Permobil Ltd. v. Moxi Enterprises, LLC
| Permobil Ltd. |
| Moxi Enterprises, LLC |
| 8:2022cv00807 |
| April 8, 2022 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Anthony E Porcelli |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on May 31, 2022. A more recent docket listing may be available from PACER.
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Filing 63
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: Tana Hess. (TJH)
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Filing 62
TRANSCRIPT of Motion for Preliminary Injunction Hearing held on May 2, 2022 before Judge Anthony E. Porcelli. Court Reporter/Transcriber Tana J. Hess, Telephone number 813.301.5207 EMAIL tana_hess@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 6/21/2022 Redacted Transcript Deadline set for 7/1/2022 Release of Transcript Restriction set for 8/29/2022. (TJH)
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Filing 61
MEMORANDUM in opposition re #57 Motion to Dismiss for Failure to State a Claim, Motion for More Definite Statement filed by Permobil Ltd. (Mihokovich, Donald) Modified text on 5/27/2022 (JNB).
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Filing 60
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/1/2022, Joinder of Parties due by 11/1/2022, Discovery due by 3/15/2023, Dispositive motions due by 5/15/2023, Plaintiff disclosure of expert report due by 11/1/2022, Defendant disclosure of expert report due by 12/1/2022, Final Pretrial Conference set for 11/6/2023 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli, Jury Trial set for 12/4/2023 at 09:30 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Conduct mediation hearing by 3/22/2023. Lead counsel to coordinate dates. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 5/25/2022. (BMM)
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Filing 59
CASE MANAGEMENT REPORT. (Mauer, Steven)
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Filing 58
ORDER granting #42 Motion for Preliminary Injunction. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 5/9/2022. (BMM)
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Filing 57
MOTION to Dismiss for Failure to State a Claim Partial Motion to Dismiss or in the Alternative, Motion for More Definite Statement by Moxi Enterprises, LLC. (Silva, Patricia) . Added MOTION for More Definite Statement on 5/5/2022 (JNB).
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Filing 56
ANSWER and affirmative defenses to #35 Amended Complaint by Moxi Enterprises, LLC.(Silva, Patricia)
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Filing 55
Exhibit List by Permobil Ltd. from Preliminary hearing on May 2, 2022. (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)(LV)
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Filing 52
Minute Entry. In Person Proceedings held before Magistrate Judge Anthony E. Porcelli: MOTION HEARING held on 5/2/2022 re #42 Amended MOTION for Preliminary Injunction With Notice filed by Permobil Ltd. (digital) Court Reporter: Tana Hess (LV)
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Filing 51
Exhibit List (Amended) for Injunction Hearing by Permobil Ltd. (Mihokovich, Donald) Modified text on 5/2/2022 (JNB).
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Filing 50
Exhibit List by Permobil Ltd. (Mihokovich, Donald) Modified text on 4/29/2022 (JNB).
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Filing 49
Witness List by Permobil Ltd. (Mihokovich, Donald) Modified text on 4/29/2022 (JNB).
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Filing 48
Witness List by Moxi Enterprises, LLC. (Silva, Patricia)
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Filing 47
Exhibit List by Moxi Enterprises, LLC. (Silva, Patricia)
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Filing 46
RESPONSE in Opposition re #42 Amended MOTION for Preliminary Injunction With Notice filed by Moxi Enterprises, LLC. (Silva, Patricia)
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Filing 45
NOTICE of a related action per Local Rule 1.07(c) by Moxi Enterprises, LLC. Related case(s): No (Cantwell, Emily)
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Filing 44
NOTICE of hearing on motion re #42 Amended MOTION for Preliminary Injunction With Notice. Motion Hearing set for 5/2/2022 at 01:00 PM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli (IN PERSON). (LV)
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Filing 43
ORDER approving Consent to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Anthony E. Porcelli. Signed by Judge Charlene Edwards Honeywell on 4/21/2022. (BGS)
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Filing 42
Amended MOTION for Preliminary Injunction With Notice by Permobil Ltd.. (Attachments: #1 Exhibit Distribution Agreement, #2 Exhibit Blake Medical Advertisement, #3 Exhibit Distributor Agreement Termination)(Mihokovich, Donald)
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Filing 41
NOTICE of Appearance by Deborah H. Oliver on behalf of Permobil Ltd. (Oliver, Deborah)
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Filing 40
CONSENT to trial by U.S. Magistrate Judge by Permobil Ltd. (Mihokovich, Donald) Modified on 4/21/2022 (CTR).
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Filing 39
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(a) #36 Motion for Preliminary Injunction with Notice. The Local Rules require a motion to include "a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request" in a single document. Local R. M.D. Fla. 3.01(a). Permobil has filed #37 a legal memorandum supporting the Motion for Preliminary Injunction as separate docket entry, in violation of Local Rule 3.01(a). As such, the Court denies the Motion for Preliminary Injunction with Notice, without prejudice. Signed by Judge Charlene Edwards Honeywell on 4/21/2022. (GLP)
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Filing 38
ENDORSED ORDER denying as moot #13 Defendant Moxi Enterprises, LLC's Partial Motion to Dismiss Plaintiff's Petition or in the Alternative, Motion for a More Definite Statement; denying as moot #29 Motion for Preliminary Injunction with Notice. Permobil has filed #35 an amended complaint. Signed by Judge Charlene Edwards Honeywell on 4/21/2022. (GLP)
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Filing 37
MEMORANDUM in support re #36 Motion for Preliminary Injunction filed by Permobil Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mauer, Steven) Modified on 4/21/2022 (CTR).
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Filing 36
MOTION for Preliminary Injunction by Permobil Ltd. (Mauer, Steven) Modified on 4/21/2022 (CTR).
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Filing 35
AMENDED COMPLAINT against Moxi Enterprises, LLC filed by Permobil Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Mauer, Steven) Modified on 4/21/2022 (CTR).
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Filing 34
NOTICE of a related action per Local Rule 1.07(c) by Permobil Ltd.. Related case(s): No (Mauer, Steven)
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Filing 33
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). (BGS)
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Filing 32
NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) 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. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 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). (BGS)
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Filing 31
ORDER: 1. Permobil's complaint [1-1] is DISMISSED without prejudice as a shotgun pleading. 2. The Court grants Permobil leave to file an amended complaint within FOURTEEN (14) DAYS from the date of this order, which must correct the deficiencies discussed herein. 3. Failure to file an amended complaint within the time provided will result in the dismissal of this action, without prejudice, without further notice. See order for details. Signed by Judge Charlene Edwards Honeywell on 4/18/2022. (GLP)
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Filing 30
MEMORANDUM in support re #29 Motion for Preliminary Injunction filed by Permobil Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mauer, Steven)
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Filing 29
MOTION for Preliminary Injunction by Permobil Ltd.. (Mauer, Steven)
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Filing 28
NOTICE of compliance re 24 Order on Motion to Appear Pro Hac Vice by Moxi Enterprises, LLC (Cantwell, Emily)
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Filing 27
NOTICE by Permobil Ltd. of Compliance with Order Granting Motion to Appear Pro Hac Vice (Mauer, Steven)
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Filing 26
CORPORATE Disclosure Statement by Permobil Ltd. (Mauer, Steven) Modified on 4/14/2022 (CTR).
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Filing 25
CORPORATE Disclosure Statement by Moxi Enterprises, LLC. (Silva, Patricia)
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Filing 24
ENDORSED ORDER granting #22 Motion to Appear Pro Hac Vice. Attorney Emily E. Cantwell may appear pro hac vice on behalf of Defendant. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 4/11/2022. (JMF)
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Filing 23
ENDORSED ORDER granting #21 Motion to Appear Pro Hac Vice. Attorney Steven E. Mauer may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 4/11/2022. (JMF)
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Filing 22
MOTION for Emily E. Cantwell to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19445181 for $150 by Moxi Enterprises, LLC. (Silva, Patricia) Motions referred to Magistrate Judge Anthony E. Porcelli.
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Filing 21
Unopposed MOTION for Steven E. Mauer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19444327 for $150 by Permobil Ltd. (Mihokovich, Donald) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified on 4/12/2022 (CTR).
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Filing 20
NOTICE of Appearance and Designation of Lead Counsel Appearance by Patricia L. Silva on behalf of Moxi Enterprises, LLC (Silva, Patricia)
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Filing 19
NOTICE to counsel Shoshanah Shanes and Emily Cantwell 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). (JNB)
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Filing 18
NOTICE to counsel 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; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (JNB)
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Filing 17
TRANSFER IN from the Western District of Missouri. Case assigned to District Judge Judge Charlene E. Honeywell and Magistrate Judge Anthony E. Porcelli. New Case Number: 8:22-cv-807-CEH-AEP. (JNB)
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Filing 16
Case transferred in from District of Missouri Western; Case Number 2:22-cv-04046. File received electronically
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Filing 15
ORDER by Judge Nanette K. Laughrey. Defendant's consent motion to transfer the case to the Middle District of Florida (Doc. #2) is GRANTED. In light of the fact that Plaintiff's motion for a preliminary injunction, which was filed in the state court, has yet to be resolved, the Court directs the Clerk of Court to transfer the case expeditiously to the Middle District of Florida.(Sreeprakash, Netra) [Transferred from mowd on 4/8/2022.]
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Filing 14
SUGGESTIONS in support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Emily Cantwell on behalf of Defendant Moxi Enterprises, LLC. (Related document(s)#13) (Cantwell, Emily) [Transferred from mowd on 4/8/2022.]
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Filing 13
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Emily Cantwell on behalf of Moxi Enterprises, LLC. Suggestions in opposition/response due by 4/18/2022 unless otherwise directed by the court. (Cantwell, Emily) [Transferred from mowd on 4/8/2022.]
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Filing 12
ANSWER to Complaint on behalf of Moxi Enterprises, LLC.(Cantwell, Emily) [Transferred from mowd on 4/8/2022.]
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Filing 11
DISCLOSURE OF CORPORATE INTERESTS filed by Steven E Mauer on behalf of Plaintiff Permobil Ltd..(Mauer, Steven) [Transferred from mowd on 4/8/2022.]
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Filing 10
RESPONSE to motion re #2 MOTION to reassign/transfer case to Transfer Venue Joinder to Motion filed by Steven E Mauer on behalf of Plaintiff Permobil Ltd.. Reply suggestions due by 4/14/2022 unless otherwise directed by the court. (Mauer, Steven) (Main Document 10 replaced on 3/31/2022 to remove proposed order. Attorney contacted to email proposed order to CRD. NEF regenerated.) (Warren, Melissa) [Transferred from mowd on 4/8/2022.]
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Filing 9
NOTICE of appearance by Steven E Mauer on behalf of Permobil Ltd. (Mauer, Steven) [Transferred from mowd on 4/8/2022.]
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Filing 8
DISCLOSURE OF CORPORATE INTERESTS filed by Emily Cantwell on behalf of Defendant Moxi Enterprises, LLC.(Cantwell, Emily) [Transferred from mowd on 4/8/2022.]
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NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) [Transferred from mowd on 4/8/2022.]
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Filing 7
NOTICE of appearance by Shoshanah Mae Shanes on behalf of Moxi Enterprises, LLC (Shanes, Shoshanah) [Transferred from mowd on 4/8/2022.]
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Filing 6
NOTICE of filing Notice to Clerk of the Circuit Court and to Plaintiff of Removal of Civil Action to the United States District Court by Moxi Enterprises, LLC re #1 Notice of Removal, (Cantwell, Emily) [Transferred from mowd on 4/8/2022.]
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Filing 5
ORDER entered by Judge Nanette K. Laughrey.Proposed scheduling order due by 4/18/2022. Rule 26 conference due by 4/11/2022. Signed on 03/28/2022 by District Judge Nanette K. Laughrey. (Lock, Tania) [Transferred from mowd on 4/8/2022.]
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Filing 4
ORDER ON PRETRIAL PROCEDURES. Service must be obtained on all defendants within forty (40) days of the date of this Order unless otherwise authorized by the Court. Signed on 03/28/2022 by District Judge Nanette K. Laughrey. (Lock, Tania) [Transferred from mowd on 4/8/2022.]
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Filing 3
NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Berner, Crystal) [Transferred from mowd on 4/8/2022.]
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Filing 2
MOTION to reassign/transfer case to Transfer Venue filed by Emily Cantwell on behalf of Moxi Enterprises, LLC. Suggestions in opposition/response due by 4/11/2022 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Cantwell, Emily) [Transferred from mowd on 4/8/2022.]
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Filing 1
NOTICE OF REMOVAL from Circuit Court of Cole County, case number 22AC-CC00084, filed by Emily Cantwell. Filing fee $402, receipt number AMOWDC-7863438. (Attachments: #1 Exhibit A - State Court File, #2 Civil Cover Sheet Exhibit B)(Cantwell, Emily) [Transferred from mowd on 4/8/2022.]
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