Case number 2:22-cv-00279
Elevation Reps of the Rockies, Inc. v. Elevate Foodservice Group, LLC et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 28, 2022 | 50 | TRADEMARK - Final Report sent to Alexandria, VA. (JK) (Entered: 11/28/2022) (1) |
| Nov 28, 2022 | 49 | TEXT ORDER. The parties have filed a Joint Stipulation of Dismissal with prejudice. (Doc. 48.) The Stipulation is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, the Clerk of Court is DIRECTED to terminate any pending deadlines and motions and close the file. Signed by Judge John L. Badalamenti on 11/28/2022. (WJF) (Entered: 11/28/2022) (0) |
| Nov 23, 2022 | 48 | JOINT STIPULATION of Dismissal by Elevation Reps of the Rockies, Inc. (Ganoza, Laura) Modified text on 11/28/2022 (JK). (Entered: 11/23/2022) (2) |
| Nov 15, 2022 | 47 | ENDORSED ORDER denying as moot 41 Defendant's Motion to Stay Discovery Pending Motion to Dismiss for Lack of Jurisdiction because the Motion to Dismiss has been denied. (Doc. 46). Signed by Magistrate Judge Kyle C. Dudek on 11/15/2022. (BLW) (Entered: 11/15/2022) (0) |
| Nov 14, 2022 | 46 | ORDER denying 24 Defendant, Mitchell Marcotte's Motion to Dismiss for Lack of Personal Jurisdiction. See Order for details. Signed by Judge John L. Badalamenti on 11/14/2022. (WJF) (Entered: 11/14/2022) (15) |
| Nov 9, 2022 | 45 | ENDORSED ORDER striking 42, 43, 44 Defendants' affidavits of service for deposition subpoenas as improperly filed discovery material. See Fed. R. Civ. P. 5(d)(1)(A); Middle District Discovery Handbook (2021) at Section I.C.1. The Clerk is directed to strike the filings and indicate on the docket that they were stricken by this Order. Signed by Magistrate Judge Kyle C. Dudek on 11/9/2022. (BLW) (Entered: 11/09/2022) (0) |
| Nov 8, 2022 | 44 | STRICKEN per 45 Order -- PROOF of service by Elevate Foodservice Group, LLC, Mitchell Marcotte (Zibas, Jura) Modified to reflect Stricken on 11/9/2022 (JK). (Entered: 11/08/2022) (1) |
| Nov 8, 2022 | 43 | STRICKEN per 45 Order -- PROOF of service by Elevate Foodservice Group, LLC, Mitchell Marcotte (Zibas, Jura) Modified to reflect Stricken on 11/9/2022 (JK). (Entered: 11/08/2022) (1) |
| Nov 8, 2022 | 42 | STRICKEN per 45 Order -- PROOF of service by Elevate Foodservice Group, LLC, Mitchell Marcotte (Zibas, Jura) Modified to reflect Stricken on 11/9/2022 (JK). (Entered: 11/08/2022) (1) |
| Nov 7, 2022 | 41 | First MOTION to Stay Discovery by All Defendants. (Attachments: # 1 Composite Exhibit A, # 2 Exhibit B)(Zibas, Jura) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 11/8/2022 (JK). (Entered: 11/07/2022) (Exhibit B) (1) |
| Nov 7, 2022 | 41 | First MOTION to Stay Discovery by All Defendants. (Attachments: # 1 Composite Exhibit A, # 2 Exhibit B)(Zibas, Jura) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 11/8/2022 (JK). (Entered: 11/07/2022) (Composite Exhibit A) (30) |
| Nov 7, 2022 | 41 | First MOTION to Stay Discovery by All Defendants. (Attachments: # 1 Composite Exhibit A, # 2 Exhibit B)(Zibas, Jura) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 11/8/2022 (JK). (Entered: 11/07/2022) (Main Document) (14) |
| Aug 26, 2022 | 40 | Response (6) Docket Text: Sur-Reply to RESPONSE re [37] Memorandum in opposition filed by Elevation Reps of the Rockies, Inc. (Ganoza, Laura) Modified on 8/29/2022 to edit docket text to reflect pleading title (SEH). |
| Aug 19, 2022 | N/A | Order on Motion for Leave to File Document (0) Docket Text:ENDORSED ORDER granting [38] Elevation Reps of the Rockies, Inc.'s Unopposed Motion for Leave to File Sur-Reply. Plaintiff may file a sur-reply not exceeding three (3) pages, excluding the case caption and signature block, on or before 8/26/2022. Signed by Judge John L. Badalamenti on 8/19/2022. (NM) |
| Aug 18, 2022 | 38 | Motion for Leave to File Amicus Brief / Document (5) Docket Text: Unopposed MOTION for Leave to File Sur-Reply by Elevation Reps of the Rockies, Inc. (Ganoza, Laura) Modified on 8/19/2022 to edit docket text to reflect pleading title (SEH). |
| Aug 10, 2022 | 37 | Memorandum in opposition (5) Docket Text: REPLY to Response to Motion re [24] Motion to Dismiss filed by Mitchell Marcotte (Zibas, Jura). Modified on 8/12/2022 to edit text to reflect pleading (SEH). Modified on 8/16/2022 to correct text per 2QC and to add link to [24] and remove link to [32](SEH). |
| Aug 3, 2022 | 36 | Notice of appearance (3) Docket Text: NOTICE of Appearance by Yelan Escalona on behalf of Elevation Reps of the Rockies, Inc. (Escalona, Yelan) |
| Aug 3, 2022 | N/A | Order on Motion for Miscellaneous Relief (0) Docket Text:ENDORSED ORDER granting in part and denying in part [34] Motion to File Reply Brief. The Court finds good cause to permit Defendant to file a reply brief not to exceed three (3) pages on or by 8/10/2022. The Rule 3.01(g) certification to Defendant's motion discusses Plaintiff's intent to file a sur-reply brief. To the extent either party is requesting such relief now, Defendant's motion is denied. Plaintiff can request a sur-reply at the appropriate time if necessary. Signed by Magistrate Judge Kyle C. Dudek on 8/3/2022. (Dudek, Kyle) |
| Aug 2, 2022 | 34 | Motion for Miscellaneous Relief (5) Docket Text: MOTION for Miscellaneous Relief, specifically Leave to File a Reply, not to exceed 3 pages. by Mitchell Marcotte. (Leitner, Leia) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Jul 28, 2022 | 33 | Notice (Other) (6) Docket Text: NOTICE of Filing corrected Declaration of Mitchell Marcotte by Elevate Foodservice Group, LLC, Mitchell Marcotte re [24] MOTION to Dismiss for Lack of Jurisdiction (Leitner, Leia) Modified as to docket text on 7/28/2022 (JK). |
| Jul 27, 2022 | 32 | Exhibit B (7) |
| Jul 27, 2022 | 32 | Exhibit A (4) |
| Jul 27, 2022 | 32 | Main Document (20) Docket Text: RESPONSE in Opposition re [24] MOTION to Dismiss for Lack of Jurisdiction filed by Elevation Reps of the Rockies, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Ganoza, Laura) |
| Jul 26, 2022 | 31 | Notice of Lead Counsel Designation (3) Docket Text: NOTICE of Lead Counsel Designation by Jura Christine Zibas on behalf of Elevate Foodservice Group, LLC, Mitchell Marcotte. Lead Counsel: Jura C. Zibas. (Zibas, Jura) |
| Jul 26, 2022 | 30 | Case Management / FLSA / ADA / Social Security / Scheduling Order (12) Docket Text: CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/25/2022, Discovery due by 3/3/2023, Dispositive motions due by 3/31/2023, Pretrial statement due by 9/15/2023 Plaintiff disclosure of expert report due by 12/5/2022, Defendant disclosure of expert report due by 1/3/2023 Final Pretrial Conference set for 9/29/2023 at 01:30 PM before Judge John L. Badalamenti, Jury Trial term 10/2/2023 at 09:00 AM before Judge John L. Badalamenti Conduct mediation hearing by 3/10/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 7/26/2022. (WRW) |
| Jul 26, 2022 | 28 | Order on Motion for Extension of Time to File (1) Docket Text: Minute Entry. In Person Proceedings held before Magistrate Judge Kyle C. Dudek: granting [27] ORAL Motion for Extension of Time to File Designation of Lead Counsel; PRELIMINARY PRETRIAL CONFERENCE held on 7/26/2022. (DIGITAL) (WRW) |
| Jul 26, 2022 | N/A | Motion for Extension of Time to File (0) Docket Text: ORAL MOTION for Extension of Time to File Designation of Lead Counsel. (WRW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Jul 25, 2022 | N/A | Notice (Other) (0) Docket Text: NOTICE re [20] Notice of rescheduling hearing (courtroom only). The Preliminary Pretrial Conference scheduled for 7/26/2022 will be conducted in Courtroom 4-E. (WRW) |
| Jul 11, 2022 | 25 | Case Management Report (7) Docket Text: CASE MANAGEMENT REPORT. (Ganoza, Laura) |
| Jul 6, 2022 | 24 | Declaration of Mitchell Marcotte in Support of Motion (3) |
| Jul 6, 2022 | 24 | Main Document (15) Docket Text: MOTION to Dismiss for Lack of Jurisdiction by Mitchell Marcotte. (Attachments: # (1) Declaration of Mitchell Marcotte in Support)(Leitner, Leia) Modified as to docket text and to reflect attached Declaration is not dated or signed on 7/6/2022 (JK). |
| Jul 6, 2022 | 23 | Answer to Complaint (20) Docket Text: ANSWER and affirmative defenses to [1] Complaint with Jury Demand by Elevate Foodservice Group, LLC.(Leitner, Leia) |
| Jul 6, 2022 | 22 | Corporate Disclosure Statement (3) Docket Text: CERTIFICATE of interested persons and corporate disclosure statement by Elevate Foodservice Group, LLC, Mitchell Marcotte. (Leitner, Leia) Modified as to docket text on 7/6/2022 (JK). |
| Jul 6, 2022 | 21 | Notice of a Related Action (2) Docket Text: NOTICE of a related action per Local Rule 1.07(c) by Elevate Foodservice Group, LLC, Mitchell Marcotte. Related case(s): No (Leitner, Leia) |
| Jul 5, 2022 | N/A | Notice of rescheduling hearing (courtroom only) (0) Docket Text: NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM AND JUDGE ONLY): The Preliminary Pretrial Conference hearing previously scheduled before U.S. Magistrate Judge Mac R. McCoy on 7/26/2022 is rescheduled. The Preliminary Pretrial Conference hearing set for 7/26/2022 at 10:30AM will now be conducted by U.S. Magistrate Judge Kyle C Dudek, the courtroom the hearing will be held is to be determined(AEH) |
| Jul 1, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:22-cv-279-JLB-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. (SMG) |
| Jun 6, 2022 | N/A | Order on Motion for Extension of Time to File (0) Docket Text:ENDORSED ORDER granting [13] Unopposed Motion for Extension of Time for Defendants to Respond to Complaint. Defendants must answer or otherwise respond to Plaintiff's Complaint, (Doc. [1]), no later than 7/7/2022. Signed by Magistrate Judge Mac R. McCoy on 6/6/2022. (WJF) |
| Jun 2, 2022 | 17 | Order (8) Docket Text: ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 6/2/2022. (FN) |
| Jun 2, 2022 | N/A | Notice of hearing (0) Docket Text: NOTICE of Hearing: Preliminary Pretrial Conference set for 7/26/2022 at 10:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 7/11/2022. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held. (FN) |
| Jun 1, 2022 | 15 | Notice of appearance (2) Docket Text: NOTICE of Appearance by Leia Villasenor Leitner on behalf of Elevate Foodservice Group, LLC, Mitchell Marcotte (Leitner, Leia) Modified to reflect Attorney Leitner has been notified and requested of to update attorney info in Pacer on 6/2/2022 (JK). |
| Jun 1, 2022 | 14 | Notice of appearance (2) Docket Text: NOTICE of Appearance by Jura Christine Zibas on behalf of Elevate Foodservice Group, LLC, Mitchell Marcotte (Zibas, Jura) |
| Jun 1, 2022 | 13 | Motion for Extension of Time to File (3) Docket Text: Unopposed MOTION for Extension of Time to File to File Response to Plaintiff's Complaint. by Elevate Foodservice Group, LLC, Mitchell Marcotte. (Zibas, Jura) Motions referred to Magistrate Judge Mac R. McCoy. Modified to reflect Attorney Leitner has been notified and requested of to update attorney info in Pacer on 6/2/2022 (JK). |
| May 20, 2022 | 12 | Summons returned executed (1) Docket Text: RETURN of service executed on 05/17/2022 by Elevation Reps of the Rockies, Inc. as to Mitchell Marcotte. (Ganoza, Laura) |
| May 20, 2022 | 11 | Summons returned executed (1) Docket Text: RETURN of service executed on 05/17/2022 by Elevation Reps of the Rockies, Inc. as to Elevate Foodservice Group, LLC. (Ganoza, Laura) |
| May 19, 2022 | 10 | Affidavit Mitchell Marcotte, Individually (1) |
| May 19, 2022 | 10 | Affidavit Mitchell Marcotte as Registered Agent (1) |
| May 19, 2022 | 10 | Main Document (2) Docket Text: NOTICE of filing Affidavits of Service by Elevation Reps of the Rockies, Inc. re [5] Summons issued, [6] Summons issued (Attachments: # (1) Affidavit Mitchell Marcotte as Registered Agent, # (2) Affidavit Mitchell Marcotte, Individually)(Ganoza, Laura) Modified as to docket text and to reflect counsel has been asked to refile under advised case event on 5/20/2022 (JK). |
| Apr 29, 2022 | 9 | Notice of Lead Counsel Designation (2) Docket Text: NOTICE of Lead Counsel Designation by Laura Ganoza on behalf of Elevation Reps of the Rockies, Inc. Lead Counsel: Laura Ganoza. (Ganoza, Laura) Modified on 5/2/2022 (JK). |
| Apr 29, 2022 | 8 | Certificate of Interested Persons and Corporate Disclosure Statement (2) Docket Text: CERTIFICATE of interested persons and corporate disclosure statement by Elevation Reps of the Rockies, Inc.. (Ganoza, Laura) |
| Apr 29, 2022 | 7 | Patent/Trademark Report (1) Docket Text: TRADEMARK Report sent to Alexandria, VA. (JK) |
| Apr 29, 2022 | 6 | Summons issued (2) Docket Text: SUMMONS issued as to Mitchell Marcotte. (JK) |
| Apr 29, 2022 | 5 | Summons issued (2) Docket Text: SUMMONS issued as to Elevate Foodservice Group, LLC. (JK) |
| Apr 29, 2022 | N/A | Notice to Counsel of Local Rule (0) Docket Text: NOTICE to counsel Steven Weigler; Laura Ganoza of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (JK) |
| Apr 29, 2022 | 3 | Civil Action Order (8) Docket Text: CIVIL Action Order Signed by All Divisional Judges on 4/29/2022. (JK) |
| Apr 29, 2022 | N/A | Case Assigned/Reassigned (0) Docket Text: NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Mac R. McCoy. New case number: 2:22-cv-0279-JLB-MRM. (SJB) |
| Apr 29, 2022 | 1 | Proposed Summons - Mitchell Marcotte (2) |
| Apr 29, 2022 | 1 | Proposed Summons - Elevate Foodservice Group (2) |
| Apr 29, 2022 | 1 | Civil Cover Sheet (2) |
| Apr 29, 2022 | 1 | Exhibit 10 (2) |
| Apr 29, 2022 | 1 | Exhibit 9 (1) |
| Apr 29, 2022 | 1 | Exhibit 8 (1) |
| Apr 29, 2022 | 1 | Exhibit 7 (1) |
| Apr 29, 2022 | 1 | Exhibit 6 (4) |
| Apr 29, 2022 | 1 | Exhibit 5 (2) |
| Apr 29, 2022 | 1 | Exhibit 4 (2) |
| Apr 29, 2022 | 1 | Exhibit 3 (3) |
| Apr 29, 2022 | 1 | Exhibit 2 (3) |
| Apr 29, 2022 | 1 | Exhibit 1 (2) |
| Apr 29, 2022 | 1 | Main Document (19) Docket Text:COMPLAINT against Elevate Foodservice Group, LLC, Mitchell Marcotte with Jury Demand (Filing fee $402 receipt number AFLMDC-19519287) filed by Elevation Reps of the Rockies, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Civil Cover Sheet, # (12) Proposed Summons - Elevate Foodservice Group, # (13) Proposed Summons - Mitchell Marcotte)(Ganoza, Laura) Modified as to all caps and duplicate docket text on 4/29/2022 (JK). |
