Goldstein v. Fandango Media, LLC
| Jason Goldstein |
| Fandango Media, LLC |
| 9:2021cv80466 |
| March 3, 2021 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Rodolfo A Ruiz |
| Constitutional - State Statute |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 RESPONSE in Opposition re #26 Renewed MOTION to Compel Arbitration filed by Jason Goldstein. Replies due by 5/6/2021. (Attachments: #1 Exhibit A - Goldstein Declaration)(Hiraldo, Manuel) |
Filing 28
ORDER REFERRING #26 Renewed MOTION to Compel Arbitration filed by Fandango Media, LLC. Motion referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 4/16/2021. See attached document for full details. (scn)
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Filing 27
PAPERLESS ORDER granting #25 Defendant's Motion to Stay Discovery Pending Determination of Arbitrability. Based upon a cursory review of Plaintiff's First Amended Complaint and Defendant's Renewed Motion to Compel Arbitration #26 , the Court finds that a stay of discovery is appropriate until the Court rules on the potentially dispositive issues raised in Defendant's Renewed Motion. See, e.g., Internaves De Mexico S.A. v. Andromeda Steamship Corp., No. 16-81719, 2017 WL 7794599, at *2 (S.D. Fla. Feb. 24, 2017) ("It would be a waste of time and expense to require the Parties to exchange documents and interrogatories and depose witnesses when the Court may very well determine that the contract requires an arbitrator to resolve the dispute."); Solar Star Sys., LLC v. Bellsouth Telecommunications, Inc., No. 10-21105, 2011 WL 1226119, at *1 (S.D. Fla. Mar. 30, 2011) ("Potentially dispositive motions filed prior to discovery weigh heavily in favor of issuing a stay."); see also Nankivil v. Lockheed Martin Corp., 216 F.R.D. 689, 692 (M.D. Fla. 2003) ("[C]ourts have held good cause to stay discovery exists wherein resolution of a preliminary motion may dispose of the entire action.") (internal quotations and citations omitted). Signed by Judge Rodolfo A. Ruiz, II on 4/16/2021. (co)
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| Filing 26 Renewed MOTION to Compel Arbitration by Fandango Media, LLC. Responses due by 4/29/2021 (Attachments: #1 Exhibit Song Decl. iso Renewed Motion, #2 Exhibit A to Song Decl., #3 Exhibit B to Song Decl., #4 Exhibit C to Song Decl., #5 Exhibit D to Song Decl., #6 Exhibit Pallister Decl. iso Renewed Motion)(Siekkinen, Nury) |
| Filing 25 MOTION to Stay Discovery Pending Determination of Arbitrability by Fandango Media, LLC. Responses due by 4/28/2021 (Attachments: #1 Exhibit A)(Siekkinen, Nury) |
| Filing 24 First AMENDED COMPLAINT against Fandango Media, LLC filed in response to Order Granting Motion for Leave, filed by Jason Goldstein.(Hiraldo, Manuel) |
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Filing 23
PAPERLESS ORDER granting #22 Plaintiff's Motion for Leave to File a First Amended Complaint. Being fully advised, it is ORDERED AND ADJUDGED as follows: 1.Plaintiff may file its First Amended Complaint by Friday, April 16, 2021. 2.Defendants Motion to Compel Arbitration [ECF No. 17] is denied as moot. 3.The Order of Reference to United States Magistrate Judge [ECF No. 20] is hereby vacated. Signed by Judge Rodolfo A. Ruiz, II on 4/13/2021. (co)
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| Filing 22 MOTION for Reconsideration re 21 Order Striking,,,, by Jason Goldstein. (Attachments: #1 Text of Proposed Order)(Hiraldo, Manuel) |
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Filing 21
PAPERLESS ORDER striking #19 First Amended Class Action Complaint. Federal Rule of Civil Procedure 15 provides "[a] party may amend its pleading once as a matter of course within 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." FED. R. CIV. P. 15(a)(1)(B). Otherwise, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Id. 15(a)(2). Plaintiff served Defendant with the Complaint on February 11, 2021. See Notice of Removal [ECF No. 1]. Thus, Plaintiff had until March 4, 2021 to amend its Complaint as a matter of course. Plaintiff filed the First Amended Complaint on April 7, 2021. See [ECF No. 19]. The First Amended Complaint does not indicate Defendant consented to an amended pleading, and the Court did not grant Plaintiff leave to file one. Accordingly, the First Amended Complaint #19 is hereby STRICKEN. Signed by Judge Rodolfo A. Ruiz, II on 4/13/2021. (co)
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Filing 20
"VACATED" ORDER REFERRING #17 MOTION to Compel Arbitration filed by Fandango Media, LLC. Motion referred to Judge Bruce E. Reinhart. Signed by Judge Rodolfo A. Ruiz, II on 4/12/2021. See attached document for full details. (scn) Modified on 4/14/2021 (ls). (per DE #23)
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| Filing 19 "STRICKEN" First AMENDED COMPLAINT against Fandango Media, LLC, filed by Jason Goldstein.(Hiraldo, Manuel) Modified on 4/13/2021 (ls). (per DE #21) |
| Filing 18 NOTICE of Attorney Appearance by Christopher Chagas Gold on behalf of Jason Goldstein. Attorney Christopher Chagas Gold added to party Jason Goldstein(pty:pla). (Gold, Christopher) |
| Filing 17 MOTION to Compel Arbitration by Fandango Media, LLC. Responses due by 4/14/2021 (Attachments: #1 Text of Proposed Order, #2 Exhibit Song Decl. in support of Motion to Compel Arbitration, #3 Exhibit A to Song Decl., #4 Exhibit B to Song Decl., #5 Exhibit C to Song Decl., #6 Exhibit D to Song Decl., #7 Exhibit Pallister Decl. in support of Motion to Compel Arbitration)(Siekkinen, Nury) |
| Filing 16 Clerks Notice to Filer re #14 Certificate of Other Affiliates/Corporate Disclosure Statement,. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) |
| Filing 15 Joint SCHEDULING REPORT - Rule 16.1 by Fandango Media, LLC (Attachments: #1 Text of Proposed Order)(Siekkinen, Nury) |
| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement by Fandango Media, LLC identifying Corporate Parent AT&T Inc., Corporate Parent NBCUniversal Fandango Holdings, LLC, Corporate Parent Flixster, Inc., Corporate Parent WB Communications, Inc., Corporate Parent Comcast Corporation for Fandango Media, LLC (Siekkinen, Nury) Modified Text on 3/26/2021 (ls). |
| Filing 13 Clerks Notice to Filer re #12 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates Not Entered; ERROR - The Filer failed to enter all Other Affiliates from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates. Note - Other Affiliates do not appear on the docket sheet. (ls) |
| Filing 12 Corporate Disclosure Statement by Fandango Media, LLC identifying Corporate Parent NBCUniversal Fandango Holdings, LLC, Corporate Parent Flixster, Inc., Corporate Parent WB Communications, Inc. for Fandango Media, LLC (Siekkinen, Nury) |
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Filing 11
PAPERLESS ORDER granting [7,8] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Jeffrey Landis and James Orenstein, respectively. Signed by Judge Rodolfo A. Ruiz, II on 3/15/2021. (co)
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| Filing 10 STATUS REPORT Removal Status Report by Fandango Media, LLC (Siekkinen, Nury) |
| Filing 9 NOTICE of Compliance by Fandango Media, LLC re #3 Status Report Order (Siekkinen, Nury) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James Orenstein. Filing Fee $ 200.00 Receipt # AFLSDC-14502833 by Fandango Media, LLC. Responses due by 3/22/2021 (Attachments: #1 Text of Proposed Order)(Siekkinen, Nury) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey Landis. Filing Fee $ 200.00 Receipt # AFLSDC-14502720 by Fandango Media, LLC. Responses due by 3/22/2021 (Attachments: #1 Text of Proposed Order)(Siekkinen, Nury) |
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Filing 6
PAPERLESS ORDER granting in part #5 Defendant Fandango Media, LLC's Unopposed Motion for Enlargement of Time for Defendant to Respond to Complaint. Defendant shall file its response to Plaintiff's Complaint by March 31, 2021. Signed by Judge Rodolfo A. Ruiz, II on 3/4/2021. (co)
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by Fandango Media, LLC. (Attachments: #1 Text of Proposed Order)(Siekkinen, Nury) |
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Filing 4
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: Joint Scheduling Report and Certificates of Interested Parties due by 3/25/2021. Signed by Judge Rodolfo A. Ruiz, II on 3/3/2021. See attached document for full details. (scn)
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Filing 3
ORDER REQUIRING REMOVAL STATUS REPORT: Removal Status Report due by 3/10/2021. Signed by Judge Rodolfo A. Ruiz, II on 3/3/2021. See attached document for full details. (scn)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (scn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Goldstein Class Action Complaint) Filing fee $ 402.00 receipt number AFLSDC-14485838, filed by Fandango Media, LLC. (No Answer filed/No Motion to Dismiss filed) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A-Complaint and State Court Pleadings and Process, #3 Exhibit B-Kornzweig Declaration, #4 Exhibit C-Samovar Declaration, #5 Exhibit Notice of Filing Notice of Removal)(Siekkinen, Nury) Text Modified on 3/3/2021. (scn) |
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