Harding v. Google LLC

3:23-cv-00321 | Florida Middle District Court

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Division Jacksonville
Judge Senior Judge Brian J. Davis
Filed March 20, 2023
Terminated June 9, 2023
Case Flags ADMCLOSED and STAYED
Magistrate Magistrate Judge J. B. Toomey
Nature of Suit 950 Constitutionality of State Statute
Cause 28:1332 Diversity-Notice of Removal
Jury Demand Plaintiff
Last Updated: 5 months ago Show Interactive Timeline
Filing Date # Docket Text
9/3/2024Joint STATUS report by Google LLC. (Kilby, Douglas) Modified on 9/4/2024 as to docket text (ARL). (Entered: 09/03/2024)
6/4/2024STATUS report (Joint) by Google LLC. (Murphy, Hannah) Modified text on 6/4/2024 (GL). (Entered: 06/04/2024)
5/3/2024Notification from the U.S. Court of Appeals, 11th Circuit, that WRIT OF CERTIORARI has been denied by the U.S. Supreme Court as to 25 Notice of Appeal filed by Nicholas Harding Issued on 05/03/2024. The court's mandate having previously issued, no further action will be taken by this court. (JK) (Entered: 05/08/2024)
3/6/2024STATUS report (Joint) by Google LLC. (Kilby, Douglas) (Entered: 03/06/2024)
12/11/2023STATUS report (Joint) by Google LLC. (Kilby, Douglas) (Entered: 12/11/2023)
9/27/2023MANDATE of USCA as to 25 Notice of Appeal filed by Nicholas Harding. Issued as Mandate: 9/27/23 USCA number: 23-11974. (SJW) (Entered: 09/27/2023)
9/8/2023JOINT STATUS report by Google LLC. (Kilby, Douglas) (Modified on 9/8/2023 to edit docket text) (JDR). (Entered: 09/08/2023)
9/5/2023OPINION of USCA Decision: Dismissed as to 25 Notice of Appeal filed by Nicholas Harding. EOD: 9/5/2023; Mandate to issue at a later date. USCA number: 23-11974. (SJW) (Entered: 09/07/2023)
7/10/2023Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 25 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 23-11974. (SJW) (Entered: 07/10/2023)
6/20/2023
  • OrderDenied
ORDER DENYING 27 Plaintiff's Motion to Appeal in Forma Pauperis. The Clerk is directed to immediately notify the parties and the United States Court of Appeals for the Eleventh Circuit that Appellant's appeal is not taken in good faith. Within 30 days of the date of this Order, Appellant shall pay the applicable appellate docketing and filing fees or move to proceed in forma pauperis before the Eleventh Circuit Court of Appeals. Signed by Judge Brian J. Davis on 6/20/2023. (AMP) (Entered: 06/20/2023)
6/16/2023
  • Motion
MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Nicholas Harding. (Originally filed at USCA on 6/15/2023 and received in Jacksonville division on 6/16/2023) (LMF) (Entered: 06/16/2023)
6/13/2023TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, order/judgment being appealed, and motion, if applicable to USCA re 25 Notice of Appeal. (Attachments: # 1 Notice of appeal, # 2 order)(SJW) (Entered: 06/13/2023)
6/12/2023NOTICE OF APPEAL as to 24 Order by Nicholas Harding. Filing fee not paid. (MDC) (Entered: 06/12/2023)
6/9/2023Case Stayed. (BGR) (Entered: 06/09/2023)
6/9/2023
  • Order
ORDER OVERRULING 23 Plaintiff's Objection to Report and Recommendation; ADOPTING as supplemented 22 Report and Recommendation; GRANTING 12 Defendant's Motion to Compel Arbitration. This case is STAYED and the Clerk shall ADMINISTRATIVELY CLOSE the file until further order of the Court. The parties shall file on or before September 8, 2023, a status report that informs the Court of the status of arbitration and updated status reports every 90 days thereafter until arbitration is complete. Signed by Judge Brian J. Davis on 6/8/2023. (AMP) (Entered: 06/09/2023)
6/6/2023OBJECTION re 22 REPORT AND RECOMMENDATIONS filed by Nicholas Harding. (MDC) (Entered: 06/07/2023)
6/5/2023
  • Motion to Compel Arbitration (Arbitration Demand)
REPORT AND RECOMMENDATIONS re 12 Defendant Google LLC's Motion to Compel Arbitration Signed by Magistrate Judge Joel B. Toomey on 6/5/2023. (JDM) (Entered: 06/05/2023)
5/19/2023
  • Motion to Compel Arbitration (Arbitration Demand)
SURREPLY to 18 Google's Reply Memorandum in Support of 12 Defendant Google LLC's Motion to Compel Arbitration and Supporting Memorandum of Law filed by Nicholas Harding. (MDC) (Entered: 05/22/2023)
5/10/202320
  • Motion to FileGranted
ENDORSED ORDER granting 19 Plaintiff's Unopposed Motion for Leave to File Surreply. Plaintiff may file a surreply of no more than five (5) pages on or before May 24, 2023. The surreply, and all of Plaintiff's future filings, must comply with the typography requirements contained in Local Rule 1.08(a). See M.D. Fla. R. 1.08(a). Any future non-compliant filings are subject to being stricken. Signed by Magistrate Judge Joel B. Toomey on 5/10/2023. (JDM) (Entered: 05/10/2023)
5/9/2023
  • Motion to File
PLAINTIFF'S UNOPPOSED MOTION for Leave to File Surreply by Nicholas Harding. (MDC) (Entered: 05/09/2023)
5/3/2023
  • Motion to Compel Arbitration (Arbitration Demand)by Δ
MEMORANDUM in support re 12 Motion to Compel Arbitration filed by Google LLC. (Attachments: # 1 Affidavit Declaration of Sagorida Das)(Kilby, Douglas) (Entered: 05/03/2023)
5/1/202317
  • OrderGranted
ENDORSED ORDER: Defendant's Unopposed Motion to Extend Case Management Report Filing Deadline 16 is GRANTED. The parties shall jointly file a case management report, if necessary, 14 days after the Court rules on Defendant's Motion to Compel Arbitration. Signed by Judge Brian J. Davis on 5/1/2023. (EML) (Entered: 05/01/2023)
4/27/2023
  • Motion to Stayby Δ
Unopposed MOTION to Stay or Extension of Deadline to File Case Management Report by Google LLC. (Kilby, Douglas) (Entered: 04/27/2023)
4/26/202315
  • Motion to File ReplyGranted
ENDORSED ORDER granting 14 Defendant Google LLC's Unopposed Motion for Leave to File Reply. Defendant may file a reply of no more than five (5) pages on or before May 3, 2023. Signed by Magistrate Judge Joel B. Toomey on 4/26/2023. (JDM) (Entered: 04/26/2023)
4/25/2023
  • Motion to File Reply
Unopposed MOTION for Leave to File Reply by Google LLC. (Kilby, Douglas) (Modified on 4/26/2023 to edit docket text) (JDR). (Entered: 04/25/2023)
4/21/2023RESPONSE in Opposition re 1 Notice of Removal and 12 First MOTION to Compel Arbitration and Supporting Memorandum of Law filed by Nicholas Harding. (AET) (Entered: 04/21/2023)
4/17/2023
  • Motion to Compel Arbitration (Arbitration Demand)
First MOTION to Compel Arbitration and Supporting Memorandum of Law by Google LLC. (Attachments: # 1 Affidavit Declaration of Courney Shadd)(Kilby, Douglas) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 04/17/2023)
4/11/202311NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CKS) (Entered: 04/11/2023)
3/29/202310
  • OrderDenied
ENDORSED ORDER denying Plaintiff's 8 Motion for Pro Se Access to Electronic Filing System. Plaintiff is free to use the Court's Electronic Document Submission Web Portal. See https://flmd.uscourts.gov/electronic-document submission-web-portal. Signed by Magistrate Judge Joel B. Toomey on 3/29/2023. (JDM) (Entered: 03/29/2023)
3/24/2023CONDITIONAL Demand for Jury Trial by Nicholas Harding. (BGR) (Entered: 03/24/2023)
3/24/2023
  • Motion
MOTION for Pro Se Access to Electronic Filing System by Nicholas Harding. (BGR) (Entered: 03/24/2023)
3/22/2023
  • Order
ORDER advising Pro se Plaintiff of some of the rules with which he must comply. Signed by Magistrate Judge Joel B. Toomey on 3/22/2023. (JDM) (Entered: 03/22/2023)
3/22/20236
  • Motion to Extend TimeGranted
ENDORSED ORDER granting 5 Defendant Google LLC's Unopposed Motion to Extend Time to Respond to Complaint. Defendant shall have up to and including April 17, 2023 to respond to the Complaint for Damages and Injunctive Relief 3. Signed by Magistrate Judge Joel B. Toomey on 3/22/2023. (TSP) (Entered: 03/22/2023)
3/22/2023
  • Motion to Extend Time to Answer
Unopposed MOTION for Extension of Time to File Answer re 1 Notice of Removal, (Respond to Complaint) by Google LLC. (Kilby, Douglas) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 03/22/2023)
3/22/2023CORPORATE Disclosure Statement by Google LLC identifying Corporate Parent XXVI Holdings Inc., Corporate Parent Alphabet Inc. for Google LLC.. (Kilby, Douglas) (Entered: 03/22/2023)
3/21/2023
  • Complaint
COMPLAINT against Google LLC filed by Nicholas Harding (originally filed in Duval County Circuit Court on 2/21/2023).(BGR) (Entered: 03/21/2023)
3/21/20232 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:23-cv-0321-BJD-JBT. (SJB) (Entered: 03/21/2023)
3/20/2023
  • Complaintby Δ
COMPLAINT and NOTICE OF REMOVAL from Duval County Circuit Court, case number 2023-CA-001059 filed in State Court on 02/21/2023. Filing fee $402, receipt number AFLMDC-20630676 filed by Google LLC. (Attachments: # 1 State Court COMPLAINT Exhibit A, # 2 State Court Docket Sheet, # 3 State Court Other Documents, # 4 Civil Cover Sheet)(Kilby, Douglas) (Entered: 03/20/2023)