Weinstein v. Zippy Shell, Incorporated et al
Plaintiff: Morris Weinstein
Defendant: Sin City BJ, LLC, Zippy Shell, Incorporated and Zippy Shell of Las Vegas
Case Number: 6:2022cv00042
Filed: January 7, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Roy B Dalton
Referring Judge: Leslie R Hoffman
2 Judge: Leslie Hoffman Price
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 18, 2022 Opinion or Order Filing 48 ORDER to strike re: 47 Amended Complaint, filed by Morris Weinstein. The Clerk is DIRECTED to remove it from the docket and terminate all pending motions. Signed by Judge Roy B. Dalton, Jr. on 7/18/2022. (YG)
July 12, 2022 Filing 47 (STRICKEN and REMOVED per Order #48) SECOND AMENDED COMPLAINT against Sin City BJ, LLC, Zippy Shell, Incorporated with Jury Demand. filed by Morris Weinstein. Related document: #5 Amended Complaint filed by Morris Weinstein. (Attachments: # 1 Mailing Envelope)(LDJ) Modified text on 7/19/2022 (LDJ).
July 12, 2022 Filing 46 MOTION to Reopen Case by Morris Weinstein. (Attachments: #1 Mailing Envelope)(LDJ)
July 1, 2022 Opinion or Order Filing 45 ORDER dismissing case re #44 Order on Motion to Dismiss. The Clerk is DIRECTED to close the file. Signed by Judge Roy B. Dalton, Jr. on 6/30/2022. (YG)
June 13, 2022 Set deadline: Amended Complaint due by 6/27/2022. (LDJ)
June 13, 2022 Opinion or Order Filing 44 ORDER granting in part and denying in part without prejudice #9 Motion to Dismiss; granting in part and denying in part without prejudice #14 Motion to Dismiss. By Monday, June 27, 2022, Plaintiff may file a second amended complaint correcting the deficiencies identified in this Order. Failure to timely file will result in this action being closed without further notice. Signed by Judge Roy B. Dalton, Jr. on 6/13/2022. (YG) Modified on 6/13/2022 (YG).
May 11, 2022 Reset scheduling order deadline: Amended Pleadings due by 5/20/2022 (LDJ)
May 11, 2022 Opinion or Order Filing 43 ORDER denying without prejudice #29 Amended Motion to Amend Complaint. The Court also sua sponte extends the deadline for Plaintiff to file amended pleadings until Friday, May 20, 2022. If Plaintiff wishes to further amend his complaint, he may file a renewed motion seeking leave to amend, on or before that date. In addition to providing the legal basis for the requested relief, the motion should explain the reasons for seeking amendment, as well as attach a copy of the proposed amended complaint. Absent a showing of good cause, this deadline will not be further extended. Signed by Magistrate Judge Leslie Hoffman Price on 5/11/2022. (BAB)
May 11, 2022 Opinion or Order Filing 42 ORDER denying as moot #30 Amended Motion for Leave to Allege Punitive Damages; denying without prejudice #27 Amended Motion for Preferential Trial Date. Signed by Magistrate Judge Leslie Hoffman Price on 5/11/2022. (BAB)
May 11, 2022 Filing 41 Minute Entry. In Person Proceedings held before Magistrate Judge Leslie Hoffman Price: PRELIMINARY PRETRIAL CONFERENCE held on 5/11/2022. Court Reporter: Heather Suarez (ECJ)
April 21, 2022 Opinion or Order Filing 40 ORDER Setting Hearing Preliminary Pretrial Conference set for 5/11/2022 at 10:00 AM in Orlando Courtroom 5 D before Magistrate Judge Leslie Hoffman Price. Signed by Magistrate Judge Leslie Hoffman Price on 4/21/2022. (BAB)
April 20, 2022 Filing 39 RESPONSE to Motion re #30 MOTION for Leave to File Other Document :Allege Punitive Damages filed by Sin City BJ, LLC, Zippy Shell, Incorporated. (Partlow, Jeffrey)
April 20, 2022 Filing 38 RESPONSE to Motion re #29 MOTION to Amend #5 Amended Complaint filed by Sin City BJ, LLC, Zippy Shell, Incorporated. (Partlow, Jeffrey)
April 16, 2022 Filing 37 Remark: Doc. #28 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 4/12/2022. (EP)
April 14, 2022 Filing 36 RESPONSE to Motion re #27 MOTION for Hearing re #24 Case Management Report filed by Sin City BJ, LLC, Zippy Shell, Incorporated. (Partlow, Jeffrey)
April 13, 2022 Opinion or Order Filing 35 ORDER denying without prejudice #31 REQUEST TO USE ELECTRONIC FILING SYSTEM. See PDF for further details. Signed by Magistrate Judge Leslie Hoffman Price on 4/13/2022. (BAB)
April 13, 2022 Opinion or Order Filing 33 STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (BAB)
April 12, 2022 Filing 34 CASE REFERRED to Mediation. (LDJ)
April 12, 2022 Opinion or Order Filing 32 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/25/2022 Discovery due by 2/1/2023 Dispositive motions due by 3/1/2023 Pretrial statement due by 8/10/2023 All other motions due by 7/27/2023 Plaintiff disclosure of expert report due by 9/1/2022 Defendant disclosure of expert report due by 10/1/2022 Final Pretrial Conference set for 8/17/2023 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for trial term commencing 9/4/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. Conduct mediation hearing by 1/14/2023. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 4/12/2022. (YG)
April 6, 2022 Filing 31 MOTION for Miscellaneous Relief, specifically to Use Electronic Filing System by Morris Weinstein. (LDJ) Motions referred to Magistrate Judge Leslie Hoffman Price.
April 6, 2022 Filing 30 Amended MOTION for Leave to Allege Punitive Damages by Morris Weinstein. (LDJ)
April 6, 2022 Filing 29 Amended MOTION to Amend #5 Amended Complaint by Morris Weinstein. (Attachments: #1 Exhibit - Second Amended Complaint)(LDJ)
April 6, 2022 Filing 28 CERTIFICATE of interested persons and corporate disclosure statement re #20 Order pdf by Morris Weinstein. (LDJ)
April 6, 2022 Filing 27 Amended MOTION for Preferential Trial Date re #24 Case Management Report by Morris Weinstein. (Attachments: #1 Mailing Envelope)(LDJ)
April 4, 2022 Opinion or Order Filing 26 ORDER denying without prejudice #25 Motion for Hearing / Settlement Conference.. Signed by Judge Roy B. Dalton, Jr. on 4/1/2022. (YG)
March 30, 2022 Filing 25 MOTION for Preferential Trial Date re #24 Case Management Report by Morris Weinstein. (Attachments: #1 Mailing Envelope)(LDJ)
March 28, 2022 Filing 24 CASE MANAGEMENT REPORT. (Partlow, Jeffrey)
March 28, 2022 Opinion or Order Filing 23 ORDER denying without prejudice #19 Motion to Allege Punitive Damages. Signed by Magistrate Judge Leslie Hoffman Price on 3/28/2022. (TYI)
March 25, 2022 Opinion or Order Filing 22 ORDER denying without prejudice #18 Motion to Amend. Signed by Judge Roy B. Dalton, Jr. on 3/25/2022. (YG)
March 24, 2022 Opinion or Order Filing 21 PRO SE ORDER. Signed by Judge Roy B. Dalton, Jr. on 3/24/2022. (YG)
March 24, 2022 Opinion or Order Filing 20 INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 3/24/2022. (YG) (YG).
March 23, 2022 Filing 19 MOTION to Allege Punitive Damages by Morris Weinstein. (KNC) Motions referred to Magistrate Judge Leslie Hoffman Price.
March 23, 2022 Filing 18 MOTION to Amend #5 Amended Complaint by Morris Weinstein. (Attachments: #1 Proposed Second Amended Complaint with Exhibits)(KNC)
March 17, 2022 Filing 17 RESPONSE in Opposition re #14 MOTION to Dismiss Amended Complaint , #9 Amended MOTION to Dismiss Amended Complaint filed by Morris Weinstein. (Attachments: #1 Appendix of Exhibits)(KNC)
March 8, 2022 Filing 16 Remark: Doc. #15 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 3/8/2022. (EP)
March 7, 2022 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Zippy Shell, Incorporated. (Partlow, Jeffrey)
March 7, 2022 Filing 14 MOTION to Dismiss Amended Complaint by Zippy Shell, Incorporated. (Attachments: #1 Exhibit One)(Partlow, Jeffrey)
February 28, 2022 Reset deadline for Zippy Shell, Incorporated. Answer due by 3/7/2022. (LDJ)
February 28, 2022 Opinion or Order Filing 13 ORDER denying as moot #10 Motion for Clerk's Default; granting #12 Motion for Extension of Time to File Response. The deadline for Zippy Shell to answer or otherwise respond to Plaintiff's Amended Complaint is extended up to and including March 7, 2022. As such, Plaintiff's motion for Clerk's default (Doc. 10) is DENIED as moot. Signed by Magistrate Judge Leslie Hoffman Price on 2/28/2022. (TYI)
February 28, 2022 Filing 12 MOTION for Extension of Time until 3/7/22 to File Response/Reply as to #5 Amended Complaint by Zippy Shell, Incorporated. (Partlow, Jeffrey) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified text on 2/28/2022 (LDJ).
February 25, 2022 Filing 11 NOTICE of Appearance by Jeffrey Michael Partlow on behalf of Zippy Shell, Incorporated (Partlow, Jeffrey)
February 23, 2022 Filing 10 MOTION for Clerk's Default against Zippy Shell, Incorporated by Morris Weinstein. (LDJ) Motions referred to Magistrate Judge Leslie Hoffman Price.
February 22, 2022 Filing 9 Amended MOTION to Dismiss Amended Complaint by Sin City BJ, LLC. (Attachments: #1 Exhibit One)(Partlow, Jeffrey)
February 22, 2022 Opinion or Order Filing 8 ENDORSED ORDER DENYING WITHOUT PREJUDICE Defendant's Motion to Dismiss (Doc. #7) for lack of Local Rule 3.01(g) certification. Signed by Judge Roy B. Dalton, Jr. on 2/22/2022. (EP)
February 19, 2022 Filing 7 MOTION to Dismiss for Lack of Jurisdiction by Sin City BJ, LLC. (Attachments: #1 Affidavit)(Partlow, Jeffrey)
January 27, 2022 Filing 6 RETURN of service executed on 1/8/22 by Morris Weinstein as to Zippy Shell, Incorporated. (LDJ)
January 27, 2022 Filing 5 AMENDED COMPLAINT against Sin City BJ, LLC, Zippy Shell, Incorporated with Jury Demand. filed by Morris Weinstein. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(KNC)
January 27, 2022 Filing 4 PROOF of service on 1/8/2022 as to Sin City BJ, LLC (KNC)
January 18, 2022 Set deadline: Amended Complaint due by 1/28/2022 (LDJ)
January 18, 2022 Opinion or Order Filing 3 ORDER: Plaintiff's Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. By Friday, January 28, 2022, Plaintiff may file an amended complaintcorrecting the deficiencies identified in this Order. Failure to timelyfile will result in this action being closed without further notice. Signed by Judge Roy B. Dalton, Jr. on 1/16/2022. (YG)
January 7, 2022 Filing 2 SUMMONS issued as to All Defendants. (LDJ)
January 7, 2022 Filing 1 COMPLAINT against Sin City BJ, LLC, Zippy Shell, Incorporated with Jury Demand (Filing fee $ 402, receipt number ORL101870) filed by Morris Weinstein. (Attachments: #1 Exhibit 1-3)(LDJ)

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Defendant: Sin City BJ, LLC
Represented By: Jeffrey Michael Partlow
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Defendant: Zippy Shell, Incorporated
Represented By: Jeffrey Michael Partlow
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Defendant: Zippy Shell of Las Vegas
Represented By: Jeffrey Michael Partlow
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Plaintiff: Morris Weinstein
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