U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:12-cv VMC-TGW

Transcription

1 US District Court Civil Docket as of December 27, 2012 Retrieved from the court on December 31, 2012 U.S. District Court Middle District of Florida (Tampa) CIVIL DOCKET FOR CASE #: 8:12-cv VMC-TGW Gault v. SRI Surgical Express Incorporated et al Date Filed: 06/22/2012 Assigned to: Judge Virginia M. Hernandez Covington Jury Demand: Plaintiff Referred to: Magistrate Judge Thomas G. Wilson Nature of Suit: 850 Cause: 15:0078m(a) Securities Exchange Act Securities/Commodities Jurisdiction: Federal Question Plaintiff Alan Gault represented by Christopher S. Jones on behalf of himself and all others Saxena White, PA similary situated Suite N Federal Hwy Boca Raton, FL / Fax: 561/ cjones@saxenawhite.com TERMINATED: 07/25/2012 Evan Jason Smith Brodsky & Smith, LLC 333 E. City Ave., Suite 602 Bala Cynwyd, PA / Fax: 610/ esmith@brodsky-smith.com Jonathan M. Stein Saxena White, PA Suite N Federal Hwy Boca Raton, FL Fax: jstein@saxenawhite.com Lester R. Hooker

2 Saxena White, PA Suite N Federal Hwy Boca Raton, FL / lhooker@saxenawhite.com Marc L. Ackerman Brodsky & Smith, LLC 333 E. City Ave., Suite 602 Bala Cynwyd, PA / Fax: 610/ mackerman@brodsky-smith.com V. SRI Surgical Express Incorporated represented by Casey Reeder Lennox Hill Ward Henderson, PA 101 E Kennedy Blvd - Ste 3700 PO Box 2231 Tampa, FL / Fax: 813/ clennox@hwhlaw.com David Thomas Knight Hill Ward Henderson, PA 101 E Kennedy Blvd - Ste 3700 PO Box 2231 Tampa, FL / Fax: 813/ dknight@hwhlaw.com Landis Vernon Curry, III Hill Ward Henderson, PA 101 E Kennedy Blvd - Ste 3700 PO Box 2231 Tampa, FL /

3 Fax: 813/ Charles W. Federico James T. Boosales James M. Emanuel Michael D. Israel Charles T. Orsatti Wayne R. Peterson Gerald R. Woodard SHM Acquistion Inc. represented by David Thomas Knight

4 E. Colin Thompson DLA Piper US, LLP Suite N Tampa St Tampa, FL / Fax: 813/ colin.thompson@dlapiper.com Landis Vernon Curry, III Ronald Sturgis Holliday DLA Piper US, LLP Suite N Tampa St Tampa, FL / Fax: 813/ ronald.holliday@dlapiper.com Timothy E. Hoeffner DLA Piper LLP 1 Liberty Pl Market St., Ste Philadelphia, PA / timothy.hoeffner@dlapiper.com PRO HAC VICE Date Filed # Docket Text 06/22/ COMPLAINT against All s with Jury Demand (Filing fee $ 350 receipt number TPA11858) filed by Alan Gault. (Attachments: # 1 Civil Cover Sheet)(JMS) (Entered: 06/25/2012) 06/22/ Summons issued as to All s. (JMS) (Entered: 06/25/2012)

5 06/25/ NOTICE of designation under Local Rule track 2 (LYB) (Entered: 06/25/2012) 06/26/ EMERGENCY MOTION to expedite PROCEEDINGS by Alan Gault. (Attachments: # 1 Text of Proposed Order)(Stein, Jonathan) Modified text on 6/27/2012 (RFK). (Entered: 06/26/2012) 5 ORDER: Plaintiff's Emergency Motion for Expedited Proceedings 4 is hereby referred to the Honorable Thomas G. Wilson, United States Magistrate Judge, for disposition, including any hearings, motions, and deadlines related thereto. Signed by Judge Virginia M. Hernandez Covington on 6/27/2012. (CAC) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: ) 6 NOTICE of Appearance by Landis Vernon Curry, III on behalf of SRI Surgical Express Incorporated (Curry, Landis) (Entered: ) 7 NOTICE of Appearance by David Thomas Knight on behalf of SRI Surgical Express Incorporated (Knight, David) (Entered: ) 8 NOTICE of Appearance by Casey Reeder Lennox on behalf of SRI Surgical Express Incorporated (Lennox, Casey) (Entered: ) 9 NOTICE of Appearance by Ronald Sturgis Holliday on behalf of SHM Acquistion Inc. (Holliday, Ronald) (Entered: ) 10 NOTICE of Appearance by E. Colin Thompson on behalf of SHM Acquistion Inc. I i (Thompson, E.) (Entered: ) 11 ORDER directing James T. Boosales, James M. Emanuel, Charles W. Federico, Michael D. Israel, Charles T. Orsatti, Wayne R. Peterson, SHM Acquistion Inc., SRI Surgical Express Incorporated, Gerald R. Woodard to respond to 4 Emergency MOTION to expedite PROCEEDINGS. Responses due by 5:00 p.m., Thursday July 5, 2012 Signed by Magistrate Judge Thomas G. Wilson on 6/27/2012. (RFK) (Entered: ) 07/05/ /09/ /17/ RESPONSE in opposition re 4 Emergency MOTION to expedite PROCEEDINGS PLAINTIFFS EMERGENCY MOTION FOR EXPEDITED PROCEEDINGS and Incorporated Memorandum of Law filed by SHM Acquistion Inc., SRI Surgical Express Incorporated. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B - Part 1, # 4 Exhibit B - Part 2, # 5 Exhibit C - Declaration of M. Faris, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Knight, David) (Entered: 07/05/2012) 13 ORDER denying 4 Motion to expedite proceedings. Signed by Magistrate Judge Thomas G. Wilson on 7/9/2012. (CAW) (Entered: 07/09/2012) 14 APPEARANCE of non-resident counsel and designation of local counsel by E. Colin Thompson on behalf of SHM Acquistion Inc.. Local Counsel: E. Colin Thompson. Non-Resident Counsel: Timothy E. Hoeffner. (Thompson, E.) (Entered: 07/17/2012) 07/17/ MOTION for Timothy E. Hoeffner to appear pro hac vice by SHM Acquistion Inc.. (Attachments: # 1 Exhibit A)(Thompson, E.) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 07/17/2012) 07/17/2012 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney TImothy E. Hoeffner appearing on behalf of SHM Acquistion Inc.

6 (Filing fee $10 receipt number TPA12272.) (JNB) (Entered: 07/18/2012) 07/24/ ORDER granting 15 motion for Timothy E. HOeffner to appear pro hac vice. Signed by i Magistrate Judge Thomas G. Wilson on 7/24/2012. (SRC) (Entered: 07/24/2012) 07/24/ Joint MOTION for extension of time to file answer or otherwise plead re 1 Complaint and Permit a Reply by SRI Surgical Express Incorporated. (Curry, Landis) (Entered: 07/24/2012) 07/25/ /25/ /09/ /05/ ENDORSED ORDER granting 17 Joint Motion to Set Deadlines and Permit as Reply, as follows: s are deemed served with the Complaint as of July 24, s have up to and including September 6, 2012, to respond to the Complaint. Plaintiffs have up to and including October 4, 2012, to file a Response. s may file a Reply, not to exceed five pages, within 10 days of the filing of Plaintiff's Response. Signed by Judge Virginia M. Hernandez Covington on 7/25/2012. (CAC) (Entered: 07/25/2012) 19 NOTICE by Alan Gault NOTICE OF WITHDRAWAL OF ATTORNEY (Stein, Jonathan) (Entered: 07/25/2012) 20 ENDORSED ORDER that Attorneys Marc L. Ackerman and Timothy E. Hoeffner shall comply with the procedures regarding pro hac vice admission in this Court. If counsel is an out of state attorney who needs to apply to be admitted pro hac vice in this case, the motion to appear pro hac vice and designation of local counsel (pursuant to Local Rule 2.02), the special admission form, and the appropriate fee shall be submitted to the Court before CM/ECF access will be granted. Counsel shall file a notice of compliance with this Court's Order within thirty (30) days of the date of this Order. Failure to comply with this Order as directed will result in counsel being terminated from the docket sheet without further notice. Signed by Judge Virginia M. Hernandez Covington on 8/9/2012. (JS) (Entered: 08/09/2012) 21 NOTICE of compliance by SHM Acquistion Inc. (Hoeffner, Timothy) (Entered: 09/05/2012) 09/06/ MOTION to dismiss Plaintiff's Class Action Complaint and Incorporated Memorandum of Law by All s. (Curry, Landis) (Entered: 09/06/2012), 09/06/ MOTION for miscellaneous relief, specifically To Take Judicial Notice In Support of s' Motion to Dismiss by All s. (Attachments: # 1 Exhibit A, # 2 I Exhibit B, # 3 Exhibit C)(Curry, Landis) (Entered: 09/06/2012) 09/06/ /26/ REQUEST for oral argument re 22 MOTION to dismiss Plaintiff's Class Action Complaint and Incorporated Memorandum of Law by James T. Boosales, James M. Emanuel, Charles W. Federico, Michael D. Israel, Charles T. Orsatti, Wayne R. Peterson, SHM Acquistion Inc., SRI Surgical Express Incorporated, Gerald R. Woodard. (Curry, Landis) (Entered: 09/06/2012) 25 ORDER granting 23 s' Motion for Judicial Notice. Signed by Judge Virginia M. Hernandez Covington on 9/26/2012. (CH) (Entered: 09/26/2012) 09/26/ ***VACATED PER 27 ORDER*** ORDER granting 22 s' Motion to Dismiss. This case is dismissed without prejudice. The Clerk is directed to close this case. Signed by Judge Virginia M. Hernandez Covington on 9/26/2012. (CH) Modified on 9/27/2012 (RFK). (Entered: 09/26/2012)

7 09/26/ ENDORSED ORDER: The Court vacates its Order granting s' Motion to Dismiss 26, as the Order did not take into account the previously-entered Endorsed Order granting the Joint Motion to Set Deadlines 18. Signed by Judge Virginia M. Hernandez Covington on 9/26/2012. (CH) (Entered: 09/26/2012) 10/01/ ENDORSED ORDER. Upon review of the file, the Court finds that Attorney Marc L. Ackerman has not complied with procedures regarding special admission to this Court. If counsel is an out of state attorney who needs to apply to be admitted pro hac vice in this case, pursuant to Local Rule 2.02, counsel must do the following: 1) File a motion to appear pro hac vice with designation of local counsel, and 2) submit to the Clerk of this Court a completed special admission form along with the special admission fee. Counsel shall then file a notice of compliance within thirty (30) days of the date of this Order. Failure to comply with this Order as directed will result in counsel being terminated from the docket sheet without further notice. Signed by Judge Virginia M. Hernandez Covington on 10/1/2012. (LYB) (Entered: 10/01/2012) 10/03/ Unopposed MOTION to extend time to RESPOND TO MOTION TO DISMISS by Alan Gault. (Stein, Jonathan) (Entered: 10/03/2012) 10/04/ ENDORSED ORDER granting 29 Plaintiff's Motion for Extension of Time to Respond to Motion to Dismiss. Plaintiff has until and including October 11, 2012, to respond. s may file a Reply, not to exceed five pages, within 10 days of the filing of Plaintiff's Response. Signed by Judge Virginia M. Hernandez Covington on 10/4/2012. (CH) (Entered: 10/04/2012) 10/11/ RESPONSE in opposition re 22 MOTION to dismiss Plaintiff's Class Action Complaint and Incorporated Memorandum of Law filed by Alan Gault. (Attachments: # 1 Text of Proposed Order)(Stein, Jonathan) (Entered: 10/11/2012) 10/19/ REPLY to response to motion re 22 MOTION to dismiss Plaintiff's Class Action Complaint and Incorporated Memorandum of Law filed by James T. Boosales, James M. Emanuel, Charles W. Federico, Michael D. Israel, Charles T. Orsatti, Wayne R. Peterson, SHM Acquistion Inc., SRI Surgical Express Incorporated, Gerald R. Woodard. (Curry, Landis) (Entered: 10/19/2012) 10/22/ ORDER granting in part and denying in part 22 s' Motion to Dismiss. The Motion is granted to the extent that Counts II and III of the Complaint are dismissed without prejudice and with leave to amend by November 2, The Motion is otherwise denied. Signed by Judge Virginia M. Hernandez Covington on 10/22/2012. (CH) (Entered: 10/22/2012) 10/31/ MOTION for Marc L. Ackerman to appear pro hac vice by Alan Gault. (Attachments: # 1 Exhibit Plaintiff's Certification of Pro Hac Counsel and Designation of Local Lawyer, # 2 Exhibit Plaintiff's Certification of Local Counsel)(Stein, Jonathan) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 10/31/2012) 11/05/2012 ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Marc L. Ackerman appearing on behalf of Alan Gault (Filing fee $10 receipt number TPA14174.) Related document: 34 MOTION for Marc L. Ackerman to appear pro hac vice (AG) (Entered: 11/07/2012) 11/07/ MOTION to dismiss Plaintiff's State Law Claim and to Decline Supplemental Jurisdiction by All s. (Curry, Landis) (Entered: 11/07/2012)

8 11/13/ ORDER granting Marc L. Ackerman's 34 motion to appear pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 11/13/2012. (CAW) (Entered: 11/13/2012) 11/21/ RESPONSE in opposition re 35 MOTION to dismiss Plaintiff's State Law Claim and to Decline Supplemental Jurisdiction filed by Alan Gault. (Attachments: # 1 Text of Proposed Order)(Stein, Jonathan) Modified on 11/21/2012 to remove duplicate text (RVB). (Entered: 11/21/2012) 11/21/ MEMORANDUM in opposition re 37 Response in opposition to motion filed by Alan Gault. (Stein, Jonathan) Modified on 11/21/2012 to remove duplicate text (RVB). (Entered: 11/21/2012) 11/27/ ENDORSED ORDER TO SHOW CAUSE: A review of this file shows that no Case Management Report has been filed by the parties within the time prescribed in Local Rule Accordingly, if Plaintiff is still interested in prosecuting this action against s, Plaintiff is directed to SHOW CAUSE, in writing, by December 4, 2012, as to why this action should not be dismissed for lack of prosecution pursuant to Local Rule Failure to do so may result in this action being dismissed without further notice. Signed by Judge Virginia M. Hernandez Covington on 11/27/2012. (CH) (Entered: 11/27/2012) 12/03/ RESPONSE TO ORDER TO SHOW CAUSE filed by Alan Gault. (Stein, Jonathan) (Entered: 12/03/2012) 12/27/ ORDER granting in part and denying in part 35 s' Motion to Decline Supplemental Jurisdiction Over and Dismiss State Law Claim. Plaintiff may file an amended complaint on or before January 10, Signed by Judge Virginia M. Hernandez Covington on 12/27/2012. (CH) (Entered: 12/27/2012) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at