Calton & Associates, Inc. et al v. Simmers, et al
Plaintiff: Derek J Calton, Rameshwar Singh, Loretta D Calton, George G. Harrington, Jr., Jill M Ciccati, Randall L Ciccati, Dwayne K Calton, Calton & Associates, Inc., Dwayne K. Calton, Derek J. Calton, Jill M. Ciccati, Randall L. Ciccati and Loretta D. Calton
Defendant: John Simmers, John Simmers as the Trustee of the Simmers Family Trust dated and Dwayne K. Calton as Trustee of the Dwayne K. Calton Trust UTA
Not Classified By Court: Peter Grilli
Case Number: 8:2020cv00851
Filed: April 13, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Christopher P Tuite
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 9, 2020 Opinion or Order Filing 29 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/11/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Bench Trial set for the April 2021 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 12/7/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 6/9/2020. (KAC)
June 5, 2020 Filing 28 RESPONSE in Opposition re #19 MOTION to Compel Arbitration and to Dismiss or, in the Alternative, Stay Case with Incorporated Memorandum of Law filed by Derek J. Calton, Dwayne K. Calton, Loretta D. Calton, Calton & Associates, Inc., Jill M. Ciccati, Randall L. Ciccati, George G. Harrington, Jr. (Persante, Robert)
June 5, 2020 Filing 27 CASE MANAGEMENT REPORT. (Persante, Robert)
June 5, 2020 Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by Derek J. Calton, Dwayne K. Calton, Loretta D. Calton, Calton & Associates, Inc., Jill M. Ciccati, Randall L. Ciccati, George G. Harrington, Jr. (Persante, Robert)
June 3, 2020 Filing 25 CERTIFICATE of interested persons and corporate disclosure statement re #6 Related case order and track 2 notice by John Simmers. (Johnson, John)
June 1, 2020 Opinion or Order Filing 24 ENDORSED ORDER denying without prejudice Plaintiffs' #2 Motion for Preliminary and Permanent Injunction for the reasons stated on the record at the June 1, 2020, status conference. Signed by Magistrate Judge Christopher P. Tuite on 6/1/2020. (MJP)
June 1, 2020 Filing 23 Minute Entry. Proceedings held before Magistrate Judge Christopher P. Tuite: STATUS CONFERENCE on plaintiffs' motion for preliminary and permandent injunction held on 6/1/2020. Court Reporter: Sharon A. Miller (DMS)
May 27, 2020 Filing 22 NOTICE OF ZOOM STATUS CONFERENCE re: #2 Motion for Preliminary and Permanent Injunction, set for 6/1/2020 at 11:00 AM in Tampa Courtroom 12B before Magistrate Judge Christopher P. Tuite. The Court intends to conduct this proceeding by video conference. Counsel will receive an e-mail invitation separately. (MJP)
May 26, 2020 Opinion or Order Filing 21 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 9, 2020, 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 5/26/2020. (DMD)
May 22, 2020 Filing 20 MEMORANDUM in opposition re #2 Motion for Preliminary InjunctionMotion for Permanent Injunction filed by John Simmers. (Burns, James)
May 22, 2020 Filing 19 MOTION to Compel Arbitration and to Dismiss or, in the Alternative, Stay Case with Incorporated Memorandum of Law by John Simmers. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Burns, James) Motions referred to Magistrate Judge Christopher P. Tuite.
May 22, 2020 Filing 18 NOTICE of Appearance by James Jeffrey Burns on behalf of John Simmers (Burns, James)
May 22, 2020 Filing 17 NOTICE of Appearance by John Eamon Johnson on behalf of John Simmers (Johnson, John)
May 20, 2020 Filing 16 NOTICE of pendency of related cases per Local Rule 1.04(d) by Derek J. Calton, Dwayne K. Calton, Loretta D. Calton, Calton & Associates, Inc., Jill M. Ciccati, Randall L. Ciccati, George G. Harrington, Jr.. Related case(s): yes (Persante, Robert)
May 20, 2020 Filing 15 NOTICE of compliance re 13 Order no pdf, #7 Order by Derek J. Calton, Dwayne K. Calton, Loretta D. Calton, Calton & Associates, Inc., Jill M. Ciccati, Randall L. Ciccati, George G. Harrington, Jr. (Attachments: #1 Affidavit in Support, #2 Appendix Index of Exhibits, #3 Exhibit A - 2012 Memorandum of Understanding, #4 Exhibit B - 2014 Stock Option Agreement, #5 Exhibit C - Proof of email service, #6 Exhibit D - Proof of mail service, #7 Exhibit E - Proof of regular mail service (Simmers), #8 Exhibit F - Proof of certified mail service (Simmers), #9 Exhibit G - Proof of regular mail service (Trustee), #10 Exhibit H - Proof of certified mail service (Trustee))(Persante, Robert)
May 19, 2020 Filing 14 NOTICE of compliance re 11 Order, 12 Order by Derek J. Calton, Dwayne K. Calton, Loretta D. Calton, Calton & Associates, Inc., Jill M. Ciccati, Randall L. Ciccati, George G. Harrington, Jr., Rameshwar Singh. (Attachments: #1 Exhibit A - E-filer registration for Darren M. Stotts, #2 Exhibit B - Attorney Admissions Ceremony Registration for Jade L. Turner, #3 Exhibit C - Payment for Attorney Admissions Ceremony for Jade L. Turner)(Persante, Robert)
May 18, 2020 Opinion or Order Filing 13 ENDORSED ORDER: Plaintiffs are directed to file a status report on their efforts to perfect service of process on Defendant by May 22, 2020. Signed by Judge Virginia M. Hernandez Covington on 5/18/2020. (DMD)
May 5, 2020 Opinion or Order Filing 12 ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Jade L. Turner is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why her appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until May 19, 2020, 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. Signed by Judge Virginia M. Hernandez Covington on 5/5/2020. (SKP)
May 5, 2020 Opinion or Order Filing 11 ENDORSED ORDER directing Darren M. Stotts to comply with the administrative procedures regarding electronic filing. It appears that counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by May 19, 2020. Signed by Judge Virginia M. Hernandez Covington on 5/5/2020. (SKP)
April 28, 2020 Filing 10 SUMMONS issued as to John Simmers and John Simmers as Trustee. (BES)
April 28, 2020 Filing 9 PROPOSED summons to be issued by Derek J. Calton, Dwayne K. Calton, Loretta D. Calton, Calton & Associates, Inc., Jill M. Ciccati, Randall L. Ciccati, George G. Harrington, Jr. (Persante, Robert)
April 28, 2020 Filing 8 PROPOSED summons to be issued by Derek J. Calton, Dwayne K. Calton, Loretta D. Calton, Calton & Associates, Inc., Jill M. Ciccati, Randall L. Ciccati, George G. Harrington, Jr. (Persante, Robert)
April 15, 2020 Opinion or Order Filing 7 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 4/15/2020. (SKP)
April 15, 2020 Opinion or Order Filing 6 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 4/15/2020. (SKP)
April 14, 2020 Filing 5 SUMMONS issued as to John Simmers. (MCB)
April 14, 2020 Opinion or Order Filing 4 ENDORSED ORDER REFERRING MOTION: The motion for preliminary and permanent injunction (Doc. #2) is hereby referred to the Honorable Christopher P. Tuite, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 4/14/2020. (DMD) Motions referred to Magistrate Judge Christopher P. Tuite.
April 14, 2020 Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:20-cv-851-T-33CPT. (SJB)
April 14, 2020 Filing 2 MOTION for Preliminary Injunction , MOTION for Permanent Injunction by All Plaintiffs. (Attachments: #1 Exhibit 1 - FINRA Demand for Arbitration and Statement of Claim, #2 Exhibit 2 - AAA Demand for Arbitration, #3 Exhibit 3 - Final AAA Arbitrators' Award, #4 Exhibit 4 - FINRA BrokerCheck for John Simmers)(Persante, Robert)
April 14, 2020 Filing 1 COMPLAINT for Declaratory Judgment and Injunctive Relief Sought against All Defendants (Filing fee $ 400 receipt number 113A-16699103) filed by Derek J. Calton, Loretta D. Calton, Jill M. Ciccati, Dwayne K. Calton, George G. Harrington, Jr., Calton & Associates, Inc., Randall L. Ciccati, Rameshwar Singh. (Attachments: #1 Exhibit 1 - FINRA Demand for Arbitration and Statement of Claim, #2 Civil Cover Sheet, #3 Proposed Summons John Simmers as Trustee of the Simmers Family Trust dated 9/18/92, #4 Proposed Summons John Simmers)(Persante, Robert) Modified text on 4/14/2020 (AG). Modified on 4/14/2020 (MCB).

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Defendant: John Simmers
Represented By: John Eamon Johnson
Represented By: James Jeffrey Burns
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Defendant: John Simmers as the Trustee of the Simmers Family Trust dated
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Defendant: Dwayne K. Calton as Trustee of the Dwayne K. Calton Trust UTA
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Plaintiff: Derek J Calton
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Plaintiff: Rameshwar Singh
Represented By: Robert Persante
Represented By: Zackary T. Zuroweste
Represented By: Jade L. Turner
Represented By: Darren Michael Stotts
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Plaintiff: Loretta D Calton
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Plaintiff: George G. Harrington, Jr.
Represented By: Robert Persante
Represented By: Zackary T. Zuroweste
Represented By: Jade L. Turner
Represented By: Darren Michael Stotts
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Plaintiff: Jill M Ciccati
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Plaintiff: Randall L Ciccati
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Plaintiff: Dwayne K Calton
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Plaintiff: Calton & Associates, Inc.
Represented By: Robert Persante
Represented By: Zackary T. Zuroweste
Represented By: Jade L. Turner
Represented By: Darren Michael Stotts
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Plaintiff: Dwayne K. Calton
Represented By: Robert Persante
Represented By: Zackary T. Zuroweste
Represented By: Jade L. Turner
Represented By: Darren Michael Stotts
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Plaintiff: Derek J. Calton
Represented By: Robert Persante
Represented By: Zackary T. Zuroweste
Represented By: Jade L. Turner
Represented By: Darren Michael Stotts
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Plaintiff: Jill M. Ciccati
Represented By: Robert Persante
Represented By: Zackary T. Zuroweste
Represented By: Jade L. Turner
Represented By: Darren Michael Stotts
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Plaintiff: Randall L. Ciccati
Represented By: Robert Persante
Represented By: Zackary T. Zuroweste
Represented By: Jade L. Turner
Represented By: Darren Michael Stotts
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Plaintiff: Loretta D. Calton
Represented By: Robert Persante
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Not classified by court: Peter Grilli
Represented By: Peter John Grilli
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