DeVault v. Isdale
| DeVault and Megan Costa DeVault |
| Isdale and Holly Isdale |
| Bush Brothers & Company, Elizabeth N Wilson, Anthony G Wilson, William R Seale, James B Ethier, Kathleen N Keil, Rebecca N Tiller, Amy Counts and Jean Bush Nankivell |
| 6:2015cv00135 |
| January 28, 2015 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Orange |
| Roy B Dalton |
| Thomas B Smith |
| T B Smith |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on June 22, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 91 STIPULATION of Dismissal with Prejudice by Megan Costa DeVault. (Phillips, A.) |
| Filing 90 NOTICE of withdrawal of motion by Megan Costa DeVault re #89 MOTION for Hearing Regarding Definitive Settlement Agreement and Mutual General Release filed by Megan Costa DeVault (Phillips, A.) |
| Filing 89 MOTION for Hearing Regarding Definitive Settlement Agreement and Mutual General Release by Megan Costa DeVault. (Phillips, A.) |
Filing 88
ORDER granting #87 Motion to extend time. Signed by Magistrate Judge Thomas B. Smith on 5/23/2016. (Smith, Thomas)
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| Filing 87 Joint MOTION to extend time until 5/27/16 to Definite Agreement Deadline by Holly Isdale, Bush Brothers & Company, Megan Costa DeVault. (Phillips, A.) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 5/23/2016 (EJS). |
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Filing 86
ORDER dismissing case Signed by Judge Roy B. Dalton, Jr. on 5/5/2016. (VMF)
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| Filing 85 REPORT of outcome of magistrate judge settlement conference. Signed by Magistrate Judge Thomas B. Smith on 5/5/2016. (Smith, Thomas) |
| Filing 84 Minute Entry. Proceedings held before Magistrate Judge Thomas B. Smith: SETTLEMENT CONFERENCE held on 5/4/2016. SETTLED. (Digital) (PML) |
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Filing 83
ORDER granting #80 Motion to be excused from settlement conference. Signed by Magistrate Judge Thomas B. Smith on 4/28/2016. (Smith, Thomas)
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| Filing 82 Minute Entry. Proceedings held before Magistrate Judge Thomas B. Smith: MOTION HEARING held on 4/28/2016 re #80 MOTION to be excused from mediation filed by Bush Brothers & Company. (Digital) (PML) |
| Filing 81 NOTICE of hearing on motion re #80 MOTION to be excused from mediation . TELEPHONIC Motion Hearing set for 4/28/2016 at 10:00 AM in Orlando Courtroom 4 C before Magistrate Judge Thomas B. Smith. To appear telephonically call 5 minutes prior to the scheduled hearing time: 1-888-684-8852, Access Code: 6942916 and Security Code: 0428. Please advise who will be appearing telephonically by contacting the Courtroom Deputy at the following email address; trish_m_legros@flmd.uscourts.gov(PML) |
| Filing 80 MOTION to be excused from mediation by Bush Brothers & Company. (Hamner, Frank) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 4/27/2016 (EJS). |
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Filing 79
ORDER setting settlement conference requirements. Signed by Magistrate Judge Thomas B. Smith on 4/26/2016. (Smith, Thomas)
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Filing 78
PRETRIAL ORDER Bench Trial set for 5/9/2016 (date certain) at 09:00 AM before Judge Roy B. Dalton, Jr. Signed by Judge Roy B. Dalton, Jr. on 4/26/2016. (Attachments: #1, #2, #3, #4 )(VMF)
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| Filing 77 NOTICE of hearing: re: #76 Order Settlement Conference set for 5/4/2016 at 9:00 AM in Orlando Courtroom 4 C before Magistrate Judge Thomas B. Smith. ctp.(PML) |
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Filing 76
ORDER -- this case is hereby referred to Magistrate Judge Thomas B. Smith for a settlement conference. The parties are to contact Judge Smith's office to schedule a mutually agreeable time. Signed by Judge Roy B. Dalton, Jr. on 4/22/2016. (VMF)
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| Filing 75 NOTICE of hearing: Bench Trial set for 5/9/2016 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (VMF) (ctp) |
| Filing 74 Minute Entry. Proceedings held before Judge Roy B. Dalton, Jr.: FINAL PRETRIAL CONFERENCE held on 4/21/2016. Court Reporter: Amie First (VMF) |
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Filing 73
ORDER denying #64 Motion in Limine. See the Order for details. Signed by Magistrate Judge Thomas B. Smith on 4/19/2016. (Smith, Thomas)
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| Filing 72 Minute Entry. Proceedings held before Magistrate Judge Thomas B. Smith: MOTION HEARING held on 4/19/2016 re #64 MOTION in limine to Exclude Evidence Relating to the Divorce Litigation, For a PreTrial Ruling on Waiver, and For Leave to Reopen Discovery, or In The Alternative, to Strike, As to Keersten Martinez, Esq., and Local Rule 3.01(G) Certificate filed by Megan Costa DeVault. (Digital) (PML) |
| Filing 71 RESPONSE in Opposition re #64 MOTION in limine to Exclude Evidence Relating to the Divorce Litigation, For a PreTrial Ruling on Waiver, and For Leave to Reopen Discovery, or In The Alternative, to Strike, As to Keersten Martinez, Esq., and Local Rule 3.01(G) Certificate filed by Holly Isdale. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Anderson, Geddes) |
| Filing 70 NOTICE of Appearance by Geddes Dowling Anderson, Jr on behalf of Holly Isdale (Anderson, Geddes) |
| Filing 69 PROPOSED findings of fact and conclusions of law by Holly Isdale. (Anderson, Geddes) |
| Filing 68 TRIAL BRIEF by Megan Costa DeVault. (Phillips, A.) |
| Filing 67 Joint PRETRIAL statement by Megan Costa DeVault. (Phillips, A.) Modified on 4/15/2016 (EJS). |
| Filing 66 NOTICE of hearing on motion re #64 MOTION in limine to Exclude Evidence Relating to the Divorce Litigation, For a PreTrial Ruling on Waiver, and For Leave to Reopen Discovery, or In The Alternative, to Strike, As to Keersten Martinez, Esq., and Local Rule 3.01(G) Certificate. Motion Hearing set for 4/19/2016 at 2:00 PM in Orlando Courtroom 4 C before Magistrate Judge Thomas B. Smith. Counsel who wish to appear telephonically may do so by calling 5 minutes prior to the scheduled hearing time: 1-888-684-8852, Access Code: 6942916 and Security Code: 0419. Please advise if you will be appearing telephonically by contacting the Courtroom Deputy at the following email address; trish_m_legros@flmd.uscourts.gov. (ctp)(PML) |
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Filing 65
ORDER denying #54 Motion for summary judgment. Signed by Judge Roy B. Dalton, Jr. on 4/4/2016. (VMF)
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| Filing 64 MOTION in limine to Exclude Evidence Relating to the Divorce Litigation, For a PreTrial Ruling on Waiver, and For Leave to Reopen Discovery, or In The Alternative, to Strike, As to Keersten Martinez, Esq., and Local Rule 3.01(G) Certificate by Megan Costa DeVault. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit Composite E, #6 Exhibit F, #7 Exhibit Composite G, #8 Exhibit Composite H, #9 Exhibit Composite I, #10 Exhibit J, #11 Exhibit K)(Phillips, A.) |
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Filing 63
ORDER ruling deferred #53 Motion ; ruling deferred #55 Motion. Signed by Judge Roy B. Dalton, Jr. on 3/10/2016. (VMF)
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| Filing 62 RESPONSE in Opposition re #54 MOTION for summary judgment filed by Megan Costa DeVault. (Attachments: #1 Affidavit of Megan Costa DeVault, #2 Exhibit A-R, #3 Exhibit S, #4 Exhibit T-V, #5 Exhibit W - 1, #6 Exhibit W - 2, #7 Exhibit W - 3, #8 Exhibit X - 1, #9 Exhibit X - 2 and Y)(Phillips, A.) |
| Filing 61 Joint STATUS Report Regarding Mediation by Megan Costa DeVault, Holly Isdale. (Phillips, A.) Modified on 1/29/2016 (EJS). |
| Set deadline: Status Report due by 2/1/2016. (EJS) |
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Filing 60
ORDERED that the parties are directed to file a status report indicating the outcome of the mediation no later February 1, 2016. Signed by Judge Roy B. Dalton, Jr. on 1/27/2016. (VMF)
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| Filing 59 RESPONSE in Opposition re #53 MOTION to Exlude Expert Testimony of Lauren Detzel filed by Megan Costa DeVault. (Attachments: #1 Exhibit A, #2 Exhibit B-C)(Phillips, A.) |
| Filing 58 RESPONSE in Opposition re #55 MOTION to Exclude Opinion Testimony and to Strike Expert Report of Defendant's Expert, Mayanne Downs, Esq. filed by Holly Isdale. (Huth, Jonathan) |
| Filing 57 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The final pretrial conference is rescheduled. New hearing time: Final Pretrial Conference set for 4/21/2016 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (VMF) (ctp) |
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Filing 56
ORDER granting #49 Motion to Compel. Signed by Magistrate Judge Thomas B. Smith on 1/4/2016. (JMP)
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| Filing 55 MOTION to Exclude Opinion Testimony and to Strike Expert Report of Defendant's Expert, Mayanne Downs, Esq. by Megan Costa DeVault. (Phillips, A.) Modified on 12/31/2015 (EJS). |
| Filing 54 MOTION for summary judgment by Holly Isdale. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Huth, Jonathan) |
| Filing 53 MOTION to Exlude Expert Testimony of Lauren Detzel by Holly Isdale. (Attachments: #1 Exhibit 1)(Huth, Jonathan) Modified on 12/31/2015 (EJS). |
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Filing 52
ORDER directing Plaintiff to furnish copies of invoices on or before December 31, 2015, re #49 MOTION to Compel Discovery filed by Holly Isdale. Signed by Magistrate Judge Thomas B. Smith on 12/22/2015. ctp.(PML)
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| Filing 51 RESPONSE in Opposition re #49 MOTION to Compel Discovery filed by Megan Costa DeVault. (Phillips, A.) |
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Filing 50
ORDER granting in part and denying in part #48 Motion to extend time. Signed by Magistrate Judge Thomas B. Smith on 12/8/2015. (Smith, Thomas)
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| Reset scheduling order deadlines: Discovery due by 12/17/2015, Dispositive motions due by 12/31/2015, Conduct mediation hearing by 12/17/2015. Lead counsel to coordinate dates. (EJS) |
| Filing 49 MOTION to Compel Discovery by Holly Isdale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Huth, Jonathan) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 48 Joint MOTION to extend time to December 17, 2015 for Open Discovery and Mediation Deadlines and to January 18, 2016 for Dispositive and Daubert Motions Deadline by Megan Costa DeVault, Holly Isdale. (Phillips, A.) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 12/8/2015 (EJS). |
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Filing 47
ORDER -- Defendant's Rule 72(a) Objection to Magistrate Judge's October 26, 2015 Order Denying Motion to Compel (Doc. 43) is OVERRULED WITHOUT PREJUDICE. On or before Monday, December 7, 2015, Defendant may file a motion to compel that addresses the issue of the Redacted Invoices. Signed by Judge Roy B. Dalton, Jr. on 12/1/2015. (VMF)
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Filing 46
ORDER granting in part and denying in part #44 Motion to Compel discovery from intervenors. Signed by Magistrate Judge Thomas B. Smith on 12/1/2015. (Smith, Thomas)
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| Filing 45 RESPONSE and Opposition re #43 Objection to Court Order Denying Defendant's Motion to Compel filed by Megan Costa DeVault. (Phillips, A.) Modified on 11/24/2015 (EJS). |
| Filing 44 MOTION to Compel Discovery as to Intervenors Bush Brothers & Co. and Anthony Wilson by Megan Costa DeVault. (Attachments: #1 Exhibit Composite Exhibits A-C)(Phillips, A.) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 43 OBJECTION re #40 Order on motion to compel . (Attachments: #1 Exhibit A, #2 Exhibit B)(Anderson, Geddes) |
| Reset scheduling order deadline: Plaintiff and Intervenors' Discovery due by 11/13/2015 (EJS) |
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Filing 42
ORDER granting #41 Motion to extend time to resolve Intervenors' objections to Plaintiff's subpoenas. Signed by Magistrate Judge Thomas B. Smith on 11/3/2015. (Smith, Thomas)
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| Filing 41 Joint MOTION to extend time to November 13, 2015 for Limited Purpose of Discovery by Megan Costa DeVault. (Phillips, A.) Motions referred to Magistrate Judge Thomas B. Smith. |
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Filing 40
ORDER denying #36 Motion to Compel production of documents. Signed by Magistrate Judge Thomas B. Smith on 10/26/2015. (Smith, Thomas)
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| Filing 39 RESPONSE in Opposition re #36 MOTION to Compel Discovery filed by Megan Costa DeVault. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Phillips, A.) |
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Filing 38
ORDER granting #33 Motion to Intervene for limited purpose to protect against disclosure of irrelevant, confidential information. Signed by Magistrate Judge Thomas B. Smith on 10/8/2015. (Smith, Thomas)
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| Filing 37 RESPONSE in Opposition re #33 MOTION to intervene for limited purpose filed by Megan Costa DeVault. (Phillips, A.) |
| Filing 36 MOTION to Compel Discovery by Holly Isdale. (Attachments: #1 Exhibit A)(Huth, Jonathan) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 35 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT (Doc. No. 34). The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Diane Peede. (DP) |
| Filing 34 TRANSCRIPT of a motion to compel hearing (Doc. 20) held on 8/28/15 before Judge Thomas B. Smith. Court Reporter/Transcriber Diane Peede, FlaDiane@att.net,Telephone number 407-615-0305. Tape Number: digital. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 10/16/2015, Redacted Transcript Deadline set for 10/26/2015, Release of Transcript Restriction set for 12/24/2015. (DP) |
| Filing 33 MOTION to intervene for limited purpose by Bush Brothers & Company, Elizabeth N Wilson, Anthony G Wilson, Jean Bush Nankivell, Kathleen N Keil, Rebecca N Tiller, James B Ethier, William R Seale, Amy Counts. (Hamner, Frank) Motions referred to Magistrate Judge Thomas B. Smith. |
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Filing 32
ORDER granting #31 Motion to modify August 28, 2015 Order. Signed by Magistrate Judge Thomas B. Smith on 9/2/2015. (Smith, Thomas)
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| Filing 31 Joint MOTION to modify the Court's Order Dated August 28, 2015 by Megan Costa DeVault. (Phillips, A.) |
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Filing 30
ORDER granting in part and denying in part #20 Motion to Compel responses to discovery. Signed by Magistrate Judge Thomas B. Smith on 8/28/2015. (JDE)
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| Filing 29 Minute Entry. Proceedings held before Magistrate Judge Thomas B. Smith: MOTION HEARING held on 8/28/2015 re #20 MOTION to Compel Discovery filed by Megan Costa DeVault. (Digital) (PML) |
| Reset scheduling order deadline: Defendant disclosure of expert report due by 10/14/2015 (EJS) |
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Filing 28
ORDER granting #27 Motion to extend time for Defendant to disclose her expert reports. Signed by Magistrate Judge Thomas B. Smith on 8/24/2015. (Smith, Thomas)
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| Filing 27 Unopposed MOTION to extend time until 10/14/15 to extend deadline for expert reports disclosure by Holly Isdale. (Huth, Jonathan) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 8/24/2015 (EJS). |
| Reset scheduling order deadline: Plaintiff disclosure of expert report due by 9/14/2015 (EJS) |
| Filing 26 NOTICE of hearing on motion re #20 MOTION to Compel Discovery . Motion Hearing set for 8/28/2015 at 10:00 AM in Orlando Courtroom 4 C before Magistrate Judge Thomas B. Smith. ctp.(PML) |
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Filing 25
ORDER granting in part and denying in part #24 Motion to extend time for Plaintiff to make her expert witness disclosures. Signed by Magistrate Judge Thomas B. Smith on 8/12/2015. (Smith, Thomas)
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| Filing 24 Unopposed MOTION to extend time to Extend deadline for expert reports disclosure by Megan Costa DeVault. (Phillips, A.) Motions referred to Magistrate Judge Thomas B. Smith. |
| Filing 23 NOTICE of mediation conference/hearing to be held on December 4, 2015 before Jay M. Cohen, Esq. (Phillips, A.) |
| Filing 22 RESPONSE to Motion re #20 MOTION to Compel Discovery filed by Holly Isdale. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Huth, Jonathan) |
| Filing 21 NOTICE of Appearance by Geddes Dowling Anderson, Jr on behalf of Holly Isdale (Anderson, Geddes) |
| Filing 20 MOTION to Compel Discovery by Megan Costa DeVault. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Phillips, A.) Motions referred to Magistrate Judge Thomas B. Smith. Modified on 7/21/2015 (EJS). |
| Filing 19 CASE REFERRED to Mediation. (LMM) |
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Filing 18
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 4/27/2015, Discovery due by 11/2/2015, Dispositive motions due by 12/18/2015, Pretrial statement due by 4/14/2016, All other motions due by 3/31/2016, Plaintiff disclosure of expert report due by 8/14/2015, Defendant disclosure of expert report due by 9/14/2015, Final Pretrial Conference set for 4/21/2016 at 01:15 PM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Bench Trial set for the trial term commencing 5/2/2016 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 12/4/2015. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 3/11/2015. (VMF)
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| Filing 17 CASE MANAGEMENT REPORT. (Phillips, A.) |
| Filing 16 Remark: Docs. 6 and 14 have been reviewed. Signed by Judge Roy B. Dalton, Jr. (CAC) |
| Filing 15 Remark: Doc. 14 has been reviewed. Signed by Judge Roy B. Dalton, Jr. (CAC) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #11 Interested persons order by Holly Isdale. (Murphy, Niels) |
| Filing 13 NOTICE of pendency of related cases re #10 Related Case Order per Local Rule 1.04(d) by Holly Isdale. Related case(s): no (Murphy, Niels) Modified on 2/19/2015 (LMM). |
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Filing 12
ORDER discharging Order to Show Cause Signed by Judge Roy B. Dalton, Jr. on 2/4/2015. (VMF)
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Filing 11
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/18/2015. Signed by Judge Roy B. Dalton, Jr. on 2/4/2015. (VMF) (ctp)
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| Filing 10 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/18/2015. Signed by Deputy Clerk on 2/4/2015. (Attachments: #1, #2, #3 )(VMF) (ctp) |
| Filing 9 AMENDED Notice of Removal by Holly Isdale. Amendment to #1 Notice of removal . (Murphy, Niels) Modified on 2/4/2015 (LMM). |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order to show cause filed by Holly Isdale. (Murphy, Niels) |
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Filing 7
ORDER to show cause why this case should not be remanded for want of subject matter jurisdiction as to Holly Isdale. Show Cause Response due by 2/13/2015. Signed by Judge Roy B. Dalton, Jr. on 2/2/2015. (VMF) Modified on 2/5/2015 (LMM). **DISCHARGED PER #12 ORDER**
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| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Megan Costa DeVault. (Phillips, A.) |
| Filing 5 NOTICE of pendency of related cases per Local Rule 1.04(d) by Megan Costa DeVault. Related case(s): no (Phillips, A.) |
| Filing 4 ANSWER and affirmative defenses to #2 Complaint by Holly Isdale.(EJS) |
| Filing 3 RETURN of service executed on 12/29/14 by Megan Costa DeVault as to Holly Isdale. (No indication of date filed in state court). (EJS) |
| Filing 2 COMPLAINT against Holly Isdale filed by Megan Costa DeVault. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Originally filed in state court 12/23/14)(EJS) |
| Filing 1 NOTICE OF REMOVAL from Orange County Circuit Court, Case Number 2014-CA-013155-O filed in State Court on 12/23/14. Filing Fee $ 400, Receipt Number ORL40758 filed by Holly Isdale. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(EJS) |
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