AH Zephyrhills Subtenant LLC v. Vasquez et al
| AH Zephyrhills Subtenant LLC |
| Schwer James, Gavin Vasquez, John O Vasquez, Jr, Landry Mark, The Bait Bus Inc, Jimmy Schwer, John O. Vasquez, Jr., Mark Landry and Danielle Vasquez |
| Patrick Russell |
| 8:2023cv01388 |
| June 21, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Mac R McCoy |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/16/2023. (MEJ)
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Filing 28
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order Doc. #27, 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 8/16/2023. (MEJ)
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Filing 27
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 7/11/2024 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the August 2024 Trial Term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 2/26/2024. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 8/16/2023. (MEJ)
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| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement by John O. Vasquez, Jr. (ABC) |
| Filing 25 CASE MANAGEMENT REPORT. (Klema, Griffin) |
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Filing 24
ENDORSED ORDER granting in part Unopposed Motion for Extension of Time. (Doc. #23). The Case Management Report is due August 14, 2023. While the Court appreciates that the parties are attempting to settle the case, and encourages them to do so, that should not delay the filing of a case management report. Two weeks should be sufficient time to meet and confer and file a report, despite the calendaring error. Signed by Judge Virginia M. Hernandez Covington on 8/3/2023. (DRG)
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| Filing 23 Unopposed MOTION for Extension of Time to File case management report by AH Zephyrhills Subtenant LLC. (Klema, Griffin) |
| Filing 22 Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 8:23-cv-1388-VMC-UAM. Magistrate Judge Mac R. McCoy no longer assigned to the case. (AG) |
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Filing 21
TEXT ORDER denying without prejudice #19 Plaintiff AH Zephyrhills Subtennant LLC's Motion for Clerk's Default Under Rule 55(a). Upon review of the motion and the returns of service, it appears to the Court that service was proper as to each defendant. However, at least one Defendant has recently filed an answer. (See Doc. #20). It appears, therefore, that some of the Defendants intend to appear and respond to the Complaint, which would render the motion for clerk's default moot as to those Defendants. The Court finds that the interests of judicial economy and efficiency are better served by allowing a reasonable period of time for Defendants to appear and respond to the Complaint. Plaintiff may renew the motion no sooner than 8/2/2023 as to any Defendant who remains in default at that time. Signed by Magistrate Judge Mac R. McCoy on 7/19/2023. (McCoy, Mac)
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| Filing 20 ANSWER to #1 Complaint by John O. Vasquez, Jr.(JNB) |
| Filing 19 MOTION for Clerk's Default against Schwer James, Mark Landry, The Bait Bus Inc, Danielle Vasquez, Gavin Vasquez, John O. Vasquez, Jr by AH Zephyrhills Subtenant LLC. (Klema, Griffin) Motions referred to Magistrate Judge Mac R. McCoy. |
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Filing 18
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by July 31, 2023, 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 7/13/2023. (CKW)
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| Filing 17 RETURN of service executed on 06/26/2023 by AH Zephyrhills Subtenant LLC as to John O. Vasquez, Jr. (Klema, Griffin) |
| Filing 16 RETURN of service executed on 06/26/2023 by AH Zephyrhills Subtenant LLC as to Mark Landry. (Klema, Griffin) |
| Filing 15 RETURN of service executed on 06/24/2023 by AH Zephyrhills Subtenant LLC as to Schwer James. (Klema, Griffin) |
| Filing 14 RETURN of service executed on 06/24/2023 by AH Zephyrhills Subtenant LLC as to The Bait Bus Inc. (Klema, Griffin) |
| Filing 13 RETURN of service executed on 06/24/2023 by AH Zephyrhills Subtenant LLC as to Danielle Vasquez. (Klema, Griffin) |
| Filing 12 RETURN of service executed on 06/24/2023 by AH Zephyrhills Subtenant LLC as to Danielle Vasquez. (Klema, Griffin) (Modified on 7/14/2023, filed in error per counsel) (BGR). |
| Filing 11 RETURN of service executed on 06/24/2023 by AH Zephyrhills Subtenant LLC as to Gavin Vasquez. (Klema, Griffin) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by AH Zephyrhills Subtenant LLC identifying Corporate Parent Renew Ah Tenant LLC for AH Zephyrhills Subtenant LLC. (Klema, Griffin) Modified text on 6/27/2023 (MCB). |
| Filing 9 NOTICE of a related action in state criminal court, Hillsborough County Circuit Court case no. 22-CF-013324 per Local Rule 1.07(c) by AH Zephyrhills Subtenant LLC. Related case(s): Yes (Klema, Griffin) |
| Filing 8 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (MEJ) |
| Filing 7 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 6 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 5
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 6/22/2023. (MEJ)
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| Filing 4 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) |
| Filing 3 SUMMONS issued as to All Defendants. (MCB) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Mac R. McCoy. New case number: 8:23-cv-1388-VMC-MRM. (ARC) |
| Filing 1 COMPLAINT for damages and injunctive relief against Schwer James, Mark Landry, The Bait Bus Inc, Gavin Vasquez, John O. Vasquez, Jr., Danielle Vasquez with Jury Demand (Filing fee $402 receipt number AFLMDC-20963095) filed by AH Zephyrhills Subtenant LLC. (Attachments: #1 Exhibit Check to Gavin Vasquez, #2 Proposed Summons Gavin Vasquez, #3 Proposed Summons Daniellie Vasquez, #4 Proposed Summons John O. Vasquez, Jr., #5 Proposed Summons The Bait Bus Inc, #6 Proposed Summons Mark Landry, #7 Proposed Summons James Schwer, #8 Civil Cover Sheet)(Klema, Griffin) Modified text on 6/22/2023 (MCB). |
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