American Securities Association v. United States Department of Labor et al
| American Securities Association |
| U.S. Department of Labor, Marty Walsh and United States Department of Labor |
| 8:2022cv00330 |
| February 9, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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| Filing 27 Joint MOTION for Miscellaneous Relief, specifically to Establish a Schedule for Summary Judgment Proceedings by American Securities Association. (Connolly, John) |
| Filing 26 NOTICE of Appearance by Galen Thorp on behalf of United States Department of Labor, Marty Walsh. (Thorp, Galen) |
Filing 25
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Steven C. Begakis 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 April 19, 2022, 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 April 19, 2022. Signed by Judge Virginia M. Hernandez Covington on 4/7/2022. (MEJ)
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| Filing 23 NOTICE of Lead Counsel Designation by Alexander N. Ely on behalf of United States Department of Labor, Marty Walsh. Lead Counsel: Alexander Ely. (Ely, Alexander) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re 19 Notice to Counsel of Local Rule by American Securities Association. (Shapiro, Daniel) |
| Filing 21 NOTICE of a related action per Local Rule 1.07(c) by American Securities Association. Related case(s): Yes (Shapiro, Daniel) |
| Filing 20 NOTICE of Lead Counsel Designation by Daniel Joseph Shapiro on behalf of American Securities Association. Lead Counsel: J. Michael Connolly. (Shapiro, Daniel) |
| Filing 19 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (MEJ) |
| Filing 18 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ) |
| Filing 17 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (MEJ) |
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Filing 16
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 3/17/2022. (MEJ)
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| Filing 15 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (MEJ) |
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Filing 13
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by April 29, 2022, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 3/7/2022. (CTL)
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Filing 12
ENDORSED ORDER granting Plaintiff American Securities Association's #11 Motion for Admission Pro Hac Vice [as to attorney J. Michael Connolly]. If counsel has not already done so, he shall complete the e-filer registration form (available at http://www.flmd.uscourts.gov/special-admission-practice). Signed by Magistrate Judge Christopher P. Tuite on 2/28/2022. (ACL)
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| Filing 11 Second MOTION for J. Michael Connolly to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19277911 for $150 by American Securities Association. (Attachments: #1 Special Admission Attorney Certification)(Shapiro, Daniel) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 10 PROOF of service by American Securities Association. (Shapiro, Daniel) |
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Filing 9
ENDORSED ORDER denying without prejudice Plaintiff American Securities Association's #7 Motion for Admission Pro Hac Vice [as to attorney Steven Begakis]. It appears that counsel has not complied with Local Rule 2.01(c)(5). Signed by Magistrate Judge Christopher P. Tuite on 2/15/2022. (ACL)
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Filing 8
ENDORSED ORDER denying without prejudice Plaintiff American Securities Association's #6 Motion for Admission Pro Hac Vice [as to attorney J. Michael Connolly]. It appears that counsel has not complied with Local Rule 2.01(c)(5). Signed by Magistrate Judge Christopher P. Tuite on 2/15/2022. (ACL)
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| Filing 7 MOTION for Steven Begakis to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19237270 for $150 by American Securities Association. (Attachments: #1 Special Admission Attorney Certification)(Shapiro, Daniel) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 6 MOTION for J. Michael Connolly to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19237087 for $150 by American Securities Association. (Attachments: #1 Special Admission Attorney Certification)(Shapiro, Daniel) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 5 NOTICE to counsels J. Michael Connolly and Steven C. Begakis of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) |
| Filing 4 NOTICE 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). (BD) |
| Filing 3 SUMMONS issued as to U.S. Department of Labor and Marty Walsh. (BD) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-00330-VMC-CPT. (APV) |
| Filing 1 COMPLAINT against U.S. Department of Labor, Marty Walsh (Filing fee $402 receipt number AFLMDC-19214006) filed by American Securities Association. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Shapiro, Daniel) Modified on 2/9/2022 to correct docket text (BD). |
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