Werner v. Gordon & Partners, P.A.
| Adam Werner |
| Gordon & Partners, P.A. |
| 9:2023cv81139 |
| August 11, 2023 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.
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Filing 42
ORDER Closing Case. (Without Prejudice) Signed by Judge Donald M. Middlebrooks on 9/28/2023. See attached document for full details. (nwn)
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| Filing 41 NOTICE of Voluntary Dismissal Without Prejudice For Lack of Subject Matter Jurisdiction by Adam Werner (Roy, Christopher) |
| Filing 40 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by Gordon & Partners, P.A.. Responses due by 9/28/2023 (Levenberg Terwilleger, Amy) |
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Filing 39
ORDER denying #8 Preliminary Injunction. Signed by Judge Donald M. Middlebrooks on 9/11/2023. See attached document for full details. (nwn)
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| Filing 38 TRANSCRIPT of Motion Hearing held on 9/6/2023 before Judge Donald M. Middlebrooks, 1-88 pages, Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@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 9/29/2023. Redacted Transcript Deadline set for 10/10/2023. Release of Transcript Restriction set for 12/7/2023. (Wells, Jill) |
| Filing 37 PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Motion Hearing held on 9/6/2023 re #8 EXPEDITED MOTION For Preliminary Injunction. Attorney Appearance(s): Christopher Andrew Roy, Timothy James Kiley, Scott W. Atherton, Brittany A. Tarazona, Nicole K. Atkinson. Order to follow. Total time in court: 1 hour(s) : 45 minutes. Court Reporter: Jill Wells, 305-523-5158 / Jill_Wells@flsd.uscourts.gov. (gm1) |
| Filing 36 Defendant's REPLY to Response to Motion re #21 Defendant's MOTION to Compel Arbitration and Stay Litigation filed by Gordon & Partners, P.A.. (Levenberg Terwilleger, Amy) |
| Filing 35 Exhibit and Witness List (Amended as to use of Form AO 187) for Hearing on Plaintiff's Expedited Motion for Preliminary Injunction by Adam Werner.. (Roy, Christopher) |
| Filing 33 RESPONSE in Opposition re #21 Defendant's MOTION to Compel Arbitration and Stay Litigation filed by Adam Werner. Replies due by 9/11/2023. (Roy, Christopher) |
| Filing 34 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe: Settlement Conference held on 9/1/2023. Good faith negotiations held. Case did not settle/impasse declared. Negotiations ongoing. To schedule a further settlement conference before Magistrate Judge McCabe, contact his chambers by telephone (561-803-3470) or by email (McCabe@flsd.uscourts.gov) with three mutually agreed upon dates. Total time in court: 4 hour(s) : 26 minutes. (Digital Zoom) (spe) |
| Filing 32 Exhibit and Witness List for September 6, 2023 Hearing on Motion for Preliminary Injunction by Gordon & Partners, P.A... (Attachments: #1 Exhibit Ex. 1 - AW Employment Agreement DE 7-1, #2 Exhibit Ex. 2 - MH Employment Agreement - Redacted, #3 Exhibit Ex. 3 - Hoffman Email to Werner John Morgan of VA, #4 Exhibit Ex. 4 - G&P000530, #5 Exhibit Ex. 5 - DE 20-15, #6 Exhibit Ex. 6 - DE 8-2, #7 Exhibit Ex. 7 - DE 7-3, #8 Exhibit Ex. 8 - G&P000522, #9 Exhibit Ex. 9 - G&P000523-524, #10 Exhibit Ex. 10 - SWA Ltr Re Discontinuation of Emergency Access, #11 Exhibit Ex. 11 - G&P000167-170, #12 Exhibit Ex. 12 - G&P000350-51, #13 Exhibit Ex. 13 - G&P000339-373, #14 Exhibit Ex. 14 - WERNER000104-106, #15 Exhibit Ex. 15 - G&P000612-613 Email Forwarding Calendars, #16 Exhibit Ex. 16 - G&P000556, #17 Exhibit Ex. 17 - G&P000566-G&P000569, #18 Exhibit Ex. 18 -DE 20-19, #19 Exhibit Ex. 19 - G&P000557-G&P000565, #20 Exhibit Ex. 20 - G&P000570, #21 Exhibit Ex. 21 - DE 20-3, #22 Exhibit Ex. 22 - DE 20-2, #23 Exhibit Ex. 23 - DE 22-1 R. Lattimore Depo Transcript, #24 Exhibit Ex. 24 - DE 20-12, #25 Exhibit Ex. 25 - Declaration of Sherri Stone, #26 Exhibit Ex. 26 - DE 20-11, #27 Exhibit Ex. 27 - DE 20-9, #28 Exhibit Ex. 28 - DE 20-10, #29 Exhibit Ex. 29 - DE 20-8, #30 Exhibit Ex. 30 - DE 20-7, #31 Exhibit Ex. 31 - Second Affidavit of D. Osredkar, #32 Exhibit Ex. 32 - Decl of SWA, #33 Exhibit Ex. 33 - Declaration of Robert E. Gordon, Esq.)(Atherton, Scott) |
| Filing 31 Witness List FOR HEARING ON PLAINTIFFS EXPEDITED MOTION FOR PRELIMINARY INJUNCTION by Adam Werner.. (Roy, Christopher) |
| Filing 30 Exhibit List FOR HEARING ON PLAINTIFFS EXPEDITED MOTION FOR PRELIMINARY INJUNCTION by Adam Werner.. (Attachments: #1 Exhibit P-1, #2 Exhibit P-2, #3 Exhibit P-3, #4 Exhibit P-4, #5 Exhibit P-5, #6 Exhibit P-6, #7 Exhibit P-7, #8 Exhibit P-8, #9 Exhibit P-9, #10 Exhibit P-10, #11 Exhibit P-11, #12 Exhibit P-12, #13 Exhibit P-13, #14 Exhibit P-14, #15 Exhibit P-15, #16 Exhibit P-16, #17 Exhibit P-17, #18 Exhibit P-18, #19 Exhibit P-19, #20 Exhibit P-20, #21 Exhibit P-21, #22 Exhibit P-22, #23 Exhibit P-23, #24 Exhibit P-24, #25 Exhibit P-25, #26 Exhibit P-26, #27 Exhibit P-27, #28 Exhibit P-28)(Roy, Christopher) |
| Filing 29 Defendant's NOTICE by Gordon & Partners, P.A. Notice of Filing Gordon & Partners, P.A.'s First Supplement to Demand for Arbitration (Attachments: #1 Exhibit Claimant Gordon & Partners P.A.'s First Supplement to Demand for Arbitration) (Atherton, Scott) |
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Filing 28
PAPERLESS ORDER SETTING SETTLEMENT CONFERENCE: The parties have mutually requested a Settlement Conference to take place on 9/1/2023 at 01:00 PM in West Palm Beach Division before Magistrate Judge Ryon M. McCabe. The Settlement Conference will take place via Zoom VTC. To log in through ZoomGov Meeting, use Meeting ID: 161 209 2646 and Passcode: 644412. Signed by Magistrate Judge Ryon M. McCabe on 8/31/2023. (jb02)
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| Filing 27 Plaintiff's REPLY to Response to Motion re #8 EXPEDITED MOTION For Preliminary Injunction (Verified) re #1 Complaint, filed by Adam Werner. (Roy, Christopher) |
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Filing 26
ORDER SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION re #8 EXPEDITED MOTION For Preliminary Injunction (Verified) re #1 Complaint, : Motion Hearing set for 9/6/2023 01:30 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 8/29/2023. See attached document for full details. (nwn)
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| Set/Reset Deadlines as to #21 Defendant's MOTION to Compel Arbitration and Stay Litigation . (Responses due by 9/4/2023 Replies due by 9/5/2023). PER DE #26 . (nwn) |
| Filing 25 RESPONSE in Opposition re #24 EXPEDITED MOTION for Hearing on Expedited Motion for Preliminary Injunction re 23 Settlement Conference,, #16 Notice (Other), #8 EXPEDITED MOTION For Preliminary Injunction (Verified) re #1 Complaint,, #14 Order Referring filed by Gordon & Partners, P.A.. Replies due by 9/5/2023. (Atherton, Scott) |
| Filing 24 EXPEDITED MOTION for Hearing on Expedited Motion for Preliminary Injunction re 23 Settlement Conference,, #16 Notice (Other), #8 EXPEDITED MOTION For Preliminary Injunction (Verified) re #1 Complaint,, #14 Order Referring Case to Magistrate Judge by Adam Werner. (Roy, Christopher) |
| Filing 23 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe: Settlement Conference held on 8/25/2023. Good faith negotiations held. Case did not settle/impasse declared. Negotiations ongoing. To schedule a further settlement conference before Magistrate Judge McCabe, contact his chambers by telephone (561-803-3470) or by email (McCabe@flsd.uscourts.gov) with three mutually agreed upon dates. Total time in court: 6 hour(s) : 25 minutes. Attorney Appearance(s): Scott W. Atherton, Nicole K. Atkinson, Christopher Andrew Roy, Brad Saxton. (Digital Zoom Video Recording Start Time: 10:00 am) (jb02) |
| Filing 22 Defendant's NOTICE by Gordon & Partners, P.A. re #20 Response to Motion,,,, Defendant's Notice of Filing Lattimore's Final Deposition Transcript in Further Support of its Response in Opposition to Plaintiff's Verified Expedited Motion for Preliminary Injunction [DE 20] (Attachments: #1 Exhibit August 23, 2023 Rana Lattimore Deposition Transcript) (Atherton, Scott) |
| Filing 21 Defendant's MOTION to Compel Arbitration and Stay Litigation by Gordon & Partners, P.A.. Responses due by 9/7/2023 (Atherton, Scott) |
| Filing 20 RESPONSE to Motion re #8 EXPEDITED MOTION For Preliminary Injunction (Verified) re #1 Complaint, [Gordon & Partners, P.A.'s Response in Opposition] filed by Gordon & Partners, P.A.. Replies due by 8/30/2023. (Attachments: #1 Exhibit R. Lattimore Rough Deposition Transcript, #2 Exhibit M. Hoffman Deposition Transcript, #3 Exhibit A. Werner Deposition Transcript, #4 Exhibit Email dated July 20, 2022, #5 Exhibit Email dated August 14, 2023, #6 Exhibit Email dated August 15, 2023, #7 Exhibit Affidavit of T. Dennard, #8 Exhibit Affidavit of P. Small, #9 Exhibit Affidavit of P. Murphy, #10 Exhibit Affidavit of D. Osredkar, #11 Exhibit Declaration of C. Lambert, #12 Exhibit R. Gordon Deposition Transcript, #13 Exhibit A. Roy Email Chain dated August 23, 2023, #14 Exhibit Email dated August 9, 2023, #15 Exhibit G&P Summary Chart Instruction to Staff w Source Docs, #16 Exhibit G&P Client Letter, #17 Exhibit FL Bar Sample Letters, #18 Exhibit C. Lambert Email dated August 11, 2023, #19 Exhibit Client Call Recording Transcript, #20 Exhibit Email Re Funds in Trust dated August 20, 2023)(Atherton, Scott) |
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Filing 19
ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VTC. Settlement Conference set for 8/25/2023 at 10:00 AM in West Palm Beach Division before Magistrate Judge Ryon M. McCabe. Signed by Magistrate Judge Ryon M. McCabe on 8/21/2023. See attached document for full details. (spe)
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Filing 18
PAPERLESS ORDER granting #17 Joint Motion for Settlement. The Court will set the settlement conference by separate Order to take place on August 25, 2023 at 10:00 AM. Signed by Magistrate Judge Ryon M. McCabe on 8/21/2023. (jb02)
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| Filing 17 Joint MOTION for Settlement Conference (in compliance with Paperless Order [ECF 15]) by Adam Werner. Responses due by 9/5/2023 (Roy, Christopher) |
| Filing 16 Joint NOTICE by Gordon & Partners, P.A. and Adam Werner - Notice of Stipulation Regarding Preliminary Discovery and Deadlines (Atherton, Scott) |
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Filing 15
PAPERLESS ORDER: This matter has been referred to the undersigned for a settlement conference #14 . By or before 11:00 AM on Monday, 8/21, the parties shall file either: (A) a joint motion requesting a settlement conference that provides three mutually agreed upon dates to participate in the conference; or (B) a joint notice advising the Court that the parties are unable to agree on dates for the conference. In the event the parties do not agree, the Court will set a status conference to take place via Zoom at 3:00 PM on 8/21. For planning purposes, the settlement conference will be conducted via Zoom unless the parties agree to an in-person conference. Signed by Magistrate Judge Ryon M. McCabe on 8/17/2023. (jb02)
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Filing 14
ORDER REFERRING CASE to Magistrate Judge Ryon M. McCabe for Settlement Conference. Signed by Judge Donald M. Middlebrooks on 8/17/2023. See attached document for full details. (nwn)
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| Filing 13 NOTICE by Adam Werner re #12 Notice (Other), Clarifying Defendant's Statements Concerning Agreements (Roy, Christopher) |
| Filing 12 Defendant's NOTICE by Gordon & Partners, P.A. re #8 EXPEDITED MOTION For Preliminary Injunction (Verified) re #1 Complaint, Notice of Intent to File Response in Opposition to Plaintiff's Verified Expedited Motion for Preliminary Injunction (Atherton, Scott) |
| Filing 11 NOTICE of Attorney Appearance by Amy Shayne Levenberg Terwilleger on behalf of Gordon & Partners, P.A.. Attorney Amy Shayne Levenberg Terwilleger added to party Gordon & Partners, P.A.(pty:dft). (Levenberg Terwilleger, Amy) |
| Filing 10 NOTICE of Attorney Appearance by Nicole K. Atkinson on behalf of Gordon & Partners, P.A.. Attorney Nicole K. Atkinson added to party Gordon & Partners, P.A.(pty:dft). (Atkinson, Nicole) |
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Filing 9
ORDER OF RECUSAL. Judge Robin L. Rosenberg recused. Case reassigned to Judge Donald M. Middlebrooks for all further proceedings. Signed by Judge Robin L. Rosenberg on 8/14/2023. See attached document for full details. (yar)
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| Filing 8 EXPEDITED MOTION For Preliminary Injunction (Verified) re #1 Complaint, by Adam Werner. (Attachments: #1 Exhibit A - Declaration of Werner in Support, #2 Exhibit B - Letter for Cooperation, #3 Exhibit C - Letter Terminating Access, #4 Exhibit D - Ethics Opinion 88-11 (Recon))(Roy, Christopher) |
| Filing 7 Defendant's NOTICE by Gordon & Partners, P.A. Notice of Filing Exhibits in Support of its Motion to Compel Arbitration and Stay, and, Alternatively, its Opposition to Plaintiff's Motion for Temporary Restraining Order (Attachments: #1 Exhibit Exhibit 1 Werner, Adam- Employment Agreement 11.28.22, #2 Exhibit Exhibit 2 2023.08.04 Gordon Partners P.A. - AAA Arbitration Demand_Form, #3 Exhibit Exhibit 3 Re Termination of Rul -5.8 Bona Fide Negotiations., #4 Exhibit Exhibit 4 2023.08.10 Letter to C. Andrew Roy Re Discontinuation of Emergency Access, #5 Exhibit Exhibit 5 Email Confirming Adam Werners Continued Access to Necessary Clients File, #6 Exhibit Ch 4 RRTFB 4-5.8) (Atherton, Scott) |
| Filing 6 NOTICE of Attorney Appearance by Brittany A. Tarazona on behalf of Gordon & Partners, P.A.. Attorney Brittany A. Tarazona added to party Gordon & Partners, P.A.(pty:dft). (Tarazona, Brittany) |
| Filing 5 NOTICE of Attorney Appearance by Terence Michael Mullen on behalf of Gordon & Partners, P.A.. Attorney Terence Michael Mullen added to party Gordon & Partners, P.A.(pty:dft). (Mullen, Terence) |
| Filing 4 NOTICE of Attorney Appearance by Scott W. Atherton on behalf of Gordon & Partners, P.A.. Attorney Scott W. Atherton added to party Gordon & Partners, P.A.(pty:dft). (Atherton, Scott) |
| Filing 3 Summons Issued as to Gordon & Partners, P.A.. (kpe) |
| Filing 2 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. (kpe) |
| Filing 1 COMPLAINT for Declaratory Relief, TRO, Preliminary Injunction, and Damages against Gordon & Partners, P.A.. Filing fees $ 402.00 receipt number AFLSDC-16836543, filed by Adam Werner. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit A - Form 21-22a, #4 Exhibit B - Form Fee Agreement, #5 Exhibit C - Form Joint Letter, #6 Exhibit D - GP Unilateral Communication)(Roy, Christopher) |
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