Judge 
Party 
Law Firm Martin v. Lens.com, Inc.
0:24-cv-60489 | Florida Southern District Court
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Division
Ft Lauderdale
Judge
Judge David S. Leibowitz
Filed
March 27, 2024
Case Flags
MEDIATION,
PAB,
and
REF_DISCOV
Magistrate
Magistrate Judge Panayotta D. Augustin-Birch
Nature of Suit
190 Contract - Other
Cause
28:1332 Diversity-Notice of Removal
Jury Demand
Plaintiff
Last Updated: 1 month ago
Show Interactive Timeline
| Upcoming Events | ||
|---|---|---|
4 Months
| Mediation Hearing set for 8/27/2025 at 09:00 AM. Signed by Judge David S. Leibowitz on 12/29/2024. Mediation Hearing set for 08/27/2025 at 9 a.m. EST. | Source Add |
10 Months
| ( Mediation Deadline 2/17/2026. | Source Add |
13 Months
| Calendar Call set for 5/27/2026 01:45 PM in Fort Lauderdale Division before Judge David S. Leibowitz. | Source Add |
14 Months
| ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 6/1/2026 in Fort Lauderdale Division before Judge David S. Leibowitz. | Source Add |
| Filing Date | # | Docket Text |
|---|---|---|
| 2/7/2025 | 65 | Defendant's NOTICE of Filing Motion for Transfer of Actions to the District of Nevada by Lens.com, Inc. (Attachments: # 1 Exhibit Defendant's Motion for Transfer of Actions to District of Nevada) (Lee, James)Event Modified on 2/10/2025 (cqs). Term'd per chambers on 2/10/2025 (mf). (Entered: 02/07/2025) |
| 1/23/2025 | 64 | ORDER denying 57 Motion for Reconsideration. Signed by Judge David S. Leibowitz on 1/23/2025. See attached document for full details. (gqa) (Entered: 01/24/2025) |
| 1/21/2025 | 63 | RESPONSE in Support re 57 Defendant's MOTION for Reconsideration re 50 Order on Motion to Strike,,,, Order on Motion to Change Venue,,,, Order on Motion to Dismiss for Failure to State a Claim,,, filed by Lens.com, Inc.. (Lee, James) (Entered: 01/21/2025) |
| 1/13/2025 | 62 | RESPONSE in Opposition re 57 Defendant's MOTION for Reconsideration re 50 Order on Motion to Strike,,,, Order on Motion to Change Venue,,,, Order on Motion to Dismiss for Failure to State a Claim,,, filed by Rickey Martin. Replies due by 1/21/2025. (Stephens, James) (Entered: 01/13/2025) |
| 12/29/2024 | 61 | ORDER Scheduling Mediation before Mediator Bruce W. Greer. Mediation Hearing set for 8/27/2025 at 09:00 AM. Signed by Judge David S. Leibowitz on 12/29/2024. See attached document for full details. (gqa) (Entered: 12/30/2024) |
| 12/23/2024 | 60 | NOTICE of Mediator Selection and Hearing. Joint Proposed Order Scheduling Mediation Selected/Added Bruce W. Greer as Mediator. Mediation Hearing set for 08/27/2025 at 9 a.m. EST. (Stephens, James) (Entered: 12/23/2024) |
| 12/18/2024 | 59 | ORDER granting 58 Motion for Extension of Time to File. Response to ECF No. 57 due by 1/13/2025. Signed by Judge David S. Leibowitz on 12/18/2024. See attached document for full details. (gqa) (Entered: 12/19/2024) |
| 12/17/2024 | 58 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer Opposition to Defendant's Motion for Reconsideration by Rickey Martin. (Stephens, James) (Entered: 12/17/2024) |
| 12/16/2024 | 57 | Defendant's MOTION for Reconsideration re 50 Order on Motion to Strike,,,, Order on Motion to Change Venue,,,, Order on Motion to Dismiss for Failure to State a Claim,,, by Lens.com, Inc.. (Lee, James) (Entered: 12/16/2024) |
| 12/10/2024 | 56 | DEFENDANT LENS.COM, INC.'S ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Lens.com, Inc.. (Lee, James) (Entered: 12/10/2024) |
| 12/5/2024 | 55 | ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 12/5/2024. See attached document for full details. (mdl) (Entered: 12/05/2024) |
| 12/4/2024 | 54 | ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 6/1/2026 in Fort Lauderdale Division before Judge David S. Leibowitz., Calendar Call set for 5/27/2026 01:45 PM in Fort Lauderdale Division before Judge David S. Leibowitz.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 2/17/2026.), ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for Discovery Matters. Signed by Judge David S. Leibowitz on 12/4/2024. See attached document for full details. (cqs) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 12/05/2024) |
| 12/2/2024 | 53 | ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 12/17/2024 Signed by Judge David S. Leibowitz on 12/2/2024. See attached document for full details. (cqs) (Entered: 12/02/2024) |
| 12/2/2024 | 52 | Joint SCHEDULING REPORT - Rule 26(f) by Rickey Martin (Attachments: # 1 Text of Proposed Order)(Stephens, James) (Entered: 12/02/2024) |
| 11/20/2024 | 51 | ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in District of Nevada as case 2:24-cv-02160, filed 11/19/2024. (bb) (Entered: 11/20/2024) |
| 11/19/2024 | SYSTEM ENTRY - Case 0:24-cv-60489 electronically transferred out to Nevada. (cqs) (Entered: 11/19/2024) | |
| 11/18/2024 | 50 | MEMORANDUM OPINION AND OMNIBUS ORDER, denying as moot 46 Motion to Strike 46 Plaintiff's MOTION to Strike Portions of the Declaration and Supplemental Declaration of Tim Jaeck Filed in Support of Motion to Transfer, 17 Defendant's MOTION to Change Venue , 18 Defendant's MOTION TO DISMISS 1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM ; granting in part and denying in part 17 Motion to Change Venue; granting in part and denying in part 18 Motion to Dismiss for Failure to State a Claim( Joint Scheduling Report due by 12/2/2024, Responses due by 12/2/2024.). Signed by Judge David S. Leibowitz on 11/18/2024. See attached document for full details. (cqs) (Entered: 11/19/2024) |
| 11/5/2024 | 49 | RESPONSE in Opposition re 46 Plaintiff's MOTION to Strike Portions of the Declaration and Supplemental Declaration of Tim Jaeck Filed in Support of Motion to Transfer filed by Lens.com, Inc.. Replies due by 11/12/2024. (Attachments: # 1 Exhibit A)(Lee, James) (Entered: 11/05/2024) |
| 10/25/2024 | 48 | PAPERLESS Minute Entry for proceedings held before Judge David S. Leibowitz: Motion Hearing held on 10/25/2024 re 46 Plaintiff's MOTION to Strike Portions of the Declaration and Supplemental Declaration of Tim Jaeck Filed in Support of Motion to Transfer filed by Rickey Martin, 17 Defendant's MOTION to Change Venue filed by Lens.com, Inc. Total time in court: 1 hour(s) : 15 minutes. Attorney Appearance(s): Joseph M. Harmer, Laselve Elijah Harrison, James Matthew Stephens, Court Reporter: Patricia Bailey-Entin, 305-523-5635 / Patricia_BaileyEntin@flsd.uscourts.gov. (sm00) (Entered: 10/25/2024) |
| 10/23/2024 | 47 | Notice of Supplemental Authority re 17 Defendant's MOTION to Change Venue by Lens.com, Inc. (Attachments: # 1 Exhibit A- Memorandum, Opinion and Order) (Lee, James) (Entered: 10/23/2024) |
| 10/22/2024 | 46 | Plaintiff's MOTION to Strike Portions of the Declaration and Supplemental Declaration of Tim Jaeck Filed in Support of Motion to Transfer by Rickey Martin. Responses due by 11/5/2024. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Stephens, James) (Entered: 10/22/2024) |
| 10/18/2024 | 45 | RESPONSE in Support re 17 Defendant's MOTION to Change Venue filed by Lens.com, Inc.. (Attachments: # 1 Exhibit Ex. A - Order in Nail v. Lens.com, # 2 Exhibit Ex. B - Martin Deposition Notice, # 3 Exhibit Ex. C - Martin Deposition Transcript, # 4 Exhibit Ex. D - Jaeck Deposition Notice, # 5 Affidavit Supplemental Harmer Declaration)(Lee, James) (Entered: 10/18/2024) |
| 10/18/2024 | 44 | SUPPLEMENT to 34 Response in Opposition to Motion, Plaintiff's Supplemental Briefing Requested by the Court at August 28, 2024 Hearing by Rickey Martin (Attachments: # 1 Exhibit, # 2 Exhibit)(Stephens, James) (Entered: 10/18/2024) |
| 10/9/2024 | 43 | AGREED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER, granting 42 Motion for Confidentiality Order. Signed by Judge David S. Leibowitz on 10/9/2024. See attached document for full details. (cqs) (Entered: 10/09/2024) |
| 10/3/2024 | 42 | Joint MOTION for Protective Order and Confidentiality Stipulation by Lens.com, Inc.. (Attachments: # 1 Exhibit [Proposed] Confidentiality Stipulation and Protective Order)(Lee, James) (Entered: 10/03/2024) |
| 9/18/2024 | 41 | PAPERLESS ORDER granting 39 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Courtney C. Gipson; granting 40 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert G. Methvin, Jr. Signed by Judge David S. Leibowitz on 9/18/2024. (sm00) (Entered: 09/18/2024) |
| 9/17/2024 | 40 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert G. Methvin, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-17839949 by Rickey Martin. Responses due by 10/1/2024. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Migdal, Joshua) (Entered: 09/17/2024) |
| 9/17/2024 | 39 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Courtney C. Gipson. Filing Fee $ 200.00 Receipt # AFLSDC-17839915 by Rickey Martin. Responses due by 10/1/2024. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Migdal, Joshua) (Entered: 09/17/2024) |
| 9/16/2024 | 38 | NOTICE of Attorney Appearance by Joshua Adam Migdal on behalf of Rickey Martin. Attorney Joshua Adam Migdal added to party Rickey Martin(pty:pla). (Migdal, Joshua) (Entered: 09/16/2024) |
| 8/29/2024 | 37 | Order and Notice Setting Hearing: Evidentiary Hearing set for 10/25/2024 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 8/29/2024. See attached document for full details. (ls) (Entered: 08/30/2024) |
| 8/28/2024 | 36 | PAPERLESS Minute Order for proceedings held before Judge David S. Leibowitz: Hearing held 8/28/24 on 17 Defendant's MOTION to Change Venue. Order DENYING 28 Plaintiff's Motion to Strike for the reasons stated on the record at the hearing. Total time in court: 1 hour(s) : 10 minutes. Attorney Appearance(s): Mark M. Bettilyon, Joseph M. Harmer, Laselve Elijah Harrison, James Matthew Stephens, Court Reporter: Patricia Bailey-Entin, 305-523-5635 / Patricia_BaileyEntin@flsd.uscourts.gov. (sm00) (Entered: 08/28/2024) |
| 8/27/2024 | 35 | RESPONSE in Support re 17 Defendant's MOTION to Change Venue filed by Lens.com, Inc.. (Attachments: # 1 Exhibit A)(Lee, James) (Entered: 08/27/2024) |
| 8/27/2024 | 34 | RESPONSE in Opposition re 17 Defendant's MOTION to Change Venue Plaintiff Rickey Martin's Supplemental Briefing in Opposition to Defendant Lens.Com's Motion to Transfer Venue filed by Rickey Martin. Replies due by 9/3/2024. (Stephens, James) (Entered: 08/27/2024) |
| 8/21/2024 | 33 | REQUEST FOR SUPPLEMENTAL BRIEFING, ( Miscellaneous Deadline 8/27/2024.) Signed by Judge David S. Leibowitz on 8/21/2024. See attached document for full details. (cqs) (Entered: 08/21/2024) |
| 8/13/2024 | 32 | ORDER Setting Hearing on Motion 17 Defendant's MOTION to Change Venue : Motion Hearing set for 8/28/2024 10:00 AM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 8/13/2024. See attached document for full details. (cqs) (Entered: 08/14/2024) |
| 6/25/2024 | 31 | Plaintiff's Opposition to Defendant Len.com, Inc.'s Notice of Supplemental Authority to 30 Notice of Supplemental Authority by Rickey Martin. (Stephens, James) (Entered: 06/25/2024) |
| 6/24/2024 | 30 | Notice of Supplemental Authority re 17 Defendant's MOTION to Change Venue by Lens.com, Inc. (Attachments: # 1 Exhibit A) (Lee, James) (Entered: 06/24/2024) |
| 6/20/2024 | 29 | RESPONSE in Opposition re 28 MOTION to Strike 25 Reply to Response to Motion Plaintiff Rickey Martin's Motion to Strike False Statement Made by Defendant Lens.com in Its Reply in Support of Its Motion to Dismiss DEFENDANT LENS.COM, INC.'S OPPOSITION TO PLAINTIFF RICKEY MARTIN'S MOTION TO STRIKE filed by Lens.com, Inc.. Replies due by 6/27/2024. (Lee, James) (Entered: 06/20/2024) |
| 6/5/2024 | 28 | MOTION to Strike 25 Reply to Response to Motion Plaintiff Rickey Martin's Motion to Strike False Statement Made by Defendant Lens.com in Its Reply in Support of Its Motion to Dismiss by Rickey Martin. Responses due by 6/20/2024. (Stephens, James) (Entered: 06/05/2024) |
| 6/4/2024 | 27 | NOTICE of Striking 24 Reply to Response to Motion filed by Lens.com, Inc. by Lens.com, Inc. (Lee, James) (Entered: 06/04/2024) |
| 6/4/2024 | 26 | Defendant's REPLY to Response to Motion re 17 Defendant's MOTION to Change Venue filed by Lens.com, Inc.. (Attachments: # 1 Exhibit Harmer Declaration)(Lee, James) (Entered: 06/04/2024) |
| 6/4/2024 | 25 | Defendant's REPLY to Response to Motion re 18 Defendant's MOTION TO DISMISS 1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Lens.com, Inc.. (Lee, James) (Entered: 06/04/2024) |
| 6/4/2024 | 24 | STRICKEN Defendant's REPLY to Response to Motion re 17 Defendant's MOTION to Change Venue filed by Lens.com, Inc.. (Attachments: # 1 Exhibit Harmer Declaration)(Lee, James) Modified on 6/5/2024 per DE 27 Notice (kpe). (Entered: 06/04/2024) |
| 5/28/2024 | 23 | RESPONSE in Opposition re 17 Defendant's MOTION to Change Venue filed by Rickey Martin. Replies due by 6/4/2024. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Stephens, James) (Entered: 05/28/2024) |
| 5/28/2024 | 22 | RESPONSE in Opposition re 18 Defendant's MOTION TO DISMISS 1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Rickey Martin. Replies due by 6/4/2024. (Stephens, James) (Entered: 05/28/2024) |
| 5/3/2024 | 21 | ORDER granting 19 Motion for Extension of Time to File Response to Motion ; granting in part 20 Motion to Stay( Responses due by 5/28/2024.). Signed by Judge David S. Leibowitz on 5/2/2024. See attached document for full details. (cqs) (Entered: 05/03/2024) |
| 5/2/2024 | 20 | Joint MOTION to Stay re 18 Defendant's MOTION TO DISMISS 1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Rickey Martin. Responses due by 5/16/2024. (Stephens, James) (Entered: 05/02/2024) |
| 5/1/2024 | 19 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 17 Defendant's MOTION to Change Venue by Rickey Martin. (Stephens, James) (Entered: 05/01/2024) |
| 4/30/2024 | 18 | Defendant's MOTION TO DISMISS 1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Lens.com, Inc.. Responses due by 5/14/2024. (Attachments: # 1 Exhibit 1 - Jaeck Declaration)(Lee, James) (Entered: 04/30/2024) |
| 4/30/2024 | 17 | Defendant's MOTION to Change Venue by Lens.com, Inc.. Responses due by 5/14/2024. (Attachments: # 1 Exhibit 1 - Jaeck Declaration)(Lee, James) (Entered: 04/30/2024) |
| 4/29/2024 | 16 | Joint SCHEDULING REPORT - Rule 16.1 by Rickey Martin (Stephens, James) (Entered: 04/29/2024) |
| 4/29/2024 | 15 | Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Lens.com, Inc. (Lee, James) (Entered: 04/29/2024) |
| 4/29/2024 | 14 | Certificate of Other Affiliates/Corporate Disclosure Statement by Rickey Martin (Stephens, James) (Entered: 04/29/2024) |
| 4/19/2024 | 13 | CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorney's PACER account for attorney James Matthew Stephens re 12 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 04/19/2024) |
| 4/19/2024 | 12 | NOTICE of Change of Address, Email or Law Firm Name by James Matthew Stephens (Stephens, James) (Entered: 04/19/2024) |
| 4/17/2024 | 11 | ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Signed by Judge David S. Leibowitz on 4/17/2024. See attached document for full details. (cqs) (Entered: 04/18/2024) |
| 4/16/2024 | 10 | PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jed Hansen; granting 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joseph Harmer; granting 9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mark Bettilyon. Signed by Judge David S. Leibowitz on 4/16/2024. (sm00) (Entered: 04/16/2024) |
| 4/15/2024 | 9 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark Bettilyon. Filing Fee $ 200.00 Receipt # AFLSDC-17448285 by Lens.com, Inc.. Responses due by 4/29/2024. (Lee, James) (Entered: 04/15/2024) |
| 4/15/2024 | 8 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph Harmer. Filing Fee $ 200.00 Receipt # AFLSDC-17448266 by Lens.com, Inc.. Responses due by 4/29/2024. (Lee, James) (Entered: 04/15/2024) |
| 4/15/2024 | 7 | MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jed Hansen. Filing Fee $ 200.00 Receipt # AFLSDC-17448234 by Lens.com, Inc.. Responses due by 4/29/2024. (Lee, James) (Entered: 04/15/2024) |
| 4/5/2024 | 6 | STATUS REPORT DEFENDANT LENS.COM, INC.S REMOVAL STATUS REPORT by Lens.com, Inc. (Lee, James) (Entered: 04/05/2024) |
| 3/29/2024 | 5 | ORDER, ( Status Report due by 4/5/2024.) Signed by Judge David S. Leibowitz on 3/28/2024. See attached document for full details. (cqs) (Entered: 03/29/2024) |
| 3/28/2024 | 4 | NOTICE of Compliance re: Notice of Removal by Lens.com, Inc. re 1 Notice of Removal (State Court Complaint), filed by Lens.com, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Lee, James) (Entered: 03/28/2024) |
| 3/28/2024 | 3 | Bar Letter re: Admissions sent to attorneys Matthew Herman, Mark M. Bettilyon, Jed H. Hansen and Joseph M. Harmer, mailing date March 28, 2024. (cw) (Entered: 03/28/2024) |
| 3/27/2024 | 2 | Clerks Notice of Judge Assignment to Judge David S. Leibowitz. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (scn) (Entered: 03/28/2024) |
| 3/27/2024 | 1 | NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint) Filing fee $ 405.00 receipt number AFLSDC-17401950, filed by Lens.com, Inc. (No Answer filed/No Motion to Dismiss filed) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet Civil Cover Sheet)(Lee, James) Modified text on 3/28/2024 (scn). (Entered: 03/27/2024) |
