Continental 332 Fund, LLC et al v. Kozlowski
Continental 332 Fund, LLC, KMM Construction of Florida, LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC, Continental 342 Fund LLC and Continental 245 Fund LLC |
Albertelli, KMM Construction, LLC, David Albertelli, Albertelli Construction Inc., Westcore Construction, LLC, National Framing, LLC, MFDC, LLC, Team CCR, LLC, Brook Kozlowski, John Salat, Kevin Burke, Angelo Equizabal, Bravo21, LLC, Kerry Heltzel, Amy Butler, US Construction Trust, Foundation Management, LLC, George Albertelli, Gregory Hilz, Great American Insurance Company, James Albertelli and Albertelli Law |
Continental Properties Group, Inc., Continental Properties Company, Inc. and Angelo Eguizabal |
Continental Development Company, Inc. |
2:2017cv00041 |
January 24, 2017 |
US District Court for the Middle District of Florida |
Ft. Myers Office |
Duval |
Sheri Polster Chappell |
Mac R McCoy |
Contract: Other |
28 U.S.C. § 1331 |
Both |
Docket Report
This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 695 MANDATE of USCA as to #688 Notice of Appeal filed by Continental 342 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, Continental 298 Fund LLC, Continental 245 Fund LLC, Continental 355 Fund LLC, Continental 306 Fund LLC, Continental 332 Fund, LLC. Issued as Mandate: 8/26/2021. USCA number: 20-13133. (LMF) |
Filing 694 OPINION/ORDER of USCA as to #688 Notice of Appeal filed by Continental 342 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, Continental 298 Fund LLC, Continental 245 Fund LLC, Continental 355 Fund LLC, Continental 306 Fund LLC, Continental 332 Fund, LLC. Opinion issued by court as to Appellant Continental 332 Fund, LLC, et al. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Signed. EOD: 7/28/2021; USCA number: 20-13133. (LMF) |
Filing 693 JUDGMENT on costs. Costs awarded to Gregory Hilz (Signed by Deputy Clerk). (drn) |
Filing 692 ORDERED: United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. #691) is ACCEPTED and ADOPTED and the findings are incorporated herein. The Motion is granted to the extent Defendant is awarded $340 for fees of the Clerk and for witness fees. The Clerk of Court shall enter a cost judgment for Defendant Gregory Hilz in the amount of $340 for fees of the Clerk and for witness fees. The Motion is denied without prejudice to the extent Defendant seeks any greater or different relief. Defendant is given 14 days from the date of the Court's Order to file a renewed motion for the fees, if he chooses to do so. Signed by Judge Sheri Polster Chappell on 11/10/2020. (AEH) |
Filing 691 REPORT AND RECOMMENDATION recommending that #677 Defendant Gregory Hilz's Bill of Costs be granted in part and denied without prejudice in part. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 10/23/2020. (MTS) |
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #688 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 20-13133-EE (laf) |
Filing 690 TRANSCRIPT information form filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC re #688 Notice of Appeal. USCA number: 20-13133. (St. Aubin, Keith) |
USCA appeal fees received $505 receipt number FtM014779 re #688 Notice of Appeal filed by Continental 342 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, Continental 298 Fund LLC, Continental 245 Fund LLC, Continental 355 Fund LLC, Continental 306 Fund LLC, Continental 332 Fund, LLC. (drn) |
Filing 689 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #688 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (Attachments: #1 Notice of Appeal, #2 Docket Sheet, #3 Judgment (DE #676), #4 Judgment (DE #687))(drn) |
Filing 688 NOTICE OF APPEAL as to #687 Judgment, #676 Judgment by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. Filing fee $ 505. (Hamera, Jeffrey) |
Notice for appeal to the Eleventh Circuit Court of Appeals. (Hamera, Jeffrey) |
Filing 687 JUDGMENT (Signed by Deputy Clerk) (drn) |
Filing 686 ENDORSED ORDER. Before the Court is Plaintiffs' Agreed Motion to Voluntarily Dismiss This Matter without Prejudice (Doc. #685) filed on August 14, 2020. The Court finds good cause to grant the motion. Accordingly, Plaintiffs' claims against Brook Kozlowski are DISMISSED without prejudice, and the Clerk is DIRECTED to enter judgment and close the file. The Court retains jurisdiction over Defendant Greogry Hilz's disputed Proposed Bill of Costs (Doc. #677). Signed by Judge Sheri Polster Chappell on 8/17/2020. (NMC) |
Filing 685 STIPULATION of Dismissal PLAINTIFFS' AGREED MOTION TO VOLUNTARILY DISMISS THIS MATTER WITHOUT PREJUDICE by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Geller, Melissa) |
Filing 684 REPLY to Response to Motion re #677 MOTION PLAINTIFFS' REPLY IN SUPPORT OF PLAINTIFFS' OBJECTIONS TO DEFENDANT GREGORY HILZ'S BILL OF COSTS filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Geller, Melissa) |
Filing 683 ENDORSED ORDER granting #682 Plaintiffs' Motion for Leave to File a Reply to #681 Hilz's Response to Plaintiffs' Objections to Defendant Gregory Hilz's Bill of Costs. The Court finds good cause to rule on the motion without awaiting a response. Plaintiffs may file a reply of no more than 6 pages no later than 8/11/2020. Signed by Magistrate Judge Mac R. McCoy on 8/4/2020. (McCoy, Mac) |
Filing 682 First MOTION for Miscellaneous Relief, specifically leave to file reply Plaintiffs' Motion for Leave To File a Reply to Hilz Response to Plaintiffs' Objections to Defendants Gregory Hilz's Bill of Costs by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Geller, Melissa) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 681 RESPONSE re #678 Objection to Hilz's Bill of Costs filed by Gregory Hilz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Greenberg, Alan) |
Filing 680 ENDORSED ORDER. Before the Court is the parties' Joint Motion to Vacate the Trial Schedule (Doc. #679) filed on July 17, 2020. Because the parties have settled this case, the Court will administratively close the file and dismiss the case without prejudice. See M.D. Fla. R. 3.08(b). Accordingly, it is ORDERED this case is DISMISSED without prejudice subject to the right of any party, within thirty (30) days from the date of this Order, August 19, 2020, to submit a stipulated form of final judgment or request an extension of time to do so, or for any party to move to reopen the case upon a showing of good cause. See M.D. Fla. R. 3.08(b). Once the thirty-day period expires, this dismissal shall be deemed with prejudice without further order. The Clerk is DIRECTED to terminate any scheduled deadlines and administratively close the case. This closure will not affect Gregory Hilz's disputed Proposed Bill of Costs (Doc. #677) currently pending before the Court. Signed by Judge Sheri Polster Chappell on 7/20/2020. (NMC) |
Filing 679 Joint MOTION to Vacate Trial Schedule by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Geller, Melissa) |
Filing 678 OBJECTION re #677 Bill of costs - proposed PLAINTIFFS' OBJECTIONS TO DEFENDANT GREGORY HILZ'S BILL OF COSTS. (Geller, Melissa) |
Filing 677 PROPOSED BILL OF COSTS by Gregory Hilz. (Greenberg, Alan) Modified on 7/14/2020 to convert to motion per Law Clerk/nc (drn). |
Filing 676 JUDGMENT as to Gregory Hilz (Signed by Deputy Clerk) (drn) |
Filing 675 ORDERED: Defendant Gregory Hilz's Motion to Dismiss Remaining State Law Claims (Doc. #631) is GRANTED. Plaintiffs' claims against Hilz are DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment and terminate Gregory Hilz as a party. Signed by Judge Sheri Polster Chappell on 6/12/2020. (AEH) |
Filing 674 ORDERED: Defendant Brook Kozlowski's Motion to Continue July 1, 2020 Trial (Doc. #660) is GRANTED in part and DENIED in part. Plaintiffs' Motion to Continue the Trial Date and Joinder in Kozlowski's Motion to Continue (Doc. #661) is GRANTED in part and DENIED in part. Plaintiffs' Unopposed Motion for Permission to Conduct the Final Pretrial Conference by Phone or Video Link (Doc. #669) is DENIED without prejudice. The above-captioned case is set for the August 2020 trial term. See order for Court deadlines and directives governing the remainder of this case. Signed by Judge Sheri Polster Chappell on 6/11/2020. (AEH) |
Filing 673 JUDGMENT as to John Salat. (Signed by Deputy Clerk) (drn) |
Filing 672 NOTICE of Appearance by Melissa S. Geller on behalf of Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.) (Geller, Melissa) |
Filing 671 NOTICE of Appearance by Justin J. D'Elia on behalf of Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.) (D'Elia, Justin) |
Filing 670 ENDORSED ORDER. Before the Court is Plaintiffs' Request for Dismissal without Prejudice of Defendant John Salat (Doc. #667) filed on June 9, 2020. The Court finds good cause to grant the request. Accordingly, Plaintiffs' claims against Salat are DISMISSED without prejudice, and the Clerk is DIRECTED to enter judgment and terminate John Salat as a party. Signed by Judge Sheri Polster Chappell on 6/10/2020. (NMC) |
Filing 669 MOTION for Miscellaneous Relief, specifically Permission to Conduct Final Pretrial Conference by Phone or Video Link Unopposed Motion and Memorandum of Law for Permission to Conduct the Final Pretrial Conference by Phone or Video Link by Continental 245 Fund LLC. (Hamera, Jeffrey) |
Filing 668 TEXT ORDER. On 6/8/2020 this Court granted the Unopposed Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act (Doc. #663) and directed the clerk of court to add Attorney Justin J. D'Elia to the service list. (Doc. 665). Upon review, it appears Mr. D'Elia did not sign the Special Admission Attorney Certification that was attached to the Motion. (See Doc. [663-1]). Therefore the Court will require Attorney Justin J. D'Elia to resubmit a signed Special Admission Attorney Certification no later than 6/15/2020. Signed by Magistrate Judge Mac R. McCoy on 6/9/2020. (JTB) |
Filing 667 MOTION to Dismiss Defendant John Salat Plaintiffs' Request for Dismissal without Prejudice of Defendant John Salat by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 666 NOTICE by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC NOTICE OF FILING SPECIAL ADMISSION CERTIFICATION (Shuman, Michael) |
Filing 665 ENDORSED ORDER granting #663 Unopposed Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act. The Clerk of Court is directed to add Justin J. D'Elia to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Justin J. D'Elia must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Justin J. D'Elia must complete and submit the E-Filer Registration Form for CM/ECF. Failure to register may cause the Court to revoke permission to appear specially. Signed by Magistrate Judge Mac R. McCoy on 6/8/2020. (McCoy, Mac) |
Filing 664 ENDORSED ORDER granting #662 Unopposed Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act. The Clerk of Court is directed to add Melissa S. Geller to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Melissa S. Geller must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Melissa S. Geller must complete and submit the E-Filer Registration Form for CM/ECF. Failure to register may cause the Court to revoke permission to appear specially. Signed by Magistrate Judge Mac R. McCoy on 6/8/2020. (McCoy, Mac) |
Filing 663 Unopposed MOTION for Justin J. D'Elia to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16908426 for $150 UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE, AND WRITTEN DESIGNATION AND CONSENT TO ACT by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A)(Shuman, Michael) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 662 Unopposed MOTION for Melissa S. Geller to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16908193 for $150 UNOPPOSED MOTION FOR ADMISSION PRO HAC VICE, AND WRITTEN DESIGNATION AND CONSENT TO ACT by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A)(Shuman, Michael) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 661 First MOTION to Continue PLAINTIFFS' MOTION AND MEMORANDUM OF LAW TO CONTINUE THE TRIAL DATE AND JOINDER IN KOZLOWSKI'S MOTION TO CONTINUE by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 660 MOTION to Continue July 1, 2020 TRIAL by Brook Kozlowski. (Alexander, Abbye) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 659 Minute Entry. Proceedings held before Magistrate Judge Nicholas P. Mizell: SETTLEMENT CONFERENCE held on 5/28/2020. (WRW) |
Filing 658 ENDORSED ORDER granting in part #657 Unopposed Emergency Motion to Join Settlement Conference Late. The Court reschedules the settlement conference to begin at 11:00 a.m. EST on May 28, 2020, to accommodate the parties. Signed by Magistrate Judge Nicholas P. Mizell on 5/27/2020. (brh) |
Filing 657 EMERGENCY MOTION for Miscellaneous Relief, specifically Join Settlement Conference Late Unopposed by John Salat. (Webb, John) |
Filing 656 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Settlement Conference hearing previously scheduled for 5/28/2020 at 9:00 AM is rescheduled. New hearing time: (Zoom Videoconference) Settlement Conference set for 5/28/2020 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. At least 2 business days prior to the hearing, the parties shall contact Courtroom Deputy Wendy Winkel, wendy_winkel@flmd.uscourts.gov with the email addresses for all counsel who are attending the hearing. |
Filing 655 ORDER granting #654 Motion for Leave to Appear at Settlement Conference Via Zoom or Other Remote Means. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 5/22/2020. (brh) |
Filing 654 MOTION for Miscellaneous Relief, specifically To Appear at Settlement Conference Via Zoom or Other Remote Means Due to Restrictions on Travel During COVID-19 Pandemic by Gregory Hilz. (Greenberg, Alan) |
Filing 653 ORDERED: Plaintiffs' Motion and Memorandum of Law for Reconsideration of the Dismissal of Count 24 of the Complaint against Gregory Hilz (Doc. #629) is DENIED. Signed by Judge Sheri Polster Chappell on 5/21/2020. (AEH) |
Filing 652 REPLY to Response to Motion re #631 MOTION to Dismiss REMAINING STATE LAW CLAIMS Plaintiff's Sur-Reply in Further Opposition to Gregory Hilz's Motion to Dismiss Remaining State Law Claims with Cert of Service filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 651 REPLY to Response to Motion re #631 MOTION to Dismiss REMAINING STATE LAW CLAIMS Plaintiffs' Sur-Reply in Further Opposition to Gregory Hilz's Motion to Dismiss Remaining State Law Claims filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 650 Written designation and consent to act by Alan A. Greenberg on behalf of Gregory Hilz. Local Counsel: Miesha M. Hewitt. Non-Resident Counsel: Alan A. Greenberg. (Greenberg, Alan) |
Filing 649 REPLY to Response to Motion re #631 MOTION to Dismiss REMAINING STATE LAW CLAIMS filed by Gregory Hilz. (Attachments: #1 Exhibit B)(Greenberg, Alan) |
Filing 648 RESPONSE to Motion re #629 MOTION for Reconsideration re #615 Order on Motion for Miscellaneous ReliefOrder on Motion for Summary JudgmentOrder on Motion for Judgment on the PleadingsOrder on Motion to Strike and Memorandum of Law for Reconsideration of the Dismissal Sur-Reply in Opposition to Plaintiffs' Motion for Reconsideration of the Dismissal of Count 24 of the Complaint Against Gregory Hilz filed by Gregory Hilz. (Greenberg, Alan) |
Filing 647 ENDORSED ORDER granting Gregory Hilz's Motion for Leave to File Reply (Doc. #646). Plaintiffs may file a reply, not to exceed 3 pages, on or before May 11, 2020. Plaintiffs may file a surreply, not to exceed 3 pages, on or before May 18, 2020. Signed by Judge Sheri Polster Chappell on 5/4/2020. (NMC) |
Filing 646 MOTION for Miscellaneous Relief, specifically To File Reply to Plaintiffs' Response to Defendant Gregory Hilz's Motion to Dismiss Remaining State Law Claims by Gregory Hilz. (Greenberg, Alan) |
Filing 645 REPLY to Response to Motion re #629 MOTION for Reconsideration re #615 Order on Motion for Miscellaneous ReliefOrder on Motion for Summary JudgmentOrder on Motion for Judgment on the PleadingsOrder on Motion to Strike and Memorandum of Law for Reconsideration of the Dismissal PLAINTIFFS' REPLY IN FURTHER SUPPORT OF THEIR IMOTION FOR RECONSIDERATION OF THE DISMISSAL OF COUNT 24 OF THE COMPLAINT AGAINST GREGORY HILZ filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 644 RESPONSE to Motion re #631 MOTION to Dismiss REMAINING STATE LAW CLAIMS SUPPLEMENTAL RESPONSE TO GREGORY HILZ' MOTION TO DISMISS REMAINING STATE LAW CLAIMS, DECLARATION OF J HAMERA IN SUPPORT WITH A-N EXHIBITS filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Main Document DECLARATION OF J HAMERA IN SUPPORT, #2 Exhibit EXHIBIT A TO DECLARATION, #3 Exhibit EXHIBIT B TO DECLARATION, #4 Exhibit EXHIBIT C TO DECLARATION, #5 Exhibit EXHIBIT D TO DECLARATION, #6 Exhibit EXHIBIT E TO DECLARATION, #7 Exhibit EXHIBIT F TO DECLARATION, #8 Exhibit EXHIBIT G TO DECLARATION, #9 Exhibit EXHIBIT H TO DECLARATION, #10 Exhibit EXHIBIT I TO DECLARATION, #11 Exhibit EXHIBIT J TO DECLARATION, #12 Exhibit EXHIBIT K TO DECLARATION, #13 Exhibit EXHIBIT L TO DECLARATION, #14 Exhibit EXHIBIT M TO DECLARATION, #15 Exhibit EXHIBIT N TO DECLARATION)(Hamera, Jeffrey) |
Filing 643 ENDORSED ORDER granting Attorneys Alberta L. Adams and Robert C. Graham, Jr.'s Motion to Withdraw as Gregory Hilz's Co-Counsel (Doc. #639). Adams and Graham have no further responsibility in this case, and the Clerk is DIRECTED to terminate them as Hilz's counsel and remove them from the electronic service list. Attorneys Alan A. Greenberg and James P. Miller remain counsel for Hilz. Greenberg and/or Miller are ORDERED to file a new written designation and consent-to-act that complies with Local Rule 2.02 on or before May 14, 2020. Signed by Judge Sheri Polster Chappell on 4/29/2020. (NMC) |
Filing 642 ENDORSED ORDER denying as moot Plaintiffs' Unopposed Motion for Extension of Time to File Response to Gregory Hilz's Motion to Dismiss Remaining State Law Claims (Doc. #640) in light of Plaintiffs' timely response (Doc. #641). Signed by Judge Sheri Polster Chappell on 4/29/2020. (NMC) |
Filing 641 RESPONSE in Opposition re #631 MOTION to Dismiss REMAINING STATE LAW CLAIMS by Defendant Hilz filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 298 Fund LLC(Savage Fund ), Continental 306 Fund LLC(New Braunfels Fund ), Continental 306 Fund LLC, Continental 326 Fund LLC(Rochester Fund ), Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 332 Fund, LLC(Six Mile Fund ), Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Main Document Declaration of J Hamera in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Hamera, Jeffrey) |
Filing 640 Unopposed MOTION for Extension of Time to File Response to Gregory Hilz's Motion to Dismiss by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 639 MOTION for Alberta L. Adams and Robert C. Graham, Jr. to Withdraw as Attorney by Gregory Hilz. (Adams, Alberta) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 638 ENDORSED ORDER granting Plaintiffs' Motion for Leave to File a Reply (Doc. #637). Plaintiffs may file a reply, not to exceed 3 pages, on or before April 29, 2020. Defendant Gregory Hilz may file a surreply, not to exceed 3 pages, on or before May 6, 2020. Signed by Judge Sheri Polster Chappell on 4/22/2020. (NMC) |
Filing 637 MOTION for Miscellaneous Relief, specifically Leave to file PLAINTIFFS' MOTION FOR LEAVE TO FILE A REPLY TO HILZ' OPPOSITION TO PLAINTIFFS' MOTION FOR RECONSIDERATION OF THE DISMISSAL OF COUNT 24 OF THE COMPLAINT AGAINST GREGORY HILZ by Continental 298 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 636 RESPONSE in Opposition re #629 MOTION for Reconsideration re #615 Order on Motion for Miscellaneous ReliefOrder on Motion for Summary JudgmentOrder on Motion for Judgment on the PleadingsOrder on Motion to Strike and Memorandum of Law for Reconsideration of the Dismissal filed by Gregory Hilz. (Adams, Alberta) |
Filing 635 ENDORSED ORDER granting #634 Unopposed Motion to Extend Time to Submit Written Submission for Settlement Conference. Defendant John Salat shall submit his concise settlement statement by April 22, 2020. Signed by Magistrate Judge Nicholas P. Mizell on 4/15/2020. (brh) |
Filing 634 Unopposed MOTION for Extension of Time to File Settlement Submissions by John Salat by KMM Construction of Florida, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 633 JUDGMENT as to Kevin Burke. (Signed by Deputy Clerk) (drn) |
Filing 632 ENDORSED ORDER. Before the Court is Plaintiffs' Request for Dismissal without Prejudice of Defendant Kevin Burke (Doc. #630) filed on April 14, 2020. The Court finds good cause to grant the request. Accordingly, Plaintiffs' claims against are DISMISSED without prejudice, and the Clerk is DIRECTED to enter judgment and terminate Kevin Burke as a party. Signed by Judge Sheri Polster Chappell on 4/15/2020. (NMC) |
Filing 631 MOTION to Dismiss REMAINING STATE LAW CLAIMS by Gregory Hilz. (Attachments: #1 Exhibit A)(Adams, Alberta) |
Filing 630 NOTICE of voluntary dismissal by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Hamera, Jeffrey) |
Filing 629 MOTION for Reconsideration re #615 Order on Motion for Miscellaneous ReliefOrder on Motion for Summary JudgmentOrder on Motion for Judgment on the PleadingsOrder on Motion to Strike and Memorandum of Law for Reconsideration of the Dismissal of Count 24 of the Complaint Against Gregory Hilz by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Declaration)(Hamera, Jeffrey) |
Filing 628 NOTICE OF RESCHEDULING HEARING: The Settlement Conference hearing previously scheduled for 5/6/2020 is rescheduled. New scheduling date and time: Settlement Conference set for 5/28/2020 at 09:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell (WRW) |
Filing 627 ENDORSED ORDER granting #626 Joint Motion to Change the Date for Written Submissions for the Settlement Conference. By April 15, 2020, the parties shall submit their concisely written submissions for the settlement conference. The parties also expect that the May 6, 2020 settlement conference will need to be rescheduled because of the COVID-19 situation. The parties explain the other proposed dates conflict with a scheduled jury trial in a related Colorado case, which some parties and counsel must attend. Anticipating the likely continuance of jury trials currently set for a May 2020 trial term, the Court reschedules the settlement conference to Thursday, May 28, 2020 at 9:00 a.m. If the Colorado case goes forward as currently scheduled, the parties shall immediately notify the Court and it will reschedule the settlement conference. A separate notice of hearing will be entered. Signed by Magistrate Judge Nicholas P. Mizell on 4/8/2020. (brh) |
Filing 626 Joint MOTION for Extension of Time to File Written Submissions for the Settlement Conference to 04-15-20 by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 625 ENDORSED ORDER granting #622 Gregory Hilz' Motion to Reopen Dispositive Motion Deadline for the Limited Purpose of Filing a Motion to Dismiss Remaining Purely State Law Claims Against Hilz for Lack of Subject Matter and Personal Jurisdiction in Light of the Court's Dismissal of All Rico Claims Against Hilz in its Opinion and Order on Hilz' Motion for Summary Judgment [Doc. 615]. The deadline for dispositive motions is hereby extended for the limited purpose of allowing Plaintiff Gregory Hilz to file a Motion to Dismiss for the remaining state law claims. Mr. Hilz must file his Motion no later than 4/17/2020. Signed by Magistrate Judge Mac R. McCoy on 4/3/2020. (JTB) |
Filing 624 CERTIFICATE of compliance re #622 MOTION for Extension of Time to File A MOTION TO DISMISS REMAINING PURELY STATE LAW CLAIMS AGAINST HILZ FOR LACK OF SUBJECT MATTER AND PERSONAL JURISDICTION IN LIGHT OF THE COURT'S DISMISSAL OF ALL RICO CLAIMS AGAINST HILZ IN ITS OPINION AND ORDE by Gregory Hilz. (Adams, Alberta) |
Filing 623 CERTIFICATE of compliance re #622 MOTION for Extension of Time to File A MOTION TO DISMISS REMAINING PURELY STATE LAW CLAIMS AGAINST HILZ FOR LACK OF SUBJECT MATTER AND PERSONAL JURISDICTION IN LIGHT OF THE COURT'S DISMISSAL OF ALL RICO CLAIMS AGAINST HILZ IN ITS OPINION AND ORDE by Gregory Hilz. (Adams, Alberta) |
Filing 622 MOTION for Extension of Time to File A MOTION TO DISMISS REMAINING PURELY STATE LAW CLAIMS AGAINST HILZ FOR LACK OF SUBJECT MATTER AND PERSONAL JURISDICTION IN LIGHT OF THE COURT'S DISMISSAL OF ALL RICO CLAIMS AGAINST HILZ IN ITS OPINION AND ORDER ON HILZ' MOTION FOR SUMMARY JUDGMENT [DOC. 615] by Gregory Hilz. (Adams, Alberta) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 621 NOTICE of hearing: Settlement Conference set for 5/6/2020 at 09:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell (WRW) |
Filing 620 SETTLEMENT CONFERENCE ORDER Signed by Magistrate Judge Nicholas P. Mizell on 3/27/2020. (WRW) |
Filing 619 ORDERED: Defendants Brook Kozlowski and Kevin Burke's Motion for Summary Judgment (Doc. 468) is DENIED. Signed by Judge Sheri Polster Chappell on 3/27/2020. (AEH) |
Filing 618 Minute Entry. Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 3/18/2020. (DIGITAL) (WRW) |
Filing 617 RESPONSE re #515 Response to motion, #599 Reply to Response to Motion PLAINTIFFS' SUR-REPLY IN OPPOSITION TO KEVIN BURKE'S MOTION FOR SUMMARY JUDGEMENT filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 616 NOTICE of hearing: Telephonic Status Conference set for 3/18/2020 at 03:00 PM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell. A party may appear telephonically or in person on March 18, 2020 at 3:00 p.m. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 17041. Parties appearing by telephone are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. A party appearing telephonically is FURTHER REQUIRED to contact Courtroom Deputy Wendy Winkel at wendy_winkel@flmd.uscourts.gov at least two days before the hearing. (WRW) |
Filing 615 ORDERED: Defendant Gregory Hilz's Daubert Motion to Exclude Report and Testimony of Plaintiffs' Proffered Experts Richard Sieracki and Kimberly Reome of the Kenrich Group, LLC (Doc. #451) is GRANTED. Hilz's Daubert Motion to Exclude Report and Testimony of Plaintiffs' Proffered Expert, Jason Linder (Doc. #454) is GRANTED. Hilz's Motion for Summary Judgment (Doc. #456) is GRANTED in part and DENIED in part. Count 24 of the Fourth Amended Complaint is DISMISSED.Defendant John Salat's Motion for Summary Judgment (Doc. #460) is DENIED. Defendants Brook Kozlowski and Kevin Burke's Motion for Partial Judgment on the Pleadings (Doc. #470) is DENIED. Hilz's Motion to Strike Certain Evidence Submitted in Support of Plaintiffs' Response to Defendant's Motion for Summary Judgment (Doc. #532) is DENIED. Signed by Judge Sheri Polster Chappell on 3/13/2020. (AEH) |
Filing 614 NOTICE by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC re 610 Notice (Other) JOINT NOTICE TO COURT (Hamera, Jeffrey) |
Filing 613 DEPOSITION of Kerry Heltzel taken on February 11, 2020 by Kevin Burke re #599 Reply, Order 612 . (Bruyere, Michael) |
Filing 612 ENDORSED ORDER. In a reply filed on February 18, 2020, Burke stated he would file a complete transcript of Kerry Heltzel's deposition when he received it. Burke is DIRECTED to file the transcript, or notify the Court in writing that it remains unavailable, on or before March 17, 2020. Signed by Judge Sheri Polster Chappell on 3/10/2020. (NMC) |
Filing 611 ENDORSED ORDER granting in part Plaintiffs' Uncontested Motion to Extend Time for Plaintiffs' Surreply to Defendant Kevin Burke's Reply to Motion for Summary Judgment (Doc. #608). Plaintiffs may file a surreply on or before March 17, 2020. Signed by Judge Sheri Polster Chappell on 3/10/2020. (NMC) |
Filing 610 AMENDED NOTICE. Based on the referral for a settlement conference, the Court will hold a telephonic status conference prior to the settlement conference to discuss the status of the case and to schedule the settlement conference. The parties shall confer and agree on at least 3 times on March 16, 17, or 18, 2020, to hold this telephonic status conference. The parties shall file a Notice by March 12, 2020, indicating at least 3 times during these dates for this telephonic conference. (Notice Amended to modify dates). (brh) |
Filing 609 NOTICE. Based on the referral for a settlement conference, the Court will hold a telephonic status conference prior to the settlement conference to discuss the status of the case and to schedule the settlement conference. The parties shall confer and agree on at least 3 times on March 15, 16, or 17, 2020, to hold this telephonic status conference. The parties shall file a Notice by March 12, 2020, indicating at least 3 times during these dates for this telephonic conference. (brh) |
Filing 608 Unopposed MOTION for Extension of Time to File Response/Reply as to #599 Reply to Response to Motion for Extension of Time to File Surreply to Kevin Burke's Reply to Motion for Summary Judgment by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 607 ORDERED: This case is REFERRED to United States Magistrate Judge Nicholas Mizell to conduct a settlement conference and issue any order deemed appropriate thereafter. All named parties to this suit must attend the settlement conference as directed by Judge Mizell. The parties are DIRECTED to contact Judge Mizell's Chambers to arrange for a mutually agreeable time to participate in the settlement conference. Signed by Judge Sheri Polster Chappell on 3/6/2020. (AEH) |
Filing 606 FIFTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Joint Pretrial statement is due by 6/12/2020; All other motions are due by 6/12/2020; the Final Pretrial Conference is set for 6/26/2020 at 9:30 AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell; Jury Trial is set for the July 2020 Trial Term beginning 7/1/2020 in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. Signed by Judge Sheri Polster Chappell on 3/6/2020. (AEH) |
Filing 605 JUDGMENT as to Great American Insurance Company (Signed by Deputy Clerk) (drn) |
Filing 604 ENDORSED ORDER. Before the Court is Great American Insurance Company's Uncontested Motion to Confirm Dismissal of Consolidated Action (Case No. 2:18-cv-662-FtM-38MRM) with Prejudice (Doc. #603) filed on February 25, 2020. During a status conference, counsel for the parties to the consolidated action informed the Court they resolved their dispute in the larger settlement agreement reflected in Doc. #572. Accordingly, KMM Construction of Florida, LLC's claim against Great American Insurance Company is DISMISSED with prejudice, and the Clerk is DIRECTED to enter judgment. Signed by Judge Sheri Polster Chappell on 3/5/2020. (NMC) |
Filing 603 Unopposed MOTION to Dismiss Defendant Great American's Uncontested Motion to Confirm Dismissal of Consolidated Action (Case No. 2:18-cv-FtM-38MRM) with Prejudice by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 602 ENDORSED ORDER granting Plaintiffs' Uncontested Motion to Extend Time for Plaintiffs' Surreply to Defendant Kevin Burke's Reply to Motion for Summary Judgment. Plaintiffs' may file the surreply on or before March 9, 2020. Signed by Judge Sheri Polster Chappell on 2/25/2020. (NMC) |
Filing 601 Unopposed MOTION for Extension of Time to File Response/Reply as to #599 Reply to Response to Motion FOR SUMMARY JUDGMENT by All Plaintiffs. (Hamera, Jeffrey) |
Filing 600 REPLY to Response to Motion re #469 MOTION for Joinder , #470 MOTION for pleadings judgment MOTION for judgment on the pleadings filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Grohman, Christopher) |
Filing 599 REPLY to Response to Motion re #595 MOTION for leave to file Reply to Plaintiffs' Response to Defendant Kevin Burke's Motion for Summary Judgment filed by Kevin Burke. (Attachments: #1 Exhibit Exhibit A)(Bruyere, Michael) |
Filing 598 REPLY to Response to Motion re #456 MOTION for summary judgment Sur-Reply filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Grohman, Christopher) |
Filing 597 ENDORSED ORDER granting in part Defendant Kevin Burke's Motion for Leave to File Reply to Plaintiffs' Response to Defendant Kevin Burke's Motion for Summary Judgment (Doc. #595). Burke may file a reply brief to address the affidavit and other evidence produced by Kerry Heltzel. The reply is not to exceed 5 pages in length and must be filed on or before February 18, 2020. Plaintiffs may file a surreply, not to exceed 5 pages, on or before February 24, 2020. Signed by Judge Sheri Polster Chappell on 2/12/2020. (NMC) |
Filing 596 RESPONSE re #515 Response to motion for summary judgment [ECF No. 468] filed by Brook Kozlowski. (Yombor, Kevin) |
Filing 595 MOTION for leave to file Reply to Plaintiffs' Response to Defendant Kevin Burke's Motion for Summary Judgment by Kevin Burke. (Bruyere, Michael) |
Filing 594 ORDER granting #592 Motion for Withdrawal of Lynn Maynard Gollin, Daniel A. Garcia, and Ari Shapiro as Counsel of Record for Certain Defendants. Lynn Maynard Gollin, Daniel A. Garcia, and Ari Shapiro have no further responsibility in this action; the Clerk of Court is directed to terminate Lynn Maynard Gollin, Daniel A. Garcia, and Ari Shapiro as counsel of record for Defendants Albertelli Construction, Inc., David Albertelli, Westcore Construction, LLC (Del.), Westcore Construction, LLC (Nev), National Framing, LLC, MFDC, LLC, Team CCR, LLC, US Construction Trust, John Salat, Foundation Management, LLC and KMM Construction, LLC and to remove them from the electronic service list in CM/ECF for this case; Defendants Albertelli Construction, Inc., David Albertelli, Westcore Construction, LLC (Del.), Westcore Construction, LLC (Nev), National Framing, LLC, MFDC, LLC, Team CCR, LLC, US Construction Trust, John Salat, Foundation Management, LLC and KMM Construction, LLC continue to be represented by the law firm John D. Webb, and the attorneys of record Alberta L. Adams and John D. Webb. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 2/10/2020. (JTB) |
Filing 593 RESPONSE re #513 Response to motion, #587 Order on Motion for Miscellaneous ReliefOrder on Motion for Leave to FileOrder on Motion for Joinder filed by Gregory Hilz. (Attachments: #1 Exhibit A, #2 Exhibit B)(Adams, Alberta) |
Filing 592 MOTION for Lynn Maynard Gollin, Daniel A. Garcia and Ari Shapiro to withdraw as attorney by David Albertelli, Albertelli Construction Inc., Foundation Management, LLC, KMM Construction, LLC, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, LLC. (Gollin, Lynn) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 591 ENDORSED ORDER granting in part Defendant Brook Kozlowski's Motion for Leave to File Reply to Plaintiffs' Response to Defendant Brook Kozlowski's Motion for Summary Judgment (Doc. #590). Kozlowski may file a reply brief to present discovery conducted after his motion was filed that contradicts statements made in Plaintiffs' response. The reply is not to exceed 5 pages in length and must be filed on or before February 11, 2020. Plaintiffs may file a surreply, not to exceed 5 pages, on or before February 18, 2020. Signed by Judge Sheri Polster Chappell on 2/4/2020. (NMC) |
Filing 590 MOTION for leave to file Reply to Plaintiffs' Response to Defendant Brook Kozlowski's Motion for Summary Judgment by Brook Kozlowski. (Alexander, Abbye) |
Filing 589 NOTICE by Gregory Hilz (Notice to Court) (Attachments: #1 Exhibit A, #2 Exhibit B)(Adams, Alberta) |
Filing 588 ENDORSED ORDER denying as moot KMM Construction, LLC and National Framing, LLC's Motion for Partial Summary Judgment (Doc. #462) and Plaintiffs' Renewed Motion for Summary Judgment on Count IV - Civil Theft (Fla. Stat. 772.11) - against Defendants, Albertelli Construction, Inc. and David Albertelli (Doc. #467) in light of the Judgment entered on January 28, 2020 (Doc. #585). Signed by Judge Sheri Polster Chappell on 1/30/2020. (NMC) |
Filing 587 ORDERED: Defendant Gregory Hilz's Motion for Oral Argument on Motions for Summary Judgment (Doc. #473) and Brook Kozlowski's Joinder in Motion for Oral Argument on Motions for Summary Judgment (Doc. #584) are DENIED. Hilz's Motion for Leave to File Replies to Plaintiffs' Responses: (1) in Opposition to Hilz's Daubert Motion to Exclude Plaintiffs' Damages Experts (D.E. 512); and (2) in Opposition to Defendants' Daubert Motion Seeking to Exclude the Expert Testimony of Jason Linder (D.E. 516) (Doc. #520) is DENIED. Hilz's Motion for Leave to File Reply to Plaintiffs' Response to Defendant Gregory Hilz's Motion for Summary Judgment (D.E. 513) (Doc. #521) is GRANTED in part. Hilz may file a reply brief, not to exceed five (5) pages in length, on or before February 5, 2020. Plaintiffs may file a surreply brief, not to exceed five (5) pages in length, on or before February 12, 2020. Kozlowski's Joinder in Motion for Leave to File Replies to Plaintiffs' Responses in Opposition to Hilz's Daubert Motions (Doc. #582) and Joinder in Motion for Leave to File Reply to Plaintiffs' Response to Defendant's Motion for Summary Judgment (Doc. #583) are DENIED. Signed by Judge Sheri Polster Chappell on 1/29/2020. (AEH) |
***PRO HAC VICE FEES paid by attorney Matthew N. Foree, appearing on behalf of Kevin Burke (Filing fee $150 receipt number FTM014362.) Related document: #580 Unopposed MOTION for Matthew N. Foree to appear pro hac vice. (SPB) |
Filing 586 Minute Entry. Proceedings held before Judge Sheri Polster Chappell: STATUS CONFERENCE held on 1/28/2020. Court Reporter: Susan C. Baker (AEH) |
Filing 585 JUDGMENT as to David Albertelli, George Albertelli, Amy Butler, Albertelli Construction, Inc., Westcore Construction, LLC (Del.), Westcore Construction, L.L.C. (Nev.), Foundation Management, LLC, National Framing, LLC, U.S. Construction Trust, MFDC, LLC, Team CCR, LLC, KMM Construction, LLC, Continental Properties Company, Inc., and Kerry Heltzel. (Signed by Deputy Clerk) (drn) |
Filing 584 MOTION for Joinder in Motion for Oral Argument on Motions for Summary Judgment by Brook Kozlowski. (Alexander, Abbye) |
Filing 583 MOTION for Joinder in Motion for Leave to File Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment by Brook Kozlowski. (Alexander, Abbye) |
Filing 582 MOTION for Joinder in Motion for Leave by Brook Kozlowski. (Alexander, Abbye) |
Filing 581 ORDER granting #580 the Unopposed Motion for Permission of Matthew N. Foree, Esq. to Appear Pro Hac Vice. The Clerk is directed to add Matthew N. Foree to the service list; unless already completed, within fourteen (14) days from the date of this Order, Matthew N. Foree must send the required fee to the Clerk's Office; unless already completed, within fourteen (14) days from the date of this Order, Matthew N. Foree must complete and submit the E-Filer Registration Form for CM/ECF. Failure to register may cause the Court to revoke permission to appear specially. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/28/2020. (JTB) |
Filing 580 Unopposed MOTION for Matthew N. Foree to appear pro hac vice by Kevin Burke. (Bruyere, Michael) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 579 ORDERED: Plaintiffs' Request for Dismissal without Prejudice of Defendant Kerry Heltzel (Doc. #530) is GRANTED. Plaintiffs' claims against Heltzel set out in the Fourth Amended Complaint (Doc. #218) are DISMISSED without prejudice. The Joint Request for Dismissal with Prejudice of Certain Pleadings and Claims (Doc. #572) is GRANTED. Plaintiffs' claims against David Albertelli, George Albertelli, Amy Butler, Albertelli Construction, Inc., Westcore Construction, LLC (Del.), Westcore Construction, L.L.C. (Nev.), Foundation Management, LLC, National Framing, LLC, U.S. Construction Trust, MFDC, LLC, Team CCR, LLC, and KMM Construction, LLC set out in the Fourth Amended Complaint (Doc. #218) are DISMISSED with prejudice. National Framing, LLC's Amended Counterclaim (Doc. #247) is DISMISSED with prejudice. Westcore Construction, LLC's Amended Counterclaim (Doc. #246) is DISMISSED with prejudice. KMM Construction, LLC's Amended Counterclaim (Doc. #245) is DISMISSED with prejudice. Albertelli Construction, Inc.'s Fifth Amended Counterclaim and Third-Party Complaint (Doc. #370) is DISMISSED with prejudice.Continental Properties Company, Inc.'s Counterclaim (Doc. #381) is DISMISSED with prejudice. The Clerk is DIRECTED to enter judgment on the above-listed claims and to terminate the following parties: David Albertelli, George Albertelli, Amy Butler, Albertelli Construction, Inc., Westcore Construction, LLC (Del.), Westcore Construction, L.L.C. (Nev.), Foundation Management, LLC, National Framing, LLC, U.S. Construction Trust, MFDC, LLC, Team CCR, LLC, KMM Construction, LLC, Continental Properties Company, Inc., and Kerry Heltzel. Counsel for Kerry Heltzel is no longer required to attend the telephonic status conference set for January 28, 2020. Signed by Judge Sheri Polster Chappell on 1/27/2020. (AEH) |
Filing 578 ORDERED: Gregory Hilz's Motion to Reopen Discovery for the Limited Purpose of Deposing Defendant Kerry Heltzel (Doc. #533) is GRANTED. Hilz may depose Heltzel on or before February 28, 2020. Signed by Judge Sheri Polster Chappell on 1/23/2020. (AEH) |
Filing 577 RESPONSE re #572 Stipulation of Dismissal filed by Gregory Hilz. (Adams, Alberta) |
Filing 576 NOTICE of Appearance by Kevin Patrick Yombor on behalf of Brook Kozlowski (Yombor, Kevin) |
Filing 575 RESPONSE in Opposition re #532 MOTION to Strike Certain Evidence Submitted in Support of Plaintiffs' Response to Defendant's Motion for Summary Judgment filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(St. Aubin, Keith) |
Filing 574 ADDITIONAL NOTICE OF ATTENDANCE re 571 NOTICE OF HEARING of the TELEPHONIC Status Conference scheduled for January 28, 2020 at 1:30PM before the Honorable Sheri Polster Chappell. COUNSEL FOR DEFENDANT JOHN SALAT IS ALSO REQUIRED TO ATTEND THE TELEPHONIC STATUS CONFERENCE. Counsel is DIRECTED to follow the same call-in instructions provided in the previous NOTICE OF HEARING issued January 14, 2020 (docket entry 571). (AEH) . |
Filing 573 ENDORSED ORDER. Various parties have submitted two requests to dismiss certain claims and parties under Rule 41(a)(2) (Docs. #530 & #572). Any party who objects to any aspect of these requests shall raise such objections, in writing, on or before January 24, 2020. Signed by Judge Sheri Polster Chappell on 1/17/2020. (NMC) |
Filing 572 STIPULATION of Dismissal JOINT REQUEST FOR DISMISSAL WITH PREJUDICE OF CERTAIN PLEADINGS AND CLAIMS by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A)(Hamera, Jeffrey) |
Filing 571 NOTICE OF HEARING (TELEPHONIC): A Status Conference is set for 1/28/2020 at 1:30 PM before Judge Sheri Polster Chappell. ONLY counsel for the Plaintiffs and for Defendants Hilz, Burke, Kozlowski and Heltzel are REQUIRED to call-in for the Status Conference; the other parties may call-in but are not required to do so. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-684-8852, ACCESS CODE: 9040683, SECURITY CODE: 17041. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. (AEH) |
Filing 570 ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. Any party who wishes to respond to Gregory Hilz's Motion to Strike Certain Evidence Submitted in Support of Plaintiffs' Response to Defendant's Motion for Summary Judgment (Doc. #532) and Gregory Hilz's Motion to Reopen Discovery for the Limited Purpose of Deposing Defendant Kerry Heltzel (Doc. #533) must do so on or before January 22, 2020. Signed by Judge Sheri Polster Chappell on 1/14/2020. (NMC) |
Filing 569 SETTLEMENT/TRIAL report by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 568 SETTLEMENT/TRIAL report by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 567 NOTICE canceling Final Pretrial Conference hearing scheduled for 12/20/2019 (AEH) |
Filing 566 NOTICE of compliance PLAINTIFFS' SECOND NOTICE OF COMPLIANCE WITH THE COURT'S NOVEMBER 21, 2019, ORDER (DKT. NO. 552) by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Attachments: #1 Exhibit A)(St. Aubin, Keith) |
Filing 565 NOTICE of unavailability of counsel by Kevin Burke from April 17, 2020 to April 26, 2020. (Bruyere, Michael) |
Filing 564 NOTICE of unavailability of counsel by Kevin Burke from April 27, 2020 to April 26, 2020. (Bruyere, Michael) |
Filing 563 NOTICE of Appearance by Abbye Erika Alexander on behalf of Brook Kozlowski (Alexander, Abbye) |
Filing 562 NOTICE of Appearance by Michael P. Bruyere on behalf of Kevin Burke (Bruyere, Michael) |
Filing 561 NOTICE of compliance PLAINTIFFS' NOTICE OF COMPLIANCE WITH THE COURT'S NOVEMBER 21, 2019, ORDER (DKT. NO. 552) by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Attachments: #1 Exhibit A)(St. Aubin, Keith) |
Filing 560 ENDORSED ORDER granting #559 Motion for Withdrawal of George H. Knott and Miesha M. Hewitt as Counsel of Record for Defendant, Gregory Hilz. Attorneys George H. Knott and Miesha M. Hewitt have not further responsibility for this case. The Clerk of Court is directed to terminate George H. Knott and Miesha M. Hewitt as counsel of record for Defendant Gregory Hilz and to remove them from the electronic service list in CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 11/25/2019. (McCoy, Mac) |
Filing 559 MOTION for Miesha M. Hewitt and George H. Knott to withdraw as attorney by Gregory Hilz. (Hewitt, Miesha) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 558 ORDER granting in part and deeming withdrawn without prejudice in part #535 Gregory Hilz's Motion to Compel and Overrule Plaintiffs' Objections to Hilz's First Request for Production. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/25/2019. (McCoy, Mac) |
Filing 557 RESPONSE to Motion re #535 MOTION to Compel Production and Overrule Plaintiffs' Objections to First Request for Production filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC, Continental Properties Group, Inc.. (Attachments: #1 Exhibit A)(Hamera, Jeffrey) |
Filing 556 ORDER requiring Plaintiffs to respond timely to #535 Defendant Gregory Hilz's Motion to Compel and Overrule Plaintiffs' Objections to First Request for Production. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/21/2019. (Attachments: #1 Exhibit)(McCoy, Mac) |
Filing 555 ORDER granting in part and denying in part #439 Objection to ALAW's Invoice for Fees. Plaintiffs are ordered to remit payment to the non-parties in the amount of $14,935.00 no later than 12/6/2019. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/21/2019. (McCoy, Mac) |
Filing 554 SETTLEMENT/TRIAL report by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 553 ORDER granting #479 Defendants, Brook Kozlowski, Kevin Burke, and Kerry Heltzel's, Emergency, Unopposed Motion to Seal Document 468-3 of Defendants' Motion for Summary Judgment. The Clerk of Court is directed to place and maintain Docket Entries 468 and 468-1 through 468-3 under seal. The Clerk of Court is directed to maintain the documents under seal until further court order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/21/2019. (McCoy, Mac) |
Filing 552 ORDER denying #428 Defendant Brook Kozlowski's Motion to Modify Plaintiffs' Subpoena to Produce Documents Directed to Morgan Stanley Smith Barney LLC, and in the Alternative, Motion for Protective Order, subject to the procedures set forth in the Order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/21/2019. (McCoy, Mac) |
Filing 551 ORDER denying #425 Plaintiffs' Motion to Compel Production of Documents from Defendant Brook Kozlowski. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/21/2019. (McCoy, Mac) |
Sealed Document (s-550). (drn) |
Sealed Document (s-549). (drn) |
Filing 548 ORDER denying #424 Plaintiffs' Motion to Compel Production of Documents From Certain Defendants. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/20/2019. (McCoy, Mac) |
Filing 547 ORDER granting #536 Defendant Gregory Hilz's Unopposed Motion for Leave to File Under Seal. No later than 11/26/2019, Defendant Hilz must send or deliver the unredacted documents to the Clerk's Office in an envelope bearing the caption of the case and stating on the cover that the documents are to be filed under seal pursuant to this Order. Defendant must provide a copy of this Order with the sealed, unredacted documents. If possible, Defendant must also provide a computer disc (CD or DVD) containing the unredacted documents in PDF file format with clear and appropriate file names for ease of electronic filing by the Clerk's Office. The Clerk of Court is directed to file the unredacted documents under seal upon receipt. The Clerk of Court is also directed to link the sealed, unredacted motion and exhibit to the redacted version of the motion and exhibit (see Doc. #535) on the docket. The Clerk of Court is directed to maintain these documents under seal until further court order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/19/2019. (McCoy, Mac) |
Filing 546 ORDER granting #475 Plaintiffs' Unopposed Motion for Leave to File Exhibit D to #467 Plaintiffs' Renewed Motion for Summary Judgment on Count IV - Civil Theft (Fla. Stat. 772.11) - Against Defendants Albertelli Construction, Inc. and David Albertelli Under Seal. No later than 11/26/2019, Plaintiffs must send or deliver Exhibit D to the Clerk's Office in an envelope bearing the caption of the case and stating on the cover that the exhibit is to be filed under seal pursuant to this Order. Plaintiffs must provide a copy of this Order with the sealed exhibit. If possible, Plaintiffs must also provide a computer disc (CD or DVD) containing the exhibit in PDF file format for ease of electronic filing by the Clerk's Office. The Clerk of Court is directed to file the exhibit under seal upon receipt. The Clerk of Court is also directed to link the sealed exhibit to the Plaintiffs' Renewed Motion For Summary Judgment On Count IV - Civil Theft (Fla. Stat. 772.11) - Against Defendants, Albertelli Construction, Inc. and David Albertelli (Doc. #467) on the docket. The Clerk of Court is directed to maintain the exhibit under seal until further court order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/19/2019. (McCoy, Mac) |
Filing 545 TEXT ORDER denying as moot #487 Defendant Gregory Hilz' [sic] Motion to Compel Production of Documents from Non-Party Halling & Cayo, S.C. in light of #508 Defendant Gregory Hilz' [sic] Notice of Mootness of Motion to Compel Production of Documents from Non-Party Halling & Cayo, S.C. Signed by Magistrate Judge Mac R. McCoy on 11/19/2019. (McCoy, Mac) |
Filing 544 ORDERED: CSK's Motion to Withdraw as Counsel of Record and Incorporated Motion to Extend Various Deadlines and to Continue Trial (Doc. #540; Doc. #541) is GRANTED. The Clerk is DIRECTED to administratively close the case. Defendants Brook Kozlowski and Kevin Burke are ORDERED to either (a) have new counsel enter an appearance on their behalf or (b) notify the Court, in writing, that they intend to proceed pro se, on or before December 18, 2019. All upcoming deadlines are suspended until the Court issues a new case management and scheduling order. Signed by Judge Sheri Polster Chappell on 11/19/2019. (AEH) |
Filing 543 RESPONSE in Opposition re #541 Emergency MOTION for Brooke Beebe, Jeffrey Partlow, Steven Hermosa, Geraldine Pena to withdraw as attorney , Motion to Continue Pretrial Deadlines and Trial filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hamera, Jeffrey) |
Filing 542 ENDORSED ORDER. This matter comes before the Court on review of the Emergency Motion to Withdraw as Counsel of Record and Incorporated Motion to Extend Various Deadlines and to Continue Trial (Doc. #541). In light of the looming deadlines and the ethical dilemma they create for the movants, any party opposing the Motion is ORDERED to file an expedited response before 5:00 p.m. on November 15, 2019. Signed by Judge Sheri Polster Chappell on 11/14/2019. (NMC) |
Filing 541 Emergency MOTION for Brooke Beebe, Jeffrey Partlow, Steven Hermosa, Geraldine Pena to withdraw as attorney , Motion to Continue Pretrial Deadlines and Trial by Kevin Burke, Brook Kozlowski. (Partlow, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 540 MOTION for Brooke Beebe, Jeffrey Partlow, Steven Hermosa, Geraldine Pena to withdraw as attorney for Kevin Burke and Book Kozlowski, MOTION to Continue Pretrial Deadlines and Trial by Kevin Burke, Brook Kozlowski. (Hermosa, Steven) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 539 ENDORSED ORDER granting #531 Notice of Withdrawal of Appearance and Request for Removal From Service List, which the Court construes as a motion by attorney Scott C. Ilgenfritz to withdraw as counsel of record for non-party Halling & Cayo S.C. Attorney Scott C. Ilgenfritz has no further responsibility for this case. The Clerk of Court is directed to terminate Scott C. Ilgenfritz as counsel of record in this case and to remove him from the CM/ECF electronic service list. Signed by Magistrate Judge Mac R. McCoy on 11/11/2019. (McCoy, Mac) |
Filing 538 ENDORSED ORDER granting #482 Consent Order Granting Substitution of Attorney, which the Court construes as a motion for Brooke B. Beebe, Jeffrey M. Partlow, Callie Elizabeth Waers, Steven Edward Hermosa, and Geraldine Pena to withdraw as counsel of record for Defenant Kerry Heltzel only. Attorneys Brooke B. Beebe, Jeffrey M. Partlow, Callie Elizabeth Waers, Steven Edward Hermosa, and Geraldine Pena no longer have responsibility for Defendant Kerry Heltzel in this case. The Clerk of Court is directed to remove these attorneys as counsel of record for Defendant Kerry Heltzel only. Signed by Magistrate Judge Mac R. McCoy on 11/11/2019. (McCoy, Mac) |
Filing 537 ENDORSED ORDER granting #527 Callie E. Waers' Motion to Withdraw as Counsel. Attorney Callie E. Waers has no further responsibility for this case. The Clerk of Court is directed to terminate Callie E. Waers as counsel of record for Defendants Brook Kozlowski, Kevin Burke, and Kerry Heltzel. The Clerk of Court is also directed to remove Callie E. Waers from the CM/ECF electronic service list in this case. Signed by Magistrate Judge Mac R. McCoy on 11/11/2019. (McCoy, Mac) |
Filing 536 Unopposed MOTION for leave to file under seal #535 Gregory Hilz's Motion to Compel and Overrule Plaintiffs' Objections to First Request for Production by Gregory Hilz. (Graham, Robert) |
Filing 535 MOTION to Compel Production and Overrule Plaintiffs' Objections to First Request for Production by Gregory Hilz. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Graham, Robert) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 534 SUPPLEMENT re #533 MOTION for Discovery to be Reopened for the Limited Purpose of Deposing Defendant Kerry Heltzel (Supplemental Local Rule 3.01(g) Certificate) by Gregory Hilz. (Adams, Alberta) |
Filing 533 MOTION for Discovery to be Reopened for the Limited Purpose of Deposing Defendant Kerry Heltzel by Gregory Hilz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Adams, Alberta) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 532 MOTION to Strike Certain Evidence Submitted in Support of Plaintiffs' Response to Defendant's Motion for Summary Judgment by Gregory Hilz. (Graham, Robert) |
Filing 531 NOTICE by Halling & Cayo S.C. and Request for Removal from Service List (Ilgenfritz, Scott) Modified on 11/7/2019 to change docketing event (laf). |
Filing 530 NOTICE of voluntary dismissal by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Hamera, Jeffrey) |
Filing 527 MOTION for Callie E. Waers to withdraw as attorney by Kevin Burke, Brook Kozlowski. (Waers, Callie) Motions referred to Magistrate Judge Mac R. McCoy. |
Sealed Document (s-528). (drn) |
Sealed Document (s-529). (drn) |
***PRO HAC VICE FEES paid by attorney George D. Niespolo, appearing on behalf of Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC and Continental 355 Fund LLC (Filing fee $150 receipt number FTM014185.) Related document: #522 Unopposed MOTION for George D. Niespolo to appear pro hac vice. (SPB) Modified on 11/4/2019 (drn). |
Filing 526 ORDER granting #522 Unopposed Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act. The Clerk is directed to add George D. Niespolo to the service list. Unless already completed, within fourteen (14) days from the date of this Order, George D. Niespolo must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, George D. Niespolo must complete and submit the E-Filer Registration Form for CM/ECF. Failure to register may cause the Court to revoke permission to appear specially. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/1/2019. (JTB) |
Filing 525 ORDERED: Joint Motion of Various Defendants to Set Trial for Date Certain (Doc. #506) is DENIED. Signed by Judge Sheri Polster Chappell on 10/31/2019. (AEH) |
Filing 524 RESPONSE in Opposition re #521 MOTION for leave to file REPLY TO PLAINTIFFS' RESPONSE TO DEFENDANT GREGORY HILZ'S MOTION FOR SUMMARY JUDGMENT (D.E. 513) filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 523 RESPONSE in Opposition re #520 MOTION for leave to file REPLIES TO PLAINTIFFS' RESPONSES: (1) IN OPPOSITION TO HILZ'S DAUBERT MOTION TO EXCLUDE PLAINTIFFS' DAMAGES EXPERTS (D.E. 512); AND (2) IN OPPOSITION TO DEFENDANTS' DAUBERT MOTION SEEKING TO EXCLUDE THE EXP filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 522 Unopposed MOTION for George D. Niespolo to appear pro hac vice by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A)(Shuman, Michael) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 521 MOTION for leave to file REPLY re #513 Response to Defendant Gregory Hilz's Motion for Summary Judgment by Gregory Hilz. (Adams, Alberta) Modified on 10/31/2019 as to docket text (MLS). |
Filing 520 MOTION for leave to file REPLY to #512 Plaintiffs' RESPONSES: in opposition to Hilz's Daubert Motion and re #516 Opposition to Defendants' Daubert Motion seeking to Exclude Expert Testimony by Gregory Hilz. (Adams, Alberta) Modified on 10/31/2019 as to docket text (MLS). |
Filing 519 ENDORSED ORDER granting #517 Plaintiffs' Unopposed Motion for Leave to File Exhibits to Plaintiffs' Responses to Multiple Motions Under Seal. Within five (5) business days of this Order, Plaintiffs must send or deliver the relevant exhibits to the Clerk's Office in an envelope bearing the caption of the case and indicating (1) that the documents are to be filed under seal pursuant to this Order and (2) the specific pending motions to which the exhibits relate. Plaintiffs must also provide a copy of this Order with the exhibits. Upon receipt of the exhibits by the Clerk of Court, the Clerk of Court is directed to file the documents under seal and to add notations to the docket entries that link the exhibits to the related motions. If available, counsel shall provide a disc containing clearly labeled electronic copies of the exhibits for ease of electronic filing by the Clerk's Office. These exhibits shall remain under seal for the duration of this action and any appeal thereto, or until further court order requiring the documents to be unsealed. Signed by Magistrate Judge Mac R. McCoy on 10/30/2019. (JTB) |
Filing 518 RESPONSE in Opposition re #470 MOTION for pleadings judgment MOTION for judgment on the pleadings PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS (DKT. NO. 470) filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (St. Aubin, Keith) |
Filing 517 MOTION for leave to file EXHIBITS TO PLAINTIFFS' RESPONSES TO MULTIPLE MOTIONS UNDER SEAL #512 and #513 by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 516 RESPONSE in Opposition re #454 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Expert, Jason Linder filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Grohman, Christopher) |
Filing 515 RESPONSE to Motion re #460 MOTION for summary judgment , #469 MOTION for Joinder PLAINTIFFS' RESPONSE TO 468 DEFENDANTS, BROOK KOZLOWSKI, KEVIN BURKE, AND KERRY HELTZEL'S, MOTION FOR SUMMARY JUDGMENT filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Index to Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Hamera, Jeffrey) |
Filing 514 CERTIFICATE of service by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC re #512 Response in Opposition to Motion . (Hamera, Jeffrey) |
Filing 513 RESPONSE to Motion re #456 MOTION for summary judgment PLAINTIFFS' RESPONSE TO DEFENDANT GREGORY HILZ'S MOTION FOR SUMMARY JUDGMENT filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Index to Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15)(Hamera, Jeffrey) Modified on 11/1/2019. Audio Recording of Exhibit 7 provided on USB drive and DVD and filed separately. (drn). |
Filing 512 RESPONSE in Opposition re #469 MOTION for Joinder , #451 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Experts Richard Sieracki and Kimberly Reome of the Kenrich Group, LLC filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Index to Exhibits, #2 Exhibit A through G)(Hamera, Jeffrey) |
Filing 511 RESPONSE in Opposition re #460 MOTION for summary judgment PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DKT. NO. 460) filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit Index, #2 Exhibits 1-6)(St. Aubin, Keith) |
Filing 510 ENDORSED ORDER granting Joint Motion to Abate Summary Judgment Responses (Doc. #509). The deadlines to respond to KMM Construction, LLC and National Framing, LLC's Motion for Partial Summary Judgment (Doc. #462) and Plaintiffs' Renewed Motion for Summary Judgment on Count IV (Doc. #467) are suspended, pending final settlement of the claims underlying those motions. David Albertelli, Albertelli Construction, Inc., KMM Construction, National Framing, and Plaintiffs are ORDERED to jointly inform the Court, in writing, of the status of the settlement negotiations on November 19, 2019, and every 21 days thereafter until dismissal documents are filed. Signed by Judge Sheri Polster Chappell on 10/29/2019. (NMC) |
Filing 509 Joint MOTION for miscellaneous relief, specifically Abate Responses to Motions for Summary Judgment by Albertelli Construction Inc.. (Webb, John) |
Filing 508 NOTICE by Gregory Hilz re #487 MOTION to Compel Production of Documents from Non-Party Halling & Cayo, S.C. Notice of Mootness of Motion to Compel Production of Documents (Graham, Robert) |
Filing 507 SUPPLEMENT re #506 Joint MOTION for miscellaneous relief, specifically of Various Defendants to Set Trial for Date Certain (Supplemental Local Rule 3.01(g) Certificate) by Gregory Hilz. (Adams, Alberta) |
Filing 506 Joint MOTION for miscellaneous relief, specifically of Various Defendants to Set Trial for Date Certain by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, Gregory Hilz, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, LLC, Westcore Construction, LLC. (Adams, Alberta) |
Sealed Document (s-505). (drn) |
Filing 503 RESPONSE to Motion re #424 MOTION to Compel Production of Documents from Certain Defendants filed by Westcore Construction, LLC. (Gollin, Lynn) |
Sealed Document (s-504). (drn) |
Filing 502 ENDORSED ORDER granting #458 Gregory Hilz's Unopposed Motion for Leave to File Under Seal. Within five (5) business days of this Order, Defendant must send or deliver the relevant unredacted Motion and accompanying previously redacted exhibits under seal to the Clerk's Office in an envelope bearing the caption of the case and stating (1) that the documents are to be filed under seal pursuant to this Order and (2) the most recent redacted motion to which the previous unredacted motion relates. Defendant must also provide a copy of this Order with the unredacted motion. Upon receipt of the unredacted motion by the Clerk of Court, the Clerk of Court is directed to file the document under seal and to add notations to the docket entries that link the unredacted motion to the redacted version on the docket. If available, counsel shall provide a disc containing clearly labeled electronic copies of the unredacted motion for ease of electronic filing by the Clerk's Office. The unredacted motion shall remain under seal until further court order. Signed by Magistrate Judge Mac R. McCoy on 10/17/2019. (JTB) |
Sealed Document (s-501). (drn) |
Filing 500 ENDORSED ORDER granting #452 Gregory Hilz's Unopposed Motion for Leave to File Under Seal. Within five (5) business days of this Order, Defendant must send or deliver the relevant unredacted motion to the Clerk's Office in an envelope bearing the caption of the case and stating (1) that the documents are to be filed under seal pursuant to this Order and (2) the redacted motion to which the unredacted motion relates. Defendant must also provide a copy of this Order with the unredacted motion. Upon receipt of the unredacted motion by the Clerk of Court, the Clerk of Court is directed to file the document under seal and to add notations to the docket entries that link the unredacted motion to the redacted version on the docket. If available, counsel shall provide a disc containing clearly labeled electronic copies of the unredacted motion for ease of electronic filing by the Clerk's Office. The unredacted motion shall remain under seal for the duration of this action and any appeal thereto, or until further court order requiring the documents to be unsealed. Signed by Magistrate Judge Mac R. McCoy on 10/15/2019. (JTB) |
Filing 499 ENDORSED ORDER granting #450 Plaintiffs' Unopposed Motion for Leave to File Exhibits A, C, D, and E to Plaintiffs' Response to Defendant Brook Kozlowski's Motion to Modify Subpoena to Morgan Stanley, and in the Alternative, Motion for Protective Order Under Seal. Within five (5) business days of this Order, Plaintiffs must send or deliver the relevant exhibits to the Clerk's Office in an envelope bearing the caption of the case and indicating (1) that the documents are to be filed under seal pursuant to this Order and (2) the specific pending motions to which the exhibits relate. Plaintiffs must also provide a copy of this Order with the exhibits. Upon receipt of the exhibits by the Clerk of Court, the Clerk of Court is directed to file the documents under seal and to add notations to the docket entries that link the exhibits to the related motions. If available, counsel shall provide a disc containing clearly labeled electronic copies of the exhibits for ease of electronic filing by the Clerk's Office. These exhibits shall remain under seal for the duration of this action and any appeal thereto, or until further court order requiring the documents to be unsealed. Signed by Magistrate Judge Mac R. McCoy on 10/15/2019. (JTB) |
Filing 498 ENDORSED ORDER granting #449 Defendants, David Albertelli, Albertelli Construction, Inc., Westcore Construction, LLC (Del.), MFDC, LLC, Team Ccr, LLC, John Salat, US Construction Trust, Foundation Management, LLC, KMM Construction, LLC, National Framing, LLC, and Westcore Construction, LLCs' (Nev.) Unopposed Motion to File Under Seal. Within five (5) business days of this Order, Defendants must send or deliver the relevant exhibits to the Clerk's Office in an envelope bearing the caption of the case and indicating (1) that the documents are to be filed under seal pursuant to this Order and (2) the specific pending motions to which the exhibits relate. Defendants must also provide a copy of this Order with the exhibits. Upon receipt of the exhibits by the Clerk of Court, the Clerk of Court is directed to file the documents under seal and to add notations to the docket entries that link the exhibits to the related motions. If available, counsel shall provide a disc containing clearly labeled electronic copies of the exhibits for ease of electronic filing by the Clerk's Office. These exhibits shall remain under seal for the duration of this action and any appeal thereto, or until further court order requiring the documents to be unsealed. Signed by Magistrate Judge Mac R. McCoy on 10/15/2019. Modified on 10/15/2019 (JTB). |
Filing 497 ENDORSED ORDER granting #496 Unopposed Motion to Extend the Date for Filing Responses to Dispositive Motions. All parties must file responses to dispositive motions no later than 10/29/2019. Signed by Magistrate Judge Mac R. McCoy on 10/15/2019. (JTB) |
Filing 496 Unopposed MOTION for Extension of Time to File Response/Reply as to #460 MOTION for summary judgment , #454 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Expert, Jason Linder , #456 MOTION for summary judgment , #462 MOTION for summary judgment , #470 MOTION for pleadings judgment MOTION for judgment on the pleadings , #467 MOTION for summary judgment PLAINTIFFS' RENEWED MOTION FOR SUMMARY JUDGMENT ON COUNT IV - CIVIL THEFT (FLA. STAT. 772.11) - AGAINST DEFENDANTS, ALBERTELLI CONSTRUCTION, INC. AND DAVID ALBERTELLI, #451 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Experts Richard Sieracki and Kimberly Reome of the Kenrich Group, LLC by Albertelli Construction Inc.. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 495 RESPONSE to Motion re #487 MOTION to Compel Production of Documents from Non-Party Halling & Cayo, S.C. filed by Halling & Cayo S.C.. (Ilgenfritz, Scott) |
Filing 494 ENDORSED ORDER granting #493 Defendants' Unopposed Motion for Extension of Time to Respond to #424 Plaintiffs' Motion to Compel Production of Documents. Defendants must respond to Plaintiffs' Motion to Compel (Doc. #424) no later than 10/16/2019. Signed by Magistrate Judge Mac R. McCoy on 10/9/2019. (McCoy, Mac) |
Filing 493 Unopposed MOTION to extend time to File Response by Albertelli Construction Inc.. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 492 TEXT ORDER denying without prejudice #448 Plaintiffs' Unopposed Motion for Leave to File Exhibits A, C, D, and E to Plaintiffs' Response to Defendant Brook Kozlowski's Motion to Modify Subpoena to Morgan Stanley, and in the Alternative, Motion for Protective Order Under Seal in light of Plaintiffs' corrected Motion subsequently filed on 1/24/17. (Doc. #450). Signed by Magistrate Judge Mac R. McCoy on 10/3/2019. (JTB) |
Filing 491 ENDORSED ORDER granting #489 Stipulation for Extension of Deadline to Respond to Plaintiffs' Motion to Compel Production of Documents from Certain Defendants, which the Court construes as a Joint Motion for Extension of Time. Defendants must respond to Plaintiffs' Motion to Compel Production of Documents from Certain Defendants (Doc. #424) no later than 10/9/2019. Signed by Magistrate Judge Mac R. McCoy on 10/2/2019. (JTB) |
Filing 490 ORDER granting #481 Unopposed Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act, which the Court construes as a motion for attorney Christopher T. Grohman to appear specially for Plaintiffs. The Clerk is directed to add Christopher T. Grohman to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Christopher T. Grohman must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Christopher T. Grohman must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 10/1/2019. (JTB) |
Filing 489 STIPULATION re #424 MOTION to Compel Production of Documents from Certain Defendants for Extension of Deadline to Respond to Plaintiffs' Motion to Compel Production of Documents from Certain Defendants by David Albertelli, Albertelli Construction Inc., KMM Construction, LLC, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, LLC. (Gollin, Lynn) Modified on 10/2/2019 as to filing event (drn). |
Filing 488 ENDORSED ORDER granting #483 Unopposed Motion to Extend the Date for Filing Responses to Dispositive Motions. The parties must file their responses to all dispositive motions no later than 10/14/2019. Signed by Magistrate Judge Mac R. McCoy on 10/1/2019. (JTB) |
Filing 487 MOTION to Compel Production of Documents from Non-Party Halling & Cayo, S.C. by Gregory Hilz. (Attachments: #1 Exhibit A)(Adams, Alberta) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 486 RESPONSE in Opposition re #424 MOTION to Compel Production of Documents from Certain Defendants filed by George Albertelli, Amy Butler. (Post, James) |
***PRO HAC VICE FEES paid by attorney Christopher T. Grohman, appearing on behalf of Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Filing fee $150 receipt number FTM014100.) Related document: #481 Unopposed MOTION for Christopher T. Grohman to appear pro hac vice. (SPB) |
Filing 485 RESPONSE to #425 MOTION to Compel Production of Documents , re 484 Order filed by Brook Kozlowski. (Partlow, Jeffrey) |
Filing 484 TEXT ORDER requiring Defendant, Brook Kozlowski to File a Response to Plaintiffs' Motion to Compel Production of Documents. Defendant must file his response no later than 10/3/2019. Signed by Magistrate Judge Mac R. McCoy on 9/26/2019. (JTB) |
Filing 483 Unopposed MOTION for Extension of Time to File Response/Reply as to #465 Joinder in motion, #464 Joinder in motion, #455 Notice (Other), #460 MOTION for summary judgment , #454 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Expert, Jason Linder , #456 MOTION for summary judgment , #457 Notice (Other), #469 MOTION for Joinder , #463 Notice (Other), #462 MOTION for summary judgment , #470 MOTION for pleadings judgment MOTION for judgment on the pleadings , #467 MOTION for summary judgment PLAINTIFFS' RENEWED MOTION FOR SUMMARY JUDGMENT ON COUNT IV - CIVIL THEFT (FLA. STAT. 772.11) - AGAINST DEFENDANTS, ALBERTELLI CONSTRUCTION, INC. AND DAVID ALBERTELLI, #451 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Experts Richard Sieracki and Kimberly Reome of the Kenrich Group, LLC , #471 Notice (Other), #466 Joinder in motion, #461 Notice (Other) by All Plaintiffs. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 482 STIPULATION Consent Order Granting Substitution of Attorney by Kerry Heltzel. (Boyd, W.) Modified on 11/5/2019 as to filing event (drn). |
Filing 481 Unopposed MOTION for Christopher T. Grohman to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit A)(Shuman, Michael) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 480 ENDORSED ORDER granting #477 Unopposed Motion of Defendants George Albertelli and Amy Butler for Extension of Time to Respond to Plaintiffs' Motion to Compel Production of Documents from Certain Defendants. Defendants must file their response no later than 9/29/2019. Signed by Magistrate Judge Mac R. McCoy on 9/24/2019. (JTB). |
Filing 479 Emergency MOTION for leave to file under seal by Kevin Burke, Kerry Heltzel, Brook Kozlowski. (Hermosa, Steven) |
Filing 478 RESPONSE re #439 MOTION for miscellaneous relief, specifically filed by James Albertelli. (Attachments: #1 Exhibit)(Post, James) |
Filing 477 Unopposed MOTION for Extension of Time to File Response/Reply as to #424 MOTION to Compel Production of Documents from Certain Defendants by George Albertelli, Amy Butler. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 476 TEXT ORDER denying as moot and without prejudice #426 Plaintiffs' Motion to Compel Production of Documents from Third-Party Teltech Systems, Inc. based upon the representations set forth in Plaintiffs' Notice of Withdrawal of Their Motion to Compel Production of Documents from Teltech Systems, Inc. (Doc. #474). Signed by Magistrate Judge Mac R. McCoy on 9/20/2019. (JTB). |
Filing 475 Unopposed MOTION for leave to file under seal Exhibit D to Plaintiffs' Renewed Motion for Summary Judgment Against Defendants David Albertelli and Albertelli Construction, Inc. by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (St. Aubin, Keith) |
Filing 474 NOTICE of withdrawal of motion by Continental 245 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC re #426 MOTION to Compel Production of Documents from Third-Party Teltech Systems, Inc. filed by Continental 342 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, Continental 298 Fund LLC, Continental 245 Fund LLC, Continental 355 Fund LLC, Continental 306 Fund LLC, Continental 332 Fund, LLC (St. Aubin, Keith) |
Filing 473 MOTION for miscellaneous relief, specifically for Oral Argument on Motions for Summary Judgment by Gregory Hilz. (Adams, Alberta) |
Filing 472 ENDORSED ORDER granting #423 Joint Motion to Modify or Clarify Order Extending Discovery. The discovery deadline is extended to 9/30/2019, for all fact and expert discovery. The parties must complete all fact and expert discovery by 9/30/2019. Signed by Magistrate Judge Mac R. McCoy on 9/17/2019. (JTB). |
Filing 471 SUMMARY JUDGMENT NOTICE re #460 MOTION for summary judgment , #462 MOTION for summary judgment , #467 MOTION for summary judgment PLAINTIFFS' RENEWED MOTION FOR SUMMARY JUDGMENT ON COUNT IV - CIVIL THEFT (FLA. STAT. 772.11) - AGAINST DEFENDANTS, ALBERTELLI CONSTRUCTION, INC. AND DAVID ALBERTELLI, 468 MOTION for summary judgment (drn) |
Filing 470 MOTION for partial judgment on the pleadings by Kevin Burke, Brook Kozlowski and Kerry Heltzel. (Hermosa, Steven) Modified on 9/17/2019 as to filers and docket text (drn). |
Filing 469 MOTION for Joinder re #451, #454 by Kevin Burke, Brook Kozlowski and Kerry Heltzel. (Hermosa, Steven) Modified on 9/17/2019 as to filers and docket text (drn) |
Filing 467 MOTION for summary judgment PLAINTIFFS' RENEWED MOTION FOR SUMMARY JUDGMENT ON COUNT IV - CIVIL THEFT (FLA. STAT. 772.11) - AGAINST DEFENDANTS, ALBERTELLI CONSTRUCTION, INC. AND DAVID ALBERTELLI by Continental 326 Fund LLC, Continental 332 Fund, LLC. (Attachments: #1 Exhibit Index, #2 Exhibit A-C, #3 Exhibit E)(St. Aubin, Keith) |
Filing 466 JOINDER in motion by George Albertelli, Amy Butler re #460 MOTION for summary judgment filed by Albertelli Construction Inc., #456 MOTION for summary judgment filed by Gregory Hilz . (Post, James) |
Filing 465 JOINDER in motion by George Albertelli, Amy Butler re #454 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Expert, Jason Linder filed by Gregory Hilz, #451 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Experts Richard Sieracki and Kimberly Reome of the Kenrich Group, LLC filed by Gregory Hilz . (Post, James) |
Filing 464 JOINDER in motion by Gregory Hilz re #460 MOTION for summary judgment filed by Albertelli Construction Inc. . (Adams, Alberta) |
Filing 463 NOTICE by Albertelli Construction Inc. re #462 MOTION for summary judgment (Webb, John) |
Filing 462 MOTION for partial summary judgment by Albertelli Construction Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Webb, John) Modified on 9/17/2019 as to docket text (drn). |
Filing 461 NOTICE by Albertelli Construction Inc. re #460 MOTION for summary judgment Index to Exhibits (Webb, John) |
Filing 460 MOTION for summary judgment by Albertelli Construction Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Webb, John) |
Filing 459 ENDORSED ORDER granting #440 Defendant, Brook Kozlowski's Unopposed Motion for Leave to File a Response to Plaintiffs' Motion to Compel Production of Documents. Defendant must file his response no later than 9/19/2019. Signed by Magistrate Judge Mac R. McCoy on 9/16/2019. (JTB). |
Filing 458 Unopposed MOTION for leave to file under seal #456 Motion of Defendant Gregory Hilz for summary judgment by Gregory Hilz. (Adams, Alberta) |
Filing 457 SUMMARY JUDGMENT NOTICE re #456 MOTION for summary judgment filed by Gregory Hilz. (MLJ) |
Filing 456 MOTION for summary judgment by Gregory Hilz. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32 Segment 001, #34 Exhibit 32 Segment 002, #35 Exhibit 32 Segment 003, #36 Exhibit 32 Segment 004, #37 Exhibit 32 Segment 005, #38 Exhibit 33, #39 Exhibit 34)(Adams, Alberta) |
Filing 455 NOTICE of Joinder re Motions #454, #451 by David Albertelli, Albertelli Construction Inc., Westcore Construction, LLC (Del.), MFDC, LLC, Team CCR, LLC, John Salat, US Construction Trust, Foundation Management, LLC, KMM Construction, LLC, National Framing, LLC, and Westcore Construction, LLC (Nev.) (Webb, John) |
Filing 454 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Expert, Jason Linder by Gregory Hilz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D1, #5 Exhibit D2, #6 Exhibit E)(Adams, Alberta) |
Filing 453 ENDORSED ORDER granting #446 Joint Motion for Second Extension of Time for Teltech Systems, Inc. to File Response to Plaintiffs' Motion to Compel Production of Documents. Defendants must file their response no later than 9/20/2019. Signed by Magistrate Judge Mac R. McCoy on 9/16/2019. (JTB). |
Filing 452 Unopposed MOTION for leave to file Under Seal by Gregory Hilz. (Adams, Alberta) |
Filing 451 MOTION for miscellaneous relief, specifically Motion to Exclude Report and Testimony of Plaintiffs' Proffered Experts Richard Sieracki and Kimberly Reome of the Kenrich Group, LLC by Gregory Hilz. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C Part One, #4 Exhibit Exhibit C Part Two, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I)(Adams, Alberta) |
Filing 450 Unopposed MOTION for leave to file exhibits A,C,D, and E to Plaintiffs' response to Defendant Brook Kozlowski's motion to modify subpoena to Morgan Stanley for leave to file under seal by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (St. Aubin, Keith) **NOTE: Filed to correct document #448. Modified on 9/16/2019 (MLJ). |
Filing 449 Unopposed MOTION for leave to file under seal by Albertelli Construction Inc.. (Webb, John) |
Filing 448 Unopposed MOTION for Leave to file under seal exhibits A,C,D, and E to Plaintiffs' response to Defendant Brook Kozlowski's motion to modify subpoena to Morgan Stanley by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (St. Aubin, Keith) **Note: Incomplete document filed. Counsel contacted and instructed to refile. Modified on 9/16/2019 (MLJ). NOTE: see Doc #450 for corrected filing. |
Filing 447 ENDORSED ORDER granting #438 Joint Motion for Extension of Time for Teltech Systems, Inc. to File Response to Plaintiffs' Motion to Compel Production of Documents. Defendants must file their response no later than 9/13/2019. Signed by Magistrate Judge Mac R. McCoy on 9/13/2019.(JTB). |
Filing 446 Joint MOTION for Second Extension of Time to file Response to #426 Plaintiffs' motion to compel production of documents by Continental 245 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (St. Aubin, Keith) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 445 ENDORSED ORDER granting #437 Agreed Motion to Extend the Deadline to Respond to the Plaintiffs' Motion to Compel Production of Documents from Certain Defendants [DE 424]. Defendants must file their response no later than 9/29/2019. Signed by Magistrate Judge Mac R. McCoy on 9/13/2019. (JTB). |
Filing 444 ENDORSED ORDER granting #436 Unopposed Motion of Defendants George Albertelli and Amy Butler for Extension of Time to Respond to Plaintiffs' Motion to Compel Production of Documents from Certain Defendants. Defendants must file their response no later than 9/23/2019. Signed by Magistrate Judge Mac R. McCoy on 9/13/2019.(JTB). |
Filing 443 RESPONSE in Opposition re #428 MOTION for protective order to Plaintiffs' Subpoena to Produce Documents Directed to Morgan Stanley Smith Barney, LLC Plaintiffs' Response to Defendant Brook Kozlowski's Motion to Modify Subpoena to Morgan Stanley or for Protective Order filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit B, #2 Exhibit F)(Hamera, Jeffrey) |
Filing 442 RESPONSE in Opposition re #425 MOTION to Compel Production of Documents from Defendant Brook Kozlowski Amended Response filed by Brook Kozlowski. (Attachments: #1 Exhibit Exhibit A)(Beebe, Brooke) |
Filing 441 RESPONSE in Opposition re #425 MOTION to Compel Production of Documents from Defendant Brook Kozlowski filed by Brook Kozlowski. (Attachments: #1 Exhibit Exhibit A)(Beebe, Brooke) |
Filing 440 MOTION for leave to file by Brook Kozlowski. (Hermosa, Steven) |
Filing 439 OBJECTION re #413 Order on motion to compel Plaintiffs' Objection to James Albertelli and ALAW's Invoice for Fees. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hamera, Jeffrey) Modified on 9/9/2019 as to filing event per LC/cd. (drn). |
Filing 438 Joint MOTION for Extension of Time to File Response/Reply as to #426 MOTION to Compel Production of Documents from Third-Party Teltech Systems, Inc. JOINT MOTION FOR EXTENSION OF TIME FOR TELTECH SYSTEMS INC. TO FILE RESPONSE TO PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (St. Aubin, Keith) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 437 Unopposed MOTION to extend time to Extend the Deadline to Respond to the Plaintiffs' Motion to Compel Production of Documents from Certain Defendants by David Albertelli, Albertelli Construction Inc., Foundation Management, LLC, KMM Construction, LLC, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, LLC. (Gollin, Lynn) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 436 Unopposed MOTION for Extension of Time to File Response/Reply as to #424 MOTION to Compel Production of Documents from Certain Defendants by George Albertelli, Amy Butler. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 435 NOTICE of Appearance by Steven Edward Hermosa on behalf of Kevin Burke, Kerry Heltzel, Brook Kozlowski (Hermosa, Steven) |
Filing 432 NOTICE to counsel Benjamin A. Johnston of Local Rule 2.02, Special Admission to Practice - Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) |
Sealed Document (s-433). (drn) |
Sealed Document (s-434). (drn) |
Filing 431 ENDORSED ORDER granting #429 Defendants' Joint Motion for Extension of Time to File Dispositive Motions. The deadline for filing dispositive motions, including Daubert motions and Markman motions, is hereby extended to 9/16/2019. All other provisions of the Court's prior scheduling orders remain in effect unless modified by further court order. Signed by Magistrate Judge Mac R. McCoy on 8/30/2019. (McCoy, Mac) |
Filing 430 ENDORSED ORDER granting #427 Plaintiffs' Unopposed Motion for Leave to File Exhibit A [sic] to Plaintiffs' Motion to Compel Production of Documents from Defendant George Albertelli Under Seal. Within five (5) business days of this Order, Plaintiffs must send or deliver the relevant exhibits to the Clerk's Office in an envelope bearing the caption of the case and indicating (1) that the documents are to be filed under seal pursuant to this Order and (2) the specific pending motions to which the exhibits relate. Plaintiffs must also provide a copy of this Order with the exhibits. Upon receipt of the exhibits by the Clerk of Court, the Clerk of Court is directed to file the documents under seal and to add notations to the docket entries that link the exhibits to the related motions. If available, counsel shall provide a disc containing clearly labeled electronic copies of the exhibits for ease of electronic filing by the Clerk's Office. These exhibits shall remain under seal for the duration of this action and any appeal thereto, or until further court order requiring the documents to be unsealed. Signed by Magistrate Judge Mac R. McCoy on 8/30/2019. (McCoy, Mac) |
Filing 429 MOTION for Extension of Time to File Dispositive Motions by Albertelli Construction Inc.. (Webb, John) |
Filing 428 MOTION for protective order to Plaintiffs' Subpoena to Produce Documents Directed to Morgan Stanley Smith Barney, LLC by Brook Kozlowski. (Attachments: #1 Exhibit Amended Subpoena)(Beebe, Brooke) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 427 MOTION for leave to file under seal Exhibits to Motions to Compel filed on August 23, 2019 (Dkt. Nos. 424 and 426) by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 426 MOTION to Compel Production of Documents from Third-Party Teltech Systems, Inc. by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A-C)(Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 425 MOTION to Compel Production of Documents from Defendant Brook Kozlowski by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A)(Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 424 MOTION to Compel Production of Documents from Certain Defendants by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A-M)(Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 423 Joint MOTION to modify or Clarify Order Extending Discovery by Gregory Hilz. (Adams, Alberta) |
Filing 422 ORDER granting #421 Unopposed Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act. The Clerk is directed to add Benjamin A. Johnston to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Benjamin A. Johnston must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Benjamin A. Johnston must complete and submit the E-Filer Registration Form for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 8/14/2019. (McCoy, Mac) |
Filing 421 Unopposed MOTION for Benjamin A. Johnston to appear pro hac vice by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 298 Fund LLC(Savage Fund ), Continental 306 Fund LLC(New Braunfels Fund ), Continental 306 Fund LLC, Continental 326 Fund LLC(Rochester Fund ), Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 332 Fund, LLC(Six Mile Fund ), Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit A)(Shuman, Michael) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 420 TEXT ORDER denying without prejudice as moot #388 Plaintiffs' Motion to Compel Production of Documents from Defendant George Albertelli. According to Defendant's response in opposition, documents will be produced no later than 8/30/2019. (See Doc. #419 at 5). Based upon this representation -- to which the Court will hold Defendant accountable -- the Court finds that Plaintiffs' Motion is moot to the extent it asks the Court to order documents responsive to Request No. 56 to be produced. Defendant must produce non-privileged documents responsive to Request No. 56 and an adequate privilege log identifying documents withheld from production on privilege or work-product grounds no later than 8/30/2019. This Order is without prejudice to Plaintiffs' ability to promptly renew their motion to compel, including the request for fees and costs, after reviewing Defendant's document production and privilege log. Signed by Magistrate Judge Mac R. McCoy on 8/7/2019. (McCoy, Mac) |
***PRO HAC VICE FEES paid by attorney Benjamin A. Johnston, appearing on behalf of Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 355 Fund LLC, KMM Construction of Florida, LLC (Filing fee $150 receipt number FTM013951.). (SPB) |
Filing 419 RESPONSE in Opposition re #388 MOTION to Compel Production of Documents directed to George Albertelli filed by George Albertelli. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Post, James) |
Filing 418 NOTICE to counsel Ari C. Shapiro of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk. Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account at www.flmd.uscourts.gov (Signed by Deputy Clerk). (SPB) |
Filing 417 NOTICE to counsel Ari Shapiro of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (drn) |
Filing 416 ORDER granting #415 Keith M. St. Aubin's Unopposed Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act. The Clerk is directed to add Keith M. St. Aubin to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Keith M. St. Aubin must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Keith M. St. Aubin must complete and submit the E-Filer Registration Form for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 8/1/2019. (McCoy, Mac) |
Filing 415 Unopposed MOTION for Keith M. St. Aubin to appear pro hac vice by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 298 Fund LLC(Savage Fund ), Continental 306 Fund LLC(New Braunfels Fund ), Continental 306 Fund LLC, Continental 326 Fund LLC(Rochester Fund ), Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 332 Fund, LLC(Six Mile Fund ), Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC, Continental Development Company, Inc., Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.), Continental Properties Group, Inc., Continental Properties Group, Inc.(Continental ). (Attachments: #1 Exhibit A)(Shuman, Michael) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 414 AMENDED Notice of Appearance and Request for Service of Papers re #412 by Foundation Management, LLC, KMM Construction, LLC, Westcore Construction, LLC. . (Gollin, Lynn) |
***PRO HAC VICE FEES paid by attorney Keith M. St. Aubin, appearing on behalf of Continental 332 Fund, LLC (Filing fee $150 receipt number FtM013925.). (SPB) |
Filing 413 ORDER granting in part and denying in part #389 Plaintiffs' Motion to Compel Production of Documents Pursuant to Third-Party Subpoenas Directed to James Albertelli and Albertelli Law. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 7/28/2019. (McCoy, Mac) |
Filing 412 NOTICE of Appearance by Lynn Maynard Gollin on behalf of Foundation Management, LLC, KMM Construction, LLC, Westcore Construction, LLC, Westcore Construction, LLC (Gollin, Lynn) |
Filing 411 ENDORSED ORDER granting #410 Unopposed Motion of Defendant George Albertelli for Extension of Time to Respond to #388 Plaintiffs' Motion to Compel Production of Documents from Defendant George Albertelli. Defendant must respond no later than 8/5/2019. Defendant is warned that the Court is not inclined to grant any further extensions. Signed by Magistrate Judge Mac R. McCoy on 7/23/2019. (McCoy, Mac) |
Filing 410 Unopposed MOTION for Extension of Time to File Response/Reply as to #388 MOTION to Compel Production of Documents directed to George Albertelli by George Albertelli. (Dix, R.) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 409 ORDER granting in part and denying without prejudice in part #387 Plaintiffs' Motion to Compel Production of Documents Pursuant to Third-Party Subpoenas Directed to Gunn & Company and GunnChamberlain. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 7/13/2019. (McCoy, Mac) |
Filing 408 RESPONSE to Motion re #389 MOTION to Compel Production of Documents directed to James Albertelli and ALAW filed by James Albertelli. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Post, James) |
Filing 407 ENDORSED ORDER granting #406 Unopposed Motion of Defendant George Albertelli for Extension of Time to Respond to #388 Plaintiffs' Motion to Compel Production of Documents from Defendant George Albertelli. Defendant must file a response no later than 7/22/2019. Signed by Magistrate Judge Mac R. McCoy on 7/12/2019. (McCoy, Mac) |
Filing 406 Unopposed MOTION to extend time to July 22, 2019 to Respond to Plaintiffs' Motion to Compel Production of Documents by George Albertelli. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 405 TEXT ORDER granting #404 Joint Motion to Allow Depositions After the Discovery Deadline. The discovery deadline is extended to September 30, 2019 for the sole purpose of allowing the parties to conduct depositions. All other deadlines previously set in this case shall remain in effect. Signed by Magistrate Judge Mac R. McCoy on 7/3/2019. (brh) |
Filing 404 Joint MOTION for Extension of Time to Complete Discovery to Allow Depositions After the Discovery Deadline by All Plaintiffs. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 403 NOTICE of Appearance by Jeffrey Michael Partlow on behalf of Kevin Burke, Kerry Heltzel, Brook Kozlowski (Partlow, Jeffrey) |
Filing 402 ENDORSED ORDER granting #400 Unopposed Motion of James Albertelli and Albertelli Law for an Extension of Time to Respond to Plaintiffs' Motion to Compel Production. James Albertelli and Albertelli Law shall up to and including July 12, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 6/26/2019. (brh) |
Filing 401 ENDORSED ORDER granting #399 Unopposed Motion of Defendant George Albertelli for Extension of Time to Respond to Plaintiffs' Motion to Compel. Defendant shall have up to and including July 12, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 6/26/2019. (brh) |
Filing 400 Unopposed MOTION for Extension of Time to File Response/Reply as to #389 MOTION to Compel Production of Documents directed to James Albertelli and ALAW by James Albertelli, Albertelli Law. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 399 Unopposed MOTION for Extension of Time to File Response/Reply as to #388 MOTION to Compel Production of Documents directed to George Albertelli by George Albertelli. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 397 FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 12/20/2019 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 1/6/2020 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 6/25/2019. (jmc) |
Sealed Document (S-383) (RMT) |
Filing 396 ORDER denying as moot #350 Joint Motion for Continuance and to Modify Scheduling Order; and granting in part and denying in part #364 Amended Joint Motion for Continuance and to Modify Scheduling Order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/24/2019. (brh) |
Filing 395 ENDORSED ORDER granting #394 Motion for Withdrawal of Thomas C. Rickeman as Counsel of Record for Defendant Gregory Hilz. Attorney Rickeman shall have no further responsibility in this case. The Clerk of Court is directed to remove Mr. Rickeman from receiving electronic notification. Signed by Magistrate Judge Mac R. McCoy on 6/21/2019. (brh) |
Filing 394 MOTION to Withdraw , MOTION for Thomas C. Rickeman to withdraw as attorney by Gregory Hilz. (Hewitt, Miesha) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 393 ORDER granting #392 Unopposed Motion for Leave to File Exhibit A to Plaintiffs' Motion to Compel Production of Documents from Defendant George Albertelli Under Seal. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/21/2019. (brh) |
Filing 392 Unopposed MOTION for miscellaneous relief, specifically Motion for Leave to File Exhibit A to Plaintiffs' Motion to Compel Production of Documents from Defendant George Albertelli Under Seal by All Plaintiffs. (Hamera, Jeffrey) |
Filing 391 ENDORSED ORDER granting #386 Former Defendant Angelo Eguizabal's Notice Requesting Court to Withdraw His Atorreny [sic] from CM/ECF Filing Notces [sic], which the Court construes as a motion requesting that Defendant's counsel be removed from the CM/ECF service list. The Clerk of Court is directed to remove attorneys Lauren Vickroy Purdy and Asghar A. Syed from the CM/ECF service list in this case. Signed by Magistrate Judge Mac R. McCoy on 6/18/2019. (McCoy, Mac) |
Filing 390 ENDORSED ORDER granting #385 Consent Order Granting Substitution of Counsel, which the Court construes to be a motion for attorney Reese J. Henderson, Jr. to withdraw as counsel for Defendants Albertelli Construction, Inc. and David Albertelli. Attorney Reese J. Henderson, Jr. has no further responsibility in this action. The Clerk of Court is directed to remove attorney Reese J. Henderson, Jr. from the CM/ECF electronic service list for this case. Signed by Magistrate Judge Mac R. McCoy on 6/18/2019. (McCoy, Mac) |
Filing 389 MOTION to Compel Production of Documents directed to James Albertelli and ALAW by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit Exhibits A-D)(Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 388 MOTION to Compel Production of Documents directed to George Albertelli by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. Exhibit A filed under seal at DOC398 Modified on 6/25/2019 (RMT). |
Filing 387 MOTION to Compel PRODUCTION OF DOCUMENTS Directed to GUNNCHAMBERLAIN by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit Exhibits A-C)(Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 386 NOTICE by Angelo Equizabal Requesting Court to Withdraw Its Attorney from CM/ECF Filing Notices (Giboney, Pierce) Modified on 6/18/2019 (RMT). |
Filing 385 STIPULATION for Substitution of Counsel by Albertelli Construction Inc.. (Webb, John) Modified on 6/18/2019 (RMT). |
Filing 384 ORDER denying Plaintiffs Continental 332 Fund LLC and Continental 326 Fund LLC's Motion for Summary Judgment on Count IV Against Defendants ACI, George Albertelli, and David Albertelli (Doc. #321) and denying Defendant George Albertelli's Cross-Motion for Summary Judgment on Count IV (Doc. #362). Signed by Judge Sheri Polster Chappell on 6/12/2019. (CMC) |
Filing 383 NOTICE of Appearance by Robert Craig Graham on behalf of Gregory Hilz (Graham, Robert) |
Sealed Document [s-382]. (drn) |
Filing 381 Verified COUNTERCLAIM CPCI's Answer to ACI's Fifth Amended Complaint and Verified Counterclaim Against ACI and Jury Trial Demand against Albertelli Construction Inc. filed by Continental Properties Group, Inc.. (Attachments: #1 Exhibit Exhibits 1-3)(Hamera, Jeffrey) |
Filing 380 Counter-Defendants and Third-Party Defendant's REPLY to #370 Counterclaim ACI's Fifth Amended Counterclaim and Third-Party Complaint by Continental 298 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental Properties Group, Inc..(Hamera, Jeffrey) |
Filing 379 ORDER granting #378 Plaintiffs' Unopposed Motion for Leave to File Exhibits to Response to Cross-Motion for Summary Judgment Under Seal. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/31/2019. (McCoy, Mac) |
Filing 378 Unopposed MOTION for leave to file under seal Exhibits to Response to Cross-Motion for Summary Judgment by Continental 326 Fund LLC, Continental 332 Fund, LLC. (Hamera, Jeffrey) |
Filing 377 RESPONSE in Opposition re #364 Amended MOTION to Continue and to Modify Scheduling Order filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit Exhibits A-F)(Hamera, Jeffrey) |
Filing 376 TEXT ORDER denying without prejudice #374 Plaintiffs' Unopposed Motion for Leave to File Exhibits to Response to Cross-Motion for Summary Judgment Under Seal for failure to comply with M.D. Fla. R. 1.05(d). Counsel failed to sign the Motion properly before filing it. Plaintiffs may re-file the motion with any required signature(s). Signed by Magistrate Judge Mac R. McCoy on 5/30/2019. (McCoy, Mac) |
Sealed Document (s-375). (MLS) |
Filing 374 MOTION for leave to file under seal Exhibits to Response to Cross-Motion for Summary Judgment by Continental 326 Fund LLC. (Hamera, Jeffrey) |
Filing 373 RESPONSE in Opposition re #362 MOTION for summary judgment Plaintiffs' Response to Cross-Motion for Summary Judgment filed by Continental 332 Fund, LLC. (Attachments: #1 Exhibit Exhibit Index and Exs. A-D)(Hamera, Jeffrey) |
Filing 372 ENDORSED ORDER granting #371 Unopposed Motion for Extension of Time to File Response to Defendant George Albertelli's Cross-Motion for Summary Judgment on Count IV. Plaintiffs Continental 332 Fund LLC and Continental 326 Fund LLC shall have up to and including May 29, 2019 in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 5/28/2019. (brh) |
Filing 371 MOTION for Extension of Time to File Response/Reply as to #362 MOTION for summary judgment Plaintiffs' Unopposed Motion for Extension of Time to File Response to Defendant George Albertelli's Cross-Motion for Summary Judgment on Count IV by Continental 326 Fund LLC. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 370 FIFTH AMENDED COUNTERCLAIM and Third-Party Complaint against Continental 298 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.) filed by Albertelli Construction Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Henderson, Reese) Modified on 5/21/2019 to edit docket text (drn). |
***PRO HAC VICE FEES paid by attorney James Miller, appearing on behalf of (Filing fee $150 receipt number FTM013733.) Related document: #347 Unopposed MOTION for James P. Miller to appear pro hac vice. (SPB) |
Filing 368 Fifth COUNTERCLAIM and Third-Party Complaint against Continental 298 Fund LLC(Savage Fund ), Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.), Angelo Eguizabal filed by Albertelli Construction Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Henderson, Reese) |
Filing 366 ENDORSED ORDER denying as moot Third-Party Defendant Continental Properties Company, Inc.'s Unopposed Motion for Clarification of the Court's May 7, 2019 Order. (Doc. #352). The Court addressed the issues raised in the Motion by entering an Amended Opinion and Order (Doc. #358). Signed by Judge Sheri Polster Chappell on 5/17/2019. (NMC) |
Filing 365 ORDER granting #361 Unopposed Motion for Leave to File Under Seal. Plaintiffs are permitted to file their Response to the Joint Motion for Determination of Questions of Law Impacting Discovery under seal. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/16/2019. (brh) |
Filing 364 Amended MOTION to Continue and to Modify Scheduling Order by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, Kerry Heltzel, Gregory Hilz, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Henderson, Reese) |
Filing 363 SUMMARY JUDGMENT NOTICE re #362 CROSS-MOTION for summary judgment (drn) |
Filing 362 CROSS-MOTION for summary judgment on Count IV by George Albertelli. (drn) |
Filing 361 Unopposed MOTION for leave to file DOCUMENTS UNDER SEAL by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 298 Fund LLC(Savage Fund ), Continental 306 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 332 Fund, LLC(Six Mile Fund ), Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 360 ORDER granting #353 Defendants' Unopposed Joint Motion to File Under Seal. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/14/2019. (brh) |
Filing 359 ENDORSED ORDER granting #355 George Albertelli's Motion for Extension of Time and Leave to File Cross-Motion for Summary Judgment on Count IV. The Clerk of Court is directed to file the Cross-Motion for Summary Judgment on Count IV as a separate document. Signed by Magistrate Judge Mac R. McCoy on 5/14/2019. (brh) |
Filing 358 AMENDED ORDER, amends #344 ORDER, that Third Party Defendant Angelo Eguizabal's Motion to Dismiss (Doc. 298), Third Party Defendant Continental Properties Company, Inc.'s Motion to Dismiss (Doc. 303), and Counter-Defendants' Motion to Dismiss (Doc. 302) are GRANTED in part and DENIED in part. Counts 5 and 6 are DISMISSED as to Continental 332 Fund LLC (Six Mile Fund) but not as to Continental Properties Company, Inc. Count 9 is DISMISSED as to Continental 298 Fund LLC (Savage Fund) but not as to Continental Properties Company, Inc. Count 13 is DISMISSED as to Continental 326 Fund LLC (Rochester Fund) but not as to Continental Properties Company, Inc. Counts 7, 10, 11, 15, 16, 17, 18, and 19 are DISMISSED. Albertelli Construction, Inc. is ORDERED to file a Fifth Amended Counterclaim and Third-Party Complaint asserting only the surviving counts on or before May 20, 2019, and Third-Party Defendants and Counter Defendants shall file answers within fourteen (14) days thereafter. Signed by Judge Sheri Polster Chappell on 5/14/2019. (DH) |
Filing 357 TEXT ORDER regarding #345 Response to Defendants' Joint Motion for Determination of Questions of Law Impacting Discovery. Plaintiffs filed a redacted version of the Response, but failed to seek leave to file an unredacted version under seal. Thus, within 7 days, Plaintiffs shall seek leave to file an unredacted version of #345 Response under seal. Signed by Magistrate Judge Mac R. McCoy on 5/14/2019. (brh) |
Filing 356 TEXT ORDER granting #346 Consent Order Granting Substitution of Attorneys. Attorney John Webb is permitted to withdraw as counsel for Defendants Kevin Burke, Kerry Heltzel, and Brook Kozlowski. Attorney Brooke E. Beebe is substituted as counsel for these defendants. Signed by Magistrate Judge Mac R. McCoy on 5/13/2019. (brh) |
Filing 355 MOTION for Extension of Time to File George Albertelli's Cross-Motion for Summary Judgment on Count IV and, MOTION for leave to file George Albertelli's Cross-Motion for Summary Judgment on Count IV by George Albertelli. (Attachments: #1 George Albertelli's Cross-Motion for Summary Judgment on Count IV)(Post, James) |
Filing 354 AMENDED RESPONSE in Opposition re #321 MOTION for summary judgment on Count IV - Civil Theft (FLA. STAT. 772.11) - Against Defendants, ACI, George Albertelli and David Albertelli filed by George Albertelli. (Attachments: #1 Exhibit A, #2 Exhibit B)(Post, James) Modified on 5/14/2019 to edit docket text (drn). |
Filing 353 Joint MOTION for leave to file under seal by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Foundation Management, LLC, Kerry Heltzel, Gregory Hilz, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, LLC. (Henderson, Reese) |
Filing 352 MOTION for clarification re #344 Order on Motion to Dismiss for Failure to State a ClaimOrder on motion to dismiss Unopposed Third-Party Defendant's Motion for Clarification of the Court's 5/7/19 Order by Continental Properties Group, Inc.. (Hamera, Jeffrey) |
Filing 351 MEMORANDUM in opposition re #321 Motion for summary judgment on Count IV-Civil Theft (Fla. Stat. 772.11) filed by David Albertelli, Albertelli Construction Inc.. (Attachments: #1 Exhibit A)(Henderson, Reese) |
Filing 350 Joint MOTION to Continue and to Modify Scheduling Order by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, Kerry Heltzel, Gregory Hilz, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Henderson, Reese) |
Filing 349 ENDORSED ORDER striking Defendants Albertelli Construction, Inc. and David Albertelli's Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment (Doc. #340) and Defendant George Albertelli's Opposition to Plaintiffs' Motion for Summary Judgment (Doc. #341) because they have not followed the Court's procedures on responses to motions for summary judgment. As stated on the Undersigned's website, each response in opposition to a motion for summary judgment must include a section titled "Response to Statement of Material Facts," admitting and/or denying each of the moving parties' assertions in matching numbered paragraphs and supporting each denial with pinpoint citations to the record. Defendants may file amended responses to Plaintiffs' motion for summary judgment that comply with the undersigned's procedures on or before May 13, 2019. Signed by Judge Sheri Polster Chappell on 5/10/2019. (NMC) |
Filing 348 ORDER granting #347 Unopposed Motion to Proceed Pro Hac Vice. The Clerk of Court is directed to add attorney James Parker Miller as counsel for Gregory Hilz to the service list. See Order for further details. Signed by Magistrate Judge Mac R. McCoy on 5/9/2019. (brh) |
Filing 347 Unopposed MOTION for James P. Miller to appear pro hac vice by Gregory Hilz. (Attachments: #1 Exhibit Ex A - Special Admission Attorney Certification)(Hewitt, Miesha) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 346 STIPULATION Consent Order Granting Substitution of Attorneys by Kevin Burke, Kerry Heltzel, Brook Kozlowski. (Beebe, Brooke) |
Filing 345 RESPONSE to Motion re #334 MOTION for miscellaneous relief, specifically Pursuant to Rule 16 Response to Defendant's Joint Motion for Determination of Questions of Law Impacting Discovery filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit)(Hamera, Jeffrey) |
Filing 344 ORDER granting in part and denying in part #298 Third Party Defendant Angelo Eguizabal's Motion to Dismiss, Third Party Defendant Continental Properties Company, Inc.'s Motion to Dismiss (Doc. #303), and Counter-Defendants' Motion to Dismiss (Doc. #302) to dismiss. Signed by Judge Sheri Polster Chappell on 5/7/2019. (LMF) |
Filing 342 NOTICE of Appearance by Alberta L. Adams on behalf of Gregory Hilz (Adams, Alberta) |
Filing 341 RESPONSE in Opposition re #321 MOTION for summary judgment on Count IV - Civil Theft (FLA. STAT. 772.11) - Against Defendants, ACI, George Albertelli and David Albertelli filed by George Albertelli. (Attachments: #1 Exhibit A - Affidavit of George Albertelli)(Post, James) Modified on 5/10/2019. Stricken per 349 Order (drn). |
Filing 340 MEMORANDUM in opposition re #321 Motion for summary judgment on Count IV-Civil Theft (Fla. Stat. 772.11) filed by David Albertelli, Albertelli Construction Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Henderson, Reese) Modified on 5/10/2019. Stricken per 349 Order. (drn). |
Filing 339 SUPPLEMENT re #321 MOTION for summary judgment on Count IV - Civil Theft (FLA. STAT. 772.11) - Against Defendants, ACI, George Albertelli and David Albertelli EXHIBIT LIST FOR PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT ON COUNT IV - CIVIL THEFT (FLA. STAT. 772.11) - AGAINST DEFFENDANTS ACI, GEORGE ALBERTELLI AND DAVID ALBERTELLI by Continental 326 Fund LLC, Continental 332 Fund, LLC. (Hamera, Jeffrey) |
Filing 338 ENDORSED ORDER granting #337 Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Motion for Summary Judgment on Count IV - Civil Theft. David Albertelli and George Albertelli shall have up to and including May 2, 2019, in which to file their response. Signed by Magistrate Judge Mac R. McCoy on 4/26/2019. (brh) |
Filing 337 Unopposed MOTION for Extension of Time to File Response/Reply as to #321 MOTION for summary judgment on Count IV - Civil Theft (FLA. STAT. 772.11) - Against Defendants, ACI, George Albertelli and David Albertelli by David Albertelli, George Albertelli, Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 336 NOTICE by Gregory Hilz of Special Admission Attorney Certification for James P. Miller (Hewitt, Miesha) |
Filing 335 MEDIATION report Hearing held on April 9 & 10, 2019. Hearing outcome: Impasse.. (Hamera, Jeffrey) |
Filing 334 MOTION for miscellaneous relief, specifically Pursuant to Rule 16 by KMM Construction of Florida, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Webb, John) |
Filing 333 ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. Under the Third Amended Case Management and Scheduling Order, the parties were to attend mediation on or before April 16, 2019. (Doc. #290). But they have not told the Court the outcome of mediation within five (5) days of its conclusion. (Doc. #35 at 13-14). Accordingly, the Court ORDERS the parties to jointly tell it, in writing, about the status of mediation on or before April 25, 2019. Signed by Judge Sheri Polster Chappell on 4/23/2019. (NMC) |
Filing 332 ENDORSED ORDER granting #330 Motion for Enlargement of Time to Respond to Plaintiffs' Motion for Summary Judgment on Count IV - Civil Theft. Albertelli Construction, Inc. and David Albertelli shall have up to and including April 26, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 4/18/2019. (brh) |
Filing 331 ENDORSED ORDER granting #329 Unopposed Motion for Defendant George Albertelli for Extension of Time to Respond to Motion for Summary Judgment. George Albertelli shall have up to and including April 26, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 4/18/2019. (brh) |
Filing 330 Consent MOTION for Extension of Time to File Response/Reply as to #321 MOTION for summary judgment on Count IV - Civil Theft (FLA. STAT. 772.11) - Against Defendants, ACI, George Albertelli and David Albertelli by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 329 Unopposed MOTION for Extension of Time to File Response/Reply as to #321 MOTION for summary judgment on Count IV - Civil Theft (FLA. STAT. 772.11) - Against Defendants, ACI, George Albertelli and David Albertelli by George Albertelli. (Wulbern, Allan) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 328 MEMORANDUM in opposition re #303 Motion to dismiss Fourth Amended Counterclaim and Third Party Complaint filed by Albertelli Construction Inc.. (Henderson, Reese) |
Filing 327 MEMORANDUM in opposition re #298 Motion to dismiss for failure to state a claim filed by Albertelli Construction Inc.. (Henderson, Reese) |
Filing 326 MEMORANDUM in opposition re #302 Motion to dismiss Fourth Amended Counterclaim and Third Party Complaint filed by Albertelli Construction Inc.. (Henderson, Reese) |
Filing 325 ORDER granting #324 Joint Motion [ ] to File Under Seal. Within 5 business days of filing the redacted version in CM/ECF of the Joint Motion for Determination of Questions of Law Impacting Discovery Pursuant to Rule 16 of the Federal Rules of Civil Procedure and the Court's Supervisory Powers, Defendants shall send or deliver the unredacted document to the Clerk's Office in an envelope with the caption of the case and indicating that the document is to be filed under seal pursuant to this Order. Defendants shall provide a copy of this Order with the document. Upon receipt by the Clerk of Court of the document, the Clerk of Court shall file it under seal. This document shall remain under seal for the duration of this action and any appeal thereto, or until an Order is entered unsealing this document. Signed by Magistrate Judge Mac R. McCoy on 4/16/2019. (brh) |
Filing 324 MOTION for leave to file under seal by KMM Construction of Florida, LLC. (Webb, John) |
Filing 323 NOTICE of Appearance by Callie Elizabeth Waers on behalf of Kevin Burke, Kerry Heltzel, Brook Kozlowski (Waers, Callie) |
Filing 322 SUMMARY JUDGMENT NOTICE re #321 MOTION for summary judgment on Count IV - Civil Theft (FLA. STAT. 772.11) - Against Defendants, ACI, George Albertelli and David Albertelli (drn) |
Filing 321 MOTION for summary judgment on Count IV - Civil Theft (FLA. STAT. 772.11) - Against Defendants, ACI, George Albertelli and David Albertelli by Continental 326 Fund LLC, Continental 332 Fund, LLC. (Attachments: #1 Exhibit Exhibits to Plaintiff's Motion for Summary Judgment on Count IV)(Hamera, Jeffrey) |
Filing 320 ORDER denying #268 motion to dismiss. Signed by Judge Sheri Polster Chappell on 4/5/2019. (DH) |
Filing 319 ENDORSED ORDER granting #316 Motion for Extension of Time to File Response to Plaintiffs/Counter-Defendants Motion to Dismiss Fourth Amended Counterclaim and Third Party Complaint. Albertelli Construction, Incorporated shall have up to and including April 17, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 4/3/2019. (brh) |
Filing 318 ENDORSED ORDER granting #315 Motion for Extension of Time to File Response to Continental Property Company, Inc.'s Motion to Dismiss Fourth Amended Counterclaim and Third Party Complaint. Albertelli Construction, Incorporated shall have up to and including April 17, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 4/3/2019. (brh) |
Filing 317 ENDORSED ORDER granting #314 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss Fourth Amended Counterclaim and Third Party Complaint. Albertelli Construction, Incorporated shall have up to and including April 17, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 4/3/2019. (brh) |
Filing 316 MOTION for Extension of Time to File Response/Reply as to #302 MOTION to Dismiss ACI'S FOURTH AMENDED COUNTERCLAIM AND THIRD PARTY COMPLAINT by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 315 MOTION for Extension of Time to File Response/Reply as to #303 MOTION to Dismiss ACI'S FOURTH AMENDED COUNTERCLAIM AND THIRD PARTY COMPLAINT by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 314 Unopposed MOTION for Extension of Time to File Response/Reply as to #298 MOTION to dismiss for failure to state a claim by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 313 ENDORSED ORDER granting #312 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss Fourth Amended Counterclaim and Third Party Complaint. Albertelli Construction, Incorporated, shall file a response no later than April 3, 2019. Signed by Magistrate Judge Mac R. McCoy on 3/27/2019. (ATC) |
Filing 312 Unopposed MOTION for Extension of Time to File Response/Reply as to #298 MOTION to dismiss for failure to state a claim by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 311 ENDORSED ORDER granting #309 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss Fourth Amended Counterclaim and Third Party Complaint. Defendant Albertelli Construction Incorporation shall have up to and including April 3, 2019, in which to file a a response to the Motion. Signed by Magistrate Judge Mac R. McCoy on 3/21/2019. (brh) |
Filing 310 ENDORSED ORDER granting #308 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss Fourth Amended Counterclaim and Third Party Complaint. Defendant Albertelli Construction, Incorporated shall have up to and including April 3, 2019, in which to file a response to the Motion. Signed by Magistrate Judge Mac R. McCoy on 3/21/2019. (brh) |
Filing 309 Unopposed MOTION for Extension of Time to File Response/Reply as to #303 MOTION to Dismiss ACI'S FOURTH AMENDED COUNTERCLAIM AND THIRD PARTY COMPLAINT by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 308 Unopposed MOTION for Extension of Time to File Response/Reply as to #302 MOTION to Dismiss ACI'S FOURTH AMENDED COUNTERCLAIM AND THIRD PARTY COMPLAINT by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Sealed Document [s-307]. (drn) |
Filing 306 ORDER granting #300 Amended Motion to Seal. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 3/18/2019. (brh) |
Filing 305 ENDORSED ORDER granting #304 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss Fourth Amended Counterclaim and Third Party Complaint. Albertelli Construction, Incorporated shall have up to and including March 27, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 3/12/2019. (brh) |
Filing 304 Unopposed MOTION for Extension of Time to File Response/Reply as to #298 MOTION to dismiss for failure to state a claim by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 303 MOTION to Dismiss ACI'S FOURTH AMENDED COUNTERCLAIM AND THIRD PARTY COMPLAINT by Continental Properties Group, Inc.. (Hamera, Jeffrey) |
Filing 302 MOTION to Dismiss ACI'S FOURTH AMENDED COUNTERCLAIM AND THIRD PARTY COMPLAINT by Continental 245 Fund LLC, Continental 298 Fund LLC(Savage Fund ), Continental 298 Fund LLC, Continental 306 Fund LLC(New Braunfels Fund ), Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 301 ENDORSED ORDER denying as moot #299 Motion to Seal, in light of the filing of #300 Amended Motion to Seal. Signed by Magistrate Judge Mac R. McCoy on 3/4/2019. (brh) |
Filing 300 Amended MOTION for leave to file under seal by Angelo Eguizabal. (Syed, Asghar) |
Filing 299 MOTION for leave to file under seal by Angelo Eguizabal. (Syed, Asghar) |
Filing 298 MOTION to dismiss for failure to state a claim by Angelo Eguizabal. (Syed, Asghar) |
Filing 297 ENDORSED ORDER granting #296 Unopposed Motion for Extension of Time to File Response to ACI's Fourth Amended Counterclaim and Third Party Complaint. Continental 332 Fund LLC, Continental 298 Fund LLC, Continental 326 Fund LLC, Continental 306 Fund LLC, and Third-Party Defendant, Continental Properties Company, Inc. shall have up to and including March 8, 2019, in which to file a response to the Fourth Amended Counterclaim and Third Party Complaint. Signed by Magistrate Judge Mac R. McCoy on 2/26/2019. (brh) |
Filing 296 MOTION for Extension of Time to File Answer re #294 Counterclaim PLAINTIFFS/COUNTER-DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO ACI'S FOURTH AMENDED COUNTERCLAIM AND THIRD PARTY COMPLAINT by Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 295 ENDORSED ORDER denying as moot Counter-Defendants' and Third Party Defendant's Motion to Dismiss Counter-Plaintiff, Albertelli Construction Inc.'s Third Amended Counterclaim and Third-Party Complaint (Doc. #273) because Albertelli Construction, Inc. has filed a Fourth Amended Counterclaim and Third-Party Complaint (Doc. #294). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 2/25/2019. (NMC) |
Filing 294 Fourth COUNTERCLAIM and Third-Party Complaint against Continental 298 Fund LLC(Savage Fund ), Continental 306 Fund LLC, Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC(Six Mile Fund ), Continental Properties Group, Inc., Angelo Eguizabal filed by Albertelli Construction Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Henderson, Reese) |
Filing 293 REPLY to #247 Counterclaim and Affirmative Defenses by Continental 332 Fund, LLC(Six Mile Fund ), Continental 332 Fund, LLC, Continental Properties Group, Inc.. Related document: #247 Counterclaim filed by National Framing, LLC.(Hamera, Jeffrey) |
Filing 292 REPLY to #245 Counterclaim and Affirmative Defenses by Continental 332 Fund, LLC(Six Mile Fund ), Continental 332 Fund, LLC, Continental Properties Group, Inc.. Related document: #245 Counterclaim filed by KMM Construction, LLC.(Hamera, Jeffrey) |
Filing 291 REPLY to #246 Counterclaim /And Affirmative Defenses to Westcore Amended Counterclaim by Continental 347 Fund LLC, Continental 355 Fund LLC, Continental Properties Group, Inc..(Hamera, Jeffrey) |
Filing 290 THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/23/2019 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 9/3/2019 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 2/8/2019. (jmc) |
Filing 289 RESPONSE in Opposition re #268 MOTION to Dismiss complaint filed by KMM Construction of Florida, LLC. (Attachments: #1 Exhibit)(Webb, John) |
Filing 288 ENDORSED ORDER granting #285 Joint Motion to Amend Deadlines in the Case Management and Scheduling Order. A Third Amended Case Management and Scheduling Order will be entered separately. Signed by Magistrate Judge Mac R. McCoy on 2/7/2019. (brh) |
Filing 287 ENDORSED ORDER granting #286 Consent Motion for Leave to Amend Third Amended Counterclaim and Third-Party Complaint and for Extension of Time. Albertelli Construction, Inc. shall have up to and including February 13, 2019, in which file a Fourth Amended Counterclaim and Third-Party Complaint. Signed by Magistrate Judge Mac R. McCoy on 2/7/2019. (brh) |
Filing 286 Consent MOTION for leave to file Amend Third Amended Counterclaim and Third-Party Complaint and for Extension of Time by Albertelli Construction Inc.. (Henderson, Reese) |
Filing 285 Joint MOTION to modify Deadlines in the Case Management and Scheduling Order by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 284 ENDORSED ORDER granting #283 Motion for Extension of Time to File Response to Motion to Dismiss. KMM Construction of Florida, LLC shall have up to and including February 8, 21019, in which to file a response to Great American Insurance Company's Motion to Dismiss. Signed by Magistrate Judge Mac R. McCoy on 1/31/2019. (brh) |
Filing 283 Unopposed MOTION to extend time to File Response by KMM Construction of Florida, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 282 ORDER granting in part and denying in part #253 Plaintiff/Counter-Defendants Continental 332 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, and Continental 355 Fund and Third-Party Defendant Continental Properties Company, Inc.'s Motion to Dismiss KMM, Westcore, and National Framing's Amended Counterclaims. Defendant/Counterclaimant Westcore Construction, LLC's claims for unjust enrichment and quantum meruit (Doc. #246, Counts II, III, V, and VI) are DISMISSED with prejudice. Refences to Continental 322 Fund, LLC (Liberty Township Fund) in Defendant/Counterclaimant National Framing, LLC's Amended Counterclaim (Doc. #247) are STRICKEN. Signed by Judge Sheri Polster Chappell on 1/28/2019. (LMF) |
Filing 281 ENDORSED ORDER granting #280 Unopposed Motion for Enlargement of Time to Respond to Motion to Dismiss Third Amended Counterclaim and Third Party Complaint. On or before February 6, 2019, Albertelli Construction, Inc. shall file its response. Signed by Magistrate Judge Mac R. McCoy on 1/25/2019. (brh) |
Filing 280 Unopposed MOTION for Extension of Time to File Response/Reply as to #273 MOTION to Dismiss ACI's Third Amended Counterclaim and Third-Party Complaint by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 279 NOTICE of Appearance by Brooke E. Beebe on behalf of Brook Kozlowski, Kerry Heltzel, Kevin Burke (Beebe, Brooke) |
Filing 278 ENDORSED ORDER granting #277 Motion for Extension of Time to File Response to Motion to Dismiss. KMM Construction of Florida, LLC shall have up to and including January 31, 2019, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 1/24/2019. (brh) |
Filing 277 MOTION to extend time to 1/31/19 by KMM Construction of Florida, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 276 ENDORSED ORDER granting #275 Unopposed Motion for Extension of Time. Third-Party Defendant Angelo Eguizabal shall have up to and including February 18, 2019, in which to file a response to the Third Party Complaint. Signed by Magistrate Judge Mac R. McCoy on 1/23/2019. (brh) |
Filing 275 Unopposed MOTION for Extension of Time to File Response/Reply to the Third Party Complaint by Angelo Eguizabal. (Syed, Asghar) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 274 NOTICE of compliance re #272 Court Order by Gregory Hilz (Greenberg, Alan) Modified on 1/17/2019 as to docket text (MLS). |
Filing 273 MOTION to Dismiss ACI's Third Amended Counterclaim and Third-Party Complaint by Continental 298 Fund LLC(Savage Fund ), Continental 306 Fund LLC, Continental 326 Fund LLC(Rochester Fund ), Continental 332 Fund, LLC, Continental Properties Group, Inc.. (Hamera, Jeffrey) |
Filing 272 ORDER granting #271 Unopposed Motion to Proceed Pro Hac Vice. Unless already completed, within 14 days, Attorney Alan A. Greenberg shall send the required fee to the Clerk's Office and shall complete and submit the E-Filer Registration Form for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 1/9/2019. (brh) |
Filing 271 Unopposed MOTION for Alan A. Greenberg, Esq. to appear pro hac vice by Gregory Hilz. (Attachments: #1 Exhibit A - Special Admission Attorney Certification)(Hewitt, Miesha) Motions referred to Magistrate Judge Mac R. McCoy. |
***PRO HAC VICE FEES paid by attorney Alan A. Greenberg, appearing on behalf of Gregory Hilz (Filing fee $150 receipt number FtM013351.) Related document: #271 Unopposed MOTION for Alan A. Greenberg, Esq. to appear pro hac vice. (drn) |
Filing 270 ORDER for Alan A. Greenberg to comply with the administrative procedures regarding electronic filing. Signed by All Divisional Judges on 1/8/2019. (SPB) |
Filing 269 NOTICE to counsel of Local Rule 2.02, as to Alan A. Greenberg (signed by deputy clerk). (SPB) |
Filing 266 ORDER granting #265 Unopposed Motion to Proceed Pro Hac Vice. Attorney Thomas C. Rickeman may appear specially for Defendant Gregory Hilz. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 1/3/2019. (brh) |
Filing 268 MOTION to Dismiss complaint by Great American Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Originally filed on 11/27/18 in member case). (drn) |
Filing 267 ORDER granting Joint Motion to Consolidate for all purposes. The Clerk of Court is directed to consolidate this case with the undersigned's case styled Continental 332 Fund, LLC et al v. Albertelli et al., Case No: 2:17-cv-41-38MRM for all future proceedings, which will serve as the lead case. Signed by Judge Sheri Polster Chappell on 1/2/19. (drn) |
***PRO HAC VICE FEES paid by attorney Thomas C. Rickeman, appearing on behalf of Gregory Hilz (Filing fee $150 receipt number FtM013338.). (MLS) |
Filing 265 Unopposed MOTION for Thomas C. Rickeman to appear pro hac vice by Gregory Hilz. (Attachments: #1 Exhibit Ex A - Special Admission Certification)(Hewitt, Miesha) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 264 NOTICE by Great American Insurance Company Corrected Notice of Filing Joint Motion to Consolidate for All Purposes and Incorporated Memorandum of Law (Attachments: #1 Exhibit A)(Shuman, Michael) |
Filing 263 NOTICE by Continental 245 Fund LLC Notice of Filing Joint Motion to Consolidate for All Purposes and Incorporated Memorandum of Law (Attachments: #1 Exhibit A)(Shuman, Michael) |
Filing 262 ENDORSED ORDER granting #261 Joint Stipulation for Deadline to Respond. Defendant Angelo Eguizabal shall have up to and including January 28, 2019 in which to file a response to the Third Amended Counterclaim and Third Party Complaint. Signed by Magistrate Judge Mac R. McCoy on 12/27/2018. (brh) |
Filing 261 STIPULATION re #252 Counterclaim and Third Party Complaint by Albertelli Construction Inc., Angelo Eguizabal. (Henderson, Reese) Modified on 12/27/2018, to correct event type, per LC/BH. (SPB). |
Filing 260 CERTIFICATE of interested persons and corporate disclosure statement re #258 Interested persons order by Gregory Hilz identifying Other Affiliate George H. Knott, Other Affiliate Knott Ebelini Hart, Other Affiliate Gregory Hilz, Other Affiliate Alan A. Greenberg, Other Affiliate Thomas C. Rickeman, Other Affiliate Miesha M. Hewitt, Other Affiliate Greenberg Gross LLP for Gregory Hilz.. (Hewitt, Miesha) |
Filing 259 ORDER granting #257 Consent Motion for Leave to Amend Third-Party Complaint by Interlineation and for Extension of Time for Response. The Clerk of Court is directed to indicate on the docket that the Third Amended Counterclaim and Third-Party Complaint (Doc. 252) is corrected by interlineation as set forth in this Order. The deadline for Plaintiffs/Counterclaim Defendants to file responses to the Third Amended Counterclaim is extended to January 11, 2019. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 12/19/2018. (brh) |
Filing 258 INTERESTED PERSONS ORDER as to Gregory Hilz. Certificate of interested persons and corporate disclosure statement due by 1/2/2019. Signed by All Divisional Judges on 12/19/2018. (drn) |
Filing 257 Consent MOTION for leave to file to Amend Third-Party Complaint by Interlineation and for Extension of Time for Response by Albertelli Construction Inc.. (Henderson, Reese) |
Filing 256 RESPONSE in Opposition re #253 MOTION to Dismiss Amended Counterclaims of KMM, Westcore and National Framing filed by KMM Construction, LLC, National Framing, LLC(a Delaware limited liability company), Westcore Construction, LLC. (Webb, John) |
Filing 255 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Gregory Hilz.(Hewitt, Miesha) |
Filing 254 ENDORSED ORDER denying as moot Counter-Defendants' and Third Party Defendant's Motion to Dismiss Counter-Plaintiff, Albertelli Construction Inc.'s Second Amended Counterclaim and Third-Party Complaint (Doc. #213) because Albertelli Construction, Inc. has filed a Third Amended Counterclaim and Third-Party Complaint (Doc. #252). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 12/5/2018. (NMC) |
Filing 253 MOTION to Dismiss Amended Counterclaims of KMM, Westcore and National Framing by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 252 THIRD AMENDED COUNTERCLAIM and THIRD-PARTY COMPLAINT against Continental 332 Fund, LLC (Six Mile Fund ), Continental 298 Fund LLC (Savage Fund), Continental 326 Fund LLC (Rochester Fund), Continental 306 Fund LLC (New Braunfels Fund) and Third-Party Defendants Continental Properties Group, Inc., Angelo Eguizabal filed by Albertelli Construction Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(drn) Modified on 12/20/2018 per #259 Order. Paragraph 267 of the Third Amended Counterclaim and Third Party Complaint (Doc. 252) is corrected by interlineation as follows: "267. ACI herein reincorporates the allegations of paragraphs 206 through 257 by reference." (drn). |
Filing 251 ORDER granting #250 Unopposed Motion for Leave to Add Additional Parties and to File Third-Party Complaint. The Clerk of Court is directed to file the Third Amended Counterclaim and Third-Party Complaint separately. Signed by Magistrate Judge Mac R. McCoy on 12/3/2018. (brh) |
Filing 250 Unopposed MOTION for leave to file to Add Additional Parties and to File Third-Party Complaint by Albertelli Construction Inc.. (Attachments: #1 Exhibit A)(Henderson, Reese) |
Filing 249 RETURN of service executed on 11/27/18 as to Gregory Hilz by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Hamera, Jeffrey) Modified on 11/30/2018 to edit docket text and filing event (drn). |
Filing 248 ENDORSED ORDER denying as moot Counter-Defendants' Motion to Dismiss Counterclaims (Doc. #198) because amended counterclaims have been filed by Albertelli Construction, Inc. (Doc. #201), KMM Construction, LLC (Doc. #245), Westcore Construction, LLC (Doc. #246), and National Framing, LLC (Doc. #247). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 11/26/2018. (NMC) |
Filing 247 AMENDED COUNTERCLAIM against Continental 332 Fund, LLC, Continental Development Company, Inc. filed by National Framing, LLC.. (Counsel notified as to Exh. 1 - not attached to cc)(MLS) |
Filing 246 AMENDED COUNTERCLAIM against Continental 347 Fund LLC, Continental 355 Fund LLC, Continental Development Company, Inc. filed by Westcore Construction, LLC.(MLS) |
Filing 245 AMENDED COUNTERCLAIM against Continental 332 Fund LLC and Continental Development Company, Inc., f/k/a Continental Properties Company, Inc. filed by KMM Construction, LLC.(MLS) |
Filing 244 ORDER granting #219 Motion for Leave to File Amended Counterclaims. The Clerk of Court is directed to file the Amended Counterclaims as new and separate docket entries. Signed by Magistrate Judge Mac R. McCoy on 11/20/2018. (brh) |
Filing 243 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Westcore Construction, LLC.(Webb, John) |
Filing 242 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Westcore Construction, L.L.C..(Webb, John) |
Filing 241 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by John Salat.(Webb, John) |
Filing 240 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by MFDC, LLC.(Webb, John) |
Filing 239 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Brook Kozlowski.(Webb, John) |
Filing 238 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by KMM Construction, LLC.(Webb, John) |
Filing 237 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Kerry Heltzel.(Webb, John) |
Filing 236 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Foundation Management, LLC, Team CCR, LLC, US Construction Trust.(Webb, John) |
Filing 235 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Kevin Burke.(Webb, John) |
Filing 234 SUMMONS issued as to Gregory Hilz. (drn) |
Filing 233 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Amy Butler.(Post, James) |
Filing 232 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by George Albertelli.(Post, James) |
Filing 231 ENDORSED ORDER granting #230 Unopposed Motion for Extension of Time. Defendants Westcore Construction, LLC (Del.), National Framing, LLC, MFDC, LLC, Team CCR, LLC, Brook Kozlowski, John Salat, Kevin Burke, Kerry Heltzel, US Construction Trust, Foundation Management, LLC, KMM Construction, LLC, and Westcore Construction, LLC (Nev.) shall have up to and including November 21, 2018, in which to file a response to the Complaint. Signed by Magistrate Judge Mac R. McCoy on 11/16/2018. (brh) |
Filing 230 Unopposed MOTION to extend time to File Answer by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 229 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Albertelli Construction Inc..(Henderson, Reese) |
Filing 228 PROPOSED summons to be issued by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 227 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by David Albertelli.(Henderson, Reese) |
Filing 226 ENDORSED ORDER granting #225 Unopposed Motion for Extension of Time to File Third Amended Counterclaim and to Add Party. Albertelli Construction, Incorporated shall have up to and including November 30, 2018, in which to file either a Third Amended Counterclaim and Third-Party Complaint or file a response to the Motion to Dismiss Second Amended Counterclaim and Third-Party Complaint. Signed by Magistrate Judge Mac R. McCoy on 11/14/2018. (brh) |
Filing 225 Unopposed MOTION for Extension of Time to File Third Amended Counterclaim and to Add Party by Albertelli Construction Inc.. (Henderson, Reese) |
Filing 224 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/23/2019 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 9/3/2019 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 11/9/2018. (WRW) |
Filing 223 ENDORSED ORDER granting #220 Unopposed Motion to Amend All Deadlines in the Case Management and Scheduling Order, Including Trial Date. A Second Amended Case Management and Scheduling Order will be entered separately. Signed by Magistrate Judge Mac R. McCoy on 11/8/2018. (brh) |
Filing 222 ENDORSED ORDER granting #221 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss Second Amended Counterclaim. Albertelli Construction, Incorporated shall have up to and including November 16, 2018, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 11/7/2018. (brh) |
Filing 221 Unopposed MOTION for Extension of Time to File Response/Reply as to #213 MOTION to Dismiss Second Amended Counterclaim and Third-Party Complaint by Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 220 Unopposed MOTION to Amend/Correct #112 Case management and scheduling order , including Trial Date by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Henderson, Reese) |
Filing 219 MOTION to Amend/Correct #190 Counterclaim, #188 Counterclaim, #189 Counterclaim by KMM Construction, LLC, National Framing, LLC, Westcore Construction, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Webb, John) |
Filing 218 FOURTH AMENDED COMPLAINT against David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, Westcore Construction, L.L.C., Westcore Construction, LLC, Gregory Hilz filed by Continental 245 Fund LLC, Continental 332 Fund, LLC, Continental 355 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, Continental 306 Fund LLC, Continental 298 Fund LLC, Continental 342 Fund LLC. Related document: #117 Amended Complaint filed by Continental 342 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, Continental 298 Fund LLC, Continental 245 Fund LLC, Continental 355 Fund LLC, Continental 306 Fund LLC, Continental 332 Fund, LLC, #1 Complaint filed by Continental 326 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 332 Fund, LLC, #38 Amended Complaint filed by Continental 326 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 332 Fund, LLC, #49 Amended Complaint filed by Continental 326 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 332 Fund, LLC.(drn) |
Filing 217 ORDER granting #215 Unopposed Motion for Leave to File Their Fourth Amended Complaint. The Clerk is directed to file the Fourth Amended Complaint as a new and separate docket entry. Signed by Magistrate Judge Mac R. McCoy on 11/2/2018. (brh) |
Filing 216 ENDORSED ORDER granting #214 Unopposed Joint Motion to Modify Scheduling Order. The deadline to add parties or amend pleading is extended to November 15, 2018. All other case management deadlines previously set shall remain in effect. Signed by Magistrate Judge Mac R. McCoy on 10/31/2018. (brh) |
Filing 215 Unopposed MOTION for leave to file Fourth Amended Complaint by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Attachments: #1 Exhibit Fourth Amended Complaint)(Hamera, Jeffrey) |
Filing 214 Unopposed MOTION to modify Scheduling Order by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) |
Filing 213 MOTION to Dismiss Second Amended Counterclaim and Third-Party Complaint by Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 212 ENDORSED ORDER granting #211 Unopposed Motion for Extension of Time to File Responses to Motions to Dismiss. Westcore Construction, LLC (Del.), National Framing, LLC, and KMM Construction, LLC shall have up to and including November 2, 2018, in which to file their responses. Signed by Magistrate Judge Mac R. McCoy on 10/24/2018. (brh) |
Filing 211 Unopposed MOTION for Extension of Time to File Response/Reply by KMM Construction, LLC, National Framing, LLC, Westcore Construction, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 210 ENDORSED ORDER granting #209 Unopposed Motion for Extension of Time to File Responses to Motions to Dismiss. Westcore Construction, LLC (Del.), National Framing, LLC, and KMM Construction, LLC shall have up to and including October 24, 2018, in which to file their responses. Signed by Magistrate Judge Mac R. McCoy on 10/22/2018. (brh) |
Filing 209 Unopposed MOTION for Extension of Time to File by KMM Construction, LLC, National Framing, LLC, Westcore Construction, LLC. (Webb, John) |
Filing 208 NOTICE of change of address by James H. Post (Post, James) |
Filing 207 ENDORSED ORDER granting #206 Counterclaim Plaintiffs, Westcore Construction, LLC (Del.), National Framing, LLC, and KMM Construction, LLC's Unopposed Motion for Extension of Time to File Responses to Motion to Dismiss. The responses shall be filed no later than October 19, 2018. Signed by Magistrate Judge Mac R. McCoy on 10/12/2018. (ATC) |
Filing 206 Unopposed MOTION for Extension of Time to File Response/Reply by KMM Construction, LLC, National Framing, LLC, Westcore Construction, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 205 ENDORSED ORDER granting #204 Counter-Defendants' and Third-Party Defendants' Unopposed Motion for Extension of Time to Respond to ACI's Second Amended Counterclaim and Third-Party Complaint. The response shall be filed no later than October 24, 2018. Signed by Magistrate Judge Mac R. McCoy on 10/10/2018. (ATC) |
Filing 204 MOTION for Extension of Time to File Answer re #201 Amended Complaint Unopposed Motion for Extension of Time to Respond to Second Amended Counterclaim and Third Party Complaint by Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 203 ENDORSED ORDER granting #202 Unopposed Motion for Extension of Time to File Responses to Motions to Dismiss. Westcore Construction, LLC (Del.), National Framing, LLC, and KMM Construction, LLC shall have up to and including October 12, 2018, in which to file their respective responses. Signed by Magistrate Judge Mac R. McCoy on 9/27/2018. (brh) |
Filing 202 Unopposed MOTION for Extension of Time to File Response/Reply as to #198 MOTION to affirm Counterclaims decision MOTION to Dismiss Counterclaims by KMM Construction, LLC, National Framing, LLC, Westcore Construction, L.L.C.. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 201 SECOND AMENDED COUNTERCLAIM AND THIRD-PARTY COMPLAINT against Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.) with Jury Demand filed by Albertelli Construction Inc.. Related document: #178 Answer and Counterclaim.(drn) |
Filing 200 ORDER granting #199 Unopposed Motion for Leave to File Second Amended Counterclaim. The Clerk is directed to file the Second Amended Counterclaim as a new and separate docket entry. Signed by Magistrate Judge Mac R. McCoy on 9/26/2018. (brh) |
Filing 199 Unopposed MOTION for leave to file Second Amended Counterclaim by Albertelli Construction Inc.. (Attachments: #1 Second Amended Counterclaim)(Henderson, Reese) |
Filing 198 MOTION to affirm Counterclaims decision , MOTION to Dismiss Counterclaims by Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 347 Fund LLC, Continental 355 Fund LLC, Continental Development Company, Inc., Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.). (Hamera, Jeffrey) |
Filing 197 NOTICE of Larry Selander Appearance by Jeffrey L. Hamera on behalf of Continental Properties Group, Inc. (Hamera, Jeffrey) Modified on 9/5/2018 to edit filing party. (drn). |
Filing 196 NOTICE of Appearance of Larry Selander on behalf of Continental Properties Group, Inc. (Hamera, Jeffrey) Modified on 9/5/2018. Incorrect PDF attachment - counsel to resubmit. (drn). |
Filing 195 ENDORSED ORDER granting #194 Unopposed Motion for Extension of Time to File Responses to Counterclaims and Amended Counterclaim. The response deadline for the Amended Counterclaim and Counterclaims is extended to September 14, 2018. Signed by Magistrate Judge Mac R. McCoy on 9/5/2018. (brh) |
Filing 194 Unopposed MOTION for Extension of Time to File Response/Reply as to #182 Amended Answer to ComplaintCounterclaim, #190 Counterclaim, #188 Counterclaim, #189 Counterclaim by Continental 245 Fund LLC. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 193 NOTICE of Appearance of Larry Selander Appearance on behalf of Continental Properties Group, Inc. (Hamera, Jeffrey) Modified on 9/5/2018 to edit applicable filer. Incorrect PDF attachment - counsel to resubmit. (drn). |
Filing 192 NOTICE of Appearance by Jeffrey L. Hamera on behalf of Continental Properties Group, Inc. (Hamera, Jeffrey) Modified on 9/5/2018 to edit filing party (drn). |
Filing 191 RETURN of service executed on August 21, 2018 by Albertelli Construction Inc. as to Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.). (Henderson, Reese) |
Filing 190 COUNTERCLAIM against Continental 332 Fund, LLC, Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.) filed by KMM Construction, LLC.(Webb, John) |
Filing 189 COUNTERCLAIM against Continental 332 Fund, LLC, Continental Properties Group, Inc.(f/k/a Continental Properties Company, Inc.) filed by National Framing, LLC.(Webb, John) |
Filing 188 COUNTERCLAIM against Continental 347 Fund LLC, Continental 355 Fund LLC, Continental Properties Group, Inc. filed by Westcore Construction, L.L.C..(Webb, John) |
Filing 187 ENDORSED ORDER granting #186 Unopposed Motion for Extension of Time to File Counterclaims. Defendants, Westcore Construction, LLC (Del.), National Framing, LLC, MFDC, LLC, Team CCR, LLC, Brook Kozlowski, John Salat, Kevin Burke, Kerry Heltzel, US Construction Trust, Foundation Management, LLC, KMM Construction, LLC, and Westcore Construction, LLC (Nev.) shall have up to and including August 20, 2018, in which to file and serve their counterclaims to the Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 8/16/2018. (brh) |
Filing 186 Unopposed MOTION for Extension of Time to File Counterclaims by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) |
Filing 185 SUMMONS issued as to Continental Properties Group, Inc.. (drn) |
Filing 184 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by MFDC, LLC.(Webb, John) |
Filing 183 NOTICE by Albertelli Construction Inc. Summons to Be Issued as to Continental Properties Group, Inc. (Henderson, Reese) |
Filing 182 AMENDED ANSWER to #178 Answer to ComplaintCounterclaim , Amended COUNTERCLAIM against Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental Properties Group, Inc. by Albertelli Construction Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Henderson, Reese) |
Filing 181 ENDORSED ORDER This matter comes before the Court on sua sponte review of the file. All Defendants but MFDC, LLC have filed an answer to the Third Amended Complaint (Doc. #117). Accordingly, the Court DIRECTS Defendant MFDC, LLC to file an answer on or before August 15, 2018. Signed by Judge Sheri Polster Chappell on 8/13/2018. (NMC) |
Filing 180 ENDORSED ORDER granting #176 Motion for Extension of Time to File Counterclaims. Westcore Construction, LLC (Del.), National Framing, LLC, MFDC, LLC, TEAM CCR, LLC, Brook Kozlowski, John Salat, Kevin Burke, Kerry Heltzel, US Construction Trust, Foundation Management, LLC, KMM Construction, LLC, and Westcore Construction,LLC (Nev.) shall have up to and including August 17, 2018, in which to file their counterclaims. Signed by Magistrate Judge Mac R. McCoy on 8/7/2018. (brh) |
Filing 179 ENDORSED ORDER granting nunc pro tunc #161 Motion for Extension of Time to File Counterclaim. The Court accepts #178 Counterclaim as timely filed. Signed by Magistrate Judge Mac R. McCoy on 8/7/2018. (brh) |
Filing 178 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental Development Company, Inc. by Albertelli Construction Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Henderson, Reese) |
Filing 177 ORDER denying #151 Defendants' Joint Motion to Permit Interlocutory Appeal and Stay. Signed by Judge Sheri Polster Chappell on 8/2/2018. (LMF) |
Filing 176 MOTION for Extension of Time to File Counterclaims by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) |
Filing 175 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Brook Kozlowski.(Webb, John) |
Filing 174 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Westcore Construction, LLC.(Webb, John) |
Filing 173 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Westcore Construction, L.L.C..(Webb, John) |
Filing 172 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by John Salat.(Webb, John) |
Filing 171 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by KMM Construction, LLC, National Framing, LLC.(Webb, John) |
Filing 170 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Kerry Heltzel.(Webb, John) |
Filing 169 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Foundation Management, LLC, Team CCR, LLC, US Construction Trust.(Webb, John) |
Filing 168 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Kevin Burke.(Webb, John) |
Filing 167 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Amy Butler.(Post, James) |
Filing 166 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by George Albertelli.(Post, James) |
Filing 165 ENDORSED ORDER granting #164 Motion for Extension of Time. On or before July 30, 2018, Defendants Kevin Burke, Foundation Management, LLC., Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.,and Westcore Construction, LLC shall file their response to the Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 7/25/2018. (brh) |
Filing 164 MOTION for Extension of Time to File Answer re #117 Amended Complaint by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 163 ENDORSED ORDER granting #162 Motion for Extension of Time to Respond to Third Amended Complaint. George Albertelli, Any Butler, Westcore Construction, LLC (Del.), National Framing, LLC, MFDC, LLC, Team CCR, LLC, Brook Kozlowski, John Salat, Devin Burke, Kerry Heltzel, US Construction Trust, Foundation Management, LLC, KMM Construction, LLC, and Westcore Construction, LLC (Nev.) shall have up to and including July 25, 2018, in which to file responses to the Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 7/20/2018. (brh) |
Filing 162 MOTION to extend time to respond to third amended complaint by George Albertelli, Amy Butler. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 161 MOTION for Extension of Time to File Counterclaim by Albertelli Construction Inc.. (Henderson, Reese) |
Filing 160 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Albertelli Construction Inc..(Henderson, Reese) |
Filing 159 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by David Albertelli.(Henderson, Reese) |
Filing 158 Supplemental MOTION to supplement to Motion by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) |
Filing 157 ENDORSED ORDER granting #156 Unopposed Second Motion for Extension of Time to Respond to Third Amended Complaint. George Albertelli and Amy Butler shall have up to and including July 20, 2018, in which to file a response to the Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 7/9/2018. (brh) |
Filing 156 Unopposed MOTION for Extension of Time to File Answer re #117 Amended Complaint by George Albertelli, Amy Butler. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 155 ENDORSED ORDER granting #154 Unopposed Motion for Extension of Time. On or before July 20, 2018, Albertelli Construction Inc., David Albertelli, Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., and Westcore Construction, LLC. shall file a response to the Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 7/9/2018. (brh) |
Filing 154 Unopposed MOTION for Extension of Time to File Answer re #117 Amended Complaint by David Albertelli, Albertelli Construction Inc., Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 153 RESPONSE re #151 MOTION for miscellaneous relief, specifically Response in Opposition by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 152 ENDORSED ORDER granting #150 Defendants' Unopposed Motion for Extension of Time. Defendants Westcore Construction, LLC (Del.), Westcore Construction, LLC (Nev.), Foundation Management, LLC, National Framing, LLC, KMM Construction, LLC, MFDC, LLC, Team CCR, LLC, Brook Kozlowski, John Salat, Kevin Burke, Kerry Hetzel, and US Construction Trust, LLC must file their response(s) to Plaintiffs' Third Amended Complaint no later than July 10, 2018. Signed by Magistrate Judge Mac R. McCoy on 6/22/2018. (JTM) |
Filing 151 DEFENDANTS' JOINT MOTION and memorandum of law for amendment of the Court's order on defendants' motions to dismiss to permit interlocutory appeal and for limited stay of discovery by All Defendants. (Attachments: #1 Exhibit)(Webb, John) Modified on 6/22/2018 to edit docket text and filing event (drn). |
Filing 150 Unopposed MOTION for Extension of Time to File Answer re #117 Amended Complaint by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 149 ENDORSED ORDER granting #148 the Unopposed Motion of Defendants George Albertelli and Amy Butler for Extension of Time to Respond to Third Amended Complaint. Defendants George Albertelli and Amy Butler must file their response(s) to Plaintiffs' Third Amended Complaint no later than July 10, 2018. Signed by Magistrate Judge Mac R. McCoy on 6/21/2018. (JTM) |
Filing 148 Unopposed MOTION to extend time to respond to Third Amended Complaint by George Albertelli, Amy Butler. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 147 PROOF of service as to Subpoena to Produce Documents by Continental 332 Fund, LLC (Hamera, Jeffrey) Modified on 6/20/2018 to edit docket text (drn). |
Filing 146 ENDORSED ORDER granting #145 Unopposed Motion for Extension of Time to File Response to the Third Amended Complaint. David Albertelli and Albertelli Construction, Incorporated shall have up to and including July 10, 2018 to file responses to Plaintiffs' Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 6/19/2018. (brh) |
Filing 145 Unopposed MOTION for Extension of Time to File Response/Reply as to #117 Amended Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 144 ORDER denying in part #130 motion to dismiss; denying in part #135 motion to dismiss; denying in part #136 motion to dismiss;denying in part #137 motion to dismiss; denying in part #138 Motion for Joinder. To the extent Count 1 alleges a violation of 18 U.S.C. 1962(b), it is DISMISSED without prejudice. Defendants have fourteen (14) days to answer or otherwise respond to this action. Plaintiffs must serve a demand on George Albertelli under Florida Statute 772.11 within ten (10) days of this Order. Signed by Judge Sheri Polster Chappell on 6/11/2018. (LMF) |
Filing 143 RESPONSE to Motion re #136 MOTION to Dismiss the Third Amended Complaint , #137 MOTION to Dismiss Third Amended Verified Complaint , #130 MOTION to Dismiss Third Amended Verified Complaint , #135 MOTION to Dismiss the Third Amended Complaint filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 142 ENDORSED ORDER GRANTING Plaintiffs' Unopposed Motion for Leave to File Omnibus Response (Doc. 141), which was filed on May 7, 2018. Plaintiffs shall file one (1) omnibus response consisting of up to sixty (60) pages on Wednesday, May 9, 2018. Signed by Judge Sheri Polster Chappell on 5/9/2018. (RPF) |
Filing 141 MOTION for leave to file An Omnibus Response by All Plaintiffs. (Hamera, Jeffrey) |
Filing 140 ENDORSED ORDER granting #139 Unopposed Motion for Extension of Time to File Responses to Motions to Dismiss. Plaintiffs shall have up to and including May 9, 2018 in which to file responses to the Motions to Dismiss. Signed by Magistrate Judge Mac R. McCoy on 4/24/2018. (brh) |
Filing 139 MOTION for Extension of Time to File Responses to Motions to Dismiss by All Plaintiffs. (Hamera, Jeffrey) |
Filing 138 MOTION for Joinder in Motions to Dismiss by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) |
Filing 137 MOTION to Dismiss Third Amended Verified Complaint by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) |
Filing 136 MOTION to Dismiss the Third Amended Complaint by Amy Butler. (Attachments: #1 Exhibit 1)(Post, James) |
Filing 135 MOTION to Dismiss the Third Amended Complaint by George Albertelli. (Attachments: #1 Exhibit 1)(Post, James) |
Filing 134 ENDORSED ORDER granting #132 Motion for Extension of Time. Westcore Construction, LLC (Del.), National Framing, LLC, MFDC, LLC, TEAM CCR, LLC, Brook Kozlowski, John Salat,Kevin Burke, Kerry Heltzel, US Construction Trust, Foundation Management, LLC, KMM Construction, LLC, and Westcore Construction, LLC (Nev.) shall have up to and including April 13, 2018, in which to file a response to the Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 4/10/2018. (brh) |
Filing 133 ENDORSED ORDER granting #131 Motion for Extension of Time to Respond to Third Amended Complaint. Defendants George Albertelli and Amy Butler shall have up to and including April 13, 2018 in which to file responses to the Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 4/10/2018. (brh) |
Filing 132 MOTION for Extension of Time to File Response to Third Amended Complaint by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C., Westcore Construction, LLC. (Webb, John) |
Filing 131 MOTION for Extension of Time to File Response/Reply as to #117 Amended Complaint by George Albertelli. (Post, James) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 130 MOTION to Dismiss Third Amended Verified Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) |
Filing 129 ENDORSED ORDER granting #128 Notice of Withdrawal; and denying as moot without prejudice #122 Renewed Motion to Quash Subpoena Issued to Bank of America and Alternative Motion for Protective Order. Signed by Magistrate Judge Mac R. McCoy on 4/4/2018. (brh) |
Filing 128 NOTICE of withdrawal of motion by David Albertelli re #122 MOTION to quash Subpoena Issued to Bank of America and Alternative Motion for Protective Order filed by David Albertelli (Henderson, Reese) |
Filing 127 ENDORSED ORDER granting #123 Consent Motion for Enlargement of Time to Respond to Third Amended Complaint. Defendants shall have up to and including April 10, 2018, in which to file a response to the Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 4/2/2018. (brh) |
Filing 126 Confidentiality and Protective Stipulation and Order. Signed by Magistrate Judge Mac R. McCoy on 4/2/2018. (brh) |
Filing 125 ORDER granting #120 Joint Motion for Entry of Confidentiality Order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 4/2/2018. (brh) |
Filing 124 ORDER granting #121 Joint Motion for Entry of a Discovery Clawback Order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 4/2/2018. (brh) |
Filing 123 Consent MOTION for Extension of Time to File Response to Third Amended Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) |
Filing 122 MOTION to quash Subpoena Issued to Bank of America and Alternative Motion for Protective Order by David Albertelli. (Attachments: #1 Exhibit A - subpoena issued to Bank of America, N.A.)(Henderson, Reese) |
Filing 121 Joint MOTION for Discovery Clawback Order by David Albertelli, Albertelli Construction Inc.. (Attachments: #1 Exhibit A - proposed Order for Entry of Discovery Clawback)(Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 120 Joint MOTION for protective order by David Albertelli, Albertelli Construction Inc.. (Attachments: #1 Exhibit A - proposed Confidentiality & Protective Stipulation and Order)(Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 119 ENDORSED ORDER granting #118 Consent Motion for Enlargement of Time to Respond to Third Amended Complaint. Defendants shall have up to and including April 3, 2018, in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 3/19/2018. (brh) |
Filing 118 Consent MOTION for Extension of Time to File Response/Reply to Third Amended Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 117 AMENDED COMPLAINT Third Amended Verified Complaint against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hamera, Jeffrey) |
Filing 116 ORDER granting #115 Defendants' Unopposed Motion for Clarification. Plaintiffs are Ordered to file a Third Amended Complaint on March 6, 2018, that either includes the previously dismissed counts or contains only the facts and substantive allegations of the remaining counts. Barring any motion practice, Defendants will have fourteen days up to and until Tuesday March 20, 2018, to respond. Signed by Judge Sheri Polster Chappell on 2/28/2018. (LMF) |
Filing 115 Unopposed MOTION for clarification re #110 Order on motion to dismiss, #57 Order Regarding Response to 2nd Amended Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) |
Filing 114 ENDORSED ORDER granting #113 Unopposed Motion for Extension of Time to File Their Third Amended Complaint. Plaintiffs shall have up to and including March 6, 2018, within which to file their Third Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 2/22/2018. (brh) |
Filing 113 First MOTION for Extension of Time to File Unopposed Motion for Extension of Time to File Third Amended Complaint by All Plaintiffs. (Hamera, Jeffrey) |
Filing 112 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 6/21/2019 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 7/1/2019 before Judge Sheri Polster Chappell Signed by Magistrate Judge Mac R. McCoy on 2/20/2018. (jmc) |
Filing 111 ORDER denying as moot #94 Joint Motion to Stay Discovery. Signed by Magistrate Judge Mac R. McCoy on 2/16/2018. (brh) |
Filing 110 ORDER granting in part and denying in part #80 motion to dismiss; granting in part and denying in part #81 motion to dismiss; granting in part and denying in part #82 motion to dismiss; granting in part and denying in part #83 motion to dismiss; granting in part and denying in part #84 motion to dismiss; granting in part and denying in part #85 motion to dismiss; granting in part and denying in part #86 motion to dismiss; granting in part and denying in part #87 motion to dismiss; granting in part and denying in part #88 motion to dismiss. a.Counts 1-3, 5-7, 12-19, 21, 23, 25-27, 29-31, 33-35, and 37-44 are DISMISSED without prejudice. b. Count 8 is DISMISSED without prejudice as to Defendant David Albertelli. c.Count 22 alleging the implied warranty of workmanlike quality and implied warranty of habitability claims are DISMISSED without prejudice. Plaintiffs may file a Third Amended Complaint on or before February 27, 2018. Signed by Judge Sheri Polster Chappell on 2/13/2018. (LMF) |
Filing 109 CERTIFICATE of interested persons and corporate disclosure statement re #104 Case Management Report by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.. (Webb, John) |
Filing 108 ORDER granting #65 Motion to Quash Subpoena Issued to Bank of America and Alternative Motion for Protective Order to the extent that the Court stays the enforcement of the subpoena until such time as #94 Motion to Stay Discovery is resolved; granting #70 Notice of Joinder in Defendant David Albertelli's Motion to Quash Subpoena Issued to Bank of America and Alternative Motion for Protective Order; granting #70 Motion to Quash Subpoena Issued to CenterState Bank and Alternative Motion for Protective Order to the extent that the Court stays the enforcement of the subpoena until such time as #94 Motion to Stay Discovery is resolved; granting #74 Consent Motion for Entry of Stipulated Order on Motion to Quash to the extent that the Court stays discovery until such time as #94 Motion to Stay Discovery is resolved. See Order for further details. Signed by Magistrate Judge Mac R. McCoy on 12/18/2017. (brh) |
Filing 107 REPLY to Response to Motion re #101 Joint MOTION for leave to file reply to response to motion to stay filed by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.. (Henderson, Reese) |
Filing 106 ORDER denying as moot #75 Unopposed Motion for Entry of a Stipulated Order on Service, Appearance, and Answer. Signed by Magistrate Judge Mac R. McCoy on 12/8/2017. (brh) |
Filing 105 ENDORSED ORDER denying Defendants' Amended Joint Motion for Leave to File Replies (Doc. 100), which was filed on December 1, 2017. Signed by Judge Sheri Polster Chappell on 12/7/2017. (RPF) |
Filing 104 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D)(Hamera, Jeffrey) |
Filing 103 RESPONSE to Motion re #100 Amended MOTION for leave to file File Replies to Response to Motions to Dismiss filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 102 ENDORSED ORDER granting #101 Joint Motion for Leave to File Reply to Plaintiffs' Response in Opposition to Joint Motion to Stay Discovery. Within 10 days, Defendants may file a Reply that does not exceed 10 pages in length. Signed by Magistrate Judge Mac R. McCoy on 12/5/2017. (brh) |
Filing 101 Joint MOTION for leave to file reply to response to motion to stay by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, George Albertelli Westcore Construction, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.. (Webb, John) |
Filing 100 Amended MOTION for leave to file File Replies to Response to Motions to Dismiss by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, George Albertelli Westcore Construction, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.. (Webb, John) |
Filing 99 Joint MOTION for leave to file Replies to Response to Motions to Dismiss by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, George Albertelli Westcore Construction, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.. (Webb, John) |
Filing 98 RESPONSE in Opposition re #94 Joint MOTION to stay discovery filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 97 RESPONSE in Opposition re #87 MOTION to Dismiss Second Amended Complaint , #88 MOTION to Dismiss Second Amended Complaint , #81 MOTION to Dismiss Second Amended Verified Complaint and Motion to Strike , #84 MOTION to Dismiss Second Amended Complaint , #82 MOTION to Dismiss Second Amended Complaint , #86 MOTION to Dismiss Second Amended Complaint , #83 MOTION to Dismiss Second Amended Complaint , #85 MOTION to Dismiss Second Amended Complaint , #80 MOTION to Dismiss Second Amended Verified Complaint and Motion to Strike Omnibus Response in Opposition to Individual Defendants' Motions to Dismiss Second Amended Complaint filed by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 96 ENDORSED ORDER GRANTING Plaintiffs' Unopposed Motion for Leave to File Omnibus Response (Doc. 92), which was filed on November 6, 2017. Plaintiffs shall file one (1) omnibus response consisting of up to ninety (90) pages on or before Monday, November 20, 2017. Signed by Judge Sheri Polster Chappell on 11/13/2017. (RPF) |
Filing 95 ENDORSED ORDER This matter comes before the Court on the Plaintiffs' Notice of Voluntary Dismissal as to Defendants Angelo Eguizabal and Bravo 21, LLC (Doc. 93) filed on November 9, 2017. Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that plaintiff may dismiss an action without an order from the Court by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Here, Plaintiffs have filed their Notice of Dismissal of all claims against Defendants Angelo Eguizabal and Bravo 21, LLC prior to service of an Answer. Accordingly, all claims against Defendants Angelo Eguizabal and Bravo 21, LLC are DISMISSED without prejudice, and the Clerk of Court is directed to enter judgment as such. The claims asserted against the other Defendants remain active. The Clerk of Court is directed to terminate Defendants Angelo Eguizabal and Bravo 21, LLC from this action. Signed by Judge Sheri Polster Chappell on 11/13/2017. (RPF) |
Filing 94 Joint MOTION to stay discovery by David Albertelli, George Albertelli, Albertelli Construction Inc., Kevin Burke, Amy Butler, Foundation Management, LLC, George Albertelli Westcore Construction, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.. (Attachments: #1 Exhibit, #2 Exhibit)(Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 93 NOTICE of voluntary dismissal by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Hamera, Jeffrey) |
Filing 92 MOTION for miscellaneous relief, specifically Unopposed Motion for Leave to File Omnibus Response by All Plaintiffs. (Hamera, Jeffrey) |
Filing 91 SUPPLEMENTAL CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order Supplemental by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC. (Hamera, Jeffrey) |
Filing 90 ENDORSED ORDER granting #89 Unopposed Motion for Extension of Time to File Responses to Motions to Dismiss. Plaintiffs shall have until November 13, 2017 in which to file responses. Signed by Magistrate Judge Mac R. McCoy on 10/19/2017. (brh) |
Filing 89 MOTION to extend time to File Responses to Motions to Dismiss , MOTION for Extension of Time to File Response/Reply as to #87 MOTION to Dismiss Second Amended Complaint , #88 MOTION to Dismiss Second Amended Complaint , #81 MOTION to Dismiss Second Amended Verified Complaint and Motion to Strike , #84 MOTION to Dismiss Second Amended Complaint , #82 MOTION to Dismiss Second Amended Complaint , #86 MOTION to Dismiss Second Amended Complaint , #83 MOTION to Dismiss Second Amended Complaint , #85 MOTION to Dismiss Second Amended Complaint , #80 MOTION to Dismiss Second Amended Verified Complaint and Motion to Strike by All Plaintiffs. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 88 MOTION to Dismiss Second Amended Complaint by Foundation Management, LLC, KMM Construction, LLC, MFDC, LLC, National Framing, LLC, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.. (Webb, John) |
Filing 87 MOTION to Dismiss Second Amended Complaint by Kerry Heltzel. (Webb, John) |
Filing 86 MOTION to Dismiss Second Amended Complaint by John Salat. (Webb, John) |
Filing 85 MOTION to Dismiss Second Amended Complaint by Kevin Burke. (Webb, John) |
Filing 84 MOTION to Dismiss Second Amended Complaint by Brook Kozlowski. (Webb, John) |
Filing 83 MOTION to Dismiss Second Amended Complaint by Amy Butler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Post, James) |
Filing 82 MOTION to Dismiss Second Amended Complaint by George Albertelli. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Post, James) |
Filing 81 MOTION to Dismiss Second Amended Verified Complaint and Motion to Strike by Albertelli Construction Inc.. (Henderson, Reese) |
Filing 80 MOTION to Dismiss Second Amended Verified Complaint and Motion to Strike by David Albertelli. (Attachments: #1 Exhibit A, #2 Exhibit B)(Henderson, Reese) |
Filing 79 ENDORSED ORDER granting #78 Unopposed Motion for Extension of Time. Defendants shall have until October 11, 2017 in which to file a response to the Second Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 10/5/2017. (brh) |
Filing 78 Unopposed MOTION for Extension of Time to File Answer re #49 Amended Complaint by Kevin Burke, Foundation Management, LLC, Kerry Heltzel, KMM Construction, LLC, Brook Kozlowski, MFDC, LLC, National Framing, LLC, John Salat, Team CCR, LLC, US Construction Trust, Westcore Construction, L.L.C.. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 77 ENDORSED ORDER granting #76 Consent Motion for Enlargement of Time to Respond to Second Amended Complaint. Defendants shall have until October 6, 2017 in which to file a response. (brh) |
Filing 76 Consent MOTION for Extension of Time to File Response/Reply to Second Amended Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 75 MOTION for miscellaneous relief, specifically entry of a Stipulated Order on Service, Appearance and Answer (Unopposed) by All Plaintiffs. (Attachments: #1 Text of Proposed Order)(Hamera, Jeffrey) |
Filing 74 Consent MOTION to quash Subpoena Issued to Bank of America, and Alternative Motion for Protective Order by David Albertelli, Albertelli Construction Inc.. (Attachments: #1 Exhibit Stipulated Order on Motion to Quash)(Henderson, Reese) |
Filing 73 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by Westcore Construction, L.L.C.. (Webb, John) |
Filing 72 NOTICE of change of address by John D. Webb (Webb, John) |
Filing 71 NOTICE by David Albertelli re #65 MOTION to quash Subpoena Issued to Bank of America and Alternative Motion for Protective Order (Attachments: #1 Exhibit Stipulated Order on Motion to Quash)(Henderson, Reese) |
Filing 70 NOTICE OF JOINDER in Defendant David Albertelli's Motion to Quash Subpoena issued to Bank of America and alternative MOTION for Protective Order and MOTION to quash subpoena issued to Centerstate Bank and Alternative Motion for Protective Order filed by Albertelli Construction Inc., David Albertelli and George Albertelli's Motion to Quash Subpoena Issued to CenterState Bank and Alternative Motion for Protective Order. (Post, James) Modified on 12/8/2017, to correct docket event, per LC/BH. (SPB). |
Filing 69 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by Amy Butler. (Post, James) |
Filing 68 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by George Albertelli. (Post, James) |
Filing 67 ENDORSED ORDER granting #66 Emergency Motion to Stay Compliance with Subpoena Pending Ruling on Motion to Quash. The Court hereby stays Bank of America, N.A.'s compliance with the subject subpoena dated July 17, 2017 [65-1] until entry of a further court order resolving Defendant David Albertelli's motion to quash and alternative motion for protective order. Signed by Magistrate Judge Mac R. McCoy on 8/23/2017. (McCoy, Mac) |
Filing 66 Emergency MOTION to stay re #65 MOTION to quash Subpoena Issued to Bank of America and Alternative Motion for Protective Order by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) |
Filing 65 MOTION to quash Subpoena Issued to Bank of America and Alternative Motion for Protective Order by David Albertelli, Albertelli Construction Inc.. (Attachments: #1 Exhibit Exhibit A)(Henderson, Reese) |
Filing 64 INTERESTED PERSONS ORDER as to Amy Butler, George Albertelli and Westcore Construction, L.L.C. Certificate of interested persons and corporate disclosure statement due by 9/5/2017. Signed by All Divisional Judges on 8/22/2017. (drn) |
Filing 63 ENDORSED ORDER granting #62 Unopposed Motion for Extension of Time. Defendant Westcore Construction LLC shall have until September 1, 2017 in which to file a response to Plaintiffs' Second Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 8/21/2017. (brh) |
Filing 62 Unopposed MOTION to extend time to file responsive pleading by Westcore Construction, L.L.C.. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 61 NOTICE of Appearance by John D. Webb on behalf of Westcore Construction, L.L.C. (Webb, John) |
Filing 60 NOTICE of Appearance by James H. Post on behalf of Amy Butler, George Albertelli (Post, James) |
Filing 59 RETURN of service executed on 07/28/2017 by Continental 245 Fund LLC, Continental 332 Fund, LLC, Continental 326 Fund LLC, Continental 355 Fund LLC, Continental 347 Fund LLC, Continental 306 Fund LLC, Continental 342 Fund LLC, Continental 298 Fund LLC as to MFDC, LLC. (Hamera, Jeffrey) |
Filing 58 RETURN of service executed on 07/28/2017 by Continental 245 Fund LLC, Continental 332 Fund, LLC, Continental 326 Fund LLC, Continental 355 Fund LLC, Continental 347 Fund LLC, Continental 306 Fund LLC, Continental 342 Fund LLC, Continental 298 Fund LLC as to Westcore Construction, L.L.C.. (Hamera, Jeffrey) |
Filing 57 ORDERED: Defendants David Albertelli's and Albertelli Construction, Inc.'s Motion to Dismiss the Amended Complaint Doc. #41 is DENIED as moot. Signed by Judge Sheri Polster Chappell on 8/4/2017. (laf) |
Filing 56 ORDER denying #32 Defendants David Albertelli's and Albertelli Construction, Inc.'s Motion to Transfer Venue. Signed by Judge Sheri Polster Chappell on 8/1/2017. (LMF) |
Filing 55 RETURN of service executed on 7/28/17 as to MFDCM, LLC by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Hamera, Jeffrey) Modified on 8/1/2017 to edit docket text and filing event (drn). |
Filing 54 RETURN of service executed on 7/28/17 as to Westcore Construction, LLC by Continental 245 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC, Continental 342 Fund LLC, Continental 347 Fund LLC, Continental 355 Fund LLC (Hamera, Jeffrey) Modified on 8/1/2017 to edit docket text and filing event (drn). Subsequent order to follow per CC/Law Clerk. Modified on 8/7/2017 (laf). |
Filing 53 SUMMONS issued as to Westcore Construction, L.L.C.. (drn) |
Filing 52 SUMMONS issued as to MFDC, LLC. (drn) |
Filing 51 ENDORSED ORDER granting #50 Motion for Extension of Time to File Response to the Second Amended Complaint. Defendants David Albertelli and Albertelli Construction, Incorporated shall have until September 15, 2017 in which to file a response to the Second Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 7/25/2017. (brh) |
Filing 50 MOTION for Extension of Time to File Response/Reply as to #49 Amended Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 49 AMENDED COMPLAINT Second Amended Verified Complaint for Injunctive Relief and Damages Under R.I.C.O. and Other Relief against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit 1-25)(Hamera, Jeffrey) |
Filing 48 ORDER granting #47 Unopposed Motion for Leave to File Their Second Amended Complaint on or before July 11, 2017. On or before July 11, 2017, Plaintiffs shall file a Second Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 6/30/2017. (brh) |
Filing 47 Unopposed MOTION for leave to file Second Amended Complaint on or Before July 11, 2017 by All Plaintiffs. (Attachments: #1 Exhibit Draft Complaint, #2 Exhibit Ex. to Complaint)(Hamera, Jeffrey) |
Filing 46 NOTICE of mediation conference/hearing to be held on 7/25/2017-7/26/2017 9:00am before Steven B. Lesser. (Olson, Thomas) |
Filing 45 ENDORSED ORDER granting #44 Plaintiffs' Unopposed Motion for Extension of Time to File Response to #41 Defendants' Motion to Dismiss Amended Complaint. Plaintiffs must file their response to Defendants' Motion to Dismiss no later than 6/29/2017. Signed by Magistrate Judge Mac R. McCoy on 6/9/2017. (JTM) |
Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Dismiss Amended Verified Complaint And Incorporated Memorandum of Law by All Plaintiffs. (Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 43 ENDORSED ORDER granting #42 Unopposed Motion for Extension of Time to File Response to Defendants' Motion to Dismiss. Plaintiffs shall have until June 9, 2017 in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 5/23/2017. (brh) |
Filing 42 MOTION for Extension of Time to File 06/09/2017 by All Plaintiffs. (Hamera, Jeffrey) |
Filing 41 MOTION to Dismiss Amended Verified Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) |
Filing 40 ENDORSED ORDER granting #39 Unopposed Motion for Extension of Time to File Response to the Amended Complaint. Defendants shall have until May 12, 2017 in which to file their responses. Signed by Magistrate Judge Mac R. McCoy on 5/4/2017. (brh) |
Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply as to #38 Amended Complaint by All Defendants. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 38 AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24)(Hamera, Jeffrey) |
Filing 37 RESPONSE in Opposition re #32 MOTION to Change Venue filed by Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC. (Attachments: #1 Affidavit ANGELO EGUIZABAL)(Hamera, Jeffrey) |
Filing 36 ORDER granting the ore tenus Motion for Additional Time to File an Amended Complaint. Plaintiffs shall file their Amended Complaint on or before April 18, 2017. Order granting the ore tenus Motion to Exceed Deposition and Interrogatory Limits. Each side may take no more than 20 depositions and propound no more than 100 interrogatories without seeking further leave of Court to exceed these limits. Order granting the ore tenus Motion for Additional Time to File a Response to the Motion to Transfer Venue. Plaintiffs shall file their response to the pending Motion to Transfer Venue no later than April 18, 2017. Signed by Magistrate Judge Mac R. McCoy on 3/28/2017. (brh) |
Filing 35 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/24/2018 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial commencing 9/10/2018 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 3/28/2017. (jmc) |
Filing 34 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 3/28/2017. (Digital) (jmc) |
Filing 33 NOTICE by David Albertelli, Albertelli Construction Inc. re #32 MOTION to Change Venue (Attachments: #1 Affidavit David Albertelli)(Henderson, Reese) |
Filing 32 MOTION to Change Venue by All Defendants. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 31 MOTION to Strike #1 Complaint by All Defendants. (Henderson, Reese) |
Filing 30 MOTION to Dismiss Complaint by All Defendants. (Henderson, Reese) |
Filing 29 CASE MANAGEMENT REPORT. (Hamera, Jeffrey) |
Filing 28 ENDORSED ORDER granting #27 Unopposed Motion for Leave to Meet by Telephone to Prepare the Case Management Report. Signed by Magistrate Judge Mac R. McCoy on 3/14/2017. (brh) |
Filing 27 Unopposed MOTION to Appear Telephonically by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A)(Hamera, Jeffrey) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 26 ENDORSED ORDER granting #25 Unopposed Motion for Extension of Time to File Response to Complaint. Defendants shall have until March 22, 2017 in which to file a response to the Complaint. Signed by Magistrate Judge Mac R. McCoy on 3/13/2017. (brh) |
Filing 25 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by All Defendants. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) |
Filing 23 ENDORSED ORDER granting #22 Unopposed Motion for Extension of Time to File Response to Complaint. Defendants shall have until March 15, 2017 in which to file their responses. Signed by Magistrate Judge Mac R. McCoy on 2/23/2017. (brh) |
Filing 22 Unopposed MOTION for Extension of Time to File Response to Complaint by All Defendants. (Henderson, Reese) |
Filing 21 ENDORSED ORDER granting #20 Unopposed Motion for Admission Pro Hac Vice. The Clerk of Court is directed to add attorney Thomas R. Olson to the service list. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 2/14/2017. (brh) |
Filing 20 Unopposed MOTION for Thomas R.Olson to appear pro hac vice by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 19 INTERESTED PERSONS ORDER as to David Albertelli and Albertelli Construction, Inc. Certificate of interested persons and corporate disclosure statement due by 2/28/2017. Signed by All Divisional Judges on 2/14/2017. (drn) |
Filing 18 NOTICE by David Albertelli, Albertelli Construction Inc. Acceptance of Service (Henderson, Reese) |
Filing 17 NOTICE of Appearance by Reese J. Henderson, Jr on behalf of David Albertelli, Albertelli Construction Inc. (Henderson, Reese) |
Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC. (Attachments: #1 Exhibit A to Plaintiffs' Certificate of Interested Persons and Corporate Disclosure Statement)(Shuman, Michael) |
Filing 15 NOTICE of pendency of related cases per Local Rule 1.04(d) by Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC. Related case(s): Yes (Lodish, Alvin) |
Filing 14 NOTICE of Appearance by Michael J. Shuman on behalf of Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC (Shuman, Michael) |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Larry Selander, appearing on behalf of Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC (Filing fee $150 receipt number FtM010533.). (drn) |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jeffrey L. Hamera, appearing on behalf of Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 332 Fund, LLC (Filing fee $150 receipt number FtM010532.). (drn) |
Filing 13 ORDER granting #10 Renewed Motion for Permission of Jeffrey L. Hamera, Esq. to Appear Pro Hac Vice; and granting #11 Renewed Motion for Permission of Larry Lelander, Esp. to Appear Pro Hac Vice. Unless already completed, within 14 days, Attorneys Jeffrey L. Hamera and Larry Selander shall send to the Clerk's Office, the application for special admission to practice and the required application fee. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 2/7/2017. (brh) |
Filing 12 NOTICE of hearing: Preliminary Pretrial Conference set for 3/28/2017 at 09:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 03/20/2017. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) |
Filing 11 MOTION for Larry Selander to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit Larry Selander Special Admission Attorney Certification)(Lodish, Alvin) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 10 MOTION for Jefffrey L. Hamera to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit Jeffrey L. Hamera Special Admission Attorney Certification)(Lodish, Alvin) Motions referred to Magistrate Judge Mac R. McCoy. |
***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Thomas R. Olson, appearing on behalf of David Albertelli, Albertelli Construction Inc. (Filing fee $150 receipt number FtM010511.). (drn) |
Filing 9 ORDER denying without prejudice #7 Motion for Permission to Appear Pro Hac Vice; and denying #8 Motion for Permission to Appear Pro Hac Vice. Signed by Magistrate Judge Mac R. McCoy on 1/31/2017. (brh) |
Filing 8 MOTION for Jeffrey L. Hamera to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit Jeffrey L. Hamera, Esq. Special Admission Attorney Certification)(Lodish, Alvin) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 7 MOTION for Larry Selander to appear pro hac vice by All Plaintiffs. (Attachments: #1 Exhibit Larry Selander Esq. Special Admission Attorney Certification)(Lodish, Alvin) Motions referred to Magistrate Judge Mac R. McCoy. |
Filing 6 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/9/2017. Signed by All Divisional Judges on 1/26/2017. (jmc) |
Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/9/2017. Signed by Judge Sheri Polster Chappell on 1/26/2017. (jmc) |
Filing 4 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 1/24/2017. (RMT) |
Filing 3 SUMMONS issued as to David Albertelli. (RMT) |
Filing 2 SUMMONS issued as to Albertelli Construction Inc. (RMT) |
Filing 1 VERIFIED COMPLAINT For Injunctive Relief and Damages under R.I.C.O and other relief against David Albertelli, Albertelli Construction Inc.(Filing fee $400 receipt number FtM010462) filed by Continental 332 Fund, LLC, Continental 326 Fund LLC, Continental 306 Fund LLC, Continental 298 Fund LLC. (Attachments: #1 Civil Cover Sheet)(RMT) |
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