Wiener v. Vignes et al
| Jay Wiener |
| KAR Auction Services, Inc., Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, David Vignes and High Tech National LLC a limited liability company doing business as High Tech Locksmiths |
| 1:2019cv23884 |
| September 17, 2019 |
| US District Court for the Southern District of Florida |
| Ursula Ungaro |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Southern District of Indiana as case 1:19-cv-04760, filed 12/04/2019. (bb) |
| Filing 36 NOTICE of Voluntary Dismissal WITHOUT PREJUDICE by Jay Wiener (Attachments: #1 Exhibit A: Order from So. District of Indiana Granting Joint Motion to Transfer) (Samuels, Leonard) |
Filing 35
ORDER granting in part and denying in part #12 Motion to Dismiss. Clerk of Court is DIRECTED TO TRANSFER this action the United States District Court for the Southern District of Indiana. Closing Case. Signed by Judge Ursula Ungaro on 12/3/2019. See attached document for full details. (pes)
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| SYSTEM ENTRY - Case 1:19-cv-23884 electronically transferred out to Indiana Southern. (pes) |
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Filing 34
ORDER STRIKING #32 Notice (Other), filed by Jay Wiener Signed by Judge Ursula Ungaro on 12/2/2019. See attached document for full details. (drz)
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| Filing 33 NOTICE by Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc., David Vignes re #32 Notice (Other), Response to Plaintiffs Notice of Filing Supplemental Authority (McElroy, Dana) |
| Filing 32 STRICKEN PER ORDER DE#34 -NOTICE by Jay Wiener re #26 Response in Opposition to Motion,, NOTICE OF FILING SUPPLEMENTAL AUTHORITY IN SUPPORT OF OPPOSITION TO DEFENDANTS' MOTION TO DISMISS, TRANSFER OR STAY (Attachments: #1 Exhibit A: 11/26/2019 Order GRANTING Defendants' Joint Motion to Transfer entered in the USDC, Southern District of Indiana, Case No. 19-cv-02489-SEB-MJD) (Samuels, Leonard) Modified on 12/3/2019 (drz). |
| Filing 31 Joint SCHEDULING REPORT - Rule 26(f) by Jay Wiener (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(Samuels, Leonard) |
| Filing 30 NOTICE by Jay Wiener Notice of Filing Hearing Transcript (Attachments: #1 Exhibit A: Hearing Transcript, 10-31-19 in Miami Dade Case No.16-27472-) (Samuels, Leonard) |
| Filing 29 REPLY to Response to Motion re #17 MOTION to Stay Defendants' Motion and Supporting Memorandum of to Stay Discovery Pending Ruling on their Motion to Dismiss, Transfer, or Stay / DEFENDANTS' REPLY IN SUPPORT OF MOTION TO STAY DISCOVERY PENDING RULING ON THEIR MOTION TO DISMISS, TRANSFER, OR STAY filed by Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc., David Vignes. (McElroy, Dana) |
| Filing 28 REPLY to Response to Motion re #12 MOTION to Dismiss #1 Complaint, DEFENDANTS' MOTION AND MEMORANDUM IN SUPPORT OF DISMISSAL, TRANSFER, OR STAY BASED IN PART ON FIRST TO FILE RULE DEFENDANTS' REPLY IN SUPPORT OF DISMISSAL, TRANSFER, OR STAY filed by Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc., David Vignes. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B)(McElroy, Dana) |
| Filing 27 RESPONSE in Opposition re #17 MOTION to Stay Defendants' Motion and Supporting Memorandum of to Stay Discovery Pending Ruling on their Motion to Dismiss, Transfer, or Stay filed by Jay Wiener. Replies due by 11/6/2019. (Samuels, Leonard) |
| Filing 26 RESPONSE in Opposition re #12 MOTION to Dismiss #1 Complaint, DEFENDANTS' MOTION AND MEMORANDUM IN SUPPORT OF DISMISSAL, TRANSFER, OR STAY BASED IN PART ON FIRST TO FILE RULE filed by Jay Wiener. Replies due by 11/5/2019. (Attachments: #1 Exhibit A - Declaration of J. Wiener, #2 Exhibit B - Declaration of R. Fieler, #3 Exhibit C - Declaration of K. Garbez, #4 Exhibit D - Declaration of D. Vignes, #5 Exhibit E - Comparison of Court Dockets)(Samuels, Leonard) |
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Filing 25
ORDER granting in part #24 Motion for Extension of Time to File Response/Reply to Motion. Re: #17 MOTION to Stay Defendants' Motion and Supporting Memorandum of to Stay Discovery Pending Ruling on their Motion to Dismiss, Transfer, or Stay filed by Automotive Key Controls, LLC, KAR Auction Services, Inc., David Vignes, High Tech National LLC, Adesa, Inc.. Responses due by 11/4/2019 Signed by Judge Ursula Ungaro on 10/28/2019. See attached document for full details. (drz)
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| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #17 MOTION to Stay Defendants' Motion and Supporting Memorandum of to Stay Discovery Pending Ruling on their Motion to Dismiss, Transfer, or Stay by Jay Wiener. (Samuels, Leonard) |
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Filing 23
ORDER re #9 Response to Order to Show Cause, filed by Jay Wiener Signed by Judge Ursula Ungaro on 10/21/2019. See attached document for full details. (drz)
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| Filing 22 NOTICE of Compliance with Order (D.E. 7) by Jay Wiener re #7 Scheduling Order, (Attachments: #1 Exhibit A: Proofs of FedEx Deliveries, #2 Exhibit B - Email from M. Curtis, Esq. to Defendants' Counsel) (Samuels, Leonard) |
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Filing 21
ORDER SETTING THE INITIAL PLANNING AND SCHEDULING CONFERENCE: Joint Scheduling Report due by 11/15/2019 Scheduling Conference set for 12/6/2019 10:30 AM before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 10/18/2019. See attached document for full details. (drz)
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Filing 18
ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Blaine C. Kimrey. Signed by Judge Ursula Ungaro on 10/16/2019. See attached document for full details. (drz)
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Filing 20
ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jonathon P. Reinisch. Signed by Judge Ursula Ungaro on 10/16/2019. See attached document for full details. (drz)
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Filing 19
ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Bryan K. Clark. Signed by Judge Ursula Ungaro on 10/16/2019. See attached document for full details. (drz)
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| Filing 17 MOTION to Stay Defendants' Motion and Supporting Memorandum of to Stay Discovery Pending Ruling on their Motion to Dismiss, Transfer, or Stay by Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc., David Vignes. Responses due by 10/30/2019 (McElroy, Dana) |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathon Reinisch. Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Filing Fee $ 75.00 Receipt # 113C-12068941 by Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc.. Responses due by 10/30/2019 (Attachments: #1 Text of Proposed Order)(McElroy, Dana) |
| Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bryan Clark. Motion to Appear Pro Hac Vice Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Filing Fee $ 75.00 Receipt # 113C-12068891 by Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc.. Responses due by 10/30/2019 (Attachments: #1 Text of Proposed Order)(McElroy, Dana) |
| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Blaine Kimrey. Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Filing Fee $ 75.00 Receipt # 113C-12068864 by Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc.. Responses due by 10/30/2019 (Attachments: #1 Text of Proposed Order)(McElroy, Dana) |
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Filing 13
ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Casie D. Collignon. Signed by Judge Ursula Ungaro on 10/16/2019. See attached document for full details. (drz)
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| Filing 12 MOTION to Dismiss #1 Complaint, DEFENDANTS' MOTION AND MEMORANDUM IN SUPPORT OF DISMISSAL, TRANSFER, OR STAY BASED IN PART ON FIRST TO FILE RULE by Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc., David Vignes. Attorney Dana Jane McElroy added to party Adesa, Inc.(pty:dft), Attorney Dana Jane McElroy added to party Automotive Key Controls, LLC(pty:dft), Attorney Dana Jane McElroy added to party High Tech National LLC(pty:dft), Attorney Dana Jane McElroy added to party KAR Auction Services, Inc.(pty:dft). Responses due by 10/29/2019 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(McElroy, Dana) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Casie D. Collignon. Filing Fee $ 75.00 Receipt # 113C-12066016 by David Vignes. Responses due by 10/29/2019 (Attachments: #1 Text of Proposed Order)(Ackerbaum Cox, Joyce) |
| Filing 10 NOTICE of Attorney Appearance by Joyce Ackerbaum Cox on behalf of David Vignes. Attorney Joyce Ackerbaum Cox added to party David Vignes(pty:dft). (Ackerbaum Cox, Joyce) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re #8 Order to Show Cause by Jay Wiener. (Attachments: #1 Exhibit A - Return of Service re HTL, #2 Exhibit B - Return of Service re AKC, #3 Exhibit C - Return of Service re KAR, #4 Exhibit D - Return of Service re Adesa, #5 Exhibit E - USPS Certified Mail Return Receipt re David Vignes, #6 Exhibit F - Return of no service re David Vignes, #7 Exhibit G - email from counsel, #8 Exhibit H - email from counsel)(Samuels, Leonard) |
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Filing 8
ORDER TO SHOW CAUSE. Show Cause Response due by 10/15/2019. Signed by Judge Ursula Ungaro on 10/8/2019. See attached document for full details. (drz)
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Filing 7
ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE: Joint Scheduling Report due by 11/1/2019 Scheduling Conference set for 11/15/2019 10:00 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 9/30/2019. See attached document for full details. (drz)
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Filing 6
ORDER denying #5 Motion to Consolidate Cases. Signed by Judge Ursula Ungaro on 9/26/2019. See attached document for full details. (drz)
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| Filing 5 Plaintiff's MOTION to Consolidate Cases PLAINTIFF'S MOTION TO TRANSFER AND CONSOLIDATE CASE by Jay Wiener. Responses due by 10/7/2019 (Samuels, Leonard) |
| Filing 4 Notice of Pending, Refiled, Related or Similar Actions by Jay Wiener (Samuels, Leonard) |
| Filing 3 Summons Issued as to Adesa, Inc., Automotive Key Controls, LLC, High Tech National LLC, KAR Auction Services, Inc., David Vignes. (amb) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. (amb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11991909, filed by Jay Wiener. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) proposed summonses, #3 Exhibit Exh. A: 2013 Agreement, #4 Exhibit Exh. B: 2015 Agreement, #5 Exhibit Exh. C: Lease)(Samuels, Leonard) |
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