Omnipol, a.S. et al v. Multinational Defense Services, LCC et al
Plaintiff: Elmex Praha, a.S. and Omnipol, a.S.
Defendant: Angelo Saitta, Kirk Bristol, Multinational Defense Services, LCC, Bryan Siedel, James Brech, Christopher Worrell, Robert Para, Amy Strother and Lisa Saitta
Interested Party: United States of America and Gerard A. McHale, Jr., as Chapter 11 Trustee for Purple Shovel, LLC
Not Yet Classified: Peter J. Grilli
Case Number: 8:2019cv00794
Filed: April 3, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Thomas G Wilson
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2019 Filing 62 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: MOTION HEARING held on 7/12/2019 re #36 MOTION to Dismiss Complaint of Omnipol, a.S. filed by Multinational Defense Services, LCC, #12 MOTION to dismiss for failure to state a claim or, in the alternative, for more definite statement filed by Christopher Worrell, #53 First MOTION to extend time to August 31, 2019 To Obtain Service of Process on Defendant James Brech filed by Elmex Praha, a.S., Omnipol, a.S., #9 MOTION to dismiss for failure to state a claim filed by Angelo Saitta, Lisa Saitta. Court Reporter: Scott N. Gamertsfelder (TWL)
July 12, 2019 Opinion or Order Filing 61 ENDORSED ORDER: For the reasons stated on the record at the hearing conducted on July 12, 2019, the mandatory initial disclosures deadline is extended until August 9, 2019. Signed by Judge Virginia M. Hernandez Covington on 7/12/2019. (DLB)
July 12, 2019 Opinion or Order Filing 60 ENDORSED ORDER: For the reasons stated on the record at the hearing conducted on July 12, 2019, Plaintiffs Omnipol, a.S. and Elmex Praha, a.S.'s First Motion to Extend Time to August 31, 2019 to Obtain Service of Process on Defendant James Brech (Doc. #53) is granted in part and denied in part. The deadline to effect service of process on Defendant James Brech is extended until August 9, 2019. Signed by Judge Virginia M. Hernandez Covington on 7/12/2019. (DLB)
July 12, 2019 Opinion or Order Filing 59 ENDORSED ORDER: For the reasons stated on the record at the hearing conducted on July 12, 2019, Defendants Angelo Saitta, Lisa Saitta, Christopher Worrell, and Multinational Defense Services, LCC's Motions to Dismiss (Doc. #9, #12, #36) are granted in part and denied in part. The Motions are denied to the extent they argue the Complaint is a shotgun pleading or fails to name an indispensable party. However, the Motions are granted to the extent they argue the Complaint fails to comply with Federal Rule of Civil Procedure 9(b) and fails to state a claim under Federal Rule of Civil Procedure 12(b)(6). The Complaint (Doc. #1) is dismissed without prejudice. Plaintiffs Omnipol, a.S. and Elmex Praha, a.S. are authorized to file an amended complaint by July 26, 2019.Signed by Judge Virginia M. Hernandez Covington on 7/12/2019. (DLB)
July 10, 2019 Filing 58 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Motion hearing hearing previously scheduled for 7/12/2019 at 11:00 AM is rescheduled. New hearing time: Motion Hearing set for 7/12/2019 at 8:30 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (TWL)
July 5, 2019 Opinion or Order Filing 57 ENDORSED ORDER denying as moot #49 Motion to extend time. Signed by Judge Virginia M. Hernandez Covington on 7/5/2019. (Covington, Virginia)
July 3, 2019 Filing 56 SUMMONS returned executed by Elmex Praha, a.S., Omnipol, a.S. United States of America (US Attorney's Office Tampa) served on 7/2/2019, answer due 9/3/2019. (LePierre, Dallas) Modified on 7/5/2019 (BES).
July 3, 2019 Filing 55 SUMMONS returned executed by Elmex Praha, a.S., Omnipol, a.S. United States of America (attorney general) served on 7/1/2019, answer due 8/30/2019. (LePierre, Dallas) Modified on 7/5/2019 (BES).
July 2, 2019 Filing 54 RETURN of service executed on June 29, 2019 by Elmex Praha, a.S., Omnipol, a.S. as to Robert Para. (LePierre, Dallas)
July 2, 2019 Filing 53 First MOTION to extend time to August 31, 2019 To Obtain Service of Process on Defendant James Brech by Elmex Praha, a.S., Omnipol, a.S. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(LePierre, Dallas)
July 2, 2019 Opinion or Order Filing 52 ENDORSED ORDER denying #48 Motion to stay discovery. The Court has an independent obligation to timely resolve cases and move them forward to conclusion. Signed by Judge Virginia M. Hernandez Covington on 7/2/2019. (Covington, Virginia)
July 2, 2019 Filing 51 RETURN of service executed on 7/1/19 by Elmex Praha, a.S., Omnipol, a.S. as to Kirk Bristol. (LePierre, Dallas)
July 2, 2019 Filing 50 RETURN of service executed on 6/27/19 by Elmex Praha, a.S., Omnipol, a.S. as to Bryan Siedel. (LePierre, Dallas)
July 1, 2019 Filing 49 First MOTION to extend time to September 30, 2019 To Obtain Service Of Process On Defendant Kirk Bristol by Elmex Praha, a.S., Omnipol, a.S. (Attachments: #1 Text of Proposed Order)(LePierre, Dallas)
June 28, 2019 Filing 48 Joint MOTION to stay discovery pending the resolution of defendants' motions to dismiss by Elmex Praha, a.S., Omnipol, a.S.. (Attachments: #1 Text of Proposed Order)(LePierre, Dallas) Motions referred to Magistrate Judge Thomas G. Wilson.
June 28, 2019 Filing 47 NOTICE of hearing on motion re #9 MOTION to dismiss for failure to state a claim , #12 MOTION to dismiss for failure to state a claim or, in the alternative, for more definite statement, #36 MOTION to Dismiss Complaint of Omnipol, a.S.. Motion Hearing set for 7/12/2019 at 11:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. (TWL)
June 28, 2019 Opinion or Order Filing 46 ENDORSED ORDER: The Clerk is directed to schedule oral argument on all pending motions for July 12, 2019. Signed by Judge Virginia M. Hernandez Covington on 6/28/2019. (Covington, Virginia)
June 26, 2019 Filing 45 SUMMONS issued as to James Brech, Robert Para, Bryan Siedel. (BES)
June 25, 2019 Filing 44 PROPOSED summons to be issued by Elmex Praha, a.S., Omnipol, a.S. (LePierre, Dallas)
June 21, 2019 Opinion or Order Filing 43 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 5/14/2020 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for June 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 9/27/2019. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 6/21/2019. (DLB)
June 19, 2019 ***PRO HAC VICE FEES paid by attorney Mario B. Williams (Filing fee $150 receipt number TPA057029.) Related document: #40 MOTION for Mario Williams to appear pro hac vice. (ARC)
June 17, 2019 Filing 42 CASE MANAGEMENT REPORT. (LePierre, Dallas)
June 11, 2019 Opinion or Order Filing 41 ORDER granting #40 plaintiff's Motion for Mario B. Williams to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 6/11/2019. (DMS)
June 10, 2019 Filing 40 MOTION for Mario Williams to appear pro hac vice by Elmex Praha, a.S., Omnipol, a.S. (Attachments: #1 Text of Proposed Order)(LePierre, Dallas) Motions referred to Magistrate Judge Thomas G. Wilson.
June 10, 2019 Filing 39 RESPONSE in Opposition re #36 MOTION to Dismiss Complaint of Omnipol, a.S., #12 MOTION to dismiss for failure to state a claim or, in the alternative, for more definite statement, #9 MOTION to dismiss for failure to state a claim filed by Elmex Praha, a.S., Omnipol, a.S. (LePierre, Dallas)
June 3, 2019 Opinion or Order Filing 38 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 17, 2019, 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 6/3/2019. (DLB)
June 3, 2019 Opinion or Order Filing 37 ORDER: Plaintiffs Omnipol, a.S. and Elmex Praha, a.S.'s Motion to Stay Case (Doc. #10) is DENIED. Omnipol and Elmex's Motion for Status Conference (Doc. #33) is DENIED AS MOOT. Signed by Judge Virginia M. Hernandez Covington on 6/3/2019. (DLB)
May 28, 2019 Filing 36 MOTION to Dismiss Complaint of Omnipol, a.S. by Multinational Defense Services, LCC. (Staine, Christopher)
May 28, 2019 Filing 35 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Multinational Defense Services, LCC. Related case(s): no (Staine, Christopher) Modified on 5/29/2019 (BES).
May 28, 2019 Filing 34 CERTIFICATE of interested persons and corporate disclosure statement by Multinational Defense Services, LCC identifying Corporate Parent OCR Global, Inc. for Multinational Defense Services, LCC. (Staine, Christopher)
May 23, 2019 Filing 33 MOTION for miscellaneous relief, specifically Status Conference by Elmex Praha, a.S., Omnipol, a.S. (Attachments: #1 Text of Proposed Order)(LePierre, Dallas)
May 23, 2019 Filing 32 RESPONSE re 29 Order to Show Cause by Elmex Praha, a.S., Omnipol, a.S. (LePierre, Dallas)
May 20, 2019 Filing 31 NOTICE by United States of America re #26 Status report, 29 Order (Emden, Christopher)
May 20, 2019 Filing 30 RESPONSE in Opposition re #10 MOTION to stay re #7 Suggestion of Bankruptcy filed by Angelo Saitta, Lisa Saitta. (Huffman, Craig)
May 20, 2019 Opinion or Order Filing 29 ENDORSED ORDER: On May 16, 2019, the plaintiffs filed a status report stating defendant Amy Strother was served on April 25, 2019. (Doc. #26 at 4). Therefore, according to the plaintiffs, "Strother's answer was due 14 days later, May 9, 2019; however, no counsel has appeared on her behalf and no answer to the Complaint was timely filed," so "Strother's default is pending." (Id.). Under the Federal Rules of Civil Procedure, answers to complaints are due within 21 days of service, not 14 days. Fed. R. Civ. P. 12(a)(1)(A)(i). Thus, Strother's answer was due by May 16, 2019. Additionally, despite the plaintiffs' contention that "Strother's default is pending," a review of the docket reveals that the plaintiffs have not applied to the Clerk for entry of default pursuant to Local Rule 1.07(b). Accordingly, the plaintiffs are directed to show cause by May 23, 2019, why Strother should not be dismissed as a party to this action for failure to prosecute pursuant to Local Rule 3.10(a). Signed by Judge Virginia M. Hernandez Covington on 5/20/2019. (DLB)
May 20, 2019 Opinion or Order Filing 28 ENDORSED ORDER: The plaintiffs request until June 10, 2019, to respond to defendants Angelo and Lisa Saitta and Christopher Worrell's motions to dismiss. (Doc. #27). The Saittas and Worrell consent to this request, but defendant Multinational Defense Services, LLC's "consent was conditional and asked for a 14-day extension from the date of Plaintiffs' response to respond to the Complaint." (Id. at 2). The parties must move for any extensions of time they desire; informal agreements between the parties do not alter the deadlines set by this Court. If Multinational seeks an extension of time, it must file a motion with the Court, rather than request an informal condition from the plaintiffs. The Court notes that Multinational has already received a two week extension of time to respond to the complaint, and the Court sees no reason at this juncture to provide Multinational with any additional extensions of time. To the extent Multinational's conditional consent is an objection to the plaintiffs' request, the Court nonetheless finds it appropriate under the circumstances to grant the plaintiffs' motion. The plaintiffs' responses to the motions to dismiss (Doc. # #9, #12) are due by June 10, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/20/2019. (DLB)
May 16, 2019 Filing 27 Consent MOTION for Extension of Time to File Response/Reply as to #12 MOTION to dismiss for failure to state a claim or, in the alternative, for more definite statement, #9 MOTION to dismiss for failure to state a claim by Elmex Praha, a.S., Omnipol, a.S. (Attachments: #1 Text of Proposed Order)(LePierre, Dallas)
May 16, 2019 Filing 26 STATUS report as to Plaintiffs' Efforts To Serve Defendants by Elmex Praha, a.S., Omnipol, a.S. (LePierre, Dallas)
May 15, 2019 Filing 25 SUMMONS returned unexecuted by Elmex Praha, a.S., Omnipol, a.S. as to Kirk Bristol. (LePierre, Dallas)
May 15, 2019 Filing 24 RETURN of service executed on 04/25/2019 by Elmex Praha, a.S., Omnipol, a.S. as to Amy Strother. (LePierre, Dallas)
May 15, 2019 Filing 23 RETURN of service executed on 04/15/2019 by Elmex Praha, a.S., Omnipol, a.S. as to Lisa Saitta. (LePierre, Dallas)
May 15, 2019 Filing 22 RETURN of service executed on 04/15/2019 by Elmex Praha, a.S., Omnipol, a.S. as to Angelo Saitta. (LePierre, Dallas)
May 15, 2019 Filing 21 SUMMONS returned unexecuted by Elmex Praha, a.S., Omnipol, a.S. as to Bryan Siedel. (LePierre, Dallas)
May 15, 2019 Filing 20 SUMMONS returned unexecuted by Elmex Praha, a.S., Omnipol, a.S. as to Robert Para. (LePierre, Dallas)
May 15, 2019 Filing 19 SUMMONS returned unexecuted by Elmex Praha, a.S., Omnipol, a.S. as to James Brech. (LePierre, Dallas)
May 15, 2019 Filing 18 RETURN of service executed on 04/23/2019 by Elmex Praha, a.S., Omnipol, a.S. as to Multinational Defense Services, LCC. (LePierre, Dallas)
May 15, 2019 Filing 17 RETURN of service executed on 04/22/2019 by Elmex Praha, a.S., Omnipol, a.S. as to Christopher Worrell. (LePierre, Dallas)
May 14, 2019 Opinion or Order Filing 16 ENDORSED ORDER granting Defendant Multinational Defense Services, LLC's Agreed Motion for Enlargement of Time. (Doc. #15). Multinational's answer to the complaint is due by May 28, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/14/2019. (DLB)
May 14, 2019 Filing 15 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Multinational Defense Services, LCC. (Staine, Christopher)
May 14, 2019 Filing 14 NOTICE of Appearance by Christopher Allen Staine on behalf of Multinational Defense Services, LCC (Staine, Christopher)
May 13, 2019 Filing 13 NOTICE of Appearance by Brian Calciano on behalf of Christopher Worrell (Calciano, Brian)
May 13, 2019 Filing 12 MOTION to dismiss for failure to state a claim or, in the alternative, for more definite statement by Christopher Worrell. (Calciano, Brian)
May 13, 2019 Opinion or Order Filing 11 ENDORSED ORDER: On April 3, 2019, the complaint in this matter was filed (Doc. #1) and the summonses were duly issued the next day. (Doc. #3). As described in the Court's order of April 4, 2019, the plaintiffs have 90 days from the date of the filing of the complaint to perfect service. (Doc. #5). Two defendants, Angelo and Lisa Saitta, have filed a motion to dismiss (Doc. #9), but the remaining defendants have not yet made an appearance. Because the plaintiffs have not yet filed the returns of service or proof of waiver as required under the Court's order, it is unclear which defendants have been served. Accordingly, the plaintiffs are directed to provide a status report to the Court by May 16, 2019, as to their efforts to serve the remaining defendants. Signed by Judge Virginia M. Hernandez Covington on 5/13/2019. (DLB)
May 10, 2019 Filing 10 MOTION to stay re #7 Suggestion of Bankruptcy by Elmex Praha, a.S., Omnipol, a.S. (Attachments: #1 Text of Proposed Order)(LePierre, Dallas)
May 6, 2019 Filing 9 MOTION to dismiss for failure to state a claim by Angelo Saitta, Lisa Saitta. (Huffman, Craig)
May 2, 2019 Filing 8 NOTICE of Appearance by Craig A. Huffman on behalf of Angelo Saitta, Lisa Saitta (Huffman, Craig)
April 30, 2019 Filing 7 SUGGESTION of Bankruptcy by Gerard A. McHale, Jr., as Chapter 11 Trustee for Purple Shovel, LLC. (Markham, Michael)
April 18, 2019 Filing 6 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Elmex Praha, a.S., Omnipol, a.S. Related case(s): No (LePierre, Dallas)
April 4, 2019 Opinion or Order Filing 5 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 4/4/2019. (TWL)
April 4, 2019 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 4/4/2019. (TWL)
April 4, 2019 Filing 3 SUMMONS issued as to James Brech, Kirk Bristol, Multinational Defense Services, LCC, Robert Para, Angelo Saitta, Lisa Saitta, Bryan Siedel, Amy Strother, Christopher Worrell. (BES)
April 3, 2019 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-794-T-33TGW. (SJB)
April 3, 2019 Filing 1 COMPLAINT against James Brech, Kirk Bristol, Multinational Defense Services, LCC, Robert Para, Angelo Saitta, Lisa Saitta, Bryan Siedel, Amy Strother, Christopher Worrell with Jury Demand (Filing fee $ 400 receipt number 113A-15312165) filed by Elmex Praha, a.S., Omnipol, a.S.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(LePierre, Dallas)

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Search for this case: Omnipol, a.S. et al v. Multinational Defense Services, LCC et al
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Defendant: Angelo Saitta
Represented By: Craig A. Huffman
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Defendant: Kirk Bristol
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Defendant: Multinational Defense Services, LCC
Represented By: Christopher Allen Staine
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Defendant: Bryan Siedel
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Defendant: James Brech
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Defendant: Christopher Worrell
Represented By: Brian K. Calciano
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Defendant: Robert Para
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Defendant: Amy Strother
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Defendant: Lisa Saitta
Represented By: Craig A. Huffman
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Plaintiff: Elmex Praha, a.S.
Represented By: Dallas S. LePierre
Represented By: Mario B. Williams
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Plaintiff: Omnipol, a.S.
Represented By: Dallas S. LePierre
Represented By: Mario B. Williams
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Interested party: United States of America
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Interested party: Gerard A. McHale, Jr., as Chapter 11 Trustee for Purple Shovel, LLC
Represented By: Michael C. Markham
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Not yet classified: Peter J. Grilli
Represented By: Peter John Grilli
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