Fitzhenry v. ADT LLC et al
| Paul Jones and Stewart Abramson |
| Acquity LLC |
| Mark Fitzhenry |
| ADT LLC, Tektiks Innovative Network USA, Inc. and Safe Streets USA LLC |
| 5:2019cv00394 |
| September 6, 2019 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on February 23, 2022. A more recent docket listing may be available from PACER.
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Filing 121
PROPOSED SEALED Document: Claim Form (Selected Participants Only)by (available to: Plaintiffs Stewart Abramson, Mark Fitzhenry, Paul Jones, Defendants Safe Streets USA LLC, Tektiks Innovative Network USA, Inc.). (Attachments: #1 Envelope) (Stouch, L.)
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Filing 120
PROPOSED SEALED Document: Claim Form (Selected Participants Only)by (available to: Plaintiffs Stewart Abramson, Mark Fitzhenry, Paul Jones, Defendants Safe Streets USA LLC, Tektiks Innovative Network USA, Inc.). (Attachments: #1 Envelope) (Stouch, L.)
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Filing 119
ORDER - Plaintiffs have complied with the Court's order and have notified the Court that all claims against Tektiks, as an agent of defendant Safe Streets, have been released and that the matter can be terminated as to all defendants. The clerk is therefore DIRECTED close this case. Signed by District Judge Terrence W. Boyle on 1/26/2022. (Stouch, L.)
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Filing 118
STATUS REPORT by Stewart Abramson, Mark Fitzhenry, Paul Jones (Kaufman, Avi)
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Filing 117
FINAL APPROVAL ORDER granting #113 Motion for Final Approval of Class Action Settlement, Application for Service Award and Attorneys' Fees. Signed by District Judge Terrence W. Boyle on 1/12/2022. (Stouch, L.)
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Filing 116
Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motion Hearing held on 1/12/2022. Counsel present and ready to proceed. Oral argument held. Order to follow. (Court Reporter Michelle McGirr) (Stouch, L.)
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TEXT ORDER - Plaintiffs are DIRECTED to file a status update as to their claim(s) against remaining defendant Tektiks Innovative Network USA within fourteen (14) days of the date of entry of this order. Entered by District Judge Terrence W. Boyle on 1/12/2022. (Stouch, L.)
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Filing 115
Notice of Special Appearance for non-district by Cheryl Wilke on behalf of Safe Streets USA LLC. (Wilke, Cheryl)
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Set Hearing as to #113 MOTION for Final Approval of Class Action Settlement, Application for Service Award and Attorneys' Fees. Motion Hearing set for 1/12/2022 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Stouch, L.)
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Filing 114
Memorandum in Support regarding #113 MOTION for Final Approval of Class Action Settlement, Application for Service Award and Attorneys' Fees filed by Stewart Abramson, Mark Fitzhenry, Paul Jones. (Attachments: #1 Exhibit 1 - Declaration of Avi Kaufman, #2 Exhibit 2 - Declaration of Cameron Azari, #3 Exhibit 3 - Declaration of Anthony Paronich, #4 Exhibit 4 - Proposed Order) (Kaufman, Avi)
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Filing 113
MOTION for Final Approval of Class Action Settlement, Application for Service Award and Attorneys' Fees filed by Stewart Abramson, Mark Fitzhenry, Paul Jones. (Kaufman, Avi)
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Filing 112
PROPOSED SEALED Document: Claim Form (Attachments: #1 AT&T Invoice, #2 Envelope) (Waddell, K.)
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Filing 111
PROPOSED SEALED Document: Claim Form (Selected Participants Only) by Debra Singletary (available to: Plaintiffs Stewart Abramson, Mark Fitzhenry, Paul Jones, Defendants Safe Streets USA LLC, Tektiks Innovative Network USA, Inc.). (Attachments: #1 Envelope) (Sellers, N.)
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Filing 110
PROPOSED SEALED Document - Claim Form: (Selected Participants Only)by Lisa Conner (available to: Plaintiffs Stewart Abramson, Mark Fitzhenry, Paul Jones, Defendants Safe Streets USA LLC, Tektiks Innovative Network USA, Inc.). (Sellers, N.)
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**** Reset Hearing: Final Approval Hearing set for 1/12/2022 at 02:00 PM in Raleigh - Courtroom TBA before District Judge Terrence W. Boyle. ***Please note the courtroom change. (Sellers, N.)
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**** Set Hearings: Final Approval Hearing set for 1/12/2022 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Sellers, N.)
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Filing 109
ORDER granting #107 Motion for Preliminary Approval of Class Action Settlement. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge Terrence W. Boyle on 8/18/2021. (Sellers, N.)
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Motion Submitted to District Judge Terrence W. Boyle regarding #107 MOTION for Preliminary Approval of Class Action Settlement. (Sellers, N.)
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REMINDER TO COUNSEL. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.)
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Filing 108
Memorandum in Support regarding #107 MOTION for Preliminary Approval of Class Action Settlement filed by Stewart Abramson, Mark Fitzhenry, Paul Jones. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Declaration of Avi Kaufman, #3 Exhibit 3 - Declaration of Anthony Paronich, #4 Exhibit 4 - Proposed Order) (Kaufman, Avi)
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Filing 107
MOTION for Preliminary Approval of Class Action Settlement filed by Stewart Abramson, Mark Fitzhenry, Paul Jones. (Kaufman, Avi)
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Filing 106
Notice filed by Stewart Abramson, Mark Fitzhenry, Paul Jones regarding #105 Amended Complaint . (Paronich, Anthony)
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Filing 105
AMENDED COMPLAINT Fourth against Safe Streets USA LLC, Tektiks Innovative Network USA, Inc., filed by Paul Jones, Mark Fitzhenry, Stewart Abramson. (Paronich, Anthony)
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Filing 104
NOTICE of Settlement by Mark Fitzhenry, Paul Jones (Kaufman, Avi)
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Filing 103
ORDER granting #102 Motion for Extension of Time. The new deadline to file Rebuttal Designation and Defendants Designations is August 2nd, 2021. The new deadline to file the Reply Designations is August 30, 2021. Signed by Magistrate Judge Kimberly A. Swank on 6/29/2021. (Stouch, L.)
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Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #102 MOTION for Extension of Time. (Stouch, L.)
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Filing 102
MOTION for Extension of Time filed by Safe Streets USA LLC. (Attachments: #1 Text of Proposed Order on Unopposed Motion to Extend Certain Deadlines) (Hawthorne, David)
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Filing 101
ORDER granting #100 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Kimberly A. Swank on 4/9/2021. (Stouch, L.)
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Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #100 Joint MOTION for Extension of Time to Complete Discovery. (Stouch, L.)
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Filing 100
Joint MOTION for Extension of Time to Complete Discovery filed by Mark Fitzhenry, Paul Jones. (Attachments: #1 Text of Proposed Order) (Paronich, Anthony)
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Filing 99
STIPULATION of Dismissal as to Plaintiff Jones Claims Against Acquity, LLC Only by Mark Fitzhenry, Paul Jones (Paronich, Anthony)
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Filing 98
ORDER Appointing Mediator. Signed by Peter A. Moore, Jr., Clerk of Court on 1/25/2021. (Stouch, L.)
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Filing 97
Notice filed by Mark Fitzhenry, Paul Jones regarding #96 Order on Motion for Extension of Time . (Paronich, Anthony)
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Filing 96
ORDER granting #95 Motion for Extension of Time. Signed by Magistrate Judge Kimberly A. Swank on 1/15/2021. (Stouch, L.)
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Filing 95
Joint MOTION for Extension of Time to Complete Mediation and file a Motion for Class Certification filed by Mark Fitzhenry, Paul Jones. (Attachments: #1 Text of Proposed Order) (Paronich, Anthony)
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Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #95 Joint MOTION for Extension of Time to Complete Mediation and file a Motion for Class Certification. (Stouch, L.)
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Filing 94
ANSWER to #59 Amended Complaint by Tektiks Innovative Network USA, Inc. (Bridgmon, Charles)
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Filing 93
Notice of Special Appearance for non-district by Helen Marie S. Berg on behalf of Acquity LLC. (Berg, Helen Marie)
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Filing 92
ORDER granting #90 Motion to Accept Answer. Signed by Chief Judge Terrence W. Boyle on 11/13/2020. (Stouch, L.)
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Motion Submitted to Chief Judge Terrence W. Boyle regarding #90 MOTION to Accept Answer regarding #89 Answer to Amended Complaint. (Stouch, L.)
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Filing 91
Notice of Special Appearance for non-district by Jared P. Marx on behalf of Acquity LLC. (Marx, Jared)
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Filing 90
MOTION to Accept Answer regarding #89 Answer to Amended Complaint filed by Acquity LLC. (Attachments: #1 Proposed Order) (Richardson, Amy)
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Filing 89
ANSWER to #59 Amended Complaint by Acquity LLC. (Richardson, Amy)
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Filing 88
Financial Disclosure Statement by Acquity LLC (Richardson, Amy)
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Filing 87
Notice of Appearance filed by Amy E. Richardson on behalf of Acquity LLC. (Richardson, Amy)
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Filing 86
ORDER granting #84 Motion for Extension of Time. Signed by Magistrate Judge Kimberly A. Swank on 10/30/2020. (Stouch, L.)
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Filing 85
Proposed Order regarding #84 Joint MOTION for Extension of Time Certain Deadlines filed by Mark Fitzhenry, Paul Jones. (Paronich, Anthony)
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NOTICE TO COUSNEL regarding #84 Motion for Extension of Time. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Stouch, L.)
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Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #84 Joint MOTION for Extension of Time Certain Deadlines. (Stouch, L.)
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Filing 84
Joint MOTION for Extension of Time Certain Deadlines filed by Mark Fitzhenry, Paul Jones. (Paronich, Anthony)
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Filing 83
ORDER - Letter Rogatory to the Ontario Superior COurt of Justice, Toronto, Canada. Signed by Chief Judge Terrence W. Boyle on 8/20/2020. (Stouch, L.)
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Filing 82
STIPULATION and PROTECTIVE ORDER. Signed by Chief Judge Terrence W. Boyle on 8/20/2020. (Stouch, L.)
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Motion Submitted to Chief Judge Terrence W. Boyle regarding #77 Consent MOTION for Issuance of Letters Rogatory, #81 MOTION For Entry of Stipulation and Protective Order Regarding Confidentiality and Inadvertent Disclosure regarding #76 Stipulation. (Stouch, L.)
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Filing 81
MOTION For Entry of Stipulation and Protective Order Regarding Confidentiality and Inadvertent Disclosure regarding #76 Stipulation filed by Safe Streets USA LLC. (Hawthorne, David)
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Filing 80
Notice filed by Mark Fitzhenry, Paul Jones regarding #79 PROPOSED SEALED Declaration, Local Civil Rule 79.2 and Section V.G.1(e) of the CM/ECF Policy Manual Notice of Provisionally Sealed Filing. (Paronich, Anthony)
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Filing 79
PROPOSED SEALED Declaration (Selected Participants Only)by Anthony Paronich (available to: Defendants Acquity LLC, Safe Streets USA LLC, Tektiks Innovative Network USA, Inc., Plaintiffs Mark Fitzhenry, Paul Jones) regarding #77 Consent MOTION for Issuance of Letters Rogatory . (Paronich, Anthony)
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Filing 78
Declaration regarding #77 Consent MOTION for Issuance of Letters Rogatory by Mark Fitzhenry, Paul Jones (Paronich, Anthony)
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Filing 77
Consent MOTION for Issuance of Letters Rogatory filed by Mark Fitzhenry, Paul Jones. (Attachments: #1 Exhibit 1 -- Proposed Letter Rogatory) (Paronich, Anthony)
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Filing 76
STIPULATION and Protective Order Regarding Confidentiality and Inadvertent Disclosure by ADT LLC, Acquity LLC, Safe Streets USA LLC, Tektiks Innovative Network USA, Inc. (Hawthorne, David)
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Filing 75
SUMMONS Returned Executed by Mark Fitzhenry, Paul Jones. Acquity LLC served on 6/30/2020, answer due 7/21/2020. (Attachments: #1 Exhibit Proof of Service) (Kaufman, Avi)
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Filing 74
ANSWER to #59 Amended Complaint by Safe Streets USA LLC. (Hawthorne, David)
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Filing 73
ORDER denying #61 Motion to Dismiss for Failure to State a Claim; granting #63 Motion for Substituted Service; granting #64 Motion to Compel; granting #68 Motion to Compel. Signed by Chief Judge Terrence W. Boyle on 6/16/2020. (Sellers, N.)
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Motion Submitted to Chief Judge Terrence W. Boyle regarding #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #64 MOTION to Compel, #68 MOTION to Compel, #63 MOTION for Substituted Service. (Stouch, L.)
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Filing 72
RESPONSE in Opposition regarding #68 MOTION to Compel filed by Safe Streets USA LLC. (Hawthorne, David)
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Filing 71
ORDER Appointing Mediator M. Ann Anderson. Signed by Peter A. Moore, Jr., Clerk of Court on 4/24/2020. (Horton, B.)
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Filing 70
AMENDED SCHEDULING ORDER granting #69 Joint Motion: Discovery due by 6/30/2021. Motions due by 7/29/2021. Signed by Magistrate Judge Kimberly A. Swank on 4/23/2020. Counsel should read the order in its entirety for critical deadlines and information. (Stouch, L.)
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Filing 69
Joint MOTION for Extension of Time to Complete Discovery filed by Mark Fitzhenry, Paul Jones. (Paronich, Anthony)
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Filing 68
MOTION to Compel filed by Mark Fitzhenry, Paul Jones. (Attachments: #1 Exhibit 1 -- Safe Streets USA LLC's Amended Objections and Responses to Plaintiffs' First Set of Discovery, #2 Exhibit 2 -- Order on Motion to Compel in Frey v. Frontier) (Paronich, Anthony)
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Filing 67
RESPONSE in Opposition regarding #64 MOTION to Compel (Corrected to include Certificate of Service) filed by Safe Streets USA LLC. (Attachments: #1 Exhibit) (Hawthorne, David)
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Filing 66
RESPONSE in Opposition regarding #64 MOTION to Compel filed by Safe Streets USA LLC. (Attachments: #1 Exhibit) (Hawthorne, David)
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Filing 65
RESPONSE in Opposition regarding #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Fitzhenry, Paul Jones. (Kaufman, Avi)
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Filing 64
MOTION to Compel filed by Mark Fitzhenry, Paul Jones. (Kaufman, Avi)
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Filing 63
MOTION for Substituted Service filed by Mark Fitzhenry, Paul Jones. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Kaufman, Avi)
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Filing 62
Memorandum in Support regarding #61 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Safe Streets USA LLC. (Sauls, Eric)
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Filing 61
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Safe Streets USA LLC. (Sauls, Eric)
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Filing 60
Summons Issued as to Acquity LLC. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Stouch, L.)
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Filing 59
THIRD AMENDED COMPLAINT against Safe Streets USA LLC, Tektiks Innovative Network USA, Inc., Acquity LLC, filed by Mark Fitzhenry, Paul Jones. (Attachments: #1 Proposed Summons) (Kaufman, Avi)
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Filing 58
ORDER granting #56 Motion to Amend Complaint. Plaintiffs are granted leave to file an amended complaint in the form attached to their motion for leave. Signed by Chief Judge Terrence W. Boyle on 3/9/2020. (Stouch, L.)
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Filing 57
Proposed Order regarding #56 MOTION to Amend/Correct Second Amended Class Action Complaint filed by Mark Fitzhenry, Paul Jones. (Kaufman, Avi)
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NOTICE TO COUNSEL regarding #56 Motion to Amend/Correct. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Stouch, L.)
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Remark - Case referred to Peter A. Moore, Jr., Clerk of Court for appointment of mediator. (Stouch, L.)
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Motion Submitted to Chief Judge Terrence W. Boyle regarding #56 MOTION to Amend Second Amended Class Action Complaint. (Stouch, L.)
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Filing 56
MOTION to Amend/Correct Second Amended Class Action Complaint filed by Mark Fitzhenry, Paul Jones. (Attachments: #1 Exhibit Proposed Third Amended Complaint) (Kaufman, Avi)
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SECOND NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 2/19/2020. (Stouch, L.)
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Filing 55
Financial Disclosure Statement by Safe Streets USA LLC identifying Corporate Parent Gaylord Industries, Inc., Corporate Parent Ace Security Systems, Inc., Corporate Parent Talent SS, LLC, Corporate Parent Securtetech, Inc. for Safe Streets USA LLC. (Hawthorne, David)
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Filing 54
SCHEDULING ORDER: Discovery due by 8/21/2020. Mediation Deadline set for 10/15/2020. Motions due by 1/29/2021. Signed by Magistrate Judge Kimberly A. Swank on 1/3/2020. Counsel should read the order in its entirety for critical deadlines and information. (Stouch, L.)
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NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 1/24/2020. (Stouch, L.)
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Remark - #53 Rule 26(f) Report referred to US Magistrate Judge Kimberly A. Swank for the entry of a scheduling order. (Stouch, L.)
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Filing 53
Rule 26(f) Report (joint) filed by Mark Fitzhenry, Paul Jones. (Kaufman, Avi)
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Filing 52
Notice of Appearance filed by David M. Hawthorne on behalf of Safe Streets USA LLC. (Hawthorne, David)
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Filing 51
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 11/26/2019. (Stouch, L.)
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Filing 50
ANSWER to #43 Amended Complaint (Second) by Tektiks Innovative Network USA, Inc. (Bridgmon, Charles)
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Filing 49
Affirmative Defenses and ANSWER to #43 Amended Complaint (Second) by Safe Streets USA LLC. (Sauls, Eric)
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Filing 48
Notice of Special Appearance for non-district by Eric G. Sauls on behalf of Safe Streets USA LLC. (Sauls, Eric)
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Filing 47
Notice of Special Appearance for non-district by Eric G. Sauls on behalf of Safe Streets USA LLC. (Sauls, Eric)
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Notice to Counsel regarding: #47 Notice of Special Appearance, #48 Notice of Special Appearance. Each attorney must file his or her own notice of appearance. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. The appropriate form for becoming a registered e filer in this district is available to out of district counsel on this court's website www.nced.uscourts.gov. (Stouch, L.)
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Filing 46
Notice of Appearance filed by Christopher J. Derrenbacher on behalf of Safe Streets USA LLC. (Derrenbacher, Christopher)
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Filing 45
Financial Disclosure Statement by Safe Streets USA LLC identifying Corporate Parent Gaylord Industries, Inc., Corporate Parent Ace Security Systems, Inc., Corporate Parent Securetech, Inc., Corporate Parent Talent SS, LLC for Safe Streets USA LLC. (Sauls, Eric)
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Filing 44
Notice of Appearance filed by Eric G. Sauls on behalf of Safe Streets USA LLC. (Sauls, Eric)
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Filing 43
AMENDED COMPLAINT against Safe Streets USA LLC, Tektiks Innovative Network USA, Inc., filed by Mark Fitzhenry, Paul Jones. (Paronich, Anthony)
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Filing 42
ORDER granting #37 Motion to Amend Complaint. Signed by Chief Judge Terrence W. Boyle on 10/31/2019. (Stouch, L.)
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Motion Submitted to Chief Judge Terrence W. Boyle regarding #37 MOTION to Amend #20 Amended Complaint. (Stouch, L.)
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Filing 41
Proposed Order regarding #37 MOTION to Amend/Correct #20 Amended Complaint, , Notice of Deficiency - Failure to File Proposed Order, filed by Mark Fitzhenry. (Kaufman, Avi)
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NOTICE TO COUNSEL regarding #37 Motion to Amend. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Stouch, L.)
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Filing 40
Financial Disclosure Statement by Tektiks Innovative Network USA, Inc. (Bridgmon, Charles)
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Filing 39
Notice of Special Appearance for non-district by Charles J. Bridgmon on behalf of Tektiks Innovative Network USA, Inc.. (Bridgmon, Charles)
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Filing 38
Notice of Appearance filed by Charles J. Bridgmon on behalf of Tektiks Innovative Network USA, Inc.. (Bridgmon, Charles)
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Filing 37
MOTION to Amend/Correct #20 Amended Complaint, filed by Mark Fitzhenry. (Attachments: #1 Exhibit 1 -- Proposed Amended Complaint) (Paronich, Anthony)
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Filing 36
Notice of Special Appearance for non-district by Anthony I. Paronich on behalf of Mark Fitzhenry. (Paronich, Anthony)
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Filing 35
Notice of Special Appearance for non-district by Avi R. Kaufman on behalf of Mark Fitzhenry. (Kaufman, Avi)
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Filing 34
Notice of Appearance filed by Ted Lewis Johnson on behalf of Mark Fitzhenry. (Johnson, Ted)
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Filing 33
Order Redesignating Division to Western Division. All future documents shall reflect the new case number of 5:19-CV-394-BO. No further filing shall be made in 7:19-CV-174-BO. Signed by Peter A. Moore, Jr., Clerk of Court on 9/10/2019. A copy mailed via US Mail to Rachel E. Kaufman and Avi R. Kaufman of Kaufman PA at 400 NW 26th Street, Miami, FL 33127; Charles S. McNew of McNEW P.A. at 2385 NW Executive Center Drive, Suite 100, Boca Raton, FL 33431; Gregg I. Strock, Jeffrey A. Backman of Greenspoon Marder LLP at 200 East Broward Boulevard, Suite 1800, Fort Lauderdale, FL 33301 and David M. Hawthorne of Lewis Brisbois at 110 S.E. 6th Street, Suite 2600, Fort Lauderdale, FL 33301-0006 mailed via US Mail on September 10, 2019. (Stouch, L.)
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Filing 32
Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.)
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Filing 31
Case transferred in from District of Florida Southern. Case Number 9:19-cv-80626. Transfer order and docket sheet obtained from transferring district.
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Filing 30
ORDER GRANTING THE PARTIES' MOTION TO TRANSFER granting #24 Motion to Reassign Case. Signed by Judge Donald M. Middlebrooks on 9/6/2019. See attached document for full details. (pcs) [Transferred from Florida Southern on 9/10/2019.]
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Filing 29
NOTICE by Mark Fitzhenry re 27 Order,,,,,, Set/Reset Deadlines,,,,, regarding Service of Process and Regarding Newly Served Defendant's Consent to Transfer of this Action (Kaufman, Avi) Modified Text on 9/5/2019 (ls). [Transferred from Florida Southern on 9/10/2019.]
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Filing 28
WAIVER OF SERVICE Returned Executed by Mark Fitzhenry. Tektiks Innovative Network USA, Inc. waiver sent on 8/30/2019, answer due 10/29/2019. (Kaufman, Avi) [Transferred from Florida Southern on 9/10/2019.]
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Filing 27
PAPERLESS ORDER. Plaintiff Mark Fitzhenry and Defendant Safe Streets USA LLC ("Safe Streets") have filed a Joint Stipulation Regarding Transfer of Venue and Motion to Approve Stipulation. (DE #24 ). In the motion, those parties request for this Court to transfer the lawsuit to the Western Division of the Eastern District of North Carolina because Safe Streets is headquartered within that district. "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 28 U.S.C.A. 1404. While Plaintiff and Defendant Safe Streets have consented to this transfer, the position of Defendant Tektiks Innovative Network USA, Inc. ("Tektiks") is not yet known. The record reflects that a summons was issued to Tektiks on August 7, 2019 (DE #21 ), however no executed return of service has been filed in the court record, and no attorney has yet appeared on Tektiks' behalf. Accordingly, the Parties are DIRECTED to file a Notice with the Court, on or before September 11, 2019, apprising the Court of Defendant Tektiks' position regarding transferring this action to the Western Division of the Eastern District of North Carolina. Signed by Judge Donald M. Middlebrooks on 8/29/2019. (kal) [Transferred from Florida Southern on 9/10/2019.]
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Filing 26
ANSWER and Affirmative Defenses to Amended Complaint by Safe Streets USA LLC. (Hawthorne, David) [Transferred from Florida Southern on 9/10/2019.]
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Filing 25
Clerks Notice to Filer re #24 Stipulation. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ls) [Transferred from Florida Southern on 9/10/2019.]
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Filing 24
Joint Stipulation regarding Transfer of Venue and Motion to Approve Stipulation by Mark Fitzhenry (Kaufman, Avi) Modified to convert document to a motion on 8/19/2019 (ls). [Transferred from Florida Southern on 9/10/2019.]
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Filing 23
ORDER APPROVING DEFENDANTS STIPULATION FOR SUBSTITUTION OF COUNSEL, granting #22 Motion for Substitution of Counsel. Attorney David M. Hawthorne added. Attorney Jeffrey Aaron Backman and Gregg Ian Strock terminated. Signed by Judge Donald M. Middlebrooks on 8/12/2019. See attached document for full details. (pcs) [Transferred from Florida Southern on 9/10/2019.]
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Reset Deadlines Per DE#19. Amended Complaint due by 8/9/2019. (cqs) [Transferred from Florida Southern on 9/10/2019.]
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Filing 22
Joint STIPULATED MOTION for Substitution of Counsel. Substituting David M. Hawthorne for Gregg I. Strock and Jeffery Backman by Safe Streets USA LLC. Attorney David M. Hawthorne added to party Safe Streets USA LLC(pty:dft). Responses due by 8/21/2019 (Attachments: #1 Exhibit Proposed Order)(Hawthorne, David) [Transferred from Florida Southern on 9/10/2019.]
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Filing 21
Summons Issued as to Tektiks Innovative Network USA, Inc. (mc) [Transferred from Florida Southern on 9/10/2019.]
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Filing 20
AMENDED COMPLAINT against Safe Streets USA LLC, Tektiks Innovative Network USA, Inc. filed in response to Order Granting Motion for Leave, filed by Mark Fitzhenry. (Attachments: #1 Summon(s))(Kaufman, Avi)[Transferred from Florida Southern on 9/10/2019.]
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Filing 19
PAPERLESS ORDER granting #18 Motion for Leave to Amend the Complaint. Federal Rule of Civil Procedure 20 permits joinder of defendants if "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(2)(B). That standard appears to be met here, as Plaintiff is seeking to join the contracted telemarketer alleged to have made the complained-of calls on behalf of Defendant Safe Streets USA LLC. I also note that the deadline to amend pleadings and/or join parties had not expired by the time Plaintiff sought leave to amend. Even if the deadline had expired, however, Rule 15(a) provides that leave to amend a pleading should be freely granted "when justice so requires." Based on the foregoing, the motion is GRANTED. Plaintiff is advised that pursuant to Local Rule 15.1, the amended pleading must be separately filed. The deadline for Plaintiff to file the amended complaint is August 9, 2019. Signed by Judge Donald M. Middlebrooks on 8/7/2019. (mbt) [Transferred from Florida Southern on 9/10/2019.]
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Filing 18
MOTION for Leave to File Amended Complaint by Mark Fitzhenry. (Attachments: #1 Exhibit 1 -- Proposed amended complaint)(Kaufman, Avi) [Transferred from Florida Southern on 9/10/2019.]
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Filing 17
Joint SCHEDULING REPORT - Rule 26(f) by ADT LLC, Safe Streets USA LLC (Strock, Gregg) [Transferred from Florida Southern on 9/10/2019.]
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Filing 16
Joint SCHEDULING REPORT - Rule 26(f) by Mark Fitzhenry (Kaufman, Avi) [Transferred from Florida Southern on 9/10/2019.]
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Filing 15
NOTICE of Mediator Selection. Added Mark Fitzhenry, Jeffrey Grubman. (Kaufman, Avi) [Transferred from Florida Southern on 9/10/2019.]
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Filing 14
ANSWER and Affirmative Defenses to Complaint by ADT LLC, Safe Streets USA LLC. (Strock, Gregg) [Transferred from Florida Southern on 9/10/2019.]
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Filing 13
NOTICE of Attorney Appearance by Gregg Ian Strock on behalf of ADT LLC, Safe Streets USA LLC. Attorney Gregg Ian Strock added to party ADT LLC(pty:dft), Attorney Gregg Ian Strock added to party Safe Streets USA LLC(pty:dft). (Strock, Gregg) [Transferred from Florida Southern on 9/10/2019.]
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Filing 12
NOTICE of Attorney Appearance by Charles Sanders McNew on behalf of ADT LLC. Attorney Charles Sanders McNew added to party ADT LLC(pty:dft). (McNew, Charles) [Transferred from Florida Southern on 9/10/2019.]
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Filing 11
PAPERLESS ORDER granting #9 Unopposed Motion for Extension of Time. The deadline for Defendant ADT LLC to respond to Plaintiff's Complaint (DE #1 ) is extended to June 17, 2019. No other deadlines are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 6/6/2019. (mbt) [Transferred from Florida Southern on 9/10/2019.]
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Filing 10
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 8/6/2019., Discovery due by 12/9/2019., Joinder of Parties due by 8/6/2019., In Limine Motions due by 12/30/2019., Dispositive Motions due by 12/30/2019., Motions due by 12/30/2019., Pretrial Stipulation due by 2/3/2020.) Signed by Magistrate Judge Dave Lee Brannon on 6/4/2019. See attached document for full details. (pcs) [Transferred from Florida Southern on 9/10/2019.]
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Filing 9
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by ADT LLC. Attorney Jeffrey Aaron Backman added to party ADT LLC(pty:dft). (Attachments: #1 Text of Proposed Order on ADT_s Unopposed Motion for Extension of Time to Respon.)(Backman, Jeffrey) [Transferred from Florida Southern on 9/10/2019.]
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Filing 8
PAPERLESS ORDER granting #6 Unopposed Motion for Extension of Time. The deadline for Defendant Safe Streets USA LLC to respond to Plaintiff's Complaint (DE #1 ) is extended to June 17, 2019. No other deadlines are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 6/3/2019. (mbt) [Transferred from Florida Southern on 9/10/2019.]
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Filing 7
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 3/2/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/26/2020 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 6/3/2019. See attached document for full details. (pcs) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 9/10/2019.]
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Filing 6
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Safe Streets USA LLC. Attorney Jeffrey Aaron Backman added to party Safe Streets USA LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Backman, Jeffrey) [Transferred from Florida Southern on 9/10/2019.]
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Filing 5
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark Fitzhenry. Safe Streets USA LLC served on 5/13/2019, answer due 6/3/2019. (Kaufman, Avi) [Transferred from Florida Southern on 9/10/2019.]
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Filing 4
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Mark Fitzhenry. ADT LLC served on 5/13/2019, answer due 6/3/2019. (Kaufman, Avi) [Transferred from Florida Southern on 9/10/2019.]
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Filing 3
Summons Issued as to ADT LLC, Safe Streets USA LLC. (pcs) [Transferred from Florida Southern on 9/10/2019.]
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Filing 2
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) [Transferred from Florida Southern on 9/10/2019.]
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Filing 1
COMPLAINT against ADT LLC, Safe Streets USA LLC. Filing fees $ 400.00 receipt number 113C-11632662, filed by Mark Fitzhenry. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Kaufman, Avi)[Transferred from Florida Southern on 9/10/2019.]
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