898 Fifth Avenue South Holdings, LLC v. Pear
| Clark John Pear |
| 898 Fifth Avenue South Holdings, LLC |
| 2:2023cv00576 |
| July 31, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 24, 2024. A more recent docket listing may be available from PACER.
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Filing 24
MOTION for Summary Judgment by Clark John Pear. (Attachments: #1 Composite Exhibits)(JK)
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Filing 23
UNILATERAL CASE MANAGEMENT REPORT. (JK)
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Filing 22
NOTICE canceling Preliminary Pretrial Conference scheduled for 9/21/2023 (WRW)
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Filing 21
Entered in error. (SPM)
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Filing 20
AFFIDAVIT of John I. Silverfield in support of award of Attorneys' Fees and Costs by 898 Fifth Avenue South Holdings, LLC. (Silverfield, John) Modified on 9/6/2023 (SPM).
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Filing 19
RESPONSE re #18 Objection filed by 898 Fifth Avenue South Holdings, LLC. (Attachments: #1 Exhibit A)(Silverfield, John) Modified on 9/6/2023 (SPM).
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Filing 18
OBJECTION re #17 Order on Motion to Remand to State Court. (JK)
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Filing 17
ORDER granting #5 plaintiff's motion to remand. 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 8/23/2023. (JMM)
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Filing 16
RESPONSE TO ORDER TO SHOW CAUSE re #11 Order to show cause, filed by Clark John Pear. (JK)
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FEES Paid by Clark John Pear (Filing fee $402, Receipt Number 16344). (JK)
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Filing 15
COMPLAINT against Clark John Pear filed by 898 Fifth Avenue South Holdings, LLC. FILED in State Court on 05/22/2023. (Attachments: #1 Composite Exhibits)(JK)
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Filing 14
SUPPLEMENT re #1 Notice of Removal, by Clark John Pear. (Attachments: #1 State Court Docket Sheet, #2 State Court COMPLAINT, #3 Exhibit to State Complaint, #4 State Court Other Documents)(JK)
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Filing 13
RESPONSE to Motion re #5 MOTION to Remand to State Court filed by Clark John Pear. (Attachments: #1 Composite Exhibits)(JK)
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Filing 12
TEXT ORDER directing the clerk to strike #10 defendant Clark Pear's purported counterclaims. Any counterclaim must be stated in defendant's answer, so Pear apparently intends to amend whatever answer he filed in the state-court proceeding (in violation of Local Rule 1.06(b), a complete copy of the state-court record was not filed with the notice of removal). And an amended answer may be filed only with an opposing party's consent or the court's leave. Pear does not have leave to amend, and there is no indication that plaintiff consented to any amendment. Signed by Magistrate Judge Nicholas P. Mizell on 8/10/2023. (JMM)
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Filing 11
ORDER to show cause. By August 18, 2023, defendant Clark Pear must either file a voluntary notice of remand or a supplemental notice of removal showing cause how this court has jurisdiction. By such date, Clark must pay the filing fee. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 8/10/2023. (JMM)
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Filing 10
(STRICKEN per Court Order 12, defendant Pear's purported counterclaims) COMPLAINT against 898 Fifth Avenue South Holdings, LLC, COUNTERCLAIM against 898 Fifth Avenue South Holdings, LLC 898 Fifth Avenue South Holdings, LLC filed by Clark John Pear. (Attachments: #1 Composite Exhibits)(JK) Modified filing date on 8/8/2023 (JK). Modified on 8/11/2023 to edit text (AET).
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Filing 9
SUPPLEMENT re #1 Notice of Removal, by Clark John Pear. (JK)
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Filing 8
CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by 898 Fifth Avenue South Holdings, LLC. (Silverfield, John)
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Filing 7
NOTICE of a related action per Local Rule 1.07(c) by 898 Fifth Avenue South Holdings, LLC. Related case(s): Yes (Silverfield, John)
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Filing 6
NOTICE of Lead Counsel Designation by John Irwin Silverfield on behalf of 898 Fifth Avenue South Holdings, LLC. Lead Counsel: John I. Silverfield, Esq.. (Silverfield, John)
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Filing 5
MOTION to Remand to State Court by 898 Fifth Avenue South Holdings, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Silverfield, John) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 4
NOTICE of hearing: Preliminary Pretrial Conference set for 9/21/2023 at 10:45 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. A Case Management Report to be filed by 9/11/2023. (WRW)
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Filing 3
CIVIL Action Order Signed by All Divisional Judges on 8/3/2023. (WRW)
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Filing 2
NOTICE of Appearance by John Irwin Silverfield on behalf of 898 Fifth Avenue South Holdings, LLC (Silverfield, John)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit - Collier County, case number 2023-CC-001012 filed by Clark John Pear. Fee Due. (JK) Modified to reflect received via portal, no additional filings included on 8/1/2023 (JK).
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