Weiss v. AT&T Mobility, LLC
| Al Weiss |
| AT&T Inc., AT&T Mobility, LLC. and AT&T Wireless |
| 6:2023cv00120 |
| January 23, 2023 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Embry J Kidd |
| Other Statutory Actions |
| 47 U.S.C. § 0605 Federal Communications Act |
| None |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER: Plaintiff's Objection #42 is OVERRULED. The Report and Recommendation #40 is ADOPTED and CONFIRMED and is made a part of this Order. Defendant's Motion to Compel Arbitration and Stay Case #15 is GRANTED. Plaintiff shall submit his claims against Defendant to arbitration in accordance with the parties' agreements. This case is STAYED pending arbitration. On or before April 22, 2024, and every 180 days thereafter, Defendant shall file a report as to the status of the arbitration proceedings. Additionally, Defendant shall notify this Court within fourteen days of the final resolution of the arbitration proceedings. The Clerk is directed to administratively close this case. Signed by Judge Wendy W. Berger on 10/25/2023. (RMF)
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| Filing 43 RESPONSE to objections to #40 Report and Recommendations filed by AT&T Mobility, LLC.. (Stagg, Nancy) |
| Filing 42 OBJECTION re #40 REPORT AND RECOMMENDATIONS re #15 MOTION to Compel Arbitration and Stay Case filed by AT&T Mobility, LLC. (Eden, Jennifer) Modified text on 7/10/2023 (JK). |
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Filing 41
NOTICE TO COUNSEL AND PARTIES: Pursuant to this Court's February 10, 2023 Standing Order, available at https://www.flmd.uscourts.gov/sites/flmd/files/documents/flmd-berger-standing-order-on-objections-6-23-mc-4-wwb.pdf, objections to reports and recommendations shall not exceed fifteen pages and responses to objections shall not exceed ten pages. Failure to comply with the applicable guidelines set forth in the Standing Order may result in the striking of objections or responses without further notice. Signed by Judge Wendy W. Berger on 6/26/2023. (MDJ)
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| Filing 40 REPORT AND RECOMMENDATIONS re #15 Motion to Compel Arbitration and Stay Case Signed by Magistrate Judge Embry J. Kidd on 6/23/2023. (AS) |
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Filing 39
ORDER denying without prejudice #38 Motion for Protective Order. Signed by Magistrate Judge Embry J. Kidd on 6/23/2023. (AS)
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| Filing 38 Joint MOTION for Stipulated Protective Order by Al Weiss. (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(Eden, Jennifer) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 6/12/2023 to edit docket text (KNC). |
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Filing 37
ORDER re #35 Stipulation to Dismissal Without Prejudice as to Defendant AT&T Inc. Only. Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Clerk is directed to terminate AT&T Inc. as a Defendant in this matter and amend the case style accordingly. Signed by Judge Wendy W. Berger on 5/5/2023. (RMF)
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| Filing 36 NOTICE OF SELECTION of J Joaquin Fraxedas as mediator by Al Weiss. (Taylor, Christina) |
| Filing 35 STIPULATION of Dismissal as to Defendant AT&T Inc. Only by Al Weiss. (Eden, Jennifer) |
| Filing 34 REPLY to Response to Motion re #15 MOTION to Compel Arbitration and Stay Case filed by AT&T Inc., AT&T Mobility, LLC. (Stagg, Nancy) Modified on 5/3/2023 to edit docket text (KNC). |
| Set deadlines as to #15 MOTION to Compel Arbitration and Stay Case . Reply due by 5/3/2023. (KNC) |
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Filing 33
ORDER granting #32 Motion for Leave to File Reply in Support of Motion to Compel Arbitration and Stay Case. Signed by Magistrate Judge Embry J. Kidd on 4/26/2023. (AS)
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| Filing 32 MOTION for Miscellaneous Relief, specifically Leave to File Reply in Support of Motion to Compel Arbitration and Stay Case by AT&T Inc., AT&T Mobility, LLC. (Stagg, Nancy) Modified on 4/26/2023 to edit docket text (KNC). |
| Filing 31 RESPONSE in Opposition re #15 MOTION to Compel Arbitration and Stay Case filed by Al Weiss. (Eden, Jennifer) |
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Filing 30
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER (Case Style Only) Signed by Judge Wendy W. Berger on 4/10/2023. (RMF)
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| Filing 29 ENTERED IN ERROR Modified on 4/7/2023 (RMF). |
| Filing 28 CASE REFERRED to Mediation. Mediator: TBD (KNC) |
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Filing 27
ORDER: the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before May 5, 2023. Signed by Judge Wendy W. Berger on 4/7/2023. (RMF)
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Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/26/2023 Joinder of Parties due by 6/26/2023 Discovery due by 7/5/2024 Dispositive motions due by 8/6/2024 Pretrial statement due by 12/9/2024 All other motions due by 11/6/2024 Plaintiff disclosure of expert report due by 1/24/2024 Defendant disclosure of expert report due by 2/23/2024 Trial Status Conference set for 12/10/2024 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Bench Trial set for the January 2025 trial term commencing on 1/6/2025 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 7/19/2024. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 4/7/2023. (RMF)
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Filing 25
ENDORSED ORDER granting #24 Motion for Extension of Time. Plaintiff may have until and through April 20, 2023, to respond to the Motion to Compel Arbitration and Stay Case. Signed by Magistrate Judge Embry J. Kidd on 4/6/2023. (Kidd, Embry)
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| Reset deadlines as to #15 MOTION to Compel Arbitration and Stay Case . Responses due by 4/20/2023 (KNC) |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Compel Arbitration and Stay Case by Al Weiss. (Taylor, Christina) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 23 CASE MANAGEMENT REPORT. (Taylor, Christina) |
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Filing 22
ORDER granting #20 Motion to Appear Pro Hac Vice; granting #21 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 4/4/2023. (AS)
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| Filing 21 MOTION for Brittany Herbert to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20683071 for $150 by AT&T Inc., AT&T Mobility, LLC.. (Adler, Robert) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 20 MOTION for Nancy L. Stagg to appear pro hac vice by AT&T Inc., AT&T Mobility, LLC.. (Adler, Robert) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 19 CORPORATE Disclosure Statement by Al Weiss. (Eden, Jennifer) |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-20682873 for $150 paid. Special Admission for Non-Resident Attorney Nancy L. Stagg. (Adler, Robert) |
| Filing 18 Supplemental CERTIFICATION Local Rule 3.01(g)(3) re #15 MOTION to Compel Arbitration and Stay Case by Robert Randal Adler on behalf of AT&T Inc., AT&T Mobility, LLC. (Adler, Robert) Modified on 3/24/2023 to edit docket text (KNC). |
| Filing 17 CORPORATE Disclosure Statement by AT&T Mobility, LLC. identifying Other Affiliate AT&T Inc. for AT&T Mobility, LLC. (Adler, Robert) Modified on 3/21/2023 to edit docket text (KNC). |
| Filing 16 CORPORATE Disclosure Statement by AT&T Inc. (Adler, Robert) Modified on 3/21/2023 to edit docket text (KNC). |
| Filing 15 MOTION to Compel Arbitration and Stay Case by AT&T Inc., AT&T Mobility, LLC.. (Attachments: #1 Declaration of Jon Fuller, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Adler, Robert) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 14
ENDORSED ORDER granting #13 Motion for Extension of Time to Answer. Defendants may have until and through March 20, 2023, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 2/24/2023. (Kidd, Embry)
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| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by All Defendants. (Adler, Robert) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 12 CERTIFICATE of service by Al Weiss for Summons and Complaint on AT&T Mobility. (Eden, Jennifer) |
| Filing 11 CERTIFICATE of service by Al Weiss for Summons and Complaint on AT&T Inc.. (Eden, Jennifer) |
| Filing 10 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) |
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Filing 9
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 2/8/2023. (RMF)
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| Filing 8 SUMMONS issued as to All Defendants. (KNC) |
| Filing 7 PROPOSED summons to be issued by Al Weiss. (Eden, Jennifer) |
| Filing 6 PROPOSED summons to be issued by Al Weiss. (Eden, Jennifer) |
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Filing 5
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 1/25/2023. (JOR)
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| Filing 4 NOTICE of Lead Counsel Designation by Jennifer S. Eden on behalf of Al Weiss. Lead Counsel: Jennifer S. Eden. (Eden, Jennifer) |
| Filing 3 NOTICE to Plaintiff's counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (KNC) |
| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-0120-WWB-EJK. (SJB) |
| REFUND for duplicate payment. Receipt number AFLMDC-20429319 refunded in the amount of $ $402.00 paid to Peter Latham.. (NLC) |
| Filing 1 COMPLAINT against AT&T Inc., AT&T Mobility, LLC. (Filing fee $402 receipt number AFLMDC-20429366) filed by Al Weiss. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Eden, Jennifer) |
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