Whittington Jr. v. Whittington et al
Plaintiff: Dale L Whittington Jr.
Defendant: Nerissa Whittington, Trustee Nerissa Whittington and Nerissa J. Whittington
Case Number: 6:2019cv01631
Filed: August 22, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Paul G Byron
Referring Judge: Daniel C Irick
Nature of Suit: Contract: Other
Cause of Action: 29 U.S.C. § 1109 Breach of Fiduciary Duties
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2021 Opinion or Order Filing 193 ENDORSED ORDER denying as moot #184 Motion to Enforce Charging Lien, as the Motion was withdrawn. Doc. 192. Signed by Magistrate Judge Daniel C. Irick on 9/27/2021. (Irick, Daniel)
September 24, 2021 Filing 192 NOTICE of withdrawal of motion and Satisfaction of Attorney's Charging Lien DE 176 by Pankauski Hauser Lazarus PLLC re #184 MOTION to Enforce Charging Lien and Incorporated Memorandum of Law (Pankauski, John) Modified text on 9/27/2021 (MEJ).
September 22, 2021 Opinion or Order Filing 191 ORDER to Show Cause : On or before September 27, 2021, Plaintiff is directed to show cause why the Motion to Enforce a Charging Lien (Doc. 184) should not be granted. The failure to comply within the allotted time may result in a recommendation to the Court that the Motion (Doc.184) be granted without further notice. See Order. Signed by Magistrate Judge Daniel C. Irick on 9/22/2021. (RN)
September 10, 2021 Opinion or Order Filing 190 ENDORSED ORDER granting #189 Unopposed Motion for Extension of Time to File Response to #184 Motion to Enforce Charging Lien. Response due by 9/15/2021. Signed by Magistrate Judge Daniel C. Irick on 9/10/2021. (Irick, Daniel)
September 9, 2021 Filing 189 MOTION for Extension of Time to File Response/Reply as to #184 MOTION for Miscellaneous Relief, specifically to Enforce Charging Lien and Incorporated Memorandum of Law by Dale L Whittington Jr.. (Livingston, Scott)
September 9, 2021 Opinion or Order Filing 188 ENDORSED ORDER denying without prejudice #187 Request for Oral Argument re #184 MOTION to Enforce Charging Lien filed by Pankauski Hauser Lazarus PLLC. No party opposed the #184 Motion in the time permitted, so the Court deems the Motion unopposed. See Local Rule 3.01(c). Signed by Magistrate Judge Daniel C. Irick on 9/9/2021. (Irick, Daniel)
September 8, 2021 Filing 187 REQUEST for oral argument re #184 MOTION for Miscellaneous Relief, specifically to Enforce Charging Lien and Incorporated Memorandum of Law by Pankauski Hauser Lazarus PLLC. (Pankauski, John)
September 7, 2021 Opinion or Order Filing 186 ORDER re #185 Stipulation of Dismissal with Prejudice. Plaintiff's claims against Defendant, Nerissa J. Whittington, are DISMISSED WITH PREJUDICE. The Clerk of Court is DIRECTED to close the file. Signed by Judge Paul G. Byron on 9/7/2021. (SJB)
September 3, 2021 Filing 185 STIPULATION of Voluntary Dismissal by Dale L Whittington Jr.. (Livingston, Scott)
August 25, 2021 Filing 184 MOTION for Miscellaneous Relief, specifically to Enforce Charging Lien and Incorporated Memorandum of Law by Pankauski Hauser Lazarus PLLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Pankauski, John)
August 23, 2021 Opinion or Order Filing 183 ORDER re #182 Notice of Settlement. The Clerk is DIRECTED to administratively close the file. Signed by Judge Paul G. Byron on 8/23/2021. (SJB)
August 20, 2021 Filing 182 NOTICE of settlement by Dale L Whittington Jr. (Livingston, Scott)
August 1, 2021 Filing 181 NOTICE canceling Jury Trial scheduled for 8/2/2021. The parties have notified the Court that the case has settled. The parties shall file a Notice of Settlement on the docket as soon as possible. (GNB) ctp
July 30, 2021 Opinion or Order Filing 180 ORDER granting #173 Motion to Strike. Signed by Judge Paul G. Byron on 7/30/2021. (JRR)
July 30, 2021 Opinion or Order Filing 179 ENDORSED ORDER. Pursuant to changed in CDC guidelines, the Chief Judge has entered an Order requiring individuals entering the Courthouse to wear a mask. Counsel are responsible for ensuring their respective witnesses are advised of this requirement. Signed by Judge Paul G. Byron on 7/30/2021. (JRR)
July 30, 2021 Opinion or Order Filing 178 ENDORSED ORDER granting #177 Motion to Amend Electronic Equipment Order. Signed by Judge Paul G. Byron on 7/30/2021. (JRR)
July 30, 2021 Filing 177 MOTION to Amend 156 Order on Motion to Allow Electronic Equipment by Nerissa J. Whittington. (O'Keefe, Kelly)
July 30, 2021 Filing 176 NOTICE of Attorney's Charging Lien by Pankauski Hauser Lazarus PLLC (Pankauski, John) Modified on 8/2/2021 (MEJ).
July 30, 2021 Filing 175 Exhibit List (Amended) by Nerissa J. Whittington. (O'Keefe, Kelly)
July 29, 2021 Filing 174 RESPONSE in Opposition re #173 MOTION to Strike #166 Proposed Jury Instructions filed by Nerissa J. Whittington. (O'Keefe, Kelly)
July 29, 2021 Filing 173 MOTION to Strike #166 Proposed Jury Instructions by Dale L Whittington Jr.. (Livingston, Scott)
July 29, 2021 Opinion or Order Filing 172 ENDORSED ORDER re: Trial set for August 2, 2021. Any attorney, party, or witness who is not fully vaccinated must wear a mask for the duration of trial. Counsel is required to determine whether or not their witnesses have been vaccinated. Any attorney, party, or witness who declines to answer about their vaccination status must wear a mask. Signed by Judge Paul G. Byron on 7/29/2021. (GNB) ctp
July 28, 2021 Filing 171 NOTICE of compliance re #117 Trial calendar by Dale L Whittington Jr. (Livingston, Scott)
July 28, 2021 Opinion or Order Filing 170 ORDER granting in part and denying in part #157 Motion to Amend Objections and Designations to Certain Exhibits and Deposition Testimony. Signed by Judge Paul G. Byron on 7/28/2021. (JRR)
July 28, 2021 Opinion or Order Filing 169 ORDER re deposition line and page designations and objections. Signed by Judge Paul G. Byron on 7/28/2021. (JRR)
July 28, 2021 Filing 168 Proposed Voir Dire by Nerissa J. Whittington. (O'Keefe, Kelly)
July 28, 2021 Filing 167 PROPOSED verdict form filed byNerissa J. Whittington. (O'Keefe, Kelly)
July 28, 2021 Filing 166 **STRICKEN** per Order at #180 Proposed Amended Jury Instructions by Nerissa J. Whittington. (O'Keefe, Kelly) Modified text on 7/29/2021 (MEJ). Modified on 8/2/2021 (MEJ).
July 28, 2021 Opinion or Order Filing 165 ORDER re deposition line and page designations and objections. The Court will file further rulings as they are completed to allow the parties more time to prepare. Signed by Judge Paul G. Byron on 7/28/2021. (JRR)
July 28, 2021 Opinion or Order Filing 164 ORDER re deposition line and page designations and objections. The Court will file further rulings as they are completed to allow the parties more time to prepare. Signed by Judge Paul G. Byron on 7/28/2021. (JRR)
July 28, 2021 Opinion or Order Filing 163 ORDER re deposition line and page designations and objections. The Court will file further rulings as they are completed to allow the parties more time to prepare. Signed by Judge Paul G. Byron on 7/28/2021. (JRR)
July 27, 2021 Filing 162 RESPONSE to Motion re #157 MOTION to Amend Her Objections & Designations to Certain Exhibits and Deposition Testimony filed by Dale L Whittington Jr.. (Livingston, Scott)
July 26, 2021 Filing 161 NOTICE by Nerissa J. Whittington re #106 Order pdf Notice of Filing Trial Witness and Trial Exhibit Lists (Attachments: #1 Exhibit Defendant's Trial Witness List, #2 Exhibit Defendant's Trial Exhibit List)(O'Keefe, Kelly)
July 26, 2021 Set/reset deadlines as to #157 MOTION to Amend Her Objections & Designations to Certain Exhibits and Deposition Testimony. Responses due by 7/27/2021 prior to 1:00 p.m. (MEJ)
July 23, 2021 Filing 160 NOTICE of Filing Unresolved Objections to Trial Deposition Designations by Nerissa J. Whittington (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(O'Keefe, Kelly) Modified text on 7/26/2021 (MEJ).
July 23, 2021 Opinion or Order Filing 159 ENDORSED ORDER VACATING Order Denying Motion to Amend, Doc. 158. Plaintiff is DIRECTED to respond by July 27, 2021, prior to 1:00 P.M. Signed by Judge Paul G. Byron on 7/23/2021. (CPH)
July 23, 2021 Opinion or Order Filing 158 **VACATED** per Order at 159ENDORSED ORDER denying #157 Motion to Amend Objections and Designations. Signed by Judge Paul G. Byron on 7/23/2021. (CPH) Modified text on 7/26/2021 (MEJ).
July 22, 2021 Filing 157 MOTION to Amend Her Objections & Designations to Certain Exhibits and Deposition Testimony by Nerissa J. Whittington. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Koff, Chelsea) Modified text on 7/23/2021 (TNP). Modified on 7/26/2021 (MEJ).
July 14, 2021 Opinion or Order Filing 156 ENDORSED ORDER granting in part and denying in part #155 Motion to Allow Electronic Equipment. The parties (including any paralegals) may bring electronic equipment including laptops, cellular devices, and handheld scanners. The parties may not bring their own projectors, monitors, and pen scanners, and may use the Court's presentation devices. Signed by Judge Paul G. Byron on 7/14/2021. (JBS)
July 14, 2021 Filing 155 Unopposed MOTION to Allow Electronic Equipment, specifically Laptop, Presentation Equipment and Cellular Telephone by Nerissa J. Whittington. (Attachments: #1 Text of Proposed Order Proposed Order)(Koff, Chelsea)
June 16, 2021 Opinion or Order Filing 154 ENDORSED ORDER granting #153 Non-Party Witness's Motion to Appear via Zoom. At the start of trial, the parties must tell the Court what day Mr. Hurt will testify. Signed by Judge Paul G. Byron on 6/16/2021. (JBS)
June 16, 2021 Filing 153 NOTICE of Filing Non-Party Witness Motion to Appear Telephonically by Nerissa J. Whittington re 147 Notice of hearing (Attachments: #1 Exhibit Hurt Motion to Appear Remotely)(O'Keefe, Kelly) Modified event on 6/16/2021 (MEJ).
June 14, 2021 Filing 152 NOTICE of Withdraw of Certain Objections re #88 Plaintiff's Deposition Designations of Bill Whittington by Nerissa J. Whittington (Attachments: #1 Exhibit A)(O'Keefe, Kelly) Modified text on 6/15/2021 (MEJ).
June 14, 2021 Filing 151 NOTICE of Filing Additional Highlighted Deposition Transcript of Bill Whittington and Refiling Highlighted Deposition Transcripts by Nerissa J. Whittington (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(O'Keefe, Kelly) Modified text on 6/14/2021 (MEJ).
May 21, 2021 Filing 150 DEPOSITION Designations of Bill Whittington taken on July 28, 2020 re 149 Order by Nerissa J. Whittington. (O'Keefe, Kelly) Modified on 5/24/2021 (RDO).
May 13, 2021 Opinion or Order Filing 149 ENDORSED ORDER granting #148 Motion for Leave to File Deposition Designations. Defendant may submit deposition designations of Bill Whittington on or before May 21, 2021. Plaintiff may submit counter-designations and/or objections on or before May 28, 2021. Defendant may submit objections to Plaintiff's counter-designations on or before June 4, 2021. Signed by Judge Paul G. Byron on 5/13/2021. (JBS)
May 13, 2021 Filing 148 Unopposed MOTION to Submit Deposition Designations Due to Death of Witness by Nerissa J. Whittington. (O'Keefe, Kelly) Modified text on 5/13/2021 (MEJ).
May 12, 2021 Filing 147 NOTICE of Hearing: Jury Trial set for 8/2/2021 at 9:00 AM in Orlando Courtroom 4B before Judge Paul G. Byron. The Court has set aside five (5) days for this trial. (GNB) copies e-mailed
May 10, 2021 Opinion or Order Filing 146 ENDORSED ORDER granting #129 Motion to Withdraw as Attorney. John Jeffrey Pankauski, Andrew Steven Kwan, and Jason Dorian Lazarus are hereby terminated as counsel due to the #145 appearance of new counsel, as stated on the record at the 4/21/2021 hearing. New counsel takes the case as he finds it, and is bound by all existing orders and deadlines in this case. The hearing set for 5/13/2021 is canceled. Signed by Magistrate Judge Daniel C. Irick on 5/10/2021. (Irick, Daniel)
May 5, 2021 Filing 145 NOTICE of Appearance by Scott A. Livingston on behalf of Dale L Whittington Jr. (Livingston, Scott)
April 29, 2021 Opinion or Order Filing 144 ORDER denying #140 Motion to Amend CMSO Deadlines and File Second Summary Judgment. See Order for details. Signed by Judge Paul G. Byron on 4/29/2021. (JBS)
April 29, 2021 Filing 143 NOTICE of Virtual Hearing: Status Conference reset for 5/13/2021 at 10:00 AM via Zoom Video Conference before Magistrate Judge Daniel C. Irick. In light of the ongoing COVID-19 pandemic, the hearing will be conducted remotely through the web-based Zoom application. The Court will separately send a Zoom invitation to each counsel of record's email address.(RN)
April 29, 2021 Opinion or Order Filing 142 ENDORSED ORDER granting #141 Unopposed Motion to Reset Hearing. The hearing will be set by separate notice. Signed by Magistrate Judge Daniel C. Irick on 4/29/2021. (Irick, Daniel)
April 28, 2021 Filing 141 Unopposed MOTION to Reset Hearing date of 5.12.21 by Dale L Whittington Jr.. (Attachments: #1 Exhibit A)(Lazarus, Jason) Modified text on 4/29/2021 (MEJ).
April 28, 2021 Filing 140 MOTION to Amend #47 Case Management and Scheduling Order by Nerissa J. Whittington. (O'Keefe, Kelly) Modified event on 4/29/2021 (MEJ).
April 22, 2021 Filing 139 NOTICE of Virtual Hearing: Status Conference set for 5/12/2021 at 10:00 AM via Zoom Video Conference before Magistrate Judge Daniel C. Irick. In light of the ongoing COVID-19 pandemic, the hearing will be conducted remotely through the web-based Zoom application. The Court will separately send a Zoom invitation to each counsel of record's email address. (RN)
April 21, 2021 Filing 137 Minute Entry. Virtual Proceedings held before Magistrate Judge Daniel C. Irick: MOTION HEARING held via Zoom on 4/21/2021 re #129 MOTION for John J Pankauski, Jason D. Lazarus and Andrew S. Kwan to Withdraw as Attorney for Plaintiff filed by Dale L Whittington Jr.. (Digital) (RN) (RN).
April 19, 2021 Filing 136 NOTICE RESCHEDULING Virtual hearing on motion re #129 MOTION for John J Pankauski, Jason D. Lazarus and Andrew S. Kwan to Withdraw as Attorney for Plaintiff. Motion Hearing reset for 4/21/2021 at 10:00 AM via Zoom Video Conference before Magistrate Judge Daniel C. Irick. In light of the ongoing COVID-19 pandemic, the hearing will be conducted remotely through the web-based Zoom application. The Court will separately send a Zoom invitation to each counsel of record's email address. The parties shall immediately notify the Court if they resolve all or a part of the pending motion set for hearing. (RN)
April 19, 2021 Opinion or Order Filing 135 ENDORSED ORDER granting #134 Unopposed Motion Requesting New Hearing Date. The hearing will be reset by separate notice. Signed by Magistrate Judge Daniel C. Irick on 4/19/2021. (Irick, Daniel)
April 13, 2021 Filing 134 Unopposed MOTION Requesting New Hearing Date re 131 Notice of hearing on motion,, by Dale L Whittington Jr.. (Attachments: #1 Exhibit A)(Lazarus, Jason) Modified on 4/14/2021 (MEJ).
April 13, 2021 Opinion or Order Filing 133 ENDORSED ORDER to strike re: #132 Notice Of Conflicting Hearing Date and Request for New Hearing Date, filed by Dale L Whittington Jr. A party may not request relief by filing a notice, but must request relief by filing a motion in compliance with Local Rule 3.01. Signed by Magistrate Judge Daniel C. Irick on 4/13/2021. (Irick, Daniel)
April 12, 2021 Filing 132 **STRICKEN** per Order at 133 NOTICE by Dale L Whittington Jr. re 131 Notice of hearing on motion,, of Conflicting Hearing Date and Request for New Hearing Date (Attachments: #1 Exhibit A)(Lazarus, Jason) Modified on 4/14/2021 (MEJ).
April 12, 2021 Filing 131 NOTICE of Virtual hearing on motion re #129 MOTION for John J Pankauski, Jason D. Lazarus and Andrew S. Kwan to Withdraw as Attorney for Plaintiff. Motion Hearing set for 4/20/2021 at 10:00 AM via Zoom Video Conference before Magistrate Judge Daniel C. Irick. In light of the ongoing COVID-19 pandemic,the hearing will be conducted remotely through the web-based Zoom application. The Court will separately send a Zoom invitation to each counsel of record's email address. The parties shall immediately notify the Court if they resolve all or a part of the pending motion set for hearing.(RN)
April 8, 2021 Filing 130 OBJECTION re #129 MOTION for John J Pankauski, Jason D. Lazarus and Andrew S. Kwan to Withdraw as Attorney for Plaintiff and Request for Status Conference filed by Nerissa J. Whittington. (O'Keefe, Kelly) Modified text on 4/9/2021 (MEJ).
April 8, 2021 Filing 129 MOTION for John J Pankauski, Jason D. Lazarus and Andrew S. Kwan to Withdraw as Attorney for Plaintiff by Dale L Whittington Jr.. (Pankauski, John) Motions referred to Magistrate Judge Daniel C. Irick.
March 24, 2021 Filing 128 Minute Entry. Telephonic Proceedings held before Judge Paul G. Byron: TELEPHONE CONFERENCE held on 3/24/2021. Court Reporter: Koretta Stanford (GNB)copies e-mailed
March 16, 2021 Opinion or Order Filing 127 ENDORSED ORDER denying as moot #124 Motion for Leave to File Document in light of 125 Order Cancelling Jury Trial set for 4/12/2021. Signed by Judge Paul G. Byron on 3/16/2021. (JBS)
March 16, 2021 Filing 126 NOTICE of Hearing: Telephone Conference set for 3/24/2021 at 10:30 AM in Orlando Courtroom 4B before Judge Paul G. Byron. The parties shall call 888-363-4735 ten (10) minutes before the hearing is set to begin. Access Code: 3126210. Security Code: 032421. (GNB) copies e-mailed
March 16, 2021 Filing 125 NOTICE canceling Jury Trial scheduled for 4/12/2021. Due to a conflict with a criminal case, this case cannot be tried on the date previously scheduled. The Court will set a telephone conference by separate notice to discuss a new trial date with the parties. (GNB) copies e-mailed
March 8, 2021 Filing 124 MOTION for Leave by Non-Party Witness, Richard Hurt to Permit Remote Appearance by Richard Hurt. (Attachments: #1 Mailing Envelope)(ARJ) Motions referred to Magistrate Judge Daniel C. Irick.
February 19, 2021 Filing 123 NOTICE of Hearing: Jury Trial set for 4/12/2021 at 9:00 AM in Ocala Courtroom 1A before Judge Paul G. Byron. The Court has set aside five (5) days for this trial. (GNB) copies e-mailed
February 19, 2021 Filing 122 Minute Entry. Telephonic Proceedings held before Judge Paul G. Byron: TELEPHONE CONFERENCE held on 2/19/2021. Court Reporter: Koretta Stanford (GNB)copies e-mailed
February 18, 2021 Filing 121 NOTICE OF RESCHEDULING HEARING: The Telephone Conference previously scheduled for 2/18/2021 is rescheduled for 2/19/2021 at 11:15 AM in Orlando Courtroom 4B before Judge Paul G. Byron. The parties shall call 888-363-4735 ten (10) minutes before the hearing is set to begin. Access Code: 3126210. Security Code: 021921.(GNB) copies e-mailed
February 16, 2021 Filing 120 NOTICE of Hearing: Telephone Conference set for 2/18/2021 at 11:15 AM in Orlando Courtroom 4B before Judge Paul G. Byron. The parties shall call 888-363-4735 ten (10) minutes before the hearing is set to begin. Access Code: 3126210. Security Code: 021821. (GNB) copies e-mailed
February 16, 2021 Filing 119 NOTICE canceling Jury Trial scheduled for 3/15/2021. This case will not move forward as scheduled due to a conflict with a criminal trial. The Court will hold a telephone conference set by separate notice to discuss a new trial date with the parties. (GNB) copies e-mailed
February 9, 2021 Opinion or Order Filing 118 ORDER denying #116 Motion for Reconsideration / Clarification. See Order for details. Signed by Judge Paul G. Byron on 2/9/2021. (JBS)
February 8, 2021 Filing 117 MARCH 2021 TRIAL CALENDAR for United States District Judge Paul G. Byron. (GNB) copies e-mailed
February 3, 2021 Filing 116 MOTION for Clarification re #106 Order pdf by Nerissa J. Whittington. (O'Keefe, Kelly)
January 26, 2021 Filing 115 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT, Doc. 114. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Koretta Stanford. (KS)
January 26, 2021 Filing 114 TRANSCRIPT of Final Pre-Trial Conference held on 12/15/20 before Judge Paul G. Byron. Court Reporter/Transcriber Koretta Stanford, stanarm2014@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 2/16/2021; Redacted Transcript Deadline set for 2/26/2021; Release of Transcript Restriction set for 4/26/2021. (KS)
January 5, 2021 Filing 113 NOTICE of Filing Highlighted Deposition Transcripts by Dale L Whittington Jr. re #94 Objection, #88 Objection, #87 Objection, #95 Objection (Attachments: #1 Appendix Stankee Transcript Vol 1, #2 Appendix Stankee Transcript Vol 2, #3 Appendix RD Whittington Transcript, #4 Appendix Keely Whittington Transcript 7.30.20, #5 Appendix Reginald Whittington Transcript)(Lazarus, Jason) Modified text on 1/6/2021 (MEJ).
January 4, 2021 Filing 112 NOTICE of Filing Highlighted Deposition Transcripts by Nerissa J. Whittington re #94 Objection, #88 Objection, #87 Objection, #95 Objection (Attachments: #1 Appendix Stankee Transcript, Vol 1, #2 Appendix Stankee Transcript, Vol 2, #3 Appendix Keely Whittington Transcript Jul 29, #4 Appendix Keely Whittington Transcript Jul 30, #5 Appendix R.D. Whittington Transcript, #6 Appendix Don Whittington Transcript)(O'Keefe, Kelly) Modified text on 1/5/2021 (MEJ).
December 23, 2020 Opinion or Order Filing 111 ENDORSED ORDER granting #109 Motion to Withdraw certain exhibits and objections. Signed by Judge Paul G. Byron on 12/23/2020. (JBS)
December 23, 2020 Opinion or Order Filing 110 ENDORSED ORDER granting #108 Motion to be Excused from Back-up February 2021 Trial Date. Signed by Judge Paul G. Byron on 12/23/2020. (JBS)
December 21, 2020 Filing 109 Agreed MOTION to Remove Joint Trial Ex 17; Withdraw Objection to Plaintiff's Trial Ex 5-7 and 15-17 by Nerissa J. Whittington. (O'Keefe, Kelly) Modified text on 12/22/2020 (MEJ).
December 21, 2020 Filing 108 Unopposed MOTION to be excused from backup February 1, 2021 trial date by Dale L Whittington Jr. (Lazarus, Jason) Modified text on 12/21/2020 (MEJ).
December 16, 2020 Opinion or Order Filing 107 ENDORSED ORDER granting in part and deferring ruling in part #89 Motion in Limine; granting in part, denying in part, and deferring ruling in part #91 Motion in Limine pursuant to the Court's #106 Civil Pretrial Order. Signed by Judge Paul G. Byron on 12/16/2020. (JBS)
December 16, 2020 Opinion or Order Filing 106 CIVIL PRETRIAL ORDER. See Order for details. Signed by Judge Paul G. Byron on 12/16/2020. (JBS)
December 16, 2020 Filing 105 NOTICE of Hearing: Jury Trial set for 3/15/2021 at 9:00 AM in Orlando Courtroom 4B before Judge Paul G. Byron. (GNB) copies e-mailed
December 15, 2020 Filing 104 Minute Entry. Proceedings held before Judge Paul G. Byron: FINAL PRETRIAL CONFERENCE held on 12/15/2020. Court Reporter: Koretta Stanford (GNB)copies e-mailed
December 14, 2020 Opinion or Order Filing 103 ENDORSED ORDER granting #102 Motion to Allow Electronic Equipment. Signed by Judge Paul G. Byron on 12/14/2020. (JBS)
December 11, 2020 Filing 102 MOTION to Allow Electronic Equipment, specifically Laptop and cell phone by Dale L Whittington Jr.. (Lazarus, Jason)
December 11, 2020 Opinion or Order Filing 101 ENDORSED ORDER granting in part and denying in part #99 Motion to Allow Electronic Equipment at Pretrial conference. The parties may bring electronic equipment including laptops, cellular devices, and scanners. The parties may not bring their own monitors and projectors and may use the Court's presentation devices for purposes of pretrial conference. Signed by Judge Paul G. Byron on 12/11/2020. (JBS)
December 11, 2020 Opinion or Order Filing 100 ORDER denying #70 Daubert Motion to Exclude Testimony and Report of Les W. Eiserman. Signed by Judge Paul G. Byron on 12/11/2020. (JBS)
December 10, 2020 Filing 99 MOTION to Allow Electronic Equipment, specifically Laptop, Presentation Equipment and Cellular Telephone by Nerissa J. Whittington. (Koff, Chelsea)
December 8, 2020 Filing 98 RESPONSE in Opposition re #91 MOTION In Limine regarding irrelevant evidence; imposing non-existent duties filed by Dale L Whittington Jr.. (Attachments: #1 Exhibit 1 - Scott Whittington Deposition Excerpts, #2 Exhibit 2 - Jack Ziegler Deposition Excerpts, #3 Exhibit 3 - Glen Stankee Deposition Excerpts)(Lazarus, Jason)
December 8, 2020 Filing 97 RESPONSE in Opposition re #89 MOTION In Limine (Omnibus Motion in Limine) filed by Nerissa J. Whittington. (O'Keefe, Kelly)
December 4, 2020 Opinion or Order Filing 96 ORDER denying #52 Motion for Summary Judgment; denying #61 Motion for Partial Summary Judgment. Signed by Judge Paul G. Byron on 12/4/2020. (JBS)
December 2, 2020 Filing 95 OBJECTION to Defendant's Counter Designations re #88 Objection . (Lazarus, Jason) Modified on 12/3/2020 (SPM).
December 2, 2020 Filing 94 OBJECTION to Plaintiff's Counter-Designations re #85 Pretrial statement . (O'Keefe, Kelly) Modified on 12/3/2020 (SPM).
December 2, 2020 Opinion or Order Filing 93 ENDORSED ORDER granting in part and denying in part #92 Motion to Allow Electronic Equipment. The parties may bring electronic equipment including laptops, cellular devices, monitors, and scanners. The parties may not bring their own projectors and may use the Court's presentation devices. Signed by Judge Paul G. Byron on 12/2/2020. (JBS)
December 1, 2020 Filing 92 MOTION to Allow Electronic Equipment, specifically Laptop Computers, handheld scanner, pen scanner, projectors, cases, cables, screens, monitors by Nerissa J. Whittington. (O'Keefe, Kelly)
November 24, 2020 Filing 91 MOTION In Limine regarding irrelevant evidence; imposing non-existent duties by Nerissa J. Whittington. (Attachments: #1 Exhibit Plaintiff's Valuation Documents, #2 Exhibit Plaintiff's Valuation Documents, #3 Exhibit Plaintiff's Valuation Documents, #4 Exhibit Plaintiff's Valuation Documents, #5 Exhibit Trust Modification Documents, #6 Exhibit Hurt Estate Planning Documents, #7 Exhibit AXA Documents, #8 Exhibit Insurance Documents)(O'Keefe, Kelly)
November 24, 2020 Opinion or Order Filing 90 ORDER denying without prejudice #84 Motion for Sanctions; denying as moot #86 Motion for Extension of Time to File Response / Reply. See Order. Signed by Magistrate Judge Daniel C. Irick on 11/24/2020. (RN)
November 24, 2020 Filing 89 MOTION In Limine (Omnibus Motion in Limine) by Dale L Whittington Jr.. (Attachments: #1 Exhibit 1 - Will, #2 Exhibit 2 - Living Trust, #3 Exhibit 3 - Insurance Trust, #4 Exhibit 4 - Glen Stankee, Esq. Deposition Excerpts, #5 Exhibit 5 - Richard Hurt, Esq. Deposition Excerpts, #6 Exhibit 6 - Anthony Palma, Esq. Deposition Excerpts, #7 Exhibit 7 - Agreement to Amend Trust)(Lazarus, Jason)
November 24, 2020 Filing 88 OBJECTION re #85 Pretrial statement, #87 Objection to Plaintiff's Deposition Designations and Defendant's Counter-Designations. (O'Keefe, Kelly)
November 24, 2020 Filing 87 OBJECTION re #85 Pretrial statement Plaintiff's Objections to Defendant's Deposition Designations and Counter Designations. (Lazarus, Jason)
November 19, 2020 Filing 86 Unopposed MOTION for Extension of Time to File Response/Reply as to #84 MOTION for Sanctions and Incorporated Memorandum of Law by Dale L Whittington Jr.. (Lazarus, Jason)
November 17, 2020 Filing 85 Joint PRETRIAL statement by Dale L Whittington Jr.. (Attachments: #1 Exhibit A Joint Exhibit List, #2 Exhibit B Plaintiff's Exhibit List, #3 Exhibit C Defendant's Exhibit List, #4 Exhibit D Plaintiff's Witness List, #5 Exhibit E Defendant's Witness List, #6 Exhibit F Plaintiff's Deposition Designations, #7 Exhibit G Defendant's Deposition Designations, #8 Exhibit H Plaintiff's Proposed Verdict Form, #9 Exhibit I Defendant's Proposed Verdict Form, #10 Exhibit J Joint Proposed Voir Dire, #11 Exhibit K Joint Proposed Jury Instructions)(Lazarus, Jason) Modified text on 11/18/2020 (MEJ).
November 16, 2020 Filing 84 MOTION for Sanctions and Incorporated Memorandum of Law by Nerissa J. Whittington. (Attachments: #1 Exhibit Agreed Facts, #2 Exhibit Consents, #3 Exhibit Ziegler Excerpts, #4 Exhibit Ziegler Affidavit, #5 Exhibit Palma Excerpts)(O'Keefe, Kelly)
October 23, 2020 Opinion or Order Filing 83 ORDER adopting #74 Report and Recommendations; denying #63 Motion to Amend. See Order for details. Signed by Judge Paul G. Byron on 10/23/2020. (JBS)
September 25, 2020 Filing 82 RESPONSE to objections to #74 Report and Recommendations filed by Dale L Whittington Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lazarus, Jason)
September 15, 2020 Opinion or Order Filing 81 ENDORSED ORDER denying #80 Motion for Leave to File Reply. The Court does not need additional briefing at this time. Should the Court require additional briefing, a subsequent Order will follow at a later date. Signed by Judge Paul G. Byron on 9/15/2020. (JBS)
September 15, 2020 Filing 80 MOTION for Leave to File Other Document :Reply in Support of Defendant's Motion to Add Affirmative Defenses by Nerissa J. Whittington. (O'Keefe, Kelly) Motions referred to Magistrate Judge Daniel C. Irick.
September 14, 2020 Filing 79 REPLY in Support re #61 RESPONSE to #52 MOTION for Summary Judgment and CROSS-MOTION for Partial Summary Judgment on Count I filed by Dale L Whittington Jr.. (Lazarus, Jason) Modified docket text on 9/15/2020 (MEJ).
September 14, 2020 Filing 78 NOTICE of Filing Deposition excerpts in support of Plaintiff's Reply in Support of Cross-Motion for Partial Summary Judgment on Count I by Dale L Whittington Jr. (Attachments: #1 Exhibit Glen Stankee excerpts, #2 Exhibit Anthony Palma excerpts, #3 Exhibit Exh 4 to Palma depo, #4 Exhibit Exh 21 to Palma depo)(Lazarus, Jason) Modified docket text on 9/14/2020 (MEJ).
September 11, 2020 Filing 77 OBJECTION re #74 REPORT AND RECOMMENDATIONS re #63 MOTION to Amend #34 Answer to amended complaint filed by Nerissa J. Whittington. . (O'Keefe, Kelly)
September 11, 2020 Filing 76 RESPONSE in Opposition re #70 MOTION to Exclude Testimony and Report of Les W. Eiserman and Incorporated Memorandum of Law filed by Dale L Whittington Jr.. (Lazarus, Jason)
September 11, 2020 Filing 75 NOTICE of Filing Deposition Excerpts and Select Exhibits by Dale L Whittington Jr. (Attachments: #1 Exhibit Les Eiserman excerpts, #2 Exhibit Gulfstream Corp. Rep. excerpts, #3 Exhibit Exh 16 to Corp. Rep., #4 Exhibit Exh 17 to Corp. Rep., #5 Exhibit Exh 19 to Corp. Rep., #6 Exhibit Exh 20 to Corp. Rep., #7 Exhibit Exh 44 to Corp. Rep., #8 Exhibit Exh 45 to Corp. Rep., #9 Exhibit Exh 46 to Corp. Rep., #10 Exhibit Exh 47 to Corp. Rep., #11 Exhibit Jack Ziegler excerpts, #12 Exhibit Exh 3 to Ziegler, #13 Exhibit Exh 4 to Ziegler, #14 Exhibit Exh 27 to Ziegler, #15 Exhibit Exh 49 to Ziegler, #16 Exhibit Exh 50 to Ziegler, #17 Exhibit Exh 56 to Ziegler, #18 Exhibit Exh 79 to Ziegler, #19 Exhibit Glen Stankee excerpts, #20 Exhibit Exh 29 to Stankee, #21 Exhibit Exh 34 to Stankee, #22 Exhibit Michael Elkin excerpts, #23 Exhibit Bryan Godfrey excerpts, #24 Exhibit Bill Whittington excerpts)(Lazarus, Jason) Modified docket text on 9/14/2020 (MEJ).
August 28, 2020 Opinion or Order Filing 74 REPORT AND RECOMMENDATION re #63 MOTION to Amend #34 Answer to amended complaint filed by Nerissa J. Whittington. It is respectfully RECOMMENDED that the Motion (Doc. 63) be DENIED. See Order. Signed by Magistrate Judge Daniel C. Irick on 8/28/2020. (RN)
August 21, 2020 Set deadlines as to #70 MOTION to Exclude Testimony and Report of Les W. Eiserman and Incorporated Memorandum of Law. Responses due by 9/11/2020 (ARJ)
August 21, 2020 Set deadlines: Reply in Support of Cross Motion for Summary Judgment due by 9/14/2020. (ARJ)
August 20, 2020 Opinion or Order Filing 73 ENDORSED ORDER granting #72 Motion for Extension of Time to File Response / Reply. On or before September 11, 2020, Plaintiff may file his response to #70 Daubert Motion. On or before September 14, 2020, Plaintiff may file his Reply in support of his #1 Cross-Motion for Summary Judgment. No further deadlines are extended by this Order. Signed by Judge Paul G. Byron on 8/20/2020. (JBS)
August 19, 2020 Filing 72 MOTION for Extension of Time to File Response/Reply as to #71 Response in Opposition to Motion, #70 MOTION to Exclude Testimony and Report of Les W. Eiserman and Incorporated Memorandum of Law by Dale L Whittington Jr.. (Lazarus, Jason)
August 17, 2020 Filing 71 RESPONSE in Opposition re #61 RESPONSE to #52 MOTION for Summary Judgment and CROSS-MOTION for Partial Summary Judgment on Count I filed by Nerissa J. Whittington. (Attachments: #1 Exhibit Ziegler Depo Excerpts, #2 Exhibit Palma Depo Excerpts, #3 Exhibit Stankee Depo Excerpts, #4 Exhibit RD Depo Excerpts)(O'Keefe, Kelly)
August 14, 2020 Filing 70 MOTION to Exclude Testimony and Report of Les W. Eiserman and Incorporated Memorandum of Law by All Defendants. (Attachments: #1 Exhibit Index to Daubert Motion Exhibits, #2 Exhibit Eiserman Report (Part 1), #3 Exhibit Eiserman Report (Part 2), #4 Exhibit Eiserman First Addendum, #5 Exhibit Eiserman Second Addendum (Part 1), #6 Exhibit Eiserman Second Addendum (Part 2), #7 Exhibit Eiserman Second Addendum (Part 3), #8 Exhibit Eiserman Second Addendum (Part 4), #9 Exhibit Eiserman Second Addendum (Part 5), #10 Exhibit Eiserman Second Addendum (Part 6), #11 Exhibit Eiserman Second Addendum (Part 7), #12 Exhibit Eiserman Second Addendum (Part 8), #13 Exhibit Godfrey Report, #14 Exhibit Elkin Report (Part 1), #15 Exhibit Elkin Report (Part 2), #16 Exhibit Ziegler Affidavit, #17 Exhibit Palma Depo. Excerpts, #18 Exhibit Ziegler Depo. Excerpts, #19 Exhibit Eiserman Depo. Excerpts (Part 1), #20 Exhibit Eiserman Depo. Excerpts (Part 2), #21 Exhibit R. D. Depo. Excerpts)(O'Keefe, Kelly) Modified on 8/17/2020 (MEJ). (edited docket text)
August 13, 2020 Filing 69 REPLY in Support of Motion re #63 MOTION to Amend #34 Answer to amended complaint filed by Nerissa J. Whittington. (Attachments: #1 Exhibit Stankee Excerpts, #2 Exhibit Palma Excerpts)(O'Keefe, Kelly) Modified on 8/14/2020 (ARJ).
August 12, 2020 Set deadlines: Defendants Reply due by 8/14/2020. (ARJ)
August 11, 2020 Opinion or Order Filing 68 ENDORSED ORDER granting #67 Motion for Leave to File Reply. On or before 8/14/2020, Defendant may file a five-page reply in support of Defendant's #63 Motion for Leave to Amend Answer and Affirmative Defenses. Signed by Magistrate Judge Daniel C. Irick on 8/11/2020. (Irick, Daniel)
August 5, 2020 Filing 67 MOTION for Leave to File Reply in Support of Motion re #63 MOTION to Amend Affirmative Defenses by Nerissa J. Whittington. (O'Keefe, Kelly) Modified on 8/6/2020 (MEJ).
August 3, 2020 Filing 66 RESPONSE in Opposition re #63 MOTION to Amend #34 Answer to amended complaint filed by Dale L Whittington Jr.. (Attachments: #1 Exhibit A)(Lazarus, Jason)
August 3, 2020 Filing 65 REPLY in Support re #52 MOTION for Summary Judgment and CROSS-MOTION for Partial Summary Judgment on Count I, filed by Nerissa J. Whittington. (Attachments: #1 Exhibit Ziegler Depo Excerpts)(O'Keefe, Kelly) Modified on 8/4/2020 (MEJ).
July 28, 2020 Opinion or Order Filing 64 ENDORSED ORDER discharging #55 Order to show cause. Signed by Judge Paul G. Byron on 7/28/2020. (GNB) copies e-mailed
July 20, 2020 Filing 63 MOTION to Amend #34 Answer to amended complaint by Nerissa J. Whittington. (Attachments: #1 Exhibit Amended Answer, #2 Exhibit Palma Excerpts, #3 Exhibit Ziegler Excerpts, #4 Exhibit Ziegler Affidavit)(O'Keefe, Kelly) Motions referred to Magistrate Judge Daniel C. Irick.
July 16, 2020 Filing 62 NOTICE by Dale L Whittington Jr. re #61 Response to motion of Filing Deposition Excerpts (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Lazarus, Jason)
July 16, 2020 Filing 61 RESPONSE to #52 MOTION for Summary Judgment and CROSS-MOTION for Partial Summary Judgment on Count I filed by Dale L Whittington Jr.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Lazarus, Jason) Modified on 7/17/2020 (RDO).
July 16, 2020 Filing 60 JOINT STIPULATION of Agreed Material Facts re #52 MOTION for Summary Judgment by Nerissa J. Whittington. (O'Keefe, Kelly) Modified on 7/17/2020 (RDO).
July 10, 2020 Opinion or Order Filing 59 ENDORSED ORDER granting #58 Motion for Extension of Time to File Response / Reply. The parties shall abide by the deadlines set forth in their Motion. No further deadlines are extended by this Order. Signed by Judge Paul G. Byron on 7/10/2020. (JBS)
July 9, 2020 Filing 58 Joint MOTION for Extension of Time to File Response/Reply as to #52 MOTION for Summary Judgment by Dale L Whittington Jr.. (Lazarus, Jason)
July 8, 2020 Filing 57 Joint RESPONSE TO ORDER TO SHOW CAUSE re #55 Order to show cause filed by Dale L Whittington Jr.. (Lazarus, Jason) Modified on 7/9/2020 (ARJ).
July 8, 2020 Filing 56 MEDIATION report Hearing held on June 16, 2020. Hearing outcome: Impasse.. (Griffin, Christopher)
July 7, 2020 Opinion or Order Filing 55 ORDER TO SHOW CAUSE. On June 17, 2020, the parties filed a report with the Court stating that no later than June 30, 2020 the mediator would file a supplemental report with the Court advising the Court on the status of mediation. This date has passed and there has been no supplemental report filed. The parties shall SHOW CAUSE within fourteen (14) days from the date of this Order why sanctions should not be imposed for failure to file a mediation report within the time required by the Amended Case Management and Scheduling Order (Doc. #47). Failure to comply with this Order will result in the case being dismissed without further notice. Signed by Judge Paul G. Byron on 7/7/2020. (GNB) copies e-mailed
June 17, 2020 Filing 54 MEDIATION report Hearing held on June 16, 2020. Hearing outcome: Adjourned.. (Griffin, Christopher)
June 12, 2020 Filing 53 NOTICE filing Palma excerpts by Nerissa J. Whittington re #52 MOTION for Summary Judgment (Attachments: #1 Exhibit Palma Deposition Excerpts)(O'Keefe, Kelly) Modified on 6/12/2020 (MEJ).
June 12, 2020 Filing 52 MOTION for Summary Judgment by Nerissa J. Whittington. (Attachments: #1 Exhibit Ziegler Affidavit, #2 Exhibit Beneficiary Consents, #3 Exhibit Stock Purchase Agreement - GLI, #4 Exhibit Stock Purchase Agreement - GWI, #5 Exhibit Don Whittington Affidavit)(O'Keefe, Kelly)
May 27, 2020 Filing 51 RE- NOTICE of mediation conference/hearing to be held on June 16, 2020 at 9:30 am before Christopher Griffin. (Lazarus, Jason) Modified on 5/28/2020 (MEJ).
May 19, 2020 Opinion or Order Filing 50 ENDORSED ORDER granting in part and denying in part #49 Joint Motion to Change Mediator and Conduct Zoom Mediation. The parties may mediate via video teleconference, but they must use a mediator certified in this District. Signed by Magistrate Judge Daniel C. Irick on 5/19/2020. (Irick, Daniel)
May 19, 2020 Filing 49 Joint MOTION to Amend #33 Notice of mediation conference/hearing Change Mediator and Conduct Zoom Mediation by All Plaintiffs. (Lazarus, Jason) Motions referred to Magistrate Judge Daniel C. Irick.
April 13, 2020 Opinion or Order Filing 48 ORDER for Eric Loman to comply with the administrative procedures regarding electronic filing within thirty (30) days from the date of this Order. Signed by Judge Paul G. Byron on 4/13/2020. (GNB) copies mailed/e-mailed
April 2, 2020 Reset scheduling order deadlines: Defendant disclosure of expert report due by 7/1/2020, Plaintiff disclosure of expert report due by 6/1/2020 (KNC)
April 1, 2020 Opinion or Order Filing 47 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Discovery due by 8/3/2020, Dispositive motions due by 8/14/2020, Pretrial statement due by 11/17/2020, All other motions due by 11/24/2020, Final Pretrial Conference set for 12/15/2020 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for 1/4/2021 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 6/26/2020. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 4/1/2020. (GNB) copies e-mailed/mailed
April 1, 2020 Filing 46 NOTICE of mediation conference/hearing to be held on 06/15/20 9:30 am before Jay Cohen. (Lazarus, Jason)
March 31, 2020 Filing 45 Entered in Error.
March 31, 2020 Opinion or Order Filing 44 ENDORSED ORDER granting #43 Motion for Extension of Time to Complete Discovery. The parties are encouraged to conduct depositions via video conference to the extent possible while ensuring the physical wellbeing of the individuals involved. An Amended CMSO will follow this Order. Signed by Judge Paul G. Byron on 3/31/2020. (JBS)
March 30, 2020 Filing 43 Joint MOTION for Extension of Time to Complete Discovery and Continuance of Trial Date by Dale L Whittington Jr.. (Lazarus, Jason)
March 30, 2020 Opinion or Order Filing 42 ORDER denying without prejudice #36 Motion to Compel Production. See Order. Signed by Magistrate Judge Daniel C. Irick on 3/30/2020. (RN)
March 18, 2020 ***PRO HAC VICE FEES paid by attorney Eric Loman, appearing on behalf of Nerissa J. Whittington (Filing fee $150 receipt number ORL089759.) Related document: #39 MOTION for Eric Loman to appear pro hac vice . (ARJ)
March 17, 2020 Opinion or Order Filing 41 ORDER granting #39 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Daniel C. Irick on 3/17/2020. (RN)
March 13, 2020 Filing 40 RESPONSE to Motion re #36 MOTION to Compel Production from Non_Parties Gulfstream Entities filed by Nerissa J. Whittington. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(O'Keefe, Kelly)
March 13, 2020 Filing 39 MOTION for Eric Loman to appear pro hac vice by Nerissa J. Whittington. (O'Keefe, Kelly) Motions referred to Magistrate Judge Daniel C. Irick.
March 9, 2020 Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 6/16/2020, Plaintiff disclosure of expert report due by 5/1/2020 (MEJ)
March 9, 2020 Set/reset deadlines/hearings: Expert Discovery due by 7/16/2020 (MEJ)
March 6, 2020 Opinion or Order Filing 38 ENDORSED ORDER granting #37 Agreed Motion for Extension of Expert Witness Deadlines. Plaintiff's deadline for Disclosure of Expert Reports is 5/1/2020 (with the trust expert's report to be disclosed on 4/16/2020). Defendant's deadline for Disclosure of Expert Reports is 6/16/2020. The deadline for expert discovery is 7/16/2020. The Daubert motions deadline is 8/3/2020. Provided, however, this extension in no way relieves the parties of other obligations and deadlines set forth in the Scheduling Order. Further, this extension shall not be the basis for seeking relief from that Order.. Signed by Magistrate Judge Daniel C. Irick on 3/6/2020. (Irick, Daniel)
March 2, 2020 Filing 37 Unopposed MOTION for Extension of Expert Witness Deadlines by Dale L Whittington Jr. (Lazarus, Jason) Modified on 3/3/2020 (MEJ).
February 28, 2020 Filing 36 MOTION to Compel Production from Non_Parties by Dale L Whittington Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lazarus, Jason) Motions referred to Magistrate Judge Daniel C. Irick.
February 25, 2020 Opinion or Order Filing 35 ORDER for Chelsea Emma Koff to comply with the administrative procedures regarding electronic filing within thirty (30) days from the date of this Order. Signed by Judge Paul G. Byron on 2/25/2020. (GNB) copies mailed/e-mailed
February 12, 2020 Filing 34 ANSWER and affirmative defenses to #32 Amended Complaint by Nerissa J. Whittington.(O'Keefe, Kelly)
February 12, 2020 Filing 33 NOTICE of mediation conference/hearing to be held on 05/15/20 at 9:30 am before Jay Cohen. (Lazarus, Jason)
January 23, 2020 Filing 32 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Dale L Whittington Jr.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Lazarus, Jason) Related Document: #1 Modified on 1/24/2020 (MEJ).
January 17, 2020 Set deadlines: Amended Complaint due by 1/24/2020 (KNC)
January 17, 2020 Opinion or Order Filing 31 ORDER granting #24 Motion for Leave to Amend Complaint. On or before, January 24, 2020, Plaintiff may file his Amended Complaint.. Signed by Magistrate Judge Daniel C. Irick on 1/17/2020. (DMA)
January 14, 2020 Filing 30 REPLY in Support of Motion re #24 MOTION for leave to file Amended Complaint to Assert a Claim for Punitive Damages filed by Dale L Whittington Jr. (Lazarus, Jason) Modified on 1/15/2020 (MEJ).
January 13, 2020 Opinion or Order Filing 29 ENDORSED ORDER granting #28 Motion for Leave to File Reply. On or before 1/17/2019, Plaintiff may file a five-page reply in support of the #24 Motion for Leave to Amend the Complaint. Signed by Magistrate Judge Daniel C. Irick on 1/13/2020. (Irick, Daniel)
January 10, 2020 Filing 28 MOTION for Leave to File Reply in Support of re #24 Motion for Leave to Amend Complaint by Dale L Whittington Jr. (Lazarus, Jason) Modified on 1/13/2020 (MEJ).
January 3, 2020 Filing 27 Amended Affirmative Defenses to #1 Complaint by Nerissa J. Whittington.(O'Keefe, Kelly) Modified on 1/6/2020 (MEJ).
December 23, 2019 Filing 26 NOTICE to counsel Michael J. Harwin of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (RDO)
December 20, 2019 Filing 25 RESPONSE in Opposition re #24 MOTION for leave to file Amended Complaint filed by Nerissa J. Whittington. (O'Keefe, Kelly)
December 10, 2019 Filing 24 MOTION for leave to file Amended Complaint by Dale L Whittington Jr.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lazarus, Jason)
December 3, 2019 Opinion or Order Filing 23 ORDER granting in part and denying in part #19 Motion to Strike Certain of Defendant's Affirmative Defenses or, in the Alternative, Motion for More Definite Statement. Signed by Magistrate Judge Daniel C. Irick on 12/3/2019. (DMA)
November 5, 2019 Filing 22 RESPONSE to Motion re #19 MOTION to Strike Certain of Defendants' Affirmative Defenses, or in the Alternative, Motion for More Definite Statement, and Incorporated Memorandum of Law re #17 Answer to Complaint filed by Nerissa J. Whittington. (O'Keefe, Kelly)
October 23, 2019 Filing 21 CASE REFERRED to Mediation. Jay Cohen appointed as Mediator (BIA)
October 23, 2019 Opinion or Order Filing 20 CASE MANAGEMENT AND SCHEDULING ORDER. Amended Pleadings due by 12/10/2019, Joinder of Parties due by 12/10/2019, Discovery due by 5/11/2020, Dispositive motions due by 6/9/2020, Pretrial statement due by 9/22/2020, All other motions due by 9/29/2020, Plaintiff disclosure of expert report due by 3/9/2020, Defendant disclosure of expert report due by 4/9/2020, Final Pretrial Conference set for 10/20/2020 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for 11/2/2020 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 5/28/2020. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 10/23/2019. (GNB) copies e-mailed
October 22, 2019 Filing 19 MOTION to Strike Certain of Defendants' Affirmative Defenses, or in the Alternative, Motion for More Definite Statement, and Incorporated Memorandum of Law re #17 Answer to Complaint by Dale L Whittington Jr.. (Lazarus, Jason) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 10/23/2019 (BIA).
October 17, 2019 Filing 18 CASE MANAGEMENT REPORT. (Lazarus, Jason)
October 15, 2019 Filing 17 Defendant's ANSWER and affirmative defenses to #1 Complaint by Nerissa J. Whittington.(O'Keefe, Kelly)
October 8, 2019 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #15 Interested persons order by Nerissa J. Whittington. (O'Keefe, Kelly)
September 24, 2019 Opinion or Order Filing 15 INTERESTED PERSONS ORDER. Defendant Nerissa J. Whittington shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 9/24/2019. (GNB) copies e-mailed
September 20, 2019 Opinion or Order Filing 14 ENDORSED ORDER granting #13 Consent Motion for Extension of Time. On or before 10/15/2019, Defendant shall respond to the Complaint. Signed by Magistrate Judge Daniel C. Irick on 9/20/2019. (Irick, Daniel)
September 20, 2019 Filing 13 Consent MOTION for Extension of Time to File Answer re #1 Complaint by All Defendants. (O'Keefe, Kelly) Motions referred to Magistrate Judge Daniel C. Irick.
September 9, 2019 Filing 12 SUMMONS returned executed as to Nerrisa Whittingon on 8/31/19 by Dale L Whittington Jr. (Lazarus, Jason) Modified on 9/10/2019 (RDO).
September 9, 2019 Filing 11 SUMMONS returned executed as to Nerissa Whittington on 8/31/19 by Dale L Whittington Jr. (Lazarus, Jason) Modified on 9/10/2019 (RDO).
September 6, 2019 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Dale L Whittington Jr. identifying Other Affiliate Gulfstream Lomas, Inc., Other Affiliate Gulfstream Worldwide, Inc., Other Affiliate Gulfstream Lomas, Ltd., Other Affiliate Gulfstream Worldwide, Ltd., Other Affiliate Santa Fe Pacific Trust, Inc., Other Affiliate Gulfstream Worldwide LLC, Other Affiliate Gulfstring Group, Other Affiliate Springs Resort Management, Inc. for Dale L Whittington Jr... (Lazarus, Jason)
September 6, 2019 Filing 9 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Dale L Whittington Jr. Related case(s): No (Lazarus, Jason) Modified on 9/9/2019 (BIA).
August 27, 2019 Filing 8 SUMMONS issued as to Nerissa J. Whittington. (AC)
August 26, 2019 Filing 7 NOTICE of Withdrawal of Initial Summons re #5 Summons issued by Dale L Whittington Jr. (Attachments: #1 Proposed Summons)(Lazarus, Jason) Modified on 8/27/2019 (AC).
August 23, 2019 Filing 6 PROPOSED summons to be issued by Dale L Whittington Jr.. (Lazarus, Jason)
August 23, 2019 Filing 5 SUMMONS issued as to Nerissa J. Whittington. (AC)
August 23, 2019 Opinion or Order Filing 4 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 8/23/2019. (GNB) copies e-mailed
August 23, 2019 Opinion or Order Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 8/23/2019. (GNB) copies e-mailed
August 22, 2019 Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:19-cv-1631-Orl-40DCI. (SJB)
August 22, 2019 Filing 1 COMPLAINT and Demand for Jury Trial against Nerissa Whittington, Nerissa Whittington with Jury Demand (Filing fee $ 400 receipt number 113A-15835034) filed by Dale L Whittington Jr.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Lazarus, Jason)

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Search for this case: Whittington Jr. v. Whittington et al
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Defendant: Nerissa Whittington
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Defendant: Trustee Nerissa Whittington
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Defendant: Nerissa J. Whittington
Represented By: Kelly Ann O'Keefe
Represented By: Chelsea Emma Koff
Represented By: Eric R. Loman
Represented By: Michael Jay Harwin
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Plaintiff: Dale L Whittington Jr.
Represented By: Jason Dorian Lazarus
Represented By: Andrew Steven Kwan
Represented By: John Jeffrey Pankauski
Represented By: Scott A. Livingston
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