Rizvi v. Google, LLC
| Nusrat Rizvi |
| Google, LLC |
| 9:2021cv80088 |
| January 15, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2021. A more recent docket listing may be available from PACER.
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Filing 24
PAPERLESS ORDER TO SHOW CAUSE. The extended deadline to file a joint discovery plan was March 12, 2021. (DE 20 ). On March 12, 2021, Defendant filed a unilateral discovery plan, citing Plaintiff's counsel's repeated failure to provide Plaintiff's contributions to the discovery plan following the Parties' conference. (DE #22 at 1). Accordingly, no later than March 18, 2021, Plaintiff shall show cause in writing as to (1) why this case should not be dismissed without prejudice for failure to comply with a court order and (2) why Plaintiff failed to comply with the deadline for filing a joint discovery plan. Further, no later than March 18, 2021, Plaintiff shall separately file in the record Plaintiff's own contributions to the discovery plan. Plaintiff's failure to comply with this Order may result in dismissal of this case without prejudice. Signed by Judge Donald M. Middlebrooks on 3/15/2021. (kal)
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Filing 23
PAPERLESS ORDER denying without prejudice #12 Defendant's Motion to Modify Scheduling Order. Defendant seeks to modify the Pretrial Scheduling Order, citing its "inability to investigate the allegations in Plaintiff's incredibly sparse pro se complaint (due to Plaintiff's failure to respond to [Defendant's] repeated requests for information), as well as the fact that this case was filed in the wrong court and fails on multiple independent grounds to state a plausible claim for relief." (DE #12 at 1). Plaintiff has failed to timely respond to the Motion. The Scheduling Order may be modified only upon a showing of "good cause." Fed. R. Civ. P. 16(b)(4). "This good cause standard precludes modification unless the schedule cannot 'be met despite the diligence of the party seeking the extension.'" Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (citing Fed. R. Civ. P. 16 advisory committee's note). On this record, I decline to modify the Pretrial Scheduling Order. Absent extraordinary circumstances, I do not view the anticipated filing of a motion to transfer or dismiss, let alone the existence of a pending motion, as an appropriate basis to extend the discovery deadline at this stage. Moreover, this Motion is premature given that the discovery deadline is still four months away. For the time being, Defendant should diligently attempt to comply with the Pretrial Scheduling Order. As the case progresses, if it is unable to meet a specific deadline, Defendant may move for an extension as to that deadline by setting forth specific facts describing the particular obstacles that have prevented timely compliance, and any efforts made to comply, with the deadline. At any time, the Parties may consent to the jurisdiction of U.S. Magistrate Judge Dave Lee Brannon, who generally allows litigants great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order (DE #10 ). Signed by Judge Donald M. Middlebrooks on 3/15/2021. (apo)
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| Filing 22 Defendant's SCHEDULING REPORT - Rule 16.1 by Google, LLC (Berman, Nathan) |
| Filing 21 NOTICE of Mediator Selection. Selected/Added David H. Lichter as Mediator. (Berman, Nathan) |
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Filing 20
PAPERLESS ORDER granting #19 Defendant's Motion for Extension of Time. The deadline to file a joint discovery plan was March 5, 2021. (DE #10 at 5). Defendant seeks a seven-day extension, citing scheduling difficulties. (See DE #19 at 2). I will grant the Motion and require the Parties to file their joint discovery plan on or before March 12, 2021. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 3/8/2021. (kal)
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| Filing 19 MOTION for Extension of Time to File Discovery Plan by Google, LLC. Responses due by 3/19/2021 (Attachments: #1 Text of Proposed Order)(Berman, Nathan) |
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Filing 18
PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rebecca E. Davis. Signed by Judge Donald M. Middlebrooks on 3/5/2021. (apo)
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| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rebecca E. Davis. Filing Fee $ 200.00 Receipt # AFLSDC-14494791 by Google, LLC. Responses due by 3/18/2021 (Attachments: #1 Text of Proposed Order)(Berman, Nathan) |
| Filing 16 Corporate Disclosure Statement by Google, LLC identifying Corporate Parent XXVI Holdings Inc., holding company of Google LLC, Corporate Parent Alphabet Inc., holding company of XXVI Holdings Inc. for Google, LLC (Berman, Nathan) |
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Filing 15
PAPERLESS ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lauren Gallo White. Signed by Judge Donald M. Middlebrooks on 3/3/2021. (kal)
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| Filing 14 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lauren Gallo White. Pay.gov Agency Tracking ID FLSDC-14459159. Filing Fee $ 200.00 by Google, LLC. Responses due by 3/16/2021 (Attachments: #1 Text of Proposed Order)(Berman, Nathan) |
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Filing 13
PAPERLESS ORDER denying without prejudice #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lauren Gallo White. Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. The Motion (DE #11 ) is therefore denied without prejudice. A sample motion can be found on the Court's website. Counsel may renew the Motion in compliance with the Local Rules. Signed by Judge Donald M. Middlebrooks on 3/1/2021. (kal)
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| Filing 12 MOTION to Amend/Correct #10 Scheduling Order,, Order Referring Case to Mediation, by Google, LLC. Responses due by 3/12/2021 (Attachments: #1 Affidavit of Nathan Berman in Support of Motion to Modify Scheduling Order, #2 Text of Proposed Order)(Berman, Nathan) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lauren Gallo White. Filing Fee $ 200.00 Receipt # AFLSDC-14459159 by Google, LLC. Responses due by 3/12/2021 (Attachments: #1 Text of Proposed Order)(Berman, Nathan) |
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Filing 10
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 3/22/2021., Discovery due by 7/12/2021., Joinder of Parties due by 3/22/2021., In Limine Motions due by 7/26/2021., Dispositive Motions due by 7/26/2021., Motions due by 7/26/2021., Pretrial Stipulation due by 8/30/2021.) Signed by Magistrate Judge Dave Lee Brannon on 2/22/2021. See attached document for full details. (pcs)
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Filing 9
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 9/27/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 9/22/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 2/18/2021. 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 8 NOTICE of Attorney Appearance by Joshua Kelly Moran on behalf of Nusrat Rizvi. Attorney Joshua Kelly Moran added to party Nusrat Rizvi(pty:pla). (Moran, Joshua) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Google, LLC. Google, LLC waiver sent on 1/15/2021, answer due 3/16/2021. (Berman, Nathan) |
| Filing 6 NOTICE of Attorney Appearance by Nathan Michael Berman on behalf of Google, LLC. Attorney Nathan Michael Berman added to party Google, LLC(pty:dft). (Berman, Nathan) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Google, LLC served on 1/20/2021, answer due 2/10/2021. (pcs) |
| Filing 4 Summons Issued as to Google, LLC. (pcs) |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 1/15/2021 in the amount of $ 402.00, receipt number FLS900007190 (pcs) |
| 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. (pcs) |
| Filing 1 COMPLAINT against Google, LLC. Filing fees $ 402.00, filed by Nusrat Rizvi. (Attachments: #1 Civil Cover Sheet)(pcs) |
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| Plaintiff: Nusrat Rizvi | |
| Represented By: | Joshua Kelly Moran |
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| Defendant: Google, LLC | |
| Represented By: | Rebecca E. Davis |
| Represented By: | Lauren Gallo White |
| Represented By: | Nathan Michael Berman |
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