Accuform Manufacturing, Inc. v. National Marker Company et al
| Accuform Manufacturing, Inc. |
| Bradford Montgomery, Rebecca Longo, Peter Bloniarz, National Marker Company and John Donati |
| Peter J. Grilli |
| 8:2019cv02220 |
| September 5, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 53 CERTIFICATE of interested persons and corporate disclosure statement by Accuform Manufacturing, Inc.. (Solomon, Stanford) |
| Filing 52 CERTIFICATE of interested persons and corporate disclosure statement re #49 Case management and scheduling order by National Marker Company. (McCrea, Richard) |
Filing 51
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/25/2019. (TWL)
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| Filing 50 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 10/25/2019. Court Reporter: Linda Wolfe (TWL) |
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Filing 49
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/13/2020 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for September 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 4/27/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 10/25/2019. (MWS)
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| Filing 48 DECLARATION of Bradford Montgomery re #29 Memorandum in opposition by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(McCrea, Richard) |
| Filing 47 DECLARATION of Pete Bloniarz re #29 Memorandum in opposition by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (McCrea, Richard) |
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Filing 46
ENDORSED ORDER granting Defendants' Unopposed Motion to Reschedule Case Management Hearing or to Appear Telephonically (Doc. #45) in part. Defense Counsel may appear at the October 25, 2019, Case Management Hearing telephonically. Counsel is directed to call the reserved conference toll free number at 1-888-684-8852. The access code to enter the telephone conference is: 2564072 followed by the # (pound) key. Counsel will then be prompted to enter the participant security code, followed by the # (pound) key. This conference will be activated at 9:50 a.m. so the conference may start promptly at 10:00 a.m. Counsel should contact courtroom deputy, Tamecika Lee at Tamecika_lee@flmd.uscourts.gov for the participant security code. Counsel is advised to use a landline in a quiet environment during the hearing. Signed by Judge Virginia M. Hernandez Covington on 10/22/2019. (MWS)
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| Filing 45 Unopposed MOTION for miscellaneous relief, specifically to Reschedule Case Management Hearing or to Appear Telephonically by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (McCrea, Richard) |
| Filing 44 NOTICE of hearing: Case Management hearing set for 10/25/2019 at 10:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Absent compelling circumstances and leave of Court, Lead Counsel must appear in person at the Case Management Hearing. Lead Counsel must be prepared to discuss the claims and defenses as well as any unique aspects of the case with the Court. This hearing is an investment of the Court's time and presents an opportunity for Counsel to meet the judge presiding over their case as well as present any issues that should be called to the Court's attention. (TWL) |
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Filing 43
ENDORSED ORDER: the Clerk is directed to schedule this matter for a case management hearing on October 25, 2019, at 10:00 am. Signed by Judge Virginia M. Hernandez Covington on 10/21/2019. (Covington, Virginia)
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| Filing 42 CASE MANAGEMENT REPORT. (Solomon, Stanford) |
| Filing 41 DECLARATION of Rob Ogilbee re #4 MOTION for preliminary injunction and Memorandum of Law, #39 Order on Motion for Leave to File, Motion Hearing by Accuform Manufacturing, Inc. (Solomon, Stanford) |
| Filing 39 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: granting #35 Motion for Leave to File; MOTION HEARING held on 10/18/2019 re #4 MOTION for preliminary injunction and Memorandum of Law filed by Accuform Manufacturing, Inc., #35 MOTION for leave to file Supplemental Declaration in Reply to Declarations from the Individual Defendants filed by Accuform Manufacturing, Inc. Court Reporter: Bill Jones (MLJ) |
| Filing 38 MEMORANDUM in opposition re #35 Motion for Leave to file document filed by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (McCrea, Richard) |
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Filing 37
ORDER granting #34 Motion to allow electronic equipment. Counsel shall present a copy of this Order to security personnel upon entering the courthouse with such electronic equipment. All electronic equipment is subject to inspection at any time by courthouse security personnel. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 10/17/2019. (REE)
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| Filing 36 ANSWER and affirmative defenses to #1 Complaint by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company.(McCrea, Richard) |
| Filing 35 MOTION for leave to file Supplemental Declaration in Reply to Declarations from the Individual Defendants by Accuform Manufacturing, Inc. (Solomon, Stanford) |
| Filing 34 MOTION to allow electronic equipment, specifically one laptop, peripheral cables, one flash drive, and external battery for laptop by Accuform Manufacturing, Inc. (Solomon, Stanford) |
| Filing 33 DECLARATION of B. Montgomery re #29 Memorandum in opposition by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(McCrea, Richard) |
| Filing 32 DECLARATION of R. Longo re #29 Memorandum in opposition by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D)(McCrea, Richard) |
| Filing 31 DECLARATION of J. Donati re #29 Memorandum in opposition by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McCrea, Richard) |
| Filing 30 DECLARATION of P. Bloniarz re #29 Memorandum in opposition by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(McCrea, Richard) |
| Filing 29 MEMORANDUM in opposition re #4 Motion for preliminary injunction filed by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (McCrea, Richard) |
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Filing 28
ENDORSED ORDER granting Plaintiff's Motion for Reconsideration. (Doc. #24). The Court understands Plaintiff's concern that the Answer be filed before the preliminary injunction hearing. On that basis, the motion is due to be granted. Furthermore, Defendants have now agreed to file their responsive pleading by close of business on October 16, 2019. (Doc. #26). Accordingly, Defendants' response to the Complaint is now due by 5 p.m. on October 16, 2019. Signed by Judge Virginia M. Hernandez Covington on 10/4/2019. (MWS)
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| Filing 27 NOTICE of compliance re 21 Order on motion to appear pro hac vice by Accuform Manufacturing, Inc. (Solomon, Stanford) |
| Filing 26 RESPONSE to Motion re #24 MOTION for Reconsideration re 23 Order on motion for extension of time to answer filed by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (McCrea, Richard) |
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Filing 25
ENDORSED ORDER: If they wish to be heard, Defendants are directed to file a response to Plaintiff's Motion for Reconsideration (Doc. #24) by October 4, 2019, at 4:00 p.m. Signed by Judge Virginia M. Hernandez Covington on 10/3/2019. (MWS)
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| ***PRO HAC VICE FEES paid by attorney Kyle J. Jacob, appearing on behalf of Accuform Manufacturing, Inc. (Filing fee $150 receipt number TPA058401.) Related document: #18 MOTION for Kyle J. Jacob to appear pro hac vice. (TDC) |
| ***PRO HAC VICE FEES paid by attorney Matthew F. Prewitt, appearing on behalf of Accuform Manufacturing, Inc. (Filing fee $150 receipt number TPA058401.) Related document: #20 MOTION for Matthew F. Prewitt to appear pro hac vice. (TDC) |
| ***PRO HAC VICE FEES paid by attorney Lauren Novak, appearing on behalf of Accuform Manufacturing, Inc. (Filing fee $150 receipt number TPA058399.) Related document: #19 MOTION for Lauren S. Novak to appear pro hac vice. (TDC) |
| Filing 24 MOTION for Reconsideration re 23 Order on motion for extension of time to answer by Accuform Manufacturing, Inc. (Solomon, Stanford) |
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Filing 23
ENDORSED ORDER granting Defendants' Motion for Extension of Time to File Answer. (Doc. #22). While the Court understands that Plaintiff opposes the Motion, the Court finds that the requested extension is appropriate under the circumstances. Accordingly, responses to the Complaint are now due October 21, 2019. Signed by Judge Virginia M. Hernandez Covington on 9/30/2019. (MWS)
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| Filing 22 MOTION for Extension of Time to File Answer re #1 Complaint by Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (McCrea, Richard) |
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Filing 21
ENDORSED ORDER granting #18 motion to appear pro hac vice; granting #19 motion to appear pro hac vice; granting #20 motion to appear pro hac vice. Attorneys Matthew F. Prewitt, Lauren S. Novak, and Kyle J. Jacob may appear pro hac vice on behalf of Plaintiff, with Attorneys Stanford R. Solomon and Laura H. Howard 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 Anthony E. Porcelli on 9/27/2019. (REE)
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| Filing 20 MOTION for Matthew F. Prewitt to appear pro hac vice by Accuform Manufacturing, Inc. (Solomon, Stanford) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 19 MOTION for Lauren S. Novak to appear pro hac vice by Accuform Manufacturing, Inc. (Solomon, Stanford) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 18 MOTION for Kyle J. Jacob to appear pro hac vice by Accuform Manufacturing, Inc. (Solomon, Stanford) Motions referred to Magistrate Judge Anthony E. Porcelli. |
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Filing 17
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 21, 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 9/25/2019. (MWS)
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| Filing 16 NOTICE of Appearance by Tristan John Reiniers on behalf of Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (Reiniers, Tristan) |
| Filing 15 NOTICE of Appearance by Richard C. McCrea, Jr. on behalf of Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (McCrea, Richard) |
| Filing 14 NOTICE OF RESCHEDULING HEARING: The Motion hearing previously scheduled for 10/9/2019 is rescheduled. New scheduling date and time: Motion Hearing set for 10/18/2019 at 02:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. (REE) |
| Filing 13 RETURN of service executed on 09/14/19 by Accuform Manufacturing, Inc. as to John Donati. (Solomon, Stanford) |
| Filing 12 RETURN of service executed on 09/13/19 by Accuform Manufacturing, Inc. as to Peter Bloniarz. (Solomon, Stanford) |
| Filing 11 RETURN of service executed on 09/12/19 by Accuform Manufacturing, Inc. as to National Marker Company. (Solomon, Stanford) |
| Filing 10 RETURN of service executed on 09/11/19 by Accuform Manufacturing, Inc. as to Rebecca Longo. (Solomon, Stanford) |
| Filing 9 PROOF of service by Accuform Manufacturing, Inc. (Solomon, Stanford) |
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Filing 8
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 9/23/2019. (TWL)
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 9/23/2019. (TWL)
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Filing 6
ORDER Setting Hearing on Motion #4 MOTION for preliminary injunction and Memorandum of Law : Motion Hearing set for 10/9/2019 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Signed by Magistrate Judge Anthony E. Porcelli on 9/19/2019. (VIV)
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Filing 5
ORDER REFERRING MOTION: Plaintiff Accuform Manufacturing, Inc.'s Motion for Preliminary Injunction (Doc. # 4) is referred to the Honorable Anthony E. Porcelli, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B), for the issuance of a Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 9/10/2019. (MWS) Motions referred to Magistrate Judge Anthony E. Porcelli.
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| Filing 4 MOTION for preliminary injunction and Memorandum of Law by Accuform Manufacturing, Inc. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Solomon, Stanford) |
| Filing 3 SUMMONS issued as to Peter Bloniarz, John Donati, Rebecca Longo, Bradford Montgomery, National Marker Company. (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:19-cv-2220-T-33AEP. (SJB) |
| Filing 1 COMPLAINT (Verified) against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-15885027) filed by Accuform Manufacturing, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons National Marker Company, #3 Proposed Summons Bradford Montgomery, #4 Proposed Summons Peter Bloniarz, #5 Proposed Summons John Donati, #6 Proposed Summons Rebecca Longo, #7 Exhibit Index, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D)(Solomon, Stanford) |
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