Federal Trade Commission et al v. Life Management Services of Orange County, LLC et al
| Federal Trade Commission and Office of the Attorney General, State of Florida, Department of Legal Affairs |
| Clarence H. Wahl, Life Management Services of Orange County, LLC, Loyal Financial & Credit Services, LLC a Florida limited liability company doing business as FOC Credit and Reward Services, IVD Recovery, LLC, KWP Services, LLC, KWP Services of Florida LLC, LPSofFla LLC, LPSofFlorida L.L.C., PW&F Consultants of Florida LLC, UAD Secure Services LLC, UAD Secure Service of FL LLC, URB Management, LLC, YCC Solutions LLC, YFP Solutions LLC, Kevin W. Guice, Chase P. Jackowski, Linda N. McNealy, Harry C. Wahl, Karen M. Wahl, Robert Guice and Timothy Woods |
| Shannon Guice, Terra Barrs, Heather Cline and Gregory Guice |
| Social Financing, Inc. |
| Kara Andrews |
| Peter J. Grilli |
| Mark J. Bernet |
| 6:2016cv00982 |
| June 7, 2016 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Orange |
| Gregory J Kelly |
| Carlos E Mendoza |
| Other Statutory Actions |
| 15 U.S.C. § 0045 Federal Trade Commission |
| None |
Docket Report
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This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.
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Filing 422
Seventh and Final Report Concerning Winding Up the Receivership, and MOTION to Conclude Receivership and Discharge Receiver by Mark J. Bernet. (Attachments: #1 Exhibit Composite Ex. A)(Bernet, Mark) Modified on 6/15/2022 (SPM).
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Filing 421
AFFIDAVIT of Costs for Eighth and Final Fee Application of Mark J. Bernet by Mark J. Bernet. (Bernet, Mark) Modified on 6/15/2022 (SPM).
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Filing 420
Verified Eighth and Final Application for Payment for Services Rendered by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Motions referred to Magistrate Judge Gregory J Kelly. Modified on 6/15/2022 (SPM).
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Filing 419
MANDATE of USCA as to #309 Notice of Appeal filed by Kevin W. Guice. Issued as Mandate: 5/2/2022. USCA number: 19-14248. AFFIRMED. (TNP)
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Filing 415
ORDER adopting #413 Report and Recommendations; granting #412 Motion for Attorney Fees. The Receiver is awarded $82,247.50 in attorney's fees and $1,623.95 in expenses. The Receiver is permitted to immediately collect $65,798.00 in attorney's fees plus $1,623.95 in expenses from the proceeds of the receivership estate and hold back $16,449.50 to be addressed by the Court at the conclusion of the case. Signed by Judge Carlos E. Mendoza on 4/6/2022. (MEH) Copies mailed.
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Filing 414
OPINION of USCA as to #309 Notice of Appeal filed by Kevin W. Guice. EOD: 03/09/2022; Mandate to issue at a later date. USCA number: 19-14248. AFFIRMED. (ARJ)
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Filing 413
REPORT AND RECOMMENDATIONS re #412 RECEIVER'S VERIFIED SEVENTH APPLICATION FOR PAYMENT FOR SERVICES RENDERED AND REIMBURSEMENT FOR COSTS INCURRED (UNOPPOSED). It is RECOMMENDED that the Court GRANT the Motion (Doc. No. 412) as follows: 1. Award the Receiver $82,247.50 in attorney's fees; 2. Award the Receiver $1,623.95 in expenses; and 3. Permit the Receiver to immediately collect $65,798.00 plus the $1,623.95 in expenses from the proceeds of the receivership estate and hold back $16,449.50, to be addressed by the Court at the conclusion of the case. A party has fourteen days from the date the Report and Recommendation is served to serve and file written objections to the Report and Recommendation's factual findings and legal conclusions. Failure to serve written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. 11th Cir. R. 3-1. Signed by Magistrate Judge David A. Baker on 3/8/2022. (MB)
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Filing 412
Unopposed Verified Seventh Interim Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Modified on 2/14/2022 (made motion) (KNC).
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Filing 411
US Marshal 285 form for Writ of Continuing Garnishment on Kevin Guice. (Lappe, Dillon)
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Filing 410
ANSWER to Writ of Garnishment by Social Financing, Inc.. (Attachments: #1 Mailing Envelope)(RDO)
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Filing 409
Receiver's Sixth Interim STATUS Report, concerning the Court's Disgorgement Order and Related Events by Mark J. Bernet. (Attachments: #1 Exhibit A)(Bernet, Mark) Modified on 1/21/2022 (SPM).
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Filing 405
ORDER granting #399 Motion for Attorney Fees; granting in part and denying in part #400 Motion for Attorney Fees; adopting #401 Report and Recommendations; adopting #402 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 10/15/2021. (KMS)
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Filing 402
REPORT AND RECOMMENDATIONS re #400 RECEIVER'S UNOPPOSED SECOND APPLICATION FOR PAYMENT FOR SERVICES RENDERED AND REIMBURSEMENT FOR COSTS INCURRED BY AKERMAN LLP. It is RECOMMENDED that the Motion be GRANTED IN PART in that Akerman be awarded $33,742 in fees and $1,078.95 in expenses. In all other respects it is RECOMMENDED that the Motion be DENIED. See Report and Recommendation for additional details. NOTICE: A party has fourteen days from the date the Report and Recommendation is served to serve and file written objections to the Report and Recommendation's factual findings and legal conclusions. Failure to serve written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. 11th Cir. R. 3-1. Signed by Magistrate Judge Gregory J. Kelly on 9/22/2021. (KRR)
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Filing 401
REPORT AND RECOMMENDATIONS re #399 Unopposed Verified Sixth Application for Payment for Services Rendered and Reimbursement for Costs Incurred filed by Mark J. Bernet. It is RECOMMENDED that the Court GRANT the Motion (Doc. No. 399) as follows: 1. Award the Receiver $93,860.00 in attorney's fees; 2. Award the Receiver $929.44 in expenses; and 3. Permit the Receiver to immediately collect $75,088.00 plus the $929.44 in expenses from the proceeds of the receivership estate and hold back $18,772.00, to be addressed by the Court at the conclusion of the case. A party has fourteen days from the date the Report and Recommendation is served to serve and file written objections to the Report and Recommendation's factual findings and legal conclusions. Failure to serve written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. 11th Cir. R. 3-1. Signed by Magistrate Judge Gregory J. Kelly on 9/17/2021. (MB)
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Filing 400
Unopposed Second Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Akerman LLP by Mark J. Bernet. (Attachments: #1 Exhibit A)(Bernet, Mark) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 8/23/2021 (SPM).
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Filing 399
Unopposed Verified Sixth Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 8/23/2021 (SPM).
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Filing 398
Corrected MANDATE of USCA as to #388 Notice of Appeal filed by Shannon Guice, Kevin W. Guice Issued as Mandate: 5/19/2021. USCA number: 21-10688. DISMISSED. (TNP)
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Filing 397
ORDER ADOPTING #396 Report and Recommendations; granting #393 Motion for Attorney Fees. The Receiver is awarded $59,052.50 in attorney's fees and $476.42 in expenses. The receiver is permitted to immediately collect $47,242.00 in fees plus $476.42 in expenses from the proceeds of the receivership estate and but shall hold back $11,810.50, to be addressed by the Court at the conclusion of the case. Signed by Judge Carlos E. Mendoza on 5/11/2021. (MEH) ctp
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ACKNOWLEDGMENT by USCA of receiving 1 volume of exhibits: One CD labeled as Exhibits 1-158 (Exhibits for Memorandum located at DE #12 and Exhibit List located at DE #13) and Exhibits 159-200 (located at DE #164) on 03/10/2021 re #309 Notice of Appeal. USCA number: 19-14248. (ALL)
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Filing 396
REPORT AND RECOMMENDATIONS re #393 Receiver's Amended Verified Fifth Application for Payment for Services Rendered and Reimbursement for Costs Incurred, and Motion to be Partially Excused from Compliance with Local Rule 3.01(g). It is RECOMMENDED that the Court GRANT the Motion. A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. Failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. 11th Cir. R. 3-1. Signed by Magistrate Judge Gregory J. Kelly on 4/23/2021. (MB)
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Filing 395
ORDER denying for failure to comply with Local Rule 3.01(g) #394 MOTION FOR PERMISSION TO APPEAL IN FORMA PAUPERIS AND AFFIDAVIT. Signed by Magistrate Judge Gregory J. Kelly on 3/23/2021. (MB)
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Filing 394
MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Kevin W. Guice, Shannon Guice. (DS)
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Filing 393
Receiver's Amended Verified Fifth Application for Payment for Services Rendered and Reimbursement for Costs Incurred, and Motion to be Partially Excused from Compliance with Local Rule 3.01(g) by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 3/9/2021 (SPM).
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Filing 392
ORDER denying #391 RECEIVER'S VERIFIED FIFTH APPLICATION FOR PAYMENT FOR SERVICES RENDERED AND REIMBURSEMENT FOR COSTS INCURRED, AND MOTION TO BE PARTIALLY EXCUSED FROM COMPLIANCE WITH LOCAL RULE 3.01(g) for failing to comply with Local Rule 1.08. Signed by Magistrate Judge Gregory J. Kelly on 3/8/2021. (MB)
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Filing 391
Receiver's Verified Fifth Application for Payment for Services Rendered and Reimbursement for Costs Incurred, and Motion to be Partially Excused from Compliance with Local Rule 3.01(g) by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 3/8/2021 (SPM).
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Filing 390
CERTIFICATE of readiness sent to USCA re: #309 Notice of Appeal. ROA consists of 1 volume of exhibits: One CD labeled as Exhibits 1-158 (Exhibits for Memorandum located at DE #12 and Exhibit List located at DE #13) and Exhibits 159-200 (located at DE #164). USCA number: 19-14248. (TNP) (TNP).
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RECORD on appeal sent to USCA vis USPS Certified Mail (tracking # 7014 3490 0000 3244 7486) re #309 Notice of Appeal. Transmittal includes 1 volume of exhibits: One CD labeled as Exhibits 1-158 (Exhibits for Memorandum located at DE #12 and Exhibit List located at DE #13) and Exhibits 159-200 (located at DE #164). USCA number 19-14248 (TNP)
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Filing 389
TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #388 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (SPM)
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Filing 388
NOTICE OF APPEAL as to #387 Order by Kevin W. Guice, Shannon Guice. Filing fee not paid. (DS)
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Filing 387
ORDER denying #370 Motion to Alter Judgment; denying as moot #372 Motion for Extension of Time; denying #373 Motion to Stay; granting #375 Motion to Put Receiver Into Possession; granting #385 Emergency Motion. Signed by Judge Carlos E. Mendoza on 1/29/2021. (KMS)
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Filing 386
RESPONSE to Motion re #385 Emergency MOTION for Miscellaneous Relief, specifically specifically for Order Directing Marshals to put Receiver into Possession of Oriskany Drive Property (Emergency Supplement to Docket No. #375) filed by Kevin W. Guice, Shannon Guice. (DS)
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Filing 385
Emergency MOTION for Miscellaneous Relief, specifically specifically for Order Directing Marshals to put Receiver into Possession of Oriskany Drive Property (Emergency Supplement to Docket No. #375) by Mark J. Bernet. (Attachments: #1 Exhibit A)(Bernet, Mark)
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Filing 384
NOTICE of lis pendens by Mark J. Bernet (Bernet, Mark)
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Filing 383
ENDORSED ORDER denying #380 and #381 Motions for Extensions of Time. The Guices are not entitled to file Replies and have not provided good cause to do so. Signed by Judge Carlos E. Mendoza on 1/27/2021. (KMS)
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Filing 382
RESPONSE in Opposition re #381 MOTION for Extension of Time to File Response/Reply as to #377 Memorandum in opposition, #376 Response to motion filed by Mark J. Bernet. (Bernet, Mark)
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Filing 381
MOTION for Extension of Time to File Reply as to #377 Memorandum in opposition, #376 Response to motion by Kevin W. Guice, Shannon Guice. (DS)
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Filing 380
MOTION for Extension of Time to File Reply as to #379 Response in Opposition to Motion, #378 Response in Opposition to Motion by Kevin W. Guice, Shannon Guice. (DS)
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Filing 379
RESPONSE in Opposition re #373 MOTION to Stay filed by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Exhibit Civil Appeal Statement)(Knutton, Jennifer)
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Filing 378
RESPONSE in Opposition re #373 MOTION to Stay filed by Mark J. Bernet. (Bernet, Mark)
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Filing 377
MEMORANDUM in opposition re #370 Motion to Alter Judgment filed by Federal Trade Commission. (Lappe, Dillon)
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Filing 376
RESPONSE to Motion re #370 Amended MOTION to Alter Judgment filed by Mark J. Bernet. (Bernet, Mark) Modified on 1/12/2021 (SPM).
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Filing 375
MOTION for Miscellaneous Relief, specifically for Order Directing Marshals to put Receiver into Possession of Oriskany Drive Property by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bernet, Mark)
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Filing 374
ENDORSED ORDER taking under advisement #373 Emergency Motion for Stay. Movants have not set forth a basis for the Court to address the Motion prior to receiving the opposing parties' responses. Thus, the Court will address the Motion once it becomes ripe. Signed by Judge Carlos E. Mendoza on 1/4/2021. (KMS)
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Filing 371
ENDORSED ORDER denying as moot #369 Motion to Alter Judgment in light of #370 Amended Motion to Alter Judgment. Signed by Judge Carlos E. Mendoza on 1/4/2021. (KMS)
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Filing 373
EMERGENCY MOTION for Stay Pending Appeal and Motion to Alter Judgment and Temporary Stay Pending Consideration of Motion by Kevin W. Guice. (TNP)
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Filing 372
MOTION for Motion to Alter Judgment at #369 be considered received in a timely manner (not signed) by Kevin W. Guice, Shannon Guice. (TNP)
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Filing 370
Amended MOTION to Alter or Amend Judgment by Kevin W. Guice, Shannon Guice. (TNP)
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Filing 369
MOTION to Alter Judgment by Kevin W. Guice, Shannon Guice. (not signed)(TNP)
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Filing 368
ORDER granting #293 Motion for miscellaneous relief, specifically Relief from Order by Mark J. Bernet. The Court's September 24, 2019 Order (Doc. 292) is VACATED to the extent that it applied to the interests of Shannon Guice. See order for details. 3.The Report and Recommendation (Doc. 239) is ADOPTED and CONFIRMED in part as identified herein. Receiver's Motion to Compel Disgorgement of Assets from Defendant Kevin Guice and His Spouse, Shannon Guice, to Impose Constructive Trust, and for Other Equitable Relief (Doc. 198) is GRANTED in part. Kevin Guice and Shannon Guice, jointly and severally, SHALL RETURN OR DISGORGE $8,593,352.60 that they received from the Receivership Defendants. On or before December 14, 2020, Kevin Guice SHALL update his financial disclosure. A constructive trust is imposed over the Guices' homestead located at 3609 Oriskany Drive, Orlando, Florida 32820. Receiver is authorized to take control of the property for the purpose of liquidating it into cash. As to any other property or assets of the Guices for which Receiver can trace the ill-gotten gains to the purchase of the property or assets, Receiver may file a motion detailing such tracing and this property can then be placed into the constructive trust to be liquidated. The Motion is otherwise denied. Signed by Judge Carlos E. Mendoza on 11/30/2020. (MEH) Copies mailed.
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Filing 367
ORDER denying #362 Motion for Protective Order for Shannon Guice; denying #363 Motion for Protective Order for Gregory Guice. Signed by Magistrate Judge Gregory J. Kelly on 10/14/2020. (MB)
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Filing 366
ORDER denying #360 MOTION TO QUASH AS TO SUBPOENA DOCUMENTS FOR GREGORY GUICE FROM PAYPAL HOLDINGS, INC.; denying #361 MOTION TO QUASH AS TO SUBPOENA DOCUMENTS FOR SHANNON GUICE FROM PAYPAL HOLDINGS, INC. Signed by Magistrate Judge Gregory J. Kelly on 9/14/2020. (MB)
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Filing 365
Subpoena to produce documents dated 9/2/20 by Gregory Guice, Shannon Guice (LAK)
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Filing 364
Bankruptcy discharge by Shannon Guice (LAK)
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Filing 363
MOTION for Protective Order by Gregory Guice. (LAK) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 362
MOTION for Protective Order by Shannon Guice. (LAK) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 361
MOTION to Quash subpoena documents from PayPal Holdings, Inc. by Shannon Guice. (LAK) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 360
MOTION to Quash subpoena documents from PayPal Holdings, Inc. by Gregory Guice. (LAK) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 359
ORDER denying #355 MOTION FOR PROTECTIVE ORDER FOR SHANNON GUICE; denying #356 MOTION TO QUASH AS TO SUBPOENA DOCUMENTS FOR SHANNON GUICE FROM PAYPAL HOLDINGS, INC.; denying #357 MOTION FOR PROTECTIVE ORDER FOR GREGORY GUICE; denying #358 MOTION TO QUASH AS TO SUBPOENA DOCUMENTS FOR GREGORY GUICE FROM PAYPAL HOLDINGS, INC. Signed by Magistrate Judge Gregory J. Kelly on 9/8/2020. (MB)
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Filing 358
MOTION to Quash as to subpoena documents from PayPal Holdings, Inc. by Gregory Guice. (SPM) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 357
MOTION for Protective Order by Gregory Guice. (SPM) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 356
MOTION to Quash as to subpoena documents from PayPal Holdings, Inc. by Shannon Guice. (SPM) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 355
MOTION for Protective Order by Shannon Guice. (SPM) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 354
EMERGENCY SUPPLEMENT and Request for Oral Argument re #293 MOTION for miscellaneous relief, specifically relief from Order by Mark J. Bernet. (Attachments: #1 Exhibit A)(Bernet, Mark) Modified on 8/14/2020 (SPM).
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Filing 353
NOTICE of Filing United States Bankruptcy Court Chapter 7 Discharge of Debtor by Shannon Guice. (Not Signed) (Attachments: #1 Order of Discharge)(ALL)
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Filing 352
ORDER granting #343 AMENDED MOTION TO WITHDRAW AS COUNSEL FOR WITNESS TERRA BARRS AND FOR KEVIN W. GUICE. Attorney Henry G. Gyden terminated. Signed by Magistrate Judge Gregory J. Kelly on 6/15/2020. (MB)
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Filing 351
REPLY to Response to Motion re #343 Amended MOTION for Henry G. Gyden to Withdraw as Attorney filed by Kevin W. Guice. (Gyden, Henry)
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Filing 350
ENDORSED ORDER denying as moot #348 UNOPPOSED MOTION REQUESTING LEAVE TO FILE A REPLY TO FEDERAL TRADE COMMISSION'S AMENDED NOTICE TO THE COURT (DKT. 345); granting #349 UNOPPOSED AMENDED MOTION FOR LEAVE TO FILE A REPLY TO FEDERAL TRADE COMMISSION'S AMENDED NOTICE TO COURT (DKT. 345). Gyden may file a reply not exceeding ten pages on or before June 1, 2020. Signed by Magistrate Judge Gregory J. Kelly on 5/28/2020. (MB)
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Filing 349
Unopposed Amended MOTION for Leave to File Other Document :Reply re #345 AMENDED Notice to the Court by Kevin W. Guice. (Gyden, Henry) Modified on 5/28/2020 (SPM).
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Filing 348
Unopposed MOTION for Leave to File Other Document :Reply by Kevin W. Guice. (Gyden, Henry)
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Filing 347
ORDER denying #346 MOTION TO WITHDRAW AS COUNSEL OF RECORD. Signed by Magistrate Judge Gregory J. Kelly on 5/26/2020. (MB)
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Filing 346
MOTION for Leslie Schultz-Kin to Withdraw as Attorney by Mark J. Bernet. (Schultz-Kin, Leslie) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 345
AMENDED Notice to the Court by Federal Trade Commission. Amendment to #344 Notice . (Attachments: #1 Affidavit Declaration of Dillon Joseph Lappe)(Lappe, Dillon) Modified on 5/26/2020 (SPM).
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Filing 344
NOTICE by Federal Trade Commission re #343 Amended MOTION for Henry G. Gyden to Withdraw as Attorney (Attachments: #1 Affidavit Declaration of Dillon Joseph Lappe)(Lappe, Dillon)
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Filing 343
Amended MOTION for Henry G. Gyden to Withdraw as Attorney by Kevin W. Guice. (Gyden, Henry) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 342
ORDER denying #339 Terra Barrs's Motion to Quash Judicial Subpoena and Incorporated Memorandum of Law. Signed by Magistrate Judge Thomas B. Smith on 4/17/2020. (MB)
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Filing 341
ORDER denying without prejudice #340 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas B. Smith on 4/17/2020. (Smith, Thomas)
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Filing 340
MOTION for Henry G, Gyden to Withdraw as Attorney by Terra Barrs, Kevin W. Guice. (Gyden, Henry) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 339
MOTION to Quash Judicial Subpoenas by Terra Barrs. (Gyden, Henry)
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Filing 338
BENCH WARRANT RETURNED EXECUTED by US Marshal's Service; Terra Barrs arrested on 12/11/2019. (MAA) (MAA).
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Filing 337
ORDER discharging Terra Barrs. It is ORDERED that the United States Marshal immediately release Terra Barrs. Signed by Judge Carlos E. Mendoza on 12/11/2019. (DJD)
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Filing 336
Minute Entry. Proceedings held before Judge Carlos E. Mendoza: MISCELLANEOUS HEARING held on 12/11/2019. Terra Barrs was taken into custody by the U.S. Marshal prior to the hearing and is deposed by the plaintiffs in the Courthouse. Court advises counsel Henry Gyden that there may be a conflict in his representation of Barrs. Court stands by for any issues that may arise during the deposition. Plaintiff advises the Court that it has completed the questioning of Terra Barrs. The Court orders the Marshal to immediately release Terra Barrs. Counsel for Pltf. Federal Trade Commission: Alejandro Rosenberg, and Dillon Lappe; Counsel for Pltf. Office of the Attorney General: Jennifer H. Knutton and and Paul Courtright; Counsel for Teresa Barrs: Henry Gyden; Receiver; Mark Bernet also present. Times; 9:30-9:35 a.m; 2:15-2:25 p.m. and 3:55-4:00 p.m. Total time: 20 minutes. Court Reporter: Suzanne L. Trimble (DJD)
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Filing 335
NOTICE of Limited Appearance by Henry G. Gyden on behalf of Terra Barrs (Gyden, Henry)
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Filing 333
ORDER granting #331 Emergency Motion for Sanctions and Coercive Incarceration to Compel Terra Barrs to Appear for Her December 10, 2019 Deposition. The United States Marshal is directed to immediately arrest and detain Terra Barrs until she participates in her deposition. A bench warrant is being issued in conjunction with this Order. The United States Marshal is further directed to transport Terra Barrs to appear in Courtroom 5B, at 9:30 a.m. on Wednesday, December 11, 2019. Signed by Judge Carlos E. Mendoza on 12/10/2019. (DJD)
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Filing 332
Minute Entry. Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 12/10/2019. Plaintiff advises the Court that Terra Barrs has failed to appear for her deposition. Parties supplement the record with further argument to the Court on their emergency motion for sanctions and coercive incarceration to compel Terra Barrs to appear for her deposition. Court to issue order and bench warrant for Terra Barrs and sets hearing at 9:30 a.m. on Wednesday, December 11, 2019 in Courtroom No. 5B. Plaintiff advises the Court that Ms. Cline is taking the fifth amendment on most questions asked during her deposition today; Court orders Ms. Cline to remain and finish her deposition today. Counsel for Pltf. Federal Trade Commission: Alejandro Rosenberg and Dillon Lappe; Counsel for Pltf. Office of the Attorney General: Jennifer Knutton; Counsel for Receiver; Mark Bernet. Start time: 1:20 p.m; End time: 1:35 p.m. Total time: 15 minutes. Court Reporter: Suzanne L. Trimble (DJD)
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Filing 331
Emergency MOTION for sanctions against Terra Barrs for failure to appear at her December 10, 2019 deposition by Federal Trade Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Compelling Coercive Incarceration)(Rosenberg, Alejandro)
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Filing 330
NOTICE of Limited Appearance by Henry G. Gyden on behalf of Kevin W. Guice (Gyden, Henry)
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Filing 329
ORDER denying #328 Motion for Protective Order. Signed by Magistrate Judge Thomas B. Smith on 12/9/2019. (Smith, Thomas)
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Filing 328
MOTION for protective order by Terra Barrs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(SPM) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 327
ORDER denying #323 Motion to Quash. Signed by Judge Carlos E. Mendoza on 12/9/2019. (KMS)
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Filing 326
ORDER denying #313 Motion for leave to appeal in forma pauperis/affidavit of indigency; adopting #314 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 12/6/2019. (KMS)
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Filing 325
RESPONSE in Opposition re #323 MOTION to quash subpoena to testify at a deposition in civil action filed by Federal Trade Commission. (Rosenberg, Alejandro)
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Filing 324
NOTICE by Heather Cline re #323 MOTION to quash subpoena to testify at a deposition in civil action (SPM)
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Filing 323
MOTION to quash subpoena to testify at a deposition in civil action by Heather Cline. (SPM)
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Filing 322
ORDER denying #319 MOTION TO QUASH SUBPONEA [sic] TO TESTIFY AT A DEPOSITION IN CIVIL ACTION. Signed by Magistrate Judge Gregory J. Kelly on 12/6/2019. (MB) (MB).
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Filing 321
RESPONSE in Opposition re #319 MOTION to quash subpoena to testify at a deposition in civil action filed by Federal Trade Commission. (Attachments: #1 Affidavit Rosenberg Declaration, #2 Exhibit Ex. A to Rosenberg Dec, #3 Exhibit Ex. B to Rosenberg Dec, #4 Exhibit Ex. C to Rosenberg Dec, #5 Exhibit Ex. D to Rosenberg Dec, #6 Exhibit Ex. E to Rosenberg Dec, #7 Exhibit Ex. F to Rosenberg Dec, #8 Exhibit Ex. G to Rosenberg Dec, #9 Exhibit Ex. H to Rosenberg Dec, #10 Exhibit Ex. I to Rosenberg Dec)(Rosenberg, Alejandro)
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Filing 320
NOTICE by Terra Barrs re #319 MOTION to quash subpoena to testify at a deposition in civil action (SPM)
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Filing 319
MOTION to quash subpoena to testify at a deposition in civil action by Terra Barrs. (Attachments: #1 Supporting Documents)(SPM) Modified on 12/5/2019 (SPM).
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Filing 318
TRANSCRIPT information form filed by Kevin W. Guice re #309 Notice of appeal. USCA number: 19-14248. (Gyden, Henry)
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Filing 317
ORDER denying #315 MOTION TO QUASH SUBPONEA [sic] TO TESTIFY AT A DEPOSITION IN CIVIL ACTION. Signed by Magistrate Judge Gregory J. Kelly on 12/4/2019. (MB)
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Filing 316
NOTICE by Terra Barrs re #315 MOTION to quash Subpoena (SPM)
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Filing 315
MOTION to quash subpoena to testify at a deposition in civil action by Terra Barrs. (Attachments: #1 Exhibit)(SPM)
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Filing 314
REPORT AND RECOMMENDATIONS re #313 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS. It is RECOMMENDED that the Court DENY the Motion (Doc. No. 313). A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. Failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. 11th Cir. R. 3-1. Signed by Magistrate Judge Gregory J. Kelly on 11/18/2019. (MB)
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Filing 313
MOTION for leave to appeal in forma pauperis/affidavit of indigency by Kevin W. Guice. (SPM) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 312
PROOF of service on 10/30/2019 of subpoena by US Marshal as to Heather Cline. (SPM)
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Filing 311
ORDER that the United States Marshal shall serve Heather Cline at 10627 Leader Ln., Orlando, Florida 32825, with a copy of this Order and a copy of the subpoena filed at docket entry 306-2. On December 10, 2019, at 1:00 p.m., Heather Cline SHALL appear at the Office of the Attorney General, 135 W. Central Blvd. Suite 1000, Orlando, FL 32801, and fully cooperate in her deposition. Signed by Judge Carlos E. Mendoza on 10/29/2019. (DJD)
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Filing 310
TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #309 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (SPM)
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Filing 309
NOTICE OF APPEAL as to #226 Judgment, #225 Order by Kevin W. Guice. Filing fee not paid. (SPM)
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Filing 308
ORDER to strike re: #305 Joint Stipulation filed by Federal Trade Commission. Signed by Magistrate Judge Gregory J. Kelly on 10/23/2019. (MB)
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Filing 307
ORDER granting #302 Motion for Protective Order. Signed by Magistrate Judge Gregory J. Kelly on 10/22/2019. (MB)
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Filing 306
STATUS report regarding the deposition of Heather Cline by Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order Compelling Heather Cline to Appear at her December 10, 2019 Deposition, #2 Supplement Subpoena for Ms. Cline to appear on December 10, 2019 as agreed to her December 10, 2019 Deposition)(Lappe, Dillon) Modified on 10/23/2019 (SPM).
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Filing 305
**STRICKEN per #308 Order** Joint STIPULATION of FTC and Terra Barrs by Federal Trade Commission. (Attachments: #1 Text of Proposed Order Requiring Terra Barrs to appear as agreed in the Joint Stipulation.)(Lappe, Dillon) Modified on 10/23/2019 (SPM). Modified on 10/24/2019 (SPM).
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Filing 303
RESPONSE in Opposition re #302 MOTION for protective order Filed by Terra Barrs filed by Mark J. Bernet. (Bernet, Mark)
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Filing 302
MOTION for protective order by Terra Barrs. (Attachments: #1 Exhibit A & B)(SPM) Motions referred to Magistrate Judge Gregory J. Kelly.
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Filing 304
Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: MOTION HEARING held on 10/18/2019 re #297 MOTION for sanctions against Heather Cline filed by Federal Trade Commission. Plaintiff supplements the record with further argument to the Court on the motion to compel. Heather Cline responds. Court instructs counsel to file a motion requesting the Court issue a subpoena for this deposition. Counsel for Pltf: Dillon Lappe; Receiver: Mark Bernet. Heather Cline appeared pro se. Start time: 9:43 a.m.; End time: 9:56 a.m. Total time: 13 minutes. Court Reporter: Suzanne L. Trimble (DJD)
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Filing 301
ENDORSED ORDER denying without prejudice #297 Motion to Compel. Plaintiff is DIRECTED to file its request for a subpoena for the deposition of Heather Cline on or before 12 p.m. on October 23, 2019. The request shall include potential dates for the deposition. Signed by Judge Carlos E. Mendoza on 10/18/2019. (TNP)
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Filing 300
NOTICE of telephonic hearing on motion re #297 MOTION for sanctions against Heather Cline. Motion Hearing set for 10/18/2019 at 09:45 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. The parties shall call 888-684-8852 five minutes before the hearing is scheduled to begin. Access Code: 8619612. Security Code: 101819. (DJD) ctp
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Filing 299
NOTICE of Service of Order Granting Motion to Withdraw as Counsel for Terra Barrs (Chong, Stephen) Modified on 10/17/2019 (SPM).
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Filing 298
RESPONSE to Motion re #293 MOTION for miscellaneous relief, specifically from Order filed by Shannon Guice. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(SPM)
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Filing 297
MOTION for sanctions against Heather Cline by Federal Trade Commission. (Attachments: #1 Exhibit Declaration, #2 Text of Proposed Order Proposed Order)(Lappe, Dillon) Modified on 10/15/2019 (SPM).
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Filing 296
ORDER granting #294 MOTION TO WITHDRAW AS COUNSEL FOR TERRA BARRS. 1) The Clerk is directed to remove Stephen C.L. Chong, Esq., and Mateer & Harbert, P.A., as counsel of record for Terra Barrs. 2) Barrs may retain substitute counsel to represent her. However, until such time as substitute counsel files a notice of appearance, Barrs shall proceed pro se. 3) As a pro se litigant, Barrs is subject to the same law and rules of court as litigants who are represented by counsel, including the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and the Local Rules. See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989). 4) Barrs shall keep the Court and the parties' counsel apprised of her current residential mailing address. If her address changes, then she shall immediately provide the Clerk, the Court, and the parties' counsel with her new residential mailing address where she may be served with process, pleadings, motions, responses, or other papers in this case. 5) Counsel shall immediately provide Barrs with a copy of this order. On or before October 17, 2019, Counsel shall file a notice with the Court certifying that he provided the copy to Barrs and the method of delivery. Signed by Magistrate Judge Gregory J. Kelly on 10/10/2019. (MB)
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Filing 295
Case Reassigned to Magistrate Judge Gregory J. Kelly. New case number: 6:16-cv-00982-Orl-41GJK. Magistrate Judge T. B. Smith no longer assigned to the case. Motion(s) REFERRED: #294 First MOTION to Withdraw as Counsel. Motion(s) referred to Magistrate Judge Gregory J. Kelly. (ALL)
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Filing 294
First MOTION to Withdraw as Counsel by Terra Barrs. (Chong, Stephen)
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Filing 293
MOTION for miscellaneous relief, specifically Relief from Order by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bernet, Mark) Modified on 10/2/2019 (SPM).
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Filing 292
ORDER denying as moot in part and DENIED without prejudice in part #198 Motion to Compel Disgorgement of Assets from Defendant Kevin Guice and His Spouse, Shannon Guice, to Impose Constructive Trust, and for other Equitable Relief; Terminating #239 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 9/24/2019. (DJD) Modified on 12/1/2020 (SPM). (Portion of Order VACATED per Order #368.)
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Filing 291
ORDER denying without prejudice #232 Motion to Alter Judgment as to the 2014 Infinity QX80. The Motion may be renewed once the bankruptcy stay is lifted. The Motion is DENIED in all other respects. Signed by Judge Carlos E. Mendoza on 9/24/2019. (DJD)
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Filing 290
NOTICE of Appearance by Dillon Joseph Lappe on behalf of Federal Trade Commission (Lappe, Dillon)
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Filing 289
ORDER granting #287 Unopposed Verified Fourth Application for Payment for Services Rendered and Reimbursement for Costs Incurred; The Receiver is awarded $50,000 in fees and $346.87 in costs to be paid out of the receivership estate for services rendered for the period beginning January 1, 2018, and ending January 24, 2019. Adopting Report and Recommendations - re #288 Report and Recommendations. Signed by Judge Carlos E. Mendoza on 7/23/2019. (DJD)
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Filing 288
REPORT AND RECOMMENDATIONS re #287 Unopposed MOTION for Attorney Fees Receiver's Unopposed Verified Fourth Application for Payment for Services Rendered and Reimbursement for Costs Incurred filed by Mark J. Bernet. Signed by Magistrate Judge Thomas B. Smith on 7/2/2019. (Smith, Thomas)
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Filing 287
Unopposed MOTION for Attorney Fees Receiver's Unopposed Verified Fourth Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 286
ORDER denying #266 Motion for Entry of Order Directing Defendant, Kevin W. Guice, to Show Cause Why He Should Not be Held in Contempt of this Court. Signed by Judge Carlos E. Mendoza on 6/26/2019. (DJD)
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Filing 285
ENDORSED ORDER granting #284 Motion to Extend Time. The deadline to wind up the receivership estate is extended. The Court will issue a new deadline by separate order once the pending matters have been addressed. Signed by Judge Carlos E. Mendoza on 6/25/2019. (KMS)
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Filing 284
MOTION to extend time to Wind Up Receivership Estate by Mark J. Bernet. (Bernet, Mark)
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Filing 283
STATUS report/Receiver's Fifth Interim Report, Concerning a Second Auction Sale of Personal Property, Providing an Accounting and the Need to Extend the Receivership by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Modified on 6/24/2019 (SPM).
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Filing 282
NOTICE of Filing Bankruptcy Court Order by Mark J. Bernet (Attachments: #1 Order Dismissing Chapter 13 Case)(Bernet, Mark) Modified on 6/19/2019 (SPM).
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Filing 281
Receiver's Fourth Interim Report, Concerning The Auction Sale of Kevin Guice's Personal Property by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Modified on 5/8/2019 (RDO).
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Filing 280
ORDER denying without prejudice #268 Motion to Compel the production of documents. Signed by Magistrate Judge Thomas B. Smith on 5/1/2019. (Smith, Thomas)
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Filing 279
NOTICE by Mark J. Bernet of Filing Bankruptcy Court Order (Attachments: #1 Order Denying Motion by Debtor for Clarification)(Bernet, Mark)
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Filing 278
AMENDED Certificate of Service by Mark J. Bernet. Re #276 Supplement . (Bernet, Mark) Modified on 4/26/2019 (SPM).
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Filing 277
NOTICE of Appearance by Alejandro Rosenberg on behalf of Federal Trade Commission (Rosenberg, Alejandro)
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Filing 276
SUPPLEMENT re #266 MOTION for order to show cause Directing Defendant, Kevin W. Guice, to Show Cause Why He Should Not Be Held in Contempt of This Court by Mark J. Bernet. (Bernet, Mark)
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Filing 275
JUDGMENT in favor of Federal Trade Commission, Office of the Attorney General, State of Florida, Department of Legal Affairs against IVD Recovery, LLC, KWP Services of Florida LLC, KWP Services, LLC, LPSofFla LLC, LPSofFlorida L.L.C., Life Management Services of Orange County, LLC, Loyal Financial & Credit Services, LLC, PW&F Consultants of Florida LLC, UAD Secure Service of FL LLC, UAD Secure Services LLC, URB Management, LLC, YCC Solutions LLC, YFP Solutions LLC, Chase P. Jackowski, Clarence H. Wahl, Karen M. Wahl, Linda N. McNealy, Robert Guice, Timothy Woods. ( Signed by Deputy Clerk) (SPM)
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Filing 274
ORDER that the Proposed Stipulated Orders (Doc. Nos. 185-1-185-13) are ADOPTED and made a part of this Order - re #185 Status report filed by Federal Trade Commission, Office of the Attorney General, State of Florida, Department of Legal Affairs. The Clerk is directed to enter judgment in favor of Plaintiff and against Defendants Chase P. Jackowski, Linda N. McNealy, Clarence H. Wahl, Karen M. Wahl, Life Management Services of Orange County, LLC, Loyal Financial & Credit Services, LLC, IVD Recovery, LLC, KWP Services, LLC, KWP Services of Florida LLC, LPSOFFLA LLC, LPSOFFLORIDA L.L.C., PW&F Consultants of Florida LLC, UAD Secure Services LLC, UAD Secure Service of FL LLC, URB Management, LLC, YCC Solutions LLC, YFP Solutions LLC, Robert Guice and Timothy Woods in the amount of $23,099,878 jointly and severally. Signed by Judge Carlos E. Mendoza on 4/23/2019. (DJD)
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Filing 273
ORDER granting #272 Motion to Withdraw, Attorney Michael A. Nardella terminated. Signed by Magistrate Judge Thomas B. Smith on 4/19/2019. (Smith, Thomas)
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Filing 272
Unopposed MOTION for Nardella & Nardella, PLLC and Michael A. Nardella, Esq. to withdraw as attorney for Defendant, Kevin W. Guice and Summary Procedures Party Shannon Guice by Kevin W. Guice, Shannon Guice. (Nardella, Michael) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 271
RESPONSE in Opposition re #268 MOTION to Compel Discovery from Shannon Guice with Incorporated Memorandum of Law filed by Shannon Guice. (Nardella, Michael)
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Filing 270
RESPONSE in Opposition re #266 MOTION for order to show cause Directing Defendant, Kevin W. Guice, to Show Cause Why He Should Not Be Held in Contempt of This Court with Incorporated Memorandum of Law filed by Kevin W. Guice. (Nardella, Michael)
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Filing 269
ORDER denying without prejudice #265 Motion for Protective Order. Signed by Magistrate Judge Thomas B. Smith on 4/15/2019. (Smith, Thomas)
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Filing 268
MOTION to Compel Discovery from Shannon Guice by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bernet, Mark) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 267
NOTICE of Compliance re #262 Order on Motion to Withdraw as Attorney (Attachments: #1 Exhibit Return Receipt) by Clarence H. Wahl (Hilal, Elias) Modified on 4/3/2019 (SPM).
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Filing 266
MOTION for order to show cause Directing Defendant, Kevin W. Guice, to Show Cause Why He Should Not Be Held in Contempt of This Court by Mark J. Bernet. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Bernet, Mark)
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Filing 265
Amended MOTION for protective order by Terra Barrs. (Chong, Stephen) Modified on 3/28/2019 (SPM).
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Filing 264
ORDER denying without prejudice for failure to comply with Local Rules 3.01(a) and (g) #263 Motion for Protective Order. Signed by Magistrate Judge Thomas B. Smith on 3/27/2019. (Smith, Thomas)
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Filing 263
First MOTION for protective order by Terra Barrs. (Chong, Stephen) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 262
ORDER granting #257 Motion to Withdraw, Attorney Elias R. Hilal terminated. Signed by Magistrate Judge Thomas B. Smith on 3/27/2019. (Smith, Thomas)
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Filing 261
ORDER denying as moot #255 Motion to Withdraw as Attorney; granting #260 Motion to Withdraw Attorney Matthew Anthony Leibert terminated. Signed by Magistrate Judge Thomas B. Smith on 3/25/2019. (Smith, Thomas)
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Filing 260
Amended MOTION for Matthew A. Leibert to withdraw as attorney by Robert Guice. (Leibert, Matthew) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 259
RESPONSE to #258 Objection re #257 MOTION for to withdraw as attorney by Clarence H. Wahl, Karen M. Wahl. (Hilal, Elias) Modified on 3/25/2019 (BIA).
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Filing 258
OBJECTION re #257 MOTION for to withdraw as attorney by Mark J. Bernet(Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Modified on 3/25/2019 (BIA).
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Filing 257
MOTION for to withdraw as attorney by Clarence H. Wahl, Karen M. Wahl. (Hilal, Elias) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 256
ORDER carrying #255 motion for leave to withdraw. Signed by Magistrate Judge Thomas B. Smith on 3/20/2019. (Smith, Thomas)
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Filing 255
MOTION for Matthaw A. Leibert to withdraw as attorney by Robert Guice. (Leibert, Matthew) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 254
STATUS report/Receiver's Third Interim Report, Concerning the Recovery of Safes, Cash and a Gun, and Concerning Kevin Guice's New Telemarketing Operation by Mark J. Bernet. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Bernet, Mark) Modified on 3/8/2019 (SPM).
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Filing 253
NOTICE of Service of Ex Parte Order by Mark J. Bernet (Schultz-Kin, Leslie) Modified on 3/1/2019 (SPM).
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Filing 249
RESPONSE to #246 objections re #239 Report and Recommendations by Mark J. Bernet. (Bernet, Mark) Modified on 2/20/2019 (SPM).
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Filing 248
NOTICE of Filing Order Modifying Automatic Stay by Mark J. Bernet (Attachments: #1 Order)(Bernet, Mark) Modified on 2/20/2019 (SPM).
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Filing 247
MEMORANDUM in opposition re #232 Motion to Alter Judgment filed by Federal Trade Commission. (Attachments: #1 Exhibit 1)(Srimushnam, Tejasvi)
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Filing 246
OBJECTION re #239 REPORT AND RECOMMENDATIONS re #198 MOTION to Compel Disgorgement of Assets from Defendant Kevin Guice and His Spouse, Shannon Guice, to Impose Constructive Trust, and for Other Equitable Relief filed by Mark J. Bernet. with Incorporated Memorandum of Law. (Nardella, Michael)
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Filing 245
ENDORSED ORDER granting #244 Unopposed Motion to Lift Stay. On or before Monday, February 18, 2019, the FTC shall respond to the Motion to Amend the Judgment. Signed by Judge Carlos E. Mendoza on 2/6/2019. (KMS)
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Set deadlines as to #232 MOTION to Alter Judgment or Amend Judgment with Incorporated Memorandum of Law . Responses due by 2/18/2019 (SPM)
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Filing 244
Unopposed MOTION for miscellaneous relief, specifically Lift Stay Entered on January 9, 2019 by Federal Trade Commission. (Doan, Joshua)
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Filing 243
NOTICE of Appearance by Paul Eric Courtright on behalf of Office of the Attorney General, State of Florida, Department of Legal Affairs (Courtright, Paul)
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Filing 242
NOTICE of Appearance by Leslie Schultz-Kin on behalf of Mark J. Bernet (Schultz-Kin, Leslie)
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Filing 241
SUGGESTION of Bankruptcy by Shannon Guice. (Nardella, Michael)
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Filing 240
NOTICE of Filing of Transcript of Deposition of Shannon Guice by Mark J. Bernet (Attachments: #1 Exhibit Transcript)(Bernet, Mark) Modified on 1/25/2019 (SPM).
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Filing 239
REPORT AND RECOMMENDATIONS re #198 MOTION to Compel Disgorgement of Assets from Defendant Kevin Guice and His Spouse, Shannon Guice, to Impose Constructive Trust, and for Other Equitable Relief filed by Mark J. Bernet. Signed by Magistrate Judge Thomas B. Smith on 1/24/2019. (Smith, Thomas)
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Filing 238
ORDER granting #236 Motion to Withdraw, Attorney Denise Kim Beamer terminated. Signed by Magistrate Judge Thomas B. Smith on 1/14/2019. (Smith, Thomas)
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Filing 237
ORDER denying as moot #235 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas B. Smith on 1/14/2019. (Smith, Thomas)
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Filing 236
Amended MOTION for Denise Kim Beamer to withdraw as attorney by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Beamer, Denise) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 235
MOTION for Denise Kim Beamer to withdraw as attorney by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Beamer, Denise) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 234
ENDORSED ORDER granting #233 Motion to Stay. All deadlines other than those associated with #198 Receiver's Motion to Compel are STAYED until further order of this Court. Signed by Judge Carlos E. Mendoza on 1/9/2019. (KMS)
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Filing 233
First MOTION to stay In Light Of United States Government Cessation by Federal Trade Commission. (Srimushnam, Tejasvi) Modified on 1/9/2019 (SPM).
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Filing 232
MOTION to Alter or Amend Judgment with Incorporated Memorandum of Law re #225 and #226 by Kevin W. Guice, Shannon Guice. (Nardella, Michael) Modified on 1/7/2019 (SPM).
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Filing 231
NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Heather Jewett, RPR, FCRR. (HLJ)
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Filing 230
TRANSCRIPT of Status Conference re: Summary Judgment Order held on December 21, 2018, before Judge Thomas B. Smith. Court Reporter/Transcriber: Heather Jewett, RPR, FCRR |
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Filing 228
Minute Entry. Proceedings held before Magistrate Judge Thomas B. Smith: STATUS CONFERENCE held on 12/21/2018. (Digital) (PML)
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Filing 227
NOTICE of hearing: Hearing re: Summary Judgment order/pending motion set for 12/21/2018 at 10:00 AM in Orlando Courtroom 4 C before Magistrate Judge Thomas B. Smith. Counsel who wish to appear telephonically may do so by calling the AT&T teleconferencing service five minutes prior to the hearing time: 1-888-684-8852, Access Code 6942916 and Security Code 122118. Those intending to appear by phone must notify the Courtroom Deputy via email: trish_m_legros@flmd.uscourts.gov(PML) ctp
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Filing 226
Summary JUDGMENT in favor of Plaintiffs against Kevin W. Guice. ( Signed by Deputy Clerk) (SPM)
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Filing 225
ORDER and PERMANENT INJUNCTION - Granting #163 MOTION for summary judgment filed by Office of the Attorney General, State of Florida, Department of Legal Affairs. The Clerk is directed to enter judgment in favor of Plaintiffs and against Defendant Kevin Guice in the amount of $23,099,878.02. Thereafter, the Clerk shall close this case. The Court retains jurisdiction of this matter for purposes of construction, modification,and enforcement of this Order. See order for details of injunction. Signed by Judge Carlos E. Mendoza on 12/7/2018. (DJD)
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Filing 224
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 11/28/2018 (SPM).
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Filing 223
ORDER granting #218 Unopposed Verified Third Application for Payment for Services Rendered; Adopting Report and Recommendations - re #219 Report and Recommendations. Fees in the amount of $44,590.00 and costs in the amount of $524.30 shall be paid to the Receiver out of the receivership estate for services rendered for the period beginning March 27, 2017 and ending December 31, 2017. Signed by Judge Carlos E. Mendoza on 10/31/2018. (DJD)
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Filing 222
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 10/30/2018 (SPM).
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Filing 221
RESPONSE in Opposition re #198 MOTION to Compel Disgorgement of Assets from Defendant Kevin Guice and His Spouse, Shannon Guice, to Impose Constructive Trust, and for Other Equitable Relief with Incorporated Memorandum of Law filed by Kevin W. Guice, Shannon Guice. (Attachments: #1 Exhibit A - Declaration of Shannon Guice)(Nardella, Michael)
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Filing 220
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 10/1/2018 (SPM).
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Filing 219
REPORT AND RECOMMENDATIONS re #218 MOTION / Receiver's Unopposed Verified Third Application for Payment for Services Rendered and Reimbursement for Costs Incurred filed by Mark J. Bernet. Signed by Magistrate Judge Thomas B. Smith on 9/18/2018. (Smith, Thomas)
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Filing 218
MOTION / Receiver's Unopposed Verified Third Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 9/14/2018 (SPM).
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Set/reset deadlines as to #198 MOTION to Compel Disgorgement of Assets . Kevin and Shannon Guice have until Friday, October 26, 2018 to supplement their response to the Receiver's Motion to Compel Disgorgement #198. (SPM)
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Filing 217
ORDER denying #209 Motion. Signed by Magistrate Judge Thomas B. Smith on 9/5/2018.(KWH)
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Filing 215
Minute Entry. Proceedings held before Magistrate Judge Thomas B. Smith: MOTION HEARING held on 9/5/2018 re #209 MOTION for miscellaneous relief, specifically (I) Renewed Motion to Reopen Discovery For Kevin W. Guice and to Open Initial Discovery for Shannon Guice; (II) Response to Receiver's Motion to Compel Disgorgement of Assets; and (III) Incorporated M filed by Shannon Guice, Kevin W. Guice. (Digital) (PML)
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Filing 214
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 8/30/2018 (SPM).
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Filing 213
NOTICE TO COUNSEL re 212 Notice of hearing on motion; To appear telephonically call the AT&T teleconferencing service five minutes prior to the hearing time: 1-888-684-8852, Access Code 6942916 and Security Code 090518. Those participating must notify the Courtroom Deputy via email: trish_m_legros@flmd.uscourts.gov (PML) ctp
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Filing 212
NOTICE of hearing on motion re #209 MOTION for miscellaneous relief, specifically (I) Renewed Motion to Reopen Discovery For Kevin W. Guice and to Open Initial Discovery for Shannon Guice; (II) Response to Receiver's Motion to Compel Disgorgement of Assets; and (III) Incorporated M. Motion Hearing set for 9/5/2018 at 10:00 AM in Orlando Courtroom 4 C before Magistrate Judge Thomas B. Smith. ctp(PML)
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Filing 211
RESPONSE in Opposition re #209 MOTION for miscellaneous relief, specifically (I) Renewed Motion to Reopen Discovery For Kevin W. Guice and to Open Initial Discovery for Shannon Guice; (II) Response to Receiver's Motion to Compel Disgorgement of Assets; and (III) Incorporated M filed by Mark J. Bernet. (Attachments: #1 Exhibit A)(Bernet, Mark)
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Filing 210
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 7/30/2018 (SPM).
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Filing 209
MOTION for miscellaneous relief, specifically (I) Renewed Motion to Reopen Discovery For Kevin W. Guice and to Open Initial Discovery for Shannon Guice; (II) Response to Receiver's Motion to Compel Disgorgement of Assets; and (III) Incorporated Memorandum of Law by Kevin W. Guice, Shannon Guice. (Nardella, Michael)
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Filing 208
ORDER denying #205 motion for discovery. Signed by Magistrate Judge Thomas B. Smith on 7/9/2018. (Smith, Thomas)
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Filing 207
RESPONSE in Opposition re #205 Amended MOTION to Reopen Discovery for Kevin W. Guice and To Open Initial Discovery for Supplemental Party Shannon Guice with Incorporated Memorandum of Law filed by Federal Trade Commission. (Attachments: #1 Exhibit S. Guice Deposition Excerpts)(Doan, Joshua)
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Filing 206
MEMORANDUM in opposition re #205 Motion for Discovery filed by Mark J. Bernet. (Bernet, Mark)
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Filing 205
Amended MOTION to Reopen Discovery for Kevin W. Guice and To Open Initial Discovery for Supplemental Party Shannon Guice with Incorporated Memorandum of Law by Kevin W. Guice, Shannon Guice. (Nardella, Michael) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 6/29/2018 (SPM).
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Filing 204
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 6/28/2018 (SPM).
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Filing 203
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #202 motion for discovery. Signed by Magistrate Judge Thomas B. Smith on 6/27/2018. (Smith, Thomas)
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Filing 202
MOTION to Reopen Discovery for Kevin W. Guice and To Open Initial Discovery for Supplemental Party Shannon Guice with Incorporated Memorandum of Law by Kevin W. Guice, Shannon Guice. (Nardella, Michael) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 6/27/2018 (SPM).
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Filing 201
NOTICE of Appearance by Michael A. Nardella on behalf of Kevin W. Guice, Shannon Guice (Nardella, Michael)
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Filing 200
PROOF of service as to Shannon Guice with the Motion for Disgorgement and copy of #197 Order on 6/13/18 by Mark J. Bernet (Bernet, Mark) Modified on 6/20/2018 (SPM).
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Filing 199
NOTICE by Mark J. Bernet re #198 MOTION to Compel Disgorgement of Assets from Defendant Kevin Guice and His Spouse, Shannon Guice, to Impose Constructive Trust, and for Other Equitable Relief (Attachments: #1 Receiver's Declaration, #2 Exhibit 1 to Receiver's Declaration, #3 Exhibit 2 to Receiver's Declaration, #4 Exhibit 3 to Receiver's Declaration, #5 Exhibit 4 to Receiver's Declaration, #6 Exhibit 5 to Receiver's Declaration, #7 Exhibit 6 to Receiver's Declaration, #8 Exhibit 7 to Receiver's Declaration, #9 Exhibit 8 to Receiver's Declaration)(Bernet, Mark)
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Filing 198
MOTION to Compel Disgorgement of Assets from Defendant Kevin Guice and His Spouse, Shannon Guice, to Impose Constructive Trust, and for Other Equitable Relief by Mark J. Bernet. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Bernet, Mark) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 197
ORDER granting #171 Motion to Establish Summary Procedures; Denying as moot #195 Motion for Hearing. See order for additional details. Signed by Judge Carlos E. Mendoza on 6/5/2018. (DJD)
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Filing 196
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 5/29/2018 (SPM).
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Filing 195
MOTION for Hearing / NOTICE of Potential Loss of Receivership Assets and Request for Oral Argument on Receiver's Motion to Establish Summary Procedures (Attachments: #1 Exhibit A, #2 Exhibit B) (Bernet, Mark) Modified on 5/14/2018 (SPM).
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Filing 194
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 4/26/2018 (SPM).
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Filing 193
ENDORSED ORDER directing the Clerk to administratively close re: #179 granting motion to stay. Signed by Judge Carlos E. Mendoza on 3/29/2018. (KMS)
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Filing 192
NOTICE by Office of the Attorney General, State of Florida, Department of Legal Affairs re #163 MOTION for summary judgment (Knutton, Jennifer)
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Filing 191
ENDORSED ORDER denying as moot #141 Motion for Excusal; #164 Motion for Summary Judgment; #180 Motion to Extend Stay. Signed by Judge Carlos E. Mendoza on 3/26/2018. (KMS)
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Filing 190
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 2/23/2018 (SPM).
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Filing 189
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 1/24/2018 (SPM).
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Filing 188
NOTICE of Unresolved Dispositive Motion by Federal Trade Commission re #163 MOTION for summary judgment (Doan, Joshua) Modified on 12/22/2017 (JET).
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Filing 187
ORDER granting #167 Motion for Attorney Fees; Adopting Report and Recommendations - re #172 Report and Recommendations; Granting #181 Motion for Attorney Fees; Adopting Report and Recommendations - re #183 Report and Recommendations. The Court APPROVES payment by the Receiver of $15,147.00 to Akerman LLP. The Court APPROVES payment to the Receiver of $41,990.00 in fees and $3,104.51 in costs. Signed by Judge Carlos E. Mendoza on 10/30/2017. (DJD)
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Filing 186
NOTICE of withdrawal of motion by Peter J. Grilli re #184 MOTION for miscellaneous relief, specifically payment of the unpaid mediation bill filed by Peter J. Grilli (Grilli, Peter)
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Filing 185
STATUS report and Notice of Filing Thirteen Proposed Stipulated Orders by Federal Trade Commission, Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Proposed Stipulated Order, #2 Proposed Stipulated Order, #3 Proposed Stipulated Order, #4 Proposed Stipulated Order, #5 Proposed Stipulated Order, #6 Proposed Stipulated Order, #7 Proposed Stipulated Order, #8 Proposed Stipulated Order, #9 Proposed Stipulated Order, #10 Proposed Stipulated Order, #11 Proposed Stipulated Order, #12 Proposed Stipulated Order, #13 Proposed Stipulated Order)(Srimushnam, Tejasvi)
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Filing 184
MOTION for miscellaneous relief, specifically payment of the unpaid mediation bill by Peter J. Grilli. (Grilli, Peter)
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Filing 183
REPORT AND RECOMMENDATIONS re #181 MOTION for Attorney Fees Receiver's Verified Second Application for Payment for Services Rendered and Reimbursement for Costs Incurred filed by Mark J. Bernet. Signed by Magistrate Judge Thomas B. Smith on 8/9/2017. (Smith, Thomas)
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Filing 182
STATUS report Regarding Plaintiffs' Review of Proposed Settlements by Federal Trade Commission. (Doan, Joshua)
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Filing 181
MOTION for Attorney Fees Receiver's Verified Second Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Mark J. Bernet. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bernet, Mark) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 180
MOTION for miscellaneous relief, specifically Extend Stay of Proceedings Pending Plaintiffs' Review of Proposed Settlements by Federal Trade Commission. (Doan, Joshua)
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Filing 179
ORDER granting in part #177 motion to stay all Pretrial Deadlines and the Trial Date. All deadlines in this case are STAYED until further Order of this Court. This case is removed from the October trial term and the September 21, 2017 status conference is CANCELLED. Signed by Judge Carlos E. Mendoza on 7/17/2017. (DJD)
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Filing 178
ORDER granting #173 Motion to Withdraw. Attorney Matthew Anthony Leibert terminated. Signed by Magistrate Judge Thomas B. Smith on 6/26/2017. (Smith, Thomas)
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Filing 177
MOTION to stay All Pretrial Deadlines and the Trial Date by Federal Trade Commission. (Doan, Joshua)
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Filing 176
SUPPLEMENT to Motion to Withdraw as Counsel re#173 by Kevin W. Guice. (Leibert, Matthew) Modified on 6/21/2017 (SPM).
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Filing 175
REPLY to Response to Motion re #163 MOTION for summary judgment filed by Federal Trade Commission. (Attachments: #1 PX 198A, #2 PX 201, #3 PX 202, #4 PX 203, #5 PX 204, #6 PX 205, #7 PX 206, #8 PX 207)(Doan, Joshua)
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Filing 174
ORDER to supplement #173 motion for leave to withdraw. Signed by Magistrate Judge Thomas B. Smith on 6/14/2017. (Smith, Thomas)
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Filing 173
Unopposed MOTION for Matthew A. Leibert to withdraw as attorney by Kevin W. Guice. (Leibert, Matthew) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 172
REPORT AND RECOMMENDATIONS re #167 MOTION for Attorney Fees Receiver's First Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Akerman LLP filed by Mark J. Bernet. Signed by Magistrate Judge Thomas B. Smith on 6/12/2017. (EC)
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Filing 171
MOTION for miscellaneous relief, specifically to Establish Summary Procedures by Mark J. Bernet. (Attachments: #1 Exhibit Composite Exhibit A)(Bernet, Mark)
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Filing 170
ENDORSED ORDER granting #169 Motion to Withdraw. The Clerk is directed to strike and delete Doc. 166 and all attachments thereto from the record. Signed by Judge Carlos E. Mendoza on 6/2/2017. (KMS)
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Filing 169
MOTION to Withdraw 166 Response in Opposition to Motion , Dispose it from Public Record, and Substitute Corrected Filing #168 by Kevin W. Guice. (Leibert, Matthew)
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Filing 168
RESPONSE in Opposition re #163 MOTION for summary judgment and supporting memoranda of legal authority - CORRECTION OF DOCKET #166 filed by Kevin W. Guice. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit)(Leibert, Matthew)
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Filing 167
MOTION for Attorney Fees Receiver's First Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Akerman LLP by Mark J. Bernet. (Attachments: #1 Exhibit A)(Bernet, Mark) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 166
(**STRICKEN AND DELETED PER ORDER 170)RESPONSE in Opposition re #163 MOTION for summary judgment and supporting Memorandum of legal authority filed by Kevin W. Guice. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit)(Leibert, Matthew) Modified on 6/5/2017 (SPM).
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Filing 165
SUPPLEMENT re #163 MOTION for summary judgment PX201 is an exhibit that should be linked to Plaintiffs' Dispositive Motion for Summary Judgment and Incorporated Memorandum of Law Against Individual Defendant Kevin W. Guice (Doc. 163). by Federal Trade Commission. (Doan, Joshua)
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Filing 164
MOTION for summary judgment by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Text of Proposed Order)(Beamer, Denise) Modified on 5/2/2017 (JET). COUNSEL ADVISED THE CLERK THAT THIS DUPLICATE MOTION WAS FILED WHEN IT APPEARED THAT THE PREVIOUS MOTION FOR SUMMARY JUDGMENT WAS NOT BEING ACCEPTED ELECTRONICALLY. Exhibits were submitted separately on disk which is in file folder on shelf.
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Set deadlines/hearings: Status Report due by 8/1/2017. (SPM)
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Filing 163
MOTION for summary judgment by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Text of Proposed Order, #2 Exhibit PX 159 Bernard Kiesel Email, #3 Exhibit PX 160 Childress complaint, #4 Exhibit PX 161 Childress Notice of Settlement, #5 Exhibit PX 162 Debt Elimination Contact Info, #6 Exhibit PX 163 Guice Paypal reciept, #7 Exhibit PX 164 FTC Question email, #8 Exhibit PX 165 Billing Error Email, #9 Exhibit PX 166 Debt Settlements Email, #10 Exhibit PX 167 Settlements needing to be paid email, #11 Exhibit PX 168 Peggy Brisbane Settlement email, #12 Exhibit PX 169 wayne mart, need approval to accept email, #13 Exhibit PX 170 Wayne Mart reminder email, #14 Exhibit PX 171 Roselan Roth email, #15 Exhibit PX 172 Client Complaints email, #16 Exhibit PX 173 AG Complaint email, #17 Exhibit PX 174 Jason and Erika Notes, #18 Exhibit PX 175 Second George Dec, #19 Exhibit PX 176 A Emil George 3rd Decl. (Part 1, pgs. 1-27), #20 Exhibit PX 176 B Emil George 3rd Decl. (Part 2, pgs. 28-54), #21 Exhibit PX 176 C Emil George 3rd Decl. (Part 3, pgs. 55-81), #22 Exhibit PX 176 D Emil George 3rd Decl. (Part 4, pgs. 82-108), #23 Exhibit PX 176 E Emil George 3rd Decl. (Part 5, pgs. 109-135), #24 Exhibit PX 176 F Emil George 3rd Decl. (Part 6, pgs. 136-154), #25 Exhibit PX 176 G Emil George 3rd Decl. (Part 7, pgs. 155-172), #26 Exhibit PX 176 H Emil George 3rd Decl. (Part 8, pgs. 173-190), #27 Exhibit PX 177 A Plaintiffs 1st Set of Requests for Kevin Guice (Part 1, pgs. 1-50), #28 Exhibit PX 177 B Plaintiffs 1st Set of Requests for Kevin Guice (Part 2, pgs. 51-94), #29 Exhibit PX 178 Second RFAs to Kevin Guice, #30 Exhibit PX 179 Kevin Guice's Response to First RFAs, #31 Exhibit PX 180 Kevin Guice's Response to First RFAs, #32 Exhibit PX 181 Second Compton Declaration, #33 Exhibit PX 182 A Fourth George Declaration (Part 1, pgs. 1-62), #34 Exhibit PX 182 B Fourth George Declaration (Part 2, pgs. 63-124, #35 Exhibit PX 182 C Fourth George Declaration (Part 3, pgs. 125-186), # 36 #37 Exhibit PX 183 Kevin Guice Executed Interrogatories, #38 Exhibit PX 184 George 5th Decl., #39 Exhibit PX 185 Royal Financial Certified Copy, #40 Exhibit PX 186 Hampton 5 - Shell Company Contact, #41 Exhibit PX 187, #42 Exhibit PX 188, #43 Exhibit PX 189, #44 Exhibit PX 190, #45 Exhibit PX 191, #46 Exhibit PX 192, #47 Exhibit PX 193, #48 Exhibit PX 194, #49 Exhibit PX 195, #50 Exhibit PX 196, #51 Exhibit PX 197, #52 Exhibit PX 198, #53 Exhibit PX 199, #54 Exhibit PX 200)(Knutton, Jennifer) (Additional attachment(s) added on 5/3/2017: #55 Exhibit PX 182 D Fourth George Declaration (Part 4, pgs. 187-248) (Previously listed as Ex 36) (JP).
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Filing 162
ENDORSED ORDER granting #158 Motion to Stay Proceedings. The deadlines in this case as to all Defendants except Kevin W. Guice are STAYED until August 1, 2017. On or before that date, or with fourteen days of obtaining settlement approval, whichever is earlier, Plaintiffs shall file a status report with the Court. The deadlines with regard to Defendant Kevin W. Guice remain unaffected. Signed by Judge Carlos E. Mendoza on 5/1/2017. (KMS)
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Filing 161
ENDORSED ORDER granting #160 Motion for Leave to File Excess Pages. Plaintiffs may file a Motion for Summary Judgment of no more than thirty-five pages. Signed by Judge Carlos E. Mendoza on 5/1/2017. (KMS)
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Filing 160
Second MOTION for Leave to File Excess Pages by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Text of Proposed Order)(Beamer, Denise)
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Filing 159
ENDORSED ORDER denying without prejudice #157 Motion for Leave to File Excess Pages. Plaintiffs do not specify how many additional pages they are requesting. The Court will not grant a request for an unlimited number of excess pages. Signed by Judge Carlos E. Mendoza on 4/28/2017. (KMS)
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Filing 158
MOTION to stay Proceedings Pending Plaintiffs' Review of Proposed Settlements by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Knutton, Jennifer)
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Filing 157
MOTION for Leave to File Excess Pages for Plaintiffs' Motion for Summary Judgment and Memorandum by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Text of Proposed Order)(Knutton, Jennifer)
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Filing 156
Clerk's ENTRY OF DEFAULT as to KWP Services, LLC (SPM)
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Filing 155
ORDER granting #152 Motion for Entry of Default against KWP Services, LLC. Signed by Magistrate Judge Thomas B. Smith on 4/21/2017. (Smith, Thomas)
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Filing 154
Clerk's ENTRY OF DEFAULT as to KWP Services of Florida LLC (SPM)
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Filing 153
Clerk's ENTRY OF DEFAULT as to Life Management Services of Orange County, LLC (SPM)
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Filing 152
Second MOTION for entry of clerk's default against KWP Services, LLC by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Knutton, Jennifer) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 151
ORDER granting in part and denying in part #149 Motion for Entry of Default. The Clerk shall enter default against Defendant KWP Services of Florida, LLC but not against Defendant KWP Services, LLC. Signed by Magistrate Judge Thomas B. Smith on 4/20/2017. (Smith, Thomas)
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Filing 150
ORDER granting #148 Motion for Entry of Default against Life Management Services of Orange County, LLC. Signed by Magistrate Judge Thomas B. Smith on 4/20/2017. (Smith, Thomas)
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Filing 149
MOTION for entry of clerk's default against KWP Services of Florida LLC, KWP Services, LLC by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Exhibit)(Knutton, Jennifer) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 148
MOTION for entry of clerk's default against Life Management Services of Orange County, LLC by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Exhibit)(Knutton, Jennifer) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 147
AMENDED document by Office of the Attorney General, State of Florida, Department of Legal Affairs. Amendment to #46 Summons returned executed 06/09/2016. (Knutton, Jennifer)
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Filing 146
AMENDED document by Office of the Attorney General, State of Florida, Department of Legal Affairs. Amendment to #44 Summons returned executed 06/09/2016. (Knutton, Jennifer)
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Filing 145
MEDIATION report Hearing held on April 13, 2017. Hearing outcome: The parties have reached an impasse... (Grilli, Peter)
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Filing 144
ORDER granting #140 Motion to excuse from mediation. Signed by Magistrate Judge Thomas B. Smith on 4/13/2017. (EC)
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Filing 143
ORDER granting #139 Motion to excuse Defendants Robert Guice and Timothy Woods from mediation. Signed by Magistrate Judge Thomas B. Smith on 4/10/2017. (Smith, Thomas)
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Filing 142
ORDER granting #138 Motion to excuse FTC decisoin makers from mediation. Signed by Magistrate Judge Thomas B. Smith on 4/10/2017. (Smith, Thomas)
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Filing 141
MOTION for miscellaneous relief, specifically by Karen M. Wahl. (Hilal, Elias)
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Filing 140
Unopposed MOTION for miscellaneous relief, specifically Excuse Defendant from Mediation by Linda N. McNealy. (Hill, David)
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Filing 139
MOTION for miscellaneous relief, specifically to Excuse Relief Defendants from Mediation by Robert Guice, Timothy Woods. (Leibert, Matthew)
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Filing 138
Unopposed MOTION for miscellaneous relief, specifically Limited Relief From Local Rule 9.05(c) by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Doan, Joshua)
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Filing 137
ORDER denying #134 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Thomas B. Smith on 4/4/2017. (Smith, Thomas)
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Filing 136
OPPOSITION to #134 First MOTION for Extension of Time until 5/1/17 to Complete Discovery filed by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C)(Beamer, Denise) Text modified on 4/3/2017 (RDO).
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Filing 135
RESPONSE to Motion re #134 First MOTION for Extension of Time until 5/1/17 to Complete Discovery filed by Mark J. Bernet. (Attachments: #1 Exhibit A)(Bernet, Mark)
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Filing 134
First MOTION for Extension of Time until 5/1/17 to Complete Discovery by Kevin W. Guice. (Leibert, Matthew) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 3/28/2017 (JET).
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Filing 133
NOTICE of mediation conference/hearing to be held on Thursday, April 13th, 2017 at 9:30 a.m. (Half Day) before Peter J. Grilli, Esquire.(Grilli, Peter)
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Filing 132
NOTICE of Appearance by Peter John Grilli as Mediator. (Grilli, Peter) Modified on 3/21/2017 (JET).
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Filing 131
ENDORSED ORDER striking #130 Notice of appearance of Counsel filed by Thomas D. Sommerville. Mr. Sommerville is not entitled to notice of service pursuant to Fed. R. Civ. P. 5(b) as his client is not a party to this litigation. Signed by Judge Carlos E. Mendoza on 2/23/2017. (DJD)
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Filing 130
***STRICKEN*** NOTICE of Appearance by Thomas Devlin Sommerville on behalf of Kara Andrews (Sommerville, Thomas) Modified on 2/24/2017 (JET). STRICKEN PER ORDER #131.
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Filing 129
NOTICE canceling Motion to Withdraw hearing scheduled for 1/11/17 (PML)
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Filing 128
ORDER denying as moot #120 Motion to Withdraw as Attorney; granting #126 Motion to Substitute Attorney. Attorneys Andrew N. Cove and Amy B. Talisman terminated; granting #127 Motion to Substitute Attorney. Attorneys Andrew N. Cove and Amy B. Talisman terminated. Signed by Magistrate Judge Thomas B. Smith on 1/10/2017. (Smith, Thomas)
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Filing 127
First MOTION to Substitute Attorney Matthew A. Leibert by Robert Guice. (Leibert, Matthew) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 126
First MOTION to Substitute Attorney Matthew A. Leibert by Kevin W. Guice. (Leibert, Matthew) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 125
NOTICE re 124 Order on Motion to Appear Telephonically; Counsel who wish to appear telephonically may do so by calling the AT&T teleconferencing service five minutes prior to the hearing time: 1-888-684-8852, Access Code 6942916 and Security Code 0111. (PML)
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Filing 124
ENDORSED ORDER granting #123 Motion to Appear Telephonically. Counsel for Plaintiff may appear telephonically at the hearing scheduled for January 11, 2017 at 2:00 p.m. Signed by Magistrate Judge Thomas B. Smith on 1/9/2017. (Smith, Thomas)
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Filing 123
Unopposed MOTION to Appear Telephonically by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Srimushnam, Tejasvi) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 122
NOTICE of hearing on motion re #120 Unopposed MOTION for Andrew N. Cove to withdraw as attorney . Motion Hearing set for 1/11/2017 at 2:00 PM in Orlando Courtroom 4 C before Magistrate Judge Thomas B. Smith. ctp.(PML)
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Filing 121
ORDER to set hearing on #120 Andrew N. Cove and Amy B. Talisman's motion to withdraw. Signed by Magistrate Judge Thomas B. Smith on 12/22/2016. (Smith, Thomas)
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Filing 120
Unopposed MOTION for Andrew N. Cove to withdraw as attorney by Kevin W. Guice, Robert Guice, Timothy Woods. (Cove, Andrew) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 119
ORDER granting #116 Motion to Compel testimony from Defendant Chase Preston Jackowski. Signed by Magistrate Judge Thomas B. Smith on 12/2/2016. (Smith, Thomas)
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Filing 118
ORDER granting in part and denying without prejudice in part #113 First Application for Payment for Services Rendered and Reimbursement for Costs Incurred; Adopting Report and Recommendations -re #115 Report and Recommendations. The Receiver is entitled to the payment of fees in the amount of $42,900.00. Signed by Judge Carlos E. Mendoza on 11/29/2016. (DJD)
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Filing 117
NOTICE of Filing Transcript of Deposition of Chase P. Jackowski re #116 MOTION to Compel Testimony of Defendant Chase Preston Jackowski by Mark J. Bernet (Attachments: #1 Deposition Transcript of Jackowski - 9/16/16, #2 Exhibit 13 to transcript, #3 Exhibit 14 to transcript, #4 Exhibit 15 to transcript, #5 Exhibit 16 to transcript, #6 Exhibit 17 to transcript, #7 Exhibit 18 to transcript)(Bernet, Mark) Modified on 11/9/2016 (JET).
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Filing 116
MOTION to Compel Testimony of Defendant Chase Preston Jackowski and Memorandum of Law in Support by Mark J. Bernet. (Bernet, Mark) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 115
REPORT AND RECOMMENDATIONS re #113 Receiver's Verified First Application for Payment for Services Rendered and Reimbursement for Costs Incurred filed by Mark J. Bernet. Signed by Magistrate Judge Thomas B. Smith on 10/14/2016. (KWH)
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Filing 114
STATUS report (Receiver's Second Interim Report, Concerning the Sale of the Tuff Life II) by Mark J. Bernet. (Attachments: #1 Exhibit A - Auctioneer's Report)(Bernet, Mark) Modified on 10/11/2016 (JET).
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Filing 113
Receiver's Verified First Application for Payment for Services Rendered and Reimbursement for Costs Incurred by Mark J. Bernet. (Attachments: #1 Exhibit A)(Bernet, Mark) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 9/22/2016 (CLB).
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Filing 112
NOTICE of Change in Designation of Lead Counsel by Office of the Attorney General, State of Florida, Department of Legal Affairs (Beamer, Denise) Modified on 8/29/2016 (CLB).
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Filing 111
CASE REFERRED to Mediation; mediator Peter Grilli. (CLB)
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Filing 110
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/17/2016, Joinder of Parties due by 10/17/2016, Discovery due by 4/3/2017, Dispositive motions due by 5/1/2017, Pretrial statement due by 9/15/2017, All other motions due by 8/1/2017, Plaintiff disclosure of expert report due by 1/30/2017, Defendant disclosure of expert report due by 2/15/2017, Trial Status Conference set for 9/21/2017 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Bench Trial set for the trial term commencing 10/2/2017 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 4/17/2017. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 8/17/2016. (DJD)
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Filing 109
STATUS report Receiver's Initial Report by Mark J. Bernet. (Attachments: #1 Exhibit A - Science Drive Sketch, #2 Exhibit B - Office Lease, #3 Exhibit C - Skype Log, #4 Exhibit D - Inventory, #5 Exhibit E - Receiver's Fees and Costs)(Bernet, Mark)
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Filing 108
ORDER granting #90 Motion for Approval of Settlement Agreement and for Authority to Sell Yacht; Adopting Report and Recommendations - re #100 Report and Recommendations. The Receiver is directed to sell the yacht in accordance with the R&R. Signed by Judge Carlos E. Mendoza on 8/4/2016. (DJD)
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Filing 107
CERTIFICATE of interested persons and corporate disclosure statement by Chase P. Jackowski, LPSofFla LLC, LPSofFlorida L.L.C., YFP Solutions LLC identifying Corporate Parent Chase P. Jackowski, Corporate Parent Chase P. Jackowski for Chase P. Jackowski, LPSofFla LLC, LPSofFlorida L.L.C., YFP Solutions LLC.. (Ceballos, Mario)
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Filing 106
CASE MANAGEMENT REPORT. (Knutton, Jennifer)
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Filing 105
CERTIFICATE of interested persons and corporate disclosure statement re #70 Interested persons order by Clarence H. Wahl. (Hilal, Elias)
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Filing 104
ORDER granting #103 Motion to Appear Telephonically. Signed by Magistrate Judge Thomas B. Smith on 7/26/2016. (Smith, Thomas)
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Filing 103
Unopposed MOTION to Appear Telephonically by Kevin W. Guice, Robert Guice, Clarence H. Wahl, Karen M. Wahl, Timothy Woods. (Talisman, Amy) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 102
ORDER denying without prejudice #101 Motion to Appear Telephonically. Signed by Magistrate Judge Thomas B. Smith on 7/26/2016. (Smith, Thomas)
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Filing 101
Unopposed MOTION to Appear Telephonically by Kevin W. Guice, Clarence H. Wahl, Karen M. Wahl and Relief Defendants Robert Guice and Timothy Woods and by Federal Trade Commission. (Srimushnam, Tejasvi) Motions referred to Magistrate Judge Thomas B. Smith.
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Filing 100
REPORT AND RECOMMENDATIONS re #90 MOTION for miscellaneous relief, specifically Approval of Settlement Relating to the Tuff Life II and for Authority to Sell Yacht filed by Mark J. Bernet. Signed by Magistrate Judge Thomas B. Smith on 7/14/2016. (Smith, Thomas)
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Filing 99
ORDER granting #96 the Joint Motion by Plaintiffs and Relief Defendant Robert Guice to Amend the Stipulated Preliminary Injunction. The #81 Stipulated Preliminary Injunction is amended as set forth in this Order. Signed by Judge Carlos E. Mendoza on 7/13/2016. (MDS)
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Filing 98
NOTICE of pendency of related cases re #69 Related case order and track 2 notice per Local Rule 1.04(d) by Federal Trade Commission. Related case(s): no (Doan, Joshua)
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Filing 97
CERTIFICATE of interested persons and corporate disclosure statement re #70 Interested persons order by Federal Trade Commission. (Doan, Joshua)
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Filing 96
Joint MOTION to Amend/Correct #81 Order to exclude Mrs. Guice's Wells Fargo Account from the Asset Freeze and for immediate release of funds by Robert Guice, Federal Trade Commission and Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Exhibit Proposed Order)(Cove, Andrew) Modified on 7/11/2016 (JET).
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Filing 95
NOTICE of pendency of related cases re #69 Related case order and track 2 notice per Local Rule 1.04(d) by Office of the Attorney General, State of Florida, Department of Legal Affairs. Related case(s): N (Knutton, Jennifer)
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Filing 94
CERTIFICATE of interested persons and corporate disclosure statement re #70 Interested persons order by Office of the Attorney General, State of Florida, Department of Legal Affairs. (Knutton, Jennifer)
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Filing 93
ANSWER to #1 Complaint by Clarence H. Wahl, Karen M. Wahl.(Hilal, Elias)
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Filing 92
SUPPLEMENT (Local Rule 3.01(g) Certification) re #90 MOTION for miscellaneous relief, specifically Approval of Settlement Relating to the Tuff Life II and for Authority to Sell Yacht by Mark J. Bernet. (Bernet, Mark) Modified on 7/7/2016 (JET).
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Filing 91
CERTIFICATE of interested persons and corporate disclosure statement re #70 Interested persons order by Linda N. McNealy. (Hill, David)
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Filing 90
MOTION for miscellaneous relief, specifically Approval of Settlement Relating to the Tuff Life II and for Authority to Sell Yacht by Mark J. Bernet. (Attachments: #1 Exhibit 1 - Agreement)(Bernet, Mark)
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Filing 89
PRELIMINARY INJUNCTION as to defendants Life Management Services of Orange County, LLC, Loyal Financial & Credit Services, LLC, KWP Services, LLC, KWP Services of Florida LLC, PW&F Consultants of Florida LLC, LPSOFFLA LLC, LPSOFFLORIDA L.L.C., YFP Solutions LLC and Chase P. Jackowski. Signed by Judge Carlos E. Mendoza on 7/6/2016. (DJD)
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Filing 88
ORDER to strike #72 Notice of unavailability filed by Robert Guice, Kevin W. Guice, Timothy Woods. Signed by Judge Carlos E. Mendoza on 7/6/2016. (DJD)
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Filing 87
NOTICE of pendency of related cases re #69 Related Case Order per Local Rule 1.04(d) by Linda N. McNealy. Related case(s): no (Hill, David) Modified on 7/6/2016 (JET).
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Filing 86
CERTIFICATE of interested persons and corporate disclosure statement re #70 Interested persons order by Kevin W. Guice, Robert Guice, Timothy Woods. (Cove, Andrew)
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Filing 85
NOTICE of pendency of related cases re #69 Related case order and track 2 notice per Local Rule 1.04(d) by Kevin W. Guice, Robert Guice, Timothy Woods. Related case(s): No (Cove, Andrew)
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Filing 84
ANSWER and affirmative defenses to #1 Complaint by Linda N. McNealy.(Hill, David)
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Filing 83
STIPULATED PRELIMINARY INJUNCTION. Signed by counsel for Federal Trade Commission, counsel for Florida Attorney General, and representative of IVD Recovery, LLC on 6/22/2016; signed by Judge Carlos E. Mendoza on 6/30/2016. (KMS)
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Filing 82
ANSWER and affirmative defenses to #1 Complaint by Robert Guice.(Cove, Andrew)
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Filing 81
STIPULATED PRELIMINARY INJUNCTION. Signed by counsel for Federal Trade Commission and Florida Attorney General on 6/22/2016; signed by Robert Guice on 6/21/2016; signed by Judge Carlos E. Mendoza on 6/30/2016. (KMS)
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Filing 80
STIPULATED PRELIMINARY INJUNCTION. Signed by counsel for Federal Trade Commission and Florida Attorney General on 6/22/2016; signed by representative of YCC Solutions LLC on 6/21/2016; signed by Judge Carlos E. Mendoza on 6/30/2016.
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Filing 79
STIPULATED PRELIMINARY INJUNCTION. Signed by counsel for Federal Trade Commission, counsel for Florida Attorney General, and representative of URB Management, LLC on 6/2122016; signed by Judge Carlos E. Mendoza on 6/30/2016.
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Filing 78
STIPULATED PRELIMINARY INJUNCTION. Signed by counsel for Federal Trade Commission, counsel for Florida Attorney General, and representative of UAD Secure Services LLC and UAD Secure Service of FL LLC on 6/21/2016; signed by Judge Carlos E. Mendoza on 6/30/2016. (KMS)
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Filing 77
STIPULATED PRELIMINARY INJUNCTION. Signed by counsel for Federal Trade Commission and Florida Attorney General on 6/22/2016; signed by counsel for Linda N. McNealy on 6/21/2016; signed by Judge Carlos E. Mendoza on 6/30/2016. (KMS)
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Filing 76
STIPULATED PRELIMINARY INJUNCTION. Signed by counsel for Federal Trade Commission, Florida Attorney General, Kevin W. Guice, and Timothy Woods on 6/22/2016; Signed by Judge Carlos E. Mendoza on 6/30/2016. (KMS)
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Filing 75
STIPULATED PRELIMINARY INJUNCTION Signed by counsel for Federal Trade Commission and Florida Attorney General on 6/27/2016; signed by counsel for Clarence H. Wahl and Karen M. Wahl on 6/24/2016; Signed by Judge Carlos E. Mendoza on 6/30/2016. (KMS) (KMS)
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Filing 74
ANSWER and affirmative defenses to #1 Complaint by Timothy Woods.(Cove, Andrew)
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Filing 73
ANSWER to #1 Complaint by Kevin W. Guice.(Cove, Andrew)
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Filing 72
***STRICKEN*** NOTICE of unavailability of counsel by Kevin W. Guice, Robert Guice, Timothy Woods from July 6, 2016 to July 20, 2016. (Cove, Andrew) Modified on 7/6/2016 (JET). STRICKEN PER ORDER #88.
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Filing 71
NOTICE of Appearance by Mark James Bernet on behalf of Mark J. Bernet (Bernet, Mark)
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Filing 70
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 7/8/2016. Signed by Judge Carlos E. Mendoza on 6/24/2016. ctp(DJD)
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Filing 69
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 7/8/2016. Signed by Judge Carlos E. Mendoza on 6/24/2016. ctp(DJD)
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Filing 68
Minute Entry. Proceedings held before Judge Carlos E. Mendoza: SHOW CAUSE HEARING on Motion for Preliminary Injunction held on 6/22/2016. Counsel for plaintiffs advise the Court on the proposed stipulated injunctions executed by the following defendants: Kevin Guice, Robert Guice, Timothy Woods, Linda McNealy, IVD Recovery, UAD Secure Services, LLC, UAD Secure Services of FL, LLC, URB Management, LLC and YCC Solutions and that there is no non-stipulating defendant contesting the entry of the preliminary injunction except Clarence Wahl and Karen Wahl that will be contesting certain portions of the asset freeze provisions. Plaintiffs will amend the proposed preliminary injunction order to include the stipulation with the Wahls. Plaintiffs request that no bond be placed in this case with respect to the receiver, that the Court enter a preliminary injunction against the remaining defendants that have not responded or appeared before the Court today and that the TRO be extended - Court extends the temporary restraining order for fourteen days and will take matters and proposed preliminary injunction orders under advisement. Court Reporter: Diane Peede (DJD)
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Filing 67
ENDORSED ORDER granting #66 Motion to be Excused from Preliminary Injunction Hearing. Signed by Judge Carlos E. Mendoza on 6/22/2016. (RDS)
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Filing 66
MOTION for miscellaneous relief, specifically to be excused from appearance at hearing June 22 by Kevin W. Guice, Robert Guice, Timothy Woods. (Cove, Andrew) Modified on 6/23/2016 (JET).
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Filing 65
NOTICE of Appearance by Andrew N. Cove on behalf of Kevin W. Guice, Robert Guice, Timothy Woods (Cove, Andrew)
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Filing 64
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to Karen M. Wahl. (Beamer, Denise)
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Filing 63
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to Clarence H. Wahl. (Beamer, Denise)
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Filing 62
RETURN of service executed on 06/10/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to UAD Secure Service of FL LLC, by service on spouse of Registered Agent. (Beamer, Denise) Modified on 6/23/2016 (JET).
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Filing 61
RETURN of service executed on 06/14/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to YFP Solutions LLC. (Beamer, Denise)
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Filing 60
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to YCC Solutions LLC. (Beamer, Denise)
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Filing 59
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to URB Management, LLC. (Beamer, Denise)
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Filing 58
RETURN of service executed on 06/10/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to UAD Secure Services LLC, by service on spouse of Registered Agent. (Beamer, Denise) Modified on 6/23/2016 (JET).
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Filing 57
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to Timothy Woods. (Beamer, Denise)
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Filing 56
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to Robert Guice, by service on co-resident. (Beamer, Denise) Modified on 6/23/2016 (JET).
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Filing 55
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to IVD Recovery, LLC. (Beamer, Denise)
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Filing 54
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to PW&F Consultants of Florida LLC. (Beamer, Denise)
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Filing 53
RETURN of service executed on 06/14/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to LPSofFlorida L.L.C.. (Beamer, Denise)
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Filing 52
RETURN of service executed on 06/14/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to LPSofFla LLC. (Beamer, Denise)
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Filing 51
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to Loyal Financial & Credit Services, LLC. (Beamer, Denise)
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Filing 50
ENDORSED ORDER granting #48 Motion to be Excused from Preliminary Injunction Hearing. Signed by Judge Carlos E. Mendoza on 6/22/2016. (RDS)
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Filing 49
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to Linda N. McNealy. (Beamer, Denise)
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Filing 48
Notice of Conflict and MOTION for miscellaneous relief, specifically to be Excused from attending Hearing on Rule to Show Cause on Preliminary Injunction by Linda N. McNealy. (Hill, David) Modified on 6/22/2016 (JET).
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Filing 47
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to Life Management Services of Orange County, LLC. (Beamer, Denise)
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Filing 46
RETURN of service executed on 06/09/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to KWP Services, LLC. (Beamer, Denise)
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Filing 45
RETURN of service executed on 06/14/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to Chase P. Jackowski. (Beamer, Denise)
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Filing 44
RETURN of service executed on 06/9/2016 by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to KWP Services of Florida LLC. (Beamer, Denise) Modified on 6/23/2016 to correct date of service (JET).
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Filing 43
SUMMONS returned unexecuted by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission as to URB Management, LLC. (Beamer, Denise)
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Filing 42
PROOF of service by Federal Trade Commission, Office of the Attorney General, State of Florida, Department of Legal Affairs (Beamer, Denise) Modified on 6/23/2016 (JET). (Re-filed using correct event code for service at #45.)
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Filing 41
SUPPLEMENT Filing in Support of Issuance of Preliminary Injunction by Federal Trade Commission, Office of the Attorney General, State of Florida, Department of Legal Affairs. (Attachments: #1 Affidavit, #2 Affidavit)(Beamer, Denise)
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Filing 40
NOTICE of Appearance by David Paul Hill on behalf of Linda N. McNealy (Hill, David) Modified on 6/21/2016 (JET).
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Filing 39
NOTICE of Appearance by Mario A. Ceballos on behalf of Chase P. Jackowski, LPSofFla LLC, LPSofFlorida L.L.C. and YFP Solutions LLC. (Ceballos, Mario) Modified on 6/21/2016 (JET).
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Filing 38
NOTICE of Appearance by Elias R. Hilal on behalf of Clarence H. Wahl, Karen M. Wahl (Hilal, Elias)
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Filing 37
SUMMONS issued as to LPSofFla LLC. (JET)
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Filing 36
ORDER granting #11 Motion for temporary restraining order; granting #14 Motion to Appoint Receiver and appointing Mark J. Bernet as Temporary Receiver for Corporate Defendants. It is further Ordered that Defendants and Plaintiffs shall appear before this Court on June 22, 2016, at 2:00 P.M. in Courtroom 5B to show cause why this Court should not enter a preliminary injunction. Signed by Judge Carlos E. Mendoza on 6/8/2016. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (JET)
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Filing 35
ORDER granting #6 Motion to Seal; granting #7 Motion for Waiver of Security Requirement; granting #8 Motion for Leave to File Excess Pages. The Seal shall lift automatically without further order of the Court on June 13, 2016, unless either Plaintiff moves to continue the seal. Signed by Judge Carlos E. Mendoza on 6/8/2016. (JET)
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Set/reset hearings: Show Cause (Preliminary Injunction) Hearing set for 6/22/2016 at 02:00 PM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. (JET)
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Filing 34
NOTICE of Rider to the Summons by Federal Trade Commission, and Office of the Attorney General, State of Florida, Department of Legal Affairs (JET)
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Filing 33
SUMMONS issued as to Robert Guice. (JET)
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Filing 32
SUMMONS issued as to Timothy Woods. (JET)
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Filing 31
SUMMONS issued as to UAD Secure Service of FL LLC. (JET)
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Filing 30
SUMMONS issued as to UAD Secure Services LLC. (JET)
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Filing 29
SUMMONS issued as to IVD Recovery, LLC. (JET)
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Filing 28
SUMMONS issued as to Clarence H. Wahl. (JET)
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Filing 27
SUMMONS issued as to YCC Solutions LLC. (JET)
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Filing 26
SUMMONS issued as to Chase P. Jackowski. (JET)
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Filing 25
SUMMONS issued as to Karen M. Wahl. (JET)
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Filing 24
SUMMONS issued as to Kevin W. Guice. (JET)
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Filing 23
SUMMONS issued as to KWP Services of Florida LLC. (JET)
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Filing 22
SUMMONS issued as to KWP Services, LLC. (JET)
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Filing 21
SUMMONS issued as to Linda N. McNealy. (JET)
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Filing 20
SUMMONS issued as to Life Management Services of Orange County, LLC. (JET)
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Filing 19
SUMMONS issued as to Loyal Financial & Credit Services, LLC. (JET)
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Filing 18
SUMMONS issued as to LPSofFlorida L.L.C. (JET)
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Filing 17
SUMMONS issued as to PW&F Consultants of Florida LLC. (JET)
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Filing 16
SUMMONS issued as to YFP Solutions LLC. (JET)
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Filing 15
SUMMONS issued as to URB Management, LLC. (JET)
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Filing 14
MOTION (Application) to Appoint Temporary Receiver by All Plaintiffs. (JET)
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Filing 13
Exhibit List by Federal Trade Commission, and Office of the Attorney General, State of Florida, Department of Legal Affairs. (JET)
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Filing 12
MEMORANDUM in support re #11 Motion for temporary restraining order filed by Federal Trade Commission, Office of the Attorney General, State of Florida, Department of Legal Affairs. (JET) Modified on 6/15/2016 (JET). Voluminous exhibits are in a box in the Clerk's Office, in hard copy and on disk.
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Filing 11
MOTION for temporary restraining order with Asset Freeze, Appointment of a Receiver, other equitable relief and Order to Show Cause why a Preliminary Injunction should not issue by All Plaintiffs. (JET)
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Filing 10
DECLARATION of Jennifer Hinton Knutton re #6 MOTION for leave to file under seal and Motion for Temporary Restraining Order by Office of the Attorney General, State of Florida, Department of Legal Affairs. (JET)
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Filing 9
DECLARATION of Tejasvi Moka Srimushnam re #6 MOTION for leave to file under seal and Motion for Temporary Restraining Order by Federal Trade Commission. (JET)
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Filing 8
MOTION for Leave to File Excess Pages by All Plaintiffs. (JET)
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Filing 7
MOTION for miscellaneous relief, specifically for Waiver of Security Requirement by Office of the Attorney General, State of Florida, Department of Legal Affairs. (JET)
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Filing 6
MOTION for leave to file under seal entire file and docket temporarily, and Memorandum in Support, by All Plaintiffs. (JET)
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Filing 5
NOTICE of Appearance of Joshua A. Doan by Federal Trade Commission. (JET)
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Filing 4
NOTICE of Appearance of Tejasvi M. Srimushnam by Federal Trade Commission. (JET)
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Filing 3
NOTICE of Appearance of Denise Beamer by Office of the Attorney General, State of Florida, Department of Legal Affairs. (JET) Modified on 6/15/2016 (JET).
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Filing 2
NOTICE of Appearance of Jennifer Hinton Knutton by Office of the Attorney General, State of Florida, Department of Legal Affairs. (JET)
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Filing 1
COMPLAINT for Permanent Injunction and Other Relief against All Defendants filed by Office of the Attorney General, State of Florida, Department of Legal Affairs, Federal Trade Commission. (Attachments: #1 Civil Cover Sheet)(JET)
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