Wellbest Industries, Ltd. v. Retail Consumer Science, LLC,et al
Plaintiff: Wellbest Industries, LTD, a Chinese limited company and Wellbest Industries, Ltd.
Defendant: Joe Weaver, Lindsey Brooks, Retail Consumer Science, LLC, a Washington limited liability company and Retail Consumer Science, LLC
Not Classified By Court: Peter J. Grilli and Jack Day
Case Number: 8:2018cv02914
Filed: November 29, 2018
Court: US District Court for the Middle District of Florida
Presiding Judge: Charlene Edwards Honeywell
Referring Judge: Kathryn Kimball Mizelle
2 Judge: Julie S Sneed
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2022 Filing 114 JUDGMENT in favor of Wellbest Industries, Ltd. against Retail Consumer Science, LLC, Joe Weaver, Lindsey Brooks. (Signed by Deputy Clerk) (CRK)
January 5, 2022 Opinion or Order Filing 113 ORDER adopting #112 Report and Recommendation in full on Plaintiff's #105, #106, and #108 motions for default judgment. The Clerk is directed to enter judgment as detailed in this order, to terminate any pending motions and deadlines, and to close this case. Signed by Judge Kathryn Kimball Mizelle on 1/5/2022. (EDB)
December 16, 2021 Filing 112 REPORT AND RECOMMENDATIONS re #105 MOTION for Default Judgment against Retail Consumer Science, LLC filed by Wellbest Industries, Ltd., #106 MOTION for Default Judgment against Lindsey Brooks filed by Wellbest Industries, Ltd., #108 MOTION for Default Judgment against Joe Weaver filed by Wellbest Industries, Ltd. Signed by Magistrate Judge Julie S. Sneed on December 16, 2021. (TLM)
December 3, 2021 Filing 111 PROOF of service by Wellbest Industries, Ltd. (Attachments: #1 Exhibit Motions)(Chapman, Robert)
November 29, 2021 Opinion or Order Filing 110 ORDER re Plaintiff's Motions for Default Final Judgment #105, #106, #107. Plaintiff shall serve a copy of this order and the Motions for Default Final Judgment on Defendants within five days. Signed by Magistrate Judge Julie S. Sneed on November 29, 2021. (TLM)
July 15, 2021 Opinion or Order Filing 109 ENDORSED ORDER: The Court removes this case from the July trial calendar. If it is necessary to do so, the Court will reschedule the trial date in this case after the pending motions are resolved. Signed by Judge Kathryn Kimball Mizelle on 7/15/2021. (AS)
June 16, 2021 Filing 108 MOTION for Default Judgment against Joe Weaver by Wellbest Industries, Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Default Final Judgment Against Defendant Joe Weaver)(Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 6/16/2021 (JLD).
June 15, 2021 Filing 107 MINUTE ENTRY for 6/15/2021 Pretrial Conference before Judge Kathryn K. Mizelle. Court Reporter: Bill Jones (GSO)
June 15, 2021 Filing 106 MOTION for Default Judgment against Lindsey Brooks by Wellbest Industries, Ltd. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Proposed Final Judgment)(Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 6/15/2021 (JLD).
June 15, 2021 Filing 105 MOTION for Default Judgment against Retail Consumer Science, LLC and Supporting Memorandum of Law by Wellbest Industries, Ltd. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Proposed Final Judgment)(Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 6/15/2021 (JLD).
June 15, 2021 Opinion or Order Filing 104 ENDORSED ORDER. Considering Plaintiff's response and filing of the motion for entry of default against Defendant Joe Weaver, the Court discharges its order to show cause (Doc. #98). Signed by Judge Kathryn Kimball Mizelle on 6/15/2021. (AS)
June 15, 2021 Filing 103 Clerk's ENTRY OF DEFAULT as to Joe Weaver. (JLD)
June 14, 2021 Filing 102 RESPONSE TO ORDER TO SHOW CAUSE re #98 Order to show cause filed by Wellbest Industries, Ltd. (Chapman, Robert) Modified text on 6/15/2021 (JLD).
June 14, 2021 Filing 101 MOTION for Clerk's Default against Joe Weaver and Supporting Memorandum of Law by Wellbest Industries, Ltd. (Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 6/15/2021 (JLD).
June 14, 2021 Filing 100 TRIAL CALENDAR for July 2021 trial term. Signed by Judge Kathryn K. Mizelle on 6/14/2021. (GSO)
June 14, 2021 Filing 99 NOTICE of hearing: Bench Trial scheduled for 7/26/2021 at 9:00 AM in Tampa Courtroom 13B before Judge Kathryn K. Mizelle. (GSO)
June 11, 2021 Opinion or Order Filing 98 ***Discharged per 104 Order.*** ORDER to show cause. Wellbest Industries, Ltd., is directed to show cause by filing a notice that explains why Defendant Joe Weaver should not be dismissed as a party to this action and why Wellbest Industries, Ltd., has not filed a motion for Weaver's default under Federal Rule of Civil Procedure 55 for his failure to plead or otherwise defend. Wellbest Industries, Ltd., must show cause by June 14, 2021. Failure to do so may result in Weaver being dismissed from this action without further notice. Signed by Judge Kathryn Kimball Mizelle on 6/11/2021. (AS) Modified text on 6/14/2021 (JLD). Modified on 6/15/2021 (JLD).
June 11, 2021 Opinion or Order Filing 97 ENDORSED ORDER. Considering Plaintiff's responses and filings, the Court discharges its orders to show cause. (Docs. #89 & #91). Signed by Judge Kathryn Kimball Mizelle on 6/11/2021. (AS)
June 11, 2021 Filing 96 Clerk's ENTRY OF DEFAULT as to Lindsey Brooks. (JLD)
June 10, 2021 Filing 95 TRIAL BRIEF by Wellbest Industries, Ltd. (Chapman, Robert) Modified text on 6/11/2021 (JLD).
June 10, 2021 Filing 94 MOTION for Clerk's Default against Lindsey Brooks and Supporting Memorandum of Law by Wellbest Industries, Ltd. (Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 6/10/2021 (JLD).
June 10, 2021 Filing 93 RESPONSE TO ORDER TO SHOW CAUSE re #91 Order to show cause filed by Wellbest Industries, Ltd. (Chapman, Robert) Modified text on 6/10/2021 (JLD).
June 10, 2021 Filing 92 RESPONSE TO ORDER TO SHOW CAUSE re #89 Order to show cause filed by Wellbest Industries, Ltd. (Chapman, Robert) Modified text on 6/10/2021 (JLD).
June 9, 2021 Opinion or Order Filing 91 ***DISCHARGED per 97 Order*** Considering Local Rule 3.10 and Federal Rule of Civil Procedure 16(f)(1)(C), Plaintiff Wellbest Industries, Ltd., is directed to file its trial brief and show cause by filing a notice that explains why the Court should not dismiss this case for the failure to obey the Court's scheduling order. Plaintiff must show cause and file its trial brief by June 10, 2021. Failure to do so may result in this case being dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 6/9/2021. (AS) Modified text on 6/14/2021 (JLD).
June 7, 2021 Opinion or Order Filing 90 ENDORSED ORDER. In the light of the pretrial conference scheduled for June 15, 2021, the Court issues the following reminders: (1) The deadline for trial briefs is June 8, 2021. See (Doc. #67 at 2). (2) In the light of the Clerk's Entry of Default as to Defendant Retail Consumer Science, LLC, (Doc. #83), the Court reminds Plaintiff's counsel of Local Rule 1.10(c) & (d). Failure to timely apply for default judgment could result in the dismissal of Defendant Retail Consumer Science, LLC. (3) A review of the record reveals that no attorney has appeared on behalf of Defendant Joe Weaver. The Court again strongly admonishes Mr. Weaver to obtain counsel for trial. (4) The Court puts the parties on notice that no motions to continue trial will be granted in this case. Signed by Judge Kathryn Kimball Mizelle on 6/7/2021. (AS)
June 7, 2021 Opinion or Order Filing 89 ***DISCHARGED per 97 Order*** Wellbest Industries, Ltd., is directed to show cause by filing a notice that explains why Defendant Lindsey Brooks should not be dismissed as a party to this action and why Wellbest Industries, Ltd., has not filed a motion for Brooks's default under Federal Rule of Civil Procedure 55 forher failure to plead or otherwise defend. Wellbest Industries, Ltd., must show cause by June 11, 2021. Failure to do so may result in Brooks being dismissed from this action without further notice. Signed by Judge Kathryn Kimball Mizelle on 6/7/2021. (AS) Modified TEXT on 6/14/2021 (JLD).
June 3, 2021 Opinion or Order Filing 88 ORDER dismissing Defendant Retail Consumer Science, LLC's (RCS) counterclaim, see (Doc. #27). Considering RCS's effective non-appearance in this case for the last six months due to a lack of representation, see Local Rule 2.02(b)(2), and RCS's failure to obtain counsel, respond to the Court's order to show cause (Doc. #85), and prosecute its counterclaim diligently, the Court dismisses RCS's counterclaim in this action. Signed by Judge Kathryn Kimball Mizelle on 6/3/2021. (AS)
May 25, 2021 Filing 87 MINUTE ENTRY for 5/25/2021 virtual status conference held before Judge Kathryn K. Mizelle. Court Reporter: Bill Jones (GSO)
May 25, 2021 Opinion or Order Filing 86 ENDORSED ORDER. In the light of the status conference held on May 25, 2021, the Court orders the following: (1) The Court hereby amends the Case Management and Scheduling Order (Doc. #67) and orders that this case will proceed as a bench trial due to the fact that no party has made a proper demand for a jury trial under Federal Rule of Civil Procedure 38(b); (2) the pretrial conference scheduled for June 15, 2021, will be conducted by Zoom. Instructions for accessing the Zoom conference will be sent separately; (3) the Clerk is directed to strike Attorney Geoffrey J. Bosmans, Esq. from the record in the light of Defendant Joe Weaver's representations that Mr. Bosmans is not representing him in this action. Signed by Judge Kathryn Kimball Mizelle on 5/25/2021. (AS)
May 25, 2021 Opinion or Order Filing 85 ORDER directing Retail Consumer Science, LLC. (RCS) to do the following by May 28, 2021: (1) obtain counsel to represent RCS in this case and (2) file a notice though counsel that explains why the Court should not dismiss RCS's counterclaim for the failure to prosecute it. Failure to obtain counsel and show cause in this manner will result in RCS's counterclaim being dismissed from this action without further notice. Signed by Judge Kathryn Kimball Mizelle on 5/25/2021. (AS)
May 21, 2021 Opinion or Order Filing 84 ENDORSED ORDER: In the light of Plaintiff's response to the Court's Order to Show Cause (Doc. #82) and its filing of a motion for Clerk's Default (Doc. #81), the Court hereby discharges its Order to Show Cause against Plaintiff (Doc. #78). Signed by Judge Kathryn Kimball Mizelle on 5/21/2021. (AS)
May 20, 2021 Filing 83 Clerk's ENTRY OF DEFAULT as to Retail Consumer Science, LLC. (JLD) Modified text on 5/20/2021 (JLD).
May 19, 2021 Filing 82 RESPONSE TO ORDER TO SHOW CAUSE re #78 Order to show cause filed by Wellbest Industries, Ltd. (Chapman, Robert) Modified text on 5/20/2021 (JLD).
May 19, 2021 Filing 81 MOTION for Clerk's Default against Retail Consumer Science, LLC and Supporting Memorandum of Law by Wellbest Industries, Ltd. (Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed. Modified text on 5/20/2021 (JLD).
May 6, 2021 Filing 80 NOTICE of hearing: Status Conference set for Tuesday, May 25, 2021, at 11:00 AM, EST, via Zoom before Judge Kathryn Kimball Mizelle. Instructions for accessing the Zoom conference will be sent separately. (AS)
May 6, 2021 Opinion or Order Filing 79 ENDORSED ORDER: Mr. Geoffrey J. Bosmans, Esq., the attorney for Defendant Joe Weaver, is directed to comply with Local Rule 2.01(a) governing Practice in the Middle District. By May 21, 2021, Attorney Bosmans must move for special admission in this action in the Middle District of Florida under Local Rule 2.01(c)--which includes complying with Local Rule 2.02(b)(G) and registering with the Middle District's CM/ECF system--and must file a notice of appearance with the Court. Failure to comply with this order may result in the Court striking Attorney Bosmans's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 5/6/2021. (AS)
May 6, 2021 Opinion or Order Filing 78 ***DISCHARGED PER 84 ORDER*** ORDER directing Wellbest Industries, Ltd., to show cause by filing a notice that explains why Defendant Retail Consumer Science, LLC, should not be dismissed as a party to this action for the failure to prosecute the case against it and why Wellbest Industries, Ltd., has not filed a motion for Retail Consumer Science, LLC's default under Federal Rule of Civil Procedure 55 for its failure to plead or otherwise defend. Wellbest Industries, Ltd., must show cause by May 19, 2021. Failure to do so may result in Retail Consumer Science, LLC, being dismissed from this action without further notice. Signed by Judge Kathryn Kimball Mizelle on 5/6/2021. (AS) Modified on 5/24/2021 (JLD).
May 6, 2021 Opinion or Order Filing 77 ORDER directing Defendant Lindsey Brooks to show cause by filing a notice that explains why sanctions should not be entered against her for her unexcused absence at mediation. Brooks must show cause by May 21, 2021. Failure to do so may result in the issuance of sanctions against Brooks without further notice. Signed by Judge Kathryn Kimball Mizelle on 5/6/2021. (AS)
April 27, 2021 Filing 76 MEDIATION report Hearing held on 04/20/2021. Hearing outcome: Impasse. (Chapman, Robert) Modified on 4/28/2021 (JLD).
April 13, 2021 Opinion or Order Filing 75 AMENDED MEDIATION ORDER. Mediation is set for April 20, 2021, at 12:00 p.m. Within seven days following the mediation conference, the Lead Counsel shall file a "Mediation Report." Signed by Judge Kathryn Kimball Mizelle on 4/13/2021. (AS)
April 9, 2021 Filing 74 NOTICE of mediation conference/hearing to be held on 04/20/2021 at 12:00 pm before Jack Day. (Chapman, Robert)
April 8, 2021 Opinion or Order Filing 73 ORDER scheduling mediation conference for April 22, 2021, at 9:00 a.m. Within seven (7) days following the mediation conference, the Lead Counsel shall file a "Mediation Report." Signed by Judge Kathryn Kimball Mizelle on 4/8/2021. (AS)
April 7, 2021 Filing 72 NOTICE of mediation conference/hearing to be held on 04/22/2021 9:00 am before Jack Day. (Chapman, Robert)
March 26, 2021 Opinion or Order Filing 71 ORDER referring Plaintiff Wellbest Industries, Ltd. and Defendants Lindsey Brooks and Joe Weaver to mediation. By April 7, 2021, Lead Counsel shall file a Notice of Mediator Selection and Scheduling. Mediation shall be conducted by April 23, 2021. Signed by Judge Kathryn Kimball Mizelle on 3/26/2021. (AS)
March 24, 2021 Filing 70 MEDIATION report hearing held on: No Mediation Occurred. Outcome: Impasse. (Chapman, Robert) Modified on 3/25/2021 to edit text (CRH).
March 18, 2021 Opinion or Order Filing 69 ENDORSED ORDER: Upon reviewing the docket, the Court finds that the parties' mediation deadline was March 5, 2021, (Doc. 67 at 2), and that the mediation report should have been filed within seven days of the conclusion of the mediation conference (Doc. 48 at 11). By March 23, 2021, the Court directs Lead Counsel Robert L. Chapman to file the parties' mediation report. Signed by Judge Kathryn Kimball Mizelle on 3/18/2021. (AS)
January 7, 2021 Filing 68 Case Reassigned to Judge Kathryn K. Mizelle. New case number: 8:18-cv-2914-T-210JSS. Judge Charlene Edwards Honeywell no longer assigned to the case. (JLD)
December 7, 2020 Opinion or Order Filing 67 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER Plaintiff's Motion for Sixty-Day Continuance of Case Management and Scheduling Order #64 is GRANTED. See Order for new scheduling deadlines. Signed by Judge Charlene Edwards Honeywell on 12/7/2020. (BGS)
December 7, 2020 Set/reset scheduling order deadlines: Dispositive motions due by 1/8/2021, Pretrial statement due by 5/18/2021, All other motions due by 5/25/2021, Final Pretrial Conference set for 6/15/2021 at 1:45 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 7/6/2021 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 3/5/2021. Lead counsel to coordinate dates. (BGS)
December 3, 2020 Opinion or Order Filing 66 ORDER granting #65 Defendants' Motion to Withdraw as Counsel. Attorney Michael J. Schlesinger is terminated. Signed by Magistrate Judge Julie S. Sneed on December 3, 2020. (TLM)
November 16, 2020 Filing 65 Unopposed MOTION for Michael Schlesinger of Schlesinger Law Group, P.A. to Withdraw as Attorney for Defendants by Lindsey Brooks, Retail Consumer Science, LLC. (Schlesinger, Michael) Motions referred to Magistrate Judge Julie S. Sneed.
November 16, 2020 Filing 64 Unopposed MOTION for Extension of Time to File Plaintiff's Motion for Sixty-Day Continuance of Case Management and Scheduling Order by Wellbest Industries, Ltd.. (Attachments: #1 Exhibit)(Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed.
November 9, 2020 Opinion or Order Filing 63 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(a) #62 Plaintiff's Motion For Sixty-Day Continuance of Case Management and Scheduling Order. The motion lacks a memorandum of legal authority in support of its request. Local R. M.D. Fla. 3.01(a). Further, the Court notes that Plaintiff's representation that Defendants' counsel did not respond to Plaintiff's good faith effort to resolve the issues raised in the motion prior to Plaintiff's filing of the motion later that day does not satisfy the good faith conferral requirement under the Local Rules. See Local R. M.D. Fla. 3.01(g) ("A certification to the effect that opposing counsel was unavailable for a conference before filing a motion is insufficient to satisfy the parties' obligation to confer. The moving party retains the duty to contact opposing counsel expeditiously after filing and to supplement the motion promptly with a statement certifying whether or to what extent the parties have resolved the issue(s) presented in the motion."). Signed by Judge Charlene Edwards Honeywell on 11/9/2020. (GLP)
November 6, 2020 Filing 62 MOTION to Continue Case Management and Scheduling Order by Wellbest Industries, Ltd.. (Attachments: #1 Exhibit, #2 Exhibit)(Chapman, Robert)
November 6, 2020 Filing 61 NOTICE by Wellbest Industries, Ltd. re #60 Notice of mediation conference/hearing Cancellation (Chapman, Robert)
October 14, 2020 Filing 60 NOTICE of mediation conference/hearing to be held on 11/9/2020 at 10:00 a.m. before Peter Grilli. (Chapman, Robert)
June 16, 2020 Opinion or Order Filing 59 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(a) #58 Defendant's Motion to Compel Defendant Weaver's Answer to Amended Complaint, or in the Alternative, Motion to Dismiss. The motion lacks a memorandum of legal authority in support of its requests for relief. Local R. M.D. Fla. 3.01(a). Signed by Judge Charlene Edwards Honeywell on 6/16/2020. (GLP)
June 16, 2020 Filing 58 First MOTION to Compel Defendant Weaver's Answer to Amended Complaint, or in the Alternative, Motion to Dismiss Complaint by Lindsey Brooks, Retail Consumer Science, LLC. (Attachments: #1 Exhibit Composite Exhibit A - email threads, #2 Exhibit Exhibit B - email thread, #3 Exhibit Exhibit C - email thread, #4 Exhibit Exhibit D - Notice of Deposition)(Schlesinger, Michael) Motions referred to Magistrate Judge Julie S. Sneed.
April 24, 2020 Opinion or Order Filing 57 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Defendants' Unopposed Motion for Ninety-Day Continuance of Case Management and Scheduling Order #56 is GRANTED. See Order for new scheduling deadlines. Signed by Judge Charlene Edwards Honeywell on 4/24/2020. (BGS)
April 24, 2020 Set/reset scheduling order deadlines: Discovery due by 10/9/2020, Dispositive motions due by 11/6/2020, Pretrial statement due by 2/16/2021, All other motions due by 2/23/2021, Final Pretrial Conference set for 3/16/2021 at 1:30 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 4/5/2021 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. (BGS)
April 20, 2020 Filing 56 Unopposed MOTION to Continue for Ninety Days Case Management and Scheduling Order by Lindsey Brooks, Retail Consumer Science, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Schlesinger, Michael) Motions referred to Magistrate Judge Julie S. Sneed.
January 7, 2020 Filing 55 NOTICE by Wellbest Industries, Ltd. re #50 Notice of mediation conference/hearing Cancellation (Chapman, Robert)
January 3, 2020 Filing 54 NOTICE of Appearance by Peter John Grilli on behalf of Peter J. Grilli (Grilli, Peter)
November 4, 2019 Opinion or Order Filing 53 ENDORSED ORDER granting #52 the Joint Motion for Extension of Time for Defendant, Joe Weaver, to Respond to Complaint. Joe Weaver must respond to #11 the Amended Complaint by December 16, 2019. Signed by Magistrate Judge Julie S. Sneed on 11/4/2019. (JAR)
November 1, 2019 Filing 52 Joint MOTION for Extension of Time to File Answer for Defendant Joe Weaver by Wellbest Industries, Ltd.. (Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed.
September 19, 2019 Opinion or Order Filing 51 ORDER denying #40 Counter-Plaintiff Retail Consumer Science, LLC's Motion to Strike Counter-Defendant's Amended Answer and Affirmative Defenses. Signed by Magistrate Judge Julie S. Sneed on 9/19/2019. (JAR)
September 9, 2019 Filing 50 NOTICE of mediation conference/hearing to be held on January 8, 2020, 10:00 a.m. - 5:00 p.m. before Peter J. Grilli. (Chapman, Robert)
September 4, 2019 Filing 49 WAIVER of service returned executed on 9/3/2019 by Wellbest Industries, Ltd. as to Joe Weaver. (Chapman, Robert)
August 26, 2019 Opinion or Order Filing 48 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/5/2020, Dispositive motions due by 7/10/2020, Pretrial statement due by 10/20/2020, All other motions due by 10/27/2020, Final Pretrial Conference set for 11/17/2020 at 1:45 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 12/7/2020 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 5/4/2020. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 8/26/2019. (BGS)
August 6, 2019 Filing 47 CASE MANAGEMENT REPORT. (Chapman, Robert)
August 5, 2019 Opinion or Order Filing 46 ORDER: 1. The Court will take no further action on the Order to Show Cause, (Doc. 39), and such Order is discharged. 2. The Motion for Extension of Time to Serve Defendant Joe Weaver, (Doc. 41), is GRANTED-IN-PART and DENIED-IN-PART. Plaintiff shall serve Defendant Weaver with a summons and a copy of the amended complaint within THIRTY (30) DAYS from the date of this Order. 3. The parties to this action shall confer for the purpose of preparing and filing with the Court a case management report. In preparing the case management report, the parties shall utilize the Case Management Report form included with the Related Case Order and Track Two Notice. (Doc. 3). The parties shall file the case management report within THIRTY (30) DAYS from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 8/5/2019. (BGS)
August 1, 2019 Filing 45 NOTICE of Appearance by Dale M. Dowden on behalf of Wellbest Industries, Ltd. (Dowden, Dale)
July 29, 2019 Filing 44 RESPONSE to Motion re #40 MOTION to Strike #38 Answer to Counterclaim filed by Wellbest Industries, Ltd.. (Chapman, Robert)
July 19, 2019 Opinion or Order Filing 43 ENDORSED ORDER granting #42 Plaintiff / Counter-Defendant Wellbest Industries, Ltd.'s Motion for Extension of Time to Respond to Counter-Plaintiff Retail Consumer Science, LLC's Motion to Strike Counter-Defendant's Amended Answer and Affirmative Defenses. Wellbest Industries, Ltd. may respond to #40 the motion by July 29, 2019. Signed by Magistrate Judge Julie S. Sneed on 7/19/2019. (JAR)
July 18, 2019 Filing 42 First MOTION for Extension of Time to File Response to Retail Consumer Science's Motion to Strike Counter-Defendants Amended Answer and Affirmative Defenses , First MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Strike #38 Answer to Counterclaim by Wellbest Industries, Ltd.. (Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed.
July 9, 2019 Filing 41 First MOTION to extend time to Serve Defendant Joe Weaver by Wellbest Industries, Ltd.. (Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed.
July 2, 2019 Filing 40 MOTION to Strike #38 Answer to Counterclaim by Retail Consumer Science, LLC. (Attachments: #1 Exhibit Exhibit A)(Schlesinger, Michael) Motions referred to Magistrate Judge Julie S. Sneed.
July 2, 2019 Opinion or Order Filing 39 ORDER TO SHOW CAUSE. Plaintiff is directed to show cause by a written response filed by July 9, 2019 indicating why the complaint against Defendant Joe Weaver should not be dismissed, without prejudice, for failure to effect service. Failure to respond will result in dismissal of Defendant Joe Weaver, without prejudice, without further notice. Signed by Judge Charlene Edwards Honeywell on 7/2/2019. (BGS)
June 28, 2019 Filing 38 Amended REPLY to #27 Counterclaim of Retail Consumer Science by Wellbest Industries, Ltd.. Related document: #27 Answer to amended complaintCounterclaim filed by Retail Consumer Science, LLC.(Chapman, Robert)
June 26, 2019 Opinion or Order Filing 37 ENDORSED ORDER granting #36 Wellbest Industries, Ltd.'s Unopposed Motion to Amend Affirmative Defenses to Retail Consumer Science, LLC's Counterclaim. Wellbest Industries, Ltd. shall file its Amended Affirmative Defenses as a separate docket entry within five days of the date of this Order. Signed by Judge Charlene Edwards Honeywell on 6/26/2019. (JJH)
June 25, 2019 Filing 36 First MOTION to Amend/Correct #35 Answer to Counterclaim and Affirmative Defenses by Wellbest Industries, Ltd.. (Attachments: #1 Exhibit Amended Answer and Affirmative Defenses, #2 Text of Proposed Order)(Chapman, Robert)
June 6, 2019 Filing 35 Wellbest Industries, LTD's REPLY to #27 Counterclaim of Retail Consumer Science by Wellbest Industries, Ltd.. Related document: #27 Answer to amended complaintCounterclaim filed by Retail Consumer Science, LLC.(Chapman, Robert)
June 5, 2019 Filing 34 Defendant, Lindsey Brooks' ANSWER and affirmative defenses to #11 Amended Complaint by Lindsey Brooks.(Schlesinger, Michael)
May 22, 2019 Opinion or Order Filing 33 ENDORSED ORDER denying as moot #21 Motion for Default Judgment against Lindsey Brooks. Signed by Judge Charlene Edwards Honeywell on 5/22/2019. (JJH)
May 22, 2019 Opinion or Order Filing 32 ORDER granting #24 Defendant, Lindsey Brooks' Motion to Set Aside Clerk's Default. The #20 Clerk's Entry of Default is set aside. Lindsey Brooks must respond to #11 the Amended Complaint by June 5, 2019. Signed by Magistrate Judge Julie S. Sneed on 5/22/2019. (JAR)
May 16, 2019 Opinion or Order Filing 31 ENDORSED ORDER granting #30 Wellbest's Industries, Ltd. Unopposed Motion for Extension of Time to Respond to Counterclaim. Signed by Judge Charlene Edwards Honeywell on 5/16/2019. (JJH)
May 16, 2019 Filing 30 First MOTION for Extension of Time to File Response to Counteclaim filed by Retail Consumer Science by Wellbest Industries, Ltd. (Attachments: #1 Proposed Order, #2 Proposed Order, #3 Cover Letter)(Chapman, Robert) Modified text on 5/16/2019 (JCG).
May 10, 2019 Filing 29 NOTICE of change of address by Robert L. Chapman (Chapman, Robert)
May 9, 2019 Opinion or Order Filing 28 ENDORSED ORDER directing Wellbest Industries, Ltd. to file a response to #24 Defendant, Lindsey Brooks' Motion to Set Aside Clerk's Default by May 20, 2019. Without a response in opposition, the Court may deem the motion unopposed. Signed by Magistrate Judge Julie S. Sneed on 5/9/2019. (JAR)
April 26, 2019 Filing 27 Defendant, Retail Consumer Science LLC's ANSWER and affirmative defenses to #11 Amended Complaint , COUNTERCLAIM against All Plaintiffs by Retail Consumer Science, LLC. (Attachments: #1 Exhibit A)(Schlesinger, Michael)
April 23, 2019 Opinion or Order Filing 26 ENDORSED ORDER granting #25 Defendant Retail Consumer Science, LLC's Motion for Extension of Time to File Response to #11 Amended Complaint. Response due by 4/26/2019. Signed by Judge Charlene Edwards Honeywell on 4/23/2019. (JJH)
April 22, 2019 Filing 25 MOTION for Extension of Time to File Response/Reply as to #11 Amended Complaint by Retail Consumer Science, LLC. (Attachments: #1 Exhibit Exhibit to Defendant's Motion for Extension of Time, #2 Text of Proposed Order Proposed Order)(Schlesinger, Michael) Motions referred to Magistrate Judge Julie S. Sneed.
April 16, 2019 Filing 24 MOTION to Set Aside Clerk's Default and Incorporated Memorandum of Law by Lindsey Brooks. (Attachments: #1 Affidavit Declaration of Lindsey Brooks)(Schlesinger, Michael)
April 4, 2019 Filing 23 SUMMONS returned unexecuted by Wellbest Industries, Ltd. as to Retail Consumer Science, LLC. (Chapman, Robert)
April 1, 2019 Filing 22 RETURN of service executed on March 21, 2019 by Wellbest Industries, Ltd. as to Retail Consumer Science, LLC. (Chapman, Robert)
February 28, 2019 Filing 21 First MOTION for default judgment against Lindsey Brooks by Wellbest Industries, Ltd.. (Attachments: #1 Affidavit Exhibit 1 - Declaration of Chia Hung Ching, #2 Exhibit Exhibit A Standard Terms and Conditions of Sale, #3 Exhibit Exhibit B - Invoices, #4 Exhibit Exhibit C - Demand Letter, #5 Text of Proposed Order)(Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed.
February 1, 2019 Filing 20 **SET ASIDE PURSUANT TO ORDER #32***Clerk's ENTRY OF DEFAULT as to Lindsey Brooks. (DG) Modified on 5/22/2019 (CTR).
January 31, 2019 Filing 19 AFFIDAVIT of Robert L. Chapman re: #18 First MOTION for entry of clerk's default against Lindsey Brooks by Wellbest Industries, Ltd. (Chapman, Robert) Modified on 2/1/2019 (DG).
January 31, 2019 Filing 18 First MOTION for entry of clerk's default against Lindsey Brooks by Wellbest Industries, Ltd. (Chapman, Robert) Motions referred to Magistrate Judge Julie S. Sneed. Modified on 2/1/2019 (DG).
January 9, 2019 Filing 17 RETURN of service executed on January 2, 2019 by Wellbest Industries, Ltd. as to Lindsey Brooks. (Chapman, Robert)
December 19, 2018 Filing 16 SUMMONS issued as to Lindsey Brooks, Retail Consumer Science, LLC, Joe Weaver. (CTR)
December 19, 2018 Filing 15 PROPOSED summons to be issued by Wellbest Industries, Ltd.. (Chapman, Robert)
December 18, 2018 Opinion or Order Filing 14 ORDER: The Court will take no further action on the Order to Show Cause #10 and it is discharged. Signed by Judge Charlene Edwards Honeywell on 12/18/2018. (BGS)
December 14, 2018 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Wellbest Industries, Ltd.. (Chapman, Robert)
December 14, 2018 Filing 12 RESPONSE TO ORDER TO SHOW CAUSE filed by Wellbest Industries, Ltd.. (Chapman, Robert)
December 14, 2018 Filing 11 AMENDED COMPLAINT against All Defendants filed by Wellbest Industries, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Chapman, Robert)
December 4, 2018 Opinion or Order Filing 10 ORDER TO SHOW CAUSE. Plaintiff is directed to SHOW CAUSE as to why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff shall file a written response with the Court within FOURTEEN (14) DAYS from the date of this Order. Additionally, Plaintiff may file an amended complaint within FOURTEEN (14) DAYS which cures the jurisdictional deficiencies noted herein. Failure to respond within the time provided will result in dismissal of this action without further notice. Signed by Judge Charlene Edwards Honeywell on 12/4/2018. (BGS)
December 3, 2018 Filing 9 SUMMONS issued as to Lindsey Brooks, Retail Consumer Science, LLC, Joe Weaver. (CTR)
December 3, 2018 Filing 8 PROPOSED summons to be issued by Wellbest Industries, Ltd.. (Chapman, Robert)
December 3, 2018 Filing 7 ***TERMINATED-DUPLICATE OF (5)***PROPOSED summons to be issued by Wellbest Industries, Ltd.. (Chapman, Robert) Modified on 12/3/2018 (CTR).
December 3, 2018 Filing 6 PROPOSED summons to be issued by Wellbest Industries, Ltd.. (Chapman, Robert)
December 3, 2018 Filing 5 PROPOSED summons to be issued by Wellbest Industries, Ltd.. (Chapman, Robert)
November 30, 2018 Opinion or Order Filing 4 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 12/14/2018. Signed by Judge Charlene Edwards Honeywell on 11/30/2018. (BGS)
November 30, 2018 Opinion or Order Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/14/2018. Signed by Judge Charlene Edwards Honeywell on 11/30/2018. (BGS)
November 30, 2018 Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Julie S. Sneed. New case number: 8:18-cv-2914-T-36JSS. (SJB)
November 29, 2018 Filing 1 COMPLAINT against Joe Weaver, Lindsey Brooks, Retail Consumer Science, LLC, (Filing fee $ 400 receipt number 113A-14873383) filed by Wellbest Industries, Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Chapman, Robert) Modified on 11/30/2018 (CTR).

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Search for this case: Wellbest Industries, Ltd. v. Retail Consumer Science, LLC,et al
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Defendant: Joe Weaver
Represented By: Geoffrey J. Bosmans
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Defendant: Lindsey Brooks
Represented By: Michael J. Schlesinger
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Defendant: Retail Consumer Science, LLC, a Washington limited liability company
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Defendant: Retail Consumer Science, LLC
Represented By: Michael J. Schlesinger
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Plaintiff: Wellbest Industries, LTD, a Chinese limited company
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Plaintiff: Wellbest Industries, Ltd.
Represented By: Robert L. Chapman
Represented By: Ali Vakili Mirghahari
Represented By: Dale M. Dowden
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Not classified by court: Peter J. Grilli
Represented By: Peter John Grilli
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Not classified by court: Jack Day
Represented By: Jack Day
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