Whalen v. Gunster, Yoakley & Steward, PA
| Florida Southern District Court | |
| Judge: | Aileen M Cannon |
| Case #: | 9:24-cv-80612 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Federal Question |
| Case Filed: | May 13, 2024 |
| Terminated: | Jan 27, 2025 |
| Last checked: Saturday Nov 09, 2024 5:10 AM EST |
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Defendant
Gunster, Yoakley & Steward, PA
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Represented By
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Plaintiff
Mary Jane Whalen
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Represented By
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Plaintiff
Christine V. Rona
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Represented By
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| Docket last updated: 2 hours ago |
| Monday, January 27, 2025 | ||
| 48 | 48
2
pgs
order
Order Dismissing/Closing Case or Party
Mon 01/27 3:26 PM
ORDER CLOSING CASE AND DISMISSING WITHOUT PREJUDICE. The Clerk of Court is directed to CLOSE this case. Signed by Judge Aileen M. Cannon on 1/27/2025. See attached document for full details. (kpe) |
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| Friday, January 24, 2025 | ||
| 47 | 47
misc
Stipulation of Dismissal - aty
Fri 01/24 11:38 AM
STIPULATION of Dismissal by Gunster, Yoakley & Steward, PA (Brown, Kristine) |
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| Thursday, January 16, 2025 | ||
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notice
Notice (Other)
Thu 01/16 3:57 PM
NOTICE Of Filing and Amended Proposed Order by Gunster, Yoakley & Steward, PA re42 Joint MOTION for Extension of Time To File Settlement-Related Documents (Brown, Kristine) |
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Att: 1
Exhibit A
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notice
Notice of Striking
Thu 01/16 3:56 PM
NOTICE of Striking43 Notice (Other) filed by Gunster, Yoakley & Steward, PA by Gunster, Yoakley & Steward, PA (Brown, Kristine) |
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| 44 | 44
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Thu 01/16 12:09 PM
Clerk's Notice to Filer re43 Notice (Other). Proposed Order Docketed as Main Document ; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (ebz) |
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| 43 | 43
notice
Notice (Other)
Thu 01/16 11:12 AM
STRIKING. NOTICE OF FILING AMENDED PROPOSED ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME by Gunster, Yoakley & Steward, PA re42 Joint MOTION for Extension of Time To File Settlement-Related Documents (Brown, Kristine) Modified per DE45 Notice of Striking on 1/16/2025 (ebz) |
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| 42 | 42
motion
Extension of Time
Thu 01/16 11:06 AM
Joint MOTION for Extension of Time To File Settlement-Related Documents by Gunster, Yoakley & Steward, PA. Responses due by 1/30/2025.(Brown, Kristine) |
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Att: 1
Text of Proposed Order
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| Saturday, January 11, 2025 | ||
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order
Order on Motion for Leave to File Excess Pages
Sat 01/11 1:55 PM
PAPERLESS ORDER granting39 Motion for Leave to File Excess Pages. Plaintiffs are hereby authorized to file a Motion and Memorandum of Law in Support of Preliminary Approval of Class Action, not to exceed forty-seven double-spaced pages. Signed by Judge Aileen M. Cannon (AMC) |
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| Thursday, January 09, 2025 | ||
| 40 | 40
motion
Motion to Seal (Public)
Thu 01/09 5:18 PM
Unopposed MOTION to Seal Joint Agreement Pursuant to Paragraph 6.2 of their Class Action Settlement Agreement and Release per Local Rule 5.4 by Christine V. Rona, Mary Jane Whalen. (Yanchunis, John) |
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Att: 1
Text of Proposed Order
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| 39 | 39
motion
File Excess Pages
Thu 01/09 5:14 PM
MOTION for Leave to File Excess Pages by Christine V. Rona, Mary Jane Whalen.(Yanchunis, John) |
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Att: 1
Text of Proposed Order
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| Monday, December 30, 2024 | ||
| 38 | 38
misc
Transcript
Mon 12/30 2:52 PM
TRANSCRIPT of Motions held on 12/16/2024 before Judge Aileen M. Cannon, 1-88 pages, Court Reporter: Laura Melton, 772-467-2327 / Laura_Melton@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/21/2025. Redacted Transcript Deadline set for 1/30/2025. Release of Transcript Restriction set for 3/31/2025. (Melton, Laura) |
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| Monday, December 23, 2024 | ||
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cmp
Amended Complaint/Amended Notice of Removal
Mon 12/23 4:40 PM
Second AMENDED COMPLAINT against Gunster, Yoakley & Steward, PA, filed by Mary Jane Whalen, Christine V. Rona.(Yanchunis, John) |
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Att: 1
Exhibit A
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| Tuesday, December 17, 2024 | ||
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3
pgs
order
Order on Motion for Settlement
Tue 12/17 2:35 PM
ORDER FOLLOWING HEARING ON PRELIMINARY APPROVAL MOTION AND REQUIRING ADDITIONAL FILINGS. Plaintiffs' Unopposed Motion and Memorandum of Law in Support of Preliminary Approval of Class Action Settlement DE30 is DENIED WITHOUT PREJUDICE. Amended Complaint due by 12/23/2024. Signed by Judge Aileen M. Cannon on 12/17/2024. See attached document for full details. (ebz) |
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| Monday, December 16, 2024 | ||
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order
- Order (PAPERLESS or pdf attached)
Mon 12/16 4:08 PM
PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Motion Hearing as to30 Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement. The Court heard argument on several issues related to the proposed class settlement. Order requiring amended and additional filings to follow. Attorney appearances: John A. Yanchunis, Donald M. Houser, and Jacqueline M. Arango. Total time in court: 1 hr 38 mins. Court Reporter: Laura Melton, 305-523-5633 / Laura_Melton@flsd.uscourts.gov. (bbk) |
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| Sunday, December 15, 2024 | ||
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order
~Util - Set/Reset Hearings
Sun 12/15 4:45 PM
PAPERLESS NOTICE of RESETTING Hearing: **TIME CHANGE ONLY** Hearing on30 Motion for Preliminary Approval of Class Action Settlement reset for 12/16/2024 11:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. *Counsel please note the TIME CHANGE to your files. Signed by Judge Aileen M. Cannon on 12/15/2024. (bbk) |
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| Sunday, December 08, 2024 | ||
| 34 | 34
order
Order on Motion to Appear Pro Hac Vice
Sun 12/08 4:32 PM
PAPERLESS ORDER granting33 Motion to Appear Pro Hac Vice , Consents to Designation, and Requests to Electronically Receive Notices of Electronic Filing for Attorney Donald M. Houser. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Aileen M. Cannon on 12/8/2024. (bbk) |
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| Friday, December 06, 2024 | ||
| 33 | 33
motion
Appear Pro Hac Vice - aty
Fri 12/06 1:20 PM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Donald M. Houser. Filing Fee $ 250.00 Receipt # AFLSDC-18033617 by Gunster, Yoakley & Steward, PA. Responses due by 12/20/2024.(Brown, Kristine) |
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Att: 1
Text of Proposed Order
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| Tuesday, November 19, 2024 | ||
| 32 | 32
notice
Notice of Hearing on Motion
Tue 11/19 4:21 PM
PAPERLESS NOTICE of Hearing30 Motion for Settlement: Motion Hearing set for 12/16/2024 10:00 AM in Fort Pierce Division before Judge Aileen M. Cannon. (tci) |
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| 30 | 30
motion
Settlement
Tue 11/19 2:18 PM
MOTION for Settlement UNOPPOSED MOTION AND MEMORANDUM OF LAW IN SUPPORT OF PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT by Christine V. Rona, Mary Jane Whalen. Responses due by 12/3/2024.(Yanchunis, John) |
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Att: 1
Exhibit 1. Settlement Agreement,
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Att: 2
Exhibit 1. Paragraph 6.2 of Settlement Agreement,
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Att: 3
Exhibit A. Claim Form,
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Att: 4
Exhibit B. Final Approval Order,
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Att: 5
Exhibit C. Long Form Notice,
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Att: 6
Exhibit D. Notice Plan,
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Att: 7
Exhibit E. Preliminary Approval Order,
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Att: 8
Exhibit F. Short Form,
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Att: 9
Exhibit 2. Declaration of John A. Yanchunis
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| Friday, November 15, 2024 | ||
| 29 | 29
2
pgs
order
Order on Motion to Seal
Fri 11/15 2:25 PM
ORDER granting in part28 Plaintiffs' Motion for Leave to Seal Portion of Class Action Settlement Agreement. Signed by Judge Aileen M. Cannon on 11/15/2024. See attached document for full details. (kpe) |
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| Thursday, November 14, 2024 | ||
| 28 | 28
motion
Motion to Seal (Public)
Thu 11/14 7:02 AM
MOTION to Seal the Joint Agreement Pursuant to Paragraph 6.2 of their Class Action Settlement Agreement and Release per Local Rule 5.4 by Christine V. Rona, Mary Jane Whalen. (Yanchunis, John) |
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Att: 1
Text of Proposed Order
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| Monday, November 11, 2024 | ||
| 27 | 27
order
Order on Motion for Settlement Order on Motion to Seal
Mon 11/11 8:06 PM
PAPERLESS ORDER striking24 Motion for Preliminary Approval of Class Action Settlement and denying without prejudice25 Motion to Seal. The Motion for Preliminary Approval contains a sealed exhibit, in violation of the Court's 11 Notice of Court Practices on Sealing/Redaction. The Motion to Seal25 , while itself not problematic, seeks leave to file material already filed on the docket, which this Court has not authorized to be filed under seal. Any future Motion for Preliminary Approval or Motion for Leave must conform fully to the Court's sealing/redaction practices. Signed by Judge Aileen M. Cannon on 11/11/2024. (bbk) |
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| Friday, November 08, 2024 | ||
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order
Order on Motion for Leave to File Excess Pages
Fri 11/08 12:27 PM
PAPERLESS ORDER granting23 Plaintiffs' Motion for Leave to File Excess Pages. Any future motion for enlargement of page limits must be filed sufficiently in advance of the deadline to permit adequate Court review . Future unauthorized filings will be stricken without further notice. Signed by Judge Aileen M. Cannon on 11/8/2024. (bbk) |
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| 25 | 25
motion
Motion to Seal (Public)
Fri 11/08 12:10 PM
Unopposed MOTION to Seal per Local Rule 5.4 by Christine V. Rona, Mary Jane Whalen. (Yanchunis, John) |
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Att: 1
Text of Proposed Order
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| Thursday, November 07, 2024 | ||
| 24 | 24
motion
Settlement
Thu 11/07 5:02 PM
MOTION for Settlement Preliminary Approval of Class Action Settlement by Christine V. Rona, Mary Jane Whalen. Responses due by 11/21/2024.(Yanchunis, John) |
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Att: 1
Exhibit 1. Settlement Agreement,
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Att: 2
Exhibit 1. Paragraph 6.2 of Settlement Agreement,
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Att: 3
Exhibit A. Claim Form,
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Att: 4
Exhibit B. Final Approval Order,
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Att: 5
Exhibit C. Long Form Notice,
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Att: 6
Exhibit D. Notice Plan,
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Att: 7
Exhibit E. Preliminary Approval Order,
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Att: 8
Exhibit F. Short Form,
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Att: 9
Exhibit 2. Declaration of John A. Yanchunis
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| 23 | 23
motion
File Excess Pages
Thu 11/07 3:29 PM
Unopposed MOTION for Leave to File Excess Pages by Christine V. Rona, Mary Jane Whalen. (Yanchunis, John) |
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| Tuesday, October 15, 2024 | ||
| 22 | 22
2
pgs
order
Order on Motion to Stay
Wed 10/16 8:56 AM
ORDER GRANTING MOTION TO STAY AND SETTING DEADLINE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT re21 Motion to Stay. On or before November 7, 2024, Plaintiffs shall file a Motion for Preliminary Approval of the Class Action Settlement. Signed by Judge Aileen M. Cannon on 10/15/2024. See attached document for full details. (ebz) |
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| Wednesday, October 09, 2024 | ||
| 21 | 21
motion
Stay
Wed 10/09 11:59 AM
Joint MOTION to Stay and Notice of Settlement by Gunster, Yoakley & Steward, PA. Responses due by 10/23/2024.(Brown, Kristine) |
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Att: 1
Text of Proposed Order
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| Tuesday, October 01, 2024 | ||
| 20 | 20
order
Order on Motion for Extension of Time
Tue 10/01 1:44 PM
PAPERLESS ORDER granting Defendant's19 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall submit a response or answer to Plaintiff's Amended Complaint17 on or before November 1, 2024 . Moving forward, any requests for extension or enlargement must be filed sufficiently in advance of the deadline at issue. Signed by Judge Aileen M. Cannon on 10/1/2024. (bbk) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Tue 10/01 1:55 PM
Reset Response/Answer Due Deadline: Gunster, Yoakley & Steward, PA response/answer due 11/1/2024. PER DE#20 (cds) |
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| Monday, September 30, 2024 | ||
| 19 | 19
motion
Extension of Time
Mon 09/30 10:52 AM
Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Amended Complaint by Gunster, Yoakley & Steward, PA. Responses due by 10/15/2024.(Brown, Kristine) |
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Att: 1
Exhibit A - Proposed Order
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| Friday, September 20, 2024 | ||
| 18 | 18
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 09/20 1:54 PM
PAPERLESS ORDER: In light of17 Plaintiff's Amended Complaint,14 Defendant's Motion to Dismiss is DENIED AS MOOT. Defendant's deadline to respond or answer17 Plaintiff's Amended Complaint remains October 8, 2024. Signed by Judge Aileen M. Cannon 9/20/2024. (bbk) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Fri 09/20 2:31 PM
Set Response/Answer Due Deadline: as to Gunster, Yoakley & Steward, PA response/answer due 10/8/2024 per DE 18 . (wce) |
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| Tuesday, September 17, 2024 | ||
| 17 | 17
cmp
Amended Complaint/Amended Notice of Removal
Tue 09/17 6:42 PM
AMENDED COMPLAINT against Gunster, Yoakley & Steward, PA, filed by Mary Jane Whalen, Christine V. Rona.(Yanchunis, John) |
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Att: 1
Exhibit A
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| 16 | 16
respm
Response in Opposition to Motion
Tue 09/17 6:38 PM
RESPONSE in Opposition re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mary Jane Whalen. Replies due by 9/24/2024. (Yanchunis, John) |
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| Thursday, September 12, 2024 | ||
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order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 09/13 10:08 AM
ORDER REQUIRING RESPONSE TO MOTION re14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gunster, Yoakley & Steward, PA, Set/Reset Deadlines/Hearings as to14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM .( Responses due by 9/17/2024.) Signed by Judge Aileen M. Cannon on 9/12/2024. See attached document for full details. (ebz) |
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| Thursday, August 15, 2024 | ||
| 14 | 14
motion
Dismiss for Failure to State a Claim
Thu 08/15 4:46 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Gunster, Yoakley & Steward, PA. Responses due by 8/29/2024. (Brown, Kristine) |
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| Monday, July 22, 2024 | ||
| 13 | 13
order
Order on Motion for Extension of Time
Mon 07/22 3:35 PM
PAPERLESS ORDER granting Defendant's12 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall respond to Plaintiff's Complaint on or before August 15, 2024 . Signed by Judge Aileen M. Cannon on 7/22/2024. (mdo) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Mon 07/22 4:20 PM
Set/Reset Response/Answer Due Deadline: Gunster, Yoakley & Steward, PA response/answer due 8/15/2024. (per order de#13) (drz) |
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| Thursday, July 11, 2024 | ||
| 12 | 12
motion
Extension of Time
Thu 07/11 2:27 PM
Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint by Gunster, Yoakley & Steward, PA. Responses due by 7/25/2024.(Brown, Kristine) |
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Att: 1
Text of Proposed Order
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| Friday, June 21, 2024 | ||
| 11 | 11
order
- Order (PAPERLESS or pdf attached)
Fri 06/21 6:15 PM
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 6/21/2024. (mdo) |
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| 10 | 10
2
pgs
order
Order of Recusal
Fri 06/21 8:44 AM
ORDER OF RECUSAL. Judge Melissa Damian recused. Case reassigned to Judge Aileen M. Cannon for all further proceedings. Signed by Judge Melissa Damian on 6/17/2024. See attached document for full details. (yar) |
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| Thursday, June 20, 2024 | ||
| 9 | 9
misc
Scheduling Report - Rule 26(f)/16.1
Thu 06/20 4:40 PM
Joint SCHEDULING REPORT - Rule 16.1 by Gunster, Yoakley & Steward, PA(Brown, Kristine) |
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Att: 1
Joint Proposed Scheduling Order
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| 8 | 8
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Thu 06/20 4:37 PM
Certificate of Other Affiliates/Corporate Disclosure Statement by Gunster, Yoakley & Steward, PA (Brown, Kristine) |
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| Tuesday, June 11, 2024 | ||
| 7 | 7
notice
Notice of Attorney Appearance
Tue 06/11 6:07 PM
NOTICE of Attorney Appearance by Kristine McAlister Brown on behalf of Gunster, Yoakley & Steward, PA. Attorney Kristine McAlister Brown added to party Gunster, Yoakley & Steward, PA (pty:dft). (Brown, Kristine) |
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| 6 | 6
notice
Notice of Attorney Appearance
Tue 06/11 5:13 PM
NOTICE of Attorney Appearance by Jacqueline Marie Arango on behalf of Gunster, Yoakley & Steward, PA. Attorney Jacqueline Marie Arango added to party Gunster, Yoakley & Steward, PA (pty:dft). (Arango, Jacqueline) |
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| Friday, May 31, 2024 | ||
| 5 | 5
2
pgs
order
Order Requiring Joint Scheduling Report
Fri 05/31 3:14 PM
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 6/20/2024 Signed by Judge Melissa Damian on 5/31/2024. See attached document for full details. (nan) |
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| Thursday, May 23, 2024 | ||
| 4 | 4
service
Waiver of Service Executed
Thu 05/23 2:45 PM
WAIVER OF SERVICE Returned Executed by Mary Jane Whalen. Gunster, Yoakley & Steward, PA waiver sent on 5/14/2024, response/answer due 7/15/2024. (Yanchunis, John) |
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| Monday, May 13, 2024 | ||
| 3 | 3
service
Summons Issued
Mon 05/13 4:29 PM
Summons Issued as to Gunster, Yoakley & Steward, PA. (amb) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 05/13 4:26 PM
Clerks Notice of Judge Assignment to Judge Melissa Damian. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (amb) |
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| 1 | 1
49
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cmp
Complaint
Mon 05/13 2:34 PM
COMPLAINT against Gunster, Yoakley & Steward, PA. Filing fees $ 405.00 receipt number AFLSDC-17524019, filed by Mary Jane Whalen.(Yanchunis, John) |
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Att: 1
Errata,
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Att: 2
Civil Cover Sheet,
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Att: 3
Summon(s)
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