Rosser v. Growin Estate LLC

Florida Middle District Court
Judge:Sheri Polster Chappell
Referred: Kyle C Dudek
Case #: 2:23-cv-01107
Nature of Suit485 Other Statutes - Telephone Consumer Protection Act
Cause47:227 Restrictions of Use of Telephone Equipment
Case Filed:Nov 22, 2023
Terminated:Mar 13, 2024
Last checked: Monday May 20, 2024 4:30 AM EDT
Defendant
Growin Estate LLC
Plaintiff
Dianna Rosser
Represented By
Megan E. Shaw
Parrish & Goodman
contact info
William F. King
Gallagher & Kennedy
contact info
Robert Henry Goodman
Parrish & Goodman, PLLC
contact info
Joseph E. Parrish
Parrish & Goodman PLLC
contact info


Docket last updated: 05/05/2025 11:59 PM EDT
Wednesday, March 13, 2024
27 27 order Order Wed 03/13 10:12 AM
ENDORSED ORDER. The Clerk is DIRECTED to deny all pending motions, terminate all deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 3/13/2024. (BB)
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26 26 order Judgment Wed 03/13 9:48 AM
JUDGMENT in favor of Dianna Rossern in the amount of $1,000. Signed by Deputy Clerk on 3/13/2024. (CTR)
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Tuesday, March 12, 2024
25 25 3 pgs order Order on Motion for Default Judgment Order on Report and Recommendations Tue 03/12 2:47 PM
ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. 24 ) is ACCEPTED and ADOPTED, and the findings incorporated herein. Plaintiff's claims to represent a class of similarly situated persons and obtain injunctive relief are DISMISSED as Plaintiff has abandoned and withdrawn those claims. Plaintiff's Motion for Entry of Default Judgment (Doc. 21 ) is GRANTED. The Clerk is DIRECTED to enter judgment in favor of Plaintiff in the amount of $1,000. Signed by Judge Sheri Polster Chappell on 3/12/2024. (AEH)
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Monday, February 26, 2024
24 24 motion Report and Recommendations Mon 02/26 5:09 PM
REPORT AND RECOMMENDATION re 21 MOTION for Default Judgment against Growin Estate LLC filed by Dianna Rosser. Accordingly, the Court RECOMMENDS that: 1.Rosser's Motion for Default Judgment be GRANTED as to Growin's liability under the Telephone Consumer Protection Act and: a. Rosser be awarded $1,000 in statutory liquidated damages; b. Rosser's request for injunctive relief be denied as abandoned; c. Rosser's request to represent a class of similarly situated persons be denied as withdrawn; 2.The Clerk MAIL a copy of the Court's Order and any notice of hearing to Growin at the following address: Growin Estate, LLC C/o North West Registered Agent, LLC 7901 4th Street North, STE 300 St. Petersburg, FL 33702. Signed by Magistrate Judge Kyle C. Dudek on 2/26/2024. (CGW)
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23 23 notice Notice (Other) Mon 02/26 12:35 PM
NOTICE by Dianna Rosser re 22 Order (Goodman, Robert)
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Thursday, February 22, 2024
22 22 order Order Thu 02/22 4:30 PM
ENDORSED ORDER. Plaintiff brought this case as a class action. Her motion for default judgment, however, only seeks individualized relief. And she has not otherwise moved to certify the class. By 2/26/24, Plaintiff must file a notice advising the Court whether she intends to continue pursuing this case as a class action or if the Court can consider the class-wide claims abandoned. Signed by Magistrate Judge Kyle C. Dudek on 2/22/2024. (Dudek, Kyle)
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Wednesday, February 14, 2024
21 21 motion Default Judgment Wed 02/14 12:53 PM
MOTION for Default Judgment against Growin Estate LLC by Dianna Rosser. (Goodman, Robert)
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Friday, February 09, 2024
20 20 order Clerks Entry of Default Fri 02/09 11:12 AM
Clerk's ENTRY OF DEFAULT as to Growin Estate LLC. (CGW)
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Thursday, February 08, 2024
19 19 motion Clerks Default Thu 02/08 1:39 PM
MOTION for Clerk's Default against Growin Estate LLC by Dianna Rosser. (Goodman, Robert)
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18 18 order Order on Motion for Default Judgment Thu 02/08 10:09 AM
ENDORSED ORDER denying 17 Plaintiff's Motion for Default Judgment because Plaintiff has not yet moved for a clerk's default. Once a clerk's entry of default has been entered, plaintiff may seek a default judgment. Signed by Magistrate Judge Kyle C. Dudek on 2/8/2024. (BLW)
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Wednesday, February 07, 2024
17 17 motion Default Judgment Wed 02/07 12:34 PM
MOTION for Default Judgment against Growin Estate LLC by Dianna Rosser. (Goodman, Robert)
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Thursday, February 01, 2024
16 16 order Order Thu 02/01 10:03 AM
ENDORSED ORDER. Plaintiff has failed to move for a default against Defendant by the deadline required under the Local Rules. By 2/8/2024 Plaintiff must SHOW CAUSE as to why its case should not be dismissed for failure to prosecute. Plaintiff may alternatively discharge this show cause order by filing for a clerk's default according to Local Rule 1.10 and Fed. R. Civ. P. 55. Signed by Magistrate Judge Kyle C. Dudek on 2/1/2024. (DM)
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Wednesday, December 27, 2023
15 15 service Proof of service Wed 12/27 4:50 PM
PROOF of service by Dianna Rosser (Goodman, Robert)
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Monday, December 18, 2023
14 14 service Summons reissued Mon 12/18 8:26 AM
SUMMONS reissued as to Growin Estate LLC. (LAB)
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Thursday, December 14, 2023
13 13 order Civil Action Order Thu 12/14 2:01 PM
CIVIL Action Order. Signed by All Divisional Judges on 12/14/2023. (CGW)
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Monday, December 11, 2023
12 12 misc Certificate of Interested Persons and Corporate Disclosure Statement Mon 12/11 4:51 PM
CERTIFICATE of interested persons and corporate disclosure statement by Dianna Rosser. (Goodman, Robert)
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11 11 notice Notice of a Related Action Mon 12/11 4:42 PM
NOTICE of a related action per Local Rule 1.07(c) by Dianna Rosser. Related case(s): Yes (Goodman, Robert)
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Monday, December 04, 2023
10 10 service Proposed summons Mon 12/04 10:29 AM
PROPOSED summons to be issued by Dianna Rosser. (Goodman, Robert)
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Wednesday, November 29, 2023
9 9 ENDORSED ORDER granting Plaintiff's 8 Motion to Change Venue. This case is transferred to the Fort Myers Division. See Local Rule 1.04(b). Signed by Judge Kathryn Kimball Mizelle on 11/29/2023. (CMM)
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Tuesday, November 28, 2023
8 8 MOTION to Change Venue / Transfer Case by Dianna Rosser. (Goodman, Robert)
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Monday, November 27, 2023
7 7 CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 11/27/2023. (CMM)
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Friday, November 24, 2023
5 5 NOTICE TO ALL COUNSEL of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (GL)
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4 4 SUMMONS issued as to Growin Estate LLC. (GL)
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Wednesday, November 22, 2023
6 6 STANDING ORDER regarding Discovery Motions. Signed by Magistrate Judge Thomas G. Wilson on 11/22/2023. (KMN)
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3 3 NOTICE TO COUNSEL William F. King of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (JG)
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2 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Thomas G. Wilson. New case number: 8:23-cv-02686-KKM-TGW. (JG)
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1 1 COMPLAINT against Growin Estate LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-21493929) filed by Dianna Rosser.(Goodman, Robert) Modified text and image on 11/24/2023 (GL).
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summon