Pieczonka v. Sealift, Inc., et al.
| Jaroslaw Pieczonka |
| United States of America |
| Sealift, Inc. |
| Meridian Global Consulting, LLC |
| 1:2023cv00045 |
| February 1, 2023 |
| US District Court for the Southern District of Alabama |
| Terry F Moorer |
| Katherine P Nelson |
| Marine |
| 46 U.S.C. § 0688 Marine-Jones Act |
| Plaintiff |
Docket Report
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Filing 65
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 5/8/2023. Signed by Magistrate Judge Katherine P. Nelson on 3/23/2023. (Attachment: #1 consent form) (mab)
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| Filing 64 Defendant Meridian Global Consulting, LLC's Original ANSWER to #61 Amended Complaint and Affirmative Defnens, CROSSCLAIM against Sealift, Inc. by Meridian Global Consulting, LLC. (Rush, Jeremy) |
| Answer to #64 Crossclaim due from Sealift, Inc. on 4/12/2023 pursuant to FRCP 12(a). (tot) |
| Filing 63 ANSWER to #61 Amended Complaint by Sealift, Inc.. (Betbeze, Jaime) |
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Filing 62
TEXT ONLY Order re: #54 Corporate Disclosure Statement filed by Defendant Sealift, Inc. and #58 Corporate Disclosure Statement filed by Defendant Meridian Global Consulting, LLC. A review of both filings does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. However, the undersigned notes Defendant Meridian Global Consulting, LLC has failed to fully comply with the undersigned's prior order. See Doc. #56 , PageID.40 ("Upon consideration, Defendant Meridian is ORDERED to: (1) file a corporate disclosure statement in accordance with S.D. Ala. CivLR 7.1, and (2) file a separate response to this order showing cause for its failure to comply with the Court's directives."). No further action from Defendant Meridian Global Consulting, LLC is required at this time. Signed by Magistrate Judge Katherine P. Nelson on 3/13/2023. (pdo)
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| Filing 61 AMENDED COMPLAINT Second against Meridian Global Consulting, LLC, Sealift, Inc., filed by Jaroslaw Pieczonka. (Fuquay, Richard) |
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Filing 60
Order, GRANTING #52 Motion for Leave to Amend, and directing Plaintiff to file a second amended complaint that does not include the United States of America in the heading of the amended complaint by 3/15/2023. Signed by District Judge Terry F. Moorer on 3/7/2023. (mab)
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| Answer due from Meridian Global Consulting, LLC and Sealift, Inc. pursuant to FRCP 15(a)(1)(3). (mab) |
| REFERRAL OF #59 Response #52 Motion to Amend #5 Amended Complaint to Judge Moorer. (mab) |
| Filing 59 RESPONSE to #52 MOTION to Amend Complaint #5 Amended Complaint filed by Meridian Global Consulting, LLC. (Rush, Jeremy) |
| Filing 58 Corporate Disclosure Statement filed by Defendant Meridian Global Consulting, LLC. (Rush, Jeremy) |
| Filing 57 RESPONSE to #52 Motion for Leave to Amend, filed by Sealift, Inc. (Betbeze, Jaime) |
| REFERRAL OF #57 Response to Plaintiff's #52 Motion for Leave to Amend to Judge Moorer. (mab) |
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Filing 56
ORDER directing Defendant Meridian to file corporate disclosure statement NLT 3/9/2023. Signed by Magistrate Judge Katherine P. Nelson on 3/2/2023. (fz)
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Filing 55
TEXT-ONLY Order: Defendants Sealift, Inc., and Meridian Global Consulting, LLC, are ORDERED to SHOW CAUSE by 3/9/2023, why Plaintiff Jasoslaw Pieczonkas Motion for Leave to Amend #52 should not be granted. Signed by District Judge Terry F. Moorer on 3/1/2023. (fz)
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| Filing 54 Corporate Disclosure Statement filed by Defendant Sealift, Inc.. (Betbeze, Jaime) |
| Filing 53 Case Reassigned to District Judge Terry F. Moorer. Magistrate Judge Katherine P. Nelson no longer assigned to the case. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix TFM-N after the case number on all future pleadings. (tgw) |
| MOTIONS REFERRED: #52 MOTION to Amend Complaint #5 Amended Complaint Referred to Judge Terry F. Moorer. (mab) |
| Filing 52 MOTION to Amend Complaint #5 Amended Complaint filed by Jaroslaw Pieczonka. (Attachments: #1 Exhibit Proposed Second Amended Complaint) (Fuquay, Richard) |
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Filing 51
TEXT-ONLY Order: Defendants Sealift, Inc. and Meridian Global Consulting, LLC, are ORDERED to file disclosure statements in compliance with S.D. Ala. CivLR 7.1 (required of "[a]ll non-governmental artificial entities appearing as parties") by no later than 3/1/2023 (form available at: https://www.alsd.uscourts.gov/forms/all-forms). Signed by Magistrate Judge Katherine P. Nelson on 2/22/2023. (pdo)
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Filing 50
ENDORSED ORDER granting #47 Motion for Extension of Time to Answer; re #47 Unopposed MOTION for Extension of Time to File Answer to Amended Complaint. Answer due from Sealift, Inc. by no later than 2/28/2023. Signed by Magistrate Judge Katherine P. Nelson on 2/22/2023. (pdo)
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| Filing 49 NOTICE of Appearance by Thomas S. Rue on behalf of Sealift, Inc. (Rue, Thomas) |
| Filing 48 NOTICE of Appearance by Jeremy D. Rush on behalf of Meridian Global Consulting, LLC (Rush, Jeremy) |
| Filing 47 Unopposed MOTION for Extension of Time to File Answer to Amended Complaint filed by Sealift, Inc.. (Attachments: #1 Exhibit Proposed Order) (Betbeze, Jaime) |
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Filing 46
TEXT-ONLY Order: Defendants Sealift, Inc. and Meridian Global Consulting, LLC, are ORDERED to file disclosure statements in compliance with S.D. Ala. CivLR 7.1 (required of "[a]ll non-governmental artificial entities appearing as parties") by no later than 2/19/2023 (form available at: https://www.alsd.uscourts.gov/forms/all-forms). Signed by Magistrate Judge Katherine P. Nelson on 2/13/2023.(pdo)
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| Filing 45 NOTICE of Appearance by Richard W. Fuquay on behalf of Jaroslaw Pieczonka (Fuquay, Richard) |
| Filing 44 Notice of Assignment to Magistrate Judge for trial. (Attachments: #1 Request for Reassignment Form, #2 Consent Form) Notice mailed to attorneys on 2/9/2023. (tgw) |
| Filing 43 Case transferred in from District of Florida Southern; Case Number 1:22-cv-21950. Original file certified copy of transfer order and docket sheet received. |
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Filing 42
ORDER granting #29 Motion to Plaintiff's Amended Complaint and/or Motion to Transfer Venue. The Clerk is directed to TRANSFER this action to the United States District Court for the Southern District of Alabama. Closing Case. Signed by Judge Darrin P. Gayles on 1/31/2023. See attached document for full details. (pes) [Transferred from Florida Southern on 2/1/2023.]
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| Filing 41 NOTICE by Meridian Global Consulting, LLC. re #29 Defendant's MOTION to Dismiss #5 Amended Complaint/Amended Notice of Removal AND/OR MOTION TO TRANSFER VENUE (Skipp, Jonathan) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 40
ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/29/2022. See attached document for full details. (mdc) [Transferred from Florida Southern on 2/1/2023.]
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Filing 39
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Jury Trial set for 2/26/2024 before Judge Darrin P. Gayles., Calendar Call set for 2/21/2024 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 12/13/2023 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 11/20/2023.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 12/15/2022. See attached document for full details. (pc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 2/1/2023.]
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| Filing 38 Joint SCHEDULING REPORT - Rule 16.1 by Sealift, Inc. (Attachments: #1 Exhibit A- Joint Scheduling Order, #2 Exhibit B- Election to Magistrate)(Gutierrez, Annalisa) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 37 REPLY to Response to Motion re #30 MOTION to Dismiss for Lack of Jurisdiction #5 Amended Complaint/Amended Notice of Removal filed by Sealift, Inc.. (Gutierrez, Annalisa) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 36 RESPONSE to Motion re #30 MOTION to Dismiss for Lack of Jurisdiction #5 Amended Complaint/Amended Notice of Removal , #29 Defendant's MOTION to Dismiss #5 Amended Complaint/Amended Notice of Removal AND/OR MOTION TO TRANSFER VENUE filed by Jaroslaw Pieczonka. Replies due by 12/9/2022. (Attachments: #1 Exhibit)(Finklehoffe, Carol) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 35
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before December 14, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 11/30/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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Filing 34
PAPERLESS ORDER dismissing case without prejudice as to Defendant United States of America ("United States") in light of #33 Plaintiff's Notice of Partial Voluntary Dismissal Without Prejudice Only as to Defendant United States of America. Any pending motions as to Defendant United States are denied as moot. Signed by Judge Darrin P. Gayles on 11/29/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Filing 33 NOTICE of Voluntary Dismissal as to United States of America Only by Jaroslaw Pieczonka (Finklehoffe, Carol) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 32
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant United States of America ("United States") on July 6, 2022. [ECF No. 18]. Defendant United States, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the defendant. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiffs failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendant with a copy of this Order via certified mail. Signed by Judge Darrin P. Gayles on 11/23/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Filing 31 NOTICE by Meridian Global Consulting, LLC. re #29 Defendant's MOTION to Dismiss #5 Amended Complaint/Amended Notice of Removal AND/OR MOTION TO TRANSFER VENUE of Filing Corrected Exhibit in Support of Motion Dismiss (Attachments: #1 Exhibit 1) (Liszt, Craig) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction #5 Amended Complaint/Amended Notice of Removal by Sealift, Inc.. Responses due by 12/2/2022 (Attachments: #1 Exhibit A- Declaration)(Gutierrez, Annalisa) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 29 Defendant's MOTION to Dismiss #5 Amended Complaint/Amended Notice of Removal AND/OR MOTION TO TRANSFER VENUE by Meridian Global Consulting, LLC.. Attorney Craig Patrick Liszt added to party Meridian Global Consulting, LLC.(pty:dft). Responses due by 12/2/2022 (Attachments: #1 Exhibit Exhibit 1)(Liszt, Craig) [Transferred from Florida Southern on 2/1/2023.] |
| Set/Reset Response/Answer Due Deadline: Meridian Global Consulting, LLC. response/answer due 11/18/2022; Sealift, Inc. response/answer due 11/18/2022. Per DE 28 Order. (ebz) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 28
PAPERLESS ORDER granting #27 Defendants, Meridian Global Consulting, LLC, and Sealift, Inc.'s Unopposed Joint Motion for Extension of Time to File Response to Amended Complaint. Defendants shall file their responses on or before November 18, 2022. Signed by Judge Darrin P. Gayles on 10/25/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Filing 27 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint/Amended Notice of Removal by Meridian Global Consulting, LLC., Sealift, Inc.. Attorney Annalisa Gutierrez added to party Meridian Global Consulting, LLC.(pty:dft). (Attachments: #1 Text of Proposed Order)(Gutierrez, Annalisa) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 26
PAPERLESS ORDER granting #25 Defendant Sealift, Inc.'s Unopposed Third Motion for Extension of Time to File Response to Amended Complaint. Defendant shall file its response on or before October 28, 2022. Signed by Judge Darrin P. Gayles on 10/12/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Filing 25 Third MOTION for Extension of Time to File Response to Amended Complaint re #5 Amended Complaint/Amended Notice of Removal by Sealift, Inc.. Responses due by 10/26/2022 (Attachments: #1 Exhibit Proposed Order)(Gutierrez, Annalisa) [Transferred from Florida Southern on 2/1/2023.] |
| Set/Reset Response/Answer Due Deadline: Sealift, Inc. response/answer due 10/28/2022. Per DE 26 Order. (ebz) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 24
PAPERLESS ORDER granting Defendant #23 Meridian's Second Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendant shall file its response on or before October 28, 2022. Signed by Judge Darrin P. Gayles on 10/11/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Set/Reset Response/Answer Due Deadline: Meridian Global Consulting, LLC. response/answer due 10/28/2022. Per DE 24 Order. (ebz) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 23 Second MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint/Amended Notice of Removal by Meridian Global Consulting, LLC.. (Attachments: #1 Text of Proposed Order)(Skipp, Jonathan) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 22
PAPERLESS ORDER granting #21 Defendant Sealift, Inc.'s Unopposed Second Motion for Extension of Time to File Response to Amended Complaint. Defendant shall file its response on or before October 14, 2022. Signed by Judge Darrin P. Gayles on 9/27/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Filing 21 Defendant's MOTION for Extension of Time response to Amended Complaint re #5 Amended Complaint/Amended Notice of Removal by Sealift, Inc.. Responses due by 10/11/2022 (Attachments: #1 Exhibit Proposed Order)(Gutierrez, Annalisa) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jaroslaw Pieczonka. Meridian Global Consulting, LLC. served on 8/24/2022, response/answer due 10/14/2022. (Finklehoffe, Carol) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 19
PAPERLESS ORDER granting Defendant United States and Plaintiff Pieczonka's #18 Second Joint Motion to Extend Time for the United States to Respond to Plaintiff's Amended Complaint. The United States shall file its response on or before October 21, 2022. Signed by Judge Darrin P. Gayles on 9/19/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Reset Response/Answer Due Deadlines per DE#17 & 19: Meridian Global Consulting, LLC. response/answer due 10/14/2022; United States of America response/answer due 10/21/2022. (scn) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 18 Second MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint/Amended Notice of Removal by United States of America. (Attachments: #1 Text of Proposed Order)(Keast, Sarah) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 17
PAPERLESS ORDER granting Defendant's #16 Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendant shall file its response on or before October 14, 2022. Signed by Judge Darrin P. Gayles on 9/16/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint/Amended Notice of Removal by Meridian Global Consulting, LLC.. (Attachments: #1 Text of Proposed Order)(Skipp, Jonathan) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 15 NOTICE of Attorney Appearance by Jonathan William Skipp on behalf of Meridian Global Consulting, LLC.. Attorney Jonathan William Skipp added to party Meridian Global Consulting, LLC.(pty:dft). (Skipp, Jonathan) [Transferred from Florida Southern on 2/1/2023.] |
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Filing 14
PAPERLESS ORDER granting Defendant's #13 Unopposed Motion for Extension of Time to File Response to Amended Complaint. Defendant shall file his response on or before September 30, 2022. Signed by Judge Darrin P. Gayles on 9/14/2022. (mja) Modified text per chambers on 9/14/2022 (mf). [Transferred from Florida Southern on 2/1/2023.]
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| Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #12 Summons Returned Executed, Unopposed Motion for Extension of Time to File Response to Amended Complaint by Sealift, Inc.. Attorney Annalisa Gutierrez added to party Sealift, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order Granting Sealift's Unopposed Motion for Extension of Time to File Response to Amended Complaint)(Gutierrez, Annalisa) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jaroslaw Pieczonka. Sealift, Inc. served on 8/26/2022, response/answer due 9/16/2022. (Finklehoffe, Carol) [Transferred from Florida Southern on 2/1/2023.] |
| Set/Reset Response/Answer Due Deadline: United States of America response/answer due 9/19/2022. Per DE 11 Order. (ebz) Modified text on 8/31/2022 (ebz). [Transferred from Florida Southern on 2/1/2023.] |
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Filing 11
PAPERLESS ORDER granting the parties #10 Joint Motion to Extend Time to Respond to Plaintiffs Amended Complaint. Defendant shall file its response to Plaintiffs Amended Complaint on or before September 19, 2022. Signed by Judge Darrin P. Gayles on 8/30/2022. (mja) [Transferred from Florida Southern on 2/1/2023.]
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| Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint/Amended Notice of Removal by United States of America. Attorney Sarah Keast added to party United States of America(pty:dft). (Keast, Sarah) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 9 Summons Issued as to United States of America (pes) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 8 NOTICE of Filing Proposed Summons(es) TO UNITED STATES OF AMERICA by Jaroslaw Pieczonka (Attachments: #1 Summon(s)) (Finklehoffe, Carol) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 7 Summons Issued as to Meridian Global Consulting, LLC.. (ls) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 6 Summons Issued as to Sealift, Inc.. (ls) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 5 AMENDED COMPLAINT against SEALIFT, INC, MERIDIAN GLOBAL CONSULTING, LLC, filed by JAROSLAW PIECZONKA. (Attachments: #1 Summon(s), #2 Summon(s))(Finklehoffe, Carol) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 6/27/2022. (ed00) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 3 Summons Issued as to UNITED STATES OF AMERICA, U.S. Attorney. (pc) Modified text on 6/27/2022 (pc). [Transferred from Florida Southern on 2/1/2023.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pc) [Transferred from Florida Southern on 2/1/2023.] |
| Filing 1 COMPLAINT (SEAMAN'S) against UNITED STATES OF AMERICA. Filing fees $ 402.00. Pursuant to 28 U.S. Code 1916 - Filing Fees - Waived, filed by JAROSLAW PIECZONKA. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Finklehoffe, Carol) [Transferred from Florida Southern on 2/1/2023.] |
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