Sewalk et al v. Valpak Direct Marketing Systems, LLC
| Stephen Sewalk and SMS Business Entities, Inc. |
| Valpak Direct Marketing Systems, LLC |
| 8:2022cv00168 |
| January 20, 2022 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 RESPONSE in Opposition re #30 MOTION to Reopen Case Due to Extortion in Procuring Settlement Agreement and Request for Sanctions Against Defendant and Its Counsel Pursuant to Court's Inherent Powers MOTION for Sanctions filed by Eric Goldberg. (Attachments: #1 Exhibit A)(Keller, D.) |
| Filing 33 RESPONSE in Opposition re #30 MOTION to Reopen Case Due to Extortion in Procuring Settlement Agreement and Request for Sanctions Against Defendant and Its Counsel Pursuant to Court's Inherent Powers MOTION for Sanctions filed by Valpak Direct Marketing Systems, LLC. (Attachments: #1 Exhibit Declaration of Matt Biasini)(Phillips, J.) |
| Filing 32 NOTICE of Appearance by Raymond L. Robin on behalf of Eric Goldberg (Robin, Raymond) |
| Filing 31 NOTICE of Appearance by D. David Keller on behalf of Eric Goldberg (Keller, D.) |
| Filing 30 MOTION to Reopen Case Due to Extortion in Procuring Settlement Agreement and Request for Sanctions Against Defendant and Its Counsel Pursuant to Court's Inherent Powers by SMS Business Entities, Inc., Stephen Sewalk. (Attachments: #1 Affidavit of Stephen Sewalk, #2 Exhibit A - Lieb Email)(Garcia, Anthony) . Added MOTION for Sanctions on 8/15/2022 (SET). |
Filing 29
ORDER dismissing the action. The Clerk is directed to close the case. Signed by Magistrate Judge Amanda Arnold Sansone on 7/20/2022. (SFC)
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| Filing 28 MEDIATION report Hearing held on July 12, 2022. Hearing outcome: Settled.(Lieb, Stephanie) Modified text on 7/18/2022 (AG). |
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Filing 27
ORDER granting #26 Motion to Conduct Mediation Via Videoconference. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 6/8/2022. (SFC)
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| Filing 26 MOTION for Jonathan Serrano to appear telephonically / Motion for Leave to Attend Mediation by Videoconference by Valpak Direct Marketing Systems, LLC. (Goldberg, Eric) |
| Filing 25 NOTICE of mediation conference/hearing to be held on July 12, 2022 at 9:00am before Stephanie C. Lieb. (Garcia, Anthony) |
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Filing 24
ENDORSED ORDER granting #23 Motion for Extension of Mediation Notice Deadline. Deadline now 5/27/22. Signed by Magistrate Judge Amanda Arnold Sansone on 5/16/2022. (SFC)
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| Filing 23 JOINT UNOPPOSED MOTION for Extension of Time to File Mediation Notice by SMS Business Entities, Inc., Stephen Sewalk. (Garcia, Anthony) Modified text on 5/13/2022 (AG). |
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Filing 22
CASE MANAGEMENT AND SCHEDULING ORDER: Third Party Joinder / Amend Pleadings due by 8/21/2022; Plaintiff disclosure of expert report due by 12/2/2022; Defendant disclosure of expert report due by 12/2/2022; Discovery and Discovery-Related Motions due by 1/31/2023; Dispositive Motions and Daubert Motions due by 2/28/2023; Pretrial statement due by 5/25/2023; Final Pretrial Conference set for 6/1/2023 at 10:00 AM in Tampa Courtroom 10B before Magistrate Judge Amanda Arnold Sansone. See order for details. Signed by Magistrate Judge Amanda Arnold Sansone on 3/24/2022. (SFC)
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Filing 21
ORDER approving consent to jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Amanda Arnold Sansone. Signed by Judge Kathryn Kimball Mizelle on 3/22/2022. (SMR)
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| Filing 20 CONSENT to trial by U.S. Magistrate Judge by SMS Business Entities, Inc., Stephen Sewalk. (Garcia, Anthony) |
| Filing 19 CASE MANAGEMENT REPORT. (Garcia, Anthony) |
| Filing 18 RESPONSE in Opposition re #11 MOTION to Dismiss the Complaint filed by SMS Business Entities, Inc., Stephen Sewalk. (Attachments: #1 Exhibit A - Franchise Agreement (highlighted)(Garcia, Anthony) Modified on 3/1/2022 to edit text (CRK). |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by SMS Business Entities, Inc., Stephen Sewalk. (Garcia, Anthony) |
| Filing 16 NOTICE of Lead Counsel Designation by Anthony A. Garcia on behalf of SMS Business Entities, Inc., Stephen Sewalk. Lead Counsel: Anthony A. Garcia. (Garcia, Anthony) |
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Filing 15
ENDORSED ORDER granting #9 Motion to Appear Pro Hac Vice; #10 Motion to Appear Pro Hac Vice. Attorneys Jonathan Serrano and Eric Goldberg may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 2/8/2022. (SFC)
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| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Valpak Direct Marketing Systems, LLC identifying Corporate Parent Valpak Direct Marketing Systems, LLC, Other Affiliate Platinum Equity, LLC for Valpak Direct Marketing Systems, LLC. (Phillips, J.) |
| Filing 13 NOTICE to the Courts to take judicial notice regarding #11 MOTION to Dismiss the Complaint by Valpak Direct Marketing Systems, LLC. (Attachments: #1 Exhibit Decl. of J. Trumon Phillips, #2 Exhibit Original Schedules, #3 Exhibit Amended Schedules)(Phillips, J.) |
| Filing 12 REQUEST for oral argument re #11 MOTION to Dismiss the Complaint by Valpak Direct Marketing Systems, LLC. (Phillips, J.) |
| Filing 11 MOTION to Dismiss the Complaint by Valpak Direct Marketing Systems, LLC. (Attachments: #1 Exhibit Original Schedules, #2 Exhibit Amended Schedules)(Phillips, J.) |
| Filing 10 Unopposed MOTION for Jonathan Serrano to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19207738 for $150 by Valpak Direct Marketing Systems, LLC. (Phillips, J.) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 9 Unopposed MOTION for Eric Goldberg to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19207735 for $150 by Valpak Direct Marketing Systems, LLC. (Phillips, J.) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 8 NOTICE of Appearance by J. Trumon Phillips on behalf of Valpak Direct Marketing Systems, LLC. (Phillips, J.) Modified on 2/8/2022 to edit text (CRK). |
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Filing 7
CIVIL Case Order. The parties shall meet and file a Case Management Report using the standard form on the Court's website within 40 days after Defendant appears. Signed by Judge Kathryn Kimball Mizelle on 2/7/2022. (SMR)
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Filing 6
ENDORSED ORDER granting #2 Motion to Appear Pro Hac Vice. Attorney Anthony A. Garcia may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 1/24/2022. (SFC)
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| Filing 5 NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) |
| Filing 4 SUMMONS issued as to Valpak Direct Marketing Systems, LLC. (BD) |
| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:22-cv-0168-KKM-AAS. (SJB) |
| Filing 2 MOTION for Anthony A. Garcia to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19142037 for $150 by All Plaintiffs. (Wolfe, Adam) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-19141682) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Proposed Summons)(Wolfe, Adam) Modified on 1/21/2022 to correct docket text (BD). |
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