Coleman et al v. Burger King Corporation
| Walter Coleman, Marco DiLeonardo, Matthew Fox, Madelyn Salzman, Sha Badgett, Chris Sours, Sybil Peachlum, Jared Drucker, Victor Castillo, Anthony Scott, Andrew Lingoes, Dana Dillon, Angela Runner, Jesus Mendez, Richard Moore, Carl Anello, John Passarella, William Malfese, Michael Mrofchak and Summer Adamski |
| Burger King Corporation |
| 1:2022cv20925 |
| March 28, 2022 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 25, 2023. A more recent docket listing may be available from PACER.
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Filing 63
PAPERLESS ORDER. If the Plaintiffs wish to file a second amended complaint, they must do so by September 14, 2023. At the status conference set for August 31, 2023, at 2:30 p.m., the parties should be prepared to discuss an amended scheduling order for the case. Signed by Judge Roy K. Altman on 8/25/2023. (lcr)
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Filing 62
PAPERLESS NOTICE of Hearing: Status Conference set for August 31, 2023, at 2:30 p.m., in the Miami Division, Courtroom 12-4, before Judge Roy K. Altman. (lcr)
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Reset Deadline: Second Amended Complaint due by 9/14/2023. (scn)
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Filing 61
ORDER granting in part and denying in part #20 Motion to Dismiss. Signed by Judge Roy K. Altman on 8/23/2023. See attached document for full details. (scn)
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Filing 60
FINAL MEDIATION REPORT by Rodney A. Max. Disposition: Case did not settle. Mediation held/partially held via video-conference. (Max, Rodney)
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Case Stayed per DE 59 . Closing Case. (pes)
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Filing 59
PAPERLESS ORDER granting #57 the Joint Motion to Defer Certain Deadlines. The Clerk of Court shall CLOSE and STAY this case for administrative purposes pending our adjudication of #20 the Motion to Dismiss. The parties must still complete mediation and file a mediation report by March 21, 2023. Signed by Judge Roy K. Altman on 2/3/2023. (ema)
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Filing 58
CLERK'S NOTICE - Attorney Admissions has updated the contact information for attorney Michael D. Joblove. (cw)
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Filing 57
MOTION Joinr Motion to Defer Deadlines , MOTION to Continue ( Responses due by 2/10/2023) by Burger King Corporation. (Joblove, Michael)
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Filing 56
NOTICE by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Chris Sours re #54 Notice (Other), Plaintiffs' Response to Defendant's FRE 801 and 901 Objection (Russo, Anthony)
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Filing 55
CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Michael D. Joblove re #53 Notice of Change of Address, Email or Law Firm Name. Attorney Michael D. Joblove has not completed the required procedures for updating their information with the Court. 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 54
NOTICE by Burger King Corporation re #51 Reply to Response to Motion, of Federal Rules of Evidence 801 & 901 Objection to Plaintiffs' Reply in Support of Class Certification and Exs. 6-11 to the Declaration of James C. Kelly (Attachments: #1 Exhibit Declaration of Jeffrey Jacobson) (Joblove, Michael)
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Filing 53
NOTICE of Change of Address, Email or Law Firm Name by Michael D Joblove (Joblove, Michael)
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Filing 52
NOTICE by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Chris Sours re #51 Reply to Response to Motion, NOTICE OF FILING OF EXHIBITS IN SUPPORT OF REPLY (Attachments: #1 Exhibit Declaration of James C. Kelly, #2 Exhibit 1 to the Kelly Decl., #3 Exhibit 2 to the Kelly Decl., #4 Exhibit 3 to the Kelly Decl., #5 Exhibit 4 to the Kelly Decl., #6 Exhibit 5 to the Kelly Decl., #7 Exhibit 6 to the Kelly Decl., #8 Exhibit 7 to the Kelly Decl., #9 Exhibit 8 to the Kelly Decl., #10 Exhibit 9 to the Kelly Decl., #11 Exhibit 10 to the Kelly Decl., #12 Exhibit 11 to the Kelly Decl.) (Russo, Anthony)
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Filing 51
REPLY to Response to Motion re #44 MOTION to Certify Class filed by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Chris Sours. (Russo, Anthony)
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Filing 49
NOTICE OF FILING EXHIBITS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Burger King Corporation re #48 Memorandum Notice of Filing Exhibits in Support of Opposition to Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit Wilson Declaration, #2 Exhibit Jacobson Declaration, #3 Exhibit Jacobson Declaration Ex A, #4 Exhibit Jacobson Declaration Ex B, #5 Exhibit Jacobson Declaration Ex C, #6 Exhibit Roux Declaration) (Joblove, Michael) Modified text on 12/28/2022 (ebz).
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Filing 48
MEMORANDUM in Opposition re #44 MOTION to Certify Class by Burger King Corporation. (Joblove, Michael)
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Filing 47
PAPERLESS ORDER granting #45 the Defendant's Motion for Leave to File under Seal. The Defendant shall file the exhibits to the Declaration of Matt Wilson in accordance with Local Rule 5.4(b). Signed by Judge Roy K. Altman on 12/28/2022. (ema)
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Filing 46
NOTICE by Burger King Corporation of Plaintiffs' Agreement Pursuant to S.D. Fla. L.R. 7.1(A)(3) Regarding Defendant's Motion for Leave to File Under Seal [ECF No. 45] (Joblove, Michael)
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SYSTEM ENTRY - Docket Entry 50 [misc] restricted/sealed until further notice. (522732)
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Filing 45
Defendant's MOTION to Seal Exhibits Attached to Matt Wilson's Declaration in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification per Local Rule 5.4 by Burger King Corporation. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Leave to File Under Seal) (Joblove, Michael)
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Filing 44
MOTION to Certify Class by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Chris Sours. Responses due by 1/4/2023 (Attachments: #1 Exhibit A, #2 Exhibit B)(Russo, Anthony)
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Filing 43
PAPERLESS ORDER granting in part and denying in part #36 the Plaintiffs' Motion for an Extension of Time. The Plaintiffs shall file their Motion for Class Certification by December 21, 2022. The deadline to exchange expert reports shall remain unchanged. Signed by Judge Roy K. Altman on 12/13/2022. (ema)
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Filing 42
REPLY to Response to Motion re #36 MOTION for Extension of Time to file class certification motion and exchange expert reports filed by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Chris Sours. (Attachments: #1 Exhibit Declaration of James C. Kelly, Esq)(Russo, Anthony)
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Filing 41
NOTICE of Striking #39 Reply to Response to Motion, filed by Sybil Peachlum, John Passarella, Michael Mrofchak, Madelyn Salzman, Carl Anello, Angela Runner, Jared Drucker, Chris Sours, Dana Dillon, William Malfese, Richard Moore, Jesus Mendez, Marco DiLeonardo, Victor Castillo, Summer Adamski, Matthew Fox, Andrew Lingoes, Walter Coleman, Sha Badgett by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Chris Sours (Russo, Anthony)
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Filing 40
Clerk's Notice to Filer re #39 Reply to Response to Motion,. 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. (pcs)
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Filing 39
STRICKEN per DE #41 . REPLY to Response to Motion re #36 MOTION for Extension of Time to file class certification motion and exchange expert reports filed by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Chris Sours. (Russo, Anthony) Modified on 12/12/2022 (pcs).
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Filing 38
NOTICE of Voluntary Dismissal by Anthony Scott (Russo, Anthony)
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Filing 37
RESPONSE in Opposition re #36 MOTION for Extension of Time to file class certification motion and exchange expert reports filed by Burger King Corporation. Replies due by 12/13/2022. (Joblove, Michael)
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Filing 36
MOTION for Extension of Time to file class certification motion and exchange expert reports by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Chris Sours. Responses due by 12/20/2022 (Russo, Anthony)
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Filing 35
AGREED PROTECTIVE ORDER. Motions terminated: #34 Motion for Protective/Confidentiality Order filed by Burger King Corporation. Signed by Judge Roy K. Altman on 9/13/2022. See attached document for full details. (caw)
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Filing 34
Agreed MOTION for Entry of Agreed Protective Order by Burger King Corporation. (Attachments: #1 Exhibit A)(Joblove, Michael) Modified Motion Relief on 8/30/2022 (pcs).
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Filing 33
PAPERLESS ORDER denying #30 the Defendant's Motion to Stay Discovery and #31 the Defendant's Supplemental Motion to Stay. "Motions to stay discovery are not favored because when discovery is delayed or prolonged it can create case management problems which impede the Court's responsibility to expedite discovery and cause unnecessary litigation expenses and problems." Cuhaci v. Kouri Grp., LP, 2021 WL 1945819, at *2 (S.D. Fla. May 14, 2021) (cleaned up). "[D]iscovery stay motions are generally denied except where a specific showing of prejudice or burdensomeness is made." Montoya v. PNC Bank, N.A., 2014 WL 2807617, at *2 (S.D. Fla. June 20, 2014). The party moving for a stay of discovery "bears the burden of showing good cause and reasonableness." Feldman v. Flood, 176 F.R.D. 651, 652 (M.D. Fla. 1997). Similarly, the Court's scheduling orders - including its orders scheduling mediation - may be modified "only for good cause." Fed. R. Civ. P. 16(b)(4). Here, the Defendant has failed to establish that staying discovery is warranted. The Defendant's sole justification for requesting a stay is that its pending motion to dismiss might eliminate the need for discovery. But that could be said about nearly all motions to dismiss - and so, the Defendant has done nothing to establish a "specific showing of prejudice or burdensomeness." It has not, for example, pointed to extraordinary costs or to a long-awaited ruling on a dispositive motion or to a particularly dubious complaint. In fact, taking a "a preliminary peek" at the merits of the motion to dismiss, the motion is not "clearly" meritorious. Feldman, 176 F.R.D. at 652-53. For these reasons, the Defendant has not established that a stay would be reasonable or that there is good cause for the request in this case. Signed by Judge Roy K. Altman on 7/18/2022. (ema)
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Filing 32
STANDING DISCOVERY ORDER Signed by Magistrate Judge Lisette M. Reid on 7/18/2022. See attached document for full details. (ktr)
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Filing 31
Supplemental MOTION to Stay re #30 Defendant's MOTION to Stay Discovery by Burger King Corporation. Responses due by 7/29/2022 (Attachments: #1 Exhibit A)(Joblove, Michael)
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Filing 30
Defendant's MOTION to Stay Discovery by Burger King Corporation. Responses due by 7/27/2022 (Attachments: #1 Exhibit A)(Joblove, Michael)
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Filing 29
ORDER Scheduling Mediation before Rodney A. Max, Esq. Mediation Hearing set for 2/28/2023 10:00 AM. Signed by Judge Roy K. Altman on 7/12/2022. See attached document for full details. (pes)
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Filing 28
NOTICE by Burger King Corporation of Filing Proposed Order Scheduling Mediation (Joblove, Michael)
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Filing 27
REPLY in Support re #20 Defendant's MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal, filed by Burger King Corporation. (Joblove, Michael)
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Filing 26
ORDER Setting Trial and Pre-Trial: ( Trial set for 7/3/2023 in Miami Division before Judge Roy K. Altman., Calendar Call set for 6/27/2023 at 1:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 8/2/2022., Discovery due by 3/7/2023., Expert Discovery due by 3/7/2023., Joinder of Parties due by 8/2/2022., Mediation Deadline 3/21/2023., In Limine Motions due by 5/29/2023., Motions due by 3/29/2023., Pretrial Stipulation due by 6/19/2023.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 3/21/2023.), ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for pretrial non-dispositive and discovery matters.. Signed by Judge Roy K. Altman on 6/14/2022. See attached document for full details. (pes) #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 25
Joint SCHEDULING REPORT - Rule 16.1 by Burger King Corporation (Joblove, Michael)
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Filing 24
RESPONSE in Opposition re #20 Defendant's MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal, filed by Summer Adamski, Carl Anello, Sha Badgett, Victor Castillo, Walter Coleman, Marco DiLeonardo, Dana Dillon, Jared Drucker, Matthew Fox, Andrew Lingoes, William Malfese, Jesus Mendez, Richard Moore, Michael Mrofchak, John Passarella, Sybil Peachlum, Angela Runner, Madelyn Salzman, Anthony Scott, Chris Sours. Replies due by 6/17/2022. (Russo, Anthony)
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Filing 23
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 6/10/2022. Total time in court: 06 minutes. Attorney Appearance(s): Michael D Joblove, Jeffrey Jacobson, James C. Kelly, Mark Anthony Panzavecchia, Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (kmz)
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Filing 22
PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** Status Conference set for 6/10/2022 02:00 PM before Judge Roy K. Altman. The Meeting ID is 161 2752 2255. The Passcode is 7777. (kmz)
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Filing 21
PAPERLESS NOTICE of Hearing: The status conference previously set for 6/3/2022 is reset for 6/10/2022 at 3:00 pm before Judge Roy K. Altman. The parties shall appear by Zoom. The Meeting ID is 161 2752 2255. The Passcode is 7777.(kmz)
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Filing 20
Defendant's MOTION to Dismiss #18 Amended Complaint/Amended Notice of Removal, by Burger King Corporation. Responses due by 6/10/2022 (Joblove, Michael)
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Filing 19
PAPERLESS NOTICE of Hearing: Status Conference set for 6/3/2022 03:00 PM before Judge Roy K. Altman. The Meeting ID is 161 2752 2255. The Passcode is 7777. (kmz)
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Filing 18
First AMENDED COMPLAINT against Burger King Corporation, filed by Marco DiLeonardo, Walter Coleman, Matthew Fox, Madelyn Salzman, Sha Badgett, Chris Sours, Sybil Peachlum, Jared Drucker, Victor Castillo, Anthony Scott, Andrew Lingoes, Dana Dillon, Angela Runner, Jesus Mendez, Richard Moore, Carl Anello, John Passarella, William Malfese, Michael Mrofchak, Summer Adamski.(Russo, Anthony)
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Set/Reset Deadlines/Hearings per DE 17 Order. Joint Scheduling Report due by 6/14/2022 (ebz)
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Filing 17
PAPERLESS ORDER granting #16 the Motion for an Extension of Time to File the Joint Scheduling Report. The parties shall file the Joint Scheduling Report by June 14, 2022. Signed by Judge Roy K. Altman on 4/26/2022. (kmz)
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Filing 16
Unopposed MOTION to Continue Deadline for Filing Scheduling Report by Burger King Corporation. Responses due by 5/9/2022 (Joblove, Michael)
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Filing 15
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Burger King Corporation identifying Corporate Parent Burger King Holdings, Inc., Corporate Parent Restaurant Brands International, Inc. for Burger King Corporation (Joblove, Michael)
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Filing 14
ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James C. Kelly, Esq.. Signed by Magistrate Judge Lisette M. Reid on 4/18/2022. See attached document for full details. (drz)
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Filing 13
ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey Jacobson, Esq.. Signed by Magistrate Judge Lisette M. Reid on 4/18/2022. See attached document for full details. (drz)
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Filing 12
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 4/29/2022 Signed by Judge Roy K. Altman on 4/15/2022. See attached document for full details. (drz)
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Filing 11
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James C. Kelly. Filing Fee $ 200.00 Receipt # AFLSDC-15563329 by Walter Coleman, Marco DiLeonardo, Matthew Fox, Madelyn Salzman. Responses due by 4/29/2022 (Attachments: #1 Text of Proposed Order)(Russo, Anthony)
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Filing 10
WAIVER OF SERVICE Returned Executed by Madelyn Salzman, Walter Coleman, Matthew Fox, Marco DiLeonardo. Burger King Corporation waiver sent on 4/12/2022, response/answer due 6/13/2022. (Russo, Anthony)
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Filing 9
NOTICE of Attorney Appearance by Mark Anthony Panzavecchia on behalf of Walter Coleman, Marco DiLeonardo, Matthew Fox, Madelyn Salzman. Attorney Mark Anthony Panzavecchia added to party Walter Coleman(pty:pla), Attorney Mark Anthony Panzavecchia added to party Marco DiLeonardo(pty:pla), Attorney Mark Anthony Panzavecchia added to party Matthew Fox(pty:pla), Attorney Mark Anthony Panzavecchia added to party Madelyn Salzman(pty:pla). (Panzavecchia, Mark)
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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 Jeffrey Jacobson. Filing Fee $ 200.00 Receipt # AFLSDC-15556372 by Burger King Corporation. Responses due by 4/27/2022 (Attachments: #1 Text of Proposed Order)(Joblove, Michael)
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Filing 7
NOTICE of Attorney Appearance by Michael D Joblove on behalf of Burger King Corporation. Attorney Michael D Joblove added to party Burger King Corporation(pty:dft). (Joblove, Michael)
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Filing 6
Bar Letter re: Admissions sent to attorney James C. Kelly, mailing date March 29, 2022, (pt)
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Filing 5
Summons Issued as to Burger King Corporation. (drz)
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Filing 4
NOTICE by Walter Coleman, Marco DiLeonardo, Matthew Fox, Madelyn Salzman Proposed Summons (Russo, Anthony)
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Filing 3
Clerks Notice to Filer re: Summons(es) cannot be issued. Attorney or Pro Se party's return address is not listed. (drz)
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Filing 2
Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. 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. (drz)
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Filing 1
COMPLAINT against Burger King Corporation. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-15510972, payment transferred from : 22CV20925 Coleman et al. vs. Burger King Corporation, filed by Madelyn Salzman, Walter Coleman, Matthew Fox, Marco DiLeonardo. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Russo, Anthony)
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