OTPBC2, LLC et al v. SFR-OT, LLC et al
| OTPBC2, LLC, PSL Fitness, LLC and Florida Fitness Works 1, LLC |
| SFR-OT HoldCo, LLC |
| 9:2025cv81324 |
| October 25, 2025 |
| U.S. District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on March 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 34 Supplemental REPLY in Support of Motion re #26 Plaintiff's MOTION for Summary Judgment . filed by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC. (Kaplan, Justin) |
| Filing 33 RESPONSE in Opposition re #26 Plaintiff's MOTION for Summary Judgment (Supplemental Reply In Opposition) filed by SFR-OT HoldCo, LLC. Replies due by 3/27/2026. (Adar, Yaniv) |
| Filing 32 NOTICE of Filing Declaration of Christopher Rodgers by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC re #30 Reply in Support of Motion (Attachments: #1 Exhibit Exhibit A - Declaration of Christopher Rodgers) (Kaplan, Justin) |
Filing 31
ORDER. Plaintiffs shall file the relevant affidavit in the court record on or before March 16, 2026. Defendant may, if it so chooses, file a Supplemental Reply on or before March 20, 2026. Signed by Judge Donald M. Middlebrooks on 3/13/2026. See attached document for full details. (nan)
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| Filing 30 REPLY in Support of Motion re #26 Plaintiff's MOTION for Summary Judgment . filed by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC. (Kaplan, Justin) |
| Filing 29 RESPONSE to #27 Statement, of Material Facts by SFR-OT HoldCo, LLC. (Adar, Yaniv) |
| Filing 28 RESPONSE in Opposition re #26 Plaintiff's MOTION for Summary Judgment filed by SFR-OT HoldCo, LLC. Replies due by 2/24/2026. (Adar, Yaniv) |
| Filing 27 Statement of: of Material Facts and Undisputed Facts in Support of Plaintiffs' Motion for Summary Final Judgment by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC re #26 Plaintiff's MOTION for Summary Judgment (Attachments: #1 Exhibit Executed Declaration of Chris Rodgers with exhibits)(Kaplan, Justin) |
| Filing 26 Plaintiff's MOTION for Summary Judgment by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC. Responses due by 2/17/2026. (Kaplan, Justin) |
| Filing 25 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): Michael I Feldman. (Kaplan, Justin) |
| Filing 24 Clerk's Notice to Filer re #23 Notice (Other). 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. (drz) |
| Filing 23 Joint NOTICE of Selection of Mediator by Florida Fitness Works 1, LLC (Kaplan, Justin) |
| Filing 22 Joint NOTICE of Discovery Plan by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC (Kaplan, Justin) |
| Filing 21 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 12/29/2025., Discovery due by 4/16/2026., Joinder of Parties due by 12/29/2025., In Limine Motions due by 4/30/2026., Dispositive Motions due by 4/30/2026., Motions due by 4/30/2026., Pretrial Stipulation due by 6/1/2026., Jury Trial set for 6/29/2026 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/24/2026 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.). Signed by Ch. Magistrate Judge William Matthewman on 12/9/2025. See attached document for full details. (drz) |
| Filing 20 PAPERLESS Minute Order for proceedings held before Ch. Magistrate Judge William Matthewman: Scheduling Conference held on 12/9/2025 via Zoom Video Teleconference. 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, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 29 minutes. Attorney Appearance(s): Justin Brett Kaplan, David R. Levintow, Christopher G. Smith, Yaniv Adar. (Digital Zoom Video Recording 1:32 pm) (nrs) |
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Filing 19
ORDER DISMISSING DEFENDANTS. SFR-OT, LLC and Kevin R. Attkisson re #14 Notice of Voluntary Dismissal. Signed by Judge Donald M. Middlebrooks on 12/9/2025. See attached document for full details. (drz)
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Filing 18
PAPERLESS ORDER granting #17 Motion for Reconsideration. The court will enter a corrected order of dismissal. Signed by Judge Donald M. Middlebrooks on 12/8/2025. (kid)
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| Filing 17 MOTION for Reconsideration re #15 Order Dismissing Party by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC. (Kaplan, Justin) |
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Filing 16
PAPERLESS ORDER denying as moot #7 Defendants' Motion to Dismiss, in light of Plaintiffs' voluntary dismissal of the moving defendants (DE #14 ). Signed by Judge Donald M. Middlebrooks on 12/4/2025. (kid)
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Filing 15
Order Dismissing Party Kevin R. Attkisson and SFR-OT, LLC re #14 Notice of Voluntary Dismissal. Signed by Judge Donald M. Middlebrooks on 11/25/2025. See attached document for full details. (drz) Modified on 12/9/2025 (mf).
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| Filing 14 NOTICE of Voluntary Dismissal Without Prejudice Pursuant to Fed. R. Civ. P. 41(c) of Defendants, Kevin R. Attkisson and SFT-OT, LLC Only by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC (Kaplan, Justin) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re 12 Order,, by Florida Fitness Works 1, LLC, OTPBC2, LLC, PSL Fitness, LLC. (Kaplan, Justin) |
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Filing 12
PAPERLESS ORDER TO SHOW CAUSE. On November 3, 2025, Defendants filed a Motion to Dismiss (DE #7 ). The deadline for Plaintiffs to file their Response was November 17, 2025. To date, Plaintiffs have not responded nor sought an extension of time to do so. Accordingly, on or before November 25, 2025, Plaintiffs shall show cause, in writing, (1) why the Motion to Dismiss should not be granted, and (2) why Plaintiffs failed to timely file a Response. Plaintiffs' failure to respond to this Order could give rise to the Motion to Dismiss being granted by default pursuant to Local Rule 7.1(c). Signed by Judge Donald M. Middlebrooks on 11/20/2025. (kid)
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| Filing 11 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 12/9/2025 at 1:30 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 Ch. Magistrate Judge William Matthewman on 11/20/2025. (no00) |
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Filing 10
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 6/29/2026 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/24/2026 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 11/5/2025. See attached document for full details. (drz)
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Filing 9
PAPERLESS ORDER granting #5 and #6 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorneys Christopher G. Smith and David R. Levintow. Signed by Judge Donald M. Middlebrooks on 11/4/2025. (kid)
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| Filing 8 ANSWER to Complaint by SFR-OT HoldCo, LLC. (Adar, Yaniv) |
| Filing 7 MOTION to Dismiss , Provisional Request for Hearing, and Incorporated Memorandum of Law by Kevin R. Attkisson, SFR-OT, LLC. Responses due by 11/17/2025. (Attachments: #1 Exhibit 1)(Adar, Yaniv) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David R. Levintow. Filing Fee $ 250.00 Receipt # AFLSDC-18921562 by Kevin R. Attkisson, SFR-OT HoldCo, LLC, SFR-OT, LLC. Responses due by 11/17/2025. (Attachments: #1 Certification, #2 Text of Proposed Order)(Adar, Yaniv) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher G. Smith. Filing Fee $ 250.00 Receipt # AFLSDC-18921516 by Kevin R. Attkisson, SFR-OT HoldCo, LLC, SFR-OT, LLC. Responses due by 11/17/2025. (Attachments: #1 Certification, #2 Text of Proposed Order)(Adar, Yaniv) |
| Filing 4 NOTICE of Filing State Court Removal Filing by Kevin R. Attkisson, SFR-OT HoldCo, LLC, SFR-OT, LLC re #1 Notice of Removal (State Court Complaint), (Attachments: #1 Exhibit State Court Filing) (Adar, Yaniv) |
| Filing 3 Corporate Disclosure Statement by Kevin R. Attkisson, SFR-OT HoldCo, LLC, SFR-OT, LLC identifying Corporate Parent SFR-OT HoldCo, LLC, Corporate Parent SFR VIII Holdings, LLC, Corporate Parent Anman Capital, LLC for SFR-OT, LLC; Corporate Parent SFR VIII Holdings, LLC, Corporate Parent Anman Capital, LLC for SFR-OT HoldCo, LLC (Adar, Yaniv) |
| 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. (pcs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-18901673, filed by Kevin R. Attkisson, SFR-OT, LLC, SFR-OT HoldCo, LLC. (Attachments: #1 Exhibit State Court Filing, #2 Docket Sheet State Court Docket, #3 Exhibit All State Court Filings, #4 Civil Cover Sheet)(Adar, Yaniv) No Answer/Motion to Dismiss filed. Modified on 10/27/2025 (pcs). |
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