Tymar Distribution LLC v. Mitchell Group USA, LLC et al
Plaintiff: Tymar Distribution LLC Plaintiff doing business as New England Express and Tymar Distribution LLC doing business as New England Express
Defendant: MITCHELL GROUP USA, LLC, RIVELLE PRODUCTS INC. and Rivelle Products, Inc. doing business as PricePRO
Case Number: 1:2021cv21976
Filed: May 26, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Edwin G Torres
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 8, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 28, 2021 Opinion or Order Filing 35 STIPULATED PROTECTIVE ORDER, granting #33 Motion for Protective Order. Signed by Chief Judge Cecilia M. Altonaga on 7/28/2021. See attached document for full details. (ps1)
July 27, 2021 Opinion or Order Filing 34 REPLY to Response to Motion re #24 Joint MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, / DEFENDANTS' JOINT MOTION TO DISMISS THE COMPLAINT WITH SUPPORTING MEMORANDUM OF LAW ( Rivelle Products, Inc. and Mitchell Group USA, LLC ) filed by Mitchell Group USA, LLC, Rivelle Products, Inc.. Attorney James J. McGuire added to party Mitchell Group USA, LLC(pty:dft). (McGuire, James)
July 27, 2021 Opinion or Order Filing 33 Joint MOTION for Protective Order by Tymar Distribution LLC. (Gielchinsky, Daniel)
July 23, 2021 Opinion or Order Filing 32 NOTICE of Change of Address, Email or Law Firm Name by Daniel Gielchinsky (Gielchinsky, Daniel)
July 22, 2021 Opinion or Order Filing 31 RESPONSE in Opposition re #24 Joint MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, / DEFENDANTS' JOINT MOTION TO DISMISS THE COMPLAINT WITH SUPPORTING MEMORANDUM OF LAW ( Rivelle Products, Inc. and Mitchell Group USA, LLC ) filed by Tymar Distribution LLC. Replies due by 7/29/2021. (Attachments: #1 Exhibit 1)(Gielchinsky, Daniel)
July 20, 2021 Opinion or Order Filing 30 ORDER denying #25 Motion to Stay Discovery. Signed by Chief Judge Cecilia M. Altonaga on 7/20/2021. See attached document for full details. (ps1)
July 19, 2021 Opinion or Order Filing 29 REPLY to Response to Motion re #25 Defendant's MOTION to Stay Discovery / DEFENDANTS' REPLY IN SUPPORT OF THEIR JOINT MOTION TO STAY DISCOVERY filed by Rivelle Products, Inc.. (McGuire, James)
July 16, 2021 Opinion or Order Filing 28 RESPONSE in Opposition re #25 Defendant's MOTION to Stay Discovery CORRECTED Response in Opposition filed by Tymar Distribution LLC. Replies due by 7/23/2021. (Attachments: #1 Exhibit 1)(Gielchinsky, Daniel)
July 15, 2021 Opinion or Order Filing 27 ORDER that Plaintiff, Tymar Distribution LLC, shall file its response to the Motion to Stay #25 by July 19, 2021. Defendants have until July 20, 2021 to file their reply. Signed by Chief Judge Cecilia M. Altonaga on 7/15/2021. See attached document for full details. (wc)
July 15, 2021 Opinion or Order Filing 26 RESPONSE in Opposition re #25 Defendant's MOTION to Stay Discovery filed by Tymar Distribution LLC. Replies due by 7/22/2021. (Attachments: #1 Exhibit 1)(Gielchinsky, Daniel)
July 15, 2021 Opinion or Order Filing 25 Defendant's MOTION to Stay Discovery by Mitchell Group USA, LLC, Rivelle Products, Inc.. Responses due by 7/29/2021 (Rogero, David)
July 14, 2021 Opinion or Order Filing 24 Joint MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, / DEFENDANTS' JOINT MOTION TO DISMISS THE COMPLAINT WITH SUPPORTING MEMORANDUM OF LAW ( Rivelle Products, Inc. and Mitchell Group USA, LLC ) by Rivelle Products, Inc.. Responses due by 7/28/2021 (Attachments: #1 Exhibit Exhibit A)(McGuire, James)
July 9, 2021 Opinion or Order Filing 23 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 5/9/2022 before Chief Judge Cecilia M. Altonaga. Calendar Call set for 5/3/2022 9:00 AM before Chief Judge Cecilia M. Altonaga. Mediation Deadline 1/18/2022. ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 7/9/2021. See attached document for full details. (scn) #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.
July 9, 2021 Opinion or Order Filing 22 Joint SCHEDULING REPORT - Rule 16.1 by Mitchell Group USA, LLC (Attachments: #1 Proposed Scheduling Order)(Rogero, David)
July 9, 2021 Opinion or Order Filing 21 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Rivelle Products, Inc. (McGuire, James)
July 2, 2021 Opinion or Order Filing 20 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Mitchell Group USA, LLC identifying Corporate Parent Gapardis Health and Beauty, Inc. for Mitchell Group USA, LLC (Rogero, David)
June 23, 2021 Opinion or Order Filing 19 ORDER granting in part #18 Motion for Extension of Time to File Response/Answer to a Complaint; Defendants shall file their combined response or separate answers to Plaintiff's Complaint by 7/14/2021. The deadline for compliance with the June 10, 2021 Order [ECF No. #13 ] will not be extended. Signed by Judge Cecilia M. Altonaga on 6/23/2021. See attached document for full details. (ps1)
June 23, 2021 Opinion or Order Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Rivelle Products, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(McGuire, James)
June 23, 2021 Opinion or Order Filing 17 NOTICE of Attorney Appearance by Mark Richard Caramanica on behalf of Rivelle Products, Inc.. Attorney Mark Richard Caramanica added to party Rivelle Products, Inc.(pty:dft). (Caramanica, Mark)
June 23, 2021 Opinion or Order Filing 16 NOTICE of Attorney Appearance by James J. McGuire on behalf of Rivelle Products, Inc.. Attorney James J. McGuire added to party Rivelle Products, Inc.(pty:dft). (McGuire, James)
June 11, 2021 Opinion or Order Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by Tymar Distribution LLC (Gielchinsky, Daniel)
June 10, 2021 Opinion or Order Filing 14 ORDER that Defendants shall submit a single combined response or separate answers within the time allowed for the last-served Defendant to respond. Signed by Judge Cecilia M. Altonaga on 6/10/2021. See attached document for full details. (ps1)
June 10, 2021 Opinion or Order Filing 13 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 7/9/2021. Signed by Judge Cecilia M. Altonaga on 6/10/2021. See attached document for full details. (ps1)
June 10, 2021 Opinion or Order Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Tymar Distribution LLC. Rivelle Products, Inc. served on 6/9/2021, answer due 6/30/2021. (Gielchinsky, Daniel)
June 10, 2021 Opinion or Order Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Tymar Distribution LLC. Mitchell Group USA, LLC served on 6/3/2021, answer due 6/24/2021. (Gielchinsky, Daniel)
June 1, 2021 Opinion or Order Filing 10 PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Cecilia M. Altonaga (CMA)
May 28, 2021 Opinion or Order Filing 9 SUPPLEMENT to #1 Complaint,, #5 Order, Submitted In Support Of Diversity Jurisdiction Per Order Of May 27, 2021 (DE 5) by Tymar Distribution LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gielchinsky, Daniel)
May 28, 2021 Opinion or Order Filing 8 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark Schlachet, Esq.. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #4 Motion to Appear Pro Hac Vice, by Tymar Distribution LLC. Responses due by 6/11/2021 (Attachments: #1 Certification Certification Of Mark Schlachet, #2 Text of Proposed Order)(Gielchinsky, Daniel)
May 28, 2021 Opinion or Order Filing 7 ORDER denying #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mark Schlachet. Signed by Judge Cecilia M. Altonaga on 5/28/2021. See attached document for full details. (ps1)
May 27, 2021 Opinion or Order Filing 6 NOTICE of Attorney Appearance by Meera Khan on behalf of Tymar Distribution LLC. Attorney Meera Khan added to party Tymar Distribution LLC(pty:pla). (Khan, Meera)
May 27, 2021 Opinion or Order Filing 5 ORDER re #1 Complaint, filed by Tymar Distribution LLC; Plaintiff shall supplement the Complaint or file an amended complaint clarifying the citizenship of each of Defendant, Mitchell Group USA, LLC's members no later than June 2, 2021. Failure to do so will result in dismissal of the action without further notice. Signed by Judge Cecilia M. Altonaga on 5/27/2021. See attached document for full details. (ps1)
May 27, 2021 Opinion or Order Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark Schlachet. Law Offices of Mark Schlachet Filing Fee $ 200.00 Receipt # AFLSDC-14721346 by Tymar Distribution LLC. Responses due by 6/10/2021 (Attachments: #1 Text of Proposed Order)(Gielchinsky, Daniel)
May 27, 2021 Opinion or Order Filing 3 Summons Issued as to MITCHELL GROUP USA, LLC, RIVELLE PRODUCTS INC. (scn)
May 26, 2021 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (scn)
May 26, 2021 Opinion or Order Filing 1 COMPLAINT For Damages (Jury Trial Demand) against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14719054, filed by Tymar Distribution LLC. (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 Civil Cover Sheet, #13 Summon(s) MITCHELL GROUP USA, LLC, #14 Summon(s) RIVELLE PRODUCTS INC., d/b/a PricePRO)(Gielchinsky, Daniel)

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Defendant: MITCHELL GROUP USA, LLC
Represented By: David Michael Rogero
Represented By: James J. McGuire
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Defendant: RIVELLE PRODUCTS INC.
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Defendant: Rivelle Products, Inc. doing business as PricePRO
Represented By: James J. McGuire
Represented By: Mark Richard Caramanica
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Plaintiff: Tymar Distribution LLC Plaintiff doing business as New England Express
Represented By: Daniel Gielchinsky
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Plaintiff: Tymar Distribution LLC doing business as New England Express
Represented By: Daniel Gielchinsky
Represented By: Meera Khan
Represented By: Mark Schlachet
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