Harrell & Co Architects- Florida, Inc. v. Hemmer Construction, Inc. et al
| Harrell & Co Architects- Florida, Inc. |
| HEMMER CONSTRUCTION, INC., BETHANY O'NEIL INTERIOR DESIGN LLC and Cronin Engineering Inc. |
| 2:2025cv00555 |
| June 27, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Nicholas P Mizell |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 23, 2025. A more recent docket listing may be available from PACER.
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Filing 46
ENDORSED ORDER granting #45 defendants' unopposed motion for extension of time to respond. By January 16, 2026, defendants must respond to the amended complaint. Signed by Magistrate Judge Nicholas P. Mizell on 12/23/2025. (TLP)
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| Filing 45 Time Sensitive MOTION for Extension of Time to File Answer re #44 Amended Complaint (Unopposed), Filed Jointly by All Defendants. (Ruiz, Oliver) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 44 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Harrell & Co Architects- Florida, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Alvarez, Adrian) Modified on 12/15/2025as to docket text (ARL). |
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Filing 43
ORDER denying #41 Motion to Dismiss; granting #22 Motion to Dismiss; denying #27 Motion to Dismiss. See order for further details and instructions. Signed by District Judge Kyle C. Dudek on 12/4/2025. (Dudek, Kyle)
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Filing 42
ENDORSED ORDER denying as moot #29 Defendant Bethany O'Neil Interior Design LLC's Motion to Dismiss because a subsequent motion has been filed (Doc. 41) that contains the omitted pages the Court requested. The Court will address the subsequent motion in its forthcoming order. Signed by District Judge Kyle C. Dudek on 11/26/2025. (Dudek, Kyle)
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| Filing 41 MOTION to Dismiss Complaint by Bethany O'Neil Interior Design LLC. (Livingston, Edward) |
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Filing 40
ENDORSED ORDER. Defendant Bethany O'Neil Interior Design LLC has filed a motion to dismiss #29 that is missing several pages of substantive argument. By 5:00 pm on November 26, 2025, Defendant Bethany O'Neil Interior Design LLC must refile its motion with all pages attached. Failure to do so will result in this Court striking the motion as deficient and directing an answer. Signed by District Judge Kyle C. Dudek on 11/25/2025. (Dudek, Kyle)
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Filing 38
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/24/2026 Dispositive motions due by 7/22/2026 Plaintiff disclosure of expert report due by 3/25/2026 Defendant disclosure of expert report due by 4/24/2026. Final Pretrial Conference set for 1/29/2027 at 01:30 PM in Ft. Myers Courtroom 6 B before Judge Kyle C. Dudek Jury Trial set for February 1 2027 Trial Term in Ft. Myers Courtroom 6 B before Judge Kyle C. Dudek. Conduct mediation hearing by 7/1/2026. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 9/18/2025. (FLY)
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Filing 37
ORDER granting joint oral motion #36 for entry of a 502(d) Order. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/18/2025. (TLP)
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| Filing 36 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: RULE 16(b) CONFERENCE held on 9/18/2025. (Digital) (CGW) |
| Filing 35 Case Reassigned to Judge Kyle C. Dudek. New case number: 2:25-cv-555-KCD-NPM. Judge John L. Badalamenti no longer assigned to the case. (AET) |
| Filing 34 RESPONSE to Motion re #27 MOTION to Dismiss the Complaint , or alternatively, Motion for More Definite Statement, with an incorporated Memorandum of Law, #29 MOTION to Dismiss for Failure to State a Claim filed by Harrell & Co Architects- Florida, Inc.. (Alvarez, Adrian) |
| Filing 33 CASE MANAGEMENT REPORT. (Alvarez, Adrian) |
| Filing 32 RESPONSE in Opposition re #22 MOTION to Dismiss Defendant's Motion to Dismiss and Incorporated Memorandum of Law filed by Harrell & Co Architects- Florida, Inc. (Alvarez, Adrian) Modified on 9/2/2025 to edit the docket text (MLB). |
| Filing 31 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Cronin Engineering Inc. (Hurcomb, Jeffrey) Modified on 8/28/2025 to edit docket text. (WLB). |
| Filing 30 AMENDED DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Hemmer Construction, Inc.. (Suero, Cleo) Modified on 8/25/2025 (TLP). |
| Filing 29 MOTION to Dismiss for Failure to State a Claim by Bethany O'Neil Interior Design LLC. (Livingston, Edward) |
| Filing 28 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Hemmer Construction, Inc.. (Suero, Cleo) |
| Filing 27 MOTION to Dismiss the Complaint , or alternatively, Motion for More Definite Statement, with an incorporated Memorandum of Law by Hemmer Construction, Inc.. (Suero, Cleo) |
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Filing 26
ENDORSED ORDER granting #25 unopposed motions for attorneys Floyd S. Yarnell and Yasser Lakhlifi to withdraw as counsel for defendant Hemmer Construction, Inc. The clerk is directed to remove Yarnell and Lakhlifi as counsel of record and discontinue sending them electronic notices. Attorneys Yarnell and Lakhlifi are relieved of any further responsibility for this matter. Signed by Magistrate Judge Nicholas P. Mizell on 8/20/2025. (TLP)
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| Filing 25 MOTION for Floyd Yarnell & Yasser Lakhlifi to Withdraw as Attorney for Hemmer Construction, Inc. by Hemmer Construction, Inc. (Yarnell, Floyd) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 8/20/2025 (JKB). |
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Filing 24
ENDORSED ORDER denying without prejudice #23 construed motion to withdraw Floyd S. Yarnell and Yasser Lakhlifi as counsel for defendant Hemmer Construction, Inc. The submitted form does not comply with Local Rule 2.02(c). The document nevertheless operates as a notice of appearance by attorney Oliver Alan Ruiz. Attorneys Yarnell and Lakhlifi remain counsel of record. Signed by Magistrate Judge Nicholas P. Mizell on 8/18/2025. (TLP)
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| Filing 23 STIPULATION for Substitution of Counsel by Hemmer Construction, Inc. (Ruiz, Oliver) Modified on 8/18/2025 (TLP). Modified text to remove extra period on 8/18/2025 (AA). |
| Filing 22 MOTION to Dismiss Defendant's Motion to Dismiss and Incorporated Memorandum of Law by Cronin Engineering Inc. (Hurcomb, Jeffrey) Modified on 8/12/2025 to edit the docket text (MLB). |
| Filing 21 NOTICE of compliance re 16 Notice to Counsel of Local Rule 2.01(b)(2)(B) by Hemmer Construction, Inc. (Lakhlifi, Yasser) |
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Filing 20
ENDORSED ORDER granting #18 defendant Cronin Engineering, Inc.'s unopposed motion for extension of time to respond. By August 8, 2025, Cronin Engineering must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 7/31/2025. (TLP)
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| Filing 19 NOTICE of Lead Counsel Designation by Jeffrey William Hurcomb on behalf of Cronin Engineering Inc.. Lead Counsel: Jeffrey Hurcomb. (Hurcomb, Jeffrey) |
| Filing 18 First MOTION for Extension of Time to File Answer re #1 Complaint by Cronin Engineering Inc.. (Hurcomb, Jeffrey) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 17 NOTICE of hearing: Rule 16(b) Conference set for 9/18/2025 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. A Case Management Report to be filed by 9/8/2025. DIAL: 1-650-479-3207, Access code: 2316 024 8769(WRW) |
| Filing 16 NOTICE TO COUNSEL Yasser Lakhlifi 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). (ELA) |
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Filing 15
ENDORSED ORDER granting #13 defendant Hemmer Construction, Inc.'s unopposed motion for extension of time to respond. By August 22, 2025, Hemmer Construction must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 7/23/2025. (TLP)
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Filing 14
ENDORSED ORDER granting #11 defendant Bethany O'Neil Interior Design LLC's unopposed motion for extension of time to respond. By August 23, 2025, Bethany O'Neil Interior Design must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 7/23/2025. (TLP)
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| Filing 13 UNOPPOSED MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Hemmer Construction, Inc. (Yarnell, Floyd) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 7/23/2025 to edit docket text (ELA). |
| Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Bethany O'Neil Interior Design LLC. (Livingston, Edward) |
| Filing 11 Unopposed MOTION for Extension of Time to File Answer by Bethany O'Neil Interior Design LLC. (Livingston, Edward) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 7/22/2025 as to docket text (ARL). |
| Filing 10 NOTICE of Lead Counsel Designation by Edward Michael Livingston on behalf of Bethany O'Neil Interior Design LLC. Lead Counsel: Edward M. Livingston. (Livingston, Edward) |
| Filing 9 CIVIL Action Order Signed by All Divisional Judges on 7/8/2025. (WRW) |
| Filing 8 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Harrell & Co Architects- Florida, Inc.. (Alvarez, Adrian) |
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Filing 7
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 July 8, 2025, 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 7/1/2025. (TLP)
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| Filing 6 NOTICE of Lead Counsel Designation by Adrian Jorge Alvarez on behalf of Harrell & Co Architects- Florida, Inc.. Lead Counsel: Adrian J. Alvarez, Esq.. (Alvarez, Adrian) |
| Filing 5 SUMMONS issued as to Bethany O'Neil Interior Design LLC, Cronin Engineering Inc., Hemmer Construction, Inc. (JOS) |
| Filing 4 Copyright Report electronically sent to the U.S. Copyright Office. (JOS) |
| Filing 3 NOTICE TO COUNSEL Adrian Jorge Alvarez 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). (JOS) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-00555-JLB-NPM. (JOS) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-23542615) filed by Harrell & Co Architects- Florida, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Summons - Bethany, #9 Proposed Summons - Cronin, #10 Proposed Summons - Hemmer)(Alvarez, Adrian) Modified docket text on 6/30/2025 (JOS). |
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