Benihana National Corp. et al v. Shlemon et al
| Benihana, Inc. and Benihana National Corp. |
| Steven Shlemon and Michael Johnson |
| 1:2018cv22954 |
| July 20, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| Darrin P Gayles |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 17, 2018. A more recent docket listing may be available from PACER.
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| Filing 39 RESPONSE in Opposition re #36 MOTION to Compel Deposition of Thomas Baldwin or alternatively, continue preliminary injunction hearing filed by Benihana National Corp., Benihana, Inc.. Replies due by 9/24/2018. (Ponce, Ingrid) |
| Filing 38 Telephonic Status Conference set for 9/18/2018 at 01:15 PM in Miami Division before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (lfn) |
| Filing 37 NOTICE by Benihana National Corp., Benihana, Inc. re #36 MOTION to Compel Deposition of Thomas Baldwin or alternatively, continue preliminary injunction hearing Notice of Intent to File Response (Ponce, Ingrid) |
| Filing 36 MOTION to Compel Deposition of Thomas Baldwin or alternatively, continue preliminary injunction hearing by Michael Johnson, Steven Shlemon. Responses due by 10/1/2018 (Johnson, Kevin) |
| Filing 35 Plaintiff's MOTION for Protective Order by Benihana National Corp., Benihana, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit (Composite) D, #5 Exhibit E)(Ponce, Ingrid) |
| Filing 34 REPLY to Response to Motion re #9 Plaintiff's MOTION for Preliminary Injunction Sur-reply in opposition to Plaintiff's reply in support of motion for preliminary injunction filed by Michael Johnson, Steven Shlemon. (Attachments: #1 Affidavit Declaration of Steven Shlemon)(Johnson, Kevin) |
Filing 33
PAPERLESS ORDER granting #31 PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY AND INCORPORATED MEMORANDUM OF LAW. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 32 NOTICE by Benihana National Corp., Benihana, Inc. re #31 Plaintiff's MOTION to Expedite Discovery Plaintiffs' Notice of Non-Objection by Non-Party (Ponce, Ingrid) |
| Filing 31 Plaintiff's MOTION to Expedite Discovery by Benihana National Corp., Benihana, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ponce, Ingrid) |
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Filing 30
PAPERLESS ORDER granting #28 DEFENDANTS STEVEN SHLEMON'S AND MICHAELJOHNSON'S MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION AND INCORPORATED MEMORANDUM OF LAW. Defendants' Sur-Reply may contain no more than five pages. Replies due by 9/18/2018. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 29 Plaintiff's MOTION to Strike #21 Answer to Complaint Affirmative Defenses filed by Defendant Steven Shlemon by Benihana National Corp., Benihana, Inc.. Responses due by 9/24/2018 (Ponce, Ingrid) |
| Filing 28 First MOTION for Leave to File Defendants' Sur-Reply in Opposition to Plaintiff's Reply in Support of Motion for Preliminary Injunction by Michael Johnson, Steven Shlemon. (Johnson, Kevin) |
| Filing 27 REPLY to Response to Motion re #22 MOTION to Dismiss #1 Complaint, for Improper Venue, and Alternatively, to Sever and Transfer Venue filed by Michael Johnson. (Johnson, Kevin) |
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Filing 26
PAPERLESS ORDER Setting Hearing on Motion #9 Plaintiff's MOTION for Preliminary Injunction : Motion Hearing set for 9/24/2018 10:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles (lfn)
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| Filing 25 REPLY to Response to Motion re #9 Plaintiff's MOTION for Preliminary Injunction filed by Benihana National Corp., Benihana, Inc.. (Attachments: #1 Exhibit A - Declaration of Robert G. Lian, Jr.)(Ponce, Ingrid) |
| Filing 24 RESPONSE in Opposition re #22 MOTION to Dismiss #1 Complaint, for Improper Venue, and Alternatively, to Sever and Transfer Venue and, Alternatively, to Sever and Transfer Venue, and Incorporated Memorandum of Law filed by Benihana National Corp., Benihana, Inc.. Replies due by 9/7/2018. (Attachments: #1 Exhibit A - Declaration of Ida Montoya)(Ponce, Ingrid) |
| Filing 23 RESPONSE in Opposition re #9 Plaintiff's MOTION for Preliminary Injunction filed by Michael Johnson, Steven Shlemon. Replies due by 9/4/2018. (Attachments: #1 Affidavit Declaration of Steven Shlemo, #2 Affidavit Declaration of Michael Johnson, #3 Exhibit B-1 to Johnson Declaration, #4 Exhibit B-2 to Johnson Declaration, #5 Exhibit B-3 to Johnson Declaration, #6 Exhibit B-4 to Johnson Declaration, #7 Declaration of Douglas Roses)(Johnson, Kevin) |
| Filing 22 MOTION to Dismiss #1 Complaint, for Improper Venue, and Alternatively, to Sever and Transfer Venue by Michael Johnson. Responses due by 9/4/2018 (Attachments: #1 Exhibit 1)(Johnson, Kevin) |
| Filing 21 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Steven Shlemon. (Johnson, Kevin) |
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Filing 20
PAPERLESS ORDER granting #19 Defendants' Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction. Defendants shall file their response by August 27, 2018. Signed by Judge Darrin P. Gayles on 8/17/2018. (lh00)
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| Filing 19 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #9 Plaintiff's MOTION for Preliminary Injunction by Michael Johnson, Steven Shlemon. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time to Respond to Preliminary Injunction)(Johnson, Kevin) |
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Filing 18
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Christian A. Orozco is permitted to appear before this Court on behalf of Defendants for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Christian A. Orozco at corozco@lynnllp.com. Signed by Judge Darrin P. Gayles on 8/16/2018. (lh00)
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Filing 17
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. John T. Cox is permitted to appear before this Court on behalf of Defendants for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to John T. Cox at tcox@lynnllp.com. Signed by Judge Darrin P. Gayles on 8/16/2018. (lh00)
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Filing 16
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Alan Dabdoub is permitted to appear before this Court on behalf of Defendants for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Alan Dabdoub at adabdoub@lynnllp.com. Signed by Judge Darrin P. Gayles on 8/16/2018. (lh00)
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| Filing 15 ACKNOWLEDGMENT OF SERVICE Acceptance of Service filed by Benihana National Corp., Benihana, Inc.., WAIVER OF SERVICE Returned Executed by Benihana National Corp., Benihana, Inc.. All Defendants. (Ponce, Ingrid) |
| Filing 14 NOTICE of Attorney Appearance by Kevin David Johnson on behalf of Michael Johnson, Steven Shlemon (Johnson, Kevin) |
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christian A. Orozco. Filing Fee $ 75.00 Receipt # 113C-10905507 by Michael Johnson, Steven Shlemon. Responses due by 8/28/2018 (Johnson, Kevin) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John T. Cox. Filing Fee $ 75.00 Receipt # 113C-10905493 by Michael Johnson, Steven Shlemon. Responses due by 8/28/2018 (Johnson, Kevin) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alan Dabdoub. Filing Fee $ 75.00 Receipt # 113C-10905452 by Michael Johnson, Steven Shlemon. Attorney Kevin David Johnson added to party Michael Johnson(pty:dft), Attorney Kevin David Johnson added to party Steven Shlemon(pty:dft). Responses due by 8/28/2018 (Johnson, Kevin) |
| Filing 10 Corporate Disclosure Statement by Benihana National Corp., Benihana, Inc. (Ponce, Ingrid) |
| Filing 9 Plaintiff's MOTION for Preliminary Injunction by Benihana National Corp., Benihana, Inc.. (Attachments: #1 Exhibit Declaration of Sandra Cintado, #2 Exhibit Declaration of Miki Morishita, #3 Exhibit Declaration of Courtney L. Stahl, #4 Exhibit Declaration of Tim Wetzel, #5 Text of Proposed Order)(Ponce, Ingrid) |
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Filing 8
PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Robert G. Lian, Jr., Esq., is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Robert Lian, Jr., Esq. at blian@akingump.com. Signed by Judge Darrin P. Gayles on 7/30/2018. (lh00)
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Filing 7
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Courtney L. Stahl, Esq., is permitted to appear before this Court on behalf of Plaintiffs for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Courtney L. Stahl, Esq. at cstahl@akingump.com. Signed by Judge Darrin P. Gayles on 7/30/2018. (lh00)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert Lian. Filing Fee $ 75.00 Receipt # 113C-10853034 by Benihana National Corp., Benihana, Inc.. Responses due by 8/9/2018 (Attachments: #1 Certification of Robert Lian, #2 Text of Proposed Order)(Ponce, Ingrid) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Courtney Stahl. Filing Fee $ 75.00 Receipt # 113C-10853002 by Benihana National Corp., Benihana, Inc.. Responses due by 8/9/2018 (Attachments: #1 Certification of Courtney Stahl, #2 Text of Proposed Order)(Ponce, Ingrid) |
| Filing 4 PAPERLESS NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions including, but not limited to, the dismissal of this action or entry of default. Signed by Judge Darrin P. Gayles on 7/23/2018. (lh00) |
| Filing 3 Summons Issued as to Michael Johnson, Steven Shlemon. (yha) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (yha) |
| Filing 1 COMPLAINT against Michael Johnson, Steven Shlemon. Filing fees $ 400.00 receipt number 113C-10838514, filed by Benihana National Corp., Benihana, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Ponce, Ingrid) |
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