Diaz v. The Courtyards at Quail Woods Condominium Association, Inc. et al
| Graciela Diaz, Graciela Diaz Mainza and Graciela N. Susi |
| Paramount Property Management of Naples, Inc., Directors Choice, LLC, The Courtyards at Quail Woods Condominium Association, inc. and Goede, Adamczyk, Deboest & Cross, PLLC |
| 2:2019cv00757 |
| October 17, 2019 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Nicholas P Mizell |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Both |
Docket Report
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This docket was last retrieved on May 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 68 Joint STIPULATION for Dismissal with prejudice by Graciela Diaz. (LoTempio, Joseph) |
Filing 67
ENDORSED ORDER: On the basis of the "Joint Notice of Settlement" (Doc. #66), this cause is hereby dismissed without prejudice as to Defendant Goede, Adamczyk, Deboest & Cross, PLLC, subject to the right of the parties within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose, or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. Signed by Judge Thomas P. Barber on 5/1/2020. (ANL)
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| Filing 66 Joint NOTICE of Settlement by Graciela Diaz. (LoTempio, Joseph) |
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Filing 65
ENDORSED ORDER. This matter is before the Court on Plaintiff Graciela Diaz's "Motion for Partial Summary Judgment as to Liability Against Defendant Goede, Adamczyk, Deboest & Cross, PLLC ("GAD&C") as to Count XV Only." (Doc. #57). Defendant GAD&C argues Plaintiff's motion is premature because discovery is incomplete. (Doc. #61 at 11). Specifically, GAD&C maintains further discovery is necessary to determine whether Plaintiff incurred the debt to pay association dues in connection with a property she used as her personal residence. Under Fed. R. Civ. P. 56(d)(1), "[i]f a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may... defer considering the motion[.]" The Court held a status conference on the issue on April 21, 2020. GAD&C indicated it is in the process of scheduling Plaintiff's deposition. As the Court stated, it will DEFER a ruling on Plaintiff's summary judgment motion until May 15, 2020. The parties are DIRECTED to update the Court with any information pertinent to Plaintiff's motion by this date. The Court will rule on the summary judgment motion after May 15, 2020. Signed by Judge Thomas P. Barber on 4/21/2020. (KDB)
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| Filing 64 Minute Entry. Proceedings held before Judge Thomas P. Barber: STATUS CONFERENCE via phone held on 4/21/2020. Court Reporter: Jeffrey G. Thomas (SMG) |
| Filing 63 NOTICE of hearing: Rule 16 Telephonic Status Conference set for 4/21/2020 at 2:00 PM before Judge Thomas P. Barber. Counsel are instructed to dial into the conference call as follows: TOLL FREE NUMBER: 1-888-684-8852, ACCESS CODE: 9847111#, bypass any security code. Please contact Courtroom Deputy Shelley Giauque at 239.461.2037 with any questions.(SMG) |
| Filing 62 REPLY to #61 Response in opposition re #57 Motion for Partial Summary Judgment as to Goede, Adamczyk, DeBoest & Cross, PLLC filed by Graciela Diaz. (LoTempio, Joseph) |
| Filing 61 RESPONSE in Opposition re #57 Motion for Partial Summary Judgment filed by Goede, Adamczyk, Deboest & Cross, PLLC. (Herrick, Gregory) |
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Filing 60
ENDORSED ORDER that, on the basis of the "Joint Notice of Settlement" (Doc. #59), this cause is DISMISSED WITHOUT PREJUDICE as to Defendants Paramount Property Management of Naples, Inc., Directors Choice, LLC, and The Courtyards at Quail Woods Condominium Association, Inc. only, subject to the right of the parties to re-open the action within sixty (60) days, upon good cause shown, or to submit a stipulated form of final judgment or stipulation of dismissal. After that 60-day period, however, without further order, this dismissal shall be deemed with prejudice as to these Defendants. Plaintiff's claims against Defendant Goede, Adamczyk, Deboest & Cross, PLLC remain pending. The Clerk is directed to terminate any pending motions and deadlines related to Defendants Paramount Property Management of Naples, Inc., Directors Choice, LLC, and the Courtyards at Quail Woods Condominium Association, Inc., including Plaintiff's motion for partial summary judgment against Defendant Paramount Property Management of Naples, Inc. (Doc. #52). Signed by Judge Thomas P. Barber on 3/27/2020. (ANL)
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| Filing 59 NOTICE of settlement with Defendants, The Courtyards at Quail Woods Condominium Association, Inc., Paramount Property Management of Naples, Inc., and Directors Choice, LLC by Graciela Diaz (LoTempio, Joseph) |
| Filing 58 SUMMARY JUDGMENT NOTICE re #57 Motion for Partial Summary Judgment filed by Graciela Diaz. (MLJ) |
| Filing 57 MOTION for Partial Summary Judgment as to liability against defendant Goede, Adamczyk, Deboest & Cross, PLLC by Graciela Diaz. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(LoTempio, Joseph) |
| Filing 56 REPLY to #54 Response in Opposition re #52 Motion for Summary Judgment filed by Graciela Diaz. (LoTempio, Joseph) |
| Filing 55 AFFIDAVIT in Support of #54 Response and Opposition to #52 Motion for Summary Judgment as to liability by Paramount Property Management of Naples, Inc. (Armand, Priscilla) |
| Filing 54 RESPONSE and Opposition to #52 Motion for Summary Judgment as to liability by Paramount Property Management of Naples, Inc. (Armand, Priscilla) |
| Filing 53 SUMMARY JUDGMENT NOTICE re #52 Motion for Partial Summary Judgment filed by Graciela Diaz. (MLJ) |
| Filing 52 MOTION for Partial Summary Judgment as to liability against Paramount Property Management of Naples, Inc. as to Count V only by Graciela Diaz. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B)(LoTempio, Joseph) *Note: Motion terminated per 60 Order on 3/27/2020. (MLJ) |
| Filing 51 NOTICE of filing AFFIDAVIT of Graciela Diaz (Attachments: #1 Affidavit).(LoTempio, Joseph) |
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Filing 50
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/14/2020, Discovery due by 7/31/2020, Dispositive motions due by 9/4/2020, Pretrial statement due by 10/23/2020, All other motions due by 10/16/2020, Plaintiff disclosure of expert report due by 5/1/2020, Defendant disclosure of expert report due by 5/29/2020, Final Pretrial Conference set for 12/18/2020 at 1:30 PM in Ft. Myers Courtroom 6B before Judge Thomas P. Barber. Trial term commencing 1/4/2021 Ft. Myers Courtroom 6B before Judge Thomas P. Barber. Conduct mediation hearing by 8/14/2020. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 1/7/2020. (SMG)
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Filing 49
ORDER denying #48 Motion for Leave to File Motion to Strike First Amended Affirmative Defenses Out of Time. Signed by Magistrate Judge Nicholas P. Mizell on 1/6/2020. (brh)
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| Filing 48 Unopposed MOTION for leave to file Motion to Strike Affirmative Defenses filed by Defendant, Goede, Adamczyk, DeBoest & Cross, PLLC by Graciela Diaz. (LoTempio, Joseph) |
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Filing 47
ENDORSED ORDER granting #46 Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Discovery Request. The Courtyards at Quail Woods Condominium Association, Inc., Paramount Property Management of Naples, Inc., and Directors Choice LLC shall have up to and including January 13, 2020, to serve responses to Plaintiff's December 4, 2019 discovery requests. Signed by Magistrate Judge Nicholas P. Mizell on 12/30/2019. (brh)
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| Filing 46 MOTION for Extension of Time to File Response/Reply To Discovery by Directors Choice, LLC, Paramount Property Management of Naples, Inc., The Courtyards at Quail Woods Condominium Association, Inc.. (Armand, Priscilla) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 45 AMENDED ANSWER and Affirmative Defenses re #32 to Plaintiff's First Amended Complaint #25 by Paramount Property Management of Naples, Inc. (Armand, Priscilla) |
| Filing 44 Defendants ANSWER and affirmative defenses with Jury Demand to #25 Amended Complaint by Directors Choice, LLC, The Courtyards at Quail Woods Condominium Association, Inc..(Armand, Priscilla) |
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Filing 43
ENDORSED ORDER granting #42 Stipulation for Substitution of Counsel. Attorneys Douglas J. Kress and Peri Rose Huston-Miller of the law office of Schwed, Kahle & Kress, P.A. are permitted to withdraw as counsel for Defendant Paramount Property Management of Naples, Inc. These attorneys shall have no further responsibility in this case. The Clerk is directed to remove them from receiving electronic notifications. Attorneys Ron M. Campbell and Priscilla Armand of the law firm of Cole, Scott & Kissane, P.A. shall be substituted as counsel for this Defendant. Signed by Magistrate Judge Nicholas P. Mizell on 12/13/2019. (brh)
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| Filing 42 MOTION for Substituion of Counsel by Paramount Property Management of Naples, Inc. (Armand, Priscilla) Modified to correct event on 12/13/2019 (MLJ). |
| Filing 41 CASE MANAGEMENT REPORT. (LoTempio, Joseph) |
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Filing 40
ENDORSED ORDER: Because Plaintiff has filed an amended complaint (Doc. #25), "Defendant, Paramount Property Management of Naples, Inc.'s Motion to Dismiss Count V of Plaintiff's Verified Complaint and Incorporated Memorandum of Law" (Doc. #17) is denied as moot. Signed by Judge Thomas P. Barber on 12/5/2019. (ANL)
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Filing 39
ENDORSED ORDER denying #34 Corrected Motion to Permit Telephonic Meeting of Lead Counsel at Initial Scheduling Conference. While counsel are free to agree to a location inside or outside this district, it appears that counsel for the defendant condominium association is officed in West Palm Beach and has nevertheless agreed to meet in person in Fort Myers; and so, on balance, relieving counsel for the defendant property manager officed in the adjoining city of Palm Beach Gardens from attending the parties' Rule 26(f) conference in person is not appropriate. The conference will therefore be conducted in person, during which counsel for the parties will meaningfully discuss the full panoply of issues outlined in Rule 26(f)(2) and (f)(3), including "the possibilities for promptly settling or resolving the case." The parties may jointly agree to a different date, time or location so long as the Case Management Report is jointly filed on or before December 18, 2019. Signed by Magistrate Judge Nicholas P. Mizell on 12/3/2019. (brh)
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Filing 38
ENDORSED ORDER denying as moot #31 Motion to Permit Telephonic Meeting of Lead Counsel based upon #33 Notice of Withdrawal. Signed by Magistrate Judge Nicholas P. Mizell on 12/2/2019. (brh)
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| Filing 37 ANSWER and affirmative defenses with Jury Demand to #25 Amended Complaint by Directors Choice, LLC, The Courtyards at Quail Woods Condominium Association, Inc..(Campbell, Ron) |
| Filing 36 NOTICE of pendency of related cases re #12 Related case order and track 2 notice per Local Rule 1.04(d) by Paramount Property Management of Naples, Inc.. Related case(s): y (Kress, Douglas) |
| Filing 35 CERTIFICATE of interested persons and corporate disclosure statement re #13 Interested persons order by Paramount Property Management of Naples, Inc.. (Kress, Douglas) |
| Filing 34 MOTION to Appear Telephonically by Paramount Property Management of Naples, Inc.. (Kress, Douglas) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 33 NOTICE of withdrawal of motion by Paramount Property Management of Naples, Inc. re #31 MOTION to Appear Telephonically for Initial Scheduling Conference filed by Paramount Property Management of Naples, Inc. (Kress, Douglas) |
| Filing 32 ANSWER and affirmative defenses with Jury Demand to #25 Amended Complaint by Paramount Property Management of Naples, Inc..(Kress, Douglas) |
| Filing 31 MOTION to Appear Telephonically for Initial Scheduling Conference by Paramount Property Management of Naples, Inc.. (Kress, Douglas) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 30 ANSWER and affirmative defenses to #25 Amended Complaint by Goede, Adamczyk, Deboest & Cross, PLLC.(Herrick, Gregory) |
| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement re #24 Interested persons order by Goede, Adamczyk, Deboest & Cross, PLLC. (Herrick, Gregory) |
| Filing 28 NOTICE of pendency of related cases re #12 Related cases order and Track 2 notice per Local Rule 1.04(d) by Goede, Adamczyk, Deboest & Cross, PLLC. Related case(s): Yes (Herrick, Gregory) |
| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #24 Interested persons order, #21 Interested persons order, #13 Interested persons order by Directors Choice, LLC, The Courtyards at Quail Woods Condominium Association, Inc.. (Campbell, Ron) |
| Filing 26 NOTICE of pendency of related cases re #12 Related cases Order and Track 2 notice per Local Rule 1.04(d) by Directors Choice, LLC, The Courtyards at Quail Woods Condominium Association, Inc.. Related case(s): no (Campbell, Ron) Modified on 11/26/2019 as to docket text (MLS). |
| Filing 25 AMENDED COMPLAINT against Directors Choice, LLC, Goede, Adamczyk, Deboest & Cross, PLLC, Paramount Property Management of Naples, Inc., The Courtyards at Quail Woods Condominium Association, Inc. with Jury Demand. filed by Graciela Diaz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(LoTempio, Joseph) |
| Filing 24 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/27/2019 as to defendant Goede, Adamczyk, DeBoest & Cross. Signed by All Divisional Judges on 11/13/2019. (MLS) |
| Filing 23 NOTICE of Appearance by Gregory Peter Herrick on behalf of Goede, Adamczyk, Deboest & Cross, PLLC (Herrick, Gregory) |
| Filing 22 ANSWER and affirmative defenses to #1 Complaint by Goede, Adamczyk, Deboest & Cross, PLLC.(Herrick, Gregory) |
| Filing 21 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/26/2019 as to defendants, Directors Choice, LLC and The Courtyards at Quail Woods Condominium Association, Inc. Signed by All Divisional Judges on 11/12/2019. (MLS) |
| Filing 20 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Directors Choice, LLC, The Courtyards at Quail Woods Condominium Association, Inc..(Campbell, Ron) |
| Filing 19 NOTICE of Defendants' Appearance by Ron M. Campbell on behalf of Directors Choice, LLC, The Courtyards at Quail Woods Condominium Association, Inc. (Campbell, Ron) |
| Filing 18 CORPORATE Disclosure Statement re #13 Interested Persons Order by Paramount Property Management of Naples, Inc.. (Kress, Douglas) Modified on 11/12/2019 as to docket text (MLS). |
| Filing 17 MOTION to Dismiss Count V of re #1 Verified Complaint and Incorporated Memorandum of Law by Paramount Property Management of Naples, Inc.. (Kress, Douglas) Modified on 11/12/2019 as to docket text (MLS). |
| Filing 16 NOTICE of Appearance by Douglas James Kress on behalf of Paramount Property Management of Naples, Inc. (Kress, Douglas) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #13 Interested persons order by Graciela Diaz. (LoTempio, Joseph) |
| Filing 14 NOTICE of pendency of related cases re #12 Related case order and track 2 notice per Local Rule 1.04(d) by Graciela Diaz. Related case(s): yes (LoTempio, Joseph) |
| Filing 13 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/8/2019. Signed by All Divisional Judges on 10/25/2019. (WRW) |
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Filing 12
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/8/2019. Signed by Judge Thomas P. Barber on 10/25/2019. (WRW)
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| Filing 11 RETURN of service executed on 10/22/19 by Graciela Diaz as to Paramount Property Management of Naples, Inc.. (LoTempio, Joseph) |
| Filing 10 RETURN of service executed on 10/22/19 by Graciela Diaz as to Goede, Adamczyk, Deboest & Cross, PLLC. (LoTempio, Joseph) |
| Filing 9 RETURN of service executed on 10/22/19 by Graciela Diaz as to Directors Choice, LLC. (LoTempio, Joseph) |
| Filing 8 RETURN of service executed on 10/22/19 by Graciela Diaz as to The Courtyards at Quail Woods Condominium Association, Inc.. (LoTempio, Joseph) |
| Filing 7 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 10/18/2019. (MLJ) |
| Filing 6 SUMMONS issued as to Goede, Adamczyk, Deboest & Cross, PLLC. (MLJ) |
| Filing 5 SUMMONS issued as to Directors Choice, LLC. (MLJ) |
| Filing 4 SUMMONS issued as to Paramount Property Management of Naples, Inc. (MLJ) |
| Filing 3 SUMMONS issued as to The Courtyards at Quail Woods Condominium Association, Inc. (MLJ) |
| Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Nicholas P. Mizell. New case number: 2:19-cv-757-FtM-60NPM. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-16040149) filed by Graciela Diaz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Civil Cover Sheet, #14 Proposed Summons Courtyards, #15 Proposed Summons Directors, #16 Proposed Summons Goede, #17 Proposed Summons Paramount)(LoTempio, Joseph) Modified to edit text on 10/18/2019 (MLJ). |
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