U.S. District Court Southern District of Florida (Ft Lauderdale) CIVIL DOCKET FOR CASE #: 0:16-cv WJZ

Transcription

1 US District Court Civil Docket as of January 24, 2018 Retrieved from the court on January 24, 2018 U.S. District Court Southern District of Florida (Ft Lauderdale) CIVIL DOCKET FOR CASE #: 0:16-cv WJZ McCleod v. Monaker Group, Inc. et al Assigned to: Judge William J. Zloch Cause: 15:0078 Securities Exchange Act Plaintiff William McCleod individually and on behalf of all others similarly situated Date Filed: 12/09/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by Brian Carson Tackenberg Crabtree & Auslander 240 Crandon Boulevard, Suite 101 Key Biscayne, FL (305) Fax: (305) George Richard Baise, Jr. Crabtree & Auslander 240 Crandon Boulevard, Suite 101 Key Biscayne, FL (305) Fax: (305) John Granville Crabtree Crabtree & Auslander 240 Crandon Boulevard, Suite 101 Key Biscayne, FL Fax: V.

2 Defendant Monaker Group, Inc. formerly known as Next 1 Interactive, Inc. represented by John Ernest Clabby Carlton Fields Jorden Burt PA 4221 W. Boy Scout Blvd., Ste Tampa, FL Fax: jclabby@carltonfields.com Adrian K. Felix Carlton Fields Jorden Burt, P.A. 100 SE 2nd Street Suite 4000 PO Box Miami, FL Fax: afelix@cfjblaw.com TERMINATED: 04/07/2017 Erin Jeanette Hoyle Carlton Fields Jorden Burt 4221 W. Boy Scout Blvd. Ste Tampa, FL (813) Fax: (813) ehoyle@carltonfields.com Jose Antonio Loredo Carlton Fields Jorden Burt P.A. Miami Tower, Suite S.E. Second Street Miami, FL Fax: jloredo@cfjblaw.com Defendant William Kerby represented by John Ernest Clabby Adrian K. Felix

3 TERMINATED: 04/07/2017 Erin Jeanette Hoyle Jose Antonio Loredo Defendant Don Monaco represented by John Ernest Clabby Adrian K. Felix TERMINATED: 04/07/2017 Erin Jeanette Hoyle Jose Antonio Loredo Defendant D'arelli Pruzansky P.A. represented by Adam Jay Hodkin Hodkin Stage 54 SW Boca Raton Blvd Boca Raton, FL Fax: Jon Kevin Stage Hodkin Stage 54 SW Boca Raton Blvd Boca Raton, FL Fax:

4 Philip Edward Ward Hodkin Stage Ward 54 SW Boca Raton Boulevard Boca Raton, FL Fax: Evan David Appell GrayRobinson PA 401 E Las Olas Boulevard Suite 1000 Fort Lauderdale, FL Fax: eappell@gray-robinson.com TERMINATED: 10/12/2017 Date Filed # Docket Text 12/09/ COMPLAINT against All Defendants. Filing fees $ receipt number 113C , filed by William McCleod.(Crabtree, John) (Entered: 12/09/2016) 12/09/ Judge Assignment to Judge William J. Zloch (jas) (Entered: 12/09/2016) 12/09/ Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (jas) (Entered: 12/09/2016) 12/09/ Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (jas) (Entered: 12/09/2016) 12/09/ AFFIDAVIT in Support re 1 Complaint by William McCleod. (Attachments: # 1 Exhibit)(Crabtree, John) (Entered: 12/09/2016) 12/09/ NOTICE by William McCleod re 1 Complaint (Attachments: # 1 Exhibit) (Crabtree, John) (Entered: 12/09/2016) 12/16/ Final Order of Dismissal as to Count V. Signed by Judge William J. Zloch on 12/16/2016. (bc) (Entered: 12/16/2016) 12/19/ NOTICE by William McCleod of Filing (Attachments: # 1 Exhibit A) (Crabtree, John) (Entered: 12/19/2016)

5 12/19/ WAIVER OF SERVICE Returned Executed by William McCleod. William Kerby waiver sent on 12/19/2016, answer due 2/17/2017. (Crabtree, John) (Entered: 12/19/2016) 12/19/ WAIVER OF SERVICE Returned Executed by William McCleod. Don Monaco waiver sent on 12/19/2016, answer due 2/17/2017. (Crabtree, John) (Entered: 12/19/2016) 12/19/ WAIVER OF SERVICE Returned Executed by William McCleod. Monaker Group, Inc. waiver sent on 12/19/2016, answer due 2/17/2017. (Crabtree, John) (Entered: 12/19/2016) 12/21/ NOTICE by William McCleod (Attachments: # 1 Exhibit A) (Crabtree, John) (Entered: 12/21/2016) 12/22/ Clerks Notice to Filer re 12 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. It is not necessary to refile this document. (asl) (Entered: 12/22/2016) 12/22/ Summons Issued as to D'arelli Pruzansky P.A. (asl) (Entered: 12/22/2016) 01/10/ NOTICE of Attorney Appearance by John Ernest Clabby on behalf of William Kerby, Don Monaco, Monaker Group, Inc.. Attorney John Ernest Clabby added to party William Kerby(pty:dft), Attorney John Ernest Clabby added to party Don Monaco(pty:dft), Attorney John Ernest Clabby added to party Monaker Group, Inc.(pty:dft). (Clabby, John) (Entered: 01/10/2017) 01/10/ Corporate Disclosure Statement by William Kerby, Don Monaco, Monaker Group, Inc. (Clabby, John) (Entered: 01/10/2017) 01/10/ NOTICE of Attorney Appearance by Erin Jeanette Hoyle on behalf of William Kerby, Don Monaco, Monaker Group, Inc.. Attorney Erin Jeanette Hoyle added to party William Kerby(pty:dft), Attorney Erin Jeanette Hoyle added to party Don Monaco(pty:dft), Attorney Erin Jeanette Hoyle added to party Monaker Group, Inc.(pty:dft). (Hoyle, Erin) (Entered: 01/10/2017) 01/10/ NOTICE of Attorney Appearance by Jose Antonio Loredo on behalf of William Kerby, Don Monaco, Monaker Group, Inc.. Attorney Jose Antonio Loredo added to party William Kerby(pty:dft), Attorney Jose Antonio Loredo added to party Don Monaco(pty:dft), Attorney Jose Antonio Loredo added to party Monaker Group, Inc.(pty:dft). (Loredo, Jose) (Entered: 01/10/2017) 01/10/ NOTICE of Attorney Appearance by Adrian K. Felix on behalf of William Kerby, Don Monaco, Monaker Group, Inc.. Attorney Adrian K. Felix added to party William Kerby(pty:dft), Attorney Adrian K. Felix added to party Don Monaco(pty:dft), Attorney Adrian K. Felix added to party Monaker Group, Inc.(pty:dft). (Felix, Adrian) (Entered: 01/10/2017) 01/17/ ORDER of Instructions. Signed by Judge William J. Zloch on 1/17/2017. (bc) (Entered: 01/17/2017) 01/27/ Unopposed MOTION for Extension of Time to File Response as to 1 Complaint by D'arelli Pruzansky P.A.. Attorney Philip Edward Ward added to party D'arelli

6 Pruzansky P.A.(pty:dft). Responses due by 2/10/2017 (Ward, Philip) Modified to add document link on 1/27/2017 (mc). (Entered: 01/27/2017) 01/27/ Clerks Notice to Filer re 21 Unopposed MOTION for Extension of Time to File Response to Complaint. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (mc) (Entered: 01/27/2017) 01/30/ PAPERLESS ORDER granting 21 Motion for Extension of Time. Defendant D'Arelli Pruzansky, P.A., shall have until noon on Friday, February 17, 2017, to file its Answer or other responsive pleading. Signed by Judge William J. Zloch on 1/30/2017. (dcr) (Entered: 01/30/2017) 02/02/ Corporate Disclosure Statement by D'arelli Pruzansky P.A. (Appell, Evan) (Entered: 02/02/2017) 02/03/ NOTICE by William McCleod re 8 Notice (Other) of Filing Plaintiff Investment Information (Crabtree, John) (Entered: 02/03/2017) 02/07/ Joint SCHEDULING REPORT - Rule 16.1 by William Kerby, Don Monaco, Monaker Group, Inc. (Attachments: # 1 Exhibit A - Proposed Joint Scheduling Order)(Clabby, John) (Entered: 02/07/2017) 02/16/ ORDER for Pre-Trial Conference: Pretrial Conference set for 2/9/2018 at 9:30 AM in Fort Lauderdale Division before Judge William J. Zloch. Pretrial Stipulation due by Noon, 1/26/2018. Signed by Judge William J. Zloch on 2/16/2017. (bc) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to or click here. (Entered: 02/16/2017) 02/16/ ORDER REFERRING CASE to Mediation. Signed by Judge William J. Zloch on 2/16/2017. (bc) (Entered: 02/16/2017) 02/16/ Order on Trial Instructions. Signed by Judge William J. Zloch on 2/16/2017. (bc) (Entered: 02/16/2017) 02/16/ MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memorandum of Law by William Kerby, Don Monaco, Monaker Group, Inc.. Responses due by 3/2/2017 (Clabby, John) (Entered: 02/16/2017) 02/17/ MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by D'arelli Pruzansky P.A.. Responses due by 3/3/2017 (Attachments: # 1 Exhibit A - Monaker 10-K FYE 02/29/2012, # 2 Exhibit B (Part 1) - Monaker 10-K FYE 02/28/2013, # 3 Exhibit B (Part 2) - Monaker 10-K FYE 02/28/2013, # 4 Exhibit C - Monaker 10-K FYE 02/28/2014, # 5 Exhibit D - Monaker 10-K FYE 02/28/2015)(Ward, Philip) (Entered: 02/17/2017) 02/27/ Unopposed MOTION for Extension of Time 14-DAY ENLARGEMENT OF TIME TO FILE OPPOSING MEMORANDA IN RESPONSE TO TWO PENDING MOTIONS TO DISMISS re 31 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law, 30 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM & Incorporated

7 Memorandum of Law by William McCleod. Responses due by 3/13/2017 (Attachments: # 1 Text of Proposed Order)(Crabtree, John) (Entered: 02/27/2017) 02/28/ PAPERLESS ORDER granting 32 Motion for Extension of Time. Plaintiff shall have until noon on Thursday, March 16, 2017, to file his Response to 30 Defendants Monaker Group, Inc., William Kerby, And Don Monaco's Motion To Dismiss, and until noon on Friday, March 17, 2017, to file his Response to 31 Defendant D'Arelli Pruzansky, P.A.'s Motion To Dismiss. Signed by Senior Judge William J. Zloch on 2/28/2017. (dcr) (Entered: 02/28/2017) 02/28/2017 Reset Deadlines per 33 Order as to 30 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memorandum of Law, 31 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law. Responses due by 3/16/2017. Responses due by 3/17/2017 (asl) (Entered: 03/01/2017) 03/01/ Unopposed MOTION to Stay Discovery & Other Proceedings & Incorporated Memo of Law by William Kerby, Don Monaco, Monaker Group, Inc., D'arelli Pruzansky P.A. Responses due by 3/15/2017 (Attachments: # 1 Exhibit Proposed Order)(Clabby, John) Modified to add missing filer on 3/2/2017 (asl). (Entered: 03/01/2017) 03/02/ Clerks Notice to Filer re 34 Unopposed MOTION to Stay Discovery & Other Proceedings & Incorporated Memo of Law. Missing Filer Name(s); ERROR - The filer failed to select all parties indicated on DE # 34. The correction was made by the Clerk. It is not necessary to refile this document. (asl) (Entered: 03/02/2017) 03/03/ ORDER granting 34 Motion to Stay. Signed by Senior Judge William J. Zloch on 3/3/2017. (bc) (Entered: 03/03/2017) 03/08/ NOTICE by William McCleod re 29 Order on Trial Instructions (Crabtree, John) (Entered: 03/08/2017) 03/09/ Clerks Notice to Filer re 37 Notice (Other). Mediator Not Added; ERROR - The Filer failed to add all parties/mediator. Filer is instructed to file a Notice of Entry of Parties and add the mediator. (asl) (Entered: 03/09/2017) 03/09/ NOTICE of Mediator Selection. Added Howard A. Tescher. (Crabtree, John) (Entered: 03/09/2017) 03/16/ RESPONSE in Opposition re 30 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memorandum of Law filed by William McCleod. Replies due by 3/23/2017. (Crabtree, John) (Entered: 03/16/2017) 03/17/ RESPONSE in Opposition re 31 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by William McCleod. Replies due by 3/24/2017. (Crabtree, John) (Entered: 03/17/2017) 03/17/ NOTICE by William McCleod re 28 Order Referring Case to Mediation (Attachments: # 1 Exhibit Exhibit A) (Crabtree, John) (Entered: 03/17/2017) 03/20/ Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 31 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by D'arelli Pruzansky P.A.. (Ward, Philip) (Entered: 03/20/2017)

8 03/21/ PAPERLESS ORDER granting 43 Motion for Extension of Time. Defendant D'Arelli Pruzansky, P.A., shall have until noon on Friday, March 31, 2017, to file its Reply in support of its 31 Motion To Dismiss. Signed by Senior Judge William J. Zloch on 3/21/2017. (dcr) (Entered: 03/21/2017) 03/21/2017 Reset Deadlines per 44 Order as to 31 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law. Replies due by 3/31/2017. (asl) (Entered: 03/21/2017) 03/21/ Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 40 Response in Opposition to Motion, 30 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memorandum of Law by William Kerby, Don Monaco, Monaker Group, Inc.. (Attachments: # 1 Exhibit Proposed Order)(Clabby, John) (Entered: 03/21/2017) 03/22/ PAPERLESS ORDER granting 45 Motion for Extension of Time. Defendants Monaker Group, Inc., William Kerby, and Don Monaco shall have until noon on Thursday, March 30, 2017, to file their Reply in support of their 30 Motion To Dismiss. Signed by Senior Judge William J. Zloch on 3/22/2017. (dcr) (Entered: 03/22/2017) 03/22/2017 Reset Deadlines per 46 Order as to 30 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memorandum of Law. Replies due by 3/30/2017. (asl) (Entered: 03/22/2017) 03/30/ REPLY in Support of 30 Motion to Dismiss by William Kerby, Don Monaco, Monaker Group, Inc.. (Clabby, John) Modified document link on 3/30/2017 (asl). (Entered: 03/30/2017) 03/31/ REPLY to Response to Motion re 31 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law filed by D'arelli Pruzansky P.A.. (Ward, Philip) (Entered: 03/31/2017) 04/07/ NOTICE by William Kerby, Don Monaco, Monaker Group, Inc. of Withdrawal of Counsel (Felix, Adrian) (Entered: 04/07/2017) 04/07/2017 Attorney Adrian K. Felix terminated. (ls) (per DE # 49 ) (Entered: 04/10/2017) 10/10/ STIPULATION for Substitution of Counsel by D'arelli Pruzansky P.A. (Ward, Philip) (Entered: 10/10/2017) 10/12/ ORDER Approving, Adopting and Ratifying 50 Stipulation for Substitution of Counsel; Attorney Adam Jay Hodkin, Jon Kevin Stage for D'arelli Pruzansky P.A. added, Attorney Evan David Appell terminated. Signed by Senior Judge William J. Zloch on 10/13/2017. (jas) (Entered: 10/13/2017) 10/16/ NOTICE by William Kerby, Don Monaco, Monaker Group, Inc. re 42 Notice (Other) JOINT NOTICE of Cancellation/Postponement of Mediation (Clabby, John) (Entered: 10/16/2017) 01/24/ ORDER granting 30 Motion to Dismiss ; granting 31 Motion to Dismiss. Amended Complaint due by 2/23/2018. Signed by Senior Judge William J. Zloch on 1/24/2018. (bc) (Entered: 01/24/2018)

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