Dish Network, L.L.C. et al v. Labossiere et al
| Dish Network, L.L.C., Sling TV, L.L.C. and Nagrastar, LLC |
| Jason Labossiere individually and doing business as Expedite TV doing business as Mundo TV doing business as Must TV, Sean Beaman individually and doing business as Expedite TV doing business as Mundo TV doing business as Must TV, Stefan Gollner individually and doing business as Expedite TV doing business as Mundo TV doing business as Must TV and Osivette Brito individually and doing business as Expedite TV doing business as Mundo TV doing business as Must TV |
| 8:2022cv00603 |
| March 15, 2022 |
| U.S. District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Cable/Satellite TV |
| 47 U.S.C. § 0605 Federal Communications Act |
| None |
Docket Report
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| Filing 31 NOTICE of mediation conference/hearing to be held on May 16, 2022 1:00 p.m. before Lawrence Watson. (Watson, Lawrence) |
Filing 30
ENDORSED ORDER: The Court DENIES #26 Defendant Gollner's Motion for Relief from this Court's Scheduling Orders. Because Gollner filed a #17 motion to dismiss for lack of personal jurisdiction in his first appearance before the Court, he faces no risk of waiving his personal jurisdiction objection by responding to Plaintiffs' Motion for Preliminary Injunction. See Lane v. XYZ Venture Partners, L.L.C., 322 F. App'x 675, 678 (11th Cir. 2009) ("While it is true that the defense of lack of personal jurisdiction can be waived by filing a motion which does not raise the defense, waiver is only accomplished if the defense is not asserted in the first motion made under Rule 12 or responsive pleading." (citations omitted)). And Gollner fails to show that his cost in responding to the Motion for Preliminary Injunction outweighs the prejudice posed to Plaintiffs in delaying the full resolution of their motion. Finally, the most efficient method for the Court to resolve the motions is to receive simultaneous briefing on both motions. Signed by Judge Kathryn Kimball Mizelle on 5/3/2022. (SMR)
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| Filing 29 RESPONSE in Opposition re #26 MOTION for Relief from Orders dated 4-6-22 and 4-25-22 filed by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. (Frank, Timothy) Modified text on 5/2/2022 (AG). |
| Filing 28 NOTICE of Appearance by Laura H. Howard on behalf of Sean Beaman (Howard, Laura) |
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Filing 27
ENDORSED ORDER: Plaintiffs must respond to Defendant Gollner's #26 Motion for Relief from the Scheduling Order no later than May 3, 2022. Signed by Judge Kathryn Kimball Mizelle on 4/26/2022. (SMR)
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| Filing 26 MOTION for Miscellaneous Relief, specifically Relief from Orders dated 4-6-22 and 4-25-22 by Stefan Gollner. (Walters, Joel) |
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Filing 25
ENDORSED ORDER: The Court GRANTS Plaintiffs' #24 Unopposed Motion to extend deadlines. Plaintiffs' responses to #17 Defendant Gollner's Motion to Dismiss are due May 19, 2022. Defendants' responses to Plaintiffs' #13 Motion for Preliminary Injunction are due May 20, 2022. Defendant Beaman's response to Plaintiff's complaint is due May 19, 2022. Signed by Judge Kathryn Kimball Mizelle on 4/24/2022. (SMR)
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| Filing 24 Unopposed MOTION to Continue Deadlines Pending Settlement Discussions by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. (Frank, Timothy) Modified text on 4/22/2022 (AG). |
| Filing 23 NOTICE of Appearance by Stanford R. Solomon on behalf of Sean Beaman (Solomon, Stanford) |
| Filing 22 ANSWER to #1 Complaint by Jason Labossiere. (Delrahim, David) Modified text on 4/20/2022 (AG). |
| Filing 21 NOTICE by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. re #14 Order pdf - Notice of Service of Complaint and Motion for Preliminary Injunction (Attachments: #1 Exhibits 1-3)(Frank, Timothy) |
| Filing 20 RETURN of service executed on April 12, 2022 by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. as to Sean Beaman. (Frank, Timothy) |
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Filing 19
ORDER granting #12 Plaintiffs' Motion for Timothy Frank to Appear Pro Hac Vice. Signed by Magistrate Judge Sean P. Flynn on 4/8/2022. (DK)
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Filing 18
ENDORSED ORDER: Finding good cause, the Court grants Defendant Brito's #16 unopposed motion for extension of time. Defendant must respond to the complaint no later than May 6, 2022. Signed by Judge Kathryn Kimball Mizelle on 4/8/2022. (EDB)
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| Filing 17 MOTION to Dismiss for Lack of Jurisdiction by Stefan Gollner. (Attachments: #1 Affidavit)(Walters, Joel) |
| Filing 16 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint for Osivette Brito by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. (Boatman, James) |
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Filing 15
ENDORSED ORDER granting #11 Defendant Labossiere's Unopposed Motion for Extension of Time to File Response to Plaintiff's Complaint. Labossiere must respond no later than April 20, 2022. Signed by Judge Kathryn Kimball Mizelle on 4/7/2022. (SMR)
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| PRO HAC VICE FEES paid by attorney Timothy Frank (Filing fee $150 receipt number TPA066220.) Related document: #12 MOTION for Timothy Frank to appear pro hac vice . (ARC) |
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Filing 14
ORDER setting deadlines for consideration of Plaintiffs' #13 Motion for Preliminary Injunction and Asset Freeze. Signed by Judge Kathryn Kimball Mizelle on 4/6/2022. (SMR)
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| Filing 13 MOTION for Preliminary Injunction and Asset Freeze by All Plaintiffs. (Attachments: #1 Declaration of Gregory Duval, #2 Declaration of Kevin Gedeon, #3 Exhibits 1-8 to Declaration of Kevin Gedeon, #4 Exhibits 9-10 to Declaration of Kevin Gedeon, #5 Exhibits 11-20 to Declaration of Kevin Gedeon, #6 Exhibits 21-40 to Declaration of Kevin Gedeon, #7 Exhibits 41-60 to Declaration of Kevin Gedeon, #8 Exhibits 61-77 to Declaration of Kevin Gedeon, #9 Text of Proposed Order, #10 Certificate of Service)(Boatman, James) |
| Filing 12 MOTION for Timothy Frank to appear pro hac vice by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. (Frank, Timothy) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 11 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Jason Labossiere. (Delrahim, David) Modified as to docket text and entry relationship on 4/6/2022 (JK). |
| Filing 10 NOTICE of Appearance by David S. Delrahim on behalf of Jason Labossiere (Delrahim, David) |
| Filing 9 RETURN of service executed on March 17, 2022 by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. as to Stefan Gollner. (Boatman, James) |
| Filing 8 RETURN of service executed on March 16, 2022 by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. as to Osivette Brito. (Boatman, James) |
| Filing 7 RETURN of service executed on March 16, 2022 by Dish Network, L.L.C., Nagrastar, LLC, Sling TV, L.L.C. as to Jason Labossiere. (Boatman, James) |
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Filing 6
STANDING CIVIL CASE ORDER. The parties must file a case management report within 40 days after any Defendant appears. Signed by Judge Kathryn Kimball Mizelle on 3/16/2022. (EDB)
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| Filing 5 SUMMONS issued as to Sean Beaman, Osivette Brito, Stefan Gollner, Jason Labossiere. (BD) |
| Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Dish Network L.L.C., Nagrastar LLC, Sling TV L.L.C. identifying Corporate Parent DISH Technologies L.L.C. for Dish Network L.L.C., Nagrastar LLC, Sling TV L.L.C. (Boatman, James) Modified on 3/16/2022 to edit text (CRK). |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Dish Network L.L.C., Nagrastar LLC, Sling TV L.L.C. Related case(s): Yes (Boatman, James) Modified on 3/16/2022 to edit text (CRK). |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0603-KKM-SPF. (SJB) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number AFLMDC-19342605) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons)(Boatman, James) |
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| Search for this case: Dish Network, L.L.C. et al v. Labossiere et al | |
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| Plaintiff: Dish Network, L.L.C. | |
| Represented By: | James A. Boatman, Jr. |
| Represented By: | Timothy M. Frank |
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| Plaintiff: Sling TV, L.L.C. | |
| Represented By: | James A. Boatman, Jr. |
| Represented By: | Timothy M. Frank |
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| Plaintiff: Nagrastar, LLC | |
| Represented By: | James A. Boatman, Jr. |
| Represented By: | Timothy M. Frank |
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| Defendant: Jason Labossiere individually and doing business as Expedite TV doing business as Mundo TV doing business as Must TV | |
| Represented By: | David S. Delrahim |
| Represented By: | Julia Reidy Kapusta |
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| Defendant: Sean Beaman individually and doing business as Expedite TV doing business as Mundo TV doing business as Must TV | |
| Represented By: | Laura H. Howard |
| Represented By: | Stanford R. Solomon |
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| Defendant: Stefan Gollner individually and doing business as Expedite TV doing business as Mundo TV doing business as Must TV | |
| Represented By: | Joel W. Walters |
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| Defendant: Osivette Brito individually and doing business as Expedite TV doing business as Mundo TV doing business as Must TV | |
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