Gensco Laboratories LLC, v. Bugno et al
| Gensco Laboratories LLC, d/b/a Gensco Pharma and Gensco Laboratories LLC a Florida limited liability company doing business as GENSCO PHARMA |
| Walter Bugno, Stephen Loader and Dominic Galati |
| 1:2023cv23832 |
| October 6, 2023 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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Filing 23
ORDER STAYING CASE PENDING ARBITRATION. The Motion to Compel Arbitration and Stay Proceedings, ECF No. #10 , is GRANTED. Arbitration shall take place in Miami, Florida under the International Chamber of Commerce's Arbitration Rules. This case is STAYED pending resolution of arbitration. The Clerk of Court shall CLOSE this case for administrative purposes only. Any party may move to reopen the case at the appropriate time. To the extent not otherwise disposed of, any scheduled hearings are CANCELED, all pending motions are DENIED AS MOOT, and all deadlines are TERMINATED. Motions terminated: #10 MOTION to Compel Arbitration and Stay Proceedings filed by Stephen Loader, Walter Bugno, Dominic Galati, #22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #11 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, filed by Gensco Laboratories LLC, #11 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, filed by Stephen Loader, Walter Bugno, Dominic Galati. Signed by Judge Beth Bloom on 11/14/2023. See attached document for full details. (nan)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #11 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by Gensco Laboratories LLC. (Briz, Brian) |
| Filing 21 RESPONSE to Motion re #10 MOTION to Compel Arbitration and Stay Proceedings filed by Gensco Laboratories LLC. Replies due by 11/16/2023. (Briz, Brian) |
| Filing 20 Notice of Entry of Parties Listed on 18 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Care A2+ Health and Wellness LLC and Care A2 Plus Pty Ltd, Care A2+ Health and Wellness LLC and Care A2 Plus Pty Ltd. (Baltodano-Sheehan, Evelyn) |
| Filing 19 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement (Adding missing name per Clerk's Notice to Filer DE 17) by Gensco Laboratories LLC identifying Other Affiliate Rochelle Matza for Gensco Laboratories LLC (Alvarez, Nicole) |
| Filing 18 Clerk's Notice to Filer re #15 Certificate of Other Affiliates/Corporate Disclosure Statement. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) |
| Filing 17 Clerk's Notice to Filer re #14 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
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Filing 16
Joint SCHEDULING REPORT - Rule 16.1 by Gensco Laboratories LLC (Attachments: #1 Exhibit Proposed Scheduling Order, #2 Exhibit Election to Jurisdiction by Magistrate Judge)(Alvarez, Nicole)
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| Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by Walter Bugno, Dominic Galati, Stephen Loader (Baltodano-Sheehan, Evelyn) |
| Filing 14 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Gensco Laboratories LLC identifying Corporate Parent Zimmerman trust Holdings LLC, Corporate Parent Anjagi LLC, Other Affiliate Gensco Nutrition LLC, Other Affiliate Paul Zimmerman, Other Affiliate Daniel Nalley, Other Affiliate Marc Fry for Gensco Laboratories LLC (Alvarez, Nicole) |
| Set/Reset Deadlines/Hearings as to #11 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, . Responses due by 11/16/2023. Per DE 13 Order. (ebz) |
| Set/Reset Deadlines/Hearings as to #10 MOTION to Compel Arbitration and Stay Proceedings . Responses due by 11/9/2023. Per DE 13 Order. (ebz) |
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Filing 13
PAPERLESS ORDER granting #12 Motion for Extension of Time to File Responses. Plaintiff shall file its Response to Defendants' Motion to Compel Arbitration and Stay Proceedings, ECF No. #10 , by November 9, 2023. Plaintiff shall file its Response to Defendants' Motion to Dismiss, ECF No. #11 , by November 16, 2023. Signed by Judge Beth Bloom (BB)
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| Filing 12 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #11 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, , #10 MOTION to Compel Arbitration and Stay Proceedings by Gensco Laboratories LLC. (Attachments: #1 Text of Proposed Order)(Alvarez, Nicole) |
| Filing 11 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by Walter Bugno, Dominic Galati, Stephen Loader. Responses due by 10/26/2023 (Baltodano-Sheehan, Evelyn) |
| Filing 10 MOTION to Compel Arbitration and Stay Proceedings by Walter Bugno, Dominic Galati, Stephen Loader. Responses due by 10/26/2023 (Attachments: #1 Declaration of Philip M. Bowman in support of Defendants' Motion to Compel Arbitration and Stay Proceedings and Defendants' Motion to Dismiss, #2 Exhibit 1 - Exclusive License Agreement, #3 Exhibit 2 - Australia Statement of Claim)(Baltodano-Sheehan, Evelyn) |
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Filing 9
PAPERLESS ORDER granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Philip M. Bowman. Signed by Judge Beth Bloom (BB)
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Filing 8
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Christopher M. Andrews. Signed by Judge Beth Bloom (BB)
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Filing 7
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 10/11/2023. See attached document for full details. (nan)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Philip M. Bowman. Filing Fee $ 200.00 Receipt # AFLSDC-16985278 by Walter Bugno, Dominic Galati, Stephen Loader. Responses due by 10/25/2023 (Attachments: #1 Exhibit Exhibit 1)(Baltodano-Sheehan, Evelyn) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher M. Andrews. Filing Fee $ 200.00 Receipt # AFLSDC-16984943 by Walter Bugno, Dominic Galati, Stephen Loader. Responses due by 10/25/2023 (Attachments: #1 Exhibit Exhibit 1)(Baltodano-Sheehan, Evelyn) |
| Filing 4 Bar Letter re: Admissions sent to attorney Philip M. Bowman and Christopher M. Andrews, mailing date October 11, 2023, (pt) |
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Filing 3
ORDER OF RECUSAL. Chief Judge Cecilia M. Altonaga recused. Case reassigned to Judge Beth Bloom for all further proceedings. Signed by Chief Judge Cecilia M. Altonaga on 10/10/2023. See attached document for full details. (vjk)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (nan) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Gensco Laboratories LLC, d/b/a Gensco Pharma v. Bugno et al) Filing fee $ 402.00 receipt number AFLSDC-16977779, filed by Dominic Galati, Stephen Loader, Walter Bugno. (Attachments: #1 Exhibit - State Court Complaint, #2 Exhibit State Court Pleadings, #3 Exhibit State Court Docket, #4 Exhibit Exclusive License Agreement, #5 Exhibit Gensco Laboratories LLC Annual Report, #6 Exhibit- Civil Cover Sheet. No Answer/Motion to Dismiss filed.)(Baltodano-Sheehan, Evelyn) Modified Attachment Descriptions on 10/10/2023 (nan). |
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