SALEM HOMES OF FLORIDA, INC. v. RES-CARE, INC.
| Salem Homes Of Florida, Inc. |
| Res-Care Inc. |
| 3:2019cv00333 |
| March 22, 2019 |
| US District Court for the Middle District of Florida |
| Jacksonville Office |
| Brian J Davis |
| Monte C Richardson |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on June 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 61 RESPONSE re #60 Response in Opposition to Motion Response in Opposition to Application for Leave to File an Amended Complaint filed by Res-Care Inc.. (Marquart, Ernest) |
| Filing 60 RESPONSE in Opposition re #59 MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law filed by Salem Homes Of Florida, Inc.. (Lopez, Lindsay) |
| Filing 59 MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law re #55 by Res-Care Inc. (Attachments: #1 Exhibit Exhibit A)(Marquart, Ernest) Modified on 5/21/2019 to edit text (PAM). |
| Filing 58 CASE REFERRED to Mediation. (AEJ) |
Filing 57
ORDER DENYING AS MOOT #43 Renewed Motion to Dismiss. Signed by Judge Brian J. Davis on 5/7/2019. (AMP)
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Filing 56
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 4/30/2020; Conduct mediation hearing by 5/18/2020; Dispositive motions due by 5/29/2020; Pretrial statement due by 9/16/2020; Final Pretrial Conference set for 9/23/2020 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Bench Trial set for trial term commencing on 10/5/2020 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 5/6/2019. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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| Filing 55 AMENDED COMPLAINT against Res-Care Inc. filed by Salem Homes Of Florida, Inc.. (Attachments: #1 Exhibit, #2 Exhibit)(Lopez, Lindsay) |
| Filing 54 CERTIFICATE of interested persons and corporate disclosure statement by Salem Homes Of Florida, Inc.. (McBride, William) |
| Filing 53 CASE MANAGEMENT REPORT. (Lopez, Lindsay) |
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Filing 52
ENDORSED ORDER: #47 Plaintiff's Agreed Motion for Extension of Time to Respond to Motion to Dismiss is GRANTED. On or before May 6, 2019, Plaintiff shall file a response to #43 Defendant's Renewed Motion to Dismiss, or the Motion (Doc. #43) will be treated as unopposed. Signed by Judge Brian J. Davis on 4/22/2019. (CKS)
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Filing 51
ENDORSED ORDER granting #50 Motion to Withdraw and to Substitute Attorney. Steven A. Meckler is relieved of any further responsibility as counsel for Defendant in this matter, but he shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 4/22/2019. (ADM)
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| Filing 50 UNOPPOSED MOTION for Steven Meckler to withdraw as attorney , Unopposed MOTION to Substitute Attorney Ernest Marquart and Jeffrey Fabian by Res-Care Inc. (Marquart, Ernest) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 4/22/2019 to edit text (PAM). |
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Filing 49
ENDORSED ORDER granting #48 Motion to Substitute Attorney and to Withdraw. Attorneys Chad A. Archer and Peter Joseph Juran are relieved of any further responsibility as counsel for Plaintiff in this matter, but they shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. The Clerk shall add the firm of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A. as counsel of record for Plaintiff. Signed by Magistrate Judge Monte C. Richardson on 4/17/2019. (ADM)
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| Filing 48 UNOPPOSED MOTION to Substitute Attorney , Unopposed MOTION for Peter J. Juran and Chad A. Archer to withdraw as attorney by Salem Homes Of Florida, Inc. (McBride, William) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 4/17/2019 to edit text (PAM). |
| Filing 47 AGREED MOTION for Extension of Time to File Response as to #43 MOTION to Dismiss Complaint and Supporting Memorandum of Law by Salem Homes Of Florida, Inc. (McBride, William) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 4/16/2019 to edit text (PAM). |
| Filing 46 Written designation and consent to act by Ernest Joseph Marquart on behalf of Res-Care Inc.. Local Counsel: Ernest J. Marquart. Non-Resident Counsel: David Tachau and Jon Salomon. (Marquart, Ernest) |
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Filing 45
ENDORSED ORDER granting #42 motion to appear pro hac vice. If David Tachau and Jon Salomon have not already done so, they shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 4/8/2019. (ADM)
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| Filing 44 NOTICE of Appearance by Lindsay Patrick Lopez on behalf of Salem Homes Of Florida, Inc. (Lopez, Lindsay) |
| ***PRO HAC VICE FEES paid by attorney Jon Salomon, appearing on behalf of Res-Care Inc. (Filing fee $150 receipt number JAX030548.) Related document: #42 MOTION for David Tachau and Jon Salomon to appear pro hac vice. (AFC) |
| ***PRO HAC VICE FEES paid by attorney David Tachau, appearing on behalf of Res-Care Inc. (Filing fee $150 receipt number JAX030549.) Related document: #42 MOTION for David Tachau and Jon Salomon to appear pro hac vice. (AFC) |
| Filing 43 MOTION to Dismiss Complaint and Supporting Memorandum of Law by Res-Care Inc.. (Attachments: #1 Exhibit 1)(Marquart, Ernest) |
| Filing 42 MOTION for David Tachau and Jon Salomon to appear pro hac vice by Res-Care Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Marquart, Ernest) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 41 CERTIFICATE of interested persons and corporate disclosure statement by Res-Care Inc. (Marquart, Ernest) Modified on 4/4/2019 to edit text (PAM). |
| Filing 40 NOTICE of Appearance by Jeffrey B. Fabian on behalf of Res-Care Inc. (Fabian, Jeffrey) |
| Filing 39 NOTICE of Appearance by Ernest Joseph Marquart on behalf of Res-Care Inc. (Marquart, Ernest) |
| Filing 38 NOTICE of Appearance by Richard M. Hanchett on behalf of Salem Homes Of Florida, Inc. (Hanchett, Richard) |
| Filing 37 AMENDED NOTICE of Appearance by William Albert McBride on behalf of Salem Homes Of Florida, Inc. (McBride, William) Modified on 4/2/2019 to edit text (PAM). |
| Filing 36 NOTICE of Appearance by William Albert McBride on behalf of Salem Homes Of Florida, Inc. (McBride, William) |
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Filing 35
ORDERED: Counsel is directed to file a Case Management Report on or before April 25, 2019. Signed by Judge Brian J. Davis on 3/25/2019. (CKS)
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| Filing 34 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 3/25/2019. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(CKS) |
| Filing 33 TRANSFER IN from the North Carolina Middle District, Winston-Salem Divison. Case assigned to District Judge Brian J. Davis and Magistrate Judge Monte C. Richardson. New Case Number: 3:19-cv-333-J-39MCR. (PAM) |
| Filing 32 NOTICE to counsel of Local Rule 2.02 as to Counsel: Peter Joseph Juran, Chad A. Archer, David B. Tachau, Jonathan T. Salomon, Steven A. Meckler (signed by deputy clerk). (PAM) |
| Filing 31 Case transferred in from District of North Carolina Middle; Case Number 1:18-cv-00290. File received electronically |
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Filing 30
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 3/21/2019. The Magistrate Judge's Memorandum Opinion and Order (Doc. #24 ) denying Defendant's motion to transfer is VACATED. FURTHER that Defendant's Motion to Transfer (Doc. #16 ) is GRANTED and this case is TRANSFERRED to the United States District Court for the Middle District of Florida pursuant to 28 U.S.C. 1404(a) for further proceedings. FURTHER that Defendant's Motion to Dismiss (Doc. #13 ) is DENIED AS MOOT, without prejudice to Defendant re-filing this motion in the transferee court. (Daniel, J) [Transferred from ncmd on 3/22/2019.]
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| Filing 29 RESPONSE to Order Entered March 1, 2019 filed by SALEM HOMES OF FLORIDA, INC.. (ARCHER, CHAD) [Transferred from ncmd on 3/22/2019.] |
| Filing 28 Supplemental BRIEF in Compliance with Order of March 1, 2019 by Defendant RES-CARE, INC. filed by RES-CARE, INC.. (MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
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Filing 27
ORDER, signed by JUDGE WILLIAM L. OSTEEN, JR on 3/1/2019, that: (1) Within 7 days of the entry of this order, Defendant shall file a brief, no longer than 5 pages in length, with citation to relevant authority, explaining why this court should consider the new argument that the forum selection clause applies to control the venue determination. See, e.g. Claytor v. Computer Assocs. Intl, Inc., 211 F.R.D. 665, 667 (D. Kan. 2003) (The clearly erroneous standard of review does not permit a party to obtain "a 'second shot' based on new arguments.").(2) Within 10 days following entry of this order, Plaintiff shall file a brief, no more than 5 pages in length, explaining its conclusory assertion that the forum selection clause in the security agreement does not relate to this litigation, giving consideration to cases such as Sucampo Pharm., Inc. v. Astellas Pharma, Inc., 471 F.3d 544, 55051 (4th Cir. 2006); and Drews Distrib., Inc. v. Silicon Gaming, Inc., 245 F.3d 347, 350 (4th Cir. 2001). (Butler, Carol) [Transferred from ncmd on 3/22/2019.]
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| CASE REFERRED re: Proposed Order on #24 Memorandum Opinion and Order, #25 Objection to Recommended Ruling - Magistrate Judge, #26 Response to Objection to Recommended Ruling, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) [Transferred from ncmd on 3/22/2019.] |
| CASE REFERRED re: #24 Memorandum Opinion and Order, #25 Objections, #26 Response to Objections, to Judge MAG/JUDGE L. PATRICK AULD (Welch, Kelly) [Transferred from ncmd on 3/22/2019.] |
| Filing 26 RESPONSE TO OBJECTION to #25 Recommended Ruling filed by SALEM HOMES OF FLORIDA, INC.. (ARCHER, CHAD) [Transferred from ncmd on 3/22/2019.] |
| Filing 25 OBJECTION to #24 Memorandum and Opinion, Order filed by Defendant RES-CARE, INC. (Attachments: #1 Exhibit Supplemental Affidavit of Robert Barnes)(MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Filing 24 MEMORANDUM OPINION AND ORDER, signed by MAG/JUDGE L. PATRICK AULD on 11/2/2018. that the Transfer Motion (Docket Entry #16 ) is DENIED. (Butler, Carol) [Transferred from ncmd on 3/22/2019.] |
| Motions Referred re: #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #16 MOTION to Transfer Case, to MAG/JUDGE L. PATRICK AULD (Welch, Kelly) [Transferred from ncmd on 3/22/2019.] |
| Filing 23 REPLY, filed by Defendant RES-CARE, INC., to Response to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RES-CARE, INC.. (MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Filing 22 REPLY, filed by Defendant RES-CARE, INC., to Response to #16 MOTION to Transfer Case filed by RES-CARE, INC.. (MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Case Reassigned to JUDGE WILLIAM L. OSTEEN, JR. UNASSIGNED no longer assigned to the case. (Marsh, Keah) [Transferred from ncmd on 3/22/2019.] |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Transfer Case filed by RES-CARE, INC. filed by SALEM HOMES OF FLORIDA, INC.. Replies due by 7/2/2018 (JURAN, PETER) [Transferred from ncmd on 3/22/2019.] |
| Filing 20 RESPONSE filed by Plaintiff SALEM HOMES OF FLORIDA, INC. re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RES-CARE, INC. filed by SALEM HOMES OF FLORIDA, INC.. Replies due by 7/2/2018 (Attachments: #1 Affidavit Affidavit of Lisbeth C. Evans)(JURAN, PETER) [Transferred from ncmd on 3/22/2019.] |
| TEXT ORDER granting #18 Motion for Enlargement of Time. Plaintiff shall file any response to #13 Motion to Dismiss and #16 Motion to Transfer by 06/18/2018. Issued by MAG/JUDGE L. PATRICK AULD on 05/21/2018. (AULD, L.) [Transferred from ncmd on 3/22/2019.] |
| Filing 19 Notice to Parties RE: SO30. Responses due by 6/18/2018 (Winchester, Robin) [Transferred from ncmd on 3/22/2019.] |
| Motions Referred: RE: #18 Consent MOTION for Extension of Time to File Response/Reply as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION to Transfer Case , to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) [Transferred from ncmd on 3/22/2019.] |
| Filing 18 Consent MOTION for Extension of Time to File Response/Reply as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION to Transfer Case by SALEM HOMES OF FLORIDA, INC.. (Attachments: #1 Text of Proposed Order)(JURAN, PETER) [Transferred from ncmd on 3/22/2019.] |
| Filing 17 MEMORANDUM filed by Defendant RES-CARE, INC. re #16 MOTION to Transfer Case filed by RES-CARE, INC.. (MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Filing 16 MOTION to Transfer Case by RES-CARE, INC.. Response to Motion due by 6/4/2018 (Attachments: #1 Text of Proposed Order Proposed Order)(MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Filing 15 Additional Attachments to Main Document re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Proposed Order. (MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Filing 14 MEMORANDUM filed by Defendant RES-CARE, INC. re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RES-CARE, INC.. (Attachments: #1 Exhibit Exhibit A)(MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RES-CARE, INC.. Response to Motion due by 6/4/2018 (MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Motions Referred: RE: #12 MOTION to Exceed Page Limit , to MAG/JUDGE L. PATRICK AULD - (Williamson, Wanda) [Transferred from ncmd on 3/22/2019.] |
| TEXT ORDER denying #12 Motion for Leave to Exceed Word Count. According to #12 Motion, Defendant intends to file multiple motions, but wishes to file one consolidated, over-length brief in support of those motions. Although Defendant contends that approach will allow the parties to proceed most efficiently, Plaintiff disagrees (according to #12 Motion). The Local Rules contemplate separate motions and require a brief in support of each motion. Further, Defendant does not contend that it could not complete separate briefs within the existing word limits. Under these circumstances, the Court will require Defendant to submit separate briefs rather than one over-length brief. Issued by MAG/JUDGE L. PATRICK AULD on 05/09/2018. (AULD, L.) [Transferred from ncmd on 3/22/2019.] Modified on 3/22/2019 (SJW). |
| Filing 12 MOTION to Exceed Page Limit by RES-CARE, INC.. Responses due by 5/29/2018 (MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Filing 11 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff SALEM HOMES OF FLORIDA, INC. (JURAN, PETER) [Transferred from ncmd on 3/22/2019.] |
| Filing 10 NOTICE of Appearance by attorney DAVID B. TACHAU on behalf of Defendant RES-CARE, INC. (TACHAU, DAVID) [Transferred from ncmd on 3/22/2019.] |
| Filing 9 NOTICE of Appearance by attorney JONATHAN T. SALOMON on behalf of Defendant RES-CARE, INC. (SALOMON, JONATHAN) [Transferred from ncmd on 3/22/2019.] |
| Filing 8 NOTICE of Appearance by attorney CHAD A. ARCHER on behalf of Plaintiff SALEM HOMES OF FLORIDA, INC. (ARCHER, CHAD) [Transferred from ncmd on 3/22/2019.] |
| Filing 7 NOTICE of Appearance by attorney PETER JOSEPH JURAN on behalf of Plaintiff SALEM HOMES OF FLORIDA, INC. (JURAN, PETER) [Transferred from ncmd on 3/22/2019.] |
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ORDER granting #6 Motion for Extension of Time to Answer for RES-CARE, INC. Answer due 5/13/2018. Signed by Keah Marsh on behalf of John Brubaker, Clerk of Court, on 4/18/2018. (Marsh, Keah) [Transferred from ncmd on 3/22/2019.]
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| Filing 6 CONSENT MOTION for Extension of Time to File Answer by RES-CARE, INC. (Attachments: #1 Text of Proposed Order Proposed Order Extending Time)(MECKLER, STEVEN) Modified on 4/18/2018 to reflect motion is with consent. (Butler, Carol) [Transferred from ncmd on 3/22/2019.] |
| Case ASSIGNED to UNASSIGNED and MAGISTRATE JUDGE L. PATRICK AULD. Set flag for Magistrate Judge Joi Elizabeth Peake. (Coyne, Michelle) [Transferred from ncmd on 3/22/2019.] |
| CASE REFERRED to Standing Order 30. (Coyne, Michelle) [Transferred from ncmd on 3/22/2019.] |
| Filing 5 Notice of Right to Consent. (Coyne, Michelle) [Transferred from ncmd on 3/22/2019.] |
| Filing 4 Summons Issued as to RES-CARE, INC. (Original document issued in Forsyth County Superior Court, Case Number 18CVS834 on 02/14/2018 and is listed as Attachment 2 to the Petition for Removal) (Coyne, Michelle) [Transferred from ncmd on 3/22/2019.] |
| Filing 3 COMPLAINT against RES-CARE, INC., filed by SALEM HOMES OF FLORIDA, INC. (Original document filed in Filed in Forsyth County Superior Court and is listed as Attachment 2 to the Petition for Removal)(Coyne, Michelle) [Transferred from ncmd on 3/22/2019.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant RES-CARE, INC. (MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
| Filing 1 PETITION FOR REMOVAL against Res-Care, Inc. ( Filing fee $ 400 receipt number 0418-2331514.), filed by Res-Care, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C)(MECKLER, STEVEN) [Transferred from ncmd on 3/22/2019.] |
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