Stone et al v. Safran et al
| Kelly Stone, Richard Butler and DermaCare Packaging & Private Label, LLC |
| Omri Safran, Texas Medical Technology, LLC and Menin Dimitri |
| 9:2022cv80369 |
| March 9, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| Defendant |
Docket Report
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This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.
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Filing 101
PAPERLESS ORDER GRANTING #100 : This matter is before the Court pursuant to Plaintiff's Motion to Strike [DE 100], wherein Plaintiff states that DE 99 was "inadvertently misfiled... and should be removed." Accordingly, upon review of DE 99 (which was intended to be filed in the Southern District of Texas), it is hereby ORDERED that Plaintiff's Motion to Strike [DE 100] is GRANTED and that DE 99 is STRICKEN. Signed by Magistrate Judge William Matthewman on 4/24/2023. (cpe)
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| Filing 100 First MOTION to Strike Document No. 99 by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Responses due by 5/5/2023 (Calle, Denise) |
| Filing 99 STRICKEN. STATUS REPORT Settlement Agreement Reached by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Calle, Denise) Modified per DE 101 Order on 4/24/2023 (ebz). |
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Filing 98
AMENDED ORDER Setting Jury Trial and Pretrial Deadlines: Jury Trial set for 2/12/2024 09:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Calendar Call set for 2/7/2024 02:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Discovery due by 11/6/2023. Mediation Deadline 11/13/2023. In Limine Motions due by 11/20/2023. Motions due by 11/20/2023. Pretrial Stipulation due by 1/22/2024. Signed by Magistrate Judge William Matthewman on 4/4/2023. See attached document for full details. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 97 STATUS REPORT Joint Proposed Scheduling Order by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Attachments: #1 Text of Proposed Order joint proposed scheduling order)(Calle, Denise) |
| Filing 96 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Status Conference held on 3/23/2023. The Court discussed the trial period and pretrial deadlines. Counsel will confer and both file on the docket and submit in Word format a joint proposed scheduling order on or before March 30, 2023. Written scheduling order will be issued. Total time in court: 18 minutes. Attorney Appearance(s): Jennifer Gross, Andrew R. Schindler. (Digital 10:32:46) (swr) |
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Filing 95
PAPERLESS ORDER GRANTING #94 : This matter is before the Court upon Plaintiffs Kelly Stone, Richard Butler, and DermaCare Packaging & Private Label, LLC's ("Plaintiffs") Motion for Leave to File Under Seal Plaintiffs' Motion for Sanctions for Defendants' Production of a Falsified Document in Discovery ("Motion") [DE 94]. Plaintiffs' Motion is somewhat threadbare as to why the entire motion needs to be sealed, although the Court understands that Defendants are the ones who are asserting confidentiality. Accordingly, while the Court is dubious that Plaintiffs' motion for sanctions needs or ought to be sealed, it is nonetheless ORDERED that Plaintiffs' Motion [DE 94] is GRANTED, contingent upon the Court's review of the actual contents of the motion for sanctions once it is filed under seal. The Court will subsequently review the sealed motion for sanctions and enter a further Order directing whether the motion should remain sealed in full, in part, or should be unsealed. Until the Court enters a further Order, the motion for sanctions shall remain under seal. Signed by Magistrate Judge William Matthewman on 3/13/2023. (cpe)
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| Filing 94 MOTION to Seal Plaintiffs' Motion for Sanctions for Producing a Falsified Document in Discovery per Local Rule 5.4 by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. (Attachments: #1 Text of Proposed Order Proposed Order for Leave to File Motion for Sanctions for Producing Falsified Document in Discovery Under Seal) (Calle, Denise) |
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Filing 93
PAPERLESS ORDER GRANTING #92 : This matter is before the Court pursuant to Defendants' Unopposed Motion to Reschedule March 8, 2023 Status Conference ("Unopposed Motion") [DE 92]. Accordingly, good cause being shown, it is hereby ORDERED that Defendants' Unopposed Motion [DE 92] is GRANTED. The Status Conference previously scheduled for March 8, 2023 at 2:30 p.m. is hereby RESET to March 23, 2023 at 10:30 a.m. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. Signed by Magistrate Judge William Matthewman on 3/7/2023. (cpe)
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| Filing 92 Unopposed MOTION Defendant's Unopposed Motion to Reschedule March 8, 2023, Status Conference (DE 91) re 91 Order,, Set/Reset Hearings, by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. (Schindler, Andrew)Relief Modified on 3/7/2023 (cqs). |
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Filing 91
PAPERLESS ORDER: This matter is before the Court sua sponte. In light of an unforeseen change in the Court's schedule, the status conference that is currently scheduled for March 9, 2023 at 2:30 p.m. is hereby RESET to March 8, 2023 at 2:30 p.m. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. Signed by Magistrate Judge William Matthewman on 3/6/2023. (cpe)
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Filing 90
PAPERLESS ORDER granting #88 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jessica Rifkin. Signed by Magistrate Judge William Matthewman on 2/17/2023. (cpe)
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| Filing 89 NOTICE of Attorney Appearance by Stuart N. Kaplan on behalf of Richard Butler, DermaCare Packaging & Private Label, LLC. Attorney Stuart N. Kaplan added to party Richard Butler(pty:pla), Attorney Stuart N. Kaplan added to party DermaCare Packaging & Private Label, LLC(pty:pla). (Kaplan, Stuart) |
| Filing 88 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jessica Rifkin. Filing Fee $ 200.00 Receipt # AFLSDC-16342129 by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Responses due by 3/3/2023 (Calle, Denise) |
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Filing 87
PAPERLESS ORDER granting #86 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joseph Andrew Harrison. Signed by Magistrate Judge William Matthewman on 2/17/2023. (cpe)
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| Filing 86 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph Andrew Harrison. Filing Fee $ 200.00 Receipt # AFLSDC-16340220 by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Responses due by 3/3/2023 (Calle, Denise) |
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Filing 85
PAPERLESS ORDER: During the January 31, 2023 Status Conference, the parties requested an early mediation in an effort to quickly resolve this case. To that end, the Court noted that it would set a further Status Conference approximately six weeks out to give the parties time to mediate this case before a firm trial date is set. Accordingly, it is hereby ORDERED that a further Status Conference shall be held on March 9, 2023, at 2:30 p.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. Should the parties be unable to settle the case in early mediation, the parties are again reminded that they shall confer prior to the hearing and be prepared to discuss: (1) proposed changes to the existing pretrial schedule; (2) an estimate of the time required for trial; (3) proposed trial dates, (4) the status of the current litigation, and (5) any other matters which need to be addressed by the parties or the Court. The current remaining pretrial deadlines remain STAYED until the Court issues an amended scheduling order. However, the parties shall file a Joint Notice of Mediation once the mediation date is set, and in the event of a settlement, they shall promptly file a Notice of Settlement. Signed by Magistrate Judge William Matthewman on 1/31/2023. (cpe)
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| Filing 84 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status Conference held via Zoom Video Teleconference on 1/31/2023. The parties discussed the procedural posture of the case and expressed an interest in early mediation. The Court noted that resetting the Status Conference would allow the parties the opportunity to engage in early mediation. Therefore, the Court will reset the Status Conference by separate order, for a date approximately six weeks from now. The Court will discuss an appropriate trial date and pretrial deadlines at that time, should the parties be unable to settle the case. Total time in court: 18 minutes. Attorney Appearance(s): Jennifer Gross, Denise Calle, Andrew R. Schindler. (Digital 15:02:16) (swr) |
| Filing 83 Defendants' ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. (Schindler, Andrew) |
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Filing 82
PAPERLESS ORDER GRANTING #81 : This matter is before the Court pursuant to Defendants' Second Unopposed Motion for Extension of Time to Respond to Second Amended Complaint ("Unopposed Motion") [DE 81]. Accordingly, in light of the fact that there are currently no controlling pretrial deadlines in place, it is hereby ORDERED that Defendants' Unopposed Motion [DE 81] is GRANTED. Defendants shall respond to the Second Amended Complaint on or before January 20, 2023. Signed by Magistrate Judge William Matthewman on 1/6/2023. (cpe)
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| Filing 81 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #73 Amended Complaint/Amended Notice of Removal by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. (Schindler, Andrew) |
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Filing 80
PAPERLESS ORDER GRANTING #75 and #76 : This matter is before the Court pursuant to: (1) the parties' Joint Motion to Amend Scheduling Order and for Continuance of Trial Date ("Joint Motion") [DE 75]; and (2) Defendant's Unopposed Motion for Extension of Time to Respond to Second Amended Complaint ("Unopposed Motion") [DE 76]. First, after careful consideration, it is hereby ORDERED that Defendant's Unopposed Motion [DE 76] is GRANTED. Defendant shall have until January 6, 2023 to respond to the Second Amended Complaint. Second, in light of the fact that the Court intends to conduct a status conference on January 31, 2023 (or earlier, if the Court's schedule permits), the parties' Joint Motion [DE 75] is GRANTED. After conducting the status conference, the Court will issue an amended scheduling order setting new pretrial deadlines based upon the trial date the parties are requesting. Thus, the remaining current pretrial deadlines referenced in the Joint Motion [DE 75 at 3] are hereby STAYED until the Court issues the amended scheduling order. Signed by Magistrate Judge William Matthewman on 12/30/2022. (cpe)
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Filing 79
PAPERLESS ORDER: THIS CAUSE is now set before the Undersigned United States Magistrate Judge for all further purposes, including trial. [DE 74; DE 77]. Being fully advised in the premises, the Court hereby ORDERS that a status conference shall be held on January 31, 2023, at 3:00 p.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. Counsel for the parties shall confer prior to the hearing and be prepared to discuss: (1) proposed changes to the existing pretrial schedule; (2) an estimate of the time required for trial; (3) proposed trial dates, (4) the status of the current litigation, and (5) any other matters which need to be addressed by the parties or the Court. Due to the Court's schedule and an upcoming trial, this is the earliest current date at which the Court can set the status conference. Should the Court's schedule change, the Court will endeavor to conduct the status conference earlier. Signed by Magistrate Judge William Matthewman on 12/30/2022. (cpe) Removed redundant text per chambers on 12/30/2022 (mf).
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| Hearing(s) terminated re: DE #70 as to prior presider. (jmd) |
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Filing 78
ORDER SETTING DISCOVERY PROCEDURE Signed by Magistrate Judge William Matthewman on 12/28/2022. See attached document for full details. (cqs)
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Filing 77
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Trial. Judge Donald M. Middlebrooks no longer assigned as presider judge in case. Signed by Judge Donald M. Middlebrooks on 12/27/2022. See attached document for full details. (cqs)
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| Filing 76 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #73 Amended Complaint/Amended Notice of Removal by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. (Schindler, Andrew) |
| Filing 75 Joint MOTION to Continue Pre-Trial Deadlines and Trial re #70 Order on Motion to Continue, by Texas Medical Technology, LLC. Responses due by 1/5/2023 (Schindler, Andrew) |
| Filing 74 First Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Calle, Denise) |
| Filing 73 Second AMENDED COMPLAINT against All Defendants, filed by Kelly Stone, DermaCare Packaging & Private Label, LLC, Richard Butler.(Calle, Denise) |
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Filing 72
AGREED PROTECTIVE ORDER,granting #71 Motion for Protective Order. Signed by Judge Donald M. Middlebrooks on 12/6/2022. See attached document for full details. (cqs)
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| Filing 71 Joint MOTION for Confidentiality Order by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. (Attachments: #1 Text of Proposed Order)(Schindler, Andrew) |
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Filing 70
ORDER granting #67 Motion to Continue. Discovery due by 1/13/2023. Dispositive Motions due by 1/20/2023. Motions due by 1/20/2023. Pretrial Stipulation due by 1/30/2023. Calendar Call set for 2/22/2023 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 2/27/2023 09:00 AM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 11/22/2022. See attached document for full details. (cqs)
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Filing 69
ORDER granting in part and denying in part #52 Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 11/21/2022. See attached document for full details. (cqs)
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Filing 68
ORDER granting #66 Motion to Withdraw as Attorney. Hannah Kreinik representing Stone, Kelly (Plaintiff) and Butler, Richard (Plaintiff) and DermaCare Packaging & Private Label, LLC (Plaintiff); withdrawn from case. Notice of Termination delivered by US Mail to Hannah Kreinik. Signed by Judge Donald M. Middlebrooks on 11/9/2022. See attached document for full details. (cqs)
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| Filing 67 Joint MOTION to Continue Discovery, Pretrial Deadlines and Trial by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Responses due by 11/21/2022 (Calle, Denise) |
| Filing 66 MOTION to Withdraw as Attorney Hannah Kreinik by Denise Calle for / by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Responses due by 11/15/2022 (Attachments: #1 Text of Proposed Order ORDER GRANTING MOTION TO WITHDRAW COUNSEL)(Calle, Denise) |
| Filing 65 Statement of: Joint Status Report by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Calle, Denise) |
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Filing 64
PAPERLESS ORDER REQUIRING FILING OF STATUS REPORT. The record reflects that there has been no docket activity in this case since the motion to dismiss became ripe in mid-July. Therefore, on or before October 11, 2022, the Parties shall jointly submit a status report, advising the court what recent progress has been made in the litigation of this matter, including whether discovery was completed by the September 22nd cutoff date set forth in the Pretrial Scheduling Order (DE #28 ). Signed by Judge Donald M. Middlebrooks on 10/4/2022. (kal)
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Filing 63
PAPERLESS ORDER STAYING DISPOSITIVE MOTIONS DEADLINE. This cause comes before the court sua sponte. On June 15, 2022, Defendants filed a Motion to Dismiss. (DE #52 ). The Motion is fully briefed. To avoid overlap with the dispositive motions deadline of October 6, 2022, I will terminate and stay that deadline only pending my forthcoming ruling on Defendants' Motion to Dismiss. No other deadlines set forth in the Pretrial Scheduling Order (DE #28 ) are modified or extended at this time. Signed by Judge Donald M. Middlebrooks on 10/4/2022. (kal)
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| Filing 62 Defendant's REPLY to Response to Motion re #52 MOTION to Dismiss for Lack of Jurisdiction #43 Amended Complaint/Amended Notice of Removal filed by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. (Attachments: #1 Exhibit A)(Schindler, Andrew) |
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Filing 61
PAPERLESS ORDER granting #60 Defendants' Unopposed Motion for Leave to File in Excess of Page Limits and Motion for Extension of Time. Defendants seek a 1-day extension of time to file their reply in support of their Motion to Dismiss (DE #52 ), and they additionally seek leave to file a 15-page reply. The certificate of conferral indicates that the motion is unopposed. Having reviewed the motion and finding good cause therein, the motion is granted. Accordingly, Defendants' reply is due on or by July 19, 2022 and may not exceed 15 pages. Signed by Judge Donald M. Middlebrooks on 7/15/2022. (ifr)
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| Filing 60 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #52 MOTION to Dismiss for Lack of Jurisdiction #43 Amended Complaint/Amended Notice of Removal by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. (Schindler, Andrew) |
| Filing 59 AFFIDAVIT signed by: Kelly Stone re #55 Response in Opposition to Motion, by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Attachments: #1 Affidavit Sistie Kimelman, #2 Affidavit Arlene Butler, #3 Affidavit Brent Butler, #4 Affidavit Carl Edwards, #5 Affidavit Carol McCamy, #6 Affidavit Henry Delaney, #7 Affidavit Isabella Gorski, #8 Affidavit Jarrett Butler, #9 Affidavit John Stone, #10 Affidavit Rick Bolufe, #11 Affidavit Russ Rossi, #12 Affidavit William McCamy)(Calle, Denise) |
| Filing 58 AFFIDAVIT signed by: Daniel Weinstock re #55 Response in Opposition to Motion, by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Calle, Denise) |
| Filing 57 AFFIDAVIT signed by: Richard Butler re #55 Response in Opposition to Motion, by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Calle, Denise) |
| Filing 56 AFFIDAVIT signed by: Samuel Katz re #52 MOTION to Dismiss for Lack of Jurisdiction #43 Amended Complaint/Amended Notice of Removal by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Calle, Denise) |
| Filing 55 RESPONSE in Opposition re #52 MOTION to Dismiss for Lack of Jurisdiction #43 Amended Complaint/Amended Notice of Removal filed by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Replies due by 7/18/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Calle, Denise) |
| Reset Deadlines Per DE#54. Responses due by 7/8/2022 (cqs) |
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Filing 54
PAPERLESS ORDER granting #53 Plaintiffs' Unopposed Motion for Extension of Time and for Leave to File Response in Excess of Page Limits. Plaintiffs request a 9-day extension of time to respond to Defendants' Motion to Dismiss and seek leave to file a 28-page response. I find good cause to grant these unopposed requests. Accordingly, Plaintiffs must respond to Defendants' Motion to Dismiss (DE #52 ) on or by July 8, 2022. Plaintiffs' response may not exceed 28 pages. Signed by Judge Donald M. Middlebrooks on 6/28/2022. (ifr)
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| Filing 53 First MOTION for Extension of Time to File Response/Reply/Answer as to #52 MOTION to Dismiss for Lack of Jurisdiction #43 Amended Complaint/Amended Notice of Removal by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. (Attachments: #1 Proposed Order)(Calle, Denise) |
| Filing 52 MOTION to Dismiss for Lack of Jurisdiction #43 Amended Complaint/Amended Notice of Removal by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. Responses due by 6/29/2022 (Attachments: #1 Affidavit Dec of TMT, #2 Affidavit Dec of Dimitri Menin, #3 Affidavit Dec of Hannah Hertzel, #4 Affidavit Dec of Omri Shafran, #5 Exhibit 1 - Shafran Decl., #6 Exhibit 2 - Shafran Decl)(Schindler, Andrew) |
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Filing 51
PAPERLESS ORDER granting #50 Defendants' Unopposed Motion for Leave to File Response to Complaint in Excess of Page Limitations. Having reviewed the Motion and finding good cause set forth therein, Defendants' unopposed motion is granted. Defendants' response to the First Amended Complaint may not exceed 28 pages, excluding the case caption, table of contents, table of authorities and signature blocks. Signed by Judge Donald M. Middlebrooks on 6/14/2022. (ifr)
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| Filing 50 Unopposed MOTION for Leave to File RESPONSE TO COMPLAINT IN EXCESS OF PAGE LIMITATIONS by Menin Dimitri, Omri Safran, Texas Medical Technology, LLC. Attorney Andrew R. Schindler added to party Menin Dimitri(pty:dft). (Schindler, Andrew) |
| Filing 49 WAIVER OF SERVICE Returned Executed by Omri Safran, Texas Medical Technology, LLC. Menin Dimitri waiver sent on 6/7/2022, response/answer due 8/8/2022. (Schindler, Andrew) |
| Filing 48 Summons Issued as to Menin Dimitri. (cqs) |
| Filing 47 NOTICE of Filing Proposed Summons(es) by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone (Calle, Denise) |
| Filing 46 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Menin Dimitri. (Calle, Denise) |
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Filing 45
PAPERLESS ORDER denying as moot #32 Amended Motion to Dismiss, in light of Plaintiffs' filing of the First Amended Complaint (DE #43 ). Signed by Judge Donald M. Middlebrooks on 6/3/2022. (kal)
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| Filing 44 Clerks Notice to Filer re #43 Amended Complaint/Amended Notice of Removal. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (pcs) |
| Filing 43 First AMENDED COMPLAINT against All Defendants, filed by Kelly Stone, DermaCare Packaging & Private Label, LLC, Richard Butler. (Attachments: #1 Appendix Original Complaint)(Calle, Denise) |
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Filing 42
PAPERLESS ORDER granting #41 Defendants' Unopposed Motion for Extension of Time to File Reply. Defendants seek an unopposed extension of time until June 10, 2022 to file a Reply in support of their Amended Motion to Dismiss (DE #32 ). Based on the representations in the motion, and in light of Plaintiffs' lack of opposition, I find good cause to grant the requested relief. Accordingly, Defendants must file their Reply on or by June 10, 2022. Signed by Judge Donald M. Middlebrooks on 6/1/2022. (kal)
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| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #32 Amended MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by Omri Safran, Texas Medical Technology, LLC. (Attachments: #1 Text of Proposed Order)(Schindler, Andrew) |
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Filing 40
PAPERLESS ORDER granting #34 Plaintiffs' Unopposed Motion to File One Day Out of Time. Having reviewed the motion and finding good cause therein, the motion is granted. Plaintiffs' may file their brief in opposition to Defendants' Motion to Dismiss (DE #32 ) on May 25, 2022. Signed by Judge Donald M. Middlebrooks on 5/26/2022. (kal)
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| Filing 39 Clerks Notice to Filer re #38 Response in Opposition to Motion,. Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (cqs) |
| Filing 38 DECLARATION OF KELLY STONE re #32 Amended MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Replies due by 6/1/2022. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit, #10 Affidavit)(Calle, Denise)Text Modified on 5/26/2022 (cqs). |
| Filing 37 AFFIDAVIT in Opposition re #32 Amended MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. (Calle, Denise) |
| Filing 36 AFFIDAVIT in Opposition re #32 Amended MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Calle, Denise) |
| Filing 35 RESPONSE in Opposition re #32 Amended MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, filed by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Replies due by 6/1/2022. (Attachments: #1 Exhibit Consolidated Exh. 1, #2 Exhibit Exh. 2, #3 Exhibit Consolidated Exh. 3, #4 Exhibit Exh. 4)(Calle, Denise) |
| Filing 34 Consent MOTION for Leave to File One Day Out of Time by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. (Attachments: #1 Text of Proposed Order)(Calle, Denise) |
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Filing 33
PAPERLESS ORDER denying as moot #25 Motion to Dismiss, in light of Defendants' filing of an Amended Motion to Dismiss (DE #32 ). Signed by Judge Donald M. Middlebrooks on 5/12/2022. (kal)
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| Filing 32 Amended MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by Omri Safran, Texas Medical Technology, LLC. Responses due by 5/24/2022 (Attachments: #1 Affidavit, #2 Exhibit Ex. 1 - Shafran Decl., #3 Exhibit Ex. 2 - Shafran Decl., #4 Affidavit)(Schindler, Andrew) |
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Filing 31
PAPERLESS ORDER granting #30 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs seek an unopposed extension of time to respond to Defendants' Motion to Dismiss (DE #25 ) from May 9, 2022 until May 16, 2022. Good cause having been shown, the motion is granted. Plaintiffs shall respond to the Motion to Dismiss on or by May 16, 2022. Signed by Judge Donald M. Middlebrooks on 5/9/2022. (kal)
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| Filing 30 First MOTION for Extension of Time to File Response/Reply/Answer as to #25 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Or, Alternatively, Motion to Dismiss for Failure to State a Claim for Relief by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. (Attachments: #1 Motion for Extension, #2 Proposed Order)(Calle, Denise) |
| Filing 29 NOTICE of filing the Amended Declaration of Omri Shafran by Omri Safran, Texas Medical Technology, LLC re #25 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Or, Alternatively, Motion to Dismiss for Failure to State a Claim for Relief (Attachments: #1 Affidavit) (Schindler, Andrew)Text Modified on 5/5/2022 (cqs). |
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Filing 28
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 6/2/2022., Discovery due by 9/22/2022., Joinder of Parties due by 6/2/2022., In Limine Motions due by 10/6/2022., Dispositive Motions due by 10/6/2022., Motions due by 10/6/2022., Pretrial Stipulation due by 11/7/2022.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 4/27/2022. See attached document for full details. (cds)
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| Filing 27 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 4/27/2022. There is a motion to dismiss pending. The Court discussed whether parties would be added, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 24 minutes. Attorney Appearance(s): Jennifer Gross, Hannah Kreinik, Denise Calle, Andrew R. Schindler. (Digital 14:00:02) (kza) |
| Filing 26 NOTICE by Omri Safran, Texas Medical Technology, LLC re #25 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Or, Alternatively, Motion to Dismiss for Failure to State a Claim for Relief (Attachments: #1 Affidavit TMT, #2 Affidavit Shafran, #3 Exhibit 1, #4 Exhibit 2) (Schindler, Andrew) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, Or, Alternatively, Motion to Dismiss for Failure to State a Claim for Relief by Omri Safran, Texas Medical Technology, LLC. Responses due by 5/9/2022 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schindler, Andrew) |
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Filing 24
PAPERLESS ORDER granting #23 Unopposed Motion for Leave to File Response to Complaint in Excess of Page Limit. Defendants seek an extension of the page limits for its motion to dismiss the complaint, to exceed five pages. Good cause having been shown, the motion is granted. Signed by Judge Donald M. Middlebrooks on 4/25/2022. (kal)
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| Filing 23 Unopposed MOTION for Leave to File Response to Complaint in Excess of Page Limitations by Omri Safran, Texas Medical Technology, LLC. (Schindler, Andrew) |
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Filing 22
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/27/2022 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 4/21/2022. (cpe)
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| Filing 21 NOTICE of Attorney Appearance by Ari Chaim Shapiro on behalf of Omri Safran, Texas Medical Technology, LLC. Attorney Ari Chaim Shapiro added to party Omri Safran(pty:dft), Attorney Ari Chaim Shapiro added to party Texas Medical Technology, LLC(pty:dft). (Shapiro, Ari) |
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Filing 20
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 12/5/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 11/30/2022 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 4/20/2022. See attached document for full details. (cds) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 19
ORDER Granting in Part #7 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Omri Safran. Response/Answer due 4/25/2022; Texas Medical Technology, LLC. Response/Answer due 4/25/2022. Signed by Judge Donald M. Middlebrooks on 4/8/2022. See attached document for full details. (cds)
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| Filing 18 Clerks Notice to Filer re #17 Notice/Motion of Withdrawal/(Notice of Striking). Wrong Event Selected; ERROR - The Filer selected a motion instead of filing the Notice of Striking per the Clerk's Notice ECF No. 14. The document was corrected by the Clerk, into a Notice of Striking. It is not necessary to refile this document. (sk) |
| Filing 17 Notice/Motion of Withdrawal/(Notice of Striking) of Document #13 Response in Opposition to Motion, by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. (Calle, Denise) Modified text/status per Chambers on 4/8/2022 (sk). |
| Filing 16 RESPONSE in Opposition re #7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, Corrected Opposition to Motion for Extension of Time to Respond to Complaint filed by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Replies due by 4/14/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Calle, Denise) |
| Filing 15 Defendant's REPLY to Response to Motion re #7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, filed by Omri Safran, Texas Medical Technology, LLC. (Attachments: #1 Exhibit a)(Schindler, Andrew) |
| Filing 14 Clerks Notice to Filer re #13 Response in Opposition to Motion,. 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. (cqs) |
| Filing 13 (STRICKEN see ECF No. #17 ) RESPONSE in Opposition re #7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, filed by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Replies due by 4/13/2022. (Attachments: #1 Exhibit Exh. A, #2 Exhibit Exh. B, #3 Exhibit Exh. C, #4 Exhibit Exh. D)(Calle, Denise) Modified text/status per Chambers on 4/8/2022 (sk). |
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Filing 12
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Hannah Kreinik. Signed by Judge Donald M. Middlebrooks on 4/5/2022. (kal)
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Filing 11
PAPERLESS ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jennifer Gross. Signed by Judge Donald M. Middlebrooks on 4/5/2022. (kal)
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Filing 10
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING re #7 Defendants' Motion for Extension of Time. Defendants seek an extension of time to respond to the complaint from April 5, 2022 until May 5, 2022 based on several specific reasons. Defendants represent that Plaintiffs are amenable to a three-day extension. Having reviewed the motion, I am inclined to grant an extension of time that exceeds the three days to which Plaintiffs consent. However, because the motion is largely opposed, Plaintiffs may respond on or by April 6, 2022 fully setting forth the basis for their opposition. Signed by Judge Donald M. Middlebrooks on 4/5/2022. (kal)
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| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hannah Kreinik. Filing Fee $ 200.00 Receipt # AFLSDC-15531744 by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Responses due by 4/19/2022 (Calle, Denise) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer Gross. Filing Fee $ 200.00 Receipt # AFLSDC-15529670 by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone. Responses due by 4/18/2022 (Calle, Denise) |
| Filing 7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Omri Safran, Texas Medical Technology, LLC. Attorney Andrew R. Schindler added to party Omri Safran(pty:dft), Attorney Andrew R. Schindler added to party Texas Medical Technology, LLC(pty:dft). (Schindler, Andrew) |
| 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 Kelly Stone, DermaCare Packaging & Private Label, LLC, Richard Butler. Omri Safran served on 3/15/2022, response/answer due 4/5/2022; Texas Medical Technology, LLC served on 3/15/2022, response/answer due 4/5/2022. (Calle, Denise) |
| Filing 5 Summons Issued as to Omri Safran, Texas Medical Technology, LLC. (cqs) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by Richard Butler, DermaCare Packaging & Private Label, LLC, Kelly Stone re #1 Complaint, filed by DermaCare Packaging & Private Label, LLC, Kelly Stone, Richard Butler (Calle, Denise) |
| Filing 3 Bar Letter re: Admissions sent to attorney Jennifer Gross and Benjamin England, mailing date March 10, 2022, (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (ail) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15461977, filed by Kelly Stone, DermaCare Packaging & Private Label, LLC, Richard Butler. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet (JS-44) with Attachment)(Calle, Denise) |
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