Rosemont Hotels, Inc. v. Barton Malow Company
| Rosemont Hotels, Inc. |
| BARTON MALOW COMPANY, Jonathan Nehmer & Associates, Inc. and RTM Engineering Consultants, LLC |
| Bruce Norris |
| CM Glazing LLC, Del-Air Heating, Air Conditioning & Refrigeration, LLC, Glass Block Warehouse, L.C., Habitech Systems, Inc., Hartford South, LLC, Heichel Plumbing, Inc., Lotspeich Contracting, Inc. and Spectra Holdings, Inc. |
| 6:2023cv01073 |
| June 8, 2023 |
| U.S. District Court for the Middle District of Florida |
| Carlos E Mendoza |
| Robert M Norway |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 RETURN of service executed on September 20, 2023 by Barton Malow Company as to Spectra Holdings, Inc. (Subin, Ben) |
| Filing 41 RETURN of service executed on September 20, 2023 by Barton Malow Company as to Heichel Plumbing, Inc. (Subin, Ben) |
| Filing 40 RETURN of service executed on September 22, 2023 by Barton Malow Company as to Hartford South, LLC. (Subin, Ben) |
| Filing 39 RETURN of service executed on September 21, 2023 by Barton Malow Company as to CM Glazing LLC(a Florida Limited Liability Company). (Subin, Ben) |
| Filing 38 ANSWER and affirmative defenses to #25 Amended Complaint by RTM Engineering Consultants, LLC.(Carson-Freymann, Catherine) |
| Filing 37 PROOF of service by Rosemont Hotels, Inc. (Wilson, Michael) |
| Filing 36 NOTICE TO COUNSEL Beth-Ann Schulman and Lia Sibrian of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (ARL) |
| Filing 35 NOTICE by Del-Air Heating, Air Conditioning & Refrigeration, LLC Pendency of Other Actions (Schulman, Beth) COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT TYPE Modified on 9/26/2023 as to docket text(ARL). |
| Filing 34 ANSWER and affirmative defenses to #25 Amended Complaint by Barton Malow Company.(Subin, Ben) |
| Filing 33 NOTICE by Del-Air Heating, Air Conditioning & Refrigeration, LLC Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 (Schulman, Beth) COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT TYPE Modified on 9/26/2023 as to docket text (ARL). |
| Filing 32 NOTICE of Lead Counsel Designation by Beth Ann Schulman on behalf of Del-Air Heating, Air Conditioning & Refrigeration, LLC. Lead Counsel: Beth Ann Schulman. (Schulman, Beth) |
| Filing 31 RETURN of service executed on September 13, 2023 by Rosemont Hotels, Inc. as to Jonathan Nehmer & Associates, Inc.. (Wilson, Michael) |
| Filing 30 Amended THIRD PARTY COMPLAINT against CM GLAZING LLC d/b/a ACME GLASS CONTRACT GLAZING, a Florida Limited Liability Company, Del-Air Heating, Air Conditioning & Refrigeration, LLC, Glass Block Warehouse, L.C., Habitech Systems, Inc., Hartford South, LLC, Heichel Plumbing, Inc., Lotspeich Contracting, Inc., Spectra Holdings, Inc. filed by Barton Malow Company. (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)(Subin, Ben) |
Filing 29
ENDORSED ORDER granting #28 Motion to Amend Third-Party Complaint. On or before September 15, 2023, Barton Marlow may file its amended third-party complaint. Signed by Magistrate Judge Robert M. Norway on 9/13/2023. (JBS)
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| Filing 28 Unopposed MOTION for Leave to Amend #22 Third Party Complaint by Barton Malow Company. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4)(Subin, Ben) (Modified on 9/12/2023, to edit text) (BGR). |
| Filing 27 SUMMONS issued as to RTM Engineering Consultants, LLC. (BGR) |
| Filing 26 SUMMONS issued as to Jonathan Nehmer & Associates, Inc. (BGR) |
| Filing 25 AMENDED COMPLAINT against Barton Malow Company, Jonathan Nehmer & Associates, Inc., RTM Engineering Consultants, LLC filed by Rosemont Hotels, Inc.. (Attachments: #1 Exhibit Exhibits to Amended Complaint, #2 Proposed Summons Proposed Summons - Jonathan Nehmer & Associates, Inc., #3 Proposed Summons Proposed Summons - RTM Engineering Consultants, LLC)(Wilson, Michael) |
| Filing 24 SUMMONS issued as to CM GLAZING LLC d/b/a ACME GLASS CONTRACT GLAZING, a Florida Limited Liability Company, Del-Air Heating, Air Conditioning & Refrigeration, LLC, Glass Block Warehouse, L.C., Habitech Systems, Inc., Hartford South, LLC, Heichel Plumbing, Inc., Lotspeich Contracting, Inc., Spectra Holdings, Inc. (LD) |
| Filing 23 PROPOSED summons to be issued by Barton Malow Company. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons)(Subin, Ben) |
| Filing 22 THIRD PARTY COMPLAINT against CM GLAZING LLC d/b/a ACME GLASS CONTRACT GLAZING, a Florida Limited Liability Company, Del-Air Heating, Air Conditioning & Refrigeration, LLC, Glass Block Warehouse, L.C., Habitech Systems, Inc., Hartford South, LLC, Heichel Plumbing, Inc., Lotspeich Contracting, Inc., Spectra Holdings, Inc. filed by Barton Malow Company. (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)(Subin, Ben) |
Filing 21
ENDORSED ORDER granting #19 Motion for Leave to File Document; granting #20 Motion to Amend. The parties are directed to file their respective amended complaint and/or third-party complaint on or before September 15, 2023. Signed by Magistrate Judge Robert M. Norway on 9/7/2023. (JBS)
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| Filing 20 Unopposed MOTION to Amend Complaint and Add Parties by Rosemont Hotels, Inc.. (Attachments: #1 Exhibit Amended Complaint)(Wilson, Michael) |
| Filing 19 MOTION for Leave to File Other Document :Third-Party Complaint by Barton Malow Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2, #5 Exhibit C - Part 3, #6 Exhibit C - Part 4)(Subin, Ben) |
Filing 18
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/6/2023 Joinder of Parties due by 9/6/2023 Discovery due by 11/1/2024 Dispositive motions due by 12/3/2024 Pretrial statement due by 4/7/2025 All other motions due by 4/7/2025 Plaintiff disclosure of expert report due by 9/3/2024 Defendant disclosure of expert report due by 10/3/2024 Trial Status Conference set for 4/17/2025 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Bench Trial set for the May 2025 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 11/15/2024. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 7/7/2023. (MEH)
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| Filing 17 Rosemont's Answer to Counterclaim & Affirmative Defenses REPLY to #2 Counterclaim by Rosemont Hotels, Inc.. Related document: #2 Answer to Complaint Counterclaimfiled by Barton Malow Company.(Wilson, Michael) |
| Filing 16 CASE MANAGEMENT REPORT. (Subin, Ben) |
Filing 15
ENDORSED ORDER granting Counterclaim Defendant's #14 Unopposed Motion for Extension of Time for good cause shown. Rosemont Hotels, Inc. shall answer or otherwise respond to the counterclaim on or before July 3, 2023. Signed by Magistrate Judge Robert M. Norway on 6/22/2023. (Norway, Robert)
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| Filing 14 MOTION for Extension of Time to File Answer re #2 Answer to Complaint Counterclaim, by Rosemont Hotels, Inc. (Wilson, Michael) Motions referred to Magistrate Judge Robert M. Norway. Modified on 6/26/2023 to edit docket text (BCB). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by Rosemont Hotels, Inc. identifying Corporate Parent Premium Realty Inc., Other Affiliate Hassan Khimani, Other Affiliate Akber Khimani, Other Affiliate Mazda Ekbatani for Rosemont Hotels, Inc., Rosemont Hotels, Inc. (Wilson, Michael) Modified on 6/21/2023 to edit docket text (BCB). |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Rosemont Hotels, Inc. Related case(s): No (Wilson, Michael) Modified on 6/21/2023 to edit docket text (BCB). |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Barton Malow Company. Related case(s): No (Subin, Ben) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by Barton Malow Company identifying Corporate Parent Barton Malow Holdings LLC, Corporate Parent Barton Malow Enterprises, Inc. for Barton Malow Company, Barton Malow Company. (Subin, Ben) |
| Filing 9 NOTICE of Lead Counsel Designation by Michael Keith Wilson on behalf of Rosemont Hotels, Inc. Lead Counsel: Michael K. Wilson. (Wilson, Michael) Modified on 6/21/2023 to edit docket text (BCB). |
| Filing 8 NOTICE of Lead Counsel Designation by Ben William Subin on behalf of Barton Malow Company. Lead Counsel: Ben W. Subin. (Subin, Ben) |
Filing 7
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 6/9/2023. (MEH)
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Filing 6
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 Carlos E. Mendoza on 6/9/2023. (MEH)
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Filing 5
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 6/9/2023. (MEH)
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| Filing 4 NOTICE 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). (AET) |
| Filing 3 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Robert M. Norway. New case number: 6:23-cv-1073-CEM-RMN. (AET) |
| Filing 2 ANSWER and affirmative defenses to #1 Complaint and Notice of Removal and COUNTERCLAIM against Rosemont Hotels, Inc. by Barton Malow Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Starr, Monte) Modified on 6/9/2023as to docket text(ARL)(AET). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Ninth Judicial Circuit in and for Osceola County, case number 2023-CA-001681 filed in State Court on 3-21-2023. (Filing Fee $402 Receipt AFLMDC-20921072) filed by Barton Malow Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 State Court COMPLAINT Exhibit C, #4 State Court Docket Sheet Exhibit D, #5 State Court Other Documents Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Subin, Ben) Modified on 6/9/2023 as to docket text (ARL). |
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