Pet Parade, Inc. v. Wenig Holdings, LLC
Plaintiff: Pet Parade, Inc.
Defendant: Wenig Holdings, LLC
Case Number: 1:2020cv20220
Filed: January 17, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: K Michael Moore
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 11, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 11, 2020 Set/Reset Deadlines/Hearings as per DE 13 : Discovery due by 7/24/2020. Dispositive Motions due by 7/24/2020. (lk)
March 11, 2020 Opinion or Order Filing 13 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Extension of Time to Submit a Final Default Judgment and to Conduct Class Certification and Damages Related Discovery. #12 . On January 17, 2020, Plaintiff filed a Complaint on behalf of itself and all others similarly situated, alleging a claim pursuant to the Telephone Consumer Protection Act, 47 U.S.C. 227. #1 . Because Defendant failed to respond to the Complaint, on March 6, 2020, the Clerk of the Court entered Clerk's Entry of Default against Defendant. 11 . On March 6, 2020, the Court entered a Notice of Court Practice Upon Entry of Default requiring Plaintiff to file a Motion for Default Judgment within twenty (20) days. Now, Plaintiff requests that the Court (1) extend the deadline to file a Motion for Default Judgment by one-hundred and twenty (120) days; (2) reserve jurisdiction on the issue of damages and to otherwise reserve ruling on a final damages determination; (3) grant Plaintiff leave to conduct class certification and damage related discovery; and (4) permit Plaintiff to seek a default judgment, both as an individual Plaintiff and on behalf of the putative class, upon the completion of the class certification and damages discovery. #12 . Plaintiff argues that without proper discovery, Plaintiff will be unable to satisfy the requirements of Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure. Id. Plaintiff further argues that it has been prevented from conducting discovery by Defendant's refusal to respond to the Complaint or otherwise participate in this litigation, and that it would be inequitable and unfairly prejudicial for Defendant to escape liability by refusing to participate in this litigation. Id. A court may only certify a class action if the court is satisfied, after a rigorous analysis, that the prerequisites of Rule 23 of the Federal Rule of Civil Procedure have been met. Gilchrist v. Bolger, 733 F.2d 1551, 1555 (11th Cir. 1984). The plaintiff who seeks to certify the suit as a class action bears the burden of establishing the requirements. Heaven v. Tr. Co. Bank, 118 F.3d 735, 737 (11th Cir. 1997) (citing Gilchrist, 733 F.2d at 1556); see also Whitaker v. Bennet Law, PLLC, Case No. 13-cv-3145-L NLS, 2014 WL 5454398, at *3 (S.D. Cal. Oct. 27, 2014) (stating that the default judgment does not alter the Courts analysis for class certification). Thus, although Defendant has failed to respond to the Complaint or otherwise participate in this litigation and a Clerk's Entry of Default has been entered against Defendant, Plaintiff must still establish the prerequisites of Rule 23 of the Federal Rules of Civil Procedure in order for the Court to certify a class action. It would be unjust to prevent Plaintiff from attempting to demonstrate the elements for certification of a class without the benefit of discovery, due to Defendant's failure to participate in this case. It is clear from Plaintiff's Motion that Plaintiff believes there is a strong likelihood that it will meet the requirements to certify a class upon completion of discovery. Therefore, the Court finds good cause to grant Plaintiff the requested relief. See Turner v. Coyote's on the Boulevard, Inc., Case No. 08-61072-CIV, 2009 WL 10667068, at *2 (S.D. Fla. June 12, 2009). Accordingly, 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 #12 is GRANTED. Plaintiff shall file a Motion for Default Judgment on or before July 24, 2020. It is further ORDERED AND ADJUDGED that Plaintiff is granted leave to conduct class certification and damages related discovery and shall complete said discovery on or before July 24, 2020. Signed by Chief Judge K. Michael Moore on 3/11/2020. (mh01)
March 9, 2020 Filing 12 Plaintiff's MOTION for Extension of Time to Submit A Final Default Judgement and to Conduct Class Certification and Damages Related Discovery re 11 Order,,,, by Pet Parade, Inc.. Responses due by 3/23/2020 (Attachments: #1 Text of Proposed Order)(Eggnatz, Joshua)
March 6, 2020 Opinion or Order Filing 11 PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default against Defendant Wenig Holdings, LLC. #10 . Plaintiff is instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or this case will be dismissed against Defendant Wenig Holdings, LLC and the Court will be divested of jurisdiction to enforce any judgment against Defendant Wenig Holdings, LLC. Plaintiff's Motion should include what Counts from the Complaint that Plaintiff alleges against the defaulting Defendant, and affidavits detailing corresponding damages. "Damages may be awarded only if the record adequately reflects the basis for award via... 'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiff must also submit appropriate proposed orders so as to conform its submission to the Southern District of Florida Local Rules. Signed by Chief Judge K. Michael Moore on 3/6/2020. (mh01)
March 6, 2020 Filing 10 Clerks Entry of Default as to Wenig Holdings, LLC. Motions Terminated: #9 Motion for Clerks Entry of Default. Signed by DEPUTY CLERK on 3/6/2020. (lbc)
March 5, 2020 Filing 9 Plaintiff's MOTION for Clerks Entry of Default as to Wenig Holdings, LLC by Pet Parade, Inc.. (Eggnatz, Joshua)
March 4, 2020 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Pet Parade, Inc.. Wenig Holdings, LLC served on 1/31/2020, answer due 2/21/2020. See image at DE #7 (lk)
March 4, 2020 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Pet Parade, Inc.. Wenig Holdings, LLC served on 1/17/2020, answer due 2/7/2020. (Eggnatz, Joshua)
January 21, 2020 Opinion or Order Filing 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. 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 Jacqueline Becerra 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 Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 1/21/2020. (mh01)
January 21, 2020 Opinion or Order Filing 5 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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 1/21/2020. (mh01)
January 17, 2020 Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (ar2)
January 17, 2020 Filing 3 Summons Issued as to Wenig Holdings, LLC. (ar2)
January 17, 2020 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (ar2)
January 17, 2020 Filing 1 COMPLAINT against Wenig Holdings, LLC d/b/a InsuranceServices4U.com. Filing fees $ 400.00 receipt number 113C-12317318, filed by Pet Parade, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) - InsuranceServices4U)(Eggnatz, Joshua)

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Plaintiff: Pet Parade, Inc.
Represented By: Michael James Pascucci
Represented By: Joshua Harris Eggnatz
Represented By: Seth Michael Lehrman
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Defendant: Wenig Holdings, LLC
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