St. Francis LLC v. Cynosure, Inc.
| St. Francis Holdings, LLC, Francis J. Averill, M.D. and St. Francis LLC |
| Amur Equipment Finance, Inc., MMP Capital, Inc., Cynosure, Inc. n/k/a Cynosure, LLC and Cynosure, Inc. |
| Pawnee Leasing Corporation |
| Francis Averill |
| 2:2020cv05628 |
| November 18, 2020 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Margo K Brodie |
| Gary R Brown |
| Anne Y Shields |
| A Kathleen Tomlinson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2020. A more recent docket listing may be available from PACER.
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ORDER REASSIGNING CASE. Case reassigned to Judge Margo K. Brodie and Magistrate Judge Anne Y. Shields for all further proceedings (as relatedto 20-cv-4636). Judge Gary R. Brown, Magistrate Judge A. Kathleen Tomlinson no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Roslynn R. Mauskopf on 12/14/2020. (Davis, Kimberly)
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| Filing 98 Letter requesting consolidation by Francis J. Averill, M.D., St. Francis Holdings, LLC (Campbell, C.) |
| Filing 97 STATUS REPORT (Joint Status Report) by Francis J. Averill, M.D., St. Francis Holdings, LLC (Campbell, C.) |
| Filing 96 NOTICE of Appearance by C. Phillip Campbell, Jr on behalf of Francis J. Averill, M.D., St. Francis Holdings, LLC (aty to be noticed) (Campbell, C.) |
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ORDER granting #95 Motion for Leave to Appear Pro Hac Vice. Counsel shall register for ECF. Registration is available online at www.pacer.gov. Once registered, counsel shall file a notice of appearance and ensure that electronic notification of activity is received. Also, counsel shall ensure the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/30/2020. (Wolf, Deanna)
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| Filing 95 MOTION to Appear Pro Hac Vice of C. Philip Campbell, Jr. Filing fee $ 150, receipt number ANYEDC-13740538. by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Attachments: #1 Sponsoring Affidavit of Peter R. Silverman, Esq., #2 Declaration) (Silverman, Peter) |
| Filing 94 NOTICE of Appearance by Matthew F. Kye on behalf of Amur Equipment Finance, Inc. (aty to be noticed) (Kye, Matthew) |
| Filing 93 NOTICE of Appearance by Peter Ray Silverman on behalf of St. Francis LLC (aty to be noticed) (Silverman, Peter) |
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ORDER denying #57 Motion to Strike ; denying #89 Motion for Attorney Fees. The referenced motions are denied without prejudice to renewal upon complying with the undersigned's individual rules. Based upon the undersigned's individual rules, before filing any motion, the parties are required to file a pre-motion letter outlining the motion and requesting pre-motion conference. Counsel should note that, in appropriate cases, the pre-motion letter and response along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself, and failure to raise the arguments in the pre-motion letters and the pre-motion conference shall be deemed waived. The Court also observes the bundling rule. See Rule II. Ordered by Judge Gary R. Brown on 11/20/2020. c/ecf (Johnston, Linda)
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SCHEDULING ORDER. In light of the transfer of this case to this Court, counsel are directed to file a joint status report concerning discovery by December 4, 2020. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/20/2020. (Wolf, Deanna)
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| Filing 92 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
| Filing 91 Case transferred in from District of Florida Middle; Case Number 8:20-cv-01101. Original file certified copy of transfer order and docket sheet received. |
| The case of St. Francis LLC v. Cynosure, Inc., has been transferred from U.S. District Court, Middle District of Florida to the Eastern District of New York. The new case number is 20-cv-5628-GRB-AKT. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Cox, Dwayne) |
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Filing 90
ORDER granting #83 Motion to Change Venue / Transfer Case in accordance with attached order. Signed by Judge William F. Jung on 11/17/2020. (CCM) [Transferred from Florida Middle on 11/19/2020.]
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| MOTION for Attorney Fees see document #89 by Pawnee Leasing Corporation. (Cox, Dwayne) |
| Filing 89 MOTION for Attorney Fees by Pawnee Leasing Corporation. (Attachments: #1 Exhibit A, #2 Exhibit 1)(Drushal, Amy) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 88
ORDER granting #53 Motion to Dismiss in accordance with attached order; ruling deferred #57 Motion to Strike. Signed by Judge William F. Jung on 10/27/2020. (CCM) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 87 REPLY to Response to Motion re #83 MOTION to Change Venue / Transfer Case filed by Amur Equipment Finance, Inc. (Aragona, Anthony) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 86 RESPONSE re 85 Order no pdf to Oct 21, 2020 Endorsed Order filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Attachments: #1 Exhibit A - Pawnee Lease Agreement)(Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 85
ENDORSED ORDER: Please refer to the Amended Complaint, page 10 paragraph 54. Plaintiffs state: But sec. 1 of the Pawnee Lease Agreement Addendum directs Pawnee Leasing to pay Cynosure the contract price for the SculpSure System based on "[St. Francis's] complete satisfaction of [sic] the Equipment as it is now" with St. Francis supposedly agreeing "that the Equipment is irrevocably accepted for all purposes." See Exhibit 6, Addendum to Lease Agreement sec. 1. The Court has been unable to find the above-quoted language in Exhibit 6, as cited by Plaintiffs. Please inform where one may find this language. Kindly provide a short answer by filing on this docket within 5 days. Signed by Judge William F. Jung on 10/21/2020. (Jung, William) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 84 RESPONSE in Opposition re #83 MOTION to Change Venue / Transfer Case filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 83 MOTION to Change Venue / Transfer Case by Amur Equipment Finance, Inc. (Attachments: #1 Exhibit "A" and "B" to Motion)(Aragona, Anthony) [Transferred from Florida Middle on 11/19/2020.] |
| Acknowledgment - Transferred case has been opened in the Eastern District of New York as case 2:20-cv-04636, filed on 09/24/2020 re: defendant MMP Capital, Inc. (AG) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 82
ENDORSED ORDER denying as moot #47 Motion to Dismiss. Movant Cynosure may reassert at the new forum if permitted by that Court. Signed by Judge William F. Jung on 9/24/2020. (Jung, William) [Transferred from Florida Middle on 11/19/2020.]
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| Case Transferred to the Eastern District of New York as to defendant MMP Capital, Inc. (AG) [Transferred from Florida Middle on 11/19/2020.] |
| Case Transferred to the District of Massachusetts as to defendant Cynosure, Inc. (AG) [Transferred from Florida Middle on 11/19/2020.] |
| Acknowledgment - Transferred case has been opened in the District of Massachusetts as case 1:20-cv-11747, filed on 09/24/2020 re: defendant Cynosure, Inc. (AG) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 81
ORDER granting #49 Motion to Change Venue / Transfer Case; granting #55 Motion to Change Venue / Transfer Case. Signed by Judge William F. Jung on 9/23/2020. (CCM) (LNR). [Transferred from Florida Middle on 11/19/2020.]
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Filing 80
ENDORSED ORDER granting #74 Motion to Change Venue / Transfer Case. Signed by Judge William F. Jung on 9/23/2020. (CCM) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 79 Minute Entry. Proceedings held before Judge William F. Jung: MOTION HEARING held on 9/9/2020 re #47 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Cynosure, Inc. n/k/a Cynosure, LLC; #55 MOTION to Change Venue/Transfer Case filed by MMP Capital, Inc.; #53 MOTION to Dismiss Amended Complaint filed by Pawnee Leasing Corporation; #49 MOTION to Change Venue/Transfer Case [DEFENDANT CYNOSURE LLC'S MOTION TO TRANSFER VENUE filed by Cynosure, Inc.]; #57 MOTION to Strike Jury Demand filed by Pawnee Leasing Corporation; #54 MOTION to Dismiss Counts I, III, IV, and V of Plaintiffs' Amended Complaint filed by MMP Capital, Inc.; #74 MOTION to Change Venue/Transfer Case; Request to Have the Court Consider MMP's Motion to Transfer Venue (Doc. #55 ) Before MMP's Motion to Dismiss (Doc. #54 ) filed by MMP Capital, Inc.; and #59 MOTION to Strike Plaintiffs' Jury Demand filed by MMP Capital, Inc. Court Reporter: Tracey Aurelio (SAO) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 78 REPLY to Response to Motion re #59 MOTION to Strike Plaintiffs' Jury Demand filed by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 77 RESPONSE in Opposition re #59 MOTION to Strike Plaintiffs' Jury Demand and Supporting Memorandum of Law filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 76 REPLY to Response to Motion re #54 MOTION to Dismiss Counts I, III, IV, and V of Plaintiffs' Amended Complaint and Supporting Memorandum of Law filed by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 75 REPLY to Response to Motion re #57 MOTION to Strike Jury Demand filed by Pawnee Leasing Corporation. (McBride, William) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 74 MOTION to Change Venue / Transfer Case; Request to Have the Court Consider MMP's Motion to Transfer Venue #55 Before MMP's Motion to Dismiss #54 by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 73 REPLY to Response to Motion re #55 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) filed by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 72 REPLY to Response to Motion re #47 MOTION to Dismiss Plaintiffs' First Amended Complaint and Supporting Memorandum of Law filed by Cynosure, Inc. (Wiesner, Jocelyn) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 71 REPLY to Response to Motion re #49 MOTION to Change Venue / Transfer Case [Defendant Cynosure LLC'S Motion to Transfer Venue Under 28 U.S.C. 1404(a) and Supporting Memorandum of Law] filed by Cynosure, Inc. (Wiesner, Jocelyn) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 70 REPLY to Response to Motion re #53 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by Pawnee Leasing Corporation. (Drushal, Amy) Modified text on 9/1/2020 (LNR). [Transferred from Florida Middle on 11/19/2020.] |
| Filing 69 RESPONSE in Opposition re #54 MOTION to Dismiss Counts I, III, IV, and V of Plaintiffs' Amended Complaint and Supporting Memorandum of Law and #56 Amur Equipment Finance, Inc.'s Concurrence with MMP Capital's Motion to Dismiss filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 68 RESPONSE in Opposition re #57 MOTION to Strike Jury Demand filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 67
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 10/11/2021, Final Pretrial Conference set for 1/13/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung, Jury Trial set for the February 2022 trial term commencing 2/7/2022 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung, Conduct mediation hearing by 8/9/2021. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 8/25/2020. (SAO) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 66 RESPONSE in Opposition re #47 MOTION to Dismiss Plaintiffs' First Amended Complaint and Supporting Memorandum of Law filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 65 RESPONSE in Opposition re #49 MOTION to Change Venue / Transfer Case [DEFENDANT CYNOSURE LLC'S MOTION TO TRANSFER VENUE UNDER 28 U.S.C. 1404(a) and SUPPORTING MEMORANDUM OF LAW] filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 64 RESPONSE in Opposition re #55 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 63 CASE MANAGEMENT REPORT. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 62 RESPONSE in Opposition re #53 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law filed by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 61
ENDORSED ORDER granting #60 Motion for Extension of Time to File Response to #55 MOTION to Change Venue / Transfer Case, #54 MOTION to Dismiss Counts I, III, IV, and V of Plaintiffs' Amended Complaint. Responses due by 8/28/2020. Signed by Judge William F. Jung on 8/21/2020. (CCB) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 60 Unopposed MOTION for Extension of Time to File Response/Reply as to #55 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a), #54 MOTION to Dismiss Counts I, III, IV, and V of Plaintiffs' Amended Complaint and Supporting Memorandum of Law by All Plaintiffs. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 59 MOTION to Strike Plaintiffs' Jury Demand by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 58 NOTICE of TELEPHONIC HEARING on all pending motions including #53 MOTION to Dismiss Amended Complaint, #57 MOTION to Strike Jury Demand, #55 MOTION to Change Venue / Transfer Case, #54 MOTION to Dismiss Counts I, III, IV, and V of Plaintiffs' Amended Complaint, #49 MOTION to Change Venue / Transfer Case, #47 MOTION to Dismiss Plaintiffs' First Amended Complaint. Motion Hearing set for 9/9/2020 at 9:30 AM in Tampa Courtroom 15 B before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the #(pound) key. You will be prompted to enter the security code: 1101 followed by the #(pound) key. This conference will be activated at 9:00 AM so the hearing may start promptly at 9:30 AM.(CCB) [Transferred from Florida Middle on 11/19/2020.] |
| MOTION to Strike Jury Demand, see document #57 by Pawnee Leasing Corporation. (Cox, Dwayne) |
| Filing 57 MOTION to Strike Jury Demand by Pawnee Leasing Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McBride, William) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 56 JOINDER in motion by Amur Equipment Finance, Inc. re #54 MOTION to Dismiss Counts I, III, IV, and V of Plaintiffs' Amended Complaint and Supporting Memorandum of Law filed by MMP Capital, Inc. (Attachments: #1 Exhibit)(Aragona, Anthony) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 55 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. 1404(a) by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 54 MOTION to Dismiss Counts I, III, IV, and V of Plaintiffs' Amended Complaint and Supporting Memorandum of Law by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 53 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by Pawnee Leasing Corporation. (Drushal, Amy) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 52
ENDORSED ORDER granting #51 Motion for Extension of Time to File Response to #49 MOTION to Change Venue / Transfer Case, #47 MOTION to Dismiss Plaintiffs' First Amended Complaint. Responses due by 8/24/2020. Signed by Judge William F. Jung on 8/7/2020. (CCB) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 51 Unopposed MOTION for Extension of Time to File Response/Reply as to #47 MOTION to Dismiss Plaintiffs' First Amended Complaint and Supporting Memorandum of Law, #49 MOTION to Change Venue / Transfer Case [Defendant Cynosure LLC'S Motion to Transfer Venue Under 28 U.S.C. 1404(a) and Supporting Memorandum of Law] by All Plaintiffs. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 50 DECLARATION of JOCELYN WIESNER re #49 MOTION to Change Venue / Transfer Case [Defendant Cynosure LLC'S Motion to Transfer Venue under 28 U.S.C. 1404(a) and Supporting Memorandum of Law] by Cynosure, Inc. (Attachments: #1 Exhibit A)(Wiesner, Jocelyn) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 49 MOTION to Change Venue / Transfer Case [Defendant Cynosure LLC'S Motion to Transfer Venue Under 28 U.S.C. 1404(a) and Supporting Memorandum of Law] by Cynosure, Inc. (Wiesner, Jocelyn) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 48 DECLARATION of Jocelyn Wiesner re #47 MOTION to Dismiss Plaintiffs' First Amended Complaint and Supporting Memorandum of Law by Cynosure, Inc. n/k/a Cynosure, LLC. (Attachments: #1 Exhibit A)(Wiesner, Jocelyn) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 47 MOTION to Dismiss Plaintiffs' First Amended Complaint and Supporting Memorandum of Law by Cynosure, Inc. n/k/a Cynosure, LLC. (Wiesner, Jocelyn) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 46
ENDORSED ORDER granting #45 Motion for Extension of Time to File response to amended complaint on or before 8/10/2020. Signed by Judge William F. Jung on 7/27/2020. (CCB) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 45 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Amended Complaint by Pawnee Leasing Corporation. (Drushal, Amy) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 44
ENDORSED ORDER: The case of 8:20-cv-1513-T-02 is consolidated with this case for all further proceedings. The parties shall file all subsequent papers in this lead case. Signed by Judge William F. Jung on 7/16/2020. (CCB) [Transferred from Florida Middle on 11/19/2020.]
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Filing 43
ENDORSED ORDER granting #41 Motion for Extension of Time to Answer. Amur Equipment Finance, Inc. answer or response due 8/13/2020. Signed by Judge William F. Jung on 7/15/2020. (Jung, William) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 42 NOTICE of Appearance by Anthony J. Aragona, III on behalf of Amur Equipment Finance, Inc. (Aragona, Anthony) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 41 First MOTION for Extension of Time to File Answer re #21 Amended Complaint by Amur Equipment Finance, Inc. (Aragona, Anthony) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 40 CORPORATE Disclosure Statement by Amur Equipment Finance, Inc. (Aragona, Anthony) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 39 NOTICE by Francis J. Averill, M.D., St. Francis Holdings, LLC of Filing Unopposed Motion to Consolidate in Case No. 20-cv-1513 (Attachments: #1 Exhibit A - Unopposed Motion to Consolidate 20-cv-1513)(Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 38 CERTIFICATE of interested persons and corporate disclosure statement re #2 Corporate Disclosure Statement by Pawnee Leasing Corporation identifying Corporate Parent Chesswood Group Limited for Pawnee Leasing Corporation. (McBride, William) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 37 NOTICE of Appearance by Amy Lea Drushal on behalf of Pawnee Leasing Corporation. (Drushal, Amy) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 36 NOTICE of Appearance by William Albert McBride on behalf of Pawnee Leasing Corporation. (McBride, William) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 35 NOTICE of pendency of related cases per Local Rule 1.04(d) by St. Francis Holdings, LLC. Related case(s): yes (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 34 CORPORATE Disclosure Statement by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 33
ENDORSED ORDER granting #32 Motion for Extension of Time to File Response to amended complaint. Response due by 8/10/2020. Signed by Judge William F. Jung on 6/30/2020. (CCB) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 32 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Amended Complaint (Doc 21) by MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 31 NOTICE of Appearance by Ronald Marc Emanuel on behalf of MMP Capital, Inc. (Emanuel, Ronald) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 30 RETURN of service executed on June 19, 2020 by St. Francis Holdings, LLC, Francis J. Averill, M.D. as to MMP Capital, Inc. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 29
ENDORSED ORDER granting #28 Motion for Extension of Time to File Response to amended complaint. Response due by 7/27/2020. Signed by Judge William F. Jung on 6/19/2020. (CCB) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 28 MOTION for Extension of Time to File Response/Reply as to #21 Amended Complaint by Cynosure, Inc. (Wiesner, Jocelyn) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 27 RETURN of service executed on 6/17/2020 by St. Francis Holdings, LLC, Francis J. Averill, M.D. as to Amur Equipment Finance, Inc. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 26 SUMMONS issued as to Pawnee Leasing Corporation. (LNR) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 25 PROPOSED summons to be issued by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 24 SUMMONS issued as to Amur Equipment Finance, Inc., MMP Capital, Inc. (LNR) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 23 PROPOSED summons to be issued by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 22 PROPOSED summons to be issued by Francis J. Averill, M.D., St. Francis Holdings, LLC. (Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 21 AMENDED COMPLAINT against Cynosure, Inc., LLC, Pawnee Leasing Corporation, MMP Capital, Inc., Amur Equipment Finance, Inc. with Jury Demand. filed by St. Francis Holdings, LLC, Francis J. Averill, M.D.(Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 20
ENDORSED ORDER granting #19 unopposed Motion to Amend complaint. Plaintiff is directed to file forthwith the amended complaint in the form attached as Exhibit A to the motion. The Clerk is directed to make the requested changes to the caption. Signed by Judge William F. Jung on 6/11/2020. (CCB) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 19 Unopposed MOTION to Amend Complaint and Case Caption by St. Francis LLC. (Attachments: #1 Exhibit A)(Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 18 NOTICE of Appearance by Jeffrey B. Fabian on behalf of St. Francis LLC. (Fabian, Jeffrey) [Transferred from Florida Middle on 11/19/2020.] |
| ***PRO HAC VICE FEES paid by attorney Jocelyn A. Wiesner, appearing on behalf of Cynosure, Inc. (Filing fee $150 receipt number TPA061050.) Related document: #9 MOTION for Jocelyn A. Wiesner to appear pro hac vice . (JLD) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 17
ENDORSED ORDER granting #16 Motion to Withdraw Motion for Default. Any default is set aside. Signed by Judge William F. Jung on 6/1/2020. (Jung, William) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 16 MOTION to Withdraw Plaintiff's Motion for Judicial Default by St. Francis LLC. (Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by St. Francis LLC. (Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 14 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by St. Francis LLC. Related case(s): yes (Campbell, Charles) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 13 NOTICE of Appearance by Matthew Agojo Ceriale on behalf of St. Francis LLC (Ceriale, Matthew) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #2 Corporate Disclosure Statement by Cynosure, Inc. identifying Corporate Parent Lotus Buyer, Inc., Corporate Parent Hologic, Inc. for Cynosure, Inc. (Corso, Michael) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 11 NOTICE of pendency of related cases per Local Rule 1.04(d) by Cynosure, Inc. Related case(s): no (Corso, Michael) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 10
ENDORSED ORDER granting #9 Motion to Appear Pro Hac Vice. Jocelyn A. Wiesner may appear pro hac vice, subject to the requirement that counsel comply with the email registration requirements of Local Rule 2.01(d), M.D. Fla., within 14 days of the date of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 5/22/2020. (BEE) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 9 MOTION for Jocelyn A. Wiesner to appear pro hac vice by Cynosure, Inc.. (Attachments: #1 Appendix)(Corso, Michael) Motions referred to Magistrate Judge Amanda Arnold Sansone. [Transferred from Florida Middle on 11/19/2020.] |
| Filing 8 NOTICE of Appearance by Michael Joseph Corso on behalf of Cynosure, Inc. (Corso, Michael) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 7 CERTIFICATE of service by Cynosure, Inc. re #2 Corporate Disclosure Statement (Amended). (Ross, Jason) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 6 CERTIFICATE of service by Cynosure, Inc. re #1 Notice of Removal (Amended). (Ross, Jason) [Transferred from Florida Middle on 11/19/2020.] |
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 5/14/2020. (SAO) [Transferred from Florida Middle on 11/19/2020.]
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| Filing 4 NOTICE to counsel Jocelyn A. Wiesner of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (MCB) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 3 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Amanda Arnold Sansone. New case number: 8:20-cv-1101-T-02AAS. (SJB) [Transferred from Florida Middle on 11/19/2020.] |
| Filing 2 CORPORATE Disclosure Statement by Cynosure, Inc. identifying Corporate Parent Lotus Buyer, Inc., Corporate Parent Lotus Midco, Inc., Corporate Parent Lotus Parent, Inc., Corporate Parent Clayton Dubilier & Rice Lotus Holdings, L.P. for Cynosure, Inc. (Ross, Jason) Modified on 5/13/2020 (MCB). [Transferred from Florida Middle on 11/19/2020.] |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pinellas County, case number 19-008551-CI filed in State Court on 12/30/2019. Filing fee $ 400, receipt number 113A-16804259 filed by Cynosure, Inc. (Attachments: #1 Exhibit A - State Court Docket Sheet, #2 Exhibit B - State Court Complaint, #3 Exhibit C - State Court Other Documents, #4 Exhibit D - Counsel email correspondence, #5 Exhibit E - Counsel email correspondence, #6 Exhibit F - Counsel email correspondence, #7 Exhibit G - Civil Cover Sheet)(Ross, Jason) Modified on 5/13/2020 (MCB). [Transferred from Florida Middle on 11/19/2020.] |
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