Pro*Act, LLC et al v. Weyand Food Distributors, Inc. et al
Plaintiff: Pro*Act LLC, Custom Pak, Inc. and Ruby Robinson Company, LLC
Defendant: KATHRYN E McPHILLIPS, MARY ANNE LYLE, RICHARD ANDREW WEYAND, WEYAND FOOD DISTRIBUTORS, INC., Kathryn E. McPhillips, Weyland Food Distributors, Inc. and Richard Andrew Weyland
Not Classified By Court: Peter J. Grilli
Case Number: 8:2020cv01116
Filed: May 13, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Sean P Flynn
Nature of Suit: Agriculture Acts
Cause of Action: 07 U.S.C. § 0499
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 30, 2020 Opinion or Order Filing 19 ENDORSED ORDER: On June 24, 2020, the parties filed their case management report requesting a settlement conference before United States Magistrate Judge Sean P. Flynn. (Doc. #15). Accordingly, the parties are directed to contact Judge Flynn's chambers to coordinate a convenient time to hold the settlement conference prior to December 1, 2020. Signed by Judge Virginia M. Hernandez Covington on 6/30/2020. (MWS)
June 25, 2020 Opinion or Order Filing 18 ORDER regarding motions for summary judgment. Signed by Judge Virginia M. Hernandez Covington on 6/25/2020. (MWS)
June 25, 2020 Opinion or Order Filing 17 ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #16), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 6/25/2020. (MWS)
June 25, 2020 Opinion or Order Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 6/17/2021 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Bench Trial set for July 2021 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 2/24/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 6/25/2020. (MWS)
June 24, 2020 Filing 15 CASE MANAGEMENT REPORT. (Barmat, Marc)
June 24, 2020 Filing 14 CORPORATE Disclosure Statement by Mary Anne Lyle, Kathryn E. McPhillips, Richard Andrew Weyland, Weyland Food Distributors, Inc. (Whittemore, Donald)
June 24, 2020 Filing 13 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Mary Anne Lyle, Kathryn E. McPhillips, Richard Andrew Weyland, Weyland Food Distributors, Inc. Related case(s): no (Whittemore, Donald)
June 11, 2020 Filing 12 ANSWER and affirmative defenses to #1 Complaint by Weyand Food Distributors, Inc., Richard A. Weyand, Kathryn McPhillips and Mary Anne Lyle by Weyland Food Distributors, Inc.(Whittemore, Donald)
June 11, 2020 Filing 11 CERTIFICATE of service by Custom Pak, Inc., ProAct LLC, Ruby Robinson Company, LLC re #4 Related case order and track 2 notice . (Barmat, Marc)
June 10, 2020 Filing 10 ***TERMINATED; contacted counsel to refile; missing signature.*** ANSWER and affirmative defenses to Complaint by Weyand Food Distributors, Inc., Richard A. Weyand, Kathryn McPhillips, and Mary Anne Lyle by Weyland Food Distributors, Inc.(Whittemore, Donald) Modified text on 6/11/2020 (LNR).
June 8, 2020 Filing 9 RETURN of service executed on May 30, 2020 by ProAct LLC, Ruby Robinson Company, LLC, Custom Pak, Inc. as to Mary Anne Lyle. (Barmat, Marc)
May 29, 2020 Opinion or Order Filing 8 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 24, 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 5/29/2020. (MWS)
May 28, 2020 Filing 7 NOTICE of pendency of related cases per Local Rule 1.04(d) by Custom Pak, Inc., ProAct LLC, Ruby Robinson Company, LLC. Related case(s): No (Barmat, Marc)
May 28, 2020 Filing 6 RETURN of service executed on May 20, 2020 by ProAct LLC, Ruby Robinson Company, LLC, Custom Pak, Inc. as to Kathryn E. McPhillips, Richard Andrew Weyland, Weyland Food Distributors, Inc. (Barmat, Marc)
May 19, 2020 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 5/19/2020. (SKP)
May 19, 2020 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 5/19/2020. (SKP)
May 14, 2020 Filing 3 SUMMONS issued as to Mary Anne Lyle, Kathryn E. McPhillips, Richard Andrew Weyland, Weyland Food Distributors, Inc. (TDC)
May 14, 2020 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-1116-T-33SPF. (SJB)
May 13, 2020 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-16809220) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Weyand Food Distributors, Inc., #3 Proposed Summons Richard Andrew Weyand, #4 Proposed Summons Kathryn E McPhillips, #5 Proposed Summons Mary Anne Lyle)(Barmat, Marc) Modified on 5/14/2020 (TDC).

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Search for this case: Pro*Act, LLC et al v. Weyand Food Distributors, Inc. et al
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Defendant: KATHRYN E McPHILLIPS
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Defendant: MARY ANNE LYLE
Represented By: Donald H. Whittemore
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Defendant: RICHARD ANDREW WEYAND
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Defendant: WEYAND FOOD DISTRIBUTORS, INC.
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Defendant: Kathryn E. McPhillips
Represented By: Donald H. Whittemore
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Defendant: Weyland Food Distributors, Inc.
Represented By: Donald H. Whittemore
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Defendant: Richard Andrew Weyland
Represented By: Donald H. Whittemore
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Plaintiff: Pro*Act LLC
Represented By: Marc P. Barmat
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Plaintiff: Custom Pak, Inc.
Represented By: Marc P. Barmat
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Plaintiff: Ruby Robinson Company, LLC
Represented By: Marc P. Barmat
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Not classified by court: Peter J. Grilli
Represented By: Peter John Grilli
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