S.Y. v. Sunstream Hotels & Resorts, LLC et al
| S. Y. |
| Park Shore Resort Condominium Assocation, Inc., Sunstream Hotels & Resorts, LLC and Park Shore Resort Condominium Association, Inc. |
| 2:2020cv00611 |
| August 19, 2020 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Mac R McCoy |
| Nicholas P Mizell |
| John E Steele |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on August 19, 2022. A more recent docket listing may be available from PACER.
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Filing 99
JUDGMENT. (Signed by Deputy Clerk) (SEH)
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Filing 98
ORDER dismissing Sunstream Hotels & Resorts, LLC with prejudice with each party to bear their own attorney's fees and costs. Finding no remaining defendants, the Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 8/19/2022. (RKR)
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Filing 97
Stipulated NOTICE of voluntary dismissal by S. Y. (Janis, Randolph) Modified as to docket text on 8/19/2022 (JK).
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Filing 96
Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:20-cv-611-JES-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. (JK)
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Filing 95
ENDORSED ORDER granting #94 Defendant, Sunstream Hotels & Resorts's Unopposed Motion for Extension of Disclosure/Discovery Deadlines and Memorandum of Law in Support. The Court finds good cause to grant a brief extension of the case management deadlines. Accordingly, Defendant must disclose any expert reports no later than 7/11/2022. Additionally, any rebuttal expert reports must be disclosed no later than 7/22/2022. Finally, the discovery and motions to compel discovery deadline is extended to 8/5/2022. All other provisions of the Court's prior scheduling orders remain in effect. Signed by Magistrate Judge Mac R. McCoy on 6/8/2022. (CM)
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Filing 94
Unopposed MOTION for Extension of Disclosure/Disclosure Deadlines and Memorandum of Law in Support by Sunstream Hotels & Resorts, LLC. (Rehders, Katya) Motions referred to Magistrate Judge Mac R. McCoy. Modified as to docket text and to reflect counsel notified of full use of case number on filings on 6/8/2022 (JK).
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Filing 93
TEXT ORDER granting in part and denying in part #92 Defendant, Sunstream Hotels & Resorts's Unopposed Motion for Extension of Disclosure/Discovery Deadlines and Memorandum of Law in Support. The Court finds good cause to grant a brief extension of the case management deadlines. Accordingly, Defendant must disclose any expert reports no later than 6/17/2022. Additionally, any rebuttal expert reports must be disclosed no later than 7/1/2022. Finally, the discovery and motions to compel discovery deadline is extended to 7/22/2022. Defendant Sunstream Hotels & Resorts' motion is denied to the extent that it seeks any additional relief. Signed by Magistrate Judge Mac R. McCoy on 4/21/2022. (CM)
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Filing 92
MOTION for Extension of Time to File Disclosure/Discovery Deadlines by Sunstream Hotels & Resorts, LLC. (Attachments: #1 Exhibit)(Rehders, Katya) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 91
JUDGMENT (Signed by Deputy Clerk) as to Park Shore Resort Condominium Association, Inc. only. (JK)
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Filing 90
ORDER dismissing Park Shore Resort Condominium Association, Inc. with prejudice with each party to bear their own attorney's fees and costs. The Clerk shall enter judgment and terminate this party. Signed by Judge John E. Steele on 3/29/2022. (RKR)
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Filing 89
STIPULATION of Dismissal by Park Shore Resort Condominium Association, Inc. (Beebe, Brooke)
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Filing 88
FIFTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 7/5/2022; Dispositive motions due by 8/23/2022; Pretrial statement due by 12/20/2022; All other motions due by 12/16/2022; Plaintiff disclosure of expert report due by 4/12/2022; Defendant disclosure of expert report due by 5/10/2022; Final Pretrial Conference set for 1/27/2023 before Judge John E. Steele; Jury Trial term set for 2/1/2023 before Judge John E. Steele. Conduct mediation hearing by 8/1/2022. Lead counsel to coordinate dates. Signed by Magistrate Judge Mac R. McCoy on 2/2/2022. (WW)
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Filing 87
ORDER granting in part and denying in part Motion for Extension of Time as to Expert Disclosures and Pre-Trial Deadlines. The Clerk of Court is directed to prepare and file a Fifth Amended Case Management and Scheduling Order extending the remaining case management deadlines by a period of at least sixty (60) days, subject to the Court's calendar. Additionally, the Clerk of Court is directed to enter this Order and the subsequent Fifth Amended Case Management and Scheduling Order in each case brought by Plaintiff C.S. or Plaintiff S.Y., regardless of whether there is a pending motion, as listed herein. The parties in all of the related cases are warned that the Court is not inclined to grant a further extension of any case management deadlines absent a showing of genuine necessity. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 2/2/2022. (FN)
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Filing 86
ENDORSED ORDER granting #85 Motion to Withdraw as Co-Counsel for Defendant. Although the motion cites M.D. Fla. R. 2.03(b), under the Court's Local Rules effective 2/1/2021, the motion is governed by M.D. Fla. R. 2.02(c). Nevertheless, the motion sufficiently complies with M.D. Fla. R. 2.02(c). Accordingly, Attorney D. Michael Arendall, Jr. is permitted to withdraw as counsel of record for Defendant Park Shore Resort Condominium Association, Inc. Attorney D. Michael Arendall, Jr. has no further responsibility in this case. The Clerk of Court is directed to terminate Attorney D. Michael Arendall, Jr. as counsel of record in this case and to remove him from the electronic service list in CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 12/29/2021. (CM)
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Filing 85
MOTION for Dennis Michael Arendall Jr. to Withdraw as Attorney by Park Shore Resort Condominium Association, Inc. (Arendall, Dennis) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 1/11/2022 to correct docket text (jmc).
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Filing 84
NOTICE of Appearance by Katya M. Rehders on behalf of Sunstream Hotels & Resorts, LLC (Rehders, Katya)
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Filing 83
FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 5/6/2022; Dispositive motions due by 6/24/2022; Pretrial statement due by 10/21/2022; All other motions due by 10/17/2022; Plaintiff disclosure of expert report due by 2/11/2022; Defendant disclosure of expert report due by 3/11/2022; Final Pretrial Conference set for 11/18/2022 before Judge John E. Steele; Jury Trial term set for 12/1/2022 before Judge John E. Steele. Conduct mediation hearing by 5/31/2022. Lead counsel to coordinate dates. Signed by Magistrate Judge Mac R. McCoy on 10/21/2021. (FN)
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Filing 82
ORDER granting in part and denying in part 370 Joint Motion for Extension of Time as to Expert Disclosures. The Clerk of Court is directed to prepare and file a Fourth Amended Case Management and Scheduling Order extending the remaining case management deadlines by a period of at least sixty (60) days, subject to the Court's calendar. Additionally, the Clerk of Court is directed to enter this Order and the subsequent Fourth Amended Case Management and Scheduling Order in each case brought by Plaintiff C.S. or Plaintiff S.Y., regardless of whether there is a pending motion, as listed herein. The parties in all of the related cases are warned that the Court is not inclined to grant a further extension of any case management deadlines absent a showing of genuine necessity. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 10/21/2021(jmc)
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Filing 81
OPINION AND ORDER granting in part and denying in part #52 Motion for Protective Order; adopting in part #73 Report and Recommendations; sustaining objections. Plaintiff may proceed anonymously under her initials for all public filings during pretrial proceedings. The request for a protective order is denied. See Opinion and Order for details. Signed by Judge John E. Steele on 9/14/2021. (RKR)
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Filing 80
THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 3/7/2022; Dispositive motions due by 4/25/2022; Pretrial statement due by 8/22/2022; All other motions due by 8/17/2022; Plaintiff disclosure of expert report due by 12/13/2021; Defendant disclosure of expert report due by 1/10/2022; Final Pretrial Conference set for 9/23/2022; Trial term commencing 10/3/2022. Conduct mediation hearing by 3/30/2022. Lead counsel to coordinate dates. Signed by Magistrate Judge Mac R. McCoy on 9/2/2021. (LMF)
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Filing 79
ORDER: The Clerk of Court is directed to prepare and file a Third Amended Case Management and Scheduling Order extending the remaining case management deadlines by a period of at least ninety (90) days, subject to the Court's calendar. Additionally, the Clerk of Court is directed to enter this Order and the subsequent Third Amended Case Management and Scheduling Order in each case brought by Plaintiff C.S. or Plaintiff S.Y., regardless of whether there is a pending motion, as listed herein. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 9/2/2021. (jmc)
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Filing 78
NOTICE of change of address by Sharon M. Hanlon (Hanlon, Sharon)
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Filing 77
RESPONSE to Defendant's objection in opposition re #76 Objection filed by S. Y. (Janis, Randolph) Modified on 7/9/2021 (RMT).
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Filing 76
OBJECTION re #73 REPORT AND RECOMMENDATIONS re #52 MOTION for Protective Order and to Proceed Anonymously filed by S. Y.. . (Attachments: #1 Exhibit)(Beebe, Brooke)
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Filing 75
OBJECTION re #73 REPORT AND RECOMMENDATIONS re #52 MOTION for Protective Order and to Proceed Anonymously filed by S. Y.. . (Sandstrom, Joanna)
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Filing 74
NOTICE of change of address by Sharon M. Hanlon (Hanlon, Sharon)
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Filing 73
REPORT AND RECOMMENDATION recommending that #52 Plaintiff's Motion to Proceed Anonymously and for Entry of a Protective Order be granted in part and denied in part. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 6/11/2021. (CM)
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Filing 72
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 12/6/2021, Dispositive motions due by 1/24/2022, Joint Final Pretrial statement due by 5/24/2022, Motions in Limine due by 5/19/2022, Plaintiff disclosure of expert report due by 9/13/2021, Defendant disclosure of expert report due by 10/12/2021, Final Pretrial Conference set for 6/24/2022, Jury Trial Term commencing 7/5/2022, Conduct mediation hearing by 12/30/2021. Lead counsel to coordinate dates. Signed by Magistrate Judge Mac R. McCoy on 6/11/2021.(JK)
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Filing 71
ORDER granting in part and denying in part #70 Joint Motion for Case Management Conference. The Clerk of Court is directed to prepare and file a Second Amended Case Management and Scheduling Order extending the remaining case management deadlines by a period of at least 90 days, subject to the Court's calendar. The Clerk of Court is directed to enter this Order and the subsequent Second Amended Case Management and Scheduling Order in each case brought by Plaintiff C.S. or Plaintiff S.Y., regardless of whether there is a pending motion, as listed in the Order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/10/2021. (CM)
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Filing 70
Joint MOTION for Hearing by Park Shore Resort Condominium Assocation, Inc.. (Beebe, Brooke)
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Filing 69
ENDORSED ORDER granting #68 Consent Order Granting Substitution of Attorney, which the Court construes as a motion by attorney J. Marcos Martinez to withdraw as counsel of record for Defendant Sunstream Hotels & Resorts, LLC. Although the construed motion does not comply with M.D. Fla. R. 2.02(c), the Court finds good cause to grant the motion because Defendant Sunstream Hotels & Resorts, LLC is represented by new counsel. Attorney J. Marcos Martinez has no further responsibility in this case. The Clerk of Court is directed to terminate attorney J. Marcos Martinez as counsel of record and remove him from the CM/ECF electronic service list. Signed by Magistrate Judge Mac R. McCoy on 5/27/2021. (CM)
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Filing 68
Consent MOTION to Substitute Attorney by Sunstream Hotels & Resorts, LLC. (Sandstrom, Joanna) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 67
ANSWER and affirmative defenses with Jury Demand to #64 Amended Complaint by Park Shore Resort Condominium Assocation, Inc..(Beebe, Brooke)
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Filing 66
NOTICE of Appearance by Joanna Sandstrom on behalf of Sunstream Hotels & Resorts, LLC (Sandstrom, Joanna)
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Filing 65
ANSWER and affirmative defenses with Jury Demand to #64 Amended Complaint by Sunstream Hotels & Resorts, LLC.(Martinez, J)
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Filing 64
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by S. Y..(Janis, Randolph)
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Filing 63
RESPONSE in Opposition re #52 MOTION for Protective Order and to Proceed Anonymously filed by Sunstream Hotels & Resorts, LLC. (Martinez, J)
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Filing 62
CORRECTED RESPONSE in Opposition re #52 MOTION for Protective Order and to Proceed Anonymously filed by Park Shore Resort Condominium Assocation, Inc.. (Attachments: #1 Exhibit Orders)(Beebe, Brooke) Modified text on 3/18/2021 (LYB).
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Filing 61
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/15/2021, Discovery due by 9/7/2021, Dispositive motions due by 10/26/2021, Pretrial statement due by 2/23/2022, Motions in Limine due by 2/18/2022, Plaintiff disclosure of expert report due by 6/15/2021, Defendant disclosure of expert report due by 7/14/2021, Final Pretrial Conference set for 3/25/2022 before Judge John E. Steele, Jury Trial set for trial term commencing 4/4/2022 before Judge John E. Steele, Conduct mediation hearing by 10/1/2021. Lead counsel to coordinate dates. Signed by Magistrate Judge Mac R. McCoy on 3/16/2021. (LMF)
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Filing 60
TEXT ORDER granting in part and denying in part #59 Joint Motion for Extension of Pre-Trial Deadlines. The Court finds good cause to extend the case management deadlines sua sponte for a period of at least 90 days. Accordingly, the Clerk of Court is directed to prepare and file an Amended Case Management and Scheduling Order extending the remaining case management deadlines by a period of at least 90 days, subject to the Court's calendar. Signed by Magistrate Judge Mac R. McCoy on 3/16/2021. (CM)
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Filing 59
Joint MOTION for Extension of Time to Complete Discovery by Park Shore Resort Condominium Assocation, Inc.. (Beebe, Brooke) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 58
RESPONSE in Opposition re #52 MOTION for Protective Order and to Proceed Anonymously filed by Park Shore Resort Condominium Assocation, Inc.. (Beebe, Brooke)
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Filing 57
ENDORSED ORDER granting #56 Defendant, Park Shore Resort Condominium Association, Inc.'s Motion for an Extension of Time. Defendant Park Shore Resort Condominium Association, Inc must respond to Plaintiff's Motion to Proceed Anonymously and for Entry of a Protective Order (Doc. #52) no later than 3/12/2021. Signed by Magistrate Judge Mac R. McCoy on 3/10/2021. (CM)
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Filing 56
Unopposed MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Protective Order and to Proceed Anonymously by Park Shore Resort Condominium Assocation, Inc.. (Beebe, Brooke) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 55
OPINION AND ORDER denying in part and denying as moot in part #13 Motion to Dismiss, to Strike, or for a More Definite Statement; denying as moot #14 Motion to Dismiss, denying Motion to Strike, or for a More Definite Statement. Plaintiff shall file an amended Complaint within 7 days to reflect the voluntary dismissal of all state claims. Signed by Judge John E. Steele on 3/8/2021. (RKR)
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Filing 54
ENDORSED ORDER granting #53 Defendant's Unopposed Motion for Extension of Time. Defendant Sunstream Hotels & Resorts, LLC must respond to Plaintiff's Motion to Proceed Anonymously and for Entry of a Protective Order (Doc. #52) no later than 3/22/2021. Signed by Magistrate Judge Mac R. McCoy on 3/5/2021. (CM)
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Filing 53
Unopposed MOTION for Extension of Time to File Response/Reply to motion for protective order by Sunstream Hotels & Resorts, LLC. (Martinez, J) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 52
MOTION for Protective Order and to Proceed Anonymously by S. Y.. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Janis, Randolph) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 51
NOTICE of Co-Counsel Appearance by Andrew Frank Russo on behalf of Sunstream Hotels & Resorts, LLC (Russo, Andrew)
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Filing 50
ENDORSED ORDER granting #49 Motion of Randolph Janis, Esq. for Special Admission to Practice Pro Hac Vice Pursuant to Local Rule 2.02, and Request to Electronically Receive Notices of Electronic Filing. The Clerk of Court is directed to add Randolph Janis to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Randolph Janis must send only one required fee to the Clerk's Office for his special appearance in the first-filed Case No. 2:20-cv-118-JES-MRM. The Court hereby waives the required fee for special admission in connection with all other cases pending in the Fort Myers Division in which Randolph Janis is granted leave to appear specially for Plaintiffs S.Y. and/or C.S. This waiver does not apply to any other case in which Randolph Janis may seek leave to appear specially for any other party or in any other case pending in another Division. Additionally, given the unique procedural posture of this litigation--including the severance of the first-filed action, the resulting proliferation of separate cases, and the relatedness of the claims and defenses involved in each of the severed actions--the Court finds that Randolph Janis' appearance in each severed case brought on behalf of S.Y. and C.S. does not constitute the maintenance of a regular practice of law in Florida such that his special appearance should be denied. Unless already completed, within fourteen (14) days from the date of this Order, Randolph Janis 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 1/25/2021. (CM)
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Filing 49
MOTION for Randolph Janis to appear pro hac vice by S. Y.. (Hanlon, Sharon) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 48
CORPORATE Disclosure Statement by Park Shore Resort Condominium Assocation, Inc.. (Beebe, Brooke)
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Filing 47
ENDORSED ORDER granting #46 Motion to Withdrawal as Counsel by Brian J. Perkins as counsel for Plaintiff. Attorney Brian J. Perkins is deemed withdrawn and has no further responsibility in this case. The Clerk of Court is directed to terminate Brian J. Perkins as counsel of record in this case and remove him from the electronic service list in CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 1/19/2021. (CM)
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Filing 46
Consent MOTION for Brian J. Perkins to Withdraw as Attorney by S. Y.. (Perkins, Brian) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 45
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/15/2021, Discovery due by 6/7/2021, Dispositive motions due by 7/26/2021, Pretrial statement due by 11/23/2021, All other motions due by 11/19/2021, Plaintiff disclosure of expert report due by 3/15/2021, Defendant disclosure of expert report due by 4/12/2021, Final Pretrial Conference set for 12/17/2021 at 9:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele, Trial term commencing 1/3/2022 in Ft. Myers Courtroom 6 A before Judge John E. Steele, Conduct mediation hearing by 7/1/2021. Lead counsel to coordinate dates. See Order for details. Signed by Judge John E. Steele on 12/23/2020. (MLJ)
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Filing 44
PRETRIAL AND DISCOVERY PLAN. (Anello, Virginia)
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Filing 43
CASE MANAGEMENT REPORT. (Anello, Virginia)
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Filing 42
NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by S. Y.. Related case(s): Y (Anello, Virginia)
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Filing 41
ENDORSED ORDER granting #40 Joint Motion for a One-Week Extension to Submit the Parties' Joint Pretrial & Discovery Plan, Case Management Report and Related Case Notice. The parties must file the joint Case Management Report on the presiding District Judge's approved form, the joint Pretrial and Discovery Plan on the Undersigned's approved form, and their Related Case Notice(s) no later than 12/4/2020. Signed by Magistrate Judge Mac R. McCoy on 11/24/2020. (CM)
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Filing 40
Joint MOTION for Extension of Time to File the Parties' Joint Pretrial & Discovery Plan, Case Management Report and Related Case Notice by S. Y.. (Anello, Virginia) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 39
ENDORSED ORDER granting #38 Plaintiff's Unopposed Motion for a Two Week Extension to Submit the Parties' Joint Pretrial & Discovery Plan, Case Management Report and Related Case Notice. The parties must file the joint Case Management Report on the presiding District Judge's approved form, the joint Pretrial and Discovery Plan on the Undersigned's approved form, and their Related Case Notice(s) no later than 11/27/2020. Signed by Magistrate Judge Mac R. McCoy on 11/16/2020. (CM)
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Filing 38
Unopposed MOTION for Extension of Time to File Joint Pretrial & Discovery Plan, Case Management Report and Related Case Notice by S. Y.. (Anello, Virginia) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 37
REPLY to Response to Motion re #13 MOTION to Dismiss Complaint [DE 1] to strike, or for a more definite statement filed by Sunstream Hotels & Resorts, LLC. (Martinez, J)
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Filing 36
ORDER denying #28 Motion to Consolidate Cases. Signed by Judge John E. Steele on 11/4/2020. (RKR)
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Filing 35
MEMORANDUM in opposition re #14 Motion to Dismiss filed by S. Y.. (Anello, Virginia)
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Filing 34
ENDORSED ORDER granting #31 Defendant, Sunstream Hotels & Resorts, LLC's, Motion for Leave to Submit Reply in Support of Motion. Defendant Sunstream Hotels & Resorts, LLC may file a reply of no more than 10 pages in further support of its motion to dismiss (Doc. #13) no later than 11/13/2020. Signed by Magistrate Judge Mac R. McCoy on 10/31/2020. (McCoy, Mac)
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Filing 33
TEXT ORDER denying as moot #30 Plaintiff's Corrected Unopposed Motion Requesting Leave to File Opposition in Excess of 25 Pages in Response to the Motion to Dismiss Filed by Defendant, Park Shore Resort Condominium Association, Inc. in light of the Court's Order of even date (Doc. 32) granting the requested enlargement of the page limitation. Signed by Magistrate Judge Mac R. McCoy on 10/31/2020. (McCoy, Mac)
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Filing 32
ENDORSED ORDER granting #29 Plaintiff's Unopposed Motion Requesting Leave to File Opposition in Excess of 25 Pages in Response to the Motion to Dismiss Filed by Defendant Park Shore Resort Condominium Association, Inc. Plaintiff may file a response to Defendant Park Shore Resort Condominium Association, Inc.'s motion to dismiss (Doc. #14) of no more than 40 pages. Signed by Magistrate Judge Mac R. McCoy on 10/31/2020. (McCoy, Mac)
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Filing 31
Unopposed MOTION for Miscellaneous Relief, specifically leave to file reply brief to [DE 27] and in support of motion to dismiss [DE 13] by Sunstream Hotels & Resorts, LLC. (Martinez, J) Motions referred to Magistrate Judge Mac R. McCoy.
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Filing 30
Unopposed MOTION to File Excess Pages to Defendant Park Shore Resort Condominium Association, Inc's Motion to Dismiss by S. Y.. (Hanlon, Sharon)
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Filing 29
Unopposed MOTION to File Excess Pages to Defendant's Park Shore Resort Condominium Association, Inc. Motion to Dismiss by S. Y.. (Hanlon, Sharon)
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Filing 28
MOTION to Consolidate Cases by S. Y.. (Anello, Virginia)
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Filing 27
MEMORANDUM in opposition re #13 Motion to Dismiss , Strike or for a More Definitive Statement filed by S. Y.. (Hanlon, Sharon)
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Filing 26
NOTICE of compliance re 25 Order on Motion to Appear Pro Hac Vice by S. Y. (Hanlon, Sharon)
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Filing 25
ENDORSED ORDER granting #22 Motion of Virginia E. Anello, Esq. for Special Admission to Practice Pro Hac Vice Pursuant to Local Rule 2.02, and Request to Electronically Receive Notices of Electronic Filing. The Clerk of Court is directed to add Virginia E. Anello to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Virginia E. Anello must send only one required fee to the Clerk's Office for her special appearance in the first-filed Case No. 2:20-cv-118-JES-MRM. The Court hereby waives the required fee for special admission in connection with all other cases pending in the Fort Myers Division in which Virginia E. Anello is granted leave to appear specially for Plaintiffs S.Y. and/or C.S. This waiver does not apply to any other case in which Virginia E. Anello may seek leave to appear specially for any other party or in any other case pending in another Division. Additionally, given the unique procedural posture of this litigation--including the severance of the first-filed action, the resulting proliferation of separate cases, and the relatedness of the claims and defenses involved in each of the severed actions--the Court finds that Virginia E. Anello's appearance in each severed case brought on behalf of S.Y. and C.S. does not constitute the maintenance of a regular practice of law in Florida such that her special appearance should be denied. Unless already completed, within fourteen (14) days from the date of this Order, Virginia E. Anello 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 10/16/2020. (McCoy, Mac)
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Filing 24
TEXT ORDER denying as moot #21 Motion of Virginia E. Anello, Esq. for Special Admission to Practice Pro Hac Vice Pursuant to Local Rule 2.02, and Request to Electronically Receive Notices of Electronic Filing in light of the duplicative motion filed on the same date (Doc. #22). Signed by Magistrate Judge Mac R. McCoy on 10/16/2020. (McCoy, Mac)
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Filing 23
Case Reassigned to Magistrate Judge Mac R. McCoy. New case number: 2:20-cv-611-FtM-29MRM. Magistrate Judge Nicholas P. Mizell no longer assigned to the case. Motion(s) REFERRED: #22 MOTION for Virginia E. Anello to appear pro hac vice , #21 MOTION for Virginia E. Anello to appear pro hac vice . Motion(s) referred to Magistrate Judge Mac R. McCoy. (laf)
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Filing 22
MOTION for Virginia E. Anello to appear pro hac vice by S. Y.. (Attachments: #1 Exhibit A - Sample Order, #2 Exhibit B - Sample Order, #3 Exhibit C - Sample Order)(Hanlon, Sharon) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 10/15/2020 to note duplicate entry see #21 (MLS).
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Filing 21
MOTION for Virginia E. Anello to appear pro hac vice by S. Y.. (Attachments: #1 Exhibit A - Sample Order, #2 Exhibit B - Sample Order, #3 Exhibit C - Sample Order)(Hanlon, Sharon) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 20
ENDORSED ORDER granting #19 Unopposed Motion for Extension of Time. By November 2, 2020, Plaintiff will respond to #14 Motion to Dismiss, to Strike, or for a More Definite Statement. Signed by Magistrate Judge Nicholas P. Mizell on 10/7/2020. (brh)
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Filing 19
Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss complaint , Motion to Strike, or for a More Definite Statement and Memorandum of Law by S. Y.. (Hanlon, Sharon) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 18
ENDORSED ORDER granting #17 Unopposed Motion for Extension of Time to File Response. By October 21, 2020, Plaintiff will file a response to Sunstream Hotels & Resorts LLC's Motion to Dismiss, to Strike, or for More Definite Statement (Doc. #13). Signed by Magistrate Judge Nicholas P. Mizell on 10/5/2020. (brh)
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Filing 17
Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Complaint [DE 1] to strike, or for a more definite statement by S. Y.. (Hanlon, Sharon) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 16
NOTICE to counsel Virginia E. Anello of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney 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)
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Filing 15
CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by Sunstream Hotels & Resorts, LLC identifying Corporate Parent Sunstream Partners, LLC for Sunstream Hotels & Resorts, LLC.. (Martinez, J)
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Filing 14
MOTION to Dismiss or Strike #1 complaint, or for a more definite statement and memorandum of law in support by Park Shore Resort Condominium Association, Inc. (Beebe, Brooke)
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Filing 13
MOTION to Dismiss Complaint [DE 1] to strike, or for a more definite statement by Sunstream Hotels & Resorts, LLC. (Martinez, J)
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Filing 12
ENDORSED ORDER granting #11 Motion for Extension of Time to Respond to Plaintiff's Complaint. By September 28, 2020, Defendant will respond to the Complaint. Signed by Magistrate Judge Nicholas P. Mizell on 9/15/2020. (brh)
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Filing 11
Unopposed MOTION for Extension of Time to File Response to Complaint by Park Shore Resort Condominium Assocation, Inc.. (Beebe, Brooke) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 10
NOTICE of Appearance by Christopher Wadsworth and Notice of Appearance by J Marcos Martinez on behalf of Sunstream Hotels & Resorts, LLC (Martinez, J)
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Filing 9
NOTICE by Sunstream Hotels & Resorts, LLC of Waiver of Service of Summons (Martinez, J)
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Filing 8
PROOF of service by S. Y. (Hanlon, Sharon)
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Filing 7
Case Reassigned to Judge John E. Steele. New case number: 2:20-cv-611-FtM-29NPM. Judge Sheri Polster Chappell no longer assigned to the case. (laf)
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Filing 6
This action and the following cases are TRANSFERRED to Senior United States District Judge John E. Steele with his consent: S.Y. v. Shivparvti, LLC, No. 2:20-cv-607-FtM-38NPM; S.Y. v. Naples Garden Inn, LLC, No. 2:20-cv-610-FtM-38NPM; S.Y. v. Sunstream Hotel & Resports, LLC, No. 2:20-cv-606-FtM-38NPM; S.Y. v. Best Western Int'l, Inc., No. 2:20-cv-616-FtM-38MRM; S.Y. v. Marriott Int'l, Inc., No. 2:20-cv-627-FtM-38NPM; C.S. v. Naples Hotel Co., No. 2:20-cv-631-FtM-38MRM; S.Y. v. Wyndham Hotels & Resorts, Inc., No. 2:20-cv-632-FtM-38NPM; C.S. v. Jay Varahimata Investments, LLC, No. 2:20-cv-637-FtM-38MRM; and C.S. v. Wyndham Hotels & Resorts, Inc., No. 2:20-cv-639-FtM-38NPM. The Clerk is DIRECTED to place a copy of this Order in each listed case. Signed by Judge Sheri Polster Chappell on 8/24/2020. (AEH) (AEH).
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Filing 5
TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER Signed by All Divisional Judges on 8/24/2020. (WRW)
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Filing 4
SUMMONS issued as to Park Shore Resort Condominium Assocation, Inc., Sunstream Hotels & Resorts, LLC. (drn)
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Filing 3
NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-611-FtM-38NPM. (SJB)
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Filing 2
NOTICE of pendency of related cases per Local Rule 1.04(d) by S. Y.. Related case(s): Yes (Hanlon, Sharon)
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Filing 1
COMPLAINT against Park Shore Resort Condominium Assocation, Inc., Sunstream Hotels & Resorts, LLC with Jury Demand (Filing fee $ 400 receipt number 113A-17199690) filed by S. Y.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons All Defendants)(Hanlon, Sharon) (
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