Butler et al v. Stage 29 Productions, LLC et al
| Jenelle Butler and Crezdon Butler |
| Stage 29 Entertainment Group, LLC, Giancarlo, LLC d/b/a Bellagiu Surgical Center, Constantino G. Mendieta, M.D., P.A., Perfectbeauty Holdings, LLC, Stage 29 Media Productions, LLC, 4Beauty Aesthetics Institute, Inc., Stage 29 Productions, LLC, Stage 29 Media Productions, Inc., Constantino G Mendieta, Constantino G Mendieta, M.D, Giancarlo, LLC and Giancarlo, LLC doing business as Bellagiu Surgical Center |
| 1:2020cv20239 |
| January 17, 2020 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Jonathan Goodman |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| Filing 63 ACKNOWLEDGMENT OF RECEIPT as to #62 Transmittal Letter Sent, #61 Order on Motion to Remand to State Court,, (cds) |
| Filing 62 Transmittal Letter Sent with With Certified Copies to: Eleventh Judicial Circuit. State Court Case Number: 20-000903-CA-01 (cds) |
Filing 61
ORDER Granting #28 Motion to Remand to State Court. Closing Case. Denied as Moot: #40 MOTION to Stay filed by Stage 29 Productions, LLC, #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Stage 29 Media Productions, Inc., Stage 29 Entertainment Group, LLC, Stage 29 Productions, LLC, Signed by Judge Marcia G. Cooke on 7/10/2020. See attached document for full details. (cds)
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| Filing 60 Notice of Supplemental Authority re #51 Response in Opposition to Motion, by Crezdon Butler, Jenelle Butler (Attachments: #1 Exhibit California Court Scheduling Order) (Rosenthal, Stephen) |
| Filing 59 NOTICE/STIPULATION of Substitution of Counsel by Patrick Radcliffe Sullivan on behalf of 4Beauty Aesthetics Institute, Inc. instead of prior counsel of record Mark A. Leibowitz, Esq.. . Attorney Patrick Radcliffe Sullivan added to party 4Beauty Aesthetics Institute, Inc.(pty:dft). (Sullivan, Patrick) |
| Filing 58 NOTICE/STIPULATION of Substitution of Counsel by Patrick Radcliffe Sullivan on behalf of Constantino G. Mendieta, M.D., P.A., Giancarlo, LLC, Constantino G Mendieta, M.D, Perfectbeauty Holdings, LLC instead of prior counsel of record Mark Leibowitz, Esq.. . Attorney Patrick Radcliffe Sullivan added to party Constantino G. Mendieta, M.D., P.A.(pty:dft), Attorney Patrick Radcliffe Sullivan added to party Giancarlo, LLC(pty:dft), Attorney Patrick Radcliffe Sullivan added to party Constantino G Mendieta, M.D(pty:dft), Attorney Patrick Radcliffe Sullivan added to party Perfectbeauty Holdings, LLC(pty:dft). (Sullivan, Patrick) |
| Attorney Mark Alan Leibowitz terminated Per DE#59. (cqs) |
| Filing 57 REPLY to Response to Motion re #40 MOTION to Stay Compliance with DE 10, specifically Entry of Scheduling Order filed by Stage 29 Productions, LLC. (Attachments: #1 Text of Proposed Order)(Bohrer, Sanford) |
| Filing 56 REPLY to Response to Motion re #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Stage 29 Productions, LLC. (Bohrer, Sanford) |
| Filing 55 REPLY to Response to Motion re #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Stage 29 Productions, LLC. (Bohrer, Sanford) |
| Filing 54 Notice of Supplemental Authority re #43 Response in Opposition to Motion,, to Dismiss by Crezdon Butler, Jenelle Butler (Attachments: #1 Exhibit A, #2 Exhibit B) (Rosenthal, Stephen) |
| Filing 53 Clerk's Notice of Filing Deficiency Re: #52 Notice of Conventional Filing filed by Jenelle Butler, Crezdon Butler. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (cds) |
| Filing 52 NOTICE OF CONVENTIONAL FILING (CD's) of 46 ENDORSED ORDER granting #44 Plaintiffs Motion to Conventionally File the Video Exhibits in Support of Plaintiffs Response to Motion to Dismiss., by Crezdon Butler, Jenelle Butler (cds) |
| Filing 51 RESPONSE in Opposition re #40 MOTION to Stay filed by Crezdon Butler, Jenelle Butler. Replies due by 3/27/2020. (Attachments: #1 Exhibit A - Email, #2 Exhibit B- California Court COVID Order, #3 Exhibit C- California Court Order Delaying Anti-SLAPP Motion)(Rosenthal, Stephen) |
| Filing 50 Joint SCHEDULING REPORT - Rule 16.1 by Crezdon Butler, Jenelle Butler (Rosenthal, Stephen) |
| Filing 49 NOTICE by Crezdon Butler, Jenelle Butler re #47 Notice (Other), PLAINTIFFS NOTICE TO STRIKE PLAINTIFFS NOTICE OF CONVENTIONAL FILING OF PHYSICAL COPIES OF DVDs WITH VIDEO EXHIBITS IN SUPPORT OF PLAINTIFFS RESPONSE TO STAGE 29 DEFENDANTS MOTION TO DISMISS [ECF No. 47] (Rosenthal, Stephen) |
| Filing 48 Clerks Notice to Filer re #47 Notice (Other),. Conventional Filing Filed Electronically; CORRECTIVE ACTION REQUIRED - The Filer failed to submit the document in the conventional paper format. The Filer must file a Notice of Striking, then refile the document in the conventional paper format. (cqs) |
| Filing 47 (STRICKEN PER DE#49)NOTICE by Crezdon Butler, Jenelle Butler re 46 Order on Motion for Miscellaneous Relief, #43 Response in Opposition to Motion,, Plaintiffs Notice of Conventional Filing of Physical Copies of DVDs With Video Exhibits in Support of Plaintiffs Response to Stage 29 Defendants Motion to Dismiss (Rosenthal, Stephen) TextModified on 3/23/2020 (cqs). |
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Filing 46
ENDORSED ORDER granting #44 Plaintiffs Motion to Conventionally File the Video Exhibits in Support of Plaintiffs Response to Motion to Dismiss.Plaintiffs may file the video exhibits with the Clerk's Office no later than March 23, 2020. Signed by Judge Marcia G. Cooke on 3/20/2020. (rrt)
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Filing 45
ENDORSED ORDER denying #41 Motion for Leave to File a Sur-Reply in opposition to Motion to Remand. Defendant Stage 29 requests leave to file a sur-reply to the alleged new evidence submitted with Plantiff's reply in support of its motion to remand. The Court will not consider new evidence submitted with a reply brief. Accordingly, the motion is denied. If the Court determines it will consider new evidence from the reply, it will notify Stage 29 of the opportunity to file a sur-reply in response to that specific piece of evidence. See Atl. Specialty Ins. Co. v. Digit Dirt Worx, Inc., 793 F. App'x 896, 90102 (11th Cir. 2019) ("When faced with a reply brief that offers new evidence, we [...]conclude that the district court has two permissible courses of action. It can either (1) permit the non-moving party to file a sur-reply or (2) refrain from relying on any new material contained in the reply brief."). The Court further notes Stage 29's correction to the Wilcox Declaration. Signed by Judge Marcia G. Cooke on 3/20/2020. (rrt)
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| Filing 44 Plaintiff's MOTION to Permit Conventional Filing of a DVD re #43 Response in Opposition to Motion,, to Dismiss by Crezdon Butler, Jenelle Butler. (Rosenthal, Stephen) |
| Filing 43 RESPONSE in Opposition re #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Crezdon Butler, Jenelle Butler. Replies due by 3/26/2020. (Attachments: #1 Exhibit Ex. 1 - Declaration of Jenelle Butler, #2 Exhibit Ex. 2 - Declaration of Craig Parsons, #3 Exhibit Ex. 3 - Declaration of Jessica Miller, #4 Exhibit Ex. 4 - Declaration of Beatriz Kaminsky, #5 Exhibit Ex. 5 - Declaration of Meredith Rogers, #6 Exhibit Ex. 6 - Declaration of Alberto Gallerani, M.D., #7 Exhibit Ex. 7 - Declaration of Crezdon Butler, #8 Exhibit Ex. 8 - Declaration of Stephen Rosenthal)(Rosenthal, Stephen) |
| Filing 42 AFFIDAVIT in Support of Defendant's Motion for Leave signed by: Rochelle L. Wilcox re #41 Defendant's MOTION for Leave to File Response to Plaintiffs' Reply in Support of Remand Motion by Stage 29 Entertainment Group, LLC (Bohrer, Sanford) |
| Filing 41 Defendant's MOTION for Leave to File Response to Plaintiffs' Reply in Support of Remand Motion by Stage 29 Entertainment Group, LLC. Attorney Sanford Lewis Bohrer added to party Stage 29 Entertainment Group, LLC(pty:dft). (Bohrer, Sanford) |
| Filing 40 MOTION to Stay by Stage 29 Productions, LLC. Responses due by 4/1/2020 (Attachments: #1 Exhibit SLAPP Motion)(Bohrer, Sanford) |
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Filing 39
CONFIDENTIALITY AGREEMENT/PROTECTIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 3/10/2020. See attached document for full details. (jzn)
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| Filing 38 RESPONSE in Support re #28 Plaintiff's MOTION to Remand to State Court with Incorporated Memorandum of Law filed by Crezdon Butler, Jenelle Butler. (Attachments: #1 Exhibit 1 - Declaration of Stephen Rosenthal, #2 Exhibit 2 - Email chain dated 02.11.2020)(Rosenthal, Stephen) |
| Filing 37 NOTICE by Stage 29 Productions, LLC of Filing Confidentiality Agreement/Protective Order (Attachments: #1 Exhibit Confidentiality Agreement/Protective Order) (Bohrer, Sanford) |
| Filing 36 NOTICE of Attorney Appearance by Sanford Lewis Bohrer on behalf of Stage 29 Productions, LLC. Attorney Sanford Lewis Bohrer added to party Stage 29 Productions, LLC(pty:dft). (Bohrer, Sanford) |
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Filing 35
ENDORSED ORDER granting #29 Motion for Clarification. Plaintiffs seek clarification of the Court's Order Granting Plaintiffs' Motion for Extension of Time to File Response to Motion to Dismiss (ECF No. 26) entered on February 11, 2020. The Court adopted in pertinent part Plaintiff's proposed order, and it does not find it ambiguous. Regardless, the Court will clarify its Order as follows: The Order did NOT grant leave to take a Rule 30(b)(6) deposition of Stage 29Productions, LLCs corporate representative before the time specified in Fed. R. Civ. P. 26(d). Even if it had, Plaintiffs served the deposition notice outside of the February 14, 2020 deadline clearly noted in the Order. Signed by Judge Marcia G. Cooke on 3/2/2020. (rrt)
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| Filing 34 RESPONSE in Opposition re #28 Plaintiff's MOTION to Remand to State Court with Incorporated Memorandum of Law filed by Stage 29 Productions, LLC. Replies due by 3/9/2020. (Attachments: #1 Affidavit Declaration of Rochelle Wilcox)(Hasty, Frederick) |
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Filing 33
PAPERLESS ORDER denying #31 Plaintiff's Motion for Hearing. Scheduling an expedited discovery hearing with the Undersigned would not produce a useful hearing. The dispute underlying the requested hearing concerns a disagreement over the meaning of an Order entered by United States District Judge Marcia G. Cooke -- not the Undersigned. Regardless of whether the hearing is this week, next week, or some other time, the Undersigned would still be unable to enter a substantive ruling because the ruling would require an interpretation of Judge Cooke's order, and Plaintiffs have already [ECF No. 29] filed a motion asking Judge Cooke to clarify her Order. Signed by Magistrate Judge Jonathan Goodman on 3/2/2020. (jzn)
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| Filing 32 RESPONSE in Opposition re #29 Plaintiff's MOTION for clarification of the Order Expediting Jurisdictional Discovery and to Shorten Briefing Schedule on This Motion filed by Stage 29 Productions, LLC. Replies due by 3/9/2020. (Attachments: #1 Affidavit Declaration of Rochelle Wilcox)(Hasty, Frederick) |
| Filing 31 Plaintiff's MOTION for Hearing re #29 Plaintiff's MOTION for clarification of the Order Expediting Jurisdictional Discovery and to Shorten Briefing Schedule on This Motion to Schedule Hearing Outside of the Regular Discovery Hearing Time to Resolve Dispute Whether Plaintiffs May Take Rule 30(b)(6) Deposition Next Week by Crezdon Butler, Jenelle Butler. (Attachments: #1 Text of Proposed Order)(Rosenthal, Stephen) |
| Filing 30 NOTICE Of Intent To Oppose by Stage 29 Productions, LLC re #29 Plaintiff's MOTION for clarification of the Order Expediting Jurisdictional Discovery and to Shorten Briefing Schedule on This Motion (Hasty, Frederick)Text Modified on 2/26/2020 (cqs). |
| Filing 29 Plaintiff's MOTION for clarification of the Order Expediting Jurisdictional Discovery and to Shorten Briefing Schedule on This Motion by Crezdon Butler, Jenelle Butler. Responses due by 3/10/2020 (Attachments: #1 Exhibit A - Notice of Taking Deposition, #2 Text of Proposed Order)(Rosenthal, Stephen) |
| Filing 28 Plaintiff's MOTION to Remand to State Court with Incorporated Memorandum of Law by Crezdon Butler, Jenelle Butler. (Attachments: #1 Exhibit A - Affidavits of Service of Process-Mendieta Defendants, #2 Exhibit B - Emails, #3 Exhibit C - Notice of Filing Notice of Removal)(Rosenthal, Stephen) |
| Filing 27 Mendieta Defendants' ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by 4Beauty Aesthetics Institute, Inc., Constantino G. Mendieta, M.D., P.A., Giancarlo, LLC, Constantino G Mendieta, M.D, Perfectbeauty Holdings, LLC. Attorney Mark Alan Leibowitz added to party 4Beauty Aesthetics Institute, Inc.(pty:dft), Attorney Mark Alan Leibowitz added to party Constantino G. Mendieta, M.D., P.A.(pty:dft), Attorney Mark Alan Leibowitz added to party Giancarlo, LLC(pty:dft), Attorney Mark Alan Leibowitz added to party Constantino G Mendieta, M.D(pty:dft), Attorney Mark Alan Leibowitz added to party Perfectbeauty Holdings, LLC(pty:dft). (Leibowitz, Mark) |
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Filing 26
ENDORSED ORDER granting #24 Motion for Extension of Time to File Response to Motion to Dismiss. Plaintiffs' time to respond to Defendant Stage 29's Motion to Dismiss (ECF No.16) shall be extended until March 19, 2020. Plaintiffs shall be permitted leave to serve expedited jurisdictional discovery regarding Stage 29's motion to dismiss no later than February 14, 2020, and Defendant Stage 29 Productions, LLC shall have 21 days to respond to Plaintiffs' discovery requests. Signed by Judge Marcia G. Cooke on 2/11/2020. (rrt)
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| Filing 25 DEMAND for Trial by Jury by Stage 29 Productions, LLC (Hasty, Frederick) |
| Filing 24 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), by Crezdon Butler, Jenelle Butler. (Attachments: #1 Exhibit A - Notice of Intent Stage 29 Productions LLC, #2 Exhibit B - Supplemental Presuit Discovery Requests to Stage 29 Productions LLC, #3 Exhibit C - Affidavit of Service of Process-Stage 29 Productions LLC, #4 Text of Proposed Order)(Rosenthal, Stephen) |
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Filing 23
ORDER OF DISMISSAL, Stage 29 Media Productions, LLC, Stage 29 Entertainment Group, LLC and Stage 29 Media Productions, Inc. terminated. Signed by Judge Marcia G. Cooke on 2/10/2020. See attached document for full details. (cds)
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Filing 22
ENDORSED ORDER granting #20 Motion to Accept Physical Copies of DVD Marked as Exhibit A to Defendant's Motion to Dismiss. Defendant Stage 29 Productions, LLC may file a physical copy of the DVD in support of its Motion to Dismiss with the Clerk's Office. Signed by Judge Marcia G. Cooke on 2/10/2020. (rrt)
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| Filing 21 NOTICE of Voluntary Dismissal Without Prejudice by Crezdon Butler, Jenelle Butler (Attachments: #1 Text of Proposed Order) (Rosenthal, Stephen) |
| Filing 20 Defendant's MOTION to Accept Physical Copies of DVD Marked As Exhibit A to Defendants' Motion to Dismiss re #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Productions, LLC. (Hasty, Frederick) |
| Filing 19 Statement of: Rochelle L. Wilcox by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Productions, LLC re #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), (Hasty, Frederick) |
| Filing 18 Statement of: Rich De Michele by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Productions, LLC re #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), (Hasty, Frederick) |
| Filing 17 NOTICE by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Productions, LLC re #16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), (Hasty, Frederick) |
| Filing 16 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Productions, LLC. Responses due by 2/18/2020 (Hasty, Frederick) |
| Filing 15 Defendant's Corporate Disclosure Statement by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Media Productions, LLC, Stage 29 Productions, LLC (Hasty, Frederick) |
| Filing 14 NOTICE of Striking Document #12 DEFENDANTS RULE 7.1 DISCLOSURE STATEMENT by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Media Productions, LLC, Stage 29 Productions, LLC (Hasty, Frederick) |
| Filing 13 Clerks Notice to Filer re #12 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (scn) |
| Filing 12 (STRICKEN PER DE#14) NOTICE by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Media Productions, LLC, Stage 29 Productions, LLC Rule 7.1 Disclosure Statement (Hasty, Frederick) Text Modified on 2/4/2020 (scn) |
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Filing 11
PAPERLESS ORDER granting #8 , #9 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Rochelle L. Wilcox and Kelli L. Sager. Signed by Magistrate Judge Jonathan Goodman on 2/3/2020. (jzn)
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Filing 10
ORDER OF REFERRAL to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 2/3/2020. See attached document for full details. (cds)
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| Filing 9 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kelli Sager. Filing Fee $ 75.00 Receipt # AFLSDC-12382318 by Stage 29 Entertainment Group, LLC. Responses due by 2/14/2020 (Attachments: #1 Certification of Kelli Sager, #2 Proposed Order of Kelli Sager)(Hasty, Frederick) |
| Filing 8 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rochelle Wilcox. Filing Fee $ 75.00 Receipt # AFLSDC-12382020 by Stage 29 Entertainment Group, LLC. Responses due by 2/14/2020 (Attachments: #1 Certification of Rochelle Wilcox, #2 Proposed Order of Rochelle WIlcox)(Hasty, Frederick) |
| Filing 7 NOTICE by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Media Productions, LLC, Stage 29 Productions, LLC Notice of Filing (Hasty, Frederick) |
| Filing 6 NOTICE by Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Media Productions, LLC, Stage 29 Productions, LLC Notice of Certificate of Service (Hasty, Frederick) |
| Filing 5 Summons Issued as to Stage 29 Entertainment Group, LLC, Stage 29 Media Productions, Inc., Stage 29 Productions, LLC. (scn) |
| Filing 4 Summons Issued as to 4Beauty Aesthetics Institute, Inc., Constantino G. Mendieta, M.D., P.A., Giancarlo, LLC, Constantino G Mendieta, M.D, Perfectbeauty Holdings, LLC. (scn) |
| Filing 3 NOTICE of Filing Proposed Summons(es) by Crezdon Butler, Jenelle Butler (Attachments: #1 Summon(s) Stage 29 Productions, LLC, #2 Summon(s) Stage 29 Media Productions, Inc., #3 Summon(s) Stage 29 Entertainment Group, LLC, #4 Summon(s) Constantino G. Mendieta, M.D., #5 Summon(s) Constantino G. Mendieta, M.D., P.A., #6 Summon(s) 4Beauty Aesthetics Institute, Inc., #7 Summon(s) PerfectBeauty Holdings, LLC, #8 Summon(s) Giancarlo, LLC d/b/a Bellagiu Surgical Center) (Rosenthal, Stephen) |
| 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Plaintiffs' Complaint for Damages) Filing fee $ 400.00 receipt number 113C-12319019, filed by Stage 29 Media Productions, LLC, Stage 29 Productions, LLC, Stage 29 Media Productions, Inc., Stage 29 Entertainment Group, LLC. (Attachments: #1 Civil Cover Sheet)(Hasty, Frederick) Text Modified on 1/21/2020 (cds). No Answer/Motion To Dismiss Filed. |
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