Cohen v. Powerblock, Inc.
| Peter Cohen |
| Powerblock, Inc. and Rodney Max |
| 1:2017cv23230 |
| August 25, 2017 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Marcia G Cooke |
| Jonathan Goodman |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 25, 2018. A more recent docket listing may be available from PACER.
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Filing 54
ORDER OF DISMISSAL. Signed by Judge Marcia G. Cooke on 6/25/2018. (ecz)
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| Filing 53 Joint MOTION to Dismiss #51 Notice of Settlement, #1 Complaint Stipulated Motion for Dismissal with Prejudice by Powerblock, Inc.. Responses due by 7/6/2018 (Brown, Douglas) |
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Filing 52
ORDER ADMINISTRATIVELY CLOSING CASE UPON NOTICE OF SETTLEMENT. Closing Case. Motions terminated: #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law filed by Powerblock, Inc., #39 MOTION to Stay re #38 Notice (Other) ECF 12/PowerBlock's Mt. to Stay Discovery Until Dispositive Motions are Decided, Motion for Modification of Civil Case Schedule and Incorp. Memo of Law filed by Powerblock, Inc.. Signed by Judge Marcia G. Cooke on 5/8/2018. (ase) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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| Filing 51 NOTICE of Settlement by Peter Cohen and by Powerblock, Inc. (Brown, Douglas) |
| Filing 50 PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Motion Hearing held on 4/27/2018 re #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law filed by Powerblock, Inc. Total time in court: 1 hour. Attorney Appearances: Jon Michael Herskowitz, Douglas Bruce Brown. Court Reporter: Glenda Powers, 305-523-5022 / Glenda_Powers@flsd.uscourts.gov. (im) |
| Filing 49 Notice of Supplemental Authority Powerblock's Notice of Supplemental Authorities in Support of Powerblock's Motion to Dismiss and Motion for Summary Judgment (Doc. 26) and Notice of Corrections to Case Law Citations Cited in Powerblock's Motion to Dismiss and Mt. for Summary Judgment by Powerblock, Inc. (Attachments: #1 Exhibit Teggerdine v. Speedway LLC, #2 Exhibit Baker v. Batmasian, #3 Exhibit Vasquez v. GM, #4 Exhibit Brisson v. Ford Motor Co.) (Brown, Douglas) |
| Filing 48 NOTICE of Change of Address by Jon Michael Herskowitz (Herskowitz, Jon) |
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Filing 47
ENDORSED ORDER granting Plaintiff's #45 Unopposed Motion to Continue. The hearing scheduled for April 24, 2018 at 3:00 p.m. regarding Defendant's #26 Motion to Dismiss and Motion for Partial Summary Judgment is RESET to April 27, 2018 at 10:00 a.m. in Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 4/13/2018. (ase)
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| Filing 46 Clerks Notice to Filer re #45 Unopposed MOTION for Extension of Time Rescheduling of Hearing Date re #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combine. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 45 Unopposed Motion to Continue/Reschedule Hearing on Defendant's Motion to Dismiss by Peter Cohen. Responses due by 4/26/2018 (Attachments: #1 Text of Proposed Order)(Herskowitz, Jon) Modified Relief on 4/13/2018 (ls). |
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Filing 44
ENDORSED ORDER Setting Hearing on Motion. Oral argument regarding Defendant's #26 Motion to Dismiss and Motion for Partial Summary Judgment shall be heard on April 24, 2018 at 3:00 PM in Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 4/5/2018. (ase)
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| Filing 43 REPLY to #41 Response in Opposition to Motion, Defendant PowerBlock's Reply to PL's Memo of Law in Opposition to DF's Mt. to Stay Discovery until Dispositive Mts. are Decided and Mt. for Modification of Civil Case Schedule by Powerblock, Inc.. (Brown, Douglas) |
| Filing 42 NOTICE by Powerblock, Inc. re #39 MOTION to Stay re #38 Notice (Other) ECF 12/PowerBlock's Mt. to Stay Discovery Until Dispositive Motions are Decided, Motion for Modification of Civil Case Schedule and Incorp. Memo of Law PowerBlock's Notice of Filing in Support of Its Motion to Stay of Discovery Until Dispositive Motions are Decided, Motion for Modification of Civil Case Schedule (Attachments: #1 Exhibit 2009 Magazine Advertisement, #2 Exhibit 2010 Magazine Advertisement, #3 Exhibit 2011 Magazine advertisement, #4 Exhibit Current Direct Brochure, #5 Exhibit Powerblock 2010 website from internet archive, #6 Exhibit Better Business Bureau Review & Complaints, #7 Exhibit Reviews on PowerBlock Urethane U90 State 1 Dumbbells on www.amazon.com) (Brown, Douglas) |
| Filing 41 RESPONSE in Opposition re #39 MOTION to Stay re #38 Notice (Other) ECF 12/PowerBlock's Mt. to Stay Discovery Until Dispositive Motions are Decided, Motion for Modification of Civil Case Schedule and Incorp. Memo of Law filed by Peter Cohen. Replies due by 2/28/2018. (Herskowitz, Jon) |
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Filing 40
Stipulated Protective Order. Signed by Magistrate Judge Jonathan Goodman on 2/9/2018. (jf00)
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| Filing 39 MOTION to Stay re #38 Notice (Other) ECF 12/PowerBlock's Mt. to Stay Discovery Until Dispositive Motions are Decided, Motion for Modification of Civil Case Schedule and Incorp. Memo of Law by Powerblock, Inc.. Responses due by 2/21/2018 (Attachments: #1 Exhibit PL's 1st RP to PowerBlock, #2 Exhibit PowerBlock's Resps. to 1st RP, #3 Exhibit Declaration of Noah Funk, #4 Exhibit Declaration of Kelly Wright, #5 Exhibit Declaration of Douglas Brown)(Brown, Douglas) |
| Filing 38 NOTICE of by Powerblock, Inc. Request for Judicial Notice in Support of DE #39 Motion to Stay (Brown, Douglas) Modified/Added link to Motion on 2/8/2018 (lk). |
| Filing 37 Notice of Supplemental Authority re #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law PowerBlock's Notice of Filing Supplemental Authority in Support of Mt. to Dismiss PL's Amd. Complaint, Mt. for Partial S/J by Powerblock, Inc. (Attachments: #1 Exhibit Torres v. Bank of America, N.A. 2018 WL 573406 (M.D. Fla. 1/26/18)) (Brown, Douglas) |
| Filing 36 STIPULATION re #35 Unopposed MOTION for Protective Order Regarding Confidentiality of Discovery Materials by Powerblock, Inc. (Attachments: #1 Exhibit Certification to agree to Terms of Stipulated Protective Order regarding Confidentiality of Discovery Materials)(Brown, Douglas) |
| Filing 35 Unopposed MOTION for Protective Order Regarding Confidentiality of Discovery Materials by Powerblock, Inc.. (Attachments: #1 Exhibit Stipulated Protective Order regarding Confidentiality of Discovery Materials)(Brown, Douglas) |
| Filing 34 REPLY to Response to Motion re #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law Defendant Powerblock's Inc's Reply in Support of its Motion to Dismiss the Amended Complaint (DE 33 and DE 26) filed by Powerblock, Inc.. (Brown, Douglas) |
| Filing 33 RESPONSE in Opposition re #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law filed by Peter Cohen. Replies due by 12/22/2017. (Herskowitz, Jon) |
| Filing 32 NOTICE of Mediator Selection. Added Rodney Max. (Herskowitz, Jon) |
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Filing 31
ENDORSED ORDER granting #30 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff shall file his response to #26 Defendant's Motion to Dismiss Plaintiff's Amended Complaint and for Partial Summary Judgment on or before December 15, 2017. Signed by Judge Marcia G. Cooke on 11/29/2017. (ase)
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| Filing 30 Amended MOTION for Extension of Time to File Response/Reply/Answer as to #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law by Peter Cohen. (Attachments: #1 Text of Proposed Order)(Herskowitz, Jon) |
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Filing 29
ENDORSED ORDER denying #28 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff has not presented any basis for needing an extension of time to respond to #26 Defendant's Motion to Dismiss and for Partial Summary Judgment, much less good cause to justify an almost two week extension. Accordingly, #28 Plaintiff's Motion is DENIED without prejudice. Signed by Judge Marcia G. Cooke on 11/28/2017. (ase)
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| Filing 28 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law by Peter Cohen. (Attachments: #1 Text of Proposed Order)(Herskowitz, Jon) |
| Filing 27 NOTICE by Powerblock, Inc. re #26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law (Attachments: #1 Exhibit 1 - Declaration of Noah Funk, #2 Exhibit A - Direct Brochure 2010-2011, #3 Exhibit B - 2010-2015 Urethane Manual, #4 Exhibit C 2010 Sport Series Manual, #5 Exhibit D Direct Brochure 2016) (Brown, Douglas) |
| Filing 26 MOTION to Dismiss with Prejudice #20 Amended Complaint Motion to Dismiss Plaintiff's Amended Complaint, Motion for Partial Summary Judgment and Combined Memorandum of Law by Powerblock, Inc.. Responses due by 12/6/2017 (Attachments: #1 Exhibit A Direct Brochure 2010-2011, #2 Exhibit B 2010-2015 Urethane manual, #3 Exhibit C 2010 Sport Series Manual, #4 Exhibit D Direct Brochure 2016)(Brown, Douglas) |
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Filing 25
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: ( Jury Trial set for 2/19/2019 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 2/13/2019 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 6/8/2018., Expert Discovery due by 10/19/2018., Merits and Class Fact Discovery due by 9/7/2018., Joinder of Parties due by 6/8/2018., Final proposed jury instructions and verdict form Deadline 2/8/2019., In Limine Motions due by 1/11/2019., Dispositive Motions due by 9/14/2018., Daubert and Markman Motions due by 10/26/2018., Pretrial Stipulation due by 1/11/2019.), ORDER REFERRING CASE to Mediation. Mediation Deadline 11/2/2018. Signed by Judge Marcia G. Cooke on 11/17/2017. (tm) #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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| Set/Reset Deadlines/Hearings as per DE 24 : Miscellaneous (motion to Dismiss) Deadline 11/22/2017. (lk) |
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Filing 24
ENDORSED ORDER granting Defendant's #23 Unopposed Motion for Leave to File Excess Pages. Defendant's Motion to Dismiss and incorporated memorandum of law shall not exceed twenty-three (23) pages and shall be filed on or before November 22, 2017. Signed by Judge Marcia G. Cooke on 11/16/2017. (ase)
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| Filing 23 Unopposed MOTION for Leave to File Excess Pages for its Motion to Dismiss and Memorandum of Law to Plaintiff's Amended Complaint by Powerblock, Inc.. (Attachments: #1 Text of Proposed Order)(Brown, Douglas) |
| Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by Powerblock, Inc. (Attachments: #1 Exhibit Attachment A Pretrial Deadlines, Pretrial Cnference and Trial Date, #2 Exhibit Attachment B Magistrate Judge Jurisdiction Election Form)(Brown, Douglas) |
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Filing 21
ENDORSED ORDER denying as moot Defendant's #12 Motion to Dismiss, pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), in light of Plaintiff's First Amended Complaint. Signed by Judge Marcia G. Cooke on 11/9/2017. (ase)
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| Filing 20 First AMENDED COMPLAINT against Powerblock, Inc., filed by Peter Cohen.(Herskowitz, Jon) |
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Filing 19
ENDORSED ORDER granting #16 Plaintiff's Motion to Appear Pro Hac Vice and permitting William H. Anderson, Esq, to appear and participate in this action on behalf of Peter Cohen and the proposed class and requiring the Clerk to provide electronic notification of all electronic filings to William H. Anderson, Esq., at wanderson@cuneolaw.com. Signed by Magistrate Judge Jonathan Goodman on 10/31/2017. (jf00)
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Filing 18
ENDORSED ORDER granting in part and denying in part #17 Joint Motion for Extension of Time. The parties' shall submit their joint proposed scheduling order on or before November 15, 2017. The parties shall serve their Federal Rule of Civil Procedure 25 Initial Disclosures on or before November 28, 2017. Signed by Judge Marcia G. Cooke on 10/31/2017. (ase)
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| Filing 17 Joint MOTION for Extension of Time to File Case Management Order and to Serve Rule 26 Initial Disclosures re #14 Plaintiff's MOTION for Extension of Time to Amend #1 Complaint or otherwise respond to Def's Motion To Dismiss or for Partial Summary Judgment, 15 Order on Motion for Extension of Time to Amend, by Powerblock, Inc.. Responses due by 11/13/2017 (Attachments: #1 Text of Proposed Order Proposed order)(Brown, Douglas) |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for William Anderson. Filing Fee $ 75.00 Receipt # 113C-10145261 by Peter Cohen. Responses due by 11/13/2017 (Attachments: #1 Certification, #2 Text of Proposed Order)(Herskowitz, Jon) |
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Filing 15
ENDORSED ORDER granting #14 Agreed Motion for Extension of Time. Plaintiff shall have through and including November 8, 2017 to amend his #1 Complaint or otherwise respond to Defendant's #12 Motion to Dismiss. Signed by Judge Marcia G. Cooke on 10/19/2017. (ase)
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| Filing 14 Plaintiff's MOTION for Extension of Time to Amend #1 Complaint or otherwise respond to Def's Motion To Dismiss or for Partial Summary Judgment by Peter Cohen. Responses due by 11/1/2017 (Attachments: #1 Text of Proposed Order)(Herskowitz, Jon) |
| Filing 13 NOTICE by Powerblock, Inc. re #12 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A Affidavit of Carlos Vazquez) (Duke, Samantha) |
| Filing 12 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Powerblock, Inc.. Attorney Samantha Crawford Duke added to party Powerblock, Inc.(pty:dft). Responses due by 10/25/2017 (Duke, Samantha) |
| Filing 11 Certificate of Interested Parties/Corporate Disclosure Statement by Powerblock, Inc. identifying Other Affiliate Great American Insurance Group for Powerblock, Inc. (Brown, Douglas) |
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Filing 10
ENDORSED ORDER granting nunc pro tunc #9 Defendant's Unopposed Motion for Extension of Time. Defendant shall respond to Plaintiff's #1 Complaint on or before October 12, 2017. The Parties shall file their Joint Scheduling Report on or before October 27, 2017.I note that Defendant filed the instant motion seeking an extension of time four days after its response to Plaintiff's #1 Complaint was due. Defendant failed to provide any reason for having waited until after the response deadline to both confer with Plaintiff and file the instant motion. In accordance with Federal Rule of Civil Procedure 6(b)(1)(A), the Parties are advised that the better practice is to file a motion for extension of time before the date of the deadline. Going forward, Parties shall file any motions for extension of time at least one business day before the deadline, absent compelling or unforeseen circumstances that are set forth in the motion seeking the extension. Failure to do so may result in summary denial of the motion. Signed by Judge Marcia G. Cooke on 9/26/2017. (ase)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #6 Order Requiring Joint Scheduling Report PowerBlock's Unopposed Mt. for Extension of Time to Respond to PL's Complaint & to Meet and File Jt. Scheduling Report by Powerblock, Inc.. Attorney Douglas Bruce Brown added to party Powerblock, Inc.(pty:dft). (Attachments: #1 Exhibit Proposed Order)(Brown, Douglas) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Peter Cohen. Powerblock, Inc. served on 9/1/2017, answer due 9/22/2017. (Herskowitz, Jon) |
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Filing 7
ORDER EXPEDITING SERVICE, (Expedited Service Deadline 11/20/2017.) Signed by Judge Marcia G. Cooke on 9/20/2017. (tm)
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Filing 6
Order Requiring Joint Scheduling Report Signed by Judge Marcia G. Cooke on 9/20/2017. (tm)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters Signed by Judge Marcia G. Cooke on 9/20/2017. (tm)
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| Filing 4 Summons Issued as to Powerblock, Inc.. (dj) |
| Filing 3 NOTICE of Filing Proposed Summons(es) by Peter Cohen re #1 Complaint filed by Peter Cohen (Herskowitz, Jon) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (ail) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-113C-10002072, payment transferred from : 17cv23230, filed by Peter Cohen. (Attachments: #1 Civil Cover Sheet)(Herskowitz, Jon) |
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