Hays v. One Touch Direct LLC
| Austin J. Hays |
| One Touch Direct LLC |
| 8:2025cv00926 |
| April 14, 2025 |
| U.S. District Court for the Middle District of Florida |
| Lindsay S Griffin |
| William F Jung |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
This docket was last retrieved on September 25, 2025. A more recent docket listing may be available from PACER.
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Filing 32
ORDER denying #30 Plaintiff's Motion for Reconsideration. Signed by Judge William F. Jung on 9/25/2025. (SZC)
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| Filing 31 RESPONSE in Opposition re #30 MOTION to Amend 29 Order on Motion to Dismiss, filed by One Touch Direct LLC. (Anderson, Michelle) |
| Filing 30 MOTION to Alter or Amend 29 Order on Motion to Dismiss by Austin J. Hays. (Attachments: #1 Exhibit)(KME) |
Filing 29
ENDORSED ORDER granting #27 Motion to Dismiss. The civil cover sheet asserts the cause of action is "employment discrimination and ADA." The amended complaint states it is brought under Title VII and the "Americans With Disabilities Act," i.e. ADA. The EEOC charge of discrimination, however, states that Plaintiff complains concerning comments about sexual orientation; and sex, sexual orientation. The EEOC claim brought in the amended complaint is not close to the charge of discrimination filed with the agency. As such, the Title VII claim in the amended complaint is unexhausted and must be dismissed. The other additional counts appear to be based in state law, for which the Court presently does not accept sole pendent jurisdiction. Although it is unclear, one count may seek to allege a violation of the Health Insurance Portability Act, but that claim is insufficiently stated. Plaintiff should also note that HHS.gov has a portal for HIPAA privacy complaints through the HHS Office of Civil Rights. The Court respectfully suggests Plaintiff ought to seek legal counsel, and offices like Bay Area Legal Services may provide advice for free: (bals.org; (813) 232-1343). Signed by Judge William F. Jung on 8/19/2025. (Jung, William)
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| Filing 28 RESPONSE in Opposition re #27 MOTION to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum in Support filed by Austin J. Hays. (EGP) Modified image and text on 8/11/2025 (MCB). |
| Filing 27 MOTION to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum in Support by One Touch Direct LLC. (Attachments: #1 Exhibit Charge of Discrimination)(Anderson, Michelle) |
Filing 26
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #25 Motion for Protective Order. Signed by Judge William F. Jung on 7/29/2025. (CCB)
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| Filing 25 MOTION for Protective Order by Austin J. Hays. (Attachments: #1 Proposed Order, #2 Certificate of Service)(KME) (e-Portal) Modified text on 7/29/2025 (KME). |
| Filing 24 First AMENDED COMPLAINT against Austin J. Hays with Jury Demand. filed by Austin J. Hays. (eportal)(MCB) |
Filing 23
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings/Joinder due by 7/18/2025. Discovery due by 12/18/2025. Dispositive motions due by 1/26/2026. Pretrial statement due by 7/2/2026. Final Pretrial Conference set for 7/9/2026 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Jury Trial set for the August 2026 Trial Term commencing 8/3/2026 at 9:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Signed by Judge William F. Jung on 7/8/2025. (CCB)
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Filing 22
ENDORSED ORDER striking the plaintiff's request to produce, Doc. 20, and notice of filing first set of interrogatories, Doc. 21. The Clerk is directed to remove the images from the docket. Discovery should not be filed with the Court. Fed. R. Civ. P. 5(d)(1)(A); M.D. Fla. Civil Discovery Handbook (2021) at I.C.1. The parties must comply with both the federal rules and this Court's orders to refrain from filing discovery materials unless directed by the Court or necessary to the presentation of a defense or motion. Id. Signed by Magistrate Judge Lindsay S. Griffin on 7/1/2025. (NGB)
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| Filing 21 ***STRICKEN-IMAGE REMOVED PURSUANT TO 22 ENDORSED ORDER*** NOTICE of filing First Set of Interrogatories to Defendant by Austin J. Hays. (e-portal) (JKB) Modified on 7/2/2025 (LSS). |
| Filing 20 ***STRICKEN-IMAGE REMOVED PURSUANT TO 22 ENDORSED ORDER*** REQUEST to Produce Documents by Austin J. Hays. (e-portal) (JKB) Modified text on 6/30/2025 (JNB). Modified on 7/2/2025 (LSS). |
| Filing 19 UNILATERAL CASE MANAGEMENT REPORT by Austin John Hays. (e-portal) (Attachments: #1 Certificate of Service) (JKB) |
Filing 18
ENDORSED ORDER directing Plaintiff, proceeding pro se, to file a response, if desired, to the #17 Unilateral Case Management Report filed by Defendant. If no response is filed by July 2, 2025, a Case Management and Scheduling Order will be entered on July 3, 2025, incorporating the dates set forth in the report filed by Defendant. Signed by Judge William F. Jung on 6/26/2025. (CCB)
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| Filing 17 UNILATERAL CASE MANAGEMENT REPORT. (Ruiz, Marisol) |
Filing 16
ENDORSED ORDER directing Plaintiff, now proceeding pro se, and Counsel for Defendant to file a joint Uniform Case Management Report, which is located on the FLMD website at Judge Jung's webpage, on or before July 2, 2025. Signed by Judge William F. Jung on 6/23/2025. (CCB)
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| Filing 15 NOTICE of Appearance (Pro Se) by Austin J. Hays.(eportal) (KME) Modified filing date and text on 6/23/2025 (GL). |
Filing 14
ENDORSED ORDER granting #13 motion to withdraw as by attorney Jerome Ramsaran, who is relieved of further responsibility for this case. Local Rule 2.02(c)(4) requires a party that discharges a lawyer to obtain substitute counsel in time to comply with the deadlines. A person no longer represented by counsel must comply with the rules and comply with the deadlines. The Clerk is directed to mail a copy of this order to the plaintiff. Signed by Magistrate Judge Lindsay S. Griffin on 6/12/2025. (Griffin, Lindsay)
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| Filing 13 MOTION for Jerome Ramsaran, Esq. to Withdraw as Attorney by Austin J. Hays. (Attachments: #1 Affidavit Consent to Withdraw by Plaintiff)(Ramsaran, Jerome) Motions referred to Magistrate Judge Lindsay S. Griffin. |
| Filing 12 NOTICE of change of address by Marisol Ruiz (Ruiz, Marisol) |
| Filing 11 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by One Touch Direct LLC. (Anderson, Michelle) Modified on 5/7/2025 to notify counsel Michelle I. Anderson to use complete case number on all filings (JG). |
| Filing 10 ANSWER and affirmative defenses to #1 Complaint by One Touch Direct LLC.(Anderson, Michelle) Modified on 5/7/2025 to edit docket text (MSN). |
| Filing 9 NOTICE of Lead Counsel Designation by Jerome Ramsaran on behalf of Austin J. Hays. Lead Counsel: Jerome Ramsaran, Esq.. (Ramsaran, Jerome) |
| Filing 8 NOTICE TO COUNSEL Jerome Ramsaran 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). (EVK) |
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Austin J. Hays. Related case(s): No (Ramsaran, Jerome) Modified docket text on 4/24/2025 (EVK). |
| Filing 6 NOTICE by Austin J. Hays of No Related Cases (Ramsaran, Jerome) Counsel to refile using the correct event. Modified text on 4/21/2025 (AM). |
| 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). (JCG) |
| 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 file promptly a Notice of a Related Action identifying and describing any related action either pending or closed 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). (JCG) |
| Filing 3 SUMMONS issued as to One Touch Direct LLC. (LD) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Lindsay S. Griffin. New case number: 8:25-cv-926-WFJ-LSG. (RPB) |
| Filing 1 COMPLAINT against One Touch Direct LLC with Jury Demand (Filing fee $405 receipt number AFLMDC-23244435) filed by Austin Hays. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Ramsaran, Jerome) |
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| Defendant: One Touch Direct LLC | |
| Represented By: | Marisol Ruiz |
| Represented By: | Michelle I. Anderson |
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| Plaintiff: Austin J. Hays | |
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