C-Mart, Inc. v. Metropolitan Life Insurance Company et al

Federal Civil Lawsuit Missouri Eastern District Court, Case No. 4:13-cv-00052-AGF
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Summary

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Parties
No Logo C-Mart, Inc., Plaintiff

Represented by Anderson & Wanca

Name Phone Fax E-Mail
Space Ryan M Kelly +1 847 368 1500 rkelly@andersonwanca.com
Space Brian John Wanca +1 847 368 1500 +1 847 368 1501 bwanca@andersonwanca.com

Represented by Steward Law Firm, LLC

Name Phone Fax E-Mail
Space John S. Steward +1 314 725 6060 +1 314 862 9895 glaw123@aol.com
v.
No Logo John 1-10 Does, Defendant
Metropolitan Life Insurance Company Metropolitan Life Insurance Company, Defendant

Represented by BUCKLEY AND BUCKLEY, LLC

Name Phone Fax E-Mail
Space Ann E. Buckley +1 314 621 3434 +1 314 621 3485 abuckley@buckleylawllc.com

Represented by Shutts & Bowen, LLP

Name Phone Fax E-Mail
Space Jeffrey Mark Landau +1 305 358 6300 +1 305 381 9982 jlandau@shutts-law.com
Space Daniel Tramel Stabile +1 305 358 6300 +1 305 381 9982 dstabile@shutts.com
Space Francis Augustine Zacherl, III +1 305 347 7305 +3477 347 347 7705 fzacherl@shutts.com
No Logo Scott R Storick, Defendant

Represented by Fawal & Spina

Name Phone Fax E-Mail
Space Howard W. Poznanski +1 561 417 9294 +4179 417 417 9422 howardwpoznanski@bellsouth.net
No Logo Storick Group Co., Defendant
No Logo Storick Group Corporation, Defendant
Attributes
Citation Unknown
Nature of Suit 890 - Other Statutes: Other Statutory Actions
Timeline
  Entries (45) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 45 Filed: 5/31/2013, Entered: None Court Filing
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Metropolitan Life Insurance Company's Motion to Dismiss or Transfer Case to the Southern District of Florida, joined by Storick, (Doc. No. 15) is GRANTED. IT IS FURTHER ORDERED that the Motion of Defendants Storick Group Co., The Storick Group Corporation, and Scott R. Storick to Dismiss Based on Lack of Personal Jurisdiction or Dismiss/Transfer Case to the Southern District of Florida (Doc. No. 31) is GRANTED as to the motion to transfer and DENIED as moot as to the motion to dismiss for lack of personal jurisdiction. IT IS FURTHER ORDERED that this action shall be transferred to the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. § 1404(a). Signed by District Judge Audrey G. Fleissig on 5/31/2013. (NCL) (Entered: 05/31/2013)
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Legal Document (Payment Possibly Required) 44 Filed: 5/20/2013, Entered: None Court Filing
ORDER: IT IS HEREBY ORDERED that Plaintiffs motion (Doc. No. 42) for leave to pursue immediate discovery on non-party Comcast Cable Communications, LLC, is GRANTED with respect to records Plaintiff fears Comcast Cable Communications, LLC, may destroy in the ordinary course of business. Plaintiff shall fashion a subpoena in accordance with Federal Rule of Civil Procedure 45. Signed by District Judge Audrey G. Fleissig on 5/20/2013. (KSH) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 5/14/2013, Entered: None Court Filing
ORDER SETTING RULE 16 CONFERENCE This case is assigned to Track: Standard Joint Scheduling Plan due by 6/14/2013. Rule 16 Conference set for 6/21/2013 10:30 PM before District Judge Audrey G. Fleissig.. Signed by District JudgeAudrey G. Fleissig on 5/14/13. (JWJ) (Entered: 05/14/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 5/10/2013, Entered: None
MOTION for Hearing Rule 16 Conference Regarding Entry of Court Order in Order to Pursue Immediate Third Party Discovery by Plaintiff C-Mart, Inc.. (Attachments: # 1 Attachment Motion and Incorporated Memorandum for Entry of Court Order in Order to Pursue Immediate Third Party Discovery, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Text of Proposed Order)(Wanca, Brian) (Entered: 05/10/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 4/16/2013, Entered: None
Amended MOTION to Certify Class and Request for Status Conference by Plaintiff C-Mart, Inc.. (Wanca, Brian) (Entered: 04/16/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 4/16/2013, Entered: None
REPLY to Response to Motion re 31 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case MOTION to Transfer Case to Southern District of Florida (Supplemental Reply to Supplemental Combined Response (Doc. 38)) filed by Defendants Scott R Storick, Storick Group Co., Storick Group Corporation. (Poznanski, Howard) (Entered: 04/16/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 4/15/2013, Entered: None
REPLY to Response to Motion re 15 MOTION to Dismiss Case or Transfer Case to Southern District of Florida (Supplemental) filed by Defendant Metropolitan Life Insurance Company. (Attachments: # 1 Exhibit A - Plaintiff's Notice of Voluntary Dismissal)(Landau, Jeffrey) (Entered: 04/15/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 4/12/2013, Entered: None
RESPONSE in Opposition re 15 MOTION to Dismiss Case or Transfer Case to Southern District of Florida, 31 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case MOTION to Transfer Case to Southern District of Florida filed by Plaintiff C-Mart, Inc.. (Attachments: # 1 Exhibit 1 - Order on Ntc of Voluntary Dismissal)(Wanca, Brian) (Entered: 04/12/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 3/29/2013, Entered: None
REPLY to Response to Motion re 15 MOTION to Dismiss Case or Transfer Case to Southern District of Florida filed by Defendant Metropolitan Life Insurance Company. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B", # 3 Exhibit "C")(Landau, Jeffrey) (Entered: 03/29/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 3/26/2013, Entered: None
REPLY to Response to Motion re 31 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case MOTION to Transfer Case to Southern District of Florida filed by Defendants Scott R Storick, Storick Group Co., Storick Group Corporation. (Attachments: # 1 Exhibit "A")(Poznanski, Howard) (Entered: 03/26/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 3/19/2013, Entered: None
RESPONSE in Opposition re 15 MOTION to Dismiss Case or Transfer Case to Southern District of Florida, 31 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case MOTION to Transfer Case to Southern District of Florida filed by Plaintiff C-Mart, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Wanca, Brian) (Entered: 03/19/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 3/5/2013, Entered: None Court Filing
Docket Text ORDER Re: 33 Consent Motion for Leave to File a Combined Response to Defendants Multiple Motions to Dismiss/Transfer and For an Extension of Time to File Plaintiffs Combined Response; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on March 5, 2013. (SAA) (Entered: 03/05/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 3/4/2013, Entered: None
Consent MOTION for Leave to FILE A COMBINED RESPONSE TO DEFENDANTS MULTIPLE MOTIONS TO DISMISS/TRANSFER and FOR AN EXTENSION OF TIME TO FILE PLAINTIFFS COMBINED RESPONSE by Plaintiff C-Mart, Inc.. (Steward, John) (Entered: 03/04/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 3/1/2013, Entered: None
MEMORANDUM in Support of Motion re 31 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case MOTION to Transfer Case to Southern District of Florida filed by Defendants Scott R Storick, Storick Group Co., Storick Group Corporation. (Poznanski, Howard) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 3/1/2013, Entered: None
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss Case , MOTION to Transfer Case to Southern District of Florida by Defendants Scott R Storick, Storick Group Co., Storick Group Corporation. (Attachments: # 1 Exhibit "A", # 2 Exhibit "B")(Poznanski, Howard) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 3/1/2013, Entered: None
NOTICE Activity in Florida Lawsuit: by Defendant Metropolitan Life Insurance Company re 15 MOTION to Dismiss Case or Transfer Case to Southern District of Florida (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Buckley, Ann) (Entered: 03/01/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 2/28/2013, Entered: None Court Filing
Docket Text ORDER Re: 28 Motion for Leave to Appear Pro Hac Vice Howard Poznanski by Defendants Scott R Storick, et al.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 28, 2013. (SAA) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 2/28/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Howard Poznanski. The Certificate of Good Standing was attached.(Filing fee $100) by Defendants Scott R Storick, Storick Group Co., Storick Group Corporation. (Attachments: # 1 Certificate of Good Standing)(JWJ) (Entered: 02/28/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 2/19/2013, Entered: None Court Filing
Docket Text ORDER Re: 14 Motion for Extension of Time to File Answer by Defendant Scott R Storick; ORDERED GRANTED. Defendants Storick Group Co., The Storick Group Corp. and Scott R. Storick shall have until April 22, 2013 to respond to Plaintiff's Complaint. Signed by District Judge Audrey G. Fleissig on February 19, 2013. (SAA) (Entered: 02/19/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 2/19/2013, Entered: None Court Filing
Docket Text ORDER Re: 13 Motion for Leave to Appear Pro Hac Vice Brian J. Wanca by Plaintiff C-Mart, Inc.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 19, 2013. (SAA) (Entered: 02/19/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 2/19/2013, Entered: None Court Filing
Docket Text ORDER Re: 22 Motion for Leave to Appear Pro Hac Vice Frank Zacherl by Defendant Metropolitan Life Insurance Company; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 19, 2013. (SAA) (Entered: 02/19/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 2/19/2013, Entered: None Court Filing
Docket Text ORDER Re: 21 Motion for Leave to Appear Pro Hac Vice Jeffrey M. Landau by Defendant Metropolitan Life Insurance Company; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 19, 2013. (SAA) (Entered: 02/19/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 2/19/2013, Entered: None Court Filing
Docket Text ORDER Re: 20 Motion for Leave to Appear Pro Hac Vice Daniel T. Stabile by Defendant Metropolitan Life Insurance Company; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 19, 2013. (SAA) (Entered: 02/19/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 2/15/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Frank Zacherl (Filing fee $100) by Defendant Metropolitan Life Insurance Company. (JWJ) (Entered: 02/15/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 2/15/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Jeffrey M. Landau (Filing fee $100) by Defendant Metropolitan Life Insurance Company. (JWJ) (Entered: 02/15/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 2/15/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Daniel T. Stabile (Filing fee $100) by Defendant Metropolitan Life Insurance Company. (JWJ) (Entered: 02/15/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 2/15/2013, Entered: None Court Filing
Docket Text ORDER Re: 18 Consent Motion for Extension of Time to File Response/Reply to Defendant Metropolitan Life Ins. Co's motion to dismiss or transfer venue by Plaintiff C-Mart, Inc.; ORDERED GRANTED. Signed by District Judge Audrey G. Fleissig on February 15, 2013. (SAA) (Entered: 02/15/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 2/14/2013, Entered: None
Consent MOTION for Extension of Time to File Response/Reply to Defendant Metropolitan Life Ins. Co.s motion to dismiss or transfer venue by Plaintiff C-Mart, Inc.. (Steward, John) (Entered: 02/14/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 2/14/2013, Entered: None Court Filing
CJRA ORDER (jgw). Judge Magistrate Judge Nannette A. Baker termed. Case reassigned to Judge District Judge Audrey G. Fleissig for all further proceedings (CEL) (Entered: 02/14/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 2/14/2013, Entered: None
MEMORANDUM in Support of Motion re 15 MOTION to Dismiss Case or Transfer Case to Southern District of Florida filed by Defendant Metropolitan Life Insurance Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Buckley, Ann) (Entered: 02/14/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 2/14/2013, Entered: None
MOTION to Dismiss Case or Transfer Case to Southern District of Florida by Defendant Metropolitan Life Insurance Company. (Attachments: # 1 Exhibit A)(Buckley, Ann) (Entered: 02/14/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 2/11/2013, Entered: None
MOTION for Extension of Time to File Answer by Defendant Scott R Storick. (Attachments: # 1 exhibit a, # 2 envelope)(CLK) (Entered: 02/11/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 2/11/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Brian J. Wanca (Filing fee $100 receipt number 0865-3680742) by Plaintiff C-Mart, Inc.. (Wanca, Brian) (Entered: 02/11/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 2/11/2013, Entered: None Court Filing
Docket Text ORDER: IT IS HEREBY ORDERED that Attorney Ryan Kelly's Verified Motion for Admission Pro Hac Vice is GRANTED. Signed by Magistrate Judge Nannette A. Baker on February 11, 2013. (EMM) (Entered: 02/11/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 2/7/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice Ryan M. Kelly (Filing fee $100 receipt number 0865-3675279) by Plaintiff C-Mart, Inc.. (Kelly, Ryan) (Entered: 02/07/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 2/6/2013, Entered: None
SUMMONS Returned Executed filed by C-Mart, Inc.. Storick Group Corporation served on 1/19/2013, answer due 2/11/2013. (Steward, John) (Entered: 02/06/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 2/6/2013, Entered: None
SUMMONS Returned Executed filed by C-Mart, Inc.. Storick Group Co. served on 1/19/2013, answer due 2/11/2013. (Steward, John) (Entered: 02/06/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 2/6/2013, Entered: None
SUMMONS Returned Executed filed by C-Mart, Inc.. Scott R Storick served on 1/19/2013, answer due 2/11/2013. (Steward, John) (Entered: 02/06/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 2/6/2013, Entered: None
SUMMONS Returned Executed filed by C-Mart, Inc.. Metropolitan Life Insurance Company served on 1/15/2013, answer due 2/5/2013. (Steward, John) (Entered: 02/06/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 2/5/2013, Entered: None Court Filing
Docket Text ORDER: IT IS HEREBY ORDERED that Defendant Metropolitan Life Insurance Company's Unopposed Motion for Extension of Time to Answer or otherwise Respond to Plaintiff's Class Action Complaint is GRANTED. IT IS FURTHER ORDERED that Defendant Metropolitan Life Insurance Company shall file its response to Plaintiff's Complaint no later than February 19, 2013. Signed by Magistrate Judge Nannette A. Baker on February 5, 2013. (EMM) (Entered: 02/05/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 2/4/2013, Entered: None
Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant Metropolitan Life Insurance Company. (Buckley, Ann) (Entered: 02/04/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 1/17/2013, Entered: None
NOTICE USE OF PROCESS SERVER: by Plaintiff C-Mart, Inc. (Steward, John) (Entered: 01/17/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 1/10/2013, Entered: None
MOTION to Certify Class and for Status Conference by Plaintiff C-Mart, Inc.. (Steward, John) (Entered: 01/10/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 1/10/2013, Entered: None
COMPLAINT against defendant All Defendants with receipt number 0865-3634754, in the amount of $350 Non-Jury Demand,, filed by C-Mart, Inc.. (Attachments: # 1 Exhibit Fax, # 2 Civil Cover Sheet, # 3 Original Filing Form, # 4 Summons to Met Lift, # 5 Summons to Scott Storick, # 6 Summons to Storick Group Co., # 7 Summons to Storick Group Corporation)(Steward, John) (Entered: 01/10/2013)
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Blank 45 Filed: 6/1/2013, Entered: None Court Filing
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Metropolitan Life Insurance Company's Motion to Dismiss or Transfer Case to the Southern District of Florida, joined by Storick, (Doc. No. 15) is GRANTED. IT IS FURTHER ORDERED that the Motion of Defendants Storick Group Co., The Storick Group Corporation, and Scott R. Storick to Dismiss Based on Lack of Personal Jurisdiction or Dismiss/Transfer Case to the Southern District of Florida (Doc. No. 31) is GRANTED as to the motion to transfer and DENIED as moot as to the motion to dismiss for lack of personal jurisdiction. IT IS FURTHER ORDERED that this action shall be transferred to the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. § 1404(a). Signed by District Judge Audrey G. Fleissig on 5/31/2013. (NCL)
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