Barron v. US Med Acquisition, Inc.
| Thomas J Barron |
| US MED Acquisition, Inc. |
| 1:2020cv22125 |
| May 21, 2020 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jonathan Goodman |
| Labor: Other |
| 05 U.S.C. § 0704 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 51 First AMENDED COMPLAINT against US MED Acquisition, Inc., filed by Thomas J Barron. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B)(Maglich, Jordan) |
| Filing 50 Notice of Entry of Parties Listed on 48 Clerks Notice to Filer re: Electronic Case, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Marlene Quintana. (Moon, Lillian) |
Filing 49
ORDER Scheduling Mediation before Marlene Quintana; Mediation Hearing set for 11/6/2020 10:00 AM. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Judge Cecilia M. Altonaga on 7/9/2020. See attached document for full details. (ps1)
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| Filing 48 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add Mediator associated with the case. Filer is instructed to add the Mediator by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (scn) |
| Filing 47 NOTICE by US MED Acquisition, Inc. re #39 Scheduling Order,,, Order Referring Case to Mediation,,, Order Referring Case to Magistrate Judge,, JOINT NOTICE OF SELECTION OF MEDIATOR (Attachments: #1 Text of Proposed Order) (Moon, Lillian) |
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Filing 46
ORDER granting #45 Unopposed Motion for Enlargement of Time to File Amended Complaint. Plaintiff shall file and serve his amended complaint on or before July 13, 2020. Signed by Judge Cecilia M. Altonaga on 6/26/2020. See attached document for full details. (wc)
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| Filing 45 Unopposed MOTION for Extension of Time to Amend #1 Complaint, #38 Order, by Thomas J Barron. Responses due by 7/10/2020 (Attachments: #1 Text of Proposed Order)(Maglich, Jordan) |
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Filing 44
PAPERLESS ORDER granting #43 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Thomas M. Barron. Signed by Magistrate Judge Jonathan Goodman on 6/18/2020. (jzn)
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| Filing 43 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas M. Barron. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #41 Motion to Appear Pro Hac Vice, by Thomas J Barron. Responses due by 7/2/2020 (Attachments: #1 Text of Proposed Order)(Maglich, Jordan) |
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Filing 42
ORDER denying without prejudice #41 Unopposed Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Thomas M. Barron. Notice of Termination delivered by US Mail to Thomas Barron.. Signed by Judge Cecilia M. Altonaga on 6/18/2020. See attached document for full details. (wc)
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| Attorney Thomas M. Barron representing Barron, Thomas J (Plaintiff) Activated. (cco) |
| Filing 41 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas M. Barron. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #36 Motion to Appear Pro Hac Vice, by Thomas J Barron. Responses due by 7/1/2020 (Attachments: #1 Text of Proposed Order)(Maglich, Jordan) |
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Filing 40
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 6/17/2020. See attached document for full details. (fbn)
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Filing 39
ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two week period beginning 4/26/2021 in Miami Division before Judge Cecilia M. Altonaga. Calendar Call set for 4/20/2021 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. Mediation Deadline 11/20/2020. REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 6/17/2020. See attached document for full details. (ps1)
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Filing 38
ORDER granting #9 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by US MED Acquisition, Inc. The Complaint (ECF No. #1 ) is DISMISSED without prejudice. Plaintiff has until June 29, 2020 to file an amended complaint Signed by Judge Cecilia M. Altonaga on 6/17/2020. See attached document for full details. (ps1)
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Filing 37
ORDER denying #36 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Thomas M. Barron. Signed by Judge Cecilia M. Altonaga on 6/17/2020. See attached document for full details. (ps1)
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| Filing 36 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas M. Barron. Filing Fee $ 200.00 Receipt # AFLSDC-13038793 by Thomas J Barron. Responses due by 6/30/2020 (Attachments: #1 Text of Proposed Order)(Maglich, Jordan) |
| Filing 35 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Thomas J Barron (Maglich, Jordan) |
| Filing 34 Joint SCHEDULING REPORT - Rule 26(f) by US MED Acquisition, Inc. (Attachments: #1 Text of Proposed Order Exhibit A)(Moon, Lillian) |
| Filing 33 Certificate of Other Affiliates by US MED Acquisition, Inc. (Moon, Lillian) |
| Filing 32 NOTICE of Attorney Appearance by Jordan David Maglich on behalf of Thomas J Barron. Attorney Jordan David Maglich added to party Thomas J Barron(pty:pla). (Maglich, Jordan) |
| Filing 31 REPLY to Response to Motion re #9 Defendant's Reply to Plaintiff's Objection to Defendant's Motion to Transfer Venue and Motion to Dismiss filed by US MED Acquisition, Inc.. (Moon, Lillian) |
| Filing 30 Defendant's Corporate Disclosure Statement by US MED Acquisition, Inc. (Moon, Lillian) |
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Filing 29
ORDER granting #28 Amended Motion to Withdraw Massachusetts Counsel and for Substitution of Counsel. Lillian Chaves Moon of the law firm of Akerman LLP shall serve as counsel of record for US Med Acquisitions, Inc. John McKelway and Nicholas Allen of McCarter & English LLP are TERMINATED as counsel of record for Defendant US Med Acquisitions, Inc., and shall have no further obligations in this matter. Signed by Judge Cecilia M. Altonaga on 6/2/2020. See attached document for full details. (wc)
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| Filing 28 Amended MOTION to Withdraw as Attorney by Lillian Chaves Moon for /, Amended UNSTIPULATED MOTION for Substitution of Counsel. Substituting Lillian Chaves Moon for John McKelway and Nicholas Allen of McCarter & English LLP Defendant's Amended Unopposed Motion To Withdraw Massachusetts Counsel And For Substitution Of Counsel ( Responses due by 6/16/2020) by US MED Acquisition, Inc.. (Attachments: #1 Text of Proposed Order)(Moon, Lillian) |
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Filing 27
PAPERLESS ORDER denying #26 Motion for Substitution of Counsel; denying #26 Motion to Withdraw as Attorney due to the failure to submit a proposed order, as is required by the Local Rules. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 26 Unopposed UNSTIPULATED MOTION for Substitution of Counsel. Substituting Lillian Chaves Moon for John McKelway and Nicholas Allen of McCarter & English LLP , Unopposed MOTION to Withdraw as Attorney DEFENDANT'S UNOPPOSED MOTION TO WITHDRAW MASSACHUSETTS COUNSEL AND FOR SUBSTITUTION OF COUNSEL by Lillian Chaves Moon for / ( Responses due by 6/15/2020) by US MED Acquisition, Inc.. (Attachments: #1 Text of Proposed Order)(Moon, Lillian) |
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Filing 25
ORDER granting #23 Motion for Extension of Time. Deadline to obtain new counsel 6/9/2029. Joint Scheduling Report due by 6/12/2020. Signed by Judge Cecilia M. Altonaga on 6/1/2020. See attached document for full details. (ps1)
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| Filing 24 NOTICE by US MED Acquisition, Inc. re #23 MOTION for Extension of Time to obtain local counsel and to file the scheduling report along with the certificates of interested parties. re #19 Order,, Set/Reset Deadlines, #20 Order Requiring Joint Scheduling Report Defendant's Notice of No Objection to Plaintiff's Motion for Extension of Time (Moon, Lillian) |
| Filing 23 MOTION for Extension of Time to obtain local counsel and to file the scheduling report along with the certificates of interested parties. re #19 Order directing that the parties retain counsel, #20 Order Requiring Joint Scheduling Report and Certificates of lnterested Parties. by Thomas J Barron. Responses due by 6/12/2020 (jao) |
| Filing 22 NOTICE of Attorney Appearance by Lillian Chaves Moon on behalf of US MED Acquisition, Inc.. Attorney Lillian Chaves Moon added to party US MED Acquisition, Inc.(pty:dft). (Moon, Lillian) |
| Filing 21 Bar Letter re: Admissions sent to attorney Thomas M. Barron, John M. McKelway, Jr., Nicholas W. Allen, mailing date May 22, 2020, (pt) |
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Filing 20
Order Requiring Joint Scheduling Report and Certificates of Interested Parties to be filed by 6/5/2020. Signed by Judge Cecilia M. Altonaga on 5/21/2020. See attached document for full details. (ps1)
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Filing 19
ORDER requiring the parties to obtain counsel 6/1/2020. Defendant shall file a reply memorandum in support of its Motion to Dismiss (ECF No. #9 ) by 6/10/2020. Signed by Judge Cecilia M. Altonaga on 5/21/2020. See attached document for full details. (ps1)
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| Filing 18 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. 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. (bb) |
| Filing 17 Case transferred in from Massachusetts; Case Number 1:20-cv-10300. Electronic file including transfer order and docket sheet received. .(bb). |
| Filing 16 Case transferred to the Southern District of Florida, Miami Division. Electronic case file sent to Clerk in that district. (Pacho, Arnold) |
| Filing 15 Judge Richard G. Stearns: ELECTRONIC ORDER entered re #14 Motion to Transfer. The court apologizes for the delay. The motion is allowed. In accordance with the court's Order [Dkt # 13], the case is hereby transferred to the United States District Court for the Southern District of Florida, Miami Division. (Pacho, Arnold) |
| Filing 14 First MOTION to Transfer Case by Thomas J Barron.(Barron, Thomas) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 Motion to Transfer Case. Plaintiff Thomas Barron worked as the Chief Sales Officer for defendant US Med Acquisitions, Inc. (US Med). Upon the termination of his employment with US Med, Barron signed a Separation Agreement which obligated US Med to make $100,000 in severance payments. The Separation Agreement also included a forum selection clause entitled Submission to Jurisdiction; Consent to Service of Process, which specifically states:"You and the Company each hereby expressly and irrevocably submits to the exclusive jurisdiction and exclusive venue of any federal or state court of competent jurisdiction in Miami-Dade County in the State of Florida for any dispute arising out of or relating to this Agreement or any of the transactions contemplated hereby and you and the Company each irrevocably agrees that all claims in respect of such dispute or any suit, action, or proceeding related thereto shall be heard and determined such courts. Each party hereby irrevocably waives to the fullest extent permitted by applicable law, any objection that such party may now have to the laying of venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each party hereby waives any defense of lack of personal jurisdiction in Florida. Each of the parties agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law." Compl., Ex. A 19. Barron's August 2016 Employment Agreement with US Med contained an identical forum selection clause. See Def.'s Mem., Ex. A 8(b).Barron brought this lawsuit seeking a declaration invalidating various restrictive covenants set forth in the Separation Agreement. US Med, invoking the forum selection clause, moves to transfer the case to Florida or, in the alternative, to dismiss Barron's claims. While conceding Florida as the appropriately agreed forum, Barron maintains that litigating the case in Florida is a personal inconvenience (although Barron, who is a lawyer, argues for the application of Florida law in opposing substantive portions of US Med's motion to dismiss). The language of the forum selection clauses is clear and unambiguous. It requires, without any reservation, that state and federal courts in Miami-Dade County, Florida have exclusive jurisdiction over all disputes arising from the Separation Agreement and Barrons employment relationship with US Med. The First Circuit has consistently held that forum selection clauses that contain operative commands such as "shall," and "exclusive," are binding and mandatory. See, e.g., Claudio-De Leon v. Sistema Universitario Ana G. Mendez, 775 F.3d 41, 46-47 (1st Cir. 2014). Moreover, as instructed in Atl. Mar. Constr. Co., Inc. v. U.S. Dist. Ct. for the W. Dist. of Texas, 571 U.S. 49 (2013), when parties knowingly and voluntarily agree to a valid forum selection clause, that clause "represents [their] agreement as to the most proper forum [and is] given controlling weight in all but the most exceptional cases." Id. at 63 ("Only under extraordinary circumstances unrelated to the convenience of the parties should a 1404(a) motion be denied."). Barron's "choice of a [Massachusetts] forum [consequently] merits no weight." Id. The case will be transferred to the federal court in Miami, Florida, unless, within the next seven days, Barron chooses to have the declaratory judgment case dismissed without prejudice. SO ORDERED.(Zierk, Marsha) |
| Filing 12 First Opposition re #9 MOTION to Transfer Case or in the Alternative to Dismiss, to Southern District of Florida. filed by Thomas J Barron. (Barron, Thomas) |
| Filing 11 NOTICE of Appearance by Nicholas W. Allen on behalf of US Med Acquisition, Inc. (Allen, Nicholas) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Transfer Case or in the Alternative to Dismiss, to Southern District of Florida. filed by US Med Acquisition, Inc.. (Attachments: #1 Exhibit A - Employment Agreement)(McKelway, John) |
| Filing 9 MOTION to Transfer Case or in the Alternative to Dismiss, to Southern District of Florida. by US Med Acquisition, Inc..(McKelway, John) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by US Med Acquisition, Inc.. (McKelway, John) |
| Filing 7 NOTICE of Appearance by John M. McKelway, Jr on behalf of US Med Acquisition, Inc. (McKelway, John) |
| Filing 6 SUMMONS Returned Executed US Med Acquisition, Inc. served on 2/21/2020, answer due 3/13/2020. (Barron, Thomas) |
| Filing 5 Summons Issued as to US Med Acquisition, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 4 Civil Cover Sheet & Category Sheet re 2 Notice (Other), #1 Complaint by Thomas J Barron. (Barron, Thomas) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 2 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Civil Action Cover Sheet and Local Category Form. The forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (McDonagh, Christina) |
| Filing 1 COMPLAINT against US Med Acquisition, Inc. Filing fee: $ 400, receipt number 0101-8109396 (Fee Status: Filing Fee paid), filed by Thomas J Barron. (Attachments: #1 Exhibit, #2 Exhibit)(Barron, Thomas) |
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| Plaintiff: Thomas J Barron | |
| Represented By: | Thomas M. Barron |
| Represented By: | Jordan David Maglich |
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| Defendant: US MED Acquisition, Inc. | |
| Represented By: | Nicholas W. Allen |
| Represented By: | Lillian Chaves Moon |
| Represented By: | John M. McKelway, Jr. |
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