Kesner v. Barron's, Inc. et al

Federal Civil Lawsuit Florida Southern District Court, Case No. 0:19-cv-61370-RS
District Judge Rodney Smith, presiding
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District Judge Rodney Smith
Last Updated June 23, 2020 at 3:17 PM EDT (4.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Harvey J. Kesner, Plaintiff

Represented by Law Offices of Robert C Buschel

Name Phone Fax E-Mail
Space Robert C Buschel +1 954 530 5301 +1 954 320 6932 buschel@bglaw-pa.com
v.
No Logo Barron's, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Gregory R. Naron +1 312 876 8000 gregory.naron@dentons.com
Space Kendall Obreza Pfeifer +1 727 289 8154 kpfeifer@shullmanfugate.com

Represented by Dentons (US) LLP

Name Phone Fax E-Mail
Space Jacqueline A, Giannini +1 312 876 8000 jacqui.giannini@dentons.com
Space Natalie Spears +1 312 876 8000 natalie.spears@dentons.com

Represented by shullmanfugate.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Rachel E. Fugate +1 813 935 5098 rfugate@shullmanfugate.com
No Logo Teri Buhl, Defendant
No Logo William "Bill" Alpert, Defendant

Represented by Dentons (US) LLP

Name Phone Fax E-Mail
Space Jacqueline A, Giannini +1 312 876 8000 jacqui.giannini@dentons.com
Space Gregory R. Naron +1 312 876 8000 gregory.naron@dentons.com
Space Natalie Spears +1 312 876 8000 natalie.spears@dentons.com

Represented by shullmanfugate.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Rachel E. Fugate +1 813 935 5098 rfugate@shullmanfugate.com
Space Kendall Obreza Pfeifer +1 727 289 8154 kpfeifer@shullmanfugate.com
Other Parties
No Logo John Salmon, Mediator
Attributes
Office Ft Lauderdale
Filed 5/31/2019
Jury Demand Plaintiff
Demand
Nature of Suit 320 - Personal Injury: Assault Libel & Slander
Cause Section 28 U.S.C. § 1332 Diversity-Libel, Assault, Slander
Jurisdiction Diversity
Disposition Transfer/Remand - Transfer to Another District
County Broward (Office - Ft Lauderdale)
Terminated 5/1/2020
Origin 1
Reopened
Lead Case
None
Related Case
None
Other Court Case None
Defendant Custody Status
Flags AOV,CLOSED,MEDIATION,REF_PTN
Timeline
  Entries (80) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 77 Filed: 5/4/2020, Entered: 5/4/2020 Acknowledgment of Receipt
ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Southern District of New York as case 1:20-cv-03454, filed 05/04/2020. (jua)
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Legal Document 76 Filed: 5/1/2020, Entered: 5/1/2020 Order on Motion to Dismiss / Lack of JurisdictionCourt Filing
ORDER Granting [40] Motion to Transfer Venue. Closing Case. Motions Terminated: [43] MOTION TO DISMISS [36] Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue filed by Barron's, Inc.. Signed by Judge Rodney Smith on 5/1/2020. See attached document for full details. (jbs)
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Blank  Filed: None, Entered: None [[ITALIC]]Description not available[[/ITALIC]]
SYSTEM ENTRY - Case 0:19-cv-61370 electronically transferred out to New York Southern. (jbs)
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Blank 75 Filed: 4/17/2020, Entered: 4/17/2020 Order on motion to compelCourt Filing
PAPERLESS ORDER DENYING AS MOOT [62] Defendant's Motion to Compel (the "Motion"), based upon the parties' representation in [74] the Joint Status Report that Plaintiff has made an initial production of documents and "intends to make additional, rolling document productions" to be completed by April 30, 2020. ECF No. [74] at 2. Accordingly, the hearing scheduled for April 23, 2020 is CANCELLED. In accordance with the Federal and Local Rules, Defendant may seek additional relief related to the Motion, if necessary, after it has had an opportunity to review Plaintiff's production. Signed by Magistrate Judge Alicia O. Valle on 4/17/2020. (sd01)
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Legal Document (Payment Possibly Required) 74 Filed: 4/16/2020, Entered: 4/16/2020 Status report
STATUS REPORT (Joint) by Barron's, Inc. (Attachments: # (1) Exhibit A)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 73 Filed: 4/15/2020, Entered: 4/15/2020 Notice of Supplemental Authority
Notice of Supplemental Authority re [40] MOTION to Dismiss for Lack of Jurisdiction [36] Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert, Barron's, Inc. (Attachments: # (1) Exhibit A) (Fugate, Rachel)
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Blank 72 Filed: 4/9/2020, Entered: 4/9/2020 Order on Motion to Adopt/JoinCourt Filing
PAPERLESS ORDER granting [52] Motion to Join [50] Reply in support of [40] Motion to Dismiss. Signed by Judge Rodney Smith on 4/9/2020. (dco)
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Legal Document (Payment Possibly Required) 71 Filed: 4/9/2020, Entered: 4/9/2020 Scheduling OrderCourt Filing
AMENDED SCHEDULING ORDER: Jury Trial set for 11/23/2020 in Fort Lauderdale Division before Judge Rodney Smith. Calendar Call set for 11/17/2020 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith. Expert Discovery due by 8/14/2020. Fact Discovery due by 7/6/2020. Mediation Deadline 8/31/2020. In Limine Motions due by 10/12/2020. Dispositive Motions due by 8/21/2020. Motions due by 10/12/2020. Pretrial Stipulation due by 10/23/2020. Signed by Judge Rodney Smith on 4/9/2020. See attached document for full details. (dco) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Blank 70 Filed: 4/9/2020, Entered: 4/9/2020 Order on Motion for Extension of Time of Discovery Cutoff DeadlineCourt Filing
PAPERLESS ORDER granting in part [65] Motion for Extension of Time and Deadlines. Separate amended scheduling order to follow. Signed by Judge Rodney Smith on 4/9/2020. (dco)
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Legal Document (Payment Possibly Required) 69 Filed: 4/2/2020, Entered: 4/2/2020 response in opposition to motion
RESPONSE in Opposition re [62] Defendant's MOTION to Compel Plaintiff to Comply with Discovery , Request for Hearing on Discovery and Incorporated Memorandum of Law filed by Harvey J. Kesner. Replies due by 4/9/2020. (Buschel, Robert)
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Blank 68 Filed: 4/1/2020, Entered: 4/2/2020 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Clerks Notice to Filer re [66] Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#67]. It is not necessary to refile this document. (lk)
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Blank 67 Filed: 4/1/2020, Entered: 4/2/2020 Notice of Adoption
Notice of Adoption by William "Bill" Alpert, Barron's, Inc. Related document:[65] Joint MOTION for Extension of Time of Discovery Cutoff Deadline filed by Harvey J. Kesner. See image at DE [66] (lk)
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Legal Document (Payment Possibly Required) 66 Filed: 4/1/2020, Entered: 4/1/2020 Notice - OtherCourt Filing
NOTICE by William "Bill" Alpert, Barron's, Inc. re [65] Joint MOTION for Extension of Time of Discovery Cutoff Deadline MOTION for Extension of Time extend pretrial deadlines re [33] Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, of Defendants' Joinder in Motion to Extend Pretrial Deadlines (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 65 Filed: 4/1/2020, Entered: 4/1/2020, Terminated: 4/9/2020 Motion for Extension of Time of Discovery Cutoff DeadlineCourt Filing
Joint MOTION for Extension of Time of Discovery Cutoff Deadline , MOTION for Extension of Time extend pretrial deadlines re [33] Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, ( Responses due by 4/15/2020) by Harvey J. Kesner. (Attachments: # (1) Affidavit Declaration of Steven S. Biss, # (2) Text of Proposed Order)(Buschel, Robert)
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Legal Document (Payment Possibly Required) 64 Filed: 4/1/2020, Entered: 4/1/2020 Order Setting Hearing on MotionCourt Filing
PAPERLESS ORDER SETTING HEARING ON [62] Defendant's Motion to Compel Plaintiff to Comply with Discovery and related relief (the "Motion"). Based on the undersigned's expedited discovery procedures, Plaintiff's response to the Motion is due by Thursday, April 2, 2020. By Friday, April 10, 2020, the parties are to confer (using video or telephone conferencing) in a good faith effort to resolve the Motion. Further, the Motion is tentatively set for a telephonic hearing on Thursday, April 23, 2020 at 2:00 p.m. In advance of the hearing, the parties must file a Joint Status report by April 16, 2020. The Joint Status Report must set forth the following information for the unresolved issues, including: (i) the verbatim discovery request; (ii) the verbatim discovery response; (iii) a brief summary of each party's position, with one issue per page; and (iv) the result of the parties' conferral. The parties should attempt to group the discovery requests by issue, as appropriate. This information must be presented in chart form as set forth in Exhibit 1. Upon review of the Joint Status Report, the Court will confirm the hearing and telephone dial-in instructions. Signed by Magistrate Judge Alicia O. Valle on 4/1/2020. (sd01)
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Blank  Filed: None, Entered: None set/reset deadlines/hearings
Set/Reset Deadlines/Hearings as per DE [64]: Response due by 4/2/2020. Status Report due by 4/16/2020. (lk)
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Legal Document (Payment Possibly Required) 63 Filed: 3/27/2020, Entered: 3/27/2020 Notice of Mediator Selection and/or Hearing
Joint NOTICE of Mediator Selection and Hearing. Selected/Added John Salmon as Mediator. Mediation Hearing set for 7/23/2020. (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 62 Filed: 3/26/2020, Entered: 3/26/2020, Terminated: 4/17/2020 Motion to Compel
Defendant's MOTION to Compel Plaintiff to Comply with Discovery , Request for Hearing on Discovery and Incorporated Memorandum of Law by Barron's, Inc.. Responses due by 4/9/2020 (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Fugate, Rachel)
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Blank 61 Filed: 3/24/2020, Entered: 3/24/2020 Order on Motion to Adopt/JoinCourt Filing
PAPERLESS ORDER granting [46] Motion to Join [40] Motion to Dismiss. Signed by Judge Rodney Smith on 3/24/2020. (dco)
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Blank 60 Filed: 3/24/2020, Entered: 3/24/2020 Order on Motion to stayCourt Filing
PAPERLESS ORDER denying [55] Motion to Stay Discovery, or in the Alternative, Extension of Pretrial Deadlines. Signed by Judge Rodney Smith on 3/24/2020. (dco)
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Blank 59 Filed: 3/24/2020, Entered: 3/24/2020 Order on Motion for Extension of Time to MediateCourt Filing
PAPERLESS ORDER granting nunc pro tunc [56] Motion for Extension of Time to Set Mediation Date. The deadline for the parties to file a notice of selection of mediator and set a date for mediation is extended to March 27, 2020. Signed by Judge Rodney Smith on 3/24/2020. (dco)
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Legal Document (Payment Possibly Required) 58 Filed: 3/18/2020, Entered: 3/18/2020 Response/Reply (Other)
REPLY to [55] Defendant's MOTION to Stay Discovery, or in the Alternative, Extension of Pretrial Deadlines, and Incorporated Memorandum of Law by William "Bill" Alpert, Barron's, Inc.. (Fugate, Rachel)
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Blank 57 Filed: 3/10/2020, Entered: 3/10/2020 Clerks Notice of Docket Correction and Instruction to Filer - AttorneyCourt Filing
Clerks Notice to Filer re [56] Joint MOTION for Extension of Time to Set Mediation Date re [33] Scheduling Order,,,, Order Referring Case to Magistrate Judge,,,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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Legal Document (Payment Possibly Required) 56 Filed: 3/9/2020, Entered: 3/9/2020, Terminated: 3/24/2020 Motion for Extension of Time to Mediate
Joint Motion for Extension of Time to Mediate /Set Mediation Date by William "Bill" Alpert, Barron's, Inc.. Responses due by 3/23/2020 (Fugate, Rachel) Modified Relief on 3/10/2020 (ls).
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Legal Document (Payment Possibly Required) 55 Filed: 3/2/2020, Entered: 3/2/2020, Terminated: 3/24/2020 Motion To Stay
Defendant's MOTION to Stay Discovery, or in the Alternative, Extension of Pretrial Deadlines, and Incorporated Memorandum of Law by William "Bill" Alpert, Barron's, Inc.. Responses due by 3/16/2020 (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 54 Filed: 1/29/2020, Entered: 1/29/2020 Notice of Supplemental Authority
Notice of Supplemental Authority re [40] MOTION to Dismiss for Lack of Jurisdiction [36] Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law, [43] MOTION TO DISMISS [36] Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by William "Bill" Alpert, Barron's, Inc. (Attachments: # (1) Exhibit A) (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 53 Filed: 1/21/2020, Entered: 1/21/2020 Notification of Ninety Days Expiring
Notification of Ninety Days Expiring by William "Bill" Alpert, Barron's, Inc. re [40] MOTION to Dismiss for Lack of Jurisdiction [36] Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law filed by William "Bill" Alpert, [43] MOTION TO DISMISS [36] Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue filed by Barron's, Inc. (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 52 Filed: 10/21/2019, Entered: 10/22/2019 Motion to Adopt/Join
MOTION to Join [50] Reply Memorandum by Teri Buhl. (ar2)
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Legal Document (Payment Possibly Required) 51 Filed: 10/21/2019, Entered: 10/21/2019 MEMORANDUM
MEMORANDUM in Support re [43] MOTION TO DISMISS [36] Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by Barron's, Inc.. (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 50 Filed: 10/21/2019, Entered: 10/21/2019 MEMORANDUM
MEMORANDUM in Support re [40] MOTION to Dismiss for Lack of Jurisdiction [36] Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert. (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 49 Filed: 10/14/2019, Entered: 10/14/2019 response in opposition to motion
RESPONSE in Opposition re [40] MOTION to Dismiss for Lack of Jurisdiction [36] Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law filed by Harvey J. Kesner. Replies due by 10/21/2019. (Attachments: # (1) Affidavit Declaration of Harvey J. Kessner)(Buschel, Robert)
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Legal Document (Payment Possibly Required) 48 Filed: 10/14/2019, Entered: 10/14/2019 response in opposition to motion
RESPONSE in Opposition re [43] MOTION TO DISMISS [36] Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue filed by Harvey J. Kesner. Replies due by 10/21/2019. (Buschel, Robert)
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Legal Document (Payment Possibly Required) 47 Filed: 9/30/2019, Entered: 10/1/2019 Affidavit in Support of Motion
SWORN DECLARATION of Teri Buhl in Support of [40] Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law filed by Teri Buhl. (ar2)
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Legal Document (Payment Possibly Required) 46 Filed: 9/30/2019, Entered: 10/1/2019 Motion to Adopt/Join
MOTION to Join [40] Motion to Dismiss for Lack of Jurisdiction, or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by Teri Buhl. (ar2)
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Legal Document (Payment Possibly Required) 45 Filed: 9/30/2019, Entered: 9/30/2019 Affidavit
AFFIDAVIT signed by : Natalie J. Spears. re [43] MOTION TO DISMISS [36] Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by Barron's, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 44 Filed: 9/30/2019, Entered: 9/30/2019 Affidavit
AFFIDAVIT signed by : Rachel E. Fugate. re [43] MOTION TO DISMISS [36] Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by Barron's, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 43 Filed: 9/30/2019, Entered: 9/30/2019, Terminated: 5/1/2020 Motion to Dismiss for Failure to State a Claim
MOTION TO DISMISS [36] Amended Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, and Joinder in Joint Motion of All Defendants to Dismiss for Improper Venue or to Transfer Venue by Barron's, Inc.. Responses due by 10/15/2019 (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 42 Filed: 9/30/2019, Entered: 9/30/2019 Affidavit
AFFIDAVIT signed by : William Alpert. re [40] MOTION to Dismiss for Lack of Jurisdiction [36] Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 41 Filed: 9/30/2019, Entered: 9/30/2019 Affidavit
AFFIDAVIT signed by : Bob Rose. re [40] MOTION to Dismiss for Lack of Jurisdiction [36] Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 40 Filed: 9/30/2019, Entered: 9/30/2019, Terminated: 5/1/2020 Motion to Dismiss
MOTION to Dismiss for Lack of Jurisdiction [36] Amended Complaint , or in the Alternative, Joint Motion With All Defendants to Dismiss for Improper Venue or Transfer, and Incorporated Memorandum of Law by William "Bill" Alpert. Responses due by 10/15/2019 (Fugate, Rachel)
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Blank 39 Filed: 9/23/2019, Entered: 9/23/2019 Order on motion for clarificationCourt Filing
PAPERLESS ORDER granting [38] Motion for Clarification. As first instructed in the Court's [33] September 6, 2019 Scheduling Order, and as reminded in the Court's [37] September 16, 2019 Order, "multiple Plaintiffs or Defendants shall file joint dispositive motions with co-parties, unless there are clear conflicts of positions or grounds for relief." As it pertains to responses to the [36] Amended Complaint, Defendant Buhl is permitted to file a responsive motion separately from Defendants Dow Jones and Company, Inc. and Bill Alpertto so long as there are indeed "clear conflicts of positions or grounds for relief." However, if there are no such conflicts of position or grounds for relief, defense counsel is expected to confer with pro se Defendant in order to draft and submit a joint motion with their co-party. Signed by Judge Rodney Smith on 9/23/2019. (dco)
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Legal Document (Payment Possibly Required) 38 Filed: 9/19/2019, Entered: 9/19/2019, Terminated: 9/23/2019 Motion for Clarification
MOTION for clarification [37] Order on Motion to Change Venue,, Order on Motion to Dismiss,, Order on Motion to Dismiss for Failure to State a Claim, by William "Bill" Alpert, Barron's, Inc.. Responses due by 10/3/2019 (Fugate, Rachel)
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Blank 37 Filed: 9/17/2019, Entered: 9/17/2019 Order on Motion to Change VenueCourt Filing
PAPERLESS ORDER denying as moot [19] [21] [24] Motions to Dismiss, in light of the filing of the [36] Amended Complaint.The parties are reminded that, going forward, multiple Plaintiffs or Defendants must file joint dispositive motions with co-parties unless there are clear conflicts of positions or grounds for relief. Signed by Judge Rodney Smith on 9/17/2019. (dco)
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Legal Document (Payment Possibly Required) 36 Filed: 9/16/2019, Entered: 9/16/2019 Amended Complaint
AMENDED COMPLAINT against Harvey J. Kesner, filed by Harvey J. Kesner.(Buschel, Robert)
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Blank  Filed: None, Entered: None set/reset deadlines/hearings
Set/Reset Deadlines/Hearings as per DE [33]: In Limine Motions due by 10/12/2020. (lk)
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Blank 35 Filed: 9/6/2019, Entered: 9/6/2019 Order on Motion for Extension of Time to File Response/Reply/AnswerCourt Filing
PAPERLESS ORDER granting [31] Motion for Extension of Time. Defendants' Replies in support of their [21] [24] Motions to Dismiss are due by no later than September 19, 2019. Replies due by 9/19/2019. Signed by Judge Rodney Smith on 9/6/2019. (dco)
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Legal Document (Payment Possibly Required) 34 Filed: 9/6/2019, Entered: 9/6/2019 Order referring case to mediationCourt Filing
ORDER OF REFERRAL TO MEDIATION. Mediator Selection Deadline 3/9/2020. Mediation Deadline 8/31/2020. Signed by Judge Rodney Smith on 9/6/2019. See attached document for full details. (dco)
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Legal Document (Payment Possibly Required) 33 Filed: 9/6/2019, Entered: 9/6/2019 Scheduling OrderCourt Filing
SCHEDULING ORDER: ( Jury Trial set for 11/9/2020 in Fort Lauderdale Division before Judge Rodney Smith., Calendar Call set for 11/3/2020 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith., Amended Pleadings due by 10/7/2019., Expert Discovery due by 6/15/2020., Fact Discovery due by 5/4/2020., Joinder of Parties due by 10/7/2019., Mediation Deadline 8/31/2020., Dispositive Motions due by 6/22/2020., Motions due by 10/12/2020., Pretrial Stipulation due by 10/12/2020.), ORDER REFERRING CASE to the Honorable Alicia O. Valle, United States Magistrate Judge, for non-dispositive pretrial motions. Signed by Judge Rodney Smith on 9/6/2019. (dco) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified on 9/17/2019 (pm).
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Legal Document (Payment Possibly Required) 32 Filed: 9/6/2019, Entered: 9/6/2019 Consent to Jurisdiction by U.S. Magistrate Judge
Joint Election to Jurisdiction for Final Disposition of Motions . Filed by William "Bill" Alpert, Barron's, Inc. (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 31 Filed: 9/6/2019, Entered: 9/6/2019, Terminated: 9/6/2019 Motion for Extension of Time to File Response/Reply/Answer
Unopposed MOTION for Extension of Time to File Response/Reply/Answer in Further Support of Their Motions to Dismiss by William "Bill" Alpert, Barron's, Inc.. (Attachments: # (1) Text of Proposed Order Proposed Order)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 30 Filed: 9/6/2019, Entered: 9/6/2019 Consent to Jurisdiction by U.S. Magistrate JudgeCourt Filing
Plaintiff's Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Harvey J. Kesner (Buschel, Robert)
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Legal Document (Payment Possibly Required) 29 Filed: 9/6/2019, Entered: 9/6/2019 SCHEDULING REPORT - Rule 26(f)/16.1
Joint SCHEDULING REPORT - Rule 26(f) by Harvey J. Kesner (Attachments: # (1) Text of Proposed Order)(Buschel, Robert)
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Legal Document (Payment Possibly Required) 28 Filed: 8/27/2019, Entered: 8/27/2019 Notice - Other
NOTICE by Barron's, Inc. re [26] Affidavit, NOTICE OF CORRECTED FILING (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F) (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 27 Filed: 8/27/2019, Entered: 8/27/2019 Certificate of Other Affiliates/Corporate Disclosure Statement
Corporate Disclosure Statement by Barron's, Inc. identifying Corporate Parent Dow Jones & Company, Inc. for Barron's, Inc. (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 26 Filed: 8/26/2019, Entered: 8/26/2019 Affidavit
AFFIDAVIT signed by : Natalie J. Spears. re [24] Defendant's MOTION TO DISMISS [1] Complaint, FOR FAILURE TO STATE A CLAIM , or for Improper Venue, or in the Alternative to Transfer Venue, and Incorporated Memorandum of Law by Barron's, Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 25 Filed: 8/26/2019, Entered: 8/26/2019 Affidavit
AFFIDAVIT signed by : Rachel E. Fugate. re [24] Defendant's MOTION TO DISMISS [1] Complaint, FOR FAILURE TO STATE A CLAIM , or for Improper Venue, or in the Alternative to Transfer Venue, and Incorporated Memorandum of Law by Barron's, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 24 Filed: 8/26/2019, Entered: 8/26/2019, Terminated: 9/17/2019 Motion to Dismiss for Failure to State a Claim
Defendant's MOTION TO DISMISS [1] Complaint, FOR FAILURE TO STATE A CLAIM , or for Improper Venue, or in the Alternative to Transfer Venue, and Incorporated Memorandum of Law by Barron's, Inc.. Responses due by 9/9/2019 (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 23 Filed: 8/26/2019, Entered: 8/26/2019 Affidavit
AFFIDAVIT signed by : William Alpert. re [21] Defendant's MOTION to Dismiss [1] Complaint, or in the Alternative, to Transfer and Incorporated Memorandum of Law by William "Bill" Alpert (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 22 Filed: 8/26/2019, Entered: 8/26/2019 Affidavit
AFFIDAVIT signed by : Bob Rose. re [21] Defendant's MOTION to Dismiss [1] Complaint, or in the Alternative, to Transfer and Incorporated Memorandum of Law by William "Bill" Alpert (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 21 Filed: 8/26/2019, Entered: 8/26/2019, Terminated: 9/17/2019 Motion to Dismiss
Defendant's MOTION to Dismiss [1] Complaint, or in the Alternative, to Transfer and Incorporated Memorandum of Law by William "Bill" Alpert. Responses due by 9/9/2019 (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 20 Filed: 8/26/2019, Entered: 8/26/2019 Affidavit in Support of Motion
Sworn Declaration of Teri Buhl in Support of [19] Alternative Motion to Transfer Venue filed by Teri Buhl. (ar2)
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Legal Document (Payment Possibly Required) 19 Filed: 8/26/2019, Entered: 8/26/2019, Terminated: 9/17/2019 motion to change venue
ALTERNATIVE MOTION to Transfer Venue and Memorandum of Law by Teri Buhl. Responses due by 9/9/2019 (ar2)
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Blank 18 Filed: 8/23/2019, Entered: 8/23/2019 Order on Motion to appear pro hac viceCourt Filing
PAPERLESS ORDER granting [15] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Natalie J. Spears. Signed by Judge Rodney Smith on 8/23/2019. (dco)
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Blank 17 Filed: 8/23/2019, Entered: 8/23/2019 Order on Motion to appear pro hac viceCourt Filing
PAPERLESS ORDER granting [14] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Gregory R. Naron. Signed by Judge Rodney Smith on 8/23/2019. (dco)
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Blank 16 Filed: 8/23/2019, Entered: 8/23/2019 Order on Motion to appear pro hac viceCourt Filing
PAPERLESS ORDER granting [13] Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jacqueline A. Giannini. Signed by Judge Rodney Smith on 8/23/2019. (dco)
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Legal Document (Payment Possibly Required) 15 Filed: 8/23/2019, Entered: 8/23/2019, Terminated: 8/23/2019 Motion to Appear Pro Hac Vice
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Natalie J. Spears. Filing Fee $ 75.00 Receipt # 113C-11928918 by William "Bill" Alpert, Barron's, Inc.. Responses due by 9/6/2019 (Attachments: # (1) Text of Proposed Order)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 14 Filed: 8/23/2019, Entered: 8/23/2019, Terminated: 8/23/2019 Motion to Appear Pro Hac Vice
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory R. Naron. Filing Fee $ 75.00 Receipt # 113C-11928892 by William "Bill" Alpert, Barron's, Inc.. Responses due by 9/6/2019 (Attachments: # (1) Text of Proposed Order)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 13 Filed: 8/23/2019, Entered: 8/23/2019, Terminated: 8/23/2019 Motion to Appear Pro Hac Vice
Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jacqueline A. Giannini. Filing Fee $ 75.00 Receipt # 113C-11928795 by William "Bill" Alpert, Barron's, Inc.. Responses due by 9/6/2019 (Attachments: # (1) Text of Proposed Order)(Fugate, Rachel)
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Legal Document (Payment Possibly Required) 12 Filed: 8/23/2019, Entered: 8/23/2019 Notice of Attorney Appearance
NOTICE of Attorney Appearance by Kendall Obreza Pfeifer on behalf of William "Bill" Alpert, Barron's, Inc.. Attorney Kendall Obreza Pfeifer added to party William "Bill" Alpert(pty:dft), Attorney Kendall Obreza Pfeifer added to party Barron's, Inc.(pty:dft). (Pfeifer, Kendall)
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Legal Document (Payment Possibly Required) 11 Filed: 8/23/2019, Entered: 8/23/2019 Notice of Attorney Appearance
NOTICE of Attorney Appearance by Rachel Elise Fugate on behalf of William "Bill" Alpert, Barron's, Inc.. Attorney Rachel Elise Fugate added to party William "Bill" Alpert(pty:dft), Attorney Rachel Elise Fugate added to party Barron's, Inc.(pty:dft). (Fugate, Rachel)
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Legal Document (Payment Possibly Required) 10 Filed: 7/24/2019, Entered: 7/24/2019 Order Requiring Joint Scheduling ReportCourt Filing
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT. Joint Scheduling Report due by 9/6/2019. Signed by Judge Rodney Smith on 7/24/2019. See attached document for full details. (dco)
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Legal Document (Payment Possibly Required) 9 Filed: 7/24/2019, Entered: 7/24/2019 waiver of service executed
WAIVER OF SERVICE Returned Executed by Harvey J. Kesner. Teri Buhl waiver sent on 6/27/2019, answer due 8/26/2019. (Buschel, Robert)
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Legal Document (Payment Possibly Required) 8 Filed: 7/10/2019, Entered: 7/10/2019 waiver of service executed
WAIVER OF SERVICE Returned Executed by Harvey J. Kesner. Barron's, Inc. waiver sent on 6/27/2019, answer due 8/26/2019. (Buschel, Robert)
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Legal Document (Payment Possibly Required) 7 Filed: 7/10/2019, Entered: 7/10/2019 waiver of service executed
WAIVER OF SERVICE Returned Executed by Harvey J. Kesner. William "Bill" Alpert waiver sent on 6/27/2019, answer due 8/26/2019. (Buschel, Robert)
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Legal Document (Payment Possibly Required) 6 Filed: 6/19/2019, Entered: 6/19/2019 Certification and Order of Transfer to Magistrate JudgeCourt Filing
CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge Alicia O. Valle added. Magistrate Judge Patrick M. Hunt no longer assigned to case. Signed by Magistrate Judge Patrick M. Hunt on 6/19/2019. See attached document for full details. (bms)
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Legal Document (Payment Possibly Required) 5 Filed: 6/17/2019, Entered: 6/18/2019 Order Reassigning/Transferring CaseCourt Filing
ORDER OF REASSIGNMENT to Judge Rodney Smith for all further proceedings, Judge Robert N. Scola, Jr no longer assigned to case. Signed by Judge Robert N. Scola, Jr on 6/17/2019. See attached document for full details. (yar)
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Legal Document (Payment Possibly Required) 4 Filed: 6/3/2019, Entered: 6/4/2019 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REFERRING CASE to Magistrate Judge Patrick M. Hunt for Discovery and Scheduling Conference matters. Signed by Judge Robert N. Scola, Jr on 6/3/2019. See attached document for full details. (lk)
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Legal Document (Payment Possibly Required) 3 Filed: 5/31/2019, Entered: 5/31/2019 Summons issued
Summons Issued as to William "Bill" Alpert, Barron's, Inc., Teri Buhl. (ar2)
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Blank 2 Filed: 5/31/2019, Entered: 5/31/2019 Clerk's Notice of Judge AssignmentCourt Filing
Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ar2)
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Legal Document (Payment Possibly Required) 1 Filed: 5/31/2019, Entered: 5/31/2019 Complaint
COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-11691634, filed by Harvey Kesner. (Attachments: # (1) Exhibit Letter to Barron's, # (2) Exhibit Letter to Buhl, # (3) Civil Cover Sheet, # (4) Summon(s) Alpert, # (5) Summon(s) Barron's, # (6) Summon(s) Buhl)(Buschel, Robert)
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