VITALITY WORX LLC v. BTL INDUSTRIES
Plaintiff: VITALITY WORX LLC
Defendant: BTL INDUSTRIES INC
Case Number: 1:2024cv10349
Filed: February 13, 2024
Court: US District Court for the District of Massachusetts
Presiding Judge: F Dennis Saylor
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Contract Dispute
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2024 Filing 33 STIPULATION of Dismissal With Prejudice [JOINT] by BTL INDUSTRIES INC. (Cowen, Jon)
February 14, 2024 Filing 32 NOTICE of Appearance by Jon C. Cowen on behalf of BTL INDUSTRIES INC (Cowen, Jon)
February 13, 2024 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)
February 13, 2024 Filing 30 Case transferred in from District of Florida Northern; Case Number 3:23-cv-24633.
February 12, 2024 Opinion or Order 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)
February 12, 2024 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)
February 8, 2024 Filing 27 Witness List by BTL INDUSTRIES INC. (GROSSMAN, GREGORY)
February 8, 2024 Filing 26 Witness List by VITALITY WORX LLC. (HARDER, GEORGE)
January 2, 2024 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)
January 2, 2024 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)
December 29, 2023 Filing 24 NOTICE of Proposed Dates for Evidentiary Hearing on Transfer Motion by BTL INDUSTRIES INC re #23 Order,, Set Deadlines/Hearings, (MENDOZA, JUAN)
December 18, 2023 Opinion or Order 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)
December 15, 2023 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)
December 8, 2023 Opinion or Order 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)
December 7, 2023 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)
December 7, 2023 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)
December 1, 2023 Opinion or Order 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)
December 1, 2023 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)
November 30, 2023 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)
November 29, 2023 Filing 17 MOTION to Extend Timefor the Deadline to Respond to the Plaintiff's First Amended Complaint by BTL INDUSTRIES INC. (MENDOZA, JUAN)
November 29, 2023 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)
November 28, 2023 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)
November 13, 2023 Filing 15 FIRST AMENDED COMPLAINT against BTL INDUSTRIES INC, filed by VITALITY WORX LLC. (Attachments: #1 Exhibit Contract) (HARDER, GEORGE)
November 9, 2023 Opinion or Order 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)
November 9, 2023 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)
November 8, 2023 Filing 13 Consent MOTION to Extend Time by BTL INDUSTRIES INC. (MENDOZA, JUAN)
October 26, 2023 Filing 12 Corporate Disclosure Statement/Certificate of Interested Persons by VITALITY WORX LLC. (HARDER, GEORGE)
October 25, 2023 Filing 11 SUMMONS Returned Executed by VITALITY WORX LLC. BTL INDUSTRIES INC served on 10/19/2023, answer due 11/9/2023. (HARDER, GEORGE)
October 16, 2023 Filing 10 CIVIL COVER SHEET. (HARDER, GEORGE)
October 16, 2023 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)
October 16, 2023 Filing 8 Summons Issued as to BTL Industries, Inc.. (alb)
October 13, 2023 Filing 7 NOTICE Notice of Summons to Be Issued by Vitality Worx LLC (HARDER, GEORGE)
October 13, 2023 Filing 6 CIVIL COVER SHEET. (HARDER, GEORGE)
October 13, 2023 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)
October 13, 2023 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)
October 12, 2023 Filing 3 Corporate Disclosure Statement/Certificate of Interested Persons by Vitality Worx LLC. (HARDER, GEORGE)
October 12, 2023 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)
October 12, 2023 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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