6:25-cv-00885
05/20/2025
Open
Commercial and Trade - Contract
SOURCE (“Defendant”), is a California corporation with its principal place of business in the State of Colorado located at W. Chatfield Ave, Suite 108, Littleton, Colorado .
3. Subject matter jurisdiction exists in this Court under 28 U.S.C. § 1332 (a), because this is a civil action, there is complete diversity of citizenship between Plaintiff and Defendant, and the amount in controversy exceeds $75,000.00, exclusive of interest, fees, and costs.
4. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 , because a substantial part of the events or omissions giving rise to the claims occurred in the Middle District of Florida. Additionally, venue is proper in this Court pursuant to Section 22 of the Reseller Agreement, Section 15 of the Forbearance Agreement, and Section 21 of the Amended Reseller Agreement (each of which as defined below), which designate the state or federal court sitting in Orange County, Florida, as the exclusive venue for any action brought under said Agreements.
5. Plaintiff has retained the undersigned law firm of Zimmerman, Kiser & Sutcliffe, P.A. to represent it in this action and owes said law firm reasonable attorneys’ fees for their services provided.
6. All conditions precedent to the filing of this action have been waived, occurred, or satisfied.
The Initial Reseller Agreement
7. On or about September 11, 2020 , Plaintiff and Defendant entered into a Software as a Services Reseller Agreement (the “Reseller Agreement”), a true and correct copy of which is attached hereto as Exhibit “A” and incorporated herein.1
8. As set forth in the Reseller Agreement, Plaintiff agreed to provide services to Defendant in the form of access to and the ability to resell Plaintiff’s employee benefits software and platform in exchange for payment by Defendant.
9. The Reseller Agreement contained an initial three-year term beginning September 11, 2020 and concluding September 10, 2023 .
10. Subsequent to the execution of the Reseller Agreement, Plaintiff provided access to and the ability to resell Plaintiff’s employee benefits software and platform as required by the terms of the Reseller Agreement. Plaintiff then issued invoices to Defendant for the services provided pursuant to the Reseller Agreement.
11. The Reseller Agreement required Defendant to pay Plaintiff the monthly minimum payments identified on Schedule A to the Reseller Agreement titled “Service Fees.”
1. Any redactions in any Exhibits are to remove Plaintiff’s proprietary and confidential information. Defendant is in possession of unredacted versions of all Exhibits. Alternatively, unredacted versions will be provided to Defendant upon request.
Page 3Presiding Judge
Anne C. Conway
Referral Judge
Robert M. Norway
Plaintiff
PlanSource Benefits Administration, Inc.
Defendant
Summit Services, Inc. doing business as Summit One Source
Plaintiff Attorneys
Virginia Regis Callahan
Harry Paul Rudo
Amor Neill Thupari
Defendant Attorneys
Nathan Jamieson
Kevin David Lloyd
(#30) Joint MOTION for Miscellaneous Relief, specifically for Extension of Time to Select Mediator Joint Motion for Extension of Time to Select Mediator by PlanSource Benefits Administration, Inc.. (Callahan, Virginia) (Entered: 10/02/2025)
(#28) CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/19/2025. Joinder of Parties due by 9/19/2025. Discovery due by 6/4/2026. Dispositive motions due by 6/18/2026. Pretrial statement due by 10/21/2026 All other motions due by 7/15/2026 Plaintiff disclosure of expert report due by 4/6/2026. Defendant disclosure of expert report due by 5/6/2026. Bench Trial set for trial term commencing on 12/1/2026 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Conduct mediation hearing by 7/27/2026. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 9/19/2025. (KLD) (Entered: 09/19/2025)
(#25) Unopposed MOTION for Bradley J. Anderson to Withdraw as Attorney for Plaintiff by PlanSource Benefits Administration, Inc. (Anderson, Bradley) Motions referred to Magistrate Judge Robert M. Norway. Modified on 9/12/2025 to edit the docket text (MLB). (Entered: 09/11/2025)
(#24) Unopposed MOTION for Ernest H. Kohlmyer, III to Withdraw as Attorney for Plaintiff by PlanSource Benefits Administration, Inc. (Kohlmyer, Ernest) Motions referred to Magistrate Judge Robert M. Norway. Modified on 9/12/2025 to edit the docket text (MLB). (Entered: 09/11/2025)
(#23) NOTICE of Lead Counsel Designation by Virginia Regis Callahan on behalf of PlanSource Benefits Administration, Inc. Lead Counsel: A. Neill Thupari. (Callahan, Virginia) Modified on 9/12/2025 to edit the docket text (MLB). (Entered: 09/11/2025)
(#22) Unopposed MOTION for Harry Rudo to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23855583 for $150 by PlanSource Benefits Administration, Inc. (Callahan, Virginia) Motions referred to Magistrate Judge Robert M. Norway. Modified on 9/12/2025 to edit the docket text (MLB). (Entered: 09/11/2025)
(#26) ENDORSED ORDER granting #21 Motion to Appear Pro Hac Vice; granting #22 Motion to Appear Pro Hac Vice provided counsel shall register for and use the Court's electronic filing system. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Signed by Magistrate Judge Robert M. Norway on 9/12/2025. (JBS) (Entered: 09/12/2025)
(#7) DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by PlanSource Benefits Administration, Inc.. (Anderson, Bradley) (Entered: 05/22/2025)
(#6) NOTICE of a related action Plaintiff's Notice of Pendency of Other Actions per Local Rule 1.07(c) by PlanSource Benefits Administration, Inc.. Related case(s): No (Anderson, Bradley) (Entered: 05/22/2025)
(#5) NOTICE of Lead Counsel Designation by Bradley Jacob Anderson on behalf of PlanSource Benefits Administration, Inc.. Lead Counsel: Bradley J. Anderson, Esq. (Anderson, Bradley) (Entered: 05/22/2025)
(#4) SUMMONS issued as to Summit Services, Inc. (BD) (Entered: 05/21/2025)
(#3) INITIAL CASE ORDER - Notice 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. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 5/21/2025. (KLD) (Entered: 05/21/2025)
Corporate Disclosure Statement
Notice of Pendency of Other Actions
Notice of Designation of Lead Counsel
Proposed Summons
Civil Cover Sheet
(#1) COMPLAINT against Summit Services, Inc. (Filing fee $405 receipt number AFLMDC-23376880) filed by PlanSource Benefits Administration, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Notice of Designation of Lead Counsel, #4 Notice of Pendency of Other Actions, #5 Corporate Disclosure Statement)(Anderson, Bradley) (Entered: 05/20/2025)
Docket(#31) ENDORSED ORDER granting #30 Motion for Extension of Time. The parties shall confer and select a mediator and file a joint notice on or before October 17, 2025. All other deadlines remain the same. Signed by Magistrate Judge Robert M. Norway on 10/3/2025. (JBS) (Entered: 10/03/2025)
[-] Read LessDocket(#30) Joint MOTION for Miscellaneous Relief, specifically for Extension of Time to Select Mediator Joint Motion for Extension of Time to Select Mediator by PlanSource Benefits Administration, Inc.. (Callahan, Virginia) (Entered: 10/02/2025)
[-] Read LessDocket(#29) CASE REFERRED to Mediation. Lead Counsel is directed to contact opposing counsel, select a mediator off the court's approved list of mediators on the website, contact selected mediator and file a notice with the court within 14 days from the date of this order advising the court of the selected mediator and mediation date. Mediation to be conducted in person or the parties shall file a motion seeking permission to conduct the mediation by Zoom. Any such motion shall include a statement that the Mediator consents to mediation by Zoom. (KLD) (Entered: 09/19/2025)
[-] Read LessDocket(#28) CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/19/2025. Joinder of Parties due by 9/19/2025. Discovery due by 6/4/2026. Dispositive motions due by 6/18/2026. Pretrial statement due by 10/21/2026 All other motions due by 7/15/2026 Plaintiff disclosure of expert report due by 4/6/2026. Defendant disclosure of expert report due by 5/6/2026. Bench Trial set for trial term commencing on 12/1/2026 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Conduct mediation hearing by 7/27/2026. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 9/19/2025. (KLD) (Entered: 09/19/2025)
[-] Read LessDocket(#27) ENDORSED ORDER granting #24 and #25 Motion to Withdraw as Attorney. Attorney Bradley Jacob Anderson and Ernest H. Kohlmyer, III terminated. Signed by Magistrate Judge Robert M. Norway on 9/12/2025. (JBS) (Entered: 09/12/2025)
[-] Read LessDocket(#26) ENDORSED ORDER granting #21 Motion to Appear Pro Hac Vice; granting #22 Motion to Appear Pro Hac Vice provided counsel shall register for and use the Court's electronic filing system. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Signed by Magistrate Judge Robert M. Norway on 9/12/2025. (JBS) (Entered: 09/12/2025)
[-] Read LessDocket(#25) Unopposed MOTION for Bradley J. Anderson to Withdraw as Attorney for Plaintiff by PlanSource Benefits Administration, Inc. (Anderson, Bradley) Motions referred to Magistrate Judge Robert M. Norway. Modified on 9/12/2025 to edit the docket text (MLB). (Entered: 09/11/2025)
[-] Read LessDocket(#24) Unopposed MOTION for Ernest H. Kohlmyer, III to Withdraw as Attorney for Plaintiff by PlanSource Benefits Administration, Inc. (Kohlmyer, Ernest) Motions referred to Magistrate Judge Robert M. Norway. Modified on 9/12/2025 to edit the docket text (MLB). (Entered: 09/11/2025)
[-] Read LessDocket(#23) NOTICE of Lead Counsel Designation by Virginia Regis Callahan on behalf of PlanSource Benefits Administration, Inc. Lead Counsel: A. Neill Thupari. (Callahan, Virginia) Modified on 9/12/2025 to edit the docket text (MLB). (Entered: 09/11/2025)
[-] Read LessDocket(#22) Unopposed MOTION for Harry Rudo to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23855583 for $150 by PlanSource Benefits Administration, Inc. (Callahan, Virginia) Motions referred to Magistrate Judge Robert M. Norway. Modified on 9/12/2025 to edit the docket text (MLB). (Entered: 09/11/2025)
[-] Read LessDocket(#10) NOTICE of Lead Counsel Designation by Bradley Jacob Anderson on behalf of PlanSource Benefits Administration, Inc.. Lead Counsel: Bradley J. Anderson. (Anderson, Bradley) (Entered: 06/06/2025)
[-] Read LessDocket(#9) Unopposed MOTION to Withdraw Nicholas J. Mari, Esq. as Co-Counsel for Plaintiff by PlanSource Benefits Administration, Inc.. (Anderson, Bradley) Motions referred to Magistrate Judge Robert M. Norway. Modified on 6/9/2025 to edit docket text (JDR). (Entered: 06/06/2025)
[-] Read LessDocket(#8) NOTICE of as Co-Counsel Appearance by Ernest H. Kohlmyer, III on behalf of PlanSource Benefits Administration, Inc. (Kohlmyer, Ernest) (Entered: 06/06/2025)
[-] Read LessDocket(#7) DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by PlanSource Benefits Administration, Inc.. (Anderson, Bradley) (Entered: 05/22/2025)
[-] Read LessDocket(#6) NOTICE of a related action Plaintiff's Notice of Pendency of Other Actions per Local Rule 1.07(c) by PlanSource Benefits Administration, Inc.. Related case(s): No (Anderson, Bradley) (Entered: 05/22/2025)
[-] Read LessDocket(#5) NOTICE of Lead Counsel Designation by Bradley Jacob Anderson on behalf of PlanSource Benefits Administration, Inc.. Lead Counsel: Bradley J. Anderson, Esq. (Anderson, Bradley) (Entered: 05/22/2025)
[-] Read LessDocket(#4) SUMMONS issued as to Summit Services, Inc. (BD) (Entered: 05/21/2025)
[-] Read LessDocket(#3) INITIAL CASE ORDER - Notice 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. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 5/21/2025. (KLD) (Entered: 05/21/2025)
[-] Read LessDocket(#2) NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Robert M. Norway. New case number: 6:25-cv-885-ACC-RMN. (ARL) (Entered: 05/21/2025)
[-] Read LessDocket(#1) COMPLAINT against Summit Services, Inc. (Filing fee $405 receipt number AFLMDC-23376880) filed by PlanSource Benefits Administration, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Notice of Designation of Lead Counsel, #4 Notice of Pendency of Other Actions, #5 Corporate Disclosure Statement)(Anderson, Bradley) (Entered: 05/20/2025)
[-] Read Less