MI-BOX of North Florida, LLC v. MI-BOX Holding Company et al
| MI-BOX of North Florida, LLC |
| MI-BOX Florida, LLC and MI-BOX Holding Company |
| 1:2024cv00253 |
| August 19, 2024 |
| US District Court for the District of New Hampshire |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 42 Case transferred in from District of Florida Middle; Case Number: 3:23-cv-01497. Original file certified copy of transfer order and docket sheet received |
| Filing 41 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (MCB) [Transferred from flmd on 8/19/2024.] |
Filing 40
ORDERED: Defendant MI-BOX Florida, LLC's Motion to Transfer Venue (Doc. #18 ) is GRANTED; and Defendant MI-BOX Holding Company's Motion to Transfer Venue (Doc. #27 ) is GRANTED in part as set forth herein and DENIED in all other aspects. After the claims are transferred, the Clerk is DIRECTED to terminate all pending motions and close this case. See Order for details. Signed by Judge Wendy W. Berger on 8/15/2024. (CKS) [Transferred from flmd on 8/19/2024.]
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Filing 39
ORDER granting #38 Sam Horovitz's motion asking the Court for leave to withdraw as counsel for MI-BOX Florida, LLC. Signed by Magistrate Judge Patricia D. Barksdale on 7/1/2024. (ASL) [Transferred from flmd on 8/19/2024.]
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| Filing 38 Unopposed MOTION to Withdraw by MI-BOX Florida, LLC. (Horovitz, Samuel) Motions referred to Magistrate Judge Patricia D. Barksdale. [Transferred from flmd on 8/19/2024.] |
| Filing 37 NOTICE OF SELECTION of Terrance E. Schmidt, Esq. as mediator by MI-BOX of North Florida, LLC. (Salkowski, Robert) [Transferred from flmd on 8/19/2024.] |
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Filing 36
ORDERED: The parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before March 5, 2024. Signed by Judge Wendy W. Berger on 2/6/2024. (CKS) [Transferred from flmd on 8/19/2024.]
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Filing 35
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/30/2024 Discovery due by 3/3/2025 Dispositive motions due by 4/2/2025 Pretrial statement due by 8/5/2025 All other motions due by 7/2/2025 Plaintiff disclosure of expert report due by 1/2/2025 Defendant disclosure of expert report due by 1/31/2025 Trial Status Conference set for 8/12/2025 at 10:00 AM in Jacksonville Courtroom 12 A before Judge Wendy W. Berger Jury Trial set for trial term commencing on 9/2/2025 at 09:00 AM in Jacksonville Courtroom 12 A before Judge Wendy W. Berger. Conduct mediation hearing by 3/17/2025. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 2/5/2024. (CKS) [Transferred from flmd on 8/19/2024.]
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| Filing 34 MEMORANDUM in opposition re #20 Motion to Dismiss (MI-BOX Florida, LLC's Partial Motion to Dismiss) filed by MI-BOX of North Florida, LLC. (Beda, Jacky) [Transferred from flmd on 8/19/2024.] |
| Filing 33 MEMORANDUM in opposition re #25 Motion to Dismiss (MI-BOX Holding Company's Motion to Dismiss) filed by MI-BOX of North Florida, LLC. (Beda, Jacky) [Transferred from flmd on 8/19/2024.] |
| Filing 32 MEMORANDUM in opposition re #18 Motion to Change Venue / Transfer Case, #27 Motion to Change Venue / Transfer Case filed by MI-BOX of North Florida, LLC. (Salkowski, Robert) [Transferred from flmd on 8/19/2024.] |
| Filing 31 CASE MANAGEMENT REPORT. (Beda, Jacky) [Transferred from flmd on 8/19/2024.] |
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Filing 30
ENDORSED ORDER granting #29 the plaintiff's unopposed motion for an extension of time. The deadline to respond to the motions is February 1, 2024. Signed by Magistrate Judge Patricia D. Barksdale on January 22, 2024. (AMH) [Transferred from flmd on 8/19/2024.]
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| Filing 29 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 Partial MOTION to Dismiss Complaint, #25 MOTION to Dismiss Complaint, #18 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a), #27 MOTION to Change Venue / Transfer Case and Incorporated Memorandum of Law by MI-BOX of North Florida, LLC. (Salkowski, Robert) Motions referred to Magistrate Judge Patricia D. Barksdale. [Transferred from flmd on 8/19/2024.] |
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Filing 28
ORDER granting #23 Channing Blair Hesse's motion asking the Court for permission to specially appear to represent MI-BOX Holding Company in this action. Signed by Magistrate Judge Patricia D. Barksdale on 1/17/2024. (ASL) [Transferred from flmd on 8/19/2024.]
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| Filing 27 MOTION to Change Venue / Transfer Case and Incorporated Memorandum of Law by MI-BOX Holding Company. (Attachments: #1 Exhibit Declaration of Michael Born)(Albee, Helen) Modified docket text on 1/16/2024 (JTM). [Transferred from flmd on 8/19/2024.] |
| Filing 26 MEMORANDUM in support re #25 Motion to Dismiss Complaint filed by MI-BOX Holding Company. (Albee, Helen) Modified docket text on 1/16/2024 (JTM). [Transferred from flmd on 8/19/2024.] |
| Filing 25 MOTION to Dismiss Complaint by MI-BOX Holding Company. (Albee, Helen) Modified docket text on 1/16/2024 (JTM). [Transferred from flmd on 8/19/2024.] |
| Filing 24 NOTICE of Appearance by Jacky Beda on behalf of MI-BOX of North Florida, LLC (Beda, Jacky) [Transferred from flmd on 8/19/2024.] |
| Filing 23 Unopposed MOTION for Channing Blair Hesse to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21644753 for $150 and Designation as Lead Counsel by MI-BOX Holding Company. (Albee, Helen) Motions referred to Magistrate Judge Patricia D. Barksdale. [Transferred from flmd on 8/19/2024.] |
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Filing 22
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 1/10/2024. (CKS) [Transferred from flmd on 8/19/2024.]
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| Filing 21 NOTICE of Lead Counsel Designation by Helen Heim Albee on behalf of MI-BOX Holding Company. Lead Counsel: Helen H Albee. (Albee, Helen) [Transferred from flmd on 8/19/2024.] |
| Filing 20 Partial MOTION to Dismiss Complaint by MI-BOX Florida, LLC. (Horovitz, Samuel) Modified on 1/10/2024 to edit docket text (EAM). [Transferred from flmd on 8/19/2024.] |
| Filing 19 REQUEST for oral argument re #18 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) by MI-BOX Florida, LLC. (Horovitz, Samuel) [Transferred from flmd on 8/19/2024.] |
| Filing 18 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) by MI-BOX Florida, LLC. (Horovitz, Samuel) [Transferred from flmd on 8/19/2024.] |
| Filing 17 NOTICE TO COUNSEL Helen Heim Albee of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) [Transferred from flmd on 8/19/2024.] |
| Filing 16 NOTICE of Lead Counsel Designation by Robert Francis Salkowski on behalf of MI-BOX of North Florida, LLC. Lead Counsel: Robert F. Salkowski. (Salkowski, Robert) [Transferred from flmd on 8/19/2024.] |
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Filing 15
ORDER granting #3 Benjamin Folsom's motion asking the Court for permission to specially appear to represent MI-BOX Florida, LLC, in this action. Signed by Magistrate Judge Patricia D. Barksdale on 1/5/2024. (ASL) [Transferred from flmd on 8/19/2024.]
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| Filing 14 CORPORATE Disclosure Statement by MI-BOX Holding Company. (Albee, Helen) [Transferred from flmd on 8/19/2024.] |
| Filing 13 NOTICE of Appearance by Helen Heim Albee on behalf of MI-BOX Holding Company (Albee, Helen) [Transferred from flmd on 8/19/2024.] |
| Filing 12 Case Reassigned to Judge Wendy W. Berger. New case number: 3:23-cv-1497-WWB-PDB. Senior Judge Brian J. Davis no longer assigned to the case. (AET) [Transferred from flmd on 8/19/2024.] |
| Filing 11 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CKS) [Transferred from flmd on 8/19/2024.] |
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Filing 10
ENDORSED ORDER granting #4 MI-BOX Florida's unopposed motion for an extension of time. MI-BOX Florida must respond to the complaint by January 9, 2024. Signed by Magistrate Judge Patricia D. Barksdale on December 28, 2023. (AMH) [Transferred from flmd on 8/19/2024.]
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| Filing 9 COMPLAINT against MI-BOX Florida, LLC, MI-BOX Holding Company with Jury Demand filed by MI-BOX of North Florida, LLC. (Filed in State Court on 11/6/2023). (MCB) [Transferred from flmd on 8/19/2024.] |
| Filing 8 NOTICE TO COUNSEL Jacky Beda and Robert Francis Salkowski of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ELM) [Transferred from flmd on 8/19/2024.] |
| Filing 7 FILED IN ERROR regenerated NEF to counsel. (ELM) Modified on 12/22/2023 to edit text (ELM). [Transferred from flmd on 8/19/2024.] |
| Filing 6 FILED IN ERROR regenerated NEF to counsel. (ELM) Modified on 12/22/2023 to edit text (ELM). [Transferred from flmd on 8/19/2024.] |
| Filing 5 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Patricia D. Barksdale. New case number: 3:23-cv-1497-BJD-PDB. Motion(s) REFERRED: #4 MOTION for Extension of Time to File Answer , #3 Unopposed MOTION for Benjamin B. Folsom to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21590551 for $150 . Motion(s) referred to Magistrate Judge Patricia D. Barksdale. (AA) [Transferred from flmd on 8/19/2024.] |
| Filing 4 UNOPPOSED MOTION for Extension of Time to Respond to Complaint by MI-BOX Florida LLC. (Horovitz, Samuel) Modified on 12/21/2023 to edit text (ELM). [Transferred from flmd on 8/19/2024.] |
| Filing 3 Unopposed MOTION for Benjamin B. Folsom to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21590551 for $150 by MI-BOX Florida LLC. (Horovitz, Samuel) [Transferred from flmd on 8/19/2024.] |
| Filing 2 CORPORATE Disclosure Statement by MI-BOX Florida LLC. (Horovitz, Samuel) [Transferred from flmd on 8/19/2024.] |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court Fourth Judicial Circuit, case number 16-2023-CA-011228 filed in State Court on 11/06/2023. Filing fee $405, receipt number AFLMDC-21589597 filed by MI-BOX Florida LLC, MI-BOX Holding Company. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Horovitz, Samuel) [Transferred from flmd on 8/19/2024.] |
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