Mezey v. Twitter, Inc.
| Barry Mezey |
| Twitter, Inc. |
| 1:2018cv21069 |
| March 21, 2018 |
| U.S. District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| K Michael Moore |
| Andrea M Simonton |
| Civil Rights: Other |
| 28 U.S.C. § 1442 |
| None |
Docket Report
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This docket was last retrieved on July 19, 2018. A more recent docket listing may be available from PACER.
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Filing 37
ORDER granting #17 Motion to Dismiss for Failure to State a Claim. Closing Case. Signed by Chief Judge K. Michael Moore on 7/19/2018. See attached document for full details. (cce)
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Filing 36
PAPERLESS ORDER. THIS CAUSE is before the Court on Plaintiff Barry Mezey's pro se Motion to Remove Defense Counsel Due to Conflict of Interest #34 . Plaintiff argues that there is a conflict of interest because defense counsel has allegedly defended other entities in previous actions brought by Plaintiff. Plaintiff has not, however, identified a conflict of interest as defined in Rule 1.7 of the Model Rules of Professional Conduct. Consequently, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is DENIED. Signed by Chief Judge K. Michael Moore on 7/19/2018. (cce)
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| Filing 35 NOTICE by Twitter, Inc. re #34 Motion Remove Defense Counsel due to Conflict of Interest by Counsel Law Firm (Campellone, Jamey) |
| Filing 34 MOTION Remove Defense Counsel due to Conflict of Interest by Counsel Law Firm by Barry Mezey. Event Type Modified on 6/18/2018 (mee). |
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Filing 33
PAPERLESS ORDER. THIS CAUSE is before the Court on Defendant's Motion to Stay Pending Ruling on the Motion to Dismiss #32 . UPON CONSIDERATION of the Motion #32 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #32 is GRANTED. Signed by Chief Judge K. Michael Moore on 5/29/2018. (cce)
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| Filing 32 Defendant's MOTION to Stay by Twitter, Inc.. Responses due by 6/8/2018 (Krimsky, Beth-Ann) |
| Filing 31 NOTICE by Twitter, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Krimsky, Beth-Ann) |
| Filing 30 NOTICE of Mediator Selection and Hearing. Added David H. Lichter. Mediation Hearing set for 7/9/2018 at 10:00 a.m.. (Krimsky, Beth-Ann) |
| Filing 29 Clerks Notice to Filer re #28 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. (rms1) |
| Filing 28 NOTICE of Mediator Selection. Added Twitter, Inc.. (Krimsky, Beth-Ann) |
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Filing 27
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning October 15, 2018, at 9 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. A place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 4/18/2018. (cce)
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Filing 26
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of October 15, 2018, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on October 11, 2018, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for October 2, 2018, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A NOTICE OF UNAVAILABILITY BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 4/18/2018. (cce) #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 25
PAPERLESS ORDER. THIS CAUSE is before the Court upon Plaintiff's Motion for Extension of Time #20 , wherein Plaintiff requests "an extension of time until the end of 2019." Plaintiff, pro se, does not specify the deadline(s) that he would like the Court to extend. Liberally construing Plaintiff's request, the Court concludes that Plaintiff seeks an extension of two deadlines: the April 16, 2018 deadline for filing an individual scheduling report and the April 26, 2018 deadline to respond to Defendant's Motion to Dismiss. First, the Court declines to extend the April 16, 2018 deadline for filing an individual scheduling report. This deadline has passed and the Court warned Plaintiff that failure to timely file an individual scheduling report would result in sanctions. Here, the Court determines that, given Plaintiff's failure to timely file an individual scheduling report, the Court will rely on only Defendant's timely filed scheduling report. Second, concerning the April 26, 2018 response deadline, the Court concludes that "an extension of time until the end of 2019" is excessive and prejudicial to Defendant. Consequently, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is DENIED. Signed by Chief Judge K. Michael Moore on 4/18/2018. (cce)
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| Filing 24 Letter from Barry Mezey (rms1) |
| Filing 23 Defendant's SCHEDULING REPORT - Rule 16.1 by Twitter, Inc. (Attachments: #1 Text of Proposed Order)(Krimsky, Beth-Ann) |
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Filing 22
ORDER Granting #14 Defendant Twitter, Inc.'s Emergency Motion for Protective Order. Signed by Ch. Magistrate Judge Andrea M. Simonton on 4/16/2017. (par)
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| Filing 21 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Andrea M. Simonton: Telephonic Status Conference held on 4/16/2018. Telephonic Attorney Appearance(s): Beth-Ann Ellenberg Krimsky, Jamey Robert Campellone. Pro Se Plaintiff Barry Mezey, telephonically appeared at this hearing. Written order to follow. (Digital 11:35:31 - 12:08:46) (aw) |
| Filing 20 MOTION for Extension of Time to File Response as to #17 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Barry Mezey. (rms1) |
| Filing 19 DOCKET ENTRY ORDER Setting Telephonic Status Conference for Monday, April 16, 2018 at 11:30 am before Ch. Magistrate Judge Andrea M. Simonton. At the specified time, Plaintiff and Defendants Counsel shall call 1-888-684-8852, enter access code number 3513884 followed by the # sign, and enter security code number 5930 followed by the # sign. Signed by Ch. Magistrate Judge Andrea M. Simonton on 4/16/2018. (par) |
| Filing 18 DOCKET ENTRY ORDER Setting Hearing on #14 Defendant Twitter, Inc.'s Emergency Motion for Protective Order for Thursday, April 19, 2018 at 9:00 AM before Ch. Magistrate Judge Andrea M. Simonton in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Courthouse, 99 N.E. 4th Street, Miami, Florida, 33132. Failure to attend the hearing may result in the imposition of sanctions without further notice by the Court. Signed by Ch. Magistrate Judge Andrea M. Simonton on 4/13/2018. (par) |
| Filing 17 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Twitter, Inc.. Responses due by 4/26/2018 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Krimsky, Beth-Ann) |
| Set Deadlines Per DE#15 - Scheduling Report due by 4/16/2018 (cqs) |
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Filing 16
PAPERLESS ORDER REFERRING Emergency Motion for Protective Order #14 . PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is referred to Magistrate Judge Andrea M. Simonton to take all necessary and appropriate action with respect to Defendant's Emergency Motion for Protective Order #14 . Signed by Chief Judge K. Michael Moore on 4/11/2018. (cce)
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Filing 15
PAPERLESS ORDER. THIS CAUSE is before the Court on Defendant's Emergency Motion for Protective Order #14 . Defendant states that Plaintiff has threatened Defendant's counsel with physical violence and requests that the Court issue a protective order and allow the Parties to submit individual scheduling reports without conferring in light of Plaintiff's alleged threatening behavior. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, the Motion is hereby GRANTED IN PART as to Defendant's request to file individual scheduling reports. Plaintiff and Defendant shall file their individual scheduling reports on or before April 16, 2018. The Parties are warned that failure to file their respective individual scheduling reports will result in dismissal or sanctions, without further warning, depending on which party fails to comply with this requirement. Signed by Chief Judge K. Michael Moore on 4/11/2018. (cce)
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| Filing 14 Defendant's EMERGENCY MOTION with Certification of Emergency attached by Twitter, Inc.. Responses due by 4/24/2018 (Attachments: #1 Exhibit A Certification of Emergency, #2 Exhibit B Declaration, #3 Exhibit C Declaration, #4 Exhibit D Declaration, #5 Text of Proposed Order)(Krimsky, Beth-Ann) |
| Filing 13 AMENDED COMPLAINT against Twitter, Inc., filed by Barry Mezey.(rms1) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings #11 . UPON CONSIDERATION of the Motion #11 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #11 is GRANTED. Julie Schwartz may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jschwartz@perkinscoie.com. Signed by Chief Judge K. Michael Moore on 3/26/2018. (cce)
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| Filing 11 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Julie Schwartz. Filing Fee $ 75.00 Receipt # 113C-10512360 by Twitter, Inc.. Responses due by 4/6/2018 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Krimsky, Beth-Ann) |
| Filing 10 NOTICE of Compliance by Twitter, Inc. re 7 Pretrial Order,,,,,,,,,,,,,,, (Krimsky, Beth-Ann) |
| Reset Deadlines/Hearings Twitter, Inc. answer due 4/12/2018 Per DE#9. (cqs) |
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Extension of Time to Respond to Complaint #6 . UPON CONSIDERATION of the Motion #6 , the pertinent portions of the record, and being otherwise fully advised in the premises, the Motion #6 is hereby GRANTED. Defendant shall file a response on or before April 12, 2018. Signed by Chief Judge K. Michael Moore on 3/22/2018. (cce)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 3/22/2018. (cce)
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Filing 7
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 3/22/2018. (cce)
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| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Twitter, Inc.. (Attachments: #1 Text of Proposed Order Agreed Proposed Order)(Krimsky, Beth-Ann) |
| Filing 5 Certificate of Interested Parties/Corporate Disclosure Statement by Twitter, Inc. (Krimsky, Beth-Ann) |
| Filing 4 Clerks Notice re 3 Clerks Notice to Filer re: Electronic Case. Correction Attorney confirmed State Court Complaint is attached to DE #1 Exhibit 1 and 2. (pes) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. State Court Records/Complaint not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton 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. (jas) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Statement of Claim) Filing fee $ 400.00 receipt number 113C-10502426, filed by Twitter, Inc.. (Attachments: #1 Exhibit Statement of Claim and Notice to Appear for Pretrial Conference, #2 Exhibit Service of Process Transmittal, #3 Exhibit Notice of Filing Notice of Removal, #4 Civil Cover Sheet)(Krimsky, Beth-Ann) |
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| Defendant: Twitter, Inc. | |
| Represented By: | Beth-Ann Ellenberg Krimsky |
| Represented By: | Jamey Robert Campellone |
| Represented By: | Julie Schwartz |
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| Plaintiff: Barry Mezey | |
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