Continental 332 Fund, LLC et al v. Kozlowski
Plaintiff: 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
Defendant: 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
3Rd Party Defendant: Continental Properties Group, Inc., Continental Properties Company, Inc. and Angelo Eguizabal
Counter Defendant: Continental Development Company, Inc.
Case Number: 2:2017cv00041
Filed: January 24, 2017
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
County: Duval
Presiding Judge: Sheri Polster Chappell
Referring Judge: Mac R McCoy
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2021 Opinion or Order 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)
July 29, 2021 Opinion or Order 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)
November 12, 2020 Opinion or Order Filing 693 JUDGMENT on costs. Costs awarded to Gregory Hilz (Signed by Deputy Clerk). (drn)
November 10, 2020 Opinion or Order 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)
October 23, 2020 Opinion or Order 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)
October 14, 2020 Opinion or Order 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)
September 8, 2020 Opinion or Order 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)
August 21, 2020 Opinion or Order 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)
August 20, 2020 Opinion or Order 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)
August 19, 2020 Opinion or Order 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)
August 19, 2020 Opinion or Order Notice for appeal to the Eleventh Circuit Court of Appeals. (Hamera, Jeffrey)
August 17, 2020 Opinion or Order Filing 687 JUDGMENT (Signed by Deputy Clerk) (drn)
August 17, 2020 Opinion or Order 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)
August 14, 2020 Opinion or Order 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)
August 10, 2020 Opinion or Order 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)
August 4, 2020 Opinion or Order 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)
July 31, 2020 Opinion or Order 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.
July 22, 2020 Opinion or Order 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)
July 20, 2020 Opinion or Order 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)
July 17, 2020 Opinion or Order 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)
July 13, 2020 Opinion or Order Filing 678 OBJECTION re #677 Bill of costs - proposed PLAINTIFFS' OBJECTIONS TO DEFENDANT GREGORY HILZ'S BILL OF COSTS. (Geller, Melissa)
June 29, 2020 Opinion or Order 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).
June 15, 2020 Opinion or Order Filing 676 JUDGMENT as to Gregory Hilz (Signed by Deputy Clerk) (drn)
June 12, 2020 Opinion or Order 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)
June 11, 2020 Opinion or Order 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)
June 11, 2020 Opinion or Order Filing 673 JUDGMENT as to John Salat. (Signed by Deputy Clerk) (drn)
June 10, 2020 Opinion or Order 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)
June 10, 2020 Opinion or Order 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)
June 10, 2020 Opinion or Order 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)
June 9, 2020 Opinion or Order 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)
June 9, 2020 Opinion or Order 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)
June 9, 2020 Opinion or Order 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)
June 9, 2020 Opinion or Order 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)
June 8, 2020 Opinion or Order 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)
June 8, 2020 Opinion or Order 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)
June 8, 2020 Opinion or Order 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.
June 8, 2020 Opinion or Order 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.
June 5, 2020 Opinion or Order 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.
June 5, 2020 Opinion or Order Filing 660 MOTION to Continue July 1, 2020 TRIAL by Brook Kozlowski. (Alexander, Abbye) Motions referred to Magistrate Judge Mac R. McCoy.
May 29, 2020 Opinion or Order Filing 659 Minute Entry. Proceedings held before Magistrate Judge Nicholas P. Mizell: SETTLEMENT CONFERENCE held on 5/28/2020. (WRW)
May 27, 2020 Opinion or Order 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)
May 27, 2020 Opinion or Order Filing 657 EMERGENCY MOTION for Miscellaneous Relief, specifically Join Settlement Conference Late Unopposed by John Salat. (Webb, John)
May 24, 2020 Opinion or Order 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.
May 22, 2020 Opinion or Order 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)
May 22, 2020 Opinion or Order 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)
May 21, 2020 Opinion or Order 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)
May 18, 2020 Opinion or Order 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)
May 18, 2020 Opinion or Order 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)
May 14, 2020 Opinion or Order 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)
May 11, 2020 Opinion or Order 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)
May 6, 2020 Opinion or Order 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)
May 4, 2020 Opinion or Order 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)
May 1, 2020 Opinion or Order 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)
April 29, 2020 Opinion or Order 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)
April 29, 2020 Opinion or Order 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)
April 29, 2020 Opinion or Order 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)
April 29, 2020 Opinion or Order 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)
April 28, 2020 Opinion or Order 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)
April 28, 2020 Opinion or Order 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.
April 28, 2020 Opinion or Order 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.
April 22, 2020 Opinion or Order 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)
April 21, 2020 Opinion or Order 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)
April 17, 2020 Opinion or Order 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)
April 15, 2020 Opinion or Order 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)
April 15, 2020 Opinion or Order 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.
April 15, 2020 Opinion or Order Filing 633 JUDGMENT as to Kevin Burke. (Signed by Deputy Clerk) (drn)
April 15, 2020 Opinion or Order 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)
April 14, 2020 Opinion or Order Filing 631 MOTION to Dismiss REMAINING STATE LAW CLAIMS by Gregory Hilz. (Attachments: #1 Exhibit A)(Adams, Alberta)
April 14, 2020 Opinion or Order 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)
April 9, 2020 Opinion or Order 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)
April 8, 2020 Opinion or Order 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)
April 8, 2020 Opinion or Order 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)
April 8, 2020 Opinion or Order 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.
April 3, 2020 Opinion or Order 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)
April 1, 2020 Opinion or Order 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)
April 1, 2020 Opinion or Order 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)
March 31, 2020 Opinion or Order 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.
March 27, 2020 Opinion or Order 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)
March 27, 2020 Opinion or Order Filing 620 SETTLEMENT CONFERENCE ORDER Signed by Magistrate Judge Nicholas P. Mizell on 3/27/2020. (WRW)
March 27, 2020 Opinion or Order 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)
March 18, 2020 Opinion or Order Filing 618 Minute Entry. Proceedings held before Magistrate Judge Nicholas P. Mizell: STATUS CONFERENCE held on 3/18/2020. (DIGITAL) (WRW)
March 17, 2020 Opinion or Order 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)
March 13, 2020 Opinion or Order 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)
March 13, 2020 Opinion or Order 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)
March 12, 2020 Opinion or Order 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)
March 11, 2020 Opinion or Order Filing 613 DEPOSITION of Kerry Heltzel taken on February 11, 2020 by Kevin Burke re #599 Reply, Order 612 . (Bruyere, Michael)
March 10, 2020 Opinion or Order 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)
March 10, 2020 Opinion or Order 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)
March 10, 2020 Opinion or Order 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)
March 9, 2020 Opinion or Order 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)
March 9, 2020 Opinion or Order 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)
March 6, 2020 Opinion or Order 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)
March 6, 2020 Opinion or Order 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)
March 6, 2020 Opinion or Order Filing 605 JUDGMENT as to Great American Insurance Company (Signed by Deputy Clerk) (drn)
March 5, 2020 Opinion or Order 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)
February 25, 2020 Opinion or Order 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)
February 25, 2020 Opinion or Order 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)
February 24, 2020 Opinion or Order 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)
February 18, 2020 Opinion or Order 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)
February 18, 2020 Opinion or Order 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)
February 12, 2020 Opinion or Order 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)
February 12, 2020 Opinion or Order 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)
February 11, 2020 Opinion or Order Filing 596 RESPONSE re #515 Response to motion for summary judgment [ECF No. 468] filed by Brook Kozlowski. (Yombor, Kevin)
February 11, 2020 Opinion or Order 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)
February 10, 2020 Opinion or Order 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)
February 5, 2020 Opinion or Order 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)
February 4, 2020 Opinion or Order 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.
February 4, 2020 Opinion or Order 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)
February 3, 2020 Opinion or Order 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)
February 3, 2020 Opinion or Order Filing 589 NOTICE by Gregory Hilz (Notice to Court) (Attachments: #1 Exhibit A, #2 Exhibit B)(Adams, Alberta)
January 30, 2020 Opinion or Order 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)
January 29, 2020 Opinion or Order 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)
January 28, 2020 Opinion or Order ***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)
January 28, 2020 Opinion or Order Filing 586 Minute Entry. Proceedings held before Judge Sheri Polster Chappell: STATUS CONFERENCE held on 1/28/2020. Court Reporter: Susan C. Baker (AEH)
January 28, 2020 Opinion or Order 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)
January 28, 2020 Opinion or Order Filing 584 MOTION for Joinder in Motion for Oral Argument on Motions for Summary Judgment by Brook Kozlowski. (Alexander, Abbye)
January 28, 2020 Opinion or Order 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)
January 28, 2020 Opinion or Order Filing 582 MOTION for Joinder in Motion for Leave by Brook Kozlowski. (Alexander, Abbye)
January 28, 2020 Opinion or Order 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)
January 27, 2020 Opinion or Order 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.
January 27, 2020 Opinion or Order 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)
January 24, 2020 Opinion or Order 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)
January 24, 2020 Opinion or Order Filing 577 RESPONSE re #572 Stipulation of Dismissal filed by Gregory Hilz. (Adams, Alberta)
January 23, 2020 Opinion or Order Filing 576 NOTICE of Appearance by Kevin Patrick Yombor on behalf of Brook Kozlowski (Yombor, Kevin)
January 22, 2020 Opinion or Order 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)
January 17, 2020 Opinion or Order 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) .
January 17, 2020 Opinion or Order 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)
January 16, 2020 Opinion or Order 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)
January 14, 2020 Opinion or Order 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)
January 14, 2020 Opinion or Order 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)
January 9, 2020 Opinion or Order 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)
December 19, 2019 Opinion or Order 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)
December 19, 2019 Opinion or Order Filing 567 NOTICE canceling Final Pretrial Conference hearing scheduled for 12/20/2019 (AEH)
December 18, 2019 Opinion or Order 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)
December 18, 2019 Opinion or Order Filing 565 NOTICE of unavailability of counsel by Kevin Burke from April 17, 2020 to April 26, 2020. (Bruyere, Michael)
December 18, 2019 Opinion or Order Filing 564 NOTICE of unavailability of counsel by Kevin Burke from April 27, 2020 to April 26, 2020. (Bruyere, Michael)
December 17, 2019 Opinion or Order Filing 563 NOTICE of Appearance by Abbye Erika Alexander on behalf of Brook Kozlowski (Alexander, Abbye)
December 17, 2019 Opinion or Order Filing 562 NOTICE of Appearance by Michael P. Bruyere on behalf of Kevin Burke (Bruyere, Michael)
November 27, 2019 Opinion or Order 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)
November 25, 2019 Opinion or Order 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)
November 25, 2019 Opinion or Order 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.
November 25, 2019 Opinion or Order 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)
November 22, 2019 Opinion or Order 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)
November 21, 2019 Opinion or Order 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)
November 21, 2019 Opinion or Order 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)
November 21, 2019 Opinion or Order 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)
November 21, 2019 Opinion or Order 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)
November 21, 2019 Opinion or Order 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)
November 21, 2019 Opinion or Order 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)
November 21, 2019 Opinion or Order Sealed Document (s-550). (drn)
November 20, 2019 Opinion or Order Sealed Document (s-549). (drn)
November 20, 2019 Opinion or Order 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)
November 19, 2019 Opinion or Order 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)
November 19, 2019 Opinion or Order 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)
November 19, 2019 Opinion or Order 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)
November 19, 2019 Opinion or Order 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)
November 15, 2019 Opinion or Order 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)
November 14, 2019 Opinion or Order 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)
November 14, 2019 Opinion or Order 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.
November 11, 2019 Opinion or Order 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.
November 11, 2019 Opinion or Order 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)
November 11, 2019 Opinion or Order 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)
November 11, 2019 Opinion or Order 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)
November 8, 2019 Opinion or Order 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)
November 8, 2019 Opinion or Order 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.
November 7, 2019 Opinion or Order 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)
November 7, 2019 Opinion or Order 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.
November 6, 2019 Opinion or Order 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)
November 6, 2019 Opinion or Order 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).
November 6, 2019 Opinion or Order 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)
November 4, 2019 Opinion or Order 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.
November 1, 2019 Opinion or Order Sealed Document (s-528). (drn)
November 1, 2019 Opinion or Order Sealed Document (s-529). (drn)
November 1, 2019 Opinion or Order ***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).
November 1, 2019 Opinion or Order 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)
November 1, 2019 Opinion or Order 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)
October 31, 2019 Opinion or Order 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)
October 31, 2019 Opinion or Order 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)
October 31, 2019 Opinion or Order 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.
October 31, 2019 Opinion or Order 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).
October 31, 2019 Opinion or Order 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).
October 30, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order 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).
October 29, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order 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)
October 29, 2019 Opinion or Order Filing 509 Joint MOTION for miscellaneous relief, specifically Abate Responses to Motions for Summary Judgment by Albertelli Construction Inc.. (Webb, John)
October 23, 2019 Opinion or Order 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)
October 23, 2019 Opinion or Order 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)
October 21, 2019 Opinion or Order 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)
October 21, 2019 Opinion or Order Sealed Document (s-505). (drn)
October 18, 2019 Opinion or Order Filing 503 RESPONSE to Motion re #424 MOTION to Compel Production of Documents from Certain Defendants filed by Westcore Construction, LLC. (Gollin, Lynn)
October 18, 2019 Opinion or Order Sealed Document (s-504). (drn)
October 17, 2019 Opinion or Order 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)
October 16, 2019 Opinion or Order Sealed Document (s-501). (drn)
October 15, 2019 Opinion or Order 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)
October 15, 2019 Opinion or Order 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)
October 15, 2019 Opinion or Order 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).
October 15, 2019 Opinion or Order 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)
October 11, 2019 Opinion or Order 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.
October 10, 2019 Opinion or Order 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)
October 9, 2019 Opinion or Order 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)
October 9, 2019 Opinion or Order Filing 493 Unopposed MOTION to extend time to File Response by Albertelli Construction Inc.. (Webb, John) Motions referred to Magistrate Judge Mac R. McCoy.
October 3, 2019 Opinion or Order 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)
October 2, 2019 Opinion or Order 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)
October 1, 2019 Opinion or Order 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)
October 1, 2019 Opinion or Order 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).
October 1, 2019 Opinion or Order 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)
September 30, 2019 Opinion or Order 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.
September 27, 2019 Opinion or Order Filing 486 RESPONSE in Opposition re #424 MOTION to Compel Production of Documents from Certain Defendants filed by George Albertelli, Amy Butler. (Post, James)
September 26, 2019 Opinion or Order ***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)
September 26, 2019 Opinion or Order Filing 485 RESPONSE to #425 MOTION to Compel Production of Documents , re 484 Order filed by Brook Kozlowski. (Partlow, Jeffrey)
September 26, 2019 Opinion or Order 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)
September 25, 2019 Opinion or Order 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.
September 25, 2019 Opinion or Order Filing 482 STIPULATION Consent Order Granting Substitution of Attorney by Kerry Heltzel. (Boyd, W.) Modified on 11/5/2019 as to filing event (drn).
September 25, 2019 Opinion or Order 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.
September 24, 2019 Opinion or Order 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).
September 20, 2019 Opinion or Order Filing 479 Emergency MOTION for leave to file under seal by Kevin Burke, Kerry Heltzel, Brook Kozlowski. (Hermosa, Steven)
September 20, 2019 Opinion or Order Filing 478 RESPONSE re #439 MOTION for miscellaneous relief, specifically filed by James Albertelli. (Attachments: #1 Exhibit)(Post, James)
September 20, 2019 Opinion or Order 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.
September 20, 2019 Opinion or Order 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).
September 19, 2019 Opinion or Order 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)
September 19, 2019 Opinion or Order 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)
September 18, 2019 Opinion or Order Filing 473 MOTION for miscellaneous relief, specifically for Oral Argument on Motions for Summary Judgment by Gregory Hilz. (Adams, Alberta)
September 17, 2019 Opinion or Order 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).
September 17, 2019 Opinion or Order 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)
September 17, 2019 Opinion or Order 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).
September 17, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order Filing 464 JOINDER in motion by Gregory Hilz re #460 MOTION for summary judgment filed by Albertelli Construction Inc. . (Adams, Alberta)
September 16, 2019 Opinion or Order Filing 463 NOTICE by Albertelli Construction Inc. re #462 MOTION for summary judgment (Webb, John)
September 16, 2019 Opinion or Order 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).
September 16, 2019 Opinion or Order Filing 461 NOTICE by Albertelli Construction Inc. re #460 MOTION for summary judgment Index to Exhibits (Webb, John)
September 16, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order 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).
September 16, 2019 Opinion or Order Filing 458 Unopposed MOTION for leave to file under seal #456 Motion of Defendant Gregory Hilz for summary judgment by Gregory Hilz. (Adams, Alberta)
September 16, 2019 Opinion or Order Filing 457 SUMMARY JUDGMENT NOTICE re #456 MOTION for summary judgment filed by Gregory Hilz. (MLJ)
September 16, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order 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).
September 16, 2019 Opinion or Order Filing 452 Unopposed MOTION for leave to file Under Seal by Gregory Hilz. (Adams, Alberta)
September 16, 2019 Opinion or Order 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)
September 16, 2019 Opinion or Order 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).
September 16, 2019 Opinion or Order Filing 449 Unopposed MOTION for leave to file under seal by Albertelli Construction Inc.. (Webb, John)
September 13, 2019 Opinion or Order 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.
September 13, 2019 Opinion or Order 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).
September 13, 2019 Opinion or Order 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.
September 13, 2019 Opinion or Order 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).
September 13, 2019 Opinion or Order 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).
September 12, 2019 Opinion or Order 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)
September 9, 2019 Opinion or Order 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)
September 9, 2019 Opinion or Order 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)
September 9, 2019 Opinion or Order Filing 440 MOTION for leave to file by Brook Kozlowski. (Hermosa, Steven)
September 6, 2019 Opinion or Order 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).
September 6, 2019 Opinion or Order 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.
September 6, 2019 Opinion or Order 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.
September 6, 2019 Opinion or Order 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.
September 5, 2019 Opinion or Order Filing 435 NOTICE of Appearance by Steven Edward Hermosa on behalf of Kevin Burke, Kerry Heltzel, Brook Kozlowski (Hermosa, Steven)
September 4, 2019 Opinion or Order 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)
September 4, 2019 Opinion or Order Sealed Document (s-433). (drn)
September 4, 2019 Opinion or Order Sealed Document (s-434). (drn)
August 30, 2019 Opinion or Order 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)
August 30, 2019 Opinion or Order 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)
August 30, 2019 Opinion or Order Filing 429 MOTION for Extension of Time to File Dispositive Motions by Albertelli Construction Inc.. (Webb, John)
August 29, 2019 Opinion or Order 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.
August 29, 2019 Opinion or Order 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)
August 23, 2019 Opinion or Order 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.
August 23, 2019 Opinion or Order 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.
August 23, 2019 Opinion or Order 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.
August 22, 2019 Opinion or Order Filing 423 Joint MOTION to modify or Clarify Order Extending Discovery by Gregory Hilz. (Adams, Alberta)
August 14, 2019 Opinion or Order 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)
August 13, 2019 Opinion or Order 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.
August 7, 2019 Opinion or Order 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)
August 7, 2019 Opinion or Order ***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)
August 5, 2019 Opinion or Order 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)
August 5, 2019 Opinion or Order 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)
August 5, 2019 Opinion or Order 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)
August 1, 2019 Opinion or Order 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)
August 1, 2019 Opinion or Order 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.
July 30, 2019 Opinion or Order 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)
July 29, 2019 Opinion or Order ***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)
July 28, 2019 Opinion or Order 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)
July 25, 2019 Opinion or Order 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)
July 23, 2019 Opinion or Order 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)
July 22, 2019 Opinion or Order 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.
July 13, 2019 Opinion or Order 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)
July 12, 2019 Opinion or Order 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)
July 12, 2019 Opinion or Order 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)
July 12, 2019 Opinion or Order 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.
July 3, 2019 Opinion or Order 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)
July 2, 2019 Opinion or Order 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.
June 27, 2019 Opinion or Order Filing 403 NOTICE of Appearance by Jeffrey Michael Partlow on behalf of Kevin Burke, Kerry Heltzel, Brook Kozlowski (Partlow, Jeffrey)
June 26, 2019 Opinion or Order 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)
June 26, 2019 Opinion or Order 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)
June 26, 2019 Opinion or Order 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.
June 26, 2019 Opinion or Order 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.
June 25, 2019 Opinion or Order 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)
June 25, 2019 Opinion or Order Sealed Document (S-383) (RMT)
June 24, 2019 Opinion or Order 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)
June 21, 2019 Opinion or Order 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)
June 21, 2019 Opinion or Order 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.
June 21, 2019 Opinion or Order 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)
June 20, 2019 Opinion or Order 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)
June 18, 2019 Opinion or Order 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)
June 18, 2019 Opinion or Order 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)
June 17, 2019 Opinion or Order 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.
June 17, 2019 Opinion or Order 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).
June 17, 2019 Opinion or Order 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.
June 17, 2019 Opinion or Order 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).
June 12, 2019 Opinion or Order Filing 385 STIPULATION for Substitution of Counsel by Albertelli Construction Inc.. (Webb, John) Modified on 6/18/2019 (RMT).
June 12, 2019 Opinion or Order 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)
June 10, 2019 Opinion or Order Filing 383 NOTICE of Appearance by Robert Craig Graham on behalf of Gregory Hilz (Graham, Robert)
June 5, 2019 Opinion or Order Sealed Document [s-382]. (drn)
June 4, 2019 Opinion or Order 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)
June 4, 2019 Opinion or Order 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)
May 31, 2019 Opinion or Order 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)
May 30, 2019 Opinion or Order 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)
May 30, 2019 Opinion or Order 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)
May 30, 2019 Opinion or Order 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)
May 29, 2019 Opinion or Order Sealed Document (s-375). (MLS)
May 29, 2019 Opinion or Order 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)
May 29, 2019 Opinion or Order 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)
May 28, 2019 Opinion or Order 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)
May 28, 2019 Opinion or Order 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.
May 21, 2019 Opinion or Order 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).
May 21, 2019 Opinion or Order ***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)
May 20, 2019 Opinion or Order 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)
May 17, 2019 Opinion or Order 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)
May 16, 2019 Opinion or Order 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)
May 16, 2019 Opinion or Order 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)
May 15, 2019 Opinion or Order Filing 363 SUMMARY JUDGMENT NOTICE re #362 CROSS-MOTION for summary judgment (drn)
May 14, 2019 Opinion or Order Filing 362 CROSS-MOTION for summary judgment on Count IV by George Albertelli. (drn)
May 14, 2019 Opinion or Order 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)
May 14, 2019 Opinion or Order 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)
May 14, 2019 Opinion or Order 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)
May 14, 2019 Opinion or Order 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)
May 14, 2019 Opinion or Order 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)
May 13, 2019 Opinion or Order 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)
May 13, 2019 Opinion or Order 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)
May 13, 2019 Opinion or Order 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).
May 13, 2019 Opinion or Order 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)
May 13, 2019 Opinion or Order 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)
May 13, 2019 Opinion or Order 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)
May 10, 2019 Opinion or Order 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)
May 10, 2019 Opinion or Order 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)
May 9, 2019 Opinion or Order 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)
May 9, 2019 Opinion or Order 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.
May 9, 2019 Opinion or Order Filing 346 STIPULATION Consent Order Granting Substitution of Attorneys by Kevin Burke, Kerry Heltzel, Brook Kozlowski. (Beebe, Brooke)
May 8, 2019 Opinion or Order 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)
May 7, 2019 Opinion or Order 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)
May 2, 2019 Opinion or Order Filing 342 NOTICE of Appearance by Alberta L. Adams on behalf of Gregory Hilz (Adams, Alberta)
May 1, 2019 Opinion or Order 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).
May 1, 2019 Opinion or Order 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).
April 29, 2019 Opinion or Order 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)
April 26, 2019 Opinion or Order 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)
April 26, 2019 Opinion or Order 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.
April 25, 2019 Opinion or Order Filing 336 NOTICE by Gregory Hilz of Special Admission Attorney Certification for James P. Miller (Hewitt, Miesha)
April 25, 2019 Opinion or Order Filing 335 MEDIATION report Hearing held on April 9 & 10, 2019. Hearing outcome: Impasse.. (Hamera, Jeffrey)
April 24, 2019 Opinion or Order 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)
April 23, 2019 Opinion or Order 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)
April 18, 2019 Opinion or Order 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)
April 18, 2019 Opinion or Order 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)
April 18, 2019 Opinion or Order 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.
April 18, 2019 Opinion or Order 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.
April 17, 2019 Opinion or Order Filing 328 MEMORANDUM in opposition re #303 Motion to dismiss Fourth Amended Counterclaim and Third Party Complaint filed by Albertelli Construction Inc.. (Henderson, Reese)
April 17, 2019 Opinion or Order Filing 327 MEMORANDUM in opposition re #298 Motion to dismiss for failure to state a claim filed by Albertelli Construction Inc.. (Henderson, Reese)
April 17, 2019 Opinion or Order Filing 326 MEMORANDUM in opposition re #302 Motion to dismiss Fourth Amended Counterclaim and Third Party Complaint filed by Albertelli Construction Inc.. (Henderson, Reese)
April 16, 2019 Opinion or Order 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)
April 12, 2019 Opinion or Order Filing 324 MOTION for leave to file under seal by KMM Construction of Florida, LLC. (Webb, John)
April 8, 2019 Opinion or Order Filing 323 NOTICE of Appearance by Callie Elizabeth Waers on behalf of Kevin Burke, Kerry Heltzel, Brook Kozlowski (Waers, Callie)
April 8, 2019 Opinion or Order 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)
April 5, 2019 Opinion or Order 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)
April 5, 2019 Opinion or Order Filing 320 ORDER denying #268 motion to dismiss. Signed by Judge Sheri Polster Chappell on 4/5/2019. (DH)
April 3, 2019 Opinion or Order 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)
April 3, 2019 Opinion or Order 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)
April 3, 2019 Opinion or Order 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)
April 3, 2019 Opinion or Order 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.
April 3, 2019 Opinion or Order 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.
April 3, 2019 Opinion or Order 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.
March 27, 2019 Opinion or Order 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)
March 27, 2019 Opinion or Order 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.
March 21, 2019 Opinion or Order 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)
March 21, 2019 Opinion or Order 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)
March 21, 2019 Opinion or Order 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.
March 21, 2019 Opinion or Order 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.
March 20, 2019 Opinion or Order Sealed Document [s-307]. (drn)
March 18, 2019 Opinion or Order 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)
March 12, 2019 Opinion or Order 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)
March 12, 2019 Opinion or Order 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.
March 8, 2019 Opinion or Order Filing 303 MOTION to Dismiss ACI'S FOURTH AMENDED COUNTERCLAIM AND THIRD PARTY COMPLAINT by Continental Properties Group, Inc.. (Hamera, Jeffrey)
March 8, 2019 Opinion or Order 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)
March 4, 2019 Opinion or Order 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)
February 28, 2019 Opinion or Order Filing 300 Amended MOTION for leave to file under seal by Angelo Eguizabal. (Syed, Asghar)
February 27, 2019 Opinion or Order Filing 299 MOTION for leave to file under seal by Angelo Eguizabal. (Syed, Asghar)
February 27, 2019 Opinion or Order Filing 298 MOTION to dismiss for failure to state a claim by Angelo Eguizabal. (Syed, Asghar)
February 26, 2019 Opinion or Order 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)
February 26, 2019 Opinion or Order 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.
February 25, 2019 Opinion or Order 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)
February 13, 2019 Opinion or Order 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)
February 11, 2019 Opinion or Order 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)
February 11, 2019 Opinion or Order 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)
February 11, 2019 Opinion or Order 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)
February 8, 2019 Opinion or Order 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)
February 8, 2019 Opinion or Order Filing 289 RESPONSE in Opposition re #268 MOTION to Dismiss complaint filed by KMM Construction of Florida, LLC. (Attachments: #1 Exhibit)(Webb, John)
February 7, 2019 Opinion or Order 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)
February 7, 2019 Opinion or Order 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)
February 6, 2019 Opinion or Order 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)
February 4, 2019 Opinion or Order 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)
January 31, 2019 Opinion or Order 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)
January 31, 2019 Opinion or Order 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.
January 28, 2019 Opinion or Order 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)
January 25, 2019 Opinion or Order 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)
January 25, 2019 Opinion or Order 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.
January 25, 2019 Opinion or Order Filing 279 NOTICE of Appearance by Brooke E. Beebe on behalf of Brook Kozlowski, Kerry Heltzel, Kevin Burke (Beebe, Brooke)
January 24, 2019 Opinion or Order 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)
January 24, 2019 Opinion or Order 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.
January 23, 2019 Opinion or Order 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)
January 23, 2019 Opinion or Order 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.
January 17, 2019 Opinion or Order Filing 274 NOTICE of compliance re #272 Court Order by Gregory Hilz (Greenberg, Alan) Modified on 1/17/2019 as to docket text (MLS).
January 11, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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)
January 9, 2019 Opinion or Order 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.
January 9, 2019 Opinion or Order ***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)
January 8, 2019 Opinion or Order 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)
January 8, 2019 Opinion or Order Filing 269 NOTICE to counsel of Local Rule 2.02, as to Alan A. Greenberg (signed by deputy clerk). (SPB)
January 3, 2019 Opinion or Order 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)
January 2, 2019 Opinion or Order 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)
January 2, 2019 Opinion or Order 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)
January 2, 2019 Opinion or Order ***PRO HAC VICE FEES paid by attorney Thomas C. Rickeman, appearing on behalf of Gregory Hilz (Filing fee $150 receipt number FtM013338.). (MLS)
January 2, 2019 Opinion or Order 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.
December 31, 2018 Opinion or Order 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)
December 31, 2018 Opinion or Order 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)
December 27, 2018 Opinion or Order 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)
December 27, 2018 Opinion or Order 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).
December 21, 2018 Opinion or Order 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)
December 19, 2018 Opinion or Order 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)
December 19, 2018 Opinion or Order 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)
December 18, 2018 Opinion or Order 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)
December 18, 2018 Opinion or Order 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)
December 18, 2018 Opinion or Order Filing 255 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Gregory Hilz.(Hewitt, Miesha)
December 5, 2018 Opinion or Order 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)
December 4, 2018 Opinion or Order 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)
December 3, 2018 Opinion or Order 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).
December 3, 2018 Opinion or Order 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)
November 30, 2018 Opinion or Order 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)
November 29, 2018 Opinion or Order 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).
November 26, 2018 Opinion or Order 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)
November 20, 2018 Opinion or Order 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)
November 20, 2018 Opinion or Order Filing 246 AMENDED COUNTERCLAIM against Continental 347 Fund LLC, Continental 355 Fund LLC, Continental Development Company, Inc. filed by Westcore Construction, LLC.(MLS)
November 20, 2018 Opinion or Order 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)
November 20, 2018 Opinion or Order 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)
November 20, 2018 Opinion or Order Filing 243 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Westcore Construction, LLC.(Webb, John)
November 20, 2018 Opinion or Order Filing 242 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Westcore Construction, L.L.C..(Webb, John)
November 20, 2018 Opinion or Order Filing 241 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by John Salat.(Webb, John)
November 20, 2018 Opinion or Order Filing 240 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by MFDC, LLC.(Webb, John)
November 20, 2018 Opinion or Order Filing 239 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Brook Kozlowski.(Webb, John)
November 20, 2018 Opinion or Order Filing 238 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by KMM Construction, LLC.(Webb, John)
November 20, 2018 Opinion or Order Filing 237 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Kerry Heltzel.(Webb, John)
November 20, 2018 Opinion or Order 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)
November 20, 2018 Opinion or Order Filing 235 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Kevin Burke.(Webb, John)
November 19, 2018 Opinion or Order Filing 234 SUMMONS issued as to Gregory Hilz. (drn)
November 16, 2018 Opinion or Order Filing 233 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Amy Butler.(Post, James)
November 16, 2018 Opinion or Order Filing 232 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by George Albertelli.(Post, James)
November 16, 2018 Opinion or Order 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)
November 16, 2018 Opinion or Order 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.
November 16, 2018 Opinion or Order Filing 229 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by Albertelli Construction Inc..(Henderson, Reese)
November 16, 2018 Opinion or Order 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)
November 16, 2018 Opinion or Order Filing 227 ANSWER and affirmative defenses with Jury Demand to #218 Amended Complaint by David Albertelli.(Henderson, Reese)
November 14, 2018 Opinion or Order 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)
November 14, 2018 Opinion or Order Filing 225 Unopposed MOTION for Extension of Time to File Third Amended Counterclaim and to Add Party by Albertelli Construction Inc.. (Henderson, Reese)
November 9, 2018 Opinion or Order 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)
November 8, 2018 Opinion or Order 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)
November 7, 2018 Opinion or Order 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)
November 7, 2018 Opinion or Order 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.
November 7, 2018 Opinion or Order 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)
November 2, 2018 Opinion or Order 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)
November 2, 2018 Opinion or Order 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)
November 2, 2018 Opinion or Order 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)
October 31, 2018 Opinion or Order 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)
October 31, 2018 Opinion or Order 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)
October 31, 2018 Opinion or Order 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)
October 24, 2018 Opinion or Order 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)
October 24, 2018 Opinion or Order 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)
October 24, 2018 Opinion or Order 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.
October 22, 2018 Opinion or Order 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)
October 19, 2018 Opinion or Order Filing 209 Unopposed MOTION for Extension of Time to File by KMM Construction, LLC, National Framing, LLC, Westcore Construction, LLC. (Webb, John)
October 16, 2018 Opinion or Order Filing 208 NOTICE of change of address by James H. Post (Post, James)
October 12, 2018 Opinion or Order 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)
October 11, 2018 Opinion or Order 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.
October 10, 2018 Opinion or Order 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)
October 9, 2018 Opinion or Order 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.
September 27, 2018 Opinion or Order 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)
September 27, 2018 Opinion or Order 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.
September 26, 2018 Opinion or Order 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)
September 26, 2018 Opinion or Order 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)
September 25, 2018 Opinion or Order Filing 199 Unopposed MOTION for leave to file Second Amended Counterclaim by Albertelli Construction Inc.. (Attachments: #1 Second Amended Counterclaim)(Henderson, Reese)
September 14, 2018 Opinion or Order 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)
September 5, 2018 Opinion or Order 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).
September 5, 2018 Opinion or Order 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).
September 5, 2018 Opinion or Order 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)
September 4, 2018 Opinion or Order 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.
September 4, 2018 Opinion or Order 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).
September 4, 2018 Opinion or Order 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).
August 29, 2018 Opinion or Order 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)
August 20, 2018 Opinion or Order 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)
August 20, 2018 Opinion or Order 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)
August 20, 2018 Opinion or Order 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)
August 16, 2018 Opinion or Order 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)
August 16, 2018 Opinion or Order 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)
August 16, 2018 Opinion or Order Filing 185 SUMMONS issued as to Continental Properties Group, Inc.. (drn)
August 15, 2018 Opinion or Order Filing 184 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by MFDC, LLC.(Webb, John)
August 14, 2018 Opinion or Order Filing 183 NOTICE by Albertelli Construction Inc. Summons to Be Issued as to Continental Properties Group, Inc. (Henderson, Reese)
August 14, 2018 Opinion or Order 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)
August 13, 2018 Opinion or Order 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)
August 7, 2018 Opinion or Order 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)
August 7, 2018 Opinion or Order 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)
August 3, 2018 Opinion or Order 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)
August 2, 2018 Opinion or Order 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)
July 30, 2018 Opinion or Order 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)
July 30, 2018 Opinion or Order Filing 175 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Brook Kozlowski.(Webb, John)
July 30, 2018 Opinion or Order Filing 174 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Westcore Construction, LLC.(Webb, John)
July 30, 2018 Opinion or Order Filing 173 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Westcore Construction, L.L.C..(Webb, John)
July 30, 2018 Opinion or Order Filing 172 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by John Salat.(Webb, John)
July 30, 2018 Opinion or Order Filing 171 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by KMM Construction, LLC, National Framing, LLC.(Webb, John)
July 30, 2018 Opinion or Order Filing 170 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Kerry Heltzel.(Webb, John)
July 30, 2018 Opinion or Order 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)
July 30, 2018 Opinion or Order Filing 168 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Kevin Burke.(Webb, John)
July 25, 2018 Opinion or Order Filing 167 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Amy Butler.(Post, James)
July 25, 2018 Opinion or Order Filing 166 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by George Albertelli.(Post, James)
July 25, 2018 Opinion or Order 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)
July 25, 2018 Opinion or Order 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.
July 20, 2018 Opinion or Order 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)
July 20, 2018 Opinion or Order 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.
July 20, 2018 Opinion or Order Filing 161 MOTION for Extension of Time to File Counterclaim by Albertelli Construction Inc.. (Henderson, Reese)
July 20, 2018 Opinion or Order Filing 160 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by Albertelli Construction Inc..(Henderson, Reese)
July 20, 2018 Opinion or Order Filing 159 ANSWER and affirmative defenses with Jury Demand to #117 Amended Complaint by David Albertelli.(Henderson, Reese)
July 11, 2018 Opinion or Order 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)
July 9, 2018 Opinion or Order 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)
July 9, 2018 Opinion or Order 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.
July 9, 2018 Opinion or Order 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)
July 9, 2018 Opinion or Order 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.
July 5, 2018 Opinion or Order 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)
June 22, 2018 Opinion or Order 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)
June 21, 2018 Opinion or Order 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).
June 21, 2018 Opinion or Order 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.
June 21, 2018 Opinion or Order 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)
June 20, 2018 Opinion or Order 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.
June 19, 2018 Opinion or Order 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).
June 19, 2018 Opinion or Order 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)
June 19, 2018 Opinion or Order 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.
June 11, 2018 Opinion or Order 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)
May 9, 2018 Opinion or Order 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)
May 9, 2018 Opinion or Order 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)
May 7, 2018 Opinion or Order Filing 141 MOTION for leave to file An Omnibus Response by All Plaintiffs. (Hamera, Jeffrey)
April 24, 2018 Opinion or Order 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)
April 23, 2018 Opinion or Order Filing 139 MOTION for Extension of Time to File Responses to Motions to Dismiss by All Plaintiffs. (Hamera, Jeffrey)
April 20, 2018 Opinion or Order Filing 138 MOTION for Joinder in Motions to Dismiss by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese)
April 13, 2018 Opinion or Order 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)
April 13, 2018 Opinion or Order Filing 136 MOTION to Dismiss the Third Amended Complaint by Amy Butler. (Attachments: #1 Exhibit 1)(Post, James)
April 13, 2018 Opinion or Order Filing 135 MOTION to Dismiss the Third Amended Complaint by George Albertelli. (Attachments: #1 Exhibit 1)(Post, James)
April 10, 2018 Opinion or Order 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)
April 10, 2018 Opinion or Order 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)
April 10, 2018 Opinion or Order 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)
April 10, 2018 Opinion or Order 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.
April 10, 2018 Opinion or Order Filing 130 MOTION to Dismiss Third Amended Verified Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese)
April 4, 2018 Opinion or Order 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)
April 4, 2018 Opinion or Order 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)
April 2, 2018 Opinion or Order 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)
April 2, 2018 Opinion or Order Filing 126 Confidentiality and Protective Stipulation and Order. Signed by Magistrate Judge Mac R. McCoy on 4/2/2018. (brh)
April 2, 2018 Opinion or Order 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)
April 2, 2018 Opinion or Order 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)
April 2, 2018 Opinion or Order Filing 123 Consent MOTION for Extension of Time to File Response to Third Amended Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese)
March 22, 2018 Opinion or Order 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)
March 22, 2018 Opinion or Order 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.
March 22, 2018 Opinion or Order 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.
March 19, 2018 Opinion or Order 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)
March 19, 2018 Opinion or Order 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.
March 6, 2018 Opinion or Order 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)
February 28, 2018 Opinion or Order 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)
February 26, 2018 Opinion or Order 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)
February 22, 2018 Opinion or Order 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)
February 22, 2018 Opinion or Order 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)
February 20, 2018 Opinion or Order 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)
February 16, 2018 Opinion or Order Filing 111 ORDER denying as moot #94 Joint Motion to Stay Discovery. Signed by Magistrate Judge Mac R. McCoy on 2/16/2018. (brh)
February 13, 2018 Opinion or Order 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)
December 19, 2017 Opinion or Order 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)
December 18, 2017 Opinion or Order 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)
December 15, 2017 Opinion or Order 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)
December 8, 2017 Opinion or Order 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)
December 7, 2017 Opinion or Order 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)
December 7, 2017 Opinion or Order Filing 104 CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D)(Hamera, Jeffrey)
December 6, 2017 Opinion or Order 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)
December 5, 2017 Opinion or Order 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)
December 4, 2017 Opinion or Order 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)
December 1, 2017 Opinion or Order 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)
November 30, 2017 Opinion or Order 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)
November 24, 2017 Opinion or Order 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)
November 20, 2017 Opinion or Order 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)
November 13, 2017 Opinion or Order 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)
November 13, 2017 Opinion or Order 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)
November 10, 2017 Opinion or Order 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.
November 9, 2017 Opinion or Order 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)
November 6, 2017 Opinion or Order Filing 92 MOTION for miscellaneous relief, specifically Unopposed Motion for Leave to File Omnibus Response by All Plaintiffs. (Hamera, Jeffrey)
October 23, 2017 Opinion or Order 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)
October 19, 2017 Opinion or Order 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)
October 19, 2017 Opinion or Order 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.
October 11, 2017 Opinion or Order 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)
October 11, 2017 Opinion or Order Filing 87 MOTION to Dismiss Second Amended Complaint by Kerry Heltzel. (Webb, John)
October 11, 2017 Opinion or Order Filing 86 MOTION to Dismiss Second Amended Complaint by John Salat. (Webb, John)
October 11, 2017 Opinion or Order Filing 85 MOTION to Dismiss Second Amended Complaint by Kevin Burke. (Webb, John)
October 11, 2017 Opinion or Order Filing 84 MOTION to Dismiss Second Amended Complaint by Brook Kozlowski. (Webb, John)
October 11, 2017 Opinion or Order Filing 83 MOTION to Dismiss Second Amended Complaint by Amy Butler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Post, James)
October 11, 2017 Opinion or Order Filing 82 MOTION to Dismiss Second Amended Complaint by George Albertelli. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Post, James)
October 11, 2017 Opinion or Order Filing 81 MOTION to Dismiss Second Amended Verified Complaint and Motion to Strike by Albertelli Construction Inc.. (Henderson, Reese)
October 11, 2017 Opinion or Order 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)
October 5, 2017 Opinion or Order 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)
October 5, 2017 Opinion or Order 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.
September 15, 2017 Opinion or Order 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)
September 14, 2017 Opinion or Order 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.
September 7, 2017 Opinion or Order 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)
September 6, 2017 Opinion or Order 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)
September 5, 2017 Opinion or Order Filing 73 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by Westcore Construction, L.L.C.. (Webb, John)
September 5, 2017 Opinion or Order Filing 72 NOTICE of change of address by John D. Webb (Webb, John)
August 30, 2017 Opinion or Order 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)
August 29, 2017 Opinion or Order 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).
August 24, 2017 Opinion or Order Filing 69 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by Amy Butler. (Post, James)
August 24, 2017 Opinion or Order Filing 68 CERTIFICATE of interested persons and corporate disclosure statement re #64 Interested persons order by George Albertelli. (Post, James)
August 23, 2017 Opinion or Order 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)
August 23, 2017 Opinion or Order 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)
August 23, 2017 Opinion or Order 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)
August 22, 2017 Opinion or Order 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)
August 21, 2017 Opinion or Order 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)
August 21, 2017 Opinion or Order 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.
August 21, 2017 Opinion or Order Filing 61 NOTICE of Appearance by John D. Webb on behalf of Westcore Construction, L.L.C. (Webb, John)
August 17, 2017 Opinion or Order Filing 60 NOTICE of Appearance by James H. Post on behalf of Amy Butler, George Albertelli (Post, James)
August 15, 2017 Opinion or Order 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)
August 15, 2017 Opinion or Order 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)
August 7, 2017 Opinion or Order 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)
August 1, 2017 Opinion or Order 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)
July 31, 2017 Opinion or Order 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).
July 31, 2017 Opinion or Order 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).
July 27, 2017 Opinion or Order Filing 53 SUMMONS issued as to Westcore Construction, L.L.C.. (drn)
July 27, 2017 Opinion or Order Filing 52 SUMMONS issued as to MFDC, LLC. (drn)
July 25, 2017 Opinion or Order 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)
July 25, 2017 Opinion or Order 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.
July 11, 2017 Opinion or Order 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)
June 30, 2017 Opinion or Order 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)
June 29, 2017 Opinion or Order 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)
June 29, 2017 Opinion or Order 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)
June 9, 2017 Opinion or Order 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)
June 8, 2017 Opinion or Order 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.
May 23, 2017 Opinion or Order 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)
May 22, 2017 Opinion or Order Filing 42 MOTION for Extension of Time to File 06/09/2017 by All Plaintiffs. (Hamera, Jeffrey)
May 12, 2017 Opinion or Order Filing 41 MOTION to Dismiss Amended Verified Complaint by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese)
May 4, 2017 Opinion or Order 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)
May 4, 2017 Opinion or Order 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.
April 18, 2017 Opinion or Order 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)
April 18, 2017 Opinion or Order 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)
March 28, 2017 Opinion or Order 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)
March 28, 2017 Opinion or Order 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)
March 28, 2017 Opinion or Order Filing 34 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 3/28/2017. (Digital) (jmc)
March 22, 2017 Opinion or Order Filing 33 NOTICE by David Albertelli, Albertelli Construction Inc. re #32 MOTION to Change Venue (Attachments: #1 Affidavit David Albertelli)(Henderson, Reese)
March 22, 2017 Opinion or Order Filing 32 MOTION to Change Venue by All Defendants. (Henderson, Reese) Motions referred to Magistrate Judge Mac R. McCoy.
March 22, 2017 Opinion or Order Filing 31 MOTION to Strike #1 Complaint by All Defendants. (Henderson, Reese)
March 22, 2017 Opinion or Order Filing 30 MOTION to Dismiss Complaint by All Defendants. (Henderson, Reese)
March 20, 2017 Opinion or Order Filing 29 CASE MANAGEMENT REPORT. (Hamera, Jeffrey)
March 14, 2017 Opinion or Order 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)
March 14, 2017 Opinion or Order 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.
March 13, 2017 Opinion or Order 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)
March 13, 2017 Opinion or Order 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.
February 28, 2017 Opinion or Order Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by David Albertelli, Albertelli Construction Inc.. (Henderson, Reese)
February 23, 2017 Opinion or Order 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)
February 22, 2017 Opinion or Order Filing 22 Unopposed MOTION for Extension of Time to File Response to Complaint by All Defendants. (Henderson, Reese)
February 14, 2017 Opinion or Order 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)
February 14, 2017 Opinion or Order 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.
February 14, 2017 Opinion or Order 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)
February 13, 2017 Opinion or Order Filing 18 NOTICE by David Albertelli, Albertelli Construction Inc. Acceptance of Service (Henderson, Reese)
February 13, 2017 Opinion or Order Filing 17 NOTICE of Appearance by Reese J. Henderson, Jr on behalf of David Albertelli, Albertelli Construction Inc. (Henderson, Reese)
February 9, 2017 Opinion or Order 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)
February 9, 2017 Opinion or Order 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)
February 9, 2017 Opinion or Order 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)
February 9, 2017 Opinion or Order ***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)
February 8, 2017 Opinion or Order ***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)
February 7, 2017 Opinion or Order 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)
February 6, 2017 Opinion or Order 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)
February 6, 2017 Opinion or Order 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.
February 6, 2017 Opinion or Order 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.
February 3, 2017 Opinion or Order ***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)
January 31, 2017 Opinion or Order 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)
January 31, 2017 Opinion or Order 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.
January 30, 2017 Opinion or Order 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.
January 26, 2017 Opinion or Order 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)
January 26, 2017 Opinion or Order 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)
January 24, 2017 Opinion or Order Filing 4 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 1/24/2017. (RMT)
January 24, 2017 Opinion or Order Filing 3 SUMMONS issued as to David Albertelli. (RMT)
January 24, 2017 Opinion or Order Filing 2 SUMMONS issued as to Albertelli Construction Inc. (RMT)
January 24, 2017 Opinion or Order 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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Search for this case: Continental 332 Fund, LLC et al v. Kozlowski
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Plaintiff: Continental 332 Fund, LLC
Represented By: Alvin D. Lodish
Represented By: Benjamin A. Johnston
Represented By: Christopher T. Grohman
Represented By: George D. Niespolo
Represented By: Jeffrey L. Hamera
Represented By: Justin J. D'Elia
Represented By: Keith M. St. Aubin
Represented By: Larry Selander
Represented By: Melissa S. Geller
Represented By: Michael J. Shuman
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Plaintiff: KMM Construction of Florida, LLC
Represented By: Daniel Alberto Garcia
Represented By: Jeffrey L. Hamera
Represented By: John D. Webb
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Plaintiff: Continental 298 Fund LLC
Represented By: Alvin D. Lodish
Represented By: Benjamin A. Johnston
Represented By: Christopher T. Grohman
Represented By: George D. Niespolo
Represented By: Jeffrey L. Hamera
Represented By: Justin J. D'Elia
Represented By: Keith M. St. Aubin
Represented By: Larry Selander
Represented By: Melissa S. Geller
Represented By: Michael J. Shuman
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Plaintiff: Continental 306 Fund LLC
Represented By: Jeffrey L. Hamera
Represented By: Justin J. D'Elia
Represented By: Alvin D. Lodish
Represented By: Benjamin A. Johnston
Represented By: Christopher T. Grohman
Represented By: George D. Niespolo
Represented By: Keith M. St. Aubin
Represented By: Larry Selander
Represented By: Melissa S. Geller
Represented By: Michael J. Shuman
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Plaintiff: Continental 326 Fund LLC
Represented By: Alvin D. Lodish
Represented By: Benjamin A. Johnston
Represented By: Christopher T. Grohman
Represented By: George D. Niespolo
Represented By: Jeffrey L. Hamera
Represented By: Justin J. D'Elia
Represented By: Keith M. St. Aubin
Represented By: Larry Selander
Represented By: Melissa S. Geller
Represented By: Michael J. Shuman
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Plaintiff: Continental 347 Fund LLC
Represented By: Alvin D. Lodish
Represented By: Benjamin A. Johnston
Represented By: Christopher T. Grohman
Represented By: George D. Niespolo
Represented By: Jeffrey L. Hamera
Represented By: Justin J. D'Elia
Represented By: Keith M. St. Aubin
Represented By: Larry Selander
Represented By: Melissa S. Geller
Represented By: Michael J. Shuman
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Plaintiff: Continental 355 Fund LLC
Represented By: Alvin D. Lodish
Represented By: Benjamin A. Johnston
Represented By: Christopher T. Grohman
Represented By: George D. Niespolo
Represented By: Jeffrey L. Hamera
Represented By: Justin J. D'Elia
Represented By: Larry Selander
Represented By: Keith M. St. Aubin
Represented By: Melissa S. Geller
Represented By: Michael J. Shuman
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Plaintiff: Continental 342 Fund LLC
Represented By: Alvin D. Lodish
Represented By: Benjamin A. Johnston
Represented By: Christopher T. Grohman
Represented By: George D. Niespolo
Represented By: Larry Selander
Represented By: Jeffrey L. Hamera
Represented By: Melissa S. Geller
Represented By: Justin J. D'Elia
Represented By: Keith M. St. Aubin
Represented By: Michael J. Shuman
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Plaintiff: Continental 245 Fund LLC
Represented By: Alvin D. Lodish
Represented By: Benjamin A. Johnston
Represented By: Christopher T. Grohman
Represented By: Jeffrey L. Hamera
Represented By: Justin J. D'Elia
Represented By: Keith M. St. Aubin
Represented By: George D. Niespolo
Represented By: Larry Selander
Represented By: Melissa S. Geller
Represented By: Michael J. Shuman
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Defendant: Albertelli
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Defendant: KMM Construction, LLC
Represented By: Alberta L. Adams
Represented By: Ari Shapiro
Represented By: Daniel Alberto Garcia
Represented By: John D. Webb
Represented By: Lynn Maynard Gollin
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Defendant: David Albertelli
Represented By: Alberta L. Adams
Represented By: Lynn Maynard Gollin
Represented By: Thomas R. Olson
Represented By: John D. Webb
Represented By: Reese J. Henderson, Jr.
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Defendant: Albertelli Construction Inc.
Represented By: John D. Webb
Represented By: Alberta L. Adams
Represented By: Lynn Maynard Gollin
Represented By: Thomas R. Olson
Represented By: Reese J. Henderson, Jr.
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Defendant: Westcore Construction, LLC
Represented By: Alberta L. Adams
Represented By: Ari Shapiro
Represented By: Daniel Alberto Garcia
Represented By: John D. Webb
Represented By: Lynn Maynard Gollin
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Defendant: National Framing, LLC
Represented By: Alberta L. Adams
Represented By: John D. Webb
Represented By: Lynn Maynard Gollin
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Defendant: MFDC, LLC
Represented By: Alberta L. Adams
Represented By: John D. Webb
Represented By: Lynn Maynard Gollin
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Defendant: Team CCR, LLC
Represented By: John D. Webb
Represented By: Alberta L. Adams
Represented By: Lynn Maynard Gollin
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Defendant: Brook Kozlowski
Represented By: Abbye Erika Alexander
Represented By: Brooke E. Beebe
Represented By: Bruce S. Liebman
Represented By: Callie Elizabeth Waers
Represented By: Jeffrey Michael Partlow
Represented By: John D. Webb
Represented By: Kevin Patrick Yombor
Represented By: Steven Edward Hermosa
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Defendant: John Salat
Represented By: John D. Webb
Represented By: Lynn Maynard Gollin
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Defendant: Kevin Burke
Represented By: Brooke E. Beebe
Represented By: Callie Elizabeth Waers
Represented By: John D. Webb
Represented By: Jeffrey Michael Partlow
Represented By: Matthew N. Foree
Represented By: Michael P. Bruyere
Represented By: Steven Edward Hermosa
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Defendant: Angelo Equizabal
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Defendant: Bravo21, LLC
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Defendant: Kerry Heltzel
Represented By: John D. Webb
Represented By: Steven Edward Hermosa
Represented By: W. Todd Boyd
Represented By: Brooke E. Beebe
Represented By: Callie Elizabeth Waers
Represented By: Jeffrey Michael Partlow
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Defendant: Amy Butler
Represented By: Alberta L. Adams
Represented By: Allan E. Wulbern
Represented By: James H. Post
Represented By: John D. Webb
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Defendant: US Construction Trust
Represented By: Alberta L. Adams
Represented By: John D. Webb
Represented By: Lynn Maynard Gollin
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Defendant: Foundation Management, LLC
Represented By: Alberta L. Adams
Represented By: Ari Shapiro
Represented By: Daniel Alberto Garcia
Represented By: John D. Webb
Represented By: Lynn Maynard Gollin
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Defendant: George Albertelli
Represented By: Alberta L. Adams
Represented By: Allan E. Wulbern
Represented By: James H. Post
Represented By: John D. Webb
Represented By: R. Christopher Dix
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Defendant: Gregory Hilz
Represented By: Alan A. Greenberg
Represented By: Alberta L. Adams
Represented By: George Hayward Knott
Represented By: James P. Miller
Represented By: Miesha Hewitt
Represented By: Robert Craig Graham
Represented By: Thomas C. Rickeman
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Defendant: Great American Insurance Company
Represented By: Jeffrey L. Hamera
Represented By: Michael J. Shuman
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Defendant: James Albertelli
Represented By: James H. Post
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Defendant: Albertelli Law
Represented By: James H. Post
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3rd party defendant: Continental Properties Group, Inc.
Represented By: Jeffrey L. Hamera
Represented By: Michael J. Shuman
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3rd party defendant: Continental Properties Company, Inc.
Represented By: Jeffrey L. Hamera
Represented By: Michael J. Shuman
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3rd party defendant: Angelo Eguizabal
Represented By: Asghar A. Syed
Represented By: Lauren Vickroy Purdy
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Counter defendant: Continental Development Company, Inc.
Represented By: Benjamin A. Johnston
Represented By: Jeffrey L. Hamera
Represented By: Michael J. Shuman
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