Berman v. Hazen and Sawyer, P.C. et al
| Jodie Berman, RoseMarie Achilarre, Tammie Andrew, Kathleen Antezana, Sonja Attallah, Susan Batchelder, Keith Bennett, Jennifer Hatton, Katrin Brainard, Dolores Chalvatzis, Veronica Chevrestt, Samuel Torres, Robert Childs, Maria Childs, Mary Coleman, Kelly Collins, Jeffrey Cote, James Cote, Dylan Cote, Jaqueline Crimminger, David Crimminger, Megan DeGraaf, Sally Diaz, Jeanne Evans, Mauricio Ferrer, David Serra, Crystal Freedman-Osgood, Sabra Gambino, Charles Gentile, Jennifer Gentile, Ryan Gomez, Daniel Gwynn, Andrew Hakko, Sherylyn Henschel, Heather Hughes, Dr. Naranjo Rosenzweig, Danielle McDonald, Carissa Longson, Veronica Maher, John Major, Amy Major, Brandon Marks, Ryan Mascarenhas, Georgette Payne, Angela Perez, Marcus Platt, Margaret Platt, Adrian Poe, Dave Rens, Yohanka Reyes, Elpidio Reyes, Cheryl James Sadar, Kelly James Sadar, Jeff Sanders, Charles Schneider, Sharon Schneider, Robert Schwartz, Rhoda Sokaloff, Amber Stephens, James Snyder, Cynthia Snyder, Deanna Trott, Marie Verheek, Judith Watkins and Chris Zumbano |
| Hazen and Sawyer, P.C. and David Mancini & Sons, Inc. |
| 0:2025cv61000 |
| May 20, 2025 |
| U.S. District Court for the Southern District of Florida |
| Melissa Damian |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on August 15, 2025. A more recent docket listing may be available from PACER.
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| Filing 46 Defendant's REPLY to Response to Motion re #38 Defendant's MOTION for Leave to File Sur-Reply to Address New Evidence in Plaintiff's Reply in Support of Motion to Remand and Incorporated Memorandum of Law. filed by Hazen and Sawyer, P.C.. (Ross, Ian) |
| Filing 45 RESPONSE to Motion re #38 Defendant's MOTION for Leave to File Sur-Reply to Address New Evidence in Plaintiff's Reply in Support of Motion to Remand and Incorporated Memorandum of Law filed by Jodie Berman. Replies due by 8/15/2025. (Martell, Nicole) |
| Filing 44 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by David Mancini & Sons, Inc. (Maribona, Shannon) |
| Filing 43 Joint SCHEDULING REPORT - Rule 16.1 by Jodie Berman (Attachments: #1 Exhibit Exhibit A: Proposed Scheduling Order)(Martell, Nicole) |
| Filing 42 Clerk's Notice to Filer re #41 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/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 Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (Kelly Kronenberg- Counsel for Mancini, Shannon L. Maribona- Counsel for Mancini, David Di Pietro- Counsel for Plaintiff's are not listed on the case). (Notice sent in error filer notified to disregard no changes needed) (pc) Modified text on 8/4/2025 (pc). |
| Filing 41 Defendant's Certificate of Other Affiliates Certificate of Interested Persons by Hazen and Sawyer, P.C. (Ross, Ian) |
| Filing 40 Clerk's Notice to Filer re #39 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/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 Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (Roberts, Reynolds, Bedard & Tuzzio, PLLC - Counsel for Mancini, Gerardo M. Fernandez-Davila - Counsel for Mancini and Brittany H. Frank - Counsel for Mancini are not listed on the case). (pc) |
| Filing 39 Defendant's Certificate of Other Affiliates Certificate of Interested Persons by Hazen and Sawyer, P.C. (Ross, Ian) |
| Filing 38 Defendant's MOTION for Leave to File Sur-Reply to Address New Evidence in Plaintiff's Reply in Support of Motion to Remand and Incorporated Memorandum of Law by Hazen and Sawyer, P.C.. (Attachments: #1 Exhibit A - Hazen and Sawyer's Sur-Reply in Further Opposition to Plaintiff's Motion to Remand, #2 Exhibit A-1 to Hazen and Sawyer's Sur-Reply - SOS Compilation, #3 Exhibit A-2 to Hazen and Sawyer's Sur-Reply - Taylor Declaration)(Ross, Ian) |
Filing 37
PAPERLESS ORDER GRANTING IN PART #29 Plaintiffs' Motion to Stay Proceedings Pending a Ruling on Plaintiffs' Motion For Remand, or in the Alternative, for an Extension of Time to Respond to Defendants' Motion to Dismiss. This Court notes Defendants' opposition but finds that an expedited ruling is necessary because the relief sought in the Motion will be moot before Defendants' deadline to respond to the same. While this Court does not have the benefit of a response from Defendants, it has undertaken a review of the record and, finding that good cause has been demonstrated because the requested extension would serve judicial economy and is measured to prevent the waste of resources, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED IN PART. Briefing on Defendants' #26 Joint Motion to Dismiss is hereby STAYED pending ruling on Plaintiffs' #14 Motion for Remand. New briefing deadlines pertaining to the Joint Motion to Dismiss will be issued by separate order. No other deadlines are affected by this Order. Signed by Judge Melissa Damian on 7/24/2025. (bzy)
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| Filing 36 NOTICE of Attorney Appearance Pro Hac Vice for Additional Party Representation(s) for Jodie Berman. All information provided in support of the initial #30 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Warren T. Burns. Filing Fee $ 250.00 Receipt # AFLSDC-18622624 remains current and correct, including the sponsoring co-counsel. (Martell, Nicole) |
| Filing 35 Plaintiff's REPLY in Support of Motion re #14 MOTION to Remand to State Court . filed by Jodie Berman. (Martell, Nicole) |
| Filing 34 NOTICE of Striking #32 Reply in Support of Motion filed by Jodie Berman, 33 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney,, by Jodie Berman (Martell, Nicole) |
| Filing 33 Clerk's Notice to Filer re #32 Reply in Support of Motion. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - 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 typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (pc) |
| Filing 32 (STRICKEN) Plaintiff's REPLY in Support of Motion re #14 MOTION to Remand to State Court . filed by Jodie Berman. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Martell, Nicole) Modified per DE #34 on 7/23/2025 (pc). |
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Filing 31
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENTS TO DESIGNATION, AND REQUESTS TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING [ECF NO. 30] re #30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Warren T. Burns, Esq.. Signed by Judge Melissa Damian on 7/21/2025. See attached document for full details. (pc)
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| Filing 30 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Warren T. Burns. Filing Fee $ 250.00 Receipt # AFLSDC-18622624 by Jodie Berman. Responses due by 7/30/2025. (Attachments: #1 Certification Certification of Warren T. Burns)(DiPietro, David) |
| Filing 29 Plaintiff's MOTION to Stay PROCEEDINGS PENDING A RULING ON PLAINTIFFS' MOTION FOR REMAND, OR IN THE ALTERNATIVE, FOR AN EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS by Jodie Berman. Responses due by 7/30/2025. (DiPietro, David) |
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Filing 28
Order Requiring Joint Scheduling Report and Certificates of Interested Parties Joint Scheduling Report due by 8/4/2025 Signed by Judge Melissa Damian on 7/14/2025. See attached document for full details. (pc)
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| Filing 27 Joint NOTICE OF FILING DECLARATION OF PETER YOUNG IN SUPPORT OF HAZEN AND SAWYER'S OPPOSITION TO PLAINTIFFS' MOTION TO REMAND by Hazen and Sawyer, P.C. re #25 Response in Opposition to Motion (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ross, Ian) |
| Filing 26 Joint MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,,, FOR FAILURE TO STATE A CLAIM by Hazen and Sawyer, P.C.. Responses due by 7/28/2025. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ross, Ian) |
| Filing 25 RESPONSE in Opposition re #14 MOTION to Remand to State Court DEFENDANTS' JOINT RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION TO REMAND filed by Hazen and Sawyer, P.C.. Replies due by 7/21/2025. (Ross, Ian) |
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Filing 24
PAPERLESS ORDER GRANTING #23 Defendant Hazen and Sawyer, P.C.'s Unopposed Motion for Leave to File Excess Pages and Incorporated Memorandum of Law. Finding good cause for exceeding the page limit and seeing that the Motion is unopposed, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendants have leave to exceed the page limit in their forthcoming Joint Motion to Dismiss by three pages. Plaintiffs have leave to exceed the page limit in their forthcoming Response to the Joint Motion to Dismiss by three pages as well. Signed by Judge Melissa Damian on 7/11/2025. (bzy)
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| Filing 23 Unopposed MOTION for Leave to File Excess Pages by Hazen and Sawyer, P.C.. (Attachments: #1 Text of Proposed Order Proposed Order)(Ross, Ian) |
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Filing 22
PAPERLESS ORDER GRANTING #19 Defendant Hazen and Sawyer's Unopposed Motion For Extension of Time to Respond to Plaintiffs' Motion to Remand and to Permit Plaintiffs' One-Page Overlength Filing. Finding good cause for the requested extension and seeing that the overlength filing is unopposed, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant shall file a Response to #14 Plaintiffs' Motion to Remand by July 14, 2025. Plaintiffs have leave to exceed the page limit by one page for their already-filed #14 Motion for Remand. Signed by Judge Melissa Damian on 7/2/2025. (bzy)
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| Filing 21 NOTICE of Attorney Appearance by Shannon L Maribona on behalf of David Mancini & Sons, Inc. (Maribona, Shannon) |
| Filing 20 NOTICE of Attorney Appearance by Shannon L Maribona on behalf of David Mancini & Sons, Inc.. Attorney Shannon L Maribona added to party David Mancini & Sons, Inc.(pty:dft). (Maribona, Shannon) |
| Set/Reset Deadlines/Hearings as to #14 MOTION to Remand to State Court . Responses due by 7/14/2025. (per DE 22). (pc) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #14 MOTION to Remand to State Court JOINT UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' MOTION TO REMAND AND TO PERMIT PLAINTIFFS' ONE-PAGE OVERLENGTH FILING by Hazen and Sawyer, P.C.. (Attachments: #1 Text of Proposed Order)(Ross, Ian) |
| Filing 18 NOTICE of Attorney Appearance Pro Hac Vice for Additional Party Representation(s) for Jodie Berman. All information provided in support of the initial #10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adrienne Allen. Filing Fee $ 250.00 Receipt # AFLSDC-18525409 remains current and correct, including the sponsoring co-counsel. (Martell, Nicole) |
| Filing 17 NOTICE of Attorney Appearance Pro Hac Vice for Additional Party Representation(s) for Jodie Berman. All information provided in support of the initial #11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anna Katherine Benedict. Filing Fee $ 250.00 Receipt # AFLSDC-18525466 remains current and correct, including the sponsoring co-counsel. (Martell, Nicole) |
| Filing 16 NOTICE of Attorney Appearance Pro Hac Vice for Additional Party Representation(s) for Jodie Berman. All information provided in support of the initial #12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for HARRY RICHARD YELTON III. Filing Fee $ 250.00 Receipt # AFLSDC-18525490 remains current and correct, including the sponsoring co-counsel. (Martell, Nicole) |
| Filing 15 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by RoseMarie Achilarre, Tammie Andrew, Kathleen Antezana, Sonja Attallah, Susan Batchelder, Keith Bennett, Jennifer Hatton, Katrin Brainard, Dolores Chalvatzis, Veronica Chevrestt, Samuel Torres, Robert Childs, Maria Childs, Mary Coleman, Kelly Collins, Jeffrey Cote, James Cote, Dylan Cote, Jaqueline Crimminger, David Crimminger, Megan DeGraaf, Sally Diaz, Jeanne Evans, Mauricio Ferrer, David Serra, Crystal Freedman-Osgood, Sabra Gambino, Charles Gentile, Jennifer Gentile, Ryan Gomez, Daniel Gwynn, Andrew Hakko, Sherylyn Henschel, Heather Hughes, Dr. Naranjo Rosenzweig, Danielle McDonald, Carissa Longson, Veronica Maher, John Major, Amy Major, Brandon Marks, Ryan Mascarenhas, Georgette Payne, Angela Perez, Marcus Platt, Margaret Platt, Adrian Poe, Dave Rens, Yohanka Reyes, Elpidio Reyes, Cheryl James Sadar, Kelly James Sadar, Jeff Sanders, Charles Schneider, Sharon Schneider, Robert Schwartz, Rhoda Sokaloff, Amber Stephens, James Snyder, Cynthia Snyder, Deanna Trott, Marie Verheek, Judith Watkins, Chris Zumbano (Martell, Nicole) |
| Filing 14 MOTION to Remand to State Court by Jodie Berman. Attorney Nicole Marie Martell added to party Jodie Berman(pty:pla). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Martell, Nicole) |
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Filing 13
OMNIBUS ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE, CONSENTS TO DESIGNATION, AND REQUESTS TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING [ECF NOS. 10, 11, 12] granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Adrienne Allen, Esq.; granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Anna Katherine Benedict, Esq.; granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Harry Richard Yelton III, Esq.. Signed by Judge Melissa Damian on 6/17/2025. See attached document for full details. (pc)
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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 HARRY RICHARD YELTON III. Filing Fee $ 250.00 Receipt # AFLSDC-18525490 by Jodie Berman. Responses due by 6/25/2025. (Attachments: #1 Certification CERTIFICATION OF HARRY RICHARD YELTON III)(DiPietro, David) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anna Katherine Benedict. Filing Fee $ 250.00 Receipt # AFLSDC-18525466 by Jodie Berman. Responses due by 6/25/2025. (Attachments: #1 Certification Certification of Anna Katherine Benedict)(DiPietro, David) |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Adrienne Allen. Filing Fee $ 250.00 Receipt # AFLSDC-18525409 by Jodie Berman. Responses due by 6/25/2025. (DiPietro, David) |
| Filing 9 STATUS REPORT REMOVAL STATUS REPORT by Hazen and Sawyer, P.C. (Ross, Ian) |
| Filing 8 Defendant's Corporate Disclosure Statement DEFENDANT HAZEN AND SAWYER'S RULE 7.1 DISCLOSURE STATEMENT by Hazen and Sawyer, P.C. (Ross, Ian) |
| Filing 7 NOTICE of Attorney Appearance by Kenneth Wayne Waterway on behalf of David Mancini & Sons, Inc.. Attorney Kenneth Wayne Waterway added to party David Mancini & Sons, Inc.(pty:dft). (Waterway, Kenneth) |
| Filing 6 NOTICE of Attorney Appearance by Marianne Curtis on behalf of David Mancini & Sons, Inc.. Attorney Marianne Curtis added to party David Mancini & Sons, Inc.(pty:dft). (Curtis, Marianne) |
| Filing 5 Defendant's NOTICE NOTICE REGARDING DEFENDANTS' TIME FOR RESPONSE TO THE AMENDED COMPLAINT by Hazen and Sawyer, P.C. re #4 Order (Ross, Ian) |
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Filing 4
ORDER ON CASES WITH MULTIPLE DEFENDANTS re #1 Notice of Removal (State Court Complaint) filed by Hazen and Sawyer, P.C. Signed by Judge Melissa Damian on 5/23/2025. See attached document for full details. (pc)
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Filing 3
ORDER ON COURT PRACTICE IN REMOVAL CASES (Removal Status Report due by 6/6/2025.) Signed by Judge Melissa Damian on 5/23/2025. See attached document for full details. (pc)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Melissa Damian. 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Plaintiff's First Amended Class Action Complaint) Filing fee $ 405.00 receipt number AFLSDC-18466034, filed by Hazen and Sawyer, P.C.. (Attachments: #1 Civil Cover Sheet Federal, #2 Exhibit 1, #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 2, #23 Exhibit 3, #24 Exhibit 4, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit)(Ross, Ian) (1st Amended Complaint see Exh. A, no Answer/Motion to Dismiss filed) Modified text on 5/21/2025 (pc). |
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