Hebert v. Rick Case Enterprises, Inc. et al
| Romeo Hebert |
| Rick Case Enterprises, Inc. 401(K) Plan, Rita M. Case, Darren W. Stokes, Board of Directors of Rick Case Enterprises, Inc., the Retirement Plan Committee of Rick Case Enterprises, Inc, John Doe Directors 1-10 and Rick Case Enterprises, Inc. |
| 0:2025cv62255 |
| November 7, 2025 |
| U.S. District Court for the Southern District of Florida |
| Raag Singhal |
| Jared M Strauss |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 27, 2026. A more recent docket listing may be available from PACER.
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Filing 41
ORDER SETTING PRETRIAL DEADLINES re case for set trial during the Court's two-week trial calendar beginning on April 5, 2027, DE #32 Order Setting Trial. Dispositive Motions due by 12/30/2026. Amended Pleadings due by 4/15/2026. Signed by Magistrate Judge Jared M. Strauss on 3/27/2026. See attached document for full details. (blc) #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 40
PAPERLESS ORDER granting #39 Motion to Continue. The Scheduling Conference previously scheduled for April 6, 2026, at 3:00 PM is cancelled. The Court will separately enter a scheduling order without holding a scheduling conference. Signed by Magistrate Judge Jared M. Strauss on 3/27/2026. (jva)
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| Filing 39 Joint MOTION to Continue Scheduling Conference re 35 Order Setting/Resetting/Cancelling Hearing, by Romeo Hebert. Responses due by 4/10/2026. (Attachments: #1 Text of Proposed Order)(Murphy, Robert) |
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Filing 38
PAPERLESS ORDER scheduling mediation before Mediator Jeffrey Grubman on 9/10/2026 at 10:00 AM at 2 Biscayne Blvd, Suite 3600, Miami, Florida 33131. All parties and counsel must appear. A mediation report shall be filed no later than 9/15/2026. Signed by Magistrate Judge Jared M. Strauss on 3/17/2026. (jva)
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| Filing 37 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Romeo Hebert, Jeffrey S. Grubman as Mediator. Mediation Hearing set for 9/10/26 at 10:00 am. (Attachments: #1 Text of Proposed Order)(Murphy, Robert) |
| Filing 36 ANSWER and Affirmative Defenses to Amended Complaint by Rita M. Case, Rick Case Enterprises, Inc., Darren W. Stokes. (Gordon, Andrew) |
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Filing 35
PAPERLESS ORDER setting Scheduling Conference for 4/6/2026 at 3:00 PM in the Fort Lauderdale Division before Magistrate Judge Jared M. Strauss. No remote appearances will be permitted. Signed by Magistrate Judge Jared M. Strauss on 3/3/2026. (jva)
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Filing 34
PAPERLESS ORDER REFERRING CASE to Mediation. By 3/17/2026, the parties shall select a mediator pursuant to Local Rule 16.2, shall schedule a time, date, and place for mediation, and shall jointly file a notice and proposed order scheduling mediation via CM/ECF in the form specified on the Court's website, http://www.flsd.uscourts.gov. The parties shall complete mediation by 12/28/2026. If the parties cannot agree on a mediator, they shall notify the Clerk in writing as soon as possible, and the Clerk shall designate a certified mediator on a blind rotation basis. Counsel for all parties shall familiarize themselves with and adhere to all provisions of Local Rule 16.2. Within three (3) days of mediation, the parties are required to file a mediation report with the Court. Signed by Magistrate Judge Jared M. Strauss on 3/3/2026. (jva)
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Filing 33
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 3/3/2026. See attached document for full details. (jva)
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Filing 32
ORDER SETTING TRIAL, GENERAL INSTRUCTIONS, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 4/5/2027 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal, Calendar Call set for 3/31/2027 02:00 PM via Zoom before Judge Raag Singhal. Pursuant to 28 U.S.C. 636 and this District's Magistrate Judge Rules, it is ORDERED that the above-captioned cause is referred to United States Magistrate Jared M. Strauss for discovery matters and requests that relate to those matters. It is further ORDERED that this cause is referred to Magistrate Judge Strauss to hold a scheduling conference, set pre-trial deadlines and refer the case to mediation. Signed by Judge Raag Singhal on 3/2/2026. See attached document for full details. (blc) #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 31
PAPERLESS ORDER denying as moot #27 Defendant Rick Case Enterprises, Inc. 401(k) Plan's Motion to Dismiss with Prejudice in light of Plaintiff's #30 Amended Complaint. Signed by Judge Raag Singhal on 3/2/2026. (imy)
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| Filing 30 AMENDED COMPLAINT for Damages and Incidental Relief against All Defendants, filed by Romeo Hebert.(Murphy, Robert) |
| Filing 29 Joint SCHEDULING REPORT - Rule 16.1 by Romeo Hebert (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Murphy, Robert) |
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Filing 28
ORDER REQUIRING SCHEDULING REPORT. Joint Scheduling Report due by 2/24/2026. Signed by Judge Raag Singhal on 2/3/2026. See attached document for full details. (blc)
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| Filing 27 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Rick Case Enterprises, Inc. 401(K) Plan. Responses due by 2/13/2026. (Gordon, Andrew) |
| Filing 26 ANSWER and Affirmative Defenses to Complaint by Rita M. Case, Rick Case Enterprises, Inc., Darren W. Stokes. (Gordon, Andrew) |
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Filing 25
PAPERLESS ORDER granting #24 Defendants' Second Agreed Motion for a Final Extension of Time to Respond to Complaint. Defendants' response is due January 30, 2026. Signed by Judge Raag Singhal on 1/16/2026. (imy)
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| Filing 24 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Rita M. Case, Rick Case Enterprises, Inc., Rick Case Enterprises, Inc. 401(K) Plan, Darren W. Stokes. (Swanson, Lauren) |
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Filing 23
PAPERLESS ORDER granting #21 Defendants' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Anthony Antognoli may appear and participate in this matter on behalf of Defendants. The Clerk shall provide electronic notification of all electronic filings to Anthony Antognoli, at [email protected]. Signed by Judge Raag Singhal on 12/30/2025. (imy)
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Filing 22
PAPERLESS ORDER granting #20 Defendants' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. James Harbert may appear and participate in this matter on behalf of Defendants. The Clerk shall provide electronic notification of all electronic filings to James Harbert, at [email protected]. Signed by Judge Raag Singhal on 12/30/2025. (imy)
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| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anthony Antognoli. Filing Fee $ 250.00 Receipt # AFLSDC-19061419 by Rita M. Case, Rick Case Enterprises, Inc., Rick Case Enterprises, Inc. 401(K) Plan, Darren W. Stokes. Responses due by 1/5/2026. (Gordon, Andrew) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James Harbert. Filing Fee $ 250.00 Receipt # AFLSDC-19061304 by Rita M. Case, Rick Case Enterprises, Inc., Rick Case Enterprises, Inc. 401(K) Plan, Darren W. Stokes. Responses due by 1/5/2026. (Gordon, Andrew) |
| Filing 19 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Rick Case Enterprises, Inc. 401(K) Plan (Swanson, Lauren) |
| Filing 18 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Rick Case Enterprises, Inc. (Swanson, Lauren) |
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Filing 17
PAPERLESS ORDER granting #16 Defendants' Agreed Motion for Extension of Time to Respond to Complaint. While the extension requested is unusually long, the Court appreciates the Parties' efforts to streamline the filings by filing a Joint Response once all defendants are served. Accordingly, the Motion is granted, and Defendants shall respond by January 20, 2026. Signed by Judge Raag Singhal on 12/8/2025. (imy)
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| Filing 16 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Rita M. Case, Rick Case Enterprises, Inc., Rick Case Enterprises, Inc. 401(K) Plan, Darren W. Stokes. (Swanson, Lauren) |
| Filing 15 NOTICE of Attorney Appearance by Andrew Michael Gordon on behalf of Rick Case Enterprises, Inc., Rick Case Enterprises, Inc. 401(K) Plan. Attorney Andrew Michael Gordon added to party Rick Case Enterprises, Inc.(pty:dft), Attorney Andrew Michael Gordon added to party Rick Case Enterprises, Inc. 401(K) Plan(pty:dft). (Gordon, Andrew) |
| Filing 14 NOTICE of Attorney Appearance by Lauren Dale Swanson on behalf of Rick Case Enterprises, Inc., Rick Case Enterprises, Inc. 401(K) Plan. Attorney Lauren Dale Swanson added to party Rick Case Enterprises, Inc.(pty:dft), Attorney Lauren Dale Swanson added to party Rick Case Enterprises, Inc. 401(K) Plan(pty:dft). (Swanson, Lauren) |
| Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Darren W. Stokes (Swanson, Lauren) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Rita M. Case (Swanson, Lauren) |
| Filing 11 NOTICE of Attorney Appearance by Andrew Michael Gordon on behalf of Rita M. Case, Darren W. Stokes. Attorney Andrew Michael Gordon added to party Rita M. Case(pty:dft), Attorney Andrew Michael Gordon added to party Darren W. Stokes(pty:dft). (Gordon, Andrew) |
| Filing 10 NOTICE of Attorney Appearance by Lauren Dale Swanson on behalf of Rita M. Case, Darren W. Stokes. Attorney Lauren Dale Swanson added to party Rita M. Case(pty:dft), Attorney Lauren Dale Swanson added to party Darren W. Stokes(pty:dft). (Swanson, Lauren) |
| 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 Romeo Hebert. Rita M. Case served on 11/14/2025, response/answer due 12/5/2025. (Murphy, Robert) |
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Filing 8
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 11/13/2025. (imy)
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| Filing 7 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 11/13/2025. (imy) |
| Filing 6 Certificate of Other Affiliates by Romeo Hebert (Murphy, Robert) |
| Filing 5 Notice of NO Pending, Refiled, Related or Similar Actions by Romeo Hebert (Murphy, Robert) |
| Filing 4 NOTICE of Attorney Appearance by Walter John Mathews on behalf of Romeo Hebert (Mathews, Walter) |
| Filing 3 Summons Issued as to Rita M. Case, RICK CASE ENTERPRISES, INC., Darren W. Stokes. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge 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. (pcs) |
| Filing 1 COMPLAINT for Damages and Incidental Relief against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-18938651, filed by Romeo Hebert. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) As to Darren Stokes, #3 Summon(s) As to Rita Case, #4 Summon(s) As to Rick Case Enterprises, Inc.)(Murphy, Robert) |
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