American Products Production Company of Pinellas County, Inc. et al v. Armstrong et al
| American Products Production Company of Pinellas County, Inc., Fenwall, LLC, American Products, Inc., Ceraclad South LLC, Specialty Metals Installation LLC, Charles & Thomas Properties, LLC, Muraco & Mullan Properties, Inc., JCM Properties LLC, API Commercial Installation, Inc. and API Commercial Architectural Products, Inc. |
| Denise Armstrong, Brian Pepicelli, Tucker Arensberg, P.C and The International Painters And Allied Trades Industry Pension Fund |
| 8:2023cv00747 |
| April 5, 2023 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1451 E.R.I.S.A. |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting #12 Motion to Remand to State Court; denying without prejudice as moot #18 Motion to Dismiss for Failure to State a Claim; denying without prejudice as moot #19 Motion to Dismiss for Failure to State a Claim. The Clerk is directed to remand this action to the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, and to close this case. Signed by Judge Kathryn Kimball Mizelle on 5/30/2023. (RLD)
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Filing 33
ENDORSED ORDER granting #32 Motion for Extension of Time to File Case Management Report. Parties must file a Case Management Report in accordance with the Local Rules by June 14, 2023. Signed by Judge Kathryn Kimball Mizelle on 5/15/2023. (RLD)
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Filing 32
Joint MOTION for Extension of Time to File Case Management Report by Brian Pepicelli, The International Painters And Allied Trades Industry Pension Fund, Tucker Arensberg, P.C. (Brown, Frank)
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Filing 31
ENDORSED ORDER granting #30 Motion for Extension of Time to File Response / Reply. Responses due by 6/1/2023. Signed by Judge Kathryn Kimball Mizelle on 5/15/2023. (RLD)
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Filing 30
Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss for Failure to State a Claim by All Plaintiffs. (Goldsmith, John)
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Filing 29
NOTICE of supplemental authority re #28 Response in Opposition to Motion, #19 MOTION to Dismiss for Failure to State a Claim , #18 MOTION to Dismiss for Failure to State a Claim by Brian Pepicelli, The International Painters And Allied Trades Industry Pension Fund, Tucker Arensberg, P.C. (Brown, Frank)
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Filing 28
RESPONSE in Opposition re #12 MOTION to Remand to State Court and Incorporated Memorandum of Law [Joint Response] filed by Brian Pepicelli, The International Painters And Allied Trades Industry Pension Fund, Tucker Arensberg, P.C. (Brown, Frank)
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Filing 27
ENDORSED ORDER granting #26 Motion to file excess pages. Signed by Judge Kathryn Kimball Mizelle on 5/5/2023. (RLD)
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Filing 26
Joint MOTION for Miscellaneous Relief, specifically for Leave to File a Response to the Plaintiffs' Motion to Remand of up to 25 pages by Brian Pepicelli, Tucker Arensberg, P.C. (Brown, Frank)
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Filing 25
ORDER denying #13 Motion to Stay. Signed by Judge Kathryn Kimball Mizelle on 5/5/2023. (RLD)
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Filing 24
SUPPLEMENT re #18 MOTION to Dismiss for Failure to State a Claim of Local Rule 3.01(g) Certification by Brian Pepicelli, Tucker Arensberg, P.C. (Brown, Frank)
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Filing 23
RESPONSE in Opposition re #13 MOTION to Stay re #12 MOTION to Remand to State Court and Incorporated Memorandum of Law (Joint) filed by The International Painters And Allied Trades Industry Pension Fund. (Samuels, Leonard)
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Filing 22
ENDORSED ORDER granting #21 Motion for Extension of Time to File Response. Defendants may file a response to the motion for remand by May 8, 2023. Signed by Judge Kathryn Kimball Mizelle on 4/28/2023. (RLD)
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Filing 21
Joint MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Remand to State Court and Incorporated Memorandum of Law by Brian Pepicelli, The International Painters And Allied Trades Industry Pension Fund, Tucker Arensberg, P.C. (Brown, Frank)
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Filing 20
CERTIFICATE of interested persons and corporate disclosure statement by API Commercial Architectural Products, Inc., API Commercial Installation, Inc., American Products Production Company of Pinellas County, Inc., American Products, Inc., Ceraclad South LLC, Charles & Thomas Properties, LLC, Fenwall, LLC, JCM Properties LLC, Muraco & Mullan Properties, Inc., Specialty Metals Installation LLC. (Goldsmith, John)
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Filing 19
MOTION to Dismiss for Failure to State a Claim by The International Painters And Allied Trades Industry Pension Fund. (Attachments: #1 Exhibit "A" Maryland Action Complaint, #2 Exhibit "B" Maryland Action Answer and Counterclaim)(Samuels, Leonard)
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Filing 18
MOTION to Dismiss for Failure to State a Claim by Brian Pepicelli, Tucker Arensberg, P.C. (Attachments: #1 Exhibit A)(Brown, Frank)
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Filing 17
ENDORSED ORDER granting #16 Defendant's Unopposed Motion to Appear Pro Hac Vice. Attorney Ramya Ravindran may appear pro hac vice on behalf of Defendant The International Painters and Allied Trades Industry Pension Fund. Within twenty-one (21) days of the date of this Order, counsel shall comply with Local Rule 2.01(b)(1)(G), which requires registration with the Middle District CM/ECF system. Signed by Magistrate Judge Sean P. Flynn on 4/26/2023. (ACS)
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Filing 16
Unopposed MOTION for Ramya Ravindran to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20765048 for $150 by The International Painters And Allied Trades Industry Pension Fund. (Samuels, Leonard) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 15
CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order, by The International Painters And Allied Trades Industry Pension Fund. (Samuels, Leonard)
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Filing 14
NOTICE of a related action per Local Rule 1.07(c) by The International Painters And Allied Trades Industry Pension Fund. Related case(s): Yes (Samuels, Leonard)
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Filing 13
MOTION to Stay re #12 MOTION to Remand to State Court and Incorporated Memorandum of Law by All Plaintiffs. (Goldsmith, John)
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Filing 12
MOTION to Remand to State Court and Incorporated Memorandum of Law by All Plaintiffs. (Goldsmith, John) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 11
ENDORSED ORDER granting #8 and #9 Motions for Extension of Time to Answer. By April 26, 2023, Defendants Brian Pepicelli, The International Painters And Allied Trades Industry Pension Fund, and Tucker Arensberg, P.C must answer or otherwise respond to the Complaint. Signed by Judge Kathryn Kimball Mizelle on 4/12/2023. (RLD)
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Filing 10
CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order, by Brian Pepicelli, Tucker Arensberg, P.C. (Brown, Frank)
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Filing 9
MOTION for Extension of Time to File Answer re #1 Notice of Removal /Complaint (1-1) by Brian Pepicelli, Tucker Arensberg, P.C. (Brown, Frank) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 8
Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal by The International Painters And Allied Trades Industry Pension Fund. (Samuels, Leonard) Motions referred to Magistrate Judge Sean P. Flynn.
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Filing 7
AMENDED NOTICE of a related action per Local Rule 1.07(c) by Brian Pepicelli, Tucker Arensberg, P.C. Related case(s): Yes (Brown, Frank)
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Filing 6
NOTICE of a related action per Local Rule 1.07(c) by Brian Pepicelli, Tucker Arensberg, P.C. Related case(s): Yes (Brown, Frank)
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Filing 5
NOTICE of Joinder in Removal by The International Painters And Allied Trades Industry Pension Fund. (Samuels, Leonard) Motions referred to Magistrate Judge Sean P. Flynn. Modified text on 4/10/2023 (LNR).
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Filing 4
NOTICE of Lead Counsel Designation by Frank E. Brown on behalf of Brian Pepicelli, Tucker Arensberg, P.C. Lead Counsel: Frank E. Brown. (Brown, Frank)
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Filing 3
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after removal. Each party must also file a Corporate Disclosure Statement using the standard template on the undersigned's website under the "forms" tab within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 4/5/2023. (RLD)
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Filing 2
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:23-cv-747-KKM-SPF. (ER)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from the Thirteenth Judicial Circuit, Hillsborough County, case number 2023-CA-001685 filed in State Court on February 24, 2023. Filing fee $402, receipt number AFLMDC-20690581 filed by Brian Pepicelli, Tucker Arensberg, P.C. (Attachments: #1 Exhibit A-State Court COMPLAINT, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 State Court Docket Sheet, #6 State Court Other Documents Exhibit E, #7 Civil Cover Sheet)(Brown, Frank)
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