Hinton et al v. Turning Point Brands, Inc. et al
| Monica Hinton and Walter Hinton |
| International Vapor Group Inc., Franchise Creator, Inc., John Does 1-10, Turning Point Brands, Inc., ABC Companies 1-10, Kenneth F. Darrow, P.A., Nicolas Molina, Vaporfi Franchising LLC. and DCV Franchise Group |
| 1:2020cv21476 |
| April 7, 2020 |
| US District Court for the Southern District of Florida |
| Joan A Lenard |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2020. A more recent docket listing may be available from PACER.
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Filing 64
OMNIBUS ORDER GRANTING #16 Defendant VaporFi Franchising LLC's Motion to Compel Arbitration and Stay Case, GRANTING #14 Defendant Turning Point Brands, Inc.'s and Defendant International Vapor Group, Inc.'s Motion to Stay Pending Arbitration, GRANTING #47 Defendant Nicolas Molina's Motion to Stay Pending Arbitration, DENYING WITHOUT PREJUDICE #58 Defendant DCV Franchise Group's Motion to Dismiss, and STAYING AND ADMINISTRATIVELY CLOSING CASE. Signed by Judge Joan A. Lenard on 11/16/2020. See attached document for full details. (gie)
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| Filing 63 RESPONSE in Opposition re #58 MOTION to Dismiss with Prejudice #10 Amended Complaint/Amended Notice of Removal, filed by Monica Hinton, Walter Hinton. Replies due by 11/19/2020. (Person, Matthew) |
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Filing 62
PAPERLESS ORDER GRANTING #61 Unopposed Motion for Extension of Time to Respond to DCV Franchise Group's Motion to Dismiss. Plaintiffs shall have until and including November 12, 2020 to respond to DCV Franchise Group's Motion to Dismiss. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/5/2020. (gie)
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| Filing 61 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #58 MOTION to Dismiss with Prejudice #10 Amended Complaint/Amended Notice of Removal, by Monica Hinton, Walter Hinton. (Attachments: #1 Text of Proposed Order)(Person, Matthew) |
| Filing 60 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Matthew Ty Person re #59 Notice of Change of Address. Attorney Matthew Ty Person has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 59 NOTICE of Change of Address by Matthew Ty Person (Person, Matthew) |
| Filing 58 MOTION to Dismiss with Prejudice #10 Amended Complaint/Amended Notice of Removal, by DCV Franchise Group. Responses due by 11/6/2020 (Schneider, Stuart) |
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Filing 57
PAPERLESS ORDER GRANTING IN PART #56 Defendant DCV Franchise Group's Third Unopposed Motion for Enlargement of Time to Respond to Plaintiff's First Amended Complaint. DCF Franchise Group shall have until and including October 23, 2020 to respond to Plaintiff's First Amended Complaint. Absent extraordinary circumstances, no further extensions will be granted. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 10/6/2020. (gie)
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| Filing 56 Agreed MOTION for Extension of Time RESPOND TO AMENDED COMPLAINT BY NOVEMBER 4, 2020 by DCV Franchise Group. Responses due by 10/19/2020 (Schneider, Stuart) |
| Filing 55 Clerks Notice to Filer re #53 Response in Support of Motion,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#54]. It is not necessary to refile this document. (ls) |
| Filing 54 REPLY to Response to Motion re #47 Defendant's MOTION to Stay re #10 Amended Complaint/Amended Notice of Removal, #16 MOTION to Compel Arbitration MOTION to Dismiss #10 Amended Complaint, MOTION to Stay and Memorandum of Law in Support filed by Nicolas Molina. (ls)(See Image at DE #53) |
| Filing 53 RESPONSE in Support re #47 Defendant's MOTION to Stay re #10 Amended Complaint/Amended Notice of Removal, #16 MOTION to Compel Arbitration MOTION to Dismiss #10 Amended Complaint, MOTION to Stay and Memorandum of Law in Support of S PENDING ARBITRATION filed by Nicolas Molina. (Attachments: #1 Exhibit 1)(Wilson, Victoria) |
| Filing 52 RESPONSE in Opposition re #47 Defendant's MOTION to Stay re #10 Amended Complaint/Amended Notice of Removal, #16 MOTION to Compel Arbitration MOTION to Dismiss #10 Amended Complaint, MOTION to Stay and Memorandum of Law in Support of S filed by Monica Hinton, Walter Hinton. Replies due by 9/29/2020. (Person, Matthew) |
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Filing 51
PAPERLESS ORDER DISMISSING CASE AS TO DEFENDANT KENNETH F. DARROW, P.A. On September 10, 2020, the Court issued an Order providing Plaintiff ten days to file a Motion for Default as to Defendant Kenneth F. Darrow, P.A. or show cause why this case should not be dismissed for lack of prosecution as to Defendant Kenneth F. Darrow, P.A. To date, Plaintiff has not filed a Motion for Default or otherwise responded to the Court's show cause order. Accordingly, it is ORDERED AND ADJUDGED that this case is hereby DISMISSED WITHOUT PREJUDICE as to Defendant Kenneth F. Darrow, P.A. for lack of prosecution. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 9/22/2020. (gie)
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Filing 50
PAPERLESS ORDER GRANTING #49 Defendant DCV Franchise Group's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's First Amended Complaint. DCF Franchise Group shall have until and including October 5, 2020 to respond to the Amended Complaint. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 9/18/2020. (gie)
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| Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 Amended Complaint/Amended Notice of Removal, by DCV Franchise Group. Attorney Stuart P. Schneider added to party DCV Franchise Group(pty:dft). (Schneider, Stuart) |
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Filing 48
PAPERLESS ORDER TO SHOW CAUSE. On August 26, 2020, Plaintiff filed a Return of Service #40 indicating that Defendant Kenneth F. Darrow, P.A. was served via substitute service on August 19, 2020. Over twenty-one days have now passed, and Kenneth F. Darrow, P.A. has not filed a response. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff shall have ten (10) days from the date of this Order within which to file a Motion for Default or show cause why this case should not be dismissed for lack of prosecution. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 9/10/2020. (gie)
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| Filing 47 Defendant's MOTION to Stay re #10 Amended Complaint/Amended Notice of Removal, #16 MOTION to Compel Arbitration MOTION to Dismiss #10 Amended Complaint, MOTION to Stay and Memorandum of Law in Support of Same PENDING ARBITRATION by Nicolas Molina. Responses due by 9/22/2020 (Wilson, Victoria) |
| Filing 46 NOTICE of Attorney Appearance by Victoria Jean Wilson on behalf of Nicolas Molina. Attorney Victoria Jean Wilson added to party Nicolas Molina(pty:dft). (Wilson, Victoria) |
| Filing 45 NOTICE of Attorney Appearance by Jason Kenneth Kellogg on behalf of Nicolas Molina. Attorney Jason Kenneth Kellogg added to party Nicolas Molina(pty:dft). (Kellogg, Jason) |
| Filing 44 Clerks Notice to Filer re #42 Certificate of Service,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#43]. It is not necessary to refile this document. (ls) |
| Filing 43 AFFIDAVIT/NOTICE of Compliance by Monica Hinton, Walter Hinton re 29 Order on Motion for Extension of Time, 39 Order to Show Cause,,,,,,,, (ls)(See Image at DE #42) |
| Filing 42 CERTIFICATE OF SERVICE by Monica Hinton, Walter Hinton re 29 Order on Motion for Extension of Time, 39 Order to Show Cause,,,,,,,, Affidavit of Compliance (Attachments: #1 Exhibit Exh 1 - Sub Service Order, #2 Exhibit Exh 2 - Darrow Service, #3 Exhibit Exh 3 - Molina Service)(Person, Matthew) |
| Filing 41 SUMMONS (Affidavit) Returned Executed on #10 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Walter Hinton, Monica Hinton. Nicolas Molina served on 8/26/2020, answer due 9/16/2020. (Person, Matthew) |
| Filing 40 SUMMONS (Affidavit) Returned Executed on #10 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Walter Hinton, Monica Hinton. Kenneth F. Darrow, P.A. served on 8/19/2020, answer due 9/9/2020. (Person, Matthew) |
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Filing 39
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. Plaintiffs filed their original Complaint on April 7, 2020 against several defendants, including Nicolas Molina and Kenneth F. Darrow, P.A. On June 1, 2020, Plaintiffs filed an Amended Complaint which named Nicolas Molina and Kenneth F. Darrow, P.A. among the Defendants. On July 7, 2020, after 90 days had passed from the date the original Complaint was filed, and having not received certificates of service indicating that Nicolas Molina and Kenneth F. Darrow, P.A. had been served, the Court issued an Order providing Plaintiffs ten days to either serve Nicolas Molina and Kenneth F. Darrow, P.A. or show cause why the case should not be dismissed as to those Defendants for lack of service. (D.E. 23.) On July 20, 2020, the Court entered an Order granting Plaintiffs' Motion to Extend Time for Service of Complaint, providing Plaintiffs until and including August 6, 2020 to serve Nicolas Molina and Kenneth F. Darrow, P.A. (D.E. 26.) On August 7, 2020, the Court entered an Order granting Plaintiffs' Motion to Permit Substituted Service of Complaint on Defendants Kenneth F. Darrow, P.A. and Defendant Nicolas Molina, and provided Plaintiffs until and including August 20, 2020 to serve those Defendants. (D.E. 29.) On August 20, 2020, Plaintiffs filed a Return of Service indicating that Defendant Nicolas Molina was served via substitute service (although the Court notes that the Summons was sent to a different address than the address listed on the Summons; the Court makes no finding as to the adequacy of this service at this time). However, to date, Plaintiffs have not filed proof of substitute service on Defendant Kenneth F. Darrow, P.A. Accordingly, it is ORDERED AND ADJUDGED that Plaintiffs shall have until and including September 3, 2020 to file proof of substitute service on Defendant Kenneth F. Darrow, P.A. or SHOW CAUSE why this case should not be dismissed as to Defendant Kenneth F. Darrow, P.A. for lack of service. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/24/2020. (gie)
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Filing 38
PAPERLESS ORDER GRANTING #37 Defendant DCV Franchise Group's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's First Amended Complaint. Defendant DCV Franchise Group shall have until and including September 16, 2020 to respond to the Amended Complaint. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/24/2020. (gie)
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| Filing 37 MOTION for Extension of Time to File Response/Reply/Answer as to #10 Amended Complaint/Amended Notice of Removal, by DCV Franchise Group. (Vine, S.) |
| Filing 36 NOTICE of Attorney Appearance by S. Jonathan Vine on behalf of DCV Franchise Group. Attorney S. Jonathan Vine added to party DCV Franchise Group(pty:dft). (Vine, S.) |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #10 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Walter Hinton, Monica Hinton. Nicolas Molina served on 8/19/2020, answer due 9/9/2020. (Person, Matthew) |
| Filing 34 Summons Issued as to Nicolas Molina. (pes) |
| Filing 33 NOTICE of Filing Proposed Summons(es) Molina by Substitute by Monica Hinton, Walter Hinton re 29 Order on Motion for Extension of Time, (Person, Matthew) |
| Filing 32 Summons (Affidavit) Returned Unexecuted by Walter Hinton, Monica Hinton as to Nicolas Molina. (Person, Matthew) |
| Filing 31 Summons Reissued as to Kenneth F. Darrow, P.A.. (ls) |
| Filing 30 NOTICE of Filing Proposed Summons(es) Substituted Service Darrow by Monica Hinton, Walter Hinton re 29 Order on Motion for Extension of Time, (Person, Matthew) |
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Filing 29
PAPERLESS ORDER GRANTING #27 Motion to Permit Substituted Service of Complaint on Defendants Kenneth F. Darrow, P.A. and Defendant Nicolas Molina. Plaintiff shall have until and including August 20, 2020 to file proof of substitute service on Defendants Kenneth F. Darrow, P.A. and Nicolas Molina. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 8/7/2020. (gie)
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| Filing 28 Clerks Notice to Filer re #27 Plaintiff's MOTION for Substituted Service re 26 Order on Motion for Extension of Time, to Server Darrow and Molina. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 27 Plaintiff's Motion for Extension of Time/to Permit Substituted Service of Complaint on Defendants Kenneth F. Darrow, P.A. and Defendant Nicolas Molina by Monica Hinton, Walter Hinton. (Attachments: #1 Text of Proposed Order)(Person, Matthew) Modified Relief on 8/7/2020 (ls). |
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Filing 26
PAPERLESS ORDER GRANTING #25 Motion to Extend Time for Service of Complaint. Plaintiff shall have until and including August 6, 2020 to serve the remaining Defendants. Counsel for Defendant is advised that Rule 4(m) was amended effective December 1, 2015 to require service within 90 days of the date the Complaint was filed. See Fed. R. Civ. P. 4(m). This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/20/2020. (gie)
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| Filing 25 Plaintiff's MOTION for Extension of Time to Serve Darrow and Molina for 20 days re 23 Order to Show Cause,,, by Monica Hinton, Walter Hinton. Responses due by 7/31/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Person, Matthew) |
| Filing 24 Summons (Affidavit) Returned Unexecuted by Walter Hinton, Monica Hinton as to Kenneth F. Darrow, P.A.. (Person, Matthew) |
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Filing 23
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. Plaintiffs filed their original Complaint on April 7, 2020 against several defendants, including Nicolas Molina and Kenneth F. Darrow, P.A. On June 1, 2020, Plaintiffs filed an Amended Complaint which named Nicolas Molina and Kenneth F. Darrow, P.A. among the Defendants. Over 90 days have passed since the original Complaint was filed and Defendants Nicolas Molina and Kenneth F. Darrow, P.A. have not been served. Based on the Court's review of the record, it is ORDERED AND ADJUDGED that, pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff shall have ten (10) days from the date of this Order to serve Defendants Nicolas Molina and Kenneth F. Darrow, P.A. or show cause why this case should not be dismissed as to those Defendants for lack of service. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 7/7/2020. (gie)
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| Filing 22 REPLY to Response to Motion re #16 MOTION to Compel Arbitration MOTION to Dismiss #10 Amended Complaint, MOTION to Stay and Memorandum of Law in Support of Same filed by Vaporfi Franchising LLC.. (Herbert, Brendan) |
| Filing 21 REPLY to Response to Motion re #14 MOTION to Stay Pending Arbitration and Memorandum of Law in Support of Same filed by International Vapor Group Inc., Turning Point Brands, Inc.. (Attachments: #1 Exhibit A)(Herbert, Brendan) |
| Filing 20 RESPONSE in Opposition re #16 MOTION to Compel Arbitration MOTION to Dismiss #10 Amended Complaint, MOTION to Stay and Memorandum of Law in Support of Same filed by Monica Hinton, Walter Hinton. Replies due by 7/6/2020. (Person, Matthew) |
| Filing 19 RESPONSE in Opposition re #14 MOTION to Stay Pending Arbitration and Memorandum of Law in Support of Same filed by Monica Hinton, Walter Hinton. Replies due by 7/6/2020. (Person, Matthew) |
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Filing 18
PAPERLESS ORDER GRANTING #17 Unopposed Motion for Extension of Time to Respond to Motion to Compel Arbitration and Motion to Stay. Plaintiffs shall have until and including June 29, 2020 to respond to the above-referenced Motions. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/17/2020. (gie)
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| Reset Deadlines as to #16 MOTION to Compel Arbitration MOTION to Dismiss #10 Amended Complaint, MOTION to Stay and Memorandum of Law in Support of Same, #14 MOTION to Stay Pending Arbitration and Memorandum of Law in Support of Same. Responses due by 6/29/2020 (ls)(per DE #18) |
| Filing 17 MOTION for Extension of Time to respond to Motion to Stay and Compel re #14 MOTION to Stay Pending Arbitration and Memorandum of Law in Support of Same, #16 MOTION to Compel Arbitration MOTION to Dismiss #10 Amended Complaint, MOTION to Stay and Memorandum of Law in Support of Same by Monica Hinton, Walter Hinton. Responses due by 6/30/2020 (Person, Matthew) |
| Filing 16 MOTION to Compel Arbitration , MOTION to Dismiss #10 Amended Complaint, , MOTION to Stay and Memorandum of Law in Support of Same by Vaporfi Franchising LLC.. Responses due by 6/18/2020 (Attachments: #1 Exhibit A - E)(Herbert, Brendan) |
| Filing 15 NOTICE of Attorney Appearance by Brendan I Herbert on behalf of Vaporfi Franchising LLC.. Attorney Brendan I Herbert added to party Vaporfi Franchising LLC.(pty:dft). (Herbert, Brendan) |
| Filing 14 MOTION to Stay Pending Arbitration and Memorandum of Law in Support of Same by Turning Point Brands, Inc.. Responses due by 6/18/2020 (Herbert, Brendan) |
| Filing 13 NOTICE of Attorney Appearance by Brendan I Herbert on behalf of International Vapor Group Inc., Turning Point Brands, Inc.. Attorney Brendan I Herbert added to party International Vapor Group Inc.(pty:dft), Attorney Brendan I Herbert added to party Turning Point Brands, Inc.(pty:dft). (Herbert, Brendan) |
| Filing 12 Summons Issued as to DCV Franchise Group. (ls) |
| Filing 11 NOTICE of Filing Proposed Summons(es) on DCF by Monica Hinton, Walter Hinton (Person, Matthew) |
| Filing 10 First AMENDED COMPLAINT against International Vapor Group Inc., ABC Companies 1-10, John Does 1-10, Kenneth F. Darrow, P.A., Nicolas Molina, Turning Point Brands, Inc., Vaporfi Franchising LLC., DCV Franchise Group, filed by Walter Hinton, Monica Hinton. (Attachments: #1 Exhibit Exh A, #2 Exhibit Exh B, #3 Exhibit Exh C, #4 Exhibit Exh D, #5 Exhibit Exh E, #6 Exhibit Exh F, #7 Exhibit Exh G, #8 Exhibit Exh H)(Person, Matthew) |
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Filing 9
ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Louis D. Tambaro. Signed by Judge Joan A. Lenard on 04/23/2020. See attached document for full details. (dp)
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| Filing 8 CLERK'S NOTICE - Attorney Admissions has updated the contact information for attorney Matthew Ty Person re #7 Notice of Change of Address. (cw) |
| Filing 7 NOTICE of Change of Address by Matthew Ty Person (Person, Matthew) |
| Filing 6 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Louis D. Tambaro, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-12774338 by Monica Hinton, Walter Hinton. Responses due by 5/5/2020 (Attachments: #1 Text of Proposed Order)(Person, Matthew) |
| Filing 5 NOTICE by Monica Hinton, Walter Hinton re 4 Clerks Notice to Filer re: Electronic Case Civil Cover Sheet (Person, Matthew) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (scn) |
| Filing 3 Summons Issued as to International Vapor Group Inc., Franchise Creator, Inc., Kenneth F. Darrow, P.A., Nicolas Molina, Turning Point Brands, Inc., Vaporfi Franchising LLC. (scn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. 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. (scn) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12709700, filed by Walter Hinton, Monica Hinton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Summon(s), #12 Summon(s), #13 Summon(s))(Person, Matthew) |
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