SUBARU OF AMERICA INC v. WKDR INC
| SUBARU OF AMERICA INC |
| WKDR INC doing business as OCALA SUBARU |
| 4:2021cv00295 |
| July 16, 2021 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| MARK E WALKER |
| Contract: Franchise |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
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This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
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Filing 60
ORDER CLOSING THE FILE: The parties have filed a stipulation of dismissal with prejudice. ECF No. #58 . The notice is effective without an order. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, the Clerk must remove the stay flag and close the file. Signed by CHIEF JUDGE MARK E WALKER on 12/12/2022. (tpm)
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| Filing 58 STIPULATION of Dismissal (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
| Filing 59 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Status Conference held on 12/9/2022. Parties discuss case status. Ruling by Court: Case remains stayed until 1/13/23. If stipulation not filed by 1/13/23, Clerk to reset for telephonic status conference (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) |
| Case Stayed. Deadline for clerk to check status of stay by 1/23/2023. (vkm) |
| Filing 57 NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 12/9/2022 09:00 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) |
| Filing 56 GRANTING MOTION FOR STATUS CONFERENCE: This Court has considered, without hearing, Plaintiff's motion for a case management conference. ECF No. #55 . The motion is GRANTED. The Clerk is directed to set this case for a telephonic status conference on or before Friday, December 9, 2022. Signed by CHIEF JUDGE MARK E WALKER on 12/05/2022. (tpm) |
| Filing 55 MOTION for case management conference re #54 Order Staying Case,, by SUBARU OF AMERICA INC. (BOYD, GINGER) |
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Filing 54
ORDER EXTENDING STAY: This Court has considered, without hearing, Plaintiff's notice regarding case status. ECF No. #53 . The request is GRANTED. The STAY is extended to 12/2/2022. On or before 12/2/2022, 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. If this case is not resolved on or before 12/2/2022, this Court will direct the Clerk to re-gavel ECF No. #32 . Signed by CHIEF JUDGE MARK E WALKER on 10/17/2022. (tpm)
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| Filing 53 STATUS REPORT by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
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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)
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| Filing 51 Consent MOTION to Withdraw as Attorney by SUBARU OF AMERICA INC. (BRADLEY, MEGAN) |
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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*
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| 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) |
| 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) |
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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)
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| Filing 46 Joint MOTION for Case Management Conference by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
| Filing 45 NOTICE of Appearance by JAMES H BURGESS, JR on behalf of WKDR INC (BURGESS, JAMES) |
| Filing 44 NOTICE of Appearance by ROBERT C CRABTREE on behalf of WKDR INC (CRABTREE, ROBERT) |
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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)
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| Filing 42 Emergency MOTION to Withdraw as Attorney by WKDR INC. (ALLEN, JASON) |
| 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 ** |
| 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) |
| 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) |
| Set Deadlines/Hearings Status Report due by 2/24/2022. (toy) |
| Filing 39 STATUS REPORT (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
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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)
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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)
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| 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) |
| 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) |
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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)
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| Filing 33 STATUS REPORT (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
| 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) |
| Filing 31 MOTION to Extend Timeto Produce Documents by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
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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)
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| Filing 29 RESPONSE in Opposition re #24 MOTION to Compel Document Production filed by WKDR INC. (ANDREWS, MICAH) |
| Set/Reset Deadlines: Joint Status Report due by 12/24/2021. (kjw) |
| Filing 28 NOTICE of Appearance by GINGER BARRY BOYD on behalf of SUBARU OF AMERICA INC (BOYD, GINGER) |
| Filing 27 STATUS REPORT (Joint Report on Discovery) by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
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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)
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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*
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| 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) |
| Filing 23 MOTION to Amend/Correct the Scheduling Order by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
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Filing 22
PROTECTIVE ORDER. Signed by CHIEF JUDGE MARK E WALKER on 11/04/2021. (toy)
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| Filing 21 Joint MOTION for Protective Order (Confidentiality) by SUBARU OF AMERICA INC. (Attachments: #1 Exhibit A - Joint Confidentiality Agreement) (BERTRON, JAMES) |
| Set/Reset Deadlines: Status Report due by 11/26/2021. (toy) |
| Filing 20 STATUS REPORT (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
| Filing 19 RULE 26 Initial Disclosures (Corrected) by WKDR INC. (ANDREWS, MICAH) Modified to edit title on 10/25/2021 (kjw). |
| Filing 18 RULE 26 Disclosures by WKDR INC. (ANDREWS, MICAH) |
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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)
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| Filing 16 REPORT of Rule 26(f) Planning Meeting. (BERTRON, JAMES) |
| Set/Reset Deadlines: Joint Status Report due by 10/27/2021. (kjw) |
| Filing 15 STATUS REPORT (Joint) by SUBARU OF AMERICA INC. (BERTRON, JAMES) |
| Filing 14 Defendant's ANSWER to #1 Complaint, Affirmative Defenses by WKDR INC. (ANDREWS, MICAH) |
| Filing 13 Corporate Disclosure Statement/Certificate of Interested Persons by WKDR INC. (ANDREWS, MICAH) |
| 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) |
| Filing 11 NOTICE of Appearance by MEGAN K BRADLEY on behalf of SUBARU OF AMERICA INC (BRADLEY, MEGAN) |
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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)
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| Filing 9 NOTICE of Appearance by MICAH ALLEN ANDREWS on behalf of WKDR INC (ANDREWS, MICAH) |
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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)
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| Filing 7 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Respond to Complaint by WKDR INC. (ANDREWS, MICAH) |
| Filing 6 SUMMONS Returned Executed by SUBARU OF AMERICA INC. WKDR INC served on 8/11/2021, answer due 9/1/2021. (BERTRON, JAMES) |
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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)
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| 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) |
| Filing 3 Summons Issued as to WKDR INC. (cle) |
| Filing 2 CIVIL COVER SHEET. (BERTRON, JAMES) |
| 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) |
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