Gradwell et al v. SunFlora, Inc.
| Christopher Miller, Greg Muiter, Melanie Vaughan and Joseph Gradwell |
| SunFlora, Inc. |
| Chris Griffin |
| 8:2022cv00781 |
| April 1, 2022 |
| US District Court for the Middle District of Florida |
| Mary S Scriven |
| Thomas G Wilson |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Deceptive Trade Practices |
| Both |
Docket Report
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This docket was last retrieved on May 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 69 STIPULATION of Dismissal with Prejudice (Joint) by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Attachments: #1 Exhibit A - Proposed Order)(Salazar, Richard) |
Filing 68
ENDORSED ORDER GRANTING #67 the Parties' Joint Motion to Extend Deadline to Reopen Case. Plaintiff's Unopposed Motion for Extension of Time to Submit Final Stipulation of Dismissal. The deadline for the parties to submit a final stipulation of dismissal or move to reopen the case upon good cause shown is extended to May 31, 2023. Signed by Judge Mary S. Scriven on 5/1/2023. (APF)
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| Filing 67 Joint MOTION for Miscellaneous Relief, specifically Joint Motion to Extend Deadline to Reopen Case and Memorandum of Law in Support Thereof (Joint) by All Plaintiffs. (Salazar, Richard) |
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Filing 66
ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Mary S. Scriven on 3/2/2023. (APF)
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| Filing 65 NOTICE of settlement (Joint) by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan (Salazar, Richard) |
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Filing 64
ORDER denying without prejudice #58 Motion to Compel. Signed by Magistrate Judge Thomas G. Wilson on 12/16/2022. (ABC)
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| Filing 63 NOTICE OF SELECTION of Christopher L. Griffin as mediator by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Salazar, Richard) |
| Filing 62 RESPONSE to Motion re #58 MOTION to Compel Documents Responsive to First Production Request and Subpoenas Directed to Non-Parties filed by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Mueller, Vincent) |
| Filing 61 ***TERMINATED-DOCUMENT NOT A MOTION-COUNSEL TO REFILE CORRECTLY AS A RESPONSE TO MOTION*** MOTION for Miscellaneous Relief, specifically Response to Defendant's Motion to Compel Production of Documents by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Mueller, Vincent) Modified on 11/28/2022 (LSS). |
| Filing 60 SUPPLEMENT re #58 MOTION to Compel Documents Responsive to First Production Request and Subpoenas Directed to Non-Parties Defendant/Counter-Plaintiff Sunflora, Inc.'s Local Rule 3.01(g)3) Supplement to Motion to Compel Documents Responsive to First Request and Subpoenas Directed to Non-Parties by SunFlora, Inc.. (Crocker, Bradley) |
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Filing 59
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 11/7/2023. Jury Trial set for the January 2024 Trial Term with a more precise date to follow. Conduct mediation hearing by 2/17/2023. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 11/16/2022. (APF)
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| Filing 58 MOTION to Compel Documents Responsive to First Production Request and Subpoenas Directed to Non-Parties by SunFlora, Inc.. (Weiss, Jonathan) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 57
ENDORSED ORDER GRANTING #56 the Parties' Joint Motion to Amend Case Management Order. The Court will issue an Amended Case Management and Scheduling Order by separate notice. Signed by Judge Mary S. Scriven on 11/14/2022. (APF)
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| Filing 56 Joint MOTION to Amend #40 Case Management / FLSA / ADA / Social Security / Scheduling Order, by SunFlora, Inc.. (Attachments: #1 Text of Proposed Order Proposed Amended Uniform Case Management Report)(Weiss, Jonathan) |
| Filing 55 NOTICE by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan of Unavailability (Mueller, Vincent) |
| Filing 54 SECOND NOTICE to counsel Jennifer J. Kennedy of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (LSS) |
| Filing 53 ***STRICKEN AS DISCOVERY/IMAGE REMOVED***NOTICE of compliance Service of Responses to SunFlora, Inc.'s Requests to Produce by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan (Mueller, Vincent) Modified on 10/12/2022 (LSS). (LSS). |
| Filing 52 STIPULATION Stipulated Protective Order by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Mueller, Vincent) |
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Filing 51
ORDER granting #50 Motion to Withdraw re #47 MOTION for Extension of Time to Complete Discovery . Signed by Magistrate Judge Thomas G. Wilson on 8/8/2022. (ABC)
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| Filing 50 MOTION to Withdraw #47 MOTION for Extension of Time to Complete Discovery by All Plaintiffs. (Mueller, Vincent) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 49 NOTICE to counsel Jennifer J. Kennedy of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JK) |
| Filing 48 AMENDED NOTICE of Appearance by David J. Abbey, Jennifer J. Kennedy, and Vincent Joseph Mueller, on behalf of Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Mueller, Vincent) Modified as to docket text on 7/20/2022 (JK). |
| Filing 47 TERMINATED Pursuant to Order #51 MOTION for Extension of Time to Complete Discovery by All Plaintiffs. (Mueller, Vincent) Motions referred to Magistrate Judge Thomas G. Wilson. Modified text on 8/9/2022 (ABC). |
| Filing 46 NOTICE OF SELECTION of Christopher L. Griffin as mediator by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Salazar, Richard) |
| Filing 45 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Tracey Aurelio. (TVA) |
| Filing 44 TRANSCRIPT of MOTION HEARING held on 5/12/22 before Judge MARY S. SCRIVEN. Court Reporter/Transcriber TRACEY AURELIO,Telephone number 813-301-5448 tracey_aurelio@flmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 7/20/2022 Redacted Transcript Deadline set for 8/1/2022 Release of Transcript Restriction set for 9/27/2022. (TVA) |
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Filing 43
ORDER granting #42 Motion for Extension of Time to Respond. Signed by Magistrate Judge Thomas G. Wilson on 6/27/2022. (ABC)
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| Filing 42 Unopposed MOTION for Extension of Time to Complete Discovery Responses to Pending Discovery Requests and Comply With Subpoenas and Incorporated Memorandum of Law by Joseph Gradwell, Christopher Miller, Greg Muiter. (Salazar, Richard) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 41 NOTICE of Appearance by David J. Abbey on behalf of Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan (Abbey, David) |
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Filing 40
CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 6/30/2023, Jury Trial set on the August 2023 Trial term, which commences 7/31/2023 with a more precise date to follow. Conduct mediation hearing by 1/25/2023. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 6/8/2022. (MEJ)
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| Filing 39 CASE MANAGEMENT REPORT. (Salazar, Richard) |
| Filing 38 Answer and Affirmative Defenses REPLY to #18 Counterclaim by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan.(Salazar, Richard) |
| Filing 37 Exhibit List by SunFlora, Inc. from 5/12/2022 hearing. (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(GSO) |
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Filing 36
ORDER DENYING #19 Defendant/Counter-Plaintiff SunFlora, Inc.'s Expedited Verified Motion for Temporary Restraining Order and Preliminary Injunction; DENYING AS MOOT #34 Defendant/Counter-Plaintiff SunFlora, Inc.'s Motion for Judicial Notice in Support of its Expedited Verified Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Mary S. Scriven on 5/12/2022. (APF)
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| Filing 35 MINUTE ENTRY for 5/12/2022 in-person hearing on #19 SunFlora, Inc.'s Motion for Temporary Restraining Order. Court Reporter: Tracey Aurelio (GSO) |
| Filing 34 MOTION for Miscellaneous Relief, specifically For Judicial Notice in Support of Its Expedited Verified Motion for Temporary Restraining Order and Preliminary Injunction by SunFlora, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Weiss, Jonathan) |
| Filing 33 Exhibit List AMENDED by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Salazar, Richard) |
| Filing 32 MEMORANDUM in opposition re #19 Motion for Temporary Restraining Order and Preliminary Injunction filed by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Salazar, Richard) |
| Filing 31 Exhibit List Amended by SunFlora, Inc.. (Weiss, Jonathan) |
| Filing 30 Exhibit List by SunFlora, Inc.. (Weiss, Jonathan) |
| Filing 29 Witness List by SunFlora, Inc.. (Weiss, Jonathan) |
| Filing 28 Exhibit List by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Salazar, Richard) |
| Filing 27 Witness List by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Salazar, Richard) |
| Filing 26 ***TERMINATED-INCORRECT EVENT. COUNSEL CONTACTED TO REFILE*** NOTICE by SunFlora, Inc. re #22 Order Setting Hearing on Motion of Filing Witness and Exhibit List (Weiss, Jonathan) Modified on 5/11/2022 (LSS). |
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Filing 25
ENDORSED ORDER DENYING #23 Plaintiffs/Counterclaim Defendants' Emergency Motion for Continuance of Hearing Set for May 12, 2022. The hearing on the Motion for Temporary Restraining Order will go forward as scheduled. If the Court requires any supplemental briefing on the matter, it will advise the Parties at the hearing. Signed by Judge Mary S. Scriven on 5/11/2022. (APF)
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| Filing 24 RESPONSE in Opposition re #23 Emergency MOTION to Continue Hearing Set for May 12, 2022 filed by SunFlora, Inc.. (Attachments: #1 Exhibit 1)(Weiss, Jonathan) |
| Filing 23 Emergency MOTION to Continue Hearing Set for May 12, 2022 by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Salazar, Richard) |
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Filing 22
ORDER Setting Hearing on Motion #19 Defendant/Counter-Plaintiff SunFlora, Inc.'s Expedited Verified Motion for Temporary Restraining Order and Preliminary Injunction. This case is set for a hearing on the Motion for Temporary Restraining Order on Thursday, May 12, 2022, in the Sam Gibbons United States Courthouse, Tampa, Florida, Courtroom 7A at 9:00 AM before United States District Judge Mary S. Scriven. The Court has set aside four (4) hours for this hearing. See Order for details. Signed by Judge Mary S. Scriven on 5/9/2022. (APF)
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| Filing 21 REQUEST for oral argument re #19 Verified MOTION for Temporary Restraining Order and Preliminary Injunction, and Incorporated Memorandum of Law by SunFlora, Inc.. (Weiss, Jonathan) |
| Filing 20 Supplemental MOTION for Temporary Restraining Order Local 3,01(g)(3) and Preliminary Injunction by SunFlora, Inc.. (Weiss, Jonathan) |
| Filing 19 Verified MOTION for Temporary Restraining Order and Preliminary Injunction, and Incorporated Memorandum of Law by SunFlora, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Weiss, Jonathan) |
| Filing 18 Amended COUNTERCLAIM against Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan filed by SunFlora, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Weiss, Jonathan) |
| Filing 17 NOTICE of Appearance and Designation of Email Address Appearance by Bradley William Crocker on behalf of SunFlora, Inc. (Crocker, Bradley) |
| Filing 16 NOTICE to counsel 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). (CRB) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by SunFlora, Inc.. (Weiss, Jonathan) |
| Filing 14 Defendant Counterclaim Plaintiff Sunflora, Inc.'s Answer Affirmative Defenses and Counterclaim ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by SunFlora, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Weiss, Jonathan) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. Related case(s): No (Salazar, Richard) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. (Salazar, Richard) |
| Filing 11 NOTICE of Lead Counsel Designation by Richard George Salazar on behalf of Joseph Gradwell, Christopher Miller, Greg Muiter, Melanie Vaughan. Lead Counsel: Richard G. Salazar. (Salazar, Richard) |
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Filing 10
ORDER granting #7 Motion to Appear Pro Hac Vice as to attorney Eric Spada. Signed by Magistrate Judge Thomas G. Wilson on 4/11/2022. (ABC)
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Filing 9
ORDER granting #6 Motion to Appear Pro Hac Vice as to attorney Stanley J. Parker. Signed by Magistrate Judge Thomas G. Wilson on 4/11/2022. (ABC)
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| Filing 8 RETURN of service executed on April 6, 2022 by Greg Muiter, Christopher Miller, Melanie Vaughan, Joseph Gradwell as to All Plaintiffs. (Salazar, Richard) |
| Filing 7 MOTION for Eric Spada to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19423168 for $150 by All Plaintiffs. (Salazar, Richard) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 6 MOTION for Stanley J. Parker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19423100 for $150 by All Plaintiffs. (Salazar, Richard) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 5 NOTICE to counsels Stanley J. Parker and Eric M. Spada of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) |
| Filing 4 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 3 SUMMONS issued as to SunFlora, Inc. (BD) |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Thomas G. Wilson. New case number: 8:22-cv-0781-MSS-TGW. (SJB) |
| Filing 1 COMPLAINT against SunFlora, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-19414618) filed by Christopher Miller, Melanie Vaughan, Greg Muiter, Joseph Gradwell. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Complaint, #3 Exhibit 2 to Complaint, #4 Exhibit 3 to Complaint, #5 Exhibit 4 to Complaint, #6 Proposed Summons)(Salazar, Richard) Modified on 4/4/2022 to correct docket text (BD). |
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