Hattaway v. APYX Medical Corporation et al
| William E Hattaway and William E. Hattaway |
| APYX Medical Corporation, Charles D Goodwin II, Tara Semb and Charles D. Goodwin, II |
| 8:2022cv01298 |
| June 6, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| William F Jung |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
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Filing 57
ORDER granting in part and denying in part #45 Motion to Dismiss. Plaintiff's Amended Complaint #42 is dismissed without prejudice. If Plaintiff so chooses, he may file a second amended complaint on or before July 3, 2023, in default of which the Court will close this case. Signed by Judge William F. Jung on 6/15/2023. (LG)
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Filing 56
TRANSCRIPT of MOTION HEARING held on 6/1/23 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 6/27/2023. Redacted Transcript Deadline set for 7/7/2023. Release of Transcript Restriction set for 9/5/2023. (TVA)
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Filing 55
Minute Entry. In Person Proceedings held before Judge William F. Jung: MOTION HEARING held on 6/1/2023 re #51 Joint MOTION for Hearing re #45 MOTION to Dismiss Amended Complaint (In-Person) filed by Tara Semb, APYX Medical Corporation, Charles D. Goodwin, II. Court Reporter: Tracey Aurelio (JCG)
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Filing 54
REPLY to Response to Motion re #45 MOTION to Dismiss Amended Complaint filed by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Kotler, Meredith)
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Filing 53
NOTICE of Hearing (in-person) on #45 MOTION to Dismiss Amended Complaint. Motion Hearing set for 6/1/2023 at 10:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB)
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Filing 52
ENDORSED ORDER granting #51 Motion for In-Person Hearing. Separate notice to follow. Signed by Judge William F. Jung on 4/20/2023. (CCB)
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Filing 51
Joint MOTION for Hearing re #45 MOTION to Dismiss Amended Complaint (In-Person) by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Mehta, Jason)
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Filing 50
MEMORANDUM in opposition re #45 Motion to Dismiss filed by William E. Hattaway. (Sams, Ex Kano)
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Filing 49
ENDORSED ORDER granting #48 Motion to Withdraw as Attorney. Attorney Kyle Robisch terminated. Signed by Magistrate Judge Sean P. Flynn on 3/10/2023. (CED)
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Filing 48
MOTION for Kyle W. Robisch to Withdraw as Attorney by All Defendants. (Robisch, Kyle) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 47
NOTICE of Rescheduling Telephonic Hearing (previously set for 3/30/2023) on #45 MOTION to Dismiss Amended Complaint. Motion Hearing set for 5/23/2023 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: 1298 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB)
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Filing 46
NOTICE of Telephonic Hearing on #45 MOTION to Dismiss Amended Complaint. 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: 1298 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing.(CCB)
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Filing 45
MOTION to Dismiss Amended Complaint by All Defendants. (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, #26 Annex A)(Kotler, Meredith)
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Filing 44
ENDORSED ORDER granting #43 Motion to File Excess Pages. Signed by Judge William F. Jung on 2/7/2023. (CCB)
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Filing 43
Unopposed MOTION to File Excess Pages for Motion to Dismiss Filings by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Mehta, Jason)
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Filing 42
AMENDED COMPLAINT against APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb with Jury Demand. filed by William E. Hattaway. Related document: #1 Complaint, filed by William E. Hattaway.(Sams, Ex Kano)
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Filing 41
ORDER granting #40 Motion and setting schedule for filing of amended complaint and briefing. Signed by Judge William F. Jung on 10/13/2022. (CCB)
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Filing 40
Unopposed MOTION for Miscellaneous Relief, specifically Setting Schedule for Amended Complaint and Motion to Dismiss Briefing (Joint) by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Attachments: #1 Text of Proposed Order)(Mehta, Jason)
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Filing 39
NOTICE of Lead Counsel Designation by Ex Kano S. Sams, II on behalf of William E. Hattaway. Lead Counsel: Ex Kano S. Sams II. (Sams, Ex Kano)
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Filing 38
NOTICE to counsel Ex Kano S. Sams II Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (SET)
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Filing 37
ENDORSED ORDER granting #36 Motion to Appear Pro Hac Vice. Attorney Ex Kano S. Sams II may appear pro hac vice on behalf of Plaintiff. Within twenty-one days from the date of this Order, counsel shall comply with the electronic filing registration requirement of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 10/11/2022. (CED)
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Filing 36
Unopposed MOTION for Ex Kano S. Sams II to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20073104 for $150 by William E. Hattaway. (Desmond, Leo) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 35
ORDER granting #32 Motion for Appointment as Lead Plaintiff and Approval of Counsel. Signed by Magistrate Judge Sean P. Flynn on 10/4/2022. (CED)
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Filing 34
NOTICE that WILLIAM E. HATTAWAY'S Motion for Appointment is not Opposed by William E. Hattaway re #32 MOTION to Appoint Counsel MOTION for Miscellaneous Relief, specifically Appoint Lead Plaintiff (Desmond, Leo)
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Filing 33
MEMORANDUM in support re #32 Motion to Appoint Counsel Motion for Miscellaneous Relief, filed by William E. Hattaway. (Desmond, Leo)
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Filing 32
MOTION to Appoint Counsel , MOTION for Miscellaneous Relief, specifically Appoint Lead Plaintiff by William E. Hattaway. (Attachments: #1 Declaration of Leo W. Desmond, #2 Exhibit A of Declaration, #3 Exhibit B of Declaration, #4 Exhibit C of Declaration, #5 Exhibit D of Declaration)(Desmond, Leo) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 8/8/2022 (BES).
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Filing 31
NOTICE of compliance re 19 Order on Motion to Appear Pro Hac Vice, by William E. Hattaway (Cruz, Frank)
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Filing 30
NOTICE of compliance re 19 Order on Motion to Appear Pro Hac Vice, by William E. Hattaway (Sadler, Casey)
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Filing 29
NOTICE of compliance re 22 Order on Motion to Appear Pro Hac Vice, by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb (Kotler, Meredith)
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Filing 28
NOTICE of compliance re 22 Order on Motion to Appear Pro Hac Vice, by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb (Tracy, Marques)
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Filing 27
ORDER granting #26 Motion regarding service and further proceedings in accordance with the attached order. Signed by Judge William F. Jung on 7/12/2022. (CCB)
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Filing 26
Joint MOTION for Miscellaneous Relief, specifically Regarding Service and Further Proceedings Unopposed by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Mehta, Jason)
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Filing 25
NOTICE of Lead Counsel Designation by Jason Paul Mehta on behalf of APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. Lead Counsel: Meredith E. Kotler. (Mehta, Jason)
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Filing 24
NOTICE of Lead Counsel Designation by Casey E. Sadler on behalf of William E. Hattaway. Lead Counsel: Casey E. Sadler. (Sadler, Casey)
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Filing 23
CERTIFICATE of interested persons and corporate disclosure statement by William E. Hattaway. (Sadler, Casey)
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Filing 22
ENDORSED ORDER granting #20 Motion to Appear Pro Hac Vice; granting #21 Motion to Appear Pro Hac Vice. Attorney Kotler and Attorney Tracy may appear pro hac vice on behalf of Defendants. Within twenty-one (21) days of the date of this Order, counsel shall comply with the electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 7/7/2022. (CED)
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Filing 21
Unopposed MOTION for Marques Tracy to appear pro hac vice by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Attachments: #1 Special Admission Fee Paid Receipt)(Mehta, Jason) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 20
Unopposed MOTION for Meredith E. Kotler to appear pro hac vice by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Attachments: #1 Special Admission Fee Paid Receipt)(Mehta, Jason) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 19
ENDORSED ORDER granting #16 Motion to Appear Pro Hac Vice; granting #17 Motion to Appear Pro Hac Vice. Attorney Cruz and Attorney Sadler 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 electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 7/7/2022. (CED)
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Filing 18
ENDORSED ORDER denying without prejudice #12 Motion to Appear Pro Hac Vice; denying without prejudice #13 Motion to Appear Pro Hac Vice. The motions fail to comply with Local Rule 2.01(c)(5). See Local Rule 2.01(b)(1)(C)-(E). Signed by Magistrate Judge Sean P. Flynn on 7/7/2022. (CED)
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Filing 17
Unopposed MOTION for Frank R. Cruz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19746154 for $150 by William E. Hattaway. (Desmond, Leo) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 16
MOTION for Casey E. Sadler to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19746153 for $150 by William E. Hattaway. (Desmond, Leo) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 15
CERTIFICATE of interested persons and corporate disclosure statement by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Mehta, Jason)
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Filing 14
STIPULATION re #1 Complaint, and [Proposed] Order Regarding Response to Complaint and Briefing Schedule by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Mehta, Jason)
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Filing 13
Unopposed MOTION for Marques Tracy to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19739707 for $150 by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Mehta, Jason) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 12
Unopposed MOTION for Meredith E. Kotler to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19739651 for $150 by APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb. (Mehta, Jason) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 11
NOTICE of Appearance by Kyle Robisch on behalf of APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb (Robisch, Kyle)
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Filing 10
NOTICE of Appearance by Jason Paul Mehta on behalf of APYX Medical Corporation, Charles D. Goodwin, II, Tara Semb (Mehta, Jason)
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Filing 9
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)
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Filing 8
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)
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Filing 7
SUMMONS issued as to Tara Semb. (SEG)
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Filing 6
SUMMONS issued as to Charles D. Goodwin, II. (SEG)
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Filing 5
SUMMONS issued as to APYX Medical Corporation. (SEG)
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Filing 4
NOTICE to counsel Leo W. Desmond, Esquire, Casey E. Sadler, Frank R. Cruz 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). (SEG)
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Filing 3
NOTICE to counsel Frank R. Cruz 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). (SEG)
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Filing 2
NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-1298-WFJ-SPF. (SJB)
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Filing 1
COMPLAINT (CLASS ACTION) against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-19644544) filed by William E. Hattaway. (Attachments: #1 Affidavit, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons)(Desmond, Leo) Modified text on 6/7/2022 (SEG).
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