Federal Trade Commission v. Digital Income System, Inc. et al
| Federal Trade Commission |
| Derek Jones Foley, Kaitlyn Scott, William Foley, Digital Income System, Inc., Christopher Brandon Frye, Jennifer Hedrick and Derek Jones |
| 1:2020cv24721 |
| November 16, 2020 |
| U.S. District Court for the Southern District of Florida |
| Lisette M Reid |
| Ursula Ungaro |
| Other Statutory Actions |
| 15 U.S.C. § 0045 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 MOTION to Amend/Correct #33 Answer to Complaint with Amended Affirmative Defenses by Jennifer Hedrick. Responses due by 1/28/2021 (Attachments: #1 Exhibit Docket Copy of First Amended Affirmative Defenses Hedrick)(Maldonado, Edward) |
| Filing 45 MOTION for Default Judgment by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Kirtz, Harold) |
| Filing 44 NOTICE of Filing Discovery: Notice of filing Answers to Interrogatories by Digital Income System, Inc..(Gutierrez, Julio) |
| Filing 43 NOTICE of Mediator Selection. Selected/Added Pamela I. Perry as Mediator. (Kirtz, Harold) |
| Filing 42 RESPONSE to #33 Answer to Complaint, #32 Answer to Complaint, #31 Answer to Complaint and Motion to Strike Certain Affirmative Defenses by Federal Trade Commission. (Kirtz, Harold) |
| Filing 41 Clerks Entry of Default as to Christopher Brandon Frye, Kaitlyn Scott per Order Directing Clerk to Enter Default Re: #40 Order Directing Clerk to Enter Default,. Signed by DEPUTY CLERK on 12/22/2020. (amb) |
Filing 40
ORDER. Order Directing Clerk to Enter Default(s) as to Christopher Brandon Frye, Kaitlyn Scott Plaintiff SHALL file a Motion for Final Default Judgment against Defendants Scott and Frye, duly supported by affidavits and other documentation and a proposed Final Order by January 13, 2021. Failure to comply may result in dismissal of the action against those Defendants. Signed by Judge Ursula Ungaro on 12/22/2020. See attached document for full details. (amb)
|
|
Filing 39
ORDER OF REFERRAL TO MEDIATION. Signed by Judge Ursula Ungaro on 12/21/2020. See attached document for full details. (amb)
|
|
Filing 38
SCHEDULING ORDER FOR PRETRIAL CONFERENCE AND TRIAL. SCHEDULING ORDER: Amended Pleadings due by 1/15/2021. Discovery due by 4/23/2021. Expert Discovery due by 4/23/2021. Fact Discovery due by 4/23/2021. Joinder of Parties due by 1/15/2021. Dispositive Motions due by 5/14/2021. Motions due by 5/14/2021. Pretrial Stipulation due by 5/21/2021. Jury Trial set for 7/19/2021 09:00 AM before Judge Ursula Ungaro. Calendar Call set for 7/14/2021 01:00 PM before Judge Ursula Ungaro. Pretrial Conference set for 7/2/2021 11:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 12/21/2020. 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.
|
| Filing 37 STIPULATED PRELIMINARY INJUNCTION. Signed by Judge Ursula Ungaro on 12/21/2020. See attached document for full details. (amb) |
| Filing 36 PRELIMINARY INJUNCTION AS TO DEFENDANT CHRISTOPHER BRANDON FRYE. Signed by Judge Ursula Ungaro on 12/18/2020. See attached document for full details. (amb) |
|
Filing 35
ORDER moot #5 Motion for Temporary Restraining Order; moot #5 Motion to Appoint Receiver. ; moot #5 Motion for Order to Show Cause ; Adopting #22 Report and Recommendations. Signed by Judge Ursula Ungaro on 12/18/2020. See attached document for full details. (amb)
|
| Filing 34 NOTICE by Federal Trade Commission of Filing of Joint Scheduling Report and Proposed Scheduling Order (Attachments: #1 Text of Proposed Order, #2 Certification) (Kirtz, Harold) |
| Filing 33 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Jennifer Hedrick. (Maldonado, Edward) |
| Filing 32 ANSWER and Affirmative Defenses to Complaint by William Foley. (Rosenbaum, Joseph) |
| Filing 31 ANSWER and Affirmative Defenses to Complaint by Digital Income System, Inc., Derek Jones Foley. (Gutierrez, Julio) |
| Filing 30 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Federal Trade Commission. William Foley served on 11/19/2020, answer due 12/10/2020. (Kirtz, Harold) |
| 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 Federal Trade Commission. Derek Jones Foley served on 11/19/2020, answer due 12/10/2020. (Kirtz, Harold) |
| 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 Federal Trade Commission. Digital Income System, Inc. served on 11/19/2020, answer due 12/10/2020. (Kirtz, Harold) |
| 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 Federal Trade Commission. Kaitlyn Scott served on 11/20/2020, answer due 12/11/2020. (Kirtz, Harold) |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Federal Trade Commission. Jennifer Hedrick served on 11/19/2020, answer due 12/10/2020. (Kirtz, Harold) |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Federal Trade Commission. Christopher Brandon Frye served on 11/19/2020, answer due 12/10/2020. (Kirtz, Harold) |
|
Filing 24
ORDER granting #23 Motion to Extend the Temporary Restraining Order. TheTemporary Restraining Order, D.E. #12 , is extended through December 22, 2020. Signed by Judge Ursula Ungaro on 12/2/2020. See attached document for full details. (mc)
|
| Filing 23 Plaintiff's MOTION to Continue Temporary Restraining Order by Federal Trade Commission. Responses due by 12/15/2020 (Kirtz, Harold) |
|
Filing 22
REPORT AND RECOMMENDATIONS re #12 Temporary Restraining Order; Recommending that that the Court issue a preliminary injunction enjoining all Defendants from the violations of the law alleged in the Complaint, continuing the freeze of their assets, continuing the receivership, and imposing such additional relief as may be appropriate pending a final ruling on the Complaint. Objections to R&R due by 12/15/2020. Signed by Magistrate Judge Lisette M. Reid on 12/1/2020. See attached document for full details. (br)
|
| Filing 21 NOTICE of Attorney Appearance by Curtis Bradley Miner on behalf of Curtis B. Miner. Attorney Curtis Bradley Miner added to party Curtis B. Miner(pty:rc). (Miner, Curtis) |
| Filing 20 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lisette M. Reid: Show Cause Hearing held on 12/1/2020. Defendant Christopher Brandon Frye was not present. This court will recommend that a preliminary injunction be issued against Christopher Brandon Frye. It will also recommend that the preliminary injunction is continued until this case is resolved. Finally, the court will recommend that the stipulation as to the remaining defendants be accepted. Order to follow. Total time in court: 30 minutes. Attorney Appearance(s): Julio Gutierrez, Harold E. Kirtz, Lara Tumeh, Joseph Steven Rosenbaum, Edward Maldonado, Other appearances: Curtis Miner - Receiver and Kaitlyn Scott - Defendant. (Digital LMR 01 12-01-20 ZOOM) (br) |
| Filing 19 NOTICE of Attorney Appearance by Joseph Steven Rosenbaum on behalf of William Foley. Attorney Joseph Steven Rosenbaum added to party William Foley(pty:dft). (Rosenbaum, Joseph) |
| Filing 18 NOTICE of Attorney Appearance by Julio Gutierrez on behalf of Digital Income System, Inc.. Attorney Julio Gutierrez added to party Digital Income System, Inc.(pty:dft). (Gutierrez, Julio) |
| Filing 17 NOTICE of Attorney Appearance by Edward Maldonado on behalf of Jennifer Hedrick. Attorney Edward Maldonado added to party Jennifer Hedrick(pty:dft). (Maldonado, Edward) |
| Filing 16 NOTICE of Attorney Appearance by Julio Gutierrez on behalf of Derek Jones Foley. Attorney Julio Gutierrez added to party Derek Jones Foley(pty:dft). (Gutierrez, Julio) |
| Filing 15 CLERK'S NOTICE of Compliance by unsealing entire case pursuant to DE #10 Order (mc) |
| Set/Reset Hearings Show Cause Hearing set for 12/1/2020 09:30 AM in Miami Division before Magistrate Judge Lisette M. Reid. (br) |
|
Filing 14
STANDING ORDER ON ZOOM AND OTHER VIDEO-CONFERENCE HEARINGS. Signed by Judge Ursula Ungaro on 11/18/2020. See attached document for full details. (mc)
|
|
Filing 13
ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE (Joint Planning and Scheduling Report due by 12/11/2020, Initial Planning and Scheduling Conference set for 1/4/2021 09:30 AM in Miami Division before Judge Ursula Ungaro). Signed by Judge Ursula Ungaro on 11/18/2020. See attached document for full details. (mc)
|
|
Filing 12
TEMPORARY RESTRAINING ORDER. Signed by Judge Ursula Ungaro on 11/17/2020. See attached document for full details. (mc)
|
|
Filing 11
ORDER granting #4 Motion to Allow for Excess Pages. Signed by Judge Ursula Ungaro on 11/17/2020. See attached document for full details. (mc)
|
|
Filing 10
ORDER granting #3 Motion to Seal. Unless otherwise ordered or provided, the seal entered by this Order shall automatically dissolve on Friday, November 20, 2020, at 5:00 p.m. Signed by Judge Ursula Ungaro on 11/17/2020. See attached document for full details. (mc)
|
|
Filing 9
ORDER REFERRING #5 MOTION for Temporary Restraining Order MOTION to Appoint Receiver MOTION for Order to Show Cause filed by Federal Trade Commission. Motions referred to Judge Lisette M. Reid. Signed by Judge Ursula Ungaro on 11/17/2020. See attached document for full details. (mc)
|
| Filing 8 Summons Issued as to Digital Income System, Inc., Derek Jones Foley, William Foley, Christopher Brandon Frye, Jennifer Hedrick, Kaitlyn Scott. (mc) |
| Filing 7 APPLICATION for Appointment of Temporary Receiver by Federal Trade Commission re #5 Ex Parte Motion for a Temporary Restraining Order, Asset Freeze, Appointment of a Receiver, Other Equitable Relief, and an Order to Show Cause Why a Preliminary Injunction Should Not Issue and Memorandum in Support of Ex Parte Motions (Attachments: #1 Exhibit A, #2 Exhibit B) (mc) |
| Filing 6 CERTIFICATION AND DECLARATION of Plaintiff's Counsel Harold Kirtz in Support of: (1) Plaintiff's Ex Parte Motion for Temporary Restraining Order, Asset Freeze, and Other Equitable Relief, and Order to Show Cause Why a Preliminary Injunction Should Not be entered; and (2) Plaintiff's Ex Parte Motion to Seal (mc) |
| Filing 5 EX PARTE MOTION for a Temporary Restraining Order, Asset Freeze, Appointment of a Receiver, Other Equitable Relief, and an Order to Show Cause Why a Preliminary Injunction Should Not Issue and Memorandum in Support of Ex Parte Motions by Federal Trade Commission.( Responses due by 11/30/2020) (Attachments: #1 Text of Proposed Order)(mc) |
| Filing 4 EX PARTE MOTION to Allow for Excess Pages in Plaintiff's Memorandum in Support of Motion for an Ex Parte Temporary Restraining Order by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(mc) |
| Filing 3 EX PARTE MOTION to Temporary Seal Case File and Memorandum in Support of Motion to Seal by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(mc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (mc) |
| Filing 1 COMPLAINT for Permanent Injunction and Other Equitable Relief against Digital Income System, Inc., Derek Jones Foley, William Foley, Christopher Brandon Frye, Jennifer Hedrick, Kaitlyn Scott. Filing fees $ 400.00. USA Filer - No Filing Fee Required, filed by Federal Trade Commission. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (mc) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
