NOBU BABY, LLC v. Gould et al
| NOBU BABY, LLC |
| Mitch Gould, Sherry Gould, Mike Myrthil and Jeff Fernandez |
| 9:2022cv80722 |
| May 12, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 19, 2022. A more recent docket listing may be available from PACER.
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Filing 34
ORDER GRANTING JOINT MOTION TO APPROVE STIPULATION FOR DISMISSAL AND CLOSING CASE: ORDER Granting #33 Motion to Dismiss. Closing Case. Motions Terminated: #6 Defendant's MOTION to Compel Arbitration Defendant's MOTION to Dismiss with Prejudice #1 Complaint, filed by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil, #33 Joint MOTION to Dismiss with Prejudice 32 Order,,, Set/Reset Deadlines,, Pursuant to Settlement Agreement filed by NOBU BABY, LLC, #29 STIPULATED MOTION for Substitution of Counsel. Substituting Robert J Hantman for Craig Oberweger, filed by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. Signed by Judge Donald M. Middlebrooks on 12/19/2022. See attached document for full details. (nan)
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| Filing 33 Joint MOTION to Dismiss with Prejudice 32 Order,,, Set/Reset Deadlines,, Pursuant to Settlement Agreement by NOBU BABY, LLC. Responses due by 12/27/2022 (Attachments: #1 Exhibit Joint Stipulation)(Tygar, Neil) |
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Filing 32
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. The Parties have filed a Notice of Settlement (DE #30 ) and the Court congratulates them on their amicable resolution of this case. As set forth in the Scheduling Order (DE #16 ), closing documents shall be filed within 10 days, or by December 12, 2022. Until appropriate closing documents are filed, all deadlines set forth in the Scheduling Order will remain in effect. Signed by Judge Donald M. Middlebrooks on 12/8/2022. (kal)
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Filing 31
PAPERLESS ORDER: In light of the representations made in the parties' Joint Notice of Settlement [DE 30], Plaintiff's Motion to Compel Discovery #26 is DENIED AS MOOT. Signed by Magistrate Judge William Matthewman on 12/2/2022. (no00)
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| Filing 30 NOTICE of Settlement Joint by NOBU BABY, LLC (Tygar, Neil) |
| Filing 29 STIPULATED MOTION for Substitution of Counsel. Substituting Robert J Hantman for Craig Oberweger, by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. Responses due by 12/15/2022 (Hantman, Robert) |
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Filing 28
ORDER APPROVING #21 Motion for Substitution of Counsel. Attorney Robert J. Hantman added. Attorney Kenyetta Nicole Alexander representing Gould, Mitch (Defendant) and Gould, Sherry (Defendant); Attorney Craig M Oberweger representing Gould, Mitch (Defendant) and Gould, Sherry (Defendant); and Myrthil, Mike (Defendant); and Fernandez, Jeff (Defendant); ; Attorney Mark R. Osherow representing Gould, Mitch (Defendant) and Gould, Sherry (Defendant); and Myrthil, Mike (Defendant); and Fernandez, Jeff (Defendant); terminated. Signed by Judge Donald M. Middlebrooks on 11/30/2022. See attached document for full details. (drz)
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Filing 27
ORDER REFERRING CASE to Magistrate Judge William Matthewman on all discovery motions. Signed by Judge Donald M. Middlebrooks on 11/28/2022. See attached document for full details. (nan)
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| Filing 26 MOTION to Compel Discovery and Memorandum of law in support by NOBU BABY, LLC. Responses due by 12/2/2022 (Attachments: #1 Exhibit A Discovery Responses, #2 Text of Proposed Order)(Tygar, Neil) |
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Filing 25
ORDER REFERRING MOTION TO MAGISTRATE JUDGE FOR REPORT AND RECOMMENDATION: ORDER REFERRING #6 Defendant's MOTION to Compel Arbitration Defendant's MOTION to Dismiss with Prejudice #1 Complaint, filed by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. Motions referred to Judge William Matthewman. Signed by Judge Donald M. Middlebrooks on 11/17/2022. See attached document for full details. (nan)
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| Filing 24 RESPONSE to Motion re #21 STIPULATED MOTION for Substitution of Counsel. Substituting Robert J Hantman for Craig Oberweger, filed by NOBU BABY, LLC. Replies due by 11/28/2022. (Tygar, Neil) |
| Filing 23 Witness List by NOBU BABY, LLC.. (Tygar, Neil) |
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Filing 22
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. On November 14, 2022, Defendants filed a Motion for Substitution of Counsel in which they request to substitute attorney Robert J. Hantman in the place of attorneys Craig Oberweger, Mark R. Osherow, and Kenyatta Alexander. (DE 21). Defendants' certificate of conferral reflects that counsel for Plaintiff "is not sure if he has an objection but does not want to give up the scheduled discovery dates." I am inclined to grant this motion, but not without clarity regarding Plaintiff's position. Moreover, the granting of this motion will have no impact on the existing litigation schedule unless new counsel can make a compelling showing of good cause to extend any particular deadline. In the interest of ruling on this motion without unnecessary delay, and because Plaintiff's position is unknown, I will expedite briefing. Plaintiff shall respond to the motion by tomorrow, November 18, 2022, advising the court of its position on the relief requested. Alternatively, if further conferral reveals that the motion is unopposed, Defendant may update its certificate of conferral by that date. Signed by Judge Donald M. Middlebrooks on 11/17/2022. (kal)
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| Filing 21 STIPULATED MOTION for Substitution of Counsel. Substituting Robert J Hantman for Craig Oberweger, by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. Attorney Robert J. Hantman added to party Jeff Fernandez(pty:dft), Attorney Robert J. Hantman added to party Mitch Gould(pty:dft), Attorney Robert J. Hantman added to party Sherry Gould(pty:dft), Attorney Robert J. Hantman added to party Mike Myrthil(pty:dft). Responses due by 11/28/2022 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hantman, Robert) |
| Filing 20 Clerk's Appointment of Mediator: Steven A. Mayans added (pt) |
| Filing 19 Request for Clerk to Appoint Mediator(Tygar, Neil) |
| Filing 18 Notice of Ninety Days Expiring by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. Attorney Mark R. Osherow added to party Jeff Fernandez(pty:dft), Attorney Mark R. Osherow added to party Mike Myrthil(pty:dft). (Osherow, Mark) |
| Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by NOBU BABY, LLC (Tygar, Neil) |
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Filing 16
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 8/25/2022., Discovery due by 12/15/2022., Fact Discovery due by 12/15/2022., Expert Discovery due by 12/15/2022., Joinder of Parties due by 8/25/2022., In Limine Motions due by 12/29/2022., Dispositive Motions due by 12/29/2022., Motions due by 12/29/2022., Pretrial Stipulation due by 1/30/2023., Jury Trial set for 2/27/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 2/22/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 7/13/2022. See attached document for full details. (ebz) #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 15 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 07/13/2022. Plaintiff's counsel was late for the hearing. 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: 35 minutes. Attorney Appearance(s): Neil Bryan Tygar, Mark R. Osherow, Craig M Oberweger. (Digital 11:29:58) (kza) |
| Filing 14 Defendant's REPLY to #12 Response to Motion TO COMPEL ARBITRATION AND STAY LITIGATION OR, ALTERNATIVELY, MOTION TO DISMISS COMPLAINT by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. (Oberweger, Craig) |
| Filing 13 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Kenyetta Nicole Alexander re #11 Notice of Change of Address, Email or Law Firm Name. Attorney Kenyetta Nicole Alexander has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 12 RESPONSE to Motion re #6 Defendant's MOTION to Compel Arbitration Defendant's MOTION to Dismiss with Prejudice #1 Complaint, filed by NOBU BABY, LLC. Replies due by 7/8/2022. (Tygar, Neil) |
| Filing 11 NOTICE of Change of Address, Email or Law Firm Name by Kenyetta Nicole Alexander (Alexander, Kenyetta) |
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Filing 10
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/13/2022 at 11:30 AM 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 6/28/2022. (cpe)
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Filing 9
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference, and Setting Trial Date. (Calendar Call set for 2/22/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 2/27/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 6/27/2022. See attached document for full details. (ls)
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| Filing 8 NOTICE of Attorney Appearance by Mark R. Osherow on behalf of Mitch Gould, Sherry Gould. Attorney Mark R. Osherow added to party Mitch Gould(pty:dft), Attorney Mark R. Osherow added to party Sherry Gould(pty:dft). (Osherow, Mark) |
| Filing 7 NOTICE of Attorney Appearance by Kenyetta Nicole Alexander on behalf of Mitch Gould, Sherry Gould. Attorney Kenyetta Nicole Alexander added to party Mitch Gould(pty:dft), Attorney Kenyetta Nicole Alexander added to party Sherry Gould(pty:dft). (Alexander, Kenyetta) |
| Filing 6 Defendant's MOTION to Compel Arbitration ( Responses due by 7/1/2022), Defendant's MOTION to Dismiss with Prejudice #1 Complaint, by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. (Attachments: #1 Exhibit Ex. A In Health Contract, #2 Exhibit Ex B NPI Contract)(Oberweger, Craig) |
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Filing 5
PAPERLESS ORDER granting in part #4 Defendants' Unopposed Motion for Extension. Defendants' deadline to respond to Plaintiff's Complaint was June 9, 2022. (DE #3 ). Defendants seek a 14-day extension of this deadline, citing that counsel was recently retained and needs additional time to review the Complaint. Defendants' Motion does not contain sufficient facts for me to evaluate whether good cause exists for the relief requested. However, because the Motion is unopposed, I will grant it in part and extend Defendants' deadline to respond to the Complaint until June 17, 2022. The Parties are cautioned that future motions for extensions of time will be denied unless they establish good cause supported by specific facts. Signed by Judge Donald M. Middlebrooks on 6/13/2022. (kal)
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| Filing 4 First MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. Attorney Craig M Oberweger added to party Jeff Fernandez(pty:dft), Attorney Craig M Oberweger added to party Mitch Gould(pty:dft), Attorney Craig M Oberweger added to party Sherry Gould(pty:dft), Attorney Craig M Oberweger added to party Mike Myrthil(pty:dft). (Oberweger, Craig) |
| Filing 3 Summons Issued as to Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. (nan) |
| 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. (nan) |
| Filing 1 COMPLAINT against Jeff Fernandez, Mitch Gould, Sherry Gould, Mike Myrthil. Filing fees $ 402.00 receipt number AFLSDC-15634564, filed by NOBU BABY, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhbit D, #5 Summon(s), #6 Civil Cover Sheet)(Tygar, Neil) |
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