Florida Virtual School v. D2L Corporation et al
Florida Virtual School |
D2L Limited and D2L Corporation |
6:2020cv01788 |
September 30, 2020 |
US District Court for the Middle District of Florida |
Roy B Dalton |
Daniel C Irick |
Contract: Other |
28 U.S.C. § 2201 Declaratory Judgment |
None |
Docket Report
This docket was last retrieved on June 28, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Set deadline: Status Report due by 8/29/2022. (LDJ) |
Case Stayed. (LDJ) |
Filing 88 NOTICE canceling Evidentiary Hearing scheduled for 6/30/2022 (YG) |
Filing 87 ORDER granting #86 Motion to Continue. The evidentiary hearing scheduled for Thursday, June 30, 2022, is CANCELED, subject to rescheduling by motion of either party. This action is STAYED. By Monday, August 29, 2022, the parties are DIRECTED to provide a status report to the Court regarding the Board's decision. The Clerk is DIRECTED to administratively close the file until Tuesday, September 27, 2022.. Signed by Judge Roy B. Dalton, Jr. on 6/28/2022. (YG) |
Filing 86 Joint MOTION to Continue the June 30, 2022 Evidentiary Hearing by Florida Virtual School. (Thielhelm, Robert) |
Filing 85 Joint NOTICE of filing Exhibit and Witness Lists by Florida Virtual School. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Keown, Lindy) Modified on 6/27/2022 (SPM). |
Filing 84 DEPOSITION Designations of Plaintiff's Corporate Representative, Rob Cryan, Jr. taken on 08/26/2021 by D2L Corporation, D2L Limited. . (McNeill, Harold) Modified on 6/24/2022 (SPM). |
Filing 83 PROPOSED findings of fact and conclusions of law by Florida Virtual School. (Keown, Lindy) |
Filing 82 PROPOSED findings of fact and conclusions of law by D2L Corporation, D2L Limited. (McNeill, Harold) |
Filing 81 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
Filing 80 TRANSCRIPT of Final Pretrial Conference held on 2/17/2022 before Judge Roy B. Dalton, Jr. Court Reporter Suzanne L. Trimble, trimblecourtreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 6/29/2022 Redacted Transcript Deadline set for 7/11/2022 Release of Transcript Restriction set for 9/6/2022. (SLT) |
Filing 79 ENDORSED ORDER DIRECTING the parties to submit proposed findings of fact and conclusions of law by Tuesday, June 21, 2022, in advance of the hearing on Thursday, June 30, 2022. The parties are also DIRECTED to EMAIL a copy (in Microsoft Word format) of the materials to chambers_flmd_Dalton@flmd.uscourts.gov. Signed by Judge Roy B. Dalton, Jr. on 6/7/2022. (EP) |
Filing 78 ORDER re #68 Brief - Defendant filed by D2L Corporation, D2L Limited, #69 Brief - Plaintiff filed by Florida Virtual School, #77 Response filed by D2L Corporation, D2L Limited Signed by Judge Roy B. Dalton, Jr. on 6/2/2022. (YG) |
Filing 77 REPLY re #69 PLAINTIFF'S BRIEF filed by D2L Corporation, D2L Limited. (McNeill, Harold) Modified link on 5/9/2022 (LDJ). |
Set deadline: Replies due by 5/6/2022. (LDJ) |
Filing 76 ENDORSED ORDER DIRECTING Defendant D2L Corporation to file a reply to Plaintiff Florida Virtual School's Brief in Support of Total Disgorgement (Doc. #69), not to exceed five pages, directed solely to the issue of claimed sovereign immunity set out on pages 3-7 of (Doc. #69) by Friday, May 6, 2022. Signed by Judge Roy B. Dalton, Jr. on 4/27/2022. (EP) |
Filing 75 NOTICE OF RESCHEDULING HEARING: The Bench Trial hearing previously scheduled for 6/28/2022 is rescheduled. New scheduling date and time: Bench Trial set for 6/30/2022 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. (YG) |
Filing 74 ENDORSED ORDER granting #73 Unopposed Motion for Extension of Time. Plaintiff's deadline to serve the documents, exhibits, witness lists, and summaries of witness testimony intended to be used at the evidentiary hearing is extended to May 4, 2022. Signed by Magistrate Judge Daniel C. Irick on 4/21/2022. (Irick, Daniel) |
Filing 73 Unopposed MOTION for Extension of Time until 5/4/22 to File /Serve Documents and Witness List for June 28, 2022 Evidentiary Hearing by Florida Virtual School. (Keown, Lindy) Motions referred to Magistrate Judge Daniel C. Irick. Modified text on 4/21/2022 (LDJ). |
Filing 72 NOTICE OF RESCHEDULING HEARING: The Bench Trial hearing previously scheduled for 5/24/2022 is rescheduled. New scheduling date and time: Bench Trial set for 6/28/2022 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. (YG) |
Filing 71 ORDER granting #70 Motion to Continue. Defendant's production deadline is now Monday, March 28, 2022. Plaintiff's response deadline is now Wednesday, April 27, 2022. The trial is CONTINUED until Tuesday, June 28, 2022. An amended trial calendar order will be entered separately.. Signed by Judge Roy B. Dalton, Jr. on 3/22/2022. (YG) |
Filing 70 Unopposed MOTION to Continue and for Extension of Time by D2L Corporation, D2L Limited. (McNeill, Harold) |
Filing 69 PLAINTIFF'S BRIEF re #61 Order on Motion for Summary Judgment filed by Florida Virtual School. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Thielhelm, Robert) |
Filing 68 DEFENDANT'S BRIEF re #61 Order on Motion for Summary Judgment filed by D2L Corporation, D2L Limited. (Attachments: #1 Exhibit A, #2 Exhibit B)(McNeill, Harold) Modified text on 2/23/2022 (LDJ). |
Filing 67 ORDER: By Monday, March 21, 2022, Defendants are DIRECTED to serve on Plaintiffs a list of all witnesses with summaries of their anticipated testimony as well as identify, disclose and deliver copies of all documents or exhibits intended to be used at the evidentiary hearing. By Wednesday, April 20, 2022, Plaintiff is DIRECTED to respond with its own documents, exhibits, witness lists and summaries of witness testimony intended to be used at the evidentiary hearing. Signed by Judge Roy B. Dalton, Jr. on 2/17/2022. (YG) |
Filing 66 TRIAL CALENDAR ORDER. Signed by Judge Roy B. Dalton, Jr. on 2/17/2022. (YG) |
Filing 65 NOTICE of hearing: Bench Trial set for date certain on 5/24/2022 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. (YG) |
Filing 64 Minute Entry. In Person Proceedings held before Judge Roy B. Dalton, Jr.: FINAL PRETRIAL CONFERENCE held on 2/17/2022. Court Reporter: Suzanne L. Trimble (YG) |
Filing 63 ORDER denying #58 Motion in Limine; granting #60 Motion. Signed by Judge Roy B. Dalton, Jr. on 2/15/2022. (YG) |
Filing 62 JUDGMENT in favor of Florida Virtual School against D2L Corporation, D2L Limited. (Signed by Deputy Clerk) (KNC) |
Set deadlines: Defendant Brief due by 2/22/2022. Plaintiff Brief due by 2/22/2022. (KNC) |
Filing 61 ORDER denying #48 Motion for Summary Judgment; granting #50 Motion for Summary Judgment. The Clerk is DIRECTED to enter judgment in favor of Plaintiff and against Defendants on Count I of Plaintiff's Complaint (Doc. 1, 29-40) and Defendants' Counterclaim (Doc. 36). The judgment shalldeclare that the 2018 Agreement (Doc. 1-5) is void. By Tuesday, February 22, 2022, the parties are each DIRECTED to submit a brief of no more than twenty pages on the appropriate remedy due to Plaintiff, including whether setoff or disgorgement is appropriate and in what amount. See generally Cmty. Mar. Park,2014 WL 415955. An evidentiary hearing will be set by separate order.. Signed by Judge Roy B. Dalton, Jr. on 2/8/2022. (YG) |
Filing 60 MOTION for Miscellaneous Relief, specifically Federal Rule of Civil Procedure 6(b)(1)(B) by D2L Corporation, D2L Limited. (Attachments: #1 Affidavit in Support of Motion for Relief)(McNeill, Harold) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 59 RESPONSE in Opposition re #58 MOTION In Limine regarding Unpled Claims and Defenses filed by D2L Corporation, D2L Limited. (McNeill, Harold) |
Filing 58 MOTION In Limine regarding Unpled Claims and Defenses by Florida Virtual School. (Keown, Lindy) |
Filing 57 Minute Entry. In Person Proceedings held before Judge Roy B. Dalton, Jr.: MOTION HEARING held on 1/11/2022 re #48 Motion for Summary Judgment filed by D2L Corporation, D2L Limited; #50 Motion for Summary Judgment filed by Florida Virtual School. Court Reporter: Suzanne L. Trimble (MEH) ctp |
Filing 56 NOTICE of hearing: Motion Hearing set for 1/11/2022 at 01:30 PM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. (YG) |
Filing 55 ENDORSED ORDER amending the trial materials due date in the Case Management and Scheduling Order (Doc. #24). The parties' trial materials will be due on the same day as the Joint Final Pretrial Statement: Thursday, February 10, 2022. In the event either party files a Motion in Limine following the required meet and confer, a response shall be filed no later than Monday, January 31, 2022. Signed by Judge Roy B. Dalton, Jr. on 12/20/2021. (ABR) |
Filing 54 REPLY to Response to Motion re #48 MOTION for Summary Judgment filed by D2L Corporation, D2L Limited. (McNeill, Harold) |
Filing 53 REPLY to Response to Motion re #50 MOTION for Summary Judgment filed by Florida Virtual School. (Attachments: #1 Exhibit A)(Thielhelm, Robert) |
Filing 52 RESPONSE in Opposition re #48 MOTION for Summary Judgment filed by Florida Virtual School. (Attachments: #1 Exhibit A, #2 Exhibit B)(Thielhelm, Robert) |
Filing 51 RESPONSE to Motion re #50 MOTION for Summary Judgment filed by D2L Corporation, D2L Limited. (Attachments: #1 Composite Exhibit "A")(McNeill, Harold) Modified text on 10/22/2021 (LDJ). |
Filing 50 MOTION for Summary Judgment by Florida Virtual School. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Thielhelm, Robert) |
Filing 49 NOTICE of Filing Documents in Support by D2L Corporation, D2L Limited re #48 MOTION for Summary Judgment (Attachments: #1 Exhibit Attachment 1 to Notice of Filing Documents in Support of Motion for Summary Judgment, #2 Exhibit Attachment 2 to Notice of Filing Documents in Support of Motion for Summary Judgment, #3 Exhibit Attachment 3 to Notice of Filing Documents in Support of Motion for Summary Judgment, #4 Exhibit Attachment 4 to Notice of Filing Documents in Support of Motion for Summary Judgment, #5 Exhibit Attachment 5 to Notice of Filing Documents in Support of Motion for Summary Judgment, #6 Exhibit Attachment 6 to Notice of Filing Documents in Support of Motion for Summary Judgment, #7 Exhibit Attachment 7 to Notice of Filing Documents in Support of Motion for Summary Judgment, #8 Exhibit Attachment 8 to Notice of Filing Documents in Support of Motion for Summary Judgment)(McNeill, Harold) Modified on 10/1/2021 (matched text to pleading) (KNC). |
Filing 48 MOTION for Summary Judgment by D2L Corporation, D2L Limited. (Attachments: #1 Exhibit A to Motion for Summary Judgment, #2 Exhibit B to Motion for Summary Judgment)(McNeill, Harold) Modified on 10/1/2021 (removed duplicate text) (KNC). |
Reset scheduling order deadlines: Discovery (depositions) due by 8/30/2021 Dispositive motions due by 9/30/2021 (KNC) |
Filing 47 ENDORSED ORDER granting #46 Joint Motion for Extension of Time. The discovery deadline is extended to 8/30/2021 for the sole purpose of conducting depositions--the court will not entertain any motions related to written discovery during the extended period. The dispositive motions deadlines is extended to 9/30/2021--the Daubert motions deadline is not extended as the parties represent there will be no Daubert motions. Signed by Magistrate Judge Daniel C. Irick on 7/20/2021. (Irick, Daniel) |
Filing 46 Joint MOTION for Extension of Time to Complete Discovery Joint Motion for Extension of Deadlines to Complete Deposition Discovery and to File Summary Judgment Motions by Florida Virtual School. (Keown, Lindy) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 45 ENDORSED ORDER discharging the Court's April 1, 2021 Order to Show Cause (Doc. #42) in light of parties' joint response (Doc. #43) and the mediation report (#44). Signed by Judge Roy B. Dalton, Jr. on 4/21/2021. (BIA) |
Filing 44 MEDIATION report Hearing held on March 10, 2021. Hearing outcome: Impasse.. (Bedell, Frank) |
Filing 43 RESPONSE re #42 Order to show cause, Joint Response to Order to Show Cause Regarding Status of Mediation by Florida Virtual School. (Thielhelm, Robert) |
Filing 42 ORDER: The parties are ORDERED SHOW CAUSE in writing no later than Thursday, April 15, 2021 why they failed to comply with Court's Order. The parties are directed to advise the Court of the status of mediation with their response. Failure to comply with this Order may result in dismissal without prejudice or the imposition of sanctions without further notice. Signed by Judge Roy B. Dalton, Jr. on 4/1/2021. (BIA) |
Filing 41 ENDORSED ORDER granting in part #39 Unopposed Motion for Extension of Time to Respond to Amended Counterclaim. The Court will accept the response filed. See Doc. 40. Signed by Magistrate Judge Daniel C. Irick on 3/22/2021. (Irick, Daniel) |
Filing 40 Florida Virtual School's Answer and Affirmative Defenses, REPLY to #36 Counterclaim by Florida Virtual School.(Keown, Lindy) |
Filing 39 Unopposed MOTION for Extension of Time to April 2, 2021, to File Response to Amended Counterclaim by Florida Virtual School. (Keown, Lindy) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 3/17/2021 (SPM). |
Filing 38 MEDIATION report Hearing held on March 10, 2021. Hearing outcome: Continued.. (Bedell, Frank) |
Filing 37 NOTICE of Appearance by Luis Remigio Guzman on behalf of Florida Virtual School (Guzman, Luis) |
Filing 36 Amended COUNTERCLAIM against Florida Virtual School filed by D2L Corporation, D2L Limited. (Attachments: #1 Exhibit Exhibit A to Amended Counterclaim, #2 Exhibit Exhibit B to Amended Counterclaim, #3 Exhibit Exhibit C to Amended Counterclaim)(McNeill, Harold) |
Filing 35 ORDER granting #34 Motion to Amend. By Thursday, March 11, 2021, Defendants are DIRECTED to file the Amended Counterclaim (Doc. 34-1) as a separate docket entry. Signed by Judge Roy B. Dalton, Jr. on 3/4/2021. (BIA) |
Filing 34 MOTION for Leave to File Amended Counterclaim #23 Answer to Complaint, Counterclaim by D2L Corporation, D2L Limited. (Attachments: #1 Exhibit A (proposed Amended Counterclaim))(McNeill, Harold) Modified on 3/4/2021 (matched text to pleading) (KNC). |
Filing 33 ORDER denying #31 Motion to Dismiss for Failure to State a Claim. Signed by Judge Roy B. Dalton, Jr. on 2/17/2021. (BIA) (ctp) |
Filing 32 RESPONSE in Opposition re #31 MOTION to Dismiss for Failure to State a Claim with Incorporated Memorandum of Law filed by D2L Corporation, D2L Limited. (Attachments: #1 Exhibit A)(McNeill, Harold) Modified on 2/2/2021 (deleted duplicate language) (KNC). |
Filing 31 MOTION to Dismiss for Failure to State a Claim by Florida Virtual School. (Keown, Lindy) |
Filing 30 ENDORSED ORDER granting #28 Unopposed Motion for Extension of Time. On or before 1/18/2021, Plaintiff shall respond to the Counterclaim. Signed by Magistrate Judge Daniel C. Irick on 1/7/2021. (Irick, Daniel) |
Filing 29 NOTICE of mediation conference/hearing to be held on March 10, 2021, at 10:00 a.m. before Frank Bedell, Esq.. (Thielhelm, Robert) |
Filing 28 Unopposed MOTION for Extension of Time to File Response to Counterclaim by Florida Virtual School. (Keown, Lindy) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 27 ENDORSED ORDER granting #26 Unopposed Motion for Extension of Time. The time for the parties to serve a Notice of Mediation is extended to January 11, 2021. Signed by Magistrate Judge Daniel C. Irick on 1/6/2021. (Irick, Daniel) |
Filing 26 Unopposed MOTION for Extension of Time to File Notice of Mediation by Florida Virtual School. (Keown, Lindy) Motions referred to Magistrate Judge Daniel C. Irick. |
Filing 25 CASE REFERRED to Mediation. Mediator: Frank Bedell (KNC) |
Filing 24 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/9/2021, Joinder of Parties due by 2/9/2021, Discovery due by 8/2/2021, Dispositive motions due by 9/1/2021, Pretrial statement due by 2/10/2022, All other motions due by 1/24/2022, Plaintiff disclosure of expert report due by 6/2/2021, Defendant disclosure of expert report due by 7/2/2021, Final Pretrial Conference set for 2/17/2022 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Bench Trial set for 3/7/2022 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.., Conduct mediation hearing by 3/11/2021. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 12/22/2020. (BIA) |
Filing 23 ANSWER and affirmative defenses to #1 Complaint , COUNTERCLAIM against Florida Virtual School by D2L Limited, D2L Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(McNeill, Harold) |
Filing 22 CASE MANAGEMENT REPORT. (Keown, Lindy) |
Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order Amended by Florida Virtual School. (Keown, Lindy) |
Filing 20 Remark: Doc. #18 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 11/23/2020. (EJV) |
Filing 19 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by D2L Corporation, D2L Limited. Related case(s): No (McNeill, Harold) |
Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by D2L Corporation, D2L Limited identifying Other Affiliate D2L Ltd., Other Affiliate D2L Inc for D2L Corporation, D2L Limited.. (McNeill, Harold) |
Filing 17 NOTICE of Appearance by Harold Gregory McNeill on behalf of D2L Corporation, D2L Limited (McNeill, Harold) |
Filing 16 WAIVER of service returned executed on 11/03/2020 by D2L Limited as to D2L Limited. (McNeill, Harold) |
Filing 15 WAIVER of service returned executed on 11/03/2020 by D2L Corporation Waiver of Service sent on 10/27/2020 as to D2L Corporation. (McNeill, Harold) |
Filing 14 Remark: Doc. #10 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 10/21/2020. (EJV) |
Filing 13 ENDORSED ORDER discharging the Court's October 1, 2020 Order to Show Cause #5 in light of Plaintiff's response #11. Signed by Judge Roy B. Dalton, Jr. on 10/16/20. (EBU) |
Filing 12 SUMMONS issued as to All Defendants. (KNC) |
Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to show cause filed by Florida Virtual School. (Keown, Lindy) |
Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Florida Virtual School. (Keown, Lindy) |
Filing 9 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Florida Virtual School. Related case(s): No (Keown, Lindy) |
Filing 8 PROPOSED summons to be issued by Florida Virtual School. (Thielhelm, Robert) |
Filing 7 PROPOSED summons to be issued by Florida Virtual School. (Thielhelm, Robert) |
Filing 6 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (RN) |
Filing 5 ORDER: On or before Thursday, October 15, 2020, Plaintiff is ORDERED TO SHOW CAUSE by written response why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. Signed by Judge Roy B. Dalton, Jr. on 10/1/2020. (BIA) (ctp) |
Filing 4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/15/2020. Signed by Deputy Clerk on 10/1/2020. (BIA) (ctp) |
Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/15/2020. Signed by Deputy Clerk on 10/1/2020. (BIA) (ctp) |
Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-1788-Orl-37DCI. (SJB) |
Filing 1 COMPLAINT against D2L Corporation, D2L Limited (Filing fee $ 400 receipt number 113A-17372310) filed by Florida Virtual School. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Thielhelm, Robert) |
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