VAN DERMARK et al v. TERMINIX INTERNATIONAL COMPANY LP
| Jeffrey Van Dermark and Lynn Van Dermark |
| TERMINIX INTERNATIONAL COMPANY, L.P. |
| 3:2018cv02188 |
| October 23, 2018 |
| US District Court for the Northern District of Florida |
| ELIZABETH M TIMOTHY |
| ROGER VINSON |
| Contract: Other |
| 27 U.S.C. § 185 |
| None |
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Filing 17
ORDER. The stay previously entered in this case is LIFTED, and the plaintiff's motion to direct the arbitrator to conduct a hearing to determine the amount of attorney fees and costs (doc. #12 ), and Terminix's motion to enjoin arbitration regarding attorney fees and costs (doc. #14 ), are both DENIED as moot. I will retain jurisdiction over this case and, by separate order, will appoint a Special Master to consider the matter and make a Report and Recommendation to me, with his/her fee and costs to be borne by Terminix. The parties are directed to comply with Local Rule 54.1(E), (F), (G). Signed by SENIOR JUDGE ROGER VINSON on 12/21/2018. (sdw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: #12 MOTION TO MODIFY ARBITRATION AWARD AND FOR ORDER DIRECTING AAA TO CONDUCT HEARING, #16 Memorandum in Opposition to Motion. (sdw) |
| Set Deadlines re #14 MOTION to Enjoin Further Arbitration Regarding Attorney Fees. (Internal deadline for referral to judge if response not filed earlier: 12/27/2018.) (sdw) |
| Filing 16 MEMORANDUM in Opposition re #12 MOTION MOTION TO MODIFY ARBITRATION AWARD AND FOR ORDER DIRECTING AAA TO CONDUCT HEARING filed by TERMINIX INTERNATIONAL COMPANY, L.P.. (KIRKLAND, BRIAN) |
| Filing 15 MEMORANDUM in Support re #14 MOTION Y to Enjoin Further Arbitration Regarding Attorney Fees filed by TERMINIX INTERNATIONAL COMPANY, L.P.. (KIRKLAND, BRIAN) |
| Filing 14 MOTION Y to Enjoin Further Arbitration Regarding Attorney Fees by TERMINIX INTERNATIONAL COMPANY, L.P.. (KIRKLAND, BRIAN) |
| Filing 13 MEMORANDUM in Support re #12 MOTION MOTION TO MODIFY ARBITRATION AWARD AND FOR ORDER DIRECTING AAA TO CONDUCT HEARING filed by JEFFREY VAN DERMARK, LYNN VAN DERMARK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (PARTINGTON, BRUCE) |
| Filing 12 MOTION MOTION TO MODIFY ARBITRATION AWARD AND FOR ORDER DIRECTING AAA TO CONDUCT HEARING by JEFFREY VAN DERMARK, LYNN VAN DERMARK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (PARTINGTON, BRUCE) |
| Set Deadlines re #12 MOTION TO MODIFY ARBITRATION AWARD AND FOR ORDER DIRECTING AAA TO CONDUCT HEARING. (Internal deadline for referral to judge if response not filed earlier: 12/13/2018.) (sdw) |
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Filing 11
ORDER. Terminix's motion for partial dismissal (doc. #7 ) is DENIED for the reasons noted in the Van Dermarks' response in opposition. This case will be STAYED until further order of this court, so that the Van Dermarks can file an appropriate motion with the arbitrator requesting that he determine the amount of awardable attorney fees and costs. The parties are directed to jointly advise me when the proceedings before the arbitrator have been concluded. The Van Dermarks' motion to vacate the initial scheduling order (doc. #5 ) is GRANTED, and the initial scheduling order is vacated and set aside. Signed by SENIOR JUDGE ROGER VINSON on 11/15/2018. (sdw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: #7 MOTION to Dismiss , #10 Memorandum in Opposition to Motion. (sdw) |
| Filing 10 MEMORANDUM in Opposition re #7 MOTION to Dismiss filed by JEFFREY VAN DERMARK, LYNN VAN DERMARK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (PARTINGTON, BRUCE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: #8 Memorandum in Support of Motion, #9 Memorandum in Opposition to Motion, #5 MOTION to Vacate #4 Scheduling Order, and to Treat Case as a Motion for Confirmation of Arbitration Award. (sdw) |
| Filing 9 MEMORANDUM in Opposition re #5 MOTION to Vacate #4 Scheduling Order, and to Treat Case as a Motion for Confirmation of Arbitration Award filed by TERMINIX INTERNATIONAL COMPANY, L.P.. (KIRKLAND, BRIAN) |
| Filing 8 MEMORANDUM in Support re #5 MOTION to Vacate #4 Scheduling Order, and to Treat Case as a Motion for Confirmation of Arbitration Award, #7 MOTION to Dismiss filed by TERMINIX INTERNATIONAL COMPANY, L.P.. (Attachments: #1 Exhibit, #2 Exhibit) (KIRKLAND, BRIAN) |
| Filing 7 MOTION to Dismiss by TERMINIX INTERNATIONAL COMPANY, L.P.. (Internal deadline for referral to judge if response not filed earlier: 11/13/2018). (KIRKLAND, BRIAN) |
| Filing 6 ANSWER to Complaint by TERMINIX INTERNATIONAL COMPANY, L.P.. (KIRKLAND, BRIAN) |
| Set Deadlines re #5 MOTION to Vacate #4 Scheduling Order, and to Treat Case as a Motion for Confirmation of Arbitration Award. (Internal deadline for referral to judge if response not filed earlier: 11/9/2018.) (sdw) |
| Filing 5 MOTION to Vacate #4 Scheduling Order, and to Treat Case as a Motion for Confirmation of Arbitration Award by JEFFREY VAN DERMARK, LYNN VAN DERMARK. (PARTINGTON, BRUCE) |
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Filing 4
***VACATED AND SET ASIDE per #11 ORDER*** INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 11/7/2018. Rule 26 Meeting Report due by 12/7/2018. Discovery due by 3/25/2019. Signed by SENIOR JUDGE ROGER VINSON on 10/24/2018. (sdw) Modified on 11/15/2018 (sdw).
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE ROGER VINSON notified that action is needed Re: #1 Notice of Removal. (please see proposed ISO) (sdw) |
| Filing 3 Corporate Disclosure Statement/Certificate of Interested Persons by TERMINIX INTERNATIONAL COMPANY, L.P. identifying Corporate Parent TERMINIX INTERNATIONAL COMPANY, L.P. for TERMINIX INTERNATIONAL COMPANY, L.P... (KIRKLAND, BRIAN) |
| Filing 2 CIVIL COVER SHEET. (KIRKLAND, BRIAN) |
| Filing 1 NOTICE OF REMOVAL by TERMINIX INTERNATIONAL COMPANY, L.P. from Santa Rosa Circuit Civil, case number 2018 CA 000647. ( Filing fee $ 400 receipt number AFLNDC-4317704.), filed by TERMINIX INTERNATIONAL COMPANY, L.P.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (KIRKLAND, BRIAN) |
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