Mazzariol v. Medspa Del Mar, LLC
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Jacqueline Becerra |
| Case #: | 4:19-cv-10015 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Federal Question |
| Case Filed: | Jan 22, 2019 |
| Terminated: | Apr 24, 2019 |
| Last checked: Sunday Jul 21, 2019 5:27 AM EDT |
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Defendant
Medspa Del Mar, LLC
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Represented By
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Plaintiff
Carol N Mazzariol
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Represented By
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| Docket last updated: 10 hours ago |
| Monday, April 29, 2019 | ||
| 22 | 22
service
Acknowledgment of Receipt
Mon 04/29 6:02 AM
ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Middle District of Florida as case 2:19-cv-00276, filed 04/26/2019. (bb) |
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| Wednesday, April 24, 2019 | ||
| 21 | 21
order
Order on Motion to Dismiss
Wed 04/24 12:44 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Dismiss Complaint for Improper Venue, or, in the Alternative, Motion to Transfer to the Middle District of Florida.12 . Defendant states that the Middle District of Florida is an appropriate venue because "Defendant's principal place of business is located there, a substantial part of the events occurred there, the alleged texts were made from there, the substance of the alleged texts related to services performed or products to be purchased there, any pertinent documents are located there, the computer(s) are located there, and substantially all of the witnesses reside and/or work there."12 at 5-6. These statements are supported by affidavit. In response, Plaintiff states that "Plaintiff does not oppose Defendant's alternative request to transfer this action to the Middle District of Florida, Fort [Myers] division, for the... convenience of the parties."14 . In reply, Defendant "withdr[ew] its argument that this case should be dismissed for improper venue" in light of Plaintiff's consent to transfer to the Middle District of Florida.17 . "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 28 U.S.C. § 1404(a). Here, the Parties have consented to the case being transferred to the United States District Court for the Middle District of Florida, and the Middle District of Florida is otherwise a district in which the case could have been brought. Accordingly, UPON CONSIDERATION of the Motion, the Response, the Reply, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion12 is GRANTED IN PART AND DENIED IN PART AS MOOT. The Clerk of the Court is instructed to TRANSFER this case to the United States District Court for the Middle District of Florida, Fort Myers division. It is further ORDERED AND ADJUDGED that the Clerk of Court is directed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 4/24/2019. (eso) |
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| Tuesday, April 23, 2019 | ||
| 20 | 20
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Tue 04/23 3:57 PM
Certificate of Other Affiliates/Corporate Disclosure Statement by Carol N Mazzariol (Shamis, Andrew) |
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| Friday, April 19, 2019 | ||
| 19 | 19
notice
Notice of Attorney Appearance
Fri 04/19 11:35 AM
NOTICE of Attorney Appearance by Michael Gene Polatsek on behalf of Medspa Del Mar, LLC. Attorney Michael Gene Polatsek added to party Medspa Del Mar, LLC(pty:dft). (Polatsek, Michael) |
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| 18 | 18
respm
Reply to Response to Motion
Fri 04/19 10:53 AM
REPLY to Response to Motion re13 Defendant's MOTION to Dismiss1 Complaint and Incorporated Memornadum of Law filed by Medspa Del Mar, LLC. (Cohen, Jordan) |
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| 17 | 17
respm
Reply to Response to Motion
Fri 04/19 10:49 AM
REPLY to Response to Motion re12 Defendant's MOTION to Dismiss1 Complaint for Improper Venue, or, in the Alternative, Motion to Transfer and Incorporated Memorandum of Law filed by Medspa Del Mar, LLC. (Cohen, Jordan) |
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| Tuesday, April 16, 2019 | ||
| 16 | 16
notice
Notice of Attorney Appearance
Tue 04/16 11:17 AM
NOTICE of Attorney Appearance by Jordan Scott Cohen on behalf of Medspa Del Mar, LLC. Attorney Jordan Scott Cohen added to party Medspa Del Mar, LLC(pty:dft). (Cohen, Jordan) |
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| Friday, April 12, 2019 | ||
| 15 | 15
respm
Response in Opposition to Motion
Fri 04/12 6:15 PM
RESPONSE in Opposition re13 Defendant's MOTION to Dismiss1 Complaint and Incorporated Memornadum of Law filed by Carol N Mazzariol. Replies due by 4/19/2019. (Utanski, Jordan) |
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| 14 | 14
respm
Response in Opposition to Motion
Fri 04/12 6:13 PM
RESPONSE in Opposition re12 Defendant's MOTION to Dismiss1 Complaint for Improper Venue, or, in the Alternative, Motion to Transfer and Incorporated Memorandum of Law filed by Carol N Mazzariol. Attorney Jordan David Utanski added to party Carol N Mazzariol(pty:pla). Replies due by 4/19/2019. (Utanski, Jordan) |
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| Friday, March 29, 2019 | ||
| 13 | 13
motion
Dismiss
Fri 03/29 3:43 PM
Defendant's MOTION to Dismiss1 Complaint and Incorporated Memornadum of Law by Medspa Del Mar, LLC. Responses due by 4/12/2019 (Landis, David) |
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| 12 | 12
motion
Dismiss
Fri 03/29 3:37 PM
Defendant's MOTION to Dismiss1 Complaint for Improper Venue, or, in the Alternative, Motion to Transfer and Incorporated Memorandum of Law by Medspa Del Mar, LLC. Responses due by 4/12/2019 (Landis, David) |
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| Wednesday, March 20, 2019 | ||
| 11 | 11
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 03/20 4:50 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Enlargement of Time Within Which to File a Response to Plaintiff's Complaint.8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion8 is GRANTED. Defendant shall respond to the Complaint on or before March 29, 2019. Signed by Chief Judge K. Michael Moore on 3/20/2019. (eso) |
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| 10 | 10
notice
Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Wed 03/20 11:23 AM
Clerks Notice to Filer re8 MOTION to Adopt/Join1 Complaint MOTION for Extension of Time to File Response/Reply/Answer . Wrong Motion Relief Selected ; ERROR - The Filer selected the wrong motion relief - Motion to Adopt/Join - when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions should reflect applicable reliefs in document. (mf) |
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| Tuesday, March 19, 2019 | ||
| 9 | 9
notice
Notice (Other)
Tue 03/19 12:59 PM
NOTICE by Medspa Del Mar, LLC re8 MOTION to Adopt/Join1 Complaint MOTION for Extension of Time to File Response/Reply/Answer (Landis, David) |
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Att: 1
Order
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| Monday, March 18, 2019 | ||
| 8 | 8
motion
Adopt/Join Extension of Time to File Response/Reply/Answer
Mon 03/18 4:26 PM
MOTION to Adopt/Join1 Complaint , MOTION for Extension of Time to File Response/Reply/Answer by Medspa Del Mar, LLC. (Landis, David) |
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| Friday, March 15, 2019 | ||
| 7 | 7
notice
Notice of Attorney Appearance
Fri 03/15 10:29 AM
NOTICE of Attorney Appearance by David M. Landis on behalf of Medspa Del Mar, LLC. Attorney David M. Landis added to party Medspa Del Mar, LLC(pty:dft). (Landis, David) |
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| Tuesday, February 12, 2019 | ||
| 6 | 6
service
Summons (Affidavit) Returned Executed
Tue 02/12 1:49 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Carol N Mazzariol. Medspa Del Mar, LLC served on 1/30/2019, answer due 2/20/2019. (Shamis, Andrew) |
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| Wednesday, January 23, 2019 | ||
| 5 | 5
order
Order Referring Case to Magistrate Judge
Wed 01/23 10:09 AM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerras discovery procedures. Signed by Chief Judge K. Michael Moore on 1/23/2019. (osk) |
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| 4 | 4
order
Pretrial Order
Wed 01/23 10:08 AM
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 1/23/2019. (osk) |
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| Tuesday, January 22, 2019 | ||
| 3 | 3
service
Summons Issued
Tue 01/22 5:03 PM
Summons Issued as to Medspa Del Mar, LLC. (jao) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Tue 01/22 5:01 PM
Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (jao) |
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| 1 | 1
cmp
Complaint
Tue 01/22 4:37 PM
COMPLAINT against Medspa Del Mar, LLC. Filing fees $ 400.00 receipt number 113C-11331383, filed by Carol N Mazzariol.(Shamis, Andrew) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s)
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