P.R. Steelecoat, Inc. v. Intuit Inc.
| P.R. Steelecoat, Inc. |
| Intuit Inc. |
| 8:2022cv01249 |
| May 31, 2022 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Thomas G Wilson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 24
ENDORSED ORDER: Pursuant to Federal Rule of Civil Procedure 41(a) and the "Joint Stipulation for Dismissal" (Doc. #23), this case is dismissed with prejudice, with each party to bear its own attorney's fees and costs. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 11/15/2022. (ANL)
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| Filing 23 STIPULATION of Dismissal by P.R. Steelecoat, Inc.. (Schifino, John) |
| Filing 22 AMENDED COMPLAINT against Intuit Inc. filed by P.R. Steelecoat, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schifino, John) Modified text on 11/4/2022 (MCB). |
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Filing 21
ENDORSED ORDER: "Plaintiff's Unopposed Motion for Leave to File Amended Complaint" (Doc. #20) is granted. Plaintiff is directed to file its amended complaint on or before November 4, 2022. Signed by Judge Thomas P. Barber on 11/1/2022. (EKB)
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| Filing 20 Unopposed MOTION to Amend #1 Notice of Removal, Complaint by P.R. Steelecoat, Inc.. (Attachments: #1 Exhibit)(Schifino, John) |
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Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 7/28/2023; Dispositive motions due by 9/1/2023; Plaintiff disclosure of expert report due by 2/24/2023; Defendant disclosure of expert report due by 3/31/2023; Rebuttal disclosure of expert report due by 4/28/2023; Pretrial Conference set for JANUARY 22, 2024, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Trial set for term commencing 2/5/2024 before Judge Thomas P. Barber. The parties anticipate a JURY TRIAL will take 3 days to complete. Conduct mediation hearing by 8/15/2023. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 9/1/2022. (SRC)
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| Filing 18 NOTICE of hearing: Case Management Conference set for NOVEMBER 16, 2022, at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 17 Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: INITIAL CASE MANAGEMENT CONFERENCE held on 8/24/2022. Court Reporter: Rebekah Lockwood (SRC) |
| Filing 16 ANSWER and affirmative defenses to Complaint by Intuit Inc..(Bernet, Mark) |
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Filing 15
ENDORSED ORDER: "Defendant's Motion to Dismiss Count II" (Doc. #14) is denied. Defendant is correct in noting in its motion to dismiss that Count II (breach of covenant of good faith and fair dealing) is duplicative of Count I (breach of contract). Defendant is also correct in noting that Plaintiff "does not allege anywhere, nor is it otherwise apparent, that Count II is seeking any different relief based on any different factual allegations... [t]hey are the same claim, both grounded upon the same allegations." As such, it appears that Count II is unnecessary, should not have been filed, and the motion to dismiss certainly could be granted. However, since Count II is duplicative of Count I and does not seek any different relief from Count I, dismissal is unnecessary and inconsistent with Rule 1, Fed. R. Civ. P., which mandates the speedy, and inexpensive determination of this action. A response to the instant motion by Plaintiff is unnecessary and shall not be filed. Defendant is directed to file an answer to the complaint on or before August 24, 2022. Signed by Judge Thomas P. Barber on 8/12/2022. (AIH)
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| Filing 14 MOTION to Dismiss Count II of the Plaintiff's Complaint by Intuit Inc.. (Bernet, Mark) |
| Filing 13 NOTICE of hearing: Initial Case Management Conference set for AUGUST 24, 2022, at 09:30 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 12 CASE MANAGEMENT REPORT. (Bennett, Justin) |
| Filing 11 CORPORATE Disclosure Statement by Intuit Inc. identifying Other Affiliate Intuit Inc., Other Affiliate Applatix, Inc., Other Affiliate CBS Employer Services, Inc., Other Affiliate Chrono LLC, Other Affiliate CK Progress, Inc., Other Affiliate Credit Karma, LLC, Other Affiliate Credit Karma Insurance Services, LLC d/b/a Karma Insurance Services, LLC, Other Affiliate Credit Karma Offers, Inc., Other Affiliate Credit Karma Technologies, Ltd., Other Affiliate Credit Karma Mortgage, Inc., Other Affiliate Credit Karma UK Holdings Limited, Other Affiliate Credit Karma UK Limited, Other Affiliate Computing Resources, Inc., Other Affiliate Electronic Clearing House, LLC, Other Affiliate Exactor, Inc., Other Affiliate Exactor (Canada) Inc., Other Affiliate Global Karma, Inc., Other Affiliate Haven Money, Inc., Other Affiliate IFI Borrower SPV I, LLC, Other Affiliate Intuit Australia Pty Limited, Other Affiliate Intuit Brasil Servios de Informtica Ltda., Other Affiliate Intuit Canada ULC, Other Affiliate Intuit Consumer Group LLC, Other Affiliate Intuit (Check) Software Ltd., Other Affiliate Intuit Do-It-Yourself Payroll, Other Affiliate Intuit Financing Inc., Other Affiliate Intuit France SAS, Other Affiliate Intuit Holding Ltd, Other Affiliate Intuit India Product Development Centre Private Ltd., Other Affiliate Intuit India Software Solutions Private Limited, Other Affiliate Intuit India Technology and Services LLP, Other Affiliate Intuit Insurance Services Inc., Other Affiliate Intuit Limited, Other Affiliate Intuit Mint Bills, Inc., Other Affiliate Intuit Mint Bills Payments, Inc., Other Affiliate Intuit Mortgage Inc., Other Affiliate Intuit Payment Solutions, LLC, Other Affiliate Intuit Payments Inc., Other Affiliate Intuit Payroll Holding, LLC, Other Affiliate Intuit Payroll Services, LLC, Other Affiliate Intuit QuickBooks Mexico, Sociedad de Responsabilidad Limitada de Capital Variable, Other Affiliate Intuit Sales Tax LLC, Other Affiliate Intuit TT Offerings Inc., Other Affiliate Lacerte Software Corporation, Other Affiliate Lion's Partners LLC, Other Affiliate Maple Leaf Meerkat, LLC, Other Affiliate Mint Software Inc., Other Affiliate Origami Logic Inc., Other Affiliate Origami Logic Ltd., Other Affiliate Origami Logic (Thailand) Co., Ltd, Other Affiliate PayCycle, Inc., Other Affiliate Payroll Solution, Inc., Other Affiliate Quincy Data Center, LLC, Other Affiliate Tech Approved Technologies, Inc., Other Affiliate The Rocket Science Group LLC d/b/a Mailchimp, Other Affiliate TSheets Holdco Inc., Other Affiliate TSheets.com, LLC for Intuit Inc... (Attachments: #1 Exhibit A)(Bernet, Mark) |
| Filing 10 CORPORATE Disclosure Statement by P.R. Steelecoat, Inc.. (Bennett, Justin) |
| Filing 9 NOTICE of Appearance by Justin Patrick Bennett on behalf of P.R. Steelecoat, Inc. (Bennett, Justin) |
| Filing 8 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). (SRC) |
| Filing 7 NOTICE of Lead Counsel Designation by Mark James Bernet on behalf of Intuit Inc.. Lead Counsel: Mark J. Bernet. (Bernet, Mark) |
| Filing 6 NOTICE of Appearance by Daniel Paul Dietrich on behalf of P.R. Steelecoat, Inc. (Dietrich, Daniel) |
| Filing 5 NOTICE to counsel 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). (LD) |
| Filing 4 NOTICE of Designation as Lead Counsel and Appearance by John A. Schifino on behalf of P.R. Steelecoat, Inc. (Schifino, John) |
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Filing 3
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 5/31/2022. (ABC)
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| Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Thomas G. Wilson. New case number: 8:22-cv-1249-TPB-TGW. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 22-CA-003441 filed in State Court on 04/27/22. Filing fee $402, receipt number AFLMDC-19624989 filed by Intuit Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 State Court COMPLAINT, #7 State Court Other Documents)(Bernet, Mark) |
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| Plaintiff: P.R. Steelecoat, Inc. | |
| Represented By: | John A. Schifino |
| Represented By: | Daniel Paul Dietrich |
| Represented By: | Justin Patrick Bennett |
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| Defendant: Intuit Inc. | |
| Represented By: | Mark James Bernet |
| Represented By: | Patrick Sherman Brathwaite |
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