Tom v. Modern Concepts Construction LLC
Plaintiff: David Tom
Defendant: Modern Concepts Construction LLC
Case Number: 6:2022cv01644
Filed: September 9, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: David A Baker
Referring Judge: Paul G Byron
2 Judge: Robert M Norway
Nature of Suit: Telephone Consumer Protection Act (TCPA)
Cause of Action: 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 11, 2023 Filing 36 Clerk's ENTRY OF DEFAULT as to Modern Concepts Construction LLC (SRD)
May 10, 2023 Opinion or Order Filing 35 ENDORSED ORDER denying as moot #32 Motion for Clerk's Default. The Clerk is DIRECTED to enter Clerk's Default against Defendant Modern Concepts Construction, LLC. Defendant failed to have new counsel appear on its behalf in compliance with #33 Order on Motion to Withdraw. Signed by Magistrate Judge Robert M. Norway on 5/10/2023. (MLS)
April 13, 2023 Filing 34 NOTICE of compliance re #33 Order on Motion to Withdraw as Attorney by Modern Concepts Construction LLC (Schifino, John)
April 6, 2023 Opinion or Order Filing 33 ORDER granting #28 Motion to Withdraw as Counsel, with additional directions in the docketed order. Signed by Magistrate Judge Robert M. Norway on 4/6/2023. (MLS)
April 6, 2023 Filing 32 MOTION for Default By Clerk against Modern Concepts Construction LLC by David Tom. (SRD) Motions referred to Magistrate Judge Robert M. Norway.
April 6, 2023 Filing 30 Minute Entry. Virtual Proceedings held before Magistrate Judge Robert M. Norway: MOTION HEARING held on 4/6/2023 re #28 MOTION for John A. Schifino, Melanie Senosiain and Gunster, Yoakley Stewart, P.A. to Withdraw as Attorney filed by Modern Concepts Construction LLC. (Digital/Zoom) (LDJ)
April 3, 2023 Opinion or Order Filing 29 ENDORSED ORDER Setting Hearing on Motion #28 MOTION for John A. Schifino, Melanie Senosiain and Gunster, Yoakley Stewart, P.A. to Withdraw as Attorney : Motion Hearing set for 4/6/2023 at 02:00 PM in Zoom Video Conference before Magistrate Judge Robert M. Norway. Defendant Modern Concepts Construction must have a corporate representative in attendance at the hearing. Additional hearing instructions will follow. Signed by Magistrate Judge Robert M. Norway on 4/3/2023. (JBS) Modified on 4/3/2023 (JBS).
March 30, 2023 Filing 28 MOTION for John A. Schifino, Melanie Senosiain and Gunster, Yoakley Stewart, P.A. to Withdraw as Attorney by Modern Concepts Construction LLC. (Schifino, John) Motions referred to Magistrate Judge Robert M. Norway.
March 10, 2023 Filing 27 NOTICE TO COUNSEL Melanie Britt Senosiain and John A. Schifino of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (SRD)
March 9, 2023 Filing 26 Case Reassigned to Magistrate Judge Robert M. Norway. New case number: 6:22-cv-1644-PGB-RMN. Magistrate Judge David A. Baker no longer assigned to the case. (GNB)
February 3, 2023 Filing 25 MEDIATION report Hearing held on February 3, 2023. Hearing outcome: Impasse. (Holder, Gregory) Modified on 2/3/2023 to edit docket text (SRD).
January 24, 2023 Opinion or Order Filing 24 ENDORSED ORDER TO STRIKE #23 RESPONSE to Defendant's First Request for Admissions filed by David Tom. Under the Local Rules, discovery matters are not to be filed as a matter of routine. Therefore, the filing of Plaintiff's Response to Defendant's First Request for Admissions is not authorized. Accordingly, it is ORDERED that Docket No. 23 be STRICKEN and removed from the electronic docket. Signed by Magistrate Judge Celeste F. Bremer on 1/24/2023. (JPR)
January 19, 2023 Filing 23 *STRICKEN and Removed per Order at Doc. 24 RESPONSE to Defendant's First Request for Admissions by David Tom (Attachments: #1 Mailing Envelope)(LDJ) Modified on 1/25/2023 (SRD).
December 12, 2022 Opinion or Order Filing 22 ORDER denying #12 Motion to Remand to State Court; adopting #20 Report and Recommendations. Signed by Judge Paul G. Byron on 12/12/2022. (ABP)
December 2, 2022 Filing 21 NOTICE of mediation conference/hearing to be held on 2/3/2023 before Hon. Gregory P. Holder. (Attachments: #1 Mailing Envelope)(LDJ)
November 21, 2022 Filing 20 REPORT AND RECOMMENDATIONS re #12 MOTION to Remand to State Court filed by David Tom. It is RECOMMENDED that the motion be DENIED. Signed by Magistrate Judge Celeste F. Bremer on 11/21/2022. (JW)
November 4, 2022 Filing 19 NOTICE OF SELECTION of Hon. Gregory P. Holder as mediator by David Tom. (Attachments: #1 Mailing Envelope)(LDJ)
October 20, 2022 Filing 18 CASE REFERRED to Mediation. Plaintiff shall contact opposing counsel following the selection of mediator and file a notice with the court within 14 days advising the court of the scheduled mediation date. (AKC)
October 20, 2022 Opinion or Order Filing 17 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 12/9/2022 Joinder of Parties due by 12/9/2022 Discovery due by 5/1/2023 Dispositive motions due by 6/1/2023 Pretrial statement due by 9/19/2023 All other motions due by 9/26/2023 Plaintiff disclosure of expert report due by 3/1/2023 Defendant disclosure of expert report due by 4/3/2023 Final Pretrial Conference set for 10/17/2023 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron Jury Trial set for the trial term which commences on 11/6/2023 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 5/15/2023. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 10/20/2022. (AKC)
October 20, 2022 Opinion or Order Filing 16 ORDER directing counsel to select a mediator and file a notice within 14 days - re #15 Case Management Report. Signed by Judge Paul G. Byron on 10/20/2022. (AKC)
October 19, 2022 Filing 15 CASE MANAGEMENT REPORT. (Senosiain, Melanie)
October 18, 2022 Filing 14 RESPONSE in Opposition re #12 MOTION to Remand to State Court filed by Modern Concepts Construction LLC. (Attachments: #1 Exhibit A)(Schifino, John)
October 17, 2022 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement and Notice of Pendency of Other Actions re #3 Interested persons order by David Tom. (Attachments: #1 Mailing Envelope)(SRD)
October 7, 2022 Filing 12 MOTION to Remand to State Court by David Tom. (Attachments: #1 Mailing Envelope)(SPM)
October 6, 2022 Opinion or Order Filing 11 ORDER directing Plaintiff's compliance to Initial Case Order #3 within 14 days from the date of this order. Signed by Judge Paul G. Byron on 10/6/2022. (AKC)
September 23, 2022 Filing 10 CORPORATE Disclosure Statement by Modern Concepts Construction LLC. (Schifino, John)
September 23, 2022 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Modern Concepts Construction LLC. Related case(s): No (Schifino, John)
September 18, 2022 Opinion or Order Filing 8 ORDER OF REFERENCE to the Magistrate Judge. Signed by Judge Paul G. Byron on 9/18/2022. (AKC)
September 16, 2022 Filing 7 AMENDED NOTICE of Removal by Modern Concepts Construction LLC Related Document: #1 COMPLAINT and NOTICE OF REMOVAL. (Schifino, John) Modified as to text and entry relationship on 9/19/2022 (JK).
September 14, 2022 Opinion or Order Filing 6 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Celeste F. Bremer on 9/13/2022. (TNP)
September 12, 2022 Filing 5 CIVIL Cover Sheet per 4 NOTICE to counsel by Modern Concepts Construction LLC (Schifino, John). Related Document: #1 COMPLAINT and NOTICE OF REMOVAL. Modified as to text and entry relationship on 9/13/2022 (JK).
September 12, 2022 Filing 4 NOTICE to counsel John A. Schifino that Form JS 44 Civil Cover Sheet is required for the Clerk of Court to initiate a civil docket sheet. File the Civil Cover Sheet in this action using the Notice (Other) event. (Signed by Deputy Clerk). (SRD)
September 11, 2022 Opinion or Order Filing 3 INITIAL ORDER re: Case Management and Deadlines for Plaintiff and Defendant. Signed by Judge Paul G. Byron on 9/11/2022. (AKC)
September 9, 2022 Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge David A. Baker. New case number: 6:22-cv-1644-PGB-DAB. (SJB)
September 9, 2022 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Eighteenth Judicial Circuit Court, case number 05-2022-SC-038228 filed in State Court on 7/25/2022. Filing fee $402, receipt number AFLMDC-19979153 filed by Modern Concepts Construction LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents)(Schifino, John)

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Plaintiff: David Tom
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Defendant: Modern Concepts Construction LLC
Represented By: John A. Schifino
Represented By: Melanie Britt Senosiain
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