Letzer v. The Radiant Creations Group, Inc et al
| Letzer and Shelley Letzer |
| The Radiant Creations Group, Inc, Golden River Capital I, Inc., Golden River Capital, LLC, NIT Enterprises, Inc., NIT Enterprises FL, Inc., SBD Scientific & Biological Dynamics, Inc., SBD Global FL, Inc., Gary R Smith, Gary D Alexander and Michael Alexander |
| 2:2016cv14349 |
| August 11, 2016 |
| US District Court for the Southern District of Florida |
| Ft Pierce Office |
| St. Lucie (Office: Ft Pierce) |
| Frank J Lynch |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 3, 2020. A more recent docket listing may be available from PACER.
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Filing 62
PAPERLESS ORDER denying without prejudice #61 Plaintiff's Motion to Reopen Case and for Final Judgment. Pursuant to S.D. Fla. Local Rule 7.1(a)(3), prior to filing any motion in a civil case, counsel for the moving party shall certify "that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion and has been unable to do so." S.D. Fla. L.R. 7.1(a)(3). Plaintiff has not provided such certification in this Motion. Accordingly, Plaintiff's Motion is denied without prejudice, and Plaintiff may only re-file the Motion, if necessary, after attempting to confer with Defendant to resolve the issues raised therein. If Plaintiff chooses to refile, Plaintiff should include a memorandum of law citing relevant cases and/or rules which provide a legal basis for this Court's authority to grant the relief Plaintiff is requesting. I note that this case was voluntarily dismissed, therefore, no final judgment was ever entered, and it would not appear that Defendant has violated any court order. (DE #60 ). Further, although not styled as such, it appears that Plaintiff's motion is, in essence, a motion to enforce the settlement agreement. Although the Court retained jurisdiction to enforce the terms of the Parties' settlement agreement, the Court only did so for a period of 30 days, and we are well outside that time frame. Id. "Enforcement of [a] settlement agreement... requires its own basis for jurisdiction." Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 378 (1994). See also Smalbein ex rel. Estate of Smalbein v. City of Daytona Beach, 353 F.3d 901, 905 (11th Cir. 2003). If Plaintiff is actually seeking damages for breach of a settlement agreement, this would properly be brought in the form of a new case. In sum, Plaintiff may only refile this Motion after appropriate conferral, and only with an explanation of what legal support exists for the relief Plaintiff seeks given the present procedural posture. Signed by Judge Donald M. Middlebrooks on 7/3/2020. (gts)
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Filing 61
Plaintiff's MOTION to Reopen Case and for Final Judgment by Shelley Letzer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Hubbard, John)
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Filing 60
ORDER ON JOINT STIPULATED MOTION FOR ORDER OF DISMISSAL WITH PREJUDICE AND ON NOTICE OF VOLUNTARY DISMISSAL Closing Case. Signed by Judge Donald M. Middlebrooks on 2/3/2017. (lan) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Filing 59
NOTICE of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i) and Proof of Service by Shelley Letzer (Hubbard, John)
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Set/Reset Deadlines/Hearings as per DE 58 : Miscellaneous (Notice of voluntary Dismissal) Deadline 2/6/2017. (lk)
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Filing 58
ENDORSED ORDER. The Parties have filed a Stipulation of Dismissal [DE 74] that purports to dismiss the Second Amended Complaint. However, the Stipulation is not signed on behalf of all the parties and is therefore ineffective to dismiss the action completely. Specifically, Defendants the Radiant Creations Group, Inc. and SBD Scientific & Biological Dynamics, Inc. are not represented by counsel. Accordingly, Plaintiff shall, by February 6, 2017, file a Notice of Voluntary Dismissal as to these Defendants or file an Amended Stipulation of Dismissal. Signed by Judge Donald M. Middlebrooks on 1/31/2017. (kcr)
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Filing 57
STIPULATION of Dismissal with Prejudice with Retention of Jurisdiction for Enforcement of Settlement Agreement with Exhibit A by Shelley Letzer (Hubbard, John)
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Filing 56
ENDORSED ORDER. The mediator has notified the Court that the Parties have settled this matter. [DE 55]. Accordingly, the Parties shall file all closing documents by February 8, 2017. Signed by Judge Donald M. Middlebrooks on 1/25/2017. (kcr)
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Filing 55
FINAL MEDIATION REPORT by David H. Lichter. Disposition: Settled in full.(Lichter, David)
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Filing 54
ORDER granting in part and denying in part #53 Motion for Extension of Time to Complete Discovery and Amended Scheduling Order. Discovery due by 2/6/2017. In Limine Motions due by 2/13/2017. Pretrial Motions due by 2/13/2017. Joint Pretrial Stipulation due by 3/27/2017. Calendar Call set for 4/12/2017 01:15 PM before Judge Donald M. Middlebrooks. Trial set for 4/17/2017 before Judge Donald M. Middlebrooks. Status Conference set for 4/12/2017 01:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 1/10/2017. (tpl)
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Filing 53
Agreed MOTION for Extension of Time to Complete Discovery and Trial Dates with Proof of Service by Shelley Letzer. (Hubbard, John)
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Filing 52
NOTICE by Gary D Alexander (Roth, Martin)
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Filing 51
CERTIFICATE OF SERVICE by Shelley Letzer for Plaintiff's Re-Notice of Taking Deposition Duces Tecum (Hubbard, John)
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Filing 50
ORDER AND OPINION DENYING DEFENDANTS' MOTIONS TO DISMISS COMPLAINT denying #23 Motion to Dismiss; denying #26 Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 12/19/2016. (lan)
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Filing 49
Clerks Notice to Filer re #47 Notice to Take Deposition. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#48]. It is not necessary to refile this document. (lk)
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Filing 48
NOTICE of Filing Discovery: Notice of production from nonparty by Shelley Letzer. See image at DE #47 (lk)
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Filing 47
NOTICE to Take Deposition of BB&T by Gary D Alexander.(Roth, Martin)
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Filing 46
Clerks Notice of Docket Correction re #44 Notice to Take Deposition. Document Restricted Due to Incorrect image: restricted. (lk)
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Filing 45
Clerks Notice to Filer re #43 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#44]. It is not necessary to refile this document. (lk)
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Filing 44
RE-NOTICE to Take Deposition of Gary Smith, Michael Alexander and Gary Alexander on Jan 9th and Jan.10th by Shelley Letzer. See image at DE #43 (lk)
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Filing 43
NOTICE by Shelley Letzer re #41 Certificate of Service PLAINTIFFS RE-NOTICE OF TAKING DEPOSITION (Hubbard, John)
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Filing 42
CERTIFICATE OF SERVICE by Gary D Alexander For Request for Production of Documents (Roth, Martin)
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Filing 41
CERTIFICATE OF SERVICE by Shelley Letzer (Hubbard, John)
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Filing 40
NOTICE to Take Deposition of Shelley Letzer by Gary D Alexander. (Attachments: #1 Certification Proof of Service)(Roth, Martin)
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Filing 39
Clerks Notice to Filer re #37 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#38]. It is not necessary to refile this document. (lk)
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Filing 38
NOTICE to Take Deposition of Michael Alexander,Gary Alexander and Gary Smith by Shelley Letzer. See image at DE #37 (lk)
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Filing 37
NOTICE by Shelley Letzer Notice of Taking Deposition and Proof of Service (Hubbard, John)
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Filing 36
Clerks Notice to Filer re #34 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#35]. It is not necessary to refile this document. (lk)
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Filing 35
NOTICE of Mediator Selection: David Lichter selected. Filed/Added by Shelley Letzer. See image at DE #34 (lk)
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Filing 34
NOTICE by Shelley Letzer Notice of Selection of Mediator (Hubbard, John)
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Filing 33
NOTICE to Take Deposition of BB&T by Gary D Alexander. (Attachments: #1 Summon(s) Subpoena)(Roth, Martin)
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Filing 32
NOTICE to Take Deposition of Wells Fargo by Gary D Alexander. (Attachments: #1 Summon(s) Subpoena)(Roth, Martin)
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Filing 31
RESPONSE in Opposition re #26 Defendant's MOTION to Dismiss #9 Amended Complaint filed by Shelley Letzer. Replies due by 11/10/2016. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Hubbard, John)
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Filing 30
MEMORANDUM in Opposition re #23 Defendant's MOTION to Dismiss #9 Amended Complaint by Shelley Letzer. (Parzianello, Eric)
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Filing 29
SCHEDULING ORDER: ( Discovery due by 1/6/2017., Dispositive Motions due by 2/3/2017.), ORDER REFERRING CASE to Mediation. Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 10/19/2016. (lan) #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 28
Minute Entry for proceedings held before Ch. Magistrate Judge Frank J. Lynch, Jr: Scheduling Conference held on 10/19/2016. Scheduling Order Issued. (Digital 141038.) (cga)
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Filing 27
Joint SCHEDULING REPORT - Rule 16.1 by Shelley Letzer (Parzianello, Eric)
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Filing 26
Defendant's MOTION to Dismiss #9 Amended Complaint by Gary R Smith. Responses due by 10/31/2016 (Nullman, Michael)
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Set/Reset Answer Due Deadline as to Second Amended Complaint as per DE 25 : All Defendants. (lk)
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Filing 25
ENDORSED ORDER granting #24 Motion for Extension of Time. All Defendants that have not yet responded to the Second Amended Complaint [DE 9] must do so by October 14, 2016. Signed by Judge Donald M. Middlebrooks on 10/12/2016. (kcr)
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Filing 24
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 Amended Complaint by Gary R Smith. (Attachments: #1 Text of Proposed Order Proposed Order)(Nullman, Michael)
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Filing 23
Defendant's MOTION to Dismiss #9 Amended Complaint by Gary D Alexander, Michael Alexander, Golden River Capital I, Inc., Golden River Capital, LLC, SBD Global FL, Inc.. Attorney Martin L. Roth added to party Gary D Alexander(pty:dft), Attorney Martin L. Roth added to party Michael Alexander(pty:dft), Attorney Martin L. Roth added to party Golden River Capital I, Inc.(pty:dft), Attorney Martin L. Roth added to party Golden River Capital, LLC(pty:dft), Attorney Martin L. Roth added to party SBD Global FL, Inc.(pty:dft). Responses due by 10/21/2016 (Roth, Martin)
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Filing 22
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. NIT Enterprises, Inc. served on 9/14/2016, answer due 10/5/2016. (Hubbard, John)
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Filing 21
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. NIT Enterprises FL, Inc. served on 9/14/2016, answer due 10/5/2016. (Hubbard, John)
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Filing 20
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. Gary R Smith served on 9/14/2016, answer due 10/5/2016. (Hubbard, John)
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Filing 19
CERTIFICATE OF SERVICE by Shelley Letzer (Hubbard, John)
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Filing 18
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. Gary D Alexander served on 9/15/2016, answer due 10/6/2016. (Hubbard, John)
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Filing 17
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. The Radiant Creations Group, Inc served on 9/15/2016, answer due 10/6/2016. (Hubbard, John)
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Filing 16
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. Golden River Capital I, Inc. served on 9/15/2016, answer due 10/6/2016. (Hubbard, John)
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Filing 15
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. Golden River Capital, LLC served on 9/15/2016, answer due 10/6/2016. (Hubbard, John)
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Filing 14
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. SBD Scientific & Biological Dynamics, Inc. served on 9/15/2016, answer due 10/6/2016. (Hubbard, John)
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Filing 13
SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint with a 21 day response/answer filing deadline by Shelley Letzer. SBD Global FL, Inc. served on 9/15/2016, answer due 10/6/2016. (Hubbard, John)
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Filing 12
NOTICE of Attorney Appearance by Michael H. Nullman on behalf of Gary R Smith. Attorney Michael H. Nullman added to party Gary R Smith(pty:dft). (Nullman, Michael)
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Filing 11
ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE ORDER REQUIRING JOINT SCHEDULING REPORT Telephonic Scheduling Conference set for 10/19/2016 02:10 PM before Ch. Magistrate Judge Frank J. Lynch Jr. -Joint Scheduling Report due by 10/17/2016 Signed by Ch. Magistrate Judge Frank J. Lynch, Jr on 9/9/2016. (lan) #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. Modified text on 9/13/2016 (lan).
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Set Hearings per #11 Order. Telephonic Scheduling Conference set for 10/19/2016 02:10 PM before Ch. Magistrate Judge Frank J. Lynch Jr.. (lan)
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Filing 10
ORDER REFERRING CASE to Magistrate Judge Frank J. Lynch, Jr for Scheduling Conference, SCHEDULING ORDER: ( Status Conference set for 4/12/2017 01:15 PM before Judge Donald M. Middlebrooks., Jury Trial set for 4/17/2017 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 4/12/2017 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 9/9/2016. (lan) #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 9
Second AMENDED COMPLAINT against All Defendants, filed by Shelley Letzer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hubbard, John)
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Filing 8
ENDORSED ORDER. In her Amended Complaint, Plaintiff attempts to allege the citizenship of Defendant Golden River Capital, LLC, alleging "[a]ll members of Golden River Capital are Florida residents." (Am. Compl. at 2). However, "[r]esidence alone is not enough. Citizenship, not residence, is the key fact that must be alleged in the complaint to establish diversity[.]" Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1269 (11th Cir. 2013) (internal citations and quotations omitted). Citizenship of a state requires "both residence in a state and 'an intention to remain there indefinitely.'" Id. Accordingly, Plaintiff is ordered to file a Second Amended Complaint, by August 22, 2016, addressing why subject matter jurisdiction exists based on diversity of the Parties, including the citizenship of all members of any limited liability company. Signed by Judge Donald M. Middlebrooks on 8/16/2016. (jk00)
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Set/Reset Deadlines/Hearings as per DE 6 : Amended Pleadings due by 8/22/2016. (lk)
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Filing 7
First AMENDED COMPLAINT against All Defendants, filed by Shelley Letzer. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Hubbard, John)
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Filing 6
ENDORSED ORDER. In her Complaint, Plaintiff alleges subject matter jurisdiction based on "complete diversity" of the Parties. (DE 1 at 3). Plaintiff alleges that "Defendant Golden River Capital, LLC is a Florida limited liability company with its principal place of business" in Florida. (DE 1 at 2). However, the citizenship of an LLC is based on the citizenship of each of its members. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Accordingly, Plaintiff is ordered to file an Amended Complaint, by August 22, 2016, addressing why subject matter jurisdiction exists based on diversity of the Parties. Signed by Judge Donald M. Middlebrooks on 8/15/2016. (jk00)
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Filing 5
Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect County when filing. The correction was made. It is not necessary to re-file this document. *In the future, please select correct venue/office and county. *County should correspond with venue action arose. (vjk)
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Filing 4
Summons Issued as to Gary D Alexander, Michael Alexander, Golden River Capital I, Inc., Golden River Capital, LLC, NIT Enterprises FL, Inc., NIT Enterprises, Inc., SBD Global FL, Inc., SBD Scientific & Biological Dynamics, Inc., Gary R Smith, The Radiant Creations Group, Inc. (srd)
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Filing 3
Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Frank J. Lynch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (srd)
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Filing 2
Judge Assignment to Judge Donald M. Middlebrooks and Ch. Magistrate Judge Frank J. Lynch, Jr (srd)
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Filing 1
COMPLAINT against All Defendants. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-8996388, payment transferred from : 16cv61940, filed by Shelley Letzer. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Summon(s))(Hubbard, John)
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