Garage Living Franchise Systems USA, Inc. et al v. Wettstein et al
| Garage Living Franchise Systems USA, Inc. and Garage Living Franchise Systems, Inc. |
| Ted Wettstein, Florida Garage LLC, Masterpiece Closets and Storage Solutions, LLC, Lacey Ashby, Timothy Vandiver and Master Coatings LLC |
| 6:2024cv00278 |
| February 8, 2024 |
| US District Court for the Middle District of Florida |
| Embry J Kidd |
| Carlos E Mendoza |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 38
ORDER dismissing case with prejudice subject to the right of any party, within sixty days from the date of this Order, upon good cause, to move the Court to re-open the case in accordance with Local Rule 3.09(b). All pending motions are DENIED as moot. Signed by Judge Carlos E. Mendoza on 3/25/2024. (MEH)
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| Filing 37 NOTICE canceling Evidentiary Hearing scheduled for 03/22/2024. (MEH) |
| Filing 36 NOTICE of settlement /Resolution by Lacey Ashby, Florida Garage LLC, Master Coatings LLC, Masterpiece Closets and Storage Solutions, LLC, Timothy Vandiver, Ted Wettstein. (Schirtzer, Ronald) |
| Filing 35 ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against Garage Living Franchise Systems USA, Inc. by Ted Wettstein, Florida Garage LLC, Masterpiece Closets and Storage Solutions, LLC. (Attachments: #1 Exhibit A - TW-FL Garage Mutual Termination and Release)(Chausmer, Aaron) Modified on 3/12/2024 as to docket text (ARL). |
| Filing 34 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Lacey Ashby, Master Coatings LLC, Timothy Vandiver.(Chausmer, Aaron) Modified on 3/12/2024 as to docket text (ARL). |
| Filing 33 NOTICE OF RESCHEDULING HEARING: The Evidentiary Hearing hearing previously scheduled for 03/20/2024 is rescheduled. New scheduling date and time: Evidentiary Hearing set for 3/22/2024 at 9:30 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 1-hour for the hearing. (MEH) |
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Filing 32
ENDORSED ORDER granting #29 Plaintiffs' Unopposed Motion to Continue. The 26 Evidentiary Hearing currently set for March 20, 2024 is rescheduled to March 22, 2024 at 9:30 AM. Signed by Judge Carlos E. Mendoza on 3/12/2024. (JW)
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| Filing 31 NOTICE by Florida Garage LLC, Masterpiece Closets and Storage Solutions, LLC, Ted Wettstein Notice of Pendency of Other Actions (Chausmer, Aaron) |
| Filing 30 CORPORATE Disclosure Statement by Florida Garage LLC, Masterpiece Closets and Storage Solutions, LLC, Ted Wettstein. (Chausmer, Aaron) |
| Filing 29 Unopposed MOTION to Continue by All Plaintiffs. (Goldman, Evan) |
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Filing 28
ENDORSED ORDER denying as moot #23 Defendants' Unopposed Motion to Extend Time in light of the Court's 27 March 5, 2024 Endorsed Order. Signed by Judge Carlos E. Mendoza on 3/5/2024. (JW)
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Filing 27
ENDORSED ORDER directing that on or before March 13, 2024, Defendants shall file a response to #13 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Carlos E. Mendoza on 3/5/2024. (JW)
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| Filing 26 NOTICE OF HEARING: re: #13 MOTION for Preliminary Injunction. Evidentiary Hearing set for 3/20/2024 at 1:30 PM in Orlando Courtroom 3A before Judge Carlos E. Mendoza. The Court has reserved 1-hour for the hearing. (MEH) |
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Filing 25
ORDER granting #22 Defendants' Unopposed Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 3/4/2024. (ADH)
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| Filing 24 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction filed by Lacey Ashby, Florida Garage LLC, Master Coatings LLC, Masterpiece Closets and Storage Solutions, LLC, Timothy Vandiver, Ted Wettstein. (Attachments: #1 Exhibit 1 - Termination Agreement)(Gomes, Matthew) |
| Filing 23 Unopposed MOTION for Extension of Time to Respond to #13 MOTION for Preliminary Injunction by All Defendants. (Gomes, Matthew) Modified text on 3/1/2024 (BD). |
| Filing 22 Unopposed MOTION for Aaron Ben Chausmer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21815660 for $150 by All Defendants. (Chausmer, Aaron) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Garage Living Franchise Systems USA, Inc., Garage Living Franchise Systems, Inc.. Related case(s): No (Goldman, Evan) |
| Filing 20 CORPORATE Disclosure Statement by Garage Living Franchise Systems USA, Inc., Garage Living Franchise Systems, Inc.. (Goldman, Evan) |
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Filing 19
ENDORSED ORDER granting #14 Motion for Extension of Time to Answer. Florida Garage, LLC, Masterpiece Closets and Storage Solutions, LLC, and Ted Wettstein may have until and through March 12, 2024, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 2/27/2024. (Kidd, Embry)
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Filing 18
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 2/27/2024. (MEH)
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Filing 17
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 2/27/2024. (MEH)
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Filing 16
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 2/27/2024. (MEH)
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| Filing 15 NOTICE of Email Designation and Appearance by Ronald Schirtzer on behalf of Lacey Ashby, Florida Garage LLC, Master Coatings LLC, Masterpiece Closets and Storage Solutions, LLC, Timothy Vandiver, Ted Wettstein (Schirtzer, Ronald) |
| Filing 14 Joint MOTION for Extension of Time to File Answer re #1 Complaint by Florida Garage LLC, Masterpiece Closets and Storage Solutions, LLC, Ted Wettstein. (Gomes, Matthew) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 13 MOTION for Preliminary Injunction by Garage Living Franchise Systems USA, Inc., Garage Living Franchise Systems, Inc.. (Goldman, Evan) |
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Filing 12
ENDORSED ORDER striking #11 Stipulation Extending Time for Defendants to File an Answer or Responsive Pleading to Plaintiffs' Complaint. Pursuant to Federal Rule of Civil Procedure 6(b)(1), the parties must file a motion and establish good cause for such extensions. Signed by Judge Carlos E. Mendoza on 2/22/2024. (JW)
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| Filing 11 *** STRICKEN per 12 ORDER. STIPULATION re #1 Complaint (Extending Time to Respond) by Garage Living Franchise Systems USA, Inc., Garage Living Franchise Systems, Inc. (Goldman, Evan) Modified on 2/23/2024 to edit docket text (EAM). |
| Filing 10 PROOF of service by Garage Living Franchise Systems USA, Inc., Garage Living Franchise Systems, Inc. (Goldman, Evan) |
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Filing 9
ORDER granting #8 Plaintiffs' Unopposed Amended Motion for Special Admission. Signed by Magistrate Judge Embry J. Kidd on 2/15/2024. (ADH)
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| Filing 8 Unopposed MOTION for Evan M. Goldman to appear pro hac vice by All Plaintiffs. (Goldman, Evan) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 7
ENDORSED ORDER denying #5 Plaintiffs' Opposed Motion for Special Admission. Although the title of the motion states the motion is opposed, Plaintiffs assert in their Local Rule 3.01(g) certification that the motion is unopposed. Accordingly, on or before February 16, 2024, Plaintiffs shall file an amended motion that clearly advises the Court whether the motion is opposed or unopposed. Signed by Magistrate Judge Embry J. Kidd on 2/13/2024. (ADH)
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| Filing 6 SUMMONS issued as to Lacey Ashby, Florida Garage LLC, Master Coatings LLC, Masterpiece Closets and Storage Solutions, LLC, Timothy Vandiver, Ted Wettstein. (GL) |
| Filing 5 Unopposed MOTION for Evan M. Goldman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21753762 for $150 by All Plaintiffs. (Goldman, Evan) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 4 PROOF of service by Garage Living Franchise Systems USA, Inc., Garage Living Franchise Systems, Inc. (Wasch, Adam) |
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Filing 3
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 2/9/2024. (JOR)
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| Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Embry J. Kidd. New case number: 6:24-cv-278-CEM-EJK. (AA) |
| Filing 1 COMPLAINT (Verified Complaint) against All Defendants (Filing fee $405 receipt number AFLMDC-21748609) filed by All Plaintiffs. (Attachments: #1 Exhibit A - Franchise Agreement, #2 Exhibit B - Continuing Guaranty), #3 Exhibit C - Addenda), #4 Civil Cover Sheet, #5 Proposed Summons (Ted Wettstein), #6 Proposed Summons (Lacey Ashby), #7 Proposed Summons (Timothy Vandiver), #8 Proposed Summons (Florida Garage LLC), #9 Proposed Summons (Master Coatings LLC), #10 Proposed Summons (Masterpiece Closets and Storage Solutions LLC)) (Wasch, Adam) Modified text on 2/9/2024 (GL). |
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