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Case number 6:19-cv-00544

JCS Industries LLC v. DesignStein LLC et al > Documents

Date Field Doc. No.Description (Pages)
Aug 27, 2022 N/A Motion for Miscellaneous Relief (0)
Docket Text: ORAL MOTION for Miscellaneous Relief, specifically to allow support staff to bring in laptop for trial by JCS Industries LLC. (BIA)
Apr 27, 2021 135 Patent/Trademark Report (3)
Docket Text: Trademark Report sent to Alexandria, VA. (KNC) ctp
Apr 26, 2021 133 Settlement Conference (1)
Docket Text: Minute Entry. In Person Proceedings held before Magistrate Judge Gregory J. Kelly: SETTLEMENT CONFERENCE held on 4/26/2021. Parties have settled the case. (digital) (KKA)
Apr 26, 2021 134 Order dismissing case (2)
Docket Text: ORDER dismissing case re [133] Settlement Conference. Signed by Judge Roy B. Dalton, Jr. on 4/26/2021. (BIA)
Apr 16, 2021 131 Transcript (39)
Docket Text: TRANSCRIPT of Final Pretrial Conference held on April 12, 2021, before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 5/7/2021 Redacted Transcript Deadline set for 5/17/2021 Release of Transcript Restriction set for 7/15/2021. (ARF)
Apr 16, 2021 N/A Notice to counsel of filing of official transcript (0)
Docket Text: NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF)
Apr 14, 2021 N/A Add and terminate judges (0)
Docket Text: Magistrate Judge Gregory J. Kelly added as settlement judge. (KNC)
Apr 14, 2021 N/A Set/reset deadlines/hearings-PUBLIC (0)
Docket Text: Set hearings: Settlement Conference set for 4/26/2021 at 10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly (KNC)
Apr 13, 2021 128 Order pdf (1)
Docket Text: ORDER: This case is hereby referred to Magistrate Judge Gregory J. Kelly for a settlement conference. The parties are to contact Judge Kelly's chambers to schedule a mutually agreeable time. Signed by Judge Roy B. Dalton, Jr. on 4/13/2021. (BIA)
Apr 13, 2021 129 Order pdf (3)
Docket Text: ORDER Setting Settlement Conference. All parties and their counsel shall appear before the undersigned on MONDAY, APRIL 26, 2021, at 10:00 A.M. in Courtroom #3C. See Order for additional requirements. Signed by Magistrate Judge Gregory J. Kelly on 4/13/2021. (MB)
Apr 13, 2021 130 Order on Motion for Miscellaneous Relief (2)
Docket Text: ORDER granting [127] Motion to allow support staff to bring in laptop for trial. Signed by Judge Roy B. Dalton, Jr. on 4/13/2021. (BIA)
Apr 12, 2021 122 Final pretrial conference (2)
Docket Text: Minute Entry. In Person Proceedings held before Judge Roy B. Dalton, Jr.: FINAL PRETRIAL CONFERENCE held on 4/12/2021. Court Reporter: Amie First (BIA) (BIA).
Apr 12, 2021 N/A Motion for Miscellaneous Relief (0)
Docket Text: Oral MOTION to exclude referral site analytics by JCS Industries LLC. (BIA)
Apr 12, 2021 N/A Motion to Amend / Correct / Modify / Supplement (0)
Docket Text: Oral MOTION to supplement exhibit list by DesignStein LLC, Bryan Knowlton. (BIA)
Apr 12, 2021 N/A Order on Motion for Miscellaneous Relief (0)
Docket Text:ORAL ORDER granting in part and denying in part [123] Motion exclude referral site analytics; denying [124] Motion to Supplement for the reasons stated on the record. Rendered in open court by Judge Roy B. Dalton, Jr. on 4/12/2021. (BIA)
Apr 12, 2021 N/A Notice of hearing (0)
Docket Text: NOTICE of hearing: Jury Trial set for 5/5/2021, date certain, at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. *Jury Selection will be held in Courtroom 3A* (BIA)
Apr 8, 2021 121 Main Document (21)
Docket Text: MEMORANDUM in opposition re [114] Motion for Attorney Fees, Damages, and Costs filed by DesignStein LLC, Bryan Knowlton. (Attachments: # (1) Exhibit A - WhoIs reports for www.staypoolizer.com, # (2) Exhibit B - True Mfg. Complaint)(Keough, Shaun)
Apr 8, 2021 121 Exhibit A - WhoIs reports for www.staypoolizer.com (4)
Apr 8, 2021 121 Exhibit B - True Mfg. Complaint (72)
Mar 30, 2021 N/A Order on Motion for Extension of Time to File (0)
Docket Text:ENDORSED ORDER denying [117] Motion for Extension of Time to File Motion in Limine. Signed by Judge Roy B. Dalton, Jr. on 3/30/2021. (Dalton, Jr., Roy)
Mar 30, 2021 119 Proposed Jury Instructions (15)
Docket Text: Proposed Jury Instructions by JCS Industries LLC. (Boomershine, Stephanie)
Mar 30, 2021 120 Proposed verdict form filed (4)
Docket Text: PROPOSED verdict form filed byJCS Industries LLC. (Boomershine, Stephanie)
Mar 29, 2021 N/A Set/reset deadlines/hearings-PUBLIC (0)
Docket Text: Set deadlines: Defendants' Brief on damages due by 4/8/2021. (KNC)
Mar 29, 2021 116 Main Document (13)
Docket Text: PRETRIAL statement by JCS Industries LLC. (Attachments: # (1) Exhibit A: Plaintiff Exhibit List, # (2) Exhibit B: Defendants' Exhibit List, # (3) Exhibit C: Plaintiff Witness List, # (4) Exhibit D: Defendants' Witness List)(Boomershine, Stephanie)
Mar 29, 2021 116 Exhibit A: Plaintiff Exhibit List (6)
Mar 29, 2021 116 Exhibit B: Defendants' Exhibit List (60)
Mar 29, 2021 116 Exhibit C: Plaintiff Witness List (4)
Mar 29, 2021 116 Exhibit D: Defendants' Witness List (3)
Mar 29, 2021 117 Main Document (9)
Docket Text: MOTION for Extension of Time to File Motion in Limine by JCS Industries LLC. (Attachments: # (1) Exhibit A: Motion in Limine)(Boomershine, Stephanie) Motions referred to Magistrate Judge Embry J. Kidd.
Mar 29, 2021 117 Exhibit A: Motion in Limine (11)
Mar 26, 2021 115 Order pdf (2)
Docket Text: ORDER: Defendants are DIRECTED to file a brief on damages by Thursday, April 8, 2021. The parties are DIRECTED to meet and confer and advise the Court whether they want a bench or jury trial on the issue of damages in their Joint Pretrial Statement. Signed by Judge Roy B. Dalton, Jr. on 3/26/2021. (BIA)
Mar 25, 2021 114 Main Document (25)
Docket Text: MOTION for Attorney Fees Damages, and Costs by JCS Industries LLC. (Attachments: # (1) Exhibit A: Supplemental Interrogatory, # (2) Exhibit B: Boomershine Declaration, # (3) Exhibit C: Holihan Affidavit)(Boomershine, Stephanie) Motions referred to Magistrate Judge Embry J. Kidd.
Mar 25, 2021 114 Exhibit A: Supplemental Interrogatory (6)
Mar 25, 2021 114 Exhibit B: Boomershine Declaration (7)
Mar 25, 2021 114 Exhibit C: Holihan Affidavit (4)
Mar 17, 2021 113 Order pdf (2)
Docket Text: ORDER: Count I of Plaintiff's Amended Complaint is DISMISSED WITHOUT PREJUDICE. Signed by Judge Roy B. Dalton, Jr. on 3/17/2021. (BIA)
Mar 11, 2021 112 Stipulation of Dismissal (2)
Docket Text: STIPULATION of Dismissal of Count I of the Amended Complaint by JCS Industries LLC. (Boomershine, Stephanie)
Mar 1, 2021 109 Motion to Appear (3)
Docket Text: Joint MOTION for Stephanie Boomershine, Shaun Keough to appear telephonically by video conference at Pre-Trial Meeting by All Plaintiffs. (Boomershine, Stephanie)
Mar 1, 2021 N/A Notice of rescheduling hearing (0)
Docket Text: NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 4/15/2021 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 4/12/2021 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (BIA)
Mar 1, 2021 N/A Order on Motion to Appear Telephonically (0)
Docket Text:ENDORSED ORDER granting the parties' Joint Motion Requesting Leave to Conduct Pre-Trial Meeting by Video Conference (Doc. 109). However, the motion was unnecessary in the Orlando Division. See https://www.flmd.uscourts.gov/locations/orlando (March 18, 2020 Orlando Covid Protocols Memorandum). Signed by Judge Roy B. Dalton, Jr. on 3/1/21. (EBU)
Feb 22, 2021 108 Order on Motion for Reconsideration / Clarification (5)
Docket Text: ORDER denying [105] Motion for Reconsideration. Signed by Judge Roy B. Dalton, Jr. on 2/22/2021. (BIA)
Feb 16, 2021 107 Response in Opposition to Motion (19)
Docket Text: RESPONSE in Opposition re [105] MOTION for Partial Reconsideration re [102] Order on Motion for Judgment on the PleadingsOrder on Motion for Partial Summary JudgmentOrder on Motion for Summary Judgment filed by JCS Industries LLC. (Boomershine, Stephanie)
Feb 3, 2021 N/A *Remark (0)
Docket Text: Remark: the Court notes Doc. [105] does not comply with Local Rule 1.08's typography requirements. Given the recent changes to the Local Rules, the Court will accept the filing, but cautions future filings must comply with the current version of the Local Rules. Signed by Judge Roy B. Dalton, Jr. on 2/3/21. (EBU)
Feb 2, 2021 105 Motion for Reconsideration / Clarification (9)
Docket Text: MOTION for Partial Reconsideration re [102] Order on Motion for Judgment on the Pleadings; Order on Motion for Partial Summary Judgment; Order on Motion for Summary Judgment by DesignStein LLC, Bryan Knowlton. (Keough, Shaun) Modified on 2/3/2021 (matched text to pleading and fixed spacing) (KNC).
Jan 11, 2021 104 Case Management / FLSA / ADA / Social Security / Scheduling Order (2)
Docket Text: AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 3/29/2021, All other motions due by 3/12/2021, Final Pretrial Conference set for 4/15/2021 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Jury Trial set for 5/3/2021 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. Signed by Judge Roy B. Dalton, Jr. on 1/11/2021. (BIA)
Jan 6, 2021 103 Order on Motion to Continue (2)
Docket Text: ORDER granting [101] Motion to Continue. The remaining deadlines in the CMSO (Doc. 28) are EXTENDED by sixty (60) days. An amended CMSO will follow by separate order. Signed by Judge Roy B. Dalton, Jr. on 1/6/2021. (BIA)
Jan 5, 2021 101 Motion to Continue (6)
Docket Text: Joint MOTION to Continue Trial and Pretrial Deadlines by JCS Industries LLC. (Boomershine, Stephanie)
Jan 5, 2021 102 Order on Motion for Judgment on the Pleadings (11)
Docket Text: ORDER denying [92] Motion for Judgment on the Pleadings; denying [94] Motion for Partial Summary Judgment; granting in part and denying in part [95] Motion for Summary Judgment. Signed by Judge Roy B. Dalton, Jr. on 1/5/2021. (BIA)
Dec 2, 2020 99 Main Document (11)
Docket Text: REPLY to Response to Motion re [94] MOTION for Partial Summary Judgment with respect to Counts II through V of Plaintiff's [9] Amended Complaint filed by DesignStein LLC, Bryan Knowlton. (Attachments: # (1) Exhibit A - Knowlton Declaration in Support of the Defendants' Reply)(Keough, Shaun)
Dec 2, 2020 99 Exhibit A - Knowlton Declaration in Support of the Defendants' Reply (8)
Dec 2, 2020 100 Reply to Response to Motion (11)
Docket Text: REPLY to Response to Motion re [95] MOTION for Summary Judgment filed by JCS Industries LLC. (Boomershine, Stephanie)
Nov 18, 2020 97 Main Document (21)
Docket Text: RESPONSE in Opposition re [94] MOTION for Partial Summary Judgment with respect to Counts II through V of Plaintiff's [9] Amended Complaint filed by JCS Industries LLC. (Attachments: # (1) Exhibit A: Allison Litteral Declaration, # (2) Exhibit B: James Litteral Declaration, # (3) Exhibit C: Boomershine Declaration)(Boomershine, Stephanie)
Nov 18, 2020 97 Exhibit A: Allison Litteral Declaration (4)
Nov 18, 2020 97 Exhibit B: James Litteral Declaration (3)
Nov 18, 2020 97 Exhibit C: Boomershine Declaration (14)
Nov 18, 2020 98 Main Document (21)
Docket Text: RESPONSE in Opposition re [95] MOTION for Summary Judgment filed by DesignStein LLC, Bryan Knowlton. (Attachments: # (1) Exhibit A - Knowlton Declaration in Support of Defendants' Opposition to Plaintiff's Motion for Summary Judgment, # (2) Exhibit B - Supplemental Response to Int. No. 12, # (3) Exhibit C - Keough Declaration in Support of Defendants' Opposition to Plaintiffs Motion for Summary Judgment, # (4) Exhibit D - Transamerica Motion for Default Judgment, # (5) Exhibit E - True Mfg. Co. Complaint)(Keough, Shaun)
Nov 18, 2020 98 Exhibit A - Knowlton Declaration in Support of Defendants' Opposition to Pl (43)
Nov 18, 2020 98 Exhibit B - Supplemental Response to Int. No. 12 (6)
Nov 18, 2020 98 Exhibit C - Keough Declaration in Support of Defendants' Opposition to Plai (3)
Nov 18, 2020 98 Exhibit D - Transamerica Motion for Default Judgment (46)
Nov 18, 2020 98 Exhibit E - True Mfg. Co. Complaint (72)
Oct 27, 2020 96 Response in Opposition to Motion (9)
Docket Text: RESPONSE in Opposition re [92] MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ 12(c) with an Incorporated Memorandum of Law in Support filed by JCS Industries LLC. (Boomershine, Stephanie)
Oct 19, 2020 94 Main Document (21)
Docket Text: MOTION for Partial Summary Judgment with respect to Counts II through V of Plaintiff's [9] Amended Complaint by DesignStein LLC, Bryan Knowlton. (Attachments: # (1) Affidavit Knowlton Declaration in support of the Defendants' Motion for Summary Judgment, # (2) Exhibit Exhibits A-K to Knowlton Declaration)(Keough, Shaun) Modified on 10/20/2020 (RDO).
Oct 19, 2020 94 Affidavit Knowlton Declaration in support of the Defendants' Motion for Sum (11)
Oct 19, 2020 94 Exhibit Exhibits A-K to Knowlton Declaration (43)
Oct 19, 2020 95 Main Document (31)
Docket Text: MOTION for Summary Judgment by JCS Industries LLC. (Attachments: # (1) Exhibit A: Allison Litteral Declaration, # (2) Exhibit B: James Litteral Declaration, # (3) Exhibit C: Knowlton Interrogatory Answers, # (4) Exhibit D: DesignStein Interrogatory Answers, # (5) Exhibit E: Knowlton RFA Responses, # (6) Exhibit F: DesignStein RFA Responses, # (7) Exhibit G: Stephanie Boomershine Declaration, # (8) Exhibit H: Excerpt of Transcript from 9/18/20 Hearing)(Boomershine, Stephanie)
Oct 19, 2020 95 Exhibit A: Allison Litteral Declaration (19)
Oct 19, 2020 95 Exhibit B: James Litteral Declaration (2)
Oct 19, 2020 95 Exhibit C: Knowlton Interrogatory Answers (9)
Oct 19, 2020 95 Exhibit D: DesignStein Interrogatory Answers (10)
Oct 19, 2020 95 Exhibit E: Knowlton RFA Responses (5)
Oct 19, 2020 95 Exhibit F: DesignStein RFA Responses (5)
Oct 19, 2020 95 Exhibit G: Stephanie Boomershine Declaration (21)
Oct 19, 2020 95 Exhibit H: Excerpt of Transcript from 9/18/20 Hearing (4)
Oct 13, 2020 92 Motion for Judgment on the Pleadings (6)
Docket Text: MOTION for Judgment on the Pleadings Pursuant to Fed. R. Civ 12(c) with an Incorporated Memorandum of Law in Support by DesignStein LLC, Bryan Knowlton. (Keough, Shaun) Modified text on 10/14/2020 (TNP).
Oct 13, 2020 N/A Order on Motion to File Excess Pages (0)
Docket Text:ENDORSED ORDER granting [91] Plaintiff's Unopposed Motion Requesting Leave to File Summary Judgment Motion in Excess of 25 Pages. Plaintiff may file its Motion for Summary Judgment not to exceed 30 pages in length. Signed by Judge Roy B. Dalton, Jr. on 10/13/2020. (JTB)
Oct 9, 2020 91 Motion to File Excess Pages (3)
Docket Text: Unopposed MOTION to File Excess Pages for Summary Judgment Motion by JCS Industries LLC. (Boomershine, Stephanie)
Oct 8, 2020 89 Transcript (26)
Docket Text: TRANSCRIPT of Motion Hearing held on September 18, 2020, before Judge Embry J. Kidd. Court Reporter/Transcriber Amie R. First, RDR, CRR, CRC, CPE, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/29/2020, Redacted Transcript Deadline set for 11/9/2020, Release of Transcript Restriction set for 1/6/2021. (ARF)
Oct 8, 2020 N/A Notice to counsel of filing of official transcript (0)
Docket Text: NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF)
Sep 22, 2020 88 Order on Motion for Miscellaneous Relief (4)
Docket Text: ORDER denying [71] Plaintiff's Motion to Enforce Settlement Agreement & [73] Defendants' Motion for Sanctions. Signed by Magistrate Judge Embry J. Kidd on 9/22/2020. (JLE)
Sep 18, 2020 86 Motion Hearing (1)
Docket Text: Minute Entry. Proceedings held before Magistrate Judge Embry J. Kidd: MOTION HEARING held on 9/18/2020 re [73] MOTION for Sanctions for Plaintiff and Its Counsel's Violations of the CMSO, Local Rule 9.07(b), and Fla. Stat. Sec. 44.405(1) By Filing Motion to Enforce Settlement filed by DesignStein LLC, Bryan Knowlton, [71] MOTION to Enforce Settlement filed by JCS Industries LLC. (Zoom digital) (PML)
Sep 17, 2020 N/A Order on Motion to Quash (0)
Docket Text:ENDORSED ORDER granting [78] & [79] Defendants' and Mediator Michelle Jernigan's Motions to Quash and striking [84] Plaintiff's Witness List. The undersigned's "Preferences," found on the Middle District of Florida's website, provide that "[w]itnesses and other evidence are not permitted at oral argument unless the parties obtain permission to present evidence before the hearing." The hearing on [71] Plaintiff JCS Industries LLC's Motion to Enforce Settlement & [73] Defendants' Motion for Sanctions, is neither noticed as an evidentiary hearing, nor have the parties requested leave from the Court to present testimony. Accordingly, Ms. Jernigan and Mr. Zielinski are not permitted to testify at the hearing. Moreover, the Court notes that the Motion at [78] is styled as an "Emergency," when it is merely time sensitive. Moving forward, the Court may enter sanctions against a party that files a motion that is erroneously labeled as an "emergency." Signed by Magistrate Judge Embry J. Kidd on 9/17/2020. (JLE)
Sep 16, 2020 82 Response in Opposition to Motion (9)
Docket Text: RESPONSE in Opposition re [78] Emergency MOTION to Quash subpoenas served on John Zielinski and A. Michelle Jernigan filed by JCS Industries LLC. (Boomershine, Stephanie)
Sep 16, 2020 83 Response in Opposition to Motion (11)
Docket Text: RESPONSE in Opposition re [79] First MOTION to Quash Subpoena to Appear and Testify at Hearing September 18, 2020 @ 1:00 p.m. filed by JCS Industries LLC. (Boomershine, Stephanie)
Sep 16, 2020 84 Witness List (2)
Docket Text: **STRICKEN PER ORDER AT 85** Witness List by JCS Industries LLC. (Boomershine, Stephanie) Modified on 9/18/2020 (KNC).
Sep 15, 2020 N/A Set Motion and R&R deadlines/hearings - PUBLIC (0)
Docket Text: Set deadlines as to [78] Emergency MOTION to Quash subpoenas served on John Zielinski and A. Michelle Jernigan, [79] First MOTION to Quash Subpoena to Appear and Testify at Hearing September 18, 2020 @ 1:00 p.m.. Plaintiff's Responses due by 9/16/2020 (KNC)
Sep 15, 2020 N/A Notice (Other) (0)
Docket Text: NOTICE - Business attire is required for all Zoom hearings. Counsel are required to appear with their cameras on unless the Court has granted in advance leave to appear telephonically; re [77] Notice of hearing on motion. (PML) ctp
Sep 14, 2020 78 Motion to Quash (10)
Docket Text: Emergency MOTION to Quash subpoenas served on John Zielinski and A. Michelle Jernigan by DesignStein LLC, Bryan Knowlton. (Keough, Shaun) Motions referred to Magistrate Judge Embry J. Kidd.
Sep 14, 2020 79 Motion to Quash (4)
Docket Text: First MOTION to Quash Subpoena to Appear and Testify at Hearing September 18, 2020 @ 1:00 p.m. by Anna Michelle Jernigan. (Jernigan, Anna) Motions referred to Magistrate Judge Embry J. Kidd.
Sep 14, 2020 N/A Order on Motion to Quash (0)
Docket Text:ENDORSED ORDER taking under advisement [78] Motion to Quash and [79] Motion to Quash. Plaintiff is directed to respond to both motions on or by September 16, 2020. Signed by Magistrate Judge Embry J. Kidd on 9/14/2020. (Kidd, Embry)
Sep 10, 2020 N/A Notice of hearing on motion (0)
Docket Text: NOTICE of ZOOM hearing on motions re [71] MOTION to Enforce Settlement , and [73] MOTION for Sanctions for Plaintiff and Its Counsel's Violations of the CMSO, Local Rule 9.07(b), and Fla. Stat. Sec. 44.405(1) By Filing Motion to Enforce Settlement. Motion Hearing set for 9/18/2020 at 1:00 PM before Magistrate Judge Embry J. Kidd; Zoom ID and password provided by email; Members of the press and public who wish to attend remote hearings must use the web form on the court's internet site: https:// www.flmd.uscourts.gov/webforms/request-remote-access-courtroom-proceedings-press-and-public. (PML) ctp
Sep 4, 2020 76 Response in Opposition to Motion (21)
Docket Text: RESPONSE in Opposition re [73] MOTION for Sanctions for Plaintiff and Its Counsel's Violations of the CMSO, Local Rule 9.07(b), and Fla. Stat. Sec. 44.405(1) By Filing Motion to Enforce Settlement filed by JCS Industries LLC. (Boomershine, Stephanie)
Aug 31, 2020 N/A Order on Motion to Stay (0)
Docket Text:ENDORSED ORDER granting [74] Motion to Stay. CMSO deadlines are continued until 30 days after resolution of the pending Motion to Enforce settlement. Signed by Judge Roy B. Dalton, Jr. on 8/31/2020. (Dalton, Jr., Roy)
Aug 28, 2020 74 Motion to Stay (9)
Docket Text: Unopposed MOTION to Stay Proceedings Temporarily by JCS Industries LLC. (Boomershine, Stephanie)
Aug 21, 2020 73 Motion for Sanctions (26)
Docket Text: MOTION for Sanctions for Plaintiff and Its Counsel's Violations of the CMSO, Local Rule 9.07(b), and Fla. Stat. Sec. 44.405(1) By Filing Motion to Enforce Settlement by DesignStein LLC, Bryan Knowlton. (Keough, Shaun)
Aug 10, 2020 N/A Order on Motion to Substitute Attorney (0)
Docket Text:ENDORSED ORDER granting [69] Defendants' Motion to Substitute Attorney. Attorney John W. Zielinski is terminated. The Clerk is directed to remove Mr. Zielinski from the CM/ECF service list. It is unnecessary for NeJame Law, PA to withdraw as counsel in this action because attorneys, not law firms, appear and represent litigants. Signed by Magistrate Judge Embry J. Kidd on 8/10/2020. (JLE)
Aug 6, 2020 N/A Motion for Miscellaneous Relief (0)
Docket Text: **STRICKEN PER ORDER AT [88]** MOTION to Enforce Settlement by JCS Industries LLC. (Attachments: # (1) Exhibit A: Boomershine Declaration)(Boomershine, Stephanie) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/7/2020 (KNC). Modified on 9/23/2020 (KNC).
Aug 4, 2020 70 Notice of appearance (2)
Docket Text: NOTICE of Appearance by Shaun Patrick Keough on behalf of DesignStein LLC, Bryan Knowlton (Keough, Shaun)
Jul 29, 2020 N/A Set/reset scheduling order deadlines - PUBLIC (0)
Docket Text: Reinstate scheduling order deadlines: Discovery due by 8/3/2020, Dispositive motions due by 9/4/2020, Pretrial statement due by 1/27/2021, All other motions due by 1/11/2021, Final Pretrial Conference set for 2/18/2021 at 10:00 AM before Judge Roy B. Dalton, Jr., Jury Trial set for 3/1/2021 before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 8/21/2020. Lead counsel to coordinate dates. (KNC)
Jul 29, 2020 68 Notice (Other) (2)
Docket Text: Clarification Regarding Amended Agreed Motion to Reopen Case by DesignStein LLC, Bryan Knowlton re [67] Order on Motion to Reopen Case (Zielinski, John) Modified on 7/30/2020 (KNC).
Jul 29, 2020 69 Motion to Substitute Attorney (3)
Docket Text: MOTION to Substitute Attorney FOR DEFENDANTS AND WITHDRAWAL OF CURRENT DEFENDANTS' COUNSEL by DesignStein LLC, Bryan Knowlton. (Zielinski, John) Motions referred to Magistrate Judge Embry J. Kidd.
Jul 28, 2020 67 Order on Motion to Reopen Case (2)
Docket Text: ORDER granting [66] Motion to Reopen Case. The Court's Dismissal Order (Doc. 62) is VACATED. The Clerk is DIRECTED to reopen the case. Signed by Judge Roy B. Dalton, Jr. on 7/28/2020. (BIA) (ctp)
Jul 27, 2020 64 Motion to Reopen Case (3)
Docket Text: MOTION to Reopen Case by All Plaintiffs. (Boomershine, Stephanie)
Jul 27, 2020 N/A Order on Motion to Reopen Case (0)
Docket Text: ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) [64] Plaintiff's Motion to Reopen Case. Signed by Judge Roy B. Dalton, Jr. on 7/27/2020. (MT)
Jul 27, 2020 66 Motion to Reopen Case (3)
Docket Text: Amended MOTION to Reopen Case by JCS Industries LLC. (Boomershine, Stephanie)
Jul 14, 2020 63 Patent/Trademark Report (3)
Docket Text: Trademark Report sent to Alexandria, VA. (KNC)
Jul 13, 2020 62 Order dismissing case (2)
Docket Text: ORDER dismissing case re [61] Mediation report. Signed by Judge Roy B. Dalton, Jr. on 7/13/2020. (BIA) (ctp)
Jul 2, 2020 61 Mediation report (2)
Docket Text: MEDIATION report Hearing held on June 26, 2020. Hearing outcome: Settled. (Jernigan, Anna) Modified on 7/2/2020 (KNC).
Jun 18, 2020 60 Notice of mediation conference/hearing (1)
Docket Text: NOTICE of mediation conference/hearing to be held on June 26, 2020 @ 10:00 a.m. before A. Michelle Jernigan. (Jernigan, Anna)
Apr 7, 2020 59 Status report (3)
Docket Text: STATUS report (Joint) concerning the status of mediation by JCS Industries LLC. (Boomershine, Stephanie)
Apr 3, 2020 58 Notice of mediation conference/hearing (2)
Docket Text: Amended NOTICE of mediation conference/hearing to be held on 06/26/2020 at 10:00 am before A. Michelle Jernigan, Esq. (Boomershine, Stephanie) Modified on 4/6/2020 (KNC).
Apr 2, 2020 N/A Set/reset deadlines/hearings-PUBLIC (0)
Docket Text: Set deadlines: Status Report indicating the outcome of Mediation due by 4/10/2020. (KNC)
Apr 1, 2020 57 Order pdf (1)
Docket Text: ORDER: The parties are directed to file a status report indicating the outcome of the mediation no later April 10, 2020. Signed by Judge Roy B. Dalton, Jr. on 4/1/2020. (BIA) (ctp)
Mar 27, 2020 56 Order on Motion to Dismiss (2)
Docket Text: ORDER: Defendants DesignStein LLC and Bryan Knowlton's Counterclaims (Doc. 35) are DISMISSED WITHOUT PREJUDICE. Plaintiff JCS Industries, LLC's Motion to Dismiss Defendants' Counterclaims (Doc. [40]) is DENIED AS MOOT. The Clerk is DIRECTED to terminate DesignStein LLC and Bryan Knowlton as Counterclaimants and JCS Industries, LLC as Counter-Defendant in this action.. Signed by Judge Roy B. Dalton, Jr. on 3/27/2020. (BIA) (ctp)
Mar 26, 2020 55 Notice of voluntary dismissal (1)
Docket Text: NOTICE of voluntary dismissal by DesignStein LLC, Bryan Knowlton (Zielinski, John)
Mar 18, 2020 N/A Set Motion and R&R deadlines/hearings - PUBLIC (0)
Docket Text: Set deadlines as to [40] MOTION to Dismiss Counterclaim . Defendants' Response due by 3/27/2020 (KNC)
Mar 17, 2020 48 Notice (Other) (2)
Docket Text: NOTICE by JCS Industries LLC re [32] Notice of mediation conference/hearing Notice of Cancellation of Mediation (Boomershine, Stephanie)
Mar 17, 2020 49 Notice of appearance (1)
Docket Text: NOTICE of Appearance by John W. Zielinski on behalf of DesignStein LLC (Zielinski, John)
Mar 17, 2020 50 Notice of appearance (1)
Docket Text: NOTICE of Appearance by John W. Zielinski on behalf of Bryan Knowlton (Zielinski, John)
Mar 17, 2020 51 Response to order to show cause (3)
Docket Text: RESPONSE TO ORDER TO SHOW CAUSE re [47] Order to show cause filed by DesignStein LLC, Bryan Knowlton. (Zielinski, John)
Mar 17, 2020 52 Motion for Extension of Time to File Response/Reply (3)
Docket Text: Second MOTION for Extension of Time to File Response/Reply as to [40] MOTION to Dismiss Counterclaim by DesignStein LLC, Bryan Knowlton. (Zielinski, John) Motions referred to Magistrate Judge Embry J. Kidd.
Mar 17, 2020 N/A Order no pdf (0)
Docket Text: ENDORSED ORDER: The Court's March 10, 2020 Order to Show Cause (Doc. [47]) is DISCHARGED in light of Defendants' response (Doc. [51]). Signed by Judge Roy B. Dalton, Jr. on 3/17/2020. (MT)
Mar 17, 2020 N/A Order on Motion for Extension of Time to File Response / Reply (0)
Docket Text: ENDORSED ORDER granting [52] Defendants DesignStein, LLC and Bryan Knowlton's Unopposed Motion to Allow Untimely Response and for Extension of Time to Respond to Plaintiff's Motion to Dismiss Defendants' Counterclaims. Defendants' response is due on or before Friday, March 27, 2020. Signed by Judge Roy B. Dalton, Jr. on 3/17/2020. (MT)
Mar 10, 2020 47 Order to show cause (2)
Docket Text: ORDER: Defendants are ORDERED TO SHOW CAUSE by written response on or before Tuesday, March 17, 2020 why they failed to timely respond. With this response, Defendants are DIRECTED to respond to the Motion. Failure to timely do so may result in the Court granting the Motion as unopposed. Signed by Judge Roy B. Dalton, Jr. on 3/10/2020. (BIA) (ctp)
Mar 5, 2020 45 Order on Motion to Withdraw (2)
Docket Text: ORDER granting [37] Attorneys Cynthia A. Conlin and Jennifer Dawn Reed's Unopposed Motion to Withdraw from Representation of Defendants. Attorneys Cynthia A. Conlin and Jennifer Dawn Reed are terminated. The Clerk is directed to remove the attorneys from the CM/ECF service list.Signed by Magistrate Judge Embry J. Kidd on 3/5/2020. (JLE)
Mar 5, 2020 N/A Order on Motion to Withdraw as Attorney (0)
Docket Text:ENDORSED ORDER denying as moot [44] Attorneys Cynthia A. Conlin and Jennifer Dawn Reed's Renewed Motion to Withdraw from Representation of DesignStein LLC in light of the Order at Docket Entry [45]. Signed by Magistrate Judge Embry J. Kidd on 3/5/2020. (JLE)
Mar 2, 2020 44 Motion to Withdraw as Attorney (4)
Docket Text: Second MOTION for to Withdraw as Attorney by DesignStein LLC. (Conlin, Cynthia) Motions referred to Magistrate Judge Embry J. Kidd.
Feb 17, 2020 42 Motion for Extension of Time to File Response/Reply (4)
Docket Text: MOTION for Extension of Time to File Response/Reply as to [40] MOTION to Dismiss Counterclaim by DesignStein LLC. (Conlin, Cynthia) Motions referred to Magistrate Judge Embry J. Kidd.
Feb 17, 2020 N/A Order on Motion for Extension of Time to File Response / Reply (0)
Docket Text:ENDORSED ORDER granting [42] Motion for Extension of Time. DesignStein LLC may have until and through March 9, 2020, to respond to the motion to dismiss. Signed by Magistrate Judge Embry J. Kidd on 2/17/2020. (Kidd, Embry)
Feb 13, 2020 41 Notice (Other) (1)
Docket Text: NOTICE of providing telephone number by Bryan Knowlton. (Conlin, Cynthia) Modified on 2/13/2020 (RDO).
Feb 9, 2020 40 Main Document (19)
Docket Text: MOTION to Dismiss Counterclaim by JCS Industries LLC. (Attachments: # (1) Exhibit 1)(Boomershine, Stephanie)
Feb 9, 2020 40 Exhibit 1 (8)
Feb 7, 2020 38 Order on Motion to Withdraw (5)
Docket Text: ORDER taking under advisement [37] Unopposed Motion to Withdraw from Representation of Defendants, filed by attorneys Cynthia A. Conlin and Jennifer Dawn Reed. Signed by Magistrate Judge Embry J. Kidd on 2/7/2020. (JLE)
Feb 7, 2020 N/A Order on Motion for Extension of Time to Answer (0)
Docket Text: ORDER granting [36] Plaintiff JCS Industries, LLC's Motion to Extend Time to Answer Defendants' Counterclaim. Plaintiff shall file a response on or before February 10, 2020. Signed by Magistrate Judge Embry J. Kidd on 2/7/2020. (JLE)
Feb 6, 2020 37 Motion to Withdraw (3)
Docket Text: MOTION to Withdraw from representation of Defendant's by All Defendants. (Conlin, Cynthia)
Jan 23, 2020 36 Main Document (5)
Docket Text: MOTION for Extension of Time to File Answer to Counterclaim by JCS Industries LLC. (Attachments: # (1) Exhibit A: Motion to Dismiss)(Boomershine, Stephanie) Modified on 1/24/2020 (BIA).
Jan 23, 2020 36 Exhibit A: Motion to Dismiss (28)
Nov 12, 2019 35 Answer to Complaint (16)
Docket Text: ANSWER and affirmative defenses to Complaint with Jury Demand to [9] Amended Complaint, COUNTERCLAIM against JCS Industries LLC by Bryan Knowlton, DesignStein LLC. (BIA) Modified on 11/12/2019 (BIA).
Nov 11, 2019 34 Answer to amended complaint (16)
Docket Text: **Incorrect Counterclaim Party Selected. Refiled correctly at [35]** ANSWER and affirmative defenses with Jury Demand to [9] Amended Complaint , COUNTERCLAIM against Bryan Knowlton, DesignStein LLC by Bryan Knowlton, DesignStein LLC.(Conlin, Cynthia) Modified on 11/12/2019 (BIA).
Oct 22, 2019 32 Notice of mediation conference/hearing (2)
Docket Text: NOTICE of mediation conference/hearing to be held on March 25, 2020 10:00am before A. Michelle Jernigan. (Boomershine, Stephanie)
Oct 22, 2019 33 Order on Motion to Dismiss / Lack of Jurisdiction (18)
Docket Text: ORDER denying [14] Motion to dismiss for lack of jurisdiction. Signed by Judge Roy B. Dalton, Jr. on 10/22/2019. (ctp) (JLC)
Oct 15, 2019 N/A Order on Motion to Appear Telephonically (0)
Docket Text:ENDORSED ORDER denying without prejudice [30] Motion to Appear Telephonically. The mediation is currently scheduled for March 25, 2020, and the mediation deadline is August 21, 2020. The defendants may seek leave of court to appear telephonically at the mediation if their motion to dismiss is denied or, alternatively, not less than 60 days prior to the scheduled mediation date. Signed by Magistrate Judge Embry J. Kidd on 10/15/2019. (Kidd, Embry)
Oct 14, 2019 30 Motion to Appear Telephonically (5)
Docket Text: First MOTION to Appear Remotely at Mediation Conference with Incorporated Memorandum of Law by All Defendants. (Conlin, Cynthia) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 10/15/2019 (BIA).
Aug 15, 2019 N/A Set/reset scheduling order deadlines - PUBLIC (0)
Docket Text: Set/reset scheduling order deadlines: All other motions due by 1/11/2021 (BIA)
Aug 15, 2019 28 Case Management / FLSA / ADA / Social Security / Scheduling Order (27)
Docket Text: CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/12/2019, Joinder of Parties due by 9/12/2019, Discovery due by 8/3/2020, Dispositive motions due by 9/4/2020, Pretrial statement due by 1/27/2021, All other motions due by 1/11/2021, Plaintiff disclosure of expert report due by 4/30/2020, Defendant disclosure of expert report due by 5/28/2020, Final Pretrial Conference set for 2/18/2021 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Jury Trial set for 3/1/2021 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 8/21/2020. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 8/14/2019. (JLC) Modified on 8/16/2019 to correct All Other Motions Deadline on docket entry (BIA).
Aug 15, 2019 N/A Case Referred to Mediation (0)
Docket Text: CASE REFERRED to Mediation. (BIA)
Jul 25, 2019 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to Magistrate Judge Embry J. Kidd. New case number: 6:19-cv-544-Orl-37EJK. Magistrate Judge Thomas B. Smith no longer assigned to the case. (MAA)
Jul 15, 2019 N/A *Remark (0)
Docket Text: Remark: Doc. [23] has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 7/15/19. (MT)
Jul 12, 2019 22 Notice of a Related Action (2)
Docket Text: NOTICE of pendency of related cases re [21] Order directing compliance, [7] Related case order and track 2 notice per Local Rule 1.04(d) by DesignStein LLC, Bryan Knowlton. Related case(s): no (Conlin, Cynthia)
Jul 12, 2019 23 Certificate of Interested Persons and Corporate Disclosure Statement (3)
Docket Text: CERTIFICATE of interested persons and corporate disclosure statement re [8] Interested persons order by DesignStein LLC, Bryan Knowlton. (Conlin, Cynthia)
Jul 12, 2019 24 Main Document (4)
Docket Text: REPLY to Response to Motion re [14] MOTION to dismiss for lack of personal jurisdiction filed by DesignStein LLC, Bryan Knowlton. (Attachments: # (1) Affidavit Declaration of Defendants)(Conlin, Cynthia)
Jul 12, 2019 24 Affidavit Declaration of Defendants (2)
Jul 12, 2019 25 Case Management Report (11)
Docket Text: CASE MANAGEMENT REPORT. (Boomershine, Stephanie)
Jul 9, 2019 21 Order directing compliance (2)
Docket Text: ORDER directing compliance to Related Case Order [7] and Interested Persons Order [8]. Responses due by 7/12/2019. Signed by Judge Roy B. Dalton, Jr. on 7/8/2019. (ctp)(JLC)
Jul 8, 2019 N/A Set Motion and R&R deadlines/hearings - PUBLIC (0)
Docket Text: Set/reset deadlines as to [14] MOTION to dismiss for lack of personal jurisdiction. Replies due by 7/12/2019. (BIA)
Jul 8, 2019 19 Motion for Leave to File Amicus Brief / Document (3)
Docket Text: Unopposed MOTION for leave to file reply to re [17] Response in Opposition re [14] Motion to dismiss for lack of personal jurisdiction by DesignStein LLC, Bryan Knowlton. (Conlin, Cynthia) Modified on 7/9/2019 (BIA).
Jul 8, 2019 N/A Order on Motion for Leave to File Document (0)
Docket Text:ENDORSED ORDER granting in part and denying in part [19] Motion for Leave to File. On or before Friday, July 12, 2019, Defendants may file a three-page reply. Signed by Judge Roy B. Dalton, Jr. on 7/8/2019. (MT)
Jul 2, 2019 18 Order directing compliance (2)
Docket Text: ORDER directing compliance to Related Case Order [7]. Responses due by 7/12/2019. Signed by Judge Roy B. Dalton, Jr. on 7/1/2019. (ctp)(JLC)
Jun 18, 2019 17 Main Document (17)
Docket Text: RESPONSE in Opposition re [14] MOTION to dismiss for lack of personal jurisdiction filed by JCS Industries LLC. (Attachments: # (1) Exhibit A)(Boomershine, Stephanie)
Jun 18, 2019 17 Exhibit A (6)
Jun 11, 2019 N/A Set Motion and R&R deadlines/hearings - PUBLIC (0)
Docket Text: Set/reset deadlines as to [14] MOTION to dismiss for lack of personal jurisdiction. Responses due by 6/18/2019 (BIA)
Jun 11, 2019 16 Order on Motion to Extend Time (1)
Docket Text: ORDER granting [15] Motion to extend time to respond to motion to dismiss. Plaintiff's response due by June 18, 2019. Signed by Magistrate Judge Thomas B. Smith on 6/11/2019. (Smith, Thomas)
Jun 10, 2019 15 Motion to Extend Time (2)
Docket Text: Unopposed MOTION to extend time to respond to Defendants' Motion to Dismiss by JCS Industries LLC. (Boomershine, Stephanie) Motions referred to Magistrate Judge Thomas B. Smith.
May 28, 2019 14 Main Document (22)
Docket Text: MOTION to dismiss for lack of personal jurisdiction by DesignStein LLC, Bryan Knowlton. (Attachments: # (1) Exhibit Declaration of Defendants)(Conlin, Cynthia) Modified on 5/29/2019 (BIA).
May 28, 2019 14 Exhibit Declaration of Defendants (4)
May 10, 2019 13 Waiver of service executed (1)
Docket Text: WAIVER of service returned executed on 05/09/2019 by JCS Industries LLC as to All Defendants. (Boomershine, Stephanie)
Apr 9, 2019 N/A *Remark (0)
Docket Text: Remark: Doc. [11] has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 4/9/19. (PKK)
Apr 8, 2019 10 Notice of a Related Action (2)
Docket Text: NOTICE of pendency of related cases re [7] Related case order and track 2 notice per Local Rule 1.04(d) by JCS Industries LLC. Related case(s): no (Boomershine, Stephanie)
Apr 8, 2019 11 Certificate of Interested Persons and Corporate Disclosure Statement (3)
Docket Text: CERTIFICATE of interested persons and corporate disclosure statement re [8] Interested persons order by JCS Industries LLC. (Boomershine, Stephanie)
Mar 27, 2019 9 Main Document (13)
Docket Text:AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Boomershine, Stephanie)
Mar 27, 2019 9 Exhibit A (2)
Mar 27, 2019 9 Exhibit B (2)
Mar 27, 2019 9 Exhibit C (4)
Mar 25, 2019 7 Related case order and track 2 notice (14)
Docket Text: RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 3/25/2019. (ctp)(JLC)
Mar 25, 2019 8 Interested persons order (3)
Docket Text: INTERESTED PERSONS ORDER. Signed by Deputy Clerk on 3/25/2019. (ctp)(JLC)
Mar 21, 2019 N/A Set/reset deadlines/hearings-PUBLIC (0)
Docket Text: Set/reset deadlines: Amended Complaint due by 3/28/2019 (BIA)
Mar 21, 2019 3 Main Document (1)
Docket Text: Trademark Report sent to Alexandria, VA. (Attachments: # (1) Complaint with Exhibits) (AC)
Mar 21, 2019 3 Complaint with Exhibits (23)
Mar 21, 2019 4 Summons issued (4)
Docket Text: SUMMONS issued as to DesignStein LLC. (AC) Modified on 3/21/2019 (MAA).
Mar 21, 2019 5 Order pdf (3)
Docket Text: ORDER: The Complaint (Doc. [1]) is DISMISSED WITHOUT PREJUDICE. Signed by Judge Roy B. Dalton, Jr. on 3/21/2019. (ctp)(JLC)
Mar 21, 2019 6 Summons issued (2)
Docket Text: SUMMONS issued as to Bryan Knowlton. (MAA)
Mar 20, 2019 1 Main Document (14)
Docket Text:COMPLAINT against All Defendants with Jury Demand (Filing Fee $400, Receipt # 113A-15261331) filed by All Plaintiffs. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C, # (5) Proposed Summons, # (6) Proposed Summons)(Boomershine, Stephanie) Modified on 3/20/2019 to correct docket text (SJB).
Mar 20, 2019 1 Civil Cover Sheet (1)
Mar 20, 2019 1 Exhibit A (2)
Mar 20, 2019 1 Exhibit B (2)
Mar 20, 2019 1 Exhibit C (4)
Mar 20, 2019 1 Proposed Summons (2)
Mar 20, 2019 1 Proposed Summons (2)
Mar 20, 2019 N/A Case Assigned/Reassigned (0)
Docket Text: NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Thomas B. Smith. New case number: 6:19-cv-544-Orl-37TBS. (SJB)
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