Spencer v. Mazzaro's Italian Market, LLC et al
| Jiying Spencer |
| Does 1 through 10 and Mazzaro's Italian Market, LLC |
| Cary Singletary |
| 8:2018cv01910 |
| August 3, 2018 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Pasco |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Consumer Credit |
| 15 U.S.C. § 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2018. A more recent docket listing may be available from PACER.
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Filing 31
ORDER appointing Cary Singletary, Esq. as mediator in this action. The mediation conference is scheduled for November 9, 2018. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 9/25/2018. (KAK)
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| Filing 30 NOTICE of mediation conference/hearing to be held on 11/9/2018 before Cary Singletary. (Dicus, Aubrey) |
| Filing 29 NOTICE canceling Scheduling Conference hearing scheduled for 9/21/2019 at 9:00 AM. (TWL) |
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Filing 28
ENDORSED ORDER: The Court set a Case Management Hearing for September 21, 2018. (Doc. # 22 ). Thereafter, the parties jointly moved for a stay of the case. (Doc. #26 ). Among other representations, the parties indicate that they plan to engage in a formal mediation. The Court grants the Motion to the extent that it stays and administratively closes the case pending a formal mediation with the Court's chosen mediator, Peter Grilli, Esq. The parties are directed to mediate by November 15, 2018. The parties shall file a Notice of Mediation reflecting the date, time, and location of the mediation by September 25, 2018. The Court will reopen the case and re-schedule the Case Management Hearing if the parties reach an impasse at the mediation. Signed by Judge Virginia M. Hernandez Covington on 9/18/2018. (KAK)
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| Filing 27 Motion by Mazzaro's Italian Market, LLC of Request to Stop Electronic Notice and Request for Removal from the Master Mailing Matrix (Harris, Phillip) Modified event and text on 9/18/2018 (KMM). |
| Filing 26 Joint MOTION to stay by Mazzaro's Italian Market, LLC. (Dicus, Aubrey) |
| Filing 25 NOTICE of compliance re 11 Order directing compliance, 18 Order on motion to appear pro hac vice, 17 Order on motion to appear pro hac vice, 10 Order directing compliance NOTICE OF COMPLIANCE BY BRIAN K. HERRINGTON AND CHANT YEDALIAN CONCERNING PRO HAC VICE ADMISSION, RELATED PAYMENT OF FEES, SPECIAL ADMISSION ATTORNEY CERTIFICATION, AND REGISTRATION FOR CM/ECF ACCESS by Jiying Spencer (Yedalian, Chant) |
| Filing 24 MOTION for miscellaneous relief, specifically TO BE RELIEVED FROM, AND HAVE VACATED, LOCAL RULE 4.04(b)'s 90-DAY TIME LIMIT TO FILE CLASS CERTIFICATION MOTION by Jiying Spencer. (Yedalian, Chant) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case order and track 2 notice, #20 Case Management Report by Mazzaro's Italian Market, LLC. (Dicus, Aubrey) |
| Filing 22 NOTICE of hearing: Scheduling Conference set for 9/21/2018 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (TWL) |
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Filing 21
ENDORSED ORDER: The Clerk is directed to schedule this matter for a case management hearing on September 21, 2018, at 9:00 a.m. Signed by Judge Virginia M. Hernandez Covington on 9/14/2018. (Covington, Virginia)
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| Filing 20 CASE MANAGEMENT REPORT. (Dicus, Aubrey) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #1 Complaint by Jiying Spencer. (Yedalian, Chant) |
| ***PRO HAC VICE FEES paid Jiying Spencer (Filing fee $150 receipt number TPA052993.) Related document: #16 MOTION for Chant Yedalian to appear pro hac vice. (EA) |
| ***PRO HAC VICE FEES paid Jiying Spencer (Filing fee $150 receipt number TPA052992.) Related document: #15 MOTION for Brian Herrington to appear pro hac vice. (EA) |
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Filing 18
ENDORSED ORDER granting #16 motion to appear pro hac vice. Attorney Chant Yedalian may appear pro hac vice on behalf of Plaintiff, with Attorney Dewitt M. Lovelace designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 9/10/2018. (CKR)
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Filing 17
ENDORSED ORDER granting #15 motion to appear pro hac vice. Attorney Brian K. Herrington may appear pro hac vice on behalf of Plaintiff, with Attorney Dewitt M. Lovelace designated as local counsel pursuant to Local Rule 2.02(a). Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Sean P. Flynn on 9/10/2018. (CKR)
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| Filing 16 MOTION for Chant Yedalian to appear pro hac vice by Jiying Spencer. (Lovelace, Dewitt) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 15 MOTION for Brian Herrington to appear pro hac vice by Jiying Spencer. (Lovelace, Dewitt) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 14 NOTICE of Appearance by Caitlin Colleen Szematowicz on behalf of Mazzaro's Italian Market, LLC (Szematowicz, Caitlin) |
| Filing 13 NOTICE of pendency of related cases per Local Rule 1.04(d) by Mazzaro's Italian Market, LLC. Related case(s): No (Dicus, Aubrey) |
| Filing 12 Motion by Mazzaro's Italian Market, LLC for Substitution of Counsel (Dicus, Aubrey) Modified event and text on 9/10/2018 (KMM). |
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Filing 11
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Chant Yedalian is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until September 17, 2018, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel have not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by September 17, 2018. Signed by Judge Virginia M. Hernandez Covington on 9/5/2018. (SAO)
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Filing 10
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Brian K. Herrington is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until September 17, 2018, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel have not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by September 17, 2018. Signed by Judge Virginia M. Hernandez Covington on 9/5/2018. (SAO)
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| Filing 9 ANSWER and affirmative defenses to #1 Complaint by Mazzaro's Italian Market, LLC.(Harris, Phillip) |
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Filing 8
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 13, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 8/10/2018. (KAK)
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| Filing 7 NOTICE of pendency of related cases per Local Rule 1.04(d) by Jiying Spencer. Related case(s): No (Lovelace, Dewitt) |
| Filing 6 RETURN of service executed on 8/9/2018 by Jiying Spencer as to Mazzaro's Italian Market, LLC. (Lovelace, Dewitt) |
| Filing 5 *** Terminated- Counsel notified to re-file using the proper event Summons Returned Executed *** PROOF of service by Jiying Spencer (Lovelace, Dewitt) Modified text and NEF regenerated on 8/9/2018 (KMM). |
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Filing 4
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/8/2018. (TWL)
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/8/2018. (TWL)
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| Filing 2 SUMMONS issued as to Mazzaro's Italian Market, LLC.(KMM) |
| Filing 1 COMPLAINT against Does 1 through 10, Mazzaro's Italian Market, LLC with Jury Demand (Filing fee $ 400 receipt number TPA-052233) filed by Jiying Spencer. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(KMM) |
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