Wham! Frozen Foods Inc. v. Built Brands, LLC
Plaintiff: Wham! Frozen Foods Inc.
Defendant: Built Brands, LLC
Case Number: 0:2021cv60849
Filed: April 20, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodolfo A Ruiz
Referring Judge: Jared M Strauss
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2022 Opinion or Order Filing 66 PAPERLESS ORDER granting #65 Joint Motion for Extension of Time to File Joint Stipulation of Dismissal. The parties shall file a stipulation of dismissal on or before August 9, 2022. Signed by Judge Rodolfo A. Ruiz, II on 6/3/2022. (ob)
June 3, 2022 Filing 65 Joint MOTION for Extension of Time to file Joint Stipulation of Dismissal re #62 Administrative Order, #64 Order by Built Brands, LLC. Responses due by 6/17/2022 (Attachments: #1 Text of Proposed Order)(Sales, Erin)
June 1, 2022 Opinion or Order Filing 64 ORDER ON JOINT STIPULATION OF DISMISSAL WITH PREJUDICE. Signed by Judge Rodolfo A. Ruiz, II on 6/1/2022. See attached document for full details. (ob)
May 31, 2022 Filing 63 STIPULATION of Dismissal With Prejudice by Built Brands, LLC (Sales, Erin)
April 28, 2022 Opinion or Order Filing 62 ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2022. See attached document for full details. (ob)
April 28, 2022 Filing 61 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Settlement Conference held on 4/28/2022. Case Settled. Attorney Appearance(s): Bernard L. Egozi for the Plaintiff. Erin Michelle Sales for the Defendant, Non-Attorney Appearances: Jonathon Auspitz Corporate Representative for Plaintiff. Benjamin Beeson Corporate Representative for Defendant. (Digital ZOOM RECORDED) (at)
April 28, 2022 Filing 60 REPORT ON SETTLEMENT CONFERENCE. Signed by Magistrate Judge Jared M. Strauss on 4/28/2022. See attached document for full details. (ab03)
March 28, 2022 Opinion or Order Filing 59 Order Setting Settlement Conference for 4/28/2022 at 09:30 AM before Magistrate Judge Jared M. Strauss. Confidential Settlement Statements due 4/21/2022. Signed by Magistrate Judge Jared M. Strauss on 3/28/2022. See attached document for full details. (ab03)
March 24, 2022 Opinion or Order Filing 58 PAPERLESS ORDER regarding Settlement Conference Referral. The District Court has entered an Order (DE 56) referring the case to me for a settlement conference. Accordingly, counsel for the parties are ORDERED to meet and confer to determine possible dates on which to conduct the settlement conference. Within the time frame indicated in the District Court's order, Plaintiffs' counsel shall email my chambers (and copy opposing counsel) at strauss@flsd.uscourts.gov and provide the parties availability on either April 28, April 29, or May 2. Following confirmation of the parties' availability, I will enter an order setting the settlement conference. Signed by Magistrate Judge Jared M. Strauss on 3/24/2022. (ab03)
March 24, 2022 Opinion or Order Filing 57 PAPERLESS ORDER removing this matter from the trial calendar in light of the 55 status conference held on March 24, 2022 and the #56 Court's Order Referring the Case for Settlement Conference before Magistrate Judge Jared M. Strauss. Should the parties fail to resolve the case at the settlement conference, the Court will hold a status conference and promptly reset the matter for trial. Signed by Judge Rodolfo A. Ruiz, II on 3/24/2022. (ob)
March 24, 2022 Filing 56 REFERRAL FOR SETTLEMENT CONFERENCE. Signed by Judge Rodolfo A. Ruiz, II on 3/24/2022. See attached document for full details. (ob)
March 24, 2022 Filing 55 PAPERLESS Minute Entry for proceedings held before Judge Rodolfo A. Ruiz, II: Telephonic Status Conference held on 3/24/2022. Order to follow. Attorney Appearance(s): Yuval Manor, James Etscorn, Erin Michelle Sales, Court Reporter: James Pence Aviles, 305-523-5633 / James_PenceAviles@flsd.uscourts.gov. (gp)
March 24, 2022 Trial terminated. PER DE#10 (cds)
March 22, 2022 Filing 54 NOTICE of Attorney Appearance by Erin Michelle Sales on behalf of Built Brands, LLC (Sales, Erin)
March 21, 2022 Opinion or Order Filing 53 PAPERLESS ORDER setting telephonic status conference for Thursday, March 24, 2022 at 2:00 P.M. The parties are instructed to call 1-877-402-9753 by no later than 1:55 P.M. The access code is 9372453 and the password is 0918. The Court requires that the parties appear via a landline (i.e., not a cellular phone or a speaker phone) if possible for clarity. Signed by Judge Rodolfo A. Ruiz, II on 3/21/2022. (ob)
March 21, 2022 Opinion or Order Filing 52 ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Signed by Judge Rodolfo A. Ruiz, II on 3/21/2022. See attached document for full details. (ob)
January 26, 2022 Opinion or Order Filing 50 PAPERLESS ORDER granting #48 Defendant's Unopposed Motion to File Certain Records under Seal. Defendant is permitted to file unredacted versions of #43 the Parties' Joint Pre-Trial Stipulation and #44 Defendant's Proposed Findings of Fact and Conclusions of Law under seal. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2022. (ob)
January 26, 2022 Filing 48 Unopposed MOTION to Seal Certain Records per Local Rule 5.4 by Built Brands, LLC. (Sales, Erin)
January 26, 2022 Opinion or Order Filing 47 PAPERLESS ORDER granting #46 Plaintiff's Motion to Seal Certain Records. Plaintiff is permitted to file an unredacted version of its #45 Proposed Findings of Fact and Proposed Conclusions of Law under seal. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2022. (ob)
January 26, 2022 Filing 46 MOTION to Seal Certain Records per Local Rule 5.4 by Wham! Frozen Foods Inc.. (Egozi, Bernard)
January 26, 2022 SYSTEM ENTRY - Docket Entry 49 [misc] restricted/sealed until further notice. (802898)
January 26, 2022 SYSTEM ENTRY - Docket Entry 51 [misc] restricted/sealed until further notice. (1967338)
January 25, 2022 Filing 45 Proposed Findings of Fact and Proposed Conclusions of Law by Wham! Frozen Foods Inc.. (Egozi, Bernard)
January 25, 2022 Filing 44 Proposed Findings of Fact and Proposed Conclusions of Law by Built Brands, LLC. (Sales, Erin)
January 25, 2022 Filing 43 PRETRIAL STIPULATION (JOINT) by Built Brands, LLC (Sales, Erin)
January 19, 2022 Filing 42 Plaintiff's REPLY in Further Support of its Motion for Summary Judgment by Wham! Frozen Foods Inc.. (Egozi, Bernard)
January 19, 2022 Filing 41 REPLY to #25 Response/Reply (Other), Defendant's Responsive Statement of Material Facts in Opposition to Plaintiff's Motion for Summary Judgment, by Wham! Frozen Foods Inc.. (Attachments: #1 Exhibit A)(Egozi, Bernard)
January 19, 2022 Filing 38 CLERK'S NOTICE of Compliance by Sealing 34 & 35 pursuant to 37 Paperless Order. (kpe)
January 19, 2022 SYSTEM ENTRY - Docket Entry 39 [misc] restricted/sealed until further notice. (802898)
January 19, 2022 SYSTEM ENTRY - Docket Entry 40 [misc] restricted/sealed until further notice. (802898)
January 18, 2022 SYSTEM ENTRY - Docket Entry 34 [respm] restricted/sealed until further notice. (kpe)
January 18, 2022 SYSTEM ENTRY - Docket Entry 35 [respm] restricted/sealed until further notice. (kpe)
January 18, 2022 Opinion or Order Filing 37 PAPERLESS ORDER granting #36 Plaintiff's Motion to Seal Certain Records. The Clerk is instructed to seal Plaintiff's Reply in Further Support of Summary Judgment [ECF No. 35] ("Reply"), Reply Statement of Material Facts to Defendant's Responsive Statement of Material Facts in Opposition to Plaintiff's Motion for Summary Judgment [ECF No. 34] ("RSMF"), and Exhibit A to Plaintiff's RSMF [ECF No. 34-1] ("Exhibit A"). Plaintiff may file public, redacted versions of its Reply, RSMF, and Exhibit A. Further, Plaintiff may file unredacted versions of its Reply, RSMF, and Exhibit A under seal. Signed by Judge Rodolfo A. Ruiz, II on 1/18/2022. (ob)
January 18, 2022 Filing 36 MOTION to Seal per Local Rule 5.4 by Wham! Frozen Foods Inc.. (Manor, Yuval)
January 13, 2022 Opinion or Order Filing 33 ORDER PROVIDING INSTRUCTIONS FOR BENCH TRIAL. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2022. See attached document for full details. (cds)
January 13, 2022 Opinion or Order Filing 31 PAPERLESS ORDER striking #28 Order Providing Instructions for Jury Trial. By separate order, the Court will provide the parties with bench trial instructions. To the extent this order does not answer the parties' questions as outlined in #30 Joint Motion for Clarification Regarding Scheduling Order and Order Providing Instructions for Jury Trial, the parties can file an additional motion with the Court. Thereby the parties' #30 Joint Motion for Clarification Regarding Scheduling Order and Order Providing Instructions for Jury Trial is DENIED as MOOT. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2022. (ob)
January 13, 2022 Filing 30 Joint MOTION for clarification 13 Order on Motion to Amend/Correct, #28 Order, #10 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, and Order Providing Instructions for Jury Trial by Built Brands, LLC. Responses due by 1/27/2022 (Sales, Erin)
January 13, 2022 Opinion or Order Filing 29 PAPERLESS ORDER granting #27 Defendant's Unopposed Motion to File Certain Records Under Seal. Defendant may file unredacted versions of its Statement of Facts (ECF No. 25) ("SOF"), Exhibits A-E to the SOF (ECF Nos. 25-1, 25-5), Response (ECF No. 26), and Exhibit C to the Response (ECF No. 26-3) under seal. Signed by Judge Rodolfo A. Ruiz, II on 1/13/2022. (ob)
January 13, 2022 SYSTEM ENTRY - Docket Entry 32 [misc] restricted/sealed until further notice. (1967338)
January 12, 2022 Opinion or Order Filing 28 (STRICKEN PER DE#31)ORDER PROVIDING INSTRUCTIONS FOR JURY TRIAL. Signed by Judge Rodolfo A. Ruiz, II on 1/12/2022. See attached document for full details. (cds)Text Modified on 1/13/2022 (cqs).
January 12, 2022 Filing 27 Unopposed MOTION to File Certain Records Under Seal re #25 Response/Reply (Other), #26 Response/Reply (Other), by Built Brands, LLC. (Sales, Erin)
January 11, 2022 Filing 26 Defendant's RESPONSE in Opposition to Plaintiff's Motion for Summary Judgment by Built Brands, LLC. (Attachments: #1 Exhibit A - Defendants Initial Disclosures, #2 Exhibit B - Plaintiffs Response to First Set of Interrogatories, #3 Exhibit C - Defendants Supplemental Response to Plaintiffs First Set of Interrogatories)(Sales, Erin)
January 11, 2022 Filing 25 Defendant's RESPONSE Statement of Material Facts in Opposition to Plaintiff's Motion for Summary Judgment by Built Brands, LLC. (Attachments: #1 Exhibit A - Relevant Portions of Builts Discovery Production, #2 Exhibit B - Deposition of Jonathon Auspitz, #3 Exhibit C - Relevant Portions of Whams Discovery Production, #4 Exhibit D - Declaration of Benjamin Beeson, #5 Exhibit E - Deposition of Corporate Representative)(Sales, Erin)
January 3, 2022 Filing 24 CLERK'S NOTICE of Compliance by Sealing 18 & 19 pursuant to DE #21 Order. (kpe)
January 3, 2022 SYSTEM ENTRY - Docket Entry 22 [misc] restricted/sealed until further notice. (802898)
January 3, 2022 SYSTEM ENTRY - Docket Entry 23 [misc] restricted/sealed until further notice. (802898)
December 30, 2021 Opinion or Order Filing 21 ORDER GRANTING PLAINTIFF'S MOTION TO SEAL CERTAIN RECORDS. Signed by Judge Rodolfo A. Ruiz, II on 12/30/2021. See attached document for full details. (ob)
December 30, 2021 Filing 20 MOTION to Seal Certain Records per Local Rule 5.4 by Wham! Frozen Foods Inc.. (Egozi, Bernard)
December 28, 2021 Filing 19 MOTION for Summary Judgment by Wham! Frozen Foods Inc.. Responses due by 1/11/2022 (Egozi, Bernard)
December 28, 2021 Filing 18 Statement of: Material Facts in Support of Motion for Summary Judgment by Wham! Frozen Foods Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Egozi, Bernard)
August 27, 2021 Filing 17 MEDIATION REPORT by Richard D. Eade. Disposition: Case did not settle.(Salmon, John)
June 14, 2021 Opinion or Order Filing 16 ORDER Scheduling Mediation before Richard Eade. Mediation Hearing set for 8/26/2021 09:30 AM via videoconference. Signed by Judge Rodolfo A. Ruiz, II on 6/14/2021. See attached document for full details. (cds)
June 9, 2021 Filing 15 NOTICE of Mediation Hearing. Richard D. Eade Selected/Added Richard D. Eade as Mediator. Mediation Hearing set for 8/26/2021 at 9:30am. (Salmon, John)
June 8, 2021 Opinion or Order Filing 14 ORDER TO SHOW CAUSE. Show Cause Response due by 6/15/2021. Signed by Judge Rodolfo A. Ruiz, II on 6/8/2021. See attached document for full details. (as03)
June 3, 2021 Reset Hearings ( Bench Trial set for 4/11/2022 before Judge Rodolfo A. Ruiz II. ),Jury Trial terminated. Per DE#13. (cqs)
June 2, 2021 Opinion or Order Filing 13 PAPERLESS ORDER granting #12 Defendant's Unopposed Motion to Amend Scheduling Order. The Order Setting Jury Trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge [ECF No. 10] is hereby amended to set this action for bench trial. The dates for the trial and calendar call will remain unchanged. Signed by Judge Rodolfo A. Ruiz, II on 6/2/2021. (as03)
May 24, 2021 Filing 12 Unopposed MOTION to Amend/Correct #8 SCHEDULING REPORT - Rule 26(f)/16.1, #11 Order, #10 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by Built Brands, LLC. Responses due by 6/7/2021 (Attachments: #1 Exhibit A - Email, #2 Text of Proposed Order B - Proposed Order)(Sales, Erin)
May 18, 2021 Opinion or Order Filing 11 DISCOVERY PROCEDURES ORDER re #10 Scheduling Order. Signed by Magistrate Judge Jared M. Strauss on 5/18/2021. See attached document for full details. (osd)
May 14, 2021 Opinion or Order Filing 10 SCHEDULING ORDER: ( Jury Trial set for 4/11/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 4/5/2022 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 6/25/2021., Discovery due by 12/14/2021., Expert Discovery due by 12/14/2021., Joinder of Parties due by 6/25/2021., Dispositive Motions due by 12/28/2021., Pretrial Motions due by 12/28/2021., Joint Pretrial Stipulation due by 1/25/2022.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 12/21/2021.), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 5/14/2021. See attached document for full details. (lk) #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.
May 12, 2021 Filing 9 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Built Brands, LLC (Sales, Erin)
May 11, 2021 Filing 8 Joint SCHEDULING REPORT - Rule 16.1 by Built Brands, LLC (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Sales, Erin)
May 4, 2021 Opinion or Order Filing 7 PAPERLESS ORDER striking #6 Defendant's Initial Disclosures. Local Rule 26.1(b) of the U.S. District Court for the Southern District of Florida provides that initial disclosures shall not be filed with the Court "until they are used in the proceeding or the court orders their filing." To date, these disclosures have not been used in this proceeding, nor has the Court ordered their filing. Signed by Judge Rodolfo A. Ruiz, II on 5/4/2021. (as03)
April 28, 2021 Filing 6 (STRICKEN PER DE#7.)Initial Disclosure(s) Pursuant to Federal Rule of Civil Procedure 26(a)(1)(A) by Wham! Frozen Foods Inc. (Egozi, Bernard)Text Modified on 5/4/2021 (cqs).
April 28, 2021 Filing 5 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Wham! Frozen Foods Inc. identifying Other Affiliate Jonathan Auspitz for Wham! Frozen Foods Inc. (Egozi, Bernard)
April 28, 2021 Opinion or Order Filing 4 Order Requiring Joint Scheduling Report. Joint Scheduling Report due by 5/18/2021. Signed by Judge Rodolfo A. Ruiz, II on 4/28/2021. See attached document for full details. (as03)
April 21, 2021 Filing 3 Corporate Disclosure Statement by Built Brands, LLC (Durkin, Denis)
April 20, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. 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. (cds)
April 20, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14621823, filed by Built Brands, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Durkin, Denis) Text Modified on 4/21/2021 (cds). Answer Filed (Exh.#1)/No Motion to Dismiss Filed.

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Plaintiff: Wham! Frozen Foods Inc.
Represented By: Bernard Lewis Egozi
Represented By: Yanina Zilberman
Represented By: Yuval Manor
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Defendant: Built Brands, LLC
Represented By: Denis Lawrence Durkin
Represented By: Erin Michelle Sales
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