Samantha Harrison
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Entered | Case | Description |
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01/21/25 | Defendant's MOTION TO DISMISS [47] Amended Complaint/Amended Notice of Removal,, FOR FAILURE TO STATE A CLAIM and/or in the alternative, MOTION for Partial Summary Judgment by AMANUEL DANIACHEW, DAVID DELLINGER, BRADLEY GOLDSMITH, Mark Mezzancello, Patricia Mezzancello, BEST MAN MANHATTAN FL, LLC, BEST MAN MANHATTAN, LLC, BEST MAN MGT, LLC, MANHATTAN BEST, LLC. Responses due by 2/4/2025. (Attachments: # [1] Supplement Statement of Undisputed Facts, # [2] Exhibit Declaration of Jason Stewart, # [3] Exhibit Ex A to Decl. of Jason Stewart, # [4] Exhibit Ex B to Decl. of Jason Stewart, # [5] Exhibit Ex C to Decl. of Jason Stewart, # [6] Exhibit Ex D to Decl. of Jason Stewart, # [7] Exhibit Ex E to Decl. of Jason Stewart, # [8] Exhibit Ex F to Decl. of Jason Stewart, # [9] Exhibit Ex G to Decl. of Jason Stewart, # [10] Exhibit Ex H to Decl. of Jason Stewart)(Carlson, Cole) (Entered: 01/21/2025) | |
01/08/25 | Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Victor Loria and Victor Loria.. Attorney Joshua Robert Jacobson added to party Victor Loria(pty:pla). (Jacobson, Joshua) (Entered: 01/08/2025) | |
01/08/25 | Clerk's Notice to Filer re [47] Amended Complaint/Amended Notice of Removal,,. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. VICTOR LORIA, D.O. (cds) (Entered: 01/08/2025) | |
01/07/25 | Second AMENDED COMPLAINT against MARK MEZZANCELLO, PATRICIA MEZZANCELLO, filed by LORIA MEDICAL OF NEW YORK, PLLC, LORIA MEDICAL, LLC, LORIA PHARMACEUTICAL, LLC. BEST MAN MANHATTAN FL, LLC., BEST MAN MANHATTTAN, LLC., BEST MAN MGT, LLC., MANHATTAN BEST, LLC., AMANUEL DANIACHEW, M.D., DAVID DELLINGER, D.O., BRADLEY GOLDSMITH, M.D. (Attachments: # [1] Exhibit 1 - Business Agreement, # [2] Exhibit 2 - Addendum to Business Agreement, # [3] Exhibit 3 - Separation Agreement, # [4] Exhibit 4 - Letter, # [5] Exhibit 5 - 1099 Agreement, # [6] Exhibit 6 - Training Videos)(Jacobson, Joshua) Modified Text on 1/8/2025 (cds). (Entered: 01/07/2025) | |
12/17/24 | PAPERLESS ORDER dismissing Plaintiffs' Amended Complaint [36] and permitting repleading. Upon further review of Plaintiffs' Amended Complaint [36] and the parties' various recent filings [37] [38] [39] [41] [42] [43] [44] , it has become clear that Plaintiffs' Amended Complaint remains a shotgun pleading without the requisite notice under Rule 8(a) [see ECF No. 37 p. 6]. This deficiency comes despite the Court's prior admonition, stated on the record during the August 27, 2024, hearing [34] and later in a written order [35] , that any amended pleading clearly identify which specific Plaintiff or Plaintiffs are/is bringing which cause(s) of action and for what specific conduct--without lumping together breaches of multiple agreements and provisions in single counts. As an example, Count I of the Amended Complaint identifies an alleged breach by "Mark M." of multiple provisions of multiple contracts resulting in alleged damage to Loria Pharmaceutical, but it remains unclear who is actually asserting that claim and based on what specific alleged breach. As another example, just for illustrative purposes, there are three "Best Man" Defendants that do not appear to be charged for any illegality in any count. Neither the Court nor Defendants should have to parse through the Amended Complaint in search of basic clarity about the claims asserted. Accordingly, to permit adequate resolution of this case in a manner that provides fair notice, the Court deems it necessary again to require Plaintiffs to file a proper pleading in accordance with this Order, the Court's prior Order [35] , the Eleventh Circuit's rules against shotgun pleadings, and the Federal Rules of Civil Procedure. Plaintiffs' Second Amended Complaint is due on or before January 7, 2025, and will constitute, once and for all, Plaintiffs' final opportunity to amend its claims in this case. In light of this Order, Defendants' Motion to Dismiss [37] is granted in part on shotgun pleading grounds and denied without prejudice in all other respects. Plaintiffs' Motion for Summary Judgment Briefing [41] is denied as moot. Any arguments about a need for discovery on the separate question of LMNY's capacity to sue in the first place will be considered if and when Plaintiffs manage to submit a procedurally proper pleading, and assuming that Plaintiff LMNY continues to assert claims in this action. (jj01) (Entered: 12/17/2024) | |
12/09/24 | SUPPLEMENT Brief and Rule 56(d) Motion by LORIA MEDICAL OF NEW YORK, PLLC, LORIA MEDICAL, LLC, LORIA PHARMACEUTICAL, LLC (Attachments: # [1] Affidavit Rule 56(d) Declaration)(Phillips, Jacob) (Entered: 12/09/2024) | |
12/09/24 | Statement of: In Response to Defendant's Statement of Undisputed Facts by LORIA MEDICAL OF NEW YORK, PLLC, LORIA MEDICAL, LLC, LORIA PHARMACEUTICAL, LLC (Attachments: # [1] Exhibit 1 - Declaration)(Phillips, Jacob) (Entered: 12/09/2024) | |
12/05/24 | RESPONSE in Opposition re [41] Plaintiff's MOTION for a Summary Judgement Briefing Schedule filed by BEST MAN MANHATTAN FL, LLC, BEST MAN MANHATTAN, LLC, BEST MAN MGT, LLC, AMANUEL DANIACHEW, DAVID DELLINGER, BRADLEY GOLDSMITH, SAMANTHA HARRISON, MANHATTAN BEST, LLC, Mark Mezzancello, Patricia Mezzancello. Replies due by 12/12/2024. (Attachments: # [1] Exhibit A, # [2] Exhibit B, # [3] Exhibit C)(Carlson, Cole) (Entered: 12/05/2024) | |
12/05/24 | Statement of: Undisputed Material Facts Pursuant to Local Rule 56.1 by BEST MAN MANHATTAN FL, LLC, BEST MAN MANHATTAN, LLC, BEST MAN MGT, LLC, AMANUEL DANIACHEW, DAVID DELLINGER, BRADLEY GOLDSMITH, SAMANTHA HARRISON, MANHATTAN BEST, LLC, Mark Mezzancello, Patricia Mezzancello re 40 Order,,, (Attachments: # [1] Affidavit Declaration of Jason Stewart, # [2] Exhibit A, # [3] Exhibit B, # [4] Exhibit C)(Carlson, Cole) (Entered: 12/05/2024) | |
12/04/24 | Plaintiff's MOTION for a Summary Judgement Briefing Schedule by LORIA MEDICAL OF NEW YORK, PLLC, LORIA MEDICAL, LLC, LORIA PHARMACEUTICAL, LLC. (Phillips, Jacob) (Entered: 12/04/2024) |