SUBARU OF AMERICA INC v. WKDR INC
Plaintiff: SUBARU OF AMERICA INC
Defendant: WKDR INC doing business as OCALA SUBARU
Case Number: 4:2021cv00295
Filed: July 16, 2021
Court: US District Court for the Northern District of Florida
Presiding Judge: MICHAEL J FRANK
Referring Judge: MARK E WALKER
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgement
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2022 Opinion or Order Filing 52 ORDER GRANTING #51 MOTION TO WITHDRAW. Plaintiff's unopposed motion for leave to withdraw Megan K. Bradley as counsel for Plaintiff, ECF No. #51 is GRANTED. The Clerk shall disconnect Ms. Bradley from CM/ECF on this matter. Attorney MEGAN K BRADLEY terminated. Signed by CHIEF JUDGE MARK E WALKER on 06/17/2022. (toy)
June 17, 2022 Filing 51 Consent MOTION to Withdraw as Attorney by SUBARU OF AMERICA INC. (BRADLEY, MEGAN)
March 28, 2022 Opinion or Order Filing 50 ORDER STAYING CASE. This case is STAYED until Monday, October 3, 2022. On or before October 3, 2022, the Plaintiff shall file either a stipulation of dismissal or a notice regarding the status of this case if it is not resolved by that date. The Clerk is directed to terminate ECF No. #32 . If this case is not resolved on or before October 3, 2022, this Court will direct the Clerk to re-gavel ECF No. #32 . (Deadline for clerk to check status of stay by 10/3/2022.) Signed by CHIEF JUDGE MARK E WALKER on 03/28/2022. (toy) *Motion terminated as directed*
March 28, 2022 Filing 49 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Status Conference held on 3/28/2022. Parties discuss case status. Parties move to extend stay. Ruling by Court: Ore tenus motion to extend stay is granted. Case is stayed until 10/3/22. #32 Motion to stay is terminated without prejudice. Court will address the #32 Motion if the parties are unable to resolve the matter. Order to follow (Court Reporter Megan Hague). (vkm)
March 25, 2022 Filing 48 NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 3/28/2022 09:30 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm)
March 25, 2022 Opinion or Order Filing 47 ORDER SETTING TELEPHONIC STATUS CONFERENCE. This Court has considered, without hearing, the parties' joint motion for case management conference. ECF No. #46 . The motion is GRANTED. The Clerk is directed to set this matter for a telephonic status conference on or after March 28, 2022. Signed by CHIEF JUDGE MARK E WALKER on 03/25/2022. (toy)
March 24, 2022 Filing 46 Joint MOTION for Case Management Conference by SUBARU OF AMERICA INC. (BERTRON, JAMES)
March 21, 2022 Filing 45 NOTICE of Appearance by JAMES H BURGESS, JR on behalf of WKDR INC (BURGESS, JAMES)
March 18, 2022 Filing 44 NOTICE of Appearance by ROBERT C CRABTREE on behalf of WKDR INC (CRABTREE, ROBERT)
February 17, 2022 Opinion or Order Filing 43 ORDER GRANTING MOTION TO WITHDRAW. The emergency motion to withdraw, ECF No. #42 , is GRANTED. The Clerk shall disconnect Mr. Allen and Mr. Andrews from CM/EMF in this case. Defendant shall have 30 days to secure new counsel. Accordingly, this case along with all pending deadlines is STAYED for 30 days (3/21/2022). Signed by CHIEF JUDGE MARK E WALKER on 02/17/2022. (rcb)
February 17, 2022 Filing 42 Emergency MOTION to Withdraw as Attorney by WKDR INC. (ALLEN, JASON)
February 17, 2022 Status Report Reset- 3/21/2022 (rcb)**Status Report Due 2/24/2022 Reset & 3/7/2022 Discovery Deadline Terminated Per Stay Order ECF #43 **
January 31, 2022 Filing 41 RESPONSE by WKDR INC re #38 Order, Set Deadlines/Hearings DEFENDANT'S SUPPLEMENTAL BRIEFING TO THE MOTION TO ENTER A STAY OF THE PROCEEDING. (ALLEN, JASON)
January 31, 2022 Filing 40 RESPONSE by SUBARU OF AMERICA INC re #38 Order, Set Deadlines/Hearings Supplemental Brief In Opposition to Defendant's Motion to Stay. (Attachments: #1 Exhibit 1 - Amended Notice of Intention to Terminate Dealer Agreement, #2 Exhibit 2 - Ocala Subaru's Responses & Objs to SOA 1st Interrogatories) (BERTRON, JAMES)
January 25, 2022 Set Deadlines/Hearings Status Report due by 2/24/2022. (toy)
January 24, 2022 Filing 39 STATUS REPORT (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES)
January 14, 2022 Opinion or Order Filing 38 ORDER FOR SUPPLEMENTAL BRIEFING. The parties shall file their supplemental briefing on or before 1/31/2022. Signed by CHIEF JUDGE MARK E WALKER on 1/14/2022. (kjw)
January 3, 2022 Opinion or Order Filing 37 ORDER OF CLARIFICATION AND GRANTING EXTENSION: This Court has considered, without hearing, Plaintiff's motion for clarification or reconsideration, ECF No. #35 . Plaintiff previously moved to extend the time to complete its production of documents in response to Defendant's first request for production until 14 days after this Court has ruled on Defendant's motion to stay or, alternatively, 21 days. ECF No. #31 . This Court misapprehended the requested relief in that Plaintiff was ready to produce several hundred pages of documents but required additional time to produce additional documents. Accordingly, Plaintiff's request for extension is GRANTED. Plaintiff's deadline for producing such documents is extended to on or before Monday, 1/24/2022. Signed by CHIEF JUDGE MARK E WALKER on 01/03/2022. (tpm)
January 3, 2022 Filing 36 RESPONSE in Opposition re #32 MOTION to Stay DEFENDANT'S NOTICE OF PROPOSED TRANSFER AND MOTION TO ENTER STAY OF THE PROCEEDING filed by SUBARU OF AMERICA INC. (Attachments: #1 Exhibit A) (BERTRON, JAMES)
January 3, 2022 Filing 35 MOTION for Clarification or Reconsideration of the Court's Order Denying an Extension as Moot re #34 Order on Motion to Extend Time, by SUBARU OF AMERICA INC. (BERTRON, JAMES)
December 27, 2021 Opinion or Order Filing 34 ORDER DENYING MOTION FOR EXTENSION AS MOOT. Plaintiff moves to extend its time to complete its production of documents in response to Defendant's first request for production until 14 days after this Court has ruled on Defendant's motion to stay. ECF No. #31 . The motion for an extension is DENIED as moot. Signed by CHIEF JUDGE MARK E WALKER on 12/27/2021. (kjw)
December 23, 2021 Filing 33 STATUS REPORT (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES)
December 20, 2021 Filing 32 MOTION to Stay DEFENDANT'S NOTICE OF PROPOSED TRANSFER AND MOTION TO ENTER STAY OF THE PROCEEDING by WKDR INC. (Attachments: #1 Ex A. Transfer Notice, #2 Ex B. DOAH Order on Motion to Stay) (ALLEN, JASON)
December 20, 2021 Filing 31 MOTION to Extend Timeto Produce Documents by SUBARU OF AMERICA INC. (BERTRON, JAMES)
December 1, 2021 Opinion or Order Filing 30 ORDER GRANTING #24 MOTION TO COMPEL. Defendant must produce all non-privileged, responsive documents in their entirety on or before December 6, 2021. (Def. production of documents Deadline - by 12/6/2021.) Signed by CHIEF JUDGE MARK E WALKER on 12/01/2021. (toy)
November 30, 2021 Filing 29 RESPONSE in Opposition re #24 MOTION to Compel Document Production filed by WKDR INC. (ANDREWS, MICAH)
November 29, 2021 Set/Reset Deadlines: Joint Status Report due by 12/24/2021. (kjw)
November 24, 2021 Filing 28 NOTICE of Appearance by GINGER BARRY BOYD on behalf of SUBARU OF AMERICA INC (BOYD, GINGER)
November 24, 2021 Filing 27 STATUS REPORT (Joint Report on Discovery) by SUBARU OF AMERICA INC. (BERTRON, JAMES)
November 23, 2021 Opinion or Order Filing 26 ORDER FOR EXPEDITED RESPONSE. Plaintiff has filed a motion to compel discover. ECF No. #24 . Defendant must file an expedited response to Plaintiff's motion on or before Tuesday, November 30, 2021. (Def. Response to motion due by 11/30/2021.) Signed by CHIEF JUDGE MARK E WALKER on 11/23/2021. (toy)
November 23, 2021 Opinion or Order Filing 25 ORDER GRANTING #23 MOTION TO AMEND SCHEDULING ORDER. The parties are excused from the December 10, 2021 deadline to disclose the identity of any expert witnesses. The Clerk is directed to reset this case for trial on Monday, August 15, 2022. A party with a conflict during that trial period must file a notice on or before Tuesday, December 7, 2021. (Conflict Notice Deadline - by 12/7/2021., Jury Trial set for 8/15/2022 08:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER.) Signed by CHIEF JUDGE MARK E WALKER on 11/23/2021. (toy) *Trial reset as requested*
November 23, 2021 Filing 24 MOTION to Compel Document Production by SUBARU OF AMERICA INC. (Attachments: #1 Exhibit 1 - SOA's First Set of RFPs, #2 Exhibit 2 - Ocala Subaru's Responses to SOA's First Set of RFPs) (BERTRON, JAMES)
November 23, 2021 Filing 23 MOTION to Amend/Correct the Scheduling Order by SUBARU OF AMERICA INC. (BERTRON, JAMES)
November 4, 2021 Opinion or Order Filing 22 PROTECTIVE ORDER. Signed by CHIEF JUDGE MARK E WALKER on 11/04/2021. (toy)
November 4, 2021 Filing 21 Joint MOTION for Protective Order (Confidentiality) by SUBARU OF AMERICA INC. (Attachments: #1 Exhibit A - Joint Confidentiality Agreement) (BERTRON, JAMES)
October 26, 2021 Set/Reset Deadlines: Status Report due by 11/26/2021. (toy)
October 25, 2021 Filing 20 STATUS REPORT (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES)
October 22, 2021 Filing 19 RULE 26 Initial Disclosures (Corrected) by WKDR INC. (ANDREWS, MICAH) Modified to edit title on 10/25/2021 (kjw).
October 22, 2021 Filing 18 RULE 26 Disclosures by WKDR INC. (ANDREWS, MICAH)
October 6, 2021 Opinion or Order Filing 17 SCHEDULING AND MEDIATION ORDER Re: #16 Report of Rule 26(f) Planning Meeting: Discovery due by 3/7/2022. Dispositive Motions to be filed by 3/28/2022. Mediation Report due by 4/18/2022. Jury Trial set for 7/18/2022 8:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 10/6/2021. (amm)
October 5, 2021 Filing 16 REPORT of Rule 26(f) Planning Meeting. (BERTRON, JAMES)
September 27, 2021 Set/Reset Deadlines: Joint Status Report due by 10/27/2021. (kjw)
September 24, 2021 Filing 15 STATUS REPORT (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES)
September 15, 2021 Filing 14 Defendant's ANSWER to #1 Complaint, Affirmative Defenses by WKDR INC. (ANDREWS, MICAH)
September 9, 2021 Filing 13 Corporate Disclosure Statement/Certificate of Interested Persons by WKDR INC. (ANDREWS, MICAH)
September 8, 2021 Filing 12 Corporate Disclosure Statement/Certificate of Interested Persons by SUBARU OF AMERICA INC identifying Corporate Parent Subaru Corporation for SUBARU OF AMERICA INC.. (BERTRON, JAMES)
August 30, 2021 Filing 11 NOTICE of Appearance by MEGAN K BRADLEY on behalf of SUBARU OF AMERICA INC (BRADLEY, MEGAN)
August 26, 2021 Opinion or Order Filing 10 INITIAL SCHEDULING ORDER - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 9/9/2021. Status Report due by 9/27/2021. Rule 26 Meeting Report due by 10/12/2021. Discovery due by 12/23/2021. Signed by CHIEF JUDGE MARK E WALKER on 8/26/2021. (cle)
August 25, 2021 Filing 9 NOTICE of Appearance by MICAH ALLEN ANDREWS on behalf of WKDR INC (ANDREWS, MICAH)
August 25, 2021 Opinion or Order Filing 8 ORDER GRANTING EXTENSION OF TIME FOR RESPONSIVE PLEADING - Defendant's Motion for an Extension of Time, ECF No. #7 , is GRANTED. Defendant shall file a responsive pleading on or before 9/15/2021. Signed by CHIEF JUDGE MARK E WALKER on 8/25/2021. (cle)
August 24, 2021 Filing 7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Respond to Complaint by WKDR INC. (ANDREWS, MICAH)
August 18, 2021 Filing 6 SUMMONS Returned Executed by SUBARU OF AMERICA INC. WKDR INC served on 8/11/2021, answer due 9/1/2021. (BERTRON, JAMES)
July 27, 2021 Opinion or Order Filing 5 ORDER ADMITTING CHRISTOPHER GENOVESE PRO HAC VICE - The motion to admit Christopher C. Genovese pro hac vice, ECF No. #4 , is GRANTED. Christopher C. Genovese is admitted pro hac vice as counsel for Plaintiff. Signed by CHIEF JUDGE MARK E WALKER on 7/27/2021. (cle)
July 26, 2021 Filing 4 MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-6203810.) by SUBARU OF AMERICA INC. (Attachments: #1 Exhibit A - Certificate of Good Standing) (BERTRON, JAMES)
July 19, 2021 Filing 3 Summons Issued as to WKDR INC. (cle)
July 16, 2021 Filing 2 CIVIL COVER SHEET. (BERTRON, JAMES)
July 16, 2021 Filing 1 COMPLAINT against WKDR INC ( Filing fee $ 402 receipt number AFLNDC-6186333.), filed by SUBARU OF AMERICA INC. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Dealer Agreement, #3 Exhibit 3 - SOA to Ocala 6.2.21, #4 Exhibit 4 - Allen to SOA 6.7.21, #5 Summons) (BERTRON, JAMES)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Florida Northern District Court's Electronic Court Filings (ECF) System

Search for this case: SUBARU OF AMERICA INC v. WKDR INC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: SUBARU OF AMERICA INC
Represented By: JAMES ANDREW BERTRON, JR
Represented By: CHRISTOPHER C GENOVESE
Represented By: MEGAN K BRADLEY
Represented By: GINGER BARRY BOYD
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: WKDR INC doing business as OCALA SUBARU
Represented By: JASON TODD ALLEN
Represented By: MICAH ALLEN ANDREWS
Represented By: JAMES H BURGESS, JR
Represented By: ROBERT C CRABTREE
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?