Functional HIIT Fitness, LLC v. F45 Training Incorporated et al
| Functional HIIT Fitness, LLC |
| Adam Gilchrist, Robert Deutsch, Marc Marano, Luke Armstrong and Nick Abrahams |
| F45 Training Incorporated |
| Donald Jordan |
| 4:2022cv10168 |
| January 26, 2022 |
| US District Court for the Eastern District of Michigan |
| Kimberly G Altman |
| F Kay Behm |
| Judith E Levy |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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Filing 80
ORDER Referring Matters for Discovery to Magistrate Judge Kimberly G. Altman. Signed by District Judge F. Kay Behm. (KMac)
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Filing 79
NOTICE TO APPEAR REMOTELY: Status Conference set for 3/7/2024 at 10:30 AM before District Judge F. Kay Behm. *Microsoft Teams link will be emailed to the attorneys. (KMac)
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Filing 78
CASE MANAGEMENT ORDER (PHASE I): Video Status Conference set for 3/7/2024 at 10:30 AM before District Judge F. Kay Behm; Fact and Expert Discovery due by 6/21/2024; Dispositive Motion Cut-off set for 8/22/2024. Signed by District Judge F. Kay Behm. (Refer to image for additional dates) (KMac)
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Filing 77
ANSWER to Third Party Complaint with Affirmative Defenses , COUNTERCLAIM filed by Donald Jordan against F45 Training Incorporated, Marc Marano by Donald Jordan. (Attachments: #1 Exhibit 1-3) (August, Gary)
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Minute Entry for remote proceedings before District Judge F. Kay Behm: Scheduling Conference held on 11/16/2023. The Court will issue a Scheduling Order. (Court Reporter: None Present, Not on the Record) (KMac)
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RESET Hearings: Video Scheduling Conference RESET for 11/16/2023 at 11:00 AM before District Judge F. Kay Behm. *TIME CHANGE ONLY. MICROSOFT TEAMS LINK REMAINS THE SAME* (KMac)
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Filing 76
DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (August, Gary)
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Filing 75
ANSWER to Counterclaim with Affirmative Defenses by Functional HIIT Fitness, LLC. (August, Gary)
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Filing 74
THIRD-PARTY SUMMONS Issued for *Donald Jordan* (MCho)
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REQUEST for THIRD-PARTY SUMMONS for Donald Jordan. (Sturm, Michael)
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Filing 73
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by F45 Training Incorporated identifying Corporate Parent F45 Training Holdings Inc. for F45 Training Incorporated. (Sturm, Michael)
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Filing 72
ANSWER to Complaint with Affirmative Defenses by Marc Marano. (Sturm, Michael)
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Filing 71
ANSWER to Complaint with Affirmative Defenses , THIRD PARTY COMPLAINT filed by F45 Training Incorporated against Donald Jordan, COUNTERCLAIM filed by F45 Training Incorporated against Functional HIIT Fitness, LLC by F45 Training Incorporated. (Sturm, Michael)
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Filing 70
MOTION for Reconsideration or Clarification of Certain Choice of Law Rulings in ECF No. 66 by F45 Training Incorporated, Marc Marano. (Sturm, Michael)
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Filing 69
ORDER of Attorney Withdrawal with stipulation. Signed by District Judge F. Kay Behm. (SSch)
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Filing 68
NOTICE TO APPEAR BY VIDEO CONFERENCE: Scheduling Conference set for 11/16/2023 at 11:30 AM before District Judge F. Kay Behm *MICROSOFT TEAMS LINK WILL BE EMAILED TO THE PARTIES* (KMac)
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Filing 67
[STRICKEN PER TEXT-ONLY ORDER DATED 10/3/2023] STIPULATION for Withdrawal of Counsel for Defendants F45 Training Incorporated and Marc Marano by F45 Training Incorporated, Marc Marano (Harrell, Michelle) Modified on 10/3/2023 (KMac).
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TEXT-ONLY ORDER Striking #67 Stipulation. PURSUANT TO THE ECF RULES AND PROCEDURES MANUAL, STIPULATIONS AND PROPOSED ORDERS MUST BE SUBMITTED IN WORD FORMAT THROUGH THE UTILITIES SECTION OF CM/ECF. Issued by District Judge F. Kay Behm. (KMac)
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Filing 66
OPINION AND ORDER Denying Plaintiff's Motion to Strike (ECF No. #61 ), Denying Plaintiff's Motion to Supplement the Record (ECF No. #63 ), Modifying the Report and Recommendation as to Counts V, VI, VII, and VIII, and Granting in Part and Denying in Part Defendants' Motions to Dismiss (ECF Nos. #17 , #18 , #20 , #48 ) Signed by District Judge F. Kay Behm. (KMac)
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Filing 65
NOTICE of Appearance by John A. MacKenzie on behalf of F45 Training Incorporated, Marc Marano. (MacKenzie, John)
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Filing 64
RESPONSE to #63 MOTION for Order filed by All Defendants. (Sturm, Michael)
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TEXT-ONLY ORDER Regarding #63 MOTION for Order filed by Functional HIIT Fitness, LLC. Any response to this motion must be filed within 7 days. IT IS SO ORDERED. Issued by District Judge F. Kay Behm. (MacKay, K)
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Filing 63
MOTION for Order by Functional HIIT Fitness, LLC. (August, Gary)
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Filing 62
RESPONSE to #61 MOTION to Strike #60 Notice (Other) filed by All Defendants. (Landon, Richard)
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Filing 61
MOTION to Strike #60 Notice (Other) by All Plaintiffs. (August, Gary)
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Filing 60
NOTICE by All Defendants re #55 Objection to Report and Recommendation Supplemental Authority (Attachments: #1 Exhibit A) (Landon, Richard)
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Text-Only Order of reassignment from District Judge Judith E. Levy to District Judge F. Kay Behm pursuant to Administrative Order 23-AO-003. (SSch)
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Filing 59
REPLY to #57 Response (Free) to Report and Recommendation by Functional HIIT Fitness, LLC. (Attachments: #1 Exhibit 1) (August, Gary)
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Filing 58
REPLY to #56 Response (Free) by F45 Training Incorporated, Marc Marano. (Sturm, Michael)
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Filing 57
RESPONSE to #55 Objection to Report and Recommendation by All Defendants. (Sturm, Michael)
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Filing 56
RESPONSE to #54 Objection to Report and Recommendation by All Plaintiffs. (August, Gary)
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Filing 55
OBJECTION to #52 Report and Recommendation by All Plaintiffs. (August, Gary)
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Filing 54
OBJECTION to #52 Report and Recommendation by F45 Training Incorporated, Marc Marano. (Sturm, Michael)
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Filing 53
TRANSCRIPT of Motions to Dismiss held on 08/09/2022. (Court Reporter/Transcriber: Timothy Floury) (Number of Pages: 64) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 11/22/2022. Redacted Transcript Deadline set for 12/2/2022. Release of Transcript Restriction set for 1/30/2023. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Floury, Timothy)
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Filing 52
REPORT AND RECOMMENDATION on Defendants' #17 , #18 , #20 , #48 Motions to Dismiss. Signed by Magistrate Judge Kimberly G. Altman. (JOwe)
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Minute Entry for in-person proceedings before Magistrate Judge Kimberly G. Altman: Motion Hearing held on 8/9/2022 re #17 Amended MOTION to Dismiss filed by F45 Training Incorporated, #18 MOTION to Dismiss filed by Luke Armstrong, Adam Gilchrist, #20 MOTION to Dismiss filed by Marc Marano, Nick Abrahams - Disposition: Motions taken under advisement. (Court Reporter: Digitally Recorded) (CCie)
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Filing 51
REPLY to Response re #48 MOTION to Dismiss all Claims filed by Robert Deutsch. (Landon, Richard)
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Filing 50
RESPONSE to #48 MOTION to Dismiss all Claims filed by Functional HIIT Fitness, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (August, Gary)
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Filing 49
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE re #48 MOTION to Dismiss all Claims - Signed by Magistrate Judge Kimberly G. Altman. (CCie)
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Filing 48
MOTION to Dismiss all Claims by Robert Deutsch. (Landon, Richard)
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Filing 47
NOTICE OF IN PERSON HEARING on #20 MOTION to Dismiss , #18 MOTION to Dismiss , #17 Amended MOTION to Dismiss - Motion Hearing set for 8/9/2022 at 2:00 PM before Magistrate Judge Kimberly G. Altman - (CCie)
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Filing 46
REPLY to Response re #20 MOTION to Dismiss filed by Nick Abrahams, Marc Marano. (Sturm, Michael)
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Filing 45
REPLY to Response re #18 MOTION to Dismiss filed by Luke Armstrong, Adam Gilchrist. (Sturm, Michael)
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Filing 44
REPLY to Response re #17 Amended MOTION to Dismiss filed by F45 Training Incorporated. (Sturm, Michael)
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Filing 43
ORDER GRANTING #42 Motion for Leave to File Excess Pages - Signed by Magistrate Judge Kimberly G. Altman. (CCie)
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Filing 42
Ex Parte MOTION for Leave to File Excess Pages by F45 Training Incorporated. (Sturm, Michael)
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Filing 41
STIPULATED ORDER SETTING ASIDE #26 CLERK'S ENTRY OF DEFAULT, TERMINATING #28 MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT, AND SETTING DATES FOR DEFENDANT DEUTSCH TO RESPOND TO PLAINTIFFS COMPLAINT - Signed by Magistrate Judge Kimberly G. Altman. (CCie)
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Filing 40
STIPULATION Setting Aside Default, #26, and Setting Dates for Defendant Deutsch to Respond to Plaintiff's Complaint by All Plaintiffs (August, Gary)
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Filing 39
NOTICE of Change of Address/Contact Information by Ari Stern on behalf of Functional HIIT Fitness, LLC. (Stern, Ari)
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Filing 38
RESPONSE to #20 MOTION to Dismiss All Claims by Defendants Nick Abrahams and Marc Marano filed by Functional HIIT Fitness, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (August, Gary)
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Filing 37
ORDER ON WITHDRAWAL OF INADEQUATE SERVICE OF PROCESS ARGUMENT IN DEFENDANT NICK ABRAHAM'S #20 MOTION TO DISMISS re #36 Stipulation filed by Functional HIIT Fitness, LLC - Signed by Magistrate Judge Kimberly G. Altman. (CCie)
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Filing 36
STIPULATION for Withdraw of Portion of Defendant Nick Abrahams' Motion to Dismiss, ECF #20, Related to Argument of Inadequate Service of Process Pursuant to Fed.R.Civ.Proc. 12(B)(5) Only by All Plaintiffs (August, Gary)
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Filing 35
RESPONSE to #18 MOTION to Dismiss All Claims by Individual Defendants Adam Gilchrest and Luke Armstrong filed by Functional HIIT Fitness, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (August, Gary)
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Filing 34
RESPONSE to #17 Amended MOTION to Dismiss filed by Functional HIIT Fitness, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (August, Gary)
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Filing 33
ORDER GRANTING PLAINTIFF'S EX PARTE #32 Motion for Leave to File Excess Pages - Signed by Magistrate Judge Kimberly G. Altman. (CCie)
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Filing 32
PLAINTIFF'S EX PARTE MOTION for Leave to File Excess Pages - by Functional HIIT Fitness, LLC. (CCie)
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Filing 31
ORDER SETTING BRIEFING SCHEDULE ON DEFENDANT ROBERT DEUTSCHS #28 MOTION TO SET ASIDE DEFAULT re #30 Stipulation filed by Functional HIIT Fitness - Signed by Magistrate Judge Kimberly G. Altman. (CCie)
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Filing 30
STIPULATION re #28 MOTION to Set Aside #26 Clerks Entry of Default by Functional HIIT Fitness, LLC (August, Gary)
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Filing 29
NOTICE of Appearance by Richard Landon on behalf of All Defendants. (Landon, Richard)
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Filing 28
MOTION to Set Aside #26 Clerks Entry of Default by Robert Deutsch. (Attachments: #1 Exhibit A - Declaration of Robert Deutsch in Support of Motion) (Sturm, Michael)
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Filing 27
NOTICE by Robert Deutsch Notice of Appearance and Statement of Intent to Defend (Sturm, Michael)
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Filing 26
CLERK'S ENTRY OF DEFAULT as to *Robert Deutsch* (SKra)
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Filing 25
REQUEST FOR CLERK'S ENTRY OF DEFAULT as to Robert Deutsch by Functional HIIT Fitness, LLC. (Attachments: #1 Exhibit Proof of Service-Personal and Certified) (August, Gary)
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Filing 24
TEXT-ONLY ORDER TERMINATING #16 Motion to Dismiss (ECF #16 is a duplicate of ECF #18 Motion to Dismiss) - Entered by Magistrate Judge Kimberly G. Altman. (CCie)
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Minute Entry for telephonic proceedings before Magistrate Judge Kimberly G. Altman: Telephonic Status Conference held on 3/31/2022 - (Responses to ECF #17 , #18 , and #20 due: April 29, 2022/Reply due by June 6, 2022, Response due May 6,2022/Reply due June 6, 2022, Response due May 10, 2022/Reply due June 6, 2022) - (Court Reporter: None Present, Not on the Record) (CCie)
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Filing 23
NOTICE of Appearance by Michael L. Sturm on behalf of Nick Abrahams, Luke Armstrong, F45 Training Incorporated, Adam Gilchrist, Marc Marano. (Sturm, Michael)
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Filing 22
NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/31/2022 at 2:00 PM before Magistrate Judge Kimberly G. Altman - ***PLEASE SEE NOTICE FOR IMPORTANT CALL-IN INFORMATION*** (CCie)
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Filing 21
ORDER Referring Pretrial Matters to Magistrate Judge Kimberly G. Altman. Signed by District Judge Judith E. Levy. (WBar)
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Filing 20
MOTION to Dismiss by Nick Abrahams, Marc Marano. (Attachments: #1 Exhibit A, #2 Exhibit B) (Harrell, Michelle)
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Filing 19
NOTICE of Appearance by Michelle C. Harrell on behalf of Nick Abrahams, Marc Marano. (Harrell, Michelle)
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Filing 18
MOTION to Dismiss by Luke Armstrong, Adam Gilchrist. (Harrell, Michelle)
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Filing 17
Amended MOTION to Dismiss by F45 Training Incorporated. (Harrell, Michelle)
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Filing 16
MOTION to Dismiss by Luke Armstrong, Adam Gilchrist. (Harrell, Michelle)
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Filing 15
MOTION to Dismiss by F45 Training Incorporated. (Harrell, Michelle)
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Filing 14
NOTICE of Appearance by Michelle C. Harrell on behalf of Luke Armstrong, F45 Training Incorporated, Adam Gilchrist. (Harrell, Michelle)
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Filing 13
STIPULATION re #1 Complaint,, Extension of Time for Defendants, F45, Gilchrist, and Armstrong's Answer by Functional HIIT Fitness, LLC (August, Gary)
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TEXT-ONLY ORDER Granting #13 Stipulation to Extend Time for Defendants F45 Training, Inc., Adam Gilchrist, and Luke Armstron to Answer #1 Complaint; Responsive Pleading due by 3/21/2022, Signed by District Judge Judith E. Levy. (WBar)
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Filing 12
CERTIFICATE of Service/Summons Returned Executed. Robert Deutsch served on 2/8/2022, answer due 3/25/2022. (August, Gary)
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Filing 11
CERTIFICATE of Service/Summons Returned Executed. Marc Marano served on 2/8/2022, answer due 3/25/2022. (August, Gary)
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Filing 10
CERTIFICATE of Service/Summons Returned Executed. Nick Abrahams served on 2/8/2022, answer due 3/1/2022. (August, Gary)
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Filing 9
CERTIFICATE of Service/Summons Returned Executed. Adam Gilchrist served on 2/8/2022, answer due 3/1/2022. (August, Gary)
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Filing 8
CERTIFICATE of Service/Summons Returned Executed. Luke Armstrong served on 2/8/2022, answer due 3/1/2022. (August, Gary)
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Filing 7
CERTIFICATE of Service/Summons Returned Executed. F45 Training Incorporated served on 2/8/2022, answer due 3/1/2022. (August, Gary)
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Filing 6
CERTIFICATE of Service/Summons Returned Executed. Robert Deutsch served on 3/4/2022, answer due 3/25/2022. (August, Gary)
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Filing 5
CERTIFICATE of Service/Summons Returned Executed. Marc Marano served on 3/4/2022, answer due 3/25/2022. (August, Gary)
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Filing 4
NOTICE of Appearance by Ari Stern on behalf of Functional HIIT Fitness, LLC. (Stern, Ari)
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Filing 3
ATTORNEY APPEARANCE: Justin J Twigg appearing on behalf of Functional HIIT Fitness, LLC (Twigg, Justin)
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Filing 2
SUMMONS Issued for * All Defendants * (DPer)
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A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DPer)
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Filing 1
COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8770483 - Fee: $ 402. County of 1st Plaintiff: Oakland - County Where Action Arose: Oakland - County of 1st Defendant: New Castle. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit) (August, Gary)
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