Samara v. The Juice Plus+ Company, LLC
| BOB SAMARA and Bob Samara doing business as Image Unlimited, LLC |
| THE JUICE PLUS+ COMPANY, LLC and Jill Herman |
| 6:2020cv00520 |
| March 23, 2020 |
| US District Court for the Middle District of Florida |
| Embry J Kidd |
| Gregory A Presnell |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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Filing 58
ORDER granting #53 Motion to Dismiss. Samara's Fourth Amended Complaint is dismissed with prejudice. The Clerk is directed to close the case. Signed by Judge Gregory A. Presnell on 3/1/2021. (MJB)
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| Filing 57 REVISED RESPONSE in Opposition re #53 MOTION to Dismiss #52 FOURTH AMENDED COMPLAINT filed by Bob Samara. (Pino, Laurence) Modified on 1/4/2021 (RDO). |
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Filing 56
ENDORSED ORDER denying #54 Motion for Leave to File a Response in Excess of the Page Limits. The Motion neither provides good cause nor complies with Local Rule 3.01(g). Signed by Magistrate Judge Embry J. Kidd on 12/31/2020. (Kidd, Embry)
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| Filing 55 RESPONSE in Opposition re #53 MOTION to Dismiss #52 FOURTH AMENDED COMPLAINT filed by Bob Samara. (Pino, Laurence) |
| Filing 54 MOTION for Leave to File Other Document :document in excess of page limit by Bob Samara. (Pino, Laurence) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 53 MOTION to Dismiss #52 FOURTH AMENDED COMPLAINT by The Juice Plus Company, LLC. (Eden, Jennifer) Modified on 12/17/2020 (RDO). |
| Filing 52 FOURTH AMENDED COMPLAINT against The Juice Plus Company, LLC with Jury Demand filed by Bob Samara. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pino, Laurence) Modified on 12/3/2020 (RDO). |
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Filing 51
ORDER denying as moot #47 Motion to Dismiss; granting #48 Motion for Leave to Amend. Plaintiff may file another amended complaint within ten days. Absent extraordinary and compelling circumstances, additional requests for leave to amend will not be granted. Signed by Judge Gregory A. Presnell on 11/23/2020. (LAM)
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| Filing 50 RESPONSE in Opposition re #48 MOTION and MEMORANDUM in support re 46 Order on Motion to Amend / Correct / Modify / Supplement filed by The Juice Plus Company, LLC. (Eden, Jennifer) |
| Filing 49 RESPONSE in Opposition re #47 MOTION to Dismiss for Failure to State a Claim #41 Third Amended Complaint filed by Bob Samara. (Pino, Laurence) |
| Filing 48 MOTION and MEMORANDUM in support re 46 Order on Motion to Amend / Correct / Modify / Supplement filed by Bob Samara. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pino, Laurence) Modified on 10/19/2020 (RDO). |
| Filing 47 MOTION to Dismiss for Failure to State a Claim #41 Third Amended Complaint by The Juice Plus Company, LLC. (Eden, Jennifer) Modified on 10/13/2020 (RDO). |
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Filing 46
ENDORSED ORDER denying without prejudice #44 Motion to Correct. If Plaintiff wants to amend his complaint, he may file a motion within 10 days, attaching the proposed amended pleading and a redlined copy so the Court can review the proposed changes. Signed by Senior Judge Gregory A. Presnell on 10/9/2020. (LAM)
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| Filing 45 RESPONSE in Opposition re #44 MOTION to Correct Scrivener's Error re #41 Amended Complaint and Incorporated Memorandum of Law filed by The Juice Plus Company, LLC. (Eden, Jennifer) |
| Filing 44 MOTION to Correct Scrivener's Error re #41 Amended Complaint by Bob Samara. (Pino, Laurence) Modified on 10/8/2020 (RDO). |
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Filing 43
ENDORSED ORDER denying as moot #40 Motion for Leave to File Third Amended Complaint. The Court's #39 Order allowed Plaintiff until September 25, 2020, to file an amended complaint. Plaintiff timely filed the #41 Third Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 9/28/2020. (Kidd, Embry)
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| Filing 42 NOTICE of Memorandum of Clarification by Bob Samara. (Pino, Laurence) Modified on 9/28/2020 (RDO). |
| Filing 41 THIRD AMENDED COMPLAINT against The Juice Plus Company, LLC with Jury Demand. filed by Bob Samara. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Pino, Laurence) Modified on 10/13/2020 (RDO). |
| Filing 40 MOTION for Leave to File Third Amended Complaint by Bob Samara. (Pino, Laurence) Motion referred to Magistrate Judge Embry J. Kidd. Text modified on 9/28/2020 (RDO). |
| Set/reset deadlines/hearings: Amended Complaint due by 9/25/2020 (RDO) |
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Filing 39
ORDER granting #33 Motion to Dismiss for Failure to State a Claim. The Second Amended Complaint is DISMISSED without prejudice. Plaintiff may file an amended complaint by 9/25/2020. Signed by Judge Gregory A. Presnell on 9/9/2020. (LAM)
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| Filing 38 NOTICE of mediation conference/hearing to be held on July 26, 2021 at 9:30 A.M. before Richard F. Joyce. (Pino, Laurence) |
| Filing 37 CASE REFERRED to Mediation. No mediator appointed at this time. (RDO) |
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Filing 36
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/1/2020, Discovery due by 5/3/2021, Dispositive motions due by 6/1/2021, Pretrial statement due by 9/16/2021, All other motions due by 9/30/2021, Plaintiff disclosure of expert report due by 3/1/2021, Defendant disclosure of expert report due by 4/1/2021, Final Pretrial Conference set for 10/14/2021 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 11/1/2021 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Conduct mediation hearing by 8/2/2021. Lead counsel to coordinate dates. Signed by Judge Gregory A. Presnell on 8/13/2020. (LAM)
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| Filing 35 CASE MANAGEMENT REPORT. (Pino, Laurence) |
| Filing 34 RESPONSE in Opposition re #33 MOTION to Dismiss for Failure to State a Claim #32 Verified Second Amended Complaint filed by Bob Samara. (Pino, Laurence) |
| Filing 33 MOTION to Dismiss for Failure to State a Claim #32 Verified Second Amended Complaint by The Juice Plus Company, LLC. (Eden, Jennifer) Modified on 7/28/2020 (RDO). |
| Filing 32 VERIFIED SECOND AMENDED COMPLAINT against The Juice Plus Company, LLC with Jury Demand filed by Bob Samara. (Attachments: #1 Composite Exhibit A, #2 Exhibit B, #3 Composite Exhibit C, #4 Exhibit D, #5 Composite Exhibit E)(Pino, Laurence) Modified on 7/14/2020 (RDO). |
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Filing 31
ORDER dismissing claims against Defendant Jill Herman with prejudice re #30 Notice of voluntary dismissal. The Clerk is directed to terminate this defendant. Signed by Judge Gregory A. Presnell on 7/6/2020. (LAM)
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| Filing 30 JOINT NOTICE of voluntary dismissal as to Defendant Jill Herman by Bob Samara (Pino, Laurence) Modified on 7/6/2020 (RDO). |
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Filing 29
ORDER granting #19 Motion to Dismiss; granting #20 Motion to Dismiss for Failure to State a Claim. The Responses (Docs. 27, 28) are hereby STRICKEN as untimely. Because the Plaintiff has failed to timely respond to the Motions to Dismiss, and the Motions to Dismiss have colorable merit, the Motions to Dismiss (Docs. 19, 20) are GRANTED. If the Plaintiff wishes to file an amended complaint, he may do so within twenty-one (21) days of the date of this Order. Signed by Judge Gregory A. Presnell on 6/22/2020. (MAF)
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| Filing 28 (STRICKEN per Order #29) RESPONSE and Memorandum of Law in Opposition re #20 MOTION to Dismiss for Failure to State a Claim / Lack of Subject Matter Jurisdiction filed by Bob Samara. (Pino, Laurence) Modified on 6/22/2020 (ALL). Modified text on 6/23/2020 (LDJ). |
| Filing 27 (STRICKEN per Order #29) RESPONSE and Memorandum of Law in Opposition re #19 MOTION to Dismiss Amended Complaint filed by Bob Samara. (Attachments: #1 Exhibit A)(Pino, Laurence) Modified on 6/22/2020 (ALL). Modified text on 6/23/2020 (LDJ). |
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Filing 26
ENDORSED ORDER denying #22 Motion for Extension of Time. Plaintiff has failed to show good cause for his untimely request for an extension of time. Signed by Judge Gregory A. Presnell on 6/8/2020. (LAM)
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| Filing 25 RESPONSE in Opposition re #22 Verified MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss Amended Complaint filed by Jill Herman. (Bergin, Russell) |
| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re #21 Interested persons order by The Juice Plus Company, LLC identifying Corporate Parent The Juice Plus+ Company, LLC for.. (Eden, Jennifer) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement re #21 Interested persons order by Jill Herman. (Bergin, Russell) |
| Filing 22 Verified MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss Amended Complaint by Bob Samara. (Pino, Laurence) Modified on 6/5/2020 (RDO). |
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Filing 21
INTERESTED PERSONS ORDER to DEFENDANTS. Certificate of interested persons and corporate disclosure statement due by 6/5/2020. Signed by Judge Gregory A. Presnell on 5/22/2020. (LAM)
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| Filing 20 MOTION to Dismiss for Failure to State a Claim / Lack of Subject Matter Jurisdiction by The Juice Plus Company, LLC. (Eden, Jennifer) |
| Filing 19 MOTION to Dismiss Amended Complaint Based on Lack of Personal Jurisdiction over a Non-resident, Plaintiff's Failure to Adequately Plead Counts I, II, IV, V, VI, VII and VIII, Plaintiff's Failure to Establish the $75,000 Amount in Controversy Required for this Court's Jurisdiction in a Diversity Matter and Supporting Memorandum of Law by Jill Herman. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bergin, Russell) |
| Filing 18 NOTICE of Designated E-mail Address and Notice of Appearance by Russell F. Bergin, Jr on behalf of Jill Herman (Bergin, Russell) |
| Filing 17 RETURN of service executed on April 30, 2020 by Bob Samara as to The Juice Plus Company, LLC. (Pino, Laurence) |
| Filing 16 RETURN of service executed on April 16, 2020 by Bob Samara as to Jill Herman. (Pino, Laurence) |
| Filing 15 (WRONG EVENT CODE. ATTORNEY CALLED AND WILL REFILE) AFFIDAVIT re: #14 Summons issued, #12 Amended Complaint, #1 Complaint by Bob Samara. (Pino, Laurence) Modified on 5/1/2020 (RDO). |
| Filing 14 SUMMONS issued as to Jill Herman. (RDO) |
| Filing 13 PROPOSED summons to be issued by Bob Samara. (Pino, Laurence) |
| Filing 12 VERIFIED AMENDED COMPLAINT against All Defendants with Jury Demand filed by Bob Samara. (Attachments: #1 Composite Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Composite Exhibit D, #5 Composite Exhibit E)(Pino, Laurence) Modified on 4/10/2020 (RDO). |
| Filing 11 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Bob Samara. Related case(s): no (Pino, Laurence) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Bob Samara. (Pino, Laurence) |
| Filing 9 NOTICE of filing Civil Cover Sheet by Bob Samara (Pino, Laurence) Modified on 3/30/2020 (RDO). |
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Filing 8
STANDING ORDER on Discovery motions. Signed by Magistrate Judge Embry J. Kidd on 1/3/2020. ctp (PML)
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Filing 7
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 4/8/2020. Signed by Judge Gregory A. Presnell on 3/25/2020. (LAM)
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/8/2020. Signed by Judge Gregory A. Presnell on 3/25/2020. (LAM)
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| Filing 5 NOTICE to counsel Laurence J. Pino of Local Rule 1.05(e), which states - The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. File a completed Civil Cover Sheet using the event Notice (Other) (Signed by Deputy Clerk). (RDO) |
| Filing 4 SUMMONS issued as to The Juice Plus Company, LLC. (RDO) |
| Filing 3 NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Embry J. Kidd. New case number: 6:20-cv-520-Orl-31EJK. (SJB) |
| Filing 2 PROPOSED summons to be issued by Bob Samara. (Pino, Laurence) Modified on 3/25/2020 (RDO). |
| Filing 1 VERIFIED COMPLAINT against The Juice Plus+ Company, LLC with Jury Demand (Filing fee $ 400 - receipt number 113A-16625876) Filed by Bob Samara. (Attachments: #1 Composite Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Composite Exhibit D, #5 Composite Exhibit E)(Pino, Laurence) Modified on 3/25/2020 (RDO). |
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