Anderson et al v. Amway/Quixtar, Inc. et al Assigned to: Judge Henry Lee Adams, Jr Referred to: Magistrate Judge James R. Klindt Cause: 28:1332 Diversity-Fraud |
Date Filed: 09/05/2007 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Bruce Anderson | represented by | Bruce Anderson
11211 Portside Dr. Jacksonville, FL 32225 (904) 923-5286 PRO SE |
| Plaintiff | ||
| Wendy Anderson | represented by | Wendy Anderson
11211 Portside Dr. Jacksonville, FL 32225 (904) 923-5286 PRO SE |
V. | ||
| Defendant | ||
|
Amway/Quixtar, Inc. a corporation |
represented by | Sarah G. Maroon
Akerman Senterfitt Suite 2500 50 N Laura St Jacksonville, FL 32202 904/798-3700 Fax: 904-798-3730 Email: sarah.maroon@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Michael Young McCormick | ||
| Defendant | ||
| Donald E. Christopher | represented by | Keith E. Rounsaville
Litchford & Christopher, PA 390 N Orange Ave - Ste 2200 PO Box 1549 Orlando, FL 32802-1549 407-422-6600 Fax: 407-841-0325 Email: krounsaville@litchfordchristopher.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Donald E. Christopher Litchford & Christopher, PA 390 N Orange Ave - Ste 2200 PO Box 1549 Orlando, FL 32802-1549 407/422-6600 Fax: 407-841-0325 Email: dchristopher@litchfordchristopher.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Hal Gooch | represented by | William E. West, Jr.
Law Office of William E. West, Jr. Suite 703 3000 Bethesda Place Winston-Salem, NC 27103 336/659-9636 Fax: 336/659-0551 LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
| 09/05/2007 | 1 | COMPLAINT against Amway/Quixtar, Inc., Michael Young McCormick, Donald E. Christopher ; jury demand (Filing fee $ 350 receipt number J026843) filed by Bruce Anderson, Wendy Anderson. (Attachments: # 1 Exhibits)(JMAP, ) (Entered: 09/06/2007) |
| 09/06/2007 | 2 | AMENDED STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Jacksonville Divisional Judges on 5/25/05. (JMAP, ) (Entered: 09/06/2007) |
| 09/07/2007 | 3 | NOTICE of designation under Local Rule 3.05 - Track 2. Signed by Judge Henry Lee Adams Jr. on 9/7/2007. (MO) (Entered: 09/07/2007) |
| 11/05/2007 | Case Reassigned to Judge James R. Klindt. New case number: 3:07-cv-844-J-25JRK. Judge Thomas E. Morris no longer assigned to the case. (LRB) (Entered: 11/05/2007) | |
| 12/12/2007 | 4 | AMENDED COMPLAINT against Hal Gooch, Amway/Quixtar, Inc., Michael Young McCormick, Donald E. Christopher with Jury Demand filed by Hal Gooch, Bruce Anderson, Wendy Anderson. Related document: 1 Complaint filed by Bruce Anderson, Wendy Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(PAM) (Entered: 12/12/2007) |
| 12/13/2007 | Summons issued as to Hal Gooch, Amway/Quixtar, Inc., Michael Young McCormick, Donald E. Christopher. (PAM) (Entered: 12/13/2007) | |
| 12/26/2007 | 5 | MOTION to Dismiss for Lack of Jurisdiction by Donald E. Christopher. (Rounsaville, Keith) (Entered: 12/26/2007) |
| 12/28/2007 | 6 | MOTION to amend jurisdiction qualification 4 Amended complaint by Bruce Anderson, Wendy Anderson. (SJW) Modified on 12/31/2007 (EAM). (Entered: 12/28/2007) |
| 01/02/2008 | 7 | RETURN of service executed on 12/15/2007 by Bruce Anderson, Wendy Anderson as to Hal Gooch. (PAM) (Entered: 01/03/2008) |
| 01/02/2008 | 8 | RETURN of service executed on 12/18/2007 by Bruce Anderson, Wendy Anderson as to Amway/Quixtar, Inc. (PAM) (Entered: 01/03/2008) |
| 01/02/2008 | 9 | RETURN of service executed on 12/20/2007 by Bruce Anderson, Wendy Anderson as to Michael Young McCormick. (PAM) (Entered: 01/03/2008) |
| 01/02/2008 | 10 | MOTION for William E. West. Jr. to appear pro hac vice by Hal Gooch. (PAM) Motions referred to Magistrate Judge James R. Klindt. Modified on 1/3/2008 (PAM). (Counsel notified to use correct case number on future pleadings) (Entered: 01/03/2008) |
| 01/02/2008 | 11 | MOTION for extension of time to file answer or otherwise plead re 4 Amended complaint, by Hal Gooch. (PAM) Motions referred to Magistrate Judge James R. Klindt. Modified on 1/3/2008 (PAM). (Counsel notified to use correct case number on future pleadings) (Entered: 01/03/2008) |
| 01/03/2008 | 12 | MOTION to vacate arbitration award by Bruce Anderson, Wendy Anderson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(SJW) (Entered: 01/03/2008) |
| 01/03/2008 | 13 | MEMORANDUM in opposition re 6 Motion to amend/correct Based on Lack of Jurisdiction filed by Donald E. Christopher. (Rounsaville, Keith) (Entered: 01/03/2008) |
| 01/04/2008 | 14 | ORDER granting 11 Motion for extension of time to answer or respond. Hal Gooch's answer due 1/24/2008. Signed by Magistrate Judge James R. Klindt on 1/4/2008. (JW) (Entered: 01/04/2008) |
| 01/04/2008 | 15 | NOTICE of Appearance by Donald E. Christopher on behalf of Donald E. Christopher (Christopher, Donald) (Entered: 01/04/2008) |
| 01/07/2008 | 16 | MOTION for extension of time to file answer or otherwise plead by Amway/Quixtar, Inc.. (Maroon, Sarah) Motions referred to Magistrate Judge James R. Klindt. (Entered: 01/07/2008) |
| 01/07/2008 | 17 | CERTIFICATE OF SERVICE by Bruce Anderson, Wendy Anderson re 12 MOTION to vacate (SJW) (Entered: 01/09/2008) |
| 01/07/2008 | 19 | RETURN of service executed on 12/20/07 as to Donald E. Christopher. (SJW) (Entered: 01/09/2008) |
| 01/08/2008 | 18 | MOTION to file corrected civil cover sheet by Bruce Anderson, Wendy Anderson. (SJW) Modified on 1/10/2008 text only(EAM). (Entered: 01/09/2008) |
| 01/09/2008 | 20 | ORDER granting, in part, and denying, in part 16 Defendant Quixtar Inc.'s Motion for Enlargement of Time to File Its Answer or Otherwise Responsive Pleadings to Plaintiffs' Amended Complaint. Response due January 31, 2008. Signed by Magistrate Judge James R. Klindt on 1/9/2008. (JW) (Entered: 01/09/2008) |
| 01/09/2008 | 22 | ANSWER to 1 Complaint by Michael Young McCormick.(SJW) (Entered: 01/11/2008) |
| 01/10/2008 | 21 | ORDER denying without prejudice 10 motion to appear pro hac vice. Signed by Magistrate Judge James R. Klindt on 1/10/2008. (JW) (Entered: 01/10/2008) |
| 01/11/2008 | 23 | MEMORANDUM in support re 12 Motion to vacate filed by Bruce Anderson, Wendy Anderson. (SJW) (Modified on 1/14/2008 as to correct PDF document)(SJW). (Entered: 01/11/2008) |
| 01/15/2008 | 24 | Second MEMORANDUM in support re 12 Motion to vacate filed by Bruce Anderson, Wendy Anderson. (Attachments: # 1 Exhibit)(SJW) (Entered: 01/16/2008)Ex 1-2-3-4-5-6-6a |
| 01/16/2008 | 25 | MOTION for Extension of Time to File Response/Reply as to 12 MOTION to vacate by Amway/Quixtar, Inc.. (Maroon, Sarah) Motions referred to Magistrate Judge James R. Klindt. (Entered: 01/16/2008) |
| 01/17/2008 | 26 | MEMORANDUM in support re 12 Motion to vacate filed by Bruce Anderson, Wendy Anderson. (EAM) (Entered: 01/17/2008) Exhibits |
| 01/18/2008 | 27 | RESPONSE to motion re 25 MOTION for Extension of Time to File Response/Reply as to 12 MOTION to vacate filed by Bruce Anderson, Wendy Anderson. (EAM) (Entered: 01/18/2008) |
| 01/23/2008 | 28 | RESPONSE re 22 Answer to complaint filed by Bruce Anderson, Wendy Anderson. (EAM) (Entered: 01/23/2008) Ordered Struck from record? |
| 01/24/2008 | 29 | ORDER denying 5 Motion to Dismiss; granting 6 Motion to Amend; denying 18 Motion to File Corrected Civil Cover Sheet; granting 25 Motion for Extension of Time to File Response to Motion to Vacate -- the response is due 1/31/2008; striking and directing the Clerk to delete 28 Response to Answer from the docket. Signed by Judge Henry Lee Adams, Jr. on 1/24/2008. (MO) (Entered: 01/24/2008) |
| 01/24/2008 | 30 | MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(1) by Hal Gooch. (Freire, Leora) (Entered: 01/24/2008) |
| 01/24/2008 | 31 | MEMORANDUM in support re 30 Motion to Dismiss/Lack of Jurisdiction Pursuant to Rule 12(b)(1) filed by Hal Gooch. (Freire, Leora) (Entered: 01/24/2008) |
| 01/24/2008 | 32 | MOTION to dismiss Complaint for Failure to State a Claim Pursuant to Rule 12(b)(6) by Hal Gooch. (Freire, Leora) (Entered: 01/24/2008) |
| 01/24/2008 | 33 | MEMORANDUM in support re 32 Motion to dismiss Complaint for Failure to State a Claim Pursuant to Rule 12(b)(6) filed by Hal Gooch. (Freire, Leora) (Entered: 01/24/2008) |
| 01/28/2008 | 36 | MOTION for clarification re 29 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on motion to amend/correct, Order on Motion for Extension of Time to File Response/Reply, by Bruce Anderson, Wendy Anderson. (SJW) (Entered: 01/30/2008) |
| 01/28/2008 | 37 | MOTION for William E. West, Jr. to appear pro hac vice by Hal Gooch. (SJW) Motions referred to Magistrate Judge James R. Klindt. (Entered: 01/30/2008) |
| 01/29/2008 | 34 | MOTION for Timothy Q. Delaney to appear pro hac vice by Amway/Quixtar, Inc.. (Maroon, Sarah) Motions referred to Magistrate Judge James R. Klindt. (Entered: 01/29/2008) |
| 01/29/2008 | 35 | MOTION for Jon H. Beaupre to appear pro hac vice by Amway/Quixtar, Inc.. (Maroon, Sarah) Motions referred to Magistrate Judge James R. Klindt. (Entered: 01/29/2008) |
| 01/31/2008 | 38 | ANSWER and affirmative defenses to 4 Amended complaint,, by Amway/Quixtar, Inc..(Maroon, Sarah) (Entered: 01/31/2008) |
| 01/31/2008 | 39 | RESPONSE in opposition re 12 MOTION to vacate filed by Amway/Quixtar, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Maroon, Sarah) (Entered: 01/31/2008) |
| 02/05/2008 | 40 | ORDER granting 34 motion to appear pro hac vice; granting 35 motion to appear pro hac vice. Signed by Magistrate Judge James R. Klindt on 2/5/2008. (JW) (Entered: 02/05/2008) |
| 02/05/2008 | 42 | RESPONSE to motion re 32 MOTION to dismiss Complaint for Failure to State a Claim Pursuant to Rule 12(b)(6) filed by Bruce Anderson, Wendy Anderson. (Attachments: # 1 Exhibit)(SJW) (Entered: 02/06/2008) |
| 02/05/2008 | 43 | RESPONSE to motion re 30 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(1) filed by Bruce Anderson, Wendy Anderson. (SJW) (Entered: 02/06/2008) |
| 02/06/2008 | 41 | RESPONSE to motion re 12 MOTION to vacate Arbitration Award and Supporting Brief filed by Hal Gooch. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Freire, Leora) (Entered: 02/06/2008) |
| 02/06/2008 | 44 | ORDER granting 36 Motion for Clarification to the extent discussed therein. Signed by Judge Henry Lee Adams, Jr. on 2/6/2008. (MO) (Entered: 02/06/2008) |
| 02/07/2008 | 45 | ORDER granting 37 motion to appear pro hac vice. Signed by Magistrate Judge James R. Klindt on 2/7/2008. (JW) (Entered: 02/07/2008) |
| 02/07/2008 | 46 | MOTION to dismiss Amended Complaint Under Rules 12(b)(1) and 12(ab)(6), Fed.R.Civ.P. by Donald E. Christopher. (Rounsaville, Keith) (Entered: 02/07/2008) |
| 02/07/2008 | 47 | MEMORANDUM in support re 46 Motion to dismiss Under Rules 12(b)(1) and 12(b)(6), Fed.R.Civ.P. filed by Donald E. Christopher. (Rounsaville, Keith) (Entered: 02/07/2008) |
| 02/08/2008 | 48 | MOTION to extend time to conduct case mangement meeting and to file case mangement report by Bruce Anderson, Wendy Anderson. (MHH) (Entered: 02/11/2008) |
| 02/12/2008 | 49 | ORDER denying as moot 30 Motion to Dismiss for Lack of Jurisdiction; permitting Defendants McCormick and/or Quixtar, Inc. to file an adequate motion to dismiss or a motion adopting the pending motions to dismiss within eleven (11)days; granting 48 Motion to Extend Time to Conduct Case Management Meeting and to File Case Management Report. Signed by Judge Henry Lee Adams, Jr on 2/12/2008. (MO) (Entered: 02/12/2008) |
| 02/19/2008 | 50 | RESPONSE to motion re 46 MOTION to dismiss Amended Complaint Under Rules 12(b)(1) and 12(ab)(6), Fed.R.Civ.P. filed by Bruce Anderson, Wendy Anderson. (MHH) (Entered: 02/19/2008) |
| 02/22/2008 | 51 | MOTION to dismiss Amended Complaint by Amway/Quixtar, Inc.. (Maroon, Sarah) (Entered: 02/22/2008) |
| 03/03/2008 | 52 | RESPONSE to motion re 51 MOTION to dismiss Amended Complaint filed by Bruce Anderson, Wendy Anderson. (MHH) (Entered: 03/03/2008) |
| 03/03/2008 | 53 | MOTION FOR LEAVE to join motions to dismiss by Michael Young McCormick. (MHH) (Entered: 03/04/2008) |
| 03/05/2008 | 54 | ORDER granting 53 Motion for Leave to Join Motion to Dismiss. Plaintiffs shall have 11 days to respond to 32 , 46 motions as they apply to Defendant McCormick. Signed by Judge Henry Lee Adams, Jr. on 3/5/2008. (MO) (Entered: 03/05/2008) |
| 03/05/2008 | 55 | NOTICE of filing in support of motion by Bruce Anderson, Wendy Anderson re 12 MOTION to vacate (MHH) (Entered: 03/06/2008) |
| 03/11/2008 | 56 | RESPONSE re 54 Order on Motion for Miscellaneous Relief filed by Bruce Anderson, Wendy Anderson. (EAM) (Entered: 03/12/2008) |
| 03/12/2008 | 57 | MOTION to extend time to file case management report, MOTION to subpoena critical evidence prior to discovery by Bruce Anderson, Wendy Anderson. (EAM) (Entered: 03/12/2008) |
| 03/26/2008 | 58 | RESPONSE in opposition re 57 MOTION to extend time to review discovery MOTION to subpoena critical evidence filed by Amway/Quixtar, Inc.. (Maroon, Sarah) (Entered: 03/26/2008) |
| 03/27/2008 | 59 | MOTION LEAVE TO ADOPT RESPONSE OF DEFENDANT AMWAY/QUIXTAR by Hal Gooch. (West, William) (Entered: 03/27/2008) |
| 04/07/2008 | 60 | NOTICE of filing support re 12 MOTION to vacate arbitration award by Bruce Anderson, Wendy Anderson (Attachments: # 1 Exhibit Northern District Court Order Doc. 115 from case number 3:07-cv-201-SC)(PAM) (Entered: 04/07/2008) |
| 04/11/2008 | 61 | MEMORANDUM in support re 57 Motion to extend time, Motion for miscellaneous relief filed by Bruce Anderson, Wendy Anderson. (MHH) (Entered: 04/14/2008) |
| 04/22/2008 | 62 | Unopposed MOTION for Andrea Evensen to appear pro hac vice by Amway/Quixtar, Inc.. (Maroon, Sarah) Motions referred to Magistrate Judge James R. Klindt. (Entered: 04/22/2008) |
| 04/22/2008 | 63 | RESPONSE re 60 Notice (Other) The Andersons' Notice in Support of Motion to Vacate Arbitration Award filed by Amway/Quixtar, Inc.. (Attachments: # 1 Exhibit 1)(Maroon, Sarah) (Entered: 04/22/2008) |
| 04/23/2008 | 64 | MOTION to strike 61 Memorandum in support of Plaintiffs Motion to Subpoena Critical Evidence Prior to Discovery by Amway/Quixtar, Inc.. (Maroon, Sarah) (Entered: 04/23/2008) |
| 04/23/2008 | 65 | ORDER granting 62 Motion to Appear Pro Hac Vice. Andrea L. Evensen is permitted to appaer pro hac vice in this matter on behalf of Defendant Quixtar, Inc. with Sarah G. Maroon as local counsel. Signed by Magistrate Judge James R. Klindt on 4/23/2008. (JCD) (Entered: 04/23/2008) |
| 04/30/2008 | 66 | ORDER denying 12 Motion to Vacate Arbitration Award; denying 57 Motion to Extend Time to File Case Management Report and Motion to Subpoena Critical Evidence Prior to Discovery; granting 32 Hal Gooch's Motion to Dismiss for Failure to State a Claim; granting 46 Christopher's Motion to Dismiss Amended Complaint; granting McCormick's Motion for Leave to Join Motions to Dismiss; granting 59 Gooch's Motion to Adopt Amway/Quixtar's Response; granting 51 Amway/Quixtar, Inc.'s Motion to Dismiss Amended Complaint. The Clerk is directed to enter judgment in favor of Defendants and against Plaintiffs and close this case. All pending motions are moot. Signed by Judge Henry Lee Adams, Jr. on 4/30/2008. (MO) (Entered: 04/30/2008) |
| 04/30/2008 | 67 | JUDGMENT, in favor of Defendants and against Plantiffs. Signed by Deputy Clerk on 4/30/2008. (MHH) (Entered: 04/30/2008) |
| 05/13/2008 | 68 | MOTION to reconsider re 66 Order on motion to dismiss Order on motion to extend time Order on Motion for Miscellaneous Relief Order on motion to strike Order on motion to vacate by Bruce Anderson, Wendy Anderson. (MHH) (Entered: 05/13/2008) |
| 05/23/2008 | 69 | NOTICE OF APPEAL as to 67 Judgment, 66 Order on motion to dismiss, Order on motion to extend time, Order on Motion for Miscellaneous Relief. Order on motion to strike, Order on motion to vacate by Bruce Anderson, Wendy Anderson. Filing fee not paid. (SEG) (Entered: 05/23/2008) |
| 05/23/2008 | TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 69 Notice of appeal. (SEG) (Entered: 05/23/2008) | |
| 05/28/2008 | 70 | MEMORANDUM in opposition re 68 Motion for reconsideration filed by Amway/Quixtar, Inc.. (Evensen, Andrea) (Entered: 05/28/2008) |
| 06/03/2008 | 71 | MOTION For Leave to Adopt Response of Defendant Quixtar to Plaintiffs' Motion for Reconsideration by Hal Gooch. (West, William) (Entered: 06/03/2008) |
| 06/03/2008 | 72 | ORDER denying 68 Motion to Reconsider. Signed by Judge Henry Lee Adams, Jr. on 6/3/2008. (MO) (Entered: 06/03/2008) |
| 06/04/2008 | 73 | MOTION for leave to join Quixtar's opposition to the Anderson's Motion to Reconsider by Michael Young McCormick. (MHH) (Entered: 06/04/2008) |
| 06/13/2008 | 74 | MOTION to amend/correct 4 Amended complaint by Bruce Anderson. (Attachments: # 1 Second Amended Complaint and Demand for Jury Trial)(MHH) (Entered: 06/16/2008) |
Case closed without even a hearing? Imagine that!
As soon as I asked for the
baboon video--the judge crumbled!