Delaney v. Upsolve, Inc. et al
| John Doe No. 1, John Doe No. 2, Andrew Delaney and John Doe No. |
| Upsolve, Inc., Rohan Pavuluri, President and Fellows of Harvard College, Yale University, Y Combinator Management, LLC and Eric Emerson Schmidt |
| 6:2023cv00975 |
| May 26, 2023 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Carlos E Mendoza |
| Robert M Norway |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 ENTERED IN ERROR. Modified text on 7/25/2023 (LDJ). |
| Filing 30 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #29 Notice of Interlocutory Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (ARL) |
| Filing 29 NOTICE OF INTERLOCUTORY APPEAL as to #24 Order on Motion to Dismiss Order on Motion for Reconsideration / Clarification Order on Motion to Remand to State Court, by Andrew Delaney. (ARL). |
Filing 28
ENDORSED ORDER striking #27 Notice of Termination of Counsel. If Mr. Beres wishes to withdraw from his representation, he must file a motion and comply with Local Rule 2.02(c). Unless and until any such motion is granted, Mr. Beres is representing Plaintiff Delaney in this matter. Signed by Judge Carlos E. Mendoza on 6/28/2023. (KMS)
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| Filing 27 ***STRICKEN; pursuant to court's endorsed order 28.*** NOTICE of Termination of Counsel by Andrew Delaney. (RN) Modified text on 6/29/2023 (LNR). |
| Filing 26 NOTICE by Rohan Pavuluri re #1 Notice of Removal Consent to Removal (Kennedy, Peter) |
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Filing 25
ENDORSED ORDER striking Andrew Delaney's #22 pro se Response pursuant to Local Rule 2.02(b)(3) because he is represented by counsel. Signed by Judge Carlos E. Mendoza on 6/26/2023. (KMS)
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| PRO HAC VICE FEES paid by attorney Peter D. Kennedy, appearing on behalf of Upsolve, Inc. (Filing fee $150.00 receipt number ORL108450.). (JG) |
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Filing 24
ORDER denying as moot #13 Motion to Dismiss; granting #20 Motion for Reconsideration / Clarification. Plaintiff John Doe No. 2's Motion to Remand (Doc. 21) is STRICKEN. The Clerk is directed to terminate President and Fellows of Harvard College; Yale University; and Y Combinator Management, LLC as Defendants and to amend the case style accordingly. The Clerk is also directed to terminate John Doe No. 1 as a Plaintiff and Defendant Eric Emerson Schmidt as a Defendant and to amend the case style accordingly. The Clerk is directed to amend the case style to indicate that John Doe No. 2 is Andrew Delaney. The Complaint, to the extent that Plaintiff Andrew Delaney alleges claims against Defendants Upsolve, Inc. and Rohan Pavuluri, is DISMISSED as a shotgun pleading. On or before June 29, 2023, Defendant Rohan Pavuluri shall file a notice on the docket indicating whether he consents to the removal of John Doe No. 2's (Andrew Delaney's) claims against him. On or before July 6, 2023, John Doe No. 2 may file an Amended Complaint including only those claims removed here, which addresses the pleading deficiencies outlined in this Order. Failure to do so will result in closure of this case without further notice. Signed by Judge Carlos E. Mendoza on 6/22/2023. (MEH) Modified on 6/23/2023 (VLC).
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| Filing 23 CORPORATE Disclosure Statement by Upsolve, Inc. (Russell, Alec) Modified on 6/22/2023 to edit docket text (BCB). |
| Filing 22 ***STRUCK PER ORDER 25***RESPONSE in Opposition re #20 Unopposed MOTION for Clarification filed by John Doe No. 2. (RPB) Modified on 6/27/2023 to strike as directed (RPB). |
| Filing 20 Unopposed MOTION for Clarification by President and Fellows of Harvard College. (Peters, Mark) |
| Filing 21 MOTION to Remand to State Court by John Doe No. 2. (RPB) |
| Filing 19 NOTICE by Rohan Pavuluri, Upsolve, Inc. Advisory on Scope of Removal - (Russell, Alec) |
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Filing 18
ENDORSED ORDER granting #14 Motion to Appear Pro Hac Vice provided counsel shall register for and use the Court's electronic filing system. Signed by Magistrate Judge Robert M. Norway on 6/15/2023. (JBS)
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| Filing 17 CORPORATE Disclosure Statement by Rohan Pavuluri, Eric Emerson Schmidt. (Russell, Alec) |
| Filing 16 Unilateral CONSENT to Magistrate Judge Disposition on Motion by Rohan Pavuluri, Upsolve, Inc. re #13 Amended MOTION to Dismiss for Lack of Standing or, in the Alternative, to Transfer , #14 MOTION for Peter D. Kennedy to appear pro hac vice . (Russell, Alec) Modified on 6/15/2023 (SPM). |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Rohan Pavuluri, Upsolve, Inc.. Related case(s): Yes (Russell, Alec) |
| Filing 14 MOTION for Peter D. Kennedy to appear pro hac vice by Rohan Pavuluri, Upsolve, Inc.. (Russell, Alec) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 13 Amended MOTION to Dismiss for Lack of Standing or, in the Alternative, to Transfer by Rohan Pavuluri, Upsolve, Inc. (Attachments: #1 Exhibit Complaint / Petition for Injunctive Relief)(Russell, Alec) Modified on 6/14/2023 (SPM). |
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Filing 12
ORDER re Plaintiffs' use of pseudonyms. See Order for details. Signed by Magistrate Judge Robert M. Norway on 6/13/2023. (JBS)
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Filing 11
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 6/12/2023. (MEH)
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Filing 10
NOTICE TO COUNSEL AND PARTIES: 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 Carlos E. Mendoza on 6/12/2023. (MEH)
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Filing 9
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 6/12/2023. (MEH)
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| Filing 8 Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:23-cv-975-CEM-RMN. Judge Roy B. Dalton, Jr. no longer assigned to the case. (RN) |
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Filing 7
ORDER reassigning this case to another District Judge in this Division. See In re Standing Order Regarding Assignment of Cases, No. 6:22-mc-19-RBD (M.D. Fla. Jan. 27, 2023) (Doc. 3). Signed by Judge Roy B. Dalton, Jr. on 6/8/2023. (ALL)
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Filing 6
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #5 Motion to Dismiss. Signed by Judge Roy B. Dalton, Jr. on 6/5/2023. (LLM)
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| Filing 5 MOTION to Dismiss for Lack of Standing or, in the Alternative, to Transfer by Rohan Pavuluri, Upsolve, Inc. (Attachments: #1 Exhibit Plaintiff's Complaint / Petition for Injunctive Relief)(Russell, Alec) Modified on 6/5/2023 to edit docket text (SRD). |
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Filing 4
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 5/30/2023. (ALL)
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| Filing 3 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Robert M. Norway. New case number: 6:23-cv-975-RBD-RMN. (RPB) |
| Filing 2 NOTICE TO COUNSEL Christopher T. Beres of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (RPB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from United States Bankruptcy Court for the Eastern District of New York Brooklyn Chapter 7, case number 1-20-44372 filed in State Court on March 5, 2023. Filing fee $402, receipt number AFLMDC-20879725 filed by Upsolve, Inc.. (Attachments: #1 Exhibit Complaint / Petition for Injunctive Relief and all other pleadings on file in John Doe No. 1, et al. v. Upsolve, Inc., et al., No. 05-2023-CA-018273, in the Circuit Court of the 18th Judicial District, Brevard County, Florida, #2 Exhibit November 28, 2022, letter from Christopher T. Beres to Upsolve, Inc., and thirteen other parties threatening to file lawsuit on behalf of Andrew Delaney, #3 Exhibit Screen capture from New York State Unified Court System website reflecting Andrew John Delaney's registration as attorney, #4 Exhibit Docket sheet in In re Andrew John Delaney, No. 1-20-44372-jmm, United States Bankruptcy Court, Eastern District of New York (Brooklyn), as of May 22, 2023, #5 Civil Cover Sheet)(Russell, Alec) |
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