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To: scion who wrote (5197)	2/18/2011 11:50:03 AM
From: scion	Respond to of 53574

02/18/2011 26 ORDER that motion to amend/correct and 16 Motion for discovery 16 granted in part, in that Mr. Kaplanis may refile his complaint using Nevada substantive law and may attempt to cure any alleged jurisdictional defects. However, the motion for limited discovery is denied. Defendant's motion to dismiss 10 is denied as moot because there will be an amended complaint pled. The plaintiff has five (5) days to file the amended complaint. The parties have five (5) days to file a joint motion to the Court stipulating to waiver of the choice-of-law provision should they choose. Signed by Judge Elizabeth A. Kovachevich on 2/18/2011. (SN) (Entered: 02/18/2011) Doc 26 PDF file docstoc.com

To: scion who wrote (5197)	2/18/2011 12:10:07 PM
From: scion	Read Replies (1) \| Respond to of 53574

Kaplanis v. JBI, Inc. et al Doc 26 extract UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case No. 8:10-cv-2140-EAK-AEP MICHAEL KAPLANIS, Plaintiff, v. JBI, INC. and JOHN BORDYNUIK, Defendants. ______________________________ ORDER This cause comes before the court on Defendants’ Motion to Dismiss Counts II and III of the Complaint (Doc. 10), Plaintiff’s Motion to Amend/Correct Complaint and for Limited Discovery (Doc. 16) and Defendants’ Response to Amend/Correct Complaint and for Limited Discovery (Doc. 25). The primary cause of action alleged in the complaint is breach of contract (Docs. 1 and 16). Both parties in their pleadings, motions, and responses have cited Florida law (Docs. 1, 9, 10, 16, and 25). This is appropriate regarding the dispute on personal jurisdiction as Federal Rule of Civil Procedure 4(k)(1)(A) requires that the Court apply the law of the state in which the Court sits. However, the parties have not indicated to the Court that they have waived the choiceof-law provision in their contract which requires this Court to apply Nevada substantive law unless the parties consent otherwise (Doc. 10, ¶ 14), Mazzoni Farms Inc. v. E.I. DuPont De Nemours and Co., 761 So. 2d 306, 311 (Fla. 2000). Nothing before the Court indicates that the parties have elected to waive the choice-of-law provision. In light of the express nature of the provision and without express consent from the parties, the Court is loathe to avoid it. The parties will have an opportunity to jointly move the Court to waive the choice-of-law provision should they choose to do so. ORDERED that Plaintiff’s motion to amend and for leave for discovery (Doc. 16) is granted in part, in that Mr. Kaplanis may refile his complaint using Nevada substantive law and may attempt to cure any alleged jurisdictional defects. However, the motion for limited discovery is denied. Defendant’s motion to dismiss (Doc. 10) is denied as moot because there will be an amended complaint pled. The plaintiff has five (5) days to file the amended complaint. The parties have five (5) days to file a joint motion to the Court stipulating to waiver of the choice-of-law provision should they choose. DONE and ORDERED in Chambers in Tampa, Florida, this 18th day of February, 2011. cc: All parties and counsel Doc 26 PDF file docstoc.com

To: scion who wrote (5197)	3/2/2011 6:22:37 PM
From: scion	Read Replies (3) \| Respond to of 53574

Pacer update 02 Mar 11 Kaplanis v. JBI, Inc. et al CIVIL DOCKET FOR CASE #: 8:10-cv-02140-EAK-AEP ecf.flmd.uscourts.gov Date Filed # Docket Text 03/02/2011 27 NOTICE of Voluntary Dismissal without Prejudice by Michael Kaplanis (Gilbert, Jonathan) (Entered: 03/02/2011) Kaplanis v. JBI, Inc. et al Assigned to: Judge Elizabeth A. Kovachevich Referred to: Magistrate Judge Anthony E. Porcelli Cause: 28:1332 Diversity-Breach of Contract Date Filed: 09/27/2010 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: Diversity Plaintiff Michael Kaplanis represented by Jonathan T. Gilbert Feldman, Fox & Morgado, PA Suite 1000 2701 N Rocky Point Dr Tampa, FL 33607 813/639/9366 Fax: 813/639/9376 Email: jgilbert@ffmlawgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant JBI, Inc. a Nevada Corporation represented by Cathy J. Beveridge Fowler White Boggs 501 E Kennedy Blvd - Ste 1700 (33602) PO Box 1438 Tampa, FL 33601-1438 813/228-7411 ext: 1145 Fax: 813/229-8313 Email: cbeveridge@fowlerwhite.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant John Bordynuik an individual represented by Cathy J. Beveridge (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ecf.flmd.uscourts.gov