Westpoint Home, LLC v. JR&CO., Inc.
Plaintiff: Westpoint Home, LLC
Defendant: JR&CO., Inc.
Case Number: 2:2024cv00778
Filed: August 26, 2024
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Nicholas P Mizell
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Property Damage
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 30, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2024 Opinion or Order Filing 31 ENDORSED ORDER granting #30 plaintiff's unopposed motion for extension of time to respond. By November 15, 2024, plaintiff must respond to the motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 10/18/2024. (RCD)
October 17, 2024 Opinion or Order Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss Complaint by Westpoint Home, LLC. (Gomez-Rodon, Ashley) Motions referred to Magistrate Judge Nicholas P. Mizell.
October 14, 2024 Opinion or Order Filing 28 MOTION to Dismiss Complaint by JR&CO., Inc. (Attachments: #1 Exhibit A)(Schindler, Andrew) Modified on 10/15/2024 to edit docket text (RN).
September 30, 2024 Opinion or Order Filing 26 NOTICE of compliance re #20 Order on Motion to Appear Pro Hac Vice, 5 Notice to Counsel of Local Rule 3 Notice to Counsel of Local Rule by Westpoint Home, LLC (Beigel, Herbert)
September 25, 2024 Opinion or Order Filing 25 ENDORSED ORDER granting #24 defendant's unopposed motion for extension of time to respond. By October 14, 2024, defendant must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 9/25/2024. (RCD)
September 24, 2024 Opinion or Order Filing 24 MOTION for Extension of Time to File Answer re #1 Complaint by JR&CO., Inc.. (Schindler, Andrew) Motions referred to Magistrate Judge Nicholas P. Mizell.
September 17, 2024 Opinion or Order Filing 22 NOTICE of Lead Counsel Designation by Jason Ryan Domark on behalf of Westpoint Home, LLC. Lead Counsel: Herbert Beigel. (Domark, Jason)
September 17, 2024 Opinion or Order Filing 21 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Westpoint Home, LLC identifying Corporate Parent American Entertainment Properties Corp., Corporate Parent Icahn Enterprises Holdings, LP, Corporate Parent Icahn Enterprises, LP for Westpoint Home, LLC.. (Domark, Jason)
September 16, 2024 Opinion or Order Filing 20 ORDER granting #13 renewed motion for special admission of attorney Herbert Beigel. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/16/2024. (RCD)
September 11, 2024 Opinion or Order Filing 18 NOTICE of Local Rule 3.01(g) Certification by Westpoint Home, LLC re #13 Renewed Second MOTION for Herbert Beigel to appear pro hac vice (Gomez-Rodon, Ashley) Modified text on 9/12/2024 (JK).
September 10, 2024 Opinion or Order Filing 17 NOTICE of compliance re #1 Complaint Amended Notice of Filing Affidavit of Return of Service by Westpoint Home, LLC (Attachments: #1 Exhibit A Affidavit of Return of Service)(Domark, Jason)
September 10, 2024 Opinion or Order Filing 16 NOTICE of compliance re #1 Complaint, #10 Summons issued Affidavit of Return of Service by Westpoint Home, LLC (Attachments: #1 Exhibit A - Affidavit of Return of Service)(Domark, Jason)
September 10, 2024 Opinion or Order Filing 15 NOTICE of hearing: Rule 16(b) Conference set for 11/19/2024 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 10/30/2024. 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: 24778. 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)
September 9, 2024 Opinion or Order Filing 14 NOTICE of Appearance by Andrew R. Schindler on behalf of JR&CO., Inc. (Schindler, Andrew)
September 9, 2024 Opinion or Order Filing 13 Second MOTION for Herbert Beigel to appear pro hac vice (RENEWED) by Westpoint Home, LLC. (Attachments: #1 Exhibit A - Declaration of Herbert Beigel)(Domark, Jason) Motions referred to Magistrate Judge Nicholas P. Mizell.
September 5, 2024 Opinion or Order Filing 12 ORDER denying without prejudice #8 motion for special admission of attorney Herbert Beigel. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/5/2024. (RCD)
September 5, 2024 Opinion or Order Filing 11 TEXT ORDER: Local Rule 3.03 requires that, with the first appearance, each party must file a disclosure statement using the standard form from the clerk or the court's website. Plaintiff failed to do so. By September 19, 2024, plaintiff must file its disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/form/disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 9/5/2024. (RCD)
August 30, 2024 Opinion or Order Filing 10 SUMMONS issued as to JR&CO., Inc. (LNR) Modified on 8/30/2024 (LNR).
August 29, 2024 Opinion or Order Filing 9 PROPOSED summons to be issued by Westpoint Home, LLC. (Domark, Jason)
August 28, 2024 Opinion or Order Filing 8 MOTION for Herbert Beigel to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22462032 for $150 by Westpoint Home, LLC. (Domark, Jason) Motions referred to Magistrate Judge Nicholas P. Mizell.
August 28, 2024 Opinion or Order Filing 7 ***Counsel notified to refile with correct defendant name*** PROPOSED summons to be issued by Westpoint Home, LLC. (Domark, Jason) Modified text on 8/29/2024 (MCB).
August 27, 2024 Opinion or Order Filing 6 NOTICE TO ALL COUNSEL 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). (GL)
August 27, 2024 Opinion or Order Filing 5 NOTICE TO COUNSEL Herbert Beigel of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. 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). (GL)
August 27, 2024 Opinion or Order Filing 4 CIVIL Action Order Signed by All Divisional Judges on 8/27/2024. (WRW)
August 27, 2024 Opinion or Order Filing 3 NOTICE TO COUNSEL Herbert Beigel Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details 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). (JOS)
August 27, 2024 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:24-cv-00778-JLB-NPM. (JOS)
August 26, 2024 Opinion or Order Filing 1 COMPLAINT against JR&CO., Inc. with Jury Demand (Filing fee $405 receipt number BFLMDC-22451692) filed by Westpoint Home, LLC. (Attachments: #1 Civil Cover Sheet)(Domark, Jason) Modified text on 8/27/2024 (GL).

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Plaintiff: Westpoint Home, LLC
Represented By: Jason Ryan Domark
Represented By: Ashley Lauren Gomez-Rodon
Represented By: Herbert Beigel, I
Represented By: Herbert Beigel, I
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Defendant: JR&CO., Inc.
Represented By: Andrew R. Schindler
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