Sims v. Unation, LLC

Federal Civil Lawsuit Florida Middle District Court, Case No. 8:16-cv-03382
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Last Updated June 2, 2019 at 11:27 PM EDT (5.8 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Aaron Georges, Plaintiff

Represented by Morgan & Morgan, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Marc Reed Edelman +1 813 577 4722 MEdelman@forthepeople.com
No Logo Joseph Conner, III, Plaintiff

Represented by Morgan & Morgan, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Marc Reed Edelman +1 813 577 4722 MEdelman@forthepeople.com
No Logo Severn Sims, Plaintiff

Represented by Morgan & Morgan, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Marc Reed Edelman +1 813 577 4722 MEdelman@forthepeople.com
v.
No Logo George Beardsley, Defendant

Represented by Bajo Cuva, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY John Joseph Agliano +1 813 443 2199 +1 813 443 2193 John.Agliano@bajocuva.com
No Logo Unation, LLC, Defendant

Represented by Bajo Cuva, PA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY John Joseph Agliano +1 813 443 2199 +1 813 443 2193 John.Agliano@bajocuva.com
Attributes
Citation Section 29 U.S.C. § 201
Nature of Suit 710 - Labor: Fair Labor Standards Act
Timeline
  Entries (69) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 67 Filed: 12/18/2018, Entered: None Order Dismissing Case
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Legal Document (Payment Possibly Required) 66 Filed: 12/17/2018, Entered: None Stipulation of Dismissal
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Legal Document (Payment Possibly Required) 64 Filed: 12/13/2018, Entered: None Continue
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Legal Document (Payment Possibly Required) 63 Filed: 12/13/2018, Entered: None Status Report
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Legal Document (Payment Possibly Required) 62 Filed: 12/6/2018, Entered: None Status Report Order
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Legal Document (Payment Possibly Required) 61 Filed: 5/9/2018, Entered: None Order on Motion to continue
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Legal Document (Payment Possibly Required) 60 Filed: 5/7/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 59 Filed: 5/3/2018, Entered: None Stipulation of Dismissal
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Legal Document (Payment Possibly Required) 58 Filed: 5/3/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 57 Filed: 5/2/2018, Entered: None Notice of Voluntary Dismissal
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Legal Document (Payment Possibly Required) 56 Filed: 5/2/2018, Entered: None Continue
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Legal Document (Payment Possibly Required) 55 Filed: 4/10/2018, Entered: None Notice of mediation conference/hearing
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Legal Document (Payment Possibly Required) 54 Filed: 3/14/2018, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 53 Filed: 3/14/2018, Entered: None Answer to Amended Complaint
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Legal Document (Payment Possibly Required) 52 Filed: 2/14/2018, Entered: 2/14/2018 Unknown Document TypeCourt Filing
ORDER: 1. Defendants' Motion to Dismiss Second Amended Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law 43 is GRANTED in part and DENIED in part. Defendants' motion to dismiss Count III of the Second Amended Complaint is GRANTED without prejudice, and Beardsley's motion to dismiss counts IV and V against him is GRANTED. Defendants' motion to dismiss Counts I and II is DENIED with respect to both UNATION and Beardsley, and is DENIED with respect to Counts IV and V against UNATION. 2. Plaintiff is granted leave to file a third amended complaint within FOURTEEN (14) DAYS from the date of this Order, which corrects the deficiencies noted as to Count III. Failure to file a third amended complaint within the time permitted will result in dismissal of Count III with prejudice. Signed by Judge Charlene Edwards Honeywell on 2/14/2018. (BGS)
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Legal Document (Payment Possibly Required) 51 Filed: 8/15/2017, Entered: None Unknown Document TypeCourt Filing
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 5/8/2018, Dispositive motions due by 6/8/2018, Pretrial statement due by 9/18/2018, All other motions due by 9/25/2018, Final Pretrial Conference set for 10/16/2018 at 3:45 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 11/5/2018 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 6/15/2018. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 8/15/2017. (BGS) (Entered: 08/15/2017)
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Legal Document (Payment Possibly Required) 50 Filed: 8/10/2017, Entered: None Unknown Document Type
AMENDED CASE MANAGEMENT REPORT. (Edelman, Marc) Modified text on 8/10/2017 (AG). (Entered: 08/10/2017)
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Legal Document (Payment Possibly Required) 49 Filed: 8/9/2017, Entered: None Unknown Document Type
CASE MANAGEMENT REPORT. (Edelman, Marc) (Entered: 08/09/2017)
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Legal Document (Payment Possibly Required) 48 Filed: 7/26/2017, Entered: 7/26/2017 Unknown Document Type
STATUS report Regarding Settlement /Case Management Report by Aaron Georges, Severn Sims. (Edelman, Marc)
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Legal Document (Payment Possibly Required) 47 Filed: 7/19/2017, Entered: 7/19/2017 Unknown Document TypeCourt Filing
ORDER: The parties shall advise the Court within SEVEN (7) DAYS of the date of this Order as to the status of the settlement conference. Signed by Judge Charlene Edwards Honeywell on 7/19/2017. (BGS)
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Legal Document (Payment Possibly Required) 46 Filed: 7/6/2017, Entered: 7/6/2017 Unknown Document Type
RESPONSE in Opposition re 43 MOTION to Dismiss Second Amended Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law filed by Aaron Georges, Severn Sims. (Edelman, Marc)
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Legal Document (Payment Possibly Required) 45 Filed: 7/3/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 44 Plaintiffs' Motion for Extension of Time to File Response to Motion to Dismiss Second Amended Complaint. Response due by 7/7/2017. Signed by Magistrate Judge Julie S. Sneed on 7/3/2017. (SMC) (Entered: 07/03/2017)
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Legal Document (Payment Possibly Required) 44 Filed: 6/30/2017, Entered: 6/30/2017 Unknown Document TypeCourt Filing
Unopposed MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Dismiss Second Amended Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law by Aaron Georges, Severn Sims. (Edelman, Marc) Motions referred to Magistrate Judge Julie S. Sneed.
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Legal Document (Payment Possibly Required) 43 Filed: 6/16/2017, Entered: 6/16/2017 Unknown Document Type
MOTION to Dismiss Second Amended Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law by George Beardsley, Unation, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Agliano, John)
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Legal Document (Payment Possibly Required) 42 Filed: 5/31/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER denying as moot 36 Defendants' Motion to Dismiss Amended Complaint and Demand for Jury Trial and Incorporated Memorandum of Law. Plaintiffs filed a second amended complaint on May 30, 2017 which supersedes the first amended complaint. Signed by Judge Charlene Edwards Honeywell on 5/31/2017. (BGS) (Entered: 05/31/2017)
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Legal Document (Payment Possibly Required) 41 Filed: 5/30/2017, Entered: 5/30/2017 Unknown Document Type
AMENDED COMPLAINT Second against George Beardsley, Unation, LLC with Jury Demand. filed by Severn Sims, Aaron Georges. Related document: 32 Amended Complaint filed by Aaron Georges, Severn Sims.(Edelman, Marc)
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Legal Document (Payment Possibly Required) 40 Filed: 5/26/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 39 Motion for Leave to File. Plaintiffs are granted leave to file a Second Amended Complaint on or before June 2, 2017. Signed by Judge Charlene Edwards Honeywell on 5/26/2017. (Honeywell, C) (Entered: 05/26/2017)
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Legal Document (Payment Possibly Required) 39 Filed: 5/22/2017, Entered: 5/22/2017 Unknown Document Type
Unopposed MOTION for leave to file Complaint Second Amended Complaint by Aaron Georges, Severn Sims. (Attachments: # 1 Exhibit A Second Amended Complaint)(Edelman, Marc)
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Legal Document (Payment Possibly Required) 38 Filed: 5/9/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 37 Unopposed Motion for Extension of Time to File Response to 36 Motion to Dismiss. Response due 5/22/2017. Signed by Magistrate Judge Julie S. Sneed on 5/9/2017. (LBL) (Entered: 05/09/2017)
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Legal Document (Payment Possibly Required) 37 Filed: 5/8/2017, Entered: 5/8/2017 Unknown Document TypeCourt Filing
Unopposed MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Dismiss Amended Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law by Aaron Georges, Severn Sims. (Edelman, Marc) Motions referred to Magistrate Judge Julie S. Sneed.
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Legal Document (Payment Possibly Required) 36 Filed: 4/24/2017, Entered: 4/24/2017 Unknown Document Type
MOTION to Dismiss Amended Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law by All Defendants. (Agliano, John)
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Legal Document (Payment Possibly Required) 35 Filed: 4/10/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 34 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Responses due 4/24/2017. Signed by Magistrate Judge Julie S. Sneed on 4/10/2017. (LBL) (Entered: 04/10/2017)
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Legal Document (Payment Possibly Required) 34 Filed: 4/7/2017, Entered: 4/7/2017 Unknown Document TypeCourt Filing
Unopposed MOTION for Extension of Time to File Response/Reply Defendants Unation, LLC's and George Beardsley's Unopposed Motion for Enlargement of Time to Respnd to Plaintiffs' Amended Complaint and Incorporated Memorandum in Support Thereof by George Beardsley, Unation, LLC. (Agliano, John) Motions referred to Magistrate Judge Julie S. Sneed.
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Legal Document (Payment Possibly Required) 33 Filed: 3/27/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER denying as moot 23 Defendant George Beardsley's Motion to Dismiss Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law. Plaintiffs filed an amended complaint on March 24, 2017, which supersedes the original complaint. Signed by Judge Charlene Edwards Honeywell on 3/27/2017. (BGS) (Entered: 03/27/2017)
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Legal Document (Payment Possibly Required) 32 Filed: 3/24/2017, Entered: 3/24/2017 Unknown Document Type
AMENDED COMPLAINT against George Beardsley, Unation, LLC with Jury Demand. filed by Severn Sims, Aaron Georges. Related document: 1 Complaint filed by Aaron Georges, Severn Sims, Joseph Conner, III.(Edelman, Marc)
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Legal Document (Payment Possibly Required) 31 Filed: 3/10/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 30 Plaintiff's Unopposed Motion for Leave to File Amended Complaint and Supporting Memorandum of Law. As leave to amend should be freely given, when justice so requires, Plaintiffs are granted leave to file an Amended Complaint on or before March 24, 2017. Signed by Judge Charlene Edwards Honeywell on 3/10/2017. (BGS) (Entered: 03/10/2017)
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Legal Document (Payment Possibly Required) 30 Filed: 3/9/2017, Entered: 3/9/2017 Unknown Document Type
Unopposed MOTION for leave to file Amended Complaint by Aaron Georges, Severn Sims. (Edelman, Marc)
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Legal Document (Payment Possibly Required) 29 Filed: 3/3/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 28 Motion for Extension of Time to File Response to 23 Motion to Dismiss. Response due on or before March 10, 2017. Signed by Magistrate Judge Julie S. Sneed on 3/3/2017. (SMC) (Entered: 03/03/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 3/3/2017, Entered: 3/3/2017 Unknown Document TypeCourt Filing
Unopposed MOTION to extend time to Respond to Defendant Beardsley's Motion to Dismiss Plaintiffs Complaint by Aaron Georges, Severn Sims. (Edelman, Marc) Motions referred to Magistrate Judge Julie S. Sneed.
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Legal Document (Payment Possibly Required) 27 Filed: 2/16/2017, Entered: 2/16/2017 Unknown Document Type
ANSWER to court interrogatories re: 15 FLSA scheduling order with deadlines by Severn Sims. (Edelman, Marc)
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Legal Document (Payment Possibly Required) 26 Filed: 2/16/2017, Entered: 2/16/2017 Unknown Document Type
ANSWER to court interrogatories re: 15 FLSA scheduling order with deadlines by Aaron Georges. (Edelman, Marc)
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Legal Document (Payment Possibly Required) 25 Filed: 2/13/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 24 Motion for Extension of Time to File Response to 23 Motion to dismiss. Response due by 3/1/2017. Signed by Magistrate Judge Julie S. Sneed on 2/13/2017. (LBL) (Entered: 02/13/2017)
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Legal Document (Payment Possibly Required) 24 Filed: 2/13/2017, Entered: 2/13/2017 Unknown Document TypeCourt Filing
Unopposed MOTION for Extension of Time to File Response/Reply as to 23 MOTION to dismiss for failure to state a claim Defendant George Beardsley's Motion to Dismiss Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law by Aaron Georges, Severn Sims. (Edelman, Marc) Motions referred to Magistrate Judge Julie S. Sneed.
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Legal Document (Payment Possibly Required) 23 Filed: 1/31/2017, Entered: 1/31/2017 Unknown Document Type
MOTION to dismiss for failure to state a claim Defendant George Beardsley's Motion to Dismiss Complaint and Demand for Jury Trial, and Incorporated Memorandum of Law by George Beardsley. (Agliano, John)
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Legal Document (Payment Possibly Required) 22 Filed: 1/30/2017, Entered: 1/30/2017 Unknown Document Type
Defendant UNATION, LLC's ANSWER and affirmative defenses to 1 Complaint and Demand for Jury Trial by Unation, LLC.(Agliano, John)
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Legal Document (Payment Possibly Required) 21 Filed: 1/19/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 20 Unation, LLC's Unopposed Motion for Extension of Time to Respond to Complaint. Response due 1/30/2017. Signed by Magistrate Judge Julie S. Sneed on 1/19/2017. (LBL) (Entered: 01/19/2017)
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Legal Document (Payment Possibly Required) 20 Filed: 1/18/2017, Entered: 1/18/2017 Unknown Document TypeCourt Filing
Unopposed MOTION for Extension of Time to File Answer Defendant Unation, LLC's Unopposed Motion for Additional Enlargement of Time to Respond to Plaintiffs' Complaint, and Incorporated Memorandum in Support Thereof by Unation, LLC. (Agliano, John) Motions referred to Magistrate Judge Julie S. Sneed.
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Legal Document (Payment Possibly Required) 19 Filed: 1/16/2017, Entered: 1/16/2017 Unknown Document Type
RETURN of service executed on January 4, 2017 by Severn Sims, Aaron Georges as to George Beardsley. (Edelman, Marc)
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Legal Document (Payment Possibly Required) 18 Filed: 1/16/2017, Entered: 1/16/2017 Unknown Document Type
RETURN of service executed on December 15, 2016 by Severn Sims, Aaron Georges as to Unation, LLC. (Edelman, Marc)
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Legal Document (Payment Possibly Required) 17 Filed: 1/11/2017, Entered: 1/11/2017 Unknown Document Type
**TERMINATED; COUNSEL IS NOTIFIED TO RE-FILE USING CORRECT EVENT CODE: "SUMMONS RETURNED EXECUTED"** PROOF of service by Aaron Georges, Severn Sims (Edelman, Marc) Modified on 1/12/2017 (RFK).
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Legal Document (Payment Possibly Required) 16 Filed: 1/4/2017, Entered: None Unknown Document TypeCourt Filing
ENDORSED ORDER granting 12 Unopposed Motion for Extension of Time to Respond to Complaint. Unation, LLC's response due 1/18/2017. Signed by Magistrate Judge Julie S. Sneed on 1/4/2017. (LBL) (Entered: 01/04/2017)
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Legal Document (Payment Possibly Required) 15 Filed: 1/4/2017, Entered: 1/4/2017 Unknown Document TypeCourt Filing
FLSA SCHEDULING ORDER. By 01/25/2017 parties shall serve copies upon each other as stated in the order; By 03/15/2017 parties are to meet and confer; Answer to court interrogatories due by 2/15/2017, Settlement Report due by 4/4/2017. Signed by Judge Charlene Edwards Honeywell on 1/4/2017. (BGS)
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Legal Document (Payment Possibly Required) 14 Filed: 1/3/2017, Entered: 1/3/2017 Unknown Document Type
CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order Defendant Unation, LLC's Certificate of Interested Persons and Corporate Disclosure Statement by Unation, LLC. (Agliano, John)
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Legal Document (Payment Possibly Required) 13 Filed: 1/3/2017, Entered: 1/3/2017 Unknown Document Type
NOTICE of pendency of related cases re 4 Related case order and track 2 notice Defendant Unation, LLC's Notice of Pendency of Other Actions per Local Rule 1.04(d) by Unation, LLC. Related case(s): No (Agliano, John)
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Legal Document (Payment Possibly Required) 12 Filed: 1/3/2017, Entered: 1/3/2017 Unknown Document TypeCourt Filing
Unopposed MOTION for Extension of Time to File Answer Defendant Unation, LLC's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Complaint and Incorporated Memorandum in Support Thereof by Unation, LLC. (Agliano, John) Motions referred to Magistrate Judge Julie S. Sneed.
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Legal Document (Payment Possibly Required) 11 Filed: 12/22/2016, Entered: 12/22/2016 Unknown Document Type
NOTICE of consent to join by Aaron Georges, Severn Sims . (Attachments: # 1 Exhibit A -Aaron Georges, # 2 Exhibit B- Severn Sims)(Edelman, Marc)
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Legal Document (Payment Possibly Required) 10 Filed: 12/22/2016, Entered: 12/22/2016 Unknown Document TypeCourt Filing
ORDER: Plaintiff's Notice of Voluntary Dismissal without Prejudice is APPROVED 9 . Plaintiff Joseph Conner III, only, is dismissed, from this action, without prejudice. The Clerk is directed to terminate Plaintiff Joseph Conner III as a party to this case. Signed by Judge Charlene Edwards Honeywell on 12/22/2016. (BGS)
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Legal Document (Payment Possibly Required) 9 Filed: 12/22/2016, Entered: 12/22/2016 Unknown Document Type
NOTICE of voluntary dismissal by Joseph Conner, III (Edelman, Marc)
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Legal Document (Payment Possibly Required) 8 Filed: 12/15/2016, Entered: 12/15/2016 Unknown Document Type
NOTICE of pendency of related cases per Local Rule 1.04(d) by Joseph Conner, III, Aaron Georges, Severn Sims. Related case(s): no (Edelman, Marc)
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Legal Document (Payment Possibly Required) 7 Filed: 12/15/2016, Entered: 12/15/2016 Unknown Document Type
CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Joseph Conner, III, Aaron Georges, Severn Sims. (Edelman, Marc)
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Legal Document (Payment Possibly Required) 6 Filed: 12/15/2016, Entered: 12/15/2016 Unknown Document Type
NOTICE of pendency of related cases per Local Rule 1.04(d) by Joseph Conner, III, Aaron Georges, Severn Sims. Related case(s): no (Edelman, Marc)
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Legal Document (Payment Possibly Required) 5 Filed: 12/15/2016, Entered: 12/15/2016 Unknown Document TypeCourt Filing
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 12/29/2016. Signed by Judge Charlene Edwards Honeywell on 12/15/2016. (WMD)
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Legal Document (Payment Possibly Required) 4 Filed: 12/15/2016, Entered: 12/15/2016 Unknown Document TypeCourt Filing
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 12/29/2016. Signed by Judge Charlene Edwards Honeywell on 12/15/2016. (WMD)
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Legal Document (Payment Possibly Required) 3 Filed: 12/14/2016, Entered: None Summons Issued
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Legal Document (Payment Possibly Required) 3 Filed: 12/12/2016, Entered: None Unknown Document Type
SUMMONS issued as to George Beardsley. (JNB) (Entered: 12/14/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 12/14/2016, Entered: None Summons Issued
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Legal Document (Payment Possibly Required) 2 Filed: 12/12/2016, Entered: None Unknown Document Type
SUMMONS issued as to Unation, LLC. (JNB) (Entered: 12/14/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 12/14/2016, Entered: None Complaint
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Legal Document (Payment Possibly Required) 1 Filed: 12/12/2016, Entered: None Unknown Document Type
COMPLAINT against George Beardsley, Unation, LLC with Jury Demand (Filing fee $ 400 receipt number TPA40654) filed by Severn Sims, Aaron Georges, Joseph Conner, III. (Attachments: # 1 Civil Cover Sheet)(JNB) (Entered: 12/14/2016)
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