Lubin v. Foresee Session Replay, Inc. et al
Plaintiff: Tim Lubin
Defendant: Foresee Session Replay, Inc., Verint Systems, Inc. and Verint Americas Inc.
Case Number: 0:2021cv60319
Filed: February 9, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: James I Cohn
Referring Judge: Jared M Strauss
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on April 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2022 Filing 52 STIPULATION of Dismissal by Tim Lubin (Kaufman, Avi)
March 21, 2022 Filing 51 STATUS REPORT by Verint Americas Inc., Verint Systems, Inc. (Salky, Mark)
June 21, 2021 Opinion or Order Filing 50 ORDER Granting #39 MOTION TO COMPEL ARBITRATION. Pursuant to the FAA, 9 U.S.C. 3, this case is STAYED until such arbitration has been had in accordance with the terms of the agreement. The parties are directed to file a status report with this Court upon the earliest of either 1) the completion of arbitration, or 2) March 21, 2022, to advise the Court regarding the status of the case. Signed by Senior Judge James I. Cohn on 6/21/2021. See attached document for full details. (cds)
June 21, 2021 Case Stayed Closing Case. PER DE#50 ) (cds)
June 17, 2021 Filing 49 Notice of Supplemental Authority re #39 Defendant's MOTION to Compel Arbitration OR, IN THE ALTERNATIVE, TO DISMISS PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE OR TO DISMISS FOR FAILURE TO STATE A CLAIM AND SUPPORTING ME by Verint Americas Inc., Verint Systems, Inc. (Attachments: #1 Exhibit A - Jacome v. Spirit - Order Granting Motion to Dismiss) (Salky, Mark)
June 17, 2021 Filing 48 Notice of Supplemental Authority re #41 Response in Opposition to Motion, by Tim Lubin (Attachments: #1 Exhibit 1 - Order and Transcript) (Kaufman, Avi)
June 14, 2021 Opinion or Order Filing 47 ORDER Granting #25 Motion to Stay Discovery. Signed by Senior Judge James I. Cohn on 6/14/2021. See attached document for full details. (cds)
June 11, 2021 Filing 46 REPLY to Response to Motion re #25 Defendant's MOTION to Stay Discovery Pending The Court's Ruling on Defendants Motion to Compel Arbitration or, in the Alternative, to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and Improper Venue or to Dismiss for Failure to State a Claim filed by Verint Americas Inc., Verint Systems, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Salky, Mark)
June 11, 2021 Filing 45 REPLY to Response to Motion re #39 Defendant's MOTION to Compel Arbitration OR, IN THE ALTERNATIVE, TO DISMISS PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE OR TO DISMISS FOR FAILURE TO STATE A CLAIM AND SUPPORTING ME filed by Verint Americas Inc., Verint Systems, Inc.. (Salky, Mark)
June 2, 2021 Opinion or Order Filing 44 PAPERLESS ORDER granting #43 Defendants Unopposed Motion for Extension of Time. Defendants shall file their replies in support of their #39 Motion to Compel Arbitration or Dismiss and #25 Motion to Stay Discovery on or before June 11, 2021. Signed by Judge James I. Cohn on 6/2/2021. (pjn)
June 1, 2021 Filing 43 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #42 Response in Opposition to Motion, #41 Response in Opposition to Motion, by Verint Americas Inc., Verint Systems, Inc.. (Attachments: #1 Text of Proposed Order on Defts' Motion for Extension of Time to Respond to Opposition and Response #41 and #42 )(Salky, Mark)
May 28, 2021 Filing 42 RESPONSE in Opposition re #25 Defendant's MOTION to Stay Discovery Pending The Court's Ruling on Defendants Motion to Compel Arbitration or, in the Alternative, to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and Improper Venue or filed by Tim Lubin. Replies due by 6/4/2021. (Kaufman, Avi)
May 28, 2021 Filing 41 RESPONSE in Opposition re #39 Defendant's MOTION to Compel Arbitration OR, IN THE ALTERNATIVE, TO DISMISS PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE OR TO DISMISS FOR FAILURE TO STATE A CLAIM AND SUPPORTING ME filed by Tim Lubin. Replies due by 6/4/2021. (Kaufman, Avi)
May 17, 2021 Filing 40 SUMMONS (Affidavit) Returned Executed on #29 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Tim Lubin. Verint Americas Inc. served on 5/13/2021, answer due 6/3/2021. (Kaufman, Avi)
May 14, 2021 Filing 39 Defendant's MOTION to Compel Arbitration OR, IN THE ALTERNATIVE, TO DISMISS PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE OR TO DISMISS FOR FAILURE TO STATE A CLAIM AND SUPPORTING MEMORANDUM OF LAW by Verint Americas Inc., Verint Systems, Inc.. Responses due by 5/28/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Salky, Mark)
May 13, 2021 Opinion or Order Filing 38 PAPERLESS ORDER re #25 Defendants Motion to Stay Discovery Pending the Courts Ruling on Defendants Motion to Compel Arbitration or, in the Alternative, to Dismiss (Motion). Plaintiff opposes the Motion on the grounds that his Amended Complaint rendered it moot. DE 33. Defendants, however, represent that tomorrow they will be filing a Motion to Compel Arbitration or, in the Alternative, to Dismiss Plaintiffs Amended Complaint that is materially similar to the one they filed in response to Plaintiffs original Complaint. Accordingly, in the interests of efficiency, the Court will consider the Motion re-filed as of Defendants May 14th filing of their Motion to Compel Arbitration or, in the Alternative, to Dismiss Plaintiffs Amended Complaint. Plaintiff may respond to the Motion on or before May 28, 2021. Signed by Judge James I. Cohn on 5/13/2021. (pjn)
May 12, 2021 Filing 37 Defendant's REPLY IN SUPPORT OF THEIR MOTION TO STAY DISCOVERY PENDING THE COURTS RULING ON DEFENDANTS MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS PLAINTIFFS CLASS ACTION COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE OR TO DISMISS FOR FAILURE TO STATE A CLAIM [D.E. 23] by Verint Americas Inc., Verint Systems, Inc.. (Salky, Mark)
May 12, 2021 Filing 36 Summons Issued as to Verint Americas Inc.. (ail)
May 12, 2021 Opinion or Order Filing 35 PAPERLESS ORDER granting #34 Defendants Unopposed Motion for Leave to File Excess Pages. Defendants response to Plaintiffs Amended Complaint may be up to 25 pages in length. Signed by Judge James I. Cohn on 5/12/2021. (pjn)
May 12, 2021 Filing 34 Unopposed MOTION for Leave to File Excess Pages FOR THEIR MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, TO DISMISS PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE OR TO DISMISS FOR FAILURE TO STATE A CLAIM by Verint Americas Inc., Verint Systems, Inc.. Attorney Mark Allan Salky added to party Verint Americas Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Salky, Mark)
May 5, 2021 Filing 33 RESPONSE in Opposition re #25 Defendant's MOTION to Stay Discovery Pending The Court's Ruling on Defendants Motion to Compel Arbitration or, in the Alternative, to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and Improper Venue or filed by Tim Lubin. Replies due by 5/12/2021. (Kaufman, Avi)
May 3, 2021 Opinion or Order Filing 32 PAPERLESS ORDER denying as moot #23 Defendants Motion to Compel Arbitration or Dismiss in light of #29 Plaintiffs First Amended Class Action Complaint. Signed by Judge James I. Cohn on 5/3/2021. (pjn).
May 3, 2021 Filing 31 Clerks Notice of Docket Correction re #30 Summons Issued. Document Restricted Due to Error; Issued in Error. (cds)
May 3, 2021 Filing 30 (RESTRICTED) Summons Issued as to Verint Americas Inc.. (cds) Text Modified on 5/3/2021 (cds).
April 30, 2021 Filing 29 First AMENDED COMPLAINT against Verint Systems, Inc., Verint Americas Inc., filed by Tim Lubin. (Attachments: #1 Summon(s))(Kaufman, Avi)
April 23, 2021 Filing 28 TRANSCRIPT of Telephonic Scheduling Conference held on 3/24/2021 before Magistrate Judge Jared M. Strauss, 1-17 pages, Court Reporter: Stephen Franklin, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/14/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/22/2021. (apz)
April 22, 2021 Opinion or Order Filing 27 PAPERLESS ORDER granting #26 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff shall respond to #23 Defendants Motion to Compel Arbitration or Dismiss on or before May 7, 2021. Signed by Judge James I. Cohn on 4/21/2021. (pjn)
April 21, 2021 Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #23 MOTION to Compel Arbitration or, in the Alternative, to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and Improper Venue or to Dismiss for Failure to State a Claim and Supporting Memorandum of Law by Tim Lubin. (Attachments: #1 Text of Proposed Order)(Kaufman, Avi)
April 21, 2021 Filing 25 Defendant's MOTION to Stay Discovery Pending The Court's Ruling on Defendants Motion to Compel Arbitration or, in the Alternative, to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and Improper Venue or to Dismiss for Failure to State a Claim [D.E. 23] and Incorporated Memorandum of Law by Foresee Session Replay, Inc., Verint Systems, Inc.. Responses due by 5/5/2021 (Salky, Mark)
April 9, 2021 Filing 24 NOTICE by Foresee Session Replay, Inc., Verint Systems, Inc. re #23 MOTION to Compel Arbitration or, in the Alternative, to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and Improper Venue or to Dismiss for Failure to State a Claim and Supporting Memorandum of Law , of Filing Corrected Exhibit 2 to DE 23 (Attachments: #1 Exhibit 2 (Corrected) - Decl. of William Shriver) (Salky, Mark)
April 9, 2021 Filing 23 MOTION to Compel Arbitration or, in the Alternative, to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and Improper Venue or to Dismiss for Failure to State a Claim and Supporting Memorandum of Law by Foresee Session Replay, Inc., Verint Systems, Inc.. Responses due by 4/23/2021 (Attachments: #1 Exhibit 1 - Decl. of Kimberly Lees, #2 Exhibit 2 - Decl. of William Shriver)(Salky, Mark)
April 9, 2021 Opinion or Order Filing 22 PAPERLESS ORDER granting #21 Defendants Unopposed Motion for Leave to File Excess Pages. Defendants response to Plaintiffs Complaint may be up to 25 pages in length. Signed by Judge James I. Cohn on 4/9/2021. (pjn)
April 8, 2021 Filing 21 Unopposed MOTION for Leave to File Excess Pages for Their Motion to Compel Arbitration or, In the Alternative, to Dismiss Plaintiff's Class Action Complaint or Lack of Personal Jurisdiction and Improper Venue or to Dismiss for Failure to State a Claim by Foresee Session Replay, Inc., Verint Systems, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Salky, Mark)
April 7, 2021 Filing 20 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Harry R. Schafer as Mediator. Mediation Hearing set for 1/6/2022 at 9:00 a.m.. (Attachments: #1 Text of Proposed Order)(Kaufman, Avi)
April 2, 2021 Opinion or Order Filing 19 PAPERLESS ORDER granting #18 Defendants Unopposed Motion for Extension of Time to Respond to the Complaint. Defendants shall respond to Plaintiffs Complaint on or before April 9, 2021. Signed by Judge James I. Cohn on 4/2/2021. (pjn)
April 1, 2021 Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Foresee Session Replay, Inc., Verint Systems, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Salky, Mark)
March 26, 2021 Opinion or Order Filing 17 PAPERLESS ORDER denying without prejudice #16 Plaintiffs Unopposed Motion to Substitute Defendant (Motion). Plaintiff seeks to add Verint Americas Inc. as a party and dismiss Defendant Foresee Session Replay, Inc. But, although he cites Rule 15(a)(2) of the Federal Rules of Civil Procedure governing amended pleadings, Plaintiff does not appear to seek to amend his Complaint. Rather, he requests that the Court substitute Verint Americas Inc. as the Defendant. The Court finds Plaintiffs Motion procedurally deficient. Should Plaintiff wish to amended his Complaint to add Verint Americas Inc. and dismiss Defendant Foresee Session Replay, Inc., and if the Courts leave is required for him to do so, he may file a motion to amend under Rule 15(a), which, as required by Local Rule 15.1, must include as an attachment the proposed amendment. Signed by Judge James I. Cohn on 3/26/2021. (pjn)
March 26, 2021 Filing 16 Unopposed MOTION to Substitute Party Defendant by Tim Lubin. Responses due by 4/9/2021 (Attachments: #1 Text of Proposed Order)(Kaufman, Avi)
March 24, 2021 Opinion or Order Filing 15 ORDER REQUIRING MEDIATION, (Miscellaneous Deadline 4/7/2021.) Signed by Magistrate Judge Jared M. Strauss on 3/24/2021. See attached document for full details. (osd)
March 24, 2021 Opinion or Order Filing 14 SCHEDULING ORDER: re #4 Scheduling Order,,, Order Referring Case to Magistrate Judge. Amended Pleadings due by 5/10/2021. Expert Discovery due by 11/24/2021. Fact Discovery due by 11/12/2021. Joinder of Parties due by 5/10/2021. Mediation Deadline 1/13/2022. Dispositive Motions due by 12/9/2021. In Limine Motions due by 1/27/2022. Pretrial Stipulation due by 2/4/2022. Signed by Magistrate Judge Jared M. Strauss on 3/24/2021. See attached document for full details. (osd) #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.
March 24, 2021 Filing 13 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Scheduling Conference held on 3/24/2021. Order to follow. Attorney Appearance(s): Plaintiff: Rachel E. Kaufman, Avi Robert Kaufman, Defendants: Mark Allan Salky, Stephanie Peral, (Digital JMS_03,04,05-3-24-2021 DIGITAL RECORDING) (at)
March 17, 2021 Filing 12 Statement of: Certifying Conferral by Tim Lubin re #11 Order,, Order Setting/Cancelling Hearing, (Kaufman, Avi)
March 4, 2021 Opinion or Order Filing 11 ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE for 3/24/2021 at 01:30 PM in Fort Lauderdale Division before Magistrate Judge Jared M. Strauss pursuant to #4 Scheduling Order. (Joint Scheduling Report or Certification due by 3/17/2021.) Signed by Magistrate Judge Jared M. Strauss on 3/4/2021. See attached document for full details. (osd)
March 3, 2021 Filing 10 NOTICE of Attorney Appearance by Mark Allan Salky on behalf of Foresee Session Replay, Inc., Verint Systems, Inc. (Salky, Mark)
March 3, 2021 Filing 9 NOTICE of Attorney Appearance by Stephanie Peral on behalf of Foresee Session Replay, Inc., Verint Systems, Inc.. Attorney Stephanie Peral added to party Foresee Session Replay, Inc.(pty:dft), Attorney Stephanie Peral added to party Verint Systems, Inc.(pty:dft). (Peral, Stephanie)
March 3, 2021 Opinion or Order Filing 8 PAPERLESS ORDER granting #7 Defendants Unopposed Motion for Extension of Time to Respond to the Complaint. Defendants shall respond to Plaintiffs Complaint on or before April 5, 2021. Signed by Judge James I. Cohn on 3/3/2021. (pjn)
March 3, 2021 Filing 7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Foresee Session Replay, Inc., Verint Systems, Inc.. Attorney Mark Allan Salky added to party Foresee Session Replay, Inc.(pty:dft), Attorney Mark Allan Salky added to party Verint Systems, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Salky, Mark)
February 16, 2021 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 Tim Lubin. Verint Systems, Inc. served on 2/12/2021, answer due 3/5/2021. (Kaufman, Avi)
February 16, 2021 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 Tim Lubin. Foresee Session Replay, Inc. served on 2/12/2021, answer due 3/5/2021. (Kaufman, Avi)
February 10, 2021 Opinion or Order Filing 4 ORDER SETTING CALENDAR CALL AND TRIAL DATE, AND ORDER OF REFERENCE TO UNITED STATES MAGISTRATE JUDGE Jared M. Strauss FOR SCHEDULING MATTERS AND PRETRIAL DISCOVERY MATTERS: ( Jury Trial set for 2/14/2022 09:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn., Calendar Call set for 2/10/2022 09:00 AM before Senior Judge James I. Cohn.) Signed by Senior Judge James I. Cohn on 2/10/2021. See attached document for full details. (cds) #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.
February 10, 2021 Filing 3 Summons Issued as to Foresee Session Replay, Inc., Verint Systems, Inc.. (cds)
February 9, 2021 Filing 2 Clerks Notice of Judge Assignment to Senior Judge James I. Cohn. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (cds)
February 9, 2021 Filing 1 COMPLAINT against Foresee Session Replay, Inc., Verint Systems, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14361573, filed by Tim Lubin. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Kaufman, Avi)

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 Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Lubin v. Foresee Session Replay, Inc. et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Tim Lubin
Represented By: Avi Robert Kaufman
Represented By: Rachel E Kaufman
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: Foresee Session Replay, Inc.
Represented By: Stephanie Peral
Represented By: Mark Allan Salky
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: Verint Systems, Inc.
Represented By: Stephanie Peral
Represented By: Mark Allan Salky
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: Verint Americas Inc.
Represented By: Mark Allan Salky
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?