Ferreira Construction Co., Inc.
| Ferreira Construction Co., Inc. |
| Clifford Gregory Preskitt |
| Potential Claimants |
| 6:2019cv02378 |
| December 18, 2019 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Daniel C Irick |
| Marine |
| 46 U.S.C. § 31301 |
| None |
Docket Report
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This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 32 CASE REFERRED to Mediation. Mediator: Donna Doyle (KNC) |
Filing 31
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/13/2020, Joinder of Parties due by 3/13/2020, Discovery due by 11/1/2020, Dispositive motions due by 12/1/2020, Pretrial statement due by 4/5/2021, All other motions due by 3/1/2021, Plaintiff disclosure of expert report due by 9/1/2020, Defendant disclosure of expert report due by 10/1/2020, Trial Status Conference set for 4/13/2021 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Bench Trial set for trial term commencing 5/3/2021 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 11/16/2020. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 2/5/2020. (RMF)ctp
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| Filing 30 CASE MANAGEMENT REPORT. (Hodges, Whittni) |
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Filing 29
ENDORSED ORDER granting #28 Joint Motion to Appear Telephonically at the Case Management Conference. Provided the parties agree to the essentials of the Case Management Report. Otherwise, the parties shall meet in person. Signed by Magistrate Judge Daniel C. Irick on 1/8/2020. (Irick, Daniel)
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| Filing 28 Joint MOTION to Appear Telephonically For Case Management Conference by Clifford Gregory Preskitt. (Moon, Stephen) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #23 Interested persons order by Ferreira Construction Co., Inc.. (Hodges, Whittni) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement re #23 Interested persons order by Clifford Gregory Preskitt. (Moon, Stephen) |
| Filing 25 NOTICE of pendency of related cases per Local Rule 1.04(d) by Clifford Gregory Preskitt. Related case(s): yes (Moon, Stephen) |
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Filing 24
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 12/20/2019. (RMF)(ctp).
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Filing 23
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 1/3/2020. Signed by Judge Wendy W. Berger on 12/20/2019. (RMF)(ctp).
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| Filing 22 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 1/3/2020. Signed by Deputy Clerk on 12/20/2019. (RMF)(ctp). |
| Filing 21 TRANSFER IN from the Southern District of Florida. Case assigned to District Judge Berger and Magistrate Judge Irick. New Case Number: 6:19-cv-2378-ORL-78DCI. (MAA) |
| Filing 20 Case transferred in from District of Florida Southern; Case Number 2:19-cv-14309. File received electronically |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Claimant's Unopposed Motion to Transfer Venue to the Middle District of Florida. #18. Therein, Claimant requests that the Court transfer venue to the Middle District of Florida, Orlando division, pursuant to 28 U.S.C. 1404(a), for the convenience of the parties and witnesses, and in the interest of justice. Id. at 3. Claimant states that the case could have been brought in the Middle District of Florida because (1) the action arises out of injuries Claimant sustained while "working as a crew member onboard the Petitioner's dredge while it was operating in the Indian River near Sebastian, Brevard County, Florida[,]" which is located in the Middle District of Florida; (2) many witnesses, including Claimant's medical providers, are located in the Middle District of Florida; (3) Claimant, a resident of the Middle District of Florida, is the only injured party to appear in this action; and (4) Petitioner is subject to personal jurisdiction because Petitioner has minimum contacts with the Middle District of Florida. See generally id. Moreover, Claimant conferred with Petitioner and Petitioner does not oppose transferring the case to the Middle District of Florida. See id. at 5. "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 28 U.S.C. 1404(a). Here, the Parties have consented to the case being transferred to the United States District Court for the Middle District of Florida, and the Middle District of Florida is otherwise a district in which the case could have been brought. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. The Clerk of the Court is instructed to TRANSFER this case to the United States District Court for the Middle District of Florida, Orlando division. It is further ORDERED that the Clerk of Court is directed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 12/17/2019. (mgh) [Transferred from flsd on 12/18/2019.]
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| Civil Case Terminated. Closing Case. (mgh) [Transferred from flsd on 12/18/2019.] |
| Filing 18 Unopposed MOTION to Change Venue by Clifford Gregory Preskitt. Responses due by 12/30/2019 (Moon, Stephen) [Transferred from flsd on 12/18/2019.] |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte review of the record. On August 23, 2019, Petitioner filed a Complaint seeking exoneration from, or limitation of, liability. #1. On October 24, 2019, Claimant filed an Answer and Counterclaim. #8, #9. On November 12, 2019, Petitioner filed its Objection, Reply to Affirmative Defenses, and Answer and Affirmative Defenses. #16. At this stage in the proceedings, the Parties are required to hold a scheduling conference and file a joint scheduling report. Accordingly, UPON CONSIDERATION of the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties shall hold a scheduling conference on or before December 23, 2019. Within ten (10) days of the scheduling conference, the Parties shall file a joint scheduling report that complies with the Federal Rules of Civil Procedure and the Southern District of Florida Local Rules. Failure to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorneys' fees and costs. Signed by Chief Judge K. Michael Moore on 11/19/2019. (mgh) [Transferred from flsd on 12/18/2019.]
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| Filing 16 Objection, Reply to Affirmative Defenses and ANSWER to Counterclaim and Affirmative Defenses to Claim of Clifford G. Preskitt by Ferreira Construction Co., Inc.. (Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
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Filing 15
ORDER granting #13 Motion for Default Judgment. Signed by Chief Judge K. Michael Moore on 11/5/2019. See attached document for full details. (mgh) [Transferred from flsd on 12/18/2019.]
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| Filing 14 NOTICE by Ferreira Construction Co., Inc. of Change of Service E-mail Address (Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
| Filing 13 MOTION for Default Judgment by Ferreira Construction Co., Inc.. (Attachments: #1 Text of Proposed Order A - Proposed Order Granting Motion for Default Judgment of Exoneration)(Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
| Filing 12 Clerks Entry of Default as to Potential Claimants Signed by DEPUTY CLERK on 10/29/2019. (cqs) [Transferred from flsd on 12/18/2019.] |
| Filing 11 Clerks Non-Entry of Default as to Potential Claimants - Motions Terminated: #10 Motion for Clerks Entry of Default. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket Signed by DEPUTY CLERK on 10/29/2019. (cqs) [Transferred from flsd on 12/18/2019.] |
| Filing 10 MOTION for Clerks Entry of Default as to Potential Claimants by Ferreira Construction Co., Inc.. (Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
| Filing 9 COUNTERCLAIM /CLAIM OF PRESKITT against Ferreira Construction Co., Inc., filed by Clifford Gregory Preskitt.(Moon, Stephen) [Transferred from flsd on 12/18/2019.] |
| Filing 8 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Clifford Gregory Preskitt. Attorney Stephen Manning Moon added to party Clifford Gregory Preskitt(pty:clm). (Moon, Stephen) [Transferred from flsd on 12/18/2019.] |
| Filing 7 NOTICE by Ferreira Construction Co., Inc. of filing Affidavit of Proof of Publication (Attachments: #1 Affidavit of Proof of Publication of Notice of Monition) (Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
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Filing 6
ORDER granting #4 Motion to Approve Ad Interim Stipulation and Enter Monition and Injunction. Signed by Chief Judge K. Michael Moore on 8/29/2019. See attached document for full details. (eso) [Transferred from flsd on 12/18/2019.]
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| Filing 5 Corporate Disclosure Statement by Ferreira Construction Co., Inc. (Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
| Filing 4 MOTION to Approve Ad Interim Stipulation and Enter Monition and Injunction by Ferreira Construction Co., Inc.. (Attachments: #1 Exhibit A - Proposed Monition, #2 Exhibit B - Proposed Notice of Monition, #3 Exhibit C - Proposed Order Approving Ad Interim Stipulation and Monition)(Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
| Filing 3 STIPULATION by Ferreira Construction Co., Inc. (Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs) [Transferred from flsd on 12/18/2019.] |
| Filing 1 COMPLAINT for Exoneration from or Limitation of Liability against Potential Claimants. Filing fees $ 400.00 receipt number 113C-11930415, filed by Ferreira Construction Co., Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Declaration of Value)(Hodges, Whittni) [Transferred from flsd on 12/18/2019.] |
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