Perry Baromedical Corporation v. Colonel et al
| Florida Southern District Court | |
| Judge: | Melissa Damian |
| Referred: | Panayotta D Augustin-Birch |
| Case #: | 0:24-cv-60024 |
| Nature of Suit | 880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA) |
| Cause | 18:1836(b) Civil Action to Protect Trade Secrets |
| Case Filed: | Jan 05, 2024 |
| Terminated: | Oct 09, 2024 |
| Last checked: Friday Jul 05, 2024 4:31 AM EDT |
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Defendant
Gregory Colonel
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Defendant
RMDC-SER LLC
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Plaintiff
Perry Baromedical Corporation
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Represented By
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| Docket last updated: 17 minutes ago |
| Monday, January 06, 2025 | ||
| 32 | 32
respoth
Answer to Writ of Garnishment
Mon 01/06 2:49 PM
ANSWER to Writ of Garnishment by Bank of America, N.A.. Reply/Objections to Writ Answer due by 1/27/2025. (Noa, Joseph) |
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| Friday, December 13, 2024 | ||
| 31 | 31
order
Writ of Garnishment Issued (or Clks Ntc of Non-Issuance)
Fri 12/13 4:20 PM
WRIT OF GARNISHMENT issued as to Garnishee BANK OF AMERICA CORPORATION in the amount of $ $418,500.00 re:30 Motion for Writ filed by Perry Baromedical Corporation. (nan) |
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| Monday, December 02, 2024 | ||
| 30 | 30
motion
Writ (of Garnishment/Execution/Other)
Mon 12/02 3:28 PM
Plaintiff's MOTION for Writ of Garnishment on Bank of America Corporation by Perry Baromedical Corporation.(Sconzo, Gregory) |
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Att: 1
Text of Proposed Order
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| Wednesday, October 09, 2024 | ||
| 29 | 29
2
pgs
order
Order Dismissing/Closing Case or Party
Wed 10/09 2:59 PM
ORDER OF DISMISSAL AS TO DEFENDANT GREGORY COLONEL AND ADMINISTRATIVELY CLOSING CASE. Signed by Judge Melissa Damian on 10/9/2024. See attached document for full details. (caw) |
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| 28 | 28
13
pgs
order
Order on Motion for Default Judgment
Wed 10/09 2:55 PM
ORDER GRANTING17 MOTION FOR ENTRY OF DEFAULT JUDGMENT. The Court enters a DECLARATORY JUDGMENT that Defendant RMDC-SER is in violation of the Defendant Trade Secrets Act, 18 U.S.C. § 1836, Florida's Uniform Trade Secrets Act, § 688.001, Florida Statutes, and has engaged in the tortious interference with Plaintiff's business relationships. Signed by Judge Melissa Damian on 10/9/2024. See attached document for full details. (caw) |
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| Wednesday, August 21, 2024 | ||
| 27 | 27
10
pgs
order
Order on Motion for Miscellaneous Relief
Wed 08/21 11:48 AM
ORDER DENYING24 PLAINTIFF'S MOTION FOR LEAVE FOR SERVICE BY ALTERNATIVE METHOD. Signed by Judge Melissa Damian on 8/21/2024. See attached document for full details. (caw) |
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| Monday, June 03, 2024 | ||
| 26 | 26
notice
Notice (Other)
Mon 06/03 10:48 AM
NOTICE of Filing Proposed Order by Perry Baromedical Corporation re24 Plaintiff's MOTION For Leave for Service by Alternative Method (Sconzo, Gregory) |
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Att: 1
Text of Proposed Order
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| Thursday, May 16, 2024 | ||
| 25 | 25
misc
Response to Order to Show Cause
Thu 05/16 1:50 PM
RESPONSE TO ORDER TO SHOW CAUSE re18 Order to Show Cause by Perry Baromedical Corporation. (Sconzo, Gregory) |
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| 24 | 24
motion
Miscellaneous Relief
Thu 05/16 1:46 PM
Plaintiff's MOTION For Leave for Service by Alternative Method by Perry Baromedical Corporation.(Sconzo, Gregory) |
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Att: 1
Exhibit Colonel Resume,
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Att: 2
Exhibit Colonel Emails
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| 23 | 23
misc
Affidavit
Thu 05/16 12:52 PM
AFFIDAVIT of Diligent Search and Inquiry for Defendant, Gregory Colonel signed by: Samantha Simpson re3 Summons Issued by Perry Baromedical Corporation(Simpson, Samantha) |
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Att: 1
Exhibit Internet Search Results,
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Att: 2
Exhibit Skip Trace Results,
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Att: 3
Exhibit Military Status Report,
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Att: 4
Exhibit Inmate Search Results,
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Att: 5
Exhibit Voter Records,
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Att: 6
Exhibit USPS Letters
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| 22 | 22
notice
Notice of Attorney Appearance
Thu 05/16 12:40 PM
NOTICE of Attorney Appearance by Samantha Lyn Simpson on behalf of Perry Baromedical Corporation. Attorney Samantha Lyn Simpson added to party Perry Baromedical Corporation(pty:pla). (Simpson, Samantha) |
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| 21 | 21
service
Summons (Affidavit) Returned Unexecuted
Thu 05/16 12:34 PM
Summons (Affidavit) Returned Unexecuted by Perry Baromedical Corporation as to Gregory Colonel. (Sconzo, Gregory) |
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| 20 | 20
service
Summons (Affidavit) Returned Unexecuted
Thu 05/16 12:34 PM
Summons (Affidavit) Returned Unexecuted by Perry Baromedical Corporation as to Gregory Colonel. (Sconzo, Gregory) |
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| 19 | 19
service
Summons (Affidavit) Returned Unexecuted
Thu 05/16 12:33 PM
Summons (Affidavit) Returned Unexecuted by Perry Baromedical Corporation as to Gregory Colonel. (Sconzo, Gregory) |
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| Wednesday, May 15, 2024 | ||
| 18 | 18
2
pgs
order
Order to Show Cause
Wed 05/15 4:40 PM
ORDER TO SHOW CAUSE. Show Cause Response due by 5/21/2024. Signed by Judge Melissa Damian on 5/15/2024. See attached document for full details. (caw) |
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| Thursday, April 25, 2024 | ||
| 17 | 17
motion
Default Judgment
Thu 04/25 5:20 PM
Plaintiff's MOTION for Default Judgment on Liability and Partial Damages by Perry Baromedical Corporation.(Sconzo, Gregory) |
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Att: 1
Exhibit Affidavit of Mary Pat Finn,
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Att: 2
Text of Proposed Order Order Granting Motion for Default Judgment,
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Att: 3
Text of Proposed Order Final Default Judgment
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| Thursday, April 11, 2024 | ||
| 16 | 16
order
Order on Motion for Extension of Time
Thu 04/11 4:43 PM
PAPERLESS ORDER. THIS CAUSE is before the Court on15 Plaintiff's Second Motion for Extension of Time to File for Default Final Judgment Against Defendant, RMDC-SER, LLC. The Court has reviewed the Motion and the pertinent portions of the record and is otherwise fully advised in the premises. After continued unsuccessful attempts to effectuate service on Defendant Gregory Colonel, who is the sole operator and owner of Defendant RMDC-SER, LLC, Plaintiff notes that it will likely seek to serve Defendant Colonel via publication and requests a fourteen (14) day extension of time to file the motion for default final judgment against RMDC-SER, LLC. Finding good cause shown, Plaintiff's Motion is GRANTED. Accordingly, Plaintiff shall move for default final judgment against Defendant RMDC-SER, LLC no later than April 25, 2024 . No further extensions will be granted absent a showing of compelling circumstances. Signed by Judge Melissa Damian on 4/11/2024. (cos) |
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| 15 | 15
motion
Extension of Time
Thu 04/11 2:41 PM
Plaintiff's MOTION for Extension of Time to File Motion for Default Final Judgment against Defendant, RMDC-SER, LLC re 11 Order on Motion for Extension of Time,,, by Perry Baromedical Corporation. Responses due by 4/25/2024.(Sconzo, Gregory) |
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Att: 1
Text of Proposed Order
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| Tuesday, March 19, 2024 | ||
| 14 | 14
2
pgs
order
Order Reassigning/Transferring Case - NEW District Judge
Tue 03/19 10:28 AM
ORDER REASSIGNING CASE to Judge Melissa Damian for all further proceedings, Judge Donald M. Middlebrooks no longer assigned to case. Signed by Judge Donald M. Middlebrooks on 3/15/2024. See attached document for full details. (jmd) |
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| Tuesday, March 12, 2024 | ||
| 13 | 13
order
Scheduling Order Order Referring Case to Mediation
Wed 03/13 11:49 AM
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 3/26/2024. Discovery due by 7/11/2024. Fact Discovery due by 7/11/2024. Expert Discovery due by 7/11/2024. Joinder of Parties due by 3/26/2024. In Limine Motions due by 7/25/2024. Dispositive Motions due by 7/25/2024. Motions due by 7/25/2024. Pretrial Stipulation due by 8/26/2024. JURY TRIAL set for 9/23/2024 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. CALENDAR CALL set for 9/18/2024 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 3/12/2024. See attached document for full details. (caw) |
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| 12 | 12
minutes
Scheduling Conference
Tue 03/12 3:00 PM
PAPERLESS Minute Entry for proceeding held before Magistrate Judge Panayotta D. Augustin-Birch: Scheduling Conference held on 3/12/2024. Total time in court: 0 hours : 15 minutes. Attorney Appearance: Gregory Steven Sconzo. (sk01) |
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| Thursday, March 07, 2024 | ||
| 11 | 11
order
Order on Motion for Extension of Time
Thu 03/07 4:33 PM
PAPERLESS ORDER granting10 Motion for Extension of Time. Plaintiff requests an additional 30 days to file its Motion for Default Judgment against Defendant RMDC-SER, LLC. In support, Plaintiff represents that it is attempting to effectuate service on the individual Defendant Gregory Colonel and that the claims against both Defendants overlap, given that Mr. Colonel is the sole operator and owner of Defendant RMDC-SER, LLC. Plaintiff states that it has made multiple active efforts to effectuate service on Mr. Colonel. Good cause having been shown, the motion is granted. Plaintiff shall move for default final judgment against Defendant RMDC-SER, LLC no later than April 11, 2024. Signed by Judge Donald M. Middlebrooks on 3/7/2024. (kid) |
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| Tuesday, March 05, 2024 | ||
| 10 | 10
motion
Extension of Time
Tue 03/05 1:57 PM
Plaintiff's MOTION for Extension of Time to File Motion for Final Default Judgment by Perry Baromedical Corporation. Responses due by 3/19/2024.(Sconzo, Gregory) |
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Att: 1
Text of Proposed Order
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| Tuesday, February 27, 2024 | ||
| 9 | 9
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines
Tue 02/27 2:57 PM
PAPERLESS ORDER. On February 26, 2024, Plaintiff moved for Clerk's Entry of Default as to defendant RMDC-SER, LLC. (DE6 ). The motion was granted on February 27, 2024 (DE 7 ). Accordingly, if Plaintiff intends to move for default final judgment, it must do so on or before March 12, 2024. Moreover, Plaintiff is advised that pursuant to S.D. Fla. Local Rule 7.1(a)(2), motions for default judgment must be "accompanied by a proposed order that is filed and submitted via e-mail to the Court as prescribed by Section 3I(6) of the CM/ECF Administrative Procedures." The proposed order must contain legal analysis as to the claims on which Plaintiff is seeking default final judgment and how the pled facts, taken as true, justify awarding Plaintiff default judgment. Plaintiff must ensure that its proposed order with the court is emailed in Word format to the court's e-filing address: middlebrooks@flsd.uscourts.gov. If no timely motion and appropriate proposed order are filed, this matter is subject to dismissal without prejudice for failure to abide by court orders. Signed by Judge Donald M. Middlebrooks on 2/27/2024. (kid) |
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order
Order Setting/Resetting/Cancelling Hearing
Tue 02/27 10:11 AM
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on March 12, 2024, at 2:45 p.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 2/27/2024. (sk01) |
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| Monday, February 26, 2024 | ||
| 7 | 7
order
Clerk's Entry/Non-Entry of Default - FORM
Mon 02/26 4:01 PM
Clerk's Entry of Default as to RMDC-SER LLC. Signed by DEPUTY CLERK on 2/26/2024. (jas) |
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| 6 | 6
motion
Clerk's Entry of Default
Mon 02/26 2:06 PM
Plaintiff's MOTION for Clerk's Entry of Default as to RMDC-SER LLC by Perry Baromedical Corporation.(Sconzo, Gregory) |
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Att: 1
Exhibit Return of Service,
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Att: 2
Exhibit Docket Sheet
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| Tuesday, February 20, 2024 | ||
| 5 | 5
order
Scheduling Order Order Referring Case to Magistrate Judge
Tue 02/20 4:22 PM
ORDER REFERRING CASE AND SETTING TRIAL DATE: JURY TRIAL set for 9/23/2024 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. CALENDAR CALL set for 9/18/2024 at 01:15 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request, with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 2/20/2024. See attached document for full details. (caw) |
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| Thursday, January 25, 2024 | ||
| 4 | 4
service
Summons (Affidavit) Returned Executed
Thu 01/25 3:26 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Perry Baromedical Corporation. RMDC-SER LLC served on 1/24/2024, response/answer due 2/14/2024. (Sconzo, Gregory) |
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| Friday, January 05, 2024 | ||
| 3 | 3
service
Summons Issued
Fri 01/05 3:11 PM
Summons Issued as to Gregory Colonel, and RMDC-SER LLC. (caw) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 01/05 3:06 PM
Clerk's Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (caw) |
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32
pgs
cmp
Complaint
Fri 01/05 12:44 PM
COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17191027, filed by Perry Baromedical Corporation.(Sconzo, Gregory) |
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Att: 1
Exhibit Non-Compete Agreement,
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Att: 2
Exhibit Notice Letter,
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Att: 3
Exhibit Response to Notice Letter,
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Att: 4
Civil Cover Sheet,
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Att: 5
Summon(s),
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Att: 6
Summon(s)
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