Wanzek Construction, Inc. v. Siemens Gamesa Renewable Energy, Inc.
| WANZEK CONSTRUCTION and Wanzek Construction, Inc. |
| Siemens Gamesa Renewable Energy, Inc. |
| 6:2020cv01273 |
| July 17, 2020 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Embry J Kidd |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 82
ORDER dismissing case re #81 Settlement Conference. All pending motions are denied as moot and all deadlines and hearings are terminated. The Clerk is DIRECTED to close this file. Signed by Judge Roy B. Dalton, Jr. on 5/20/2022. (YG)
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| Settlement reached. Magistrate Judge Leslie Hoffman Price no longer assigned to case. (ECJ) |
| Filing 81 Minute Entry. In Person Proceedings held before Magistrate Judge Leslie Hoffman Price: SETTLEMENT CONFERENCE held on 5/12/2022. (DIGITAL) (ECJ) |
| Filing 80 NOTICE by Siemens Gamesa Renewable Energy, Inc. Notice of Attendance at Settlement Conference (Thielhelm, Robert) |
| Filing 79 NOTICE by Wanzek Construction, Inc. Plaintiff's Notice of Attendance at Settlement Conference (Lowndes, Jennifer) |
| Filing 78 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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: Amie First. (ARF) |
| Filing 77 TRANSCRIPT of Final Pretrial Conference held on March 30, 2022, before Judge Roy B. Dalton, Jr. Court Reporter Amie R. First, RDR, CRR, CRC, CPE, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 5/17/2022 Redacted Transcript Deadline set for 5/27/2022 Release of Transcript Restriction set for 7/25/2022. (ARF) |
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Filing 76
ORDER granting in part and denying in part #75 Motion for Extension of Time to File.. Signed by Judge Roy B. Dalton, Jr. on 4/26/2022. (YG)
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| Filing 75 Joint MOTION for Extension of Time until 6/20/22 to File Revised Trial Materials by Wanzek Construction, Inc. (Lowndes, Jennifer) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 4/25/2022 (LDJ). |
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Filing 74
ENDORSED ORDER DENYING AS MOOT Defendant's Motion (Doc. #66) in light of the Court having granted the Amended Motion (Docs. #67, #73). Signed by Judge Roy B. Dalton, Jr. on 4/1/2022. (EP)
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Filing 73
ORDER granting #67 Motion to Allow Electronic Equipment. Signed by Judge Roy B. Dalton, Jr. on 3/31/2022. (YG)
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Filing 72
ORDER granting #65 Motion to Allow Electronic Equipment. Signed by Judge Roy B. Dalton, Jr. on 3/31/2022. (YG)
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Filing 71
ORDER Setting Settlement Conference. Settlement Conference set for 5/12/2022 at 10:00 AM in Orlando Courtroom 5D before Magistrate Judge Leslie Hoffman Price. See PDF Order for further deadlines and details. Signed by Magistrate Judge Leslie Hoffman Price on 3/31/2022. (MKH)
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| Magistrate Judge Leslie Hoffman Price added as settlement judge. (LDJ) |
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Filing 70
ORDER: This case is hereby referred to Magistrate Judge Leslie R. Hoffman Price for a settlement conference. The parties are to contact Judge Hoffman Prices' chambers to schedule a mutually agreeable time. Signed by Judge Roy B. Dalton, Jr. on 3/30/2022. (YG)
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| Filing 69 NOTICE of hearing: Bench Trial set for 7/18/2022 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. (YG) |
| Filing 68 Minute Entry. In Person Proceedings held before Judge Roy B. Dalton, Jr.: FINAL PRETRIAL CONFERENCE held on 3/30/2022. Court Reporter: Amie First (YG) |
| Filing 67 Amended MOTION to Allow Electronic Equipment, specifically laptops, computer monitor, vga/hdmi cables and connectors, power strip and extension cords, hdmi splitter and cellphone by Siemens Gamesa Renewable Energy, Inc.. (Mercado Robles, Yameel) |
| Filing 66 Unopposed MOTION to Allow Electronic Equipment, specifically laptops, computer monitor, vga/hdmi cables and connectors, power strip and extension cords, hdmi splitter, cellphone by Siemens Gamesa Renewable Energy, Inc.. (Mercado Robles, Yameel) |
| Filing 65 MOTION to Allow Electronic Equipment, specifically cellphone, laptop computer, and power/charging cord by Wanzek Construction, Inc.. (Lowndes, Jennifer) |
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Filing 64
ORDER granting #63 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 3/18/2022. (CB)
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| Filing 63 Unopposed MOTION for T. Cy Walker to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19358481 for $150 by Siemens Gamesa Renewable Energy, Inc.. (Mercado Robles, Yameel) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 62 TRIAL BRIEF by Siemens Gamesa Renewable Energy, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Thielhelm, Robert) |
| Filing 61 Plaintiff's TRIAL BRIEF by Wanzek Construction, Inc. (Attachments: #1 Exhibit 1)(Lowndes, Jennifer) Modified on 3/18/2022 (KNC). |
| Filing 60 PRETRIAL statement by Wanzek Construction, Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Lowndes, Jennifer) |
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Filing 59
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 3/17/2022. A single Motion In Limine and any other Motions 2/24/2022. Motion In Limine response due 3/3/2022. Final Pretrial Conference set for 3/30/2022 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Bench Trial set for trial term commencing 4/4/2022 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. Signed by Judge Roy B. Dalton, Jr. on 2/7/2022. (YG)
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Filing 58
ENDORSED ORDER GRANTING the parties' Joint Motion for Extension (Doc. #57). An amended Case Management and Scheduling Order will follow shortly. Signed by Judge Roy B. Dalton, Jr. on 2/7/2022. (EP)
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| Filing 57 Joint MOTION for Miscellaneous Relief, specifically Motion for Extension of Pre-trial Deadlines by Wanzek Construction, Inc.. (Lowndes, Jennifer) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 56
ENDORSED ORDER DENYING Defendant's Motion for Leave to File a Sur-Reply (Doc. #54). Signed by Judge Roy B. Dalton, Jr. on 1/4/2022. (EP)
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| Filing 55 RESPONSE to Motion re #54 MOTION for Miscellaneous Relief, specifically Leave to File a Sur-Reply filed by Wanzek Construction, Inc.. (Lowndes, Jennifer) |
| Filing 54 MOTION for Miscellaneous Relief, specifically Leave to File a Sur-Reply by Siemens Gamesa Renewable Energy, Inc.. (Mercado Robles, Yameel) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 53
ORDER denying #45 Motion to Strike. Signed by Magistrate Judge Embry J. Kidd on 12/23/2021. (CB)
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| Filing 52 REPLY to Response to Motion re #46 MOTION for Summary Judgment filed by Wanzek Construction, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Lowndes, Jennifer) |
| Filing 51 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 3/17/2022 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 3/30/2022 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. (YG) |
| Filing 50 RESPONSE in Opposition re #46 MOTION for Summary Judgment filed by Siemens Gamesa Renewable Energy, Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Thielhelm, Robert) |
| Filing 49 RESPONSE to Motion re #47 MOTION for Miscellaneous Relief, specifically To Exclude Testimony and Opinions of Plaintiff's Expert Witness, Amanda Jo Amadon filed by Wanzek Construction, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lowndes, Jennifer) |
| Filing 48 RESPONSE to Motion re #45 MOTION to Strike Portions of Amanda Jo Amadon's Expert Rebuttal Report filed by Wanzek Construction, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lowndes, Jennifer) |
| Filing 47 MOTION for Miscellaneous Relief, specifically To Exclude Testimony and Opinions of Plaintiff's Expert Witness, Amanda Jo Amadon by Siemens Gamesa Renewable Energy, Inc.. (Attachments: #1 Exhibit 1)(Thielhelm, Robert) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 46 MOTION for Summary Judgment by Wanzek Construction, Inc.. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Lowndes, Jennifer) |
| Filing 45 MOTION to Strike Portions of Amanda Jo Amadon's Expert Rebuttal Report by Siemens Gamesa Renewable Energy, Inc.. (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)(Thielhelm, Robert) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 44
ENDORSED ORDER granting #43 Motion for Extension of Time. The parties may take the deposition of Amanda Amadon on October 12, 2021, and Angela Sist on October 13, 2021. No other deadlines are extended by this order. Signed by Magistrate Judge Embry J. Kidd on 10/1/2021. (Kidd, Embry)
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| Filing 43 MOTION for Miscellaneous Relief, specifically Motion to Allow Expert Depositions After Close of Discovery by Wanzek Construction, Inc.. (Lowndes, Jennifer) Motions referred to Magistrate Judge Embry J. Kidd. |
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Filing 42
ENDORSED ORDER denying as moot #35 Plaintiff's Motion to Vacate "Attorneys' Eyes Only" Designation and #36 Plaintiff's Unopposed Motion for Leave to File Under Seal the Prime Contract, in light of the #39, #41 Notices of Withdrawal. Signed by Magistrate Judge Embry J. Kidd on 7/6/2021. (RMN)
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| Filing 41 NOTICE of withdrawal of motion by Wanzek Construction, Inc. re #36 Unopposed MOTION to Seal Prime Contract and Supporting Memorandum of Law filed by Wanzek Construction, Inc. (Lowndes, Jennifer) |
| Filing 40 NOTICE of Additional Appearance by Jennifer Susanne Lowndes on behalf of Wanzek Construction, Inc. (Lowndes, Jennifer) |
| Filing 39 NOTICE of withdrawal of motion by Wanzek Construction, Inc. re #35 MOTION to Vacate an "Attorneys' Eyes Only" Designation filed by Wanzek Construction, Inc. (Lowndes, Jennifer) |
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Filing 38
ENDORSED ORDER granting #37 Defendant's Unopposed Motion for Extension of Time to Respond to #35 Plaintiff's Motion to Vacate an "Attorney's Eyes Only" Designation. Response due by 7/2/2021. Signed by Magistrate Judge Embry J. Kidd on 6/29/2021. (RMN)
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| Filing 37 Unopposed MOTION for Extension of Time until 7/2/21 to File Response/Reply as to #35 MOTION to Vacate an "Attorneys' Eyes Only" Designation by Siemens Gamesa Renewable Energy, Inc. (Mercado Robles, Yameel) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 6/29/2021 (LDJ). |
| Filing 36 Unopposed MOTION to Seal Prime Contract and Supporting Memorandum of Law by Wanzek Construction, Inc. (Attachments: #1 Exhibit A)(Lowndes, Jennifer) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 6/28/2021 (LDJ). |
| Filing 35 MOTION to Vacate an "Attorneys' Eyes Only" Designation by Wanzek Construction, Inc. (Attachments: #1 Exhibit A)(Lowndes, Jennifer) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 6/28/2021 (LDJ). |
| Filing 34 MEDIATION report Hearing held on 6/17/21. Hearing outcome: No agreement.. (Alexander, Bruce) |
| Reset scheduling order deadlines: Defendant disclosure of expert report due by 9/3/2021 Plaintiff disclosure of expert report due by 8/6/2021 (LDJ) |
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Filing 33
ENDORSED ORDER granting #32 Motion for Extension of Time. The parties may have until and through August 6, 2021, to serve their initial expert disclosures. The parties may have until and through September 3, 2021, to serve their rebuttal expert disclosures. All other deadlines remain as previously ordered. Signed by Magistrate Judge Embry J. Kidd on 5/17/2021. (Kidd, Embry)
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| Filing 32 Joint MOTION for Extension of Time to File Expert Witness Disclosures, Reports Deadlines and Supporting Memorandum Of Law by Wanzek Construction, Inc.. (Lowndes, Jennifer) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 31 NOTICE of mediation conference/hearing to be held on June 17, 2021, at 9:30 a.m. before Bruce G. Alexander. (Thielhelm, Robert) |
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Filing 30
ENDORSED ORDER granting #29 Motion to Withdraw Attorney Joshua Robert Jacobson as Counsel of Record for Defendant Siemens Gamesa Renewable Energy, Inc. Attorney Joshua Robert Jacobson is terminated. The Clerk is directed to remove Mr. Jacobson from the CM/ECF service list. Signed by Magistrate Judge Embry J. Kidd on 1/6/2021. (JLS)
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| Filing 29 Unopposed MOTION for Joshua Jacobson to Withdraw as Attorney by Siemens Gamesa Renewable Energy, Inc.. (Jacobson, Joshua) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 28 NOTICE OF SELECTION of Bruce G. Alexander as mediator by Siemens Gamesa Renewable Energy, Inc.. (Thielhelm, Robert) |
| Filing 27 CASE REFERRED to Mediation. (LDJ) |
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Filing 26
ORDER: The parties are directed to confer, and then advise the Court, on the selection of a mediator no later than October 20, 2020. Signed by Judge Roy B. Dalton, Jr. on 10/6/2020. (BIA) (ctp)
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Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/30/2020, Joinder of Parties due by 10/30/2020, Discovery due by 10/1/2021, Dispositive motions due by 11/5/2021, Pretrial statement due by 3/10/2022, All other motions due by 2/24/2022, Plaintiff disclosure of expert report due by 7/9/2021, Defendant disclosure of expert report due by 8/13/2021, Final Pretrial Conference set for 3/17/2022 at 10:00 AM before Judge Roy B. Dalton, Jr., Bench Trial set for 4/4/2022 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 7/16/2021. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 10/6/2020. (BIA) (ctp)
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| Filing 24 CASE MANAGEMENT REPORT. (Subin, Ben) |
| Filing 23 Remark: Doc. #22 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/16/20. (EBU) |
| Filing 22 Amended CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Wanzek Construction, Inc. identifying Corporate Parent Mastec North America, Inc., Corporate Parent Mastec Inc. for Wanzek Construction, Inc., Wanzek Construction, Inc. (Attachments: #1 Exhibit Attachment A)(Subin, Ben) Modified link on 9/15/2020 (LDJ). |
| Filing 21 Answer and Affirmative Defenses REPLY to #17 Counterclaim by Wanzek Construction, Inc.. Related document: #17 Answer to ComplaintCounterclaim filed by Siemens Gamesa Renewable Energy, Inc..(Subin, Ben) |
| Filing 20 Remark: Doc. #19 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/25/20. (MT) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Siemens Gamesa Renewable Energy, Inc.. (Thielhelm, Robert) |
| Filing 18 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Siemens Gamesa Renewable Energy, Inc.. Related case(s): No (Thielhelm, Robert) |
| Filing 17 ANSWER and affirmative defenses to #1 Complaint , COUNTERCLAIM against Wanzek Construction, Inc. by Siemens Gamesa Renewable Energy, Inc..(Thielhelm, Robert) |
| Filing 16 Remark: Doc. #11 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/17/20. (MT) |
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Filing 15
ENDORSED ORDER granting #14 Motion for Extension of Time to Answer. Defendant may have until and through August 24, 2020, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 8/14/2020. (Kidd, Embry)
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| Filing 14 Consent MOTION for Extension of Time until 8/24/20 to File Answer re #1 Complaint by Siemens Gamesa Renewable Energy, Inc. (Jacobson, Joshua) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 8/14/2020 (LDJ). |
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Filing 13
ORDER granting #12 Plaintiff's Motion for Admission Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 8/11/2020. (RMN)
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| Filing 12 MOTION for Thomas J. Vollbrecht to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17157999 for $150 by Wanzek Construction, Inc.. (Attachments: #1 Appendix Attachment A)(Subin, Ben) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Wanzek Construction, Inc. identifying Corporate Parent Mastec North America, Inc., Corporate Parent Mastec, Inc. for Wanzek Construction, Inc... (Attachments: #1 Appendix Attachment A)(Subin, Ben) |
| Filing 10 NOTICE to counsel Jennifer S. Lowndes 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). (LDJ) (copies emailed) |
| Filing 9 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Wanzek Construction, Inc.. Related case(s): No (Subin, Ben) |
| Filing 8 RETURN of service executed on 07/27/2020 by Wanzek Construction, Inc. as to Siemens Gamesa Renewable Energy, Inc.. (Subin, Ben) |
| Filing 7 SUMMONS issued as to Siemens Gamesa Renewable Energy, Inc. (LDJ) |
| Filing 6 PROPOSED summons to be issued by Wanzek Construction, Inc.. (Subin, Ben) |
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Filing 5
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 1/3/2020. (PML) ctp
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| Filing 4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 8/4/2020. Signed by Deputy Clerk on 7/21/2020. (BIA) (ctp) |
| Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/4/2020. Signed by Deputy Clerk on 7/21/2020. (BIA) (ctp) |
| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New case number: 6:20-cv-1273-Orl-37EJK. (SJB) |
| Filing 1 COMPLAINT against Siemens Gamesa Renewable Energy, Inc. (Filing fee $ 400 receipt number 113A-17072589) filed by Wanzek Construction, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Subin, Ben) Modified text on 7/21/2020 (LDJ). |
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