Case Details

CourtMiddle District of Florida
Docket number6:16-cv-00443
Date case filed2016-03-17
Date case closed
Date of latest filing
Assigned toJudge Carlos E. Mendoza
Case causeRestrictions on Use of Telephone Equipment
Nature of suit890 Other Statutory Actions
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Mark Preman
Party type: Plaintiff
o/b/o himself and all others similarly situated
Attorney name: John Allen Yanchunis , Sr.
Attorney Contact:
Morgan & Morgan, PA
201 N Franklin St Fl 7
Tampa, FL 33602-5157
813-223-5505
Fax: 813-223-5402
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jonathan Betten Cohen
Attorney Contact:
Morgan & Morgan, PA
201 N Franklin St Fl 7
Tampa, FL 33602-5157
813/223-5505
Fax: 813/222-2434
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Octavio Gomez
Attorney Contact:
Morgan & Morgan, PA
201 N Franklin St Fl 7
Tampa, FL 33602-5157
813/223-5505
Fax: 813/222-4797
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Pollo Operations, Inc.
Party type: Defendant
Attorney name: Jason L. Margolin
Attorney Contact:
Akerman LLP - Tampa
401 E Jackson St Ste 1700
Tampa, FL 33602-5250
813.209.5009
Fax: 813.223.2837
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jeffrey J. Mayer
Attorney Contact:
Akerman LLP
71 S Wacker Dr 46th Flr
Chicago, IL 60606
312-634-5700
Fax: 312-424-1900
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Kelly J. H. Garcia
Attorney Contact:
Akerman LLP
420 S Orange Ave., Ste 1200
Orlando, FL 32801
407/419-8455
Fax: 407/254-4192
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lawrence D. Silverman
Attorney Contact:
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh St Ste 1100
Miami, FL 33131-1714
305/374-5600
Fax: 305/374-5095
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Sandra Jessica Millor
Attorney Contact:
Akerman LLP
Three Brickell City Centre
98 Southeast Seventh St Ste 1100
Miami, FL 33131-1714
305/374-5600
Fax: 305/374-5095
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-03-17 COMPLAINT against Pollo Operations, Inc. with Jury Demand (Filing fee $ 400 receipt number tpa035581) filed by Mark Preman. (Attachments: # 1 Civil Cover Sheet)(BSN) (Entered: 03/17/2016)
1.1 Civil Cover Sheet
22016-03-17 SUMMONS issued as to Pollo Operations, Inc. (BSN) (Entered: 03/17/2016)
32016-03-18 NOTICE of pendency of related cases per Local Rule 1.04(d) by Mark Preman. Related case(s): No (Cohen, Jonathan) (Entered: 03/18/2016)
42016-03-22 Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Pollo Operations, Inc.. (Millor, Sandra) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 3/22/2016 (IGC). (Entered: 03/22/2016)
52016-03-28 JUDICIAL DISCLOSURE ORDER: If all parties wish to waive the undersigned's presumptive disqualification, then a joint written notice must be filed within seven (7) calendar days from the date of this order. As set forth herein, if no notice is filed in the time provided, then the undersigned will recuse and direct the Clerk to reassign this case to another United States Magistrate Judge. Signed by Magistrate Judge Gregory J. Kelly on 3/28/2016. (MDH) (Entered: 03/28/2016)
62016-03-30 ORDER reassigning this case to another District Judge for all further proceedings. Signed by Senior Judge G. Kendall Sharp on 3/30/2016. (SC) (Entered: 03/30/2016)
72016-03-30 Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:16-cv-443-ORL-41-GJK. Senior Judge G. Kendall Sharp no longer assigned to the case. (EJS) (Entered: 03/30/2016)
82016-03-30 Rule 7.1 CERTIFICATE of Interested Persons by Mark Preman (Cohen, Jonathan) Modified on 3/31/2016 (SWT). (Entered: 03/30/2016)
92016-04-01 Joint Notice of Consent to Magistrate Judge Kelly re: 5 Order by Pollo Operations, Inc. . (Millor, Sandra) Modified on 4/4/2016 (LMM). (Entered: 04/01/2016)
102016-04-05 ENDORSED ORDER granting 4 Defendant's Unopposed Motion for Extension of Time to Respond to the Class Action Complaint. Defendant shall file its response to the complaint on or before May 23, 2016. Signed by Magistrate Judge Gregory J. Kelly on 4/5/2016. (MDH) (Entered: 04/05/2016)
112016-04-11 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Carlos E. Mendoza on 4/11/2016. CTP(DJD) (Entered: 04/11/2016)
122016-04-11 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 4/25/2016. Signed by Judge Carlos E. Mendoza on 4/11/2016. CTP(DJD) (Entered: 04/11/2016)
132016-04-25 CERTIFICATE of interested persons and corporate disclosure statement re 12 Interested persons order by Pollo Operations, Inc.. (Millor, Sandra) (Entered: 04/25/2016)
142016-05-02 Unopposed MOTION to Appear Telephonically at Case Management Conference by Pollo Operations, Inc. (Millor, Sandra) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 5/3/2016 (JET). (Entered: 05/02/2016)
152016-05-09 ENDORSED ORDER granting 14 Motion to Appear Telephonically at case management conference, provided the parties agree on the essentials of the case management report. Signed by Magistrate Judge Gregory J. Kelly on 5/9/2016. (PAB) (Entered: 05/09/2016)
162016-05-12 CASE MANAGEMENT REPORT. (Cohen, Jonathan) (Entered: 05/12/2016)
172016-05-23 MOTION to Dismiss Class Action Complaint Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) by Pollo Operations, Inc.. (Attachments: # 1 Exhibit A)(Millor, Sandra) Modified on 5/24/2016 (JET). (Entered: 05/23/2016)
182016-05-23 MOTION to stay Proceedings by Pollo Operations, Inc. (Attachments: # 1 Exhibit A to Motion to Stay Proceedings, # 2 Exhibit B to Motion to Stay Proceedings)(Millor, Sandra) Modified on 5/24/2016 (JET). (Entered: 05/23/2016)
192016-05-25 Unopposed MOTION for Extension of Time until 6/20/16 to File Response/Reply as to 17 MOTION to Dismiss Class Action Complaint , and 18 MOTION to stay Proceedings by Mark Preman. (Cohen, Jonathan) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 5/26/2016 (JET). (Entered: 05/25/2016)
202016-05-26 ORDER granting 19 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss and Motion to Stay Proceedings. As stated herein, Plaintiff shall file his responses to the Motions (Doc. Nos. 17; 18) on or before June 20, 2016. Signed by Magistrate Judge Gregory J. Kelly on 5/26/2016. (MDH) (Entered: 05/26/2016)
212016-06-16 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/1/2016, Joinder of Parties due by 8/1/2016, Discovery due by 9/1/2017, Dispositive motions due by 10/2/2017, Pretrial statement due by 2/12/2018, All other motions due by 1/5/2018, Plaintiff disclosure of expert report due by 1/13/2017, Defendant disclosure of expert report due by 2/10/2017, Trial Status Conference set for 2/15/2018 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Jury Trial set for the trial term commencing 3/5/2018 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 9/19/2016. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 6/16/2016. (DJD) (Entered: 06/16/2016)
222016-06-16 CASE REFERRED to Mediation; Donna C. Doyle appointed Mediator. (JET) (Entered: 06/17/2016)
232016-06-20 RESPONSE to Motion re 17 MOTION to Dismiss Class Action Complaint Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) filed by Mark Preman. (Cohen, Jonathan) (Entered: 06/20/2016)
242016-06-20 RESPONSE to Motion re 18 MOTION to stay Proceedings filed by Mark Preman. (Cohen, Jonathan) (Entered: 06/20/2016)
252016-06-24 Unopposed MOTION for leave to file Reply Briefs by Pollo Operations, Inc. (Millor, Sandra) Modified on 6/27/2016 (JET). (Entered: 06/24/2016)
262016-06-28 ENDORSED ORDER granting 25 Motion for Leave to File Reply which shall not exceed 10 pages and which shall be filed no later than July 8, 2016. Signed by Magistrate Judge Thomas B. Smith on 6/28/2016. (Smith, Thomas) (Entered: 06/28/2016)
272016-07-08 REPLY to 23 Response to Motion re 17 MOTION to Dismiss Class Action Complaint Pursuant to F.R.C.P. 12(b)(1) and 12(b)(6) filed by Pollo Operations, Inc.. (Millor, Sandra) Modified on 7/11/2016 (JET). (Entered: 07/08/2016)
282016-07-08 REPLY to 24 Response to Motion re 18 MOTION to stay Proceedings filed by Pollo Operations, Inc.. (Millor, Sandra) Modified on 7/11/2016 (JET). (Entered: 07/08/2016)
292016-08-16 NOTICE OF SELECTION of Brian F. Spector as mediator by Pollo Operations, Inc., and Mark Preman. (Millor, Sandra) Modified on 8/17/2016 (JET). (Entered: 08/16/2016)
302016-09-02 Joint MOTION to extend time until 10/17/16 to Mediate by Pollo Operations, Inc., and Mark Preman. (Millor, Sandra) Modified on 9/6/2016 (JET). (Entered: 09/02/2016)
312016-09-06 ENDORSED ORDER granting 30 Motion to extend time. The parties shall conduct mediation on or before October 17, 2016. Signed by Judge Carlos E. Mendoza on 9/6/2016. (KMS) (Entered: 09/06/2016)
322016-10-10 Unopposed MOTION for Jeffrey J. Mayer to appear pro hac vice by Pollo Operations, Inc.. (Attachments: # 1 Exhibit Special Admission Attorney Certificate for Jeffrey J. Mayer)(Millor, Sandra) Motions referred to Magistrate Judge Gregory J. Kelly. (Entered: 10/10/2016)
332016-10-13 ORDER granting 32 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 10/13/2016. (PAB) (Entered: 10/13/2016)
342016-10-13 Unopposed MOTION to Appear Telephonically at Mediation Conference by Mark Preman. (Cohen, Jonathan) Motions referred to Magistrate Judge Gregory J. Kelly. (Entered: 10/13/2016)
352016-10-17 ENDORSED ORDER denying for failure to demonstrate good cause 34 Motion to Appear Telephonically at Mediation. Signed by Magistrate Judge Gregory J. Kelly on 10/17/2016. (PAB) (Entered: 10/17/2016)
362016-10-24 MEDIATION report Hearing held on October 17, 2016. Hearing outcome: Settled.. (Millor, Sandra) (Entered: 10/24/2016)
372017-01-23 ORDER that on or before January 30, 2017, the parties shall file either a motion for settlement approval or a status report as to the settlement or further litigation of this case. Signed by Judge Carlos E. Mendoza on 1/23/2017. (DJD) (Entered: 01/23/2017)
382017-01-30 STATUS report by Mark Preman. (Attachments: # 1 Exhibit Stipulation and Agreement of Settlement)(Cohen, Jonathan) (Entered: 01/30/2017)
38.1 Exhibit Stipulation and Agreement of Settlement
392017-01-31 NOTICE of Appearance by Lawrence D. Silverman on behalf of Pollo Operations, Inc. (Silverman, Lawrence) (Entered: 01/31/2017)
402017-02-03 Unopposed MOTION for Preliminary Approval of Class Action Settlement and Certification by Mark Preman. (Cohen, Jonathan) Modified on 2/6/2017 (JET). (Entered: 02/03/2017)
412017-02-03 MEMORANDUM in support re 40 Unopposed MOTION for Preliminary Approval of Class Action Settlement and Certification filed by Mark Preman. (Attachments: # 1 Exhibit Stipulation & Agreement of Settlement, # 2 Text of Proposed Order Proposed Final Judgment & Order of Dismissal with Prejudice, # 3 Text of Proposed Order Proposed Order Preliminarily Approving Settlement & Providing for Class Notice, # 4 Exhibit PostCard Notice of Settlement, # 5 Exhibit Declaration of Mark Preman, # 6 Exhibit Declaration of John Yanchunis, # 7 Exhibit Firm Bio, # 8 Exhibit Chart of TCPA Class Settlements, # 9 Exhibit Declaration of Steve Weisbrot)(Cohen, Jonathan) Modified on 2/6/2017 (JET). (Entered: 02/03/2017)
422017-02-11 ENDORSED ORDER denying as moot 17 Motion to Dismiss and 18 Motion to Stay and staying all deadlines in this case in light of 40 Unopposed Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Carlos E. Mendoza on 2/11/2017. (KMS) (Entered: 02/11/2017)
432017-02-23 NOTICE of Appearance by Kelly J. H. Garcia on behalf of Pollo Operations, Inc. (Garcia, Kelly) (Entered: 02/23/2017)
442017-05-15 REPORT AND RECOMMENDATIONS regarding 40 Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement and Certification of Settlement Class. In order to expedite the final disposition of this matter, if the parties have no objection to this report and recommendation, they may promptly file a joint notice of no objection. Signed by Magistrate Judge Gregory J. Kelly on 5/15/2017. (DWG) (Entered: 05/15/2017)
452017-05-26 RESPONSE re 44 REPORT AND RECOMMENDATIONS re 40 Unopposed MOTION for Preliminary Approval of Class Action Settlement and Certification filed by Mark Preman. JOINT WAIVER OF OBJECTION filed by Mark Preman. (Yanchunis, John) (Entered: 05/26/2017)