Sunshine Children's Learning Center, LLC v. Waste Connections of Florida, Inc.
| Sunshine Children's Learning Center, LLC |
| Waste Connections of Florida, Inc. |
| 0:2021cv62123 |
| October 12, 2021 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Alicia O Valle |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on June 20, 2023. A more recent docket listing may be available from PACER.
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Filing 197
ORDER Dismissing Case / Closing Case. (With Prejudice) The Stipulation, ECF No. #195 , is APPROVED.The Clerk of Court is directed to CLOSE this case. Motions terminated: #186 Plaintiff's Motion for Partial Summary Judgment filed by Sunshine Children's Learning Center, LLC, #181 Plaintiff's MOTION for Reconsideration re #176 Order on Motion for Summary Judgment filed by Sunshine Children's Learning Center, LLC. Signed by Judge Beth Bloom on 6/20/2023. See attached document for full details. (nan)
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Filing 195
STIPULATION of Dismissal With Prejudice by Sunshine Children's Learning Center, LLC (Zebersky, Edward)
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Filing 196
ORDER SCHEDULING TRIAL AND ORDER OF INSTRUCTIONS BEFORE CALENDAR CALL: Jury Trial set for 8/14/2023 09:00 AM in Miami Division before Judge Beth Bloom. Calendar Call set for 8/8/2023 01:45 PM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 6/16/2023. See attached document for full details. (nan) #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. Modified text on 6/20/2023 (nan).
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Filing 194
RESPONSE to #187 Statement, and Statement of Additional Material Facts by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 193
RESPONSE in Opposition re #186 Plaintiff's MOTION for Partial Summary Judgment filed by Waste Connections of Florida, Inc.. Replies due by 6/20/2023. (Felker, Samuel) Modified Text on 6/14/2023 (ls).
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Filing 192
PAPERLESS ORDER denying ECF No. #191 the Parties' Joint Motion For Temporary Stay. The Court does not find good cause to stay the deadlines set forth in the Court's Operative Scheduling Order, ECF No. #143 . If the parties reach a settlement, they shall promptly notify the Court. Until such a settlement is reached, all deadlines remain in place. Signed by Judge Beth Bloom (sgr)
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Filing 191
Joint MOTION to Stay Pending Completion of Settlement Agreement by Waste Connections of Florida, Inc.. Responses due by 6/21/2023 (Attachments: #1 Text of Proposed Order)(Felker, Samuel)
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Filing 188
NOTICE by Sunshine Children's Learning Center, LLC re #187 Statement, Index of Exhibits to Plaintiff's Motion for Summary Judgment (Zebersky, Edward)
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Filing 187
Statement of: Material Facts In Support of Plaintiff's Motion for Partial Summary Judgment by Sunshine Children's Learning Center, LLC re #186 Plaintiff's MOTION for Summary Judgment Partial Summary Judgment (Zebersky, Edward)
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Filing 186
Plaintiff's MOTION for Summary Judgment Partial Summary Judgment by Sunshine Children's Learning Center, LLC. Responses due by 6/13/2023 (Zebersky, Edward)
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Filing 185
PAPERLESS ORDER granting ECF No. #184 Plaintiff's Unopposed Motion for Leave to File Under Seal. Plaintiff may file its Motion for Partial Summary Judgment and its accompanying Statement of Material Facts under seal. Signed by Judge Beth Bloom (sgr)
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Filing 184
Plaintiff's MOTION to Seal FOR LEAVE TO FILE UNDER SEAL per Order authorizing the submission of this document under seal by Sunshine Children's Learning Center, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Zebersky, Edward)
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SYSTEM ENTRY - Docket Entry 189 [misc] restricted/sealed until further notice. (647132)
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SYSTEM ENTRY - Docket Entry 190 [misc] restricted/sealed until further notice. (647132)
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Filing 183
Plaintiff's REPLY to Response to Motion re #181 Plaintiff's MOTION for Reconsideration re #176 Order on Motion for Summary Judgment filed by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Filing 182
RESPONSE in Opposition re #181 Plaintiff's MOTION for Reconsideration re #176 Order on Motion for Summary Judgment filed by Waste Connections of Florida, Inc.. Replies due by 5/24/2023. (Felker, Samuel)
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Filing 181
Plaintiff's MOTION for Reconsideration re #176 Order on Motion for Summary Judgment by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Filing 179
ORDER denying 132 Plaintiff's Sealed Motion For Class Certification. Signed by Judge Beth Bloom on 4/24/2023. See attached document for full details. (pes)
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Filing 180
ORDER ON MOTION TO AMEND SCHEDULING ORDER.ORDER denying #173 Motion for Extension of Time. Signed by Judge Beth Bloom on 4/22/2023. See attached document for full details. (nan)
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Filing 178
Plaintiff's REPLY to Response to Motion re #173 Plaintiff's MOTION for Extension of Time to Exchange Expert Reports and to Modify Scheduling Deadlines and Trial Date re #143 Order on Motion to Continue,,,, Order on Motion to Amend/Correct,,, filed by Sunshine Children's Learning Center, LLC. (Attachments: #1 Exhibit A--Email re Data Deficiencies, #2 Exhibit B--Jewell Deposition Excerpts)(Zebersky, Edward)
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Filing 177
RESPONSE to Motion re #173 Plaintiff's MOTION for Extension of Time to Exchange Expert Reports and to Modify Scheduling Deadlines and Trial Date re #143 Order on Motion to Continue,,,, Order on Motion to Amend/Correct,,, filed by Waste Connections of Florida, Inc.. Replies due by 4/17/2023. (Felker, Samuel)
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Filing 176
ORDER denying #139 Motion for Summary Judgment. Signed by Judge Beth Bloom on 4/5/2023. See attached document for full details. (nan)
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Filing 175
PAPERLESS ORDER DENYING #121 , #166 Plaintiff's Motions for Sanctions (the "Motions"). In the Motions, Plaintiff seeks sanctions against Defendant under Federal Rule of Civil Procedure ("FRCP") 37 based on three purported discovery violations. More specifically, Plaintiff challenges: (i) Defendant's December 15, 2022 document production; (ii) Defendant's December 9, 2022 expert report; and (iii) Defendant's requirement that Plaintiff's document inspection team sign liability waivers before entering Defendant's sites to review customer files. See generally ECF Nos. #121 , #166 . Plaintiff argues that Defendant's actions violate FRCP 26 and 111, 163 the Court's Orders. See id.As the movant, Plaintiff has the burden of establishing that Defendant failed to comply with FRCP 26 or this Court's Orders. Cutlass Collieries, LLC v. Jones, No. 20-CV-80001, 2021 WL 6135152, at *1 (S.D. Fla. Dec. 7, 2021). Plaintiff has not met this burden. First, Defendant's December 15, 2022 document production was timely and complied with FRCP 26. See ECF No. 103. Second, Defendant's December 9, 2022 expert report timely disclosed its expert, in compliance with 111 this Court's Order. See generally ECF No. 123-1. Defendant subsequently supplemented the expert report on December 21, 2022. See ECF No. 123-6 at 6-8, 12. Lastly, Defendant's request that Plaintiff's document inspection team sign liability waivers before entering Defendant's sites did not violate 163 this Court's Order because Defendant did not refuse to produce the customer files, but rather sought to establish the procedure for Defendant's production, in compliance with the conferral requirement of the Order. See generally ECF No. 166-2.Accordingly, the Motions are DENIED. Within seven days from the date of this Order, the parties must telephonically confer in good faith to: (i) schedule the deposition of Defendant's expert, to occur within 30 days from the date of this Order unless otherwise extended by the parties; and (ii) establish the procedure for Defendant's production of its customer files, such as requiring Plaintiff's inspection team to adhere to Defendant's on-site safety warnings or splitting the cost of document production and inspection at neutral sites. For guidance, the parties should review Polaris Eng'g, Inc. v. Tex. Int'l Terminals, Ltd., No. 21-CV-00094, 2022 WL 4093122, at *2 (S.D. Tex. 2022). Lastly, the Court notes that these Motions could have been resolved without Court intervention. Thus, each party must bear its own fees and costs incurred with the Motions. The parties are directed to review #34 the Court's procedures, which require the parties to conduct themselves with civility and professionalism. Signed by Magistrate Judge Alicia O. Valle on 3/31/2023. (jve)
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Filing 174
FINAL MEDIATION REPORT by Steve Jaffe. Disposition: Case did not settle. (Jaffe, Steven)
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Filing 173
Plaintiff's MOTION for Extension of Time to Exchange Expert Reports and to Modify Scheduling Deadlines and Trial Date re #143 Order on Motion to Continue,,,, Order on Motion to Amend/Correct,,, by Sunshine Children's Learning Center, LLC. Responses due by 4/10/2023 (Zebersky, Edward)
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Filing 172
PAPERLESS ORDER DENYING #169 Plaintiff's Motion for Leave to File a Reply to #166 its Motion for Sanctions. The Court will rule on #166 the Motion for Sanctions on the current record. Signed by Magistrate Judge Alicia O. Valle on 3/16/2023. (jve)
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Filing 171
NOTICE of Filing Corrected Exhibits to Declaration of Eric L. Klein [168-1] by Waste Connections of Florida, Inc. re #168 Response to Motion (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Docheva, Desislava)
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Filing 170
RESPONSE in Opposition re #169 Plaintiff's MOTION for Leave to File A Reply to Defendant's Response to Plaintiff's Motion for Sanctions filed by Waste Connections of Florida, Inc.. Replies due by 3/22/2023. (Felker, Samuel)
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Filing 169
Plaintiff's MOTION for Leave to File A Reply to Defendant's Response to Plaintiff's Motion for Sanctions by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Filing 168
RESPONSE to Motion re #166 Plaintiff's MOTION for Sanctions filed by Waste Connections of Florida, Inc.. Replies due by 3/21/2023. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(Docheva, Desislava)
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Filing 167
ORDER REFERRING MOTION TO MAGISTRATE JUDGE: ORDER REFERRING #166 Plaintiff's MOTION for Sanctions filed by Sunshine Children's Learning Center, LLC. Motions referred to Judge Alicia O. Valle. Signed by Judge Beth Bloom on 3/13/2023. See attached document for full details. (nan)
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Filing 166
Plaintiff's MOTION for Sanctions by Sunshine Children's Learning Center, LLC. (Attachments: #1 Exhibit A - Defendant's Proposed "Customer Files Inspection Procedures Agreement", #2 Exhibit B - Emails of Counsel, #3 Exhibit C - Defendant's Proposed Compromise Agreement)(Zebersky, Edward)
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Filing 165
CLERK'S NOTICE - Attorney Admissions has updated the contact information for PHV attorneys Megan R. Brillault, Katrina M. Krebs, and Vetone M. Ivezaj ; re #164 Notice of Change of Address, Email or Law Firm Name (pt)
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Filing 164
NOTICE of Change of Address, Email or Law Firm Name by Samuel Lanier Felker (Felker, Samuel)
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Filing 163
PAPERLESS ORDER GRANTING IN PART #151 Plaintiff's Motion to Compel (the "Motion"). In the Motion, Plaintiff seeks to compel production of Defendant's customer files within seven days of the Court's ruling on the Motion. See ECF No. #151 at 10. Although Defendant agrees to produce its customer files, see ECF No. #161 at 6, Defendant seeks clarification "through its motion for status conference (ECF No. #152 ) regarding the scope, sequence, and timing of document production due to the pending motion for class certification.... Id. at 1-2. The District Court has denied #152 Defendant's motion for status conference and directed the parties to comply with the current pretrial deadlines. See ECF No. #162 at 1. Pursuant to #143 the Scheduling Order, all discovery (merits and class) must be completed by May 2, 2023. Accordingly, the Motion is GRANTED IN PART. Within seven days from the date of this Order, the parties must meet and confer to discuss the timing and procedure for Defendant's production. Within 14 days of conferral, Defendant must produce the customer files. Each party must bear its own fees and costs incurred in connection with the Motion. Signed by Magistrate Judge Alicia O. Valle on 3/2/2023. (sd01)
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Filing 162
ORDER denying #152 Motion for Status Conference. Signed by Judge Beth Bloom on 2/22/2023. See attached document for full details. (ogn1)
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Filing 161
RESPONSE to Motion re #151 Plaintiff's MOTION to Compel Defendant to Produce Documents in Response to Plaintiff's Fourth Request for Production of Documents filed by Waste Connections of Florida, Inc.. Replies due by 2/28/2023. (Attachments: #1 Exhibit, #2 Affidavit)(Felker, Samuel)
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Filing 160
Clerk's Notice to Filer re #157 Response in Support of Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#159]. It is not necessary to refile this document. (ls)
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Filing 159
REPLY to Response to Motion re #139 MOTION for Summary Judgment filed by Waste Connections of Florida, Inc.. (ls)(See Image at DE #157 )
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Filing 158
Statement of: Reply Statement of Material Facts by Waste Connections of Florida, Inc. (Felker, Samuel)
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Filing 157
RESPONSE in Support re #139 MOTION for Summary Judgment filed by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 156
RESPONSE in Opposition re #152 Motion for Hearing/Status Conference filed by Sunshine Children's Learning Center, LLC. Replies due by 2/22/2023. (Zebersky, Edward)
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Filing 155
PAPERLESS ORDER granting #154 Motion for Extension of Page Limit and permitted up to fifteen (15) pages for its Reply. Signed by Judge Beth Bloom (BB)
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Filing 154
Unopposed MOTION For Extension of Page Limit for Reply by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 153
Clerk's Notice to Filer re #152 MOTION For Status Conference . Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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Filing 152
Motion for Hearing/Status Conference by Waste Connections of Florida, Inc.. (Attachments: #1 Exhibit)(Felker, Samuel) Modified Relief on 2/15/2023 (ls).
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Filing 151
Plaintiff's MOTION to Compel Defendant to Produce Documents in Response to Plaintiff's Fourth Request for Production of Documents by Sunshine Children's Learning Center, LLC. Responses due by 2/27/2023 (Attachments: #1 Exhibit A--Plaintiff's Fourth Request to Produce Documents, #2 Exhibit B--Defendant's Response and Objections to Plaintiff's Fourth Request to Produce Documents)(Zebersky, Edward)
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Filing 147
PAPERLESS ORDER granting ECF No. #146 Plaintiff's Unopposed Motion for Leave to File Under Seal. Plaintiff may file its Response to Defendant's Motion for Summary Judgment and its Response and Statement of Additional Material Facts as well as any attached exhibits under seal. Signed by Judge Beth Bloom (sgr)
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Filing 146
Unopposed MOTION to Seal Plaintiff's Response to Defendant's Motion for Summary Judgment and Response and Statement of Additional Material Facts in Opposition to Defendant's Statement of Facts per Local Rule 5.4 by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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SYSTEM ENTRY - Docket Entry 148 [misc] restricted/sealed until further notice. (647132)
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SYSTEM ENTRY - Docket Entry 150 [misc] restricted/sealed until further notice. (647132)
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SYSTEM ENTRY - Docket Entry 149 [misc] restricted/sealed until further notice. (647132)
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Filing 145
ORDER Scheduling Mediation before Steven Jaffe Mediation Hearing set for 3/25/2023 10:00 AM Signed by Judge Beth Bloom on 2/7/2023. See attached document for full details. (nan)
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Filing 144
NOTICE of Mediator Selection and Hearing. Amended Selected/Added Steven R Jaffe as Mediator. Mediation Hearing set for 3/25/2023 at 10:00 a.m.. (Jaffe, Steven)
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Filing 142
Clerk's Notice to Filer re #141 Joint MOTION to Amend/Correct #88 Scheduling Order,, to Reschedule Mediation and for Modification of Certain Scheduling Deadlines and Trial Date. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls)
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Set/Reset Deadlines/Hearings Mediation Deadline 5/16/2023. Per Order, DE#143 .(nan)
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Filing 143
ORDER AMENDING SCHEDULING ORDER AND CERTAIN PRETRIAL DEADLINES: ORDER granting in part and denying in part #141 Motion to Continue; granting in part and denying in part #141 Motion to Amend/Correct. Accordingly, it is ORDERED AND ADJUDGED thatthe Motion, ECF No. #141 , is GRANTED IN PART AND DENIED IN PART, and the Operative Amended Scheduling Order, ECF Nos. #88 , is AMENDED( Discovery due by 5/2/2023., Expert Discovery due by 5/2/2023., Dispositive Motions due by 5/30/2023., In Limine Motions due by 5/30/2023., Motions due by 5/30/2023., Pretrial Stipulation due by 7/31/2023., Calendar Call set for 8/8/2023 01:45 PM in Miami Division before Judge Beth Bloom., Jury Trial set for 8/14/2023 09:00 AM in Miami Division before Judge Beth Bloom.). Signed by Judge Beth Bloom on 2/6/2023. See attached document for full details. (nan)
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Filing 141
Joint Motion to Continue/Reschedule Mediation by Sunshine Children's Learning Center, LLC. Responses due by 2/21/2023 (Attachments: #1 Exhibit Exhibit A - Proposed Order Amending Scheduling Order and Order Scheduling Mediation, #2 Exhibit Exhibit B - Proposed Order Amending Scheduling Order and Order Rescheduling Mediation)(Zebersky, Edward) Modified Relief on 2/7/2023 (ls). Added MOTION to Amend/Modification of Certain Scheduling Deadlines and Trial Date on 2/7/2023 (ls).
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Filing 140
APPENDIX to #138 Statement,, Index of Exhibits to Motion for Summary Judgment by Waste Connections of Florida, Inc. (Felker, Samuel)
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Filing 139
MOTION for Summary Judgment by Waste Connections of Florida, Inc.. Responses due by 2/10/2023 (Felker, Samuel)
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Filing 138
Statement of: Material Facts in Support of Motion for Summary Judgment by Waste Connections of Florida, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit)(Felker, Samuel)
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SYSTEM ENTRY - Docket Entry 137 [misc] restricted/sealed until further notice. (1825620)
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Filing 136
PAPERLESS ORDER granting ECF No. #135 Defendant's Unopposed Motion for Leave to File Under Seal. Defendant may file its Response to Plaintiff's Motion for Class Certification and the exhibits and attachments thereto under seal. Signed by Judge Beth Bloom (sgr)
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Filing 135
Unopposed MOTION to Seal per Local Rule 5.4 by Waste Connections of Florida, Inc.. (Attachments: #1 Affidavit) (Felker, Samuel)
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Filing 134
PAPERLESS ORDER granting ECF No. #133 Joint Motion for Leave to File Excess Pages. Defendant may file a Motion for Summary Judgment not to exceed thirty (30) pages. Plaintiff may file a Response to Defendant's Motion for Summary Judgment not to exceed thirty (30) pages. Signed by Judge Beth Bloom (sgr)
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Filing 133
Joint MOTION for Leave to File Excess Pages by Waste Connections of Florida, Inc.. (Attachments: #1 Exhibit)(Felker, Samuel)
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SYSTEM ENTRY - Docket Entry 132 [misc] restricted/sealed until further notice. (647132)
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Filing 131
ORDER granting #129 Joint Motion for Extension of Page Limits for Class Certification Briefing. Signed by Judge Beth Bloom on 12/30/2022. See attached document for full details. (ls)
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Filing 130
Plaintiff's REPLY to Response to Motion re #121 Plaintiff's MOTION for Sanctions filed by Sunshine Children's Learning Center, LLC. (Attachments: #1 Exhibit A--Notice of Taking Corporate Deposition, #2 Exhibit B--Email)(Zebersky, Edward)
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Filing 129
Joint MOTION for Leave to File Excess Pages for Class Certification Briefing by Sunshine Children's Learning Center, LLC. (Attachments: #1 Exhibit A)(Zebersky, Edward)
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Filing 128
PAPERLESS ORDER granting ECF No. #127 Plaintiff's Unopposed Motion for Leave to File Under Seal. Plaintiff may file its Motion for Class Certification and the exhibits thereto under seal. Signed by Judge Beth Bloom (sgr)
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Filing 127
Unopposed MOTION to Seal Plaintiff's Motion for Class Certification per Local Rule 5.4 by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Filing 126
PAPERLESS ORDER granting #124 Motion for Leave to File a Five-Page Reply to Defendant's Response. Signed by Judge Beth Bloom (BB)
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Filing 125
RESPONSE to Motion re #124 Unopposed MOTION for Leave to File Reply to Defendant's Response to Plaintiff's Motion for Sanctions filed by Waste Connections of Florida, Inc.. Replies due by 1/5/2023. (Docheva, Desislava)
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Filing 124
Unopposed MOTION for Leave to File Reply to Defendant's Response (ECF No. 123) to Plaintiff's Motion for Sanctions (ECF No. 121) by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Filing 123
RESPONSE in Opposition re #121 Plaintiff's MOTION for Sanctions filed by Waste Connections of Florida, Inc.. Replies due by 1/3/2023. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Affidavit, #7 Affidavit)(Docheva, Desislava)
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Filing 122
ORDER REFERRING #121 Plaintiff's MOTION for Sanctions. Motions referred to Judge Alicia O. Valle. Signed by Judge Beth Bloom on 12/21/2022. See attached document for full details. (jas)
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Filing 121
Plaintiff's MOTION for Sanctions by Sunshine Children's Learning Center, LLC. (Attachments: #1 Exhibit A - 12/15/22 Production Letter, #2 Exhibit B - 11/19/21 RFPD No. 58, #3 Exhibit C - Other November/December Production Letters, #4 Exhibit D - Klein Email)(Zebersky, Edward)
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Filing 120
PAPERLESS ORDER granting ECF No. #119 Joint Motion to Modify Class Certification Briefing Deadlines. Plaintiff shall file its Motion for Class Certification on or before January 5, 2023. Defendant shall file its Response to Plaintiff's Motion for Class Certification on or before January 26, 2023. Plaintiff shall file a Reply to Defendant's Response on or before February 10, 2023. All other deadlines remain in place. Signed by Judge Beth Bloom (sgr)
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Filing 119
Joint MOTION To Modify Class Certification Briefing Deadlines by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 118
Clerk's Notice to Filer re #116 Notice (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
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Filing 117
Clerk's Notice to Filer re #115 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
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Filing 116
NOTICE of Withdrawal of #106 APPEAL of Magistrate Judge #104 Order on Motion to Compel, to District Court by Waste Connections of Florida, Inc. (Felker, Samuel) Modified to add document link on 12/6/2022 (ls).
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Filing 115
NOTICE of Striking re #112 Notice (Other) by Waste Connections of Florida, Inc. (Docheva, Desislava) Modified to add document link on 12/6/2022 (ls).
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Filing 114
Clerk's Notice to Filer re #112 Notice (Other). 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. AND Document Not Linked; ERROR - The filed document was not linked to the related docket entry. (ls)
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Filing 113
PAPERLESS ORDER denying as moot ECF No. #106 Defendant's Appeal and Written Objections to Magistrate Judge's Order pursuant to ECF No. #112 , Defendant's Notice of Withdrawal of Appeal and Written Objections. Signed by Judge Beth Bloom (sgr)
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Filing 112
NOTICE by Waste Connections of Florida, Inc. of Withdrawal of Appeal and Written Objections (Docheva, Desislava)
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Filing 111
PAPERLESS ORDER GRANTING IN PART #105 Defendant Waste Connections' Motion for Clarification and, if necessary, Extension of Compliance Deadline (the "Motion"). On November 4, 2022, the undersigned ordered Defendant to respond to subparts (e), (f), and (g) of Interrogatory 1 or "unequivocally specify that it did not and cannot determine such information." ECF No. #104 (the "Prior Order") at 5-6. Further, "to the extent Defendant intends to rely on expert opinion to determine the factual basis of Plaintiff's rate increases," Defendant was ordered to disclose "any such expert within 14 days from the date of [the] Order." ECF No. #104 at 6 (the "alternative expert disclosure"). In the current Motion, Defendant seeks clarification of the alternative expert disclosure language on the grounds that such disclosure is unfeasible (given the complexity of the analysis necessary to calculate the cost of servicing Plaintiffs account) and prejudicial (as it accelerates the deadline for "merits-related expert" disclosures only as to Defendant). See ECF No. #105 at 2-3. Based on a review of the Motion, #108 Plaintiff's Response, and the record in this case, the Motion is GRANTED IN PART. First, the Court is unpersuaded by Defendant's argument that the alternative expert disclosure would result in "merits-related expert disclosure" that is irrelevant to fact and class discovery issues. Indeed, it was Defendant who first raised the specter of expert opinion in response to Interrogatory 1 and again in the instant Motion. See (ECF No. 93-1) ("Thus, to the extent that Plaintiff seeks information concerning the cost of servicing [its] account, Waste Connections does not have such information in its possession, custody, or control because Waste Connections has not determined it[.] The information is determinable, but it is an issue for experts in this case, and such information will be produced pursuant to the deadlines imposed by the Court for expert discovery); (ECF No. #105 at 2) (Defendant's statement in the Motion that it will "designate one or more experts to calculate... the cost of... servicing [Plaintiff's] account."). Second, bifurcation of discovery does not necessarily preclude merits discovery during the pre-class certification period. Wright v. Greensky Mgmt. Co., LLC, No. 20-CV-62441, 2022 WL 1908826, at *7 n.10 (S.D. Fla. June 3, 2022). Accordingly, Defendant must comply with the Prior Order by December 9, 2022. To be clear, Defendant must respond to subparts (e), (f), and (g) of Interrogatory 1 or "unequivocally specify that it did not and cannot determine such information." ECF No. #104 at 5-6. Alternatively, "to the extent Defendant intends to rely on expert opinion to determine the factual basis of Plaintiff's rate increases, Defendant must disclose any such expert" by December 9, 2022. ECF No. #104 at 6. All other deadlines remain as set by the District Court. Lastly, within 3 business days from the date of this Order, Defendant must file a Notice advising the Court whether it will pursue #106 Defendant's Appeal of the Prior Order. Signed by Magistrate Judge Alicia O. Valle on 11/29/2022. (sd01)
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Filing 110
PAPERLESS ORDER denying #109 Motion to File Reply and Extension of Compliance Deadline. Signed by Judge Beth Bloom (BB)
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Filing 109
Defendant's MOTION TO FILE REPLY IN SUPPORT OF MOTION FOR CLARIFICATION AND, IF NECESSARY, EXTENSION OF COMPLIANCE DEADLINE re #105 MOTION for clarification #104 Order on Motion to Compel, by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 108
RESPONSE in Opposition re #105 MOTION for clarification #104 Order on Motion to Compel, and, if Necessary, Extension of Compliance Deadline (ECF No. 105) filed by Sunshine Children's Learning Center, LLC. Replies due by 11/29/2022. (Zebersky, Edward)
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Filing 107
RESPONSE in Opposition re #105 MOTION for clarification #104 Order on Motion to Compel, and, if necessary, Extension of Compliance Deadline filed by Sunshine Children's Learning Center, LLC. Replies due by 11/28/2022. (Zebersky, Edward)
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Filing 106
APPEAL of Magistrate Judge #104 Order on Motion to Compel, to District Court (Felker, Samuel)
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Filing 105
MOTION for clarification #104 Order on Motion to Compel, by Waste Connections of Florida, Inc.. Responses due by 12/2/2022 (Felker, Samuel)
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Filing 104
ORDER GRANTING IN PART AND DENYING IN PART #93 Plaintiff's Motion to Compel Better Answers to Plaintiff's Interrogatory No. 1. Signed by Magistrate Judge Alicia O. Valle on 11/4/2022. See attached document for full details. (sd01)
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Filing 103
PAPERLESS ORDER granting ECF No. #102 Joint Motion for Short Extension of Time to Complete Class Certification Discovery. The parties shall complete class certification discovery on or before December 15, 2022. Signed by Judge Beth Bloom (sgr)
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Filing 102
Joint MOTION for Extension of Time of Discovery Cutoff Deadline for Short Extension of Time to Complete Class Certification Discovery by Sunshine Children's Learning Center, LLC. (Attachments: #1 Text of Proposed Order)(Zebersky, Edward)
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Filing 101
Plaintiff's REPLY to Response to Motion re #93 MOTION to Compel Better Answer to Plaintiff's Interrogatory No. 1 filed by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Reset Deadlines as to #93 MOTION to Compel Better Answer to Plaintiff's Interrogatory No. 1 . Replies due by 10/20/2022. (ls)(per DE #100)
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Filing 100
PAPERLESS ORDER GRANTING #99 Plaintiff's Unopposed Motion for Leave to File a Reply (the "Motion"). Plaintiff may file a Reply to #98 Defendant's Response by October 20, 2022, limited to five (5) double-spaced pages, using 12-point font. The Reply must not be duplicative of the arguments already presented in the Motion. Signed by Magistrate Judge Alicia O. Valle on 10/13/2022. (jve)
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Filing 99
Unopposed MOTION for Leave to File a Reply to Defendant's Response to Motion to Compel by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Filing 98
RESPONSE in Opposition re #93 MOTION to Compel Better Answer to Plaintiff's Interrogatory No. 1 filed by Waste Connections of Florida, Inc.. Replies due by 10/14/2022. (Attachments: #1 Exhibit)(Felker, Samuel)
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Filing 97
PAPERLESS ORDER granting #95 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Vetone M. Ivezaj. Signed by Judge Beth Bloom (BB)
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Filing 96
PAPERLESS ORDER granting #94 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Katrina M. Krebs. Signed by Judge Beth Bloom (BB)
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Filing 95
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Vetone M. Ivezaj. Filing Fee $ 200.00 Receipt # AFLSDC-15998178 by Waste Connections of Florida, Inc.. Responses due by 10/18/2022 (Felker, Samuel)
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Filing 94
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katrina M. Krebs. Filing Fee $ 200.00 Receipt # AFLSDC-15997989 by Waste Connections of Florida, Inc.. Responses due by 10/18/2022 (Felker, Samuel)
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Filing 93
MOTION to Compel Better Answer to Plaintiff's Interrogatory No. 1 by Sunshine Children's Learning Center, LLC. Responses due by 10/14/2022 (Attachments: #1 Exhibit A - Def's Amended Response to Interrogatory No. 1, #2 Exhibit B - Declaration of Byron M. Brown)(Zebersky, Edward)
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Filing 92
ORDER Rescheduling Mediation: granting #91 Joint Motion for Leave to Reschedule Mediation. Signed by Judge Beth Bloom on 8/5/2022. See attached document for full details. (ls)
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Reset Deadlines: Mediation Hearing reset for 2/16/2023 10:00 AM before Harry Schafer via Videoconference. Mediation Report due 2/21/2023. (ls)
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Filing 91
Joint MOTION Leave to Reschedule Mediation by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 90
NOTICE of Attorney Appearance by Jordan Alexander Shaw on behalf of Sunshine Children's Learning Center, LLC. Attorney Jordan Alexander Shaw added to party Sunshine Children's Learning Center, LLC(pty:pla). (Shaw, Jordan)
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Filing 89
ORDER DENYING DEFENDANT'S MOTION TO COMPEL. Signed by Magistrate Judge Alicia O. Valle on 7/19/2022. See attached document for full details. (js06)
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Filing 88
ORDER AMENDING SCHEDULING ORDER AND CERTAIN PRETRIAL DEADLINES: (Discovery due by 3/7/2023., Expert Discovery due by 3/7/2023., Mediation Deadline 3/21/2023., In Limine Motions due by 3/29/2023., Dispositive Motions due by 3/29/2023., Pretrial Motions due by 3/29/2023., Joint Pretrial Stipulation due by 6/19/2023., Jury Trial set for 7/3/2023 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 6/27/2023 01:45 PM in Miami Division before Judge Beth Bloom.). Signed by Judge Beth Bloom on 7/12/2022. See attached document for full details. (jas)
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Filing 87
Joint MOTION for Extension of Time to Exchange Expert Reports regarding Class Certification and to Meet Other Deadlines by Sunshine Children's Learning Center, LLC. Responses due by 7/25/2022 (Attachments: #1 Exhibit A - Proposed Order)(Zebersky, Edward)
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Filing 86
REPLY to Response to Motion re #82 MOTION to Compel PRODUCTION OF DOCUMENTS AND INCORPORATED MEMORANDUM OF LAW filed by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 85
PAPERLESS ORDER GRANTING #84 Defendant's Motion for Leave to File Reply in Support of its Motion to Compel Production of Documents (the "Motion"). Plaintiff takes no position on the Motion. Accordingly, by June 15, 2022, Defendant may file a Reply, which shall be limited to 5 double-spaced pages using 12 point font. Signed by Magistrate Judge Alicia O. Valle on 6/8/2022. (js06)
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Filing 84
MOTION for Leave to File Reply in Support of Motion to Compel Production of Documents by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 83
RESPONSE to Motion re #82 MOTION to Compel PRODUCTION OF DOCUMENTS AND INCORPORATED MEMORANDUM OF LAW filed by Sunshine Children's Learning Center, LLC. Replies due by 6/10/2022. (Zebersky, Edward)
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Filing 82
MOTION to Compel PRODUCTION OF DOCUMENTS AND INCORPORATED MEMORANDUM OF LAW by Waste Connections of Florida, Inc.. Responses due by 6/10/2022 (Attachments: #1 Exhibit)(Felker, Samuel)
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Filing 81
PAPERLESS ORDER GRANTING IN PART #64 Plaintiff's Motion to Compel (the "Motion"). The Motion is addressed procedurally and on the merits. Procedurally, in the exercise of the Court's discretion, the undersigned finds that Defendant's objections to discovery are not untimely (and are therefore not waived). See (ECF Nos. 64 at 6-7, 74 at 5); see also Bianchi v. Dynamic Recovery Sols., LLC, No. 13-CV-61153, 2013 WL 12049079, at *1 (S.D. Fla. Aug. 8, 2013) (exercising its "broad discretion" in the context of discovery to find that defendant had not waived it objections to plaintiff's discovery requests). Here, the record reflects that the parties vigorously contested the scope of discovery and the definition of "customers," and engaged in extensive discussions to resolve the issues. See, e.g., (ECF Nos. 64 at 2, 68 at 1-2, 78). On the merits, the disputed issue boils down to whether Defendant should be required to disclose complete customer files or only those contracts that Defendant estimates are substantially similar to Plaintiff's contract. See generally (ECF No. 78). For the reasons discussed below, the undersigned declines Defendant's suggestion to limit discovery to "substantially similar contracts." (ECF No. 68 at 10). First, Defendant acknowledges the difficulties of such a task, noting that "there is no easy way to determine how many types of contracts have been used by [Defendant] during the class period." Id. at 7. Moreover, the District Judge has previously determined that the "issue of similar or dissimilar contracts [can be addressed] at the class certification stage of the proceedings." See (ECF No. 65 at 14) (Order on Mot. to Dismiss). Thus, at this early stage of the litigation, where the potential universe of customers has been reduced from 85,000 to a sampling of only 530 customers, see (ECF No. 78 at 4), the undersigned finds that the files for 530 sample customers are relevant to the merits of Plaintiff's claims and to class certification, and must be produced. See Ruderman by and through Schwartz v. Wash. Nat'l Ins. Co. No. 08-CV-23401, 2009 WL 10667425, at *1 (S.D. Fla. July 17, 2009) (granting discovery that was relevant to both plaintiffs' claim and class certification). Any privacy concerns can be adequately addressed through the Confidentiality Order already in place, (ECF No. 60), or through the parties' agreement to redact certain information. (ECF No. 78 at 5). Accordingly, unless otherwise agreed to by the parties, within 30 days from the date of this Order, Defendant must produce complete files (i.e., contracts, correspondence, billing data, etc.) for the 530 sample customers identified as statistically significant. See (ECF No. 78 at 4 n.2.). Lastly, Plaintiff's request for a hearing, (ECF No. 64 at 12), is DENIED as unnecessary. Signed by Magistrate Judge Alicia O. Valle on 5/3/2022. (js06)
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Filing 80
ORDER Amending Scheduling Order and Certain Pretrial Deadlines; granting in part and denying in part #79 Motion for Extension of Time. Discovery due by 2/7/2023. Expert Discovery due by 2/7/2023. Mediation Deadline 2/21/2023. Dispositive Motions due by 3/1/2023. In Limine Motions due by 3/1/2023. Motions due by 3/1/2023. Joint Pretrial Stipulation due by 5/22/2023. Calendar Call set for 5/30/2023 01:45 PM in Miami Division before Judge Beth Bloom. Jury Trial set for 6/5/2023 09:00 AM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 4/13/2022. See attached document for full details. (jas)
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Filing 79
Joint MOTION for Extension of Time To Exchange Expert Reports Regarding Class Certification and to Meet Other Deadlines by Sunshine Children's Learning Center, LLC. Responses due by 4/27/2022 (Attachments: #1 Exhibit A - Proposed Order)(Zebersky, Edward)
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Filing 78
STATUS REPORT Regarding ECF Nos. 77 and 64 by Sunshine Children's Learning Center, LLC (Attachments: #1 Exhibit Defendant's Responses to Interrogatories, #2 Exhibit Chart Reflecting Individual Requests and Responses Impacted by Dispute, #3 Exhibit Email Describing Sample)(Zebersky, Edward)
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Filing 77
ORDER DIRECTING PARTIES TO FILE JOINT STATUS REPORT. Signed by Magistrate Judge Alicia O. Valle on 2/25/2022. See attached document for full details. (js06)
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Set/Reset Deadlines/Hearings per DE#77 Order. Joint Status Report due by 3/11/2022. (ebz)
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Filing 76
ORDER AMENDING SCHEDULING ORDER AND CERTAIN PRETRIAL DEADLINES; granting #75 Motion for Extension of Time to Exchange Expert Reports Regarding Class Certification. Discovery due by 10/4/2022. Expert Discovery due by 10/4/2022. Mediation Deadline 10/18/2022. Dispositive Motions due by 10/26/2022. In Limine Motions due by 10/26/2022. Pretrial Motions due by 10/26/2022. Joint Pretrial Stipulation due by 1/17/2023. Calendar Call set for 1/24/2023 01:45 PM before Judge Beth Bloom. Jury Trial set for 1/30/2023 09:00 AM in Miami Division before Judge Beth Bloom. Signed by Judge Beth Bloom on 2/10/2022. See attached document for full details. (jas)
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Filing 75
Joint MOTION for Extension of Time to Exchange Expert Reports on Issues of Class Certification re #63 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by Sunshine Children's Learning Center, LLC. Responses due by 2/24/2022 (Attachments: #1 Text of Proposed Order)(Zebersky, Edward)
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Filing 74
REPLY to Response to Motion re #64 MOTION to Compel Defendant's Responses to Request for Production and Interrogatories filed by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Filing 73
ANSWER and Affirmative Defenses to Amended Complaint by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 72
PAPERLESS ORDER GRANTING #71 Plaintiff's Motion for Leave to File a Reply to Defendant's Response to Plaintiff's Motion to Compel. Accordingly, Plaintiff's Reply, limited to 5 double-spaced pages using 12 point font, is due by February 10, 2022. Signed by Magistrate Judge Alicia O. Valle on 2/3/2022. (js06)
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Filing 71
Plaintiff's MOTION for Leave to File Reply to Defendant's Response to Plaintiff's Motion to Compel by Sunshine Children's Learning Center, LLC. (Zebersky, Edward)
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Filing 70
PAPERLESS ORDER granting ECF No. #69 Motion to Strike. Defendant's Response to Motion to Compel Discovery, ECF No. #67 , is STRICKEN. Signed by Judge Beth Bloom (mk00)
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Filing 69
MOTION to Strike #67 Response in Opposition to Motion, (duplicate DE with margin errors) by Waste Connections of Florida, Inc.. Responses due by 2/15/2022 (Felker, Samuel)
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Filing 68
RESPONSE to Motion re #64 MOTION to Compel Defendant's Responses to Request for Production and Interrogatories filed by Waste Connections of Florida, Inc.. Replies due by 2/7/2022. (Attachments: #1 Exhibit A, #2 Affidavit, #3 Affidavit)(Felker, Samuel)
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Filing 67
STRICKEN per DE# 70 , RESPONSE in Opposition re #64 MOTION to Compel Defendant's Responses to Request for Production and Interrogatories filed by Waste Connections of Florida, Inc.. Replies due by 2/7/2022. (Attachments: #1 Exhibit 1.28.22 Waste Connections Responses to Sunshine Plaintiff's 1st RFP, #2 Affidavit Declaration of Chuck Palmer, #3 Affidavit Declaration of Damian Ribar)(Felker, Samuel) Modified text on 2/2/2022 (jas).
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Filing 66
Notice of Supplemental Authority re #64 MOTION to Compel Defendant's Responses to Request for Production and Interrogatories by Sunshine Children's Learning Center, LLC (Attachments: #1 Exhibit A - Order Denying Motion to Dismiss) (Zebersky, Edward)
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Filing 65
ORDER denying #40 Motion to Dismiss for Failure to State a Claim. Defendant shall file its Answer to Plaintiffs Complaint by no later than 2/8/2022. Signed by Judge Beth Bloom on 1/25/2022. See attached document for full details. (jas)
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Filing 64
MOTION to Compel Defendant's Responses to Request for Production and Interrogatories by Sunshine Children's Learning Center, LLC. Responses due by 2/7/2022 (Attachments: #1 Exhibit A - First Request for Production to Defendant 11-19-21, #2 Exhibit B - First Interrogatories to Defendant 11-19-21)(Zebersky, Edward)
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Filing 63
AMENDED ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Amended Pleadings due by 1/14/2022., Discovery due by 10/4/2022., Expert Discovery due by 10/4/2022., Joinder of Parties due by 1/14/2022., In Limine Motions due by 10/26/2022., Dispositive Motions due by 10/26/2022., Pretrial Motions due by 10/26/2022., Joint Pretrial Stipulation due by 1/17/2023., Jury Trial set for 1/30/2023 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 1/24/2023 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 10/18/2022.), ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Judge Beth Bloom on 1/10/2022. See attached document for full details. (jas) #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 62
PAPERLESS ORDER Cancelling Discovery Hearing set for 1/11/2022 at 3:30 PM in light of 61 PAPERLESS ORDER re ECF No. #34 . Signed by Magistrate Judge Alicia M. Otazo-Reyes on 1/10/2022. (aa00)
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Filing 61
PAPERLESS ORDER re ECF No. #34 ("Scheduling Order"). The Scheduling Order is amended as follows: Pursuant to 28 U.S.C. 636 and this District's Magistrate Judge Rules, all discovery matters are referred to Judge Alicia O. Valle. Furthermore, pursuant to 28 U.S.C. 636(c)(1), the parties may consent to trial and final disposition by Judge Valle. Separate order to follow. Signed by Judge Beth Bloom (mk00)
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Filing 60
CONFIDENTIALITY ORDER. Signed by Magistrate Judge Alicia O. Valle on 1/7/2022. See attached document for full details. (js06)
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Filing 59
ORDER REGARDING ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge Alicia O. Valle on 1/7/2022. See attached document for full details. (js06)
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Filing 58
ORDER ON MOTION TO STAY DISCOVERY. Signed by Judge Beth Bloom on 1/6/2022. See attached document for full details. (lbc)
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Filing 57
CLERK'S NOTICE re #54 NOTICE of Hearing. The Discovery Hearing set for 1/11/2022 at 3:30 PM will be conducted telephonically. The dial-in instructions for the telephonic discovery hearing are as follows: the parties shall call the conference number 1-888-684-8852 at the appointed time, then enter access code 4791317 and security code 0111. Please dial in at least ten minutes before the hearing begins and wait until your case is called. (aa00)
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Filing 56
NOTICE by Sunshine Children's Learning Center, LLC OF FILING JOINTLY PROPOSED CASE MANAGEMENT ORDERS (Attachments: #1 Exhibit 1 - Confidentiality Order, #2 Exhibit 2 - ESI Order) (Zebersky, Edward)
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Filing 55
Clerks Notice to Filer re #54 Notice re Hearing by Attorney. Attorney selected the incorrect Magistrate Judge. The docket entry and hearing information have been corrected by the Clerk. (sk)
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Per Chambers Set/Reset Hearings Discovery Hearing set for 1/11/2022 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (sk)
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Filing 54
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 1/11/2022 03:30 PM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. (Attachments: #1 Exhibit A - First Interrogatories to Defendant 11-19-21, #2 Exhibit B - First Request for Production to Defendant 11-19-21) (Zebersky, Edward) Modified text/status per Chambers on 1/3/2022 (sk).
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Filing 53
REPLY to Response to Motion re #43 MOTION to Stay Discovery filed by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 52
REPLY to Response to Motion re #40 Defendant's MOTION TO DISMISS #35 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 51
ORDER Scheduling Mediation before Harry R. Schafer, Esq.. Mediation Hearing set for 10/12/2022 10:00 AM. Signed by Judge Beth Bloom on 12/17/2021. See attached document for full details. (jas)
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Filing 50
RESPONSE in Opposition re #43 MOTION to Stay Discovery filed by Sunshine Children's Learning Center, LLC. Replies due by 12/27/2021. (Zebersky, Edward)
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Filing 49
Joint NOTICE of Mediator Selection and Hearing. Selected/Added Harry R. Schafer, Esq. as Mediator. Mediation Hearing set for 10/12/2022. (Attachments: #1 Text of Proposed Order)(Felker, Samuel)
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Filing 48
RESPONSE in Opposition re #40 Defendant's MOTION TO DISMISS #35 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Sunshine Children's Learning Center, LLC. Replies due by 12/23/2021. (Zebersky, Edward)
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Filing 47
PAPERLESS ORDER re ECF No. #46 Notice Regarding Mediator Selection. Parties shall file a notice of mediator selection on or before December 17, 2021. Signed by Judge Beth Bloom (mk00)
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Filing 46
NOTICE by Waste Connections of Florida, Inc. REGARDING MEDIATOR (Felker, Samuel)
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Filing 45
AFFIDAVIT signed by: Damian Ribar re #43 MOTION to Stay Discovery by Waste Connections of Florida, Inc. (Felker, Samuel)
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Filing 44
AFFIDAVIT signed by: Samuel L. Felker re #43 MOTION to Stay Discovery by Waste Connections of Florida, Inc. (Attachments: #1 Exhibit A - Pltfs 1st RFPD to Def, #2 Exhibit B - Pltfs 1st Rogs to Def)(Felker, Samuel)
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Filing 43
MOTION to Stay Discovery by Waste Connections of Florida, Inc.. Responses due by 12/27/2021 (Felker, Samuel)
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Filing 42
PAPERLESS ORDER granting ECF No. #41 Motion for Extension of Time to Select a Mediator. Parties shall select a mediator and file a notice and proposed order scheduling mediation on or before December 13, 2021. Signed by Judge Beth Bloom (mk00)
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Filing 41
MOTION for Extension of Time to Select a Mediator by Waste Connections of Florida, Inc.. Responses due by 12/20/2021 (Felker, Samuel)
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Filing 40
Defendant's MOTION TO DISMISS #35 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Waste Connections of Florida, Inc.. Responses due by 12/16/2021 (Felker, Samuel)
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Filing 39
PAPERLESS ORDER granting ECF No. #38 Unopposed Motion to File Motion to Dismiss with Additional Pages. Defendant may file a Motion to Dismiss with ten (10) additional pages in excess of the twenty (20) page limit. Signed by Judge Beth Bloom (mk00)
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Filing 38
Unopposed MOTION for Permission to File Motion to Dismiss and Memorandum of Law with Additional Pages by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 37
PAPERLESS ORDER denying as moot ECF No. #20 Motion to Dismiss. Plaintiff has filed its First Amended Complaint, ECF No. #36 , pursuant to Fed. R. Civ. P. 15. Defendant shall respond to the First Amended Complaint on or before December 2, 2021. Signed by Judge Beth Bloom (mk00)
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Set Response Due Deadline per DE 37 Order: Waste Connections of Florida, Inc. response due 12/2/2021. (kpe)
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Filing 36
RESPONSE in Opposition re #20 First MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), filed by Sunshine Children's Learning Center, LLC. Replies due by 11/24/2021. (Zebersky, Edward)
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Filing 35
First AMENDED COMPLAINT against Waste Connections of Florida, Inc., filed by Sunshine Children's Learning Center, LLC. (Attachments: #1 Exhibit A - Customer Service Agreement)(Zebersky, Edward)
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Filing 34
ORDER Setting Trial And Pre-Trial Schedule, Requiring Mediation, And Referring Certain Matters To Magistrate Judge. ( Amended Pleadings due by 1/14/2022., Discovery due by 10/4/2022., Expert Discovery due by 10/4/2022., Joinder of Parties due by 1/14/2022., Mediation Deadline 10/18/2022., In Limine Motions due by 10/26/2022., Dispositive Motions due by 10/26/2022., Motions due by 10/26/2022., Jury Trial set for 1/30/2023 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 1/24/2023 01:45 PM in Miami Division before Judge Beth Bloom.)( Mediation Deadline 10/18/2022.) Signed by Judge Beth Bloom on 11/15/2021. See attached document for full details. (kpe) #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 33
STATUS REPORT Joint Discovery Plan & Conference Report by Waste Connections of Florida, Inc. (Felker, Samuel)
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Filing 32
NOTICE OF UNAVAILABILITY by Sunshine Children's Learning Center, LLC for dates of 1/10/22 - 2/18/22 (Zebersky, Edward)
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Filing 31
PAPERLESS ORDER granting #29 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Matthew C. Klase. Signed by Judge Beth Bloom (BB)
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Filing 30
PAPERLESS ORDER granting #28 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Adam Webb. Signed by Judge Beth Bloom (BB)
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Filing 29
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew C. Klase. Pay.gov Agency Tracking ID FLSDC-4738882. Filing Fee $ 200.00 by Sunshine Children's Learning Center, LLC. Responses due by 11/19/2021 (Zebersky, Edward)
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Filing 28
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for E. Adam Webb. Pay.gov Agency Tracking ID FLSDC-4738882. Filing Fee $ 200.00 by Sunshine Children's Learning Center, LLC. Responses due by 11/19/2021 (Zebersky, Edward)
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Filing 27
PAPERLESS ORDER denying #25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Matthew C. Klase representing Sunshine Children's Learning Center, LLC (Plaintiff). The Motion is denied for the following reasons: (1) Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures (sample motion can be found on the Courts website); and (2) PHV Attorneys did not include the language in their Certification that they have not filed three or more motions for pro hac vice admission in this District within the last 365 days. Plaintiff may re-file an amended motion. Signed by Judge Beth Bloom (mk00)
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Filing 26
PAPERLESS ORDER denying #24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Edward Adam Webb representing Sunshine Children's Learning Center, LLC (Plaintiff). The Motion is denied for the following reasons: (1) Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures (sample motion can be found on the Courts website); and (2) PHV Attorneys did not include the language in their Certification that they have not filed three or more motions for pro hac vice admission in this District within the last 365 days. Plaintiff may re-file an amended motion. Signed by Judge Beth Bloom (mk00)
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Filing 25
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew C. Klase. Filing Fee $ 200.00 Receipt # AFLSDC-15151316 by Sunshine Children's Learning Center, LLC. Responses due by 11/19/2021 (Zebersky, Edward)
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Filing 24
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for E. Adam Webb. Filing Fee $ 200.00 Receipt # AFLSDC-15151277 by Sunshine Children's Learning Center, LLC. Responses due by 11/19/2021 (Zebersky, Edward)
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Attorney Matthew C. Klase representing Sunshine Children's Learning Center, LLC (Plaintiff); Attorney Edward Adam Webb representing Sunshine Children's Learning Center, LLC (Plaintiff) Activated. (pt)
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Filing 23
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Sunshine Children's Learning Center, LLC (Zebersky, Edward)
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Filing 22
Defendant's Certificate of Other Affiliates by Waste Connections of Florida, Inc. identifying Corporate Parent Waste Connections, Inc., Corporate Parent Waste Connections of Florida, Inc., Corporate Parent Florida Waste Holdings, Inc. (f/k/a Waste Services, Inc.), Corporate Parent Waste Connections US Holdings, Inc. (f/k/a IESI Corporation) for Waste Connections of Florida, Inc. (Felker, Samuel)
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Filing 21
PAPERLESS ORDER granting ECF No. #19 Motion for Extension of Time. Parties shall file their Joint Scheduling Report and Proposed Scheduling Order on or before November 15, 2021. Signed by Judge Beth Bloom (mk00)
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Filing 20
First MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Waste Connections of Florida, Inc.. Responses due by 11/17/2021 (Felker, Samuel)
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Filing 19
Joint MOTION for Extension of Time FOR PARTIES TO FILE THEIR JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER by Waste Connections of Florida, Inc.. Responses due by 11/17/2021 (Felker, Samuel)
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Filing 18
PAPERLESS ORDER granting ECF No. #17 Motion for Permission to File Motion to Dismiss and Memorandum of Law with Additional Pages. Defendant shall be permitted to file a Motion to Dismiss and Memorandum of Law with eight (8) additional pages. Signed by Judge Beth Bloom (mk00)
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Filing 17
Unopposed MOTION for Permission to File Motion to Dismiss and Memorandum of Law with Additional Pages by Waste Connections of Florida, Inc.. (Felker, Samuel) Relief Modified on 10/29/2021 (cqs).
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Filing 16
NOTICE of Filing State Court's Docket Sheet by Waste Connections of Florida, Inc. re #6 Order Requiring Joint Scheduling Report, and State Docket by 10.20.2021 (Attachments: #1 Docket Sheet State Court Docket) (Felker, Samuel) Modified text on 10/21/2021 (kpe).
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Filing 15
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Casey T. Clausen. Signed by Judge Beth Bloom (mk00)
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Filing 14
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jimmy Slaughter. Signed by Judge Beth Bloom (mk00)
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Filing 13
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Casey T. Clausen. Filing Fee $ 200.00 Receipt # AFLSDC-15103648 by Waste Connections of Florida, Inc.. Responses due by 11/2/2021 (Felker, Samuel)
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Filing 12
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jimmy Slaughter. Filing Fee $ 200.00 Receipt # AFLSDC-15103623 by Waste Connections of Florida, Inc.. Responses due by 11/2/2021 (Felker, Samuel)
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Filing 11
PAPERLESS ORDER granting ECF No. #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Eric L. Klein. Signed by Judge Beth Bloom (mk00)
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Filing 10
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric L. Klein. Filing Fee $ 200.00 Receipt # AFLSDC-15099903 by Waste Connections of Florida, Inc.. Responses due by 11/1/2021 (Felker, Samuel)
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Filing 9
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Megan R. Brillault. Signed by Judge Beth Bloom (BB)
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Filing 8
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Megan R. Brillault. Filing Fee $ 200.00 Receipt # AFLSDC-15099225 by Waste Connections of Florida, Inc.. Responses due by 11/1/2021 (Felker, Samuel)
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Filing 7
PAPERLESS ORDER clarifying the deadline for Defendant to file a response or answer to the Complaint. Defendant shall disregard the deadline to respond or answer the Complaint stated in the Order on Post-Removal Procedures, ECF No. #6 . Defendant shall file a response or answer by November 3, 2021. All other deadlines set forth in the Order shall remain strictly in place. Signed by Judge Beth Bloom (mk00)
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Filing 6
ORDER On Post-Removal Procedures, And Requiring Scheduling Report And Certificates Of Interested Parties. Joint Scheduling Report due by 11/3/2021. Signed by Judge Beth Bloom on 10/13/2021. See attached document for full details. (kpe)
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Set Response/Answer Due Deadline per DE 5 Order: Waste Connections of Florida, Inc. response/answer due 11/3/2021. (kpe)
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Filing 5
PAPERLESS ORDER granting #4 Motion for Extension of Time to File Response/Answer to Complaint by November 3, 2021. Signed by Judge Beth Bloom (BB)
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Filing 4
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Waste Connections of Florida, Inc.. (Felker, Samuel)
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Filing 3
Bar Letter re: Admissions sent to attorney Eric L. Klein, Megan R. Brillault, James B. Slaugher, Casey T. Clausen, mailing date October 13, 2021, (pt)
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Filing 2
Clerks Notice of Judge Assignment to Judge Beth Bloom. 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. (kpe)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint - Class Action) Filing fee $ 402.00 receipt number BFLSDC-15085689, filed by Waste Connections of Florida, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Certification, #7 Civil Cover Sheet)(Felker, Samuel)No answer/motion to dismiss filed. Modified text on 10/13/2021 (kpe).
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