Wendy's Netherlands B.V. v. Levy
| Wendy's Netherlands B.V. |
| Heather Levy |
| 2:2026mc14162 |
| May 12, 2026 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Shaniek Mills Maynard |
| Other Statutory Actions |
| Motion to enforce deposition subpoena |
| None |
Docket Report
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This docket was last retrieved on June 9, 2026. A more recent docket listing may be available from PACER.
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| Civil Case Terminated per DE 24 Order. Closing Case. (amb) |
Filing 24
PAPERLESS ORDER directing Clerk to CLOSE case, without prejudice to the parties and subject to a proper motion to reopen. Signed by Judge Aileen M. Cannon on 6/9/2026. (jj02)
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Filing 23
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS. The Report and Recommendation DE #18 is ACCEPTED. Movant's Expedited Motion to Compel Compliance with Subpoena DE #1 is GRANTED IN PART AND DENIED IN PART. Respondent's Motion for Protective Order as to Heather Levy DE #11 is GRANTED IN PART AND DENIED IN PART. Respondent's Motion for Protective Order as to the Berkowitz Subpoena DE #12 is GRANTED IN PART AND DENIED IN PART Certificate of Appealability: No Ruling. Signed by Judge Aileen M. Cannon on 6/8/2026. See attached document for full details. (ebz)
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| Filing 22 PAPERLESS ORDER denying without prejudice #21 Motion for Limited Reconsideration of Report and Recommendation ("Motion"). The Motion fails to certify compliance with Local Rule 7.1(a)(3), which requires counsel for the moving party to confer with all parties or non-parties who may be affected by the relief sought and specify whether such parties are opposed to the relief sought. S.D. Fla. L. R. 7.1(a)(3). Any renewed motion shall comply with this certification requirement. In light of the substantial work already undertaken with respect to the pending Report and Recommendation, counsel are encouraged to confer in good faith to determine if the issues raised in the Motion may be resolved or narrowed without further motion practice. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 5/29/2026. (jrz) |
| Filing 21 MOTION for Reconsideration re #18 REPORT AND RECOMMENDATIONS re #1 Motion to Compel Discovery filed by Wendy's Netherlands B.V., #11 MOTION for Protective Order filed by Heather Levy, #12 MOTION for Protective Order Limiting the Berkowitz Subpoena file by Wendy's Netherlands B.V.. Responses due by 6/12/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Aronovitz, Cary) |
| Filing 20 NOTICE by Wendy's Netherlands B.V. re #18 REPORT AND RECOMMENDATIONS re #1 Motion to Compel Discovery filed by Wendy's Netherlands B.V., #11 MOTION for Protective Order filed by Heather Levy, #12 MOTION for Protective Order Limiting the Berkowitz Subpoena file (Aronovitz, Cary) |
| Filing 19 NOTICE of Non-Objection by Heather Levy re #18 REPORT AND RECOMMENDATIONS re #1 Motion to Compel Discovery filed by Wendy's Netherlands B.V., #11 MOTION for Protective Order filed by Heather Levy, #12 MOTION for Protective Order Limiting the Berkowitz Subpoena file (Polenberg, Jon) |
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Filing 18
REPORT AND RECOMMENDATIONS re #1 Motion to Compel Discovery filed by Wendy's Netherlands B.V., #11 MOTION for Protective Order and #12 MOTION for Protective Order Limiting the Berkowitz Subpoena filed by Heather Levy. I respectfully RECOMMEND that: Movant's Expedited Motion to Compel Compliance with Subpoena, DE 1, be GRANTED IN PART AND DENIED IN PART consistent with the limitations set forth herein ; Respondent's Motion for Protective Order as to Heather Levy, DE 11, be GRANTED IN PART AND DENIED IN PART consistent with the limitations, instructions, and protections set forth herein; Respondent's Motion for Protective Order as to the Berkowitz Subpoena, DE 12, be GRANTED IN PART AND DENIED IN PART consistent with the limitations, instructions, and protections set forth herein. PLEASE NOTE SHORTENED OBJECTIONS PERIOD - Objections to R&R due by 5/29/2026 Signed by Magistrate Judge Shaniek Mills Maynard on 5/27/2026. (mab) See attached document for full details. (Attachments: #1 Levy Cognovit Note -Ohio DE 3-4, #2 Ohio Order Vacating Cognovit Judgment- Ohio DE 44, #3 Wendys Levy Joint Status Report -Ohio DE 45, #4 Wendys Ohio Scheduling Order- Ohio DE 63, #5 SD Ohio Order re Reasonable Financial Asset Discovery-Ohio DE 93, #6 SD Ohio Joint Status Report Re Discovery_ May 11 2026-Ohio DE 107, #7 May 21 2026 Ohio Order- Ohio DE 111, #8 May 26 2026 Status Report- Ohio DE 116)
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| Filing 17 RESPONSE to Motion re #12 MOTION for Protective Order Limiting the Berkowitz Subpoena filed by Wendy's Netherlands B.V.. Replies due by 5/26/2026. (Attachments: #1 Exhibit Consent to Disclose Tax Return Information)(McBride, Mitchell) |
| Filing 16 RESPONSE to Motion re #11 MOTION for Protective Order filed by Wendy's Netherlands B.V.. Replies due by 5/26/2026. (Attachments: #1 Exhibit 4/7/2026 Order)(McBride, Mitchell) |
| Filing 15 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSES: Respondent has filed two Motions for Protective Order #11 #12 . One seeks protection from compliance with the subpoena already at issue in this proceeding, and the second seeks protection from a related subpoena served upon her Florida accounting firm. So that I may be fully advised, Movant shall file responses to both motions by Monday, May 18, 2026. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 5/15/2026. (jrz). |
| Filing 14 REPLY to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, #10 Response/Reply (Other) by Wendy's Netherlands B.V.. (McBride, Mitchell) |
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Filing 13
PAPERLESS ORDER: Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Respondent's #11 #12 Motions for Protective Orders are hereby REFERRED to Magistrate Judge Shaniek M. Maynard for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 5/14/2026. (jj02)
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| Filing 12 MOTION for Protective Order Limiting the Berkowitz Subpoena by Heather Levy. Responses due by 5/27/2026. (Polenberg, Jon) |
| Filing 11 MOTION for Protective Order by Heather Levy. Responses due by 5/27/2026. (Polenberg, Jon) |
| Filing 10 RESPONSE to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by Heather Levy. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Polenberg, Jon) |
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Filing 9
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 5/12/2026. (jj02)
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| Filing 8 NOTICE of Attorney Appearance by Jon Polenberg on behalf of Heather Levy. Attorney Jon Polenberg added to party Heather Levy(pty:dft). (Polenberg, Jon) |
| Filing 7 CERTIFICATE OF SERVICE by Wendy's Netherlands B.V. re 6 Order,,,, Set/Reset Deadlines,,, (McBride, Mitchell) |
| Filing 6 PAPERLESS ORDER SETTING EXPEDITED BRIEFING SCHEDULE: Movant's Expedited Motion to Compel Heather Levy's Compliance with Subpoena #1 has been referred to me for expedited review and recommended disposition 5 . The expedited motion seeks to enforce a non-party subpoena seeking financial information from a Vero Beach resident in connection with proceedings currently pending in the Southern District of Ohio. According to a certificate of service, the non-party is represented by counsel who has agreed to accept service on her behalf. Upon review, I find an expedited response warranted. Accordingly, Respondent Heather Levy shall file a response to the Motion by tomorrow, Wednesday, May 13, 2026. A reply shall be filed by Thursday, May 14, 2026. Movant's counsel shall ensure that Respondent receives notice of this Order and shall promptly file a notice confirming the same. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 5/12/2026. (jrz). |
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Filing 5
PAPERLESS ORDER: Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Movant's #1 Expedited Motion to Compel Heather Levy's Compliance with Subpoena is hereby REFERRED to Magistrate Judge Shaniek M. Maynard for expedited review and a Report and Recommendation. Signed by Judge Aileen M. Cannon on 5/12/2026. (jj02)
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| Filing 4 CERTIFICATE OF SERVICE by Wendy's Netherlands B.V. re #1 Petition/Motion (Complaint) RE: Subpoena from Another District, (McBride, Mitchell) |
| Filing 3 Clerk's Notice to Filer re: Summons(es) will not be issued. MC type cases do not require summons(es) (drz) |
| Filing 2 Judge Assignment to Judge Aileen M. Cannon (drz) |
| Filing 1 Petition/Motion (Complaint) RE: Subpoena to Enforce from Another District - Expedited Motion to Compel Heather Levy's Compliance with Subpoena. Filing fee $52.00 receipt number AFLSDC-19531559, filed by Wendy's Netherlands B.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit, #6 Civil Cover Sheet, #7 Summon(s))(McBride, Mitchell) Modified Event Type on 5/18/2026 (mab). |
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| Plaintiff: Wendy's Netherlands B.V. | |
| Represented By: | Mitchell Lee McBride |
| Represented By: | Cary Oren Aronovitz |
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| Defendant: Heather Levy | |
| Represented By: | Jon Polenberg |
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