Docket sheet from federal court in case being defended by conflicted corporate lawyer PAUL MARVIN RENNER, our putative future Florida Speaker of the House?
U.S. District Court
Middle District of Florida (Orlando)
CIVIL DOCKET FOR CASE #: 6:20-cv-00927-PGB-EJK
Rhodes v. Embry-Riddle Aeronautical University, Inc. Assigned to: Judge Paul G. Byron Referred to: Magistrate Judge Embry J. Kidd Demand: $5,000,000 Cause: 28:1332 Diversity-Other Contract | Date Filed: 05/28/2020 Jury Demand: Both Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
| Plaintiff | ||
| Christopher Rhodes Individually and on Behalf of All Others Similarly Situated | represented by | E. Michelle Drake Berger Montague PC 1229 Tyler Street NE Suite 205 Minneapolis, MN 55413 612-594-5933 Fax: 612-584-4470 Email: emdrake@bm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Patrick F Madden Berger Montague PC 1818 Market Street., Suite 3600 Philadelphia, PA 19103 215-875-3035 Fax: 215-875-4604 Email: pmadden@bm.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca Timmons Levin Papantonio 316 South Baylen Street Pensacola, FL 32502 850-390-3425 Email: btimmons@levinlaw.com ATTORNEY TO BE NOTICED Matthew D. Schultz Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A 316 S. Baylen St., Suite 600 Pensacola, FL 32502 850-435-7140 Email: mschultz@levinlaw.com ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| Embry-Riddle Aeronautical University, Inc. | represented by | Daniel A. Cohen Nelson Mullins Riley & Scarborough LLP 201 17th Street NW Suite 1700 Atlanta, GA 30362 404-322-6000 Fax: 404-322-6050 Email: dan.cohen@nelsonmullins.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Paul M. Renner Nelson Mullins Riley & Scarborough LLP Suite 1400 390 N. Orange Avenue Orlando, FL 32801 (407) 839-4200 Email: paul.renner@nelsonmullins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Shaina Stahl Nelson Mullins Broad and Cassel LLP 390 N Orange Ave Ste 1400 Orlando, FL 32801-1687 407/839-4200 Fax: 407/425-8377 Email: shaina.stahl@nelsonmullins.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Olivia Rose Share Nelson Mullins Riley & Scarborough LLP 390 N. Orange Avenue Suite 1400 Orlando, FL 32801 407-839-4231 Email: olivia.share@nelsonmullins.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 05/28/2020 | 1 | COMPLAINT against Embry-Riddle Aeronautical University, Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-16856011) filed by Christopher Rhodes. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Schultz, Matthew) (Entered: 05/28/2020) |
| 05/28/2020 | 2 | NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:20-cv-927-Orl-40EJK. (SJB) (Entered: 05/28/2020) |
| 05/29/2020 | 3 | RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 5/29/2020. (GNB) copies e-mailed (Entered: 05/29/2020) |
| 05/29/2020 | 4 | INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 5/29/2020. (GNB) copies e-mailed (Entered: 05/29/2020) |
| 05/29/2020 | 5 | SUMMONS issued as to Embry-Riddle Aeronautical University, Inc. (MEJ) (Entered: 05/29/2020) |
| 06/01/2020 | 6 | STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 1/3/2020. ctp (PML) (Entered: 06/01/2020) |
| 06/05/2020 | 7 | NOTICE of pendency of related cases re 3 per Local Rule 1.04(d) by Christopher Rhodes. Related case(s): no (Schultz, Matthew) Modified on 6/5/2020 (MEJ). (Entered: 06/05/2020) |
| 06/05/2020 | 8 | CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Christopher Rhodes. (Schultz, Matthew) (Entered: 06/05/2020) |
| 06/09/2020 | 9 | MOTION for E. Michelle Drake to appear pro hac vice by Christopher Rhodes. (Schultz, Matthew) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 06/09/2020) |
| 06/09/2020 | 10 | MOTION for Patrick F. Madden to appear pro hac vice by Christopher Rhodes. (Schultz, Matthew) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 06/09/2020) |
| 06/10/2020 | 11 | ORDER granting 9 and 10 Plaintiff's Motions to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 6/10/2020. (RMN) (Entered: 06/10/2020) |
| 06/11/2020 | 12 | NOTICE to counsel E. Michelle Drake of Local Rule 2.02, Special Admission to Practice - Pay the $150.00 Special Admission Fee; (Signed by Deputy Clerk). (MLJ) (Entered: 06/11/2020) |
| 06/11/2020 | 13 | NOTICE of Appearance by Paul M. Renner on behalf of Embry-Riddle Aeronautical University, Inc. (Renner, Paul) (Entered: 06/11/2020) |
| 06/11/2020 | 14 | NOTICE of Appearance by Shaina Stahl on behalf of Embry-Riddle Aeronautical University, Inc. (Stahl, Shaina) (Entered: 06/11/2020) |
| 06/12/2020 | 15 | NOTICE of pendency of related cases re 3 per Local Rule 1.04(d) by Embry-Riddle Aeronautical University, Inc.. Related case(s): no (Renner, Paul) Modified on 6/15/2020 (MEJ). (Entered: 06/12/2020) |
| 06/15/2020 | 16 | CERTIFICATE of interested persons and corporate disclosure statement re 4 Interested persons order by Embry-Riddle Aeronautical University, Inc. identifying Corporate Parent Embry-Riddle Aeronautical University, Inc. for Embry-Riddle Aeronautical University, Inc... (Renner, Paul) (Entered: 06/15/2020) |
| 06/16/2020 | ***PRO HAC VICE FEES paid by attorney Patrick F. Madden and E. Michelle Drake, appearing on behalf of Christopher Rhodes (Filing fee $300 receipt number ORL091478.) Related document: 9 MOTION for E. Michelle Drake to appear pro hac vice , 10 MOTION for Patrick F. Madden to appear pro hac vice . (ARJ) (Entered: 06/16/2020) | |
| 06/17/2020 | 17 | Unopposed MOTION for Daniel A. Cohen to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16950507 for $150 by Embry-Riddle Aeronautical University, Inc.. (Renner, Paul) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 06/17/2020) |
| 06/22/2020 | 18 | ORDER denying without prejudice 17 Defendant's Unopposed Motion for Admission Pro Hac Vice of Attorney Daniel A. Cohen. Signed by Magistrate Judge Embry J. Kidd on 6/22/2020. (RMN) (Entered: 06/22/2020) |
| 06/23/2020 | 19 | Unopposed MOTION for Daniel A. Cohen to appear pro hac vice by Embry-Riddle Aeronautical University, Inc.. (Renner, Paul) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 06/23/2020) |
| 06/23/2020 | 20 | ENDORSED ORDER denying without prejudice 19 Motion to Appear Pro Hac Vice. Mr. Cohen is instructed to read the Court's Order at Doc. 18. An additional failure to do so will result in denial of the motion with prejudice. Signed by Magistrate Judge Embry J. Kidd on 6/23/2020. (Kidd, Embry) (Entered: 06/23/2020) |
| 06/25/2020 | 21 | RETURN of service executed on 06/11/2020 by Christopher Rhodes as to Embry-Riddle Aeronautical University, Inc.. (Schultz, Matthew) (Entered: 06/25/2020) |
| 06/25/2020 | 22 | Unopposed MOTION for Extension of Time to File Response re 1 Complaint by Embry-Riddle Aeronautical University, Inc.. (Stahl, Shaina) Modified on 6/26/2020 (DMA). (Entered: 06/25/2020) |
| 06/26/2020 | 23 | Unopposed MOTION for Daniel A. Cohen to appear pro hac vice and Memorandum of Law in Support by Embry-Riddle Aeronautical University, Inc.. (Renner, Paul) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 06/26/2020) |
| 06/29/2020 | 24 | ORDER granting 23 Defendant's Unopposed Motion for Daniel A. Cohen to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 6/29/2020. (RMN) (Entered: 06/29/2020) |
| 06/29/2020 | 25 | ENDORSED ORDER granting 22 Motion for Extension of Time. Defendant may have until and through July 24, 2020, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 6/29/2020. (Kidd, Embry) (Entered: 06/29/2020) |
| 07/24/2020 | 26 | MOTION to Dismiss for Failure to State a Claim by Embry-Riddle Aeronautical University, Inc.. (Attachments: # 1 Exhibit A)(Stahl, Shaina) (Entered: 07/24/2020) |
| 07/30/2020 | 27 | NOTICE of Appearance by Rebecca Timmons on behalf of Christopher Rhodes (Timmons, Rebecca) (Entered: 07/30/2020) |
| 07/31/2020 | 28 | Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss for Failure to State a Claim by Christopher Rhodes. (Schultz, Matthew) (Entered: 07/31/2020) |
| 08/03/2020 | 29 | CASE MANAGEMENT REPORT. (Renner, Paul) (Entered: 08/03/2020) |
| 08/04/2020 | 30 | ENDORSED ORDER granting 28 Motion for Extension of Time to File Response / Reply. Signed by Judge Paul G. Byron on 8/4/2020. (JRR) (Entered: 08/04/2020) |
| 08/05/2020 | Set/reset deadlines as to 26 MOTION to Dismiss for Failure to State a Claim . Responses due by 8/17/2020 (MEJ) (Entered: 08/05/2020) | |
| 08/06/2020 | 31 | ENDORSED ORDER re 29 Case Management Report. Local Rule 4.04(b) requires Plaintiff to file for a determination under Fed. R. Civ. P 23(c)(1) as to whether the case is to be maintained as a class action within ninety (90) days following the filing of the initial complaint. The Court recognizes that the timeframe prescribed in Rule 4.04(b) is abbreviated and therefore waives this deadline. The parties are DIRECTED to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines and include this information in an Amended Case Management Report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. Signed by Judge Paul G. Byron on 8/6/2020. (GNB) copies e-mailed (Entered: 08/06/2020) |
| 08/17/2020 | 32 | AMENDED COMPLAINT against Embry-Riddle Aeronautical University, Inc. with Jury Demand. filed by Christopher Rhodes. Related document: 1 Complaint filed by Christopher Rhodes.(Schultz, Matthew) (Entered: 08/17/2020) |
| 08/24/2020 | 33 | Unopposed MOTION for Extension of Time until 9/10/2020 to File Response/Reply re 32 Amended Complaint by Embry-Riddle Aeronautical University, Inc.. (Stahl, Shaina) Modified text on 8/25/2020 (MEJ). (changed event) (Entered: 08/24/2020) |
| 08/25/2020 | 34 | ENDORSED ORDER re 31 Endorsed Order. The parties are directed to re-file their Case Management Report and include this information within seven (7) days from the date of this Order. Signed by Judge Paul G. Byron on 8/25/2020. (GNB) copies e-mailed (Entered: 08/25/2020) |
| 08/28/2020 | 35 | ENDORSED ORDER granting 33 Motion for Extension of Time. Defendant may have until and through September 10, 2020, to respond to the Amended Complaint. Signed by Magistrate Judge Embry J. Kidd on 8/28/2020. (Kidd, Embry) (Entered: 08/28/2020) |
| 09/01/2020 | 36 | Amended CASE MANAGEMENT REPORT. (Stahl, Shaina) Modified docket text on 9/2/2020 (MEJ). (Entered: 09/01/2020) |
| 09/10/2020 | 37 | MOTION to Dismiss 32 Amended Complaint for Failure to State a Claim by Embry-Riddle Aeronautical University, Inc. (Attachments: # 1 Exhibit A, # 2Exhibit B)(Stahl, Shaina) Modified docket text on 9/11/2020 (MEJ). (Entered: 09/10/2020) |
| 09/11/2020 | 38 | ENDORSED ORDER denying as moot 26 Motion to Dismiss for Failure to State a Claim. Signed by Judge Paul G. Byron on 9/11/2020. (JRR) (Entered: 09/11/2020) |
| 09/17/2020 | 39 | CASE MANAGEMENT AND SCHEDULING ORDER. Amended Pleadings due by 9/11/2020, Joinder of Parties due by 9/11/2020, Discovery due by 10/15/2021, Dispositive motions due by 10/15/2021, Pretrial statement due by 1/17/2022, All other motions due by 1/24/2022, Plaintiff disclosure of expert report due by 8/2/2021, Defendant disclosure of expert report due by 9/2/2021, Final Pretrial Conference set for 2/15/2022 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for 3/1/2022 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 10/15/2021. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 9/17/2020. (GNB) copies e-mailed (Entered: 09/17/2020) |
| 09/18/2020 | 40 | CASE REFERRED to Mediation (mediator TBD). (MEJ) (Entered: 09/18/2020) |
| 09/24/2020 | 41 | RESPONSE in Opposition re 37 MOTION to Dismiss 32 Amended Complaint for Failure to State a Claim filed by Christopher Rhodes. (Attachments: # 1Exhibit 1, # 2 Exhibit 2)(Schultz, Matthew) (Entered: 09/24/2020) |
| 10/01/2020 | 42 | NOTICE of mediation conference/hearing to be held on 10/13/2021 at 9:30 a.m. before Terrence M. White. (Schultz, Matthew) (Entered: 10/01/2020) |
| 10/15/2020 | 43 | MOTION to Stay Discovery Pending Dispositive Motion by Embry-Riddle Aeronautical University, Inc.. (Stahl, Shaina) (Entered: 10/15/2020) |
| 10/19/2020 | 44 | ENDORSED ORDER denying 43 Motion to Stay Discovery. Pending dispositive motions are insufficient grounds to stay discovery. Signed by Judge Paul G. Byron on 10/19/2020. (JRR) (Entered: 10/19/2020) |
| 11/09/2020 | 45 | NOTICE of supplemental authority re 41 Response in Opposition to Motion by Christopher Rhodes. (Attachments: # 1 Exhibit 1 Rosado v. Barry University Order, # 2 Exhibit 2 Smith v. Ohio State University Order, # 3 Exhibit 3 Garland v. Western Michigan University Order, # 4 Exhibit 4 Waitt v. Kent State University Order, # 5 Exhibit 5 Zahn v. Ohio University Order)(Schultz, Matthew) Modified text on 11/10/2020 (MEJ). (Entered: 11/09/2020) |
| 12/10/2020 | 46 | NOTICE of supplemental authority re 37 MOTION to Dismiss 32 Amended Complaint for Failure to State a Claim by Embry-Riddle Aeronautical University, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Renner, Paul) (Entered: 12/10/2020) |
| 12/10/2020 | 47 | Amended NOTICE of supplemental authority re 37 MOTION to Dismiss 32 Amended Complaint for Failure to State a Claim (Amended) by Embry-Riddle Aeronautical University, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Renner, Paul) Modified text on 12/11/2020 (MEJ). (Entered: 12/10/2020) |
| 01/13/2021 | 48 | NOTICE of supplemental authority re 41 Response in Opposition to Motion by Christopher Rhodes. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Schultz, Matthew) (Entered: 01/13/2021) |
| 01/14/2021 | 49 | ORDER denying 37 Motion to Dismiss for Failure to State a Claim. Signed by Judge Paul G. Byron on 1/14/2021. (JRR) (Entered: 01/14/2021) |
| 01/28/2021 | 50 | ANSWER and affirmative defenses with Jury Demand to 32 Amended Complaint by Embry-Riddle Aeronautical University, Inc..(Stahl, Shaina) (Entered: 01/28/2021) |
| 04/16/2021 | 51 | MOTION to Compel documents and information from Defendant Embry-Riddle Aeronautical University, Inc. ("Defendant") pursuant to FRCP 37(a) and ECF No. 6. by Christopher Rhodes. (Attachments: # 1 Exhibit A: Declaration of Patrick Madden)(Madden, Patrick) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 04/16/2021) |
| 04/16/2021 | 52 | MOTION for Extension of Time to Complete Discovery by Christopher Rhodes. (Attachments: # 1 Exhibit A: Declaration of Patrick Madden)(Madden, Patrick) (Entered: 04/16/2021) |
| 04/19/2021 | 53 | SUPPLEMENT re 51 MOTION to Compel documents and information from Defendant Embry-Riddle Aeronautical University, Inc. ("Defendant") pursuant to FRCP 37(a) and ECF No. 6. by Christopher Rhodes. (Madden, Patrick) (Entered: 04/19/2021) |
| 04/19/2021 | 54 | SUPPLEMENT re 52 MOTION for Extension of Time to Complete Discovery by Christopher Rhodes. (Madden, Patrick) (Entered: 04/19/2021) |
| 04/20/2021 | 55 | Joint MOTION to Modify 39 Case Management / FLSA / ADA / Social Security / Scheduling Order,,, by Christopher Rhodes. (Schultz, Matthew) (Entered: 04/20/2021) |
| 04/21/2021 | 56 | ENDORSED ORDER finding as moot 51 Motion to Compel ; finding as moot 52 Motion for Extension of Time to Complete Discovery; granting 55Motion to Amend. An Amended CMSO will follow. Signed by Judge Paul G. Byron on 4/21/2021. (JRR) (Entered: 04/21/2021) |
| 04/22/2021 | 57 | AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Discovery due by 3/18/2022 Dispositive motions due by 3/18/2022 Pretrial statement due by 6/17/2022 All other motions due by 3/24/2022 Plaintiff disclosure of expert report due by 1/7/2022 Defendant disclosure of expert report due by 2/7/2022 Final Pretrial Conference set for 7/19/2022 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron Jury Trial set for 8/1/2022 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 2/14/2022. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 4/22/2021. (GNB) copies e-mailed (Entered: 04/22/2021) |
| 05/21/2021 | 58 | Joint MOTION to Stay to Address CS/HB 1261 by Christopher Rhodes. (Schultz, Matthew) (Entered: 05/21/2021) |
| 05/24/2021 | 59 | ENDORSED ORDER granting 58 Motion to Stay. Signed by Judge Paul G. Byron on 5/24/2021. (JRR) (Entered: 05/24/2021) |
| 07/06/2021 | 60 | NOTICE of change of address by E. Michelle Drake (Drake, E.) (Entered: 07/06/2021) |
| 07/30/2021 | 61 | MOTION to Dismiss 32 Amended Class Action Complaint by Embry-Riddle Aeronautical University, Inc.. (Renner, Paul) Modified text to link document on 8/2/2021 (MEJ). (Entered: 07/30/2021) |
| 08/02/2021 | 62 | ENDORSED ORDER re 61. The case is currently stayed. The parties are directed to file a status report and (if necessary) a motion to lift the stay. Response due on or by August 9, 2021. Signed by Judge Paul G. Byron on 8/2/2021. (JRR) (Entered: 08/02/2021) |
| 08/03/2021 | Set/reset deadlines/hearings: Responses due by 8/9/2021. (MEJ) (Entered: 08/03/2021) | |
| 08/09/2021 | 63 | STATUS report and Motion to Lift Stay for Briefing Purposes by Christopher Rhodes. (Schultz, Matthew) Modified event on 8/9/2021 (MEJ). (Entered: 08/09/2021) |
| 08/11/2021 | 64 | ENDORSED ORDER granting 63 Motion to Lift Stay For Limited Purpose of Briefing Potentially Dispositive Issue.. Signed by Judge Paul G. Byron on 8/11/2021. (JRR) (Entered: 08/11/2021) |
| 08/11/2021 | Case Stay Lifted for Limited Purpose of Briefing Potentially Dispositive Issue. (MEJ) (Entered: 08/12/2021) | |
| 08/13/2021 | 65 | RESPONSE in Opposition re 61 MOTION to Dismiss 32 Amended Class Action Complaint filed by Christopher Rhodes. (Attachments: # 1 Exhibit 1 - F.S. § 768.39, # 2 Exhibit 2 - Transcript of House in Session Meeting)(Schultz, Matthew) (Entered: 08/13/2021) |
| 09/27/2021 | 66 | NOTICE of supplemental authority re 65 Response in Opposition to Motion, 61 MOTION to Dismiss 32 Amended Class Action Complaint by Embry-Riddle Aeronautical University, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Renner, Paul) (Entered: 09/27/2021) |
| 10/21/2021 | 67 | NOTICE of supplemental authority re 65 Response in Opposition to Motion to Dismiss by Christopher Rhodes. (Attachments: # 1 Exhibit A - Fiore v University of Tampa)(Schultz, Matthew) (Entered: 10/21/2021) |
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