Kanen v. BBQ Holdings, Inc.
Plaintiff: David Kanen
Defendant: BBQ Holdings, Inc. doing business as Famous Dave's of America, Inc.
Case Number: 0:2023cv62173
Filed: November 15, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Panayotta D Augustin-Birch
Referring Judge: Donald M Middlebrooks
Nature of Suit: Stockholders Suits
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2024 Opinion or Order Filing 19 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on January 18, 2024, at 11:15 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 1/5/2024. (mdl)
January 5, 2024 Opinion or Order Filing 18 ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 8/21/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 8/26/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 1/5/2024. See attached document for full details. (ls)
January 2, 2024 Filing 17 Clerk's Notice to Filer re #15 Response in Opposition to Motion. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#16]. It is not necessary to refile this document. (ls)
December 29, 2023 Filing 16 REPLY to Response to Motion re #5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by BBQ Holdings, Inc.. (ls)(See Image at DE #15 )
December 29, 2023 Filing 15 RESPONSE in Opposition re #5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by BBQ Holdings, Inc.. Replies due by 1/5/2024. (Korn, Jason)
December 22, 2023 Filing 14 RESPONSE in Opposition re #5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by David Kanen. Replies due by 12/29/2023. (Stern, Coren)
December 21, 2023 Filing 13 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorney's PACER account for attorney Coren Harris Stern re #11 Notice of Change of Address, Email or Law Firm Name. (cw)
December 20, 2023 Filing 12 CLERK'S NOTICE - Attorney Admissions has not updated address or email information for attorney Coren Harris Stern re #11 Notice of Change of Address, Email or Law Firm Name. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. Attorney is responsible for updating secondary email addresses. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw)
December 19, 2023 Filing 11 NOTICE of Change of Address, Email or Law Firm Name by Coren Harris Stern (Stern, Coren)
December 19, 2023 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Unopposed Motion for Extension of Time. Plaintiff seeks an extension of time to respond to Defendant's Motion to Dismiss (DE #5 ), from December 15, 2023, to December 22, 2023. Motions for extension of time must set forth good cause supported by specific facts. Plaintiff cites no facts from which I can discern whether good cause exists. Notwithstanding, because the Motion is unopposed and the requested extension is brief, I will grant it. Plaintiff shall respond to the Motion to Dismiss on or by December 22, 2023. Counsel is advised that future motions for extension will be denied unless good cause is clearly set forth. Signed by Judge Donald M. Middlebrooks on 12/19/2023. (kid)
December 15, 2023 Filing 9 Agreed MOTION for Extension of Time to File Response/Reply/Answer by David Kanen. (Attachments: #1 Text of Proposed Order)(Stern, Coren)
December 12, 2023 Filing 8 Defendant's Corporate Disclosure Statement by BBQ Holdings, Inc. identifying Corporate Parent MTY Franchising USA, Inc. for BBQ Holdings, Inc. (Bender, Marshall)
December 11, 2023 Filing 7 Clerk's Notice to Filer re #6 Certificate of Other Affiliates/Corporate Disclosure Statement. Corporate Parents Not Entered; ERROR - The Filer failed to enter all Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Corp Parents. Note - Corporate Parents do not appear on the docket sheet. (ls)
December 8, 2023 Filing 6 Defendant's Corporate Disclosure Statement by BBQ Holdings, Inc. (Bender, Marshall)
December 1, 2023 Filing 5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by BBQ Holdings, Inc.. Responses due by 12/15/2023 (Korn, Jason)
November 21, 2023 Opinion or Order Filing 4 PAPERLESS ORDER granting #3 Defendant's Unopposed Motion for Extension of Time. Defendant seeks an extension of time to respond to Plaintiff's Complaint from November 22, 2023, to December 1, 2023. Motions for extension of time must set forth good cause supported by specific facts. Defendant's Motion provides me with no facts from which to discern whether good cause exists, citing only the need for "additional time to prepare its Response." Notwithstanding, because the Motion is unopposed, and because the extension requested is relatively brief, I will grant the Motion. Defendant shall respond to the Complaint on or by December 1, 2023. Counsel is advised that future motions that lack factual explanation will be denied. Signed by Judge Donald M. Middlebrooks on 11/21/2023. (kid)
November 20, 2023 Filing 3 Agreed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by BBQ Holdings, Inc.. (Attachments: #1 Exhibit Proposed Agreed Order)(Bender, Marshall)
November 15, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (nwn)
November 15, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-17076342, filed by BBQ Holdings, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Complaint and State Court Pleadings)(Bender, Marshall) No Answer/Motion To Dismiss Filed. Modified text on 11/15/2023 (nwn).

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Plaintiff: David Kanen
Represented By: Coren Harris Stern
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Defendant: BBQ Holdings, Inc. doing business as Famous Dave's of America, Inc.
Represented By: Bryan F. DuBon
Represented By: Jason Hunter Korn
Represented By: Marshall Bender
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