant expert disclosure due by 3/15/2024; Class Discovery due by 4/12/2024; motion for class certification due by 5/1/2024; Defendants Response to Motion for Class Certification due 5/15/2024; Plaintiff's rebuttal due by 5/31/2024; Hearing on class certification to be determined at a later date. Signed by Judge Gregory A. Presnell on 8/7/2023. (AKC)
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| Filing 14 CASE MANAGEMENT REPORT. (Hiraldo, Manuel) |
| Filing 13 NOTICE by Theresa Johnson re #12 Order directing compliance Notice of Pendency of Other Actions (Eisenband, Michael) |
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Filing 12
ORDER directing Plaintiff's compliance to Initial Case Order #3. Notice of Pendency of Other Action and response due by 8/4/2023. Signed by Judge Gregory A. Presnell on 7/21/2023. (AKC)
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Filing 11
INTERESTED PERSONS ORDER for Defendant Whaleco, Inc. Certificate of interested persons and corporate disclosure statement due by 8/4/2023. Signed by Judge Gregory A. Presnell on 7/21/2023. (AKC)
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Filing 10
ENDORSED ORDER granting #9 Motion for Extension of Time to File Response / Reply Responses due by 8/21/2023. Signed by Judge Gregory A. Presnell on 7/12/2023. (Presnell, Gregory)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply to Complaint by Whaleco, Inc. (Stines, Robert) Motions referred to Magistrate Judge Philip R. Lammens. |
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Filing 8
ORDER regarding Class Actions - #1 Complaint, filed by Theresa Johnson. Signed by Judge Gregory A. Presnell on 6/30/2023. (AKC)
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| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested Persons Order by Theresa Johnson. (Eisenband, Michael) |
| Filing 6 NOTICE of Lead Counsel Designation by Michael Eisenband on behalf of Theresa Johnson. Lead Counsel: Manuel Hiraldo. (Eisenband, Michael) |
| Filing 5 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). (LSS) |
| Filing 4 SUMMONS issued as to Whaleco, Inc. (LSS) |
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Filing 3
INITIAL CASE ORDER. Certificate of interested persons and corporate disclosure statement and Notice of Pendency of Other Actions due within 14 days. Signed by Judge Gregory A. Presnell on 6/27/2023. (AKC)
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| Filing 2 NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Philip R. Lammens. New case number: 5:23-cv-00403-GAP-PRL. (JG) |
| Filing 1 COMPLAINT against Whaleco, Inc. d/b/a Temu with Jury Demand (Filing fee $402 receipt number AFLMDC-20982349) filed by Theresa Johnson. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Eisenband, Michael) |
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| Plaintiff: Theresa Johnson | |
| Represented By: | Michael Eisenband |
| Represented By: | Manuel Santiago Hiraldo |
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| Defendant: Whaleco, Inc. doing business as TEMU | |
| Represented By: | Robert A Stines |
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