Cybercoders, Inc. v. Cooke et al
| Cybercoders, Inc. |
| Charles Cooke and Nicolas Benedetto |
| 9:2025cv80320 |
| March 6, 2025 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity |
| None |
Docket Report
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This docket was last retrieved on July 15, 2025. A more recent docket listing may be available from PACER.
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| Filing 39 CLERK'S NOTICE re #38 Order on Motion for Miscellaneous Relief. Additional Notice of Electronic Filing (NEF) sent to Financial Clerk (pc) |
Filing 38
ORDER GRANTING UNOPPOSED MOTION FOR RETURN OF PLAINTIFF'S SECURITY re #37 Motion for return of Plaintiff's Security. Signed by Judge Aileen M. Cannon on 7/15/2025. See attached document for full details. (pc)
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| Filing 37 Unopposed MOTION For Return of Plaintiff's Security by Cybercoders, Inc.. (Attachments: #1 Exhibit A - Email Exchange, #2 Exhibit B - Proposed Order)(Holden, West) |
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Filing 36
ORDER GRANTING #35 JOINT MOTION FOR ENTRY OF CONSENT PERMANENT INJUNCTION AND ENTERING CONSENT PERMANENT INJUNCTION: Pursuant to the stipulation and agreement of the parties, the Court VACATES the April 15, 2025, Preliminary Injunction [ECF No. #29 ]. This case remains CLOSED. Signed by Judge Aileen M. Cannon on 6/24/2025. See attached document for full details. (wce)
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| Filing 35 Joint MOTION for Permanent Injunction (for Entry of Consent) by Cybercoders, Inc.. (Attachments: #1 Exhibit A - Proposed Consent Permanent Injunction)(Holden, West) |
| Filing 34 STATUS REPORT REQUIRED BY ECF NO. 30 ON COMPLIANCE WITH THE COURT'S ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Charles Cooke, Nicolas Benedetto (Nullman, Michael) |
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Filing 33
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO COMPEL ARBITRATION Administratively Closing Case. Motions terminated: #25 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, to compel arbitration filed by Nicolas Benedetto, Charles Cooke. Signed by Judge Aileen M. Cannon on 4/23/2025. See attached document for full details. (pc)
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| Set Status Report due by 4/25/2025. per DE 30 (mr1) |
| Filing 32 REPLY in Support of Motion re #25 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, to compel arbitration. filed by Charles Cooke, Nicolas Benedetto. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Text of Proposed Order Proposed Order Granting Motion to Compel Arbitration and to Stay Proceedings Pending Arbitration)(Nullman, Michael) |
| Filing 31 Clerks Receipt for deposit into the registry per order of the court (DE#29) received on 4/18/2025 in the amount of $ 10,000.00, receipt number FLS301399. (vt) |
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Filing 30
PAPERLESS ORDER requiring Status Report on Compliance with the Court's Order Granting Plaintiff's Motion for Preliminary Injunction #29 . On or before April 25, 2025, Defendants shall file a Status Report on Compliance, indicating the steps Defendants have undertaken to comply with the Order #29 . Signed by Judge Aileen M. Cannon on 4/17/2025. (bbk)
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Filing 29
ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. See attached document for full details. Signed by Judge Aileen M. Cannon on 4/15/2025. (bbk)
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| Filing 28 RESPONSE to Motion re #25 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, to compel arbitration filed by Cybercoders, Inc.. Replies due by 4/21/2025. (Attachments: #1 Text of Proposed Order Plaintiff's Proposed Order)(Holden, West) |
| Filing 27 Defendant's NOTICE of Filing Declaration of Charles Cooke Opposing Pl Motion by Charles Cooke, Nicolas Benedetto re 24 Order,,, #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery (Kesselman, Aaron) |
| Filing 26 Plaintiff's NOTICE of Filing of Declaration of Jennifer Brink Further Supporting Preliminary Injunction by Cybercoders, Inc. re #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery (Sims, Tyler) |
| Filing 25 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, to compel arbitration by Charles Cooke, Nicolas Benedetto. Responses due by 4/14/2025. (Attachments: #1 Affidavit Declaration of Charles Cooke, #2 Affidavit Declaration of Nicolas Benedetto)(Kesselman, Aaron) |
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Filing 24
PAPERLESS ORDER: The Court is in receipt the parties' competing Proposed Orders related to Plaintiff's Motion for a Preliminary Injunction #19 #20 , along with the Joint Status Report #16 . In light of that report, and to provide the parties with an opportunity to submit any additional written evidence in support of or against Plaintiff's Motion #5 , the Court hereby orders the evidentiary record on the Motion to remain open until April 4, 2025, after which the Court will issue a ruling on the Motion. The Motion will be treated as a Motion for Preliminary Injunction, in accordance with Plaintiff's representation at the hearing and the parties' Proposed Orders #19 #20 . No additional legal briefing on the Motion is permitted. Signed by Judge Aileen M. Cannon on 3/30/2025 (bbk)
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| Filing 23 Notice of Pending, Refiled, Related or Similar Actions by Charles Cooke, Nicolas Benedetto (Nullman, Michael) |
| Filing 22 TRANSCRIPT of Motion for Preliminary Injunction held on 3/24/2025 before Judge Aileen M. Cannon, 1-347 pages, Court Reporter: Laura Melton, 772-467-2327 / [email protected]. 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 4/18/2025. Redacted Transcript Deadline set for 4/28/2025. Release of Transcript Restriction set for 6/26/2025. (Melton, Laura) |
| Filing 21 HEARING EXHIBITS Defendants' Exhibits D-7, D-8 by Charles Cooke, Nicolas Benedetto. Related document: 15 Order,,,,, #14 Reply in Support of Motion, filed by Cybercoders, Inc., #13 Response in Opposition to Motion, filed by Nicolas Benedetto, Charles Cooke, #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery filed by Cybercoders, Inc.. (Attachments: #1 Exhibit D-7 LinkedIn Post, #2 Exhibit D-8 Map)(Kesselman, Aaron) |
| Filing 20 Defendant's NOTICE of Filing Proposed Order by Charles Cooke, Nicolas Benedetto re #14 Reply in Support of Motion, #13 Response in Opposition to Motion, #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery (Attachments: #1 Exhibit Proposed Order) (Kesselman, Aaron) |
| Filing 19 Plaintiff's NOTICE of Filing Proposed Order by Cybercoders, Inc. re 15 Order,,,,, (Attachments: #1 Text of Proposed Order Proposed Order Granting PI) (Holden, West) |
| Filing 18 HEARING EXHIBITS JOINT EXHIBITS AND PLAINTIFF'S EXHIBITS ADMITTED INTO EVIDENCE DURING MARCH 24, 2025 EVIDENTIARY HEARING by Cybercoders, Inc.. (Attachments: #1 Exhibit J01, J02, J03, P02, P03, P04, P39, P47, P50)(Holden, West) |
| Filing 17 Notice of Supplemental Authority re #14 Reply in Support of Motion, #13 Response in Opposition to Motion, #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery by Charles Cooke, Nicolas Benedetto (Kesselman, Aaron) |
| Filing 16 STATUS REPORT Joint Status Report Re March 24 Order by Cybercoders, Inc. (Holden, West) |
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Filing 15
PAPERLESS MINUTE ENTRY for proceedings held before Judge Aileen M. Cannon on 3/24/2025: Evidentiary Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction #5 . Both Defendants were present upon proper notice and service #10 . The Court took the Motion under advisement and ordered the parties to meaningfully confer and submit (1) a joint status report, due on or before March 26, 2025, concerning the forensic inspection/protocol of Defendants' personal devices, Defendants' personal communications before and after their resignations, and any additional "Company records" pertaining to the 2019 agreements at issue and Defendants' primary office location; and (2) proposed orders, due on or before March 27, 2025, not to exceed 7 total double-spaced pages (including caption/signatures). The parties shall also file on the docket, no later than March 31, 2025, all exhibits admitted at the hearing in accordance with Local Rule 5.3(b)(2). See S.D. Fla. L.R. 5.3(b)(2). Witnesses: Ben di Grazia, Charles Cooke, Nicolas Benedetto, and KC Brotherton. Attorney appearances: Tyler A. Sims, West A. Holden, Aaron J. Kesselman, and Michael H. Nullman. Total time in court: 7 hours 45 minutes. Court Reporter: Court Reporter: Laura Melton, 305-523-5633 / [email protected]. Signed by Judge Aileen M. Cannon on 3/24/2025. (bbk)
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| Filing 14 REPLY in Support of Motion re #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery. filed by Cybercoders, Inc.. (Attachments: #1 Exhibit di Grazia Declaration, #2 Exhibit Composite Exhibit 2)(Holden, West) |
| Filing 13 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery filed by Charles Cooke, Nicolas Benedetto. Replies due by 3/28/2025. (Attachments: #1 Affidavit Cooke Declaration, #2 Affidavit Benedetto Declaration, #3 Exhibit Request for Judicial Notice, #4 Exhibit Email LR 7)(Kesselman, Aaron) |
| Filing 12 PAPERLESS NOTICE of RESETTING Hearing on Motion **TIME CHANGE ONLY** #5 Motion for Temporary Restraining Order and Preliminary Injunction : Motion Hearing #7 reset for 3/24/2025 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. Counsel please note the time change to your files. (bbk) |
| Filing 11 TRIAL BRIEF Joint Trial Plan by Cybercoders, Inc.. (Holden, West) |
| Filing 10 STATUS REPORT Plaintiff's Status Update Regarding Service of Process by Cybercoders, Inc. (Attachments: #1 Exhibit 1 - Return of Service Affidavit for service of summons and complaint on Nicolas Benedetto, #2 Exhibit 2 - Return of Service Affidavit for service of summons and complaint on Charles Cooke)(Holden, West) |
| Filing 9 NOTICE of Attorney Appearance by Aaron J. Kesselman on behalf of Charles Cooke, Nicolas Benedetto. Attorney Aaron J. Kesselman added to party Charles Cooke(pty:dft), Attorney Aaron J. Kesselman added to party Nicolas Benedetto(pty:dft). (Kesselman, Aaron) |
| Filing 8 NOTICE of Attorney Appearance by Michael H. Nullman on behalf of Charles Cooke, Nicolas Benedetto. Attorney Michael H. Nullman added to party Charles Cooke(pty:dft), Attorney Michael H. Nullman added to party Nicolas Benedetto(pty:dft). (Nullman, Michael) |
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Filing 7
ORDER SCHEDULING HEARING ON PLAINTIFF'S EXPEDITED MOTION FOR INJUNCTIVE RELIEF AND EXPEDITED DISCOVERY re #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery filed by Cybercoders, Inc., as to #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery. (Evidentiary Hearing set for 3/24/2025 09:30 AM in Fort Pierce Division before Judge Aileen M. Cannon.), Set Deadline as to #5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery. (Responses due by 3/21/2025., Replies due by 3/23/2025.) Signed by Judge Aileen M. Cannon on 3/11/2025. See attached document for full details. (pc)
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| Filing 6 NOTICE of Attorney Appearance by Tyler Allan Sims on behalf of Cybercoders, Inc. (Sims, Tyler) |
| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction and to Conduct Expedited Discovery by CYBERCODERS, INC.. Responses due by 3/21/2025. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Discovery Request)(Holden, West) |
| Filing 4 Corporate Disclosure Statement by CYBERCODERS, INC. identifying Other Affiliate ASGN Incorporated for CYBERCODERS, INC. (Holden, West) |
| Filing 3 Summons Issued as to NICOLAS BENEDETTO, CHARLES COOKE. (cwc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (cwc) |
| Filing 1 COMPLAINT Verified against NICOLAS BENEDETTO, CHARLES COOKE. Filing fees $ 405.00 receipt number AFLSDC-18262449, filed by CYBERCODERS, INC.. (Attachments: #1 Exhibit A - Cooke's Agreement, #2 Exhibit B - Benedetto's Agreement, #3 Exhibit C - Letters and email, #4 Civil Cover Sheet, #5 Summon(s) Summons to be Issue to Charles Cooke, #6 Summon(s) Summons to be Issue to Nicolas Benedetto)(Holden, West) Text Modified on 3/7/2025 (cwc). |
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