Perry et al v. Ryan et al
| Mary Lee Perry, Mary Wright and Gregory Perry |
| Michael Ryan, Brian Youssi, Mark Boykin, Steve Yagla, Thomas Herman, John Schroder, Judith Ryan, Janet Jones, Robert Colbert, Patrick Boland, LLP Momkus, H.A. Phillips & Co, Alpha Property Group LLC, Jessica E. Oefelein and Degrazia & Ofefelein LLC |
| 8:2022cv02752 |
| December 13, 2022 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Thomas G Wilson |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel, Assault, Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 Joint MOTION to Stay Discovery by Alpha Property Group LLC, Patrick Boland, Mark Boykin, DeGrazia & Ofefelein LLC, H.A. Phillips & Co, Thomas Herman, Janet Jones, LLP Momkus, Jessica E. Oefelein, Judith Ryan, Michael Ryan, Steve Yagla, Brian Youssi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Rogers, Jeremy) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 34 NOTICE of Filing by Alpha Property Group LLC, H.A. Phillips & Co, Thomas Herman, Janet Jones, Judith Ryan, Michael Ryan, Steve Yagla, Brian Youssi re #33 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit)(Rogers, Jeremy) Modified text on 2/6/2023 (MCB). |
| Filing 33 MOTION to Dismiss for Lack of Jurisdiction by Alpha Property Group LLC, H.A. Phillips & Co, Thomas Herman, Janet Jones, Judith Ryan, Michael Ryan, Steve Yagla, Brian Youssi. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit, #8 Affidavit, #9 Affidavit)(Rogers, Jeremy) |
| Filing 32 MOTION to Dismiss for Lack of Jurisdiction Insufficiency of Service of Process and Lack of Standing by DeGrazia & Ofefelein LLC, Jessica E. Oefelein. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Composite Exhibit D)(Rice, Hughes) Modified text on 2/6/2023 (MCB). |
| Filing 31 NOTICE by Mark Boykin re #30 MOTION to Dismiss for Lack of Jurisdiction Notice of Filing (Attachments: #1 Affidavit Mark Boykin in Support of Motion to Dismiss for Lack of Personal Jurisdiction)(Rogers, Jeremy) |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction by Mark Boykin. (Attachments: #1 Affidavit Affidavit of Mark Boykin in Support of Motion to Dismiss for Lack of Personal Jurisdiction)(Rogers, Jeremy) |
| Filing 29 MOTION to Dismiss Plaintiffs' Claim by Patrick Boland, LLP Momkus. (Attachments: #1 Affidavit of Patrick Boland)(Welter, Christopher) |
Filing 28
ENDORSED ORDER: On January 20, 2023, Defendants Jessica Oefelein and DeGrazia & Oefelein, LLC filed a motion to vacate clerk's default. (Doc. #27). Because the Court prefers to resolve cases on the merits, and for good cause shown, the motion is granted. The Clerk is directed to set aside the entries of default against Jessica Oefelein and DeGrazia & Oefelein, LLC (Docs. #24 and #26). These defendants may file their response to the complaint on or before February 3, 2023. Signed by Judge Thomas P. Barber on 1/20/2023. (ANL)
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| Filing 27 MOTION to Set Aside Clerk Default and Incorporated Memorandum of Law in Support by DeGrazia & Ofefelein LLC, Jessica E. Oefelein. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Rice, Hughes) |
| Filing 26 ***SET ASIDE PURSUANT TO 28 ENDORSED ORDER***Clerk's ENTRY OF DEFAULT as to DeGrazia & Ofefelein LLC. (JNB) Modified on 1/23/2023 (LSS). |
| Filing 24 ***SET ASIDE PURSUANT TO 28 ENDORSED ORDER*** Clerk's ENTRY OF DEFAULT as to Jessica E. Oefelein. (JNB) Modified on 1/23/2023 (LSS). |
| Filing 25 MOTION for Clerk's Default against DeGrazia & Ofefelein LLC by Gregory Perry, Mary Lee Perry. (JNB) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 23 MOTION for Clerk's Default against Jessica E. Oefelein by Gregory Perry, Mary Lee Perry. (JNB) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 22
ENDORSED ORDER: The Clerk is directed to strike "Plaintiff's Motion for Default Judgment by the Clerk and for Default Judgment Proceedings by the Clerk" (Doc. #21). Plaintiffs may file separate motions for clerk's default and for default judgment following the procedures of Local Rule 1.10 - these requests for relief should not be included in a combined motion. Signed by Judge Thomas P. Barber on 1/12/2023. (ANL)
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| Filing 21 ***STRICKEN PURSUANT TO 22 ENDORSED ORDER*** MOTION for Clerk's Default against DeGrazia & Ofefelein LLC, Jessica E. Oefelein, MOTION for Default Judgment against DeGrazia & Ofefelein LLC, Jessica E. Oefelein by Gregory Perry, Mary Lee Perry. (AG) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 1/12/2023 (LSS). |
| Filing 20 RETURN of service executed on 12/15/2022 by Gregory Perry, Mary Lee Perry as to Jessica E. Oefelein. (AG) |
| Filing 19 RETURN of service executed on 12/15/2022 by Gregory Perry, Mary Lee Perry as to DeGrazia & Ofefelein LLC. (AG) |
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Filing 18
ENDORSED ORDER: "Defendant Jones' Motion for Enlargement of Time to File a Response to Plaintiffs' Complaint and Incorporated Memorandum of Law" (Doc. #17) is granted. Jones may file her response on or before February 3, 2023. Signed by Judge Thomas P. Barber on 1/11/2023. (ANL)
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| Filing 17 MOTION for Extension of Time to File Response to Plaintiffs' Complaint by Janet Jones. (Rogers, Jeremy) |
| Filing 16 RETURN of service executed on 12/19/2022 by Gregory Perry, Mary Lee Perry as to Janet Jones. (AG) |
| Filing 15 UNSIGNED RETURN of service executed on Degrazia & Oefelein by Mary Lee Perry as to DeGrazia & Ofefelein LLC. Note: This affidavit is not signed by the process server.(JNB) |
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Filing 14
ENDORSED ORDER: Defendants Patrick Boland and Momkus LLP's "Motion for Extension of Time to Respond to Complaint and Supporting Memorandum of Law" (Doc. #12) is granted. Boland and Momkus LLP may file their response to the complaint on or before January 26, 2023. Signed by Judge Thomas P. Barber on 1/6/2023. (ANL)
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Filing 13
ENDORSED ORDER: Plaintiffs' motion for clerk's default and/or default judgment (Doc. #9) is denied as moot. Signed by Judge Thomas P. Barber on 1/6/2023. (ANL)
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| Filing 12 MOTION for Extension of Time to File Response/Reply by Patrick Boland, LLP Momkus. (Welter, Christopher) |
| Filing 11 NOTICE of Appearance by Christopher Loyd Welter on behalf of Patrick Boland, LLP Momkus (Welter, Christopher) |
| Filing 10 RETURN of service executed on 12/14/22 by Mary Lee Perry as to Jessica E. Oefelein. (JNB) |
| Filing 9 MOTION for Clerk's Default against Alpha Property Group LLC, H.A. Phillips & Co, MOTION for Default Judgment against Alpha Property Group LLC, H.A. Phillips & Co by Gregory Perry, Mary Lee Perry. (JNB) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 8 RETURN of service executed on 12/14/22 by Mary Lee Perry as to H.A. Phillips & Co. (JNB) |
| Filing 7 RETURN of service executed on 12/14/22 by Mary Lee Perry as to Alpha Property Group LLC. (JNB) |
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Filing 6
ENDORSED ORDER: "Defendants' Motion for Enlargement of Time to File a Response to Plaintiffs' Complaint and Incorporated Memorandum of Law" (Doc. #5) is granted. Defendants Michael Ryan, Brian Youssi, Steve Yagla, Thomas Herman, John Schroder, Judith Ryan, H.A. Phillips & Co., and Alpha Property Group, LLC may file their response to the complaint on or before February 3, 2023. Signed by Judge Thomas P. Barber on 1/5/2023. (ANL)
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| Filing 5 MOTION for Extension of Time to File Response to Plaintiffs' Complaint by Alpha Property Group LLC, H.A. Phillips & Co, Thomas Herman, Judith Ryan, Michael Ryan, John Schroder, Steve Yagla, Brian Youssi. (Rogers, Jeremy) |
| Filing 4 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). (SRC) |
| Filing 3 NOTICE to Counsel 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). (SRC) |
| Filing 2 SUMMONS issued as to Alpha Property Group LLC, Patrick Boland, Mark Boykin, Robert Colbert, Degrazia & Ofefelein LLC, H.A. Phillips & Co, Thomas Herman, Janet Jones, LLP Momkus, Jessica E. Oefelein, Judith Ryan, Michael Ryan, John Schroder, Steve Yagla, Brian Youssi. (LSS) |
| Filing 1 COMPLAINT against Alpha Property Group LLC, Patrick Boland, Mark Boykin, Robert Colbert, Degrazia & Ofefelein LLC, H.A. Phillips & Co, Thomas Herman, Janet Jones, LLP Momkus, Jessica E. Oefelein, Judith Ryan, Michael Ryan, John Schroder, Steve Yagla, Brian Youssi with Jury Demand Filing fee $402.00, receipt number TPA-67702 filed by Gregory Perry, Mary Lee Perry. (Attachments: #1 Civil Cover Sheet)(LSS) |
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