Pagliara v. Club Brittany At Park Shore, Inc.,
Plaintiff: Timothy Pagliara
Defendant: Dan Dungan
Case Number: 2:2025cv00507
Filed: June 11, 2025
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Kyle C Dudek
Referring Judge: Douglas N Frazier
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 16, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2025 Opinion or Order Filing 33 NOTICE of Appearance by Eric S. Koenig on behalf of Dan Dungan (Koenig, Eric)
December 1, 2025 Opinion or Order Filing 32 MOTION to Stay by Club Brittany At Park Shore, Inc. (Bailey, Justin) Motions referred to Magistrate Judge Douglas N. Frazier.
December 1, 2025 Opinion or Order Filing 31 MOTION to Intervene by Club Brittany At Park Shore, Inc. (Bailey, Justin) Motions referred to Magistrate Judge Douglas N. Frazier.
December 1, 2025 Opinion or Order Filing 30 NOTICE of Lead Counsel Designation by Justin Bailey on behalf of Club Brittany At Park Shore, Inc. Lead Counsel: Justin Bailey. (Bailey, Justin)
November 19, 2025 Opinion or Order Filing 29 MOTION to Dismiss Plaintiff's Amended Complaint , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Dan Dungan. (Spivey, Bradley)
November 18, 2025 Opinion or Order Filing 28 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #27 Defendant's Motion to Dismiss. Defendant may refile the motion after complying with Local Rule 3.01(g). In future filings, the case caption should note that the case is in the Fort Myers Division, not Tampa, and include the correct Judges in the case number. Signed by District Judge Kyle C. Dudek on 11/18/2025. (BLW)
November 17, 2025 Opinion or Order Filing 27 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss Amended Complaint , MOTION to Dismiss for Failure to State a Claim by Dan Dungan. (Spivey, Bradley)
September 18, 2025 Opinion or Order Filing 26 WAIVER of service returned executed on 09-18-2025 by Timothy Pagliara as to Dan Dungan. (Attachments: #1 Appendix Waiver of Service of Summons)(Bulso, Eugene)
September 16, 2025 Opinion or Order Filing 25 ENDORSED ORDER denying as moot #16 Defendant Club Brittany at Park Shore, Inc.'s Motion to Dismiss because Club Brittany has been dropped from the case. See Doc. #21. Signed by Judge Kyle C. Dudek on 9/16/2025. (BLW)
September 16, 2025 Opinion or Order Filing 24 Case Reassigned to Judge Kyle C. Dudek. New case number: 2:25-cv-507-KCD-DNF. Judge John L. Badalamenti no longer assigned to the case. (LMW)
September 15, 2025 Opinion or Order Filing 23 Case Reassigned to Magistrate Judge Douglas N. Frazier. New case number: 2:25-cv-507-JLB-DNF. Magistrate Judge K. C. Dudek no longer assigned to the case. (AJS)
September 8, 2025 Opinion or Order Filing 22 NOTICE canceling Rule 16(b) hearing scheduled for 9/30/25. (CGW)
September 3, 2025 Opinion or Order Filing 21 CORRECTED AMENDED COMPLAINT against Dan Dungan filed by Timothy Pagliara. Related document: #20 Amended Complaint filed by Timothy Pagliara. (Attachments: #1 Exhibit Second Amended and Restated Declaration of Condominium, #2 Exhibit Second Amended and Restated Bylaws, #3 Exhibit Notice of Grievance dated May 12, 2025)(Bulso, Eugene) Modified on 9/4/2025 as to docket text (ARL).
September 3, 2025 Opinion or Order Filing 20 AMENDED COMPLAINT against Dan Dungan filed by Timothy Pagliara. (Attachments: #1 Exhibit Second Amended and Restated Declaration of Condominium, #2 Exhibit Second Amended and Restated Bylaws, #3 Exhibit Notice of Grievance dated May 12, 2025)(Bulso, Eugene) Modified on 9/4/2025 as to docket text (ARL).
August 25, 2025 Opinion or Order Filing 19 ENDORSED ORDER granting #18 Unopposed Motion for Extension of Time. Plaintiff must respond to the pending motion to dismiss on or before September 17, 2025. Signed by Magistrate Judge Kyle C. Dudek on 8/25/2025. (Dudek, Kyle)
August 25, 2025 Opinion or Order Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 Motion to Dismiss MOTION for More Definite Statement by Timothy Pagliara. (Bulso, Eugene) Motions referred to Magistrate Judge Kyle C. Dudek.
August 14, 2025 Opinion or Order Filing 17 NOTICE of hearing: Rule 16(b) Conference set for 9/30/2025 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 9/22/2025. Zoom instructions will be provided via separate email to counsel of record. (CGW)
August 13, 2025 Opinion or Order Filing 16 MOTION to Dismiss Complaint or in the Alternative MOTION for More Definite Statement by Club Brittany At Park Shore, Inc. (Spivey, Bradley) Modified on 8/14/2025 as to docket text (ARL). Added MOTION for More Definite Statement on 8/14/2025 (ARL).
July 29, 2025 Opinion or Order Filing 15 ENDORSED ORDER granting #14 unopposed Motion for Enlargement of Time. Defendant must file a responsive pleading on or before August 13, 2025. Signed by Magistrate Judge Kyle C. Dudek on 7/29/2025. (Dudek, Kyle)
July 29, 2025 Opinion or Order Filing 14 Unopposed MOTION for Extension of Time to File Answer #1 Complaint by Club Brittany At Park Shore, Inc. (Spivey, Bradley) Motions referred to Magistrate Judge Kyle C. Dudek. Modified on 7/30/2025 as to docket text (ARL).
July 29, 2025 Opinion or Order Filing 13 NOTICE of Appearance by Bradley Atwood Spivey on behalf of Club Brittany At Park Shore, Inc., (Spivey, Bradley) Modified on 7/30/2025 as to docket text (ARL).
July 29, 2025 Opinion or Order Filing 12 NOTICE of Appearance by James John Cannon on behalf of Club Brittany At Park Shore, Inc., (Cannon, James)
July 14, 2025 Opinion or Order Filing 11 RETURN of service executed on July 9, 2025 by Timothy Pagliara as to Club Brittany At Park Shore, Inc. (Bulso, Eugene)
July 13, 2025 Opinion or Order Filing 10 NOTICE of Lead Counsel Designation by Eugene N. Bulso, Jr on behalf of Timothy Pagliara. Lead Counsel: Eugene Nicholas Bulso, Jr.. (Bulso, Eugene)
July 13, 2025 Opinion or Order Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Timothy Pagliara. (Bulso, Eugene)
July 2, 2025 Opinion or Order Filing 8 SUMMONS issued as to Club Brittany At Park Shore, Inc. (KME)
July 2, 2025 Opinion or Order Filing 7 PROPOSED summons to be issued by Timothy Pagliara. (Bulso, Eugene)
June 27, 2025 Opinion or Order ***PRO HAC VICE FEES PAID (Receipt Number 17055 for $150) by attorney Eugene N. Bulso, Jr., appearing on behalf of Timothy Pagliara. Related document: #2 MOTION for Eugene N. Bulso, Jr. to appear pro hac vice. (ABM)
June 27, 2025 Opinion or Order FEES Paid by Timothy Pagliara (Filing fee $405, Receipt Number 17054). (ABM)
June 25, 2025 Opinion or Order Filing 6 ENDORSED ORDER. Upon filing a complaint, a plaintiff must either pay the filing fee or move to proceed in forma pauperis. Plaintiff Timothy Pagliara has done neither. Therefore, by July 2, 2025, Pagliara must either pay the filing fee or file a long-form application to proceed in forma pauperis (AO Form 239). Signed by Magistrate Judge Kyle C. Dudek on 6/25/2025. (DM)
June 16, 2025 Opinion or Order Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 6/16/2025. (CGW)
June 16, 2025 Opinion or Order Filing 4 NOTICE TO COUNSEL Eugene N. Bulso, Jr. Local Rule 2.01(c), Special Admission - 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). (ELA) Modified on 6/16/2025 to edit docket text. (WLB).
June 15, 2025 Opinion or Order Filing 3 ENDORSED ORDER granting #2 Motion to Appear Pro Hac Vice, which complies with Local Rule 2.01(c). Unless non-resident attorney Eugene N. Bulso, Jr. already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 6/15/2025. (Dudek, Kyle)
June 11, 2025 Opinion or Order Filing 2 MOTION for Eugene N. Bulso, Jr. to appear pro hac vice by Timothy Pagliara. (e-portal). (JTM) Motions referred to Magistrate Judge Kyle C. Dudek.
June 11, 2025 Opinion or Order Filing 1 COMPLAINT against Club Brittany At Park Shore, Inc., filed by Timothy Pagliara. "No IFP" (e-portal)(JTM)

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Plaintiff: Timothy Pagliara
Represented By: Eugene N. Bulso, Jr.
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Defendant: Dan Dungan
Represented By: Bradley Atwood Spivey
Represented By: Eric S. Koenig
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