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Contract: Other | Florida Southern
Status Conference
PAPERLESS Minute Order for proceedings held before Magistrate Judge Marty Fulgueira Elfenbein: Discovery Status Conference held on 10/1/2026 via Zoom. The Court heard from the Parties. Reasons stated on the record. Plaintiffs' counsel has started to propound discovery. Defendant indicated that it would file a Motion to Stay Discovery by the end of the week in light of the pending Motion to Dismiss and to Compel Arbitration. Defendant was reminded that the filing of a Motion to Stay is not an automatic stay and that discovery continues unless the District Judge enters an order staying discovery. Defendant has not engaged in discovery in an effort to avoid waiving its right to arbitration. The Court inquired whether Defendant has sought a stipulation from Plaintiff that engaging in discovery will not constitute a waiver of arbitration, but Defendant's counsel has not discussed that with Plaintiffs' counsel as of yet. The Court advised the Parties of the upcoming discovery deadline and advised them to meet and confer regarding their plan for discovery and any discovery disputes and to contact chambers should the parties need Court intervention on any discovery matters. Total time in court: 15 minutes. Attorney Appearance(s): Neil E. Asnen (counsel for the Defendant); Tonyia Jean Johnson and Eleanor C. Davis (counsel for the Plaintiff) (Digital 10:37:16; MFE_01_10-1-2026 (Zoom) (ogn1)
Securities/Commodities | Indiana Southern
Order
ORDER ON DEFENDANTS' MOTIONS TO DISMISS AND MOTION TO STRIKE AND DIRECTING FURTHER ACTION - The Court DENIES Defendants' embedded Motion to Strike (Filing No. 43 ), GRANTS Defendants' Motion to Dismiss (Filing No. 38 ) as to Plaint iffs' Securities Act claim (Count I) against IWP and Ducci, which are dismissed without prejudice, and intends to relinquish supplemental jurisdiction over Plaintiffs' remaining state law claims against IWP and Ducci. Plaintiffs' re quest for leave to file a third amended complaint is GRANTED. Plaintiffs, IWP, and Ducci are DIRECTED to contact the chambers of the Magistrate Judge to discuss a plan for jurisdictional discovery and deadline for Plaintiffs to file a third amende d complaint. If Plaintiffs do not file a third amended complaint, then the dismissal of their Securities Act claim against IWP and Ducci will be converted to a dismissal with prejudice, their state law claims against IWP and Ducci will be dismisse d without prejudice for lack of subject matter jurisdiction, and this action shall proceed only as to Plaintiffs' claims in the Second Amended Complaint against Linarducci, which remain stayed. (See Order.) Signed by District Judge Tanya Walton Pratt on 09/30/2026. (AJG)
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