Case number 1:22-cv-22482
JAWS PODIATRY, INC. et al v. Garcia et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Jan 1, 2023 | 68 | ORDER Adopting 64 Report and Recommendations. Signed by Judge K. Michael Moore on 1/1/2023. See attached document for full details. (fpi) (Entered: 01/01/2023) (6) |
| Jan 1, 2023 | 69 | Denying 42 Motion for Contempt per Order at Docket Entry 68 . (Chambers) (fpi) (Entered: 01/01/2023) (0) |
| Dec 21, 2022 | 67 | RESPONSE to 66 Objections to Report and Recommendations, 64 REPORT AND RECOMMENDATIONS re 42 MOTION for Contempt , to Enforce Injunction and for Sanctions filed by JAWS PODIATRY, INC. by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Leyton, Daniel) (Entered: 12/21/2022) (13) |
| Dec 7, 2022 | 66 | OBJECTIONS to 64 Report and Recommendations by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Grant, Joey) (Entered: 12/07/2022) (8) |
| Nov 29, 2022 | 65 | REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' JOINT MOTION re 56 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. (Attachments: # 1 Exhibit A)(Teal, Kyle) Modified text on 11/30/2022 (ebz). (Entered: 11/29/2022) (Main Document) (10) |
| Nov 29, 2022 | 65 | REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' JOINT MOTION re 56 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. (Attachments: # 1 Exhibit A)(Teal, Kyle) Modified text on 11/30/2022 (ebz). (Entered: 11/29/2022) (Exhibit A) (30) |
| Nov 23, 2022 | 64 | REPORT AND RECOMMENDATIONS re Plaintiffs' 42 Motion to Enforce Injunction, for Contempt, and for Sanctions. Objections to R&R due by December 7, 2022. Signed by Magistrate Judge Lauren Fleischer Louis on 11/23/2022. See attached document for full details. (nce) (Entered: 11/23/2022) (10) |
| Nov 22, 2022 | 63 | RESPONSE in Opposition re 56 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. Replies due by 11/29/2022. (Attachments: # 1 Exhibit A)(Grant, Joey) (Entered: 11/22/2022) (Main Document) (14) |
| Nov 22, 2022 | 63 | RESPONSE in Opposition re 56 MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. Replies due by 11/29/2022. (Attachments: # 1 Exhibit A)(Grant, Joey) (Entered: 11/22/2022) (Exhibit A) (4) |
| Nov 18, 2022 | 62 | TRANSCRIPT of Preliminary Injunction hearing held on 09/07/2022 before Judge K. Michael Moore, 1 - 34 pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/9/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/16/2023. (yhz) (Entered: 11/18/2022) (0) |
| Nov 14, 2022 | 58 | EXPEDITED MOTION to Continue Hearing re 46 Order Setting Hearing on Motion,, by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Declaration of Joe M. Grant, Esquire)(Grant, Joey) (Entered: 11/14/2022) (Main Document) (4) |
| Nov 14, 2022 | 59 | RESPONSE to Motion re 58 EXPEDITED MOTION to Continue Hearing re 46 Order Setting Hearing on Motion,, filed by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. Replies due by 11/21/2022. (Leyton, Daniel) (Entered: 11/14/2022) (3) |
| Nov 14, 2022 | 60 | REPLY to Response to Motion re 58 EXPEDITED MOTION to Continue Hearing re 46 Order Setting Hearing on Motion,, filed by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Grant, Joey) (Entered: 11/14/2022) (4) |
| Nov 14, 2022 | 61 | PAPERLESS ORDER Granting in part 58 Plaintiffs' Emergency Motion to Continue. Plaintiffs' Emergency Motion represents that lead counsel tested positive for COVID-19 approximately a week ago and is still testing positive. Plaintiffs further represent that co-lead counsel, Jennifer Gordon, is not scheduled to attend the hearing (notwithstanding the 46 Court's Order setting the hearing, which specifies that all counsel of record shall appear in person at the hearing). Defendants oppose the continuance. Upon review of the Motion, Response, Reply, and review of the record as a whole, the Motion is GRANTED, in part. The hearing set for November 15, 2022, is CANCELLED. Moreover, on Plaintiffs' representation that attorney Gordon, who was the only declarant to have provided testimony in support of Plaintiffs' 42 Motion for Contempt, was unable to attend the scheduled hearing, it appears that Plaintiffs will not present live testimony. Accordingly, there is no need for an evidentiary hearing, and thus the Court will decide the Motion for Contempt on the briefing. Signed by Magistrate Judge Lauren Fleischer Louis on 11/14/2022. (nce) (Entered: 11/14/2022) (0) |
| Nov 14, 2022 | 58 | EXPEDITED MOTION to Continue Hearing re 46 Order Setting Hearing on Motion,, by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Declaration of Joe M. Grant, Esquire)(Grant, Joey) (Entered: 11/14/2022) (Declaration of Joe M. Grant, Esquire) (2) |
| Nov 10, 2022 | 57 | ORDER granting, in part Defendant's 52 Joint Motion for Protective Order. Signed by Magistrate Judge Lauren Fleischer Louis on 11/10/2022. See attached document for full details. (nce) (Entered: 11/10/2022) (11) |
| Nov 8, 2022 | 56 | MOTION TO DISMISS 49 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. Responses due by 11/22/2022 (Teal, Kyle) (Entered: 11/08/2022) (21) |
| Nov 7, 2022 | 55 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Telephonic Motion Hearing held on 11/7/2022 re 52 Joint MOTION for Confidentiality Order. Order to follow. Total time in court: 11 minutes. Attorney Appearance(s): Jennifer L. Gordon, Kyle Brandon Teal, Daniel Loren Leyton. (Digital 8:59:15) (kan) (Entered: 11/07/2022) (0) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Main Document) (17) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Affidavit Declaration of Abiel Cartaya Delgado) (8) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Affidavit Declaration of Shawn Keller) (19) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Affidavit Declaration of Cesar Manuel Garcia Navas) (2) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Affidavit Declaration of Alain Cartaya Delgado) (2) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Affidavit Declaration of Leticia Milena Garcia Delgado) (2) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Affidavit Declaration of Daryl Ramirez Delgado) (2) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Affidavit Declaration of Diony Ramirez Delgado) (2) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Affidavit Declaration of Susana Sanchez) (5) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Certification Local Business Tax Receipt) (2) |
| Nov 1, 2022 | 54 | RESPONSE to 42 MOTION for Contempt , to Enforce Injunction and for Sanctions by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Affidavit Declaration of Abiel Cartaya Delgado, # 2 Affidavit Declaration of Shawn Keller, # 3 Affidavit Declaration of Cesar Manuel Garcia Navas, # 4 Affidavit Declaration of Alain Cartaya Delgado, # 5 Affidavit Declaration of Leticia Milena Garcia Delgado, # 6 Affidavit Declaration of Daryl Ramirez Delgado, # 7 Affidavit Declaration of Diony Ramirez Delgado, # 8 Affidavit Declaration of Susana Sanchez, # 9 Certification Local Business Tax Receipt, # 10 Certification Jaws Podiatry License)(Leyton, Daniel) (Entered: 11/01/2022) (Certification Jaws Podiatry License) (2) |
| Oct 31, 2022 | 53 | PAPERLESS ORDER Setting Hearing. A Telephonic Hearing on the Parties' 52 Joint Motion for Confidential Information Protective Order is set for November 7, 2022, at 9:00 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. Telephonic appearance may be made by dialing 1 (866) 434-5269, enter access code 9978869 followed by the (#) sign, and enter security code 5710 followed by the (#) sign. Signed by Magistrate Judge Lauren Fleischer Louis on 10/31/2022. (nce) (Entered: 10/31/2022) (0) |
| Oct 28, 2022 | 51 | NOTICE of Mediator Selection. Selected/Added Norman S. Gerstein as Mediator. (Grant, Joey) (Entered: 10/28/2022) (2) |
| Oct 28, 2022 | 52 | Joint MOTION for Confidentiality Order by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Text of Proposed Order Proposed Order)(Leyton, Daniel) (Entered: 10/28/2022) (Main Document) (3) |
| Oct 28, 2022 | 52 | Joint MOTION for Confidentiality Order by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. (Attachments: # 1 Text of Proposed Order Proposed Order)(Leyton, Daniel) (Entered: 10/28/2022) (Text of Proposed Order Proposed Order) (12) |
| Oct 26, 2022 | 50 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of its Amended Complaint. 49 . The amended complaint moots Defendant's Motion to Dismiss. 36 . Accordingly, UPON CONSIDERATION of the Amended Complaint 49 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss 36 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 10/26/2022. (fpi) (Entered: 10/26/2022) (0) |
| Oct 25, 2022 | 48 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Leave to File Second Amended Complaint ("Mot."). 47 . Therein, Plaintiffs request the Court's permission to file a new Amended Complaint in light of "additional factual information regarding Defendants' pre-suit and post-suit activity." Id. at 2. Despite counsel's best efforts, Plaintiffs have been unable to confer with Defense counsel regarding the Motion. Id. at 3. Federal Rule of Civil Procedure 15(a)(2) permits a party to amend its pleadings by leave of court or by written consent of the adverse party. The decision to grant or deny a motion to amend pleadings is within the sound discretion of the trial court. Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594, 598 (5th Cir. 1981). The policy of the federal rules is to permit liberal amendment to facilitate determination of claims on the merits and to prevent litigation from becoming a technical exercise in the fine points of pleading. Id. Thus, unless there is a substantial reason to deny leave to amend, the discretion of the district court is not broad enough to permit denial. Id. A substantial reason could include "undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party, and futility of the amendment." Grayson v. Kmart Corp., 79 F.3d 1086, 1110 (11th Cir. 1996). Here, Plaintiffs have averred that, despite several attempts to confer with Defense counsel, Defendants have "failed to respond or consent" to two separate emails requesting leave to amend. Mot. at 3. Further, the Court does not find a substantial reason to deny. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 47 is GRANTED. Plaintiffs are instructed to file the amended pleading separately on the docket on or before October 28, 2021. Signed by Judge K. Michael Moore on 10/25/2022. (fpi) (Entered: 10/25/2022) (0) |
| Oct 25, 2022 | 49 | AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Dr. Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/25/2022) (Main Document) (30) |
| Oct 25, 2022 | 49 | AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Dr. Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/25/2022) (Exhibit A) (1) |
| Oct 25, 2022 | 49 | AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Dr. Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/25/2022) (Exhibit B) (30) |
| Oct 25, 2022 | 49 | AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Dr. Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/25/2022) (Exhibit C) (5) |
| Oct 25, 2022 | 49 | AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Dr. Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/25/2022) (Exhibit D) (6) |
| Oct 25, 2022 | 49 | AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Dr. Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/25/2022) (Exhibit E) (5) |
| Oct 25, 2022 | 49 | AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Dr. Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/25/2022) (Declaration of Dr. Abraham Wagner) (4) |
| Oct 25, 2022 | 49 | AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Dr. Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/25/2022) (Declaration of Jennifer Wagner) (3) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Main Document) (7) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Second Amended Complaint) (30) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Exhibit A) (1) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Exhibit B) (30) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Exhibit C) (5) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Exhibit D) (6) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Exhibit E) (5) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Declaration of Dr. Abraham Wagner) (4) |
| Oct 24, 2022 | 47 | MOTION for Leave to File Second Amended Complaint by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. (Attachments: # 1 Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Dr. Abraham Wagner, # 8 Declaration of Jennifer Wagner)(Grant, Joey) (Entered: 10/24/2022) (Declaration of Jennifer Wagner) (3) |
| Oct 21, 2022 | 46 | PAPERLESS ORDER Setting Hearing. A Hearing on 42 Plaintiffs' Motion to Enforce Injunction, Motion to find Defendants in Contempt, and Motion for Sanctions is set for November 15, 2022, at 9:00 A.M. in Miami Division before Magistrate Judge Lauren Fleischer Louis, United States Courthouse, Clyde Atkins Bldg., 301 North Miami Avenue, Miami, Florida 33128. All Parties, their witnesses, and counsel of record shall appear in person. Signed by Magistrate Judge Lauren Fleischer Louis on 10/21/2022. (nce) (Entered: 10/21/2022) (0) |
| Oct 19, 2022 | 44 | PAPERLESS ORDER REFERRING MOTIONS. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding Plaintiffs JAWS Podiatry, Inc. and Abraham Wagner's Motion to Enforce Injunction, for Contempt, and for Sanctions 42 . Signed by Judge K. Michael Moore on 10/19/2022. (fpi) (Entered: 10/19/2022) (0) |
| Oct 19, 2022 | 45 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of an Amended Complaint. 43 . Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend its pleading "once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Fed. R. Civ. P. 15(a) (emphasis added). "In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave." Id. Plaintiff has now filed three amended complaints: one on August 9, see 8 ; one on September 6, see 27 ; and one on October 18, see 43 . Plaintiff's first amended complaint was filed as of right by FRCP 15(a). Defendant failed to object to Plaintiff's second amended complaint 27 and litigation has gone forward on the basis of that document, so the Court is hesitant to strike it without additional briefing or reason. Yet Plaintiffs have again attempted to amend, see 43 , but do not purport to have received either "the opposing party's written consent" or leave of the Court to file such an amendment. See generally 43 ; Fed. R. Civ. P. 15(a)(2). Accordingly, UPON CONSIDERATION of the Amended Complaint, the pertinent portions of the record, and being otherwise fully advised in the premises, is it hereby ORDERED AND ADJUDGED that the Clerk of the Court is instructed to STRIKE Plaintiff's Amended Complaint 43 . Plaintiff may amend its pleading only "with the opposing party's written consent or the court's leave." Signed by Judge K. Michael Moore on 10/19/2022. (fpi) (Entered: 10/19/2022) (0) |
| Oct 18, 2022 | 42 | MOTION for Contempt , to Enforce Injunction and for Sanctions by JAWS PODIATRY, INC.. Responses due by 11/1/2022 (Attachments: # 1 Declaration, # 2 Exhibit A)(Grant, Joey) (Entered: 10/18/2022) (Main Document) (9) |
| Oct 18, 2022 | 43 | STRICKEN AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) Modified per DE 45 Order on 10/20/2022 (ebz). (Entered: 10/18/2022) (Main Document) (30) |
| Oct 18, 2022 | 43 | STRICKEN AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) Modified per DE 45 Order on 10/20/2022 (ebz). (Entered: 10/18/2022) (Exhibit A) (1) |
| Oct 18, 2022 | 43 | STRICKEN AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) Modified per DE 45 Order on 10/20/2022 (ebz). (Entered: 10/18/2022) (Exhibit B) (30) |
| Oct 18, 2022 | 43 | STRICKEN AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) Modified per DE 45 Order on 10/20/2022 (ebz). (Entered: 10/18/2022) (Exhibit C) (5) |
| Oct 18, 2022 | 43 | STRICKEN AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) Modified per DE 45 Order on 10/20/2022 (ebz). (Entered: 10/18/2022) (Exhibit D) (6) |
| Oct 18, 2022 | 43 | STRICKEN AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) Modified per DE 45 Order on 10/20/2022 (ebz). (Entered: 10/18/2022) (Exhibit E) (5) |
| Oct 18, 2022 | 43 | STRICKEN AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) Modified per DE 45 Order on 10/20/2022 (ebz). (Entered: 10/18/2022) (Declaration of Abraham Wagner) (4) |
| Oct 18, 2022 | 43 | STRICKEN AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Declaration of Abraham Wagner, # 7 Declaration of Jennifer Wagner)(Grant, Joey) Modified per DE 45 Order on 10/20/2022 (ebz). (Entered: 10/18/2022) (Declaration of Jennifer Wagner) (3) |
| Oct 18, 2022 | 42 | MOTION for Contempt , to Enforce Injunction and for Sanctions by JAWS PODIATRY, INC.. Responses due by 11/1/2022 (Attachments: # 1 Declaration, # 2 Exhibit A)(Grant, Joey) (Entered: 10/18/2022) (Declaration) (3) |
| Oct 18, 2022 | 42 | MOTION for Contempt , to Enforce Injunction and for Sanctions by JAWS PODIATRY, INC.. Responses due by 11/1/2022 (Attachments: # 1 Declaration, # 2 Exhibit A)(Grant, Joey) (Entered: 10/18/2022) (Exhibit A) (1) |
| Oct 17, 2022 | 41 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Extension of Time to Respond or Otherwise Plead to Defendants' Motion to Dismiss. 40 . Therein, Plaintiffs request a four (4) day extension of time to respond to Defendants' Motion to Dismiss, 36 , as Plaintiffs aver that new information has arisen which "directly impacts claims made in Plaintiffs' Complaint and necessitates an amending thereof." See 40 at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 40 is GRANTED. Plaintiffs shall file their response to Defendants' Motion to Dismiss 36 on or before October 18, 2022. Signed by Judge K. Michael Moore on 10/17/2022. (fpi) (Entered: 10/17/2022) (0) |
| Oct 14, 2022 | 40 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 36 Defendant's MOTION to Dismiss with Prejudice 27 Amended Complaint/Amended Notice of Removal, by JAWS PODIATRY, INC.. (Grant, Joey) (Entered: 10/14/2022) (3) |
| Oct 13, 2022 | 38 | PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of August 14, 2023, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on August 10, 2023, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for August 1, 2023, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 10/13/2022. (fpi) 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. (Entered: 10/13/2022) (0) |
| Oct 13, 2022 | 39 | PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning August 14, 2023, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 10/13/2022. (fpi) (Entered: 10/13/2022) (0) |
| Oct 12, 2022 | 37 | Joint SCHEDULING REPORT - Rule 16.1 by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A. (Teal, Kyle) (Entered: 10/12/2022) (5) |
| Sep 30, 2022 | 36 | Defendant's MOTION to Dismiss with Prejudice 27 Amended Complaint/Amended Notice of Removal, by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. Responses due by 10/14/2022 (Teal, Kyle) (Entered: 09/30/2022) (20) |
| Sep 26, 2022 | 35 | NOTICE OF WITHDRAWAL OF MOTION by Raymond Lopez, DPM, Raymond Lopez, DPM, P.A. re 32 MOTION TO DISMISS 8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Raymond Lopez, DPM, Raymond Lopez, DPM, P.A. (Teal, Kyle) (Entered: 09/26/2022) (1) |
| Sep 24, 2022 | 33 | PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time Respond to the Amended Complaint. 31 . Therein, Defendants request a seven (7) day extension of time to respond to Plaintiff's Amended Complaint, 8 , because since the Parties' preliminary injunction hearing the Defendants have focused on ironing out an agreed-upon preliminary injunction and waiting for the Plaintiff to file another amended complaint as requested by the Court at that hearing. See 31 at 12. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 31 is GRANTED. Defendants shall file their response to Plaintiff's Amended Complaint 8 on or before September 30, 2022. Signed by Judge K. Michael Moore on 9/24/2022. (fpi) (Entered: 09/24/2022) (0) |
| Sep 24, 2022 | 34 | ORDER granting in part and denying in part 30 Motion for Preliminary Injunction, entering Preliminary Injunction. Signed by Judge K. Michael Moore on 9/24/2022. See attached document for full details. (fpi) (Entered: 09/24/2022) (10) |
| Sep 23, 2022 | 30 | Joint MOTION for Preliminary Injunction by JAWS PODIATRY, INC.. (Attachments: # 1 Text of Proposed Order)(Grant, Joey) (Entered: 09/23/2022) (Main Document) (2) |
| Sep 23, 2022 | 31 | Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiffs' Amended Complaint by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. (Teal, Kyle) (Entered: 09/23/2022) (3) |
| Sep 23, 2022 | 32 | MOTION TO DISMISS 8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Raymond Lopez, DPM, Raymond Lopez, DPM, P.A.. Responses due by 10/7/2022 (Teal, Kyle) (Entered: 09/23/2022) (19) |
| Sep 23, 2022 | 30 | Joint MOTION for Preliminary Injunction by JAWS PODIATRY, INC.. (Attachments: # 1 Text of Proposed Order)(Grant, Joey) (Entered: 09/23/2022) (Text of Proposed Order) (10) |
| Sep 7, 2022 | N/A | Terminate Motions (0) Docket Text: PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of its Amended Complaint. [27]. The Amended Complaint moots Defendant's Motion to Dismiss. [17]. Accordingly, UPON CONSIDERATION of the Amended Complaint [27], the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants Motion to Dismiss [17] is DENIED AS MOOT. Signed by Judge K. Michael Moore on 9/7/2022. (fpi) |
| Sep 7, 2022 | N/A | Miscellaneous Hearing (0) Docket Text: PAPERLESS Minute Entry for Preliminary Injunction proceedings held before Judge K. Michael Moore held on 9/7/2022. Total time in court: 50 minutes. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (fpi) |
| Sep 7, 2022 | N/A | Temporary Restraining Order (0) Docket Text: PAPERLESS ORDER EXTENDING MODIFIED TEMPORARY RESTRAINING ORDER. THIS CAUSE came before the Court upon the Parties' hearing regarding Plaintiffs' motion for the entry of a preliminary injunction on September 7, 2022. See (ECF No. 28). At that hearing, the parties discussed the possibility of extending the existing Temporary Restraining Order ("TRO"), which is currently set to expire on September 15, 2022. See [13], [25]. Rule 65(b)(2) of the Federal Rules of Civil Procedure governs the duration of time that a temporary restraining order may last before expiration. Fed. R. Civ. P. 65(b)(2). The Rule provides that a TRO is not to exceed 14 days "unless... the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record." Id. The Court has already extended the TRO at issue in this matter for a period of fourteen (14) days. See [25]. Thus, the Court may only extend the TRO if "the adverse party consents." Fed. R. Civ. P. 65(b)(2). At the Court's hearing on September 7, 2022, Defendants did so consent to an extension for seven (7) days. Defendants requested clarification specifying that the TRO contained (a) no travel restrictions; (b) no restriction on Defendant Lopez's use of his financial accounts to treat his patients; and (c) no restrictions on Lopez's ability to use procedures he learned in medical school to treat his patients. Plaintiffs agreed to those clarifications without objection. Accordingly, it is ORDERED AND ADJUDGED that the Court's Temporary Restraining Order as modified on September 1, 2022 [25], is extended by seven (7) days until September 22, 2022, to the extent that the Order (a) does not restrict Defendants' travel; (b) does not restrict Defendant Lopez's use of his financial accounts to treat his patients; and (c) does not restrict Defendant Lopez's ability to use procedures he learned in medical school to treat his patients. Signed by Judge K. Michael Moore on 9/7/2022. (fpi) |
| Sep 7, 2022 | 28 | PAPERLESS Minute Entry for Preliminary Injunction proceedings held before Judge K. Michael Moore held on 9/7/2022. Total time in court: 50 minutes. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (fpi) (Entered: 09/07/2022) (0) |
| Sep 7, 2022 | 29 | PAPERLESS ORDER EXTENDING MODIFIED TEMPORARY RESTRAINING ORDER. THIS CAUSE came before the Court upon the Parties' hearing regarding Plaintiffs' motion for the entry of a preliminary injunction on September 7, 2022. See (ECF No. 28). At that hearing, the parties discussed the possibility of extending the existing Temporary Restraining Order ("TRO"), which is currently set to expire on September 15, 2022. See 13 , 25 . Rule 65(b)(2) of the Federal Rules of Civil Procedure governs the duration of time that a temporary restraining order may last before expiration. Fed. R. Civ. P. 65(b)(2). The Rule provides that a TRO is not to exceed 14 days "unless... the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record." Id. The Court has already extended the TRO at issue in this matter for a period of fourteen (14) days. See 25 . Thus, the Court may only extend the TRO if "the adverse party consents." Fed. R. Civ. P. 65(b)(2). At the Court's hearing on September 7, 2022, Defendants did so consent to an extension for seven (7) days. Defendants requested clarification specifying that the TRO contained (a) no travel restrictions; (b) no restriction on Defendant Lopez's use of his financial accounts to treat his patients; and (c) no restrictions on Lopez's ability to use procedures he learned in medical school to treat his patients. Plaintiffs agreed to those clarifications without objection. Accordingly, it is ORDERED AND ADJUDGED that the Court's Temporary Restraining Order as modified on September 1, 2022 25 , is extended by seven (7) days until September 22, 2022, to the extent that the Order (a) does not restrict Defendants' travel; (b) does not restrict Defendant Lopez's use of his financial accounts to treat his patients; and (c) does not restrict Defendant Lopez's ability to use procedures he learned in medical school to treat his patients. Signed by Judge K. Michael Moore on 9/7/2022. (fpi) (Entered: 09/07/2022) (0) |
| Sep 6, 2022 | 27 | Main Document (36) Docket Text: AMENDED COMPLAINT against A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A., filed by JAWS PODIATRY, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Declaration, # (5) Declaration)(Grant, Joey) |
| Sep 6, 2022 | 27 | Exhibit A (1) |
| Sep 6, 2022 | 27 | Exhibit B (43) |
| Sep 6, 2022 | 27 | Exhibit C (5) |
| Sep 6, 2022 | 27 | Declaration (8) |
| Sep 6, 2022 | 27 | Declaration (5) |
| Sep 2, 2022 | 26 | Certificate of Other Affiliates/Corporate Disclosure Statement (1) Docket Text: Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Raymond Lopez, DPM, P.A. (Teal, Kyle) |
| Sep 1, 2022 | N/A | Set/Reset Hearings (0) Docket Text: PAPERLESS NOTICE SCHEDULING PRELIMINARY INJUNCTION HEARING. A Preliminary Injunction Hearing is now set for Wednesday, September 7, 2022 at 11:00 A.M. before U.S. District Judge K. Michael Moore, United States Courthouse, Courtroom 13-1 (thirteenth floor), 400 North Miami Avenue, Miami, Florida. All Parties shall appear in person. Signed by Judge K. Michael Moore on 9/1/2022. (fpi) |
| Sep 1, 2022 | 25 | Temporary Restraining Order (2) Docket Text: EXTENSION OF MODIFIED TEMPORARY RESTRAINING ORDER. Preliminary Injunction hearing scheduled for Wednesday, September 7, 2022, at 11:00 A.M. Signed by Judge K. Michael Moore on 9/1/2022. See attached document for full details. (fpi) |
| Aug 31, 2022 | 22 | Notice of Change of Address, Email or Law Firm Name (2) Docket Text: NOTICE of Change of Address, Email or Law Firm Name by Augusto Perera (Perera, Augusto) |
| Aug 31, 2022 | 23 | Main Document (12) Docket Text: Defendant's REPLY to Response to Motion re [9] Corrected MOTION for Temporary Restraining Order and Plaintiffs' Motion to Extend TRO filed by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Teal, Kyle) |
| Aug 31, 2022 | 23 | Exhibit A (1) |
| Aug 31, 2022 | 23 | Exhibit B (1) |
| Aug 31, 2022 | 23 | Exhibit C (7) |
| Aug 31, 2022 | 23 | Exhibit D (2) |
| Aug 31, 2022 | 23 | Exhibit E (1) |
| Aug 31, 2022 | 23 | Exhibit F (4) |
| Aug 31, 2022 | N/A | Clerk's Notice - Attorney Admissions (0) Docket Text: CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Augusto Perera re [22] Notice of Change of Address, Email or Law Firm Name. Attorney Augusto Perera has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (pt) |
| Aug 29, 2022 | 21 | Main Document (13) Docket Text: RESPONSE to [16] Response to Motion,,,, by JAWS PODIATRY, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Affidavit Declaration of Jennifer Wagner)(Grant, Joey) |
| Aug 29, 2022 | 21 | Exhibit A (33) |
| Aug 29, 2022 | 21 | Exhibit B (5) |
| Aug 29, 2022 | 21 | Exhibit C (18) |
| Aug 29, 2022 | 21 | Exhibit D (9) |
| Aug 29, 2022 | 21 | Exhibit E (1) |
| Aug 29, 2022 | 21 | Affidavit Declaration of Jennifer Wagner (5) |
| Aug 26, 2022 | N/A | Set/Reset Motion/R&R Deadlines and Hearings (0) Docket Text: Set/Reset Deadlines/Hearings as to [17] MOTION to Dismiss [8] Amended Complaint/Amended Notice of Removal . Per DE [19] Order. Responses due by 8/29/2022 Replies due by 8/31/2022. (ebz) |
| Aug 26, 2022 | 18 | Notice of Attorney Appearance (1) Docket Text: NOTICE of Attorney Appearance by Kyle Brandon Teal on behalf of Raymond Lopez, DPM, Raymond Lopez, DPM, P.A.. Attorney Kyle Brandon Teal added to party Raymond Lopez, DPM(pty:dft), Attorney Kyle Brandon Teal added to party Raymond Lopez, DPM, P.A.(pty:dft). (Teal, Kyle) |
| Aug 26, 2022 | N/A | Order (0) Docket Text: PAPERLESS ORDER SETTING BRIEFING SCHEDULE ON MOTION TO DISSOLVE EX PARTE TRO. THIS CAUSE came before the Court upon a sua sponte review of the record. On August 23, 2022, Defendants filed a Motion to Dissolve [16] the ex parte temporary restraining order entered by this Court on August 18, 2022. See [13]. Given the restrictions imposed by the TRO and its impending expiration (currently set for September 1, 2022), the Court finds an expedited briefing schedule to be appropriate. Accordingly, UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties shall comply with the following expedited briefing schedule: Plaintiffs' response to the Motion to Dissolve [16] shall be due on or before close of business (5:00pm) on Monday, August 29, 2022. Defendants may file a reply, if they so choose, by 12:00pm on Wednesday, August 31, 2022. To the extent that Defendants do not intend to reply, they should notify the Court immediately. Signed by Judge K. Michael Moore on 8/26/2022. (fpi) |
| Aug 26, 2022 | 20 | Notice of Attorney Appearance (3) Docket Text: NOTICE of Attorney Appearance by Augusto Perera on behalf of A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. Attorney Augusto Perera added to party A&D Creative Marketing LLC(pty:dft), Attorney Augusto Perera added to party Leticia Delgado Batista(pty:dft), Attorney Augusto Perera added to party Abiel Cartaya Delgado(pty:dft), Attorney Augusto Perera added to party Alain Cartaya Delgado(pty:dft), Attorney Augusto Perera added to party Cesar Manuel Garcia Navas(pty:dft), Attorney Augusto Perera added to party Luxe Foot Surgery Corp(pty:dft), Attorney Augusto Perera added to party Daryl Ramirez(pty:dft), Attorney Augusto Perera added to party Diony Ramirez(pty:dft). (Perera, Augusto) |
| Aug 23, 2022 | 16 | Main Document (20) Docket Text: RESPONSE to Motion re [6] MOTION for Temporary Restraining Order filed by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. Attorney Daniel Loren Leyton added to party A&D Creative Marketing LLC(pty:dft), Attorney Daniel Loren Leyton added to party Leticia Delgado Batista(pty:dft), Attorney Daniel Loren Leyton added to party Abiel Cartaya Delgado(pty:dft), Attorney Daniel Loren Leyton added to party Alain Cartaya Delgado(pty:dft), Attorney Daniel Loren Leyton added to party Cesar Manuel Garcia Navas(pty:dft), Attorney Daniel Loren Leyton added to party Luxe Foot Surgery Corp(pty:dft), Attorney Daniel Loren Leyton added to party Daryl Ramirez(pty:dft), Attorney Daniel Loren Leyton added to party Diony Ramirez(pty:dft). Replies due by 8/30/2022. (Attachments: # (1) Exhibit Declaration of Abiel Cartaya Delgado, # (2) Exhibit Declaration of Cesar Manuel Garcia Navas, # (3) Exhibit AHCA Final Order, # (4) Exhibit CopyScape)(Leyton, Daniel) |
| Aug 23, 2022 | 16 | Exhibit Declaration of Abiel Cartaya Delgado (37) |
| Aug 23, 2022 | 16 | Exhibit Declaration of Cesar Manuel Garcia Navas (25) |
| Aug 23, 2022 | 16 | Exhibit AHCA Final Order (16) |
| Aug 23, 2022 | 16 | Exhibit CopyScape (34) |
| Aug 23, 2022 | 17 | Motion to Dismiss (13) Docket Text: MOTION to Dismiss [8] Amended Complaint/Amended Notice of Removal by A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez. Responses due by 9/6/2022 (Leyton, Daniel) |
| Aug 19, 2022 | N/A | Pretrial Order (0) Docket Text: PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 8/19/2022. (tgr) |
| Aug 19, 2022 | N/A | Order Referring Case to Magistrate Judge (0) Docket Text: PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 8/19/2022. (tgr) |
| Aug 18, 2022 | 13 | Order on Motion for Temporary Restraining Order (12) Docket Text: ORDER granting [9] Motion for Temporary Restraining Order. Signed by Judge K. Michael Moore on 8/18/2022. See attached document for full details. (tgr) |
| Aug 11, 2022 | N/A | Order on Motion to Appear Pro Hac Vice (0) Docket Text: PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Gordon [11]. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion [11] is GRANTED. Jennifer L. Gordon may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: jgordon@loriumlaw.com. Signed by Judge K. Michael Moore on 8/11/2022. (fpi) |
| Aug 10, 2022 | N/A | Order on Motion to Appear Pro Hac Vice (0) Docket Text: PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Gordon [7]. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion [7] is DENIED WITHOUT PREJUDICE because the Motion states that the Pro Hac Vice attorney is appearing as co-counsel on behalf of a Plaintiff, Cloud Conductor LLC, who is not a party to the case. Local counsel is instructed to file an updated pro hac vice motion that complies with the Local Rules. Signed by Judge K. Michael Moore on 8/10/2022. (fpi) |
| Aug 10, 2022 | 11 | Main Document (3) Docket Text: Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Gordon, Esquire. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See [7] Motion to Appear Pro Hac Vice, by JAWS PODIATRY, INC., ABRAHAM WAGNER, DPM. Responses due by 8/24/2022 (Attachments: # (1) Text of Proposed Order)(Grant, Joey) |
| Aug 10, 2022 | 11 | Text of Proposed Order (2) |
| Aug 9, 2022 | 7 | Main Document (3) Docket Text: MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Gordon, Esquire. Filing Fee $ 200.00 Receipt # AFLSDC-15854588 by JAWS PODIATRY, INC.. Responses due by 8/23/2022 (Attachments: # (1) Text of Proposed Order)(Grant, Joey) |
| Aug 9, 2022 | 7 | Text of Proposed Order (2) |
| Aug 9, 2022 | 8 | Main Document (34) Docket Text: Corrected AMENDED COMPLAINT against All Defendants, filed by JAWS PODIATRY, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Declaration of Dr. Abraham Wagner)(Grant, Joey) |
| Aug 9, 2022 | 8 | Exhibit A (1) |
| Aug 9, 2022 | 8 | Exhibit B (43) |
| Aug 9, 2022 | 8 | Exhibit C (5) |
| Aug 9, 2022 | 8 | Declaration of Dr. Abraham Wagner (8) |
| Aug 9, 2022 | 9 | Main Document (16) Docket Text: Corrected MOTION for Temporary Restraining Order by JAWS PODIATRY, INC.. Responses due by 8/23/2022 (Attachments: # (1) Declaration of Dr. Abraham Wagner, # (2) Text of Proposed Order)(Grant, Joey) |
| Aug 9, 2022 | 9 | Declaration of Dr. Abraham Wagner (8) |
| Aug 9, 2022 | 9 | Text of Proposed Order (4) |
| Aug 8, 2022 | 3 | Summons Issued (10) Docket Text: Summons Issued as to A&D Creative Marketing LLC, Leticia Delgado Batista, Abiel Cartaya Delgado, Alain Cartaya Delgado, Cesar Manuel Garcia Navas, Raymond Lopez, DPM, Luxe Foot Surgery Corp, Daryl Ramirez, Diony Ramirez, Raymond Lopez, DPM, P.A.. (nan) |
| Aug 8, 2022 | 4 | Main Document (1) Docket Text: FORM AO 120 SENT TO DIRECTOR OF U.S. PATENT AND TRADEMARK (Attachments: # (1) Complaint & Exhibits) (nan) |
| Aug 8, 2022 | 4 | Complaint & Exhibits (83) |
| Aug 8, 2022 | 5 | Bar Letter (2) Docket Text: Bar Letter re: Admissions sent to attorney Jennifer L. Gordon, mailing date August 8, 2022, (pt) |
| Aug 8, 2022 | 6 | Main Document (15) Docket Text: MOTION for Temporary Restraining Order by JAWS PODIATRY, INC.. Responses due by 8/22/2022 (Attachments: # (1) Text of Proposed Order)(Grant, Joey) |
| Aug 8, 2022 | 6 | Text of Proposed Order (4) |
| Aug 5, 2022 | 1 | Main Document (34) Docket Text: COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15850085, filed by ABRAHAM WAGNER, DPM, JAWS PODIATRY, INC.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Civil Cover Sheet, # (5) Summon(s), # (6) Summon(s), # (7) Summon(s), # (8) Summon(s), # (9) Summon(s), # (10) Summon(s), # (11) Summon(s), # (12) Summon(s), # (13) Summon(s), # (14) Summon(s))(Grant, Joey) |
| Aug 5, 2022 | 1 | Exhibit A (1) |
| Aug 5, 2022 | 1 | Exhibit B (43) |
| Aug 5, 2022 | 1 | Exhibit C (5) |
| Aug 5, 2022 | 1 | Civil Cover Sheet (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | 1 | Summon(s) (2) |
| Aug 5, 2022 | N/A | Clerk's Notice of Judge Assignment (0) Docket Text: Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (nan) |
