Social Athlete LLC v. Campbell et al
| Social Athlete LLC |
| Rex Campbell, Michael G. Weist, III and The Blushing Group LLC |
| Seth Holbrook Fitness LLC |
| 1:2024cv20059 |
| January 8, 2024 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Kathleen M Williams |
| Copyright |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Document Text |
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| Filing 25 Summons Issued as to Seth Holbrook Fitness LLC. (cqs) |
| Filing 24 MOTION for Preliminary Injunction by Rex Campbell. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Annex 1, #3 Exhibit Annex 2, #4 Exhibit Annex 3, #5 Exhibit Annex 4, #6 Exhibit Annex 5, #7 Exhibit Annex 6, #8 Exhibit Annex 7, #9 Exhibit Annex 8, #10 Exhibit Exhibit B, #11 Exhibit Exhibit C, #12 Exhibit Exhibit D, #13 Exhibit Exhibit E)(Bitman, Ronnie) |
| Filing 23 NOTICE of Filing Proposed Summons(es) by Rex Campbell re #22 Counterclaim, Third Party Complaint filed by Rex Campbell (Attachments: #1 Summon(s)) (Bitman, Ronnie) |
| Filing 22 COUNTERCLAIM against Social Athlete LLC, THIRD PARTY COMPLAINT against Seth Holbrook Fitness LLC, filed by Rex Campbell. (Attachments: #1 Exhibit 1)(Bitman, Ronnie) |
| Filing 21 NOTICE of Compliance (JOINT) and Amended Joint Notice of Mediator Selection by Social Athlete LLC re 20 Order to Show Cause,,,,,,,, (Attachments: #1 Exhibit Sample Mediation Order, #2 Exhibit Amended Joint Notice of Mediator Selection) (Teurbe-Tolon, Jose) |
Filing 20
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On January 24, 2024, the Court entered the Scheduling Order (DE #15 ) in this matter, which states in relevant part: "Within thirty (30) days of the date of this Order, the Parties shall: select a mediator certified under Local Rule 16.2(b); schedule a time, date, and place for mediation; and jointly file a notice scheduling mediation...."On February 23, 2024, the Parties filed their Joint Notice Scheduling Mediation (DE #19 ), designating Leon M. Firtel, Esq. as the Mediator. However, it does not appear that Leon M. Firtel's name is included on the Southern District of Florida's Certified Mediator List, which is available online at #www.flsd.uscourts.gov/mediation.Accordingly, it is ORDERED AND ADJUDGED as follows:On or before February 29, 2024, the Parties shall jointly file a notice on the docket, stating: (1) whether Leon M. Firtel is certified as a mediator in the Southern District of Florida; (2) if Leon M. Firtel is certified, why their name does not appear on the Certified Mediator List; and (3) if they are not certified, why the Parties selected an uncertified mediator without first seeking leave of Court to do so.If Leon M. Firtel is not certified as a mediator in the Southern District of Florida, but the Parties nonetheless intend for Leon M. Firtel to serve as the Mediator in this matter, they should style the notice as a motion for leave of Court to select an uncertified mediator and attach as an exhibit documentation that establishes Leon M. Firtel's qualifications to serve as the Mediator in this matter (e.g., a CV or resume).Moving forward, it is imperative that the Parties read the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, the Court's Practices and Procedures, and all Court orders to ensure full compliance with the procedures of the Court. Failure to do so may result in sanctions. Signed by Judge Kathleen M. Williams on 2/23/2024. (ssh)
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| Filing 19 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Leon M. Firtel as Mediator. Mediation Hearing set for 8/29/2024 at 9:00 a.m.. (Bitman, Ronnie) |
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Filing 18
PAPERLESS ORDER striking #17 NOTICE of Mediator Selection and Hearing. The Parties have filed a proposed order scheduling mediation. But Judge Williams' Scheduling Order specifically states that "[t]he Court will not enter an order scheduling mediation after the notice is filed. Instead, the Parties' notice scheduling mediation shall bind the Parties in lieu of a Court order." [ECF No. 15, p. 4 (emphasis in original)]. The Parties must comply with Judge Williams' instructions and file the appropriate notice.The Undersigned notes that this is the second instance of non-compliance with a Court Order in this case. See [ECF No. 11]. The Undersigned expects the parties to strictly comply with all Court Orders and applicable rules going forward. Signed by Magistrate Judge Jonathan Goodman on 2/23/2024. (mkr)
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| Filing 17 STRICKEN. NOTICE of Mediator Selection and Hearing. Selected/Added Leon M. Firtel as Mediator. Mediation Hearing set for 8/29/2024 at 9:00 a.m.. (Bitman, Ronnie) Modified per DE 18 Order on 2/26/2024 (ebz). |
| Filing 16 RESPONSE in Opposition re #13 MOTION TO DISMISS #9 Notice (Other),, FOR FAILURE TO STATE A CLAIM filed by Social Athlete LLC. Replies due by 2/9/2024. (Teurbe-Tolon, Jose) |
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Filing 15
SCHEDULING ORDER: Jury Trial set for 2/24/2025 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 2/18/2025 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 1/24/2024. See attached document for full details. (cqs) #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 14 Joint SCHEDULING REPORT - Rule 26(f) by Social Athlete LLC (Attachments: #1 Text of Proposed Order Schedule Proposed Jointly by Parties)(Teurbe-Tolon, Jose) |
| Filing 13 MOTION TO DISMISS #9 Notice (Other),, FOR FAILURE TO STATE A CLAIM by Rex Campbell, The Blushing Group LLC, Michael G. Weist, III. Responses due by 2/5/2024. (Attachments: #1 Affidavit Declaration of Ronnie Bitman In Support of Defendants' Motion to Dismiss, #2 Exhibit Composite Exhibit 1, #3 Exhibit Exhibit 2)(Bitman, Ronnie) |
| Filing 12 NOTICE of Attorney Appearance by Jose Javier Teurbe-Tolon on behalf of Social Athlete LLC. Attorney Jose Javier Teurbe-Tolon added to party Social Athlete LLC(pty:pla). (Teurbe-Tolon, Jose) |
| Set/Reset Response/Answer Due Deadline per DE 11 : Rex Campbell response/answer due 1/22/2024; The Blushing Group LLC response/answer due 1/22/2024; Michael G. Weist, III response/answer due 1/22/2024. (pcs) |
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Filing 11
PAPERLESS ORDER granting #10 Unopposed MOTION for Extension of Time to Respond to Plaintiff Social Athlete's Amended Complaint. Plaintiff does not oppose the relief requested. The motion states that Defendants' response is currently due by January 16, 2024. Therefore, the instant motion fails to comply with Judge Williams' 48-hour rule. See Judge Williams' Court Practices and Procedures (available at the Court's website: https://www.flsd.uscourts.gov/content/judge-kathleen-m-williams). The Undersigned will exercise my discretion and grant the requested extension. Nonetheless, the parties are directed to adhere to the rules of this Court going forward. Defendants will have until January 22, 2024 to file on CM/ECF their response to the Amended Complaint. Signed by Magistrate Judge Jonathan Goodman on 1/15/2024. (mkr)
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| Filing 10 Unopposed MOTION for Extension of Time to Respond to Plaintiff Social Athlete's Complaint by Rex Campbell, The Blushing Group LLC, Michael G. Weist, III. Responses due by 1/29/2024. (Attachments: #1 Proposed Order)(Bitman, Ronnie) |
| Filing 9 NOTICE of Filing State Court Index by Rex Campbell, The Blushing Group LLC, Michael G. Weist, III re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (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 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Bitman, Ronnie) |
| Filing 8 Notice of Pending, Refiled, Related or Similar Actions by Rex Campbell, The Blushing Group LLC, Michael G. Weist, III (Bitman, Ronnie) |
| Filing 7 STATUS REPORT by Rex Campbell, The Blushing Group LLC, Michael G. Weist, III (Bitman, Ronnie) |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement by Rex Campbell, The Blushing Group LLC, Michael G. Weist, III (Bitman, Ronnie) |
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Filing 5
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 1/11/2024. See attached document for full details. (fbn)
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 1/9/2024. See attached document for full details. (nwn)
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| Filing 3 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number BFLSDC-17195263, filed by The Blushing Group LLC, Michael G. Weist, III, Rex Campbell. (Attachments: #1 Amended State Court Complaint & Composite Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Bitman, Ronnie) No Answer/Motion to Dismiss Filed. Modified text and attachment description on 1/8/2024 (nwn). |
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