Cordon v. Smoothie King Franchises, Inc.
Plaintiff: EDWIN CORDON
Defendant: SMOOTHIE KING FRANCHISES, INC.
Case Number: 0:2026cv61045
Filed: April 10, 2026
Court: U.S. District Court for the Southern District of Florida
Presiding Judge: Panayotta D Augustin-Birch
Referring Judge: Donald M Middlebrooks
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. ยง 227 Restrictions of Use of Telephone Equipment
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 20, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2026 Opinion or Order Filing 13 ORDER CLOSING CASE. Case is Dismissed (With Prejudice). Signed by Judge Donald M. Middlebrooks on 5/20/2026. See attached document for full details. (jas)
May 19, 2026 Filing 12 NOTICE of Voluntary Dismissal WITH PREJUDICE by EDWIN CORDON (Venkatesh, Vinit)
May 13, 2026 Set/Reset Response/Answer Due Deadline, per DE #11 ORDER: SMOOTHIE KING FRANCHISES, INC. response/answer due 5/22/2026. (caw)
May 12, 2026 Opinion or Order Filing 11 PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS AND SUA SPONTE EXTENDING DEADLINE TO RESPOND TO COMPLAINT. Plaintiff has notified the Court that the Parties have settled this matter (DE #10 ), and the Court congratulates them on reaching an amicable resolution of this case. The Parties shall file appropriate closing documents within 10 days, or no later than May 22, 2026. I note that the record reflects that Defendant's deadline to respond to Plaintiff's Complaint was recently extended to May 15, 2026. (DE 8 ). I will sua sponte extend this deadline again, until May 22, given that the Parties appear poised to close this case imminently. However I caution Defendant that I am disinclined to extend this deadline any further. If closing documents are not timely filed, then Defendant must respond to the Complaint or risk default. Signed by Judge Donald M. Middlebrooks on 5/12/2026. (kid)
May 11, 2026 Filing 10 NOTICE of Settlement by EDWIN CORDON (Venkatesh, Vinit)
May 11, 2026 Opinion or Order Filing 9 ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 1/25/2027 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks, Calendar Call set for 1/20/2027 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Pursuant to 28 U.S.C. '636 (b)(1)(A) and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above- captioned cause is hereby referred to United States Magistrate Judge Panayotta Augustin-Birch to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. Signed by Judge Donald M. Middlebrooks on 5/11/2026. 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.
May 5, 2026 Opinion or Order Filing 8 PAPERLESS ORDER granting in part #7 Motion for Extension of Time. The deadline for Defendant to respond to the Complaint is May 8, 2026. Defendant seeks at 31-day extension of time. In support, Defendant states only that counsel was "recently retained," with no indication of when, and that additional time is needed to "investigate the allegations," and "evaluate Defendant's defenses." Motions to extend litigation deadlines must demonstrate good cause supported by specific facts. These generalized, conclusory representations do not supply good cause. On this sparse factual showing, the lengthy extension requested is unjustified. Because the motion is unopposed I will afford Defendant a brief delay, but counsel is advised that future motions to extend filing deadlines must be better supported or they will be summarily denied. Defendant shall respond to the Complaint by May 15, 2026. Signed by Judge Donald M. Middlebrooks on 5/5/2026. (kid)
May 4, 2026 Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by SMOOTHIE KING FRANCHISES, INC.. Responses due by 5/18/2026. (Attachments: #1 Text of Proposed Order)(Lunkenheimer, Kurt)
May 4, 2026 Filing 6 NOTICE of Attorney Appearance by Kurt Konrad Lunkenheimer on behalf of SMOOTHIE KING FRANCHISES, INC.. Attorney Kurt Konrad Lunkenheimer added to party SMOOTHIE KING FRANCHISES, INC.(pty:dft). (Lunkenheimer, Kurt)
April 22, 2026 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EDWIN CORDON. SMOOTHIE KING FRANCHISES, INC. served on 4/17/2026, response/answer due 5/8/2026. (Venkatesh, Vinit)
April 13, 2026 Filing 4 Clerk's Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Broward (Office - Ft Lauderdale) as the county with the filer. It is not necessary to re-file this document. (blc)
April 13, 2026 Filing 3 Summons Issued as to SMOOTHIE KING FRANCHISES, INC.. (blc)
April 10, 2026 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. (blc)
April 10, 2026 Filing 1 COMPLAINT against SMOOTHIE KING FRANCHISES, INC.. Filing fees $ 405.00 receipt number AFLSDC-19415105, filed by EDWIN CORDON. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Venkatesh, Vinit)

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Plaintiff: EDWIN CORDON
Represented By: Vinit Roy Venkatesh
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Defendant: SMOOTHIE KING FRANCHISES, INC.
Represented By: Kurt Konrad Lunkenheimer
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