Cacho v. Sunbility LLC et al
| Joshua Cacho |
| Sunbility LLC, Sunbility Solar and Roofing, LLC, Montherclubber, LLC and Danielle Stallings |
| 6:2023cv00014 |
| January 4, 2023 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Embry J Kidd |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 RESPONSE to Motion re #40 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Joshua Cacho. (RPB) |
Filing 45
ENDORSED ORDER denying #39 Plaintiff's Motion to Resubmit the Third Amended Complaint. Having reviewed the Motion, the #38 Third Amended Complaint, and the [39-1] Corrected Third Amended Complaint, the Court determines that a corrected complaint is not necessary. Signed by Magistrate Judge Embry J. Kidd on 6/26/2023. (AS)
|
|
Filing 44
ENDORSED ORDER denying #42 Motion for Extension of Time. Local Rule 3.01(c) allows 21 days to respond to a motion to dismiss. Therefore, the response is due on June 27, 2023, which is one day after the requested extension date. Signed by Magistrate Judge Embry J. Kidd on 6/23/2023. (Kidd, Embry)
|
| Filing 43 RESPONSE to Motion re #42 MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Danielle Stallings, Sunbility LLC. (Attachments: #1 Exhibit Exhibit A_Email from Plaintiff to Defendant's Counsel)(Atkinson, Timothy) |
| Filing 42 MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Dismiss Plaintiff's Third Amended Complaint by Joshua Cacho. (Attachments: #1 Text of Proposed Order)(RPB) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 41 REQUEST for Oral Argument by Danielle Stallings, Sunbility LLC re #40 MOTION to Dismiss Plaintiff's Third Amended Complaint (Atkinson, Timothy) Modified on 6/7/2023 to edit docket text and make motion (KNC). |
| Filing 40 MOTION to Dismiss Plaintiff's Third Amended Complaint by Danielle Stallings, Sunbility LLC. (Atkinson, Timothy) |
| Filing 39 MOTION to Correct/Resubmit #38 Amended Complaint by Joshua Cacho. (Attachments: #1 Corrected Third Amended Complaint)(KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 38 THIRD AMENDED COMPLAINT against Danielle Stallings, Sunbility LLC with Jury Demand. filed by Joshua Cacho.(KNC) |
| Set deadlines: Amended Complaint due by 5/23/2023 (KNC) |
|
Filing 37
ORDER granting #32 Motion to Amend Complaint; denying as moot #17 Motion to Dismiss. Plaintiff is ORDERED to file his proposed Amended Complaint on or before May 23, 2023. Signed by Magistrate Judge Embry J. Kidd on 5/19/2023. (AS)
|
| Filing 36 CASE REFERRED to Mediation. Mediator: Joseph Dobkin (KNC) |
|
Filing 35
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/30/2023 Joinder of Parties due by 6/30/2023 Discovery due by 3/1/2024 Dispositive motions due by 4/2/2024 Pretrial statement due by 8/5/2024 All other motions due by 7/2/2024 Plaintiff disclosure of expert report due by 1/2/2024 Defendant disclosure of expert report due by 2/1/2024 Trial Status Conference set for 8/13/2024 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the September 2024 trial term commencing on 9/2/2024 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 3/15/2024. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 5/4/2023. (RMF)
|
| Filing 34 RESPONSE to Motion re #32 MOTION to Amend #12 Amended Complaint, filed by Danielle Stallings, Sunbility LLC. (Atkinson, Timothy) |
|
Filing 33
ORDER re #31 Plaintiff's Unopposed Stipulation of Dismissal of Defendants Montherclubber, LLC and Sunbility Solar and Roofing, LLC. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), the Clerk is directed to terminate Montherclubber, LLC and Sunbility Solar and Roofing, LLC as Defendants in this matter and amend the case style accordingly. Signed by Judge Wendy W. Berger on 4/26/2023. (RMF)
|
| Filing 32 MOTION to Amend #12 Amended Complaint, by Joshua Cacho. (Attachments: #1 Proposed Third Amended Complaint)(KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 31 Unopposed STIPULATION of dismissal of Montherclubber LLC and Sunbility Solar and Roofing LLC by Joshua Cacho. (KNC) |
| Filing 30 RESPONSE to Motion re #17 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Joshua Cacho. (KNC) |
| Filing 29 CASE MANAGEMENT REPORT. (Atkinson, Timothy) |
|
Filing 28
ENDORSED ORDER granting #27 Motion for Extension of Time. Plaintiff may have until and through April 21, 2023, to respond to the Motion to Dismiss. Signed by Magistrate Judge Embry J. Kidd on 4/18/2023. (Kidd, Embry)
|
| Reset deadlines as to #17 MOTION to Dismiss Plaintiff's Second Amended Complaint . Responses due by 4/21/2023 (KNC) |
| Filing 27 Unopposed MOTION for Extension of Time to File Response as to #17 MOTION to Dismiss Plaintiff's Second Amended Complaint by Joshua Cacho. (KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
| Reset deadlines: Case management report due by 4/20/2023 (KNC) |
|
Filing 26
ENDORSED ORDER denying without prejudice #24 Motion for Extension of Time, for failure to comply with Local Rule 3.01(g). Plaintiff is advised that every motion must contain a certificate of conferral in accordance with Local Rule 3.01(g). The Court expects all litigants, including pro se litigants, to be familiar with its Rules. The filing of another motion without a proper Local Rule 3.01(g) certification may result in denial of the motion without leave to refile. Signed by Magistrate Judge Embry J. Kidd on 4/14/2023. (Kidd, Embry)
|
|
Filing 25
ENDORSED ORDER granting #23 Motion for Extension of Time. The parties may have until and through April 20, 2023, to file their case management report. Signed by Magistrate Judge Embry J. Kidd on 4/14/2023. (Kidd, Embry)
|
| Filing 24 MOTION for Extension of Time to File Response as to #17 MOTION to Dismiss Plaintiff's Second Amended Complaint by Joshua Cacho. (KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 23 Unopposed MOTION for Extension of Time to File Uniform Case Management Report by Sunbility LLC. (Atkinson, Timothy) Motions referred to Magistrate Judge Embry J. Kidd. |
|
Filing 22
ENDORSED ORDER denying #20 Motion for Extension of Time. The Court will not grant any extensions based on the pendency of a dispositive motion. Signed by Magistrate Judge Embry J. Kidd on 4/6/2023. (Kidd, Embry)
|
|
Filing 21
ENDORSED ORDER denying without prejudice #19 Motion for Extension of Time, for failure to comply with Local Rule 3.01(g). Signed by Magistrate Judge Embry J. Kidd on 4/6/2023. (Kidd, Embry)
|
| Filing 20 MOTION for Extension of Time to File Uniform Case Management Report by Sunbility LLC. (Atkinson, Timothy) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 19 MOTION for Extension of Time to File Response as to #17 MOTION to Dismiss Plaintiff's Second Amended Complaint by Joshua Cacho. (KNC) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement by Danielle Stallings, Sunbility LLC. (Atkinson, Timothy) |
| Filing 17 MOTION to Dismiss Plaintiff's Second Amended Complaint by Danielle Stallings, Sunbility LLC. (Atkinson, Timothy) |
| Filing 16 PROOF of service as to Danielle Stallings by Joshua Cacho (KNC) |
|
Filing 15
ENDORSED ORDER granting #14 Motion for Extension of Time. Sunbility, LLC, may have until and through March 16, 2023, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 2/24/2023. (Kidd, Embry)
|
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 Amended Complaint, by Sunbility LLC. (Atkinson, Timothy) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 13 SUMMONS issued as to Montherclubber, LLC, Danielle Stallings, Sunbility Solar and Roofing, LLC. (LDJ) |
| Filing 12 SECOND AMENDED COMPLAINT against Sunbility LLC, Sunbility Solar and Roofing, LLC, Montherclubber, LLC, Danielle Stallings with Jury Demand. filed by Joshua Cacho. Related document: #4 Amended Complaint filed by Joshua Cacho. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Summons)(LDJ) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Joshua Cacho. Related case(s): No (KNC) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Joshua Cacho. (KNC) |
| Filing 9 PROOF of service as to Sunbility LLC by Joshua Cacho (KNC) |
| Filing 8 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
|
Filing 7
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 2/7/2023. (RMF)
|
| Set deadlines: Second Amended Complaint due by 2/10/2023 (KNC) |
|
Filing 6
ORDER granting #5 Request to Submit Exhibits to First Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 2/3/2023. (AS)
|
| Filing 5 MOTION for Miscellaneous Relief, specifically Request to Submit Exhibits to First Amended Complaint by Joshua Cacho. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(SRD) |
| Filing 4 AMENDED COMPLAINT against Sunbility LLC with Jury Demand. filed by Joshua Cacho.(KNC) (Additional attachment(s) added on 1/18/2023: #1 Main Document- signed) (KNC). Modified on 1/18/2023 to add document and edit docket text (KNC). |
| Set deadlines: Amended Complaint due by 1/19/2023 (KNC) |
|
Filing 3
ORDER: The Complaint #1 is DISMISSED without prejudice. Plaintiff may file an amended complaint on or before January 19, 2023, to correct the deficiencies noted herein. Failure to timely file an amended pleading in compliance with this Order may result in dismissal without further notice. Signed by Judge Wendy W. Berger on 1/10/2023. (RMF)
|
| Filing 2 SUMMONS issued as to Sunbility LLC and provided to Plaintiff at Intake. (KNC) |
| Filing 1 COMPLAINT against Sunbility LLC with Jury Demand Filing fee $402.00, receipt number 106488 filed by Joshua Cacho. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(KNC) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
