Albert v. Tinder, Inc. et al
| Benjamin Albert |
| TINDER, INC., Match Group, Inc, Facebook, Inc., Meta Platforms, Inc doing business as META, Does 1-100, Match Group, Inc., Meta Platforms, Inc. doing business as META and Match Group, LLC |
| 0:2022cv60496 |
| March 7, 2022 |
| U.S. District Court for the Southern District of Florida |
| James I Cohn |
| Jared M Strauss |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.
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Filing 60
ORDER Dismissing Case: This case is DISMISSED WITHOUT PREJUDICE. Closing Case. (Without Prejudice) Signed by Senior Judge James I. Cohn on 10/3/2022. See attached document for full details. (scn)
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Filing 59
ORDER TO SHOW CAUSE. Plaintiff's Show Cause Response due by 9/30/2022. Signed by Magistrate Judge Jared M. Strauss on 9/16/2022. See attached document for full details. (emd)
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| Filing 58 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Telephonic Scheduling Conference held on 9/16/2022. Attorney Appearance(s): Benjamin Albert (Pro Se Plaintiff) failed to appear. Joseph Callister, David H. Pollack, (Digital JMS_01_09-16-2022(AT &T)) (at) |
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Filing 57
SCHEDULING ORDER: Amended Pleadings due by 9/30/2022. Expert Discovery due by 11/3/2022. Fact Discovery due by 11/3/2022. Joinder of Parties due by 9/30/2022. Mediation Deadline 12/19/2022. Dispositive Motions due by 11/23/2022. In Limine Motions due by 2/21/2023. Pretrial Stipulation due by 3/1/2023. Signed by Magistrate Judge Jared M. Strauss on 9/16/2022. See attached document for full details. (scn)
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Filing 56
ORDER REQUIRING MEDIATION. Joint Notice of Selection of Mediator due by 10/14/2022. Signed by Magistrate Judge Jared M. Strauss on 9/16/2022. See attached document for full details. (emd)
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Filing 55
PAPERLESS ORDER granting #53 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joseph Callister. Mr. Callister is permitted to appear before this Court on behalf of Defendants Match Group, Inc. and Match Group, LLC for all purposes relating to this action. Failure to abide by any Court order may result in immediate revocation of counsel's pro hac vice status. The Clerk is directed to provide Notice of Electronic Filings to Mr. Callister at joseph.callister@wickphillips.com. Signed by Magistrate Judge Jared M. Strauss on 9/13/2022. (emd)
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Filing 54
ORDER RESETTING TRIAL DATE: Jury Trial reset for 3/20/2023 9:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn. Calendar Call reset for 3/16/2023 9:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn. Granting in part #52 MOTION TO MODIFY TRIAL DATE AND ADOPT PROPOSED PRETRIAL DEADLINES filed by Tinder, Inc., Match Group, Inc. Signed by Senior Judge James I. Cohn on 9/13/2022. See attached document for full details. (scn)
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| Filing 53 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph Callister. Filing Fee $ 200.00 Receipt # AFLSDC-15942447 by Match Group, Inc., Tinder, Inc.. Responses due by 9/26/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Pollack, David) |
| Filing 52 MOTION TO MODIFY TRIAL DATE AND ADOPT PROPOSED PRETRIAL DEADLINES by Match Group, Inc., Tinder, Inc.. (Attachments: #1 Text of Proposed Order)(Pollack, David) |
| Filing 51 Joint SCHEDULING REPORT - Rule 16.1 by Match Group, Inc., Tinder, Inc. (Attachments: #1 Text of Proposed Order)(Pollack, David) |
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Filing 50
Order Setting Telephonic Scheduling Conference for 9/16/2022 at 10:00 AM before Magistrate Judge Jared M. Strauss. Joint Scheduling Report or Certification due by 9/13/2022. Signed by Magistrate Judge Jared M. Strauss on 9/6/2022. See attached document for full details. (emd)
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Filing 49
ORDER OF DISMISSAL: Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's claims against Defendant Meta Platforms, Inc. and Defendant Facebook, Inc. are DISMISSED without prejudice and without leave to amend. Signed by Senior Judge James I. Cohn on 9/2/2022. See attached document for full details. (scn)
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Filing 48
OMNIBUS ORDER denying #44 Motion for Default Judgment; denying #45 Motion to Vacate #44 MOTION for Default Judgment, #45 MOTION to Vacate #43 Order on Motion to Dismiss. Signed by Senior Judge James I. Cohn on 8/19/2022. See attached document for full details. (scn)
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| Filing 47 DEFENDANT MATCH GROUP, INC & MATCH GROUP, LLCs ANSWER and Affirmative Defenses to Amended Complaint by Match Group, Inc.. (Pollack, David) |
| Filing 46 Corporate Disclosure Statement by Match Group, Inc. (Pollack, David) |
| Filing 45 MOTION to Vacate #43 Order on Motion to Dismiss, by Benjamin Albert. Responses due by 8/25/2022. (scn) |
| Filing 44 MOTION for Entry into Default Final Judgment by Benjamin Albert. (scn) |
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Filing 43
ORDER GRANTING IN PART DEFENDANTS MATCH GROUP, LLC AND MATCH GROUP, INC.'S MOTION TO DISMISS AMENDED COMPLAINT:granting in part and denying in part #25 Motion to Dismiss. Signed by Senior Judge James I. Cohn on 8/4/2022. See attached document for full details. (mab)
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| Filing 42 MOTION to Strike #37 Response in Opposition to Motion to Dismiss Amended Complaint by Match Group, Inc., Tinder, Inc.. Responses due by 8/3/2022 (Pollack, David) |
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Filing 41
ORDER denying without prejudice #40 Motion for Default Final Judgment. Signed by Senior Judge James I. Cohn on 7/20/2022. See attached document for full details. (scn)
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| Filing 40 MOTION for Default Judgment by Benjamin Albert. (Attachments: #1 Proposed Order)(scn) |
| Filing 39 Clerk's Non-Entry of Default as to Meta Platforms, Inc. - Motions Terminated: #38 Motion for Clerk's Entry of Default. Unclear if service has been made to Meta Platforms, Inc. (See order at DE#36) Signed by DEPUTY CLERK on 7/14/2022. (scn) |
| Filing 38 MOTION for Clerk's Entry of Default as to Meta Platforms, Inc. by Benjamin Albert. (Attachments: #1 Proposed Entry of Default)(scn) |
| Filing 37 RESPONSE in Opposition re #25 MOTION to Dismiss with Prejudice #24 Amended Complaint/Amended Notice of Removal filed by Benjamin Albert. Replies due by 7/21/2022. (scn) |
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Filing 36
OMNIBUS ORDER denying #34 Motion to Vacate #34 MOTION to Vacate #33 Order to Show Cause. Show Cause Response due by 7/15/2022. Signed by Senior Judge James I. Cohn on 7/1/2022. See attached document for full details. (drz)
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| Filing 35 MOTION for Recusal by Benjamin Albert. ( For Image see DE#34 ) (drz) Modified on 7/5/2022 (mf). |
| Filing 34 MOTION to Vacate #33 Order to Show Cause by Benjamin Albert. Responses due by 7/11/2022 (drz) |
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Filing 33
ORDER TO SHOW CAUSE Show Cause Response due by 7/1/2022. Signed by Senior Judge James I. Cohn on 6/13/2022. See attached document for full details. (cqs)
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| Filing 32 REPLY to Response to Motion re #25 MOTION to Dismiss with Prejudice #24 Amended Complaint/Amended Notice of Removal filed by Match Group, Inc., Tinder, Inc.. (Pollack, David) |
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Filing 31
PAPERLESS ORDER granting #30 Defendants Tinder, Inc. and Match Group, Inc.'s Motion for Extension of Time. Defendants Tinder, Inc. and Match Group, Inc. shall file a Reply in support of #25 Defendants' Motion to Dismiss Plaintiff's Amended Complaint on or before June 9, 2022. Signed by Judge James I. Cohn on 6/2/2022. (jm03)
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| Filing 30 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #29 Response to Motion to Dismiss Amended Complaint by Match Group, Inc., Tinder, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Pollack, David) |
| Set/Reset Deadlines/Hearings per DE 31 as to #25 MOTION to Dismiss with Prejudice #24 Amended Complaint/Amended Notice of Removal . Replies due by 6/9/2022. (pcs) |
| Filing 29 RESPONSE to Motion re #25 MOTION to Dismiss with Prejudice #24 Amended Complaint/Amended Notice of Removal filed by Benjamin Albert. Replies due by 6/2/2022. (Attachments: #1 Exhibit)(pcs) |
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Filing 28
OMNIBUS ORDER denying #5 Motion for Preliminary Injunction; denying #10 Motion to Expedite; denying #26 Motion for Hearing. Signed by Senior Judge James I. Cohn on 5/18/2022. See attached document for full details. (pcs)
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| Filing 27 MEMORANDUM in Support re #26 MOTION to Set a Hearing Date by Benjamin Albert. (pcs) |
| Filing 26 MOTION to Set a Hearing Date by Benjamin Albert. (pcs) |
| Filing 25 MOTION to Dismiss with Prejudice #24 Amended Complaint/Amended Notice of Removal by Match Group, Inc., Tinder, Inc.. Responses due by 5/26/2022 (Pollack, David) |
| Filing 24 AMENDED COMPLAINT against Does 1-100, Facebook, Inc., Match Group, Inc., Meta Platforms, Inc., Tinder, Inc. filed in response to Order Granting Motion for Leave, filed by Benjamin Albert.(pcs) |
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Filing 23
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT granting #20 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Senior Judge James I. Cohn on 5/2/2022. See attached document for full details. (pcs)
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Filing 22
PAPERLESS ORDER granting #21 Defendants Tinder, Inc. and Match Group, Inc.'s Unopposed Motion to Modify Order Granting Extension of Time. Defendants Tinder, Inc. and Match Group, Inc. shall respond to the Complaint or to the Amended Complaint within 10 days of the Court's ruling on #20 Plaintiff's Motion for Leave to File Amended Complaint. Signed by Judge James I. Cohn on 4/25/2022. (jm03)
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| Filing 21 Unopposed MOTION to Amend/Correct 17 Order on Motion for Extension of Time to File Response/Reply/Answer, by Match Group, Inc., Tinder, Inc.. Responses due by 5/6/2022 (Attachments: #1 Text of Proposed Order)(Pollack, David) |
| Filing 20 MOTION for Leave to File Amended Complaint by Benjamin Albert. (Attachments: #1 Text of Proposed Order, #2 Proposed Amended Complaint)(ls) |
| Filing 19 Clerk's Notice of Filing Deficiency Re: #18 MOTION to Amend/Correct #1 Complaint filed by Benjamin Albert. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (ls) |
| Filing 18 MOTION to Amend/Correct #1 Complaint by Benjamin Albert. Responses due by 4/27/2022 (Attachments: #1 Text of Proposed Order, #2 Supplement Proposed Amended Complaint)(ls) |
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Filing 17
PAPERLESS ORDER granting #16 Defendants Tinder, Inc. and Match Group, Inc.'s Motion for Extension of Time to Respond to Complaint. Defendants Tinder, Inc. and Match Group, Inc. shall respond to the Complaint on or before April 26, 2022. Signed by Judge James I. Cohn on 4/13/2022. (jm03)
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| Filing 16 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Match Group, Inc., Tinder, Inc.. Attorney David H. Pollack added to party Match Group, Inc.(pty:dft), Attorney David H. Pollack added to party Tinder, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Pollack, David) |
| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re #14 Order to Show Cause, by Benjamin Albert. (ls) |
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Filing 14
ORDER TO SHOW CAUSE as to why this case should not be dismissed for lack of subject matter jurisdiction. Show Cause Response due by 4/22/2022. Signed by Senior Judge James I. Cohn on 3/31/2022. See attached document for full details. (ls)
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Filing 13
PAPERLESS ORDER denying #7 Plaintiff's Motion to Obtain Electronic Filing Rights. Pursuant to Local Rule 5.1(b) and Section 2C of the CM/ECF Administrative Procedures, pro se litigants are not permitted to electronically file documents. Signed by Judge James I. Cohn on 3/25/2022. (jm03)
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Filing 12
SCHEDULING ORDER: ( Jury Trial set for 1/17/2023 09:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn., Calendar Call set for 1/12/2023 09:00 AM in Fort Lauderdale Division before Senior Judge James I. Cohn.), and ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Senior Judge James I. Cohn on 3/25/2022. See attached document for full details. (ls) #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 11
PAPERLESS ORDER denying as moot #3 Plaintiff's Motion for Leave to Proceed in Forma Pauperis because the Clerk of Court has received Plaintiff's filing fee. Signed by Judge James I. Cohn on 3/25/2022. (jm03)
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| Filing 10 MOTION to Expedite Discovery and Injunction by Benjamin Albert. (Attachments: #1 Exhibits F, K and H)(ls) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Benjamin Albert. Match Group, Inc. served on 3/22/2022, response/answer due 4/12/2022; Meta Platforms, Inc. served on 3/22/2022, response/answer due 4/12/2022; Tinder, Inc. served on 3/22/2022, response/answer due 4/12/2022. (ls) |
| Filing 8 Summons Issued as to Match Group, Inc., Meta Platforms, Inc., Tinder, Inc.. (ls) |
| Filing 7 MOTION to Obtain Electronic Filing Rights by Benjamin Albert. (ls) |
| Filing 6 Clerks Notice of Receipt of Filing Fee received on 3/15/2022 in the amount of $ 402.00, receipt number FLS000015323 (ls) |
| Filing 5 MOTION for Preliminary Injunction by Benjamin Albert. (mab) |
| Filing 4 Consent by Pro Se Litigant (Non-Prisoner, Benjamin Albert, to receive Notices of Electronic Filing at email address: Ba13c@protonmail.com. (mab) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Benjamin Albert. (mab) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James I. Cohn. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mab) |
| Filing 1 COMPLAINT against Does 1-100, Facebook, Inc., Match Group, Inc, Meta Platforms, Inc, and TINDER, INC.. Filing fees $ 402.00. IFP filed by Benjamin Albert. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Summon(s))(mab) |
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