HRB Resources LLC v. Osborne
| HRB Resources LLC |
| Tina Osborne |
| 8:2022cv00710 |
| March 28, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on June 21, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 STIPULATION/ Joint Motion For Entry of a Permanent Injunction by HRB Resources LLC. (Attachments: #1 Text of Proposed Order Ex. A - Permanent Injunction Order)(McClelland, Dennis) Modified text on 6/22/2022 (LNR). |
Filing 32
ENDORSED ORDER: In light of the Joint Stipulation to Stay Proceedings and Arbitrate Claims (Doc. #31), this case is stayed pending the arbitration. The plaintiff is directed to provide a status report every 120 days. The parties are to immediately notify the Court if and when the case is resolved. The Clerk is directed to administratively close the case. Signed by Judge Virginia M. Hernandez Covington on 5/4/2022. (JW)
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| Filing 31 STIPULATION - Joint Stipulation to Stay Proceedings and Arbitrate Claims by HRB Resources LLC. (McClelland, Dennis) |
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Filing 30
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by May 4, 2022, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 4/20/2022. (JW)
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| Filing 29 NOTICE of a related action per Local Rule 1.07(c) by Tina Osborne. Related case(s): No (Pierro, Richard) |
| Filing 28 CERTIFICATE of interested persons and corporate disclosure statement re 9 Notice to Counsel of Local Rule by Tina Osborne. (Pierro, Richard) |
| Filing 27 ANSWER and affirmative defenses to #1 Complaint by Tina Osborne.(Pierro, Richard) |
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Filing 26
ENDORSED ORDER denying as moot #18 Motion for Preliminary Injunction. Signed by Judge Virginia M. Hernandez Covington on 4/18/2022. (Covington, Virginia)
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| Filing 25 NOTICE canceling Status Conference hearing scheduled for 4/15/2022. (BMM) |
| Filing 24 PRELIMINARY INJUNCTION Signed by Judge Virginia M. Hernandez Covington on 4/13/2022. (MEJ) |
| Filing 23 Joint MOTION for Preliminary Injunction and Stipulation by HRB Resources LLC. (Attachments: #1 Exhibit A - Preliminary Injunction)(McClelland, Dennis) |
| Filing 22 NOTICE of compliance re #13 Order on Motion for Temporary Restraining Order by Tina Osborne. (Pierro, Richard) |
| Filing 21 NOTICE of hearing: Status Conference set for 4/15/2022 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli via Zoom. Zoom login information will be sent separately. (BMM) |
| Filing 20 NOTICE of Appearance by Richard Michael Pierro, Jr. on behalf of Tina Osborne. (Pierro, Richard) |
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Filing 19
ENDORSED ORDER: The motion for preliminary injunction (Doc. #18) is hereby referred to the Honorable Anthony E. Porcelli, United States Magistrate Judge, for the issuance of a report and recommendation, including any hearings, motions, and deadlines related thereto. However, that portion of the motion requesting an extension of the temporary restraining order must be denied without prejudice. On March 29, 2022, this Court granted a temporary restraining order without notice to the defendant, an extraordinary remedy (Doc. #13). The Court did so based on representations by the plaintiff that the defendant was nonresponsive to all communications regarding this case. However, the Court notes that service was made on the defendant on the same day that the temporary restraining order was granted. The plaintiff now asks to extend the temporary restraining order, again without notice to the defendant. The plaintiff, however, can no longer suggest that the defendant is impossible to locate, given how quickly the defendant was served after the temporary restraining order was first granted. The plaintiff may re-file this motion after the defendant has been given notice and an opportunity to be heard. Signed by Judge Virginia M. Hernandez Covington on 4/7/2022. (JW) Motions referred to Magistrate Judge Anthony E. Porcelli.
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| Filing 18 MOTION for Preliminary Injunction and Extension of Temporary Restraining Order by HRB Resources LLC. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B (Composite) - Court Orders)(McClelland, Dennis) |
| Filing 15 RETURN of service executed on March 29, 2022 by HRB Resources LLC as to Tina Osborne. (McClelland, Dennis) |
| Filing 16 Temporary Restraining Order BOND in the amount of $ 5000 posted by HRB Resources LLC. (LNR) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by HRB Resources LLC identifying Corporate Parent H&R Block Eastern Enterprises, Inc., Corporate Parent BlackRock, Inc., Corporate Parent H&R Block, Inc., Corporate Parent HRB Tax Group, Inc., Corporate Parent H&R Block Group, Inc., Corporate Parent H&R Block Management, LLC for HRB Resources LLC. (McClelland, Dennis) |
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Filing 13
ORDER granting #3 Motion for Temporary Restraining Order. Signed by Judge Virginia M. Hernandez Covington on 3/29/2022. (MEJ)
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| Filing 12 SUMMONS issued as to Tina Osborne. (LNR) |
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Filing 11
ENDORSED ORDER granting the motion to seal unredacted declaration. (Doc. #4). Plaintiff may file the unredacted declaration on the docket under seal. The seal shall remain in place until further order. Signed by Judge Virginia M. Hernandez Covington on 3/29/2022.
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| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by HRB Resources LLC. Related case(s): No (McClelland, Dennis) |
| Filing 9 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (MEJ) |
| Filing 8 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (MEJ) |
| Filing 7 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ) |
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Filing 6
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 3/29/2022. (MEJ)
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| Filing 5 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MEJ) |
| Filing 4 MOTION to Seal Unredacted Declaration of Teri Kammer pursuant to Local Rule 1.11(c) by HRB Resources LLC. (Attachments: #1 Exhibit A - Proposed Order)(McClelland, Dennis) |
| Filing 3 MOTION for Temporary Restraining Order by HRB Resources LLC. (Attachments: #1 Exhibit A - Court Orders, #2 Exhibit B - Proposed Order)(McClelland, Dennis) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:22-cv-0710-VMC-AEP. (SJB) |
| Filing 1 COMPLAINT for Injunctive Relief and Damages against Tina Osborne (Filing fee $ 402 receipt number AFLMDC-19389367) filed by HRB Resources LLC. (Attachments: #1 Exhibit A - Employment Agreement, #2 Exhibit B - Declaration of Jim Engelage, #3 Exhibit C - 12.23.21 Demand Letter, #4 Exhibit D - Declaration of Teri Kammer, #5 Civil Cover Sheet, #6 Proposed Summons)(McClelland, Dennis) |
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| Plaintiff: HRB Resources LLC | |
| Represented By: | Dennis Michael McClelland |
| Represented By: | Austin Anthony Laurienzo |
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| Defendant: Tina Osborne | |
| Represented By: | Richard Michael Pierro, Jr. |
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