Borges v. SmileDirectClub, LLC.
| Alejandro Borges |
| SmileDirectClub, LLC |
| 1:2021cv23011 |
| August 18, 2021 |
| US District Court for the Southern District of Florida |
| John J O'Sullivan |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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Filing 31
Joint MOTION for Hearing Requesting a Status Conference by SmileDirectClub, LLC. (Kosches, Jordan)
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Filing 30
NOTICE OF WITHDRAWAL OF MOTION by Alejandro Borges re #22 MOTION to Remand to State Court filed by Alejandro Borges (Phillips, Jacob)
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Filing 29
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Ch. Magistrate Judge John J. O'Sullivan for Trial. Judge Marcia G. Cooke no longer assigned as presider judge in case. Signed by Judge Marcia G. Cooke on 9/30/2021. See attached document for full details. (ail)
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Filing 28
Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Alejandro Borges (Shamis, Andrew)
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Filing 27
CERTIFICATE of Counsel re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, Notice of Meet and Confer by Jordan Scott Kosches on behalf of SmileDirectClub, LLC (Kosches, Jordan)
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Filing 26
Plaintiff's REPLY to Response to Motion re #22 MOTION to Remand to State Court filed by Alejandro Borges. (Phillips, Jacob)
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Filing 25
RESPONSE to Motion re #22 MOTION to Remand to State Court filed by SmileDirectClub, LLC. Replies due by 9/20/2021. (Kosches, Jordan)
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Filing 24
Unopposed MOTION for Leave to File Sur-Reply in Opposition to Defendant's Motion to Dismiss by Alejandro Borges. (Attachments: #1 Text of Proposed Order)(Hiraldo, Manuel)
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Filing 23
NOTICE of Attorney Appearance by Amy Lynn Judkins on behalf of Alejandro Borges. Attorney Amy Lynn Judkins added to party Alejandro Borges(pty:pla). (Judkins, Amy)
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Filing 22
MOTION to Remand to State Court by Alejandro Borges. (Phillips, Jacob)
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Filing 21
REPLY to Response to Motion re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, filed by SmileDirectClub, LLC. (Kosches, Jordan)
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Filing 20
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David S. Almeida. David S. Almeida may appear and participate on behalf of the defendant, SmileDirectClub, LLC. The Clerk shall provide electronic notification of all electronic filings to David S. Almeida at dalmeida@beneschlaw.com. Signed by Ch. Magistrate Judge John J. O'Sullivan on 9/3/2021. (mms)
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Filing 19
PAPERLESS ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mark S. Eisen. Mark S. Eisen may appear and participate on behalf of the defendant, SmileDirectClub, LLC. The Clerk shall provide electronic notification of all electronic filings to Mark S. Eisen at meisen@beneschlaw.com. Signed by Ch. Magistrate Judge John J. O'Sullivan on 9/3/2021. (mms)
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Filing 18
RESPONSE in Opposition re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, filed by Alejandro Borges. Replies due by 9/9/2021. (Attachments: #1 Exhibit A - Prior SmileDirect Class Settlement Agreement, #2 Exhibit B - Bill Analysis)(Hiraldo, Manuel)
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Filing 17
ENDORSED ORDER denying #10 Corrected Motion to Stay. Signed by Judge Marcia G. Cooke on 9/2/2021. (btn)
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Filing 16
ENDORSED ORDER denying #9 Motion to Stay. Signed by Judge Marcia G. Cooke on 9/2/2021. (btn)
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Filing 15
ENDORSED ORDER denying #13 Expedited Motion to Stay Case Pending the Court's Resolution of the Motion to Dismiss. Signed by Judge Marcia G. Cooke on 9/2/2021. (btn)
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Filing 14
NOTICE of Attorney Appearance by Jacob Lawrence Phillips on behalf of Alejandro Borges. Attorney Jacob Lawrence Phillips added to party Alejandro Borges(pty:pla). (Phillips, Jacob)
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Filing 13
EXPEDITED MOTION to Stay Case Pending Disposition of Defendant's Motion to Dismiss Complaint re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by SmileDirectClub, LLC. (Attachments: #1 Exhibit Order Granting a Stay in Schaevitz v Braman Hyundai, #2 Text of Proposed Order)(Kosches, Jordan)
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Filing 12
NOTICE of Attorney Appearance by Matthew John Langley on behalf of SmileDirectClub, LLC. Attorney Matthew John Langley added to party SmileDirectClub, LLC(pty:dft). (Langley, Matthew)
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Filing 11
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES Signed by Judge Marcia G. Cooke on 8/27/2021. See attached document for full details. (ail)
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Filing 10
Corrected MOTION to Stay re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, to stay the case pending resolution of the Motion to Dismiss by SmileDirectClub, LLC. Responses due by 9/8/2021 (Attachments: #1 Exhibit Order Granting a Stay in Schaevitz v Braman Hyundai)(Kosches, Jordan)
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Filing 9
Defendant's MOTION to Stay re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, to stay the case pending resolution of the Motion to Dismiss by SmileDirectClub, LLC. Responses due by 9/7/2021 (Kosches, Jordan)
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Filing 8
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David S. Almeida. Filing Fee $ 200.00 Receipt # AFLSDC-14951554 by SmileDirectClub, LLC. Responses due by 9/7/2021 (Attachments: #1 Certification of David S. Almeida, #2 Text of Proposed Order)(Kosches, Jordan)
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Filing 7
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark S. Eisen. Filing Fee $ 200.00 Receipt # AFLSDC-14951530 by SmileDirectClub, LLC. Responses due by 9/7/2021 (Attachments: #1 Certification of Mark S. Eisen, #2 Text of Proposed Order)(Kosches, Jordan)
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Filing 6
NOTICE of Attorney Appearance by Manuel Santiago Hiraldo on behalf of Alejandro Borges. Attorney Manuel Santiago Hiraldo added to party Alejandro Borges(pty:pla). (Hiraldo, Manuel)
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Filing 5
NOTICE by SmileDirectClub, LLC re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, of constitutional challenge pursuant to FRCP 5.1 (Kosches, Jordan)
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Filing 4
Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by SmileDirectClub, LLC. Responses due by 9/2/2021 (Attachments: #1 Exhibit A - Amendments to the FTSA, #2 Exhibit B - March 25, 2021 Bill Analysis and Fiscal Impact Statement, #3 Exhibit B - April 19, 2021 Bill Analysis and Fiscal Impact Statement)(Kosches, Jordan)
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Filing 3
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by SmileDirectClub, LLC identifying Corporate Parent SDC Financial, LLC, Corporate Parent SmileDirectClub, Inc. for SmileDirectClub, LLC (Kosches, Jordan)
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Filing 2
Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. (pes)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint) Filing fee $ 402.00 receipt number AFLSDC-14940344, filed by SmileDirectClub, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit 1 - Class Action Complaint, #4 Exhibit 2 - State Court Pleadings, #5 Exhibit 3 - Waiver of Service of Process, #6 Exhibit 4 - Service Return and Summons, #7 Exhibit 5 - Discovery Requests, #8 Exhibit 6 - Declaration of Caitlin Lindner, #9 Exhibit 7 - Declaration of Troy Crawford, #10 Exhibit 8 - Declaration of Mark Eisen)(Kosches, Jordan)
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