Rosemont Hotels, Inc. v. Barton Malow Company
Plaintiff: Rosemont Hotels, Inc.
Defendant: BARTON MALOW COMPANY, Jonathan Nehmer & Associates, Inc. and RTM Engineering Consultants, LLC
Not Classified By Court: Bruce Norris
3Rd Party Defendant: 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.
Case Number: 6:2023cv01073
Filed: June 8, 2023
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Carlos E Mendoza
Referring Judge: Robert M Norway
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2023 Filing 42 RETURN of service executed on September 20, 2023 by Barton Malow Company as to Spectra Holdings, Inc. (Subin, Ben)
September 26, 2023 Filing 41 RETURN of service executed on September 20, 2023 by Barton Malow Company as to Heichel Plumbing, Inc. (Subin, Ben)
September 26, 2023 Filing 40 RETURN of service executed on September 22, 2023 by Barton Malow Company as to Hartford South, LLC. (Subin, Ben)
September 26, 2023 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)
September 26, 2023 Filing 38 ANSWER and affirmative defenses to #25 Amended Complaint by RTM Engineering Consultants, LLC.(Carson-Freymann, Catherine)
September 26, 2023 Filing 37 PROOF of service by Rosemont Hotels, Inc. (Wilson, Michael)
September 26, 2023 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)
September 25, 2023 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).
September 25, 2023 Filing 34 ANSWER and affirmative defenses to #25 Amended Complaint by Barton Malow Company.(Subin, Ben)
September 25, 2023 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).
September 25, 2023 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)
September 14, 2023 Filing 31 RETURN of service executed on September 13, 2023 by Rosemont Hotels, Inc. as to Jonathan Nehmer & Associates, Inc.. (Wilson, Michael)
September 13, 2023 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)
September 13, 2023 Opinion or Order 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)
September 12, 2023 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).
September 12, 2023 Filing 27 SUMMONS issued as to RTM Engineering Consultants, LLC. (BGR)
September 12, 2023 Filing 26 SUMMONS issued as to Jonathan Nehmer & Associates, Inc. (BGR)
September 11, 2023 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)
September 8, 2023 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)
September 7, 2023 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)
September 7, 2023 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)
September 7, 2023 Opinion or Order 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)
September 6, 2023 Filing 20 Unopposed MOTION to Amend Complaint and Add Parties by Rosemont Hotels, Inc.. (Attachments: #1 Exhibit Amended Complaint)(Wilson, Michael)
September 6, 2023 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)
July 7, 2023 Opinion or Order 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)
July 3, 2023 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)
June 27, 2023 Filing 16 CASE MANAGEMENT REPORT. (Subin, Ben)
June 22, 2023 Opinion or Order 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)
June 22, 2023 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).
June 19, 2023 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).
June 19, 2023 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).
June 13, 2023 Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Barton Malow Company. Related case(s): No (Subin, Ben)
June 13, 2023 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)
June 12, 2023 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).
June 9, 2023 Filing 8 NOTICE of Lead Counsel Designation by Ben William Subin on behalf of Barton Malow Company. Lead Counsel: Ben W. Subin. (Subin, Ben)
June 9, 2023 Opinion or Order 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)
June 9, 2023 Opinion or Order 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)
June 9, 2023 Opinion or Order Filing 5 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 6/9/2023. (MEH)
June 9, 2023 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)
June 9, 2023 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)
June 9, 2023 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).
June 8, 2023 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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Search for this case: Rosemont Hotels, Inc. v. Barton Malow Company
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Plaintiff: Rosemont Hotels, Inc.
Represented By: Michael Keith Wilson
Represented By: Paul Andrew Bennett
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Defendant: BARTON MALOW COMPANY
Represented By: Ben William Subin
Represented By: Monte Starr
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Defendant: Jonathan Nehmer & Associates, Inc.
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Defendant: RTM Engineering Consultants, LLC
Represented By: Catherine Margaret Carson-Freymann
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Not classified by court: Bruce Norris
Represented By: Bruce A. Norris
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3rd party defendant: CM Glazing LLC
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3rd party defendant: Del-Air Heating, Air Conditioning & Refrigeration, LLC
Represented By: Beth Ann Schulman
Represented By: Lia Nuset Sibrian
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3rd party defendant: Glass Block Warehouse, L.C.
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3rd party defendant: Habitech Systems, Inc.
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3rd party defendant: Hartford South, LLC
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3rd party defendant: Heichel Plumbing, Inc.
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3rd party defendant: Lotspeich Contracting, Inc.
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3rd party defendant: Spectra Holdings, Inc.
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