Poschmann v. Reef Resort Condominium Association, Inc.
| David Poschmann |
| Reef Resort Condominium Association, Inc. |
| Gregory P. Holder |
| 8:2021cv02105 |
| September 1, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Civil Rights: Americans with Disabilities - Other |
| None |
Docket Report
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This docket was last retrieved on October 21, 2021. A more recent docket listing may be available from PACER.
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Filing 18
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #17), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 10/21/2021. (DMD)
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| Filing 17 NOTICE of settlement by David Poschmann. (Levitt, Drew) |
| Filing 16 ANSWER to court interrogatories re: #11 Case Management / FLSA / ADA / Social Security / Scheduling Order by David Poschmann. (Sarkin, Lee) |
| Filing 15 ANSWER and affirmative defenses to #1 Complaint by Reef Resort Condominium Association, Inc.(Woodcock, Barbara) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Reef Resort Condominium Association, Inc. (Woodcock, Barbara) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Reef Resort Condominium Association, Inc. Related case(s): No (Woodcock, Barbara) |
| Filing 12 NOTICE of Lead Counsel Designation by Barbara Ballard Woodcock on behalf of Reef Resort Condominium Association, Inc. Lead Counsel: Barbara Ballard Woodcock. (Woodcock, Barbara) |
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Filing 11
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Gregory P. Holder, Esq., for mediation. The parties must mediate no later than December 22, 2021. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by October 22, 2021. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 10/6/2021. (TWL)
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| Filing 10 RETURN of service executed on 09/17/21 by David Poschmann as to Reef Resort Condominium Association, Inc. (Levitt, Drew) Modified text on 9/24/2021 (MCB). |
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Filing 9
ENDORSED ORDER: Counsel for Defendant has appeared, but Plaintiff has not yet filed the returns of service, or proof of waiver, as required under the Local Rules. Accordingly, Plaintiff is directed to file either the returns of service or proof of waiver by September 29, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/24/2021. (TWL)
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Filing 8
ENDORSED ORDER granting Defendant's unopposed Motion for Extension of Time to file Response/ Reply (Doc. #7). Defendant's answer is now due October 7, 2021. Signed by Judge Virginia M. Hernandez Covington on 9/23/2021. (KMH)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Reef Resort Condominium Association, Inc. (Woodcock, Barbara) |
| Filing 6 NOTICE of Appearance by Barbara Ballard Woodcock on behalf of Reef Resort Condominium Association, Inc. (Woodcock, Barbara) |
| Filing 5 NOTICE of Lead Counsel Designation by Lee David Sarkin on behalf of David Poschmann. Lead Counsel: Drew M. Levitt. (Sarkin, Lee) |
| Filing 4 NOTICE to Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (LNR) |
| Filing 3 SUMMONS issued as to Reef Resort Condominium Association, Inc. (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-2105-VMC-AEP. (SJB) |
| Filing 1 COMPLAINT against Reef Resort Condominium Association, Inc. (Filing fee $ 402 receipt number AFLMDC-18659288) filed by David Poschmann. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Sarkin, Lee) |
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