Rodriguez et al v. JPay, Inc. et al
| Otis Clayton and Matthew Rodriguez |
| JPay, Inc. and Keefe Commissary Network, LLC |
| 2:2019cv14137 |
| April 25, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Robin L Rosenberg |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 29 NOTICE by Keefe Commissary Network, LLC of Agreement of All Parties to Extend Deadline for Rule 26(a)(1)(A) Initial Disclosures (Graham, Darryl) |
Filing 28
PAPERLESS ORDER granting #27 Plaintiffs' Unopposed Motion for an Extension of Time to Respond to #25 Motion to Compel Arbitration. Plaintiffs shall file a Response by July 19, 2019. Signed by Judge Robin L. Rosenberg on 7/3/2019. (sk01)
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| Filing 27 Unopposed MOTION for Extension of Time to file response to Defendant JPay, Inc.'s Motion to Compel Arbitration re #25 Defendant's MOTION to Compel Bilateral Arbitration and to Stay All Proceedings by Otis Clayton, Matthew Rodriguez. Responses due by 7/17/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Hirsch, Scott) |
| Filing 26 Notice of Pending, Refiled, Related or Similar Actions by JPay, Inc. Attorney Devin Freedman added to party JPay, Inc. (pty:dft). (Attachments: #1 Exhibit Mendoza, #2 Exhibit Demler) (Freedman, Devin) Text/filer modified on 6/21/2019 (cbr). |
| Filing 25 Defendant's MOTION to Compel Bilateral Arbitration and to Stay All Proceedings by JPay, Inc.. Responses due by 7/8/2019 (Attachments: #1 Exhibit A (Declaration of Gregory Campbell), #2 Exhibit B (JPay's Terms of Service and Warranty Policy))(Freedman, Devin) |
| Filing 24 MOTION to Dismiss with Prejudice #1 Complaint,, by Keefe Commissary Network, LLC. Responses due by 7/8/2019 (Attachments: #1 Exhibit A - Contract with Amendments, #2 Exhibit B - Terms & Conditions)(Graham, Darryl) |
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Filing 23
ORDER SETTING DISCOVERY STATUS CONFERENCE AND ORDER REQUIRING JOINT DISCOVERY STATUS REPORT ( Final Discovery Status Conference set for 12/12/2019 03:30 PM before Magistrate Judge Shaniek M. Maynard.), ( Joint Discovery Status Report due by 12/9/2019.) Signed by Magistrate Judge Shaniek M. Maynard on 6/20/2019. See attached document for full details. (mee)
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Filing 22
PAPERLESS ORDER granting in part and denying in part #21 Motion for an Extension of Time to File a Response and Reply to a Motion to Dismiss. Plaintiffs' Response to any Motion to Dismiss is due by July 19, 2019. Defendants' Reply in support of any Motion to Dismiss is due by August 2, 2019. The Motion for Leave to File Excess Pages is granted in part and denied in part. Defendant KNC's Motion to Dismiss and Plaintiffs' Response thereto may not exceed 30 pages. Defendant KNC's Reply in support of a Motion to Dismiss may not exceed 15 pages. Signed by Judge Robin L. Rosenberg on 6/19/2019. (sk01)
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| Filing 21 Joint MOTION for Extension of Time to File Response/Reply/Answer , Joint MOTION for Leave to File Excess Pages by Keefe Commissary Network, LLC. (Attachments: #1 Text of Proposed Order)(Graham, Darryl) |
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Filing 20
PAPERLESS ORDER granting #19 Joint Motion for an Extension of Time to Conduct a Rule 26(f) conference. Signed by Judge Robin L. Rosenberg on 6/13/2019. (sk01)
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| Filing 19 Joint MOTION for Extension of Time to conduct a Rule 26(f) conference by JPay, Inc.. Responses due by 6/21/2019 (Attachments: #1 Text of Proposed Order)(Ona, Katerina) |
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Filing 18
PAPERLESS ORDER granting in part and denying in part #16 Motion for an Extension of Time to Respond to the Complaint. Defendant Keefe Commissary Network, LLC shall file a responsive pleading or a responsive motion by June 20, 2019. The Motion is denied to the extent that Defendant seeks a more lengthy extension. Signed by Judge Robin L. Rosenberg on 6/4/2019. (sk01)
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| Filing 17 NOTICE of Attorney Appearance by Naim Shakir Surgeon on behalf of Keefe Commissary Network, LLC. Attorney Naim Shakir Surgeon added to party Keefe Commissary Network, LLC(pty:dft). (Surgeon, Naim) |
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Keefe Commissary Network, LLC. (Attachments: #1 Text of Proposed Order)(Graham, Darryl) |
| Filing 15 NOTICE of Attorney Appearance by Darryl Robert Graham on behalf of Keefe Commissary Network, LLC. Attorney Darryl Robert Graham added to party Keefe Commissary Network, LLC(pty:dft). (Graham, Darryl) |
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Filing 14
SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Discovery due by 1/24/2020., Dispositive Motions due by 2/26/2020.) Signed by Judge Robin L. Rosenberg on 6/3/2019. See attached document for full details. (pcs) #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 13
PAPERLESS ORDER granting in part and denying in part #11 Defendant JPay, Inc.'s Motion for an Extension of Time to Respond to the Complaint. The Court grants Defendant JPay, Inc. an additional four weeks to respond to the Complaint. Defendant JPay, Inc. shall file a responsive pleading or a responsive motion by June 20, 2019. The Motion is denied to the extent that a more lengthy extension is sought. Answer due 6/20/2019. Signed by Judge Robin L. Rosenberg on 5/29/2019. (sk01)
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Filing 12
ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Sean Rodriguez. Signed by Magistrate Judge Shaniek M. Maynard on 5/16/2019. See attached document for full details. (cqs)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by JPay, Inc.. (Attachments: #1 Text of Proposed Order)(Freedman, Devin) |
| Filing 10 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sean Rodriguez. Filing Fee $ 75.00 Receipt # 113C-11648974 by JPay, Inc.. Responses due by 5/29/2019 (Attachments: #1 Text of Proposed Order)(Freedman, Devin) |
| Filing 9 NOTICE of Attorney Appearance by Katerina Loris Ona on behalf of JPay, Inc.. Attorney Katerina Loris Ona added to party JPay, Inc.(pty:dft). (Ona, Katerina) |
| Filing 8 NOTICE of Attorney Appearance by Devin Freedman on behalf of JPay, Inc.. Attorney Devin Freedman added to party JPay, Inc.(pty:dft). (Freedman, Devin) |
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Filing 7
ORDER SETTING DISCOVERY PROCEDURES, Signed by Magistrate Judge Shaniek M. Maynard on 5/10/2019. See attached document for full details. (mee)
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| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Matthew Rodriguez, Otis Clayton. Keefe Commissary Network, LLC served on 5/2/2019, answer due 5/23/2019. (Hirsch, Scott) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Matthew Rodriguez, Otis Clayton. JPay, Inc. served on 5/2/2019, answer due 5/23/2019. (Hirsch, Scott) |
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Filing 4
ORDER SETTING STATUS CONFERENCE,CALENDAR CALL, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: ( Jury Trial set for 5/26/2020 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 5/20/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 4/22/2020 09:30 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard for Discovery Matters. Signed by Judge Robin L. Rosenberg on 5/9/2019. See attached document for full details. (mee)
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| Filing 3 Summons Issued as to JPay, Inc., Keefe Commissary Network, LLC. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (kpe) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11590059, filed by Matthew Rodriguez, Otis Clayton. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Exhibit A - Keefe Contract FLDOC, #5 Exhibit B - Digital Player Program 2014 Solicitation, #6 Exhibit C - Keefe Contract FLDOC 3rd Amendement, #7 Exhibit D - Access Corrections End User Agreement, #8 Exhibit E - Keefe MP3 Advertisement, #9 Exhibit F - Keefe User Guide, #10 Exhibit G - Jpay Contract for Tablets, #11 Exhibit H - 33-602.201, #12 Exhibit I - Matthew Rodriguez Grievances)(Hirsch, Scott) |
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