Secure v. Ultimate Fitness Group, LLC
Plaintiff: Joan Secure and Scott A Edelsberg
Defendant: Ultimate Fitness Group, LLC and Hart Fitness, Inc.
Case Number: 1:2018cv20483
Filed: February 7, 2018
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade (Office: Miami)
Presiding Judge: Federico A Moreno
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 26, 2018 Filing 59 Notification of Ninety Days Expiring by Ultimate Fitness Group, LLC re #45 Response in Opposition to Motion filed by Joan Secure, #46 Reply to Response to Motion filed by Ultimate Fitness Group, LLC, #41 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Ultimate Fitness Group, LLC (Phillips, J)
October 29, 2018 Filing 58 Notice of Supplemental Authority re #45 Response in Opposition to Motion to Dismiss by Joan Secure (Attachments: #1 Exhibit A - Adams v. Ocwen) (Hiraldo, Manuel)
October 24, 2018 Filing 57 Notice of Supplemental Authority re #45 Response in Opposition to Motion to Dismiss by Joan Secure (Attachments: #1 Exhibit A - Whitehead v. Ocwen) (Hiraldo, Manuel)
October 22, 2018 Filing 56 NOTICE of Attorney Appearance by Michael Eisenband on behalf of Joan Secure. Attorney Michael Eisenband added to party Joan Secure(pty:pla). (Eisenband, Michael)
September 20, 2018 Filing 55 Notice of Supplemental Authority re #51 Response in Opposition to Motion, #45 Response in Opposition to Motion to Dismiss by Joan Secure (Attachments: #1 Exhibit A - Marks v. Crunch) (Hiraldo, Manuel)
September 19, 2018 Filing 54 MOTION to Quash by Hart Fitness, Inc.. (Fasano, Michael)
September 11, 2018 Filing 53 NOTICE of Attorney Appearance by Scott Adam Edelsberg on behalf of Joan Secure. Attorney Scott Adam Edelsberg added to party Joan Secure(pty:pla). (Edelsberg, Scott)
September 5, 2018 Filing 52 REPLY to Response to Motion re #50 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Hart Fitness, Inc.. (Fasano, Michael)
August 29, 2018 Filing 51 RESPONSE in Opposition re #50 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Scott A Edelsberg. Attorney Scott Adam Edelsberg added to party Scott A Edelsberg(pty:pla). Replies due by 9/5/2018. (Edelsberg, Scott)
August 15, 2018 Filing 50 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM by Hart Fitness, Inc.. Responses due by 8/29/2018 (Fasano, Michael)
August 15, 2018 Filing 49 NOTICE of Attorney Appearance by Michael Christopher Fasano on behalf of Hart Fitness, Inc.. Attorney Michael Christopher Fasano added to party Hart Fitness, Inc.(pty:dft). (Fasano, Michael)
August 15, 2018 Opinion or Order Filing 48 ORDER #43 Granting Extension of Time to Respond to Defendant Ultimate Fitness Group, LLC's Motion to Dismiss and Denying Request to Consolidate Response to Defendants' Responses to the Amended Complaint. Signed by Judge Federico A. Moreno on 8/14/2018. See attached document for full details. (koa)
August 15, 2018 Filing 47 Notice of Supplemental Authority re #45 Response in Opposition to Motion to Dismiss by Joan Secure (Attachments: #1 Exhibit A - Abante Rooter v. Alarm.com) (Hiraldo, Manuel)
August 13, 2018 Filing 46 REPLY to Response to Motion re #41 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Ultimate Fitness Group, LLC. (Phillips, J)
August 6, 2018 Filing 45 RESPONSE in Opposition re #41 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Joan Secure. Replies due by 8/13/2018. (Hiraldo, Manuel)
August 2, 2018 Filing 44 RESPONSE to Motion re #43 MOTION for Extension of Time to Permit the Filing of a Consolidated Response to Defendants' Motion to Dismiss re #41 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Ultimate Fitness Group, LLC. Replies due by 8/9/2018. (Phillips, J)
August 1, 2018 Filing 43 MOTION for Extension of Time to Permit the Filing of a Consolidated Response to Defendants' Motion to Dismiss re #41 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM by Joan Secure. Responses due by 8/15/2018 (Attachments: #1 Text of Proposed Order)(Hiraldo, Manuel)
July 25, 2018 Filing 42 SUMMONS (Affidavit) Returned Executed on #38 Amended Complaint with a 21 day response/answer filing deadline by Joan Secure. Hart Fitness, Inc. served on 7/25/2018, answer due 8/15/2018. (Hiraldo, Manuel)
July 23, 2018 Filing 41 MOTION TO DISMISS #38 Amended Complaint FOR FAILURE TO STATE A CLAIM by Ultimate Fitness Group, LLC. Responses due by 8/6/2018 (Phillips, J)
July 18, 2018 Filing 40 Summons Issued as to Hart Fitness, Inc.. (jas)
July 16, 2018 Filing 39 NOTICE of Filing Proposed Summons(es) by Joan Secure re #38 Amended Complaint filed by Joan Secure (Attachments: #1 Summon(s)) (Hiraldo, Manuel)
July 9, 2018 Filing 38 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Joan Secure. (Attachments: #1 Summon(s))(Hiraldo, Manuel)
July 6, 2018 Filing 37 STIPULATION for Protective Order Governing the Production of Confidential Materials by Ultimate Fitness Group, LLC (Phillips, J)
July 6, 2018 Opinion or Order Filing 36 ORDER granting #31 Plaintiff's Unopposed Motion for Leave to Amend First Amended Class Action Complaint and Denying Defendant's #18 Motion to Dismiss as Moot. Plaintiff shall file her Second Amended Class Action Complaint by no later than July 13, 2018. Signed by Judge Federico A. Moreno on 7/6/2018. See attached document for full details. (koa)
July 2, 2018 Filing 35 RESPONSE to #30 Notice of Supplemental Authority by Joan Secure. (Hiraldo, Manuel)
July 2, 2018 Filing 34 Notice of Supplemental Authority re #18 MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Ultimate Fitness Group, LLC (Attachments: #1 Exhibit A) (Phillips, J)
July 2, 2018 Opinion or Order Filing 33 PAPERLESS ORDER granting #32 Motion for Leave to File Response to Defendant's Notice of Supplemental Authority. Plaintiff may file a brief response of no more than five (5) pages to Defendant's Notice of Supplemental Authority #30 . Signed by Judge Federico A. Moreno on 7/2/2018. (koa)
June 29, 2018 Filing 32 MOTION for Leave to File Response to Notice of Supplemental Authority by Joan Secure. (Attachments: #1 Exhibit A - Response to Notice of Supplemental Authority)(Hiraldo, Manuel)
June 27, 2018 Filing 31 Unopposed MOTION for Leave to File Second Amended Class Action Complaint by Joan Secure. (Attachments: #1 Exhibit A - Proposed Second Amended Class Action Complaint, #2 Text of Proposed Order)(Hiraldo, Manuel)
June 27, 2018 Filing 30 Notice of Supplemental Authority re #18 MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Ultimate Fitness Group, LLC (Attachments: #1 Exhibit A) (Phillips, J)
June 19, 2018 Filing 29 Notice of Supplemental Authority re #20 Response in Opposition to Motion to Dismiss by Joan Secure (Attachments: #1 Exhibit A - McMillion v. Curtis & Associates) (Hiraldo, Manuel)
June 13, 2018 Filing 28 Notice of Supplemental Authority re #20 Response in Opposition to Motion to Dismiss by Joan Secure (Attachments: #1 Exhibit A) (Hiraldo, Manuel)
May 22, 2018 Filing 27 Notice of Supplemental Authority re #20 Response in Opposition to Motion by Joan Secure (Attachments: #1 Exhibit A - Swaney v. Regions Bank) (Hiraldo, Manuel)
May 22, 2018 Filing 26 REPLY to Response to Motion re #18 MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM [Amended Reply] filed by Ultimate Fitness Group, LLC. (Phillips, J)
May 22, 2018 Opinion or Order Filing 25 ORDER granting #24 Defendant Ultimate Fitness Group, LLC's Motion for Leave to File Amended Reply in Support of Its Motion to Dismiss Plaintiff's First Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Federico A. Moreno on 5/22/2018. (koa)
May 17, 2018 Filing 24 MOTION for Leave to File Amended Reply in Support of Its Motion to Dismiss First Amended Complaint by Ultimate Fitness Group, LLC. (Attachments: #1 Exhibit A)(Phillips, J)
May 14, 2018 Filing 23 Notice of Supplemental Authority re #20 Response in Opposition to Motion to Dismiss by Joan Secure (Attachments: #1 Exhibit A - Reyes v. BCA Financial) (Hiraldo, Manuel)
May 14, 2018 Filing 22 REPLY to Response to Motion re #18 MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Ultimate Fitness Group, LLC. (Phillips, J)
May 12, 2018 Filing 21 Notice of Supplemental Authority re #20 Response in Opposition to Motion to Dismiss by Joan Secure (Attachments: #1 Exhibit A) (Hiraldo, Manuel)
May 7, 2018 Filing 20 RESPONSE in Opposition re #18 MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Joan Secure. Replies due by 5/14/2018. (Hiraldo, Manuel)
May 2, 2018 Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Discovery by Ultimate Fitness Group, LLC. (Phillips, J)
April 23, 2018 Filing 18 MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Ultimate Fitness Group, LLC. Responses due by 5/7/2018 (Phillips, J)
April 20, 2018 Opinion or Order Filing 17 ORDER denying as moot #12 Defendant's Motion to Dismiss. Signed by Judge Federico A. Moreno on 4/19/2018. (koa)
April 19, 2018 Filing 16 Joint SCHEDULING REPORT - Rule 26(f) by Joan Secure (Attachments: #1 Text of Proposed Order (Proposed Scheduling Order))(Hiraldo, Manuel)
April 11, 2018 Opinion or Order Filing 15 ENDORSED ORDER granting #14 Defendant's Unopposed Motion for Enlargement of Time to File a Response to Plaintiff's First Amended Complaint. Defendant shall have until April 23, 2018 to respond to the First Amended Complaint. Signed by Judge Federico A. Moreno on 4/11/2018. (koa) [This is a paperless order].
April 11, 2018 Reset Answer Due Deadline per 15 Order: Ultimate Fitness Group, LLC response due 4/23/2018. (asl)
April 9, 2018 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Amended Complaint by Ultimate Fitness Group, LLC. (Attachments: #1 Text of Proposed Order)(Phillips, J)
April 1, 2018 Filing 13 First AMENDED COMPLAINT against Ultimate Fitness Group, LLC, filed by Joan Secure.(Hiraldo, Manuel)
March 22, 2018 Filing 12 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Ultimate Fitness Group, LLC. Responses due by 4/5/2018 (Phillips, J)
March 1, 2018 Opinion or Order Filing 11 ENDORSED ORDER granting #10 Motion for Extension of Time to File a Response to the Complaint. Signed by Judge Federico A. Moreno on 3/1/2018. (koa) [This is a paperless order].
February 23, 2018 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Ultimate Fitness Group, LLC. (Attachments: #1 Text of Proposed Order)(Phillips, J)
February 23, 2018 Filing 9 Notice of Pending, Refiled, Related or Similar Actions by Ultimate Fitness Group, LLC (Phillips, J)
February 23, 2018 Filing 8 Certificate of Interested Parties/Corporate Disclosure Statement by Ultimate Fitness Group, LLC identifying Corporate Parent Ultimate Fitness Holdings, LLC for Ultimate Fitness Group, LLC (Phillips, J)
February 23, 2018 Filing 7 NOTICE of Attorney Appearance by J Trumon Phillips on behalf of Ultimate Fitness Group, LLC. Attorney J Trumon Phillips added to party Ultimate Fitness Group, LLC(pty:dft). (Phillips, J)
February 23, 2018 Filing 6 NOTICE of Attorney Appearance by Fredrick Howard Lebron McClure on behalf of Ultimate Fitness Group, LLC. Attorney Fredrick Howard Lebron McClure added to party Ultimate Fitness Group, LLC(pty:dft). (McClure, Fredrick)
February 9, 2018 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Joan Secure. Ultimate Fitness Group, LLC served on 2/8/2018, answer due 3/1/2018. (Hiraldo, Manuel)
February 7, 2018 Filing 4 Certificate of Interested Parties by Joan Secure (Hiraldo, Manuel)
February 7, 2018 Filing 3 Summons Issued as to Ultimate Fitness Group, LLC. (ail)
February 7, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William C. Turnoff 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)
February 7, 2018 Filing 1 COMPLAINT against Ultimate Fitness Group, LLC d/b/a Orangetheory Fitness. Filing fees $ 400.00 receipt number 113C-10391445, filed by Joan Secure. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Hiraldo, Manuel)

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Defendant: Ultimate Fitness Group, LLC
Represented By: J Trumon Phillips
Represented By: Fredrick Howard Lebron McClure
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Defendant: Hart Fitness, Inc.
Represented By: Michael Christopher Fasano
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Plaintiff: Joan Secure
Represented By: Manuel Santiago Hiraldo
Represented By: Michael Eisenband
Represented By: Scott Adam Edelsberg
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Plaintiff: Scott A Edelsberg
Represented By: Scott Adam Edelsberg
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