Discover Growth Fund, LLC v. Clickstream Corporation
| Discover Growth Fund, LLC |
| Clickstream Corporation |
| 9:2023cv81006 |
| July 7, 2023 |
| US District Court for the Southern District of Florida |
| West Palm Beach Office |
| Bruce E Reinhart |
| Robin L Rosenberg |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on August 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Discover Growth Fund, LLC identifying Other Affiliate Discover Fund Management, LLLP, Other Affiliate Discover Fund Management, Inc. for Discover Growth Fund, LLC (Widom, Mitchell) |
| Filing 47 Joint SCHEDULING REPORT - Rule 26(f) by Discover Growth Fund, LLC (Attachments: #1 Text of Proposed Order)(Widom, Mitchell) |
Filing 46
PAPERLESS ORDER granting #45 Motion for Extension of Time. Signed by Judge Robin L. Rosenberg (bkd)
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| Filing 45 Joint MOTION for Extension of Time to File Scheduling Report by Discover Growth Fund, LLC. Responses due by 8/21/2023 (Attachments: #1 Text of Proposed Order)(Widom, Mitchell) |
| Filing 44 Clerk's Notice to Filer re #42 Waiver of Service Executed. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see DE# 43 . It is not necessary to refile this document. (jas) |
| Filing 43 WAIVER OF SERVICE Returned Executed by Discover Growth Fund, LLC. Clickstream Corporation waiver sent on 7/31/2023, response/answer due 9/29/2023. (See DE#42 for document image). (jas) |
| Filing 42 WAIVER OF SERVICE Returned Executed by Discover Growth Fund, LLC. Clickstream Corporation waiver sent on 7/21/2023, response/answer due 9/19/2023. (Widom, Mitchell) |
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Filing 41
PAPERLESS ORDER granting #39 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Lee Sacks. Signed by Magistrate Judge Bruce E. Reinhart on 7/31/2023. (hk02)
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| Filing 40 NOTICE of Attorney Appearance by Julie Feigeles on behalf of Clickstream Corporation. Attorney Julie Feigeles added to party Clickstream Corporation(pty:dft). (Feigeles, Julie) |
| Filing 39 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lee Sacks. Filing Fee $ 200.00 Receipt # AFLSDC-16803314 by Clickstream Corporation. Responses due by 8/14/2023 (Schwartz, Fred) |
| Filing 38 Clerk's Notice to Filer re #37 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - 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 typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (pcs) |
| Filing 37 NOTICE of Attorney Appearance by Fred Arthur Schwartz on behalf of Clickstream Corporation (Schwartz, Fred) |
| Filing 36 NOTICE of Attorney Appearance by Fred Arthur Schwartz on behalf of Clickstream Corporation. Attorney Fred Arthur Schwartz added to party Clickstream Corporation(pty:dft). (Schwartz, Fred) |
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Filing 35
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 7/21/2023. See attached document for full details. (jas)
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Filing 34
PAPERLESS ORDER granting #32 Plaintiff's Motion for Substitution of Counsel. Attorneys Jarrad C. Miller and Briana N. Collings, and the law firm of Robertson, Johnson, Miller & Williamson, who were previously representing Plaintiff Discover Growth Fund, LLC are hereby terminated as counsel of record and will be substituted by Mitchell E. Widom, Esq., Shalia M. Sakona, Esq., Benjamin A. Mitchel, Esq., and the law firm of Bilzin Sumberg Baena Price & Axelrod LLP. Notices of Termination will be delivered by US Mail. Signed by Magistrate Judge Bruce E. Reinhart on 7/21/2023. (hk02)
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Filing 33
Order Of Reference To Magistrate Judge And Order Of Court-Mandated Requirements On Service, Defaults, And Joint Scheduling Reports. Signed by Judge Robin L. Rosenberg on 7/21/2023. See attached document for full details. (rbe)
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| Filing 32 MOTION/STIPULATION for Substitution of Counsel by Mitchell Edward Widom on behalf of Discover Growth Fund, LLC instead of prior counsel of record Jarrad C. Miller, Briana N. Collings and the Law Firm of Robertson, Johnson, Miller & Williamson. . Attorney Mitchell Edward Widom added to party Discover Growth Fund, LLC(pty:pla). (Attachments: #1 Text of Proposed Order Proposed Order) (Widom, Mitchell) Modified to convert to a Motion on 7/17/2023 (pcs). |
| Filing 31 Bar Letter re: Admissions sent to attorney Jarrad C. Miller, Briana N. Collings, Justin Berkman, James Malcom DeVoy IV, Sydney Gambee, mailing date July 7, 2023, (pt) |
| Filing 30 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (bb) |
| Filing 29 Case transferred in from Nevada; Case Number 3:22-cv-00427. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 28
ORDER - IT IS THEREFORE ORDERED that Clickstream's Motion to Transfer Venue (ECF No. #8 )is GRANTED. IT IS FURTHER ORDERED that Clickstream's 12(b)(6) Motion to Dismiss (ECF No. #5 )is DENIED as moot.The Clerk of the Court shall transfer venue of this matter to the United States District Court for the Southern District of Florida and close this case. Signed by Judge Larry R. Hicks on 7/6/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 27 First AMENDED COMPLAINT with Jury Demand against Clickstream Corporation by Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company. No changes to parties. (Attachments: #1 Exhibit Exhibit 1 - Promissory Note) (Miller, Jarrad) |
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Filing 26
ORDER - IT IS ORDERED that Discover's Complaint is dismissed, with leave to amend, for lack of subject matter jurisdiction. Discover shall file an Amended Complaint, if any, no later than July 17, 2023. IT IS FURTHER ORDERED that the Court reserves ruling on the pending motions 12(b)(6) Motion to Dismiss (ECF No. #5 ) and Motion to Transfer Venue (ECF No. #8 )until the Amended Complaint is filed and subject matter jurisdiction is adequately pled. Signed by Judge Larry R. Hicks on 6/27/2023. (Copies have been distributed pursuant to the NEF - DLS)
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Filing 25
ORDER granting ECF No. #24 Stipulation for Extension of Time. Discovery due by 7/31/2023. Dispositive Motions due by 8/31/2023. Proposed Joint Pretrial Order due by 9/30/2023. Signed by Magistrate Judge Craig S. Denney on 6/26/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 24 STIPULATION FOR EXTENSION OF TIME (Second Request) Extension for Close of Discovery by Defendant Clickstream Corporation. (DeVoy, James) (extend) (discovery) |
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Filing 23
SCHEDULING ORDER on ECF No. #22 Stipulation : Discovery due by 6/30/2023. Dispositive Motions due by 7/31/2023. Proposed Joint Pretrial Order due by 8/30/2023. Signed by Magistrate Judge Craig S. Denney on 4/18/2023. (Copies have been distributed pursuant to the NEF - DLS)
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| Filing 22 First STIPULATION FOR EXTENSION OF TIME (First Request) to Continue Certain Discovery Deadlines by Plaintiff Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company. (Miller, Jarrad) (extend) (discovery) |
| Filing 21 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (CJS) |
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Filing 20
SCHEDULING ORDER granting ECF No. #19 Stipulated Discovery Plan and Scheduling Order. Discovery due by 5/8/2023. Motions due by 6/7/2023. Proposed Joint Pretrial Order due by 7/7/2023. Signed by Magistrate Judge Craig S. Denney on 1/20/2023. (Copies have been distributed pursuant to the NEF - CJS)
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| Filing 19 Stipulated Discovery Plan and Scheduling Order by Plaintiff Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company.. (Miller, Jarrad) |
| Filing 18 ERROR: Filed in wrong case. CERTIFICATE of Interested Parties by Clickstream Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent HCA Healthcare, Inc., a Delaware corporation,, Other Affiliate AC Med, LLC, a Delaware limited liability company, Other Affiliate Healthtrust, Inc. The Hospital Company, a Tennessee corporation,, Other Affiliate HCA Inc., a Delaware corporation, for Clickstream Corporation added.. (DeVoy, James) |
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Filing 17
ORDER - The parties have failed to submit their Stipulated Discovery Plan and Scheduling Order. The parties shall file their Proposed Stipulated Discovery Plan and Scheduling Order in accordance with LR 26-1 on or before Friday, January 20, 2023 (1/20/2023). Signed by Magistrate Judge Craig S. Denney on 1/4/2023. (Copies have been distributed pursuant to the NEF - CJS)
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| Filing 16 ERRATA to #9 Appendix by Defendant Clickstream Corporation. (Attachments: #1 Declaration Attachment)(DeVoy, James) |
| Filing 15 REPLY to Response to #8 Motion to Change Venue/Transfer by Defendant Clickstream Corporation. (DeVoy, James) |
| Filing 14 REPLY to Response to #5 Motion to Dismiss,, by Defendant Clickstream Corporation. (DeVoy, James) |
| Filing 13 RESPONSE to #8 Motion to Change Venue/Transfer by Plaintiff Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company. Replies due by 11/30/2022. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Miller, Jarrad) |
| Filing 12 RESPONSE to #5 Motion to Dismiss,, by Plaintiff Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company. Replies due by 11/30/2022. (Attachments: #1 Exhibit Exhibit 1)(Miller, Jarrad) |
| Filing 11 CIVIL STANDING ORDER of U.S. Magistrate Judge Craig S. Denney. (Copies have been distributed pursuant to the NEF - HJ) |
| Filing 10 NOTICE of Docket Correction: #6 Motion to Dismiss terminated by Clerk's Office as duplicative to #5 Motion to Dismiss. (no image attached) (EDS) |
| Filing 9 APPENDIX in Support of Exhibits to #8 Motion to Change Venue/Transfer by Defendant Clickstream Corporation.. (Gambee, Sydney) |
| Filing 8 MOTION to Change Venue or Transfer. Responses due by 11/23/2022. (Gambee, Sydney) |
| Filing 7 CERTIFICATE of Interested Parties by Clickstream Corporation that identifies all parties that have an interest in the outcome of this case.. (Gambee, Sydney) |
| Filing 6 MOTION to Dismiss #1 Complaint,, by Defendant Clickstream Corporation. Responses due by 11/23/2022. Discovery Plan/Scheduling Order due by 12/24/2022. (Gambee, Sydney) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 5 MOTION to Dismiss #1 Complaint,, by Plaintiff Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company Defendant Clickstream Corporation. Responses due by 11/23/2022. Discovery Plan/Scheduling Order due by 12/24/2022. (DeVoy, James) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Modified filing party on 11/10/2022 (EDS). |
| Filing 4 SUMMONS Returned Executed by Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company re #3 Summons Issued. Clickstream Corporation served on 10/6/2022. (Miller, Jarrad) |
| Filing 3 SUMMONS ISSUED as to Clickstream Corporation. (DRM) |
| Case randomly assigned to Judge Larry R. Hicks and Magistrate Judge Craig S. Denney. (DRM) |
| Filing 2 CERTIFICATE of Interested Parties by Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company. There are no known interested parties other than those participating in the case (Miller, Jarrad) |
| Filing 1 First COMPLAINT against Clickstream Corporation (Filing fee $402 receipt number ANVDC-7058245) by Discover Growth Fund, LLC, a U.S. Virgin Islands limited liability company. Proof of service due by 12/21/2022. (Attachments: #1 Exhibit Exhibit 1 - Promissory Note, #2 Summons Summons to be Issued, #3 Civil Cover Sheet Civil Cover Sheet) (Miller, Jarrad) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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