Solar City, Inc., d/b/a The LeverEdge v. Crystal Clear Concepts, LLC et al
| Solar City, Inc., d/b/a The LeverEdge, Solar City, Inc. and Solar City, Inc. a Florida corporation doing business as The Leveredge |
| Austin Ford and Crystal Clear Concepts, LLC |
| Peter J. Grilli |
| The Independent Savings Plan Company |
| 8:2019cv02538 |
| October 14, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 10, 2020. A more recent docket listing may be available from PACER.
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Filing 39
ORDER: Crossclaim-Defendant Crystal Clear Concepts, LLC's Motion to Dismiss Crossclaim (Doc. #24) is DENIED. Crystal Clear's Answer is due 14 days from the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 12/11/2019. (DMD)
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| Filing 38 RESPONSE in Opposition re #24 MOTION to dismiss for failure to state a claim filed by Austin Ford. (Hempfling, Jonathan) |
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Filing 37
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the Independent Savings Plan Company's motion to dismiss. (Doc. #36). Response now due December 20, 2019. Signed by Judge Virginia M. Hernandez Covington on 12/4/2019. (DMD)
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Dismiss Counterclaim (DE 15) by Crystal Clear Concepts, LLC. (Harrison, Richard) |
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Filing 35
ENDORSED ORDER: On November 7, 2019, the Court entered an order notifying Gilbert Michael Singer that he is not permitted to practice in the Middle District of Florida and directing him to show cause why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). (Doc. # 19). Mr. Singer filed his response, acknowledging that he is not admitted to practice in this District and stating that he "has no objection to the Court striking his appearance from the record in this case." (Doc. #27). Accordingly, the Clerk is directed to strike Gilbert Michael Singer's appearance from the record. Signed by Judge Virginia M. Hernandez Covington on 12/3/2019. (DMD)
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| Filing 34 CERTIFICATE of interested persons and corporate disclosure statement by The Independent Savings Plan Company. (Silverstein, Murray) |
| Filing 33 Answer, Affirmative Defenses, and REPLY to #15 Counterclaim by Solar City, Inc.(Silverstein, Murray) |
| Filing 32 MOTION to Dismiss Counterclaim (DE 15) by The Independent Savings Plan Company. (Silverstein, Murray) |
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Filing 31
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for March 10, 2020, at 10:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 11/22/2019. (DMD)
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| Filing 30 NOTICE of mediation conference/hearing to be held on March 10, 2020, at 10 a.m before Peter J. Grilli. (Boehner, Jacob) |
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Filing 29
ENDORSED ORDER granting the unopposed motion for extension of time to respond to motion to dismiss. (Doc. #28). Response now due December 6, 2019. Signed by Judge Virginia M. Hernandez Covington on 11/21/2019. (DMD)
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| Filing 28 Unopposed MOTION to extend time to December 6, 2019 by Austin Ford. (Hempfling, Jonathan) |
| Filing 27 RESPONSE TO ORDER TO SHOW CAUSE re 19 filed by Austin Ford. (Hempfling, Jonathan) |
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Filing 26
ENDORSED ORDER granting the unopposed motion for extension of time to respond to Crystal Clear's counterclaim. (Doc. #25). Response to counterclaim now due November 26, 2019. Signed by Judge Virginia M. Hernandez Covington on 11/20/2019. (DMD)
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| Filing 25 MOTION for Extension of Time to File Response to Counterclaim [DE 15] by Solar City, Inc. (Silverstein, Murray) |
| Filing 24 MOTION to dismiss for failure to state a claim by Crystal Clear Concepts, LLC. (Harrison, Richard) |
| Filing 23 DEMAND for trial by jury by Crystal Clear Concepts, LLC. (Harrison, Richard) |
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Filing 22
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/8/2019. (TWL)
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Filing 21
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #20), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 11/8/2019. (TWL)
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Filing 20
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 10/15/2020 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the November 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 6/8/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/8/2019. (TWL)
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Filing 19
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Gilbert Michael Singer is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until November 21, 2019, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by November 21, 2019. Signed by Judge Virginia M. Hernandez Covington on 11/7/2019. (TWL)
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Filing 18
ENDORSED ORDER directing Jacob Lawrence Boehner to comply with the administrative procedures regarding electronic filing. It appears that counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by November 21, 2019. Signed by Judge Virginia M. Hernandez Covington on 11/7/2019. (TWL)
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| Filing 17 WAIVER of service returned executed on 11/05/2019 by The Independent Savings Plan Company as to The Independent Savings Plan Company. (Silverstein, Murray) |
| Filing 16 ANSWER and affirmative defenses to Complaint , CROSSCLAIM against Crystal Clear Concepts, LLC by Austin Ford.(Hempfling, Jonathan) |
| Filing 15 ANSWER and affirmative defenses to Complaint , COUNTERCLAIM against Solar City, Inc., The Independent Savings Plan Company by Crystal Clear Concepts, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Harrison, Richard) |
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Filing 14
ENDORSED ORDER: The parties have filed their Case Management Report, (Doc. #12), in which they represent that they are "likely to agree" in the future to proceed before the Magistrate Judge. If the parties are going to agree to consent, they are directed to file their consent to proceed before the Magistrate Judge by November 5, 2019, so the Magistrate Judge may weigh in on the selection of the case management and scheduling order's dates. Signed by Judge Virginia M. Hernandez Covington on 10/29/2019. (DMD)
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| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #12 Case Management Report by Austin Ford. (Hempfling, Jonathan) |
| Filing 12 CASE MANAGEMENT REPORT. (Silverstein, Murray) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Solar City, Inc. (Silverstein, Murray) |
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Filing 10
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 10/28/2019. (TWL)
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Filing 9
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the Complaint. (Doc. #8). Ford's response is now due October 31, 2019. Signed by Judge Virginia M. Hernandez Covington on 10/21/2019. (DMD)
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| Filing 8 First MOTION for Extension of Time to File Response/Reply by Austin Ford. (Hempfling, Jonathan) |
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Filing 7
ENDORSED ORDER granting the unopposed motion for extension. (Doc. #6). Crystal Clear's response to the Complaint is due October 30, 2019. Signed by Judge Virginia M. Hernandez Covington on 10/16/2019. (DMD)
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| Filing 6 MOTION for Extension of Time to File Answer by Crystal Clear Concepts, LLC. (Harrison, Richard) |
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by Crystal Clear Concepts, LLC. (Harrison, Richard) |
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Filing 4
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 28, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 10/15/2019. (DMD)
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Filing 3
ENDORSED ORDER denying Defendant Austin Ford's state court motion for extension of time to file an answer. (Doc. # 1-5). In light of the case's removal to this Court, Ford's answer is due October 21, 2019. If Ford requires a short extension of this deadline, he must file a motion for extension in this case that complies with both the Federal and Local Rules. Signed by Judge Virginia M. Hernandez Covington on 10/15/2019. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-2538-T-33TGW. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pasco County, FL Civil Division, case number 2019-CA-002753 filed in State Court on 08/15/2019. Filing fee $ 400, receipt number 113A-16024273 filed by Crystal Clear Concepts, LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 Exhibit Sunbiz registration, #4 Exhibit Consent for Removal, #5 State Court Pending Motions Ford Motion for Extension of Time, #6 State Court Other Documents Ford Notice of Appearance)(Harrison, Richard) |
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