Stapleton v. Kemper Sports Management, Inc. et al
| Stapleton and Richard Stapleton |
| Kemper Sports Management, Inc, Stillwater Preserve Development, LLC, Mosaic Company and Kemper Sports Management, Inc. |
| 8:2016cv02891 |
| October 12, 2016 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Sarasota |
| Susan C Bucklew |
| Susan C Bucklew |
| Anthony E Porcelli |
| Labor: Other |
| 29 U.S.C. § 206 |
| None |
Docket Report
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This docket was last retrieved on August 24, 2017. A more recent docket listing may be available from PACER.
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Filing 55
ENDORSED ORDER that on the basis of the parties' telephonic notice of settlement, this cause is DISMISSED WITHOUT PREJUDICE to the right of any party to re-open the action within sixty (60) days, upon good cause shown, or to submit a stipulated form of final judgment. The Clerk is directed to close the case and terminate all pending motions. Signed by Judge Susan C Bucklew on 8/24/2017. (KMG)
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Filing 54
ENDORSED ORDER denying as moot #50 Motion to Compel in light of the parties' telephonic notice of settlement. Signed by Magistrate Judge Anthony E. Porcelli on 8/24/2017. (JMF)
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| Filing 53 NOTICE of mediation conference/hearing to be held on August 18, 2017, at 10:00 a.m. before Charles Robinson Fawsett. (Miller, Mary) |
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Filing 52
ENDORSED ORDER granting #51 Motion for Extension of Time. Plaintiff is directed to file his motion for class certification no later than August 25, 2017. Defendants are directed to file their response to Plaintiff's motion to compel #50 no later than August 25, 2017. Signed by Judge Susan C Bucklew on 7/27/2017. (GAG)
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| Filing 51 Joint MOTION for Extension of Time to File Response/Reply as to #50 MOTION to Compel Dfdt Kemper to Designate an Adequate Corporate Representative for Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) , #47 Order pdf , Joint MOTION to stay the Case for Three Weeks Pending Mediation by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC. (Shaughnessy, Kevin) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 50 MOTION to Compel Defendant Kemper to Designate an Adequate Corporate Representative for Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) by Richard Stapleton. (Attachments: #1 Exhibit 1 - Kemper depo excerpts, #2 Exhibit 2 - Kemper Amended Depo Notice, #3 Exhibit 3 - Correspondence, #4 Exhibit 4 - Dfdt Kemper's Responses to Rog 15, #5 Exhibit 5 - Pltfs 062617 email, #6 Exhibit 6 - Dfdts 062917 email)(Givens, Tamra) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified text on 7/12/2017 (KMM). |
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Filing 49
ENDORSED ORDER granting #46 Motion to extend time. Plaintiff is directed to file his motion for class certification no later than July 28, 2017. Signed by Judge Susan C Bucklew on 7/7/2017. (JMM)
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| Filing 48 RESPONSE in Opposition re #46 Emergency MOTION to extend time to file motion for Class Certification and Incorporated Memorandum of Law (Amended) filed by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC. (Miller, Mary) |
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Filing 47
ORDER directing Defendants to respond to Plaintiff's Motion for Extension of Time to File Motion for Class Certification #46 in no more than five pages by July 7, 2017. Signed by Judge Susan C Bucklew on 7/5/2017. (JMM)
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| Filing 46 AMENDED Emergency MOTION to extend time to file motion for Class Certification and Incorporated Memorandum of Law (Amended) by Richard Stapleton. (Attachments: #1 Exhibit 1 - Amended Notice of Depo (Kemper), #2 Exhibit 2 - Kemper depo excerpts, #3 Exhibit 3 - email correspondence, #4 Exhibit 4 - email correspondence)(Givens, Tamra) Modified text on 7/5/2017 (KMM). |
| Filing 45 Emergency MOTION to extend time to file motion for Class Certification and Incorporated Memorandum of Law by Richard Stapleton. (Attachments: #1 Exhibit 1 - Amended Depo Notice (Kemper), #2 Exhibit 2 - Kemper depo excerpts, #3 Exhibit 3 - email correspondence, #4 Exhibit 4 - email correspondence)(Givens, Tamra) |
| Filing 44 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 4/10/2017 re #34 MOTION to Compel Plaintiff to provide Answers to First Set of Interrogatories and to Produce Documents in Response to First Request for Production of Documents filed by Stillwater Preserve Development, LLC, Kemper Sports Management, Inc., Mosaic Company. (digital) (LV) |
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Filing 43
ORDER granting #34 Motion to Compel. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 4/10/2017. (JMF)
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| Filing 42 NOTICE of supplemental filing of excerpts from plaintiff's March 30,2017 deposition in support of their pending motion to compel by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC re #34 MOTION to Compel Plaintiff to provide Answers to First Set of Interrogatories and to Produce Documents in Response to First Request for Production of Documents (Attachments: #1 Exhibit A - Excerpts from Transcript of Deposition of Richard Carl Stapleton)(Miller, Mary) Modified text on 4/7/2017 (KMM). |
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Filing 41
ENDORSED ORDER denying #40 Motion for Extension of Time to Amend. Plaintiff may seek leave to amend if and when it determines an additional defendant should be added. Signed by Judge Susan C Bucklew on 4/3/2017. (JMM)
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| Filing 40 Unopposed MOTION for Extension of Time to Amend Complaint to Add Potential Defendant Noble-Interstate Management Group, LLC and Incorporated Memorandum of Law by Richard Stapleton. (Givens, Tamra) |
| Filing 39 RESPONSE to Motion re #34 MOTION to Compel Plaintiff to provide Answers to First Set of Interrogatories and to Produce Documents in Response to First Request for Production of Documents filed by Richard Stapleton. (Attachments: #1 Exhibit 1 - Miller 032917 email to Gastman)(Givens, Tamra) |
| Filing 38 NOTICE OF SELECTION of James Nulman as mediator by Richard Stapleton. (Givens, Tamra) |
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Filing 37
ENDORSED ORDER granting #36 Motion to extend time. The parties are directed to notify the Court, in writing, of their selected mediator on or before March 24, 2017. Signed by Judge Susan C Bucklew on 3/22/2017. (JMM)
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| Filing 36 Unopposed MOTION to extend time to file and serve the Stipulation Selecting Mediator per the Court's Case Management and Scheduling Order by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC. (Miller, Mary) |
| Filing 35 NOTICE of hearing on motion re #34 MOTION to Compel Plaintiff to provide Answers to First Set of Interrogatories and to Produce Documents in Response to First Request for Production of Documents. Motion Hearing set for 4/10/2017 at 03:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. (JMF) |
| Filing 34 MOTION to Compel Plaintiff to provide Answers to First Set of Interrogatories and to Produce Documents in Response to First Request for Production of Documents by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC. (Attachments: #1 Exhibit A - Plaintiff's Responses to Defendants' First Set of Interrogatories, #2 Exhibit B - Plaintiff's Responses to Defendants' First Request for Production of Documents, #3 Exhibit C - Defendants' counsel's correspondence to Plaintiff's counsel, dated January 25, 2017, #4 Exhibit D - Defendants' counsel's correspondence to Plaintiff's counsel, dated February 9, 2017, #5 Exhibit E - Plaintiff's counsel's correspondence to Defendants' counsel, dated February 24, 2017)(Miller, Mary) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 33 NOTICE of Appearance by Mary Caroline Miller on behalf of Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC (Miller, Mary) |
| Filing 32 ANSWER and affirmative defenses to #31 Amended Complaint by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC.(Shaughnessy, Kevin) |
| Filing 31 AMENDED COMPLAINT Second Amended Complaint against Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC filed by Richard Stapleton.(Givens, Tamra) |
| Filing 30 STIPULATION Regarding Plaintiff's Filing of Second Amended Complaint by Richard Stapleton. (Attachments: #1 Exhibit A - Second Amended Complaint)(Givens, Tamra) |
| Filing 29 ANSWER and affirmative defenses to #10 Amended Complaint by Mosaic Company.(Shaughnessy, Kevin) |
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Filing 28
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/2/2018, Dispositive motions due by 2/2/2018, Pretrial Conference set for 5/8/2018 at 08:30 AM in Tampa Courtroom 10 B before Judge Susan C Bucklew, Conduct mediation hearing by 1/12/2018. This case is set for a non-jury trial on the Court's June 2018 trial calendar. Signed by Judge Susan C Bucklew on 1/17/2017. (JD)
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| Filing 27 Minute Entry. Proceedings held before Judge Susan C Bucklew: PRELIMINARY PRETRIAL CONFERENCE held on 1/17/2017. Court Reporter: Claudia Spangler-Fry (MSS) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC identifying Corporate Parent Mosaic Fertilizer, LLC for Stillwater Preserve Development, LLC.. (Shaughnessy, Kevin) |
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Filing 25
ORDER denying #16 Motion to Dismiss for Failure to State a Claim. Signed by Judge Susan C Bucklew on 1/6/2017. (JMM)
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| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement by Richard Stapleton. (Dodson, Penn) |
| Filing 23 RESPONSE to Motion re #16 MOTION to dismiss for failure to state a claim (with supporting memorandum of law) filed by Richard Stapleton. (Givens, Tamra) |
| Filing 22 NOTICE of hearing: Preliminary Pretrial Conference set for 1/17/2017 at 9:00 AM in Tampa Courtroom 10 B before Judge Susan C Bucklew. (MSS) |
| Filing 21 AMENDED NOTICE of designation under Local Rule 3.05 - Track 3 (MSS) |
| Filing 20 CASE MANAGEMENT REPORT. (Smith, Sam) |
| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re 15 Order to show cause filed by Richard Stapleton. (Givens, Tamra) |
| Filing 18 NOTICE of Appearance by Tamra Carsten Givens on behalf of Richard Stapleton (Givens, Tamra) |
| Filing 17 ANSWER and affirmative defenses to #10 Amended Complaint by Kemper Sports Management, Inc., Stillwater Preserve Development, LLC.(Shaughnessy, Kevin) |
| Filing 16 MOTION to dismiss for failure to state a claim (with supporting memorandum of law) by Mosaic Company. (Attachments: #1 Exhibit 1 - Corporate Filings, #2 Exhibit 2 - Deed for Streamsong property, #3 Exhibit 3 - Affidavit of Keith Hanley)(Shaughnessy, Kevin) |
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Filing 15
ENDORSED ORDER that Plaintiff is directed to show cause by a written response filed on or before December 8, 2016 why this case should not be dismissed pursuant to Local Rule 3.10 for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by this Court's Track Designation Order. Failure to respond shall result in this action being dismissed without further notice. Signed by Judge Susan C Bucklew on 12/1/2016. (JMM)
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Filing 14
ENDORSED ORDER granting #13 Motion for Extension of Time to respond until 12/5/16. Signed by Judge Susan C Bucklew on 11/29/2016. (JD)
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| Filing 13 Unopposed MOTION for Extension of Time to File answer as to #10 Amended Complaint by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC. (Shaughnessy, Kevin) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified relief and text on 11/29/2016 (KMM). |
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Filing 12
ENDORSED ORDER granting #11 Motion for Extension of Time to File Response. Defendants are directed to respond to Plaintiff's Amended Complaint on or before November 28, 2016. Signed by Judge Susan C Bucklew on 11/22/2016. (JMM)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 Amended Complaint by Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC. (Shaughnessy, Kevin) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Penn Dodson, appearing on behalf of Richard Stapleton (Filing fee $150 receipt number TPA040321). (AG) |
| Filing 10 AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Kemper Sports Management, Inc., Mosaic Company, Stillwater Preserve Development, LLC filed by Richard Stapleton. (Attachments: #1 Exhibit A - Notice letter)(Smith, Sam) |
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Filing 9
ENDORSED ORDER for Penn A. Dodson to comply with the administrative procedures regarding electronic filing. The Court will terminate Penn A. Dodson from the docket sheet if she does not sign up for CM/ECF, enter an email address in her CM/ECF account, and electronically file a notice of compliance with this Court's Order by December 1, 2016. Additionally, the Clerk is directed to stop sending paper copies to Penn A. Dodson after sending this Order. Signed by Judge Susan C Bucklew on 11/1/2016. (JMM)
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Filing 8
ENDORSED ORDER granting #7 Motion to extend time. If Plaintiff has not filed its amended complaint by November 9, 2016, Defendants' response to Plaintiff's initial complaint is due November 10, 2016. Signed by Judge Susan C Bucklew on 10/28/2016. (JMM)
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| Filing 7 Unopposed MOTION to extend time to Respond to Plaintiff's Complaint by Kemper Sports Management, Inc., Mosaic Company. (Seegers, James) |
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Filing 6
ENDORSED ORDER granting #5 Motion to extend time. Defendants are directed to respond to Plaintiff's Complaint on or before October 28, 2016. Signed by Judge Susan C Bucklew on 10/25/2016. (JMM)
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| Filing 5 Unopposed MOTION to extend time to respond to Plaintiff's Complaint by Kemper Sports Management, Inc., Mosaic Company. (Shaughnessy, Kevin) Modified relief on 10/25/2016 (KMM). |
| Filing 4 NOTICE to counsel of Local Rule 2.02 (signed by deputy clerk). (KMM) |
| Filing 3 NOTICE of designation under Local Rule 3.05 - Track 3 (MSS) |
| Filing 2 COMPLAINT against Kemper Sports Management, Inc., Mosaic Company filed by Richard Stapleton. Filed in state court 8/11/2016.(CTR) |
| Filing 1 NOTICE OF REMOVAL from the 10th Judicial Circuit in and for Hardee County, Florida, case number 16-CA-321 filed in State Court on 8/11/2016. Filing fee $ 400, receipt number TPA039614 filed by Mosaic Company, Kemper Sports Management, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(CTR) |
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