Gomeringer et al v. The Boat House of Cape Coral, LLC
Plaintiff: David J. Gomeringer and Manuela K. Gomeringer
Defendant: THE BOAT HOUSE OF CAPE CORAL, LLC and Carolina Skiff, LLC
Case Number: 2:2023cv00089
Filed: February 10, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Nicholas P Mizell
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 2301 Magnuson-Moss Warranty Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2023 Opinion or Order Filing 26 RESPONSE in Opposition re #24 Second MOTION to Dismiss for Failure to State a ClaimMotion to Dismiss filed by David J. Gomeringer, Manuela K. Gomeringer. (Sharkey Ross, Amanda)
April 6, 2023 Opinion or Order Filing 25 RESPONSE in Opposition re #23 MOTION to Dismiss Complaint for Improper Venue, or in the Alternative to Compel Arbitration, or in the Alternative to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law filed by David J. Gomeringer, Manuela K. Gomeringer. (Sharkey Ross, Amanda)
March 27, 2023 Opinion or Order Filing 24 Second MOTION to Dismiss for Failure to State a Claim by The Boat House of Cape Coral, LLC. (Kayusa, Michael) Modified text on 3/28/2023 (JK).
March 23, 2023 Opinion or Order Filing 23 MOTION to Dismiss Complaint for Improper Venue, or in the Alternative to Compel Arbitration, or in the Alternative to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Carolina Skiff, LLC. (Attachments: #1 Exhibit 1 - 10 Year Limited Warranty)(Huck, Paul)
March 16, 2023 Opinion or Order Filing 22 ENDORSED ORDER denying without prejudice Defendant's Motion to Dismiss (Doc. #19) for failure to include a Local Rule 3.01(g) Certification. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 3/16/2023. (CMC)
March 15, 2023 Opinion or Order Filing 21 CERTIFICATE of interested persons and corporate disclosure statement by The Boat House of Cape Coral, LLC. (Kayusa, Michael)
March 15, 2023 Opinion or Order Filing 20 NOTICE of Lead Counsel Designation by Michael F. Kayusa on behalf of The Boat House of Cape Coral, LLC. Lead Counsel: Michael F. Kayusa. (Kayusa, Michael)
March 15, 2023 Opinion or Order Filing 19 MOTION to Dismiss Complaint and Memorandum of Law> by The Boat House of Cape Coral, LLC. (Kayusa, Michael) (Modified on 3/16/2023 to edit docket text) (JDR).
March 10, 2023 Opinion or Order Filing 18 NOTICE of compliance re 15 Notice to Counsel of Local Rule by Carolina Skiff, LLC (Greene, Taylor)
March 10, 2023 Opinion or Order Filing 17 ENDORSED ORDER granting #14 defendant Carolina Skiff's unopposed motion for more time to respond. By March 23, 2023, Carolina Skiff must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 3/10/2023. (BB)
March 9, 2023 Opinion or Order Filing 16 NOTICE of hearing: Preliminary Pretrial Conference set for 5/18/2023 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 4/24/2023. All parties shall appear telephonically. 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: 23089. All parties 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. (WRW)
March 9, 2023 Opinion or Order Filing 15 NOTICE TO COUNSEL Taylor Greene of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. 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). (JK)
March 9, 2023 Opinion or Order Filing 14 Unopposed MOTION for Extension of Time to File Response to Complaint by Carolina Skiff, LLC. (Huck, Paul) Motions referred to Magistrate Judge Nicholas P. Mizell.
March 9, 2023 Opinion or Order Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Carolina Skiff, LLC. (Huck, Paul)
March 9, 2023 Opinion or Order Filing 12 NOTICE of Appearance by Paul Courtney Huck, Jr on behalf of Carolina Skiff, LLC (Huck, Paul)
March 7, 2023 Opinion or Order Filing 11 RETURN of service executed on 02/23/23 by David J. Gomeringer, Manuela K. Gomeringer as to The Boat House of Cape Coral, LLC. (Sharkey Ross, Amanda)
March 7, 2023 Opinion or Order Filing 10 RETURN of service executed on 02/16/23 by David J. Gomeringer, Manuela K. Gomeringer as to Carolina Skiff, LLC. (Sharkey Ross, Amanda)
March 7, 2023 Opinion or Order Filing 9 CERTIFICATE of service by David J. Gomeringer, Manuela K. Gomeringer re #5 Summons issued . (Sharkey Ross, Amanda)
March 7, 2023 Opinion or Order Filing 8 CERTIFICATE of service by David J. Gomeringer, Manuela K. Gomeringer re #5 Summons issued . (Sharkey Ross, Amanda)
March 6, 2023 Opinion or Order Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by David J. Gomeringer, Manuela K. Gomeringer. (Sharkey Ross, Amanda)
February 15, 2023 Opinion or Order Filing 6 NOTICE of Lead Counsel Designation by Amanda J. Sharkey Ross on behalf of David J. Gomeringer, Manuela K. Gomeringer. Lead Counsel: Amanda J. Sharkey Ross. (Sharkey Ross, Amanda)
February 14, 2023 Opinion or Order Filing 5 SUMMONS issued as to Carolina Skiff, LLC, The Boat House of Cape Coral, LLC. (JK)
February 14, 2023 Opinion or Order Filing 4 CIVIL Action Order Signed by All Divisional Judges on 2/14/2023. (JK)
February 10, 2023 Opinion or Order Filing 3 NOTICE of Appearance by Steven Conrad Gendreau on behalf of David J. Gomeringer, Manuela K. Gomeringer (Gendreau, Steven)
February 10, 2023 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-0089-SPC-NPM. (SJB)
February 10, 2023 Opinion or Order Filing 1 COMPLAINT against Carolina Skiff, LLC, The Boat House of Cape Coral, LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-20500150) filed by David J. Gomeringer, Manuela K. Gomeringer. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons - The Boat House of Cape Coral, #3 Proposed Summons - Carolina Skiff) (Sharkey Ross, Amanda) Modified text on 2/14/2023 (JK).

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Plaintiff: David J. Gomeringer
Represented By: Steven Conrad Gendreau
Represented By: Amanda J. Sharkey Ross
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Plaintiff: Manuela K. Gomeringer
Represented By: Steven Conrad Gendreau
Represented By: Amanda J. Sharkey Ross
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Defendant: THE BOAT HOUSE OF CAPE CORAL, LLC
Represented By: Michael F. Kayusa
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Defendant: Carolina Skiff, LLC
Represented By: Paul Courtney Huck, Jr
Represented By: Taylor Greene
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