E-Telequote Insurance, Inc. v. Mayberry et al
| E-Telequote Insurance, Inc. |
| Aubrey Mayberry, Alisa Cravey, Rich Budwell, Jonathan Moore, Mario Gutierrez, John Tellez, MyPlanAdvocate Insurance Services, Inc., and MyPlanAdvocate Insurance Solutions, Inc. |
| Jeffrey Carter Andersen |
| 8:2022cv01222 |
| May 26, 2022 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Julie S Sneed |
| Defend Trade Secrets Act (of 2016) |
| Defendant |
Docket Report
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This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.
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Filing 155
ENDORSED ORDER granting #154 joint Motion for 30-day Extension of Time to Complete Discovery. Signed by Judge William F. Jung on 9/21/2023. (Jung, William)
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| Filing 154 MOTION for Extension of Time to Complete Discovery by MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc. (Swiger, Lindsay) Modified on 9/19/2023 to edit docket text (RN). |
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Filing 153
ENDORSED ORDER finding as moot #92 Motion. Signed by Judge William F. Jung on 5/22/2023. (Jung, William)
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Filing 152
ORDER and PRELIMINARY INJUNCTION re #28 Motion for Preliminary Injunction. Signed by Judge William F. Jung on 5/18/2023. (JMT)
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| Filing 151 RESPONSE re 148 Order; as to Mootness of Preliminary Injunction filed by E-Telequote Insurance, Inc. (Getty, John) |
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Filing 150
ORDER granting in part and denying in part #114 Motion to Compel in accordance with the attached order. Signed by Judge William F. Jung on 5/12/2023. (CCB)
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| Filing 149 NOTICE by E-Telequote Insurance, Inc. re #144 Compliance notice of Filing Proposed Order on the Motion to Compel. (Attachments: #1 Text of Proposed Order)(Getty, John) |
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Filing 148
ORDER: The parties are invited to answer this question by a filing on this docket no later than May 16, 2023: Are not the motions for preliminary injunction against Cravey, Moore and Mayberry moot? Why or why not? Signed by Judge William F. Jung on 5/9/2023. (Jung, William)
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Filing 147
ENDORSED ORDER granting #146 Motion to Withdraw as Attorney. The Clerk is instructed to terminate Attorneys Drushal, Koepke, and Gorney. The individual Defendants listed in the Motion to Withdraw will be proceeding pro se. They are cautioned that they will be required to keep up with the case and follow the rules and deadlines. The Clerk will note the proper contact information, addresses, etc. for these pro se parties. Signed by Judge William F. Jung on 5/9/2023. (Jung, William)
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| Filing 146 Unopposed MOTION for Alicia H. Koepke, Amy L. Drushal and Elysse V. Gorney to Withdraw as Attorney by Rich Budwell, Alisa Cravey, Mario Gutierrez, Aubrey Mayberry, Jonathan Moore, John Tellez. (Koepke, Alicia) Motions referred to Magistrate Judge Julie S. Sneed. |
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Filing 145
ENDORSED ORDER: The Court has reviewed the thumb drive provided by MPA for in camera review. Objections to producing these documents are overruled. The updated privilege log contains nine items, for which the attorney-client privilege is claimed. Those items do not contain confidential communications to or from an attorney. Nor do they contain any communications of any type to or from an attorney. No attorney is listed as recipient, or sender, or copied; nor is attorney advice paraphrased or quoted in the body of any of those communications. Three lengthy documents were withheld as not relevant (starting with MPA 866, 1570, and 2273 respectively). Those documents should be produced. They are not privileged and could constitute admissible evidence or may lead to admissible evidence. The parties' written draft Order from the hearing should also include the Order here. Signed by Judge William F. Jung on 5/8/2023. (Jung, William)
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| Filing 144 NOTICE of compliance re 143 Order, by MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc. (Swiger, Lindsay) |
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Filing 143
ENDORSED ORDER: The Court is reviewing the thumb drive with asserted privileged documents, provided by Ms. Swiger. Please file on this docket a very short list of the title or role of persons on these documents. In other words, a simple list like: "Kyal Moody was xxxx for MyPlan Advocate...." If possible please complete this task by close of business tomorrow. Signed by Judge William F. Jung on 5/8/2023. (Jung, William)
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| Filing 142 NOTICE by E-Telequote Insurance, Inc. re #28 MOTION for Preliminary Injunction of Filing Order for Preliminary Injunction and Closing Argument (Attachments: #1 Text of Proposed Order)(Getty, John) |
| Filing 141 NOTICE by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore re #28 MOTION for Preliminary Injunction of Closing Argument and Incorporated Memorandum of Law (Attachments: #1 Supplement Declaration of Alisa Cravey, #2 Supplement Declaration of Jonathan Moore, #3 Supplement Declaration of Aubrey Mayberry, #4 Text of Proposed Order Denying Plaintiff's Motion for Preliminary Injunction)(Gorney, Elysse) |
| Filing 140 Minute Entry. Telephonic Proceedings held before Judge William F. Jung: MOTION HEARING held on 5/2/2023 re #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate filed by E-Telequote Insurance, Inc. Court Reporter: Tracey Aurelio (JCG) |
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Filing 139
ENDORSED ORDER granting #138 Motion to add declarations. Movant should provide these to Plaintiff in final or draft form 72 hours earlier than their filing date, on the outside chance that Plaintiff would want to file some rebuttal. Signed by Judge William F. Jung on 4/28/2023. (Jung, William)
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| Filing 138 MOTION for Miscellaneous Relief, specifically for Leave to File Supplemental Exhibits by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Gorney, Elysse) |
| Filing 137 NOTICE of Rescheduled Telephonic Hearing (previously scheduled for 4/28/2023) on #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate. Motion Hearing set for 5/2/2023 at 01:30 PM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
| Filing 136 Joint NOTICE of Conflict with Rescheduled Telephonic Hearing Date (DKT. 135) on Plaintiff's Motion to Compel Discovery (DKT. 114) and request to reset the Hearing on May 1 or May 2, by MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc. re 135 Notice of hearing on motion (Swiger, Lindsay) Modified text on 4/27/2023 (SET). |
| Filing 135 NOTICE of Rescheduled Telephonic Hearing (due to Court conflict) on #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate. Motion Hearing set for 4/28/2023 at 10:30 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
| Filing 134 REPLY to Response to Motion re #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate filed by E-Telequote Insurance, Inc.. (Attachments: #1 Exhibit A-Updated ETQ Discovery Timeline, #2 Exhibit B-Conferral Email Chain, #3 Exhibit C-Pltf's Discovery Responses, #4 Exhibit D-Defs' Responses to 2d Discovery)(Zinober, Peter) |
| Filing 133 RESPONSE in Opposition re #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate filed by MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc. (Attachments: #1 Exhibit A - Emails dated February 24, 2023 to March 3, 2023, #2 Exhibit B - Plaintiff's Response to First Request for Production by Defendants Budwell, Mayberry, Cravey and Moore)(Mans, Lori) |
| Filing 132 ANSWER and affirmative defenses to #124 SECOND Amended Complaint by Rich Budwell, Alisa Cravey, Mario Gutierrez, Aubrey Mayberry, Jonathan Moore, John Tellez.(Gorney, Elysse) |
| Filing 131 ANSWER and affirmative defenses to #124 SECOND Amended Complaint by MyPlanAdvocate Insurance Services, Inc.(Swiger, Lindsay) |
| Filing 130 MEDIATION report Hearing held on 4/3/2023. Hearing outcome: Impasse. (Andersen, Jeffrey) Modified text on 4/12/2023 (LNR). |
| Filing 129 NOTICE of Telephonic Hearing on #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate. Motion Hearing set for 4/26/2023 at 9:00 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
| Filing 128 NOTICE canceling motion hearing scheduled for 3/30/2023. The hearing will be rescheduled by separate notice. (CCB) |
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Filing 127
ENDORSED ORDER: In light of the stipulation filed March 24, 2023 do the parties believe the hearing set for this Thursday, March 30 is helpful or necessary? Please email the chambers email to inform chambers, with a cc to Ms. Cindy Bedell at chambers. Signed by Judge William F. Jung on 3/27/2023. (Jung, William)
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Filing 126
ENDORSED ORDER adopting stipulation as to dates and timing that the parties filed March 24, 2023. Signed by Judge William F. Jung on 3/27/2023. (Jung, William)
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| Filing 125 STIPULATION regarding Mediation and Joint Motion for Extension of Various Deadlines pending Mediation by MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc. (Swiger, Lindsay) |
| Filing 124 AMENDED COMPLAINT (SECOND) against Defendants. Filed by E-Telequote Insurance, Inc. Related document: #36 Amended Complaint, filed by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit A: Defendant Mayberry Confidentiality and Ownership Agreement, #2 Exhibit B: Defendant Cravey Confidentiality and Ownership Agreement, #3 Exhibit C: Defendant Moore Confidentiality and Ownership Agreement, #4 Exhibit D: Defendant Gutierrez Confidentiality and Ownership Agreement, #5 Exhibit E: Defendant Tellez Confidentiality and Ownership Agreement, #6 Exhibit F: Defendant Budwell Confidentiality and Ownership Agreement)(Getty, John) |
| Filing 123 NOTICE of Telephonic Hearing on #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate. Motion Hearing set for 3/30/2023 at 9:00 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
| Filing 122 NOTICE canceling motion hearing scheduled for 3/22/2023. (CCB) |
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Filing 121
ENDORSED ORDER granting #119 Motion for Extension of Time to File Response to motion to compel. Response due by 3/24/2023. The hearing set for 3/22/2023 will be rescheduled by separate notice. Signed by Judge William F. Jung on 3/14/2023. (CCB)
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Filing 120
ENDORSED ORDER granting #118 Motion to Amend complaint. Plaintiff shall file the Second Amended Complaint as a standalone entry on the docket. Signed by Judge William F. Jung on 3/14/2023. (CCB)
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| Filing 119 Unopposed MOTION for Extension of Time to File Response/Reply as to #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate by MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc. (Swiger, Lindsay) Modified text on 3/15/2023 (SET). |
| Filing 118 Unopposed MOTION to Amend #36 Amended Complaint, by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit 1: Second Amended Complaint)(Getty, John) |
| Filing 117 NOTICE of Telephonic Hearing on #114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate. Motion Hearing set for 3/22/2023 at 11:00 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (CCB) |
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Filing 116
ENDORSED ORDER granting unopposed #115 Motion for Extension of Time to File written closing arguments and proposed orders on or before 3/29/2023. Signed by Judge William F. Jung on 3/8/2023. (CCB)
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| Filing 115 Unopposed MOTION for Extension of Time to File Their Closing Arguments and Proposed Orders by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Gorney, Elysse) |
| Filing 114 MOTION to Compel Compliant Discovery Responses, Full Document Production, and a Complete Privilege Log from MyPlanAdvocate by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Zinober, Peter) Modified text on 3/6/2023 (SET). |
| Filing 113 TRANSCRIPT of MOTION HEARING held on 12/22/22 before Judge WILLIAM F. JUNG. Court Reporter/Transcriber: TRACEY AURELIO. Email address: tracey_aurelio@flmd.uscourts.gov. Telephone number: 813-301-5448. NOTICE TO THE PARTIES - 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 available to the public without redaction after ninety (90) calendar days. 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 3/21/2023. Redacted Transcript Deadline set for 3/31/2023. Release of Transcript Restriction set for 5/30/2023. (TVA) |
| Filing 112 WAIVER of service returned executed on February 14, 2023 by E-Telequote Insurance, Inc. as to Mario Gutierrez. (Getty, John) |
| Filing 111 CORPORATE Disclosure Statement by Rich Budwell. (Gorney, Elysse) |
| Filing 110 CORPORATE Disclosure Statement by Aubrey Mayberry. (Gorney, Elysse) |
| Filing 109 CORPORATE Disclosure Statement by Jonathan Moore. (Gorney, Elysse) |
| Filing 108 CORPORATE Disclosure Statement by Alisa Cravey. (Gorney, Elysse) |
| Filing 107 CORPORATE Disclosure Statement by John Tellez. (Gorney, Elysse) |
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Filing 106
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 12/15/2023. Pretrial statement due by 4/4/2024. Final Pretrial Conference set for 4/11/2024 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Bench Trial set for 5/6/2024 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Conduct mediation hearing by 9/1/2023. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 1/24/2023. (CAH)
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| Filing 105 NOTICE by E-Telequote Insurance, Inc. re #28 MOTION for Preliminary Injunction of Filing Declaration of Records Custodian (Attachments: #1 Affidavit)(Abzun, Marielly) |
| Filing 104 CASE MANAGEMENT REPORT. (Getty, John) |
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Filing 103
ENDORSED ORDER granting unopposed #102 Motion to extend time to serve Defendant Mario Gutierrez up to and including 3/3/2023. Signed by Judge William F. Jung on 1/10/2023. (CCB)
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| Filing 102 Unopposed MOTION for Miscellaneous Relief, specifically Extension of Time to Serve Defendant Mario Gutierrez and Incorporated Memorandum of Law by E-Telequote Insurance, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Getty, John) |
| Filing 101 NOTICE canceling hearing scheduled for 1/4/2023. (CCB) |
| Filing 100 ANSWER and affirmative defenses to #36 Amended Complaint, by John Tellez.(Koepke, Alicia) |
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Filing 99
ENDORSED ORDER granting #82 Motion to Continue case management dates. See Doc. 98. Signed by Judge William F. Jung on 12/29/2022. (Jung, William)
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Filing 98
Order cancelling the 1/4/23 hearing. The Court will relax the substantive deadlines moving forward, depending upon the parties' (hopeful) agreement to amended dates. The parties should confer and suggest amendments to the case management schedule as to the substantive, merits handling/deadlines of the case. Please provide written suggestions to the Court by filing here no later than January 13, 2023.
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| Filing 97 Defense Exhibit List by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. Exhibits were previously filed at Doc. #84.(CAH) |
| Filing 96 Plaintiff's Exhibit List by E-Telequote Insurance, Inc.. (Attachments: #1 Exhibit 2-A, #2 Exhibit 2-B, #3 Exhibit 3-A, #4 Exhibit 3-B, #5 Exhibit 3-C, #6 Exhibit 4-A, #7 Exhibit 4-B, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12-A, #14 Exhibit 12-B, #15 Exhibit 12-C, #16 Exhibit 12-D, #17 Exhibit 12-E, #18 Exhibit 12-F, #19 Exhibit 12-G, #20 Exhibit 12-H, #21 Exhibit 13, #22 Exhibit 14, #23 Exhibit 15, #24 Exhibit 16, #25 Exhibit 17, #26 Exhibit 18, #27 Exhibit 20, #28 Exhibit 22, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 28, #33 Exhibit 29-A, #34 Exhibit 29-B, #35 Exhibit 29-C, #36 Exhibit 29-D, #37 Exhibit 29-E, #38 Exhibit 29-F, #39 Exhibit 29-G, #40 Exhibit 29-H, #41 Exhibit 29-I, #42 Exhibit 29-J, #43 Exhibit 29-K, #44 Exhibit 29-L, #45 Exhibit 29-M, #46 Exhibit 29-N, #47 Exhibit 29-O, #48 Exhibit 29-P, #49 Exhibit 29-Q, #50 Exhibit 29-R, #51 Exhibit 43, #52 Exhibit 44)(CAH) |
| Filing 95 Minute Entry. In Person Proceedings held before Judge William F. Jung: Evidentiary Hearing held on 12/22/2022. Court Reporter: Tracey Aurelio (CAH) |
| Filing 94 Exhibit List for the Preliminary Injunction Hearing by E-Telequote Insurance, Inc. (Getty, John) |
| Filing 93 REPLY to Response to Motion re #28 MOTION for Preliminary Injunction filed by E-Telequote Insurance, 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)(Getty, John) |
| Filing 92 Emergency MOTION for Miscellaneous Relief, specifically to Utilize Deposition Testimony and Declaration of Mary Darlene Keller in Lieu of Live Testimony by E-Telequote Insurance, Inc. (Getty, John) |
| Filing 91 Please be sure to confer with Mr. Houston to determine if the Court zoom system and license work. If not, you may have to set it up privately, like through a wi fi hotspot, etc. Signed by Judge William F. Jung on 12/20/2022. (Jung, William) |
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Filing 90
ENDORSED ORDER granting #89 Motion to Appear Virtually. Signed by Judge William F. Jung on 12/20/2022. (CCB)
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| Filing 89 Unopposed MOTION for John C. Getty (Witness Brie Susaeta nee Holt) to appear Virtually at December 22, 2022 Hearing on Plaintiff's Motion for Preliminary Injunction by E-Telequote Insurance, Inc. (Getty, John) |
| Filing 88 NOTICE of supplemental authority re #86 Response in Opposition to Motion by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Koepke, Alicia) |
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Filing 87
ENDORSED ORDER granting #85 unopposed Motion to File Excess Pages. Signed by Judge William F. Jung on 12/19/2022. (Jung, William)
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| Filing 86 RESPONSE in Opposition re #28 MOTION for Preliminary Injunction filed by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Koepke, Alicia) |
| Filing 85 Unopposed MOTION to File Excess Pages by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Koepke, Alicia) |
| Filing 84 Exhibit List by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (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 Part 1, #26 Exhibit 25 Part 2, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 35, #34 Exhibit 36, #35 Exhibit 37, #36 Exhibit 38, #37 Exhibit 39, #38 Exhibit 40, #39 Exhibit 41)(Koepke, Alicia) |
| Filing 83 NOTICE of Telephonic Hearing on #82 Joint MOTION to Continue Certain Pending Deadlines and to Schedule New Dates. Motion Hearing set for 1/4/2023 at 9:00 AM before Judge William F. Jung. (CCB) |
| Filing 82 Joint MOTION to Continue Certain Pending Deadlines and Request for Status Conference Post-Injunction Hearing to Schedule New Dates by E-Telequote Insurance, Inc. (Getty, John) Modified text on 12/9/2022 (SET). |
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Filing 81
ENDORSED ORDER finding as moot #67 Motion to Expedite; finding as moot #67 Motion to Continue; finding as moot #67 Motion for Extension of Time to File Response / Reply. The Court is under the impression that Doc. 67 has been resolved. If that is not the case, kindly email chambers, copy to all counsel. Signed by Judge William F. Jung on 12/6/2022. (Jung, William)
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Filing 80
ENDORSED ORDER granting #79 unopposed Motion for Extension of Time to File Response / Reply. Signed by Judge William F. Jung on 12/6/2022. (Jung, William)
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| Filing 79 Second MOTION for Extension of Time to File Response/Reply as to #36 Amended Complaint, by John Tellez. (Drushal, Amy) |
| Filing 78 NOTICE of Appearance by Marielly Abzun on behalf of E-Telequote Insurance, Inc. (Abzun, Marielly) |
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Filing 77
ORDER adopting stipulation with the Court's thanks. Signed by Judge William F. Jung on 11/27/2022. (Jung, William)
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| Filing 76 STIPULATION of the Parties Regarding Discovery and Presentation of Evidence at Preliminary Injunction Hearing by E-Telequote Insurance, Inc. (Getty, John) |
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Filing 74
ENDORSED ORDER granting #73 Motion for Extension of Time to File Response to complaint. Response due by 12/8/2022. Signed by Judge William F. Jung on 11/23/2022. (CCB)
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| Filing 73 Unopposed MOTION for Extension of Time to File Response/Reply as to #36 Amended Complaint, by John Tellez. (Drushal, Amy) |
| Filing 72 NOTICE of Appearance by Amy Lea Drushal on behalf of Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Drushal, Amy) |
| Filing 75 RETURN of service executed on 10/24/2022 by E-Telequote Insurance, Inc. as to John Tellez. (LNR) |
| Filing 71 Minute Entry. Telephonic Proceedings held before Judge William F. Jung: MOTION HEARING held on 11/22/2022 re #67 Emergency MOTION to Expedite Discovery MOTION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction MOTION for Extension of Time to File Response/Reply as to #28 MOTION for Preliminary Injunction filed by Jonathan Moore, Alisa Cravey, Rich Budwell, Aubrey Mayberry. Court Reporter: Tracey Aurelio (CAH) |
| Filing 70 NOTICE of Rescheduling Hearing (in person) on #28 MOTION for Preliminary Injunction. Motion Hearing set for 12/22/2022 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB) |
| Filing 69 PROOF of service by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit A)(Getty, John) |
| Filing 68 NOTICE of Telephonic Hearing on #67 Emergency MOTION to Expedite Discovery, MOTION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction, and MOTION for Extension of Time to File Response to #28 MOTION for Preliminary Injunction. Motion Hearing set for 11/22/2022 at 4:30 PM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
| Filing 67 Emergency MOTION to Expedite Discovery, MOTION to Continue Hearing on Plaintiff's Motion for Preliminary Injunction, MOTION for Extension of Time to File Response/Reply as to #28 MOTION for Preliminary Injunction by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Koepke, Alicia) |
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Filing 66
ENDORSED ORDER granting #42 Motion for Extension of Time to Answer. MyPlanAdvocate Insurance Solutions, Inc.'s and MyPlanAdvocate Insurance Services, Inc.'s answer or response due 11/21/2022. Signed by Judge William F. Jung on 11/18/2022. (CCB)
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Filing 65
ENDORSED ORDER finding as moot #54 Motion for Joinder. Signed by Judge William F. Jung on 11/18/2022. (Jung, William)
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| Filing 64 NOTICE of Appearance by Eric S. Koenig on behalf of Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Koenig, Eric) |
| Filing 63 NOTICE of Designation as Lead Counsel and Appearance by Alicia Howell Koepke on behalf of Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Koepke, Alicia) |
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Filing 62
ORDER granting in part and denying in part #45 Motion to Withdraw as Attorney. The Motion is granted to the extent that Attorney Evans may withdraw as counsel and is otherwise denied. The Clerk is directed to terminate Attorney Evans as counsel of record for Defendants Mayberry, Cravey, Budwell, and Moore, and Attorney Evans is relieved of any further responsibility to represent Defendants in this case. Signed by Magistrate Judge Julie S. Sneed on November 16, 2022. (DD)
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Filing 61
ENDORSED ORDER denying #52 Motion. Signed by Judge William F. Jung on 11/14/2022. (Jung, William)
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| Filing 60 RESPONSE in Opposition re #54 MOTION for Joinder in MyPlanAdvocate Insurance Services, Inc. and MyPlanAdvocate Insurance Solutions, Inc.'s Emergency Motion to Reschedule December 1, 2022 Hearing on Plaintiff's Motion for Preliminary Injunction, Motion for Protective O rder Regarding Plaintiff's Notices of Deposition, and Request for Status Conference filed by E-Telequote Insurance, Inc.. (Getty, John) |
| Filing 59 ANSWER and affirmative defenses to #36 Amended Complaint, by MyPlanAdvocate Insurance Services, Inc.,, MyPlanAdvocate Insurance Solutions, Inc..(Swiger, Lindsay) |
| Filing 58 NOTICE by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore re 57 Order on Motion to Withdraw as Attorney, (Evans, D.) |
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Filing 57
ENDORSED ORDER taking under advisement #45 Motion to Withdraw as Attorney. See Docket 56. Parties for the attorneys who seek to withdraw should affirm they have new attorneys lined up who can handle a December discovery schedule and hearing. Such affirmation is due no later than noon November 14, 2022. See Doc. 56. Signed by Judge William F. Jung on 11/11/2022. (Jung, William) Modified on 11/11/2022 (Jung, William).
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Filing 56
ENDORSED ORDER taking under advisement #52 Motion extension of discovery and time for hearing. No later than noon November 14, 2022 Movants and the original defendants should provide 5 dates in the month of December 2022 at which the hearing on the preliminary injunction could be scheduled. If Movants and original defendants are unable to provide same, the schedule may have to stay as set. Signed by Judge William F. Jung on 11/11/2022. (Jung, William) Modified on 11/11/2022 (Jung, William).
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| Filing 55 RESPONSE in Opposition re #52 Emergency MOTION for Miscellaneous Relief, specifically EMERGENCY MOTION TO RESCHEDULE DECEMBER 1, 2022 HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, MOTION FOR PROTECTIVE ORDER REGARDING PLAINTIFF'S NOTICES OF DEPOSITION, AND REQ filed by E-Telequote Insurance, 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)(Getty, John) |
| Filing 54 MOTION for Joinder in MyPlanAdvocate Insurance Services, Inc. and MyPlanAdvocate Insurance Solutions, Inc.'s Emergency Motion to Reschedule December 1, 2022 Hearing on Plaintiff's Motion for Preliminary Injunction, Motion for Protective Order Regarding Plaintiff's Notices of Deposition, and Request for Status Conference by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Evans, D.) |
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Filing 53
ENDORSED ORDER directing E-Telequote Insurance, Inc. to respond in writing to the #52 Emergency MOTION TO RESCHEDULE DECEMBER 1, 2022 HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, MOTION FOR PROTECTIVE ORDER REGARDING PLAINTIFF'S NOTICES OF DEPOSITION. Response due by close of business tomorrow, 11/10/2022. Signed by Judge William F. Jung on 11/9/2022. (CCB)
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| Filing 52 Emergency MOTION for Miscellaneous Relief, specifically EMERGENCY MOTION TO RESCHEDULE DECEMBER 1, 2022 HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION, MOTION FOR PROTECTIVE ORDER REGARDING PLAINTIFF'S NOTICES OF DEPOSITION, AND REQUEST FOR STATUS CONFERENCE AND INCORPORATED MEMORANDUM OF LAW by MyPlanAdvocate Insurance Services, Inc.,, MyPlanAdvocate Insurance Solutions, Inc.. (Mans, Lori) |
| Filing 51 SUPPLEMENT re #45 MOTION for D. Porpoise Evans to Withdraw as Attorney by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Evans, D.) |
| Filing 50 RESPONSE in Opposition re #45 MOTION for D. Porpoise Evans to Withdraw as Attorney filed by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit 1-October 10, 2022 E-Mail String, #2 Exhibit 2-November 1, 2022 E-mail Correspondence, #3 Exhibit 3-November 4, 2022 Service of Discovery Document E-mail)(Getty, John) |
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Filing 49
ENDORSED ORDER directing supplement to #45 Motion to Withdraw as Counsel for Defendants Budwell, Cravey, Mayberry, and Moore within seven days to include additional information pursuant to Middle District of Florida Local Rule 2.02(c)(1)(B) and a certification of conferring with the opposing party as required by Middle District of Florida Local Rule 3.01(g). Signed by Magistrate Judge Julie S. Sneed on November 8, 2022. (DD)
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| Filing 46 NOTICE of Unavailability of Counsel by MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc. (Mans, Lori) |
| Filing 48 RETURN of service executed on 10/17/2022 by E-Telequote Insurance, Inc. as to MyPlanAdvocate Insurance Solutions, Inc. (LNR) |
| Filing 47 RETURN of service executed on 10/17/22 by E-Telequote Insurance, Inc. as to MyPlanAdvocate Insurance Services, Inc. (LNR) |
| Filing 45 MOTION for D. Porpoise Evans to Withdraw as Attorney by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (Attachments: #1 Text of Proposed Order Granting Motion To Withdraw)(Evans, D.) Motions referred to Magistrate Judge Julie S. Sneed. |
| Filing 44 PROOF of service by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit A: Affidavit of Service upon Defendant, MyPlanAdvocate Insurance Solutions, Inc.)(Getty, John) |
| Filing 43 PROOF of service by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit A: Affidavit of Service upon Defendant, MyPlanAdvocate Insurance Services, Inc.)(Getty, John) |
| Filing 42 Unopposed MOTION for Extension of Time to File Answer re #36 Amended Complaint, by MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc. (Mans, Lori) |
| Filing 41 ANSWER and affirmative defenses with Jury Demand to #36 Amended Complaint, by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore.(Evans, D.) |
| Filing 40 NOTICE of Appearance by Lindsay Dennis Swiger on behalf of MyPlanAdvocate Insurance Services, Inc., (Swiger, Lindsay) |
| Filing 39 NOTICE of hearing (in person) on #28 MOTION for Preliminary Injunction. Motion Hearing set for 12/1/2022 at 1:00 PM in Tampa Courtroom 15 B before Judge William F. Jung. All afternoon reserved.(CCB) |
| Filing 38 SUMMONS issued as to Mario Gutierrez, MyPlanAdvocate Insurance Services, Inc., MyPlanAdvocate Insurance Solutions, Inc., John Tellez. (LNR) |
| Filing 37 NOTICE by E-Telequote Insurance, Inc. re #28 MOTION for Preliminary Injunction , #33 Status Conference of Proposed Hearing Dates / JOINT (Getty, John) |
| Filing 36 AMENDED COMPLAINT for Injunctive and Other Relief against All Defendants filed by E-Telequote Insurance, Inc. Related document: #1 Complaint filed by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit A-Agreement executed by Mayberry, #2 Exhibit B-Agreement executed by Cravey, #3 Exhibit C-Agreement executed by Moore, #4 Exhibit D-Agreement executed by Gutierrez, #5 Exhibit E-Agreement executed by Tellez, #6 Exhibit F-Excerpts of Separation Agreement executed by Budwell, #7 Proposed Summons Mario Gutierez, #8 Proposed Summons John Tellez, #9 Proposed Summons MyPlan Advocate Insurance Services, Inc., #10 Proposed Summons MyPlan Advocate Insurance Solutions, Inc.)(Getty, John) |
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Filing 35
ENDORSED ORDER granting unopposed #34 Motion to Amend complaint. Plaintiff shall file the First Amended Complaint as a standalone entry on the docket. Signed by Judge William F. Jung on 10/11/2022. (CCB)
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| Filing 34 Unopposed MOTION to Amend #1 Complaint, for Injunctive and other relief by E-Telequote Insurance, Inc.. (Attachments: #1 Exhibit Exhibit "1" - Proposed First Amended Complaint)(Getty, John) |
| Filing 33 Minute Entry. Telephonic Proceedings held before Judge William F. Jung: STATUS CONFERENCE held on 10/5/2022. Court Reporter: Tana Hess (CAH) |
| Filing 32 NOTICE OF RESCHEDULING TELEPHONIC HEARING (due to Hurricane Ian): The status conference hearing previously scheduled for 9/29/2022 is rescheduled. New scheduling date and time: Status Conference set for 10/5/2022 at 9:00 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
| Filing 31 NOTICE by E-Telequote Insurance, Inc. re #28 MOTION for Preliminary Injunction FILING "EXHIBIT A" (Attachments: #1 Exhibit A to Exhibit 3 Declaration of Alicia Ana Peabody)(Getty, John) |
| Filing 30 NOTICE OF RESCHEDULING HEARING (per parties' request): The status conference previously scheduled for 9/28/2022 is rescheduled. New scheduling date and time: Telephonic Status Conference set for 9/29/2022 at 10:00 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
| Filing 29 NOTICE of Telephonic Hearing: Status Conference set for 9/28/2022 at 2:00 PM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB) |
| Filing 28 MOTION for Preliminary Injunction by E-Telequote Insurance, Inc.. (Attachments: #1 Exhibit 1 (Decl. of Darlene Keller), #2 Exhibit 1-1, #3 Exhibit 1-2, #4 Exhibit 1-3, #5 Exhibit 1-4, #6 Exhibit 1-5, #7 Exhibit 2 (Decl. of Brieanna Susaeta), #8 Exhibit 3 (Decl. of Ana Peabody))(Getty, John) |
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Filing 27
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 3/3/2023. Pretrial statement due by 7/6/2023. Final Pretrial Conference set for 7/13/2023 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Jury Trial set for 8/7/2023 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Conduct mediation hearing by 2/10/2023. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 8/17/2022. (CAH)
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| Filing 26 CASE MANAGEMENT REPORT. (Zinober, Peter) |
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Filing 25
ENDORSED ORDER granting #24 Motion to extend time to file the case management report on or before 8/16/2022. Signed by Judge William F. Jung on 8/16/2022. (CCB)
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| Filing 24 Unopposed MOTION for Extension of Time to File Case Management Report by E-Telequote Insurance, Inc. (Getty, John) |
| Filing 23 ANSWER and affirmative defenses to #1 Complaint, with Jury Demand by Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore.(Evans, D.) |
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Filing 22
ENDORSED ORDER granting #21 Motion for Extension of Time to File Response to complaint. Response due by 7/5/2022. Signed by Judge William F. Jung on 7/1/2022. (CCB)
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| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by All Defendants. (Attachments: #1 Text of Proposed Order)(Evans, D.) |
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Filing 20
ENDORSED ORDER granting #19 Motion for Extension of Time to File Response to complaint. Response due by 6/30/2022. Signed by Judge William F. Jung on 6/23/2022. (CCB)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by All Defendants. (Attachments: #1 Text of Proposed Order Proposed Order on Unopposed Motion for Extension of Time to Respond to Complaint)(Evans, D.) |
| Filing 18 Minute Entry. Telephonic Proceedings held before Judge William F. Jung: STATUS CONFERENCE held on 6/21/2022. Court Reporter: Tracey Aurelio (CAH) |
| Filing 17 RETURN of service executed on 6/2/22 by E-Telequote Insurance, Inc. as to Aubrey Mayberry. (LNR) |
| Filing 16 RETURN of service executed on 6/1/22 by E-Telequote Insurance, Inc. as to Jonathan Moore. (LNR) |
| Filing 15 RETURN of service executed on 6/1/22 by E-Telequote Insurance, Inc. as to Rich Budwell. (LNR) |
| Filing 14 RETURN of service executed on 6/1/22 by E-Telequote Insurance, Inc. as to Alisa Cravey. (LNR) |
| Filing 13 PROOF of service by E-Telequote Insurance, Inc. (Attachments: #1 Exhibit Verified Returns of Service)(Getty, John) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by E-Telequote Insurance, Inc. Related case(s): No (Zinober, Peter) |
| Filing 11 NOTICE OF RESCHEDULING TELEPHONIC HEARING: The status conference previously scheduled for 6/15/2022 is rescheduled. New scheduling date and time: Status Conference set for 6/21/2022 at 8:30 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (CCB) |
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Filing 10
ORDER appointing J. Carter Andersen as mediator in this action. Signed by Judge William F. Jung on 6/2/2022. (CCB)
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| Filing 9 NOTICE of Telephonic Hearing: Status Conference set for 6/15/2022 at 11:00 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1222 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (CCB) |
| 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). (CAH) |
| Filing 7 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). (CAH) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by E-Telequote Insurance, Inc. identifying Corporate Parent Primerica for E-Telequote Insurance, Inc. (Getty, John) |
| Filing 5 NOTICE of Lead Counsel Designation by Peter W. Zinober on behalf of E-Telequote Insurance, Inc.. Lead Counsel: Peter W. Zinober. (Zinober, Peter) |
| Filing 4 SUMMONS issued as to Rich Budwell, Alisa Cravey, Aubrey Mayberry, Jonathan Moore. (BD) |
| Filing 3 NOTICE to Counsels 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 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Julie S. Sneed. New case number: 8:22-cv-1222-WFJ-JSS. (SJB) |
| Filing 1 COMPLAINT for Injunctive and other relief against Alisa Cravey, Aubrey Mayberry, Jonathan Moore, Rich Budwell (Filing fee $402 receipt number AFLMDC-19615385) filed by E-Telequote Insurance Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A: Defendant Mayberry Confidentiality and Ownership Agreement, #3 Exhibit B: Defendant Cravey Confidentiality and Ownership Agreement, #4 Exhibit C: Defendant Moore Confidentiality and Ownership Agreement, #5 Exhibit D: Defendant Budwell Separation Agreement and Release, #6 Proposed Summons of Aubrey Mayberry, #7 Proposed Summons of Alisa Cravey, #8 Proposed Summons of Rich Budwell, #9 Proposed Summons of Jonathan Moore)(Getty, John) Modified on 5/26/2022 to correct docket text (BD). |
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