Borges v. SmileDirectClub, LLC.
Plaintiff: Alejandro Borges
Defendant: SmileDirectClub, LLC
Case Number: 1:2021cv23011
Filed: August 18, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: John J O'Sullivan
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Opinion or Order Filing 31 Joint MOTION for Hearing Requesting a Status Conference by SmileDirectClub, LLC. (Kosches, Jordan)
October 14, 2021 Opinion or Order Filing 30 NOTICE OF WITHDRAWAL OF MOTION by Alejandro Borges re #22 MOTION to Remand to State Court filed by Alejandro Borges (Phillips, Jacob)
September 30, 2021 Opinion or Order 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)
September 24, 2021 Opinion or Order Filing 28 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Alejandro Borges (Shamis, Andrew)
September 21, 2021 Opinion or Order 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)
September 20, 2021 Opinion or Order Filing 26 Plaintiff's REPLY to Response to Motion re #22 MOTION to Remand to State Court filed by Alejandro Borges. (Phillips, Jacob)
September 13, 2021 Opinion or Order 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)
September 11, 2021 Opinion or Order 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)
September 10, 2021 Opinion or Order 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)
September 10, 2021 Opinion or Order Filing 22 MOTION to Remand to State Court by Alejandro Borges. (Phillips, Jacob)
September 8, 2021 Opinion or Order 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)
September 3, 2021 Opinion or Order 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)
September 3, 2021 Opinion or Order 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)
September 2, 2021 Opinion or Order 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)
September 2, 2021 Opinion or Order Filing 17 ENDORSED ORDER denying #10 Corrected Motion to Stay. Signed by Judge Marcia G. Cooke on 9/2/2021. (btn)
September 2, 2021 Opinion or Order Filing 16 ENDORSED ORDER denying #9 Motion to Stay. Signed by Judge Marcia G. Cooke on 9/2/2021. (btn)
September 2, 2021 Opinion or Order 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)
September 1, 2021 Opinion or Order 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)
September 1, 2021 Opinion or Order 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)
August 30, 2021 Opinion or Order 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)
August 27, 2021 Opinion or Order 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)
August 25, 2021 Opinion or Order 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)
August 24, 2021 Opinion or Order 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)
August 23, 2021 Opinion or Order 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)
August 23, 2021 Opinion or Order 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)
August 23, 2021 Opinion or Order 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)
August 19, 2021 Opinion or Order 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)
August 19, 2021 Opinion or Order 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)
August 19, 2021 Opinion or Order 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)
August 18, 2021 Opinion or Order 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)
August 18, 2021 Opinion or Order 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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Plaintiff: Alejandro Borges
Represented By: Andrew John Shamis
Represented By: Garrett O. Berg
Represented By: Manuel Santiago Hiraldo
Represented By: Scott Adam Edelsberg
Represented By: Amy Lynn Judkins
Represented By: Jacob Lawrence Phillips
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Defendant: SmileDirectClub, LLC
Represented By: Jordan Scott Kosches
Represented By: David S. Almeida
Represented By: Mark S. Eisen
Represented By: Matthew John Langley
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