Stein v. Marquis Yachts, LLC et al
Robert Stein |
Caterpillar, Inc. and Marquis Yachts, LLC |
1:2014cv24756 |
December 17, 2014 |
US District Court for the Southern District of Florida |
Miami Office |
Miami-Dade |
Patricia A Seitz |
William C Turnoff |
Contract Product Liability |
28 U.S.C. § 1330 |
Plaintiff |
Docket Report
This docket was last retrieved on January 27, 2016. A more recent docket listing may be available from PACER.
Document Text |
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Filing 79 Order of Dismissal Signed by Judge Patricia A. Seitz on 1/27/2016. (cbr) |
Filing 78 STIPULATION of Dismissal and Proposed Order by Marquis Yachts, LLC (Smith, Jeffrey) |
Civil Case Closed re DE #77 . A11 pending motions not otherwise ruled upon are DENIED AS MOOT (jas) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. |
Filing 77 Notice of Court Practice re Notice of Settlement. Settlement Documents Due 1/29/2016. Signed by Judge Patricia A. Seitz on 1/4/2016. (jas) |
Filing 76 FINAL MEDIATION REPORT by Brian Spector. Disposition: Settled in full.(Spector, Brian) |
Filing 75 RESPONSE/REPLY to #60 Statement (CORRECTED) by Robert Stein. (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, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Estadella, Gabriel) |
Filing 74 RESPONSE in Opposition re #59 MOTION for Summary Judgment and Incorporated Memorandum of Law (CORRECTED) filed by Robert Stein. Replies due by 12/21/2015. (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)(Estadella, Gabriel) |
Filing 73 RESPONSE/REPLY to #62 Statement,, (CORRECTED) by Robert Stein. (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, #18 Exhibit R, #19 Exhibit S)(Estadella, Gabriel) |
Filing 72 RESPONSE in Opposition re #61 MOTION for Summary Judgment on Count VII of Plaintiff's Complaint and Incorporated Memorandum of Law (CORRECTED) filed by Robert Stein. Replies due by 12/21/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Estadella, Gabriel) |
Filing 71 ORDER granting #70 Motion to File Corrected Opposition Papers. Signed by Judge Patricia A. Seitz on 12/7/2015. (cbr) |
Filing 70 Plaintiff's MOTION to Amend/Correct #66 Response in Opposition to Motion, for Summary Judgment and Statements of Undisputed Facts by Robert Stein. Responses due by 12/21/2015 (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Estadella, Gabriel) |
Filing 69 RESPONSE/REPLY to #62 Statement,, Caterpillar, Inc. by Robert Stein. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V)(Estadella, Gabriel) |
Filing 68 RESPONSE/REPLY to #60 Statement Marquis Yachts, LLC Statement of Undisputed Material Facts by Robert Stein. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z)(Estadella, Gabriel) |
Filing 67 RESPONSE in Opposition re #61 MOTION for Summary Judgment on Count VII of Plaintiff's Complaint and Incorporated Memorandum of Law Caterpillar, Inc. filed by Robert Stein. Replies due by 12/10/2015. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Estadella, Gabriel) |
Filing 66 RESPONSE in Opposition re #59 MOTION for Summary Judgment and Incorporated Memorandum of Law Marquis Yachts, LLC filed by Robert Stein. Replies due by 12/10/2015. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Estadella, Gabriel) |
Filing 65 ORDER granting #63 Motion for Extension of Time to File Response/Reply to Motion Re: #59 MOTION for Summary Judgment and Incorporated Memorandum of Law filed by Marquis Yachts, LLC, #61 MOTION for Summary Judgment on Count VII of Plaintiff's Complaint and Incorporated Memorandum of Law filed by Caterpillar, Inc.. Responses due by 11/30/2015. Signed by Judge Kathleen M. Williams on 11/20/2015. (ls) |
Filing 64 RESPONSE in Opposition re #63 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #61 MOTION for Summary Judgment on Count VII of Plaintiff's Complaint and Incorporated Memorandum of Law, #59 MOTION for Summary Judgment and Inco filed by Caterpillar, Inc.. Replies due by 11/30/2015. (Davant, Charles) |
Filing 63 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #61 MOTION for Summary Judgment on Count VII of Plaintiff's Complaint and Incorporated Memorandum of Law, #59 MOTION for Summary Judgment and Incorporated Memorandum of Law by Robert Stein. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Estadella, Gabriel) |
Filing 62 Statement of: Undisputed Facts by Caterpillar, Inc. re #61 MOTION for Summary Judgment on Count VII of Plaintiff's Complaint and Incorporated Memorandum of Law (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Exhibit A part 3, #4 Exhibit A part 4, #5 Exhibit A part 5, #6 Exhibit A part 6, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D part 1, #10 Exhibit D part 2, #11 Exhibit D part 3, #12 Exhibit D part 4, #13 Exhibit D part 5, #14 Exhibit D part 6, #15 Exhibit D part 7, #16 Exhibit D part 8, #17 Exhibit D part 9, #18 Exhibit D part 10)(Davant, Charles) |
Filing 61 MOTION for Summary Judgment on Count VII of Plaintiff's Complaint and Incorporated Memorandum of Law by Caterpillar, Inc.. Responses due by 11/23/2015 (Davant, Charles) |
Filing 60 Statement of: of Undisputed Material Facts by Marquis Yachts, LLC re #59 MOTION for Summary Judgment and Incorporated Memorandum of Law (Smith, Jeffrey) |
Filing 59 MOTION for Summary Judgment and Incorporated Memorandum of Law by Marquis Yachts, LLC. Responses due by 11/23/2015 (Smith, Jeffrey) |
Filing 58 ORDER denying #56 Motion for Extension of Time to Complete Discovery. Signed by Judge Patricia A. Seitz on 10/5/2015. (lh) |
Filing 57 RESPONSE in Opposition re #56 Plaintiff's MOTION for Extension of Time to Complete Discovery filed by Marquis Yachts, LLC. Replies due by 10/16/2015. (Smith, Jeffrey) |
Filing 56 Plaintiff's MOTION for Extension of Time to Complete Discovery by Robert Stein. (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Estadella, Gabriel) |
Filing 55 Notice of Mediation Hearing before Mediator, Brian Spector filed by Brian F. Spector. Mediation Hearing set for 12/16/2015 10:00 AM (Spector, Brian) |
Filing 54 ORDER Scheduling Mediation before Brian F. Spector. Mediation Hearing set for 12/16/2015 10:00 AM. Signed by Judge Patricia A. Seitz on 7/20/2015. (ls) |
Filing 53 ORDER granting #52 Agreed Motion for Extension of Time to Mediate. Signed by Judge Patricia A. Seitz on 7/20/2015. (ls) |
Filing 52 Agreed MOTION for Extension of Time to Mediate by Robert Stein. (Attachments: #1 Text of Proposed Order Text of Proposed Order Scheduling Mediation)(Estadella, Gabriel) |
Filing 51 ORDER of DISMISSAL by USCA, sua sponte, for lack of jurisdiction. Any outstanding motions in the instant appeal are DENIED as moot; re #39 Notice of Interlocutory Appeal, filed by Robert Stein. USCA# 15-12406-DD (mc) |
Filing 50 ORDER denying #40 Motion to Stay Pending Appeal. Signed by Judge Patricia A. Seitz on 7/1/2015. (ls) |
Filing 49 ORDER Requiring Compliance with Prior Order re #32 Order Referring Case to Mediation. Parties have until 7/17/2015. Signed by Judge Patricia A. Seitz on 7/1/2015. (ls) |
Filing 48 REPLY in Support re #40 First MOTION to Stay re #39 Notice of Interlocutory Appeal, #36 Order on Motion for Leave to File filed by Robert Stein. (Estadella, Gabriel) Modified title text on 6/29/2015 (asl). |
Filing 47 RESPONSE in Opposition re #40 First MOTION to Stay re #39 Notice of Interlocutory Appeal, #36 Order on Motion for Leave to File filed by Caterpillar, Inc.. Replies due by 6/29/2015. (Davant, Charles) |
Filing 46 REPLY in Support re #40 First MOTION to Stay re #39 Notice of Interlocutory Appeal, #36 Order on Motion for Leave to File filed by Robert Stein. (Estadella, Gabriel) Modified title text on 6/18/2015 (asl). |
Filing 45 RESPONSE in Opposition re #40 First MOTION to Stay re #39 Notice of Interlocutory Appeal, #36 Order on Motion for Leave to File filed by Marquis Yachts, LLC. Replies due by 6/22/2015. (Smith, Jeffrey) |
Filing 44 Agreed ORDER Following Discovery Calendar on 6/4/15. Signed by Magistrate Judge William C. Turnoff on 6/10/15. (lml) |
Filing 43 Minute Entry for proceedings held before Magistrate Judge William C. Turnoff: Discovery Hearing held on 6/4/2015. Oral arguments heard. Order to follow, consistent with instructions and deadlines stated by the Court in open court. **APPEARANCES: Alejandro Brito, Esq. present on behalf of the Plaintiff. Charles S. Davant, Esq. present on behalf of Defendant Caterpillar, Inc.. John Gillespie, Esq. present on behalf of Defendant Marquis Yachts, LLC.. (Digital 14:32:17.) (Time: 2:00PM-2:51PM) (lw1) |
Filing 42 NOTICE of Attorney Appearance by John Richard Gillespie, Jr on behalf of Marquis Yachts, LLC. Attorney John Richard Gillespie, Jr added to party Marquis Yachts, LLC(pty:dft). (Gillespie, John) |
Filing 41 Acknowledgment of Receipt of NOA from USCA re #39 Notice of Interlocutory Appeal, filed by Robert Stein. Date received by USCA: 6/1/2015. USCA Case Number: 15-12406-DD. (mc) |
Filing 40 First MOTION to Stay re #39 Notice of Interlocutory Appeal, #36 Order on Motion for Leave to File by Robert Stein. Responses due by 6/18/2015 (Estadella, Gabriel) |
Transmission of Notice of Interlocutory Appeal and Docket Sheet to US Court of Appeals re #39 Notice of Interlocutory Appeal. Notice has been electronically mailed. (mc) |
Filing 39 Notice of Interlocutory Appeal as to #36 Order on Motion for Leave to File by Robert Stein. Filing fee $ 505.00 receipt number 113C-7776813. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Estadella, Gabriel) |
Filing 38 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/4/2015 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (Davant, Charles) |
Filing 37 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/4/2015 02:00 PM in Miami Division before Magistrate Judge William C. Turnoff. (Smith, Jeffrey) |
Filing 36 ORDER denying #20 Motion for Leave to File First Amended Complaint. Signed by Judge Patricia A. Seitz on 5/26/2015. (ls) |
Filing 35 Clerks Notice to Filer re #33 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 34 . It is not necessary to refile this document. (asl) |
Filing 34 NOTICE of Mediator Selection: Brian F. Spector selected. See #33 for image(asl) |
Filing 33 NOTICE by Robert Stein re #32 Order Referring Case to Mediation NOTICE OF SELECTION OF MEDIATOR (Brito, Alejandro) Modified to re-docket, see 34 on 5/12/2015 (asl). |
Filing 32 ORDER REFERRING CASE to Mediation. Mediation Deadline 12/4/2015. Signed by Judge Patricia A. Seitz on 4/27/2015. (ls) |
Filing 31 SCHEDULING ORDER: ( Pretrial Conference set for 3/3/2016 10:00 AM in Miami Division before Judge Patricia A. Seitz., Jury Trial set for 3/21/2016 in Miami Division before Judge Patricia A. Seitz., Calendar Call set for 3/16/2016 01:15 PM in Miami Division before Judge Patricia A. Seitz., All Discovery due by 10/2/2015., In Limine Motions due by 2/19/2016., Pretrial Stipulation due by 2/19/2016.), ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for Discovery Matters. Signed by Judge Patricia A. Seitz on 4/27/2015. (ls) |
Filing 30 Consolidated REPLY in Support re #20 Plaintiff's MOTION for Leave to File First Amended Complaint filed by Robert Stein. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Estadella, Gabriel) Modified title text on 4/16/2015 (asl). |
Filing 29 ORDER denying as moot #22 Joint Motion for Extension of Time to File Response/Reply/Answer. Re: #1 Complaint, filed by Robert Stein. Signed by Judge Kathleen M. Williams for Judge Patricia A. Seitz on 4/13/2015. (ls) |
Filing 28 RESPONSE in Opposition re #20 Plaintiff's MOTION for Leave to File First Amended Complaint filed by Caterpillar, Inc.. Replies due by 4/20/2015. (Cook, Kimberly) |
Filing 27 RESPONSE in Opposition re #20 Plaintiff's MOTION for Leave to File First Amended Complaint filed by Marquis Yachts, LLC. Replies due by 4/20/2015. (Smith, Jeffrey) |
Filing 26 ANSWER and Affirmative Defenses to Complaint by Marquis Yachts, LLC. (Smith, Jeffrey) |
Filing 25 ANSWER and Affirmative Defenses to Complaint by Caterpillar, Inc.. (Davant, Charles) |
Filing 24 Corporate Disclosure Statement by Caterpillar, Inc. (Davant, Charles) |
Filing 23 Corporate Disclosure Statement by Marquis Yachts, LLC identifying Corporate Parent J&D Acquisitions, LLC for Marquis Yachts, LLC (Smith, Jeffrey) |
Filing 22 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, Joint Moton by Marquis and Caterpillar by Caterpillar, Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Davant, Charles) |
Filing 21 Joint SCHEDULING REPORT - Rule 26(f) by Robert Stein (Brito, Alejandro) Modified title text on 3/30/2015 (asl). |
Filing 20 Plaintiff's MOTION for Leave to File First Amended Complaint by Robert Stein. (Attachments: #1 Exhibit Amended Complaint)(Brito, Alejandro) |
Filing 19 ORDER GRANTING IN PART MOTIONS TO DISMISS. Counts IV, IX, and X are DISMISSED without prejudice pursuant to Plaintiff's representations to the Court; granting in part and denying in part #6 Motion to Dismiss; granting in part and denying in part #13 Motion to Dismiss. lf Plaintiff chooses to file an amended Count 1, he shall file an Amended Complaint, reflecting a1l rulings in this Order, by March 26, 2015. (See Order for full details.) Signed by Judge Patricia A. Seitz on 3/20/2015. (wc) |
Filing 18 NOTICE by Caterpillar, Inc. re #17 Response in Support of Motion, of Filing Exhibit A (Attachments: #1 Exhibit Behrman v. Allstate Order) (Davant, Charles) |
Filing 17 REPLY in Support re #13 MOTION to Dismiss #1 Complaint, and Joinder in Defendant Marquis Yachts, LLC's Motion to Dismiss filed by Caterpillar, Inc.. Attorney Charles Stuart Davant added to party Caterpillar, Inc.(pty:dft). (Davant, Charles) Modified title text on 3/3/2015 (asl). |
Filing 16 MEMORANDUM of Law in Opposition re #13 MOTION to Dismiss #1 Complaint, filed by Robert Stein. Replies due by 3/2/2015. (Estadella, Gabriel) Modified title text on 2/20/2015 (asl). |
Filing 15 Clerks Notice to Filer re #13 MOTION to Dismiss #1 Complaint, , 14 Notice of Adoption. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (asl) |
Filing 14 Notice of Joinder by Caterpillar, Inc. Related document: #6 Defendant's MOTION to Dismiss #1 Complaint, and Incorporated Memorandum of Law and Authorities filed by Marquis Yachts, LLC. See #13 for image (asl) |
Filing 13 MOTION to Dismiss #1 Complaint, by Caterpillar, Inc.. Responses due by 2/23/2015 (Cook, Kimberly) Modified to add missing event 14 Notice of Adoption on 2/6/2015 (asl). |
Filing 12 ORDER granting #10 Agreed Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Caterpillar, Inc.. Answer due 2/6/2015. Re: #1 Complaint, filed by Robert Stein. Signed by Judge Patricia A. Seitz on 2/4/2015. (ls) |
Filing 11 Clerks Notice to Filer re #10 Agreed MOTION for Extension of Time to file responsive pleading . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
Filing 10 Agreed MOTION for Extension of Time to File Response/Reply/Answer re #1 Complaint by Caterpillar, Inc.. Attorney Kimberly A. Cook added to party Caterpillar, Inc.(pty:dft). Responses due by 2/20/2015 (Attachments: #1 Text of Proposed Order)(Cook, Kimberly) Modified Relief on 2/4/2015 (ls). |
Filing 9 REPLY Memorandum of Law in Support re #6 Defendant's MOTION to Dismiss #1 Complaint, and Incorporated Memorandum of Law and Authorities filed by Marquis Yachts, LLC. (Smith, Jeffrey) Modified title text on 2/2/2015 (asl). |
Filing 8 RESPONSE in Opposition re #6 Defendant's MOTION to Dismiss #1 Complaint, and Incorporated Memorandum of Law and Authorities filed by Robert Stein. Replies due by 2/5/2015. (Estadella, Gabriel) |
Filing 7 NOTICE of Attorney Appearance by Gabriel Eric Estadella on behalf of Robert Stein. Attorney Gabriel Eric Estadella added to party Robert Stein(pty:pla). (Estadella, Gabriel) |
Filing 6 Defendant's MOTION to Dismiss #1 Complaint, and Incorporated Memorandum of Law and Authorities by Marquis Yachts, LLC. Responses due by 1/26/2015 (Smith, Jeffrey) |
Filing 5 Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 3/30/2015. Signed by Judge Patricia A. Seitz on 1/7/2015. (ls) |
Filing 4 NOTICE of Attorney Appearance by Jeffrey David Smith on behalf of Marquis Yachts, LLC. Attorney Jeffrey David Smith added to party Marquis Yachts, LLC(pty:dft). (Smith, Jeffrey) |
Filing 3 Summons Issued as to Caterpillar, Inc., Marquis Yachts, LLC. (ail) |
Filing 2 Judge Assignment to Judge Patricia A. Seitz (ail) |
Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-7325163, filed by Robert Stein. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Marquis Yachts, LLC, #3 Summon(s) Caterpillar, Inc.)(Brito, Alejandro) |
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