Kuppinger, M.D. et al v. JM.JZ Enterprises, INC. et al

Plaintiff:	Gerald Molloy, MD and Jordan Kuppinger, MD
Defendant:	Jonn A McClellan, Michael Cutler, JM.JZ Enterprises, INC. a Florida corporation doing business as Coastal Health Group and Cheikh Robertson
Case Number:	9:2021cv80492
Filed:	March 5, 2021
Court:	US District Court for the Southern District of Florida
Presiding Judge:	Dave Lee Brannon
Referring Judge:	Donald M Middlebrooks
2 Judge:	Bruce E Reinhart
Nature of Suit:	Other Statutes: False Claims Act
Cause of Action:	31 U.S.C. § 3730 Qui Tam False Claims Act
Jury Demanded By:	Defendant

Date Filed	Document Text
March 17, 2023	Filing 192 Clerk's Notice to Filer re #189 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas)
March 17, 2023	Filing 191 PAPERLESS ORDER denying #190 the non-party's Motion to Seal certain filings on the docket. The non-party seeks relief in a closed case over which the Court no longer has jurisdiction based on the parties' filing of a stipulation of dismissal. See Cohen v. NCL (Bahamas) Ltd., No. 16-23104-CIV, 2017 WL 3773702, at *1 (S.D. Fla. May 31, 2017) ("a stipulation of dismissal is... self-executing and deprives the Court of jurisdiction to do anything further.") (citing Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1280 (11th Cir. 2012). Signed by Magistrate Judge Bruce E. Reinhart on 3/17/2023. (hk02)
March 17, 2023	Filing 190 MOTION for Confidentiality Order , MOTION to seal proprietary confidential information re #1 Complaint,, #22 Amended Complaint/Amended Notice of Removal,, by Movedocs.com LLC. (Papasov, Pamela)
March 17, 2023	Filing 189 NOTICE of Attorney Appearance by Pamela Cordova Papasov on behalf of Movedocs.com LLC. Attorney Pamela Cordova Papasov added to party Movedocs.com LLC(pty:mov). (Papasov, Pamela)
August 29, 2022	Filing 188 STIPULATION of Dismissal JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by Jordan Kuppinger, MD, Gerald Molloy, MD (Attachments: #1 Text of Proposed Order)(Castro, Monica)
August 1, 2022	Filing 187 ORDER Dismissing Case and Close-Out re #186 Joint Stipulation of Dismissal. Signed by Magistrate Judge Bruce E. Reinhart on 8/1/2022. See attached document for full details. (ls)
July 29, 2022	Filing 186 STIPULATION of Dismissal Joint by Jordan Kuppinger, MD, Gerald Molloy, MD (Attachments: #1 Text of Proposed Order)(Castro, Monica)
July 21, 2022	Filing 185 PAPERLESS ORDER granting #184 the parties' Joint Motion for an Extension of Time to file pre-hearing briefs. The legal briefs shall be filed by 7/29/22. Signed by Magistrate Judge Bruce E. Reinhart on 7/21/2022. (hk02)
July 21, 2022	Filing 184 Joint MOTION for Extension of Time TO FILE BRIEFS REGARDING WHICH COUNTS ARE FOR THE COURT TO DECIDE re 181 Order Setting Status Conference,,, Order Setting/Cancelling Hearing,, by Jordan Kuppinger, MD, Gerald Molloy, MD. Responses due by 8/4/2022 (Castro, Monica)
July 12, 2022	Filing 183 ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION DE #177 AND MOTION FOR A HEARING DE #178 . Signed by Magistrate Judge Bruce E. Reinhart on 7/12/2022. See attached document for full details. (ebz)
July 7, 2022	Filing 182 PAPERLESS ORDER changing the hearing on August 3, 2022 from an in person hearing to a Zoom hearing. The Court will email the Zoom link to counsel in advance of the hearing. Signed by Magistrate Judge Bruce E. Reinhart on 7/7/2022. (hk02)
June 16, 2022	Filing 181 PAPERLESS ORDER Setting an IN PERSON Case Management Status Conference and Miscellaneous Hearing for 8/3/2022 at 2:00 PM in the West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel should be prepared to discuss setting a trial date as well as present oral argument regarding which counts should be decided by the court versus a jury. The parties' briefs regarding how the counts should be tried are due by 7/22/22. Mr. Scarola shall notify the Court if his trial conflict in July is cancelled or adjourned. Signed by Magistrate Judge Bruce E. Reinhart on 6/16/2022. (hk02)
June 10, 2022	Filing 180 Plaintiff's REPLY to Response to Motion re #177 Plaintiff's MOTION for Reconsideration re #169 Order on Sealed Motion Motion for Reconsideration of Magistrate's Order or Alternatively, Objections to Magistrate's Report and Recommendation REPLY IN SUPPORT OF MOTION FOR RECONSIDERATION OF MAGISTRATES ORDER OR ALTERNATIVELY, OBJECTIONS TO MAGISTRATES REPORT AND RECOMMENDATION filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhibit A - Excerpt of March 4, 2022 Hearing Transcript, #2 Exhibit Exhibit B - Excerpt of March 1, 2022 Hearing Transcript)(Castro, Monica)
June 3, 2022	Filing 179 RESPONSE in Opposition re #177 Plaintiff's MOTION for Reconsideration re #169 Order on Sealed Motion Motion for Reconsideration of Magistrate's Order or Alternatively, Objections to Magistrate's Report and Recommendation filed by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Attorney Andrew Joseph Boloy added to party Michael Cutler(pty:dft), Attorney Andrew Joseph Boloy added to party Jonn A McClellan(pty:dft), Attorney Andrew Joseph Boloy added to party Cheikh Robertson(pty:dft). Replies due by 6/10/2022. (Boloy, Andrew)
May 25, 2022	Filing 178 Plaintiff's MOTION for Hearing re #177 Plaintiff's MOTION for Reconsideration re #169 Order on Sealed Motion Motion for Reconsideration of Magistrate's Order or Alternatively, Objections to Magistrate's Report and Recommendation by Jordan Kuppinger, MD, Gerald Molloy, MD. (Castro, Monica)
May 23, 2022	Filing 177 Plaintiff's MOTION for Reconsideration re #169 Order on Sealed Motion Motion for Reconsideration of Magistrate's Order or Alternatively, Objections to Magistrate's Report and Recommendation by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhibit A - Excerpts of Evidentiary Hearing dated March 4, 2022, #2 Exhibit Exhibit B - Excerpts of Evidentiary Hearing dated March 1, 2022, #3 Exhibit Exhibit C - Excerpts of Evidentiary Hearing dated November 19, 2021, #4 Exhibit Exhibit D - Emails dated October 21, 2021)(Castro, Monica)
May 20, 2022	Filing 176 TRANSCRIPT of hearing held on 03/15/2022 before Magistrate Judge Bruce E. Reinhart, Volume Number 1, 1-105 pages, Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Pell Velazco, Sharon)
May 19, 2022	Filing 175 PAPERLESS ORDER granting #174 Defendants' Unopposed Motion to Continue and cancelling the status conference and oral argument previously scheduled for 6/28/22. Counsel shall confer and email the Court with three proposed dates for rescheduling the status conference and oral argument. Signed by Magistrate Judge Bruce E. Reinhart on 5/19/2022. (hk02)
May 19, 2022	Filing 174 Unopposed MOTION to Continue Hearing scheduled for 6.28.22 re 173 Order on Motion to Continue,, by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 6/2/2022 (Scarola, John)
May 18, 2022	Filing 173 PAPERLESS ORDER granting #172 Plaintiffs' Unopposed Motion to Continue the Status Conference and resetting it for 6/28/2022 at 11:00 AM in the West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The Conference will be conducted IN PERSON and counsel should be prepared to discuss setting a trial date as well as present oral argument regarding which counts should be decided by the court versus a jury. The parties' briefs regarding how the counts should be tried are due by June 23, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 5/18/2022. (hk02)
May 18, 2022	Set/Reset Hearings Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 6/28/2022 11:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. (tmn)
May 17, 2022	Filing 172 Unopposed MOTION to Continue re 171 Order Setting Status Conference,, by Jordan Kuppinger, MD, Gerald Molloy, MD. Responses due by 5/31/2022 (Attachments: #1 Exhibit Ex. A - Order Compelling Attendance at Trial.)(Castro, Monica)
May 9, 2022	Filing 171 PAPERLESS ORDER Setting a Telephonic Status Conference for 5/26/2022 at 12:00 PM before Magistrate Judge Bruce E. Reinhart. By 5/24/22, the parties shall file briefs (not to exceed 15 pages) regarding which counts in the Amended Complaint should be tried before a jury and which counts are for the Court to decide. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 5/9/2022. (hk02)
May 9, 2022	Filing 170 Clerks Notice of Docket Correction re #169 Order Docket Text Modified by Clerk. See DE #169 Order. (kpe)
May 9, 2022	Filing 169 ORDER denying #125 Plaintiffs' Motion To Enforce Settlement Agreement. Signed by Magistrate Judge Bruce E. Reinhart on 5/9/2022. See attached document for full details. (kpe)
March 15, 2022	Filing 168 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Evidentiary Hearing on Plaintiff's Motion to Enforce Settlement (DE 125) held on 3/15/2022. Total time in court: 2 hours : 30 minutes. (Digital 9:08:20) (hk02)
March 14, 2022	Filing 167 TRANSCRIPT of Continuation of Evidentiary Hearing held on 3/4/22 before Magistrate Judge Bruce E. Reinhart, 3/4/22 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (dmr)
March 14, 2022	Filing 166 TRANSCRIPT of Continuation of Evidentiary Hearing held on 3/1/22 before Magistrate Judge Bruce E. Reinhart, 1-139 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (dmr)
March 9, 2022	Filing 165 PAPERLESS ORDER taking under advisement #125 Plaintiffs' Motion to Enforce the Settlement Agreement and setting the Continued IN PERSON Evidentiary Hearing for 3/15/2022 at 9:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 3/9/2022. (hk02)
March 8, 2022	Filing 164 PAPERLESS ORDER denying #163 Defendants' Expedited Motion for an order denying Plaintiffs' motion to enforce the settlement and ordering the parties to confer and email the Court (reinhart@flsd.uscourts.gov) by 5:00 p.m. today with jointly proposed dates for a continuation of the evidentiary hearing. Signed by Magistrate Judge Bruce E. Reinhart on 3/8/2022. (hk02)
March 8, 2022	Filing 163 Joint EXPEDITED MOTION For An Immediate Ruling Denying Plaintiffs' Motion to Enforce Settlement Agreement and for Sanctions [D.E. 125] re #125 Plaintiff's SEALED MOTION PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Boloy, Andrew)
March 4, 2022	Filing 162 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Continued Evidentiary Hearing on Plaintiff's Motion to Enforce Settlement (DE 125) held on 3/4/2022. Total time in court: 3 hours. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (hk02)
March 1, 2022	Filing 161 PAPERLESS ORDER taking under advisement #125 Plaintiffs' Motion to Enforce the Settlement Agreement and Continuing the Evidentiary Hearing IN PERSON on 3/4/2022 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 3/1/2022. (hk02)
March 1, 2022	Filing 160 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Evidentiary Hearing on Plaintiffs' Motion to Enforce Settlement Agreement (DE 125) held on 3/1/2022. Total time in court: 3 hours: 45 minutes. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (hk02)
February 18, 2022	Filing 159 Exhibit and Witness List Plaintiffs' Exhibit and Witness List by Jordan Kuppinger, MD, Gerald Molloy, MD.. (Cuza, Jesus)
February 18, 2022	Filing 158 NOTICE by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson re 149 Order on Sealed Motion,,,, (Attachments: #1 Exhibit 1) (Boloy, Andrew)
February 4, 2022	Filing 157 ORDER denying #153 Plaintiff's Expedited Motion MOTION FOR PRODUCTION OF CORPORATE RECORDS. Signed by Magistrate Judge Bruce E. Reinhart on 2/4/2022. See attached document for full details. (drz)
February 3, 2022	Filing 156 Plaintiff's REPLY to Response to Motion re #153 Plaintiff's EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS RELATED TO DISSIPATION OF COMPANY ASSETS AND APPARENT EFFORT TO PERPETRATE A FRAUD UPON THE COURT PLAINTIFFS' REPLY IN SUPPORT OF EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhbit A - July 2021 Accounts Receivable)(Rothschild, Philip)
February 3, 2022	Filing 155 RESPONSE to Motion re #153 Plaintiff's EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS RELATED TO DISSIPATION OF COMPANY ASSETS AND APPARENT EFFORT TO PERPETRATE A FRAUD UPON THE COURT filed by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Replies due by 2/10/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Scarola, John)
January 31, 2022	Reset Deadlines as to #153 Plaintiff's EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS RELATED TO DISSIPATION OF COMPANY ASSETS AND APPARENT EFFORT TO PERPETRATE A FRAUD UPON THE COURT . Responses due by 2/3/2022 (ls)(per DE #154)
January 31, 2022	Filing 154 PAPERLESS ORDER taking under advisement #153 Plaintiffs' Motion Production of Corporate Records and ordering an expedited response. Defendants shall file their response to Plaintiffs' motion by Thursday, February 3, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 1/31/2022. (hk02)
January 31, 2022	Filing 153 Plaintiff's EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS RELATED TO DISSIPATION OF COMPANY ASSETS AND APPARENT EFFORT TO PERPETRATE A FRAUD UPON THE COURT by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhibit A - Letter to Coastal re Accounting dated January 18, 2022, #2 Exhibit Exhibit B - Letter Scarola to Newman re Coastal dated January 24, 2022)(Rothschild, Philip)
January 27, 2022	Filing 152 PAPERLESS ORDER denying #151 Defendants' Motion to Compel depositions of Plaintiffs' counsel. The Court's previous order to preserve testimony was based on defense counsel's representation that he would be unavailable on March 1, 2022 due to a trial conflict. There has been no showing of actual unavailability for the witnesses Defendants seek to depose with this motion, and Defendants' contention regarding their potential unavailability is speculative. If any unexpected health issues arise at the time of the hearing, the Court will address those issues then. Signed by Magistrate Judge Bruce E. Reinhart on 1/27/2022. (hk02)
January 27, 2022	Filing 151 Defendant's MOTION to Compel Depositions by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 2/10/2022 (Attachments: #1 Text of Proposed Order)(Scarola, John)
January 12, 2022	Filing 150 NOTICE OF ZOOM LINK for Evidentiary Hearing set for 3/1/2022 at 1:00 PM before Magistrate Judge Bruce E. Reinhart. Join ZoomGov Meetinghttps://www.zoomgov.com/j/1607518992?pwd=d3BaamgySDJ1K052V0lsTkF1dmdzUT09Meeting ID: 160 751 8992Passcode: 717319One tap mobile+16692545252,,1607518992#,,,,717319# US (San Jose)+16468287666,,1607518992#,,,,717319# US (New York)Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 551 285 1373 US +1 669 216 1590 US (San Jose)Meeting ID: 160 751 8992Passcode: 717319Find your local number: https://www.zoomgov.com/u/aeEkZDMCbUJoin by SIP1607518992@sip.zoomgov.comJoin by H.323161.199.138.10 (US West)161.199.136.10 (US East)Meeting ID: 160 751 8992Passcode: 717319Join by Skype for Businesshttps://www.zoomgov.com/skype/1607518992 (tmn)
January 12, 2022	Filing 149 PAPERLESS ORDER taking under advisement #125 Plaintiff's Motion to Enforce Settlement Agreement and setting an Evidentiary Hearing to be conducted by remote means for 3/1/2022 at 1:00 PM before Magistrate Judge Bruce E. Reinhart. The hearing will be conducted via Zoom and a link will be provided in advance of the hearing. The testimony of any witnesses who cannot appear on 3/1/22 shall be taken in advance of the hearing. The parties shall file their exhibit and witness lists by 2/18/22 at 5:00 p.m. Any rebuttal witness lists are due by 2/22/22 at 5:00 p.m. Any witnesses who are not disclosed by the deadline will not be permitted to testify. Counsel shall email their exhibits to the Court at reinhart@flsd.uscourts.gov by 2/25/22. All exhibits shall be pre-labeled in accordance with the exhibit list. Exhibit labels must include the case number, the exhibit number, and the party offering the exhibit. The typewritten exhibit list shall set forth the exhibit number and description of each exhibit. The exhibit list shall conform to the requirements of Form AO 187, which is available from the Clerks office. Signed by Magistrate Judge Bruce E. Reinhart on 1/12/2022. (hk02)
January 12, 2022	Filing 148 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Scheduling Conference held on 1/12/2022. Total time in court: 7 minutes. (Digital BER_1_01.12.2022) (hk02)
January 12, 2022	Evidentiary Hearing on 1/18/22 terminated. (hk02)
January 11, 2022	Filing 147 PAPERLESS Order setting a Telephonic Status Conference for 1/12/2022 at 10:00 AM before Magistrate Judge Bruce E. Reinhart. Given defense counsel's trial conflict with the evidentiary hearing set on 1/18/22, the court will reschedule the evidentiary hearing. Counsel should be prepared to discuss their availability to conduct the evidentiary hearing in March. Counsel shall appear at the telephone status conference using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 1/11/2022. (hk02)
January 5, 2022	Filing 146 PAPERLESS ORDER taking under advisement #125 Plaintiff's Motion to Enforce Settlement Agreement and resetting the In Person Evidentiary Hearing for 1/18/2022 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. NOTE: COURT REPORTER REQUIRED. Signed by Magistrate Judge Bruce E. Reinhart on 1/5/2022. (hk02)
January 5, 2022	Filing 145 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Conference re: rescheduling of the evidentiary hearing on Plaintiffs' Motion to Enforce Settlement Agreement (DE 125) held on 1/5/2022. Total time in court: 15 minutes. (Digital BER_1_01.05.2022) (hk02)
January 4, 2022	Filing 144 PAPERLESS ORDER Cancelling the Evidentiary Hearing on #125 Plaintiffs' Motion to Enforce the Settlement Agreement previously scheduled for 1/5/2022 and setting a Telephonic Status Conference on 1/5/2022 at 10:00 AM before Magistrate Judge Bruce E. Reinhart to discuss the re-scheduling of the evidentiary hearing. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 1/4/2022. (hk02)
December 17, 2021	Filing 143 PAPERLESS ORDER taking under advisement #125 Plaintiffs' Motion to Enforce the Settlement Agreement and setting an IN PERSON Evidentiary Hearing for 1/5/2022 at 10:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Bruce E. Reinhart on 12/17/2021. NOTE: COURT REPORTER REQUIRED. (hk02)
December 16, 2021	Filing 142 PAPERLESS Order Cancelling the In Person Evidentiary Hearing previously scheduled for 12/17/2021. The Hearing will be reset by separate order. Signed by Magistrate Judge Bruce E. Reinhart on 12/16/2021. (hk02)
December 16, 2021	Filing 141 NOTICE OF FILING ADDITIONAL EXHIBITS IN SUPPORT OF DEFENDANTS' JOINT RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT AND FOR SANCTIONS by JM.JZ Enterprises, INC. re #131 Sealed Document,,,,,,, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE) (Boloy, Andrew) Modified text on 12/17/2021 (ebz).
December 15, 2021	Filing 140 CLERK'S NOTICE of Compliance re #139 Order, (dj)
December 15, 2021	Filing 139 ORDER Unsealing Filings re #135 Show Cause Order; Unsealing de#'s #125 Plaintiff's SEALED MOTION #131 Sealed Document. and #133 Sealed Document; VACATING de# 124 and 130 Signed by Magistrate Judge Bruce E. Reinhart on 12/15/2021. See attached document for full details. (dj)
December 14, 2021	Filing 138 NOTICE of Compliance Plaintiffs' Response to Order to Show Cause re sealed filings - No Objection to Unsealing by Jordan Kuppinger, MD, Gerald Molloy, MD re #135 Order (Rothschild, Philip)
December 9, 2021	Filing 137 NOTICE of Compliance Defendants' Joint Response to This Court's Order to Show Cause by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson re #135 Order (Boloy, Andrew)
November 30, 2021	Filing 136 TRANSCRIPT of Motion Hearing held on 11/19/21 before Magistrate Judge Bruce E. Reinhart, 1-108 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/21/2021. Redacted Transcript Deadline set for 1/3/2022. Release of Transcript Restriction set for 2/28/2022. (dmr)
November 30, 2021	Bench trial on 12/16/21 and 12/17/21 terminated. (hk02)
November 30, 2021	Set/Reset Hearings Evidentiary Hearing set for 12/17/2021 at 10:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. (hk02)
November 29, 2021	Filing 135 ORDER TO SHOW CAUSE re: sealing the briefs associated with Plaintiffs' Motion to Enforce Settlement Agreement. Signed by Magistrate Judge Bruce E. Reinhart on 11/29/2021. See attached document for full details. (hk02)
November 19, 2021	Filing 134 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart and MINUTE ORDER re #125 Plaintiff's SEALED MOTION PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS. Miscellaneous Hearing held on 11/19/2021. Total time in court: 2 hours : 30 minutes. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov.The bench trial previously scheduled for December 16-17, 2021 is hereby CANCELLED. The evidentiary hearing on Plaintiff's Motion (DE 125) is hereby continued and scheduled to resume IN PERSON on December 17, 2021 at 10:00 a.m. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Bruce E. Reinhart on 11/19/2021. (hk02)
November 18, 2021	Filing 133 Reply in support of Motion to Enforce Settlement [DE 125] by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Transcripts Calendar Call Transcript, #2 Exhibit Email from J.Cuza 10-19-21, #3 Exhibit Email from M.Pike 10-20-21, #4 Exhibit Email from J.Cuza 10-20-21) (Rothschild, Philip) Modified on 12/15/2021 unsealed per de#139(dj). Modified on 12/15/2021 (dj).
November 16, 2021	Filing 132 NOTICE by Michael Cutler, Jonn A McClellan, Cheikh Robertson Notice to Clarify the Court Record (Scarola, John)
November 15, 2021	Filing 131 Defendants' Joint Response in Opposition to Plaintiffs' Motion to Enforce Settlement Agreement and for Sanctions by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Attachments: #1 Exhibit 1 (Transcript of Calendar Call on October 20, 2021), #2 Exhibit 2 (October 21, 2021 email from Defense counsel to Plaintiffs' counsel), #3 Exhibit 3 (First Draft of Settlement Agreement), #4 Exhibit 4 (Second Draft of Settlement Agreement - Defendants' Revisions and Proposal), #5 Exhibit 5 (Third Draft of Settlement Agreement - Plaintiffs' revisions and proposal), #6 Exhibit 6 (October 20, 2021 email from Plaintiffs' counsel to Defendants' counsel), #7 Exhibit 7 (October 22, 2021 email from Plaintiffs' counsel to counsel for Defendants), #8 Exhibit 8 (October 25, 2021 email from Defendants' counsel to Plaintiffs' counsel), #9 Exhibit 9 (Order on Plaintiff Roland Corporation's Sealed Motion to Enforce Settlement Agreement), #10 Exhibit 10 (Affidavit of Coastal Corporate Representative in Support of Defendants' Joint Response to Plaintiffs' Motion to Enforce Settlement and for Sanctions), #11 Exhibit 11 (Affidavit of Jonn McClellan in Support of Defendants' Joint Response in Opposition to Plaintiffs' Motion to Enforce Settlement and for Sanctions), #12 Exhibit 12 (Affidavit of Cheikh Robertson in Support of Defendants' Joint Response to Plaintiffs' Motion to Enforce Settlement and for Sanctions), #13 Exhibit 13 (Affidavit of Michael Cutler in support of Defendants' Joint Response to Plaintiffs' Motion to Enforce Settlement Agreement and for Sanctions)) (Boloy, Andrew) Modified on 12/15/2021 unsealed per de# 139(dj). Modified on 12/15/2021 (dj). Modified on 12/15/2021 (dj).
November 15, 2021	Filing 130 VACATED PAPERLESS ORDER granting #129 Defendants' Unopposed Motion to Seal their response to Plaintiff's motion to enforce the settlement agreement. Signed by Magistrate Judge Bruce E. Reinhart on 11/15/2021. (hk02) Modified on 12/15/2021 vacated per de#139(dj).
November 15, 2021	Filing 129 Unopposed MOTION to Seal Defendants' Joint Response in Opposition to Plaintiffs' Motion to Enforce Settlement Agreement and for Sanctions [D.E. 125] per Local Rule 5.4 by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Boloy, Andrew)
November 15, 2021	Filing 128 PAPERLESS ORDER granting in part and denying in part #127 Defendants' Motion to Continue the In Person Hearing on Plaintiff's Motion to Enforce the Settlement Agreement previously scheduled for 11/23/21 and RESETTING it for 11/19/2021 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 11/15/2021. (hk02)
November 12, 2021	Filing 127 Defendant's MOTION to Continue November 23, 2021 Hearing by Michael Cutler, Jonn A McClellan, Cheikh Robertson. Responses due by 11/29/2021 (Scarola, John)
November 10, 2021	Filing 126 PAPERLESS Order Granting (DE 125) Plaintiff's request to expedite briefing. Defendants' response to Plaintiff's Motion to Enforce the Settlement Agreement is due by 11/15/21. Plaintiff Kuppinger's reply is due on 11/18/21. An in-person hearing on the motion is hereby set for Tuesday 11/23/2021 at 11:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Bruce E. Reinhart on 11/10/2021. (hk02)
November 5, 2021	Filing 125 PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Calendar Call Transcript, #2 Exhibit Emails with Scarola, #3 Exhibit October 20 email from Pike, #4 Exhibit October 20 email from J. Cuza, #5 Exhibit Revised Settlement Agreement, #6 Exhibit October 20 email from Scarola) (Rothschild, Philip) Modified on 12/15/2021 unsealed per de#139(dj).
November 5, 2021	Filing 124 VACATED PAPERLESS ORDER granting #123 Plaintiffs' Unopposed Motion to Seal their Motion to Enforce the Settlement. Signed by Magistrate Judge Bruce E. Reinhart on 11/5/2021. (hk02) Modified on 12/15/2021 vacated per de #139 (dj).
November 5, 2021	Filing 123 Unopposed MOTION to Seal PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT per Local Rule 5.4 by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Calendar Call Transcript) (Rothschild, Philip)
November 2, 2021	Filing 122 TRANSCRIPT of Videoconference of Calendar Call Proceedings held on 10-20-21 before Judge Donald M. Middlebrooks, 1-9 pages, Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2021. Redacted Transcript Deadline set for 12/3/2021. Release of Transcript Restriction set for 1/31/2022. (Pastor-Hernandez, Gilda)
October 29, 2021	Filing 121 PAPERLESS ORDER granting #120 Plaintiffs' Motion for Extension of Time until 11/5/21 to file a stipulation of dismissal and replead Count VII. Signed by Magistrate Judge Bruce E. Reinhart on 10/29/2021. (hk02)
October 29, 2021	Filing 120 Plaintiff's MOTION for Extension of Time TO FILE STIPULATION OF DISMISSAL AND REPLEAD COUNT VII re 119 Order Setting/Cancelling Hearing, by Jordan Kuppinger, MD, Gerald Molloy, MD. Responses due by 11/12/2021 (Rothschild, Philip)
October 25, 2021	Filing 119 PAPERLESS Order setting a two-day Bench Trial to begin on 12/16/2021 at 9:30 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. By 11/1/21, counsel shall file a stipulation of dismissal on the resolved claims and Plaintiff shall replead Count VII as discussed during the settlement conference. All pending motions are hereby denied as moot. Signed by Magistrate Judge Bruce E. Reinhart on 10/25/2021. (hk02)
October 25, 2021	Active Hearings Before Prior Presider Deadline(s)/Hearing(s) terminated. (ch1)
October 21, 2021	Filing 118 ORDER OF REFERENCE. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Trial. Judge Donald M. Middlebrooks no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald M. Middlebrooks on 10/21/2021. See attached document for full details. (amb)
October 21, 2021	Filing 117 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Michael Cutler, Jonn A McClellan, Cheikh Robertson (Scarola, John)
October 20, 2021	Filing 116 PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. The Parties informed the Court during the calendar call that they have reached a tentative settlement, and the Court congratulates the Parties on their amicable resolution of this matter. As discussed, the Parties shall ensure that a stipulation of dismissal is filed no later than 12 p.m. tomorrow, October 21, 2021. Alternatively, the Parties may consent to the jurisdiction of the Magistrate Judge by that deadline. Signed by Judge Donald M. Middlebrooks on 10/20/2021. (kal)
October 20, 2021	Filing 115 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Calendar Call held on 10/20/2021. All parties appeared by videoconferencing. Attorney Appearance(s): Jesus E. Cuza, Monica Vila Castro, Philip E. Rothschild, Michael James Pike, John Scarola and Andrew Joseph Boloy. Counsel advised the Court that they have reached a tentative settlement. The parties shall file by Noon tomorrow, Thursday, October 21, 2021, all material terms of the settlement. Total time in court: 10 minutes. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (gm1)
October 19, 2021	Filing 114 Plaintiff's REPLY to Response to Motion re #99 Plaintiff's EXPEDITED MOTION To Compel Production of Documents and for Sanctions filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Plaintiffs' First RFP to JM JZ Enterprises Inc, #2 Exhibit Excel Sheet Excerpts Part 1, #3 Exhibit Excel Sheet Excerpts Part 2)(Cuza, Jesus)
October 19, 2021	Filing 113 RESPONSE to Motion re #97 Joint MOTION to Strike #96 Pretrial Stipulation Joint otion to Strike Michael Pike, Esq. from Plaintiffs Trial Witness ListJoint MOTION for Sanctions filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 10/26/2021. (Rothschild, Philip)
October 19, 2021	Filing 112 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 10/19/2021. Tentative settlement reached. Total time in court: 6 hours. (Digital BER_1_10.19.2021)(hk02) Modified on 11/5/2021 - add docket text re: Digital recording information. (jmd)
October 19, 2021	Filing 111 ORDER denying #65 Joint Motion in Limine. Signed by Judge Donald M. Middlebrooks on 10/19/2021. See attached document for full details. (kal)
October 18, 2021	Filing 110 Proposed Findings of Fact and Proposed Conclusions of Law as to Count VII by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Pike, Michael)
October 18, 2021	Filing 109 ORDER denying #56 Defendants' Motion for Partial Summary Judgment as to Counts I, II, and VI; denying #73 Defendants' Amended Motion for Partial Summary Judgment as to Count VII; denying #59 Plaintiffs' Partial Motion for Summary Judgment; Signed by Judge Donald M. Middlebrooks on 10/18/2021. See attached document for full details. (gm1)
October 18, 2021	Filing 108 RESPONSE in Opposition re #99 Plaintiff's EXPEDITED MOTION To Compel Production of Documents and for Sanctions filed by JM.JZ Enterprises, INC.. Replies due by 10/25/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Boloy, Andrew)
October 18, 2021	Filing 107 Joint EXPEDITED MOTION FOR TWO DAY ENLARGEMENT OF TIME TO FILE PROPOSED JURY INSTRUCTIONS by Jordan Kuppinger, MD, Gerald Molloy, MD. (Cuza, Jesus)
October 18, 2021	Filing 106 PAPERLESS Order setting a telephonic Settlement Conference for 10/19/2021 at 11:00 AM before Magistrate Judge Bruce E. Reinhart. Counsel and their clients shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 10/18/2021. (hk02)
October 15, 2021	Filing 105 Supplemental EXPEDITED MOTION To Compel Production of Documents and for Sanctions re #99 Plaintiff's EXPEDITED MOTION To Compel Production of Documents and for Sanctions by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit DE99-1, #2 Exhibit DE99-2, #3 Exhibit Emails between Coastal and MoveDocs, #4 Exhibit Cara Valenti Deposition Transcript dated October 12, 2021, #5 Exhibit Subpoena Duces Tecum to Cara Valenti dated August 9, 2021, #6 Exhibit Curriculum Vitae of Jordan Rae Kelly)(Cuza, Jesus)
October 15, 2021	Filing 104 ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Settlement Conference on OCTOBER 19, 2021 at a time to be set by Magistrate Judge Reinhart. Participation in the settlement conference is mandatory. Signed by Judge Donald M. Middlebrooks on 10/15/2021. See attached document for full details. (gm1)
October 14, 2021	Filing 103 Clerks Notice to Filer re #102 Reply to Response to Motion,. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ebz)
October 14, 2021	Filing 102 Joint REPLY to TO PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' JOINT REQUEST TO ENTER BILLS OF COSTS re #98 RESPONSE in Opposition re #85 Joint MOTION for Bill of Costs filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Pike, Michael) Modified document link on 10/15/2021 (ebz).
October 13, 2021	Filing 101 Joint MOTION for Attorney Fees Entitlement to Attorneys' Fees and Costs Regarding Counts III, IV, V by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 10/27/2021 (Attachments: #1 Exhibit A)(Pike, Michael)
October 12, 2021	Filing 100 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #99 Plaintiffs' Motion to Compel Production of Documents, for Sanctions, and for an Expedited Briefing Schedule. The certificate of conferral indicates that Plaintiffs' Motion is opposed. (DE #99 at 7). In light of the impending trial period beginning October 25, 2021, this matter requires expedited briefing. Therefore, on or before October 18, 2021, Defendants shall file a Response fully setting forth their position on the arguments contained within Plaintiffs' Motion (DE #99 ). If Plaintiffs wish to file a Reply, they may do so on or before October 19, 2021; however, Plaintiffs are advised that this Court will consider the Motion ripe upon the filing of Defendants' Response and will reserve the right to rule on the Motion without need of a Reply. Signed by Judge Donald M. Middlebrooks on 10/12/2021. (kal)
October 11, 2021	Filing 99 Plaintiff's EXPEDITED MOTION To Compel Production of Documents and for Sanctions by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit AIPro Messages, #2 Exhibit Plaintiffs' First RFP to JM JZ Enterprises Inc dated April 7, 2021)(Cuza, Jesus)
October 7, 2021	Filing 98 RESPONSE in Opposition re #85 Joint MOTION for Bill of Costs filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 10/14/2021. (Cuza, Jesus)
October 6, 2021	Filing 97 Joint MOTION to Strike #96 Pretrial Stipulation Joint otion to Strike Michael Pike, Esq. from Plaintiffs Trial Witness List ( Responses due by 10/20/2021), Joint MOTION for Sanctions by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Boloy, Andrew)
October 4, 2021	Filing 96 PRETRIAL STIPULATION JOINT PRETRIAL STIPULATION by Jordan Kuppinger, MD, Gerald Molloy, MD (Cuza, Jesus)
October 1, 2021	Filing 95 Plaintiff's REPLY to Response to Motion re #59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiffs' Reply in Support of Motion for Partial Summary Judgment filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhibit A - McClellan's Verified Answers to First Set of Interrogatories dated August 2, 2021, #2 Exhibit Exhibit B - Excerpts of JM JZ Enterprises Inc.'s Corporate Representative Deposition)(Cuza, Jesus)
October 1, 2021	Filing 94 RESPONSE in Support re #91 Statement of: PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF JM.JZS MOTION FOR SUMMARYJUDGMENT AS TO COUNTS I, II, AND VI by Jordan Kuppinger, MD, Gerald Molloy, MD re #55 Statement, filed by JM.JZ Enterprises, INC.. (Pike, Michael) Modified document link on 10/4/2021 (ebz).
October 1, 2021	Filing 93 REPLY to #90 RESPONSE in Opposition re #56 MOTION for Summary Judgment PLAINTIFFS OPPOSITION TO DEFENDANT JM.JZ ENTERPRISES INC.S MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I, II, AND VI filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Pike, Michael) Modified document link on 10/4/2021 (ebz).
September 28, 2021	Filing 92 REPLY to Response to Motion re #73 Amended MOTION for Summary Judgment as to Count 7Amended MOTION for Partial Summary Judgment as to Count 7 Declaratory Judgment and Incorporated Memorandum filed by Michael Cutler, Jonn A McClellan. (Scarola, John)
September 24, 2021	Filing 91 Statement of: PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF JM.JZS MOTION FOR SUMMARYJUDGMENT AS TO COUNTS I, II, AND VI by Jordan Kuppinger, MD, Gerald Molloy, MD re #55 Statement,, (Attachments: #1 Exhibit Exhibit A - McClellan text, #2 Exhibit Exhibit B - Dr. Molloy Declaration, #3 Exhibit Exhibit C - Dr. Kuppinger Declaration, #4 Exhibit Exhibit D - AI Pro leads, #5 Exhibit Exhibit E - Bulk Irrevocable Assignment for Collection, #6 Exhibit Exhibit F - Agreement for Assignment of Account(s) Receivable, #7 Exhibit Exhibit G - Excerpts of Dr. Kuppinger Deposition, #8 Exhibit Composite Exhibit H - Feb. 20 and 22, 2021 Notices of Special Board Meetings, #9 Exhibit Exhibit I - September 30 email from Movedocs to McClellan, #10 Exhibit Exhibit J - AIPro Agreement, #11 Exhibit Exhibit K - Excerpt of J. McClellan Deposition, #12 Exhibit Exhibit L - Movedocs emails, #13 Exhibit Exhibit M - Cara Valenti Email, #14 Exhibit Exhibit N - Excerpts of Celeen Robertson Deposition, #15 Exhibit Exhibit O - Scarola email re Equipment, #16 Exhibit Exhibit P - Excerpt of Dr. Kuppinger Deposition)(Cuza, Jesus)
September 24, 2021	Filing 90 RESPONSE in Opposition re #56 MOTION for Summary Judgment PLAINTIFFS OPPOSITION TO DEFENDANT JM.JZ ENTERPRISES INC.S MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I, II, AND VI filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 10/1/2021. (Attachments: #1 Exhibit DE001-3 - Amended Complaint)(Cuza, Jesus)
September 24, 2021	Filing 89 PAPERLESS ORDER granting #86 Joint Expedited Motion for Seven Day Enlargement of Time. The Parties' deadline to file a Joint Pretrial Stipulation and Deposition Designations is September 27, 2021. (DE #5 ). The Parties seek a one-week extension, citing other deadlines in this case, the need to review a deposition transcript that is still not available, and ongoing discussions about attending a settlement conference once the summary judgment motions have been fully briefed. (DE #86 at 2-3). While I am not persuaded by the Parties' arguments about the press of other deadlines in this case or the hypothetical possibility of a future settlement conference, I will grant the Motion because the relief is jointly requested and the extension brief. Accordingly, the Parties must file their Joint Pretrial Stipulation and Deposition Designations no later than October 4, 2021. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 9/24/2021. (kal)
September 24, 2021	Filing 88 Statement of: Genuine Disputes of Material Fact by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson re #87 Response in Opposition to Motion, (Attachments: #1 Exhibit 1)(Pike, Michael)
September 24, 2021	Filing 87 RESPONSE in Opposition re #59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Replies due by 10/1/2021. (Attachments: #1 Exhibit 1)(Pike, Michael)
September 23, 2021	Filing 86 Joint EXPEDITED MOTION JOINT EXPEDITED MOTION FOR SEVEN DAY ENLARGEMENT OF TIME TO FILE JOINT PRETRIAL STIPULATION AND DEPOSITION re #5 Scheduling Order,,, Order Referring Case to Mediation,, by Jordan Kuppinger, MD, Gerald Molloy, MD. (Cuza, Jesus)
September 23, 2021	Filing 85 Joint MOTION for Bill of Costs by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 10/7/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pike, Michael)
September 23, 2021	Filing 84 REPLY to Response to Motion re #79 RESPONSE in Opposition re #65 Joint MOTION in Limine filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Boloy, Andrew) Modified document link on 9/23/2021 (ebz).
September 21, 2021	Filing 83 Statement of: Plaintiffs' Response to Defendants' Statement of Material Facts in Support of Motion for Partial Summary Judgment as to Count 7 by Jordan Kuppinger, MD, Gerald Molloy, MD re #54 Statement, (Attachments: #1 Exhibit Declaration of Dr. Molloy, #2 Exhibit Declaration of Dr. Kuppinger, #3 Exhibit CHG Holding Company Contribution Agreement, #4 Exhibit DE22-4 - Check from CHG Holding Company to Dr. Molloy)(Cuza, Jesus)
September 21, 2021	Filing 82 RESPONSE in Opposition re #73 Amended MOTION for Summary Judgment as to Count 7Amended MOTION for Partial Summary Judgment as to Count 7 Declaratory Judgment and Incorporated Memorandum filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 9/28/2021. (Cuza, Jesus)
September 21, 2021	Filing 81 PAPERLESS ORDER granting #80 Defendants' Joint Expedited and Unopposed Motion for Leave to Increase Page Limit. Defendants' response to Plaintiffs' Motion for Partial Summary Judgment is due on September 24, 2021. (DE 77 ). Defendants seek leave to exceed the 20-page limit for that response by one page. Because the Motion is unopposed and the enlargement is for just one page, I find good cause to grant the Motion. Defendants may file a Joint Response in Opposition to Plaintiffs' Partial Motion for Summary Judgment not to exceed 21 pages. Signed by Judge Donald M. Middlebrooks on 9/21/2021. (kal)
September 20, 2021	Filing 80 Unopposed MOTION for Leave to File Excess Pages by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Pike, Michael)
September 16, 2021	Filing 79 RESPONSE in Opposition re #65 Joint MOTION in Limine filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 9/23/2021. (Cuza, Jesus)
September 13, 2021	Filing 78 ORDER. Defendants' First Motion for Summary Judgment as to Count 7 DE#52 is DENIED as moot. Plaintiffs' Response to the Amended Motion for Summary Judgment DE#73 shall be filed by September 21, 2021. Responses due by 9/21/2021 Signed by Judge Donald M. Middlebrooks on 9/13/2021. See attached document for full details. (ebz)
September 10, 2021	Filing 77 PAPERLESS ORDER granting #76 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs' Responses to Defendants' Motions for Partial Summary Judgment are due on September 10, 2021 ([DE 52]) and September 13, 2021. (DE #56 ). Plaintiffs request an extension until September 21, 2021 to respond to Defendants' Motion for Partial Summary Judgment as to Count 7 (DE #52 ) and until September 24, 2021 to respond to Defendants' Motion for Partial Summary Judgment as to Counts I, II, and VI (DE #56 ), citing the perceived complexity of the case, other pending deadlines, and the extension granted for Defendants. Because it is unopposed, I will grant Plaintiffs' Motion. (DE #76 ). No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 9/10/2021. (kal)
September 9, 2021	Filing 76 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #56 MOTION for Summary Judgment , #52 Defendant's MOTION for Partial Summary Judgment as to Count 7 PLAINTIFFS UNOPPOSED EXPEDITED MOTION FOR ELEVEN DAY ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT [ECF Nos. 52 and 56] by Jordan Kuppinger, MD, Gerald Molloy, MD. (Cuza, Jesus)
September 9, 2021	Filing 74 PAPERLESS ORDER granting in part #70 Defendants' Motion for Extension of Time. Defendants' response to Plaintiffs' Motion for Partial Summary Judgment (DE #59 ) is due on September 13, 2021. Defendants request a 20-day extension, citing "the time constraints to meet certain deadlines in this action, the time and effort required to adequately address and respond to pleadings and motions, and the scheduling conflicts of counsel for Defendants." (DE #70 ). Good cause having been shown but mindful of the upcoming trial date, I will grant relief in part. Accordingly, Defendants shall respond to Plaintiffs' Motion for Partial Summary Judgment (DE #59 ) on or before September 24, 2021. Signed by Judge Donald M. Middlebrooks on 9/9/2021. (kal)
September 8, 2021	Filing 73 Amended MOTION for Summary Judgment as to Count 7, Amended MOTION for Partial Summary Judgment as to Count 7 Declaratory Judgment and Incorporated Memorandum by Michael Cutler, Jonn A McClellan, Cheikh Robertson. Responses due by 9/22/2021 (Scarola, John)
September 7, 2021	Filing 72 RESPONSE to Motion re #70 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 9/14/2021. (Cuza, Jesus)
September 7, 2021	Filing 71 ANSWER and Affirmative Defenses to Amended Complaint by JM.JZ Enterprises, INC.. (Pike, Michael)
September 6, 2021	Filing 70 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Pike, Michael)
September 6, 2021	Filing 69 NOTICE OF WITHDRAWAL OF MOTION by JM.JZ Enterprises, INC. re #60 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint [D.E. 22] filed by JM.JZ Enterprises, INC. (Pike, Michael)
September 6, 2021	Filing 68 RESPONSE to Motion re #60 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint [D.E. 22] filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 9/13/2021. (Cuza, Jesus)
September 3, 2021	Filing 75 Clerks Notice to Filer re #66 Notice (Other),. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ebz)
September 3, 2021	Filing 67 Defendants ANSWER and Affirmative Defenses to Amended Complaint [DE 22] by Michael Cutler, Jonn A McClellan, Cheikh Robertson. (Scarola, John)
September 3, 2021	Filing 66 DEFENDANT'S RENEWED REQUEST T0 TAKE JUDICIAL NOTICE AND INCORPORATED MEMORANDUM OF LAW by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson Defendants' Renewed Request to Take Judicial Notice and Incorporated Memorandum of Law (Attachments: #1 Text of Proposed Order) (Scarola, John) Modified to convert document to a motion on 9/9/2021 (ebz).
September 2, 2021	Filing 65 Joint MOTION in Limine by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Attachments: #1 Exhibit A)(Pike, Michael)
September 1, 2021	Filing 64 PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Defendant JMJZ Enterprises Inc. has filed a Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint (DE #60 ), in which the remaining Defendants join (DE #62 ). The certificate of conferral reflects that the requested relief is opposed. In light of the procedural posture of this case, expedited briefing on Defendants' Motion is required. Accordingly, Plaintiffs shall respond the Motion for Extension of Time on or by September 6, 2021, and therein, Plaintiff shall fully explain the basis for its opposition. If Defendants wish to file a Reply, they may do so by September 7, 2021. However the Parties are advised that I will consider the Motion ripe upon the filing of the Response, and may choose to rule upon the Motion without need of a reply. Signed by Judge Donald M. Middlebrooks on 9/1/2021. (kal)
September 1, 2021	Filing 63 Clerks Notice to Filer re #62 Defendant's EXPEDITED MOTION Extension of Time to Respond to Plaintiffs Amended Complaint Joinder in Defendant JM.JZ Enterprises, Inc.'s Expedited Motion. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ebz)
September 1, 2021	Filing 62 Defendant's EXPEDITED MOTION Extension of Time to Respond to Plaintiffs Amended Complaint DE#22 First AMENDED COMPLAINT against Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson, filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Joinder in Defendant JM.JZ Enterprises, Inc.'s Expedited Motion by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Scarola, John) Modified to add document link on 9/1/2021 (ebz).
September 1, 2021	Filing 61 PAPERLESS ORDER denying without prejudice #57 Motion in Limine. The Defendants' motion does not comply with Southern District of Florida Local Rule 7.1(a)(3), which requires that prior to filing a motion, the party making the motion must confer with all parties in a good faith effort to resolve the issues raised. Conferral under Local Rule 7.1 must include a substantive give-and-take exchange with opposing counsel. Defendants must be mindful of the fact that if a motion is not opposed in its entirety, the certificate of conferral must identify the specific issues requiring judicial resolution. Defendants may only re-file this motion after making a meaningful effort to confer with opposing counsel, and any renewed motion must strictly comply with Local Rules. Signed by Judge Donald M. Middlebrooks on 9/1/2021. (kal)
August 31, 2021	Filing 60 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint [D.E. 22] by JM.JZ Enterprises, INC.. (Pike, Michael)
August 30, 2021	Filing 59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT by Jordan Kuppinger, MD, Gerald Molloy, MD. Responses due by 9/13/2021 (Cuza, Jesus)
August 30, 2021	Filing 58 Statement of: OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT by Jordan Kuppinger, MD, Gerald Molloy, MD (Attachments: #1 Exhibit Coastal Entity information, #2 Exhibit Affidavit of Jordan Kuppinger, #3 Exhibit Amended Shareholder Agreement, #4 Exhibit Dr. Kuppinger DOH Profile, #5 Exhibit February 28 Meeting Minutes (Shareholder), #6 Exhibit Feb. 18 2021 Letter to Mr. Pike, #7 Exhibit February 28 Meeting Minutes, #8 Exhibit Affidavit of Gerald Molloy, #9 Exhibit Molloy DOH Profile, #10 Exhibit March 22 Meeting Minutes, #11 Exhibit Molloy Resignation Letter, #12 Exhibit McClellan Coastal Profile and DOH Profile, #13 Exhibit Excerpts of M. Cutler's Deposition, #14 Exhibit Cheikh Resignation, #15 Exhibit Robertson rescind, #16 Exhibit February 22 Notice, #17 Exhibit Excerpts of McClellan's Deposition, #18 Exhibit March 17 Notice, #19 Exhibit Subsequent Meeting Notices, #20 Exhibit April 16 Meeting Minutes, #21 Exhibit February 20 Notice, #22 Exhibit Feb. 27 2021 Letter to Shareholders, #23 Exhibit Feb. 27 2021 Letter to Pike, #24 Exhibit Coastal Return of Service, #25 Exhibit Exchange of correspondences between counsel, #26 Exhibit McClellan text re 70k loan, #27 Exhibit McClellan Answers to First Set of Interrogatories, #28 Exhibit Excerpts of Corp. Rep.'s Deposition, #29 Exhibit Seventy Thousand Dollar Payment, #30 Exhibit Scarola Agreement and Payments to Searcy, #31 Exhibit Excerpts of Robertson's Deposition)(Cuza, Jesus)
August 30, 2021	Filing 57 Joint MOTION in Limine by JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Attachments: #1 Exhibit A)(Pike, Michael)
August 30, 2021	Filing 56 MOTION for Summary Judgment by JM.JZ Enterprises, INC.. Responses due by 9/13/2021 (Pike, Michael)
August 30, 2021	Filing 55 Statement of: Undisputed Material Facts in Support of Defendant JM.JZ Enterprises, Inc.'s Motion for Summary Judgment as to Counts I, II, and VI by JM.JZ Enterprises, INC. (Attachments: #1 Exhibit 1 - Deposition Transcript of Jordan Kuppinger, #2 Exhibit 2 - Deposition Transcript of Gerald Molloy, #3 Exhibit 3 - Affidavit of JMJZ Enterprises, Inc.'s Corporate Representative, #4 Exhibit 4 - Affidavit of Jonn McClellan, #5 Exhibit 5 - Affidavit of Cara Valenti, #6 Exhibit 6 - Affidavit of Glenda Monkarsh)(Pike, Michael)
August 30, 2021	Filing 54 Statement of: Refiling Defendants' Statement of Material Facts in Support of Motion for Partial Summary Judgment as to Count 7 as a separate document by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson re #52 Defendant's MOTION for Partial Summary Judgment as to Count 7 (Scarola, John)
August 27, 2021	Filing 53 PAPERLESS ORDER denying without prejudice #51 Defendant JM.JZ Enterprises, Inc.'s Motion for Judicial Notice. The certificate of conferral states that "[o]pposing counsel has not responded to a request seeking the Plaintiffs' position on this motion." (DE #51 at 2). Defendant JM.JZ Enterprises, Inc.'s Motion is deficient for failure to confer as required by Local Rule 7.1(a)(3), which imposes a duty on both the moving party and opposing counsel to "act in good faith in attempting to resolve the dispute." S.D. Fla. L.R. 7.1(a)(3). Based upon the language in the certificate of conferral, it appears that counsel did not meaningfully attempt to comply with Local Rule 7.1(a)(3). Therefore, the Motion is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 8/27/2021. (apo)
August 27, 2021	Filing 52 Defendant's MOTION for Partial Summary Judgment as to Count 7 by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 9/10/2021 (Attachments: #1 Appendix Statement of Material Facts, #2 Affidavit Affidavit of McClellan, #3 Affidavit Affidavit of Comiter, #4 Affidavit Affidavit of Cutler)(Scarola, John)
August 26, 2021	Filing 51 MEMORANDUM of Law Defendant's Request to Take Judicial Notice and Incorporated Memorandum of Law by JM.JZ Enterprises, INC.. (Attachments: #1 Text of Proposed Order)(Scarola, John)
August 26, 2021	Filing 50 NOTICE of Attorney Appearance by John Scarola on behalf of JM.JZ Enterprises, INC.. Attorney John Scarola added to party JM.JZ Enterprises, INC. (pty:dft). (Scarola, John)
August 24, 2021	Filing 49 ORDER ON MOTIONS TO DISMISS AND STRIKE. JM.JZ's Motion to Dismiss and Strike DE#24 is GRANTED IN PART AND DENIED IN PART. The Motion is granted to the extent that it seeks dismissal of Count V of the Amended Complaint. The remainder of the Motion is denied. The Individual Defendants' Motion to Dismiss and Strike DE#25 is GRANTED. Counts III, IV, and V of the Amended Complaint DE#22 are DISMISSED WITH PREJUDICE. Signed by Judge Donald M. Middlebrooks on 8/24/2021. See attached document for full details. (ebz)
August 3, 2021	Filing 48 PAPERLESS ORDER denying without prejudice #45 Defendant JM.JZ Enterprises, Inc.'s "Unopposed" Motion for Order to Show Cause Why Otto Fisher Should Not Be Held in Contempt and to Compel the Deposition of Otto Fisher. Defendant JM.JZ Enterprises, Inc.'s Motion fails to comply with Local Rule 7.1(a)(3), which requires counsel for the moving party to certify in the Motion that it has "confer[red] (orally or in writing), or ma[de] reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion." S.D. Fla. L.R. 7.1(a)(3). Although Defendant JM.JZ Enterprises, Inc., characterizes the Motion as unopposed, the certificate of conferral only indicates that its counsel conferred with counsel for the Parties to this litigation, not with the non-party who is the subject of the Motion. Accordingly, the Motion (DE #45 ) is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 8/3/2021. (apo)
August 3, 2021	Filing 47 ORDER denying #42 Plaintiffs' Motion to Compel Scheduling of Remaining Depositions and for Protective Order Regarding Defendants' Attempt to Have Second Day of Depositions for Each Plaintiff. Signed by Judge Donald M. Middlebrooks on 8/3/2021. See attached document for full details. (kal)
August 3, 2021	Filing 46 REPLY to Response to Motion re #45 Unopposed MOTION for Order to Show Cause Why Otto Fisher Should Not Be Held In ContemptUnopposed MOTION to Compel Deposition of Otto Fisher Joinder in Motion for Order to Show Cause Why Otto Fisher Should Not Be Held in Contempt and to Compel the Deposition of Otto Fisher filed by Michael Cutler, Jonn A McClellan, Cheikh Robertson. (Scarola, John)
August 2, 2021	Filing 45 Unopposed MOTION for Order to Show Cause Why Otto Fisher Should Not Be Held In Contempt, Unopposed MOTION to Compel Deposition of Otto Fisher ( Responses due by 8/16/2021) by JM.JZ Enterprises, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Boloy, Andrew)
July 30, 2021	Filing 44 RESPONSE in Opposition re #42 Plaintiff's EXPEDITED MOTION Compel dates for deposition and Protective Order Regarding Continuation of Plaintiffs' Depositions filed by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Attorney Michael James Pike added to party Michael Cutler(pty:dft), Attorney Michael James Pike added to party Jonn A McClellan(pty:dft), Attorney Michael James Pike added to party Cheikh Robertson(pty:dft). Replies due by 8/6/2021. (Pike, Michael)
July 28, 2021	Filing 43 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #42 Plaintiffs' Motion to Compel and for Protective Order. Because discovery is set to close on August 9, 2021, this matter requires expedited briefing. Therefore, as soon as practicable, but no later than 5 p.m. on July 30, 2021, Defendants shall file a response fully setting forth their position on the arguments contained within Plaintiffs' Motion and explaining the basis for any opposition to the relief requested. Plaintiffs are advised that I will consider the Motion ripe upon the filing of Defendants' response and reserve the right to rule on the Motion without need of a reply. I also note that, based upon their representations in recent filings, it appears that the Parties' recent requests for court intervention are a result of their lack of diligence in conducting discovery. The Parties are encouraged to cooperatively resolve the issues raised in this Motion, as I am not inclined to accommodate either side if they have failed to cooperate or diligently seek depositions. Signed by Judge Donald M. Middlebrooks on 7/28/2021. (kal)
July 27, 2021	Filing 42 Plaintiff's EXPEDITED MOTION Compel dates for deposition and Protective Order Regarding Continuation of Plaintiffs' Depositions by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Cuza, Jesus)
July 20, 2021	Filing 41 PAPERLESS ORDER denying without prejudice #40 Defendant JM.JZ Enterprises, Inc.'s Renewed Motion to Extend Deadlines. Discovery is set to close on August 9, 2021. (DE #5 at 5). Defendant JM.JZ Enterprises, Inc., seeks a 21-day extension of the discovery deadline and of several other pretrial deadlines, citing that it "has acted diligently in coordinating with the Parties and scheduling multiple depositions," all of which fall within the last few weeks of the discovery period, and one witness's apparent unavailability during the discovery period. (DE #40 at 2-4). Defendant JM.JZ Enterprises, Inc., represents that Plaintiffs oppose the Renewed Motion, except that Plaintiffs are amenable to scheduling one deposition beyond the discovery period if the witness is in fact unavailable during the discovery period. (See id. at 7). 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). As I noted in denying its prior request to modify the Pretrial Scheduling Order, Defendant JM.JZ Enterprises, Inc., fails to justify why, despite their diligence, the Parties have been unable to schedule the listed depositions within the nearly five months between the entry of the Pretrial Scheduling Order and the close of discovery. Moreover, based upon the dates of the scheduled depositions, I reiterate that the perceived need for an extension appears to be a result of a lack of diligence in conducting discovery. Therefore, the Renewed Motion is denied without prejudice. Nevertheless, I will permit the Parties to schedule a deposition, without further court intervention, of the unavailable witness beyond the discovery period, so long as they are in agreement and so long as no other pretrial deadlines are impacted. Signed by Judge Donald M. Middlebrooks on 7/20/2021. (kal)
July 16, 2021	Filing 40 MOTION for Extension of Time To Extend Court Ordered Deadlines by JM.JZ Enterprises, INC.. Responses due by 7/30/2021 (Boloy, Andrew)
July 14, 2021	Filing 39 PAPERLESS ORDER denying without prejudice #37 Defendant JM.JZ Enterprises, Inc.'s Motion to Extend Deadlines. According to the Pretrial Scheduling Order, the deadline to exchange trial witness lists was July 12, 2021, and discovery is set to close on August 9, 2021. (DE #5 at 5). Defendant JM.JZ Enterprises, Inc., seeks a 21-day extension of those deadlines and of several other pretrial deadlines, citing that "[a]lthough the parties have acted diligently, the depositions of key witnesses remain to be scheduled and cannot be scheduled within the discovery period due to conflicting calendars of counsel for the parties." (DE #37 at 1-2). Plaintiffs oppose the Motion in part, representing "that the remaining depositions can comfortably be completed within the discovery deadline." (DE #38 at 3). 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). Defendant JM.JZ Enterprises, Inc., fails to set forth a clear basis for extending the deadline to exchange trial witness lists. It also fails to justify why, despite their diligence, the Parties have been unable to schedule the depositions within the nearly five months between the entry of the Pretrial Scheduling Order and the close of discovery. Rather, based upon the representations in Plaintiffs' Response, the perceived need for an extension appears to be a result of Defendant JM.JZ Enterprises, Inc.'s lack of diligence in conducting discovery. As such, the Motion is denied without prejudice. Further, I do not find good cause at this time to compel Defendants to provide proposed dates within the discovery period to complete the depositions, as requested in Plaintiffs' Response. (See DE #38 ). The Parties should instead work cooperatively to attempt to comply with the pretrial deadlines set by the Court. Signed by Judge Donald M. Middlebrooks on 7/14/2021. (apo)
July 12, 2021	Filing 38 RESPONSE in Opposition re #37 MOTION for Extension of Time To Extend Court Ordered Deadlines filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 7/19/2021. (Cuza, Jesus)
July 9, 2021	Filing 37 MOTION for Extension of Time To Extend Court Ordered Deadlines by JM.JZ Enterprises, INC.. Attorney Andrew Joseph Boloy added to party JM.JZ Enterprises, INC. (pty:dft). Responses due by 7/23/2021 (Boloy, Andrew)
June 8, 2021	Filing 36 STATUS REPORT REGARDING MEDIATION by Jordan Kuppinger, MD, Gerald Molloy, MD (Cuza, Jesus)
June 1, 2021	Filing 35 REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO DISMISS re #31 RESPONSE to Motion re #24 Defendant's MOTION TO DISMISS 22 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM filed by Jordan Kuppinger, MD, Gerald Molloy, MD. filed by JM.JZ Enterprises, INC.. (Pike, Michael) Modified document link on 6/2/2021 (ebz).
May 26, 2021	Filing 34 ORDER. Rule 41 does not authorize the dismissal sought by Kuppinger. If Plaintiffs deem it appropriate, they may seek leave to amend the Amended Complaint in order to omit Count III. Signed by Judge Donald M. Middlebrooks on 5/26/2021. See attached document for full details. (ebz)
May 25, 2021	Filing 33 STATUS REPORT REGARDING MEDIATION by Jordan Kuppinger, MD, Gerald Molloy, MD (Cuza, Jesus)
May 25, 2021	Filing 32 NOTICE OF VOLUNTARY DISMISSAL AND WITHDRAWAL of Claim re #22 Amended Complaint/Amended Notice of Removal,, FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS by Jordan Kuppinger, MD. (Cuza, Jesus)
May 24, 2021	Filing 31 RESPONSE to Motion re #24 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 6/1/2021. (Cuza, Jesus)
May 21, 2021	Filing 30 Case Reassignment of Paired Magistrate Judge to Magistrate Judge William Matthewman. Magistrate Judge Dave Lee Brannon no longer assigned to case. (bms)
May 13, 2021	Filing 29 PAPERLESS ORDER granting #28 Plaintiffs' Unopposed Motion for Extension of Time. The deadline for Plaintiffs to respond to Defendant JM.JZ Enterprises, Inc.'s Motion to Dismiss and Strike is May 17, 2021. (DE #24 ). Plaintiffs seek an extension until May 24, 2021, citing that "counsel has a variety of other pending hearings and deadlines" and "needs additional time to respond to the Motion." (DE #28 at 1). Although the basis for the extension is vague, I will grant the Motion and extend the deadline for Plaintiffs to respond to Defendant JM.JZ Enterprises, Inc.'s Motion to Dismiss and Strike (DE #24 ) to May 24, 2021. No other litigation deadlines are modified or amended as a result of this Order. Future requests for extensions must be supported by specific facts establishing good cause. Signed by Judge Donald M. Middlebrooks on 5/13/2021. (apo)
May 12, 2021	Filing 28 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #24 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Text of Proposed Order)(Rothschild, Philip)
May 10, 2021	Filing 27 STATUS REPORT ON MEDIATION by Jordan Kuppinger, MD, Gerald Molloy, MD (Cuza, Jesus)
May 7, 2021	Reset Deadlines Per DE#26. Mediation Report Deadline 5/10/2021. (cqs)
May 6, 2021	Filing 26 PAPERLESS ORDER REGARDING STATUS OF MEDIATION EFFORTS. The record reflects that a mediation conference was scheduled for April 27, 2021. (DE #15 ). Pursuant to Local Rule 16.2(f)(1), a mediation report must be filed within seven days following the mediation conference, which was on or before May 4, 2021. To date, no mediation report has been filed. Therefore, the Parties are directed to ensure that a mediation report is filed by May 10, 2021. Signed by Judge Donald M. Middlebrooks on 5/6/2021. (kal)
May 6, 2021	Filing 25 STRICKEN MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal,, Joinder in and Supplement to Motion to Dismiss and Strike of Defendant JM JZ Enterprises, Inc. and Incorporated Memorandum by Michael Cutler, Jonn A McClellan, Cheikh Robertson. Responses due by 5/20/2021 (Scarola, John) Modified Per DE#49 ORDER ON MOTIONS TO DISMISS AND STRIKE on 8/24/2021 (ebz).
May 3, 2021	Filing 24 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by JM.JZ Enterprises, INC.. Responses due by 5/17/2021 (Pike, Michael)
April 20, 2021	Filing 23 PAPERLESS ORDER denying as moot #16 Defendant JM.JZ Enterprises, Inc.'s Motion to Dismiss. In light of Plaintiffs' First Amended Complaint (DE #22 ), Defendant JM.JZ Enterprises, Inc.'s Motion to Dismiss (DE #16 ) is denied as moot. Signed by Judge Donald M. Middlebrooks on 4/20/2021. (apo)
April 19, 2021	Filing 22 First AMENDED COMPLAINT against Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson, filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Shareholder Agreement, #2 Exhibit Contribution Agreement, #3 Exhibit Resignation letter, #4 Exhibit February 18, 2021 letter, #5 Exhibit Notice of shareholder and director meeting for February 25, #6 Exhibit February 27 letter to shareholders, #7 Exhibit February 27 letter to counsel)(Cuza, Jesus)
April 15, 2021	Filing 21 NOTICE of Serving Rule 26 Initial Disclosures by JM.JZ Enterprises, INC. (Pike, Michael)
April 15, 2021	Filing 20 PAPERLESS ORDER striking #19 Notice of Consent to Exercise of Jurisdiction by a U.S. Magistrate Judge, filed by Defendants Michael Cutler, Cheikh Robertson, and Jonn A. McClellan. The Notice represents that the Parties consent to the Magistrate Judge's jurisdiction over all further proceedings in this case, but it is only signed by three Defendants. If the Parties intend to consent to the Magistrate Judge's jurisdiction, they must file a consent form that is signed by all Parties. Signed by Judge Donald M. Middlebrooks on 4/15/2021. (kal)
April 14, 2021	Filing 19 STRICKEN per DE# 20 , Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties . Filed by Michael Cutler, Jonn A McClellan, Cheikh Robertson (Scarola, John) Modified text on 4/15/2021 (jas).
April 12, 2021	Filing 18 Initial Disclosure(s) by Michael Cutler, Jonn A McClellan, Cheikh Robertson (Scarola, John)
April 7, 2021	Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by Jordan Kuppinger, MD, Gerald Molloy, MD (Rothschild, Philip)
April 5, 2021	Filing 16 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by JM.JZ Enterprises, INC.. Responses due by 4/19/2021 (Pike, Michael)
April 2, 2021	Filing 15 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Bruce W. Greer as Mediator. Mediation Hearing set for 4/27/21 at 10:00 a.m.. (Rothschild, Philip)
March 30, 2021	Filing 14 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Michael Cutler, Jonn A McClellan, Cheikh Robertson. Attorney John Scarola added to party Michael Cutler(pty:dft), Attorney John Scarola added to party Jonn A McClellan(pty:dft), Attorney John Scarola added to party Cheikh Robertson(pty:dft). (Scarola, John)
March 29, 2021	Filing 13 NOTICE of Attorney Appearance by Peter A. Tappert on behalf of Cheikh Robertson. Attorney Peter A. Tappert added to party Cheikh Robertson(pty:dft). (Tappert, Peter)
March 26, 2021	Filing 12 PAPERLESS ORDER granting in part #11 Defendant JM.JZ Enterprises, Inc.'s Unopposed Motion for Extension of Time. Defendant JM.JZ Enterprises, Inc., seeks to extend the deadline for it to respond to the Complaint to April 15, 2021, citing that "counsel has a variety of other pending hearings and deadlines" and "needs additional time to reply to Plaintiff's Complaint." (DE #11 at 1). Although the basis for the extension is vague, I will grant the Motion in part and extend the deadline for Defendant JM.JZ Enterprises, Inc., to respond to the Complaint to April 5, 2021. Future requests for extensions will be denied unless the moving party can establish that a particular deadline could not be met despite diligent efforts. Signed by Judge Donald M. Middlebrooks on 3/26/2021. (apo)
March 26, 2021	Filing 11 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by JM.JZ Enterprises, INC.. (Pike, Michael)
March 25, 2021	Filing 10 NOTICE of Attorney Appearance by Michael James Pike on behalf of JM.JZ Enterprises, INC.. Attorney Michael James Pike added to party JM.JZ Enterprises, INC. (pty:dft). (Pike, Michael)
March 19, 2021	Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jordan Kuppinger, MD, Gerald Molloy, MD. Cheikh Robertson served on 3/10/2021, answer due 3/31/2021. (Cuza, Jesus)
March 19, 2021	Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jordan Kuppinger, MD, Gerald Molloy, MD. Jonn A McClellan served on 3/7/2021, answer due 3/29/2021. (Cuza, Jesus)
March 19, 2021	Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jordan Kuppinger, MD, Gerald Molloy, MD. Michael Cutler served on 3/7/2021, answer due 3/29/2021. (Cuza, Jesus)
March 19, 2021	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 Jordan Kuppinger, MD, Gerald Molloy, MD. JM.JZ Enterprises, INC. served on 3/10/2021, answer due 3/31/2021. (Cuza, Jesus)
March 18, 2021	Filing 5 Pretrial Scheduling Order And Order Referring Case To Mediation: ( Amended Pleadings due by 4/19/2021., Discovery due by 8/9/2021., Joinder of Parties due by 4/19/2021., In Limine Motions due by 8/30/2021., Dispositive Motions due by 8/30/2021., Motions due by 8/30/2021., Pretrial Stipulation due by 9/27/2021.) Signed by Magistrate Judge Dave Lee Brannon on 3/18/2021. 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.
March 16, 2021	Filing 4 ORDER Referring Case And Setting Trial Date: ( Jury Trial set for 10/25/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/20/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 3/15/2021. 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.
March 5, 2021	Filing 3 Summons Issued as to Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (kpe)
March 5, 2021	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. (kpe)
March 5, 2021	Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14498437, filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Shareholder Agreement, #2 Exhibit Contribution Agreement, #3 Exhibit Resignation letter, #4 Exhibit February 18, 2021 letter, #5 Exhibit Notice of shareholder and director meeting for February 26, #6 Exhibit February 27 letter to shareholders, #7 Exhibit February 27 letter to counsel, #8 Civil Cover Sheet, #9 Summon(s) JM JZ Enterprises, Inc., #10 Summon(s) Jonn McClellan, #11 Summon(s) Michael Cutler, #12 Summon(s) Chikh Robertson)(Cuza, Jesus)

March 17, 2023

Filing 192 Clerk's Notice to Filer re #189 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas)

March 17, 2023

Filing 191 PAPERLESS ORDER denying #190 the non-party's Motion to Seal certain filings on the docket. The non-party seeks relief in a closed case over which the Court no longer has jurisdiction based on the parties' filing of a stipulation of dismissal. See Cohen v. NCL (Bahamas) Ltd., No. 16-23104-CIV, 2017 WL 3773702, at *1 (S.D. Fla. May 31, 2017) ("a stipulation of dismissal is... self-executing and deprives the Court of jurisdiction to do anything further.") (citing Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1280 (11th Cir. 2012). Signed by Magistrate Judge Bruce E. Reinhart on 3/17/2023. (hk02)

March 17, 2023

Filing 190 MOTION for Confidentiality Order , MOTION to seal proprietary confidential information re #1 Complaint,, #22 Amended Complaint/Amended Notice of Removal,, by Movedocs.com LLC. (Papasov, Pamela)

March 17, 2023

Filing 189 NOTICE of Attorney Appearance by Pamela Cordova Papasov on behalf of Movedocs.com LLC. Attorney Pamela Cordova Papasov added to party Movedocs.com LLC(pty:mov). (Papasov, Pamela)

August 29, 2022

Filing 188 STIPULATION of Dismissal JOINT STIPULATION FOR DISMISSAL WITH PREJUDICE by Jordan Kuppinger, MD, Gerald Molloy, MD (Attachments: #1 Text of Proposed Order)(Castro, Monica)

August 1, 2022

Filing 187 ORDER Dismissing Case and Close-Out re #186 Joint Stipulation of Dismissal. Signed by Magistrate Judge Bruce E. Reinhart on 8/1/2022. See attached document for full details. (ls)

July 29, 2022

Filing 186 STIPULATION of Dismissal Joint by Jordan Kuppinger, MD, Gerald Molloy, MD (Attachments: #1 Text of Proposed Order)(Castro, Monica)

July 21, 2022

Filing 185 PAPERLESS ORDER granting #184 the parties' Joint Motion for an Extension of Time to file pre-hearing briefs. The legal briefs shall be filed by 7/29/22. Signed by Magistrate Judge Bruce E. Reinhart on 7/21/2022. (hk02)

July 21, 2022

Filing 184 Joint MOTION for Extension of Time TO FILE BRIEFS REGARDING WHICH COUNTS ARE FOR THE COURT TO DECIDE re 181 Order Setting Status Conference,,, Order Setting/Cancelling Hearing,, by Jordan Kuppinger, MD, Gerald Molloy, MD. Responses due by 8/4/2022 (Castro, Monica)

July 12, 2022

Filing 183 ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION DE #177 AND MOTION FOR A HEARING DE #178 . Signed by Magistrate Judge Bruce E. Reinhart on 7/12/2022. See attached document for full details. (ebz)

July 7, 2022

Filing 182 PAPERLESS ORDER changing the hearing on August 3, 2022 from an in person hearing to a Zoom hearing. The Court will email the Zoom link to counsel in advance of the hearing. Signed by Magistrate Judge Bruce E. Reinhart on 7/7/2022. (hk02)

June 16, 2022

Filing 181 PAPERLESS ORDER Setting an IN PERSON Case Management Status Conference and Miscellaneous Hearing for 8/3/2022 at 2:00 PM in the West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel should be prepared to discuss setting a trial date as well as present oral argument regarding which counts should be decided by the court versus a jury. The parties' briefs regarding how the counts should be tried are due by 7/22/22. Mr. Scarola shall notify the Court if his trial conflict in July is cancelled or adjourned. Signed by Magistrate Judge Bruce E. Reinhart on 6/16/2022. (hk02)

June 10, 2022

Filing 180 Plaintiff's REPLY to Response to Motion re #177 Plaintiff's MOTION for Reconsideration re #169 Order on Sealed Motion Motion for Reconsideration of Magistrate's Order or Alternatively, Objections to Magistrate's Report and Recommendation REPLY IN SUPPORT OF MOTION FOR RECONSIDERATION OF MAGISTRATES ORDER OR ALTERNATIVELY, OBJECTIONS TO MAGISTRATES REPORT AND RECOMMENDATION filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhibit A - Excerpt of March 4, 2022 Hearing Transcript, #2 Exhibit Exhibit B - Excerpt of March 1, 2022 Hearing Transcript)(Castro, Monica)

June 3, 2022

Filing 179 RESPONSE in Opposition re #177 Plaintiff's MOTION for Reconsideration re #169 Order on Sealed Motion Motion for Reconsideration of Magistrate's Order or Alternatively, Objections to Magistrate's Report and Recommendation filed by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Attorney Andrew Joseph Boloy added to party Michael Cutler(pty:dft), Attorney Andrew Joseph Boloy added to party Jonn A McClellan(pty:dft), Attorney Andrew Joseph Boloy added to party Cheikh Robertson(pty:dft). Replies due by 6/10/2022. (Boloy, Andrew)

May 25, 2022

Filing 178 Plaintiff's MOTION for Hearing re #177 Plaintiff's MOTION for Reconsideration re #169 Order on Sealed Motion Motion for Reconsideration of Magistrate's Order or Alternatively, Objections to Magistrate's Report and Recommendation by Jordan Kuppinger, MD, Gerald Molloy, MD. (Castro, Monica)

May 23, 2022

Filing 177 Plaintiff's MOTION for Reconsideration re #169 Order on Sealed Motion Motion for Reconsideration of Magistrate's Order or Alternatively, Objections to Magistrate's Report and Recommendation by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhibit A - Excerpts of Evidentiary Hearing dated March 4, 2022, #2 Exhibit Exhibit B - Excerpts of Evidentiary Hearing dated March 1, 2022, #3 Exhibit Exhibit C - Excerpts of Evidentiary Hearing dated November 19, 2021, #4 Exhibit Exhibit D - Emails dated October 21, 2021)(Castro, Monica)

May 20, 2022

Filing 176 TRANSCRIPT of hearing held on 03/15/2022 before Magistrate Judge Bruce E. Reinhart, Volume Number 1, 1-105 pages, Court Reporter: Sharon Velazco, 305-523-5636 / Sharon_PellVelazco@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Pell Velazco, Sharon)

May 19, 2022

Filing 175 PAPERLESS ORDER granting #174 Defendants' Unopposed Motion to Continue and cancelling the status conference and oral argument previously scheduled for 6/28/22. Counsel shall confer and email the Court with three proposed dates for rescheduling the status conference and oral argument. Signed by Magistrate Judge Bruce E. Reinhart on 5/19/2022. (hk02)

May 19, 2022

Filing 174 Unopposed MOTION to Continue Hearing scheduled for 6.28.22 re 173 Order on Motion to Continue,, by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 6/2/2022 (Scarola, John)

May 18, 2022

Filing 173 PAPERLESS ORDER granting #172 Plaintiffs' Unopposed Motion to Continue the Status Conference and resetting it for 6/28/2022 at 11:00 AM in the West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. The Conference will be conducted IN PERSON and counsel should be prepared to discuss setting a trial date as well as present oral argument regarding which counts should be decided by the court versus a jury. The parties' briefs regarding how the counts should be tried are due by June 23, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 5/18/2022. (hk02)

May 18, 2022

Set/Reset Hearings Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 6/28/2022 11:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. (tmn)

May 17, 2022

Filing 172 Unopposed MOTION to Continue re 171 Order Setting Status Conference,, by Jordan Kuppinger, MD, Gerald Molloy, MD. Responses due by 5/31/2022 (Attachments: #1 Exhibit Ex. A - Order Compelling Attendance at Trial.)(Castro, Monica)

May 9, 2022

Filing 171 PAPERLESS ORDER Setting a Telephonic Status Conference for 5/26/2022 at 12:00 PM before Magistrate Judge Bruce E. Reinhart. By 5/24/22, the parties shall file briefs (not to exceed 15 pages) regarding which counts in the Amended Complaint should be tried before a jury and which counts are for the Court to decide. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 5/9/2022. (hk02)

May 9, 2022

Filing 170 Clerks Notice of Docket Correction re #169 Order Docket Text Modified by Clerk. See DE #169 Order. (kpe)

May 9, 2022

Filing 169 ORDER denying #125 Plaintiffs' Motion To Enforce Settlement Agreement. Signed by Magistrate Judge Bruce E. Reinhart on 5/9/2022. See attached document for full details. (kpe)

March 15, 2022

Filing 168 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Evidentiary Hearing on Plaintiff's Motion to Enforce Settlement (DE 125) held on 3/15/2022. Total time in court: 2 hours : 30 minutes. (Digital 9:08:20) (hk02)

March 14, 2022

Filing 167 TRANSCRIPT of Continuation of Evidentiary Hearing held on 3/4/22 before Magistrate Judge Bruce E. Reinhart, 3/4/22 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (dmr)

March 14, 2022

Filing 166 TRANSCRIPT of Continuation of Evidentiary Hearing held on 3/1/22 before Magistrate Judge Bruce E. Reinhart, 1-139 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/4/2022. Redacted Transcript Deadline set for 4/14/2022. Release of Transcript Restriction set for 6/13/2022. (dmr)

March 9, 2022

Filing 165 PAPERLESS ORDER taking under advisement #125 Plaintiffs' Motion to Enforce the Settlement Agreement and setting the Continued IN PERSON Evidentiary Hearing for 3/15/2022 at 9:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 3/9/2022. (hk02)

March 8, 2022

Filing 164 PAPERLESS ORDER denying #163 Defendants' Expedited Motion for an order denying Plaintiffs' motion to enforce the settlement and ordering the parties to confer and email the Court (reinhart@flsd.uscourts.gov) by 5:00 p.m. today with jointly proposed dates for a continuation of the evidentiary hearing. Signed by Magistrate Judge Bruce E. Reinhart on 3/8/2022. (hk02)

March 8, 2022

Filing 163 Joint EXPEDITED MOTION For An Immediate Ruling Denying Plaintiffs' Motion to Enforce Settlement Agreement and for Sanctions [D.E. 125] re #125 Plaintiff's SEALED MOTION PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Boloy, Andrew)

March 4, 2022

Filing 162 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Continued Evidentiary Hearing on Plaintiff's Motion to Enforce Settlement (DE 125) held on 3/4/2022. Total time in court: 3 hours. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (hk02)

March 1, 2022

Filing 161 PAPERLESS ORDER taking under advisement #125 Plaintiffs' Motion to Enforce the Settlement Agreement and Continuing the Evidentiary Hearing IN PERSON on 3/4/2022 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 3/1/2022. (hk02)

March 1, 2022

Filing 160 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Evidentiary Hearing on Plaintiffs' Motion to Enforce Settlement Agreement (DE 125) held on 3/1/2022. Total time in court: 3 hours: 45 minutes. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (hk02)

February 18, 2022

Filing 159 Exhibit and Witness List Plaintiffs' Exhibit and Witness List by Jordan Kuppinger, MD, Gerald Molloy, MD.. (Cuza, Jesus)

February 18, 2022

Filing 158 NOTICE by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson re 149 Order on Sealed Motion,,,, (Attachments: #1 Exhibit 1) (Boloy, Andrew)

February 4, 2022

Filing 157 ORDER denying #153 Plaintiff's Expedited Motion MOTION FOR PRODUCTION OF CORPORATE RECORDS. Signed by Magistrate Judge Bruce E. Reinhart on 2/4/2022. See attached document for full details. (drz)

February 3, 2022

Filing 156 Plaintiff's REPLY to Response to Motion re #153 Plaintiff's EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS RELATED TO DISSIPATION OF COMPANY ASSETS AND APPARENT EFFORT TO PERPETRATE A FRAUD UPON THE COURT PLAINTIFFS' REPLY IN SUPPORT OF EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhbit A - July 2021 Accounts Receivable)(Rothschild, Philip)

February 3, 2022

Filing 155 RESPONSE to Motion re #153 Plaintiff's EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS RELATED TO DISSIPATION OF COMPANY ASSETS AND APPARENT EFFORT TO PERPETRATE A FRAUD UPON THE COURT filed by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Replies due by 2/10/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Scarola, John)

January 31, 2022

Reset Deadlines as to #153 Plaintiff's EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS RELATED TO DISSIPATION OF COMPANY ASSETS AND APPARENT EFFORT TO PERPETRATE A FRAUD UPON THE COURT . Responses due by 2/3/2022 (ls)(per DE #154)

January 31, 2022

Filing 154 PAPERLESS ORDER taking under advisement #153 Plaintiffs' Motion Production of Corporate Records and ordering an expedited response. Defendants shall file their response to Plaintiffs' motion by Thursday, February 3, 2022. Signed by Magistrate Judge Bruce E. Reinhart on 1/31/2022. (hk02)

January 31, 2022

Filing 153 Plaintiff's EXPEDITED MOTION FOR PRODUCTION OF CORPORATE RECORDS RELATED TO DISSIPATION OF COMPANY ASSETS AND APPARENT EFFORT TO PERPETRATE A FRAUD UPON THE COURT by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhibit A - Letter to Coastal re Accounting dated January 18, 2022, #2 Exhibit Exhibit B - Letter Scarola to Newman re Coastal dated January 24, 2022)(Rothschild, Philip)

January 27, 2022

Filing 152 PAPERLESS ORDER denying #151 Defendants' Motion to Compel depositions of Plaintiffs' counsel. The Court's previous order to preserve testimony was based on defense counsel's representation that he would be unavailable on March 1, 2022 due to a trial conflict. There has been no showing of actual unavailability for the witnesses Defendants seek to depose with this motion, and Defendants' contention regarding their potential unavailability is speculative. If any unexpected health issues arise at the time of the hearing, the Court will address those issues then. Signed by Magistrate Judge Bruce E. Reinhart on 1/27/2022. (hk02)

January 27, 2022

Filing 151 Defendant's MOTION to Compel Depositions by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 2/10/2022 (Attachments: #1 Text of Proposed Order)(Scarola, John)

January 12, 2022

Filing 150 NOTICE OF ZOOM LINK for Evidentiary Hearing set for 3/1/2022 at 1:00 PM before Magistrate Judge Bruce E. Reinhart. Join ZoomGov Meetinghttps://www.zoomgov.com/j/1607518992?pwd=d3BaamgySDJ1K052V0lsTkF1dmdzUT09Meeting ID: 160 751 8992Passcode: 717319One tap mobile+16692545252,,1607518992#,,,,*717319# US (San Jose)+16468287666,,1607518992#,,,,*717319# US (New York)Dial by your location +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) +1 551 285 1373 US +1 669 216 1590 US (San Jose)Meeting ID: 160 751 8992Passcode: 717319Find your local number: https://www.zoomgov.com/u/aeEkZDMCbUJoin by SIP1607518992@sip.zoomgov.comJoin by H.323161.199.138.10 (US West)161.199.136.10 (US East)Meeting ID: 160 751 8992Passcode: 717319Join by Skype for Businesshttps://www.zoomgov.com/skype/1607518992 (tmn)

January 12, 2022

Filing 149 PAPERLESS ORDER taking under advisement #125 Plaintiff's Motion to Enforce Settlement Agreement and setting an Evidentiary Hearing to be conducted by remote means for 3/1/2022 at 1:00 PM before Magistrate Judge Bruce E. Reinhart. The hearing will be conducted via Zoom and a link will be provided in advance of the hearing. The testimony of any witnesses who cannot appear on 3/1/22 shall be taken in advance of the hearing. The parties shall file their exhibit and witness lists by 2/18/22 at 5:00 p.m. Any rebuttal witness lists are due by 2/22/22 at 5:00 p.m. Any witnesses who are not disclosed by the deadline will not be permitted to testify. Counsel shall email their exhibits to the Court at reinhart@flsd.uscourts.gov by 2/25/22. All exhibits shall be pre-labeled in accordance with the exhibit list. Exhibit labels must include the case number, the exhibit number, and the party offering the exhibit. The typewritten exhibit list shall set forth the exhibit number and description of each exhibit. The exhibit list shall conform to the requirements of Form AO 187, which is available from the Clerks office. Signed by Magistrate Judge Bruce E. Reinhart on 1/12/2022. (hk02)

January 12, 2022

Filing 148 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Scheduling Conference held on 1/12/2022. Total time in court: 7 minutes. (Digital BER_1_01.12.2022) (hk02)

January 12, 2022

Evidentiary Hearing on 1/18/22 terminated. (hk02)

January 11, 2022

Filing 147 PAPERLESS Order setting a Telephonic Status Conference for 1/12/2022 at 10:00 AM before Magistrate Judge Bruce E. Reinhart. Given defense counsel's trial conflict with the evidentiary hearing set on 1/18/22, the court will reschedule the evidentiary hearing. Counsel should be prepared to discuss their availability to conduct the evidentiary hearing in March. Counsel shall appear at the telephone status conference using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 1/11/2022. (hk02)

January 5, 2022

Filing 146 PAPERLESS ORDER taking under advisement #125 Plaintiff's Motion to Enforce Settlement Agreement and resetting the In Person Evidentiary Hearing for 1/18/2022 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. NOTE: COURT REPORTER REQUIRED. Signed by Magistrate Judge Bruce E. Reinhart on 1/5/2022. (hk02)

January 5, 2022

Filing 145 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Conference re: rescheduling of the evidentiary hearing on Plaintiffs' Motion to Enforce Settlement Agreement (DE 125) held on 1/5/2022. Total time in court: 15 minutes. (Digital BER_1_01.05.2022) (hk02)

January 4, 2022

Filing 144 PAPERLESS ORDER Cancelling the Evidentiary Hearing on #125 Plaintiffs' Motion to Enforce the Settlement Agreement previously scheduled for 1/5/2022 and setting a Telephonic Status Conference on 1/5/2022 at 10:00 AM before Magistrate Judge Bruce E. Reinhart to discuss the re-scheduling of the evidentiary hearing. Counsel shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 1/4/2022. (hk02)

December 17, 2021

Filing 143 PAPERLESS ORDER taking under advisement #125 Plaintiffs' Motion to Enforce the Settlement Agreement and setting an IN PERSON Evidentiary Hearing for 1/5/2022 at 10:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Bruce E. Reinhart on 12/17/2021. NOTE: COURT REPORTER REQUIRED. (hk02)

December 16, 2021

Filing 142 PAPERLESS Order Cancelling the In Person Evidentiary Hearing previously scheduled for 12/17/2021. The Hearing will be reset by separate order. Signed by Magistrate Judge Bruce E. Reinhart on 12/16/2021. (hk02)

December 16, 2021

Filing 141 NOTICE OF FILING ADDITIONAL EXHIBITS IN SUPPORT OF DEFENDANTS' JOINT RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT AND FOR SANCTIONS by JM.JZ Enterprises, INC. re #131 Sealed Document,,,,,,, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE) (Boloy, Andrew) Modified text on 12/17/2021 (ebz).

December 15, 2021

Filing 140 CLERK'S NOTICE of Compliance re #139 Order, (dj)

December 15, 2021

Filing 139 ORDER Unsealing Filings re #135 Show Cause Order; Unsealing de#'s #125 Plaintiff's SEALED MOTION #131 Sealed Document. and #133 Sealed Document; VACATING de# 124 and 130 Signed by Magistrate Judge Bruce E. Reinhart on 12/15/2021. See attached document for full details. (dj)

December 14, 2021

Filing 138 NOTICE of Compliance Plaintiffs' Response to Order to Show Cause re sealed filings - No Objection to Unsealing by Jordan Kuppinger, MD, Gerald Molloy, MD re #135 Order (Rothschild, Philip)

December 9, 2021

Filing 137 NOTICE of Compliance Defendants' Joint Response to This Court's Order to Show Cause by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson re #135 Order (Boloy, Andrew)

November 30, 2021

Filing 136 TRANSCRIPT of Motion Hearing held on 11/19/21 before Magistrate Judge Bruce E. Reinhart, 1-108 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/21/2021. Redacted Transcript Deadline set for 1/3/2022. Release of Transcript Restriction set for 2/28/2022. (dmr)

November 30, 2021

Bench trial on 12/16/21 and 12/17/21 terminated. (hk02)

November 30, 2021

Set/Reset Hearings Evidentiary Hearing set for 12/17/2021 at 10:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. (hk02)

November 29, 2021

Filing 135 ORDER TO SHOW CAUSE re: sealing the briefs associated with Plaintiffs' Motion to Enforce Settlement Agreement. Signed by Magistrate Judge Bruce E. Reinhart on 11/29/2021. See attached document for full details. (hk02)

November 19, 2021

Filing 134 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart and MINUTE ORDER re #125 Plaintiff's SEALED MOTION PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS. Miscellaneous Hearing held on 11/19/2021. Total time in court: 2 hours : 30 minutes. Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov.The bench trial previously scheduled for December 16-17, 2021 is hereby CANCELLED. The evidentiary hearing on Plaintiff's Motion (DE 125) is hereby continued and scheduled to resume IN PERSON on December 17, 2021 at 10:00 a.m. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Bruce E. Reinhart on 11/19/2021. (hk02)

November 18, 2021

Filing 133 Reply in support of Motion to Enforce Settlement [DE 125] by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Transcripts Calendar Call Transcript, #2 Exhibit Email from J.Cuza 10-19-21, #3 Exhibit Email from M.Pike 10-20-21, #4 Exhibit Email from J.Cuza 10-20-21) (Rothschild, Philip) Modified on 12/15/2021 unsealed per de#139(dj). Modified on 12/15/2021 (dj).

November 16, 2021

Filing 132 NOTICE by Michael Cutler, Jonn A McClellan, Cheikh Robertson Notice to Clarify the Court Record (Scarola, John)

November 15, 2021

Filing 131 Defendants' Joint Response in Opposition to Plaintiffs' Motion to Enforce Settlement Agreement and for Sanctions by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Attachments: #1 Exhibit 1 (Transcript of Calendar Call on October 20, 2021), #2 Exhibit 2 (October 21, 2021 email from Defense counsel to Plaintiffs' counsel), #3 Exhibit 3 (First Draft of Settlement Agreement), #4 Exhibit 4 (Second Draft of Settlement Agreement - Defendants' Revisions and Proposal), #5 Exhibit 5 (Third Draft of Settlement Agreement - Plaintiffs' revisions and proposal), #6 Exhibit 6 (October 20, 2021 email from Plaintiffs' counsel to Defendants' counsel), #7 Exhibit 7 (October 22, 2021 email from Plaintiffs' counsel to counsel for Defendants), #8 Exhibit 8 (October 25, 2021 email from Defendants' counsel to Plaintiffs' counsel), #9 Exhibit 9 (Order on Plaintiff Roland Corporation's Sealed Motion to Enforce Settlement Agreement), #10 Exhibit 10 (Affidavit of Coastal Corporate Representative in Support of Defendants' Joint Response to Plaintiffs' Motion to Enforce Settlement and for Sanctions), #11 Exhibit 11 (Affidavit of Jonn McClellan in Support of Defendants' Joint Response in Opposition to Plaintiffs' Motion to Enforce Settlement and for Sanctions), #12 Exhibit 12 (Affidavit of Cheikh Robertson in Support of Defendants' Joint Response to Plaintiffs' Motion to Enforce Settlement and for Sanctions), #13 Exhibit 13 (Affidavit of Michael Cutler in support of Defendants' Joint Response to Plaintiffs' Motion to Enforce Settlement Agreement and for Sanctions)) (Boloy, Andrew) Modified on 12/15/2021 unsealed per de# 139(dj). Modified on 12/15/2021 (dj). Modified on 12/15/2021 (dj).

November 15, 2021

Filing 130 VACATED PAPERLESS ORDER granting #129 Defendants' Unopposed Motion to Seal their response to Plaintiff's motion to enforce the settlement agreement. Signed by Magistrate Judge Bruce E. Reinhart on 11/15/2021. (hk02) Modified on 12/15/2021 vacated per de#139(dj).

November 15, 2021

Filing 129 Unopposed MOTION to Seal Defendants' Joint Response in Opposition to Plaintiffs' Motion to Enforce Settlement Agreement and for Sanctions [D.E. 125] per Local Rule 5.4 by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Boloy, Andrew)

November 15, 2021

Filing 128 PAPERLESS ORDER granting in part and denying in part #127 Defendants' Motion to Continue the In Person Hearing on Plaintiff's Motion to Enforce the Settlement Agreement previously scheduled for 11/23/21 and RESETTING it for 11/19/2021 at 1:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 11/15/2021. (hk02)

November 12, 2021

Filing 127 Defendant's MOTION to Continue November 23, 2021 Hearing by Michael Cutler, Jonn A McClellan, Cheikh Robertson. Responses due by 11/29/2021 (Scarola, John)

November 10, 2021

Filing 126 PAPERLESS Order Granting (DE 125) Plaintiff's request to expedite briefing. Defendants' response to Plaintiff's Motion to Enforce the Settlement Agreement is due by 11/15/21. Plaintiff Kuppinger's reply is due on 11/18/21. An in-person hearing on the motion is hereby set for Tuesday 11/23/2021 at 11:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Prior to your courthouse visit, please # click here to view our COVID-19 Rules and Procedures. Signed by Magistrate Judge Bruce E. Reinhart on 11/10/2021. (hk02)

November 5, 2021

Filing 125 PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AGREEMENT AND FOR SANCTIONS by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Calendar Call Transcript, #2 Exhibit Emails with Scarola, #3 Exhibit October 20 email from Pike, #4 Exhibit October 20 email from J. Cuza, #5 Exhibit Revised Settlement Agreement, #6 Exhibit October 20 email from Scarola) (Rothschild, Philip) Modified on 12/15/2021 unsealed per de#139(dj).

November 5, 2021

Filing 124 VACATED PAPERLESS ORDER granting #123 Plaintiffs' Unopposed Motion to Seal their Motion to Enforce the Settlement. Signed by Magistrate Judge Bruce E. Reinhart on 11/5/2021. (hk02) Modified on 12/15/2021 vacated per de #139 (dj).

November 5, 2021

Filing 123 Unopposed MOTION to Seal PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT per Local Rule 5.4 by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Calendar Call Transcript) (Rothschild, Philip)

November 2, 2021

Filing 122 TRANSCRIPT of Videoconference of Calendar Call Proceedings held on 10-20-21 before Judge Donald M. Middlebrooks, 1-9 pages, Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2021. Redacted Transcript Deadline set for 12/3/2021. Release of Transcript Restriction set for 1/31/2022. (Pastor-Hernandez, Gilda)

October 29, 2021

Filing 121 PAPERLESS ORDER granting #120 Plaintiffs' Motion for Extension of Time until 11/5/21 to file a stipulation of dismissal and replead Count VII. Signed by Magistrate Judge Bruce E. Reinhart on 10/29/2021. (hk02)

October 29, 2021

Filing 120 Plaintiff's MOTION for Extension of Time TO FILE STIPULATION OF DISMISSAL AND REPLEAD COUNT VII re 119 Order Setting/Cancelling Hearing, by Jordan Kuppinger, MD, Gerald Molloy, MD. Responses due by 11/12/2021 (Rothschild, Philip)

October 25, 2021

Filing 119 PAPERLESS Order setting a two-day Bench Trial to begin on 12/16/2021 at 9:30 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. By 11/1/21, counsel shall file a stipulation of dismissal on the resolved claims and Plaintiff shall replead Count VII as discussed during the settlement conference. All pending motions are hereby denied as moot. Signed by Magistrate Judge Bruce E. Reinhart on 10/25/2021. (hk02)

October 25, 2021

Active Hearings Before Prior Presider Deadline(s)/Hearing(s) terminated. (ch1)

October 21, 2021

Filing 118 ORDER OF REFERENCE. ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Trial. Judge Donald M. Middlebrooks no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald M. Middlebrooks on 10/21/2021. See attached document for full details. (amb)

October 21, 2021

Filing 117 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Michael Cutler, Jonn A McClellan, Cheikh Robertson (Scarola, John)

October 20, 2021

Filing 116 PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. The Parties informed the Court during the calendar call that they have reached a tentative settlement, and the Court congratulates the Parties on their amicable resolution of this matter. As discussed, the Parties shall ensure that a stipulation of dismissal is filed no later than 12 p.m. tomorrow, October 21, 2021. Alternatively, the Parties may consent to the jurisdiction of the Magistrate Judge by that deadline. Signed by Judge Donald M. Middlebrooks on 10/20/2021. (kal)

October 20, 2021

Filing 115 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Calendar Call held on 10/20/2021. All parties appeared by videoconferencing. Attorney Appearance(s): Jesus E. Cuza, Monica Vila Castro, Philip E. Rothschild, Michael James Pike, John Scarola and Andrew Joseph Boloy. Counsel advised the Court that they have reached a tentative settlement. The parties shall file by Noon tomorrow, Thursday, October 21, 2021, all material terms of the settlement. Total time in court: 10 minutes. Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (gm1)

October 19, 2021

Filing 114 Plaintiff's REPLY to Response to Motion re #99 Plaintiff's EXPEDITED MOTION To Compel Production of Documents and for Sanctions filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Plaintiffs' First RFP to JM JZ Enterprises Inc, #2 Exhibit Excel Sheet Excerpts Part 1, #3 Exhibit Excel Sheet Excerpts Part 2)(Cuza, Jesus)

October 19, 2021

Filing 113 RESPONSE to Motion re #97 Joint MOTION to Strike #96 Pretrial Stipulation Joint otion to Strike Michael Pike, Esq. from Plaintiffs Trial Witness ListJoint MOTION for Sanctions filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 10/26/2021. (Rothschild, Philip)

October 19, 2021

Filing 112 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 10/19/2021. Tentative settlement reached. Total time in court: 6 hours. (Digital BER_1_10.19.2021)(hk02) Modified on 11/5/2021 - add docket text re: Digital recording information. (jmd)

October 19, 2021

Filing 111 ORDER denying #65 Joint Motion in Limine. Signed by Judge Donald M. Middlebrooks on 10/19/2021. See attached document for full details. (kal)

October 18, 2021

Filing 110 Proposed Findings of Fact and Proposed Conclusions of Law as to Count VII by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Pike, Michael)

October 18, 2021

Filing 109 ORDER denying #56 Defendants' Motion for Partial Summary Judgment as to Counts I, II, and VI; denying #73 Defendants' Amended Motion for Partial Summary Judgment as to Count VII; denying #59 Plaintiffs' Partial Motion for Summary Judgment; Signed by Judge Donald M. Middlebrooks on 10/18/2021. See attached document for full details. (gm1)

October 18, 2021

Filing 108 RESPONSE in Opposition re #99 Plaintiff's EXPEDITED MOTION To Compel Production of Documents and for Sanctions filed by JM.JZ Enterprises, INC.. Replies due by 10/25/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Boloy, Andrew)

October 18, 2021

Filing 107 Joint EXPEDITED MOTION FOR TWO DAY ENLARGEMENT OF TIME TO FILE PROPOSED JURY INSTRUCTIONS by Jordan Kuppinger, MD, Gerald Molloy, MD. (Cuza, Jesus)

October 18, 2021

Filing 106 PAPERLESS Order setting a telephonic Settlement Conference for 10/19/2021 at 11:00 AM before Magistrate Judge Bruce E. Reinhart. Counsel and their clients shall appear telephonically using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 10/18/2021. (hk02)

October 15, 2021

Filing 105 Supplemental EXPEDITED MOTION To Compel Production of Documents and for Sanctions re #99 Plaintiff's EXPEDITED MOTION To Compel Production of Documents and for Sanctions by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit DE99-1, #2 Exhibit DE99-2, #3 Exhibit Emails between Coastal and MoveDocs, #4 Exhibit Cara Valenti Deposition Transcript dated October 12, 2021, #5 Exhibit Subpoena Duces Tecum to Cara Valenti dated August 9, 2021, #6 Exhibit Curriculum Vitae of Jordan Rae Kelly)(Cuza, Jesus)

October 15, 2021

Filing 104 ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Settlement Conference on OCTOBER 19, 2021 at a time to be set by Magistrate Judge Reinhart. Participation in the settlement conference is mandatory. Signed by Judge Donald M. Middlebrooks on 10/15/2021. See attached document for full details. (gm1)

October 14, 2021

Filing 103 Clerks Notice to Filer re #102 Reply to Response to Motion,. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ebz)

October 14, 2021

Filing 102 Joint REPLY to TO PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' JOINT REQUEST TO ENTER BILLS OF COSTS re #98 RESPONSE in Opposition re #85 Joint MOTION for Bill of Costs filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Pike, Michael) Modified document link on 10/15/2021 (ebz).

October 13, 2021

Filing 101 Joint MOTION for Attorney Fees Entitlement to Attorneys' Fees and Costs Regarding Counts III, IV, V by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 10/27/2021 (Attachments: #1 Exhibit A)(Pike, Michael)

October 12, 2021

Filing 100 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #99 Plaintiffs' Motion to Compel Production of Documents, for Sanctions, and for an Expedited Briefing Schedule. The certificate of conferral indicates that Plaintiffs' Motion is opposed. (DE #99 at 7). In light of the impending trial period beginning October 25, 2021, this matter requires expedited briefing. Therefore, on or before October 18, 2021, Defendants shall file a Response fully setting forth their position on the arguments contained within Plaintiffs' Motion (DE #99 ). If Plaintiffs wish to file a Reply, they may do so on or before October 19, 2021; however, Plaintiffs are advised that this Court will consider the Motion ripe upon the filing of Defendants' Response and will reserve the right to rule on the Motion without need of a Reply. Signed by Judge Donald M. Middlebrooks on 10/12/2021. (kal)

October 11, 2021

Filing 99 Plaintiff's EXPEDITED MOTION To Compel Production of Documents and for Sanctions by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit AIPro Messages, #2 Exhibit Plaintiffs' First RFP to JM JZ Enterprises Inc dated April 7, 2021)(Cuza, Jesus)

October 7, 2021

Filing 98 RESPONSE in Opposition re #85 Joint MOTION for Bill of Costs filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 10/14/2021. (Cuza, Jesus)

October 6, 2021

Filing 97 Joint MOTION to Strike #96 Pretrial Stipulation Joint otion to Strike Michael Pike, Esq. from Plaintiffs Trial Witness List ( Responses due by 10/20/2021), Joint MOTION for Sanctions by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Boloy, Andrew)

October 4, 2021

Filing 96 PRETRIAL STIPULATION JOINT PRETRIAL STIPULATION by Jordan Kuppinger, MD, Gerald Molloy, MD (Cuza, Jesus)

October 1, 2021

Filing 95 Plaintiff's REPLY to Response to Motion re #59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT Plaintiffs' Reply in Support of Motion for Partial Summary Judgment filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Exhibit A - McClellan's Verified Answers to First Set of Interrogatories dated August 2, 2021, #2 Exhibit Exhibit B - Excerpts of JM JZ Enterprises Inc.'s Corporate Representative Deposition)(Cuza, Jesus)

October 1, 2021

Filing 94 RESPONSE in Support re #91 Statement of: PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF JM.JZS MOTION FOR SUMMARYJUDGMENT AS TO COUNTS I, II, AND VI by Jordan Kuppinger, MD, Gerald Molloy, MD re #55 Statement, filed by JM.JZ Enterprises, INC.. (Pike, Michael) Modified document link on 10/4/2021 (ebz).

October 1, 2021

Filing 93 REPLY to #90 RESPONSE in Opposition re #56 MOTION for Summary Judgment PLAINTIFFS OPPOSITION TO DEFENDANT JM.JZ ENTERPRISES INC.S MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I, II, AND VI filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Pike, Michael) Modified document link on 10/4/2021 (ebz).

September 28, 2021

Filing 92 REPLY to Response to Motion re #73 Amended MOTION for Summary Judgment as to Count 7Amended MOTION for Partial Summary Judgment as to Count 7 Declaratory Judgment and Incorporated Memorandum filed by Michael Cutler, Jonn A McClellan. (Scarola, John)

September 24, 2021

Filing 91 Statement of: PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF JM.JZS MOTION FOR SUMMARYJUDGMENT AS TO COUNTS I, II, AND VI by Jordan Kuppinger, MD, Gerald Molloy, MD re #55 Statement,, (Attachments: #1 Exhibit Exhibit A - McClellan text, #2 Exhibit Exhibit B - Dr. Molloy Declaration, #3 Exhibit Exhibit C - Dr. Kuppinger Declaration, #4 Exhibit Exhibit D - AI Pro leads, #5 Exhibit Exhibit E - Bulk Irrevocable Assignment for Collection, #6 Exhibit Exhibit F - Agreement for Assignment of Account(s) Receivable, #7 Exhibit Exhibit G - Excerpts of Dr. Kuppinger Deposition, #8 Exhibit Composite Exhibit H - Feb. 20 and 22, 2021 Notices of Special Board Meetings, #9 Exhibit Exhibit I - September 30 email from Movedocs to McClellan, #10 Exhibit Exhibit J - AIPro Agreement, #11 Exhibit Exhibit K - Excerpt of J. McClellan Deposition, #12 Exhibit Exhibit L - Movedocs emails, #13 Exhibit Exhibit M - Cara Valenti Email, #14 Exhibit Exhibit N - Excerpts of Celeen Robertson Deposition, #15 Exhibit Exhibit O - Scarola email re Equipment, #16 Exhibit Exhibit P - Excerpt of Dr. Kuppinger Deposition)(Cuza, Jesus)

September 24, 2021

Filing 90 RESPONSE in Opposition re #56 MOTION for Summary Judgment PLAINTIFFS OPPOSITION TO DEFENDANT JM.JZ ENTERPRISES INC.S MOTION FOR SUMMARY JUDGMENT AS TO COUNTS I, II, AND VI filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 10/1/2021. (Attachments: #1 Exhibit DE001-3 - Amended Complaint)(Cuza, Jesus)

September 24, 2021

Filing 89 PAPERLESS ORDER granting #86 Joint Expedited Motion for Seven Day Enlargement of Time. The Parties' deadline to file a Joint Pretrial Stipulation and Deposition Designations is September 27, 2021. (DE #5 ). The Parties seek a one-week extension, citing other deadlines in this case, the need to review a deposition transcript that is still not available, and ongoing discussions about attending a settlement conference once the summary judgment motions have been fully briefed. (DE #86 at 2-3). While I am not persuaded by the Parties' arguments about the press of other deadlines in this case or the hypothetical possibility of a future settlement conference, I will grant the Motion because the relief is jointly requested and the extension brief. Accordingly, the Parties must file their Joint Pretrial Stipulation and Deposition Designations no later than October 4, 2021. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 9/24/2021. (kal)

September 24, 2021

Filing 88 Statement of: Genuine Disputes of Material Fact by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson re #87 Response in Opposition to Motion, (Attachments: #1 Exhibit 1)(Pike, Michael)

September 24, 2021

Filing 87 RESPONSE in Opposition re #59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Replies due by 10/1/2021. (Attachments: #1 Exhibit 1)(Pike, Michael)

September 23, 2021

Filing 86 Joint EXPEDITED MOTION JOINT EXPEDITED MOTION FOR SEVEN DAY ENLARGEMENT OF TIME TO FILE JOINT PRETRIAL STIPULATION AND DEPOSITION re #5 Scheduling Order,,, Order Referring Case to Mediation,, by Jordan Kuppinger, MD, Gerald Molloy, MD. (Cuza, Jesus)

September 23, 2021

Filing 85 Joint MOTION for Bill of Costs by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 10/7/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Pike, Michael)

September 23, 2021

Filing 84 REPLY to Response to Motion re #79 RESPONSE in Opposition re #65 Joint MOTION in Limine filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Boloy, Andrew) Modified document link on 9/23/2021 (ebz).

September 21, 2021

Filing 83 Statement of: Plaintiffs' Response to Defendants' Statement of Material Facts in Support of Motion for Partial Summary Judgment as to Count 7 by Jordan Kuppinger, MD, Gerald Molloy, MD re #54 Statement, (Attachments: #1 Exhibit Declaration of Dr. Molloy, #2 Exhibit Declaration of Dr. Kuppinger, #3 Exhibit CHG Holding Company Contribution Agreement, #4 Exhibit DE22-4 - Check from CHG Holding Company to Dr. Molloy)(Cuza, Jesus)

September 21, 2021

Filing 82 RESPONSE in Opposition re #73 Amended MOTION for Summary Judgment as to Count 7Amended MOTION for Partial Summary Judgment as to Count 7 Declaratory Judgment and Incorporated Memorandum filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 9/28/2021. (Cuza, Jesus)

September 21, 2021

Filing 81 PAPERLESS ORDER granting #80 Defendants' Joint Expedited and Unopposed Motion for Leave to Increase Page Limit. Defendants' response to Plaintiffs' Motion for Partial Summary Judgment is due on September 24, 2021. (DE 77 ). Defendants seek leave to exceed the 20-page limit for that response by one page. Because the Motion is unopposed and the enlargement is for just one page, I find good cause to grant the Motion. Defendants may file a Joint Response in Opposition to Plaintiffs' Partial Motion for Summary Judgment not to exceed 21 pages. Signed by Judge Donald M. Middlebrooks on 9/21/2021. (kal)

September 20, 2021

Filing 80 Unopposed MOTION for Leave to File Excess Pages by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Pike, Michael)

September 16, 2021

Filing 79 RESPONSE in Opposition re #65 Joint MOTION in Limine filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 9/23/2021. (Cuza, Jesus)

September 13, 2021

Filing 78 ORDER. Defendants' First Motion for Summary Judgment as to Count 7 DE#52 is DENIED as moot. Plaintiffs' Response to the Amended Motion for Summary Judgment DE#73 shall be filed by September 21, 2021. Responses due by 9/21/2021 Signed by Judge Donald M. Middlebrooks on 9/13/2021. See attached document for full details. (ebz)

September 10, 2021

Filing 77 PAPERLESS ORDER granting #76 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs' Responses to Defendants' Motions for Partial Summary Judgment are due on September 10, 2021 ([DE 52]) and September 13, 2021. (DE #56 ). Plaintiffs request an extension until September 21, 2021 to respond to Defendants' Motion for Partial Summary Judgment as to Count 7 (DE #52 ) and until September 24, 2021 to respond to Defendants' Motion for Partial Summary Judgment as to Counts I, II, and VI (DE #56 ), citing the perceived complexity of the case, other pending deadlines, and the extension granted for Defendants. Because it is unopposed, I will grant Plaintiffs' Motion. (DE #76 ). No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 9/10/2021. (kal)

September 9, 2021

Filing 76 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #56 MOTION for Summary Judgment , #52 Defendant's MOTION for Partial Summary Judgment as to Count 7 PLAINTIFFS UNOPPOSED EXPEDITED MOTION FOR ELEVEN DAY ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT [ECF Nos. 52 and 56] by Jordan Kuppinger, MD, Gerald Molloy, MD. (Cuza, Jesus)

September 9, 2021

Filing 74 PAPERLESS ORDER granting in part #70 Defendants' Motion for Extension of Time. Defendants' response to Plaintiffs' Motion for Partial Summary Judgment (DE #59 ) is due on September 13, 2021. Defendants request a 20-day extension, citing "the time constraints to meet certain deadlines in this action, the time and effort required to adequately address and respond to pleadings and motions, and the scheduling conflicts of counsel for Defendants." (DE #70 ). Good cause having been shown but mindful of the upcoming trial date, I will grant relief in part. Accordingly, Defendants shall respond to Plaintiffs' Motion for Partial Summary Judgment (DE #59 ) on or before September 24, 2021. Signed by Judge Donald M. Middlebrooks on 9/9/2021. (kal)

September 8, 2021

Filing 73 Amended MOTION for Summary Judgment as to Count 7, Amended MOTION for Partial Summary Judgment as to Count 7 Declaratory Judgment and Incorporated Memorandum by Michael Cutler, Jonn A McClellan, Cheikh Robertson. Responses due by 9/22/2021 (Scarola, John)

September 7, 2021

Filing 72 RESPONSE to Motion re #70 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 9/14/2021. (Cuza, Jesus)

September 7, 2021

Filing 71 ANSWER and Affirmative Defenses to Amended Complaint by JM.JZ Enterprises, INC.. (Pike, Michael)

September 6, 2021

Filing 70 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Pike, Michael)

September 6, 2021

Filing 69 NOTICE OF WITHDRAWAL OF MOTION by JM.JZ Enterprises, INC. re #60 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint [D.E. 22] filed by JM.JZ Enterprises, INC. (Pike, Michael)

September 6, 2021

Filing 68 RESPONSE to Motion re #60 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint [D.E. 22] filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 9/13/2021. (Cuza, Jesus)

September 3, 2021

Filing 75 Clerks Notice to Filer re #66 Notice (Other),. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ebz)

September 3, 2021

Filing 67 Defendants ANSWER and Affirmative Defenses to Amended Complaint [DE 22] by Michael Cutler, Jonn A McClellan, Cheikh Robertson. (Scarola, John)

September 3, 2021

Filing 66 DEFENDANT'S RENEWED REQUEST T0 TAKE JUDICIAL NOTICE AND INCORPORATED MEMORANDUM OF LAW by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson Defendants' Renewed Request to Take Judicial Notice and Incorporated Memorandum of Law (Attachments: #1 Text of Proposed Order) (Scarola, John) Modified to convert document to a motion on 9/9/2021 (ebz).

September 2, 2021

Filing 65 Joint MOTION in Limine by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Attachments: #1 Exhibit A)(Pike, Michael)

September 1, 2021

Filing 64 PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Defendant JMJZ Enterprises Inc. has filed a Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint (DE #60 ), in which the remaining Defendants join (DE #62 ). The certificate of conferral reflects that the requested relief is opposed. In light of the procedural posture of this case, expedited briefing on Defendants' Motion is required. Accordingly, Plaintiffs shall respond the Motion for Extension of Time on or by September 6, 2021, and therein, Plaintiff shall fully explain the basis for its opposition. If Defendants wish to file a Reply, they may do so by September 7, 2021. However the Parties are advised that I will consider the Motion ripe upon the filing of the Response, and may choose to rule upon the Motion without need of a reply. Signed by Judge Donald M. Middlebrooks on 9/1/2021. (kal)

September 1, 2021

Filing 63 Clerks Notice to Filer re #62 Defendant's EXPEDITED MOTION Extension of Time to Respond to Plaintiffs Amended Complaint Joinder in Defendant JM.JZ Enterprises, Inc.'s Expedited Motion. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ebz)

September 1, 2021

Filing 62 Defendant's EXPEDITED MOTION Extension of Time to Respond to Plaintiffs Amended Complaint DE#22 First AMENDED COMPLAINT against Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson, filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Joinder in Defendant JM.JZ Enterprises, Inc.'s Expedited Motion by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Scarola, John) Modified to add document link on 9/1/2021 (ebz).

September 1, 2021

Filing 61 PAPERLESS ORDER denying without prejudice #57 Motion in Limine. The Defendants' motion does not comply with Southern District of Florida Local Rule 7.1(a)(3), which requires that prior to filing a motion, the party making the motion must confer with all parties in a good faith effort to resolve the issues raised. Conferral under Local Rule 7.1 must include a substantive give-and-take exchange with opposing counsel. Defendants must be mindful of the fact that if a motion is not opposed in its entirety, the certificate of conferral must identify the specific issues requiring judicial resolution. Defendants may only re-file this motion after making a meaningful effort to confer with opposing counsel, and any renewed motion must strictly comply with Local Rules. Signed by Judge Donald M. Middlebrooks on 9/1/2021. (kal)

August 31, 2021

Filing 60 MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint [D.E. 22] by JM.JZ Enterprises, INC.. (Pike, Michael)

August 30, 2021

Filing 59 Plaintiff's MOTION for Summary Judgment PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT by Jordan Kuppinger, MD, Gerald Molloy, MD. Responses due by 9/13/2021 (Cuza, Jesus)

August 30, 2021

Filing 58 Statement of: OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT by Jordan Kuppinger, MD, Gerald Molloy, MD (Attachments: #1 Exhibit Coastal Entity information, #2 Exhibit Affidavit of Jordan Kuppinger, #3 Exhibit Amended Shareholder Agreement, #4 Exhibit Dr. Kuppinger DOH Profile, #5 Exhibit February 28 Meeting Minutes (Shareholder), #6 Exhibit Feb. 18 2021 Letter to Mr. Pike, #7 Exhibit February 28 Meeting Minutes, #8 Exhibit Affidavit of Gerald Molloy, #9 Exhibit Molloy DOH Profile, #10 Exhibit March 22 Meeting Minutes, #11 Exhibit Molloy Resignation Letter, #12 Exhibit McClellan Coastal Profile and DOH Profile, #13 Exhibit Excerpts of M. Cutler's Deposition, #14 Exhibit Cheikh Resignation, #15 Exhibit Robertson rescind, #16 Exhibit February 22 Notice, #17 Exhibit Excerpts of McClellan's Deposition, #18 Exhibit March 17 Notice, #19 Exhibit Subsequent Meeting Notices, #20 Exhibit April 16 Meeting Minutes, #21 Exhibit February 20 Notice, #22 Exhibit Feb. 27 2021 Letter to Shareholders, #23 Exhibit Feb. 27 2021 Letter to Pike, #24 Exhibit Coastal Return of Service, #25 Exhibit Exchange of correspondences between counsel, #26 Exhibit McClellan text re 70k loan, #27 Exhibit McClellan Answers to First Set of Interrogatories, #28 Exhibit Excerpts of Corp. Rep.'s Deposition, #29 Exhibit Seventy Thousand Dollar Payment, #30 Exhibit Scarola Agreement and Payments to Searcy, #31 Exhibit Excerpts of Robertson's Deposition)(Cuza, Jesus)

August 30, 2021

Filing 57 Joint MOTION in Limine by JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (Attachments: #1 Exhibit A)(Pike, Michael)

August 30, 2021

Filing 56 MOTION for Summary Judgment by JM.JZ Enterprises, INC.. Responses due by 9/13/2021 (Pike, Michael)

August 30, 2021

Filing 55 Statement of: Undisputed Material Facts in Support of Defendant JM.JZ Enterprises, Inc.'s Motion for Summary Judgment as to Counts I, II, and VI by JM.JZ Enterprises, INC. (Attachments: #1 Exhibit 1 - Deposition Transcript of Jordan Kuppinger, #2 Exhibit 2 - Deposition Transcript of Gerald Molloy, #3 Exhibit 3 - Affidavit of JMJZ Enterprises, Inc.'s Corporate Representative, #4 Exhibit 4 - Affidavit of Jonn McClellan, #5 Exhibit 5 - Affidavit of Cara Valenti, #6 Exhibit 6 - Affidavit of Glenda Monkarsh)(Pike, Michael)

August 30, 2021

Filing 54 Statement of: Refiling Defendants' Statement of Material Facts in Support of Motion for Partial Summary Judgment as to Count 7 as a separate document by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson re #52 Defendant's MOTION for Partial Summary Judgment as to Count 7 (Scarola, John)

August 27, 2021

Filing 53 PAPERLESS ORDER denying without prejudice #51 Defendant JM.JZ Enterprises, Inc.'s Motion for Judicial Notice. The certificate of conferral states that "[o]pposing counsel has not responded to a request seeking the Plaintiffs' position on this motion." (DE #51 at 2). Defendant JM.JZ Enterprises, Inc.'s Motion is deficient for failure to confer as required by Local Rule 7.1(a)(3), which imposes a duty on both the moving party and opposing counsel to "act in good faith in attempting to resolve the dispute." S.D. Fla. L.R. 7.1(a)(3). Based upon the language in the certificate of conferral, it appears that counsel did not meaningfully attempt to comply with Local Rule 7.1(a)(3). Therefore, the Motion is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 8/27/2021. (apo)

August 27, 2021

Filing 52 Defendant's MOTION for Partial Summary Judgment as to Count 7 by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Responses due by 9/10/2021 (Attachments: #1 Appendix Statement of Material Facts, #2 Affidavit Affidavit of McClellan, #3 Affidavit Affidavit of Comiter, #4 Affidavit Affidavit of Cutler)(Scarola, John)

August 26, 2021

Filing 51 MEMORANDUM of Law Defendant's Request to Take Judicial Notice and Incorporated Memorandum of Law by JM.JZ Enterprises, INC.. (Attachments: #1 Text of Proposed Order)(Scarola, John)

August 26, 2021

Filing 50 NOTICE of Attorney Appearance by John Scarola on behalf of JM.JZ Enterprises, INC.. Attorney John Scarola added to party JM.JZ Enterprises, INC. (pty:dft). (Scarola, John)

August 24, 2021

Filing 49 ORDER ON MOTIONS TO DISMISS AND STRIKE. JM.JZ's Motion to Dismiss and Strike DE#24 is GRANTED IN PART AND DENIED IN PART. The Motion is granted to the extent that it seeks dismissal of Count V of the Amended Complaint. The remainder of the Motion is denied. The Individual Defendants' Motion to Dismiss and Strike DE#25 is GRANTED. Counts III, IV, and V of the Amended Complaint DE#22 are DISMISSED WITH PREJUDICE. Signed by Judge Donald M. Middlebrooks on 8/24/2021. See attached document for full details. (ebz)

August 3, 2021

Filing 48 PAPERLESS ORDER denying without prejudice #45 Defendant JM.JZ Enterprises, Inc.'s "Unopposed" Motion for Order to Show Cause Why Otto Fisher Should Not Be Held in Contempt and to Compel the Deposition of Otto Fisher. Defendant JM.JZ Enterprises, Inc.'s Motion fails to comply with Local Rule 7.1(a)(3), which requires counsel for the moving party to certify in the Motion that it has "confer[red] (orally or in writing), or ma[de] reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion." S.D. Fla. L.R. 7.1(a)(3). Although Defendant JM.JZ Enterprises, Inc., characterizes the Motion as unopposed, the certificate of conferral only indicates that its counsel conferred with counsel for the Parties to this litigation, not with the non-party who is the subject of the Motion. Accordingly, the Motion (DE #45 ) is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 8/3/2021. (apo)

August 3, 2021

Filing 47 ORDER denying #42 Plaintiffs' Motion to Compel Scheduling of Remaining Depositions and for Protective Order Regarding Defendants' Attempt to Have Second Day of Depositions for Each Plaintiff. Signed by Judge Donald M. Middlebrooks on 8/3/2021. See attached document for full details. (kal)

August 3, 2021

Filing 46 REPLY to Response to Motion re #45 Unopposed MOTION for Order to Show Cause Why Otto Fisher Should Not Be Held In ContemptUnopposed MOTION to Compel Deposition of Otto Fisher Joinder in Motion for Order to Show Cause Why Otto Fisher Should Not Be Held in Contempt and to Compel the Deposition of Otto Fisher filed by Michael Cutler, Jonn A McClellan, Cheikh Robertson. (Scarola, John)

August 2, 2021

Filing 45 Unopposed MOTION for Order to Show Cause Why Otto Fisher Should Not Be Held In Contempt, Unopposed MOTION to Compel Deposition of Otto Fisher ( Responses due by 8/16/2021) by JM.JZ Enterprises, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Boloy, Andrew)

July 30, 2021

Filing 44 RESPONSE in Opposition re #42 Plaintiff's EXPEDITED MOTION Compel dates for deposition and Protective Order Regarding Continuation of Plaintiffs' Depositions filed by Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. Attorney Michael James Pike added to party Michael Cutler(pty:dft), Attorney Michael James Pike added to party Jonn A McClellan(pty:dft), Attorney Michael James Pike added to party Cheikh Robertson(pty:dft). Replies due by 8/6/2021. (Pike, Michael)

July 28, 2021

Filing 43 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #42 Plaintiffs' Motion to Compel and for Protective Order. Because discovery is set to close on August 9, 2021, this matter requires expedited briefing. Therefore, as soon as practicable, but no later than 5 p.m. on July 30, 2021, Defendants shall file a response fully setting forth their position on the arguments contained within Plaintiffs' Motion and explaining the basis for any opposition to the relief requested. Plaintiffs are advised that I will consider the Motion ripe upon the filing of Defendants' response and reserve the right to rule on the Motion without need of a reply. I also note that, based upon their representations in recent filings, it appears that the Parties' recent requests for court intervention are a result of their lack of diligence in conducting discovery. The Parties are encouraged to cooperatively resolve the issues raised in this Motion, as I am not inclined to accommodate either side if they have failed to cooperate or diligently seek depositions. Signed by Judge Donald M. Middlebrooks on 7/28/2021. (kal)

July 27, 2021

Filing 42 Plaintiff's EXPEDITED MOTION Compel dates for deposition and Protective Order Regarding Continuation of Plaintiffs' Depositions by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Cuza, Jesus)

July 20, 2021

Filing 41 PAPERLESS ORDER denying without prejudice #40 Defendant JM.JZ Enterprises, Inc.'s Renewed Motion to Extend Deadlines. Discovery is set to close on August 9, 2021. (DE #5 at 5). Defendant JM.JZ Enterprises, Inc., seeks a 21-day extension of the discovery deadline and of several other pretrial deadlines, citing that it "has acted diligently in coordinating with the Parties and scheduling multiple depositions," all of which fall within the last few weeks of the discovery period, and one witness's apparent unavailability during the discovery period. (DE #40 at 2-4). Defendant JM.JZ Enterprises, Inc., represents that Plaintiffs oppose the Renewed Motion, except that Plaintiffs are amenable to scheduling one deposition beyond the discovery period if the witness is in fact unavailable during the discovery period. (See id. at 7). 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). As I noted in denying its prior request to modify the Pretrial Scheduling Order, Defendant JM.JZ Enterprises, Inc., fails to justify why, despite their diligence, the Parties have been unable to schedule the listed depositions within the nearly five months between the entry of the Pretrial Scheduling Order and the close of discovery. Moreover, based upon the dates of the scheduled depositions, I reiterate that the perceived need for an extension appears to be a result of a lack of diligence in conducting discovery. Therefore, the Renewed Motion is denied without prejudice. Nevertheless, I will permit the Parties to schedule a deposition, without further court intervention, of the unavailable witness beyond the discovery period, so long as they are in agreement and so long as no other pretrial deadlines are impacted. Signed by Judge Donald M. Middlebrooks on 7/20/2021. (kal)

July 16, 2021

Filing 40 MOTION for Extension of Time To Extend Court Ordered Deadlines by JM.JZ Enterprises, INC.. Responses due by 7/30/2021 (Boloy, Andrew)

July 14, 2021

Filing 39 PAPERLESS ORDER denying without prejudice #37 Defendant JM.JZ Enterprises, Inc.'s Motion to Extend Deadlines. According to the Pretrial Scheduling Order, the deadline to exchange trial witness lists was July 12, 2021, and discovery is set to close on August 9, 2021. (DE #5 at 5). Defendant JM.JZ Enterprises, Inc., seeks a 21-day extension of those deadlines and of several other pretrial deadlines, citing that "[a]lthough the parties have acted diligently, the depositions of key witnesses remain to be scheduled and cannot be scheduled within the discovery period due to conflicting calendars of counsel for the parties." (DE #37 at 1-2). Plaintiffs oppose the Motion in part, representing "that the remaining depositions can comfortably be completed within the discovery deadline." (DE #38 at 3). 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). Defendant JM.JZ Enterprises, Inc., fails to set forth a clear basis for extending the deadline to exchange trial witness lists. It also fails to justify why, despite their diligence, the Parties have been unable to schedule the depositions within the nearly five months between the entry of the Pretrial Scheduling Order and the close of discovery. Rather, based upon the representations in Plaintiffs' Response, the perceived need for an extension appears to be a result of Defendant JM.JZ Enterprises, Inc.'s lack of diligence in conducting discovery. As such, the Motion is denied without prejudice. Further, I do not find good cause at this time to compel Defendants to provide proposed dates within the discovery period to complete the depositions, as requested in Plaintiffs' Response. (See DE #38 ). The Parties should instead work cooperatively to attempt to comply with the pretrial deadlines set by the Court. Signed by Judge Donald M. Middlebrooks on 7/14/2021. (apo)

July 12, 2021

Filing 38 RESPONSE in Opposition re #37 MOTION for Extension of Time To Extend Court Ordered Deadlines filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 7/19/2021. (Cuza, Jesus)

July 9, 2021

Filing 37 MOTION for Extension of Time To Extend Court Ordered Deadlines by JM.JZ Enterprises, INC.. Attorney Andrew Joseph Boloy added to party JM.JZ Enterprises, INC. (pty:dft). Responses due by 7/23/2021 (Boloy, Andrew)

June 8, 2021

Filing 36 STATUS REPORT REGARDING MEDIATION by Jordan Kuppinger, MD, Gerald Molloy, MD (Cuza, Jesus)

June 1, 2021

Filing 35 REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT'S MOTION TO DISMISS re #31 RESPONSE to Motion re #24 Defendant's MOTION TO DISMISS 22 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM filed by Jordan Kuppinger, MD, Gerald Molloy, MD. filed by JM.JZ Enterprises, INC.. (Pike, Michael) Modified document link on 6/2/2021 (ebz).

May 26, 2021

Filing 34 ORDER. Rule 41 does not authorize the dismissal sought by Kuppinger. If Plaintiffs deem it appropriate, they may seek leave to amend the Amended Complaint in order to omit Count III. Signed by Judge Donald M. Middlebrooks on 5/26/2021. See attached document for full details. (ebz)

May 25, 2021

Filing 33 STATUS REPORT REGARDING MEDIATION by Jordan Kuppinger, MD, Gerald Molloy, MD (Cuza, Jesus)

May 25, 2021

Filing 32 NOTICE OF VOLUNTARY DISMISSAL AND WITHDRAWAL of Claim re #22 Amended Complaint/Amended Notice of Removal,, FOR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS by Jordan Kuppinger, MD. (Cuza, Jesus)

May 24, 2021

Filing 31 RESPONSE to Motion re #24 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM filed by Jordan Kuppinger, MD, Gerald Molloy, MD. Replies due by 6/1/2021. (Cuza, Jesus)

May 21, 2021

Filing 30 Case Reassignment of Paired Magistrate Judge to Magistrate Judge William Matthewman. Magistrate Judge Dave Lee Brannon no longer assigned to case. (bms)

May 13, 2021

Filing 29 PAPERLESS ORDER granting #28 Plaintiffs' Unopposed Motion for Extension of Time. The deadline for Plaintiffs to respond to Defendant JM.JZ Enterprises, Inc.'s Motion to Dismiss and Strike is May 17, 2021. (DE #24 ). Plaintiffs seek an extension until May 24, 2021, citing that "counsel has a variety of other pending hearings and deadlines" and "needs additional time to respond to the Motion." (DE #28 at 1). Although the basis for the extension is vague, I will grant the Motion and extend the deadline for Plaintiffs to respond to Defendant JM.JZ Enterprises, Inc.'s Motion to Dismiss and Strike (DE #24 ) to May 24, 2021. No other litigation deadlines are modified or amended as a result of this Order. Future requests for extensions must be supported by specific facts establishing good cause. Signed by Judge Donald M. Middlebrooks on 5/13/2021. (apo)

May 12, 2021

Filing 28 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #24 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Text of Proposed Order)(Rothschild, Philip)

May 10, 2021

Filing 27 STATUS REPORT ON MEDIATION by Jordan Kuppinger, MD, Gerald Molloy, MD (Cuza, Jesus)

May 7, 2021

Reset Deadlines Per DE#26. Mediation Report Deadline 5/10/2021. (cqs)

May 6, 2021

Filing 26 PAPERLESS ORDER REGARDING STATUS OF MEDIATION EFFORTS. The record reflects that a mediation conference was scheduled for April 27, 2021. (DE #15 ). Pursuant to Local Rule 16.2(f)(1), a mediation report must be filed within seven days following the mediation conference, which was on or before May 4, 2021. To date, no mediation report has been filed. Therefore, the Parties are directed to ensure that a mediation report is filed by May 10, 2021. Signed by Judge Donald M. Middlebrooks on 5/6/2021. (kal)

May 6, 2021

Filing 25 STRICKEN MOTION to Dismiss #22 Amended Complaint/Amended Notice of Removal,, Joinder in and Supplement to Motion to Dismiss and Strike of Defendant JM JZ Enterprises, Inc. and Incorporated Memorandum by Michael Cutler, Jonn A McClellan, Cheikh Robertson. Responses due by 5/20/2021 (Scarola, John) Modified Per DE#49 ORDER ON MOTIONS TO DISMISS AND STRIKE on 8/24/2021 (ebz).

May 3, 2021

Filing 24 Defendant's MOTION TO DISMISS #22 Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM by JM.JZ Enterprises, INC.. Responses due by 5/17/2021 (Pike, Michael)

April 20, 2021

Filing 23 PAPERLESS ORDER denying as moot #16 Defendant JM.JZ Enterprises, Inc.'s Motion to Dismiss. In light of Plaintiffs' First Amended Complaint (DE #22 ), Defendant JM.JZ Enterprises, Inc.'s Motion to Dismiss (DE #16 ) is denied as moot. Signed by Judge Donald M. Middlebrooks on 4/20/2021. (apo)

April 19, 2021

Filing 22 First AMENDED COMPLAINT against Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson, filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Shareholder Agreement, #2 Exhibit Contribution Agreement, #3 Exhibit Resignation letter, #4 Exhibit February 18, 2021 letter, #5 Exhibit Notice of shareholder and director meeting for February 25, #6 Exhibit February 27 letter to shareholders, #7 Exhibit February 27 letter to counsel)(Cuza, Jesus)

April 15, 2021

Filing 21 NOTICE of Serving Rule 26 Initial Disclosures by JM.JZ Enterprises, INC. (Pike, Michael)

April 15, 2021

Filing 20 PAPERLESS ORDER striking #19 Notice of Consent to Exercise of Jurisdiction by a U.S. Magistrate Judge, filed by Defendants Michael Cutler, Cheikh Robertson, and Jonn A. McClellan. The Notice represents that the Parties consent to the Magistrate Judge's jurisdiction over all further proceedings in this case, but it is only signed by three Defendants. If the Parties intend to consent to the Magistrate Judge's jurisdiction, they must file a consent form that is signed by all Parties. Signed by Judge Donald M. Middlebrooks on 4/15/2021. (kal)

April 14, 2021

Filing 19 STRICKEN per DE# 20 , Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties . Filed by Michael Cutler, Jonn A McClellan, Cheikh Robertson (Scarola, John) Modified text on 4/15/2021 (jas).

April 12, 2021

Filing 18 Initial Disclosure(s) by Michael Cutler, Jonn A McClellan, Cheikh Robertson (Scarola, John)

April 7, 2021

Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by Jordan Kuppinger, MD, Gerald Molloy, MD (Rothschild, Philip)

April 5, 2021

Filing 16 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by JM.JZ Enterprises, INC.. Responses due by 4/19/2021 (Pike, Michael)

April 2, 2021

Filing 15 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Bruce W. Greer as Mediator. Mediation Hearing set for 4/27/21 at 10:00 a.m.. (Rothschild, Philip)

March 30, 2021

Filing 14 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Michael Cutler, Jonn A McClellan, Cheikh Robertson. Attorney John Scarola added to party Michael Cutler(pty:dft), Attorney John Scarola added to party Jonn A McClellan(pty:dft), Attorney John Scarola added to party Cheikh Robertson(pty:dft). (Scarola, John)

March 29, 2021

Filing 13 NOTICE of Attorney Appearance by Peter A. Tappert on behalf of Cheikh Robertson. Attorney Peter A. Tappert added to party Cheikh Robertson(pty:dft). (Tappert, Peter)

March 26, 2021

Filing 12 PAPERLESS ORDER granting in part #11 Defendant JM.JZ Enterprises, Inc.'s Unopposed Motion for Extension of Time. Defendant JM.JZ Enterprises, Inc., seeks to extend the deadline for it to respond to the Complaint to April 15, 2021, citing that "counsel has a variety of other pending hearings and deadlines" and "needs additional time to reply to Plaintiff's Complaint." (DE #11 at 1). Although the basis for the extension is vague, I will grant the Motion in part and extend the deadline for Defendant JM.JZ Enterprises, Inc., to respond to the Complaint to April 5, 2021. Future requests for extensions will be denied unless the moving party can establish that a particular deadline could not be met despite diligent efforts. Signed by Judge Donald M. Middlebrooks on 3/26/2021. (apo)

March 26, 2021

Filing 11 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by JM.JZ Enterprises, INC.. (Pike, Michael)

March 25, 2021

Filing 10 NOTICE of Attorney Appearance by Michael James Pike on behalf of JM.JZ Enterprises, INC.. Attorney Michael James Pike added to party JM.JZ Enterprises, INC. (pty:dft). (Pike, Michael)

March 19, 2021

Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jordan Kuppinger, MD, Gerald Molloy, MD. Cheikh Robertson served on 3/10/2021, answer due 3/31/2021. (Cuza, Jesus)

March 19, 2021

Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jordan Kuppinger, MD, Gerald Molloy, MD. Jonn A McClellan served on 3/7/2021, answer due 3/29/2021. (Cuza, Jesus)

March 19, 2021

Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jordan Kuppinger, MD, Gerald Molloy, MD. Michael Cutler served on 3/7/2021, answer due 3/29/2021. (Cuza, Jesus)

March 19, 2021

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 Jordan Kuppinger, MD, Gerald Molloy, MD. JM.JZ Enterprises, INC. served on 3/10/2021, answer due 3/31/2021. (Cuza, Jesus)

March 18, 2021

Filing 5 Pretrial Scheduling Order And Order Referring Case To Mediation: ( Amended Pleadings due by 4/19/2021., Discovery due by 8/9/2021., Joinder of Parties due by 4/19/2021., In Limine Motions due by 8/30/2021., Dispositive Motions due by 8/30/2021., Motions due by 8/30/2021., Pretrial Stipulation due by 9/27/2021.) Signed by Magistrate Judge Dave Lee Brannon on 3/18/2021. 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.

March 16, 2021

Filing 4 ORDER Referring Case And Setting Trial Date: ( Jury Trial set for 10/25/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/20/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 3/15/2021. 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.

March 5, 2021

Filing 3 Summons Issued as to Michael Cutler, JM.JZ Enterprises, INC., Jonn A McClellan, Cheikh Robertson. (kpe)

March 5, 2021

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. (kpe)

March 5, 2021

Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14498437, filed by Jordan Kuppinger, MD, Gerald Molloy, MD. (Attachments: #1 Exhibit Shareholder Agreement, #2 Exhibit Contribution Agreement, #3 Exhibit Resignation letter, #4 Exhibit February 18, 2021 letter, #5 Exhibit Notice of shareholder and director meeting for February 26, #6 Exhibit February 27 letter to shareholders, #7 Exhibit February 27 letter to counsel, #8 Civil Cover Sheet, #9 Summon(s) JM JZ Enterprises, Inc., #10 Summon(s) Jonn McClellan, #11 Summon(s) Michael Cutler, #12 Summon(s) Chikh Robertson)(Cuza, Jesus)

Search for this case: Kuppinger, M.D. et al v. JM.JZ Enterprises, INC. et al
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Defendant: Jonn A McClellan
Represented By:	John Scarola
Represented By:	Michael James Pike
Represented By:	Andrew Joseph Boloy
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Defendant: Michael Cutler
Represented By:	John Scarola
Represented By:	Andrew Joseph Boloy
Represented By:	Michael James Pike
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Defendant: JM.JZ Enterprises, INC. a Florida corporation doing business as Coastal Health Group
Represented By:	Michael James Pike
Represented By:	Andrew Joseph Boloy
Represented By:	John Scarola
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Defendant: Cheikh Robertson
Represented By:	John Scarola
Represented By:	Peter A. Tappert
Represented By:	Andrew Joseph Boloy
Represented By:	Michael James Pike
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Plaintiff: Gerald Molloy, MD
Represented By:	Monica Vila Castro
Represented By:	Philip E. Rothschild
Represented By:	Jesus E. Cuza
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Plaintiff: Jordan Kuppinger, MD
Represented By:	Monica Vila Castro
Represented By:	Philip E. Rothschild
Represented By:	Jesus E. Cuza
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