Hawkins, et al v. Fust, et al

Federal Civil Lawsuit Florida Middle District Court, Case No. 8:04-cv-00490-JSM-MSS
District Judge James S. Moody, Jr, presiding
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District Judge James S. Moody, Jr
Last Updated March 31, 2017 at 11:50 PM EDT (8.8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Big Games Holdings, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Boston Medical Investors, LLC, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Cinco Habaneros, Inc, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Crown IV Holdings, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo David Otto, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo David W. Badolato, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Diespiter LTDA, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Don Fee, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Everett C. Setser, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Gami LLC, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Harvey Hendler, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Ken Hall, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Kenneth Badolato, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Michael H. Hawkins, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Russell Waggoner, Jr., Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Spartacus Healthcare Partners IV, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
Bannon, Stephen Kevin Bannon, Stephen Kevin, Plaintiff
Officially listed as "Steve Bannon"
Officer/Director, Genius Products, Inc.

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Terry Turner, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
No Logo Tom G. Amon, Plaintiff

Represented by dhaberlaw.com Law Firm Placeholder

Name Phone Fax E-Mail
Space David Brian Haber +1 305 379 2400 +3791 379 379 1106 dhaber@dhaberlaw.com
v.
No Logo Greenberg Traurig, LLP, Defendant
Officially listed as "Greenberg, Traurig, P.A."

Represented by Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA

Name Phone Fax E-Mail
Space Unknown Attorney DHathaway@deanmead.com
Space Darryl M. Bloodworth +1 407 841 1200 +1 407 423 1831 dbloodworth@deanmead.com
Space Nichole M. Mooney +1 407 428 5110 +1 407 423 1831 nmooney@deanmead.com
No Logo Randolph H. Fields, Defendant

Represented by Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, PA

Name Phone Fax E-Mail
Space Unknown Attorney DHathaway@deanmead.com
Space Darryl M. Bloodworth +1 407 841 1200 +1 407 423 1831 dbloodworth@deanmead.com
Space Nichole M. Mooney +1 407 428 5110 +1 407 423 1831 nmooney@deanmead.com
No Logo Sinofresh Healthcare, Inc., Defendant

Represented by Shumaker, Loop & Kendrick, LLP

Name Phone Fax E-Mail
Space Ernest Joseph Marquart +1 813 229 1660 emarquart@slk-law.com
Space Gregory Charles Yadley +1 813 229 7600 +1 813 229 1660 gyadley@slk-law.com

Represented by Shutts & Bowen, LLP

Name Phone Fax E-Mail
Space Alfred Joseph Bennington, Jr. +1 407 418 2356 +4205 420 420 5909 bbennington@shutts.com
Space Mary Ruth Houston +1 407 423 3200 +1 407 425 8316 mhouston@shutts.com
Other Parties
No Logo Alan Graham Greer, Mediator
Attributes
Office Tampa
Filed 2/20/2004
Jury Demand Plaintiff
Demand $0
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Sarasota
Terminated 2/2/2006
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Defendant Custody Status
Flags CLOSED, MSS
Timeline
  Entries (117) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 97 Filed: 2/2/2006, Entered: 2/2/2006 Order on Motion for Miscellaneous ReliefCourt Filing
ORDER Approving Settlement [92] and FINAL JUDGMENT OF DISMISSAL With Prejudice. Clerk is directed to terminate any pending motions and close this file. Signed by Judge James S. Moody Jr. on 2/2/2006. (len)
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Blank 96 Filed: 1/3/2006, Entered: 1/3/2006 Notice canceling hearing
CANCELLATION NOTICE: Pre-Trial Conference scheduled for Friday, 2-3-06, 8:45 a.m., is CANCELLED. Settlement pending. (len)
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Blank 95 Filed: 12/29/2005, Entered: 12/29/2005 Order on motion to dismiss/lack of jurisdictionCourt Filing
ENDORSED ORDER denying as moot [82] Motion to Dismiss for Lack of Jurisdiction. Signed by Judge James S. Moody Jr. on 12/29/2005. (len)
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Blank 94 Filed: 12/29/2005, Entered: 12/29/2005 Order on Motion for Miscellaneous ReliefCourt Filing
ENDORSED ORDER denying as moot [80] Motion for Reconsideraton or Clarification of Order Dated 8-29-05 and to Realign Sinofresh as a Party Plaintiff. Signed by Judge James S. Moody Jr. on 12/29/2005. (len)
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Legal Document (Payment Possibly Required) 93 Filed: 12/29/2005, Entered: 12/29/2005 OrderCourt Filing
ORDER Reinstating Sinofresh as a Party, Directing Notice to Be Given and Setting Date Upon Which Settlement Shall Be Considered. Signed by Judge James S. Moody Jr. on 12/29/2005. (Attachments: #Exhibit 1) (len)
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Legal Document (Payment Possibly Required) 92 Filed: 12/9/2005, Entered: 12/9/2005, Terminated: 2/2/2006 Motion for Miscellaneous Relief
Joint MOTION for court approval of settlement agreement and supporting memorandum of law by Sino Fresh Healthcare, Inc.. (Attachments: # (1) # (2))(Houston, Mary)
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Blank 91 Filed: 10/26/2005, Entered: 10/26/2005 OrderCourt Filing
ENDORSED ORDER granting [90] Notice of Cancellation of Mediation Conference and Request for an Order Extending Deadline for Mediation. MEDIATION shall occur on or before DECEMBER 15, 2005. Signed by Judge James S. Moody Jr. on 10/26/2005. (len)
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Legal Document (Payment Possibly Required) 90 Filed: 10/25/2005, Entered: 10/25/2005 Notice (Other)
NOTICE by Greenberg, Traurig, P.A. of Cancellation of Mediation Conference and Request for an Order Extending Deadline for Mediation (Bloodworth, Darryl)
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Legal Document (Payment Possibly Required) 89 Filed: 9/26/2005, Entered: 9/26/2005 Response in Opposition to Motion
RESPONSE in opposition re [73] MOTION to dismiss Counts I-VI of the Corrected Second Amended Complaint Pursuant to Fla. Stat. Sec. 607.07401(3) filed by Michael H. Hawkins. (Haber, David)
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Legal Document (Payment Possibly Required) 88 Filed: 9/26/2005, Entered: 9/26/2005 Response in Opposition to Motion
RESPONSE in opposition re [82] MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law filed by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Legal Document (Payment Possibly Required) 87 Filed: 9/21/2005, Entered: 9/21/2005 Order scheduling mediation conferenceCourt Filing
ORDER scheduling mediation conference on OCTOBER 26, 2005, before Mediator Alan Graham Greer. Signed by Judge James S. Moody Jr. on 9/21/2005. (len)
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Legal Document (Payment Possibly Required) 86 Filed: 9/19/2005, Entered: 9/19/2005 Notice (Other)
NOTICE by Michael H. Hawkins Notice of Mediator Selection and Scheduling of Mediation (Haber, David)
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Legal Document (Payment Possibly Required) 85 Filed: 9/19/2005, Entered: 9/19/2005 Order referring case to mediationCourt Filing
ORDER REFERRING CASE to mediation and directing selection of a mediator on or before October 19, 2005. Lead counsel David B. Haber to coordinate dates. Mediation shall be conducted on or before January 17, 2006. Signed by Judge James S. Moody Jr. on 9/19/2005. (len)
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Blank 84 Filed: 9/14/2005, Entered: 9/14/2005 Order on motion to extend timeCourt Filing
ENDORSED ORDER granting [81] Defendant Sinofresh Healthcare, Inc.'s Motion to Enlarge Time to File Application for Attorneys' Fees and Costs. Deadline extended to thirty (30) days after the conclusion of this case. Signed by Judge James S. Moody Jr. on 9/14/2005. (len)
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Legal Document (Payment Possibly Required) 83 Filed: 9/13/2005, Entered: 9/13/2005 Response in Opposition to Motion
RESPONSE in opposition re [80] MOTION Reconsideraton or Clarification of Order Dated August 29, 2005 and to Realign Sinofresh as a Party Plaintiff re [79] Order on motion to dismiss,,, and Supporting Memorandum of Law filed by Michael H. Hawkins. (Haber, David)
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Legal Document (Payment Possibly Required) 82 Filed: 9/13/2005, Entered: 9/13/2005, Terminated: 12/29/2005 Motion to Dismiss
MOTION to Dismiss for Lack of Jurisdiction and Supporting Memorandum of Law by Greenberg, Traurig, P.A.. (Bloodworth, Darryl)
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Legal Document (Payment Possibly Required) 81 Filed: 9/12/2005, Entered: 9/12/2005, Terminated: 9/14/2005 Motion to extend time
MOTION to extend time to File Application for Attorneys' Fees and Costs Pursuant to Fla. Stat. Section 607.07401(5) and Supporting Memorandum of Law by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Legal Document (Payment Possibly Required) 80 Filed: 9/8/2005, Entered: 9/8/2005, Terminated: 12/29/2005 Motion for Miscellaneous Relief
MOTION Reconsideraton or Clarification of Order Dated August 29, 2005 and to Realign Sinofresh as a Party Plaintiff re [79] Order on motion to dismiss,,, by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Legal Document (Payment Possibly Required) 79 Filed: 8/29/2005, Entered: 8/29/2005 Order on Motion to DismissCourt Filing
ORDER: Defendant SinoFresh HealthCare, Inc.'s Motion to Dismiss Counts I - VI of the Corrected Second Amended Complaint [73] is GRANTED IN PART AND DENIED IN PART. Counts III, IV, V, and VI of the Corrected Second Amended Complaint are dismissed with prejudice. Counts I and II of the Corrected Second Amended Complaint are dismissed without prejudice. This matter will proceed on Count VII alone. The Clerk is directed to terminate Defendants Charles Fust, Stacey Maloney Fust, Robert DuPont and Russell R. Lee, III, and Sino Fresh HealthCare, Inc. as parties to this action. Defendants Greenber Traurig, P.A. and Randolph H. Fields shall file and serve a responsive pleading to Count VII of the Corrected Second Amended Complaint within 15 days. Signed by Judge James S. Moody Jr. on 8/29/2005. (len)
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Legal Document (Payment Possibly Required) 78 Filed: 8/19/2005, Entered: 8/19/2005 Status ConferenceCourt Filing
MINUTE ENTRY for proceedings held before Judge James S. Moody Jr.: Status Conference held on 8/19/2005. Court Reporter: Sherrill L. Jackson (smb)
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Legal Document (Payment Possibly Required) 77 Filed: 8/17/2005, Entered: 8/17/2005 Notice (Other)
NOTICE by Michael H. Hawkins re [76] Response to motion Notice of Filing Page 5 Inadvertently Ommitted (Haber, David)
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Legal Document (Payment Possibly Required) 76 Filed: 8/17/2005, Entered: 8/17/2005 Response to motion
RESPONSE to motion re [73] MOTION to dismiss Counts I-VI of the Corrected Second Amended Complaint Pursuant to Fla. Stat. Sec. 607.07401(3) and Supporting Memorandum of Law filed by Michael H. Hawkins. (Haber, David)
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Legal Document (Payment Possibly Required) 75 Filed: 8/9/2005, Entered: 8/9/2005 Order to Show CauseCourt Filing
ORDER TO SHOW CAUSE Re: Plaintiffs' failure to respond to Defendant SinoFresh HealthCare, Inc.'s Motion [73] to Dismiss Counts I - VI of the Corrected Second Amended Complaint. Show Cause Response due by 8/17/2005. Signed by Judge James S. Moody Jr. on 8/9/2005. (len)
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Legal Document (Payment Possibly Required) 74 Filed: 7/1/2005, Entered: 7/1/2005 Response to motion
RESPONSE to motion re [73] MOTION to dismiss Counts I-VI of the Corrected Second Amended Complaint Pursuant to Fla. Stat. Sec. 607.07401(3) and Motion for Extension of Time to File Responsive Pleading filed by Greenberg, Traurig, P.A.. (Bloodworth, Darryl)
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Legal Document (Payment Possibly Required) 73 Filed: 6/21/2005, Entered: 6/21/2005, Terminated: 8/29/2005 Motion to Dismiss
MOTION to dismiss Counts I-VI of the Corrected Second Amended Complaint Pursuant to Fla. Stat. Sec. 607.07401(3) by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Blank 72 Filed: 6/14/2005, Entered: 6/14/2005 Notice of hearingCourt Filing
NOTICE OF HEARING: Status Conference set for FRIDAY, AUGUST 19, 2005, 9:00 AM in Courtroom 13A before Judge James S. Moody Jr. Time reserved: 30 minutes. (len)
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Legal Document (Payment Possibly Required) 71 Filed: 5/19/2005, Entered: 5/19/2005 Notice (Other)
NOTICE by Michael H. Hawkins (Haber, David)
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Legal Document (Payment Possibly Required) 70 Filed: 5/13/2005, Entered: 5/13/2005 Notice (Other)
NOTICE by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee, III re [68] Order to comply with electronic filing (Marquart, Ernest)
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Legal Document (Payment Possibly Required) 69 Filed: 5/12/2005, Entered: 5/12/2005 Notice (Other)
NOTICE by Sino Fresh Healthcare, Inc. of Filing Report of Independent Person (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7) # (8) # (9) # (10) # (11) # (12))(Houston, Mary)
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Legal Document (Payment Possibly Required) 68 Filed: 5/10/2005, Entered: 5/10/2005 Order to comply with electronic filingCourt Filing
ORDER to comply with the administrative procedures regarding electronic filing Re: Attorneys DAVID B. HABER and GREGORY CHARLES YADLEY. Signed by Judge James S. Moody Jr. on 5/10/2005. (len)
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Legal Document (Payment Possibly Required) 67 Filed: 4/8/2005, Entered: 4/8/2005 Order on Motion to Appoint ExpertCourt Filing
ORDER: The Motion of Independent Person to Appoint Professionals [66] is GRANTED. Rutledge Liles, Esquire, is appointed to assist Professor Stuart R. Cohn's investigation. The proposed budget is APPROVED. Mr. Liles shall be compensated by SinoFresh HealthCare, Inc. Signed by Judge James S. Moody Jr. on 4/8/2005. (len)
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Legal Document (Payment Possibly Required) 66 Filed: 3/21/2005, Entered: 3/21/2005, Terminated: 4/8/2005 Motion to Appoint Expert
MOTION to appoint expert and supporting memorandum of law by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Blank 65 Filed: 2/15/2005, Entered: 2/15/2005 Order on motion to extend timeCourt Filing
ENDORSED ORDER granting [64] Joint Motion for Extension of Stay in Order to Allow Independent Person to Complete Investigation. STAY is extended through MAY 30, 2005. Signed by Judge James S. Moody Jr. on 2/15/2005. (len)
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Legal Document (Payment Possibly Required) 64 Filed: 2/11/2005, Entered: 2/11/2005, Terminated: 2/15/2005 Motion to extend time
Joint MOTION to extend time to allow independent person to complete investigation and Supporting Memorandum of Law by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Blank  Filed: None, Entered: None *Remark
REMARK: Per Order entered at Dkt. #59 on 9-10-04, case is STAYED through February 28, 2005. (len)
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Blank  Filed: None, Entered: None *Remark
REMARK: Per Order entered at Dkt. #59 on 9-10-04, case is STAYED through February 28, 2005. (len)
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Blank  Filed: None, Entered: None *Remark
REMARK: Per Dkt. #54, case is STAYED until December 23, 2004. (len)
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Blank 63 Filed: 10/8/2004, Entered: 10/8/2004 Order on Motion for Miscellaneous ReliefCourt Filing
ENDORSED ORDER granting [62] Motion for Approval of Budget Proposed by Independent Person (Professor Stuart R. Cohn). Signed by Judge James S. Moody Jr. on 10/8/2004. (len)
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Legal Document (Payment Possibly Required) 62 Filed: 9/24/2004, Entered: 9/24/2004, Terminated: 10/8/2004 Motion for Miscellaneous Relief
MOTION Approval of Budget re [61] Order on motion to extend time by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Blank 61 Filed: 9/21/2004, Entered: 9/21/2004 Order on motion to extend timeCourt Filing
ENDORSED ORDER granting [60] Motion to extend time to submit proposed budget of independent person. Professor Stuart R. Cohn shall submit his proposed budget by 9/27/2004. Signed by Judge James S. Moody Jr. on 9/21/2004.(nmb)
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Legal Document (Payment Possibly Required) 60 Filed: 9/16/2004, Entered: 9/16/2004, Terminated: 9/21/2004 Motion to extend time
MOTION to extend time to submit budget by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Blank 59 Filed: 9/10/2004, Entered: 9/10/2004 Order on motion to extend timeCourt Filing
ENDORSED ORDER granting [57] Motion to extend time to allow independent person to complete investigation. Signed by Judge James S. Moody Jr. on 9/10/2004. (nmb)
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Legal Document (Payment Possibly Required) 58 Filed: 9/10/2004, Entered: 9/10/2004 OrderCourt Filing
ORDER appointing Stuart P. Cohen as an independent person to serve as investigator. (See Order for details.) Signed by Judge James S. Moody Jr. on 9/10/2004. (len)
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Legal Document (Payment Possibly Required) 57 Filed: 9/7/2004, Entered: 9/7/2004, Terminated: 9/10/2004 Motion to extend time
Joint MOTION to extend time to allow independent person to complete investigation and Supporting Memorandum of Law by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Blank 56 Filed: 8/30/2004, Entered: 8/30/2004 Order on motion to extend timeCourt Filing
ENDORSED ORDER granting [55] Joint Motion for Extension of Time to Submit Proposed Order Appointing Independent Person. Parties shall submit a proposed order appointing an independent person and setting forth the parameters of the investigation by 9/7/2004. Signed by Judge James S. Moody Jr. on 8/30/2004.(NMB)
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Legal Document (Payment Possibly Required) 55 Filed: 8/25/2004, Entered: 8/25/2004, Terminated: 8/30/2004 Motion to extend time
Joint MOTION to extend time to submit Proposed Order Appointing Independent Person and Supporting Memorandum of Law by Sino Fresh Healthcare, Inc.. (Houston, Mary)
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Legal Document (Payment Possibly Required) 54 Filed: 8/5/2004, Entered: 8/5/2004 Order on motion to stayCourt Filing
ORDER granting [40] Motion to stay, granting[40] Motion to appoint expert. The parties are directed to submit a proposed Order within 20 days appointing an agreed-upon person as the investigator and describing the parameters of his/her authority to conduct the investigation and the duty of all parties to cooperate. The proposed Order shall specify a date by which a report should be filed by the investigator. This case is STAYED for a period of 140 days from the date of this Order during which the investigator shall conduct the investigation and file the appropriate report with this Court. Signed by Judge James S. Moody Jr. on 8/5/2004. (len)
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Blank 53 Filed: 7/30/2004, Entered: 7/30/2004 Order on motion for extension of time to answerCourt Filing
ENDORSED ORDER granting [48] Motion for extension of time to answer. Sino Fresh Healthcare, Inc. answer due 8/30/2004. Signed by Judge James S. Moody Jr. on 7/30/2004. (smb)
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Blank 52 Filed: 7/30/2004, Entered: 7/30/2004 Order on motion to extend timeCourt Filing
ENDORSED ORDER granting [50] Motion to extend time to respond to plaintiff's corrected second amended complaint. Signed by Judge James S. Moody Jr. on 7/30/2004. (smb)
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Legal Document (Payment Possibly Required) 51 Filed: 7/26/2004, Entered: 7/26/2004 Certificate of compliance
CERTIFICATE of compliance re [48] MOTION for extension of time to file answer or otherwise plead re [40] Motion to stayMotion to appoint expert, [31] Amended complaint,, [33] Amended complaint, by Sino Fresh Healthcare, Inc.. (Bennington, Alfred)
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Legal Document (Payment Possibly Required) 50 Filed: 7/23/2004, Entered: 7/23/2004, Terminated: 7/30/2004 Motion to extend time
MOTION to extend time to respond to Plaintiffs' corrected second amended complaint, and supporting memorandum of law by Robert Dupont, Charles Fust, Stacey Maloney Fust, Russell R. Lee III. (Marquart, Ernest)
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Legal Document (Payment Possibly Required) 49 Filed: 7/23/2004, Entered: 7/23/2004, Terminated: 2/23/2005 Motion for Extension of Time to File Answer
MOTION for extension of time to file answer or otherwise plead re [48] MOTION for extension of time to file answer or otherwise plead re [40] Motion to stayMotion to appoint expert, [31] Amended complaint,, [33] Amended complaint, Joinder by Randolph H. Fields, Greenberg, Traurig, P.A.. (Bloodworth, Darryl)
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Legal Document (Payment Possibly Required) 48 Filed: 7/23/2004, Entered: 7/23/2004, Terminated: 7/30/2004 Motion for Extension of Time to File Answer
MOTION for extension of time to file answer or otherwise plead re [40] Motion to stayMotion to appoint expert, [31] Amended complaint,, [33] Amended complaint, by Sino Fresh Healthcare, Inc.. (Bennington, Alfred)
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Legal Document (Payment Possibly Required) 47 Filed: 7/8/2004, Entered: 7/12/2004 Response to motion
RESPONSE to motion re [40] Motion to stayMotion to appoint expert filed by Randolph H. Fields, Greenberg, Traurig, P.A. (EEC )
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Legal Document (Payment Possibly Required) 46 Filed: 7/6/2004, Entered: 7/8/2004 Response to motion
RESPONSE by Michael H. Hawkins, Russell Waggoner Jr., Don Fee, Ken Hall, Steve Bannon, David Otto, Tom G. Amon, Everett C. Setser, Terry Turner, Kenneth Badolato, David W. Badolato, Harvey Hendler, Cinco Habaneros, Inc, Diespiter LTDA, Boston Medical, Spartacus Healthcare, GAMI, LLC, Big Games Holdings, Crown IV Holdings to [40-1] motion to stay, [40-2] motion for appointment of person (ag)
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Blank  Filed: None, Entered: None Order
ENDORSED ORDER granting [44-1] unopposed motion to extend time to answer. (Signed by Judge James S. Moody Jr.), ctc (ag)
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Blank  Filed: None, Entered: None Order
ENDORSED ORDER granting [42-1] motion to extend time to respond to motion for stay and appointment of person. ( Signed by Judge James S. Moody Jr. ) ctc (dlg)
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Legal Document (Payment Possibly Required) 45 Filed: 6/30/2004, Entered: 7/1/2004 Notice (Other)
NOTICE of acceptance of service by Russell R. Lee III, Greenberg, Traurig. (eec)
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Legal Document (Payment Possibly Required) 44 Filed: 6/30/2004, Entered: 7/1/2004 Motion for Extension of Time to File Answer
UNOPPOSED MOTION by Randolph H. Fields, Greenberg, Traurig with memorandum in support (unopposed) to extend time to answer (eec)
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Legal Document (Payment Possibly Required) 43 Filed: 6/30/2004, Entered: 7/1/2004 Notice of Appearance
NOTICE of attorney appearance for Randolph H. Fields, Greenberg, Traurig by Darryl M. Bloodworth, Nichole M. Mooney, David P. Hathaway. (eec)
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Legal Document (Payment Possibly Required) 42 Filed: 6/29/2004, Entered: 6/29/2004, Terminated: 7/2/2004 Motion to extend time
MOTION by Michael H. Hawkins, Russell Waggoner Jr., Don Fee, Ken Hall, Steve Bannon, David Otto, Tom G. Amon, Everett C. Setser, Terry Turner, Kenneth Badolato, David W. Badolato, Harvey Hendler, Cinco Habaneros, Inc, Diespiter LTDA, Boston Medical, Spartacus Healthcare, GAMI, LLC, Big Games Holdings, Crown IV Holdings with memorandum in support to extend time to respond to motion for stay and appointment of person (eec)
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Legal Document (Payment Possibly Required) 41 Filed: 6/24/2004, Entered: 6/25/2004 OrderCourt Filing
ORDER granting [36-1] motion for leave to amend [31-1] amended complaint, denying [36-2] motion to extend time to respond to motion to dismiss; granting [39-1] motion for leave to file corrected second amended complaint; denying [35-1] motion for leave to amend the amended complaint, denying [35-2] motion to extend time to respond to motion to dismiss; denying [6-1] motion to dismiss, denying [6-2] motion to compel arbitration; defendant shall file their response to the corrected amended complaint within 30 days. ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Blank  Filed: None, Entered: None Order
ENDORSED ORDER granting [16-1] motion for admission of attorney David B. Haber. ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Legal Document (Payment Possibly Required) 40 Filed: 6/18/2004, Entered: 6/21/2004 Motion to stay
MOTION by Sino Fresh with memorandum in support to stay , and for appointment of person (eec)
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Legal Document (Payment Possibly Required) 39 Filed: 6/18/2004, Entered: 6/21/2004 Motion to Amend/Correct
MOTION by Sino Fresh for leave to file corrected second amended complaint (eec)
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Legal Document (Payment Possibly Required) 38 Filed: 6/18/2004, Entered: 6/21/2004 Response to motion
RESPONSE by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee III to [36-1] motion for leave to amend [31-1] amended complaint. (eec)
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Blank  Filed: None, Entered: None Order
ENDORSED ORDER granting [37-1] motion to extend time to respond to motion for leave to amend. ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Legal Document (Payment Possibly Required) 37 Filed: 6/10/2004, Entered: 6/14/2004 Motion to extend time
MOTION by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee III with memorandum in support to extend time to respond to motion for leave to amend (eec)
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Legal Document (Payment Possibly Required) 36 Filed: 6/7/2004, Entered: 6/8/2004 Motion to Amend/Correct
MOTION by plaintiffs with memorandum in support for leave to amend [31-1] amended complaint , and, alternatively, to extend time to respond to motion to dismiss (eec)
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Legal Document (Payment Possibly Required) 35 Filed: 6/4/2004, Entered: 6/8/2004 Motion to Amend/Correct
MOTION by plaintiffs with memorandum in support for leave to amend the amended complaint , and, alternatively, to extend time to respond to motion to dismiss (eec)
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Legal Document (Payment Possibly Required) 34 Filed: 6/4/2004, Entered: 6/8/2004 Notice (Other)
NOTICE of filing motion for leave to amend by plaintiffs. (eec)
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Amended Complaint with OCR 33 Filed: 6/3/2004, Entered: 6/4/2004 Amended Complaint
CORRECTED AMENDED COMPLAINT by plaintiffs amending [31-1] amended complaint; Answer due 6/16/04 for Greenberg, Traurig, for Randolph H. Fields, for Sino Fresh, for Russell R. Lee III, for Robert Dupont, for Stacey Maloney Fust, for Charles Fust; jury demand. (eec)
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Legal Document (Payment Possibly Required) 32 Filed: 6/1/2004, Entered: 6/1/2004 Case management and scheduling orderCourt Filing
CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 10/1/04; Discovery cutoff 10/3/05; dispositive motion filing deadline for 11/1/05 Pretrial conference for 8:45 2/3/06; Scheduled for Magistrate Judge Mary S. Scriven ( signed by Judge James S. Moody Jr. ) ctc (eec)
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Blank  Filed: None, Entered: None Set/reset deadlines/hearings
DEADLINE updated: jury trial for 3/6/06 scheduled for Judge James S. Moody Jr. (eec)
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Legal Document (Payment Possibly Required) 31 Filed: 5/26/2004, Entered: 5/27/2004 Amended Complaint
SECOND AMENDED COMPLAINT by plaintiffs amending [4-1] amended complaint; Answer due 6/14/04 for Sino Fresh, for Russell R. Lee III, for Robert Dupont, for Stacey Maloney Fust, for Charles Fust; adding Randolph H. Fields, Greenberg, Traurig; jury demand. (eec)
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Legal Document (Payment Possibly Required) 30 Filed: 5/25/2004, Entered: 5/26/2004 Case Management Report
CASE MANAGEMENT REPORT. (eec)
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Legal Document (Payment Possibly Required) 29 Filed: 5/18/2004, Entered: 5/19/2004 Notice (Other)
NOTICE of withdraw of motion to compel arbitration by Sino Fresh. (eec)
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Legal Document (Payment Possibly Required) 28 Filed: 5/14/2004, Entered: 5/17/2004 Notice (Other)
NOTICE of withdrawal of motion to compel arbitration by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee III. (eec)
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Blank  Filed: None, Entered: None Order
ENDORSED ORDER granting [27-1] motion to substitute attorney; Added Ernest Joseph Marquart, Gregory Charles Yadley. ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Legal Document (Payment Possibly Required) 27 Filed: 5/11/2004, Entered: 5/12/2004 Motion to Substitute Attorney
MOTION by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee III to substitute attorney (jlg)
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Legal Document (Payment Possibly Required) 26 Filed: 5/11/2004, Entered: 5/12/2004 OrderCourt Filing
ORDER granting in part, denying in part [25-1] motion to extend time to comply with Local Rule 3.05 ( Signed by Judge James S. Moody Jr. ) ctc (jlg)
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Legal Document (Payment Possibly Required) 25 Filed: 5/3/2004, Entered: 5/4/2004 Motion to extend time
MOTION by plaintiffs with memorandum in support to extend time to comply with Local Rule 3.05 , and to extend time to withdraw as counsel (eec)
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Blank  Filed: None, Entered: None Order
ENDORSED ORDER denying as moot [23-1] amended agreed motion to extend time to respond to motion to dismiss and to compel arbitration. ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Legal Document (Payment Possibly Required) 24 Filed: 4/30/2004, Entered: 5/3/2004 OrderCourt Filing
ORDER granting in part, denying in part [20-1] agreed motion to extend time to respond to motion to dismiss and motion to compel arbitration; response to motion set to 5/26/04 for [6-1] motion to dismiss, for [6-2] motion to compel arbitration ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Blank  Filed: None, Entered: None Order
ENDORSED ORDER granting [21-1] unopposed motion to substitute attorney Alfred J. Bennington, Jr. in place of David S. Oliver; terminated attorney David S. Oliver for Sino Fresh, for Russell R. Lee, for Robert Dupont, for Stacey Maloney Fust, for Charles Fust; added Alfred J. Bennington Jr., Mary Ruth Houston. ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Legal Document (Payment Possibly Required) 23 Filed: 4/28/2004, Entered: 4/29/2004 Motion to extend time
AGREED MOTION by plaintiffs with memorandum in support to extend time to respond to motion to dismiss and to compel arbitration (agreed) (eec)
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Legal Document (Payment Possibly Required) 22 Filed: 4/28/2004, Entered: 4/28/2004 Response in Opposition to Motion
EMERGENCY RESPONSE by Sino Fresh in opposition to [20-1] agreed motion to extend time to respond to motion to dismiss and motion to compel arbitration. (eec)
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Legal Document (Payment Possibly Required) 21 Filed: 4/28/2004, Entered: 4/28/2004, Terminated: 4/29/2004 Motion to Substitute Attorney
UNOPPOSED MOTION by Sino Fresh to substitute attorney Alfred J. Bennington, Jr. in place of David S. Oliver (unopposed) (eec)
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Legal Document (Payment Possibly Required) 20 Filed: 4/27/2004, Entered: 4/28/2004 Motion to extend time
AGREED MOTION by plaintiffs with memorandum in support to extend time to respond to motion to dismiss and motion to compel arbitration (agreed) (eec)
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Blank  Filed: None, Entered: None Order
ENDORSED ORDER granting [15-1] amended motion to extend time to respond to motion to dismiss and to compel; response to motion set to 4/26/04 for [6-1] motion to dismiss, for [6-2] motion to compel arbitration ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Legal Document (Payment Possibly Required) 19 Filed: 4/9/2004, Entered: 4/12/2004 Response to motion
RESPONSE by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee III, Sino Fresh to [15-1] amended motion to extend time to respond to motion to dismiss and to compel. (eec)
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Legal Document (Payment Possibly Required) 18 Filed: 4/9/2004, Entered: 4/12/2004 Notice of Appearance
NOTICE of attorney appearance for Michael H. Hawkins, Russell Waggoner Jr., Don Fee, Ken Hall, Steve Bannon, David Otto, Tom G. Amon, Everett C. Setser, Terry Turner, Kenneth Badolato, David W. Badolato, Harvey Hendler, Cinco Habaneros, Inc, Diespiter LTDA, Boston Medical, Spartacus Healthcare, GAMI, LLC, Big Games Holdings, Crown IV Holdings by James E. Aker. (eec)
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Legal Document (Payment Possibly Required) 17 Filed: 4/7/2004, Entered: 4/7/2004 Response to order to show cause
RESPONSE to show cause order filed by plaintiff Michael H. Hawkins, plaintiff Russell Waggoner Jr., plaintiff Don Fee, plaintiff Ken Hall, plaintiff Steve Bannon, plaintiff David Otto, plaintiff Tom G. Amon, plaintiff Everett C. Setser, plaintiff Terry Turner, plaintiff Kenneth Badolato, plaintiff David W. Badolato, plaintiff Harvey Hendler, plaintiff Cinco Habaneros, Inc, plaintiff Diespiter LTDA, plaintiff Boston Medical, plaintiff Spartacus Healthcare, plaintiff GAMI, LLC, plaintiff Big Games Holdings, plaintiff Crown IV Holdings. (eec)
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Legal Document (Payment Possibly Required) 16 Filed: 4/7/2004, Entered: 4/7/2004, Terminated: 6/24/2004 Motion for Miscellaneous Relief
MOTION by Michael H. Hawkins, Russell Waggoner Jr., Don Fee, Ken Hall, Steve Bannon, David Otto, Tom G. Amon, Everett C. Setser, Terry Turner, Kenneth Badolato, David W. Badolato, Harvey Hendler, Cinco Habaneros, Inc, Diespiter LTDA, Boston Medical, Spartacus Healthcare, GAMI, LLC, Big Games Holdings, Crown IV Holdings for admission of attorney David B. Haber (eec)
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Legal Document (Payment Possibly Required) 15 Filed: 4/6/2004, Entered: 4/6/2004, Terminated: 4/14/2004 Motion to extend time
AGREED AMENDED MOTION amending [12-1] motion (amended) to extend time to respond to motion to dismiss and to compel by Michael H. Hawkins, Russell Waggoner Jr., Don Fee, Ken Hall, Steve Bannon, David Otto, Tom G. Amon, Everett C. Setser, Terry Turner, Kenneth Badolato, David W. Badolato, Harvey Hendler, Cinco Habaneros, Inc, Diespiter LTDA, Boston Medical, Spartacus Healthcare, GAMI, LLC, Big Games Holdings, Crown IV Holdings. (eec) Modified on 04/06/2004
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Legal Document (Payment Possibly Required) 14 Filed: 3/31/2004, Entered: 3/31/2004 OrderCourt Filing
ORDER denying without prejudice [12-1] motion to extend time to respond to motion to dismiss and to compel. ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Legal Document (Payment Possibly Required) 13 Filed: 3/31/2004, Entered: 3/31/2004 Order to Show CauseCourt Filing
ORDER TO SHOW cause: Response due on 4/14/04 for Crown IV Holdings, for Big Games Holdings, for GAMI, LLC, for Spartacus Healthcare, for Boston Medical, for Diespiter LTDA, for Cinco Habaneros, Inc, for Harvey Hendler, for David W. Badolato, for Kenneth Badolato, for Terry Turner, for Everett C. Setser, for Tom G. Amon, for David Otto, for Steve Bannon, for Ken Hall, for Don Fee, for Russell Waggoner Jr., for Michael H. Hawkins. ( Signed by Judge James S. Moody Jr. ) ctc (eec)
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Legal Document (Payment Possibly Required) 12 Filed: 3/23/2004, Entered: 3/24/2004 Motion to extend time
MOTION by Michael H. Hawkins, Russell Waggoner Jr., Don Fee, Ken Hall, Steve Bannon, David Otto, Tom G. Amon, Everett C. Setser, Terry Turner, Kenneth Badolato, David W. Badolato, Harvey Hendler, Cinco Habaneros, Inc, Diespiter LTDA, Boston Medical, Spartacus Healthcare, GAMI, LLC, Big Games Holdings, Crown IV Holdings with memorandum in support to extend time to respond to motion to dismiss and to compel (eec)
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Legal Document (Payment Possibly Required) 11 Filed: 3/23/2004, Entered: 3/23/2004 Notice of designation of track 3
NOTICE of designation under Local Rule 3.05 - TRACK 3. (ctc) (eec)
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Legal Document (Payment Possibly Required) 10 Filed: 3/18/2004, Entered: 3/18/2004 Notice (Other)
NOTICE to counsel re: case transfer to Tampa Division. (eec)
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Blank  Filed: None, Entered: None *Remark
All documents filed under the Ft. Myers case number (2:04-cv-95-FtM-29SPC) are scanned under that case number. (eec)
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Blank  Filed: None, Entered: None Motions Referred
MOTION(S) referred: [6-1] motion to dismiss referred to Judge James S. Moody Jr., [6-2] motion to compel arbitration referred to Judge James S. Moody Jr. (eec)
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Blank  Filed: None, Entered: None Magistrate Judge Selection
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Mary S. Scriven. (eec)
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Blank  Filed: None, Entered: None Case Assigned/Reassigned
CASE assigned to Judge James S. Moody Jr. (eec)
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Blank  Filed: None, Entered: None Case Transferred In - Divisional Transfer
Original file and docket sheet received from Fort Myers division. (old case #:2:04-cv-95-FtM-29SPC) (eec)
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Blank  Filed: None, Entered: None Division transfer out
TRANSFER to Tampa division ( new case #: 8:04-CV-490-T-30-MSS) (lap)
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Blank 9 Filed: 3/11/2004, Entered: 3/16/2004 OrderCourt Filing
ORDER transferring case to Tampa Division ( Signed by Judge John E. Steele ctc (lap)
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Blank 9 Filed: 3/11/2004, Entered: 3/12/2004 OrderCourt Filing
ORDER granting [5-1] motion to transfer case ( Signed by Judge John E. Steele ) ctc (lap)
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Blank 8 Filed: 3/10/2004, Entered: 3/12/2004 Certificate of compliance
CERTIFICATE OF COMPLIANCE by Michael H. Hawkins, Russell Waggoner Jr., Don Fee, Ken Hall, Steve Bannon, David Otto, Tom G. Amon, Everett C. Setser, Terry Turner, Kenneth Badolato, David W. Badolato, Harvey Hendler, Cinco Habaneros, Inc, Diespiter LTDA, Boston Medical, Spartacus Healthcare, GAMI, LLC, Big Games Holdings, Crown IV Holdings Re: [2-1] order (lap)
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Blank 7 Filed: 3/5/2004, Entered: 3/9/2004 Answer to amended complaint
ANSWER by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee III, Sino Fresh to [4-1] amended complaint (lap)
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Blank 6 Filed: 3/5/2004, Entered: 3/9/2004 Motion to Dismiss
MOTION by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee III, Sino Fresh with memorandum in support to dismiss , and to compel arbitration (lap)
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Blank 5 Filed: 3/5/2004, Entered: 3/9/2004 Motion to transfer case
MOTION by Charles Fust, Stacey Maloney Fust, Robert Dupont, Russell R. Lee III, Sino Fresh to transfer case (lap)
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Blank 4 Filed: 3/4/2004, Entered: 3/5/2004 Amended Complaint
CLASS ACTION AMENDED COMPLAINT by Michael H. Hawkins, Russell Waggoner Jr., Don Fee, Ken Hall, Steve Bannon, David Otto, Tom G. Amon, Everett C. Setser, Terry Turner, Kenneth Badolato, David W. Badolato, Harvey Hendler, Cinco Habaneros, Inc, Diespiter LTDA, Boston Medical, Spartacus Healthcare, GAMI, LLC, Big Games Holdings, Crown IV Holdings amending [1-1] complaint; jury demand (sll)
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Blank 3 Filed: 2/24/2004, Entered: 2/24/2004 Notice of designation of track 2
NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (kma)
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Blank 2 Filed: 2/24/2004, Entered: 2/24/2004 OrderCourt Filing
INTERESTED PERSONS ORDER ( Signed by Judge John E. Steele ) ctc (kma)
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Blank 1 Filed: 2/20/2004, Entered: 2/23/2004 Complaint
CLASS ACTION COMPLAINT filed; jury demand. Filing fee $150.00 Receipt F004918. (drn)
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Blank  Filed: None, Entered: None Magistrate Judge Selection
MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Sheri Polster Chappell (drn)
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