Julisa, LLC et al v. Avers et al
| JULISA, LLC, JACQUELINE MIGUEL and JOZEF OPDEWEEGH |
| KENNY WHITTENBERG, KEN WHITTENBERG, TODD BRAINERD, VERISTAR, LLC, TEFFT SMITH, RICHARD AVERS and CHARLES GARDINER |
| 1:2020cv23203 |
| August 3, 2020 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jonathan Goodman |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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Filing 66
ORDER granting #65 Motion for Extension of Time to File Response Re: #60 Defendant's MOTION TO DISMISS #49 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Kenny Whittenberg, Charles Gardiner, Tefft Smith, Ken Whittenberg, Veristar, LLC, Richard Avers. Responses due by 10/12/2020. Signed by Judge Cecilia M. Altonaga on 9/28/2020. See attached document for full details. (ps1)
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| Filing 65 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Motion to Dismiss Amended Complaint by Julisa, LLC. (Richard, Barry) |
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Filing 64
ORDER denying #63 Motion for Extension of Time. Signed by Judge Cecilia M. Altonaga on 9/25/2020. See attached document for full details. (ps1)
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| Filing 63 Unopposed MOTION for Extension of Time to file response to Motion to Dismiss Amended Complaint by Julisa, LLC. Responses due by 10/9/2020 (Richard, Barry) |
| Filing 62 NOTICE of Filing Affidavit of Charles Gardner by Charles Gardiner re #60 Defendant's MOTION TO DISMISS #49 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #49 Amended Complaint/Amended Notice of Removal (Attachments: #1 Affidavit of Charles Gardner) (Arthur, Ethan) |
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Filing 61
ORDER Scheduling Mediation before Pamela Perry. Mediation Hearing set for 11/10/2020. 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 9/16/2020. See attached document for full details. (wc)
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| Filing 60 Defendant's MOTION TO DISMISS #49 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Dismiss for Lack of Jurisdiction #49 Amended Complaint/Amended Notice of Removal ( Responses due by 9/28/2020) by Richard Avers, Charles Gardiner, Tefft Smith, Veristar, LLC, Ken Whittenberg, Kenny Whittenberg. (Attachments: #1 Exhibit 1-5/19 Annual Report, #2 Exhibit 2-Affidavit of Tefft Smith)(Arthur, Ethan) |
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Filing 58
ORDER that on or before September 15, 2020, the parties shall e-mail a proposed order scheduling mediation to altonaga@flsd.uscourts.gov in accordance with the CM/ECF Administrative Procedures. Signed by Judge Cecilia M. Altonaga on 9/14/2020. See attached document for full details. (wc)
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| Filing 59 Clerks Notice to Filer. Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (jas) |
| Filing 57 NOTICE by Richard Avers, Charles Gardiner, Tefft Smith, Veristar, LLC, Ken Whittenberg, Kenny Whittenberg re #54 Order on Motion for Extension of Time, Notice of Mediation (Cohen, Jordan) |
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Filing 56
ORDER granting #55 Unopposed Motion for Extension of Time to Respond to the Amended Complaint. Defendants shall file a singled combined response or their separate answers to the Amended Complaint no later than September 14, 2020. Signed by Judge Cecilia M. Altonaga on 9/8/2020. See attached document for full details. (wc)
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| Filing 55 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #49 Amended Complaint/Amended Notice of Removal by Richard Avers, Todd Brainerd, Charles Gardiner, Tefft Smith, Veristar, LLC, Ken Whittenberg, Kenny Whittenberg. (Attachments: #1 Text of Proposed Order)(Arthur, Ethan) |
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Filing 54
ORDER granting #53 Joint Motion for Extension of Time to File Proposed Order Scheduling Mediation. The parties shall select the date and time for mediation and file a proposed order scheduling mediation on or before September 11, 2020. Signed by Judge Cecilia M. Altonaga on 8/31/2020. See attached document for full details. (wc)
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| Filing 53 Joint MOTION for Extension of Time to file Proposed Order Scheduling Mediation re #41 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,,, Order Referring Case to Mediation,,, by Richard Avers, Todd Brainerd, Charles Gardiner, Tefft Smith, Veristar, LLC, Ken Whittenberg, Kenny Whittenberg. Responses due by 9/11/2020 (Attachments: #1 Text of Proposed Order)(Cohen, Jordan) |
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Filing 52
ORDER STRIKING #51 Notice (Other) filed by Julisa, LLC. Signed by Judge Cecilia M. Altonaga on 8/25/2020. See attached document for full details. (wc)
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| Filing 51 (STRICKEN by DE#52 .) NOTICE by Julisa, LLC of Deposition of Rick Avers (Richard, Barry) Modified to reflect "stricken" on 8/25/2020 (wc). |
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Filing 50
ORDER that Defendants shall submit a single combined response or separate answers within the time permitted by the Rules. Signed by Judge Cecilia M. Altonaga on 8/24/2020. See attached document for full details. (wc)
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| Filing 49 AMENDED COMPLAINT against All Defendants, filed by Julisa, LLC.(Richard, Barry) |
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Filing 48
ORDER granting #44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark D. Belongia. Mark D. Belongia may appear and participate in this action on behalf of Defendants, Richard Avers, Todd Brainerd, Charles Gardiner, Tefft Smith, Ken Whittenberg, Kenny Whittenberg and Veristar, LLC. Signed by Judge Cecilia M. Altonaga on 8/13/2020. See attached document for full details. (wc)
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Filing 47
ORDER granting #45 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel R. Ahasay. Daniel R. Ahasay may appear and participate in this action on behalf of Defendants, Richard Avers, Todd Brainerd, Charles Gardiner, Tefft Smith, Ken Whittenberg, Kenny Whittenberg and Veristar, LLC. Signed by Judge Cecilia M. Altonaga on 8/13/2020. See attached document for full details. (wc)
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Filing 46
PAPERLESS ORDER granting #44 , #45 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Mark D. Belongia and Daniel R. Ahasay. Signed by Magistrate Judge Jonathan Goodman on 8/13/2020. (jzn)
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| Filing 45 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel R. Ahasay. Filing Fee $ 200.00 Receipt # AFLSDC-13344864 by Richard Avers, Todd Brainerd, Charles Gardiner, Tefft Smith, Veristar, LLC, Ken Whittenberg, Kenny Whittenberg. Responses due by 8/27/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Cohen, Jordan) |
| Filing 44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark D. Belongia. Filing Fee $ 200.00 Receipt # AFLSDC-13344714 by Richard Avers, Todd Brainerd, Charles Gardiner, Tefft Smith, Veristar, LLC, Ken Whittenberg, Kenny Whittenberg. Responses due by 8/27/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Cohen, Jordan) |
| Filing 43 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Julisa, LLC (Richard, Barry) |
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Filing 42
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/10/2020. See attached document for full details. (fbn)
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Filing 41
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. Jury Trial set for 6/21/2021 in Miami Division before Judge Cecilia M. Altonaga. Calendar Call set for 6/15/2021 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. Amended Pleadings and Joinder of Parties due by 9/21/2020. Discovery, including Expert Discovery, due by 2/15/2021. Mediation Deadline 2/19/2021. All pre-trial and Daubert Motions due by 3/2/2021. Joint Pretrial Stipulation and In Limine Motions due by 4/9/2021. Signed by Judge Cecilia M. Altonaga on 8/10/2020. See attached document for full details. (wc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 40
ORDER denying as moot #7 Motion to Dismiss the Complaint; Plaintiff, Julisa, LLC, shall file an amended complaint by August 24, 2020; denying as moot #34 Unopposed Motion for Leave to File Out of Time Reply in Support of Motion to Dismiss. Signed by Judge Cecilia M. Altonaga on 8/10/2020. See attached document for full details. (wc)
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| Filing 39 PAPERLESS Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 8/10/2020 re #34 Unopposed MOTION for Leave to File a Reply to the Motion to Dismiss filed by KEN WHITTENBERG, CHARLES GARDINER, TODD BRAINERD, KENNY WHITTENBERG, VERISTAR, LLC, RICHARD AVERS, TEFFT SMITH. Total time in court: 12 minutes. Attorney Appearance(s): Jordan Scott Cohen, Ethan Alexander Arthur, Barry Scott Richard, Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (mc00) |
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Filing 38
ORDER Plaintiff shall comply with the August 3, 2020 Order requiring the parties to file certificates of interested parties and corporate disclosure statements [ECF No. 32] by August 12, 2020, failing which the case will be dismissed without prejudice. Signed by Judge Cecilia M. Altonaga on 8/10/2020. See attached document for full details. (wc)
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| Filing 37 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG (Arthur, Ethan) |
| Filing 36 Joint SCHEDULING REPORT - Rule by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG (Attachments: #1 Text of Proposed Order)(Arthur, Ethan) |
| Filing 35 PAPERLESS NOTICE of Hearing on #34 Unopposed MOTION for Leave to File a Reply to the Motion to Dismiss: Telephonic Motion Hearing set for 8/10/2020 02:00 PM in Miami Division before Judge Cecilia M. Altonaga. The parties may appear by phone and are instructed to call 1-888-684-8852 on the date and time set forth above and wait for your case to be called. The access code is 3156459 and the security code is 5510. FOR CLARITY, PLEASE DO NOT USE A SPEAKER PHONE, AND AVOID USING A CELL PHONE IF POSSIBLE. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (ps1) |
| Filing 34 Unopposed MOTION for Leave to File a Reply to the Motion to Dismiss by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG. Attorney Ethan Alexander Arthur added to party RICHARD AVERS(pty:dft), Attorney Ethan Alexander Arthur added to party TODD BRAINERD(pty:dft), Attorney Ethan Alexander Arthur added to party CHARLES GARDINER(pty:dft), Attorney Ethan Alexander Arthur added to party TEFFT SMITH(pty:dft), Attorney Ethan Alexander Arthur added to party VERISTAR, LLC(pty:dft), Attorney Ethan Alexander Arthur added to party KEN WHITTENBERG(pty:dft), Attorney Ethan Alexander Arthur added to party KENNY WHITTENBERG(pty:dft). (Attachments: #1 Text of Proposed Order)(Arthur, Ethan) |
| Filing 33 Bar Letter re: Admissions sent to attorney Jeffrey Andrew Foster and William B. Graham, mailing date August 3, 2020, (pt) |
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Filing 32
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 8/7/2020. Signed by Judge Cecilia M. Altonaga on 8/3/2020. See attached document for full details. (ps1)
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| Filing 31 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 30 Case transferred in from Florida Northern; Case Number 4:20-cv-00255. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 29
ORDER GRANTING MOTION TO TRANSFER - Defendant's Motion to Transfer, ECF No. #8 , is GRANTED. The Clerk shall terminate all other pending motions, take all steps necessary to transfer this action to the United States District Court for the Southern District of Florida and close the file. Signed by CHIEF JUDGE MARK E WALKER on 7/30/2020. (cle)
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| Filing 28 NOTICE of Cancellation of Deposition by JULISA, LLC (RICHARD, BARRY) |
| Filing 27 RULE 26 Disclosures by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG. (GRAHAM, WILLIAM) |
| Set Discovery Status Report Deadline - Status Report due by 8/17/2020. (cle) |
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Filing 26
ORDER EXTENDING CUTOFF DATE TO AMEND PLEADINGS - Joint Motion to Extend Cutoff Date to Amend Pleadings, ECF No. #25 , is GRANTED. The cutoff dates for the parties to amend pleadings are extendedfor Plaintiff, fifteen (15) days after Defendants' motion to dismiss is resolved, and for Defendants thirty (30) days after their motion to dismiss is resolved. Signed by CHIEF JUDGE MARK E WALKER on 7/14/2020. (cle)
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| Filing 25 Joint MOTION for Extension of Time to Amend Pleadings by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG. (COHEN, JORDAN) |
| Filing 24 STATUS REPORT JOINT by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG. (GRAHAM, WILLIAM) |
| Filing 23 RULE 26 Disclosures by JULISA, LLC. (RICHARD, BARRY) |
| Filing 21 RULE 26 Disclosures by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG. (GRAHAM, WILLIAM) |
| Set Discovery Status Report Deadline - Status Report due by 7/15/2020. (cle) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed re: #19 The deadline to file the monthly Discovery Status Report has expired. No Status Report filed. (cle) |
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Filing 22
AMENDED SCHEDULING AND MEDIATION ORDER - Discovery due by 11/10/2020. Dispositive Motions to be filed by 12/1/2020. Jury Trial set for 4/19/2021 at 8:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Case referred to mediation. Mediation Report due by 12/22/2020. Signed by CHIEF JUDGE MARK E WALKER on 6/12/2020. (cle)
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| Filing 20 REPLY to Response to Motion re #8 MOTION to Transfer Case to Southern District of Florida Due to Improper Venue filed by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG. (Attachments: #1 Exhibit 1, #2 Composite Exhibit A to Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (COHEN, JORDAN) |
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Filing 19
SCHEDULING AND MEDIATION ORDER - re: #17 Report of Rule 26(f) Planning Meeting. Discovery due by 11/10/2020. Dispositive Motions to be filed by 12/1/2020. Jury Trial set for 4/18/2021 at 8:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Case referred to mediation. Mediation Report due by 12/22/2020. Signed by CHIEF JUDGE MARK E WALKER on 6/5/2020. (cle)
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Filing 18
ORDER GRANTING LEAVE TO FILE REPLY - Defendant Veristar's Unopposed Motion for Leave to File Reply in Support of the Motion to Transfer Venue, ECF No. #16 , is GRANTED. Defendant Veristar may file its reply memorandum on or before 6/10/2020. Signed by CHIEF JUDGE MARK E WALKER on 6/5/2020. (cle)
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| Filing 17 REPORT of Rule 26(f) Planning Meeting. (RICHARD, BARRY) |
| Filing 16 MOTION for Leave to File re #8 MOTION to Transfer Case to Southern District of Florida Due to Improper Venue by RICHARD AVERS, TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG. (Attachments: #1 Text of Proposed Order) (COHEN, JORDAN) |
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Filing 15
ORDER DISMISSING PLAINTIFFS - re: #12 Notice of Voluntary Dismissal of Opdeweegh and Miguel Claims. The notice is effective without an order. This case shall continue with the remaining plaintiff, Julisa, LLC. Signed by CHIEF JUDGE MARK E WALKER on 6/2/2020. (cle)
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| Filing 14 RESPONSE to Motion re #7 MOTION to Dismiss The Complaint and Supporting Memorandum of Law filed by JULISA, LLC. (RICHARD, BARRY) |
| Filing 13 RESPONSE in Opposition re #8 MOTION to Transfer Case to Southern District of Florida Due to Improper Venue filed by JULISA, LLC. (RICHARD, BARRY) |
| Filing 12 NOTICE of Voluntary Dismissal by JACQUELINE MIGUEL, JOZEF OPDEWEEGH (RICHARD, BARRY) |
| Filing 11 NOTICE of Appearance by JORDAN SCOTT COHEN on behalf of All Defendants (COHEN, JORDAN) |
| Filing 10 Corporate Disclosure Statement/Certificate of Interested Persons by JULISA, LLC, JACQUELINE MIGUEL, JOZEF OPDEWEEGH. (RICHARD, BARRY) |
| Filing 9 Corporate Disclosure Statement/Certificate of Interested Persons by VERISTAR, LLC. (GRAHAM, WILLIAM) |
| Filing 8 MOTION to Transfer Case to Southern District of Florida Due to Improper Venue by VERISTAR, LLC. (Internal deadline for referral to judge if response not filed earlier: 6/1/2020). (Attachments: #1 Exhibit Exh. 1 - Aver's Affidavit, #2 Exhibit Exh. 2 - Julisa LLC Annual Report, #3 Exhibit Exh. 3 - Opdeweegh Deed SM, #4 Exhibit Exh. 4 - Certatech LLC Filing, #5 Exhibit Exh. 5 - Certatech LLC Reinstatement, #6 Exhibit Exh. 6 - Ceratech LLC Annual Report 2018) (GRAHAM, WILLIAM) |
| Filing 7 MOTION to Dismiss The Complaint and Supporting Memorandum of Law by TODD BRAINERD, CHARLES GARDINER, TEFFT SMITH, VERISTAR, LLC, KEN WHITTENBERG, KENNY WHITTENBERG. (Internal deadline for referral to judge if response not filed earlier: 6/1/2020). (Attachments: #1 Exhibit A-Veristar Certificate of Good Standing) (GRAHAM, WILLIAM) |
| Filing 6 Filing Fee: $400.00, receipt number FLN400039135. Fee status updated to paid. (cle) |
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Filing 5
INITIAL SCHEDULING ORDER - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/26/2020. Status Report due by 6/12/2020. Rule 26 Meeting Report due by 6/25/2020. Discovery due by 9/9/2020. Signed by CHIEF JUDGE MARK E WALKER on 5/12/2020. (cle)
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| Filing 4 DOCKET ANNOTATION BY COURT: re: #1 Notice of Removal. To Attorney WILLIAM GRAHAM: Counsel is advised by this entry, that the $400 Filing Fee is DUE. You must contact the Court IMMEDIATELY to arrange payment of this fee. (cle) |
| Filing 3 DOCKET ANNOTATION BY COURT: re: #1 Notice of Removal. To: Attorney WILLIAM GRAHAM: Counsel is advised by this entry, that a Civil Cover Sheet must be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents". PLEASE RE-FILE THE CIVIL COVER SHEET. Further, a NOTICE OF REMOVAL should be filed using the event "NOTICE OF REMOVAL" which is found under "Initial Pleadings and Service" under " Complaints and Other Initiating Documents". Please review Chapter 7, the procedure for E-Filing Documents in Civil Cases in the "CM/ECF Attorney User's Guide". (cle) |
| CHIEF JUDGE MARK E WALKER and MAGISTRATE JUDGE MARTIN A FITZPATRICK added. (cle) |
| Filing 2 NOTICE to Adverse Parties by TODD BRAINERD (GRAHAM, WILLIAM) |
| Filing 1 NOTICE of Removal by TODD BRAINERD (Attachments: #1 Exhibit to Notice of Removal, #2 Civil Cover Sheet) (GRAHAM, WILLIAM) |
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