Bluegreen Vacations Unlimited, Inc. et al v. Timeshare Lawyers, P.A. et al
| Bluegreen Vacations Unlimited, Inc. and Bluegreen Vacations Corporation |
| Timeshare Lawyers d/b/a FEDERAL FINANCIAL LAW GROUP, Patrick Thompson, Carlsbad Law Group, LLP, VCF ENTERPRISES, LLC, Esq. J.L. Sean Slattery, Bigly Internet Marketing, LLC, Rich Folk, Paddy Deighan, M.D. William Wilson, Yuge Internet Marketing, LLC, MG&N GROUP LLC d/b/a NATIONAL CREDIT REHAB, Gallagher-Clifton, LLC, Angela Consalvo, David Crader, Pandora Marketing, LLC dba Timeshare Compliance, Paul Stewart, Timeshare Lawyers, P.A. a Florida corporation doing business as FEDERAL FINANCIAL LAW GROUP, Pandora Marketing, LLC a Wyoming limited liability company doing business as TIMESHARE COMPLIANCE, MG&N GROUP LLC a Florida limited liability company doing business as NATIONAL CREDIT REHAB and Bo Wilson |
| 1:2020cv24681 |
| November 13, 2020 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Trademark |
| 28 U.S.C. § 1331 Federal Question |
| Defendant |
Docket Report
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Filing 464
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson re 459 Order Setting/Cancelling Hearing,,,, Defendants Pandora Marketing, LLC, Rich Folk, William Wilson, Carlsbad Law Group, LLP and J.L. "Sean" Slattery's Brief on Plaintiffs' Lack of Entitlement to Disgorgement Under the Lanham Act Pursuant to the Court's Order DE 459 (Attachments: #1 Exhibit Exhibit 1 - Brief on Disgorgement, #2 Exhibit Exhibit 2 - Brief on Disgorgement, #3 Exhibit Exhibit 3 - Brief on Disgorgement, #4 Exhibit Exhibit 4 - Brief on Disgorgement) (Benford, John)
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Filing 463
PAPERLESS ORDER requiring expedited briefing. The Plaintiffs have filed #462 an amended expedited motion for preliminary injunction, asking the Court to take up the motion at the pre-trial hearing presently scheduled for May 30, 2023. Because the Court agrees that it would be beneficial to take up this issue at the May 30, 2023, hearing, the Court orders the Defendants to file a joint response to the Plaintiffs' motion on or before May 25, 2023, to which the Plaintiffs may reply on or before May 26, 2023. The Court notes that the parties' briefing should address the scope of any preliminary injunction pursuant to FDUPTA, in light of the Court's specification on summary judgment that "as to the Florida timeshare owners, the conduct at issue here falls within FDUPTA's purview." (Summ. J. Order 26, ECF No. 437 (emphasis added).) Signed by Judge Robert N. Scola, Jr. (abo)
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Set/Reset Deadlines/Hearings per order de#463 as to #462 Amended MOTION for Preliminary Injunction . Responses due by 5/25/2023 Replies due by 5/26/2023. (drz)
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Filing 462
Amended MOTION for Preliminary Injunction by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Text of Proposed Order Proposed Preliminary Injunction)(Leger, Christian)
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Filing 461
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson re #460 Plaintiff's EXPEDITED MOTION For Preliminary Injunction And Incorporated Memorandum of Law DEFENDANTS' OBJECTION TO PLAINTIFFS' REQUEST FOR EXPEDITED CONSIDERATION PURSUANT TO LOCAL RULE 7.1(D)(2) (Benford, John)
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Filing 460
Plaintiff's EXPEDITED MOTION For Preliminary Injunction And Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit Proposed Preliminary Injunction)(Leger, Christian)
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Filing 459
PAPERLESS ORDER: As stated on the record in open court, the pretrial hearing scheduled for May 16, 2023, at 1:30 p.m. is reset to May 30, 2023, from 10:30 a.m. 12:00 p.m. At that time, the Court will hear argument on any outstanding pretrial matters, including the parties' pending motions in limine and Daubert motions. The parties must submit a joint status report on or before May 25, 2023, outlining any issues they are withdrawing from the Court's consideration in light of the Court's summary judgment rulings and the fact that this case is now proceeding as a bench trial. (See ECF Nos. 437, 458.) In addition, on or before May 22, 2023, the Defendants shall file their supplemental brief on the Plaintiffs' entitlement to disgorgement under the Lanham Act. The Plaintiffs shall respond on or before May 26, 2023. The parties' supplemental briefs are limited to five (5) pages each. Finally, the Court reserves ruling on the final date(s) for the bench trial, but reminds the parties that they should block off the week of August 21, 2023, for now, as that is the only time that currently works for them all. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 458
ORDER granting #439 Motion for Bench Trial. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (abo)
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Set/Reset Deadlines/Hearings per order DE#459. Joint Status Report due by 5/25/2023. (drz)
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Filing 457
PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Calendar Call held on 5/16/2023 and Pretrial Conference held on 5/16/2023. Based on the matters presented in open court, the trial will not proceed as presently scheduled for the two-week trial period commencing 5/22/2023. The trial will be rescheduled to a later date by separate order. Total time in court: 50 minutes. Attorney Appearance(s): Eric Christu, Christian Michael Leger, Brian L Wagner, John Yates Benford, and Patrick A. Bradford. Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. (jh)
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Filing 456
PAPERLESS ORDER setting pretrial hearing. A pretrial hearing is set before this Court in the United States Courthouse located at the Wilkie D. Ferguson, Jr., U.S. Courthouse, 400 North Miami Avenue, Miami, Florida, 33128, Courtroom 12-3, on Tuesday, May 16, 2023, at 1:30 P.M., at which time the Court will hear argument on any outstanding pretrial matters, including the parties' pending motions in limine and Daubert motions. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 455
ORDER granting #454 Motion to Bring Electronic Equipment into the Courtroom. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (abo)
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Filing 454
Joint MOTION to Bring Electronic Equipment into the courtroom Joint Motion For Leave to Bring Electronic and Technical Devices into Court For Use During Trial by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 5/30/2023 (Elliott, Benjamin)
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Filing 453
MEMORANDUM of Law re 449 Order on Motion for Leave to File,, Plaintiffs' Memorandum of Law in Regard to Deposition Objections by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit A - Composite Depos, #2 Exhibit B - Pandora Mktg Answers 1st Roggs, #3 Exhibit C - Amended Complaint, #4 Exhibit D - Executed Confidentiality Agmt)(Elliott, Benjamin)
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Filing 452
ORDER denying #451 Motion for Reconsideration re #437 Omnibus Order on Motions for Summary Judgment. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (abo)
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Filing 451
MOTION for Reconsideration re #437 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,, Pursuant to Federal Rule of Civil Procedure 59(E) by Rich Folk, Pandora Marketing, LLC, William Wilson. (Attachments: #1 Exhibit Ex 1 - Plaintiff Bluegreen's Response to Defendants' Second Request for Production)(Benford, John)
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Filing 450
REPLY to Response to Motion re #439 MOTION Bench Trial Pursuant to Federal Rule of Civil Procedure 39 Plaintiffs' Motion for Bench Trial Pursuant to Federal Rule of Civil Procedure 39 and Incorporated Memorandum of Law Plaintiffs' Reply in Support of Motion For Bench Trial [ECF No. 439] filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 449
PAPERLESS ORDER: The Court grants in part and denies in part #416 the Plaintiffs' motion for leave to file supplemental brief to the parties' joint objections to deposition designations and counter-designations. The Plaintiffs may file a supplemental brief of no more than five (5) pages addressing only the Defendants' arguments regarding the Wyndham Litigation depositions set forth in the joint objections to deposition designations and counter-designations. The Plaintiffs' brief is due on or before Friday, May 12, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 448
RESPONSE to Motion re #439 MOTION Bench Trial Pursuant to Federal Rule of Civil Procedure 39 Plaintiffs' Motion for Bench Trial Pursuant to Federal Rule of Civil Procedure 39 and Incorporated Memorandum of Law Defendants' Joint Response to Plaintiffs' Motion for a Bench Trial filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 5/16/2023. (Benford, John)
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Filing 447
CLERK'S NOTICE - Attorney Admissions has updated the address information for attorney John Yates Benford. (cw)
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Filing 446
NOTICE of Change of Address, Email or Law Firm Name by John Yates Benford (Benford, John)
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Filing 445
PAPERLESS ORDER denying as moot #354 the Lawyer Defendants' unopposed motion to bifurcate determination of the amount of punitive damages at trial. The Plaintiffs have recently filed #438 a notice of withdrawal of request for legal relief (monetary damages), which specifies that they will only proceed with their requests for equitable relief, including a permanent injunction and disgorgement of the Defendants' profits, as well as an award of attorney's fees and costs. Accordingly, the Lawyer Defendants' motion to bifurcate is now moot. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 444
PAPERLESS ORDER denying #351 the Lawyer Defendants' motion to allow live remote testimony at trial of Bluegreen owners upon good cause. Although titled as a "motion to allow live remote testimony at trial," the Lawyer Defendants' motion does not, in fact, petition the Court to allow remote testimony, but instead seeks an indefinite extension of the January 27, 2023, deadline in which to submit requests for such relief. As the Lawyer Defendants themselves summarize in their reply "the purpose of the [m]otion is simply to keep the door open to allow the parties to apply to the Court to permit Bluegreen Owners to appear at trial via Zoom or similar technology if the Court determines that just cause is established as to that owner." (See ECF No. 379.) However, as the Plaintiffs correctly point out, Fed. R. Civ. P. 16(b)(4) prescribes that the Court's "schedule may be modified only for good cause and with the judge's consent," and the Lawyer Defendants' motion is devoid of any reason why they were unable to submit their actual requests to allow the live remote testimony of Bluegreen owners by the January 27, 2023, deadline. Should the Lawyer Defendants deem it necessary to petition the Court for such relief, they may file a motion no later than May 15, 2023, that sets forth (i) the particular witnesses for which such request is being made, (ii) good cause for why those witnesses should be allowed to testify virtually, and (iii) good cause for why the request could not have been made by the January 27, 2023, deadline. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 443
PAPERLESS ORDER granting #430 the Defendants' unopposed, joint request for a pretrial conference to take place after calendar call. At the conclusion of the Court's calendar call, on May 16, 2023, the Court will recall this matter for conference. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 442
PAPERLESS ORDER granting in part and denying in part #440 the Plaintiffs' motion for an extension of the deadline to file jury instructions until five (5) days after the Court rules on the Plaintiffs' motion for a bench trial. The parties have up to and including two (2) days after the Court rules on the Plaintiffs' motion for a bench trial to file their proposed jury instructions. Should the Court grant the Plaintiffs' motion for a bench trial, the parties must file their proposed findings of fact and conclusions of law within the same time. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 441
PAPERLESS ORDER: The Plaintiffs have filed a motion for bench trial pursuant to Fed. R. Civ. Pro. 39. (See ECF No. #439 .) Because the trial date in this matter is quickly approaching, with Calendar Call scheduled for May 16, 2023, the Court orders the Defendants to file responses to Bluegreen's motion on or before May 9, 2023. Should Plaintiffs deem it necessary to submit replies, they must do so on or before May 10, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 440
EXPEDITED MOTION Extend Deadline to File Jury Instructions Expedited Motion to Extend Deadline to File Jury Instructions and Incorporated Memorandum of Law re 413 Order on Motion for Extension of Time, by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Elliott, Benjamin)
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Filing 439
MOTION Bench Trial Pursuant to Federal Rule of Civil Procedure 39 Plaintiffs' Motion for Bench Trial Pursuant to Federal Rule of Civil Procedure 39 and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit 1 - Bloom Mot for Bench Trial Order)(Leger, Christian)
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Filing 438
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. Plaintiffs' Notice of Withdrawal of Request For Legal Relief (Monetary Damages) (Leger, Christian)
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Set/Reset Deadlines/Hearings per order de#441 as to #439 MOTION Bench Trial Pursuant to Federal Rule of Civil Procedure 39 Plaintiffs' Motion for Bench Trial Pursuant to Federal Rule of Civil Procedure 39 and Incorporated Memorandum of Law. Responses due by 5/9/2023 Replies due by 5/10/2023. (drz)
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Filing 437
ORDER granting in part and denying in part #270 Motion for Partial Summary Judgment; denying #274 Motion for Summary Judgment; denying #276 Motion for Summary Judgment. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (abo)
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Filing 436
PAPERLESS ORDER: The Court grants #434 counsel's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Lisa Hershman is given permission to appear and participate in this matter on behalf of the Defendants Pandora Marketing, LLC, Rick Folk, and William Wilson. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the Motion. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 435
PAPERLESS ORDER: The Court grants #433 counsel's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Julie Capehart is given permission to appear and participate in this matter on behalf of the Defendants Pandora Marketing, LLC, Rick Folk, and William Wilson. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the Motion. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 434
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lisa Hershman. Filing Fee $ 200.00 Receipt # AFLSDC-16575391 by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 5/11/2023 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Benford, John)
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Filing 433
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Julie Capehart. Filing Fee $ 200.00 Receipt # AFLSDC-16575330 by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 5/11/2023 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice)(Benford, John)
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Filing 432
PAPERLESS ORDER: The Court grants #431 Benjamin Travis Brown's unopposed motion to withdraw as counsel for Plaintiffs. Attorney Benjamin Travis Brown is relieved of any further responsibility as counsel of record for the Plaintiffs in this matter. The Plaintiffs have been informed of the change and will continue to be represented by Shutts & Bowen, LLP. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 431
Unopposed MOTION to Withdraw as Attorney by Benjamin Travis Brown for / by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 5/5/2023 (Brown, Benjamin)
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Filing 430
Joint MOTION for Hearing Request for Pretrial Conference by Carlsbad Law Group, LLP, Rich Folk, Pandora Marketing, LLC, J.L. Sean Slattery, William Wilson. (Wagner, Brian)
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Filing 429
PAPERLESS ORDER: In accordance with #428 the parties' joint notice of scheduling conflicts affecting trial, the Court orders that trial is continued to the two-week trial period beginning on May 22, 2023. Calendar call will be held at 9:00 a.m. on the preceding Tuesday, May 16, 2023, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 N. Miami Avenue, Courtroom 12-3, Miami, Florida. Signed by Judge Robert N. Scola, Jr. (abo)
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Set/Reset Deadlines/Hearings per order de#429. Calendar Call set for 5/16/2023 09:00 AM in Miami Division before Judge Robert N. Scola Jr.. Jury Trial set for 5/22/2023 before Judge Robert N. Scola Jr.. (drz)
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Filing 428
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #427 Order on Motion to Continue Joint Notice of Scheduling Conflicts Affecting Trial (Leger, Christian)
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Filing 427
ORDER denying #420 the Plaintiffs' Expedited Second Motion to Continue Trial. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (abo)
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Filing 426
REPLY to Response to Motion re #420 MOTION to Continue Plaintiffs' Expedited Second Motion to Continue Trial and Incorporated Memorandum of Law Plaintiffs' Reply in Support of Expedited Second Motion to Continue Trial [ECF No. 420] filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit Ex 1 - Lawyer Defs Email, #2 Exhibit Ex 2 - Marketing Defs Email)(Leger, Christian)
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Filing 425
REPLY to #423 Response in Opposition to Motion, Plaintiffs' Reply in Support of Expedited Second Motion to Continue Trial [ECF No. 420] by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit Ex 1 - Lawyer Defs Email, #2 Exhibit Ex 2 - Marketing Defs Email)(Leger, Christian)
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Filing 424
RESPONSE in Opposition re #420 MOTION to Continue Plaintiffs' Expedited Second Motion to Continue Trial and Incorporated Memorandum of Law Lawyer Defendants' Response to Plaintiffs' Second Motion for Continuance filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. Replies due by 4/19/2023. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5, #6 Exhibit Attachment 6)(Gabrielson, William)
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Filing 423
RESPONSE in Opposition re #420 MOTION to Continue Plaintiffs' Expedited Second Motion to Continue Trial and Incorporated Memorandum of Law filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 4/19/2023. (Attachments: #1 Exhibit Ex 1 - 4-3-23 Email from C Leger, #2 Exhibit Ex 2 - Email from Shutts to Montgomery)(Benford, John)
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Filing 422
PRETRIAL STIPULATION AMENDED JOINT PRETRIAL STATEMENT by Carlsbad Law Group, LLP, J.L. Sean Slattery (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Gabrielson, William)
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Filing 421
PAPERLESS ORDER: The Plaintiffs have filed #420 a second expedited motion to continue trial, which seeks a ruling from the Court by Friday, April 14, 2023. The Plaintiffs' certificate of conferral indicates that the Defendants do not agree to the relief sought in the motion. Accordingly, counsel for the Defendants Pandora Marketing, LLC, Rick Folk, and William Wilson, as well as for the Defendants Carlsbad Law Group, LLP and J.L. Slattery shall file responses explaining their respective positions on the Plaintiffs' motion on or before Friday, April 14, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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Set/Reset Deadlines/Hearings per order de#421 as to #420 MOTION to Continue Plaintiffs' Expedited Second Motion to Continue Trial and Incorporated Memorandum of Law. Responses due by 4/14/2023 (drz)
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Filing 420
MOTION to Continue Plaintiffs' Expedited Second Motion to Continue Trial and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 4/17/2023 (Attachments: #1 Exhibit Exhibit A: Order Continuing Hearing in Bankruptcy, #2 Exhibit Exhibit B: Declaration of Mark L. Tuft, Esq., #3 Exhibit Exhibit C: Declaration of Christian Leger, Esq., #4 Exhibit Exhibit D: Notice of Motion and Motoin for Relief from the Automatic Stay, #5 Exhibit Exhibit E: Amended Order to Continue Valuation Hearing, #6 Exhibit Exhibit F: Declaration of Peter Maskow, Esq.)(Christu, Eric)
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Filing 419
REPLY to Response to Motion re #416 MOTION for Leave to File Plaintiffs' Motion for Leave to File Supplemental Brief to the Parties' Joint Objections to Deposition Designations and Counter-Designations [ECF No. 411] and Supporting Memorandum of Law Plaintiffs' Reply in Support of Motion for Leave to File Supplemental Briefing to the Parties' Joint Objections to Deposition Designations and Counter-Designations filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Elliott, Benjamin)
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Filing 418
RESPONSE to Motion re #416 MOTION for Leave to File Plaintiffs' Motion for Leave to File Supplemental Brief to the Parties' Joint Objections to Deposition Designations and Counter-Designations [ECF No. 411] and Supporting Memorandum of Law Defendants' Joint Response to Plaintiffs' Motion for Leave to File Supplemental Brief and Defendants' Request for Expedited Relief filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 4/7/2023. (Attachments: #1 Exhibit)(Benford, John)
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Filing 417
STATUS REPORT Joint Status Report by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit A - Continued Hearing)(Elliott, Benjamin)
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Filing 416
MOTION for Leave to File Plaintiffs' Motion for Leave to File Supplemental Brief to the Parties' Joint Objections to Deposition Designations and Counter-Designations [ECF No. 411] and Supporting Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Elliott, Benjamin)
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Filing 415
PAPERLESS ORDER: The Court grants #414 the Defendants Pandora Marketing, LLC, Rick Folk, and William Wilson, as well as the Defendants Carlsbad Law Group, LLP and J.L. Slattery's joint motion for leave to amend #404 the parties' joint pre-trial statement. The Defendants' amendments shall be strictly limited to those outlined in their motion. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 414
Joint MOTION to Amend/Correct #404 Pretrial Stipulation, Defendants' Joint Motion for Leave to Amend Joint Pre-Trial Statement by Carlsbad Law Group, LLP, Rich Folk, Pandora Marketing, LLC, J.L. Sean Slattery, William Wilson. Responses due by 4/10/2023 (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5)(Gabrielson, William)
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Filing 413
PAPERLESS ORDER: The Court grants #412 the Parties' joint expedited motion to extend the deadline to file jury instructions. The Parties shall file their proposed jury instructions a minimum of fourteen (14) days prior to the first day of trial. As trial has been continued to the two-week trial period beginning on May 8, 2023, the Parties' jury instructions are currently due on or before April 24, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 412
Joint MOTION for Extension of Time to File Jury Instructions Joint Expedited Motion to Extend Deadline to File Jury Instructions, and Incorporated Memorandum re 289 Order on Expedited Motion,,,,, #400 Order on Expedited Motion, by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 4/6/2023 (Benford, John)
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Filing 411
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #386 Order JOINT OBJECTIONS TO DEPOSITION DESIGNATIONS AND COUNTER-DESIGNATIONS (Leger, Christian)
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Filing 410
ORDER granting #394 Expedited Motion to Strike Defendants' Motions in Limine [ECF Nos. 387, 388]. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (abo)
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Filing 409
REPLY to Response to Motion re #394 EXPEDITED MOTION To Strike Defendants' Motions In Limine [ECF No. 387, 388] Plaintiffs' Expedited Motion to Strike Defendants' Motions in Limine [ECF No. 387, 388] and Incorporated Memorandum of Law re #388 MOTION in Limine Plaintiffs' Reply in Support of EXPEDITED Motion to Strike Defendants' Motions in Limine [ECF No. 394] filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 408
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson re #389 Notice (Other) Defendants' Joint Objections to Plaintiffs' Counter-Designations (Benford, John)
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Filing 407
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson re #393 Notice (Other) Defendants' Joint Objections to Plaintiffs' Amended Deposition Designations and Counter-Designations (Benford, John)
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Filing 406
Proposed Voir Dire Questions by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 405
Proposed Voir Dire Questions by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John)
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Filing 404
PRETRIAL STIPULATION Joint Pretrial Statement by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit 1 - Plaintiffs Exhibit List, #2 Exhibit 2 - Pandora Folk Wilson Exhibit List, #3 Exhibit 3 - LD Exhibit List, #4 Exhibit 4 - Plaintiff Witness List, #5 Exhibit 5 - Pandora Folk Wilson Witness List, #6 Exhibit 6 - LD Witness List)(Leger, Christian)
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Filing 403
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #390 Notice (Other) Plaintiffs' Objections to Counter-Designations (Leger, Christian)
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Filing 402
PAPERLESS ORDER: The Court grants #399 the parties' joint motion for extension of time to file their joint objections to deposition designations and cross-designations. The parties have up to and including March 22, 2023, in which to file their joint objections. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 401
RESPONSE in Opposition re #394 EXPEDITED MOTION To Strike Defendants' Motions In Limine [ECF No. 387, 388] Plaintiffs' Expedited Motion to Strike Defendants' Motions in Limine [ECF No. 387, 388] and Incorporated Memorandum of Law re #388 MOTION in Limine OR IN THE ALTERNATIVE, MOTION FOR LEAVE TO PERMIT THE FILING OF THEIR MOTIONS IN LIMINE AND TO EXCEED THE 20-PAGE LIMIT filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 3/24/2023. (Benford, John)
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Filing 400
ORDER granting in part and denying in part #391 expedited motion for pretrial conference or, in the alternative, to continue trial. Trial is continued to the two-week trial period beginning on 5/8/2023. Calendar call is set for 5/2/2023 at 09:00 AM. Signed by Judge Robert N. Scola, Jr. See attached document for full details. (abo)
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Filing 399
Joint EXPEDITED MOTION For Extension of Time as to Joint Objections Joint Expedited Motion for Extension of Time as to Joint Objections re #386 Order by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit A - Email)(Leger, Christian)
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Filing 398
REPLY to Response to Motion re #391 EXPEDITED MOTION Pretrial Conference, or, in the Alternative, to Continue Trial Plaintiffs' Expedited Motion for Pretrial Conference, or, in the Alternative, to Continue Trial Plaintiffs' Reply in Support of Expedited Motion for Pretrial Conference, or, in the Alternative, to Continue Trial [ECF No. 391] filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 397
RESPONSE in Opposition re #391 EXPEDITED MOTION Pretrial Conference, or, in the Alternative, to Continue Trial Plaintiffs' Expedited Motion for Pretrial Conference, or, in the Alternative, to Continue Trial filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 3/23/2023. (Attachments: #1 Exhibit Ex 1 - Wyndham Request for Stay)(Benford, John)
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Filing 396
RESPONSE to Motion re #391 EXPEDITED MOTION Pretrial Conference, or, in the Alternative, to Continue Trial Plaintiffs' Expedited Motion for Pretrial Conference, or, in the Alternative, to Continue Trial Lawyer Defendants' Response to Plaintiffs' Expedited Motion for PreTrial Conference, or, in the Alternative, to Continue Trial filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. Replies due by 3/23/2023. (Gabrielson, William)
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Filing 395
PAPERLESS ORDER: The Plaintiffs have filed #394 an expedited motion to strike the Defendants' motions in limine, which seeks a ruling from the Court by Monday, March 20, 2023. The Plaintiffs' certificate of conferral indicates that the Defendants oppose the relief sought in the motion. Accordingly, counsel for the Defendants Pandora Marketing, LLC, Rick Folk, and William Wilson, as well as for the Defendants Carlsbad Law Group, LLP and J.L. Slattery shall file responses explaining their opposition to the Plaintiffs' motion on or before Friday, March 17, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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Set/Reset Deadlines/Hearings per order de#395 as to #394 EXPEDITED MOTION To Strike Defendants' Motions In Limine [ECF No. 387, 388] Plaintiffs' Expedited Motion to Strike Defendants' Motions in Limine [ECF No. 387, 388] and Incorporated Memorandum of Law re #388 MOTION in Limine. Responses due by 3/17/2023 (drz)
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Filing 394
EXPEDITED MOTION To Strike Defendants' Motions In Limine [ECF No. 387, 388] Plaintiffs' Expedited Motion to Strike Defendants' Motions in Limine [ECF No. 387, 388] and Incorporated Memorandum of Law re #388 MOTION in Limine to Exclude Plaintiffs' Deposition Designations of Jimmy Baskett, #387 Joint MOTION in Limine Defendants' Joint Motion in Limine to Exclude Plaintiffs' Deposition Designations and All Other Evidence from a Different Case and Motion to Require Parties to Combine All Designated Video Deposition Testimony into o by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 393
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #380 Notice (Other) Plaintiffs' Amended Deposition Designations (Leger, Christian)
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Filing 392
PAPERLESS ORDER: The Plaintiffs have filed #391 an expedited motion for pretrial conference or, in the alternative, to continue trial, which seeks a ruling from the Court by this Friday, March 17, 2023. The Plaintiffs' certificate of conferral indicates that the Defendants do not agree to the relief sought in the motion. Accordingly, counsel for the Defendants Pandora Marketing, LLC, Rick Folk, and William Wilson, as well as for the Defendants Carlsbad Law Group, LLP and J.L. Slattery shall file responses explaining their respective positions on the Plaintiffs' motion on or before Thursday, March 16, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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Set/Reset Deadlines/Hearings per order de#392 as to #391 EXPEDITED MOTION Pretrial Conference, or, in the Alternative, to Continue Trial Plaintiffs' Expedited Motion for Pretrial Conference, or, in the Alternative, to Continue Trial. Responses due by 3/16/2023 (drz)
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Filing 391
EXPEDITED MOTION Pretrial Conference, or, in the Alternative, to Continue Trial Plaintiffs' Expedited Motion for Pretrial Conference, or, in the Alternative, to Continue Trial by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit 1 - Petition for Bankruptcy, #2 Exhibit 2 - Hearing Transcript, #3 Exhibit 3 - Motion to Stay, #4 Exhibit 4 - Order Motion to Stay, #5 Exhibit 5 - Notice of Hearing)(Leger, Christian)
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Filing 390
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson re #380 Notice (Other) Defendants' Joint Objections to Deposition Designations and Counter-Designations (Benford, John)
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Filing 389
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #382 Notice (Other), #381 Notice (Other) Plaintiffs' Objections to Deposition Designations and Counter-Designations (Leger, Christian)
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Filing 388
MOTION in Limine to Exclude Plaintiffs' Deposition Designations of Jimmy Baskett by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John)
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Filing 387
Stricken per Order De #410 -Joint MOTION in Limine Defendants' Joint Motion in Limine to Exclude Plaintiffs' Deposition Designations and All Other Evidence from a Different Case and Motion to Require Parties to Combine All Designated Video Deposition Testimony into one Single Video per Witness at Trial by Rich Folk, Pandora Marketing, LLC, William Wilson. (Attachments: #1 Exhibit Ex A - Rule 26 Disclosure, #2 Exhibit Ex B - Confidentiality Agreement, #3 Exhibit Ex C - Composite Depo Trans Showing Confidential and AEO Status)(Benford, John) Modified text on 3/21/2023 (drz).
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Filing 386
Order Regarding Deposition Designations and Objections. Signed by Judge Robert N. Scola, Jr on 3/6/2023. See attached document for full details. (pc)
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Filing 385
PAPERLESS ORDER: The Court grants #384 the Parties' joint expedited motion for extension of time as to deposition designation and joint pretrial stipulation deadlines. The Parties' objections and counter-designations to deposition designations are due on or before March 10, 2023. Additionally, the Parties' objections to counter-designations and joint pretrial stipulation are due on or before March 17, 2023. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 384
Joint EXPEDITED MOTION For Extension of Time CORRECTED JOINT EXPEDITED MOTION FOR EXTENSION OF TIME AS TO DEPOSITION DESIGNATION AND PRETRIAL STIPULATION DEADLINES by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 383
Joint MOTION for Extension of Time As to Deposition Designations and Pretrial Stipulation JOINT EXPEDITED MOTION FOR EXTENSION OF TIME AS TO DEPOSITION DESIGNATION AND PRETRIAL STIPULATION DEADLINES by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 3/17/2023 (Leger, Christian)
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Filing 382
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson DEFENDANTS DEPOSITION DESIGNATIONS (Benford, John)
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Filing 381
NOTICE by Carlsbad Law Group, LLP, J.L. Sean Slattery Lawyer Defendants' Notice of Filing Designations of Deposition Testimony To Be Offered (Gabrielson, William)
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Filing 380
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. Plaintiffs' Deposition Designations (Leger, Christian)
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Filing 379
RESPONSE in Support re #351 MOTION Lawyer Defendants' Motion to Allow Live Remote Testimony at Trial of Bluegreen Owners Upon the Court Determining that Good Cause Exists and Memorandum in Support Thereof Lawyer Defendants' Reply in Support of Their Motion to Allow Parties to Apply to the Court to Have Witnesses Testify Remotely at Trial filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Gabrielson, William)
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Filing 378
REPLY to Response to Motion re #358 MOTION in Limine Lawyer Defendants' Motions in Limine and Memorandum in Support Thereof Lawyer Defendants' Reply (to Plaintiffs' ECF No. 365) in Support of Their Motion in Limine (ECF No. 358) filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Attachments: #1 Exhibit Attachment A)(Gabrielson, William)
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Filing 377
REPLY to Response to Motion re #355 MOTION Lawyer Defendants' Daubert Motion to Exclude Opinion Testimony of Mark Tuft Lawyer Defendants' Reply (to Plaintiffs' ECF No. 367) in Support of Their Daubert Motion (ECF No 355) filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Gabrielson, William)
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Filing 376
Amended REPLY to Response to Motion re #352 MOTION in Limine Omnibus Motion in Limine Reply in Further Support of Their Omnibus Motion in Limine filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John)
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Filing 375
REPLY to Response to Motion re #353 MOTION in Limine Daubert Motion to Exclude the Expert Report and Testimony of Plaintiffs' Expert Witness Mark L. Tuft Reply in Further Support of Their Daubert Motion to Exclude the Expert Report and Testimony of Plaintiffs' Expert Witness Mark L. Tuft filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John)
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Filing 374
REPLY to Response to Motion re #352 MOTION in Limine Omnibus Motion in Limine Reply in Further Support of Their Omnibus Motion in Limine filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John)
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Filing 373
REPLY to Response to Motion re #356 MOTION in Limine Plaintiffs' Motion in Limine Plaintiffs' Reply in Support of Motion in Limine Against Marketing Defendants filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 372
REPLY to Response to Motion re #356 MOTION in Limine Plaintiffs' Motion in Limine Plaintiffs' Reply in Support of Motion in Limine Against Lawyer Defendants filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit 1 - Hunt Deposition)(Leger, Christian)
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Filing 371
REPLY to Response to Motion re #357 MOTION in Limine Plaintiffs' DAUBERT Motion to Exclude Expert Opinion and Testimony of Daniel M. White Plaintiffs' Reply Brief in Support of Daubert Motion to Exclude Expert Opinions and Testimony of Daniel M. White, Esq. filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 370
REPLY to Response to Motion re #357 MOTION in Limine Plaintiffs' DAUBERT Motion to Exclude Expert Opinion and Testimony of Daniel M. White Plaintiffs' Reply Brief in Support of Daubert Motion to Exclude Expert Opinions and Testimony of Daniel M. White filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 369
RESPONSE in Opposition re #357 MOTION in Limine Plaintiffs' DAUBERT Motion to Exclude Expert Opinion and Testimony of Daniel M. White Lawyer Defendants' Response in Opposition to Plaintiffs' Daubert Motion filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. Replies due by 2/17/2023. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2)(Gabrielson, William)
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Filing 368
RESPONSE in Opposition re #353 MOTION in Limine Daubert Motion to Exclude the Expert Report and Testimony of Plaintiffs' Expert Witness Mark L. Tuft Plaintiffs' Response in Opposition to Marketing Defendants' Daubert Motion filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 2/17/2023. (Attachments: #1 Exhibit 1 - Tuft Report, #2 Exhibit 2 - White Report, #3 Exhibit 3 - Trial Transcript, #4 Exhibit 4 - Braun Dep)(Leger, Christian)
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Filing 367
RESPONSE in Opposition re #355 MOTION Lawyer Defendants' Daubert Motion to Exclude Opinion Testimony of Mark Tuft Plaintiffs' Response in Opposition to Lawyer Defendants' Daubert Motion filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 2/17/2023. (Attachments: #1 Exhibit 1 - Tuft Report, #2 Exhibit 2 - White Report, #3 Exhibit 3 - Slattery Dep, #4 Exhibit 4 - Tuft Dep, #5 Exhibit 5 - Marston Dep, #6 Exhibit 6 - King Dep, #7 Exhibit 7 - Trial Transcript)(Leger, Christian)
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Filing 366
RESPONSE in Opposition re #352 MOTION in Limine Omnibus Motion in Limine Plaintiffs' Response in Opposition to Marketing Defendants' Motion in Limine filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 2/17/2023. (Attachments: #1 Exhibit 1 - Slattery Dep, #2 Exhibit 2 - Westgate No 393, #3 Exhibit 3 - Wyndham ECF No. 844)(Leger, Christian)
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Filing 365
RESPONSE in Opposition re #358 MOTION in Limine Lawyer Defendants' Motions in Limine and Memorandum in Support Thereof Plaintiffs' Response in Opposition to Lawyer Defendants' Motion in Limine filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 2/17/2023. (Attachments: #1 Exhibit 1 - ECF 844, #2 Exhibit 2 - Slattery Dep, #3 Exhibit 3 - Rule 26 Disclosure)(Leger, Christian)
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Filing 364
RESPONSE in Opposition re #351 MOTION Lawyer Defendants' Motion to Allow Live Remote Testimony at Trial of Bluegreen Owners Upon the Court Determining that Good Cause Exists and Memorandum in Support Thereof Plaintiffs' Response in Opposition to Lawyer Defendants' Motion to Allow Remote Testimony at Trial filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 2/17/2023. (Attachments: #1 Exhibit 1 - News Article)(Leger, Christian)
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Filing 363
RESPONSE in Opposition re #356 MOTION in Limine Plaintiffs' Motion in Limine filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 2/17/2023. (Benford, John)
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Filing 362
RESPONSE in Opposition re #357 MOTION in Limine Plaintiffs' DAUBERT Motion to Exclude Expert Opinion and Testimony of Daniel M. White filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 2/17/2023. (Benford, John)
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Filing 361
RESPONSE in Opposition re #356 MOTION in Limine Plaintiffs' Motion in Limine Lawyer Defendants' Response in Opposition to Plaintiffs' Motion in Limine filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. Replies due by 2/17/2023. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5)(Gabrielson, William)
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Filing 360
Order Granting Motion to Strike. The Court grants Bluegreen'smotion to strike the Marketing Defendants' November 22, 2022, Affidavit. Mot.Strike Aff., DE #278 , #265 Affidavit. Signed by Judge Robert N. Scola, Jr on 2/9/2023. See attached document for full details. (ebz)
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Filing 359
NOTICE of Change of Address, Email or Law Firm Name by Natalie Christian Bourff (Bourff, Natalie)
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Filing 358
MOTION in Limine Lawyer Defendants' Motions in Limine and Memorandum in Support Thereof by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Attachments: #1 Exhibit Attachment 1)(Gabrielson, William)
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Filing 357
MOTION in Limine Plaintiffs' DAUBERT Motion to Exclude Expert Opinion and Testimony of Daniel M. White by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit 1 - Tuft Report, #2 Exhibit 2 - White Report, #3 Exhibit 3 - White Depo Excerpt, #4 Exhibit 4 - DMW Opinion List, #5 Exhibit 5 - Bench Trial Excerpt)(Leger, Christian)
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Filing 356
MOTION in Limine Plaintiffs' Motion in Limine by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit 1 - USCA Decision, #2 Exhibit 2 - WVO TET Motion Hearing Excerpt)(Leger, Christian)
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Filing 355
MOTION Lawyer Defendants' Daubert Motion to Exclude Opinion Testimony of Mark Tuft by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Attachments: #1 Exhibit Attachment 1, #2 Exhibit Attachment 2, #3 Exhibit Attachment 3, #4 Exhibit Attachment 4, #5 Exhibit Attachment 5)(Gabrielson, William)
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Filing 354
MOTION to Bifurcate Lawyer Defendants' Unopposed Motion to Bifurcate the Determination of the Amount of Punitive Damages at Trial and Memorandum in Support Thereof by Carlsbad Law Group, LLP, J.L. Sean Slattery. Responses due by 2/10/2023 (Gabrielson, William)
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Filing 353
MOTION in Limine Daubert Motion to Exclude the Expert Report and Testimony of Plaintiffs' Expert Witness Mark L. Tuft by Rich Folk, Pandora Marketing, LLC, William Wilson. (Attachments: #1 Exhibit Exhibit A - Expert Report of Mark L. Tuft, #2 Exhibit Exhibit B - Deposition Transcript of Mark L. Tuft)(Benford, John)
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Filing 352
MOTION in Limine Omnibus Motion in Limine by Rich Folk, Pandora Marketing, LLC, William Wilson. (Attachments: #1 Exhibit Exhibit 1 - Deposition Transcript of Mark L. Tuft, #2 Exhibit Exhibit 2 - Expert Report of Mark L. Tuft)(Benford, John)
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Filing 351
MOTION Lawyer Defendants' Motion to Allow Live Remote Testimony at Trial of Bluegreen Owners Upon the Court Determining that Good Cause Exists and Memorandum in Support Thereof by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Attachments: #1 Exhibit Exhibit 1)(Gabrielson, William)
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SYSTEM ENTRY - Docket Entry 350 [misc] restricted/sealed until further notice. (980134)
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Filing 349
PAPERLESS ORDER: The Court grants the #347 motion for leave to file unredacted versions of ECF Nos. 305, 306, 324-1 and 326 under seal. These documents must be so filed no later than January 20, 2023. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 348
PAPERLESS ORDER: In light of the clerical error at ECF No. 338, the Court deems the notice of appearance entered by Attorneys John Benford and Natalie Bourff timely. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 347
Unopposed MOTION for Leave to File Certain Documents Related to Their Summary Judgment Briefing Under Seal by Rich Folk, Pandora Marketing, LLC, William Wilson. (Benford, John)
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Filing 346
Unopposed MOTION to Amend/Correct 338 Order on Motion to Withdraw as Attorney,,,, by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 1/31/2023 (Benford, John)
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Filing 345
NOTICE of Attorney Appearance by Natalie Christian Bourff on behalf of Rich Folk, Pandora Marketing, LLC, William Wilson. Attorney Natalie Christian Bourff added to party Rich Folk(pty:dft), Attorney Natalie Christian Bourff added to party Pandora Marketing, LLC(pty:dft), Attorney Natalie Christian Bourff added to party William Wilson(pty:dft). (Bourff, Natalie)
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Filing 344
NOTICE of Attorney Appearance by John Yates Benford on behalf of Rich Folk, Pandora Marketing, LLC, William Wilson. Attorney John Yates Benford added to party Rich Folk(pty:dft), Attorney John Yates Benford added to party Pandora Marketing, LLC(pty:dft), Attorney John Yates Benford added to party William Wilson(pty:dft). (Benford, John)
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SYSTEM ENTRY - Docket Entry 343 [misc] restricted/sealed until further notice. (903304)
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Filing 342
PAPERLESS ORDER: The Court grants #336 the expedited motion to allow for the taking of the deposition of Mark Tufts no later than January 13, 2023. No extensions to that date will be granted and the attorneys are expected to collaborate effectively in organizing this deposition. Further, the Court amends the deadline for the filing of pretrial motions, including motions in limine and Daubert motions to January 27, 2023. In light of this ruling, the Court terminates as moot the motion at ECF No. 317.The Court also grants the motion #335 to file exhibits conventionally and #337 to file unredacted versions of the summary judgment filings under seal. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 341
Clerk's Notice of Docket Correction re 338 Order on Motions Docket Text Modified by Clerk per chambers to indicate the correct motion DE #327 granted. (mf)
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Filing 340
RESPONSE in Opposition re #336 EXPEDITED MOTION Extension of Deadline to take Deposition of Plaintiffs' Disclosed Expert and Memorandum of Law in Support Thereof Plaintiffs' Response in Opposition to Defendants, Carlsbad Law Group and JL "Sean" Slattery's, Amended Expedited Motion for Additional Time to Take the Deposition of Plaintiffs' Disclosed Expert For Failure to Show Good Cause, as Required by the Rules filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 1/4/2023. (Attachments: #1 Exhibit 1 - October Email, #2 Exhibit 2 - Declaration CLeger, #3 Exhibit 3 - November Email, #4 Exhibit 4 - December Email)(Leger, Christian)
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Filing 339
PAPERLESS ORDER: To expedite the briefing of #336 the Defendants' time-sensitive motion for an extension of time to take the deposition of the Plaintiffs' expert, the Court orders the Plaintiffs to respond to the motion by noon on December 28, 2022. Signed by Judge Robert N. Scola, Jr. (kbe)
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Set/Reset Deadlines/Hearings per order de#339 as to #336 EXPEDITED MOTION Extension of Deadline to take Deposition of Plaintiffs' Disclosed Expert and Memorandum of Law in Support Thereof. Responses due by 12/28/2022 (drz)
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Filing 337
MOTION for Leave to File Plaintiffs' Partial Consent Motion for Leave to File Exhibits Under Seal and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Rubin, Glennys)
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Filing 336
EXPEDITED MOTION Extension of Deadline to take Deposition of Plaintiffs' Disclosed Expert and Memorandum of Law in Support Thereof by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Gabrielson, William)
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Filing 338
PAPERLESS ORDER: The Court grants #334 and denies as moot the previous iteration of the motion at ECF No. 315. Attorney Danielle N. Waters is hereby withdrawn as counsel for Defendants Pandora Marketing, LLC d/b/a Timeshare Compliance, Rich Folk, and William Wilson a/k/a Bo Wilson. These Defendants will continue to be represented by Patrick Bradford, who has been authorized to appear before this Court pro hac vice. However, the Court notes that Mr. Bradford does not have filing rights before this Court. A member of this Court's Bar must file an appearance on behalf of these Defendants no later than January 13, 2022. Failure to obtain local counsel by the indicated deadline may result in a striking of pleadings and/or default.The Court grants the #327 unopposed motion to file certain exhibits under seal in support of the motion for summary judgment. The Court directs counsel to conventionally file via USB the audio recordings discussed in the motion. The corresponding notice of filing will not be under seal. Signed by Judge Robert N. Scola, Jr. (eau) Corrected text per chambers re: Motion granted on 12/28/2022 (mf).
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Filing 335
Unopposed MOTION for Leave to File Exhibits Conventionally re #306 Response in Opposition to Motion, by Rich Folk, Pandora Marketing, LLC, William Wilson. (Waters, Danielle)
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Filing 334
Unopposed MOTION to Withdraw as Attorney by Danielle N. Waters for / by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 1/5/2023 (Attachments: #1 Exhibit Proposed Order Granting Amended Unopposed Motion to Withdraw)(Waters, Danielle)
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Filing 333
REPLY to Response to Motion re #274 MOTION for Summary Judgment filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Gabrielson, William)
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Filing 332
REPLY to #312 Statement of Material Facts by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Gabrielson, William)
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Filing 331
REPLY to Response to Motion re #270 MOTION for Partial Summary Judgment Plaintiffs' Motion for Partial Summary Judgment Against Defendants and Incorporated Memorandum of Law Plaintiffs' Reply in Support of Motion for Summary Judgment Against Marketing Defendants filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 330
Statement of: Plaintiffs' Reply Statement of Material Facts in Response to Marketing Defendants' Counterstatement of Material Facts by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #305 Statement (Leger, Christian)
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Filing 329
REPLY to Response to Motion re #270 MOTION for Partial Summary Judgment Plaintiffs' Motion for Partial Summary Judgment Against Defendants and Incorporated Memorandum of Law Plaintiffs' Reply In Support of Motion for Summary Judgment Against Lawyer Defendants filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 328
Statement of: Plaintiffs' Reply Statement of Material Facts in Response to Lawyer Defendants' Counterstatement of Material Facts by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #318 Response/Reply (Other) (Leger, Christian)
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Filing 327
Unopposed MOTION for Leave to File Certain Exhibits Under Seal in support of Their Opposition to Plaintiffs' Motion for Partial Summary Judgment by Rich Folk, Pandora Marketing, LLC, William Wilson. (Waters, Danielle) Modified on 12/28/2022 (mf).
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Filing 326
REPLY to #308 Statement Memorandum in support of their Motion for Summary Judgment by Rich Folk, Pandora Marketing, LLC, William Wilson. (Waters, Danielle)
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Filing 325
REPLY to #308 Statement Plaintiff's Response to Pandora's Statement of Material Fact by Rich Folk, Pandora Marketing, LLC, William Wilson. (Waters, Danielle)
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Filing 324
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson of Filing Reply to Plaintiff's Response to Pandora's Statement of Fact Exhibits (Attachments: #1 Exhibit 1 - Bluegreen Vacation Club Resort Mortgage Deed) (Waters, Danielle)
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Filing 323
POST-HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 12/20/2022. See attached document for full details. (mkr)
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Filing 322
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Motion Hearing held on 12/20/2022 re #317 EXPEDITED MOTION Extension of Time to Take Deposition of Plaintiffs' Expert and Extend Deadline to File Pretrial Motions.Total time in court: 25 minutes. Attorney Appearance(s): Christian Michael Leger, William Scott Gabrielson, Patrick A. Bradford, (Digital JG_01_12-20-2022/ Zoom) (fbn)
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Filing 321
AMENDED PAPERLESS ORDER the 319 Zoom hearing on #317 EXPEDITED MOTION Extension of Time to Take Deposition of Plaintiffs' Expert and Extend Deadline to File Pretrial Motions will take place at 4:30 PM tomorrow, December 20, 2022. The parties will abide by all other terms of the 319 Paperless Order setting the Zoom hearing. Signed by Magistrate Judge Jonathan Goodman on 12/19/2022. (mkr)
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Filing 320
PAPERLESS ORDER Setting Hearing on Motion #317 EXPEDITED MOTION Extension of Time to Take Deposition of Plaintiffs' Expert and Extend Deadline to File Pretrial Motions. Zoom Motion Hearing set for 12/20/2022 at 04:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1602000361?pwd=Ly9vV0Z3aW9hRVpSVklrMHVmTlBhQT09. Meeting ID: 160 200 0361. Passcode: 728685.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 12/19/2022. (fbn)
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Filing 319
PAPERLESS ORDER setting Zoom hearing on #317 EXPEDITED MOTION Extension of Time to Take Deposition of Plaintiffs' Expert and Extend Deadline to File Pretrial Motions. The portion of the expedited motion seeking to extend the expert discovery deadline to take the deposition of Plaintiffs' expert is set for a Zoom hearing tomorrow, December 20, 2022 at 4:00 p.m. No response, reply, or further memoranda are permitted. The Undersigned will hear argument at the hearing. The Zoom instructions will be provided by separate Paperless Order. Signed by Magistrate Judge Jonathan Goodman on 12/19/2022. (mkr)
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Filing 318
Amended RESPONSE to #269 Statement,,, and Additional Facts by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Wagner, Brian)
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Filing 317
EXPEDITED MOTION Extension of Time to Take Deposition of Plaintiffs' Expert and Extend Deadline to File Pretrial Motions re 289 Order on Expedited Motion,,,,, by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Wagner, Brian)
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Filing 316
EXHIBITS Notice of Filing Motion to Withdraw as Counsel of Record Exhibit by Rich Folk, Pandora Marketing, LLC, William Wilson. Related document: #315 MOTION to Withdraw as Attorney by Danielle N. Waters for / filed by Rich Folk, Pandora Marketing, LLC, William Wilson. (Attachments: #1 Exhibit Proposed Order Granting Motion to Withdraw)(Waters, Danielle)
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Filing 315
MOTION to Withdraw as Attorney by Danielle N. Waters for / by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 12/29/2022 (Waters, Danielle)
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Filing 314
PAPERLESS ORDER: The Court grants the #307 motion to withdraw. Attorneys John J. Bennett, Jonathan M. Sykes, and Paul N. Mascia, and the firm of Nardella & Nardella, PLLC are hereby withdrawn as counsel for Defendants Pandora Marketing, LLC d/b/a Timeshare Compliance, Rich Folk, and William Wilson a/k/a Bo Wilson. These Defendants will continue to be represented by Danielle Waters, who is a member of this Court's Bar, and Patrick Bradford, who has been authorized to appear before this Court pro hac vice. Any additional counsel for these Defendants are instructed a notice of appearance no later than December 30, 2022. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 313
RESPONSE in Opposition re #274 MOTION for Summary Judgment filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 12/21/2022. (Leger, Christian)
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Filing 312
Statement of: Material Facts in Response to Lawyer Defendants' Statement of Material Facts by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #273 Notice (Other) (Leger, Christian)
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Filing 311
RESPONSE to Motion re #270 MOTION for Partial Summary Judgment Plaintiffs' Motion for Partial Summary Judgment Against Defendants and Incorporated Memorandum of Law Defendants Carlsbad Law Group, LLP and J.L. Sean Slattery's Response to Plaintiffs' Statement of Material Facts (ECF No. 269) and Additional Facts filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. Replies due by 12/21/2022. (Gabrielson, William)
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Filing 310
RESPONSE in Opposition re #270 MOTION for Partial Summary Judgment Plaintiffs' Motion for Partial Summary Judgment Against Defendants and Incorporated Memorandum of Law Lawyer Defendants' Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 270) filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. Replies due by 12/21/2022. (Gabrielson, William)
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Filing 309
RESPONSE in Opposition re #276 MOTION for Summary Judgment filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 12/21/2022. (Leger, Christian)
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Filing 308
Statement of: Material Facts in Opposition to Marketing Defendants' Statement of Material Facts by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #271 Notice of Filing Discovery,,,,,, (Leger, Christian)
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Filing 307
MOTION to Withdraw as Attorney by John J. Bennett, Jonathan M. Sykes, and Paul N. Mascia for / by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 12/28/2022 (Attachments: #1 Exhibit Proposed Order Granting Motion to Withdraw)(Bennett, John)
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Filing 306
RESPONSE in Opposition re #270 MOTION for Partial Summary Judgment Plaintiffs' Motion for Partial Summary Judgment Against Defendants and Incorporated Memorandum of Law filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 12/21/2022. (Bennett, John)
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Filing 305
Statement of: Counterstatement of Material Facts by Rich Folk, Pandora Marketing, LLC, William Wilson re #269 Statement,,, (Bennett, John)
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Filing 304
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. Plaintiffs' Notice of Filing Exhibits to Support Their Response to Lawyer Defendants Motion for Summary Judgment and Related Statement of Material Facts (Attachments: #1 Exhibit 1 - Declaration of Paul Humphrey, #2 Exhibit 2- Cease and Desist Ltr BG-Carlsbad 001718, #3 Exhibit 3 - Email Correspondence, #4 Exhibit 4 - Email Correspondence, #5 Exhibit 5 - Pandora-Bluegreen 091901, #6 Exhibit 6 - Email Correspondence, #7 Exhibit 7 - Carlsbad 002455, #8 Exhibit 8 - Bluegreen Organizational Chart, #9 Exhibit 9 - Exemplar OBAs, #10 Exhibit 10 - BG-Carlsbad 081517, #11 Exhibit 11 - Notes with BVC, #12 Exhibit 12 - Pandora-Bluegreen 484892, #13 Exhibit 13 - Email Correspondence, #14 Exhibit 14 - Post Complaint Filing Retainer Agmts, #15 Exhibit 15 - Exemplar Pandora Servicing Agmt, #16 Exhibit 16 - Retainer Agmts, #17 Exhibit 17 - Exemplar Terms and Conditions) (Leger, Christian)
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Filing 303
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson of Filing Opposition to Plaintiffs' Partial Motion For Summary Judgment Exhibits (Attachments: #1 Exhibit 1 - Other Analyst Scripts, #2 Exhibit 2 - Wayne Norland Audio Recording 02-06-20, #3 Exhibit 3 - Deposition excerpts of Scott Grey (confidential), #4 Exhibit 4 - Deposition excerpts of Scott Grey, #5 Exhibit 5 - Recording of Wayne Norland dated April 23, 2020, #6 Exhibit 6 - Deposition of Rhonda Dixon dated September 7, 2022, #7 Exhibit 7 - Deposition excerpts of John Hunt dated August 24, 2022, #8 Exhibit 8 - Deposition of Nancy Braun dated September 9, 2022, #9 Exhibit 9 - Recording of Wayne Norland dated February 7, 2020, #10 Exhibit 10 - Recording of Nancy Braun, #11 Exhibit 11 - Master Chart for Opposition, #12 Exhibit 12 - Plaintiffs Collection Policy, #13 Exhibit 13 - Deposition of Gerald Barnett dated August 11, 2022, #14 Exhibit 14 - Deposition of Jonnie Driver dated August 12, 2022) (Bennett, John)
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Filing 302
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. Plaintiffs' Notice of Filing Exhibits to Support Their Response to Marketing Defendants' Motion for Summary Judgment and Related Statement of Material Facts (Attachments: #1 Exhibit Composite of Disputed Owner Documentation, #2 Exhibit Bluegreen Organizational Chart, #3 Exhibit Composite of Sample Written Assignments, #4 Exhibit Deposition of Angela Blevins, October 12, 2022, #5 Exhibit Amended and Restated Club Trust Agreement, #6 Exhibit Declaration of Paul Humphrey, #7 Exhibit Bluegreen's Answer to William Wilson's First Set of Interrogatories, #8 Exhibit Composite Exemplar Owner Beneficiary Agreements, #9 Exhibit Deposition of John Hunt) (Leger, Christian)
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Filing 301
NOTICE by Carlsbad Law Group, LLP, J.L. Sean Slattery re #269 Statement,,, Defendant Carlsbad Law Group, LLP and J.L. "Sean" Slattery's Notice of Filing Evidence in Opposition to Plaintiffs' Motion for Partial Summary Judgment (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Gabrielson, William)
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Filing 299
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #269 Statement,,, Plaintiffs' Notice of Corrected Filing as to Exhibit 26 to Statement of Material Fact (Attachments: #1 Exhibit 1 - Corrected Exhibit 26) (Rubin, Glennys)
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SYSTEM ENTRY - Docket Entry 300 [misc] restricted/sealed until further notice. (903304)
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Filing 298
Order of Dismissal re #295 Joint Stipulation of Dismissal. Parties Patrick Thompson and Timeshare Lawyers, P.A. terminated. Signed by Judge Robert N. Scola, Jr. on 12/7/2022. See attached document for full details. (ls)
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Filing 297
Order of Dismissal re #294 Joint Stipulation of Dismissal. Party Padraic Deighan terminated. Signed by Judge Robert N. Scola, Jr. on 12/7/2022. See attached document for full details. (ls)
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Filing 295
STIPULATION of Dismissal Joint Stipulation For Dismissal With Prejudice as to Patrick J. Thompson, Esq. and Timeshare Lawyers P.A. D/B/A Federal Financial Law Group Only by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit A Proposed Order)(Rubin, Glennys)
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Filing 294
STIPULATION of Dismissal Joint Stipulation for Dismissal With Prejudice as to Padraic "Paddy" Deighan, Esq. Only by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit A Proposed Order)(Rubin, Glennys)
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Filing 293
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re 291 Order on Motion for Leave to File,,,, Order on Motion for Extension of Time to File Response/Reply/Answer,,, Plaintiffs' Notice of Supplemental Filing (Rubin, Glennys)
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SYSTEM ENTRY - Docket Entry 296 [misc] restricted/sealed until further notice. (903304)
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Filing 292
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #265 Affidavit Plaintiffs' Notice of Filing Denials to the Marketing Defendants' Frivolous "Affidavit of Fact" [DE 265] (Rubin, Glennys)
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Filing 291
PAPERLESS ORDER: The Court grants the unopposed motion #290 . The movants will respond to the motion for summary judgment no later than December 14, 2022. The Court also grants the Plaintiffs' unopposed motion to file certain exhibits under seal #272 . (See ECF No. 279.) The Plaintiffs will do so no later than December 7, 2022. Further, Local CM/ECF Procedures Rule 3L.(2) requires parties to assign descriptive names to their attachments upon uploading them to the CM/ECF system. Generic names such as "Exhibit 1" with nothing further are not helpful to the Court. Accordingly, no later than December 7, 2022, the Plaintiffs will file a Notice of Supplemental Filing with reference to their Statement of Material Fact ("SOMF") that contains a table listing each exhibit attached to their SOMF with a corresponding descriptive title. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 290
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #276 MOTION for Summary Judgment , #273 Notice (Other), #275 Statement, #274 MOTION for Summary Judgment Plaintiffs' Time Sensitive Unopposed Motion For Extension of Time to File its Response to Defendants' Motions for Summary Judgment [ECF Nos. 274, 276] and Statements of Material Facts [ECF Nos. 273, 275] by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Rubin, Glennys)
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Filing 289
PAPERLESS ORDER: The Court grants the motion for an extension of time #288 . The movants may respond to the motion for summary judgment no later than December 14, 2022. In view of the fact that the parties' extensive discovery practice and extension requests have pushed this matter well beyond the Court's originally-intended deadlines, the Court finds it appropriate to reset this matter for trial the two-week trial period beginning on April 10, 2023. Calendar call will be held at 9:00 a.m. on the preceding Tuesday, April 4, 2023, at the Wilkie D. Ferguson, Jr. United States Courthouse, 400 N. Miami Avenue, Courtroom 12-3, Miami, Florida. A pretrial conference will be held immediately following calendar call only if requested by the parties in advance.Accordingly, March 13, 2023 will be the new deadline to file a joint pretrial stipulation under Local Rule 16.1(e) and pretrial disclosures as required by Federal Rule of Civil Procedure 26(a)(3). March 27, 2023 will be the new deadline to file proposed jury instructions (if the matter is set for a jury trial) or proposed findings of fact and conclusions of law (if the matter is set for a bench trial) consistent with Local Rule 16.1(k). All other deadlines in the Scheduling Order at ECF No. 227 remain unchanged. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 288
EXPEDITED MOTION Lawyer Defendants and Pandora Defendants Joint Expedited Motion for Enlargement of Time to File Response to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 270) and Plaintiffs' Statement of Material Facts (ECF No. 269) and Memorandum of Law re #270 MOTION for Partial Summary Judgment Plaintiffs' Motion for Partial Summary Judgment Against Defendants and Incorporated Memorandum of Law, #269 Statement,,, by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Attachments: #1 Exhibit Exhibit 1)(Gabrielson, William)
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Filing 287
Notice of Supplemental Authority re #278 MOTION to Strike #265 Affidavit Plaintiffs' Motion to Strike Marketing Defendants' "Affidavit of Fact" [ECF No. 265] and Incorporated Memorandum of Law Plaintiffs' Notice of Filing Supplemental Authority in Support of Plaintiffs' Motion to Strike Marketing Defendants' "Affidavit of Fact" by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit A) (Rubin, Glennys)
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SYSTEM ENTRY - Docket Entry 286 [misc] restricted/sealed until further notice. (1724541)
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Filing 285
CLERK'S NOTICE of Compliance by Sealing document [268-14] pursuant 284 Order. (kpe)
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Filing 284
PAPERLESS ORDER: The Court grants the unopposed motion #283 . The Court instructs the Clerk to place under seal ECF No. 268-14. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 283
Defendant's EXPEDITED MOTION Restrict Access and File Under Seal re #268 Notice (Other),,, by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Wagner, Brian)
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Filing 282
NOTICE of Compliance re 281 Order on Expedited Motion. ( ECF Nos. 271-2, 271-5, 271-8, and 271-14 sealed) (amb)
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Filing 281
PAPERLESS ORDER: The Court grants the unopposed motion #280 . The movants will file under seal unredacted versions of Items 1-7 above no later than December 2, 2022. The Court instructs the Clerk to place under seal ECF Nos. 271-2, 271-5, 271-8, and 271-14. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 280
EXPEDITED MOTION for leave to file certain exhibits under seal in support of their Motion for Summary Judgment re #276 MOTION for Summary Judgment , #271 Notice of Filing Discovery,,,,,, by Rich Folk, Pandora Marketing, LLC, William Wilson. (Bennett, John)
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Filing 279
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #272 MOTION for Leave to File Plaintiffs' Motion For Leave to File Certain Exhibits, In Support of Their Omnibus Motion for Summary Judgment Under Seal and Incorporated Memorandum of Law Plaintiffs' Notice of Conferral (Leger, Christian)
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Filing 278
MOTION to Strike #265 Affidavit Plaintiffs' Motion to Strike Marketing Defendants' "Affidavit of Fact" [ECF No. 265] and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 12/13/2022 (Rubin, Glennys)
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Filing 277
PAPERLESS ORDER: The Court directs the Plaintiffs to file a supplemental notice detailing the result of their conferral with counsel on the motion for leave to file certain exhibits under seal #272 no later than November 30, 2022. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 276
MOTION for Summary Judgment by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 12/7/2022 (Bennett, John)
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Filing 275
Statement of: Material Facts in Support of Rich Folk, Pandora Marketing LLC, and William Wilsons Motion for Summary Judgment by Rich Folk, Pandora Marketing, LLC, William Wilson (Bennett, John)
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Filing 274
MOTION for Summary Judgment by Carlsbad Law Group, LLP, J.L. Sean Slattery. Responses due by 12/7/2022 (Gabrielson, William)
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Filing 273
NOTICE by Carlsbad Law Group, LLP, J.L. Sean Slattery re #268 Notice (Other),,, Statement of Material Facts (Gabrielson, William)
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Filing 272
MOTION for Leave to File Plaintiffs' Motion For Leave to File Certain Exhibits, In Support of Their Omnibus Motion for Summary Judgment Under Seal and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Leger, Christian)
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Filing 271
NOTICE of Filing Discovery: Exhibits for Motion for Summary Judgment by Rich Folk, Pandora Marketing, LLC, William Wilson. (Attachments: #1 Exhibit Plaintiffs Second Rule 26 Disclosures, #2 Exhibit Cedeno Contract, #3 Deposition Excerpt of Transcript Corporate Rep Humphrey, #4 Deposition Excerpt of Individual Humphrey, #5 Exhibit Plaintiff's Unverified Answers to Def. Carlsbad First Interrogatories, #6 Exhibit Plaintiff's Final Assignment Chart, #7 Exhibit Assignment Agreements, #8 Exhibit LSAMS Page, #9 Exhibit Plaintiff's Unverified Resp. to Pandora's Third Interrogatories, #10 Deposition Excerpts of John Hunt, #11 Exhibit 1099 Compendium, #12 Exhibit Composite Declarations, #13 Deposition James Schupp, #14 Exhibit Master Chart, #15 Exhibit Declaration of Scott Grey, #16 Transcripts October 14, 2022, Discovery Hearing, #17 Deposition Nancy Braun, #18 Deposition Jordan Harding, #19 Deposition Ashley Tilahun, #20 Deposition Sharon Ballyntyne, #21 Deposition Joseph Tejchman, #22 Deposition Jeremy Lathrem, #23 Deposition Wayne Norland, #24 Exhibit Plaintiff's Response to Def. Pandora's Fifth Request for Admissions, #25 Deposition Megan Ivy, #26 Deposition Lynette King, #27 Deposition Derrick Braswell, #28 Deposition Mitchell Marston, #29 Deposition Ryan Mailhiot, #30 Deposition Shirley Prosek, #31 Exhibit Plaintiff's Unverified Answers to Def. Slattery's Amended Third Interrogatories, #32 Exhibit Plaintiff's Second Amended Answers to Def Slattery's Second Interrogatories as Amended)(Waters, Danielle)
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Filing 270
MOTION for Partial Summary Judgment Plaintiffs' Motion for Partial Summary Judgment Against Defendants and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 12/7/2022 (Attachments: #1 Exhibit Wyndham MSJ Order, #2 Exhibit Tuft Report, #3 Exhibit Special Master Report, #4 Exhibit Wyndham In Limine Order)(Leger, Christian)
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Filing 269
Statement of: Plaintiffs' Statement of Material Fact by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)(Leger, Christian)
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Filing 268
NOTICE by Carlsbad Law Group, LLP, J.L. Sean Slattery Evidence in Support of their Statement of Material Facts and Motion for Summary Judgment (Attachments: #1 Exhibit Declaration of Sean Slattery, #2 Exhibit 2d Declaration of Sean Slattery, #3 Exhibit Depo of John Hunt 8.24.22, #4 Exhibit Depo of Paul Humphrey 9.6.22, #5 Exhibit Depo of Paul Humphrey 10.14.22, #6 Exhibit Depo of Megan Ivy (Freed) 8.15.22, #7 Exhibit Depo of Derrrick Braswell 9.10.22, #8 Exhibit Depo of Lynette King 9.8.22, #9 Exhibit Depo of Wayne Norland 9.27.22, #10 Exhibit Depo of Gerald Barnett 8.11.22, #11 Exhibit Depo of Ryan Mailhiot 8.18.22, #12 Exhibit Depo of Shirley Prosek 9.21.22, #13 Exhibit Depo of Ashley Tilahun 8.30.22, #14 Exhibit PF Ans to Carlsbad 1st Interrogatories) (Gabrielson, William) Modified by Sealing document [268-14] on 12/1/2022 pursuant to DE 285 Order (kpe).
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Filing 267
FINAL MEDIATION REPORT by Gary S. Salzman. Disposition: Case did not settle. (Attachments: #1 Exhibit A)(Rubin, Glennys)
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Filing 266
Clerk's Notice of Filing Deficiency Re: #265 Affidavit filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (drz)
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Filing 265
STRICKEN. AFFIDAVIT of Fact signed by: William Wilson and Rich Folk by Rich Folk, Pandora Marketing, LLC, William Wilson. (drz) Modified per DE #360 Order on 2/10/2023 (ebz).
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Filing 264
Stipulated Final Permanent Injunction Order as to Defendant Padraic Paddy Deighan, Esq. granting #261 Motion for Permanent Injunction. Signed by Judge Robert N. Scola, Jr on 11/17/2022. See attached document for full details. (drz)
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Filing 263
PAPERLESS ORDER: The Court instructs the parties to submit a Word version of ECF No. 261-1 to scola@flsd.uscourts.gov. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 262
Stipulated Final Permanent Injunction Order as to Defendants Patrick J. Thompson, Esq. and Timeshare Lawyers P.A. D/B/A Federal Financial Law Group. Signed by Judge Robert N. Scola, Jr on 11/9/2022. See attached document for full details. (drz)
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Filing 261
STIPULATION Joint Stipulation and Motion For Entry of Final Permanent Injunction Order as to Padraic "Paddy" Deighan, Esq. Only by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit 1)(Rubin, Glennys) Converted to motion per chambers on 11/17/2022 (mf).
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Filing 260
PAPERLESS ORDER: The Court instructs the parties to submit a Word version of ECF No. 259-1 to scola@flsd.uscourts.gov. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 259
STIPULATION Joint Stipulation and Motion for Entry of Final Permanent Injunction Order as to Patrick J. Thompson, Esq. and Timeshare Lawyers P.A. D/B/A Federal Financial Law Group Only by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit 1)(Rubin, Glennys) Modified on 11/17/2022 (mf).
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Filing 258
PAPERLESS ORDER cancelling Zoom Discovery Hearing set for 11/03/2022. The parties have advised the Court that the entry of the Joint Stipulated Discovery Order resolves the issues noticed for hearing. [ECF No. 265, p. 1]. Signed by Magistrate Judge Jonathan Goodman on 11/1/2022. (mkr)
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Filing 257
JOINT STIPULATED DISCOVERY ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/1/2022. See attached document for full details. (mkr)
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Filing 256
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #6 Order Joint Notice of Proposed Stipulated Discovery Order (Attachments: #1 Exhibit A) (Rubin, Glennys)
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Filing 255
TRANSCRIPT of DISCOVERY HEARING held on 10/14/2022 before Magistrate Judge Jonathan Goodman, 1-214 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2022. Redacted Transcript Deadline set for 12/1/2022. Release of Transcript Restriction set for 1/30/2023. (jes)
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Filing 254
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 11/03/2022 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1615119911?pwd=NUFqelc2RHVwZGNJdEVZZWE3eWN1Zz09. Meeting ID: 161 511 9911. Passcode: 051607.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 10/28/2022. (fbn)
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Filing 253
PAPERLESS ORDER: The Court partially grants the motion #252 as follows: (1) dispositive motion filings will be made no later than November 23, 2022; (2) the Plaintiff is granted leave to file a 30-page omnibus motion for summary judgment accompanied by a 15-page statement of material facts; (3) the Court denies the Defendants leave to exceed the page limits set forth in the Local Rules given that they seem to anticipate filing dispositive motions and oppositions separately. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 252
Joint MOTION for Extension of Time Extension of Dispositive Motion Deadline Time Sensitive Joint Motion for Extension of Dispositive Motion Deadline and other Related Relief and Incorporated Memorandum of Law re #227 Scheduling Order,,, Order Referring Case to Mediation,, by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 11/14/2022 (Rubin, Glennys)
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Filing 251
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 11/3/2022 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. (Leger, Christian)
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Filing 250
Stipulated Final Permanent Injunction Order as to Stewart Defendants: ORDER Granting #249 Motion for Permanent Injunction. Signed by Judge Robert N. Scola, Jr on 10/25/2022. See attached document for full details. (nan)
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Filing 249
JOINT STIPULATION/MOTION for Entry of Final Permanent Injunction Order as to Stewart Defendants by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit 1)(Rubin, Glennys) Modified text/status per Chambers on 10/24/2022 (sk).
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Filing 248
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. Local Rule 16.04 Joint Notice of Resolution by Plaintiffs and Stewart Defendants (Rubin, Glennys)
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Filing 247
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 10/17/2022. See attached document for full details. (mkr)
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Filing 246
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 10/14/2022. Post-Hearing Administrative Order to follow. Total time in court: 5 hour(s) : 30 minutes. Attorney Appearance(s): Christian Michael Leger, Brian L Wagner, William Scott Gabrielson, John Joseph Bennett, Patrick James Thompson, (Digital JG_01_10-14-2022/ Zoom) (fbn)
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Filing 245
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/14/2022 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Bennett, John)
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Filing 244
TRANSCRIPT of DISCOVERY HEARING held on 09/26/2022 before Magistrate Judge Jonathan Goodman; 1-99 pages. Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2022. Redacted Transcript Deadline set for 11/14/2022. Release of Transcript Restriction set for 1/9/2023. (jes)
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Filing 243
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 10/14/2022 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1607217516?pwd=alRkbTdSWnRyZzBGOWl1Qng3NTNkUT09. Meeting ID: 160 721 7516. Passcode: 799629.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 10/7/2022. (fbn)
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Filing 242
PAPERLESS ORDER cancelling Zoom Discovery Hearing noticed for 10/14/2022 at 1:30 PM in light of #238 Plaintiffs' Notice of Cancellation. Plaintiffs have #240 noticed a separate discovery dispute for the same day at 2:30 PM. The specific Zoom link and instructions for the 2:30 PM discovery hearing will follow by separate paperless order. Signed by Magistrate Judge Jonathan Goodman on 10/7/2022. (mkr)
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Filing 241
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #240 Notice re Hearing by Attorney Plaintiffs' Notice of Authorities for October 14, 2022 Discovery Hearing (Leger, Christian)
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Filing 240
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/14/2022 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leger, Christian)
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Filing 239
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/14/2022 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leger, Christian)
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Filing 238
NOTICE OF CANCELLATION OF HEARING by ATTORNEY: re #235 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/14/2022 01:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leger, Christian) (Leger, Christian)
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Filing 237
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 10/14/2022 at 1:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1607217516?pwd=alRkbTdSWnRyZzBGOWl1Qng3NTNkUT09. Meeting ID: 160 721 7516. Passcode: 799629. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 10/4/2022. (fbn)
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Filing 236
PAPERLESS ORDER: The Court clarifies that the discovery deadline's extension to October 24, 2022 was granted for the limited purpose of finalizing the deposition of the Plaintiffs' corporate representatives as set forth in the parties' joint motion #225 requesting that extension. The propriety of any additional discovery request beyond that for which the extension was granted may be brought upon proper motion before Judge Goodman. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 235
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/14/2022 01:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leger, Christian)
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Filing 234
MOTION for clarification 226 Order on Expedited Motion, #227 Scheduling Order,,, Order Referring Case to Mediation,, by Carlsbad Law Group, LLP, J.L. Sean Slattery. Responses due by 10/17/2022 (Wagner, Brian)
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Filing 233
Stipulated Final Permanent Injunction Order as to Consalvo Defendants. Granting #231 Motion for Permanent Injunction. Signed by Judge Robert N. Scola, Jr on 9/27/2022. See attached document for full details. (nan) Modified title text on 9/30/2022 (asl).
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Filing 232
PAPERLESS ORDER: The Court directs the movants to submit a Word version of the proposed permanent injunction at ECF No. #231 to the Court via e-mail at scola@flsd.uscourts.gov. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 231
Joint MOTION for Permanent Injunction Joint Stipulation and Motion For Entry of Final Permanent Injunction Order as to Consalvo Defendants by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Rubin, Glennys)
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Filing 230
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/26/2022. See attached document for full details. (mkr)
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Filing 229
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 9/26/2022. Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 30 minutes. Attorney Appearance(s): Christian Michael Leger, Brian L Wagner, John Joseph Bennett, (Digital JG_01_09-26-2022/ Zoon) (fbn)
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Filing 228
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 9/26/2022 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. (Attachments: #1 Exhibit A) (Leger, Christian)
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Filing 227
Third Amended Scheduling Order and Order of Referral to Mediation: SCHEDULING ORDER:, ORDER REFERRING CASE to Mediation. ( Mediation Deadline 11/21/2022.) Signed by Judge Robert N. Scola, Jr on 9/20/2022. See attached document for full details. (nan) #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 226
PAPERLESS ORDER: The Court grants the parties' joint motion #225 . The parties will have through October 24, 2022 to finalize discovery. The Court will enter a revised scheduling order separately. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 225
Joint EXPEDITED MOTION Extend Deadlines in Scheduling Order re #137 Scheduling Order,,, Order Referring Case to Mediation,, by Rich Folk, Pandora Marketing, LLC, William Wilson. (Bennett, John)
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Filing 224
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/16/2022. See attached document for full details. (mkr)
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Filing 223
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 9/26/2022 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1602662604?pwd=N1RqeXdmdWhzdU0zcE4xeWd5cjBrQT09. Meeting ID: 160 266 2604. Passcode: 710245.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 9/16/2022. (fbn)
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Filing 222
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 9/16/2022. Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 00 minutes. Attorney Appearance(s): Christian Michael Leger, William Scott Gabrielson, John Joseph Bennett, (Digital JG_02_09-16-2022/ Zoom) (fbn)
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Filing 221
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 9/16/2022 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Bennett, John)
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Filing 220
NOTICE of Attorney Appearance by Danielle Nicole Waters on behalf of Rich Folk, Pandora Marketing, LLC, William Wilson. Attorney Danielle Nicole Waters added to party Rich Folk(pty:dft), Attorney Danielle Nicole Waters added to party Pandora Marketing, LLC(pty:dft), Attorney Danielle Nicole Waters added to party William Wilson(pty:dft). (Waters, Danielle)
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Filing 219
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 9/16/2022 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1604826957?pwd=UjVhaTByWDBEdWorak5FMGlGUDlSQT09. Meeting ID: 160 482 6957. Passcode: 237697.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 9/7/2022. (fbn)
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Filing 218
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #217 Notice re Hearing by Attorney Plaintiffs' Notice of Authorities for September 16, 2022 Discovery Hearing (Leger, Christian)
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Filing 217
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 9/16/2022 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leger, Christian)
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Filing 216
FIRST Clerk's Notice of Undeliverable Mail re 203 Order,,,,,, Set/Reset Deadlines/Hearings,,,,, 195 Order,,, #202 Order, 204 Discovery Hearing, 201 Order,,,,,, Set/Reset Deadlines/Hearings,,,,, #205 Order. US Mail returned for: Gallagher-Clifton, LLC. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp)
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Filing 215
FIRST Clerk's Notice of Undeliverable Mail re 200 Discovery Hearing, #202 Order, 204 Discovery Hearing, 201 Order,,,,,, Set/Reset Deadlines/Hearings,,,,, #205 Order. US Mail returned for: Paul Stewart. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp)
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Filing 214
ORDER of Partial Dismissal: Dismissing Case as to Parties) Yuge Internet Marketing, LLC (a Florida limited liability company), Bigly Internet Marketing, LLC (a Florida limited liability company) and David Crader (an individual and resident of the State of Florida) - case remains open. (With Prejudice) Signed by Judge Robert N. Scola, Jr on 8/22/2022. See attached document for full details. (nan) . Modified Text on 8/22/2022 (nan).
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Attorney Mary Norberg representing Yuge Internet Marketing, LLC (Defendant) and Bigly Internet Marketing, LLC (Defendant) and Crader, David (Defendant); ; Attorney Christian W Waugh representing Yuge Internet Marketing, LLC (Defendant) and Bigly Internet Marketing, LLC (Defendant); and Crader, David (Defendant); terminated. (nan) Per Order, DE#214 on 8/22/2022 on 8/22/2022 (nan).
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Filing 213
STIPULATION of Dismissal Joint Stipulation for Dismissal with Prejudice as to David J. Crader, Bigly Internet Marketing, LLC, and Yuge Internet Marketing, LLC Only by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Exhibit A)(Rubin, Glennys)
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Filing 209
NOTICE of Attorney Appearance by Adriana Pfeiffer on behalf of Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Attorney Adriana Pfeiffer added to party Bluegreen Vacations Corporation(pty:pla), Attorney Adriana Pfeiffer added to party Bluegreen Vacations Unlimited, Inc.(pty:pla). (Pfeiffer, Adriana)
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Filing 212
TRANSCRIPT of Discovery Hearing held on 8/8/2022 before Magistrate Judge Jonathan Goodman, 1-83 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (apz)
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Filing 211
TRANSCRIPT of Discovery Hearing held on 8/5/2022 before Magistrate Judge Jonathan Goodman, 1-49 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/15/2022. Release of Transcript Restriction set for 11/14/2022. (apz)
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Filing 208
ORDER Scheduling Mediation before Gary S. Salzman, Esq. Mediation Hearing set for 11/16/2022 10:30 AM Signed by Judge Robert N. Scola, Jr on 8/15/2022. See attached document for full details. (nan)
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Filing 207
NOTICE of Mediator Selection. Notice of Filing Proposed Mediation Order Selected/Added Gary S. Salzman as Mediator. (Attachments: #1 Exhibit A)(Leger, Christian)
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Filing 206
NOTICE of Attorney Appearance by Paul Nicholas Mascia on behalf of Rich Folk, Pandora Marketing, LLC, William Wilson. Attorney Paul Nicholas Mascia added to party Rich Folk(pty:dft), Attorney Paul Nicholas Mascia added to party Pandora Marketing, LLC(pty:dft), Attorney Paul Nicholas Mascia added to party William Wilson(pty:dft). (Mascia, Paul)
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Filing 205
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/8/2022. See attached document for full details. (mkr)
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Filing 204
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 8/8/2022. Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 00 minutes. Attorney Appearance(s): Eric Christu, Christian Michael Leger, Brian L Wagner, John Joseph Bennett, Patrick James Thompson, (Digital JG_01_08-08-2022/ Zoom) (fbn)
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Filing 210
TRANSCRIPT of Discovery Hearing held on 7/13/2022 before Magistrate Judge Jonathan Goodman, 1-93 pages, Court Reporter: Joanne Mancari, jemancari@gmail.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/3/2022. (apz)
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Filing 203
AMENDED PAPERLESS ORDER setting a Zoom Discovery Hearing set for 8/8/2022 at 9:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1618039821?pwd=dThmOC9WbkozcWVsRll2Um5rM09PQT09. Meeting ID: 161 803 9821. Passcode: 939096.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 8/5/2022. (fbn)
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Filing 202
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/5/2022. See attached document for full details. (mkr)
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Filing 201
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 8/8/2022 at 9:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1618039821?pwd=dThmOC9WbkozcWVsRll2Um5rM09PQT09. Meeting ID: 161 803 9821. Passcode: 939096.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 8/5/2022. (fbn)
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Filing 200
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Discovery Hearing held on 8/5/2022. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 10 minutes. Attorney Appearance(s): Eric Christu, Christian Michael Leger, Brian L Wagner, John Joseph Bennett, Patrick James Thompson, (Digital 14:30:17) (fbn)
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Filing 199
Clerk's Notice to Filer re #198 Notice re Hearing by Attorney. Docket Text Does Not Match Document; ERROR - The Filer set a Discovery hearing for the incorrect date and time, as well as before the incorrect judge. After consulting with Judge Goodman's chambers, the correction was made by the Clerk. It is not necessary to refile the document. (wc)
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Filing 198
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/5/2022 2:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Thompson, Patrick) Modified text on 8/3/2022 (wc).
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Set/Reset Hearings: Discovery Hearing set for 8/5/2022 at 2:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Per DE#198 .) Discovery Hearing set for 8/8/2022 at 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. (Per DE#197 .) (wc)
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Filing 197
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/8/2022 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. (Leger, Christian)
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Filing 196
PAPERLESS ORDER permitting Patrick Thompson to add topics to the in-person discovery hearing set for 8/8/2022 at 10:00 AM before the Undersigned at the James Lawrence King Justice Building, 99 NE 4th Street, 11th Floor, Miami, Florida. Mr. Thompson shall file on CM/ECF a notice of hearing listing his topics and submit his source material to the Undersigned's CM/ECF mailbox (goodman@flsd.uscourts.gov) by no later than Wednesday, August 3, 2022. Counsel shall be prepared to argue the topics listed by Mr. Thompson for the August 8, 2022 hearing (once that notice of hearing is filed and designates the topics) and those topics listed by Plaintiffs in their to-be-filed notice of hearing at the August 5, 2022 hearing. If we have time to address those topics after the August 5, 2022 topics are concluded, then we will try to also cover them (and try to do so in full, with the goal of eliminating the second hearing on August 8, 2022). Signed by Magistrate Judge Jonathan Goodman on 7/29/2022. (mkr)
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Filing 195
PAPERLESS ORDER requiring Plaintiffs to file a notice of hearing by no later than Monday, August 1, 2022. On July 26, 2022, the Undersigned issued a Paperless Order [ECF No. 194] requiring Plaintiffs to both file a notice of hearing and to submit their source material by July 27, 2022. On July 27, 2022 at approximately 5:46 PM, Plaintiffs emailed their source material (17 attachments) to the Undersigned's CM/ECF mailbox. However, to date, Plaintiffs have not filed their notice of hearing on CM/ECF. Counsel shall be prepared to argue the topics listed for the August 8, 2022 hearing (once that notice of hearing is filed and designates the topics) at the August 5, 2022 hearing. If we have time to address those topics after the August 5, 2022 topics are concluded, then we will try to also cover them (and try to do so in full, with the goal of eliminating the second hearing on August 8, 2022). Signed by Magistrate Judge Jonathan Goodman on 7/29/2022. (mkr)
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Filing 194
PAPERLESS ORDER setting in-person discovery hearing for 8/8/2022 at 10:00 AM before the Undersigned at the James Lawrence King Justice Building, 99 NE 4th Street, 11th Floor, Miami, Florida. Plaintiffs shall file a notice of hearing on CM/ECF and submit their source material to the Undersigned's CM/ECF mailbox (goodman@flsd.uscourts.gov) by no later than Wednesday, July 27, 2022. Signed by Magistrate Judge Jonathan Goodman on 7/26/2022. (mkr)
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Filing 193
PAPERLESS ORDER converting the 8/5/2022 Zoom discovery hearing to an in-person hearing to take place at the James Lawrence King Justice Building, 99 NE 4th Street, 11th Floor, Miami, Florida. The parties shall appear in-person at 2:30 PM on 8/5/2022 and shall be prepared to argue the issues listed in the #191 Notice of Hearing. Signed by Magistrate Judge Jonathan Goodman on 7/26/2022. (mkr)
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Filing 192
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 8/5/2022 at 2:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1608021543?pwd=cTYxanhqQ0xqRFY1STNoS241L2JSdz09 Meeting ID: 160 802 1543. Passcode: 649244.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 7/25/2022. (fbn)
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Filing 191
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/5/2022 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Bennett, John)
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Filing 190
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 7/14/2022. See attached document for full details. (mkr)
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Filing 189
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 7/13/2022. Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 15 minutes. Attorney Appearance(s): Eric Christu, Christian Michael Leger, Brian L Wagner, William Scott Gabrielson, John Joseph Bennett, Patrick A. Bradford, Patrick James Thompson, (Digital JG_02_07-13-2022/ Zoom and JG_04_07-13-2022/Zoom) (fbn)
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Filing 188
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/13/2022 01:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Wagner, Brian)
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Filing 187
AMENDED ANSWER and Affirmative Defenses to Complaint with Jury Demand by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Wagner, Brian)
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Filing 186
PAPERLESS ORDER: The Court grants the motion at ECF No. 170, which has now gone unopposed. The Defendants must re-file their amended answer and affirmative defense no later than June 23, 2022. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 185
TRANSCRIPT of Transcript from the Audio taped hearing held on 06/15/2022 before Magistrate Judge Jonathan Goodman, Volume Number 1 of 1, 1-36 pages, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2022. Redacted Transcript Deadline set for 7/22/2022. Release of Transcript Restriction set for 9/19/2022. (Rassie, Ellen)
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Filing 184
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 6/15/2022. See attached document for full details. (mkr)
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Filing 183
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 7/13/2022 at 1:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1607492393?pwd=ZU03ZUFNQjJneVl3KzdMSTRydkdCQT09. Meeting ID: 160 749 2393. Passcode: 181599.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 6/15/2022. (fbn)
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Filing 182
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 6/15/2022. Post-Hearing Administrative Order to follow. Total time in court: 40 minutes. Attorney Appearance(s): Christian Michael Leger, Benjamin Francis Elliott, Brian L Wagner, William Scott Gabrielson, John Joseph Bennett, (Digital JG_01_06-15-2022/Zoom) (fbn)
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Filing 181
NOTICE of Compliance (Updated) With Local Rule 7.1 by Carlsbad Law Group, LLP, J.L. Sean Slattery re #170 Defendant's MOTION for Leave to File Amended Affirmative Defense Number Seven filed by J.L. Sean Slattery, Carlsbad Law Group, LLP (Wagner, Brian)
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Filing 180
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/15/2022 04:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Leger, Christian)
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Filing 179
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 6/15/2022 at 4:00 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1619134089?pwd=WFA1ekNyRm41d0xyZVBVdGhQZFAzZz09. Meeting ID: 161 913 4089. Passcode: 601082.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 6/15/2022. (fbn)
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Filing 178
PAPERLESS ORDER setting Zoom Discovery Hearing on Plaintiffs' request for extension of time to respond to interrogatories and requests for production. The Zoom discovery hearing will take place on 6/15/2022 at 4:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. By no later than noon today, Plaintiffs shall file a notice of hearing and submit the source material to the Undersigned's CM/ECF email. The specific Zoom link and instructions will follow by separate paperless order. Signed by Magistrate Judge Jonathan Goodman on 6/15/2022. (mkr)
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Filing 177
PAPERLESS ORDER striking #176 Plaintiffs' Expedited Motion for Extension of Time to Respond to Defendants' Second Set of Discovery. The instant motion does not comply with the Undersigned's #6 Discovery Procedures Order. The Undersigned notes that this is the second such violation in this case, albeit by different infringers. The parties' continued failure to abide by the Undersigned's Discovery Procedures Order may result in sanctions. Signed by Magistrate Judge Jonathan Goodman on 6/14/2022. (mkr)
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Filing 176
STRICKEN PER ORDER de#177- MOTION for Extension of Time to Respond to Defendants' Second Set of Discovery Plaintiffs' Expedited Motion for Extension of Time to Respond to Defendants' Second Set of Discovery by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 6/28/2022 (Rubin, Glennys) Modified on 6/15/2022 (drz).
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Filing 175
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 7/13/2022 at 1:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1607492393?pwd=ZU03ZUFNQjJneVl3KzdMSTRydkdCQT09. Meeting ID: 160 749 2393. Passcode: 181599.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 6/14/2022. (fbn)
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Filing 174
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 7/13/2022 01:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Rubin, Glennys)
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Filing 173
AGREED ORDER MODIFYING #169 POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 6/8/2022. See attached document for full details. (mkr)
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Filing 172
NOTICE by Rich Folk, Pandora Marketing, LLC, William Wilson re #6 Order, #169 Order OF FILING OF FILING PROPOSED ORDER (Bennett, John)
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Filing 171
TRANSCRIPT of Motion Hearing held on 5/10/22 before Magistrate Judge Jonathan Goodman, 1-37 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2022. Redacted Transcript Deadline set for 7/1/2022. Release of Transcript Restriction set for 8/29/2022. (hh)
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Filing 170
Defendant's MOTION for Leave to File Amended Affirmative Defense Number Seven by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Attachments: #1 Exhibit 1-Amended Answer and Affirmative Defenses and Request for Jury Trial)(Wagner, Brian)
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Filing 169
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 5/10/2022. See attached document for full details. (mkr)
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Filing 168
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 5/10/2022. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 00 minutes. Attorney Appearance(s): Christian Michael Leger, Benjamin Francis Elliott, Brian L Wagner, William Scott Gabrielson, John Joseph Bennett, Patrick A. Bradford, Patrick James Thompson, (Digital JG_02_05-10-2022/ Zoom) (fbn)
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Filing 167
NOTICE of Attorney Appearance by Benjamin Francis Elliott on behalf of Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Attorney Benjamin Francis Elliott added to party Bluegreen Vacations Corporation(pty:pla), Attorney Benjamin Francis Elliott added to party Bluegreen Vacations Unlimited, Inc.(pty:pla). (Elliott, Benjamin)
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Filing 166
TRANSCRIPT of Discovery Hearing held on 4/8/2022 before Magistrate Judge Jonathan Goodman, 1-38 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (apz)
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Filing 165
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 5/10/2022 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1606061981?pwd=THE4amlzbWRsTFJOc3Fmd1JsK1daZz09. Meeting ID: 160 606 1981. Passcode: 680024. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 4/28/2022. (fbn)
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Filing 164
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 5/10/2022 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Bennett, John)
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Filing 163
NOTICE of Attorney Appearance by Christian Michael Leger on behalf of Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Attorney Christian Michael Leger added to party Bluegreen Vacations Corporation(pty:pla), Attorney Christian Michael Leger added to party Bluegreen Vacations Unlimited, Inc.(pty:pla). (Leger, Christian)
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Filing 162
POST-DISCOVERY HEARING ADMINISTRATIVE ORDER. Signed by Magistrate Judge Jonathan Goodman on 4/8/2022. See attached document for full details. (mkr)
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Filing 161
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 4/8/2022. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 00 minutes. Attorney Appearance(s): Benjamin Travis Brown, William Scott Gabrielson, John Joseph Bennett, Other appearances: Paddy Deighan. (Digital JG_01_04-08-2022/ Zoom) (fbn)
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Filing 160
NOTICE of Compliance Bluegreen Plaintiffs' Notice of Compliance by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re 158 Order,,,,, Set/Reset Hearings,,,, (Attachments: #1 Exhibit A) (Rubin, Glennys)
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Filing 159
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 4/08/2022 at 1:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1603470411?pwd=dUxyQ01zakxrUjVqRjJTMFJZbC84QT09.Meeting ID: 160 347 0411. Passcode: 045732.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 4/5/2022. (fbn)
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Filing 158
PAPERLESS ORDER setting Zoom Discovery Hearing on Plaintiffs' First Requests for Production and Interrogatories propounded on Defendant Paddy Deighan. The Zoom discovery hearing shall take place on 4/8/2022 at 1:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. The specific Zoom link and instructions will follow by separate paperless order. Plaintiffs shall provide a copy of this Order by email to Defendant Paddy Deighan (unless, in the interim, new counsel for Mr. Deighan files a notice of appearance; in which case, Plaintiffs shall provide a copy of this Order to Mr. Deighan's new counsel) and file a notice of compliance no later than noon on Tuesday, April 5, 2022. Defendant Paddy Deighan is required to personally attend the hearing (via Zoom) or arrange for his new counsel (who must first file a notice of appearance) to appear. If the parties are able to resolve their discovery dispute (and no longer need a discovery hearing), then Plaintiffs shall promptly file a notice on CM/ECF. Signed by Magistrate Judge Jonathan Goodman on 4/4/2022. (mkr)
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Filing 157
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re 156 Order, Plaintiffs' Notice of Filing of Declaration of B. Travis Brown, Esq. (Attachments: #1 Exhibit A) (Rubin, Glennys)
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Filing 156
PAPERLESS ORDER directing Plaintiff's counsel to file a declaration that outlines all efforts made by Plaintiff's counsel to contact Defendant Paddy Deighan in connection with conferring about a discovery dispute (as required by Local Rule) and scheduling a discovery hearing. The declaration shall be filed on CM/ECF by Monday, April 4, 2022. Signed by Magistrate Judge Jonathan Goodman on 3/30/2022. (mkr)
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Filing 155
ORDER Adopting Magistrate Judges Report And Recommendation re #123 Report and Recommendations. Granting re #106 Motion to Strike, #109 MOTION to Strike and #115 Motion to Strike. Signed by Judge Robert N. Scola, Jr on 3/29/2022. See attached document for full details. (ail)
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Filing 154
RESPONSE to #149 Order to Show Cause,, Notice of Electronic Filing (NEF) sent,, Terminate Parties, by Timeshare Lawyers, P.A.. (Thompson, Patrick)
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Filing 153
NOTICE of Attorney Appearance by Patrick James Thompson on behalf of Timeshare Lawyers, P.A.. Attorney Patrick James Thompson added to party Timeshare Lawyers, P.A. (pty:dft). (Thompson, Patrick)
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Filing 152
PAPERLESS ORDER: The Court grants Defendant Patrick James Thompson's motion #151 to substitute counsel. Attorney Patrick John McGinley is relieved of all duties concerning his representation of Mr. Thompson in this matter. Mr. Thompson is an attorney, and will represent himself in this matter. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 151
STIPULATED MOTION for Substitution of Counsel. Substituting Patrick Thompson for Patrick McGinley by Patrick Thompson. Attorney Patrick James Thompson added to party Patrick Thompson(pty:dft). Responses due by 4/6/2022 (Thompson, Patrick)
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Filing 150
PAPERLESS CLERK'S NOTICE of Compliance re #149 Order to Show Cause. The Order has been emailed and mailed to Timeshare Lawyers P.A. and VCF Enterprises, LLC (ail)
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Filing 149
ORDER TO SHOW CAUSE. ( Show Cause Response due by 4/5/2022.), Additional Notice of Electronic Filing (NEF) sent to Timeshare Lawyers P.A. and VCF Enterprises, LLC, VCF Enterprises, LLC terminated. Notice of Termination delivered by US Mail to VCF Enterprises, LLC Signed by Judge Robert N. Scola, Jr on 3/21/2022. See attached document for full details. (ail)
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Filing 148
PAPERLESS ORDER: The Court grants #144 counsel's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Patrick A. Bradford is given permission to appear and participate in this matter on behalf of Defendants PANDORA MARKETING, LLC d/b/a TIMESHARE COMPLIANCE, WILLIAM WILSON a/k/a BO WILSON, and RICH FOLK. The Clerk is directed to provide this attorney with notification of all electronic filings via the email address set forth in the Motion. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 147
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick A. Bradford. Filing Fee $ 200.00 Receipt # AFLSDC-15462243 by Rich Folk, Pandora Marketing, LLC, William Wilson. Responses due by 3/23/2022 (Attachments: #1 Text of Proposed Order)(Bennett, John)
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Filing 146
NOTICE of Attorney Appearance by Jonathan Michael Sykes on behalf of Rich Folk, Pandora Marketing, LLC, William Wilson. Attorney Jonathan Michael Sykes added to party Rich Folk(pty:dft), Attorney Jonathan Michael Sykes added to party Pandora Marketing, LLC(pty:dft), Attorney Jonathan Michael Sykes added to party William Wilson(pty:dft). (Sykes, Jonathan)
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Filing 145
NOTICE of Attorney Appearance by John Joseph Bennett on behalf of Rich Folk, Pandora Marketing, LLC, William Wilson. Attorney John Joseph Bennett added to party Rich Folk(pty:dft), Attorney John Joseph Bennett added to party Pandora Marketing, LLC(pty:dft), Attorney John Joseph Bennett added to party William Wilson(pty:dft). (Bennett, John)
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Filing 144
CLERK'S NOTICE of Compliance of Electronic Notice re #143 Order on Motion to Withdraw as Attorney,. Additional Notice of Electronic Filing (NEF) sent to Paddy Deighan and Timeshare Lawyers P.A. (ail)
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Filing 143
ORDER granting #142 Motion to Withdraw as Attorney. Daniel DeSouza representing Timeshare Lawyers, P.A. (Defendant) and Deighan, Paddy (Defendant) withdrawn from case. Deadline to obtain new counsel 3/18/2022. Signed by Judge Robert N. Scola, Jr on 2/16/2022. See attached document for full details. (ail)
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Filing 142
MOTION to Withdraw as Attorney by Daniel DeSouza for / by Paddy Deighan, Patrick Thompson, Timeshare Lawyers, P.A.. Responses due by 2/25/2022 (DeSouza, Daniel)
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Filing 141
PAPERLESS ORDER: The Court grants the unopposed motion to withdraw Reba Abraham Pearce #140 . Attorney Reba Abraham Pearce is relieved of her duties and obligations in this matter. Defendants YUGE INTERNET MARKETING, LLC, BIGLY INTERNET MARKETING, LLC, and DAVID J. CRADER continue to be represented by counsel from Waugh Grant PLLC. Signed by Judge Robert N. Scola, Jr. (eau)
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Filing 140
MOTION to Withdraw as Attorney by Reba Abraham Pearce for / by Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC. Attorney Reba Abraham Pearce added to party Bigly Internet Marketing, LLC(pty:dft), Attorney Reba Abraham Pearce added to party David Crader(pty:dft), Attorney Reba Abraham Pearce added to party Yuge Internet Marketing, LLC(pty:dft). Responses due by 2/23/2022 (Pearce, Reba)
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Filing 139
CLERK'S NOTICE of Compliance re #138 Order on Motion to Withdraw as Attorney. Additional Notice of Electronic Filing (NEF) sent to Pandora Marketing, LLC, VCF Enterprises, LLC, Rich Folk and William Wilson (ail)
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Filing 138
ORDER granting #118 Motion to Withdraw as Attorney. Andrew Markin Feldman representing Pandora Marketing, LLC (Defendant) and VCF Enterprises, LLC (Defendant) and Folk, Rich (Defendant); and Wilson, William (Defendant); ; Attorney Robert Michael Klein representing Pandora Marketing, LLC (Defendant) and VCF Enterprises, LLC (Defendant); and Folk, Rich (Defendant); and Wilson, William (Defendant); ; Attorney Houston Saffold Park, III representing Pandora Marketing, LLC (Defendant) and VCF Enterprises, LLC (Defendant); and Folk, Rich (Defendant); and Wilson, William (Defendant); ; Attorney Joshua Samuel Talcovitz representing Pandora Marketing, LLC (Defendant) and VCF Enterprises, LLC (Defendant); and Folk, Rich (Defendant); and Wilson, William (Defendant); withdrawn from case. Deadline to obtain new counsel 3/10/2022. Signed by Judge Robert N. Scola, Jr on 2/8/2022. See attached document for full details. (ail)
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Filing 137
AMENDED SCHEDULING ORDER AND ORDER OF REFERRAL TO MEDIATION: Trial set for 2/13/2023 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 2/7/2023 before Judge Robert N. Scola Jr..), ORDER REFERRING CASE to Mediation. Signed by Judge Robert N. Scola, Jr on 2/4/2022. See attached document for full details. (ail) #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 136
RESPONSE TO OBJECTION to #123 Report and Recommendations Plaintiffs' Response in Opposition to Pandora Defendants' Objections to the January 10, 2022 Omnibus Report and Recommendations on Motions to Strike Affirmative Defenses by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Rubin, Glennys)
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Filing 135
Amended EXPEDITED MOTION To Extend Deadlines in Scheduling Order by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order Exhibit 3)(Quinn, Michael)
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Filing 134
Post-Discovery Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 2/3/2022. See attached document for full details. (mkr)
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Filing 133
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 2/3/2022. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 00 minutes. Attorney Appearance(s): Mary Norberg, Michael James Quinn, Brian L Wagner, William Scott Gabrielson, Daniel DeSouza, Joshua Samuel Talcovitz, Houston Saffold Park, III, Robert Michael Klein, Patrick John McGinley, (Digital JG_01_02-03-2022/ Zoom) (fbn)
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Filing 132
NOTICE of Attorney Appearance by Mary Norberg on behalf of Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC (Norberg, Mary)
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Filing 131
NOTICE of Striking #129 Notice of Attorney Appearance filed by David Crader, Bigly Internet Marketing, LLC, Yuge Internet Marketing, LLC by Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC. Attorney Mary Norberg added to party Bigly Internet Marketing, LLC(pty:dft), Attorney Mary Norberg added to party David Crader(pty:dft), Attorney Mary Norberg added to party Yuge Internet Marketing, LLC(pty:dft). (Norberg, Mary)
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Filing 130
Clerks Notice to Filer re #129 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ail)
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Filing 129
**STRICKEN**NOTICE of Attorney Appearance by Christian W Waugh on behalf of Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC (Waugh, Christian) Modified on 2/4/2022 SEE DE #131 NOTICE (ail).
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Filing 128
PAPERLESS ORDER setting a Zoom Discovery Hearing set for 2/3/2022 at 3:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1616107752?pwd=N2NHcjg1RTduNkNJc2pYTitmMG9PUT09. Meeting ID: 161 610 7752. Passcode: 585858. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 2/1/2022. (fbn)
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Filing 127
MOTION to Expedite PLAINTIFFS' EXPEDITED MOTION TO EXTEND DEADLINES IN SCHEDULING ORDER AND INCORPORATED MEMORANDUM OF LAW by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Quinn, Michael)
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Filing 126
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 2/3/2022 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Quinn, Michael)
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Filing 125
NOTICE of Attorney Appearance by Michael James Quinn on behalf of Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Attorney Michael James Quinn added to party Bluegreen Vacations Corporation(pty:pla), Attorney Michael James Quinn added to party Bluegreen Vacations Unlimited, Inc.(pty:pla). (Quinn, Michael)
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Filing 124
OBJECTIONS to #123 Report and Recommendations on Motions to Strike Affirmative Defenses by Rich Folk, Pandora Marketing, LLC, William Wilson. (Park, Houston)
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Filing 123
REPORT AND RECOMMENDATIONS re #109 MOTION to Strike #103 Answer to Complaint Plaintiff's Motion to Strike the Carlsbad Defendants' Fourth and Seventh Affirmative Defenses and Incorporated Memorandum of Law filed by Bluegreen Vacations Unlimited, Inc., Bluegreen Vacations Corporation, #106 MOTION to Strike #102 Answer to Complaint Plaintiff's Motion to Strike Affirmative Defenses and Incorporated Memorandum of Law filed by Bluegreen Vacations Unlimited, Inc., Bluegreen Vacations Corporation, #115 MOTION to Strike Plaintiffs' Motion to Strike Timeshare Lawyer Defendants' Amended Affirmative Defenses and Incorporated Memorandum of Law filed by Bluegreen Vacations Unlimited, Inc., Bluegreen Vacations Corporation. Objections to R&R due by 1/24/2022. Signed by Magistrate Judge Jonathan Goodman on 1/10/2022. See attached document for full details. (mkr)
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Filing 122
Clerk's Notice of Undeliverable Mail re 120 Order on Motion for Extension of Time of Discovery Cutoff Deadline,,. US Mail returned for: Paul Stewart. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz)
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Filing 121
STATUS REPORT Joint Interim Status Report by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Rubin, Glennys)
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Filing 120
PAPERLESS ORDER: The Court denies without prejudice the #84 the Carlsbad Defendants' motion for extension of the discovery cut-off deadline. In this Courts experience, an extension of the discovery deadline necessitates an extension of the remaining trial deadlines. So, it appears to the Court that the Defendants are, in effect, requesting an extension of all pretrial and trial deadlines. If that is the case, the Defendants must make that request clear and show good cause for such extension and propose an amended trial date consistent with the requirements of this Court's initial order. Signed by Judge Robert N. Scola, Jr. (agn)
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Filing 119
NOTICE by Rich Folk, Pandora Marketing, LLC, VCF Enterprises, LLC, William Wilson re #118 MOTION to Withdraw as Attorney for Co-Defendants, Pandora Marketing, LLC, Rich Folk, William Wilson and VCF Enterprises, LLC, by Houston Park; Robert Klein; Andrew Feldman; Joshua Talcovitz for / (Attachments: #1 Text of Proposed Order Proposed Order) (Park, Houston)
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Filing 118
MOTION to Withdraw as Attorney for Co-Defendants, Pandora Marketing, LLC, Rich Folk, William Wilson and VCF Enterprises, LLC, by Houston Park; Robert Klein; Andrew Feldman; Joshua Talcovitz for / by Rich Folk, Pandora Marketing, LLC, VCF Enterprises, LLC, William Wilson. Responses due by 12/3/2021 (Park, Houston)
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Filing 117
Order Referring Motion to Magistrate Judge. ORDER REFERRING #115 MOTION to Strike Plaintiffs' Motion to Strike Timeshare Lawyer Defendants' Amended Affirmative Defenses and Incorporated Memorandum of Law filed by Bluegreen Vacations Unlimited, Inc., Bluegreen Vacations Corporation. Motion referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 10/14/2021. See attached document for full details. (amb)
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Filing 116
NOTICE OF UNAVAILABILITY by Paddy Deighan, Timeshare Lawyers, P.A. for dates of 11/29/2021 through 12/12/2021 (DeSouza, Daniel)
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Filing 115
MOTION to Strike Plaintiffs' Motion to Strike Timeshare Lawyer Defendants' Amended Affirmative Defenses and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 10/26/2021 (Attachments: #1 Exhibit A)(Rubin, Glennys)
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Filing 114
REPLY to Response to Motion re #109 MOTION to Strike #103 Answer to Complaint Plaintiff's Motion to Strike the Carlsbad Defendants' Fourth and Seventh Affirmative Defenses and Incorporated Memorandum of Law Plaintiffs' Reply in Support of Motion to Strike Carlsbad Defendants' Affirmative Defenses filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Rubin, Glennys)
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Filing 113
REPLY to Response to Motion re #106 MOTION to Strike #102 Answer to Complaint Plaintiff's Motion to Strike Affirmative Defenses and Incorporated Memorandum of Law Plaintiffs' Reply in Support of Motion to Strike Certain of Pandora's Affirmative Defenses filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Rubin, Glennys)
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Filing 112
RESPONSE to Motion re #109 MOTION to Strike #103 Answer to Complaint Plaintiff's Motion to Strike the Carlsbad Defendants' Fourth and Seventh Affirmative Defenses and Incorporated Memorandum of Law Carlsbad and Slattery's Response to Bluegreen's Motion to Strike (Doc 109) filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. Replies due by 10/12/2021. (Attachments: #1 Exhibit Exhibit 1)(Gabrielson, William)
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Filing 111
Order Referring Motion to Magistrate Judge. ORDER REFERRING #109 MOTION to Strike #103 Answer to Complaint Plaintiff's Motion to Strike the Carlsbad Defendants' Fourth and Seventh Affirmative Defenses and Incorporated Memorandum of Law filed by Bluegreen Vacations Unlimited, Inc., Bluegreen Vacations Corporation. Motions referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 9/30/2021. See attached document for full details. (amb)
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Filing 110
RESPONSE in Opposition re #106 MOTION to Strike #102 Answer to Complaint Plaintiff's Motion to Strike Affirmative Defenses and Incorporated Memorandum of Law filed by Rich Folk, Pandora Marketing, LLC, William Wilson. Replies due by 10/5/2021. (Park, Houston)
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Filing 109
MOTION to Strike #103 Answer to Complaint Plaintiff's Motion to Strike the Carlsbad Defendants' Fourth and Seventh Affirmative Defenses and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 10/4/2021 (Rubin, Glennys)
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Filing 108
Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Paddy Deighan, Patrick Thompson, Timeshare Lawyers, P.A.. (DeSouza, Daniel)
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Filing 107
Order Referring Motion to Magistrate Judge. ORDER REFERRING #106 MOTION to Strike #102 Answer to Complaint Plaintiff's Motion to Strike Affirmative Defenses and Incorporated Memorandum of Law filed by Bluegreen Vacations Unlimited, Inc., Bluegreen Vacations Corporation. Motions referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 9/17/2021. See attached document for full details. (amb)
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Filing 106
MOTION to Strike #102 Answer to Complaint Plaintiff's Motion to Strike Affirmative Defenses and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 9/28/2021 (Rubin, Glennys)
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Filing 105
SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Paddy Deighan served on 9/1/2021, answer due 9/22/2021. (Rubin, Glennys)
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Filing 104
ANSWER and Affirmative Defenses to Complaint with Jury Demand by Patrick Thompson, Timeshare Lawyers, P.A.. (DeSouza, Daniel)
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Filing 103
ANSWER and Affirmative Defenses to Complaint with Jury Demand to Plaintiffs' Complaint by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Gabrielson, William)
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Filing 102
Co-Defendants, Pandora Marketing, LLC, Rich Folk and William "Bo" Wilson's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Rich Folk, Pandora Marketing, LLC, William Wilson. (Park, Houston)
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Filing 101
Summons Issued as to Paddy Deighan. (amb)
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Filing 100
NOTICE of Filing Proposed Summons(es) Plaintiffs' Notice of Filing Proposed Summons by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Summon(s) Exhibit A) (Rubin, Glennys)
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Filing 99
ORDER Granting in part and denying in part re #48 MOTION TO DISMISS #1 Complaint. The Court quashes the service of process on Deighan. Bluegreen must perfect service by September 30, 2021. Signed by Judge Robert N. Scola, Jr on 8/23/2021. See attached document for full details. (ail)
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Filing 98
Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (amb)
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Filing 97
NOTICE of Filing Proposed Summons(es) Plaintiffs Notice of Filing Proposed Summons by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Attachments: #1 Summon(s) Exhibit A) (Rubin, Glennys)
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Filing 96
Omnibus Order on the Lawyer Defendants' Motions to Dismiss. ORDER granting in part and denying in part #48 Motion to Dismiss for Failure to State a Claim; denying #51 Motion to Dismiss for Failure to State a Claim; denying #52 Motion to Dismiss; denying #56 Motion to Dismiss for Failure to State a Claim; denying #8 Motion to Dismiss for Failure to State a Claim. Signed by Judge Robert N. Scola, Jr on 8/20/2021. See attached document for full details. (amb)
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Filing 95
ORDER granting in part and denying in part #17 Motion to Dismiss. All claims againstDefendant VCF Enterprises are dismissed. All other claims against theremaining Marketing Defendants survive. Signed by Judge Robert N. Scola, Jr on 8/11/2021. See attached document for full details. (vmz)
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Filing 94
Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 8/11/2021. See attached document for full details. (krk)
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Filing 93
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 8/11/2021. Post-Hearing Administrative Order to follow. Total time in court: 30 minutes. Attorney Appearance(s): Benjamin Travis Brown, Daniel DeSouza, Andrew Markin Feldman, Patrick John McGinley, (Digital JG_01_08-11-2021/ Zoom) (fbn)
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Filing 92
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 8/11/2021 02:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Rubin, Glennys)
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Filing 91
NOTICE of Attorney Appearance by Daniel DeSouza on behalf of Paddy Deighan. Attorney Daniel DeSouza added to party Paddy Deighan(pty:dft). (DeSouza, Daniel)
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Filing 90
PAPERLESS ORDER setting a Discovery Hearing for 8/11/2021 at 2:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1606847123?pwd=ODBPcndBalhXYTMycDF2b1JKaS9KUT09. Meeting ID: 160 684 7123. Passcode: 554711.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 7/26/2021. (krk)
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Filing 89
NOTICE of Filing of Declaration of B. Travis Brown, Esq. by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re 88 Order, (Attachments: #1 Exhibit A) (Rubin, Glennys)
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Filing 88
PAPERLESS ORDER Plaintiff's counsel shall file a declaration that outlines all efforts made by Plaintiff's counsel to contact Defendant Paddy Deighan. The declaration shall be filed on CM/ECF by July 26, 2021. Signed by Magistrate Judge Jonathan Goodman on 7/21/2021. (krk)
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Filing 87
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #35 Response in Opposition to Motion, Plaintiffs' Notice of Filing Supplemental Authority in Support of Plaintiffs' Opposition to Marketing Defendants' Motion to Dismiss (Attachments: #1 Exhibit A) (Rubin, Glennys)
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Filing 86
TRANSCRIPT of Discovery Hearing (via zoom) held on 6/7/21 before Magistrate Judge Jonathan Goodman, 1-96 pages, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/2/2021. Redacted Transcript Deadline set for 8/12/2021. Release of Transcript Restriction set for 10/12/2021. (hh)
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Filing 85
NOTICE of Change of Address, Email or Law Firm Name by Daniel DeSouza (DeSouza, Daniel)
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Filing 84
Defendant's MOTION for Extension of Time of Discovery Cutoff Deadline Pursuant to Court Order (Doc No. 80) by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Wagner, Brian)
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Filing 83
NOTICE of Attorney Appearance by Daniel DeSouza on behalf of Patrick Thompson. Attorney Daniel DeSouza added to party Patrick Thompson(pty:dft). (DeSouza, Daniel)
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Filing 82
NOTICE of Attorney Appearance by Joshua Samuel Talcovitz on behalf of Rich Folk, Pandora Marketing, LLC, VCF ENTERPRISES, LLC, William Wilson. Attorney Joshua Samuel Talcovitz added to party Rich Folk(pty:dft), Attorney Joshua Samuel Talcovitz added to party Pandora Marketing, LLC(pty:dft), Attorney Joshua Samuel Talcovitz added to party VCF ENTERPRISES, LLC(pty:dft), Attorney Joshua Samuel Talcovitz added to party William Wilson(pty:dft). (Talcovitz, Joshua)
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Filing 81
NOTICE of Compliance Plaintiffs' Notice of Compliance with Order on Clerk's Default Procedure by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #75 Clerks Entry/Non-Entry of Default, #74 MOTION for Clerks Entry of Default Motion for Entry of Clerk's Default Against Defendants Gallagher-Clifton, LLC, MG&N Group, LLP, Paul Stewart, and Angela Consalvo and Incorporated Memorandum of Law as to Angela Consalvo, Gallagher-Cli filed by Bluegreen Vacations Unlimited, Inc., Bluegreen Vacations Corporation, #55 Order (Rubin, Glennys)
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Filing 80
Post-Discovery Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 6/8/2021. See attached document for full details. (krk)
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Filing 79
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 6/7/2021. Post-Hearing Administrative Order to follow. Total time in court: 2 hour(s) : 50 minutes. Attorney Appearance(s): Eric Christu, Benjamin Travis Brown, Brian L Wagner, William Scott Gabrielson, Houston Saffold Park, III, Patrick John McGinley, Morgan Fayocavitz. (Digital JG_01_06-07-2021/ Zoom) (fbn)
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Filing 78
NOTICE by Carlsbad Law Group, LLP, J.L. Sean Slattery re 77 Order,,,,,,,, of Clarification (Attachments: #1 Exhibit 1-Email Screenshot, #2 Exhibit 2-Email Clarifying Interrogatories at Issue) (Wagner, Brian)
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Filing 77
PAPERLESS ORDER re #76 Notice re Hearing by Attorney filed by Bluegreen Vacations Unlimited, Inc., Bluegreen Vacations Corporation In a May 24, 2021 Post-Hearing Administrative Order, the Undersigned noted that Topic 1 would be deemed abandoned because the parties failed to submit the appropriate source documents. It seems as though the parties have created another abandoned-topic scenario concerning tomorrow morning's discovery hearing.The joint notice for tomorrow's hearing [ECF No. 76] states that Defendant Carlsbad will seek to compel responses to Carlsbad's first set of interrogatories to Plaintiff Bluegreen Vacations. Attorney Brian Wagner submitted a pdf entitled "Bluegreen's Answers to Carlsbad's First set of Interrogatories (emphasis supplied).So far, so good.But the actual pdf is Bluegreen's Answers to Slattery's First Set of Interrogatories.Slattery and Carlsbad are separate named Defendants.So it sure seems as though an incorrect discovery response was submitted but was incorrectly designated. Conceivably, perhaps the parties internally deem Slattery and Carlsbad to be the same entity and use an imprecise and interchangeable method of referring to named Defendants.In any event, this scenario is confusing, at least to me, and clarification is required.Therefore, the party who wants me to rule on the sufficiency of Bluegreen's answers to Carlsbad's first set of interrogatories to Bluegreen shall by 9:00 p.m. tonight file on CM/ECF a notice of clarification, explaining whether the submitted source material is indeed the one at issue. If not (and if Bluegreen's answers to Carlsbad's interrogatories is actually the appropriate exhibit to be reviewed), then the correct exhibit will be submitted to the Court's efile inbox by the same deadline (or it will be considered abandoned for tomorrow's hearing). Signed by Magistrate Judge Jonathan Goodman on 6/6/2021. (JG)
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Filing 76
NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/7/2021 09:30 AM in Miami Division before Magistrate Judge Jonathan Goodman. (Rubin, Glennys)
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Filing 75
Clerks Entry of Default as to Gallagher-Clifton, LLC, MG&N GROUP LLC, Paul Stewart, Angela Consalvo - Motions Terminated: #74 Motion for Clerks Entry of Default, Signed by DEPUTY CLERK on 6/2/2021. (amb)
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Filing 74
MOTION for Clerks Entry of Default Motion for Entry of Clerk's Default Against Defendants Gallagher-Clifton, LLC, MG&N Group, LLP, Paul Stewart, and Angela Consalvo and Incorporated Memorandum of Law as to Angela Consalvo, Gallagher-Clifton, LLC, MG&N GROUP LLC, Paul Stewart by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Rubin, Glennys)
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Filing 73
Post-Discovery Hearing Administrative Order. Signed by Magistrate Judge Jonathan Goodman on 5/24/2021. See attached document for full details. (krk)
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Filing 72
PAPERLESS ORDER regarding Zoom Discovery Hearing set for 6/7/2021 at 9:30AM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1613846797?pwd=NXJENDZUTGVsc0NlYzFtbFJRZmFVQT09. Meeting ID: 161 384 6797. Passcode: 175878. This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Signed by Magistrate Judge Jonathan Goodman on 5/20/2021. (fbn)
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Filing 71
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Zoom Discovery Hearing held on 5/20/2021. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Eric Christu, Benjamin Travis Brown, Glennys Ortega Rubin, William Scott Gabrielson, Andrew Markin Feldman, Patrick John McGinley, Daniel DeSouza, Morgan Fayocavitz. (Digital JG_02_05-20-2021/ Zoom) (fbn)
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Filing 70
**HEARING CHANGE FROM A TELEPHONIC PROCEEDING TO A ZOOM PROCEEDING** PAPERLESS ORDER regarding Zoom Discovery Hearing set for 5/20/2021 at 4:00PM in the Miami Division before Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows: Join ZoomGov Meeting https://www.zoomgov.com/j/1604182798?pwd=Q2NQOWtrTW9HYUYzK3dvSkxVVmNqZz09. Meeting ID: 160 418 2798. Passcode: 523316.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.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. Given the short notice, counsel are excused from the court attire requirement if they do not have court attire handy or if court attire is not reasonably accessible. Signed by Magistrate Judge Jonathan Goodman on 5/20/2021. (fbn)
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Filing 69
NOTICE by Carlsbad Law Group, LLP, J.L. Sean Slattery re #6 Order of Authorities for May 20, 2021 Discovery Hearing (Wagner, Brian)
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Filing 68
NOTICE by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #6 Order Plaintiffs' Notice of Authorities For May 20, 2021 Discovery Hearing (Rubin, Glennys)
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Filing 67
PAPERLESS ORDER Regarding Telephonic Discovery Hearing Set for May 20, 2021 at 4:00pm. Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack land line access, so those attorneys may use cell phones without placing them on mute.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. Signed by Magistrate Judge Jonathan Goodman on 5/19/2021. (krk)
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Filing 66
NOTICE by Carlsbad Law Group, LLP, J.L. Sean Slattery Joint Notice of Discovery Hearing (Gabrielson, William)
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Filing 65
CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Christian W Waugh re #63 Notice of Change of Address, Email or Law Firm Name. Attorney Christian W Waugh has not completed the required procedures for updating their information with the Court. After filing a Notice in all pending cases, 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)
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Filing 64
NOTICE of Attorney Appearance by Christian W Waugh on behalf of Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC (Waugh, Christian)
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Filing 63
NOTICE of Change of Address, Email or Law Firm Name by Christian W Waugh (Waugh, Christian)
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Filing 62
NOTICE of Attorney Appearance by Benjamin Travis Brown on behalf of Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Attorney Benjamin Travis Brown added to party Bluegreen Vacations Corporation(pty:pla), Attorney Benjamin Travis Brown added to party Bluegreen Vacations Unlimited, Inc.(pty:pla). (Brown, Benjamin)
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Filing 61
RESPONSE in Opposition re #56 MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM Plaintiffs' Response in Opposition to Defendant Timeshare Lawyers, P.A.'s Motion to Dismiss and Memorandum of Law in Support filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 5/13/2021. (Rubin, Glennys)
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Filing 60
Amended Scheduling Order and Order of Referral to Mediation: Trial set for 8/15/2022 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 8/9/2022 at 9:00 AM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 5/3/2021. See attached document for full details. (ail)
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Filing 59
RESPONSE in Opposition re #57 Motion for Extension of Time filed by Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC. Replies due by 5/11/2021. (Waugh, Christian)
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Filing 58
RESPONSE in Opposition re #52 MOTION to Dismiss #1 Complaint,,,, #51 Defendant's MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM and/or FAILURE TO PLEAD FRAUD WITH SPECIFICITY, OR IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT Plaintiffs' Response in Opposition to Defendant Patrick Thompson's Motion to Dismiss and Memorandum of Law filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 5/10/2021. (Rubin, Glennys)
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Filing 57
Plaintiffs' Unopposed, In Part, Motion to Extend Deadlines in Scheduling Order and Incorporated Memorandum of Law re #36 Scheduling Order, Order Referring Case to Mediation,, by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 5/14/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Rubin, Glennys)Text Modified on 5/3/2021 (ail).
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Filing 56
MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM by Timeshare Lawyers, P.A.. Attorney Daniel DeSouza added to party Timeshare Lawyers, P.A. (pty:dft). Responses due by 5/7/2021 (DeSouza, Daniel)
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Filing 55
ORDER On Clerks Default Procedure Signed by Judge Robert N. Scola, Jr on 4/22/2021. See attached document for full details. (ail)
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Filing 54
PAPERLESS ORDER striking #49 #53 Defendant Padraic Deighan's Motions to Quash Subpoenas due to Defendant Padraic Deighan's failure to comply with the Undersigned's Discovery Procedures Order, at ECF No. 6. Signed by Magistrate Judge Jonathan Goodman on 4/21/2021. (krk)
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Filing 53
**STRICKEN** MOTION to Quash Subpoena and Incorporated Memorandum of Law by Padraic Deighan. (ail)Text Modified on 4/22/2021 per DE 54 ORDER (ail).
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Filing 52
MOTION to Dismiss for Failure to State A Claim, Failure to Pierce the Corporate Veil, and Failure to Include an Indispensable Party and Incorporated Memorandum of Law #1 Complaint by Patrick Thompson. Responses due by 5/3/2021 (ail)
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Filing 51
Defendant's MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM and/or FAILURE TO PLEAD FRAUD WITH SPECIFICITY, OR IN THE ALTERNATIVE, MOTION FOR MORE DEFINITE STATEMENT by Patrick Thompson. Attorney Patrick John McGinley added to party Patrick Thompson(pty:dft). Responses due by 5/3/2021 (McGinley, Patrick)
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Filing 50
RESPONSE in Opposition re #48 MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM Plaintiffs' Response in Opposition to Attorney Defendant Padraic Deighan's Pro Se Motion to Dismiss For Failure to State a Claim, Failure to Pierce Corporate Veil, Failure to Include an Indispensable Party and Memorandum of Law filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 4/26/2021. (Rubin, Glennys)
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Filing 49
**STRICKEN** MOTION to Quash Court Subpoena, In the Alternative, MOTION Request to Limit Scope of Subpoena by Padraic Deighan. (ail) Text Modified on 4/22/2021 per DE 54 ORDER (ail).
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Filing 48
MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Paddy Deighan, Padraic Deighan.(multiple names used on documents) Responses due by 4/19/2021 (Attachments: #1 Duplicate Motion)(ail)
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Filing 47
SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Patrick Thompson served on 3/27/2021, answer due 4/19/2021. (Rubin, Glennys)
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Filing 46
SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Timeshare Lawyers, P.A. served on 3/27/2021, answer due 4/19/2021. (Rubin, Glennys)
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Filing 45
PAPERLESS ORDER: The Court denies #44 joint motion to respond to the discovery. The motion represents that Plaintiffs and the Yuge Defendants agree to give each side an additional 30 days to respond to their respective discovery requests. Local Rule 26.1(a) states: "Parties may stipulate in writing to modify any practice or procedure governing discovery hereunder unless doing so would violate a Court-ordered deadline, obligation, or restriction." Because the parties are in agreement and no Court-ordered deadline, obligation, or restriction is affected, the parties are free to stipulate to enlarge the deadline without Court intervention. Signed by Judge Robert N. Scola, Jr. (agn)
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Filing 44
Joint MOTION for Extension of Time to Respond to Discovery by Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC. Responses due by 4/5/2021 (Waugh, Christian)
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Filing 43
PAPERLESS ORDER: The Court strikes the Plaintiff's initial disclosures #42 . The Local Rules specifically provide that [i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; and (5) notices of taking depositions or notices of serving subpoenas. S.D. Fla. L.R. 26.1(b). Therefore, the filing of these materials at this time is improper. Signed by Judge Robert N. Scola, Jr. (agn)
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Filing 42
Initial Disclosure(s) Plaintiff's Initial Rule 26 Disclosures by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Rubin, Glennys)
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Filing 41
SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Paul Stewart served on 2/26/2021, answer due 3/19/2021. (Rubin, Glennys)
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Filing 40
SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Gallagher-Clifton, LLC served on 2/26/2021, answer due 3/19/2021. (Rubin, Glennys)
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Filing 39
Joint SCHEDULING REPORT - Rule 26(f) by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Rubin, Glennys)
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Filing 38
RESPONSE in Support re #17 MOTION to Dismiss with Prejudice #1 Complaint,,, filed by Rich Folk, Pandora Marketing, LLC, VCF ENTERPRISES, LLC, William Wilson. (Park, Houston)
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Filing 37
Order Denying Bluegreens Motion to Stay Response to Motion to Dismiss and Request for Jurisdictional Discovery. ORDER denying #33 Motion. Signed by Judge Robert N. Scola, Jr on 2/18/2021. See attached document for full details. (amb)
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Filing 36
Scheduling Order and Order of Referral to Mediation. SCHEDULING ORDER: ( Jury Trial set for 1/31/2022 before Judge Robert N. Scola Jr. Calendar Call set for 1/25/2022 09:00 AM in Miami Division before Judge Robert N. Scola Jr.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 10/21/2021.) Signed by Judge Robert N. Scola, Jr on 2/18/2021. See attached document for full details. (amb) #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 35
RESPONSE in Opposition re #17 MOTION to Dismiss with Prejudice #1 Complaint,,, Plaintiffs' Response in Opposition To Defendants Pandora Marketing, LLC, VCF Enterprises, LLC, Rich Folk, and William "Bo" Wilson's Motion to Dismiss the Complaint and Incorporated Memorandum of Law filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 2/23/2021. (Attachments: #1 Exhibit A)(Rubin, Glennys)
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Filing 34
CERTIFICATE of Counsel re #33 MOTION to Stay Response to Certain Defendants' Motion to Dismiss And For Leave to Conduct Jurisdictional Discovery and Incorporated Memorandum of Law re #17 MOTION to Dismiss with Prejudice #1 Complaint,,, Plaintiffs' Amended Certificate of Compliance with LR 7.1(a)(3) by Glennys Ortega Rubin on behalf of Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. (Rubin, Glennys)
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Filing 33
MOTION to Stay Response to Certain Defendants' Motion to Dismiss And For Leave to Conduct Jurisdictional Discovery and Incorporated Memorandum of Law re #17 MOTION to Dismiss with Prejudice #1 Complaint,,, Plaintiffs' Motion to Stay Response to Certain Defendants' Motion to Dismiss and For Leave to Conduct Jurisdictional Discovery and Incorporated Memorandum of Law by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Rubin, Glennys)
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Filing 32
PAPERLESS ORDER: The Court grants in part #31 Plaintiffs' motion for extension of time to serve Defendants Timeshare Lawyers, P.A., Gallagher-Clifton, LLC, Paul Stewart, and Patrick Thompson. The motion sets forth good cause for an extension of time to serve the Defendants, however, fails to justify the 90 days requested, particularly where the Plaintiffs claim the Defendants are avoiding service and the Plaintiffs do not know where to locate them. Accordingly, Plaintiffs must serve the Defendants by April 8, 2021. If service is not effectuated by that time, Plaintiffs shall notify the Court of the need for additional time or voluntarily dismiss the claims against those Defendants. Signed by Judge Robert N. Scola, Jr. (agn)
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Filing 31
MOTION for Extension of Time To Serve Defendants Timeshare Lawyers, P.A., Gallagher-Clifton, LLC, Paul Stewart, and Patrick Thompson Plaintiffs' Motion to Enlarge Time to Serve Defendants Timeshare Lawyers, P.A., Gallagher-Clifton, LLC, Paul Stewart, and Patrick Thompson and Memorandum of Law In Support by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Responses due by 2/18/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Rubin, Glennys)
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Filing 30
NOTICE of Compliance Bluegreen Plaintiffs' Notice of Compliance with This Court's Notice to File Proofs of Service (DE26) by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc. re #26 Order (Rubin, Glennys)
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Filing 29
SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Paddy Deighan served on 12/16/2020, answer due 1/6/2021. (Rubin, Glennys)
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Filing 28
SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. MG&N GROUP LLC served on 12/15/2020, answer due 1/5/2021. (Rubin, Glennys)
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Filing 27
SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Angela Consalvo served on 12/15/2020, answer due 1/5/2021. (Rubin, Glennys)
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Filing 26
Notice Of Upcoming Deadline to Serve Under Federal Rule of Civil Procedure 4(m) Signed by Judge Robert N. Scola, Jr on 2/2/2021. See attached document for full details. (ail)
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Filing 25
CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorneys Houston Saffold Park, III, Robert Michael Klein, and Andrew Markin Feldman. Attorneys Houston Saffold Park, III, Robert Michael Klein, and Andrew Markin Feldman are 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 re #22 Notice of Change of Address, Email or Law Firm Name, #23 Notice of Change of Address, Email or Law Firm Name, #24 Notice of Change of Address, Email or Law Firm Name. (pt)
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Filing 24
NOTICE of Change of Address, Email or Law Firm Name by Robert Michael Klein (Klein, Robert)
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Filing 23
NOTICE of Change of Address, Email or Law Firm Name by Andrew Markin Feldman (Feldman, Andrew)
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Filing 22
NOTICE of Change of Address, Email or Law Firm Name by Houston Saffold Park, III (Park, Houston)
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Filing 21
NOTICE of Attorney Appearance by Robert Michael Klein on behalf of Rich Folk, Pandora Marketing, LLC, VCF ENTERPRISES, LLC, William Wilson. Attorney Robert Michael Klein added to party Rich Folk(pty:dft), Attorney Robert Michael Klein added to party Pandora Marketing, LLC(pty:dft), Attorney Robert Michael Klein added to party VCF ENTERPRISES, LLC(pty:dft), Attorney Robert Michael Klein added to party William Wilson(pty:dft). (Klein, Robert)
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Filing 20
NOTICE of Attorney Appearance by Andrew Markin Feldman on behalf of Rich Folk, Pandora Marketing, LLC, VCF ENTERPRISES, LLC, William Wilson. Attorney Andrew Markin Feldman added to party Rich Folk(pty:dft), Attorney Andrew Markin Feldman added to party Pandora Marketing, LLC(pty:dft), Attorney Andrew Markin Feldman added to party VCF ENTERPRISES, LLC(pty:dft), Attorney Andrew Markin Feldman added to party William Wilson(pty:dft). (Feldman, Andrew) Modified on 7/14/2022 (drz). Modified TEXT on 7/14/2022 (drz).
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Filing 19
NOTICE of Attorney Appearance by Houston Saffold Park, III on behalf of Rich Folk, Pandora Marketing, LLC, VCF ENTERPRISES, LLC, William Wilson (Park, Houston)
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Filing 18
NOTICE of Attorney Appearance by Houston Saffold Park, III on behalf of Rich Folk, Pandora Marketing, LLC, VCF ENTERPRISES, LLC, William Wilson (Park, Houston)
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Filing 17
MOTION to Dismiss with Prejudice #1 Complaint,,, by Rich Folk, Pandora Marketing, LLC, VCF ENTERPRISES, LLC, William Wilson. Attorney Houston Saffold Park, III added to party Rich Folk(pty:dft), Attorney Houston Saffold Park, III added to party Pandora Marketing, LLC(pty:dft), Attorney Houston Saffold Park, III added to party VCF ENTERPRISES, LLC(pty:dft), Attorney Houston Saffold Park, III added to party William Wilson(pty:dft). Responses due by 2/16/2021 (Attachments: #1 Exhibit, #2 Exhibit)(Park, Houston)
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Filing 16
REPLY to Response to Motion re #8 MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM or in the Alternative, Motion for More Definite Statement and Incorporated Memorandum of Law filed by Carlsbad Law Group, LLP, J.L. Sean Slattery. (Wagner, Brian)
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Filing 15
RESPONSE in Opposition re #8 MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM or in the Alternative, Motion for More Definite Statement and Incorporated Memorandum of Law Plaintiffs' Response in Opposition to Defendants Carlsbad and JL "Sean" Slattery's Motion to Dismiss Complaint For Failure to State a Claim, or, in the Alternative, Motion for More Definite Statement and Incorporated Memorandum of Law filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. Replies due by 1/26/2021. (Rubin, Glennys)
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Filing 14
ANSWER and Affirmative Defenses to Complaint with Jury Demand by Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC. (Waugh, Christian)
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Filing 13
NOTICE of Attorney Appearance by Christian W Waugh on behalf of Bigly Internet Marketing, LLC, David Crader, Yuge Internet Marketing, LLC (Waugh, Christian)
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Filing 12
NOTICE by Bigly Internet Marketing, LLC Notice of Appearance. Attorney Christian W Waugh added to party Bigly Internet Marketing, LLC(pty:dft). (Waugh, Christian)
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Filing 11
NOTICE by Yuge Internet Marketing, LLC Notice of Appearance. Attorney Christian W Waugh added to party Yuge Internet Marketing, LLC(pty:dft). (Waugh, Christian)
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Filing 10
NOTICE by David Crader Notice of Appearance. Attorney Christian W Waugh added to party David Crader(pty:dft). (Waugh, Christian)
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Filing 9
NOTICE of Attorney Appearance by William Scott Gabrielson on behalf of Carlsbad Law Group, LLP, J.L. Sean Slattery. Attorney William Scott Gabrielson added to party Carlsbad Law Group, LLP(pty:dft), Attorney William Scott Gabrielson added to party J.L. Sean Slattery(pty:dft). (Gabrielson, William)
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Filing 8
MOTION TO DISMISS #1 Complaint,,, FOR FAILURE TO STATE A CLAIM or in the Alternative, Motion for More Definite Statement and Incorporated Memorandum of Law by Carlsbad Law Group, LLP, J.L. Sean Slattery. Responses due by 1/19/2021 (Wagner, Brian)
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Filing 7
NOTICE of Attorney Appearance by Brian L Wagner on behalf of Carlsbad Law Group, LLP, J.L. Sean Slattery. Attorney Brian L Wagner added to party Carlsbad Law Group, LLP(pty:dft), Attorney Brian L Wagner added to party J.L. Sean Slattery(pty:dft). (Wagner, Brian)
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Filing 6
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/17/2020. See attached document for full details. (fbn)
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Filing 5
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge. ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 11/16/2020. See attached document for full details. (amb)
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Filing 4
FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (amb) Text Modified on 11/16/2020 (amb).
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Filing 3
Summons Issued as to Bigly Internet Marketing, LLC, Carlsbad Law Group, LLP, Angela Consalvo, David Crader, Paddy Deighan, Rich Folk, Gallagher-Clifton, LLC, MG&N GROUP LLC, Pandora Marketing, LLC, J.L. Sean Slattery, Paul Stewart, Patrick Thompson, Timeshare Lawyers, P.A., VCF ENTERPRISES, LLC, William Wilson, Yuge Internet Marketing, LLC. (amb)
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Filing 2
Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. 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. (amb)
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Filing 1
COMPLAINT For Damages And Injunctive Relief against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13864706, filed by Bluegreen Vacations Corporation, Bluegreen Vacations Unlimited, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet, #4 Summon(s) Summons-Bigly, #5 Summon(s) Summons-Carlsbad, #6 Summon(s) Summons-Consalvo, #7 Summon(s) Summons-Crader, #8 Summon(s) Summons-Deighan, #9 Summon(s) Summons-Folk, #10 Summon(s) Summons-Gallagher, #11 Summon(s) Summons-NCR, #12 Summon(s) Summons-Slattery, #13 Summon(s) Summons-Stewart, #14 Summon(s) Summons-Thompson, #15 Summon(s) Summons-Timeshare Lawyers, #16 Summon(s) Summons-TSC, #17 Summon(s) Summons-VCF, #18 Summon(s) Summons-Wilson, #19 Summon(s) Summons-Yuge)(Christu, Eric) Modified to correctly show who the complaint is against on 11/16/2020 (jua).
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