Sohovich v. Monat Global Corp et al
| Dana Sohovich |
| Monat Global Corp, Alcora Corporation and Alcora Group |
| 1:2018cv20624 |
| February 16, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Marcia G Cooke |
| Darrin P Gayles |
| Jonathan Goodman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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| Filing 39 Clerks Notice of Docket Correction re #38 Certificate of Understanding. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case. (mc) |
| Filing 38 CERTIFICATE of Understanding re Electronic Filing in The Southern District of Florida for Shevon D.B. Rockett (NEF sent to Attorney Admissions (ATTYADM)) (mc) |
| Filing 37 MOTION to Withdraw and Substitute Attorney for Plaintiff Dana Sonovich by Dana Sohovich. (Responses due by 8/14/2020) (Attachments: #1 Text of Proposed Order)(mc) |
Filing 36
ENDORSED ORDER administratively closing case in light of the inclusion of this matter in MDL Case No. 18-md-02841-GAYLES. Signed by Judge Darrin P. Gayles on 6/28/2018. (hmo)
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| Filing 35 MDL Tag-Along Case Receipt from Southern District of Florida. Case Number 1:18-cv-20624-DPG with documents 1-32. Re: FLSD MDL Case Number 1:18-md-02841-DPG. (gp) |
| Filing 34 CLERKS NOTICE REASSIGNING CASE. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Judge Marcia G. Cooke no longer assigned to case. Per #33 Transfer Order from the United States Judicial Panel on Multidistrict Litigation. (gp) Modified text on 6/7/2018 (gp). |
| Filing 33 TRANSFER ORDER (TO - dated 6/6/2018) transferring case to the Southern District of Florida re: MDL 2841 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Darrin P. Gayles. (Signed by Sara S. Vance, Chair of the Panel). (gp) |
| Filing 32 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Cristina Pereyra-Alvarez. (Cox, Andrea) |
| Filing 31 Clerks Notice to Filer re #30 Notice of Mediator Selection and/or Hearing. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties/mediator. Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional parties/mediator. (yha) |
| Filing 30 NOTICE of Mediator Selection. Added Alcora Corporation, Monat Global Corp. (Cox, Andrea) |
| Filing 29 REPLY to Response to Motion re #25 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM AND LACK OF STANDING filed by Alcora Corporation, Monat Global Corp. (Cox, Andrea) |
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Filing 28
ORDER REFERRING CASE to Mediation. Mediation Deadline 3/22/2019. Signed by Judge Marcia G. Cooke on 5/7/2018. (im)
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Filing 27
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: Jury Trial set for 7/8/2019 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 7/3/2019 03:00 PM in Miami Division before Judge Marcia G. Cooke. Amended Pleadings due by 10/26/2018. Expert Discovery due by 3/8/2019. Fact Discovery due by 1/25/2019. Joinder of Parties due by 10/26/2018. Daubert and Markman Motions Deadline 3/15/2019. Dispositive Motions due by 2/1/2019. Pretrial Stipulation due by 5/31/2019. Signed by Judge Marcia G. Cooke on 5/7/2018. (im) #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 26 RESPONSE in Opposition re #25 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM AND LACK OF STANDING filed by Dana Sohovich. Replies due by 5/7/2018. (Warden, Adam) |
| Filing 25 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM AND LACK OF STANDING by Alcora Corporation, Monat Global Corp. Responses due by 4/30/2018 (Attachments: #1 Exhibit A: Images from Monat's Website)(Cox, Andrea) |
| Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by Alcora Corporation, Monat Global Corp (Cox, Andrea) |
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Filing 23
ENDORSED ORDER granting in part and denying in part Defendant's #20 Unopposed Motion for Second Enlargement of Time to File Response to Complaint. Defendants shall respond to Plaintiff's #1 Complaint on or before April 16, 2018. Signed by Judge Marcia G. Cooke on 4/10/2018. (ase)
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Filing 22
ENDORSED ORDER denying Defendants' #19 Motion to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation. A district court has broad discretion in determining whether a stay is appropriate. Clinton v. Jones, 520 U.S. 681, 706 (1997). When considering a motion to stay while a motion to consolidate and transfer is pending before the Judicial Panel on Multidistrict Litigation ("MDL Panel"), a court may consider: "(1) potential prejudice to the non-moving party; (2) hardship and inequity to the moving party if the action is not stayed; and (3) the judicial resources that would be saved by avoiding duplicative litigation if the cases are in fact consolidated." Guerrero v. Target Corp., 2012 WL 2054863, at *1 (S.D. Fla. June 7, 2012) (citing Rivers v. Walt Disney Co., 980 F.Supp. 1358, 1360 (C.D.Cal.1997) (citations omitted)). "A stay pending transfer to MDL proceedings is not automatic." Boudin v. ATM Holdings, Inc., 2007 WL 1841066, at *1 (S.D. Ala. June 27, 2007); see also Jozwiak v. Stryker Corp., 2010 WL 147143, at *2 (M.D. Fla. Jan. 11, 2010) ("[A] district judge should not automatically stay discovery, postpone rulings on pending motions, or generally suspend further rulings upon a parties' motion to the MDL Panel for transfer and consolidation.") (internal citations omitted). "Regardless of whether and where the MDL Panel ultimately transfers this action for consolidated and coordinated pretrial proceedings, [Defendants] will need to file answers or responsive pleadings." Barber v. BP, PLC, 2010 WL 2266760, at *2 (S.D. Ala. June 4, 2010); see also Guerrero, 2012 WL 2054863, at *1 ("Defendant must respond to the complaint regardless of whether the case is ultimately transferred to an MDL."). In addition, should Defendants decide to file Rule 12(b) motions, those motions will need to be briefed. See Barber, 2010 WL 2266760, at *2. Entering a stay at this early juncture "would not rescue defendants from material hardship or the risk of inconsistent adjudications," id., and would put this action significantly behind schedule should the MDL panel decide an MDL is not appropriate. Accordingly, Defendant's Motion is DENIED. Signed by Judge Marcia G. Cooke on 4/10/2018. (ase)
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| Filing 21 Clerks Notice to Filer re #20 Unopposed MOTION for Extension of Time to Respond to Complaint . 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. AND Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 20 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Alcora Corporation, Monat Global Corp. Responses due by 4/20/2018 (Attachments: #1 Exhibit Motion for Consolidation, #2 Exhibit Proposed Order)(Cox, Andrea) Modified Relief/Link on 4/9/2018 (ls). |
| Filing 19 Defendant's MOTION to Stay Proceedings Pending a Decision by the JPML by Alcora Corporation, Monat Global Corp. Responses due by 4/20/2018 (Attachments: #1 Exhibit Motion for Consolidation, #2 Exhibit Schedule of Actions, #3 Exhibit JPML Order, #4 Exhibit Proposed Order)(Cox, Andrea) |
| Filing 18 Corporate Disclosure Statement by Alcora Corporation, Monat Global Corp (Cox, Andrea) |
| Filing 17 NOTICE by Alcora Corporation, Monat Global Corp Notice of Appearance. Attorney Jeffrey Brian Shapiro added to party Alcora Corporation(pty:dft), Attorney Jeffrey Brian Shapiro added to party Monat Global Corp(pty:dft). (Shapiro, Jeffrey) |
| Set/Reset Answer Due Deadline per Order DE# 16 : Alcora Corporation response due 4/6/2018; Monat Global Corp response due 4/6/2018. (lh) |
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Filing 16
ENDORSED ORDER granting in part and denying in part Defendant's #15 Motion for Extension of Time. Defendant shall respond to Plaintiff's #1 Complaint on or before April 6, 2018. Signed by Judge Marcia G. Cooke on 3/20/2018. (ase)
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| Filing 15 Unopposed MOTION for Extension of Time to respond to Complaint by Alcora Corporation, Monat Global Corp. Responses due by 4/3/2018 (Attachments: #1 Exhibit Proposed Order)(Cox, Andrea) |
| Filing 14 NOTICE of Attorney Appearance by Andrea Cox on behalf of Alcora Corporation, Monat Global Corp. Attorney Andrea Cox added to party Alcora Corporation(pty:dft), Attorney Andrea Cox added to party Monat Global Corp(pty:dft). (Cox, Andrea) |
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Filing 13
ENDORSED ORDER granting #12 the Motion to Appear Pro Hac Vice and permitting Jessica J. Sleater to appear and participate in this action on behalf of Plaintiff Dana Sohovich. The Clerk is required to provide electronic notification of all electronic filings to Jessica J. Sleater, at jessica@andersensleater.com. Signed by Magistrate Judge Jonathan Goodman on 3/15/2018. (jf00)
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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 Jessica J. Sleater. Filing Fee $ 75.00 Receipt # 113C-10485106 by Dana Sohovich. Responses due by 3/28/2018 (Warden, Adam) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Dana Sohovich. Monat Global Corp served on 2/27/2018, answer due 3/20/2018. (Warden, Adam) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline by Dana Sohovich. Alcora Corporation served on 2/27/2018, answer due 3/20/2018. (Warden, Adam) |
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Filing 9
ORDER EXPEDITING SERVICE, (Expedited Service Deadline 5/1/2018.) Signed by Judge Marcia G. Cooke on 3/2/2018. (tm)
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| Filing 8 Notice of Court Practice re Joint Motions Signed by Judge Marcia G. Cooke on 3/2/2018. (tm) |
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Filing 7
Order Requiring Joint Scheduling Report Signed by Judge Marcia G. Cooke on 3/2/2018. (tm)
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters. Signed by Judge Marcia G. Cooke on 3/2/2018. (tm)
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| Filing 5 Clerks Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (lrz1) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (lrz1) |
| Filing 3 Summons Issued as to Alcora Corporation, Monat Global Corp. (lrz1) |
| 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. (lrz1) |
| Filing 1 COMPLAINT against Alcora Corporation, Monat Global Corp. Filing fees $ 400.00 receipt number 113C-10420063, filed by Dana Sohovich. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Warden, Adam) |
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