Derriman v. Mizzen and Main LLC
Plaintiff: Ryan Derriman
Defendant: Mizzen and Main LLC
Case Number: 8:2023cv01132
Filed: May 22, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Charlene Edwards Honeywell
Referring Judge: Mac R McCoy
Nature of Suit: Other Statutes: Arbitration
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Account Receivable
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 18, 2023 Opinion or Order Filing 32 ENDORSED ORDER granting #31 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Compel Individual Arbitration and Dismiss Plaintiff's First Amended Complaint. Plaintiff's response is now due on or before 7/31/2023. Signed by Judge Charlene Edwards Honeywell on 7/18/2023. (AB)
July 18, 2023 Filing 31 First MOTION for Extension of Time to File Respond to Defendant's Motion to Compel Individual Arbitration and Dismiss Plaintiff's First Amended Complaint , MOTION to File Excess Pages , MOTION for Extension of Time to File Response/Reply by Ryan Derriman. (Raslavich, Benjamin) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 7/19/2023 to remove incorrect punctuation. (LD).
July 7, 2023 Opinion or Order Filing 30 TEXT ORDER denying as moot and without prejudice #23 Plaintiff's Motion to Compel Defendant's Compliance with Case Management Requirements and for Leave to Commence Discovery in light of the Court's Order of equal date. (See Doc. 29). Signed by Magistrate Judge Mac R. McCoy on 7/7/2023. (CM)
July 7, 2023 Opinion or Order Filing 29 ENDORSED ORDER granting #27 Defendant Mizzen and Main LLC's Motion to Stay Discovery and Other Case Deadlines. The Court finds good cause to grant the motion without awaiting a response. The Court finds good cause to stay discovery and other case related deadlines, including the obligation to participate in a Rule 26(f) conference, pending the resolution of Defendant Mizzen and Main LLC's Motion to Compel Individual Arbitration and Dismiss Plaintiff's First Amended Complaint (Doc. #25). In the event the Court denies the motion on its merits, the parties must conduct a Rule 26(f) conference and file a Case Management Report within 14 days of the Court's Order. Signed by Magistrate Judge Mac R. McCoy on 7/7/2023. (CM)
July 5, 2023 Filing 28 CERTIFICATE of counsel re #25 MOTION to Compel Individual Arbitration and Dismiss Plaintiff's First Amended Complaint , #27 MOTION to Stay Discovery and Other Case Deadlines Supplemental Certificate of Conference by Dennis D Leone on behalf of Mizzen and Main LLC (Leone, Dennis)
July 3, 2023 Filing 27 MOTION to Stay Discovery and Other Case Deadlines by Mizzen and Main LLC. (Leone, Dennis) Motions referred to Magistrate Judge Mac R. McCoy.
July 3, 2023 Filing 26 RESPONSE to Motion re #23 MOTION to Compel Compliance with Case Management Requirements and for Leave to Commence Discovery filed by Mizzen and Main LLC. (Leone, Dennis)
July 3, 2023 Filing 25 MOTION to Compel Individual Arbitration and Dismiss Plaintiff's First Amended Complaint by Mizzen and Main LLC. (Attachments: #1 Exhibit Declaration of Gibbs)(Leone, Dennis) Motions referred to Magistrate Judge Mac R. McCoy.
July 3, 2023 Opinion or Order Filing 24 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #22 Defendant Mizzen and Main LLC's Motion to Compel Individual Arbitration and Dismiss Plaintiff's First Amended Complaint. The rule requires a movant to confer in good faith with an opposing party prior to filing a motion to dismiss or motion to compel arbitration and to include a certification of conferral. The motion to compel arbitration and dismiss does not contain the required certification and there is also no indication as to whether Defendant has conferred with Plaintiff prior to filing this motion. Signed by Judge Charlene Edwards Honeywell on 7/3/2023. (AB)
June 28, 2023 Filing 23 MOTION to Compel Compliance with Case Management Requirements and for Leave to Commence Discovery by Ryan Derriman. (Raslavich, Benjamin) Motions referred to Magistrate Judge Mac R. McCoy.
June 26, 2023 Filing 22 MOTION to Compel Individual Arbitration and Dismiss Plaintiff's First Amended Complaint by Mizzen and Main LLC. (Attachments: #1 Exhibit Declaration of Gibbs)(Leone, Dennis) Motions referred to Magistrate Judge Mac R. McCoy.
June 13, 2023 Opinion or Order Filing 21 ENDORSED ORDER denying as moot #2 Motion to Compel Individual Arbitration and Dismiss in light of filing of #20 Amended Complaint. Signed by Judge Charlene Edwards Honeywell on 6/13/2023. (AB)
June 12, 2023 Filing 20 AMENDED COMPLAINT against Mizzen and Main LLC with Jury Demand. filed by Ryan Derriman.(Raslavich, Benjamin)
May 25, 2023 Opinion or Order Filing 19 ORDER granting #16 Unopposed Motion for Admission Pro Hac Vice of Bradley W. Foster. The Clerk of Court is directed to add Bradley W. Foster to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Bradley W. Foster must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Bradley W. Foster must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/25/2023. (CM)
May 25, 2023 Opinion or Order Filing 18 ORDER granting #15 Unopposed Motion for Admission Pro Hac Vice of Timothy Newman. The Clerk of Court is directed to add Timothy Newman to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Timothy Newman must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Timothy Newman must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/25/2023. (CM)
May 25, 2023 Opinion or Order Filing 17 ORDER granting #14 Unopposed Motion for Admission Pro Hac Vice of Carrington Giammittorio. The Clerk of Court is directed to add Carrington Giammittorio to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Carrington Giammittorio must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Carrington Giammittorio must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/25/2023. (CM)
May 25, 2023 Filing 16 Unopposed MOTION for Bradley W. Foster to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20874708 for $150 by Mizzen and Main LLC. (Kersey, Joshua) Motions referred to Magistrate Judge Mac R. McCoy.
May 25, 2023 Filing 15 Unopposed MOTION for Timothy Newman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20874664 for $150 by Mizzen and Main LLC. (Kersey, Joshua) Motions referred to Magistrate Judge Mac R. McCoy.
May 25, 2023 Filing 14 Unopposed MOTION for Carrington Giammittorio to appear pro hac vice by Mizzen and Main LLC. (Kersey, Joshua) Motions referred to Magistrate Judge Mac R. McCoy.
May 25, 2023 Filing 13 NOTICE of Lead Counsel Designation by Dennis D Leone on behalf of Mizzen and Main LLC. Lead Counsel: Dennis D. Leone. (Leone, Dennis)
May 24, 2023 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Ryan Derriman. (Raslavich, Benjamin)
May 24, 2023 Filing 11 NOTICE of Lead Counsel Designation by Benjamin W. Raslavich on behalf of Ryan Derriman. Lead Counsel: Benjamin Raslavich. (Raslavich, Benjamin)
May 24, 2023 Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Ryan Derriman. Related case(s): No (Raslavich, Benjamin)
May 24, 2023 Filing 9 NOTICE TO COUNSEL Bradley W. Foster, Carrington M. Giammittorio, Timothy Newman 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). (CTR)
May 24, 2023 Filing 8 NOTICE TO COUNSEL Dennis D Leone of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (CTR)
May 24, 2023 Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Mizzen and Main LLC. Related case(s): No (Leone, Dennis)
May 24, 2023 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Mizzen and Main LLC. (Leone, Dennis)
May 23, 2023 Filing 5 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)
May 23, 2023 Filing 4 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. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (BGS)
May 23, 2023 Filing 3 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Mac R. McCoy. New case number: 8:23-cv-1132-CEH-MRM. (AM)
May 22, 2023 Filing 2 MOTION to Compel Individual Arbitration and Dismiss by Mizzen and Main LLC. (Attachments: #1 Exhibit 1 - Declaration of Gibbs)(Leone, Dennis)
May 22, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 23-CA-011599 filed in State Court on April 3, 2023. Filing fee $402, receipt number AFLMDC-20863066 filed by Mizzen and Main LLC. (Attachments: #1 State Court COMPLAINT, #2 Exhibit Declaration of Gibbs in Support of Notice of Removal, #3 Exhibit Declaration of Foster in Support of Notice of Removal, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet)(Leone, Dennis)

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Plaintiff: Ryan Derriman
Represented By: Benjamin W. Raslavich
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Defendant: Mizzen and Main LLC
Represented By: Dennis D Leone
Represented By: Carrington M. Giammittorio
Represented By: Bradley W. Foster
Represented By: Joshua Ryan Kersey
Represented By: Timothy A. Newman
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