Berry v. Refresco Beverages U.S. Inc.
| John Berry |
| Refresco Beverages U.S. Inc. |
| 8:2023cv02763 |
| December 5, 2023 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Sean P Flynn |
| James S Moody |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 17 CASE MANAGEMENT REPORT. (Hirsch, Scott) |
| Filing 16 Case Reassigned to Judge Thomas P. Barber. New case number: 8:23-cv-2763-TPB-SPF. Judge James S. Moody, Jr. no longer assigned to the case. (JNB) |
Filing 15
ENDORSED ORDER granting [10, 11] Defendant Refresco Beverages US, Inc.'s Unopposed Motions to Appear Pro Hac Vice. Attorneys Jason Kravitz and Leslie Hartford 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 registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 1/25/2024. (ACS)
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Filing 14
ORDER DIRECTING REASSIGNMENT OF CASE. Pursuant to this Court's Standing Order Regarding Assignment of Cases filed in Case No.: 8:14-mc-51-JSM, the Clerk of the Court is instructed to reassign this case to another District Judge under the blind filing system established pursuant to the rules of this Court. Signed by Judge James S. Moody, Jr. on 1/25/2024. (SMB)
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| Filing 13 NOTICE by Refresco Beverages U.S. Inc. re #12 MOTION to Dismiss Class Action Complaint Refresco Beverages US, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint and Incorporated Memorandum of Law Notice of Filing Declaration of Leslie E. Hartford (Attachments: #1 Exhibit Declaration)(Matheney, Erik) |
| Filing 12 MOTION to Dismiss Class Action Complaint Refresco Beverages US, Inc.'s Motion to Dismiss Plaintiff's Class Action Complaint and Incorporated Memorandum of Law by Refresco Beverages U.S. Inc.. (Matheney, Erik) |
| Filing 11 Unopposed MOTION for Leslie Hartford to appear pro hac vice Unopposed Motion for Admission of Leslie Hartford to Appear Pro Hac Vice by Refresco Beverages U.S. Inc.. (Matheney, Erik) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 10 Unopposed MOTION for Jason C. Kravitz to appear pro hac vice Unopposed Motion for Admission of Jason C. Kravitz to Appear Pro Hac Vice by Refresco Beverages U.S. Inc.. (Matheney, Erik) Motions referred to Magistrate Judge Sean P. Flynn. |
| Set/reset deadlines/hearings: Defendant's Answer due by 1/24/2024. (JTM) |
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Filing 9
ENDORSED ORDER granting #8 Defendant's Unopposed Motion for Extension of Time. Refresco Beverages U.S. Inc.'s deadline to respond to Plaintiff's Complaint is extended to January 24, 2024. Signed by Judge James S. Moody, Jr. on 12/22/2023. (SMB)
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| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint Refresco Beverages U.S., Inc.'s Unopposed Motion to Respond to Complaint by Refresco Beverages U.S. Inc. (Matheney, Erik) Modified docket text on 12/27/2023 (JTM). |
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by John Berry. Related case(s): Yes (Hirsch, Scott) |
| Filing 6 SUMMONS issued as to Refresco Beverages U.S. Inc. (JK) |
| Filing 5 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). (SMB) |
| Filing 4 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). (SMB) |
| Filing 3 NOTICE TO COUNSEL Nicholas A. Migliaccio and Jason S. Rathod 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). (TRF) |
| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-02763-JSM-SPF. (TRF) |
| Filing 1 COMPLAINT against Refresco Beverages U.S. Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-21527402) filed by John Berry. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Hirsch, Scott) |
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