Ark GBST, Ltd. v. O&M Halyard, Inc.
| Ark GBST, Ltd. |
| O&M Halyard, Inc. |
| 9:2020cv82115 |
| November 19, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1964 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 8, 2021. A more recent docket listing may be available from PACER.
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| Filing 18 Joint SCHEDULING REPORT - Rule 26(f) by O&M Halyard, Inc. (Cordoves, Armando) |
Filing 17
PAPERLESS ORDER striking #15 "Joint Discovery Plan." On December 31, 2020, Defendant O&M Halyard, Inc. unilaterally filed a "Joint Discovery Plan", indicating that it "attempted on multiple occasions [during the week of December 28th] to confer with Plaintiff... but [] received no response." (DE 15 at 1). Because the Parties must jointly file their Discovery Plan, Docket Entry #15 is hereby STRICKEN. Given that the deadline to file the Joint Discovery Plan expired on December 31, 2020 (DE #12 at 5), I will sua sponte extend the deadline for the Parties to do so until January 8, 2021. (Joint Proposed Discovery due by 1/8/2021.) Signed by Judge Donald M. Middlebrooks on 1/5/2021. (kal)
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Filing 16
PAPERLESS ORDER denying as moot #8 Defendant O&M Halyard's Motion to Dismiss. In light of Defendant's Amended Motion to Dismiss (DE #14 ), Defendant's Motion to Dismiss is denied as moot. Signed by Judge Donald M. Middlebrooks on 1/4/2021. (kal)
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| Filing 15 STRICKEN - SCHEDULING REPORT - Rule 26(f) by O&M Halyard, Inc. (Cordoves, Armando) Modified/Stricken per DE 17 on 1/6/2021 (pes). |
| Filing 14 Amended MOTION TO DISMISS #13 Order on Motion to Amend/Correct, #1 Complaint FOR FAILURE TO STATE A CLAIM by O&M Halyard, Inc.. Responses due by 1/11/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cordoves, Armando) |
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Filing 13
ORDER granting in part and denying in part #9 Motion for Leave to File Amended Motion to Dismiss or, in the Alternative, Notice Regarding Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 12/23/2020. See attached document for full details. (jao)
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Filing 12
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 1/25/2021., Discovery due by 5/17/2021., Joinder of Parties due by 1/25/2021., In Limine Motions due by 6/1/2021., Dispositive Motions due by 6/1/2021., Motions due by 6/1/2021., Pretrial Stipulation due by 7/5/2021., Jury Trial set for 8/2/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 7/28/2021 01:15 PM before Judge Donald M. Middlebrooks.), Signed by Magistrate Judge Dave Lee Brannon on 12/18/2020. See attached document for full details. (kpe) #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 11 RESPONSE to Motion re #9 MOTION to Amend/Correct #8 MOTION to Dismiss with Prejudice #1 Complaint Plaintiff's Response, and Partial Objection to, Defendant's Motion for Leave to Amend Motion to Dismiss filed by Ark GBST, Ltd.. Replies due by 12/28/2020. (Templer, Laura) |
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Filing 10
ORDER Referring Case And Setting Trial Date: ( Jury Trial set for 8/2/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/28/2021 01:15 PM before Judge Donald M. Middlebrooks.), Signed by Judge Donald M. Middlebrooks on 12/17/2020. See attached document for full details. (kpe) #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 MOTION to Amend/Correct #8 MOTION to Dismiss with Prejudice #1 Complaint by O&M Halyard, Inc.. Responses due by 12/28/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cordoves, Armando) |
| Filing 8 MOTION to Dismiss with Prejudice #1 Complaint by O&M Halyard, Inc.. Responses due by 12/28/2020 (Attachments: #1 Exhibit A Distributor Agreement, #2 Exhibit B 03/27/2020 Letter from C. Anderson, #3 Exhibit C 04/07/2020 letter from C. Anderson, #4 Exhibit D 04/22/2020 Voicemail from C. Anderson, #5 Exhibit E 04/23/2020 Voicemail from C. Anderson, #6 Exhibit F L. Morgan Affidavit)(Cordoves, Armando) |
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Filing 7
PAPERLESS ORDER granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Receive Electronically Notices of Electronic Filing. Eric H. Feiler may participate in this matter on behalf of Defendant O&M Halyard, Inc. The Clerk of Court shall provide all electronic filings to Eric H. Feiler at efeiler@HuntonAK.com. Signed by Judge Donald M. Middlebrooks on 12/9/2020. (kal)
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Filing 6
PAPERLESS ORDER granting #4 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Receive Electronically Notices of Electronic Filing. Matthew S. Brooker may participate in this matter on behalf of Defendant O&M Halyard, Inc. The Clerk of Court shall provide all electronic filings to Matthew S. Brooker at mbrooker@HuntonAK.com. Signed by Judge Donald M. Middlebrooks on 12/9/2020. (kal)
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| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric H. Feiler. Filing Fee $ 200.00 Receipt # AFLSDC-13989813 by O&M Halyard, Inc.. Responses due by 12/21/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Cordoves, Armando) |
| Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew S. Brooker. Filing Fee $ 200.00 Receipt # AFLSDC-13989746 by O&M Halyard, Inc.. Attorney Armando Cordoves, Jr added to party O&M Halyard, Inc.(pty:dft). Responses due by 12/21/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Cordoves, Armando) |
| Filing 3 Summons Issued as to O&M Halyard, Inc.(jao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (jao) |
| Filing 1 COMPLAINT Ark GBST, Ltd. against O&M Halyard, Inc.. Filing fees $ 400.00 receipt number AFLSDC-13892976, filed by Ark GBST, Ltd.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons)(Templer, Laura) |
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| Plaintiff: Ark GBST, Ltd. | |
| Represented By: | Laura P. Templer |
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| Defendant: O&M Halyard, Inc. | |
| Represented By: | Matthew S. Brooker |
| Represented By: | Eric H. Feiler |
| Represented By: | Armando Cordoves, Jr. |
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