Aboltin v. Jeunesse LLC et al
James J Aboltin, James J. Aboltin and Pamela J. Knight |
Jeunesse LLC, Kim Hui, Wendy R. Lewis, Unknown Parties, Jason Caramanis, Ogale Ray, Scott A Lewis, Alex Morton, Jeunesse Global Incorporated, MLM Mafia, Inc., Online Communications, LLC and Kevin Giguere |
Truth in Advertising, Inc. |
Helen Xiong |
6:2017cv01624 |
September 13, 2017 |
US District Court for the Middle District of Florida |
Orlando Office |
XX US, Outside State |
Paul G Byron |
G Kendall Sharp |
T B Smith |
Karla R Spaulding |
Racketeer/Corrupt Organization |
18 U.S.C. § 1961 Racketeering (RICO) Act |
Plaintiff |
Docket Report
This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 325 ORDER denying #322 Motion to Reopen Case; granting #323 Motion for Incorporation. The Court considered the filed documents in the Motion for Incorporation in denying the Motion to Reopen Case. Signed by Judge Paul G. Byron on 10/23/2020. (CPH) |
Filing 324 BRIEF in Opposition re #322 MOTION to Reopen Case and for partial modification of the Injunction or in the alternative, partial reconsideration filed by Kim Hui, Jeunesse LLC. (Pearson, Karl) Modified on 10/16/2020 (RDO). |
Filing 323 MOTION for Miscellaneous Relief, specifically Request for Judicial Notice and For Incorporation by Helen Xiong. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lindemann, Blake) |
Filing 322 MOTION to Reopen Case and for partial modification of the Injunction or in the alternative, partial reconsideration by Helen Xiong. (Lindemann, Blake) |
Filing 321 ENDORSED ORDER directing the Clerk of Court to CLOSE the case. Signed by Judge Paul G. Byron on 10/5/2020. (GNB) copies e-mailed |
Filing 320 ENDORSED ORDER directing the parties to advise the Court why the case should not be re-closed within seven (7) days from the date of this Order. Failure to comply will result in the closure of the case without further notice. Signed by Judge Paul G. Byron on 9/24/2020. (GNB) copies e-mailed |
Filing 319 ORDER granting in part and denying in part #310 Motion to Reopen Case. The Clerk of Court is DIRECTED to reopen the case. A permanent injunction is hereby ENTERED against Hong Xue Young. Defendants' request for a permanent injunction against Helen Xiong is DENIED. Signed by Judge Paul G. Byron on 9/16/2020. (CPH) |
Filing 318 REPLY BRIEF re #313 Response in Opposition to Motion, #310 MOTION to Reopen Case and to Enforce Settlement Agreement and for Injunctive Relief filed by Kim Hui, Jeunesse LLC. (Pearson, Karl) Modified on 8/20/2020 (RDO). |
Filing 317 ENDORSED ORDER granting #316 Motion for Leave to File a Reply. Defendants may file a reply not to exceed seven pages on or before Friday, August 21, 2020. Signed by Judge Paul G. Byron on 8/19/2020. (SCM) |
Filing 316 MOTION for Miscellaneous Relief, specifically For Leave to File a Reply to #313 Response by Kim Hui, Jeunesse LLC. (Pearson, Karl) Modified on 8/19/2020 (RDO). |
Filing 315 ENDORSED ORDER granting #314 Motion to Take Judicial Notice. The Court finds it proper to take judicial notice of the entries on the docket in the Orange County Superior Court action pursuant to Fed. R. of Evid. 201. See Zurich Am. Ins. Co v. S. Owners Ins. Co., 314 F. Supp. 3d 1284, 1300 (M.D. Fla. 2018). Signed by Judge Paul G. Byron on 8/17/2020. (SCM) |
Filing 314 MOTION for Miscellaneous Relief, specifically to take Judicial Notice by Helen Xiong. (Lindemann, Blake) |
Filing 313 RESPONSE in Opposition re #310 MOTION to Reopen Case and to Enforce Settlement Agreement and for Injunctive Relief filed by Helen Xiong. (Attachments: #1 Affidavit of Blake J. LIndemann, #2 Exhibit 1-8, #3 Affidavit of Helen Xiong)(Lindemann, Blake) |
Filing 312 ORDER granting #311 Motion for Judicial Notice. Signed by Judge Paul G. Byron on 8/3/2020. (SCM) (GNB). |
Filing 311 MOTION for Miscellaneous Relief, specifically Judicial Notice by Kim Hui, Jeunesse LLC. (Pearson, Karl) |
Filing 310 MOTION to Reopen Case and to Enforce Settlement Agreement and for Injunctive Relief by Kim Hui, Jeunesse LLC. (Attachments: #1 Exhibit Declaration of J. Jacobson, #2 Exhibit Declaration of D. Kurley)(Pearson, Karl) |
Filing 309 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #308 Motion to Reopen Case. Signed by Judge Paul G. Byron on 10/25/2019. (SCM) |
Filing 308 MOTION to Reopen Case by Jason Caramanis. (Wellman, Scott) |
Filing 307 ORDER re 304 Order, #306 Notice Regarding Final Disposition filed by James J. Aboltin. The Clerk is DIRECTED to close the file. Signed by Judge Paul G. Byron on 3/13/2019. (MMW) |
Filing 306 NOTICE regarding Final Disposition by James J. Aboltin. (Batchelor, Jonathan) Modified on 3/13/2019 (RDO). |
Filing 305 MANDATE of USCA as to #293 Notice of appeal filed by Helen Xiong Issued as Mandate: 03/07/19 USCA number: 19-10125. DISMISSED. (JP) |
Filing 304 ENDORSED ORDER directing the parties to jointly advise the Court why this matter should not now be closed. Response due on or before March 12, 2019. Signed by Judge Paul G. Byron on 3/5/2019. (MMW) |
Filing 303 ENDORSED ORDER re #301 Notice of Statement Re: Report and Recommendation (DKT. 300) on Motion to Require Posting of Appeal Bond (DKT. 296). Appellant Helen Xiong asserts in her notice that she intends to consensually dismiss her Appeal to which the Motion is related, pursuant to Fed. R. App. Proc. 42 on March 4, 2019. Accordingly, the Motion is rendered moot. The Clerk is DIRECTED to terminate the Motion to Require Posting of Appeal Bond (Doc. 296) and the Report and Recommendation (Doc. 300). Signed by Judge Paul G. Byron on 3/5/2019. (MMW) |
Filing 302 NOTICE canceling Final Pretrial Conference scheduled for 4/16/2019 and Jury Trial scheduled for 5/6/2019. (GNB) copies e-mailed |
Filing 301 NOTICE of filing statement by Helen Xiong re #300 REPORT AND RECOMMENDATIONS re #296 MOTION for Bond filed by James J. Aboltin, Pamela J. Knight. (Lindemann, Blake) Modified on 3/4/2019 (RDO). |
Filing 300 REPORT AND RECOMMENDATIONS re #296 MOTION for Bond filed by James J. Aboltin, Pamela J. Knight. Signed by Magistrate Judge Thomas B. Smith on 2/15/2019. (KWH) |
Filing 299 RESPONSE in Opposition re #296 MOTION for Bond filed by Helen Xiong. (Attachments: #1 Exhibit A and B, #2 Exhibit C)(Lindemann, Blake) |
USCA appeal fees received $ 505 receipt number ORL080174 re #293 Notice of appeal filed by Helen Xiong (RCN) |
*** Motion(s) REFERRED: #296 MOTION for Bond . Motion(s) referred to Magistrate Judge Thomas B. Smith. (RDO) |
***PRO HAC VICE FEES paid by attorney Blake J. Lindemann, appearing on behalf of Helen Xiong (Filing fee $150 receipt number ORL080174.) Related document: #286 MOTION for Blake Lindemann to appear pro hac vice. (RCN) |
Filing 298 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT, Doc. 297. 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: Koretta Stanford. (KS) |
Filing 297 TRANSCRIPT of Final Fairness Hearing held on 01/08/19 before Judge Paul G. Byron. Court Reporter/Transcriber Koretta Stanford - stanarm2014@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/12/2019, Redacted Transcript Deadline set for 2/22/2019, Release of Transcript Restriction set for 4/22/2019. (KS) |
Filing 296 MOTION for an Appeal Bond by All Plaintiffs. (Attachments: #1 Exhibit 1 Declaration of Ricky Borges, #2 Exhibit 2 Declaration of Glenn T Graham)(Batchelor, Jonathan) Modified on 1/18/2019 (RDO). |
Filing 295 ENDORSED ORDER terminating #273 Motion for Attorney Fees. The Court resolved the issues raised by the motion in its Order Granting Plaintiffs' Motion for Final Approval of Class Action Settlement. Signed by Magistrate Judge Thomas B. Smith on 1/11/2019. (Smith, Thomas) |
Filing 294 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 #293 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. (JP) |
Filing 293 NOTICE OF APPEAL as to #292 Order on Motion for Settlement by Helen Xiong. Filing fee not paid. (Lindemann, Blake) |
Filing 292 ORDER granting #290 Motion for Final Approval of Class Action Settlement. Signed by Judge Paul G. Byron on 1/9/2019. (SCM) |
Filing 291 Minute Entry. Proceedings held before Judge Paul G. Byron: FINAL FAIRNESS HEARING held on 1/8/2019. Court Reporter: Koretta Stanford (GNB) copies e-mailed |
Filing 290 MOTION for final approval of class action Settlement by All Plaintiffs. (Attachments: #1 Exhibit 1 Declaration of Jonathan S Batchelor, #2 Exhibit A Epiq Weekly Report)(Batchelor, Jonathan) Modified on 12/26/2018 (LMM). |
Filing 289 DEFENDANT'S BRIEF in support of #264 Order on Motion for Settlement filed by Kim Hui, Jeunesse LLC, Kevin Giguere, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Pearson, Karl) Modified on 12/26/2018 (LMM). |
Filing 288 ENDORSED ORDER denying as moot #167 Motion to Dismiss; denying as moot #190 Motion to dismiss; denying as moot #202 Motion for Leave to File. The motions are rendered moot by the Order #264 granting Plaintiffs' Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Paul G. Byron on 12/18/2018. (SCM) |
Filing 287 ORDER granting #286 motion for Blake J. Lindemann to appear pro hac vice for Helen Xiong. Signed by Magistrate Judge Thomas B. Smith on 12/17/2018. (Smith, Thomas) |
Filing 286 MOTION for Blake Lindemann to appear pro hac vice by Helen Xiong. (Attachments: #1 Affidavit Declaration, #2 Exhibit Good Standing)(Gibney, L.) Motions referred to Magistrate Judge Thomas B. Smith. |
Filing 285 CERTIFICATE of compliance by James J. Aboltin. (Attachments: #1 Exhibit A Declaration of Ricky Borges)(Batchelor, Jonathan) Modified on 12/17/2018 (RDO). |
Filing 284 BRIEF in opposition re #259 MOTION for Preliminary Approval of Class Action Settlement filed by Helen Xiong. (Attachments: #1 Statement of Helen Xiong, #2 Exhibit 1, #3 Exhibit 2)(RDO) |
Filing 283 AMICUS CURIAE BRIEF in Opposition to the Proposed Settlement Agreement re 282 Order on Motion for Leave to File by Truth in Advertising, Inc.. (Litchford, Hal) Modified on 12/10/2018 (RDO). |
Filing 282 ENDORSED ORDER granting in part and denying in part #270 Truth in Advertising, Inc.'s Motion for Leave to File Brief as Amicus Curiae. The motion is granted to the extent it requests leave to file a brief in opposition to the proposed settlement. To the extent Truth In Advertising, Inc. seeks to appear before the Court at the Final Fairness Hearing, the motion is denied. Signed by Judge Paul G. Byron on 12/5/2018. (SCM) |
Filing 281 RESPONSE to#270 MOTION for leave to file Brief as Amicus Curiae In Opposition to Proposed Settlement filed by Kim Hui, Jeunesse LLC, Kevin Giguere, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Pearson, Karl) Modified on 12/5/2018 (RDO). |
Filing 280 JOINT NOTICE by James J. Aboltin, Pamela J. Knight Regarding Non-Signatory Defendants (Batchelor, Jonathan) Modified on 12/3/2018 (RDO). |
Filing 279 ORDER granting in part and denying in part #272 Motion for clarification. Signed by Magistrate Judge Thomas B. Smith on 11/29/2018. (EC) |
Filing 278 Case Reassigned to Magistrate Judge Thomas B. Smith. New case number: 6:17-cv-1624-Orl-40TBS. Motion #273 First MOTION for Attorney Fees referred to Magistrate Judge Thomas B. Smith. (MAA) |
Filing 277 NOTICE of compliance re #269 Order by James J. Aboltin (Batchelor, Jonathan) Modified on 11/26/2018 (RDO). |
Filing 276 CORRECTED RESPONSE to #272 First MOTION for clarification Corrected filed by Kim Hui, Jeunesse LLC, Kevin Giguere, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Pearson, Karl) Modified on 11/26/2018 (RDO). |
Filing 275 ORDER of Recusal. Magistrate Judge Karla R. Spaulding recused. The Clerk of Court is DIRECTED to reassign this case to another magistrate judge. Signed by Magistrate Judge Karla R. Spaulding on 11/20/2018. (ECJ) |
Filing 274 RESPONSE to Motion re #272 First MOTION for clarification filed by Kim Hui, Jeunesse LLC, Kevin Giguere, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Pearson, Karl) |
Filing 273 First MOTION for Attorney Fees by All Plaintiffs. (Attachments: #1 Main Document Memorandum of Law, #2 Exhibit Declaration of Jonathan S Batchelor, #3 Exhibit Declaration of David N Ferrucci, #4 Text of Proposed Order Proposed Order)(Batchelor, Jonathan) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 272 First MOTION for clarification re #269 Order by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit)(Batchelor, Jonathan) Modified on 11/21/2018 (RDO). |
Filing 271 CERTIFICATE of interested persons and corporate disclosure statement re #104 Interested persons order by Truth in Advertising, Inc.. (Litchford, Hal) |
Filing 270 MOTION for leave to file Brief as Amicus Curiae In Opposition to Proposed Settlement by Truth in Advertising, Inc.. (Attachments: #1 Exhibit 1 - Brief, #2 Exhibit 2 - Notice)(Litchford, Hal) |
Filing 269 ORDER granting in part and denying in part #268 Motion for Extension of Time to File Motion for Attorneys' Fees. The deadline to file the motion is extended to November 21, 2018 on or before noon Eastern Standard Time. Notice of this motion must be provided to potential Settlement Class members in the manner and by the dates and times specified in the.pdf order. The.pdf order also extends the deadline for potential Settlement Class members to object to the settlement to December 7, 2018, by objections postmarked by that date. See.pdf order for other requirements.. Signed by Magistrate Judge Karla R. Spaulding on 11/20/2018. (Spaulding, Karla) (Spaulding, Karla). |
Filing 268 MOTION for Extension of Time to File Motion for Approval of Attorneys Fees and Costs by James J. Aboltin, Pamela J. Knight. (Attachments: #1 Text of Proposed Order Proposed Order Motion to Extend Attorneys Fees Deadline)(Ferrucci, David) |
Filing 267 ENDORSED ORDER directing Plaintiffs and the non-settling Defendants, Jason Caramanis, Alex Morton, and MLM Mafia, Inc., to jointly advise the Court why this matter should not be reopened. The parties shall file a joint statement by Friday, November 30, 2018. Signed by Judge Paul G. Byron on 11/16/2018. (SCM) |
Filing 266 ENDORSED ORDER denying as moot #150 Motion to dismiss; denying as moot #151 Motion to Compel Arbitration; denying as moot #152 Motion to Certify Class; denying as moot #245 Motion to Dismiss. The motions are rendered moot by the Order #264 granting Plaintiffs' Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Paul G. Byron on 11/16/2018. (SCM) |
Filing 265 NOTICE of Hearing: Final Fairness Hearing set for 1/8/2019 at 3:00 PM in Orlando Courtroom 4B before Judge Paul G. Byron. (GNB) copies e-mailed |
Filing 264 ORDER granting #259 Plaintiffs' Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Paul G. Byron on 9/13/2018. (SCM) |
Filing 263 Minute Entry. Proceedings held before Judge Paul G. Byron: MOTION HEARING held on 9/12/2018 re #259 MOTION for Preliminary Approval of Class Action Settlement filed by James J. Aboltin, Pamela J. Knight. Court Reporter: Koretta Stanford (GNB) copies e-mailed |
Filing 262 ENDORSED ORDER granting #261 Defendants' Motion to Excuse Lead Counsel. Signed by Judge Paul G. Byron on 9/5/2018. (SCM) |
Filing 261 UNOPPOSED MOTION to Excuse Lead Counsel's Absence at the Hearing on Motion for Preliminary Approval of Class Action Settlement and Allow Local Counsel to Appear by Jason Caramanis, MLM Mafia, Inc.. (Attachments: #1 Affidavit)(Wellman, Chris) Modified on 9/4/2018 (RDO). |
Filing 260 NOTICE of hearing on motion re #259 MOTION for Preliminary Approval of Class Action Settlement. Motion Hearing set for 9/12/2018 at 10:30 AM in Orlando Courtroom 4B before Judge Paul G. Byron, U.S. District Court, 401 West Central Blvd, Orlando, Florida. The Court has set aside one (1) hour for this hearing. (GNB) copies e-mailed |
Filing 259 MOTION for Preliminary Approval of Class Action Settlement by James J. Aboltin, Pamela J. Knight. (Attachments: #1 Exhibit 1, #2 Main Document Memorandum in Support of Motion for Preliminary Approval of Class Action Settlement, #3 Text of Proposed Order Granting Plaintiffs' Motion for Preliminary Approval of Class Action Settlement)(Batchelor, Jonathan) Text modified on 8/20/2018 (RDO). |
Filing 258 STIPULATION OF SETTLEMENT by James J. Aboltin, Pamela J. Knight. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order Granting Plaintiffs' Motion for Preliminary Approval of Class Action Settlement)(Batchelor, Jonathan) |
Filing 257 ORDER granting #256 Motion for Extension of Time to File. The parties shall have until and including August 17, 2018, to file a motion for preliminary settlement approval. Signed by Judge Paul G. Byron on 8/13/2018. (ALJ) |
Filing 256 STIPULATED MOTION for Extension of Time to File Motion For Preliminary Approval of Class Action Settlement by All Plaintiffs. (Batchelor, Jonathan) Modified on 8/13/2018 (RDO). |
Filing 255 ENDORSED ORDER granting #254 Motion for Extension of Time to File. The motion for preliminary approval of a class action settlement shall be filed on or before August 13, 2018. Signed by Judge Paul G. Byron on 8/1/2018. (MMW) |
Filing 254 STIPULATED MOTION for Extension of Time to File Motion For Preliminary Approval of Class Action Settlement by All Plaintiffs. (Batchelor, Jonathan) Modified on 8/1/2018 (RDO). |
Case Stayed. (ALL) |
Filing 253 ENDORSED ORDER granting #252 Joint Motion to Stay Pending Settlement. This case is STAYED pending a motion for preliminary approval of a class action settlement which shall be filed on or before August 1, 2018. The Clerk is DIRECTED to enter a stay. Signed by Judge Paul G. Byron on 7/2/2018. (MMW) |
Filing 252 Joint MOTION to stay Pending Settlement by All Plaintiffs. (Batchelor, Jonathan) |
Filing 251 NOTICE of supplemental authority re #151 MOTION to compel arbitration by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Attachments: #1 Exhibit to Notice of Supplemental Authority)(Pearson, Karl) |
Filing 250 RESPONSE in Opposition re #245 MOTION to dismiss for failure to state a claim filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Modified on 5/16/2018 (ALL). |
Filing 249 MEDIATION report Hearing held on 05/09/2018. Hearing outcome: Impasse.. (Pearson, Karl) |
Filing 248 NOTICE OF SUPPLEMENTAL AUTHORITY re #151 MOTION to compel arbitration by Kim Hui, Jeunesse LLC, Kevin Giguere, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Attachments: #1 Exhibit)(Pearson, Karl) Modified on 5/14/2018 (RDO). |
Filing 247 ORDER granting #246 Motion for Extension of Time to File Response/Reply re #245 MOTION to dismiss for failure to state a claim Responses due by 5/15/2018. Signed by Magistrate Judge Karla R. Spaulding on 5/4/2018. (RDO) |
Filing 246 Unopposed MOTION for Extension of Time until 5/15/18 to File Response to Defendants #245 Motion to Dismiss by James J. Aboltin, Pamela J. Knight. (Attachments: #1 Text of Proposed Order Proposed Order)(Batchelor, Jonathan) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 5/4/2018 (RDO). |
Filing 245 MOTION to dismiss for failure to state a claim by Kim Hui, Kevin Giguere. (Pearson, Karl) |
Filing 244 ORDER denying #243 Unopposed Motion to Extend Time to File Responsive Pleading to the Complaint. Signed by Magistrate Judge Karla R. Spaulding on 4/5/2018. (ECJ) |
Filing 243 Unopposed MOTION for Extension of Time to File Response/Reply as to #123 Amended Complaint , MOTION for Extension of Time to File Answer to First Amended Complaint by Kim Hui, Kevin Giguere. (Pearson, Karl) Motions referred to Magistrate Judge Karla R. Spaulding. |
Set/reset scheduling order deadlines: Conduct mediation hearing by 5/9/2018. Lead counsel to coordinate dates. (RDO) |
Filing 242 ORDER granting #241 Joint Motion to Continue Mediation Deadline. The deadline for the parties to complete mediation is extended up to and including May 9, 2018. Signed by Magistrate Judge Karla R. Spaulding on 4/2/2018. (ECJ) |
Filing 241 Joint MOTION to Continue Mediation by James J. Aboltin, Pamela J. Knight. (Attachments: #1 Text of Proposed Order Proposed Order Re: Joint Motion to Continue Mediation)(Batchelor, Jonathan) |
Filing 240 ORDER to strike re: #238 Compliance notice filed by Jason Caramanis, MLM Mafia, Inc., #239 Compliance notice filed by James J. Aboltin, Pamela J. Knight, #237 Compliance notice filed by Scott A Lewis, Kim Hui, Jeunesse LLC, Wendy R. Lewis, Ogale Ray, Kevin Giguere. Signed by Magistrate Judge Karla R. Spaulding on 3/2/2018. (ECJ) |
Filing 239 (STRICKEN BY #240 ORDER) NOTICE of compliance re #210 Case Management and Scheduling Order by James J. Aboltin, Pamela J. Knight (Batchelor, Jonathan) Modified on 3/1/2018 (RDO). Modified on 3/5/2018 (RDO). |
Filing 238 (STRICKEN BY #240 ORDER) NOTICE of compliance re #210 Case Management and Scheduling Order by Jason Caramanis, MLM Mafia, Inc. (Wellman, Chris) Modified on 3/1/2018 (RDO). Modified on 3/5/2018 (RDO). |
Filing 237 (STRICKEN BY #240 ORDER) NOTICE of compliance re #210 Case management and scheduling order Rule 26(a)(1) Disclosures to counsel by Kim Hui, Jeunesse LLC, Kevin Giguere, Scott A Lewis, Wendy R. Lewis, Ogale Ray (Pearson, Karl) Modified on 3/5/2018 (RDO). |
Filing 236 ENDORSED ORDER discharging #226 Order to Show Cause. Signed by Judge Paul G. Byron on 2/23/2018. (MMW) |
Filing 235 Clerk's ENTRY OF DEFAULT as to Online Communications, LLC (RDO) |
Filing 234 RESPONSE TO ORDER TO SHOW CAUSE re #226 Order to show cause filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) |
Filing 233 MOTION for default Application for Entry of Default against Online Communications by James J. Aboltin, Pamela J. Knight. (Attachments: #1 Exhibit Exhibit A)(Batchelor, Jonathan) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 232 CERTIFICATE of interested persons and corporate disclosure statement re #227 Interested persons order by Alex Morton. (Bartlett, Charles) |
Filing 231 CERTIFICATE of interested persons and corporate disclosure statement re #227 Interested persons order by Kim Hui, Kevin Giguere. (Pearson, Karl) |
Filing 230 ORDER granting #229 Unopposed Motion to Extend Time to File Responsive Pleadings to the Complaint. The deadline for Defendants Kevin Giguere and Kim Hui to answer or otherwise respond to the First Amended Complaint (Doc. No. 123) is extended up to and including April 18, 2018. Signed by Magistrate Judge Karla R. Spaulding on 2/21/2018. (ECJ) |
Filing 229 Unopposed MOTION for Extension of Time to File Answer to Complaint by Kim Hui, Kevin Giguere. (Pearson, Karl) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 228 NOTICE OF SELECTION of Lizbeth Hasse, Esq. as mediator by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray.(Jacobson, Jeffrey) |
Filing 227 INTERESTED PERSONS ORDER. Defendants Alex Morton and Kevin Giguere shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 2/8/2018. (GNB) copies e-mailed |
Filing 226 ORDER TO SHOW CAUSE as to Plaintiffs James J. Aboltin, Pamela J. Knight. Plaintiffs shall show cause within fourteen (14) days from the date of this Order why the complaint against the Defendant Online Communications, LLC should not be dismissed for failure to prosecute pursuant to Local Rule 3.10(a), M.D. Fla. Failure to respond to this order may result in dismissal of Online Communications, LLC without prejudice. Signed by Judge Paul G. Byron on 2/8/2018. (GNB) copies e-mailed |
Filing 225 ORDER granting #224 Motion for Extension of Time to Notify the Court of the Parties' Selection of Mediator and Date. The deadline for the parties to file a notice informing the Court of their agreed-upon mediator and the date of the mediation is extended up to and including February 9, 2018. Signed by Magistrate Judge Karla R. Spaulding on 2/5/2018. (ECJ) |
Set/reset deadlines/hearings: for Kim Hui, Kevin Giguere. Answer due by 3/1/2018. (RDO) |
Filing 224 UNOPPOSED MOTION to extend time to Notify the Court of the Parties' Selection of Mediator and Date by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 2/5/2018 (RDO). |
Filing 223 ENDORSED ORDER granting in part and denying in part #222 Motion for Extension of Time to Answer or respond to #123 Amended Complaint. The Court cannot efficiently monitor the progress of litigation if deadlines are contingent on rulings on motions. According, the deadline for Defendants Giguere and Hui to answer or response to the amended complaint is extended to March 1, 2018. Signed by Magistrate Judge Karla R. Spaulding on 2/2/2018. (Spaulding, Karla) |
Filing 222 Unopposed MOTION to Defer Time to File Responsive Pleading to Complaint by Kim Hui, Kevin Giguere. (Pearson, Karl) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 2/2/2018 (RDO). |
Filing 221 NOTICE of supplemental authority re #151 MOTION to compel arbitration by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Attachments: #1 Exhibit to Notice of Supplemental Authority)(Pearson, Karl) |
Filing 220 NOTICE of Appearance by Karl E. Pearson on behalf of Kevin Giguere (Pearson, Karl) |
Filing 219 NOTICE of Appearance by Karl E. Pearson on behalf of Kim Hui (Pearson, Karl) |
Filing 218 ENDORSED ORDER denying #217 Motion for Leave to File Reply Brief. The Court will direct the parties to supplement briefing if necessary. Signed by Judge Paul G. Byron on 1/29/2018. (BAH) |
Filing 217 MOTION for leave to file Reply to #214 Response in Opposition to Motion to Dismiss by Alex Morton. (Bartlett, Charles) Modified on 1/29/2018 (RDO). |
Filing 216 RETURN of service executed on January 14, 2018 by James J. Aboltin, Pamela J. Knight as to Kevin Giguere. (Batchelor, Jonathan) |
Filing 215 RETURN of service executed on December 18, 2017 by James J. Aboltin, Pamela J. Knight as to Kim Hui. (Batchelor, Jonathan) |
Filing 214 RESPONSE to Motion re #190 MOTION to Dismiss under Rule 41(b), FRCP filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) |
Filing 213 (WRONG CODE. REFILED AT #216) PROOF of service by James J. Aboltin, Pamela J. Knight (Batchelor, Jonathan) Modified on 1/24/2018 (RDO). |
Filing 212 (WRONG CODE. REFILED AT #215) PROOF of service by James J. Aboltin, Pamela J. Knight (Batchelor, Jonathan) Modified on 1/24/2018 (RDO). |
Filing 211 CASE REFERRED to Mediation. No mediator selected at this time. (RDO) |
Set/reset scheduling order deadlines: Amended Pleadings due by 3/16/2018, Discovery due by 12/3/2018, Dispositive motions due by 1/2/2019, Pretrial statement due by 3/19/2019, All other motions due by 3/26/2019, Final Pretrial Conference set for 4/16/2019 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for trial term beginning on 5/6/2019 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 4/30/2018. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 6/15/2018, Plaintiff disclosure of expert report due by 6/1/2018 (RDO) |
Filing 210 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Paul G. Byron on 1/19/2018. (MMW) |
Filing 209 RESPONSE in Opposition re #152 MOTION to Deny Class Certification filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Modified on 1/17/2018 (RDO). |
Filing 208 RESPONSE in Opposition re #202 First MOTION for leave to file a reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss pursuant to FED. R. CIV. P. 12(b)(2) and 12(b)(6) filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Modified on 1/17/2018 (RDO). |
Filing 207 REPLY BRIEF in support of #151 MOTION to compel arbitration filed by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Jacobson, Jeffrey) Modified on 1/17/2018 (RDO). |
Filing 206 ENDORSED ORDER granting #205 Motion to Withdraw as Attorney. Attorney Gavin David Magaziner withdraws as counsel for MLM Mafia, Inc. and Jason Caramanis. These defendants remain represented by other counsel of record. Signed by Magistrate Judge Karla R. Spaulding on 1/16/2018. (Spaulding, Karla) |
Filing 205 MOTION for Gavin D. Magaziner to withdraw as attorney by Jason Caramanis, MLM Mafia, Inc.. (Magaziner, Gavin) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 1/16/2018 (RDO). |
Filing 204 ORDER granting #193 Renewed Stipulated Motion for Substitution of Counsel for the Jeunesse Defendants. Attorney Michael Cosmas Woodard; Jennings L. Hurt, III and Isaac R. Ruiz-Carus terminated. Signed by Magistrate Judge Karla R. Spaulding on 1/12/2018. (ECJ) |
Filing 203 DECLARATION of Chris Wellman in Support of #202 MOTION for leave to file a reply to Plaintiffs' Opposition to Defendants' Motion to Dismiss pursuant to FED. R. CIV. P. 12(b)(2) and 12(b)(6) by Jason Caramanis, MLM Mafia, Inc.. (Attachments: #1 Exhibit)(Wellman, Chris) Modified on 1/12/2018 (RDO). |
Filing 202 MOTION for leave to file a reply to Plaintiffs' #198Opposition to Defendants' Motion to Dismiss pursuant to FED. R. CIV. P. 12(b)(2) and 12(b)(6) by Jason Caramanis, MLM Mafia, Inc.. (Wellman, Chris) Modified on 1/12/2018 (RDO). |
Filing 201 Written designation and consent to act by Karl E. Pearson on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Local Counsel: Karl E. Pearson. Non-Resident Counsel: Jeffrey S. Jacobson. (Pearson, Karl) |
Filing 200 Written designation and consent to act by Jeffrey S. Jacobson on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Local Counsel: Karl E. Pearson, Esq.. Non-Resident Counsel: Jeffrey S. Jacobson, Esq.. (Jacobson, Jeffrey) |
Filing 199 Written designation and consent to act by Glenn Timothy Graham on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Local Counsel: Karl E. Pearson, Esq.. Non-Resident Counsel: Glenn T. Graham, Esq.. (Graham, Glenn) |
Filing 198 RESPONSE in Opposition re #167 MOTION to Dismiss Defendants Jason Caramanis and MLM Mafia, Inc. from this action based on FRCP 12(b)(2) and FRCP 12(b)(6) filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Modified on 1/9/2018 (RDO). |
Filing 197 ORDER re #193 MOTION to Substitute Attorney Jennings L. Hurt, Esquire, et al filed by Scott A Lewis, Jeunesse LLC, Wendy R. Lewis, Ogale Ray. It is ORDERED that, on or before January 12, 2018, Attorneys Pearson, Jacobson, and Graham shall supplement the motion for substitution of counsel with a written designation and consent-to-act that complies with Local Rule 2.02(a). Signed by Magistrate Judge Karla R. Spaulding on 1/8/2018. (ECJ) |
Filing 196 ENDORSED ORDER granting #192 Motion for Leave to File Reply brief. Defendants' reply brief shall not exceed five (5) pages and shall be filed on or before January 16, 2018. Signed by Judge Paul G. Byron on 1/8/2018. (BAH) |
Filing 195 RESPONSE re #165 Notice of pendency of related cases filed by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Jacobson, Jeffrey) Modified on 1/9/2018 (RDO). |
Filing 194 RESPONSE in Opposition re #192 MOTION for leave to file Reply to Plaintiffs' Opposition to Motion to Compel Arbitration filed by James J. Aboltin, Pamela J. Knight. (Brijbasi, Vijay) |
Filing 193 MOTION to Substitute Attorney Jennings L. Hurt, Esquire, et al by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Pearson, Karl) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 192 MOTION for leave to file Reply to Plaintiffs' Opposition to #151 Motion to Compel Arbitration by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Jacobson, Jeffrey) Modified on 1/8/2018 (RDO). |
Filing 191 ORDER denying as moot #169 Motion to Stay Discovery Pursuant to the PSLRA. Signed by Magistrate Judge Karla R. Spaulding on 1/5/2018. (ECJ) |
Filing 190 MOTION to Dismiss under Rule 41(b), FRCP by Alex Morton. (Bartlett, Charles) |
Filing 189 ENDORSED ORDER vacating #182 Order referring this case to the magistrate judge, in light of the parties' #183 Joint Notice of Errata with Respect to Case Management Report filed by Scott A Lewis, Jeunesse LLC, Wendy R. Lewis, Ogale Ray. Signed by Judge Paul G. Byron on 1/3/2018. (MMW) |
Filing 188 Case Reassigned to Magistrate Judge Karla R. Spaulding as presider. New case number: 6:17-cv-1624-ORL-KRS. (RDO) |
Filing 187 CONSENT to trial by U.S. Magistrate Judge by all parties. (see #181 Case Management Report) (RDO) |
Filing 186 RESPONSE in Opposition re #169 MOTION to stay discovery filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Modified on 1/3/2018 (RDO). |
Filing 185 RESPONSE in Opposition re #151 MOTION to compel arbitration filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Modified on 1/3/2018 (RDO). |
Filing 184 RESPONSE in Opposition re #150 MOTION to Dismiss the Complaint filed by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Modified on 1/3/2018 (RDO). |
Filing 183 JOINT NOTICE by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray of Errata re #181 Case Management Report. (Jacobson, Jeffrey) Modified on 1/3/2018 (RDO). |
Filing 182 ORDER re #181 Case Management Report. This case is REFERRED to the assigned United States Magistrate Judge, for all further proceedings and the entry of judgment in accordance with 28 U.S.C. 636(c) and Fed.R.Civ.P. 73, with any appeal to be taken to the United States Court of Appeals. Signed by Judge Paul G. Byron on 1/2/2018. (MMW) |
Filing 181 CASE MANAGEMENT REPORT. (Batchelor, Jonathan) |
Filing 180 ORDER granting #178 Motion for Extension of Time to File Response to#152 MOTION to Deny Class Certification. Responses due by 1/16/2018. Signed by Magistrate Judge Karla R. Spaulding on 12/22/2017. (RDO) |
Filing 179 DECLARATION of Jonathan S. Batchelor in Support of Plaintiffs' Response to #160 Order to show cause by James J. Aboltin, Pamela J. Knight. (Batchelor, Jonathan) Modified on 12/22/2017 (RDO). |
Filing 178 UNOPPOSED MOTION for Extension of Time until 1/16/18 to File Response to Defendants' #152 Motion Re: Class Certification by James J. Aboltin, Pamela J. Knight. (Attachments: #1 Text of Proposed Order Proposed Order Re: Unopposed Motion for Extension of Time to Respond to Defendants' Motion Re: Class Certification)(Batchelor, Jonathan) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 12/22/2017 (RDO). |
Filing 177 ORDER denying without prejudice #176 Motion to Substitute Attorney.. Signed by Magistrate Judge Karla R. Spaulding on 12/19/17. (RDO) |
Filing 176 STIPULATION for Substitution of Counsel by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Pearson, Karl) Modified on 12/20/2017 (RDO). |
Filing 175 ENDORSED ORDER allowing counsel to meet to prepare the Case Management Report of December 15, 2017 and relieving them of the obligation of meeting for this purpose on December 28, 2017 in Orlando, Florida. Signed by Magistrate Judge Karla R. Spaulding on 12/15/2017. (Spaulding, Karla) |
Filing 174 STIPULATION re #173 Order on motion to modify , modifying order to permit lead counsel for the parties to meet in person for the case management conference on 12/15/2017 and vacate the requirement that lead counsel meet on 12/28/2017. by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Jacobson, Jeffrey) |
Filing 173 ORDER granting in part and denying in part #168 Motion to modify. Lead counsel shall meet in person for the case management conference on December 28,2017, at 10:00 a.m. in the witness room adjacent to my courtroom (Courtroom 5D, U.S. Courthouse, 401 W. Central Blvd., Orlando, FL), unless lead counsel agree to another location on that date or an earlier date in a written, signed, and filed stipulation. In either case, the deadline for filing thejoint Case Management Report remains January 2, 2018. Signed by Magistrate Judge Karla R. Spaulding on 12/12/2017. (MAA) |
Filing 172 CERTIFICATE of interested persons and corporate disclosure statement re #159 Interested persons order by MLM Mafia, Inc.. (Wellman, Scott) Text modified on 12/12/2017 (RDO). |
Filing 171 DECLARATION of Declaration of Jonathan S. Batchelor in Support of #170 Response to Defendants' Unopposed Motion to Modify Rule 26(f) Case Mangement Conference re #170 Response to motion by James J. Aboltin, Pamela J. Knight. (Attachments: #1 Exhibit Exhibit A)(Ferrucci, David) Modified on 12/12/2017 (RDO). |
Filing 170 RESPONSE to Motion re #168 First MOTION to modify Motion to Modify Rule 26(f) Case Management Conference Plaintiffs' Response to Defendants' Unopposed Motion to Modify Rule 26(f) Case Management Conference filed by James J. Aboltin, Pamela J. Knight. (Ferrucci, David) |
Filing 169 MOTION to stay discovery PURSUANT TO THE PSLRA AND INCORPORATED MEMORANDUM OF LAW by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Hurt, Jennings) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 168 UNOPPOSED MOTION to modify Motion to Modify Rule 26(f) Case Management Conference by Jason Caramanis, MLM Mafia, Inc.. (Wellman, Scott) Modified on 12/12/2017 (RDO). |
Filing 167 MOTION to Dismiss Defendants Jason Caramanis and MLM Mafia, Inc. from this action based on FRCP 12(b)(2) and FRCP 12(b)(6) by Jason Caramanis, MLM Mafia, Inc.. (Wellman, Scott) Modified on 12/11/2017 (RDO). |
Filing 166 CERTIFICATE OF INTERESTED PERSONS and CORPORATE Disclosure Statement re #104 Interested Persons Order by James J. Aboltin, Pamela J. Knight. (Ferrucci, David) Modified on 12/11/2017 (RDO). |
Filing 165 NOTICE of pendency of related cases per Local Rule 1.04(d) re #103 Related Case Order by James J. Aboltin, Pamela J. Knight. Related case(s): Yes (Ferrucci, David) Modified on 12/11/2017 (RDO). |
Filing 164 RETURN of service executed on December 4, 2017 by James J. Aboltin, Pamela J. Knight as to Online Communications, LLC. (Ferrucci, David) |
Filing 163 DECLARATION of Jason Caramanis in Support of #167 Motion to Dismiss Pursuant to FRCP Rule 12(b)(2) by Jason Caramanis, MLM Mafia, Inc.. (Wellman, Scott) Modified on 12/11/2017 (RDO). |
Filing 162 (WRONG EVENT CODE USED. ATTORNEY TO REFILE) PROOF of service by James J. Aboltin, Pamela J. Knight (Ferrucci, David) Modified on 12/8/2017 (RDO). |
Filing 161 ENDORSED ORDER directing the parties to file an Amended Case Management Report in compliance with the Court's Orders at #156 and #157 on or before January 2, 2018. Signed by Judge Paul G. Byron on 12/7/2017. (GNB) copies e-mailed |
Filing 160 ORDER TO SHOW CAUSE as to Plaintiffs James J. Aboltin and Pamela J. Knight. Plaintiffs have failed to comply with the Court's Orders #103 and #104. Plaintiffs shall SHOW CAUSE and file their response to said Orders within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal without prejudice or other appropriate sanctions. Signed by Judge Paul G. Byron on 12/7/2017. (GNB) copies e-mailed |
Filing 159 INTERESTED PERSONS ORDER. Defendant MLM Mafia, Inc. shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 12/7/2017. (GNB) copies e-mailed |
Remark: Attorney David Bray has failed to comply with this Court's Order (Doc. 125). The Clerk's Office will no longer forward paper copies of any filing made by the Court to Attorney Bray. (GNB) copies mailed/e-mailed |
Filing 158 ENDORSED ORDER striking #148 #149 Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim for failure to comply with Local Rule 3.01[a]. Defendants Jason Caramanis and MLM Mafia, Inc. are directed to file a single motion to dismiss in compliance with Local Rules by December 11, 2017. Signed by Judge Paul G. Byron on 12/4/2017. (BAH) |
Filing 157 ORDER: The parties are DIRECTED to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. Signed by Judge Paul G. Byron on 12/4/2017. (MMW) |
Filing 156 ORDER to strike re: #155 Case Management Report, #147 Case Management Report. Signed by Judge Paul G. Byron on 12/4/2017. (MMW) |
Filing 155 (STRICKEN BY #156 ORDER) CASE MANAGEMENT REPORT. (Brijbasi, Vijay) Modified on 12/5/2017 (RDO). |
Filing 154 (THIS IS A DUPLICATE OF THE DECLARATION FILED AT #153) SECOND DECLARATION of Ryan Ogden re #151 MOTION to compel arbitration by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Hurt, Jennings) Modified on 12/4/2017 (RDO). |
Filing 153 SECOND DECLARATION of Ryan Ogden re #152 MOTION to Certify Class Deny Class Certification by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Hurt, Jennings) Modified on 12/4/2017 (RDO). |
Filing 152 MOTION to Deny Class Certification by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Hurt, Jennings) Modified on 12/4/2017 (RDO). |
Filing 151 MOTION to compel arbitration by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Hurt, Jennings) |
Filing 150 MOTION to Dismiss the Complaint by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Hurt, Jennings) |
Filing 149 (STRICKEN BY #158 ENDORSED ORDER) MOTION to dismiss for failure to state a claim Pursuant to FRCP Rule 12(b)(6) by Jason Caramanis, MLM Mafia, Inc.. (Wellman, Scott) Modified on 12/1/2017 (RDO). Modified on 12/5/2017 (RDO). |
Filing 148 (STRICKEN BY #158 ENDORSED ORDER) MOTION to dismiss for lack of jurisdiction Pursuant to FCRP Rule 12(b)(2) by Jason Caramanis, MLM Mafia, Inc.. (Attachments: #1 Affidavit)(Wellman, Scott) Modified on 12/1/2017 (RDO). Modified on 12/5/2017 (RDO). |
Filing 147 (STRICKEN BY [156 ORDER) CASE MANAGEMENT REPORT. (Hurt, Jennings) Modified on 12/5/2017 (RDO). |
Filing 146 NOTICE of Appearance as Co-Counsel by Scott W. Wellman on behalf of MLM Mafia, Inc. (Wellman, Scott) Modified on 11/22/2017 (RDO). |
Filing 145 NOTICE of Appearance as Co-Counsel by Chris Wellman on behalf of MLM Mafia, Inc. (Wellman, Chris) Modified on 11/22/2017 (RDO). |
Filing 144 ORDER AND DIRECTION TO THE CLERK OF COURT granting #140 motion to appear pro hac vice; granting #141 motion to appear pro hac vice. Scott W. Wellman, Esq., and Chris Wellman, Esq., who have already specially appeared in this case as counsel for Defendant Jason Caramanis, may also specially appear in this case as counsel for Defendant MLM Mafia, Inc., with Gavin D. Magaziner, Esq. and Amanda R. Dunn, Esq. serving as local counsel. Signed by Magistrate Judge Karla R. Spaulding on 11/21/2017. (ECJ) |
Filing 143 DECLARATION of Chris Wellman re #141 MOTION for Chris Wellman to appear pro hac vice by MLM Mafia, Inc.. (Magaziner, Gavin) |
Filing 142 DECLARATION of Scott W. Wellman re #140 MOTION for Scott W. Wellman to appear pro hac vice by MLM Mafia, Inc.. (Magaziner, Gavin) |
Filing 141 MOTION for Chris Wellman to appear pro hac vice by MLM Mafia, Inc.. (Attachments: #1 Exhibit A)(Magaziner, Gavin) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 140 MOTION for Scott W. Wellman to appear pro hac vice by MLM Mafia, Inc.. (Attachments: #1 Exhibit A)(Magaziner, Gavin) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 139 WAIVER of service returned executed on 11/17/2017 by James J. Aboltin, Pamela J. Knight as to MLM Mafia, Inc.. (Batchelor, Jonathan) |
Filing 138 NOTICE of Appearance by Amanda Rose Dunn on behalf of MLM Mafia, Inc. (Dunn, Amanda) |
Filing 137 NOTICE of Appearance by Gavin David Magaziner on behalf of MLM Mafia, Inc. (Magaziner, Gavin) |
Filing 136 SUMMONS issued as to Kim Hui. (original mailed to counsel for service) (RDO) |
Filing 135 SUMMONS issued as to Kevin Giguere. (original mailed to counsel for service) (RDO) |
Filing 134 SUMMONS issued as to Alex Morton. (original mailed to counsel for service) (RDO) |
Filing 133 SUMMONS issued as to Online Communications, LLC. (original mailed to counsel for service) (RDO) |
Filing 132 ENDORSED ORDER vacating #126 Order to comply with electronic filing until such time as Defendant Alex Morton has been served with the complaint and counsel for Alex Morton has filed an appearance in this case. Signed by Judge Paul G. Byron on 11/14/2017. (GNB) copies mailed/e-mailed |
Filing 130 ORDER AND DIRECTION TO THE CLERK OF COURT granting #127 Motion to Appear Pro Hac Vice; granting #128 Motion to Appear Pro Hac Vice ; granting #129 Motion to Appear Pro Hac Vice. John P. Desmond, Esq., Jonathan S. Batchelor, Esq., and David N. Ferrucci, Esq., may specially appear in this case as counsel for Plaintiff with Vijay G. Brijbasi, Esq., serving as local counsel. Signed by Magistrate Judge Karla R. Spaulding on 11/6/2017. (ECJ) |
Filing 129 MOTION for David N. Ferrucci to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A - Declaration of David N. Ferrucci, #2 Exhibit Exhibit B - Special Admission Atty Certification by David N. Ferrucci)(Brijbasi, Vijay) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 128 MOTION for Jonathan S. Batchelor to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A - Declaration of Jonathan S. Batchelor, #2 Exhibit Exhibit B - Special Admission Atty Certification by Jonathan S. Batchelor)(Brijbasi, Vijay) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 127 MOTION for John P. Desmond to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of John P. Desmond, #2 Exhibit Exhibit B - Special Admission Atty Certification by John P. Desmond)(Brijbasi, Vijay) Motions referred to Magistrate Judge Karla R. Spaulding. |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jonathan S. Batchelor, appearing on behalf of James J. Aboltin, Pamela J. Knight (Filing fee $150 receipt number ORL068341.). (RDO) |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney John P. Desmond, appearing on behalf of James J. Aboltin, Pamela J. Knight (Filing fee $150 receipt number ORL068342.). (RDO) |
Filing 126 ORDER for David Eisenstein to comply with the administrative procedures regarding electronic filing with thirty (30) days from the date of this Order. Signed by Judge Paul G. Byron on 11/3/2017. (GNB) copies mailed |
Filing 125 ORDER for Jonathan Batchelor, David Bray, Chris Wellman, and David Ferrucci to comply with the administrative procedures regarding electronic filing within thirty (30) days from the date of this Order. Signed by Judge Paul G. Byron on 11/3/2017. (GNB) copies mailed/e-mailed |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney David N. Ferrucci, appearing on behalf of James J. Aboltin, Pamela J. Knight (Filing fee $150 - receipt number ORL068291.). (RDO) |
Filing 124 ORDER granting in part and denying in part #106 Motion for Extension of Time and Leave to Perform Alternative Service on Defendant Alex Morton. Signed by Magistrate Judge Karla R. Spaulding on 10/31/2017. (ECJ) |
Filing 123 AMENDED COMPLAINT against All Parties with Jury Demand. filed by James J. Aboltin. (Attachments: #1 Exhibit A - Bosley Report, #2 Exhibit B - TINA Letter to FTC, #3 Exhibit C - Jeunesse Opportunity Plan, #4 Exhibit D - Jeunesse Gameplan, #5 Exhibit E - Jeunesse Policy and Procedures, #6 Exhibit F - Business Development Agreements Example)(Brijbasi, Vijay) |
Filing 122 ORDER granting in part and denying in part #117 Motion to set filing deadlines. See order for details. Signed by Magistrate Judge Karla R. Spaulding on 10/27/2017. (Spaulding, Karla) |
Filing 121 ORDER granting #116 Motion for Leave for Withdrawal and Substitution of Counsel. Attorney Kent S. Brockelman and Shelley Tolman terminated. Signed by Magistrate Judge Thomas B. Smith on 10/13/2017. (ECJ) |
Filing 120 NOTICE of pendency of related cases re #103 Related case order and track 2 notice per Local Rule 1.04(d) by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Related case(s): no (Hurt, Jennings) |
Filing 119 CERTIFICATE of interested persons and corporate disclosure statement re #104 Interested persons order by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Hurt, Jennings) |
Filing 118 NOTICE of Appearance by Alan J. Perlman on behalf of James J Aboltin (Perlman, Alan) |
Filing 117 Joint MOTION for miscellaneous relief, specifically to Set Pleading Schedule by James J Aboltin. (Brijbasi, Vijay) |
Filing 116 MOTION to Substitute Attorney and Leave for Withdrawal of Counsel by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Hurt, Jennings) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 115 CERTIFICATE of interested persons and corporate disclosure statement re #104 Interested persons order by Jason Caramanis. (Wellman, Scott) |
Filing 114 NOTICE of pendency of related cases per Local Rule 1.04(d) re #103 Related Case Order by Jason Caramanis. Related case(s): No (Wellman, Scott) Modified on 10/10/2017 (RDO). |
Set/reset deadlines/hearings: for Jason Caramanis. Answer due by 10/16/2017. (RDO) |
Filing 113 ORDER granting #112 Unopposed Motion for Extension of Time to Respond to Planitiffs Complaint. The deadline for Defendant Jason Caramanis to answer or otherwise respond to the complaint is extended up to and including October 16, 2017. Signed by Magistrate Judge Karla R. Spaulding on 10/5/2017. (ECJ) |
Set/reset deadlines/hearings: for Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Answer due by 10/16/2017. (RDO) |
Filing 112 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Jason Caramanis. (Magaziner, Gavin) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 111 ORDER AND DIRECTION TO THE CLERK OF COURT granting #109 Renewed Motion to Appear Pro Hac Vice; granting #110Renewed Motion to Appear Pro Hac Vice. Scott W. Wellman, Esq., and Chris Wellman, Esq., may specially appear in this case as counsel for Defendant Jason Caramanis with Gavin D. Magaziner, Esq., serving as local counsel. Signed by Magistrate Judge Karla R. Spaulding on 10/4/2017. (ECJ) |
Filing 110 RENEWED MOTION for Chris Wellman to appear pro hac vice by Jason Caramanis. (Attachments: #1 Exhibit A, #2 Exhibit B)(Magaziner, Gavin) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 10/5/2017 (RDO). |
Filing 109 RENEWED MOTION for Scott W. Wellman to appear pro hac vice by Jason Caramanis. (Attachments: #1 Exhibit A, #2 Exhibit B)(Magaziner, Gavin) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 10/5/2017 (RDO). |
Filing 108 ORDER granting #107 Stipulation for Extension of Time to Respond to Plaintiff's Complaint. The deadline for Defendants Jeunesse LLC, Wendy R. Lewis, Ogale Ray and Scott A. Lewis to respond to Plaintiff's complaint is extended up to and including October 16, 2017. Going forward, relief should be requested by motion rather than by stipulation. Signed by Magistrate Judge Karla R. Spaulding on 10/4/2017. (ECJ) |
Filing 107 STIPULATION for Extension of Time until 10/16/17 to Respond to Plaintiff's Complaint by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. (Attachments: #1 Exhibit proposed order)(Hurt, Jennings) Modified on 10/4/2017 (RDO). |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Glenn T. Graham, appearing on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray (Filing fee $150 receipt number ORL067361.) Related document: #96 RENEWED MOTION for Glenn Graham to appear pro hac vice. (RDO) |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jeffrey S. Jacobson, appearing on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray (Filing fee $150 receipt number ORL067362.) Related document: #95 RENEWED MOTION for Jeffrey Jacobson to appear pro hac vice. (RDO) |
Filing 106 MOTION to extend time to Serve Process and for Leave to Perform Alternative Service on Defendant Alex Morton by James J Aboltin. (Brijbasi, Vijay) Motions referred to Magistrate Judge Karla R. Spaulding. |
Filing 105 ORDER denying without prejudice #98 motion to appear pro hac vice; denying without prejudice #99 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 9/29/2017. (ECJ) |
Filing 104 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/29/2017. (GNB) copies mailed/e-mailed |
Filing 103 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/29/2017. (GNB) copies mailed/e-mailed |
Filing 102 Case Reassigned to Judge Paul G. Byron. New case number: 6:17-cv-1624-ORL-40KRS. Senior Judge G. Kendall Sharp no longer assigned to the case. (JP) |
Filing 101 ORDER REASSIGNING CASE. Clerk is directing to reassign case to another District Judge for all further proceedings. Signed by Senior Judge G. Kendall Sharp on 9/27/2017. (counsel mailed/emailed)(AKJ) |
Filing 100 NOTICE of Appearance by Amanda Rose Dunn on behalf of Jason Caramanis (Dunn, Amanda) |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Scott Wellman, appearing on behalf of Jason Caramanis (Filing fee $150 receipt number ORL067200.) Related document: #98 MOTION for Scott W. Wellman to appear pro hac vice. (RDO) |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Chris Wellman, appearing on behalf of Jason Caramanis (Filing fee $150 receipt number ORL067199.) Related document: #99 MOTION for Chris Wellman to appear pro hac vice. (RDO) |
Filing 99 MOTION for Chris Wellman to appear pro hac vice by Jason Caramanis. (Magaziner, Gavin) |
Filing 98 MOTION for Scott W. Wellman to appear pro hac vice by Jason Caramanis. (Magaziner, Gavin) |
Filing 97 ORDER granting #95 motion to appear pro hac vice; granting #96 motion to appear pro hac vice. Jeffrey Jacobson, Esq. and Glenn Graham, Esq., may specially appear in this case as counsel for Defendants with Jennings L. Hurt, III, Esq., serving as local counsel. Signed by Magistrate Judge Karla R. Spaulding on 9/25/2017. (ECJ) |
Filing 96 RENEWED MOTION for Glenn Graham to appear pro hac vice on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Local Counsel: Jennings L. Hurt III. Non-Resident Counsel: Glenn Graham. (Attachments: #1 Exhibit written designation and consent to act, #2 Exhibit attorney certification)(Hurt, Jennings) Modified on 9/25/2017 (RDO). |
Filing 95 RENEWED MOTION for Jeffrey Jacobson to appear pro hac vice on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Local Counsel: Jennings L. Hurt III. Non-Resident Counsel: Jeffrey Jacobson. (Attachments: #1 Exhibit written designatio and consent to act, #2 Exhibit attorney certification)(Hurt, Jennings) Modified on 9/25/2017 (RDO). |
Filing 94 NOTICE of Appearance by Gavin David Magaziner on behalf of Jason Caramanis (Magaziner, Gavin) |
Filing 93 ORDER denying without prejudice #91 motion to appear pro hac vice; denying without prejudice #92 motion to appear pro hac vice. Signed by Magistrate Judge Karla R. Spaulding on 9/22/2017. (ECJ) |
Filing 92 MOTION for Glenn Graham to appear pro hac vice by Jennings L. Hurt, III on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Local Counsel: Jennings L. Hurt III. Non-Resident Counsel: Glenn Graham. (Attachments: #1 Exhibit written designation, #2 Exhibit attorney certification)(Hurt, Jennings) Modified on 9/22/2017 (RDO). |
Filing 91 MOTION for Jeffrey Jacobson to appear pro hac vice on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray. Local Counsel: Jennings L. Hurt III. Non-Resident Counsel: Jeffrey S. Jacobson. (Attachments: #1 Exhibit written designation, #2 Exhibit attorney certification)(Hurt, Jennings) Modified on 9/22/2017 (RDO). |
Filing 90 NOTICE by Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray of designation of email addresses (Hurt, Jennings) |
Filing 89 NOTICE of Appearance by Jennings L. Hurt, III on behalf of Jeunesse LLC, Scott A Lewis, Wendy R. Lewis, Ogale Ray (Hurt, Jennings) |
Filing 88 NOTICE to ALL counsel {David Georffrey Bray, David Nunzio Ferrucci, Jonathan Scott Batchelor, Alina Cristina Mejer, Jeffrey S. Jacobson, Kent S. Brockelman, Shelley Tolman, Chris Wellman, Scott W. Wellman, David Griffith Eisenstein} of Local Rule 2.02 (signed by deputy clerk). (MAA) |
Filing 87 Case transferred in from District of Arizona; Case Number 2:16-cv-02574. File received electronically |
Filing 86 ORDER - IT IS ORDERED: 1. That Defendant Morton's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(5) (Doc. #39 ) is granted in part and denied is part. The motion is granted to the extent that service on Defendant Alex Morton is quashed; 2. That Plaintiff shall have 21 days from the date of this Order to accomplish service on Defendant Alex Morton and file proof of service; 3. That Plaintiff's Motion to Strike (Doc. #40 ) is denied; 4. That Defendants' Motion to Change Venue/Transfer Case to Middle District of Florida pursuant to 28 U.S.C. 1404(a) (Doc. #24 ) is granted; 5. That Defendant Caramanis's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(2) (Doc. #52 ) and Motion to Strike (Doc. #78 ) are denied as moot; and 6. That the Clerk of Court shall transfer this action to the Middle District of Florida and terminate the case in this district. (See document for further details). Signed by Judge Steven P Logan on 9/11/17. (LAD) [Transferred from azd on 9/13/2017.] |
Filing 85 ORDER regarding Defendants' #24 Motion to Transfer Venue: The matter is under advisement and a ruling will issue in due course. No further action by the parties is required at this time. Signed by Judge Steven P Logan on 6/2/2017. (MMO) [Transferred from azd on 9/13/2017.] |
Filing 84 NOTICE re: Local Rule 7.2(n) Inquiry by James J Aboltin re: #37 Reply to Response to Motion, #32 Response in Opposition to Motion, #24 MOTION to Change Venue/Transfer Case to Middle District of Florida . (Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 83 NOTICE of Party Dismissal by James J Aboltin. Party Kim Hui (an individual) terminated. (Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 82 NOTICE re: NOTICE OF OTHER LITIGATION by James J Aboltin . (Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 81 REPLY to Response to Motion re: #78 First MOTION to Strike #77 Response filed by Jason Caramanis. (Wellman, Scott) [Transferred from azd on 9/13/2017.] |
Filing 80 NOTICE of Errata re: #79 Response to Motion by Plaintiff James J Aboltin.. (Attachments: #1 Exhibit Exhibit A)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 79 RESPONSE to Motion re: #78 First MOTION to Strike #77 Response to Objection to Exhibits filed by James J Aboltin. (Batchelor, Jonathan) [Transferred from azd on 9/13/2017.] |
Filing 78 First MOTION to Strike #77 Response by Jason Caramanis. (Wellman, Chris) [Transferred from azd on 9/13/2017.] |
Filing 77 RESPONSE re: #75 Objection PLAINTIFFS' RESPONSE TO DEFENDANT CARAMANIS' OBJECTIONS TO EXHIBITS by Plaintiff James J Aboltin. (Attachments: #1 Exhibit A - Declaration of Jonathan Batchelor, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 76 NOTICE OF WAIVER OF ELECTRONIC SERVICE by Alina Cristina Mejer, counsel for Defendants Jeunesse LLC, Scott A Lewis, Wendy R Lewis, Ogale Ray. (Brockelman, Kent) [Transferred from azd on 9/13/2017.] |
Filing 75 *OBJECTION to Exhibits re: #74 Response to Motion Defendant Jason Caramanis' Objections to Exhibits Attached to Plaintiff Aboltin's Response in Opposition to Motion to Dismiss by Defendant Jason Caramanis. (Wellman, Scott) *Modified to correct document number on 1/31/2017 (EJA). [Transferred from azd on 9/13/2017.] |
Filing 74 *Reply to Response to Motion re: #52 MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(2) Defendant Jason Caramanis' Reply to Plaintiff Aboltin's Response in Opposition to Motion to Dismiss filed by Jason Caramanis. (Wellman, Scott) *Modified to correct event type on 1/31/2017 (EJA). [Transferred from azd on 9/13/2017.] |
Filing 73 NOTICE re: NOTICE OF SERVICE OF PRELIMINARY ORDER by James J Aboltin re: #18 Order re Rule 12(b) Motions . (Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 72 RESPONSE in Opposition re: #52 MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(2) filed by James J Aboltin. (Attachments: #1 Exhibit A-B)(Batchelor, Jonathan) [Transferred from azd on 9/13/2017.] |
Filing 71 SERVICE EXECUTED filed by James J Aboltin: Rule 4 Waiver of Service of Summons. Waiver sent on January 17, 2017 to Kim Hui . (Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 70 ORDER that the Stipulation #69 is granted. Plaintiff shall have until January 23, 2017 to file a Response. Signed by Judge Steven P. Logan on 1/18/17. (CLB) [Transferred from azd on 9/13/2017.] |
Filing 69 STIPULATION re: #52 MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(2) by James J Aboltin. (Attachments: #1 Text of Proposed Order)(Batchelor, Jonathan) [Transferred from azd on 9/13/2017.] |
Filing 68 NOTICE of Errata re: #65 Notice of Change of Address/Firm Name (Attorney) by Defendant Alex Morton.. (Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 67 ORDER granting the parties' #66 Stipulation. Plaintiff shall have until January 17, 2017 to file a Response to Defendant Jason Caramanis' Motion to Dismiss #52 . Signed by Judge Steven P. Logan on 1/6/17. (CLB) [Transferred from azd on 9/13/2017.] |
Filing 66 STIPULATION FOR EXTENSION OF TIME by James J Aboltin. (Attachments: #1 Text of Proposed Order)(Batchelor, Jonathan) [Transferred from azd on 9/13/2017.] |
Filing 65 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by David Griffith Eisenstein. (Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 64 NOTICE re: Certification of Conferral by Jason Caramanis re: #52 MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(2) Certification of Conferral to Motion to Dismiss. (Attachments: #1 Exhibit Attachment to Certification of Conferral)(Wellman, Scott) [Transferred from azd on 9/13/2017.] |
Disk - Exhibit A to Defendant Morton's Declaration, Doc. 57-1 has been received and is stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAD) [Transferred from azd on 9/13/2017.] |
Filing 63 ORDER granting Plaintiff's #59 Motion for Extension of Time. Plaintiff shall have until February 3, 2017, to accomplish service and file proof of service as to Defendant Kim Hui. Failure to do so will result in the dismissal of the unserved Defendant. Signed by Judge Steven P. Logan on 12/28/16. (CLB) [Transferred from azd on 9/13/2017.] |
Filing 62 NOTICE re: of Filing Non-Electronic Exhibit by Alex Morton re: #61 Order on Motion for Miscellaneous Relief Leave to File Non-Electronic Exhibit. (Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 61 ORDER granting #58 Motion for Leave. IT IS FURTHER ORDERED that Plaintiff shall file the non-electronic exhibit in accordance with the procedures set forth in Section II.N.2 of the Electronic Case Filing Administrative Policies and Procedures Manual. Signed by Judge Steven P. Logan on 12/28/16.(CLB) [Transferred from azd on 9/13/2017.] |
Filing 60 *REPLY to Response to Motion in Support of Motion to Strike re: #40 Motion to Strike by Plaintiff James J Aboltin. (Bray, David) *Modified to correct event and add document link on 12/28/2016 (REK). [Transferred from azd on 9/13/2017.] |
Filing 59 MOTION for Extension of Time to Serve Process on Defendant Kim Hui (Second Request) by James J Aboltin. (Attachments: #1 Exhibit A thru E, #2 Text of Proposed Order)(Bray, David) [Transferred from azd on 9/13/2017.] |
Filing 58 MOTION Leave to File Non-Electronic Exhibit -- video which is Exhibit A to Defendant Alex Morton's Declaration (Doc 57-1) re: #57 Reply to Response to Motion to Dismiss under Rule 12(b)(5) by Alex Morton. (Attachments: #1 Text of Proposed Order.pdf file of proposed Order Granting Leave to File Non-electronic Exhibit A)(Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 57 REPLY to Response to Motion re: #39 MOTION to Dismiss Case Pursuant to Rule 12(b)(5) FRCP re: Plaintiff's Response in Opposition (Doc. 43) to Def. Morton's Rule 12(b)(5) Motion to Dismiss filed by Alex Morton. (Attachments: #1 Affidavit Declaration of Def. Alex Morton in Support of Reply, #2 Appendix Guthery v. GoDaddy.Com LLC (D. Ariz. 2016)(Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 56 ORDER that the Stipulation #53 is granted. Defendant Alex Morton shall have until December 28, 2016, to file a Reply to the Motion to Dismiss #39 . Signed by Judge Steven P. Logan on 12/27/16.(CLB) [Transferred from azd on 9/13/2017.] |
Filing 55 NOTICE of Errata re: #49 MOTION for Admission Pro Hac Vice as to attorney Scott Wellman, #52 MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(2), Pro Hac Vice Fee Paid, 50 Order on Motion for Admission Pro Hac Vice, #48 MOTION for Admission Pro Hac Vice as to attorney Chris Wellman, Pro Hac Vice Fee Paid Notice of Errata by Defendant Jason Caramanis.. (Wellman, Scott) [Transferred from azd on 9/13/2017.] |
Filing 54 *NOTICE re: NOTICE OF SERVICE OF #18 PRELIMINARY ORDER by James J Aboltin . (Ferrucci, David) *Modified to add document link on 12/27/2016 (REK). [Transferred from azd on 9/13/2017.] |
Filing 53 First MOTION for Extension of Time to File Response/Reply as to #43 Response in Opposition to Motion to Dismiss by Alex Morton. (Attachments: #1 Text of Proposed Order)(Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 52 *MOTION to Dismiss Case Pursuant to FRCP Rule 12(b)(2) by Jason Caramanis. (Attachments: #1 Exhibit)(Maynard, Daniel) *Modified to correct filer on 12/27/2016 (REK). [Transferred from azd on 9/13/2017.] |
Filing 51 ORDER granting #47 Stipulation: Plaintiff shall have until December 27, 2016, to file a Reply in Support of #40 Motion to Strike. Signed by Judge Steven P Logan on 12/22/2016. (MMO) [Transferred from azd on 9/13/2017.] |
Filing 50 ORDER pursuant to General Order 09-08 granting #48 Motion for Admission Pro Hac Vice; granting #49 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (KAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from azd on 9/13/2017.] |
Filing 49 MOTION for Admission Pro Hac Vice as to attorney Scott Wellman on behalf of Jason Caramanis, Kim Hui. (KAS) [Transferred from azd on 9/13/2017.] |
Filing 48 MOTION for Admission Pro Hac Vice as to attorney Chris Wellman on behalf of Jason Caramanis, Kim Hui. (KAS) [Transferred from azd on 9/13/2017.] |
Filing 47 STIPULATION FOR EXTENSION OF TIME by James J Aboltin. (Attachments: #1 Text of Proposed Order Order)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
PRO HAC VICE FEE PAID. $ 35, receipt number PHX10086 as to Scott W Wellman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAS) [Transferred from azd on 9/13/2017.] |
PRO HAC VICE FEE PAID. $ 35, receipt number PHX180087 as to Chris Wellman. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAS) [Transferred from azd on 9/13/2017.] |
Disk - Exhibit F to the Declaration of Holly Zoe received and stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CAD) [Transferred from azd on 9/13/2017.] |
Filing 46 DECLARATION of HOLLY M. ZOE IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANT ALEX MORTON'S MOTION TO DISMISS re: #43 Response in Opposition to Motion by Plaintiff James J Aboltin. (Attachments: #1 Exhibit Exhibit A)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 45 NOTICE re: NOTICE OF FILING NON-ELECTRONIC EXHIBITS by James J Aboltin re: #44 Order on Motion for Leave to File . (Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 44 ORDER that the Motion for Leave #42 is granted. IT IS FURTHER ORDERED that Plaintiff shall file the non-electronic exhibit in accordance with the procedures set forth in Section II.N.2 of the Electronic Case Filing Administrative Policies and Procedures Manual. Signed by Judge Steven P. Logan on 12/19/16.(CLB) [Transferred from azd on 9/13/2017.] |
Filing 43 RESPONSE in Opposition re: #39 MOTION to Dismiss Case Pursuant to Rule 12(b)(5) FRCP filed by James J Aboltin. (Attachments: #1 Exhibit, #2 Exhibit)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 42 MOTION for Leave to File Non-Electronic Exhibit by James J Aboltin. (Attachments: #1 Text of Proposed Order)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 41 RESPONSE in Opposition re: #40 MOTION to Strike #37 Reply to Response to Motion, #34 Notice (Other) Brief of Defendants Jeunesse, LLC, Wendy Lewis, Scott Lewis, and Ogale "Randy" Ray in Opposition to Plaintiff's Motion to Strike filed by Jeunesse LLC, Scott A Lewis, Wendy R Lewis, Ogale Ray. (Tolman, Shelley) [Transferred from azd on 9/13/2017.] |
Filing 40 *MOTION to Strike #37 Reply to Response to Motion, #34 Notice (Other) and Declaration Exhibit to #24 Motion to Change Venue/Transfer Case by James J Aboltin. (Attachments: #1 Text of Proposed Order)(Ferrucci, David) *Modified to add additional document link on 12/12/2016 (REK). [Transferred from azd on 9/13/2017.] |
Filing 39 MOTION to Dismiss Case Pursuant to Rule 12(b)(5) FRCP by Alex Morton. (Attachments: #1 Affidavit Declaration of Sandra Morton, #2 Certificate of Conferral)(Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 38 ORDER that the Motion to Dismiss #35 is stricken. IT IS FURTHER ORDERED that Defendant Alex Morton shall have until December 7, 2016 to file a Motion to Dismiss in accordance with the Court's Order #18 . Signed by Judge Steven P. Logan on 11/30/16. (CLB) Modified on 11/30/2016 (CLB). [Transferred from azd on 9/13/2017.] |
Filing 37 REPLY to Response to Motion re: #24 MOTION to Change Venue/Transfer Case to Middle District of Florida filed by Jeunesse LLC, Scott A Lewis, Wendy R Lewis, Ogale Ray. (Attachments: #1 Exhibit Exhibit 1)(Brockelman, Kent)[Transferred from azd on 9/13/2017.] |
Filing 36 *Declaration of Sandra Morton in Support of: #35 MOTION to Dismiss Case by Alex Morton. (Eisenstein, David) *Modified to correct event on 11/30/2016 (REK). [Transferred from azd on 9/13/2017.] |
Filing 35 STRICKEN by #38 - MOTION to Dismiss Case due to insufficiency of service of process on Defendant Morton by Alex Morton. (Eisenstein, David) Modified on 11/30/2016 (CLB). [Transferred from azd on 9/13/2017.] |
Filing 34 NOTICE re: Notice of Filing Amended Declaration of Ryan Ogden by Jeunesse LLC, Scott A Lewis, Wendy R Lewis, Ogale Ray re: #24 MOTION to Change Venue/Transfer Case to Middle District of Florida . (Attachments: #1 Exhibit Exhibit 1)(Brockelman, Kent) [Transferred from azd on 9/13/2017.] |
Filing 33 ORDER granting #31 Motion for Extension of Time. Plaintiff shall have until December 26, 2016, to accomplish service and file proof of service as to Defendants Kim Hui and Jason Caramanis. Failure to do so will result in the dismissal of the unserved Defendants. Signed by Judge Steven P. Logan on 11/14/16.(CLB) [Transferred from azd on 9/13/2017.] |
Filing 32 RESPONSE in Opposition re: #24 MOTION to Change Venue/Transfer Case to Middle District of Florida filed by James J Aboltin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 31 MOTION for Extension of Time of Time to Serve by James J Aboltin. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 30 ORDER that on or before November 10, 2016, Plaintiff must show cause why Defendants Kim Hui and Jason Caramanis should not be dismissed for failure to comply with Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Steven P. Logan on 11/3/16. (CLB) [Transferred from azd on 9/13/2017.] |
Filing 29 ORDER granting #28 Stipulation re: #24 Motion to Transfer Venue to Middle District of Florida. Plaintiff shall have until 11/11/2016 to file his Response. Defendants Jeunesse, LLC, Wendy R. Lewis, Ogale Randy Ray, and Scott A. Lewis shall have until 11/30/2016 to file their Reply. Signed by Judge Steven P Logan on 10/19/2016. (MMO) [Transferred from azd on 9/13/2017.] |
Filing 28 STIPULATION re: #24 MOTION to Change Venue/Transfer Case to Middle District of Florida To Extend Time to Respond by James J Aboltin. (Attachments: #1 Text of Proposed Order Proposed Order)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 27 ORDER that the stipulation #23 and the motion for extension of time #26 are granted. Defendants Alex Morton, Jeunesse, Wendy R. Lewis, Ogale"Randy" Ray, and Scott A. Lewis shall have 21 days after the filing of this Court's Order on the motion to transfer venue #24 to file an answer to the Complaint or otherwise respond as provided by Rule 12 of the Federal Rules of Civil Procedure. Signed by Judge Steven P. Logan on 10/5/16.(CLB) [Transferred from azd on 9/13/2017.] |
Filing 26 MOTION for Extension of Time to File Answer Motion to Extend Time to Submit Responsive Pleading by Jeunesse LLC, Scott A Lewis, Wendy R Lewis, Ogale Ray. (Attachments: #1 Text of Proposed Order Order)(Brockelman, Kent) [Transferred from azd on 9/13/2017.] |
Filing 25 Corporate Disclosure Statement by Jeunesse LLC. (Brockelman, Kent) [Transferred from azd on 9/13/2017.] |
Filing 24 MOTION to Change Venue/Transfer Case to Middle District of Florida by Jeunesse LLC, Scott A Lewis, Wendy R Lewis, Ogale Ray. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order Order)(Brockelman, Kent) [Transferred from azd on 9/13/2017.] |
Filing 23 Second MOTION for Extension of Time to File Answer re: #22 Order on Motion for Extension of Time to Answer by Alex Morton. (Attachments: #1 Time Schedule Order (proposed) Order)(Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 22 ORDER granting #21 Motion for Extension of Time to Answer. Alex Morton answer due 10/4/2016. Signed by Judge Steven P. Logan on 9/20/16.(CLB) [Transferred from azd on 9/13/2017.] |
Filing 21 Consent MOTION for Extension of Time to File Answer re: #19 Service Executed, #1 Complaint Stipulated to by Plaintiffs' counsel by Alex Morton. (Attachments: #1 Text of Proposed Order Proposed Order for Extension of time to file responsive pleadings)(Eisenstein, David) [Transferred from azd on 9/13/2017.] |
Filing 20 NOTICE re: Notice of Service of Preliminary Order by James J Aboltin re: #18 Order re Rule 12(b) Motions . (Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 19 SERVICE EXECUTED filed by James J Aboltin: Proof of Service re: Summons and Class Action Complaint and Demand for Jury Trial upon Alex Morton on August 28, 2016. (Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 18 PRELIMINARY ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff serve a copy of this Order upon Defendants and file a notice of service. See attached Order for complete details. Signed by Judge Steven P. Logan on 8/26/16. (CLB) [Transferred from azd on 9/13/2017.] |
Filing 17 ORDER OF RECUSAL. ORDERED Judge H Russel Holland hereby recuses himself from this matter, this case is hereby reassigned by random draw to Judge Steven P Logan for all further proceedings. All pleadings should now list the following case number: CV-16-2574-PHX-SPL. Signed by Judge H Russel Holland on 8/26/16. (MAP) [Transferred from azd on 9/13/2017.] |
Filing 16 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge H. Russel Holland. All further pleadings/papers should now list the following COMPLETE case number: CV-16-2574-PHX-HRH. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 9/13/2017.] |
Filing 15 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 9/13/2017.] |
Filing 14 NOTICE of Appearance by Kent S Brockelman on behalf of Jeunesse LLC, Scott A Lewis, Wendy R Lewis, Ogale Ray. (Brockelman, Kent) [Transferred from azd on 9/13/2017.] |
Filing 13 ORDER pursuant to General Order 09-08 granting #11 Motion for Admission Pro Hac Vice; granting #12 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from azd on 9/13/2017.] |
Filing 12 MOTION for Admission Pro Hac Vice as to attorney Jeffrey S Jacobson on behalf of Jeunesse LLC, Scott A Lewis, Wendy R Lewis, and Ogale Ray. (BAS) [Transferred from azd on 9/13/2017.] |
Filing 11 MOTION for Admission Pro Hac Vice as to attorney Alina Cristina Mejer on behalf of Jeunesse LLC, Scott A Lewis, Wendy R Lewis, and Ogale Ray. (BAS) [Transferred from azd on 9/13/2017.] |
PRO HAC VICE FEE PAID. $ 70, receipt number PHX175529 as to Jeffrey S Jacobson, Alina Cristina Mejer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from azd on 9/13/2017.] |
Filing 10 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from azd on 9/13/2017.] |
Filing 9 SERVICE EXECUTED filed by James J Aboltin: Rule 4 Waiver of Service of Summons. Waiver sent on August 5, 2016 to Jeunesse LLC . (Attachments: #1 Summons Waiver of Service of Summons - Jeunesse LLC)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 8 SERVICE EXECUTED filed by James J Aboltin: Rule 4 Waiver of Service of Summons. Waiver sent on August 8, 2016 to Ogale "Randy" Ray . (Attachments: #1 Summons Waiver of Service of Summons - Ogale "Randy" Ray)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 7 SERVICE EXECUTED filed by James J Aboltin: Rule 4 Waiver of Service of Summons. Waiver sent on August 8, 2016 to Scott A. Lewis . (Attachments: #1 Summons Waiver of Service of Summons - Scott A. Lewis)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 6 SERVICE EXECUTED filed by James J Aboltin: Rule 4 Waiver of Service of Summons. Waiver sent on August 8, 2016 to Wendy R. Lewis . (Attachments: #1 Summons Waiver of Service of Summons - Wendy R. Lewis)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 5 Summons Issued as to Jason Caramanis, Kim Hui, Jeunesse LLC, Scott A Lewis, Wendy R Lewis, Alex Morton, Ogale Ray. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from azd on 9/13/2017.] |
Filing 4 SUMMONS Submitted by James J Aboltin. (Attachments: #1 Summons Summons Wendy R. Lewis, #2 Summons Summons Ogale "Randy" Ray, #3 Summons Summons Scott A. Lewis, #4 Summons Summons Kim Hui, #5 Summons Summons Jason Caramanis, #6 Summons Summons Alex Morton)(Ferrucci, David) [Transferred from azd on 9/13/2017.] |
Filing 3 Filing fee paid, receipt number 0970-13227469. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-16-02574-PHX-ESW. Magistrate Election form attached. (Attachments: #1 Consent) (ATD) [Transferred from azd on 9/13/2017.] |
Filing 2 SUMMONS Submitted by James J Aboltin. (submitted by David Ferrucci) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons) (ATD) [Transferred from azd on 9/13/2017.] |
Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-13227469 filed by James J Aboltin. (submitted by David Ferrucci) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (ATD) [Transferred from azd on 9/13/2017.] |
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