JTH Tax, LLC et al v. Torres et al
| JTH TAX LLC d/b/a LIBERTY TAX SERVICE, Siempretax, LLC, JTH Tax, LLC and JTH Tax, LLC doing business as Liberty Tax Service |
| PRIME INCOME TAX & ACCOUNTING, INC., ALCIDES TORRES, SOUTH FLORIDA FRANCHISE GROUP, INC. and FREEDOM INSURANCE GROUP, LLC |
| 0:2019cv63011 |
| December 6, 2019 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jared M Strauss |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on February 3, 2020. A more recent docket listing may be available from PACER.
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Filing 27
PAPERLESS ORDER SETTING DISCOVERY PROCEDURES. No discovery motions shall be filed with the Court unless specifically authorized by Order. In the event a discovery dispute does arise, counsel are instructed to meet and confer in a good faith attempt to resolve the dispute. If, after conferring, the parties cannot resolve their discovery dispute, the movant must seek relief within 14 days after the grounds for relief occur by contacting Chambers (954-769-5450) and scheduling a discovery hearing. The movant shall have first conferred with opposing counsel and obtained three alternative dates and times that both counsel are available for a hearing. The attorney or other person with knowledge who telephones the Court shall have the following information: (a) the nature of the discovery dispute; (b) the efforts made to confer with opposing counsel; and (c) three agreed upon dates for a hearing. The Court will then set the matter for hearing and order the parties to submit a joint status report on the issues. Where there has been a complete failure to respond to discovery, and where good faith efforts have been made (without success) to obtain that discovery, counsel need not obtain agreed upon dates, but shall so inform the Court telephonically of the issue, and the Court will set the matter for hearing. Finally, when the parties have stipulated to the entry of an order, such as a stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (strauss@flsd.uscourts.gov) a copy of the proposed stipulated order in Word format, with a statement that the parties have agreed to entry of the proposed order. Signed by Magistrate Judge Jared M. Strauss on 2/3/2020. (emd)
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| Filing 26 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2020-5 to Magistrate Judge Jared M. Strauss. Magistrate Judge Barry S. Seltzer no longer assigned to case. (jmd) |
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Filing 25
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. SCHEDULING ORDER: ( Jury Trial set for 1/4/2021 before Judge Cecilia M. Altonaga., Calendar Call set for 12/29/2020 09:00 AM before Judge Cecilia M. Altonaga.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 9/14/2020.), ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 1/28/2020. See attached document for full details. (amb) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 24 Joint SCHEDULING REPORT - Rule 26(f) by JTH Tax, LLC, SiempreTax, LLC (Attachments: #1 Text of Proposed Order)(Trigo, Capri) |
| Filing 23 Defendants' ANSWER and Affirmative Defenses to Complaint with Jury Demand by Freedom Insurance Group, LLC, South Florida Franchise Group, Inc., Alcides Torres. (Braunstein, Michael) |
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Filing 22
ORDER granting #18 Unopposed MOTION for Extension of Time to File Joint Scheduling Report. ( Joint Scheduling Report due by 1/24/2020). Signed by Judge Cecilia M. Altonaga on 1/14/2020. See attached document for full details. (amb)
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Filing 21
PAPERLESS ORDER denying #18 Motion for Extension of Time due to the failure to submit a proposed order, as is required by the Local Rules. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 20 First Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Freedom Insurance Group, LLC, South Florida Franchise Group, Inc., Alcides Torres (Patel, Himanshu) |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement by JTH Tax, LLC, SiempreTax, LLC identifying Corporate Parent Franchise Group Intermediate L 2, LLC, Corporate Parent Franchise Group Intermediate L 1, LLC, Corporate Parent Franchise Group Intermediate L, LLC, Corporate Parent Franchise Group New Holdco, LLC, Corporate Parent Franchise Group, Inc. for JTH Tax, LLC, SiempreTax, LLC (Trigo, Capri) |
| Filing 18 Unopposed MOTION for Extension of Time to File Joint Scheduling Report re #8 Order Requiring Joint Scheduling Report by JTH Tax, LLC, SiempreTax, LLC. Responses due by 1/27/2020 (Attachments: #1 Text of Proposed Order)(Trigo, Capri) |
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Filing 17
Order Dismissing Party Prime Income Tax & Accounting, LLC re #14 Stipulation of Dismissal. Signed by Judge Cecilia M. Altonaga on 1/13/2020. See attached document for full details. (ps1)
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Filing 16
PAPERLESS ORDER denying #15 Motion for Extension of Time due to the failure to submit a proposed order, as is required by the Local Rules. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 15 Unopposed MOTION for Extension of Time to File Joint Scheduling Report re #8 Order Requiring Joint Scheduling Report by JTH Tax, LLC, SiempreTax, LLC. Responses due by 1/24/2020 (Trigo, Capri) |
| Filing 14 STIPULATION of Dismissal of all claims against Prime Income Tax & Accounting, LLC by JTH Tax, LLC, SiempreTax, LLC (Trigo, Capri) |
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Filing 13
ORDER. Defendant, Prime Income Tax and Accounting LLC has to obtain new counsel by 1/13/2020., Responses due by 1/13/2020. Signed by Judge Cecilia M. Altonaga on 1/3/2020. See attached document for full details. (amb)
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Filing 12
ORDER granting #11 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Freedom Insurance Group, LLC. Answer due 1/16/2020; South Florida Franchise Group, Inc.. Answer due 1/16/2020; Alcides Torres. Answer due 1/16/2020. Re: #1 Complaint, filed by JTH Tax, LLC, SiempreTax, LLC. Signed by Judge Cecilia M. Altonaga on 1/3/2020. See attached document for full details. (amb)
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| Per #13 Order-Set Answer Due Deadline: Prime Income Tax & Accounting, Inc. response due 1/13/2020., Deadline(s) terminated. (asl) |
| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Freedom Insurance Group, LLC, South Florida Franchise Group, Inc., Alcides Torres. Attorney Michael Daniel Braunstein added to party Freedom Insurance Group, LLC(pty:dft), Attorney Michael Daniel Braunstein added to party South Florida Franchise Group, Inc.(pty:dft), Attorney Michael Daniel Braunstein added to party Alcides Torres(pty:dft). (Attachments: #1 Text of Proposed Order)(Braunstein, Michael) |
| Filing 10 ANSWER to Complaint by Rafaela Vieira, owner and registered agent name of Prime Income Tax & Accounting, Inc.. (amb) |
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Filing 9
ORDER Requiring Single Combined Response or Separate Answers Signed by Judge Cecilia M. Altonaga on 12/17/2019. See attached document for full details. (ail)
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Filing 8
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES- Joint Scheduling Report due by 1/13/2020 Signed by Judge Cecilia M. Altonaga on 12/17/2019. See attached document for full details. (ail)
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| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JTH Tax, LLC, SiempreTax, LLC. Prime Income Tax & Accounting, Inc. served on 12/12/2019, answer due 1/2/2020. (Trigo, Capri) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JTH Tax, LLC, SiempreTax, LLC. Freedom Insurance Group, LLC served on 12/11/2019, answer due 1/2/2020. (Trigo, Capri) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JTH Tax, LLC, SiempreTax, LLC. Alcides Torres served on 12/11/2019, answer due 1/2/2020. (Trigo, Capri) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JTH Tax, LLC, SiempreTax, LLC. South Florida Franchise Group, Inc. served on 12/10/2019, answer due 12/31/2019. (Trigo, Capri) |
| Filing 3 Summons Issued as to Freedom Insurance Group, LLC, Prime Income Tax & Accounting, Inc., South Florida Franchise Group, Inc., Alcides Torres. (mc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mc) |
| Filing 1 COMPLAINT against Freedom Insurance Group, LLC, Prime Income Tax & Accounting, Inc., South Florida Franchise Group, Inc.., Alcides Torres. Filing fees $ 400.00 receipt number 113C-12207138, filed by JTH Tax, LLC, SiempreTax, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Civil Cover Sheet)(Trigo, Capri) |
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