Clark Pear LLC v. MVP Realty Associates LLC et al
| Clark Pear, LLC |
| MVP Realty Associates LLC |
| 2:2023cv00503 |
| July 7, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| Contract: Recovery/Enforcement |
| 23 U.S.C. § 1441 Contract Real Estate |
| None |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 36 NOTICE canceling Preliminary Pretrial Conference scheduled for 9/7/2023 (WRW) |
| Filing 35 NOTICE TO COUNSEL Thomas Grant Neusom, I of Local Rule 1.08(a), which specifies requirements relating to paper size, margins, page numbering, main text, indented quotations, footnotes, typeface and character spacing. (Signed by Deputy Clerk). (CTR) |
| Filing 34 RESPONSE re #2 Notice of appearance, 3 Case Assigned/Reassigned filed by Clark Pear, LLC. (Attachments: #1 State Court Other Documents Motion to strike, #2 State Court Other Documents Notice of Hearing, #3 State Court Other Documents Order to Amend, #4 State Court Other Documents Reconsideration, #5 State Court Other Documents Amended Complaint, #6 State Court Other Documents Motion To Strike, #7 State Court COMPLAINT Opposition And Resp by MVP, #8 State Court Other Documents MOT TO STRIKE, #9 State Court Other Documents Exhibits by Carlson, #10 Text of Proposed Order Order To Amend, #11 State Court Other Documents Motion To Change Venue, #12 State Court Other Documents Resp to venue change motion, #13 State Court Other Documents Reply to Venue Change, #14 State Court Other Documents Notice of Hearing, #15 State Court Other Documents Removal)(Neusom, Thomas) |
| Filing 33 MEMORANDUM in opposition re #25 Order, 26 Order on Motion to Remand to State Court, #22 Motion to Remand to State Court, #18 Order filed by Clark Pear, LLC. (Attachments: #1 State Court Other Documents, #2 State Court Other Documents, #3 State Court Other Documents, #4 State Court Other Documents, #5 State Court Other Documents, #6 State Court Other Documents, #7 State Court Other Documents, #8 State Court Other Documents, #9 State Court Other Documents, #10 State Court Other Documents, #11 State Court Other Documents, #12 State Court Other Documents, #13 State Court Other Documents, #14 State Court Docket Sheet)(Neusom, Thomas) |
| Filing 32 UNILATERAL CASE MANAGEMENT REPORT. (Neusom, Thomas) |
| Filing 31 MOTION for Reconsideration re #24 MOTION for Miscellaneous Relief, specifically Request for Judicial Notice #25 Order remanding this action, 26 Order denying as moot 22 motion to remand filed by Clark Pear, LLC. (Neusom, Thomas) Modified to edit event type on 8/18/2023 (HAI). |
| Filing 30 NOTICE of Lead Counsel Designation Lead Counsel: Thomas Neusom.RESPONSE filed by Clark Pear, LLC. (Neusom, Thomas) Modified to edit docket text on 8/18/2023 (HAI). |
| Filing 29 NOTICE TO COUNSEL homas Grant Neusom, I of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 28 MOTION for Summary Judgment by Clark Pear, LLC. (Attachments: #1 Exhibit)(Neusom, Thomas) Modified on 8/14/2023 to edit docket text (AJS). |
Filing 27
ENDORSED ORDER denying as moot #23 plaintiff's motion to determine constitutionality and #24 defendant's motion for judicial notice. See Docs. 25 and 26; see also M.D. Fla. R. 3.01(g). Signed by Magistrate Judge Nicholas P. Mizell on 8/10/2023. (BB)
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Filing 26
ENDORSED ORDER denying as moot #22 defendant's motion to remand because the court, after providing notice to the parties (Doc. #18), ordered the action remanded for lack of subject-matter jurisdiction (Doc. #25). This order is without prejudice to defendant's requests in the state-court proceeding for sanctions against plaintiff and its counsel. Moreover, attorney Thomas Grant Neusom (Florida Bar Number 37148) is referred to the court's grievance committee for investigation of unprofessional conduct. The committee is directed to investigate whether attorney Neusom's conduct related to this case, including both the items filed with the court and his communications (or lack thereof) with opposing counsel, fell short of professional and ethical norms and to recommend any remedial action. In addition to Florida's Rules of Professional Conduct, the court expects attorneys to abide by the Florida Bar's Professionalism Expectations and the Florida Bar Trial Lawyers Section's Guidelines for Professional Conduct. The improvident removal of this action and the colorable showing (Doc. #22 at 15) that plaintiff's filings cite fabricated authorities indicate that attorney Neusom has fallen short of these standards. Signed by Magistrate Judge Nicholas P. Mizell on 8/10/2023. (BB)
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Filing 25
ORDER remanding this action. If no objection is filed within fourteen days of this order, then the clerk is directed to terminate any motions and scheduled events, transmit a certified copy of this order to the Collier County, Florida, Clerk of Court, and close the case. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 8/10/2023. (BB) (Main Document 25 replaced on 8/11/2023, to include correct signature date of 8/10/2023, per chambers) (SMG).
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| Filing 24 MOTION for Miscellaneous Relief, specifically Request for Judicial Notice in support of the Motion for Remand and for a Show Cause Order for Sanctions (Doc 22) by MVP Realty Associates LLC. (Attachments: #1 Exhibit Ex A - April 28 2023 - Order Sanctioning Counsel, #2 Exhibit Ex B - Oct 5 2018 - Order on Motion for Sanctions, #3 Exhibit Ex C - Sep 28 2018 - Transcript of Proceeding on Order on Motion for Sanctions, #4 Exhibit Ex D - Mar 20 2019 - Order Granting Motion to Reinstate Attorney)(Joseph, Nabil) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 23 MOTION for Miscellaneous Relief, specifically unconstitutuinlity by Clark Pear, LLC. (Neusom, Thomas) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 22 MOTION to Remand to State Court For Lack of Subject Matter Jurisdiction, for an Award of Attorney's Fees and Costs, and for an Order To Show Cause Why Plaintiff Should Not Be Sanctioned for Vexatious and Dilatory Tactics by MVP Realty Associates LLC. (Attachments: #1 Exhibit First Notice of Removal, #2 Exhibit State Court Order Setting Hearings, #3 Exhibit Second Notice of Removal, #4 Exhibit Email Comm re Removal Juridiction, #5 Exhibit Third Notice of Removal, #6 Exhibit State Court Mot to Show Cause, #7 Exhibit Fourth Notice of Removal, #8 Exhibit Email Comm re Cited Authority, #9 Exhibit SDNY Order Mata v Avianca, #10 Exhibit Good Faith Correspondence Aug 7)(Joseph, Nabil) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 21
TEXT ORDER denying without prejudice #14 Plaintiff's Motion for Summary Judgment Under Federal Rule 56. Plaintiff's motion is due to be denied for several reasons. To begin, the motion fails to include an appropriate "Statement of Material Facts," supported by pinpoint citations to the record. In fact, the entire motion is devoid of pinpoint citations. Counsel must review the Court's Instructions Regarding a Statement of Material Facts for a Motion for Summary Judgment (available under the "Forms" tab at www.flmd.uscourts.gov/judges/john-badalamenti) before filing any further Rule 56 motion. Plaintiff's motion also runs afoul of the Court's Civil Action Order, which requires "[d]ocuments that accompany a paper [to] be filed as separate PDF files." (Doc. #4 at 7). Additionally, the motion's "arguments" section fails to include a sufficient legal memorandum supporting Plaintiff's request for relief as required by Local Rule 3.01(a). Indeed, the case law cited by Plaintiff wholly fails to assist the Court in resolving the present dispute and the motion is devoid of legal analysis. The Court cannot and will not perform legal analysis for Plaintiff. See Fils v. City of Aventura, 647 F.3d 1272, 1284 (11th Cir. 2011) ("To prevail on a particular theory of liability, a party must present... argument[s] to the district court.... [D]istrict courts cannot concoct or resurrect arguments neither made nor advanced by the parties."); Monroe Cnty. Employees' Ret. Sys. v. S. Co., 333 F. Supp. 3d 1315, 1322 (N.D. Ga. 2018) ("It is not the role of the Court to make arguments for the parties but to consider and decide the specific arguments made by the parties."). Accordingly, Plaintiff's motion is denied without prejudice to being refiled, if appropriate, in full compliance with the Court's orders and local rules. Signed by Judge John L. Badalamenti on 8/4/2023. (WJF)
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| Filing 20 RESPONSE re #18 Order to show cause filed by Clark Pear, LLC. (Attachments: #1 State Court Docket Sheet)(Neusom, Thomas) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Clark Pear LLC. Modified on 7/26/2023 (BB). |
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Filing 18
ORDER TO SHOW CAUSE: The clerk is directed to strike Clark Pear's "UNILATERAL CASE MANAGEMENT REPORT" (Doc. 9) and remove the PDF from the docket. By August 7, 2023, Clark Pear must file either a voluntary notice of remand or a supplemental notice of removal showing cause why the court has jurisdiction. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 7/24/2023. (BB)
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| Filing 17 NOTICE of Lead Counsel Designation by Nabil Joseph on behalf of MVP Realty Associates LLC. Lead Counsel: Nabil Joseph. (Joseph, Nabil) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #4 Civil Action Order, 15 Order , Docket Text Entry, by MVP Realty Associates LLC. (Joseph, Nabil) |
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Filing 15
TEXT ORDER: Local Rule 3.03 directs each party to file an interested-persons disclosure with their first appearance. The Civil Action Order (Doc. #4) reminded the parties of this requirement. The parties have failed to do so. By July 28, 2023, the parties must either file their respective Local Rule 3.03 disclosures (using the correct form located on the court's website on under the "Forms" tab of either judge's webpage) or show cause why they should not be sanctioned. Signed by Magistrate Judge Nicholas P. Mizell on 7/24/2023. (BB)
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| Filing 14 MOTION for Summary Judgment by Clark Pear, LLC. (Neusom, Thomas) |
| Filing 13 CIVIL Action Order Signed by All Divisional Judges on 7/10/2023. (filed in 2:23-cv-501-JLB-NPM on 7/10/2023)(LD) |
| Filing 12 SECOND AMENDED COMPLAINT against MVP Realty Associates LLC filed by Clark Pear, LLC. (filed in 2:23-cv-501-JLB-NPM on 7/7/2023)(LD) |
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Filing 11
ORDER consolidating Clark Pear LLC v. MVP Realty Associates LLC, No. 2:23-cv-501-JLB-NPM, and Clark Pear LLC v. MVP Realty Associates LLC, No. 2:23-cv-503-JLB-NPM and designating Clark Pear LLC v. MVP Realty Associates LLC, No. 2:23-cv-503-JLB-NPM as the lead case. The Clerk of Court is DIRECTED to move all documents in Clark Pear LLC v. MVP Realty Associates LLC, No. 2:23-cv-501-JLB-NPM to the lead case. The Clerk is further directed to: (a) file a copy of this Order in both cases; (b) close Clark Pear LLC v. MVP Realty Associates LLC, No. 2:23-cv-501-JLB-NPM; and (c) file all future documents as they pertain to this dispute in the lead case. See Order for details. Signed by Judge John L. Badalamenti on 7/19/2023. Signed by Judge John L. Badalamenti on 7/19/2023. (LD)
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| Filing 10 **ENTERED IN ERROR** |
| Filing 9 STRIKEN per #18 Order; UNILATERAL CASE MANAGEMENT REPORT. (Neusom, Thomas) (Modified on 7/25/2023 to edit docket text and remove PDF from docket) (JDR). |
| Filing 8 NOTICE of Non-Compliance by MVP Realty Associates LLC re #1 Notice of Removal #5 Amended Complaint of Non-Compliance with Local Rule 1.06(b) and Request Upon Plaintiff for Compliance (Attachments: #1 Exhibit State Court Docket Printout)(Joseph, Nabil) |
| Filing 7 NOTICE of hearing: Preliminary Pretrial Conference set for 9/7/2023 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 8/21/2023. 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: 23503. 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) |
| Filing 6 NOTICE TO COUNSEL Danielle Crawley 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. (Signed by Deputy Clerk). (LSS) |
| Filing 4 CIVIL Action Order. Signed by All Divisional Judges on 7/10/2023. (WRW) |
| Filing 3 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-00503-JLB-NPM. (JG) |
| Filing 2 NOTICE of Appearance by Nabil Joseph on behalf of MVP REALTY ASSOCIATES LLC (Joseph, Nabil) |
| Filing 5 SECOND AMENDED COMPLAINT against MVP Realty Associates LLC filed by Clark Pear, LLC. (Filed in state court on 5/26/2023)(LSS) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Circuit Court, case number 2023-CV-000111 filed in State Court on January 23, 2023. Filing fee $402, receipt number AFLMDC-21020163 filed by CLARK PEAR LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Motion to Dismiss, #3 State Court Other Documents, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 State Court Other Documents)(Neusom, Thomas) Modified text on 7/10/2023 (LSS). Modified on 7/10/2023 (LSS). |
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| Plaintiff: Clark Pear, LLC | |
| Represented By: | Thomas Grant Neusom, I |
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| Defendant: MVP Realty Associates LLC | |
| Represented By: | Danielle Crawley |
| Represented By: | Nabil Joseph |
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