VITALITY WORX LLC v. BTL INDUSTRIES
| VITALITY WORX LLC |
| BTL INDUSTRIES INC |
| 1:2024cv10349 |
| February 13, 2024 |
| US District Court for the District of Massachusetts |
| F Dennis Saylor |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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| Filing 33 STIPULATION of Dismissal With Prejudice [JOINT] by BTL INDUSTRIES INC. (Cowen, Jon) |
| Filing 32 NOTICE of Appearance by Jon C. Cowen on behalf of BTL INDUSTRIES INC (Cowen, Jon) |
| Filing 31 ELECTRONIC NOTICE of Case Assignment. Chief Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) |
| Filing 30 Case transferred in from District of Florida Northern; Case Number 3:23-cv-24633. |
Filing 29
ORDER TRANSFERRING CASE, re #16 MOTION to Transfer Case to United States District Court for the District of Massachusetts. Defendant's motion to transfer venue (Doc. #16 ) is GRANTED, and this case is TRANSFERRED to the United States District Court for the District of Massachusetts, Boston Division, under 28 U.S.C. 1404(a). The Clerk shall close the case file in this Court. Signed by JUDGE T KENT WETHERELL II on 02/12/2024. (alb)
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| Filing 28 Minute Entry for proceedings held before JUDGE T KENT WETHERELL II: Evidentiary Hearing held Re: #16 Motion to Transfer on 2/12/2024. Court grants defense motion, Order to transfer to District of Massachusetts to be entered (Court Reporter Julie Wycoff). Attachment: #1 Exhibit List, #2 Exhibits (pmc) |
| Filing 27 Witness List by BTL INDUSTRIES INC. (GROSSMAN, GREGORY) |
| Filing 26 Witness List by VITALITY WORX LLC. (HARDER, GEORGE) |
| Filing 25 Notice of Hearing re #16 MOTION to Transfer Case to United States District Court for the District of Massachusetts. Evidentiary Hearing set for 2/12/2024 09:00 AM before JUDGE T KENT WETHERELL II. Signed by JUDGE T KENT WETHERELL II on 01/02/2024. (Please see full notice) (alb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #24 Notice of Proposed Dates for Evidentiary Hearing on Transfer Motion. (alb) |
| Filing 24 NOTICE of Proposed Dates for Evidentiary Hearing on Transfer Motion by BTL INDUSTRIES INC re #23 Order,, Set Deadlines/Hearings, (MENDOZA, JUAN) |
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Filing 23
ORDER. If the parties are unable to reach an agreement on the motion to transfer venue within the next 14 days, they shall file a notice with the Court identifying several mutually agreeable dates in January or February 2024 for an in-person evidentiary hearing on the motion to transfer venue. Signed by JUDGE T KENT WETHERELL II on 12/18/23. (Notify Chambers on 1/2/2024.) (jfj)
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| Filing 22 RESPONSE in Support re #16 MOTION to Transfer Case to United States District Court for the District of Massachusetts filed by BTL INDUSTRIES INC. (MENDOZA, JUAN) |
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Filing 21
ORDER GRANTING EXTENSION OF TIME. Re: #20 Consent MOTION to Extend Deadline to File a Reply and Counter-Affidavit in Support of Defendants Motion and Memorandum of Law to Transfer Venue. Signed by JUDGE T KENT WETHERELL II on 12/8/2023. (Replies due by 12/15/2023.) (alb)
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| Filing 20 Consent MOTION to Extend Time/Deadline to File a Reply and Counter-Affidavit in Support of Defendants Motion and Memorandum of Law to Transfer Venue by BTL INDUSTRIES INC. (MENDOZA, JUAN) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #20 Consent MOTION to Extend Time/Deadline to File a Reply and Counter-Affidavit in Support of Defendants Motion and Memorandum of Law to Transfer Venue. (alb) |
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Filing 19
ORDER. The Court defers ruling on Defendant's motion to transfer venue (Doc. #16 ), and Defendant shall have 7 days from the date of this Order to file a reply and counter-affidavit regarding the formation of the contract containing the forum selection clause. Defendant's motion for extension of time (Doc. #17 ) is GRANTED, and the deadline for Defendant to respond to the amended complaint is tolled pending further order. (Reply due by 12/8/2023.) Signed by JUDGE T KENT WETHERELL II on 12/1/2023. (mb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #18 RESPONSE in Opposition re #16 MOTION to Transfer Case to United States District Court for the District of Massachusetts (mb) |
| Filing 18 RESPONSE in Opposition re #16 MOTION to Transfer Case to United States District Court for the District of Massachusetts filed by VITALITY WORX LLC. (Attachments: #1 Affidavit) (HARDER, GEORGE) |
| Filing 17 MOTION to Extend Timefor the Deadline to Respond to the Plaintiff's First Amended Complaint by BTL INDUSTRIES INC. (MENDOZA, JUAN) |
| Set Deadlines/Hearings re #17 Motion to Extend the Deadline to Respond to the Plaintiff's First Amended Complaint. (Internal deadline for referral to judge if response not filed earlier: 12/13/2023). (alb) |
| Filing 16 MOTION to Transfer Case to United States District Court for the District of Massachusetts by BTL INDUSTRIES INC. (Internal deadline for referral to judge if response not filed earlier: 12/12/2023). (MENDOZA, JUAN) |
| Filing 15 FIRST AMENDED COMPLAINT against BTL INDUSTRIES INC, filed by VITALITY WORX LLC. (Attachments: #1 Exhibit Contract) (HARDER, GEORGE) |
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Filing 14
ORDER GRANTING EXTENSION OF TIME re #13 Consent MOTION to Extend Time. Defendant shall have until November 30, 2023, to answer or otherwise respond to the complaint. Signed by JUDGE T KENT WETHERELL II on 11/9/2023. ( Answer due by 11/30/2023.) (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #13 Consent MOTION to Extend Time. (alb) |
| Filing 13 Consent MOTION to Extend Time by BTL INDUSTRIES INC. (MENDOZA, JUAN) |
| Filing 12 Corporate Disclosure Statement/Certificate of Interested Persons by VITALITY WORX LLC. (HARDER, GEORGE) |
| Filing 11 SUMMONS Returned Executed by VITALITY WORX LLC. BTL INDUSTRIES INC served on 10/19/2023, answer due 11/9/2023. (HARDER, GEORGE) |
| Filing 10 CIVIL COVER SHEET. (HARDER, GEORGE) |
| Filing 9 DOCKET ANNOTATION BY COURT: Re #6 Civil Cover Sheet The Civil Cover sheet, doc. #6 , was not signed and dated. Please file a fully executed Civil Cover Sheet pursuant to Local Rule 5.1(E). (alb) |
| Filing 8 Summons Issued as to BTL Industries, Inc.. (alb) |
| Filing 7 NOTICE Notice of Summons to Be Issued by Vitality Worx LLC (HARDER, GEORGE) |
| Filing 6 CIVIL COVER SHEET. (HARDER, GEORGE) |
| Filing 5 DOCKET ANNOTATION BY COURT: The clerk will issue summons upon submission. You may obtain the 2 page summons form by visiting our website @ www.flnd.uscourts.gov. Click on Forms & Publications; national court forms; AO 440 Summons in a Civil Action (revised 6/12). (alb) |
| Filing 4 DOCKET ANNOTATION BY COURT: "A complete and executed Civil Cover Sheet, currently AO Form JS 44, shall be filed by counsel for the filing party in each civil case at the time of filing, unless for good cause shown an additional time for such filing is allowed." [See Local Rule 5.2]. Please file the civil cover sheet using the event selection: Other Filings >> Other Documents >> Civil Cover Sheet. (alb) |
| Filing 3 Corporate Disclosure Statement/Certificate of Interested Persons by Vitality Worx LLC. (HARDER, GEORGE) |
| Filing 2 DOCKET ANNOTATION BY COURT: The parties in the above-referenced case were added to the docket incorrectly and will be corrected by the clerk. Party names are to be entered in all caps and without punctuation. For future reference: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or chapter 10 of the "CM/ECF Attorney User's Guide," available at www.flnd.uscourts.gov. (alb) |
| Filing 1 COMPLAINT against Vitality Worx LLC ( Filing fee $ 402 receipt number AFLNDC-8320481.), filed by Vitality Worx LLC. (HARDER, GEORGE) |
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| Plaintiff: VITALITY WORX LLC | |
| Represented By: | JAMES CHARLES PATTERSON |
| Represented By: | GEORGE F HARDER |
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| Defendant: BTL INDUSTRIES INC | |
| Represented By: | GREGORY STEWART GROSSMAN |
| Represented By: | JUAN JOSE MENDOZA |
| Represented By: | Jon C. Cowen |
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