Epoch International Partners, LLP v. Bigfoot Inc. et al
| Epoch International Partners, LLP |
| Bigfoot Inc., Christopher Clarke, Oren Manelis, Step Inc, James Fultz and Chris Clarke |
| Smartsilk Corporation Inc. |
| 0:2021cv60892 |
| April 27, 2021 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Alicia O Valle |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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Filing 134
ORDER Dismissing Case (With Prejudice) Joint Stipulation for Dismissal (DE #133 ). The Clerk of Court shall CLOSE this case and DENY AS MOOT any pending motions. Signed by Judge Raag Singhal on 5/23/2023. See attached document for full details. (nan)
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| Filing 133 STIPULATION of Dismissal by Epoch International Partners, LLP (Shilling, Cody) |
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Filing 132
ORDER. Paperless Minute Entry (DE 131 ). ORDERED AND ADJUDGED that the Clerk of Court shall administratively CLOSEthis case and DENY AS MOOT any pending motions. The parties shall file a Joint Stipulation for Dismissal no later than May 22, 2023. All pending deadlines are cancelled. Signed by Judge Raag Singhal on 4/28/2023. See attached document for full details. (nan)
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| Filing 131 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe: In-person Settlement Conference held on 04/14/2023. Plaintiff Epoch International Partners present with counsel, Cody Shilling, Esq. and corporate representative James Fultz; Intervenor Plaintiff Smartsilk Corp. present with counsel, Stephanie Traband, Esq. and corporate representative Yair Altman; Defendant Bigfoot, Inc. present with counsel Evan Appell, Esq. and corporate representative Christopher Clarke. Good faith negotiations held. CASE SETTLED IN FULL. The Parties agree to file a joint notice of dismissal. Total time in court: 3 hour(s) : 11 minutes. (Digital DAR 14:04:35-17:14:24) (mw00) |
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Filing 130
ORDER granting #129 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge Ryon M. McCabe on 4/13/2023. See attached document for full details. (mw00)
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| Filing 129 Joint MOTION to Bring Electronic Equipment into the courtroom FOR USE AT SETTLEMENT CONFERENCE by Smartsilk Corporation Inc.. Responses due by 4/27/2023 (Attachments: #1 Proposed Order on Joint Motion to Bring Electronic Equipment for Use at Settlement Conference)(Traband, Stephanie) |
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Filing 128
ORDER. Settlement Conference set for 4/14/2023 02:00 PM in West Palm Beach Division before Magistrate Judge Ryon M. McCabe. The Parties' confidential settlement memoranda shall be submitted by 12:00 P.M. on Tuesday, April 11, 2023. Signed by Magistrate Judge Ryon M. McCabe on 3/28/2023. See attached document for full details. (mw00)
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Filing 127
PAPERLESS ORDER: This matter has been referred to the undersigned for a settlement conference DE #126 . The parties shall contact the undersigned's Chambers by telephone (561-803-3470) or by email (McCabe@flsd.uscourts.gov) with three mutually agreed upon dates for a settlement conference in accordance with the Court's Order DE #126 . The settlement conference must take place before April 15, 2023. Unless both parties agree otherwise, the settlement conference will be conducted via Zoom. If both parties prefer an in-person settlement conference, please advise Chambers. Signed by Magistrate Judge Ryon M. McCabe on 3/24/2023. (mw00)
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Filing 126
ORDER REFERRING CASE to Magistrate Judge Ryon M. McCabe for Settlement., ( Dispositive Motions due by 5/12/2023.) Signed by Judge Raag Singhal on 3/23/2023. See attached document for full details. (nan) Modified text on 3/24/2023 (asl).
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Filing 125
ORDER granting in part and denying in part #124 Motion. ORDERED AND ADJUDGED that the Joint Motion for Status and Settlement Conferences (DE #124 ) is GRANTED IN PART AND DENIED IN PART. The request for a status conference is DENIED. The request for referral to a United States Magistrate Judge for a settlement conference is GRANTED. This matter is referred to the Honorable Ryon McCabe to conduct a settlement conference by APRIL 14, 2023. All parties and counsel must attend the settlement conference. It is further ORDERED AND ADJUDGED that the deadline for filing dispositive motions and Daubert motions is sua sponte extended to MAY 12, 2023. All other deadlines remain in effect. Signed by Judge Raag Singhal on 3/23/2023. See attached document for full details. (nan)
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| Filing 124 Joint MOTION Status and Settlement Conference by Bigfoot Inc., Smartsilk Corporation Inc.. (Traband, Stephanie) |
| Filing 123 CLERK'S NOTICE - Attorney Admissions has updated the contact information for attorney Sergio Eduardo Molina re #121 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 122 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Sergio Eduardo Molina re #121 Notice of Change of Address, Email or Law Firm Name. Attorney Sergio Eduardo Molina has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 121 NOTICE of Change of Address, Email or Law Firm Name by Sergio Eduardo Molina (Molina, Sergio) |
| Filing 120 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorneys Stephanie Reed Traband and Gabriel A. Lievano re #119 Notice of Change of Address, Email or Law Firm Name. Attorney Stephanie Reed Traband and Gabriel A. Lievano have not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorneys are instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 119 NOTICE of Change of Address, Email or Law Firm Name by Stephanie Reed Traband (Traband, Stephanie) |
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Filing 118
ORDER Granting #113 Defendant Bigfoot Inc.'s and Intervenor Smartsilk Corporation Inc.'s Joint Motion to Stay Case. Dispositive Motions due by 4/21/2023. In Limine Motions due by 6/16/2023. Pretrial Stipulation due by 7/18/2023. Calendar Call set for 7/28/2023 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal. Jury Trial set for 7/31/2023 in Fort Lauderdale Division before Judge Raag Singhal. Signed by Judge Raag Singhal on 1/9/2023. See attached document for full details. (nan)
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| Filing 117 PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Motion Hearing held on 1/9/2023 re #99 Joint MOTION for Extension of Time to Extend Pretrial and Trial Deadlines in the Court's Scheduling Order filed by Smartsilk Corporation Inc. Order forthcoming. Total time in court: 30 minutes. Attorney Appearance(s): Evan David Appell, Kelsey K Black, Cody Jordan Shilling, Stephanie Reed Traband, Gabriel A. Lievano. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (pb00) |
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Filing 116
PAPERLESS ORDER Setting Hearing on Motion #113 Joint MOTION to Stay (JOINT MOTION TO STAY CASE) : Motion Hearing set for 1/5/2023 at 03:30 PM in Fort Lauderdale Division before Judge Raag Singhal. Signed by Judge Raag Singhal on 1/3/2023. (pb00)
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| Filing 115 RESPONSE in Opposition re #113 Joint MOTION to Stay (JOINT MOTION TO STAY CASE) filed by Epoch International Partners, LLP. Replies due by 1/9/2023. (Shilling, Cody) |
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Filing 114
PAPERLESS ORDER expediting response to #113 Joint MOTION to Stay. Responses due by 1/3/2023. No reply will be filed except upon further order of the Court. Signed by Judge Raag Singhal on 12/27/2022. (pb00)
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| Filing 113 Joint MOTION to Stay (JOINT MOTION TO STAY CASE) by Smartsilk Corporation Inc.. Responses due by 1/6/2023 (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING JOINT MOTION TO STAY CASE)(Traband, Stephanie) |
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Filing 112
ORDER Granting #108 Smartsilk Corporation, Inc., Motion for Extension of Time to Submit Expert Report. Expert Discovery due by 1/9/2023. Signed by Judge Raag Singhal on 12/15/2022. See attached document for full details. (nan) Modified text on 12/20/2022 (nan).
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Filing 111
PAPERLESS Order Re-setting Status Conference Re Case Management/Posture Matters for 1/5/2023 at 03:30 PM in Fort Lauderdale Division, Courtroom 110, before Judge Raag Singhal. Signed by Judge Raag Singhal on 12/6/2022. (pb00)
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Filing 110
PAPERLESS ORDER Setting Status Conference: Status Conference Re Case Management/Posture Matters set for 1/13/2023 at 01:30 PM in Fort Lauderdale Division, Courtroom 110, before Judge Raag Singhal. Signed by Judge Raag Singhal on 12/6/2022. (pb00)
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Filing 109
PAPERLESS ORDER expediting response to #108 Smartsilk Corporation Inc.'s MOTION for Extension of Time to Submit Expert Report. Responses due by 12/9/2022. No reply will be filed absent further order of the Court. Signed by Judge Raag Singhal on 12/6/2022. (pb00)
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| Filing 108 MOTION for Extension of Time to Submit Expert Report re #100 Order on Motion for Extension of Time,, by Smartsilk Corporation Inc.. Responses due by 12/15/2022 (Traband, Stephanie) |
| Filing 107 ANSWER to Crossclaim by Epoch International Partners, LLP(a Limited Liability Partnership, organized under the laws of England and Wales). (Shilling, Cody) |
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Filing 106
PAPERLESS ORDER granting #105 Motion for Extension of Time to File Response to #103 Second Amended Crossclaim. Response due by 9/19/2022. Signed by Judge Raag Singhal on 9/8/2022. (pb00)
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| Filing 105 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #103 Crossclaim by Epoch International Partners, LLP(a Limited Liability Partnership, organized under the laws of England and Wales). (Attachments: #1 Text of Proposed Order Proposed Order)(Shilling, Cody) |
| Filing 104 ANSWER to Intervenor Complaint Second Amended Intervenor Complaint by Epoch International Partners, LLP(a Limited Liability Partnership, organized under the laws of England and Wales). (Attachments: #1 Exhibit 1)(Black, Kelsey) |
| Filing 103 Second CROSSCLAIM (Amended) against Epoch International Partners, LLP(a Limited Liability Partnership, organized under the laws of England and Wales), filed by Bigfoot Inc.(a Florida Corporation).(Appell, Evan) |
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Filing 102
ORDER denying #66 Motion to Dismiss for Failure to State a Claim. Amended Answer to Second Amended Intervenor Complaint due by 8/31/2022. Signed by Judge Raag Singhal on 8/19/2022. See attached document for full details. (pb00)
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Filing 101
ORDER. Motion to Dismiss or Strike Amended Crossclaim DE #90 is GRANTED IN PART AND DENIED IN PART. Cross Plaintiff shall file a Second Amended Crossclaim no later than August 29, 2022. Signed by Judge Raag Singhal on 8/18/2022. See attached document for full details. (ebz)
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Filing 100
ORDER granting #99 MOTION TO EXTEND BRIEFING DEADLINES AND PRETRIAL AND TRIAL DEADLINES IN THE COURT'S SCHEDULING ORDER. Discovery due by 12/29/2022. Expert Discovery due by 12/29/2022. Fact Discovery due by 12/29/2022. Mediation Deadline 1/5/2023. Dispositive Motions due by 1/13/2023. In Limine Motions due by 3/10/2023. Motions due by 3/10/2023. Pretrial Stipulation due by 4/11/2023. Calendar Call set for 4/21/2023 10:00 AM before Judge Raag Singhal. Jury Trial set for 4/24/2023 before Judge Raag Singhal. Signed by Judge Raag Singhal on 7/28/2022. See attached document for full details. (scn)
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| Filing 99 Joint MOTION for Extension of Time to Extend Pretrial and Trial Deadlines in the Court's Scheduling Order by Smartsilk Corporation Inc.. Responses due by 8/10/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Traband, Stephanie) |
| Filing 98 NOTICE of Striking #97 Joint MOTION for Extension of Time to Extend Pretrial and Trial Deadlines in the Court's Scheduling Order filed by Smartsilk Corporation Inc. by Smartsilk Corporation Inc. (Traband, Stephanie) |
| Filing 97 STRICKEN Joint MOTION for Extension of Time to Extend Pretrial and Trial Deadlines in the Court's Scheduling Order by Smartsilk Corporation Inc.. Responses due by 8/10/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Lievano, Gabriel) Modified per DE #98 Notice of Striking on 7/28/2022 (ebz). |
| Filing 96 REPLY to #95 Response in Opposition to Motion to Dismiss or Strike Amended Crossclaim by Epoch International Partners, LLP(a Limited Liability Partnership, organized under the laws of England and Wales). (Shilling, Cody) |
| Filing 95 RESPONSE in Opposition re #90 MOTION TO DISMISS #88 Crossclaim FOR FAILURE TO STATE A CLAIM filed by Bigfoot Inc.(a Florida Corporation). Replies due by 6/10/2022. (Appell, Evan) |
| Filing 94 Clerks Notice of Docket Correction re 93 Clerks Notice of Docket Correction and Instruction to Filer - Attorney,,. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 22CV60692. (ebz) |
| Filing 93 Document Restricted per DE 94 Clerks Notice of Docket Correction (ebz) Modified on 5/18/2022 (ebz). Modified to correctly restrict document on 5/18/2022 (asl). |
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Filing 92
PAPERLESS ORDER granting #91 Motion for Extension of Time to File Response to #90 Motion to Dimiss. Response due by 6/3/2022. Signed by Judge Raag Singhal on 5/18/2022. (pb00)
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| Filing 91 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #90 MOTION TO DISMISS #88 Crossclaim FOR FAILURE TO STATE A CLAIM by Bigfoot Inc.(a Florida Corporation). (Appell, Evan) |
| Filing 90 MOTION TO DISMISS #88 Crossclaim FOR FAILURE TO STATE A CLAIM by Epoch International Partners, LLP. Responses due by 5/23/2022 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Shilling, Cody) |
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Filing 89
ORDER DENYING AS MOOT EPOCH INTERNATIONAL PARTNERS, LLP'S MOTION TO DISMISS CROSSCLAIM re #85 Motion to Dismiss for Failure to State a Claim. Epoch International Partners LLC shall file a response/answer to the Amended Crossclaim by May 10, 2022. Signed by Judge Raag Singhal on 4/27/2022. See attached document for full details. (ebz)
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| Set/Reset Response/Answer Due Deadline: Epoch International Partners, LLP response/answer due 5/10/2022. Per DE #89 Order. (ebz) |
| Filing 88 Amended CROSSCLAIM against Epoch International Partners, LLP, filed by Bigfoot Inc..(Appell, Evan) |
| Filing 87 NOTICE of Change of Address, Email or Law Firm Name by Kelsey K Black (Black, Kelsey) |
| Filing 86 Amended ANSWER and Affirmative Defenses to Complaint (Second Amended Complaint in Intervention (DE 62) by Bigfoot Inc.. (Appell, Evan) |
| Filing 85 MOTION TO DISMISS #72 Answer to Amended Complaint, Crossclaim FOR FAILURE TO STATE A CLAIM by Epoch International Partners, LLP. Responses due by 4/28/2022 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Shilling, Cody) |
| Filing 84 REPLY to Response to Motion re #66 Joint MOTION TO DISMISS #62 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by James Fultz and filed by Epoch International Partners, LLP. (Shilling, Cody) |
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Filing 83
ORDER. The Joint Motion DE #82 is GRANTED. Step, Inc. is DISMISSED from the above-styled action with prejudice, including all claims, defenses, and counterclaims asserted against it, or which could have been asserted against it, with each of the Parties to bear its own attorneys' fees and costs, except as otherwise provided in that certain Confidential Settlement Agreement entered into by the Parties on April 8, 2022 (the "Settlement Agreement"). The case will remain pending as against all other Defendants. Signed by Judge Raag Singhal on 4/13/2022. See attached document for full details. (ebz)
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| Filing 82 Joint MOTION to Dismiss with Prejudice #62 Amended Complaint/Amended Notice of Removal, AND RETAINING JURISDICTION TO ENFORCE THE PARTIES' CONFIDENTIAL SETTLEMENT AGREEMENT by Step Inc. Responses due by 4/26/2022 (Attachments: #1 Exhibit 1)(Dervishi, Brian) |
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Filing 80
ORDER. The punitive damages demand in Count VI of the Second Amended Complaint in Intervention DE #62 and Bigfoot's Motion to Dismiss and to Strike DE #71 are WITHDRAWN. Bigfoot shall file its Amended Answer and Affirmative Defenses on or before APRIL 22, 2022. Bigfoot Inc. response/answer due 4/22/2022. Signed by Judge Raag Singhal on 4/11/2022. See attached document for full details. (ebz)
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Filing 79
PAPERLESS ORDER granting #78 Step Inc.'s Unopposed Motion for Extension of Time. Step Inc.'s response/answer to Second Amended Complaint in Intervention due by 4/15/2022. Signed by Judge Raag Singhal on 4/11/2022. (pb00)
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| Filing 81 Clerks Notice to Filer re #77 Stipulation,. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (ebz) |
| Filing 78 Unopposed MOTION for Extension of Time TO RESPOND TO SECOND AMENDED COMPLAINT IN INTERVENTION re #62 Amended Complaint/Amended Notice of Removal, by Step Inc. Responses due by 4/22/2022 (Molina, Sergio) |
| Filing 77 STIPULATION re #71 MOTION TO DISMISS #62 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM (Count VI) and to Strike Demand for Punitive Damages and Special Damages, #62 Amended Complaint/Amended Notice of Removal, by Smartsilk Corporation Inc. (Traband, Stephanie) |
| Filing 76 RESPONSE in Opposition re #66 Joint MOTION TO DISMISS #62 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by James Fultz and filed by Smartsilk Corporation Inc.. Replies due by 4/15/2022. (Traband, Stephanie) |
| Filing 75 NOTICE of Striking #73 Response in Opposition to Motion, filed by Smartsilk Corporation Inc. by Smartsilk Corporation Inc. (Traband, Stephanie) |
| Filing 74 Clerks Notice to Filer re #73 Response in Opposition to Motion,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ebz) |
| Filing 73 STRICKEN RESPONSE in Opposition re #66 Joint MOTION TO DISMISS #62 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by James Fultz and filed by Smartsilk Corporation Inc.. Replies due by 4/14/2022. (Lievano, Gabriel) Modified per DE#75 NOTICE OF STRIKING on 4/11/2022 (ebz). |
| Filing 72 ANSWER and Affirmative Defenses to Amended Complaint (Counts VII, VIII and X), CROSSCLAIM against Epoch International Partners, LLP by Bigfoot Inc.. (Appell, Evan) |
| Filing 71 WITHDRAWN. MOTION TO DISMISS #62 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM (Count VI) and to Strike Demand for Punitive Damages and Special Damages by Bigfoot Inc.. Responses due by 4/8/2022 (Appell, Evan) Modified per DE #80 ORDER on 4/11/2022 (ebz). |
| Filing 70 ANSWER and Affirmative Defenses to Amended Complaint by Bigfoot Inc.. (Appell, Evan) |
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Filing 69
PAPERLESS ORDER granting #68 Motion for Extension of Time. Defendant Step, Inc. shall respond to Second Amended Complaint in Intervention on or before 4/8/2022. Signed by Judge Raag Singhal on 3/25/2022. (pb00)
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| Filing 68 MOTION for Extension of Time TO RESPOND TO SECOND AMENDED COMPLAINT IN INTERVENTION re #62 Amended Complaint/Amended Notice of Removal, by Step Inc. Responses due by 4/8/2022 (Molina, Sergio) |
| Set/Reset Response/Answer Due Deadline: Step Inc response/answer due 4/8/2022. Per DE 69 Order. (ebz) |
| Filing 67 Partial ANSWER and Affirmative Defenses to Amended Complaint by James Fultz and by Epoch International Partners, LLP. (Shilling, Cody) |
| Filing 66 Joint MOTION TO DISMISS #62 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by James Fultz and by Epoch International Partners, LLP. Responses due by 4/7/2022 (Shilling, Cody) |
| Filing 65 FINAL MEDIATION REPORT by Timothy J. McDermott. Disposition: Case did not settle.(Shilling, Cody) |
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Filing 64
ORDER ON THE PARTIES' JOINT VERIFIED MOTION TO EXTEND BRIEFING DEADLINES ANDPRETRIAL AND TRIAL DEADLINES IN THE COURT'S SCHEDULING ORDER re #63 Motion for Extension of Time, is GRANTED. Defendant Bigfoot, Inc. has until March 25, 2022 to respond to Epoch's Second Amended Complaint. Intervenor Defendants have until March 25, 2022 to respond to Smartsilk Corporation Inc.'s Second Amended Complaint in Intervention. Expert Discovery due by 7/29/2022. Fact Discovery due by 7/29/2022. Mediation Deadline 4/1/2022. Dispositive Motions due by 8/15/2022. In Limine Motions due by 9/30/2022. Motions due by 9/30/2022. Joint Pretrial Stipulation due by 11/7/2022. Responses due by 3/25/2022 Calendar Call set for 11/30/2022 10:00 AM before Judge Raag Singhal. Jury Trial set for 12/5/2022 before Judge Raag Singhal. Signed by Judge Raag Singhal on 2/24/2022. See attached document for full details. (ebz)
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| Filing 63 Joint MOTION for Extension of Time to Extend Briefing Deadlines and Pretrial and Trial Deadlines re #62 Amended Complaint/Amended Notice of Removal, #61 Amended Complaint/Amended Notice of Removal, #60 Order on Motion to Dismiss, #14 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by Smartsilk Corporation Inc.. Responses due by 3/9/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Traband, Stephanie) |
| Filing 62 Second AMENDED COMPLAINT in Intervention against Bigfoot Inc., Epoch International Partners, LLP, Step Inc, filed by Smartsilk Corporation Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Lievano, Gabriel) |
| Filing 61 Second AMENDED COMPLAINT against Bigfoot Inc. filed in response to Order Granting Motion for Leave, filed by Epoch International Partners, LLP. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Shilling, Cody) |
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Filing 60
ORDER. Defendants' Motion to Dismiss Counts II, III, IV, and V of Plaintiff's Complaint DE#11 is GRANTED. Plaintiff shall file a Second Amended Complaint by FEBRUARY 17, 2022. If Plaintiff chooses not to amend, it shall file a notice of its intent to proceed only on the breach of contract claim by FEBRUARY 17, 2022. Amended Complaint due by 2/17/2022. Signed by Judge Raag Singhal on 2/3/2022. See attached document for full details. (ebz)
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Filing 59
ORDER. Intervenor Defendants' Motions to Dismiss DE#35 , #37 , and #46 are DENIED AS MOOT. Intervenor shall file a Second Amended Intervenor Complaint by FEBRUARY 17, 2022.(Amended Complaint due by 2/17/2022). Signed by Judge Raag Singhal on 1/28/2022. See attached document for full details. (ebz)
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| Filing 58 PAPERLESS Minute Entry for proceedings held before Judge Raag Singhal: Motion Hearing held on 1/28/2022 re #11 Defendant's MOTION to Dismiss with Prejudice filed by Christopher Clarke, Oren Manelis, Bigfoot Inc.; #46 MOTION to Dismiss for Lack of Jurisdiction #26 Intervenor Complaint filed by Step Inc.; #37 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM and to Strike Demand for Punitive Damages, Attorney's Fees, and Special Damages filed by Oren Manelis, Bigfoot Inc.; #35 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM filed by Epoch International Partners, LLP. Total time in court: 45 minutes. Attorney Appearance(s): Evan David Appell, Cody Jordan Shilling, Stephanie Reed Traband, Brian S. Dervishi, Sergio Eduardo Molina. Orders forthcoming. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (pb00) |
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Filing 57
SECOND ORDER RE-SETTING HEARING. ORDER re #37 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM and to Strike Demand for Punitive Damages, Attorney's Fees, and Special Damages filed by Oren Manelis, Bigfoot Inc., #46 MOTION to Dismiss for Lack of Jurisdiction #26 Intervenor Complaint MOTION TO DISMISS #26 Intervenor Complaint FOR FAILURE TO STATE A CLAIM filed by Step Inc, #35 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM filed by Epoch International Partners, LLP, #11 Defendant's MOTION to Dismiss with Prejudice #5 Amended Complaint/Amended Notice of Removal, Counts II-V filed by Christopher Clarke, Oren Manelis, Bigfoot Inc., Set/Reset Deadlines/Hearings as to #37 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM and to Strike Demand for Punitive Damages, Attorney's Fees, and Special Damages, #46 MOTION to Dismiss for Lack of Jurisdiction #26 Intervenor Complaint MOTION TO DISMISS #26 Intervenor Complaint FOR FAILURE TO STATE A CLAIM , #35 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM , #11 Defendant's MOTION to Dismiss with Prejudice #5 Amended Complaint/Amended Notice of Removal, Counts II-V.( Motion Hearing set for 1/28/2022 02:00 PM before Judge Raag Singhal.) Signed by Judge Raag Singhal on 1/12/2022. See attached document for full details. (amb)
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| Filing 56 REPLY to Response to Motion re #46 MOTION to Dismiss for Lack of Jurisdiction #26 Intervenor Complaint MOTION TO DISMISS #26 Intervenor Complaint FOR FAILURE TO STATE A CLAIM filed by Step Inc. Attorney Sergio Eduardo Molina added to party Step Inc(pty:dft). (Molina, Sergio) |
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Filing 55
ORDER RE-SETTING HEARING. Plaintiff's Unopposed Motion to Reset Hearing DE#53 is GRANTED. The following Motions will be heard: Bigfoot, Inc., Cristopher Clarke, and Oren Manelis' Motion to Dismiss DE #11 , Epoch International Partners LLP's Motion to Dismiss DE #35 , Bigfoot, Inc. and Oren Manelis' Motion to Dismiss DE #37 , Step Inc.'s Motion to Dismiss DE #46 . Motion Hearing set for 1/26/2022 03:00 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 1/7/2022. See attached document for full details. (ebz)
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| Filing 54 NOTICE by Epoch International Partners, LLP re #53 Plaintiff's MOTION to Continue Hearing re #52 Order Setting Hearing on Motion,, of Filing Proposed Order (Shilling, Cody) |
| Filing 53 Plaintiff's UNOPPOSED MOTION to Reset Hearing Date re #52 Order Setting Hearing on Motion, by Epoch International Partners, LLP. Responses due by 1/21/2022 (Shilling, Cody) Modified text to reflect document title on 1/7/2022 (pes). |
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Filing 51
PAPERLESS ORDER granting #50 Motion for Extension of Time to File Reply to Motion to Dismiss. Reply due by 1/10/2022. Signed by Judge Raag Singhal on 1/6/2022. (pb00)
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Filing 52
ORDER SETTING HEARING. A hearing will be held on January 19, 2022, at 1:30 pm. via Zoom on the following Motions: Bigfoot, Inc., Cristopher Clarke, and Oren Manelis Motion to Dismiss DE#11 ; Epoch International Partners LLPs Motion to Dismiss DE#35 ; Bigfoot, Inc. and Oren Manelis Motion to Dismiss DE#37 ; Step Inc.s Motion to Dismiss DE#46 . Ninety minutes have been reserved. Motion Hearing set for 1/19/2022 01:30 PM before Judge Raag Singhal. Signed by Judge Raag Singhal on 1/5/2022. See attached document for full details. (ebz)
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| Filing 50 MOTION for Extension of Time to File Response/Reply/Answer as to #49 Response in Opposition to Motion, by Step Inc. (Dervishi, Brian) |
| Filing 49 RESPONSE in Opposition re #46 MOTION to Dismiss for Lack of Jurisdiction #26 Intervenor Complaint MOTION TO DISMISS #26 Intervenor Complaint FOR FAILURE TO STATE A CLAIM filed by Smartsilk Corporation Inc.. Replies due by 1/5/2022. (Attachments: #1 Exhibit Declaration)(Traband, Stephanie) |
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Filing 48
PAPERLESS ORDER granting #47 Smartsilk's Motion for Extension of Time to File Response to #46 Motion to Dismiss. Response due by 12/29/2021. Signed by Judge Raag Singhal on 12/22/2021. (pb00)
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| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Smartsilk Corporation Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Lievano, Gabriel) |
| Filing 46 MOTION to Dismiss for Lack of Jurisdiction #26 Intervenor Complaint , MOTION TO DISMISS #26 Intervenor Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 12/22/2021) by Step Inc. (Dervishi, Brian) |
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Filing 45
PAPERLESS ORDER granting #44 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document by Step Inc. Response/Answer due 12/8/2021. Signed by Judge Raag Singhal on 12/2/2021. (pb00)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #28 Intervenor Complaint by Step Inc. Attorney Brian S. Dervishi added to party Step Inc(pty:dft). (Attachments: #1 Text of Proposed Order)(Dervishi, Brian) |
| Filing 43 REPLY to Response to Motion re #37 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM and to Strike Demand for Punitive Damages, Attorney's Fees, and Special Damages filed by Bigfoot Inc., Oren Manelis. (Appell, Evan) |
| Filing 42 REPLY to Response to Motion re #35 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM filed by Epoch International Partners, LLP. (Black, Kelsey) |
| Filing 41 RESPONSE in Opposition re #37 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM and to Strike Demand for Punitive Damages, Attorney's Fees, and Special Damages filed by Smartsilk Corporation Inc.. Replies due by 11/15/2021. (Traband, Stephanie) |
| Filing 40 RESPONSE to Motion re #35 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM filed by Smartsilk Corporation Inc.. Replies due by 11/12/2021. (Traband, Stephanie) |
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Filing 39
PAPERLESS ORDER granting #38 Motion for Extension of Time to File Response to Motion. Response to #37 Motion to Dismiss due by 11/8/2021. Response to #35 Motion to Dismiss due by 11/5/2021. Signed by Judge Raag Singhal on 10/29/2021. (pb00)
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| Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Smartsilk Corporation Inc.. (Attachments: #1 Text of Proposed Order)(Traband, Stephanie) |
| Filing 37 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM and to Strike Demand for Punitive Damages, Attorney's Fees, and Special Damages by Bigfoot Inc., Oren Manelis. Responses due by 11/1/2021 (Appell, Evan) |
| Filing 36 ANSWER to Intervenor Complaint (Counts VI, VII, and IX) by Bigfoot Inc.. (Appell, Evan) |
| Filing 35 MOTION TO DISMISS #28 Intervenor Complaint FOR FAILURE TO STATE A CLAIM by Epoch International Partners, LLP. Responses due by 10/29/2021 (Attachments: #1 Text of Proposed Order)(Black, Kelsey) |
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Filing 34
PAPERLESS ORDER granting #33 Motion for Extension of Time to File Response to Intervenor's Complaint by Bigfoot Inc. and Oren Manelis. Response/Answer due by 10/18/2021. Signed by Judge Raag Singhal on 10/6/2021. (pb00)
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| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #28 Intervenor Complaint by Bigfoot Inc., Oren Manelis. (Appell, Evan) |
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Filing 32
ORDER GRANTING INTERVENOR DEFENDANTS' EPOCH AND FULTZ'S MOTION FOR EXTENSION OF TIME re #31 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Epoch International Partners, LLP. The Intervenor Defendants shall file their response to the Amended Complaint in Intervention on or before October 22, 2021. Answer due 10/22/2021; James Fultz. Answer due 10/22/2021. Signed by Judge Raag Singhal on 9/23/2021. See attached document for full details. (ebz)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #28 Intervenor Complaint by James Fultz and by Epoch International Partners, LLP. (Attachments: #1 Text of Proposed Order)(Black, Kelsey) |
| Filing 30 NOTICE of Attorney Appearance by Kelsey K Black on behalf of James Fultz. Attorney Kelsey K Black added to party James Fultz(pty:dft). (Black, Kelsey) |
| Filing 29 NOTICE of Attorney Appearance by Gabriel A. Lievano on behalf of Smartsilk Corporation Inc.. Attorney Gabriel A. Lievano added to party Smartsilk Corporation Inc.(pty:intv). (Lievano, Gabriel) |
| Filing 28 Amended Intervenor COMPLAINT , filed by Smartsilk Corporation Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Traband, Stephanie) |
| Filing 27 Summons Issued as to James Fultz, Step Inc. (Attachments: #1 Summon(s))(ebz) |
| Filing 26 Plaintiff's Intervenor COMPLAINT , filed by Smartsilk Corporation Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Summon(s) Summons to Jamez Fultz, #5 Summon(s) Summons to Step, Inc.)(Traband, Stephanie) |
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Filing 25
ORDER 23 Motion to Intervene is GRANTED IN PART AND DENIED IN PART. Signed by Judge Raag Singhal on 9/14/2021. See attached document for full details. (nc)
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| Filing 24 NOTICE by Epoch International Partners, LLP of Non-Opposition to Smartsilk Corporation's Motion to Intervene (ECF No. 23) (Shilling, Cody) |
| SYSTEM ENTRY - Docket Entry 23 [motion] restricted/sealed until further notice. (803876) |
| Filing 22 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Kelsey K. Black re #19 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (cw) |
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Filing 21
PAPERLESS ORDER Scheduling Mediation before Timothy J. McDermott. Mediation Hearing set for 2/21/2022 at 10:00 AM via Zoom unless unless circumstances related to the Covid-19 pandemic have changed by February 2022. All parties and counsel must attend. A mediation report shall be filed by 2/24/2022. Signed by Judge Raag Singhal on 8/12/2021. (pb00)
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| Filing 20 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Timothy J. McDermott as Mediator. Mediation Hearing set for 2/21/2022 at 10:00 a.m.. (Shilling, Cody) |
| Filing 19 NOTICE of Change of Address, Email or Law Firm Name by Kelsey K Black (Black, Kelsey) |
| Filing 18 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Cody Jordan Shilling re #17 Notice of Change of Address, Email or Law Firm Name. Attorney Cody Jordan Shilling has not completed the required procedures for updating their information with the Court. After filing a Notice in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 17 NOTICE of Change of Address, Email or Law Firm Name by Cody Jordan Shilling (Shilling, Cody) |
| Filing 16 REPLY to Response to Motion re #11 Defendant's MOTION to Dismiss with Prejudice #5 Amended Complaint/Amended Notice of Removal, Counts II-V filed by Bigfoot Inc., Christopher Clarke, Oren Manelis. (Appell, Evan) |
| Filing 15 RESPONSE in Opposition re #11 Defendant's MOTION to Dismiss with Prejudice #5 Amended Complaint/Amended Notice of Removal, Counts II-V filed by Epoch International Partners, LLP. Replies due by 7/29/2021. (Shilling, Cody) |
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Filing 14
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. (Jury Trial set for 7/18/2022 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Calendar Call set for 7/15/2022 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal., Amended Pleadings due by 8/31/2021., Discovery due by 3/28/2022., Expert Discovery due by 3/28/2022., Fact Discovery due by 3/28/2022., Joinder of Parties due by 8/31/2021., Mediation Deadline 4/4/2022., In Limine Motions due by 6/7/2022., Dispositive Motions due by 4/12/2022., Motions due by 4/12/2022., Joint Pretrial Stipulation due by 7/8/2022), ORDER REFERRING CASE to Mediation. (Mediation Deadline 4/4/2022), ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Judge Raag Singhal on 7/19/2021. See attached document for full details. (ebz) #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 13 Joint SCHEDULING REPORT - Rule 26(f) by Epoch International Partners, LLP (Attachments: #1 Text of Proposed Order)(Black, Kelsey) |
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Filing 12
ORDER REQUIRING SCHEDULING REPORT. Joint Scheduling Report due by 7/28/2021 Signed by Judge Raag Singhal on 7/12/2021. See attached document for full details. (ebz)
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| Filing 11 Defendant's MOTION to Dismiss with Prejudice #5 Amended Complaint/Amended Notice of Removal, Counts II-V by Bigfoot Inc., Christopher Clarke, Oren Manelis. Responses due by 7/23/2021 (Appell, Evan) |
| Filing 10 ANSWER and Affirmative Defenses to Amended Complaint (Count I) by Bigfoot Inc.. (Appell, Evan) |
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Filing 9
PAPERLESS ORDER granting #8 Motion for Extension of Time. Defendants shall file response/answer to Amended Complaint by 7/9/2021. Signed by Judge Raag Singhal on 6/15/2021. (pb00)
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| Filing 8 Joint MOTION for Extension of Time to respond to Amended Complaint re #5 Amended Complaint/Amended Notice of Removal, by Bigfoot Inc., Christopher Clarke, Oren Manelis. Attorney Evan David Appell added to party Bigfoot Inc.(pty:dft), Attorney Evan David Appell added to party Christopher Clarke(pty:dft), Attorney Evan David Appell added to party Oren Manelis(pty:dft). Responses due by 6/28/2021 (Attachments: #1 Text of Proposed Order Proposed Order)(Appell, Evan) |
| 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 Epoch International Partners, LLP. Bigfoot Inc. served on 6/2/2021, answer due 6/23/2021. (Shilling, Cody) |
| Filing 6 Summons Issued as to Oren Manelis. (ebz) |
| Filing 5 First AMENDED COMPLAINT against All Defendants, filed by Epoch International Partners, LLP. (Attachments: #1 Summon(s) Manelis, #2 Exhibit A-Purchase Order, #3 Exhibit B-Settlement Agreement, #4 Exhibit C-Civil Theft Demand-email, #5 Exhibit D-Civil Theft Demand-fedex)(Black, Kelsey) |
| Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 4/28/2021. (pb00) |
| Filing 3 Summons Issued as to Bigfoot Inc., Christopher Clarke. (Attachments: #1 Summon(s))(ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (ebz) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14639973, filed by Epoch International Partners, LLP. (Attachments: #1 Exhibit A-Agreement, #2 Civil Cover Sheet, #3 Summon(s) Christopher Clarke, #4 Summon(s) Bigfoot Inc.)(Black, Kelsey) |
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