Consolidated
Lead case: 1:22-cv-23753

Florida Southern District Court
Judge:K Michael Moore
Case #: 1:22-cv-23983
Nature of Suit370 Torts - Personal Property - Other Fraud
Cause28:1332 - Diversity: Securities Fraud
Case Filed:Dec 07, 2022
Terminated:Dec 09, 2022
Last checked: Wednesday Jun 07, 2023 1:16 PM EDT
Defendant
Shaquille ONeal
Defendant
Tom Brady
Represented By
Stephanie Anne Casey
Colson Hicks Eidson
contact info
Zachary Andrew Lipshultz
Colson Hicks Eidson
contact info
Roberto Martinez
Colson Hicks Eidson
contact info
Defendant
Sam Bankman-Fried
Defendant
Gary Wang
Defendant
Sam Trabucco
Defendant
Nishad Singh
Defendant
Naomi Osaka
Defendant
David Ortiz
Represented By
Christopher Stephen Carver
Akerman LLP
contact info
Defendant
Shohei Ohtani
Defendant
Gisele Bundchen
Represented By
Stephanie Anne Casey
Colson Hicks Eidson
contact info
Zachary Andrew Lipshultz
Colson Hicks Eidson
contact info
Roberto Martinez
Colson Hicks Eidson
contact info
Defendant
Kevin OLeary
Defendant
William Trevor Lawrence
Defendant
Udonis Haslem
Defendant
Golden State Warriors LLC
Defendant
Dan Friedberg
Defendant
Caroline Ellison
Defendant
Lawrence Gene David
Defendant
Stephen Curry
Represented By
Nathan Marshall Bull
contact info
Plaintiff
David Nicol
Represented By
Ursula Ungaro
Boies Schiller Flexner LLP
contact info
Joseph M. Kaye
The Moskowitz Law Firm, PLLC
contact info
Stephen N. Zack
Boies Schiller & Flexner
contact info
Alexander Boies
Boies Schiller Flexner LLP
contact info
David Boies
Boies Schiller Flexner LLP
contact info
Adam M. Moskowitz
The Moskowitz Law Firm, PLLC
contact info
Howard Mitchell Bushman
The Moskowitz Law Firm, PLLC
contact info
Barbara Cabrera Lewis
The Moskowitz Law Firm
contact info
Plaintiff
Skyler Lindeen
Represented By
Ursula Ungaro
Boies Schiller Flexner LLP
contact info
Joseph M. Kaye
The Moskowitz Law Firm, PLLC
contact info
Stephen N. Zack
Boies Schiller & Flexner
contact info
Alexander Boies
Boies Schiller Flexner LLP
contact info
David Boies
Boies Schiller Flexner LLP
contact info
Adam M. Moskowitz
The Moskowitz Law Firm, PLLC
contact info
Howard Mitchell Bushman
The Moskowitz Law Firm, PLLC
contact info
Barbara Cabrera Lewis
The Moskowitz Law Firm
contact info
Plaintiff
Gary Gallant
Represented By
Ursula Ungaro
Boies Schiller Flexner LLP
contact info
Joseph M. Kaye
The Moskowitz Law Firm, PLLC
contact info
Stephen N. Zack
Boies Schiller & Flexner
contact info
Alexander Boies
Boies Schiller Flexner LLP
contact info
David Boies
Boies Schiller Flexner LLP
contact info
Adam M. Moskowitz
The Moskowitz Law Firm, PLLC
contact info
Howard Mitchell Bushman
The Moskowitz Law Firm, PLLC
contact info
Barbara Cabrera Lewis
The Moskowitz Law Firm
contact info
Plaintiff
Gregg Podalsky
Represented By
Ursula Ungaro
Boies Schiller Flexner LLP
contact info
Joseph M. Kaye
The Moskowitz Law Firm, PLLC
contact info
Stephen N. Zack
Boies Schiller & Flexner
contact info
Alexander Boies
Boies Schiller Flexner LLP
contact info
David Boies
Boies Schiller Flexner LLP
contact info
Adam M. Moskowitz
The Moskowitz Law Firm, PLLC
contact info
Howard Mitchell Bushman
The Moskowitz Law Firm, PLLC
contact info
Barbara Cabrera Lewis
The Moskowitz Law Firm
contact info
Plaintiff
Edwin Garrison
Represented By
Adam M. Moskowitz
The Moskowitz Law Firm, PLLC
contact info
Howard Mitchell Bushman
The Moskowitz Law Firm, PLLC
contact info
Barbara Cabrera Lewis
The Moskowitz Law Firm
contact info
Plaintiff
Sunil Kavuri
Represented By
Adam M. Moskowitz
The Moskowitz Law Firm, PLLC
contact info
Howard Mitchell Bushman
The Moskowitz Law Firm, PLLC
contact info
Barbara Cabrera Lewis
The Moskowitz Law Firm
contact info
Plaintiff
Alexander Chernyavsky
Represented By
Ursula Ungaro
Boies Schiller Flexner LLP
contact info
Joseph M. Kaye
The Moskowitz Law Firm, PLLC
contact info
Stephen N. Zack
Boies Schiller & Flexner
contact info
Alexander Boies
Boies Schiller Flexner LLP
contact info
David Boies
Boies Schiller Flexner LLP
contact info
Adam M. Moskowitz
The Moskowitz Law Firm, PLLC
contact info
Howard Mitchell Bushman
The Moskowitz Law Firm, PLLC
contact info
Barbara Cabrera Lewis
The Moskowitz Law Firm
contact info


Docket last updated: 02/21/2025 11:59 PM EST
Wednesday, June 21, 2023
29 29 PAPERLESS ORDER STAYING CASE. THIS CAUSE came before the Court upon a sua sponte review of the record. The Court notes that this case is a member case in In Re: FTX Cryptocurrency Exchange Collapse Litigation, 1:23-md-03076-KMM. In the interests of judicial economy, it is hereby ORDERED AND ADJUDGED that this case is STAYED. The Clerk of the Court is instructed to administratively close this case for statistical purposes, while the claims proceed under 1:23-md-03076-KMM. The Court shall retain jurisdiction and the case shall be restored to the active docket upon motion of a party if circumstances change so that the action may proceed to final disposition. Signed by Judge K. Michael Moore on 6/21/2023. (rfr) Signed by Judge K. Michael Moore on 6/21/2023. See attached document for full details. (jas)
Related: [-]
28 28 Initial Scheduling and Case Management Order. Signed by Judge K. Michael Moore on 6/21/2023. See attached document for full details. (jas)
Related: [-]
Monday, June 05, 2023
27 27 MDL Tag-Along Case Receipt from District of Southern District of Florida. Case Number 1:22-cv-23983-KMM with documents 1-26. Re: FLSD MDL Case Number 1:23-md-3076-KMM. Clerks Note: JPML notified (pes)
Related: [-]
26 26 TRANSFER ORDER (TO-Dated: 6/5/2023) transferring case to the Southern District of Florida re: MDL 1:23-md-3076-Moore for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable K. Michael Moore. (Signed by Karen K. Caldwell, Chair). (pes)
Related: [-]
Cases associated 1:23-md-3076-KMM. (pes)
Related: [-]
Friday, May 19, 2023
25 25 PAPERLESS ORDER denying as moot13 14 15 16 19 21 Signed by Judge K. Michael Moore (rfr)
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Friday, April 14, 2023
24 24 Clerk's Notice to Filer re23 MOTION to Appear Pro Hac Vice. Document Not Related to Case ; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must file a Notice of Striking. (kpe)
Related: [-]
23 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ellie Hourizadeh. Filing Fee $ 200.00 Receipt # FLSDC-16537896 by Stephen Curry. Responses due by 4/28/2023 Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Bull, Nathan)
Related: [-]
Friday, April 07, 2023
22 22 NOTICE of Attorney Appearance by Nathan Marshall Bull on behalf of Stephen Curry. Attorney Nathan Marshall Bull added to party Stephen Curry(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Bull, Nathan)
Related: [-]
21 21 MOTION to Serve Defendant Shaquille O'Neal through Approved Alternate Means re (101 in 1:22-cv-23753-KMM) Order on Motion for Extension of Time,,,,,,,,,, by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky.Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Moskowitz, Adam)
Related: [-]
Att: 1 Affidavit
Friday, March 10, 2023
20 20 RESPONSE TO ORDER TO SHOW CAUSE re (90 in 1:22-cv-23753-KMM) Order,,,,,,,, by Sunil Kavuri, Skyler Lindeen, Gregg Podalsky, Alexander Chernyavsky, Edwin Garrison, Gary Gallant, David Nicol.Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Moskowitz, Adam)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Exhibit G,
Att: 8 Exhibit H,
Att: 9 Exhibit I
19 19 Unopposed MOTION for Extension of Time PLAINTIFFS UNOPPOSED MOTION TO EXTEND DEADLINE FOR PARTIES TO HOLD A SCHEDULING CONFERENCE re (94 in 1:22-cv-23753-KMM) Order on Motion for Extension of Time,,,,,,,, by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Responses due by 3/24/2023 Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Moskowitz, Adam)
Related: [-]
Thursday, March 09, 2023
18 18 NOTICE of Attorney Appearance by Barbara Cabrera Lewis on behalf of Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Attorney Barbara Cabrera Lewis added to party Alexander Chernyavsky (pty:pla), Attorney Barbara Cabrera Lewis added to party Gary Gallant (pty:pla), Attorney Barbara Cabrera Lewis added to party Edwin Garrison(pty:pla), Attorney Barbara Cabrera Lewis added to party Sunil Kavuri(pty:pla), Attorney Barbara Cabrera Lewis added to party Skyler Lindeen (pty:pla), Attorney Barbara Cabrera Lewis added to party David Nicol (pty:pla), Attorney Barbara Cabrera Lewis added to party Gregg Podalsky (pty:pla), Attorney Barbara Cabrera Lewis added to party Alexander Chernyavsky (pty:conpla), Attorney Barbara Cabrera Lewis added to party Gary Gallant (pty:conpla), Attorney Barbara Cabrera Lewis added to party Edwin Garrison(pty:pla), Attorney Barbara Cabrera Lewis added to party Sunil Kavuri(pty:conpla), Attorney Barbara Cabrera Lewis added to party Skyler Lindeen (pty:conpla), Attorney Barbara Cabrera Lewis added to party David Nicol (pty:conpla), Attorney Barbara Cabrera Lewis added to party Gregg Podalsky (pty:conpla). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Lewis, Barbara)
Related: [-]
17 17 NOTICE of Attorney Appearance by Howard Mitchell Bushman on behalf of Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky. Attorney Howard Mitchell Bushman added to party Alexander Chernyavsky (pty:pla), Attorney Howard Mitchell Bushman added to party Gary Gallant (pty:pla), Attorney Howard Mitchell Bushman added to party Edwin Garrison(pty:pla), Attorney Howard Mitchell Bushman added to party Sunil Kavuri(pty:pla), Attorney Howard Mitchell Bushman added to party Skyler Lindeen (pty:pla), Attorney Howard Mitchell Bushman added to party David Nicol (pty:pla), Attorney Howard Mitchell Bushman added to party Gregg Podalsky (pty:pla), Attorney Howard Mitchell Bushman added to party Alexander Chernyavsky (pty:conpla), Attorney Howard Mitchell Bushman added to party Gary Gallant (pty:conpla), Attorney Howard Mitchell Bushman added to party Sunil Kavuri(pty:conpla), Attorney Howard Mitchell Bushman added to party Skyler Lindeen (pty:conpla), Attorney Howard Mitchell Bushman added to party David Nicol (pty:conpla), Attorney Howard Mitchell Bushman added to party Gregg Podalsky (pty:conpla). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Bushman, Howard)
Related: [-]
Wednesday, March 01, 2023
16 16 MOTION for Hearing PLAINTIFFS REQUEST FOR A BRIEF STATUS CONFERENCE by Alexander Chernyavsky, Gary Gallant, Edwin Garrison, Sunil Kavuri, Skyler Lindeen, David Nicol, Gregg Podalsky.Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Moskowitz, Adam)
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Att: 1 Text of Proposed Order
Tuesday, January 31, 2023
15 15 motion Appear Pro Hac Vice - aty Tue 01/31 12:35 PM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Susan E. Engel. Filing Fee $ 200.00 Receipt # FLSDC-16282395 by Tom Brady, Gisele Bundchen, Thomas Brady. Responses due by 2/14/2023Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Martinez, Roberto)
Related: [-]
Att: 1 Exhibit Certification,
Att: 2 Text of Proposed Order Proposed Order
14 14 motion Appear Pro Hac Vice - aty Tue 01/31 12:10 PM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marvin Putnam. Filing Fee $ 200.00 Receipt # FLSDC-16282263 by Tom Brady, Gisele Bundchen, Thomas Brady. Responses due by 2/14/2023Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Martinez, Roberto)
Related: [-]
Att: 1 Exhibit Certification,
Att: 2 Text of Proposed Order Proposed Order
13 13 motion Appear Pro Hac Vice - aty Tue 01/31 11:45 AM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Elizabeth A. Greenman. Filing Fee $ 200.00 Receipt # FLSDC-16282114 by Tom Brady, Gisele Bundchen, Thomas Brady. Responses due by 2/14/2023 Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM(Martinez, Roberto)
Related: [-]
Wednesday, January 25, 2023
12 12 notice Notice of Attorney Appearance Wed 01/25 6:06 PM
NOTICE of Attorney Appearance by Zachary Andrew Lipshultz on behalf of Tom Brady, Gisele Bundchen, Thomas Brady. Attorney Zachary Andrew Lipshultz added to party Tom Brady(pty:dft), Attorney Zachary Andrew Lipshultz added to party Gisele Bundchen(pty:dft), Attorney Zachary Andrew Lipshultz added to party Thomas Brady(pty:dft), Attorney Zachary Andrew Lipshultz added to party Gisele Bundchen(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Lipshultz, Zachary)
Related: [-]
11 11 notice Notice of Attorney Appearance Wed 01/25 5:59 PM
NOTICE of Attorney Appearance by Stephanie Anne Casey on behalf of Tom Brady, Gisele Bundchen, Thomas Brady. Attorney Stephanie Anne Casey added to party Tom Brady(pty:dft), Attorney Stephanie Anne Casey added to party Gisele Bundchen(pty:dft), Attorney Stephanie Anne Casey added to party Thomas Brady(pty:dft), Attorney Stephanie Anne Casey added to party Gisele Bundchen(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Casey, Stephanie)
Related: [-]
10 10 notice Notice of Attorney Appearance Wed 01/25 5:47 PM
NOTICE of Attorney Appearance by Roberto Martinez on behalf of Tom Brady, Gisele Bundchen. Attorney Roberto Martinez added to party Tom Brady(pty:dft), Attorney Roberto Martinez added to party Gisele Bundchen(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Martinez, Roberto)
Related: [-]
Tuesday, January 24, 2023
9 9 notice Notice of Attorney Appearance Tue 01/24 4:46 PM
NOTICE of Attorney Appearance by Katherine Ann Johnson on behalf of David Ortiz. Attorney Katherine Ann Johnson added to party David Ortiz(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Johnson, Katherine)
Related: [-]
8 8 notice Notice of Attorney Appearance Tue 01/24 2:29 PM
NOTICE of Attorney Appearance by Christopher Stephen Carver on behalf of David Ortiz. Attorney Christopher Stephen Carver added to party David Ortiz(pty:dft). Associated Cases: 1:22-cv-23753-KMM, 1:22-cv-23983-KMM (Carver, Christopher)
Related: [-]
Friday, December 09, 2022
7 7 PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:22-cv-23753-KMM and 1:22-cv-23983-KMM have common questions of fact and consolidation is appropriate. Accordingly, Case No. 1:22-cv-23983-KMM is hereby CONSOLIDATED with Case No. 1:22-cv-23753-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:22-cv-23983-KMM. All future filings MUST be made only in the lead case, Case No. 1:22-cv-23753-KMM . All pending motions, if any, in Case No. 1:22-cv-23983-KMM are DENIED AS MOOT. It is further ORDERED that Plaintiff shall file an amended complaint in Case No. 1:22-cv-23753-KMM within seven (7) days of the entry of this Order. The Court further VACATES the pretrial order entered in Case No. 1:22-cv-23983-KMM. Signed by Judge K. Michael Moore on 12/9/2022. (rfr)
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6 6 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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) 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 Judge K. Michael Moore on 12/9/2022. (rfr)
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5 5 2 pgs order Order Reassigning/Transferring Case Fri 12/09 9:37 AM
ORDER TRANSFERRING CASE to Judge K. Michael Moore for all further proceedings, accepted and signed on 12/8/2022. Judge Beth Bloom no longer assigned to case. Signed by Judge Beth Bloom on 12/8/2022. See attached document for full details. (ls)
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order Pretrial Order Fri 12/09 10:01 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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) 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 Judge K. Michael Moore on 12/9/2022. (rfr)
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order Order Dismissing/Closing Case or Party Fri 12/09 10:39 AM
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 1:22-cv-23753-KMM and 1:22-cv-23983-KMM have common questions of fact and consolidation is appropriate. Accordingly, Case No. 1:22-cv-23983-KMM is hereby CONSOLIDATED with Case No. 1:22-cv-23753-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:22-cv-23983-KMM. All future filings MUST be made only in the lead case, Case No. 1:22-cv-23753-KMM . All pending motions, if any, in Case No. 1:22-cv-23983-KMM are DENIED AS MOOT. It is further ORDERED that Plaintiff shall file an amended complaint in Case No. 1:22-cv-23753-KMM within seven (7) days of the entry of this Order. The Court further VACATES the pretrial order entered in Case No. 1:22-cv-23983-KMM. Signed by Judge K. Michael Moore on 12/9/2022. (rfr)
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utility Create Case Association Fri 12/09 1:15 PM
Cases associated. (ls)(per DE # 7 )
Related: [-]
Thursday, December 08, 2022
4 4 cmp Amended Complaint/Amended Notice of Removal Thu 12/08 3:01 PM
AMENDED COMPLAINT and Demand for Jury Trial against All Defendants, filed by Skyler Lindeen, Gregg Podalsky, Alexander Chernyavsky, Gary Gallant, David Nicol, Sunil Kavuri, Edwin Garrison.(Moskowitz, Adam)
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3 3 misc Bar Letter Thu 12/08 11:48 AM
Bar Letter re: Admissions sent to attorney David Boies and Alex Boies, mailing date December 8, 2022, (pt)
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Wednesday, December 07, 2022
2 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (aao)
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1 1 51 pgs cmp Complaint Wed 12/07 8:32 PM
COMPLAINT CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16155270, filed by Skyler Lindeen, Gregg Podalsky, Alexander Chernyavsky, Gary Gallant, David Nicol.(Moskowitz, Adam)
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Att: 1 Civil Cover Sheet
order Clerk's Notice of Judge Assignment and Optional Consent Thu 12/08 10:26 AM
Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (aao)
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