GALE FORCE ROOFING AND RESTORATION LLC v. BROWN
| GALE FORCE ROOFING AND RESTORATION LLC |
| JULIE I BROWN |
| FLORIDA FOREVER ROOFING & RESTORATION, LLC and SONSHINE ROOFING, INC. |
| 4:2021cv00246 |
| June 21, 2021 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| MARK E WALKER |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Set Deadlines/Hearings Status Report due by 9/20/2021. (rcb) |
| Filing 51 STATUS REPORT Regarding Discovery by GALE FORCE ROOFING AND RESTORATION LLC. (BAILIE, JEREMY) |
Filing 50
ORDER GRANTING EXTENSION - MOTION for Extension of Time to File Answer to Pending Complaints, ECF #49 , is GRANTED. Defendant may respond to all complaints on or before 8/20/2021. Signed by CHIEF JUDGE MARK E WALKER on 8/11/2021. (cle)
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| Filing 49 MOTION for Extension of Time to File Answer to Pending Complaints by JULIE I BROWN. (JAZIL, MOHAMMAD) |
| Filing 48 Corporate Disclosure Statement/Certificate of Interested Persons by GALE FORCE ROOFING AND RESTORATION LLC. (BAILIE, JEREMY) |
| Set Deadlines/Hearings Answer due JULIE I BROWN SECRETARY OF THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FOR BOTH FLORIDA FOREVER ROOFING AND RESTORATION & SONSHINE ROOFING INC by 8/12/2021. (rcb) |
| Filing 47 AFFIDAVIT of Service for Complaint in Intervention served on Brittany Watson on July 22, 2021, filed by SONSHINE ROOFING, INC (JULIE I BROWN SECRETARY OF THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION) (GIBBS, DAVID) Modified to edit title on 7/28/2021 (rcb). |
| Filing 46 AFFIDAVIT of Service for Complaint in Intervention served on Brittany Watson on July 22, 2021, filed by FLORIDA FOREVER ROOFING & RESTORATION, LLC (JULIE I BROWN SECRETARY OF THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION). (GIBBS, DAVID) Modified to edit title on 7/28/2021 (rcb). |
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Filing 45
ORDER #44 GRANTING MOTION TO ALIGN DEADLINES. The #44 motion is GRANTED. Defendant may respond to all complaints on or before 8/13/2021. Signed by CHIEF JUDGE MARK E WALKER on 07/27/2021. (rcb)
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| Filing 44 DEFENDANT'S UNOPPOSED MOTION TO ALIGN DEADLINES TO RESPOND TO ALL PENDING COMPLAINTS (JAZIL, MOHAMMAD) Modified to edit title on 7/27/2021 (rcb). |
| Filing 43 PLAINTIFF'S CORPORATE DISCLOSURE STATEMENT (SONSHINE ROOFING, INC). (GIBBS, DAVID) Modified to edit title on 8/2/2021 (rcb). |
| Filing 42 PLAINTIFF'S CORPORATE DISCLOSURE STATEMENT (FLORIDA FOREVER ROOFING & RESTORATION LLC**. (GIBBS, DAVID) Modified edit title on 8/2/2021 (rcb). |
| Filing 41 Summons Issued as to FLORIDA FOREVER ROOFING & RESTORATION, LLC. (rcb) |
| Filing 40 Summons Issued as to JULIE I BROWN- SONSHINE ROOFING, INC. (rcb) |
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Filing 39
INITIAL SCHEDULING ORDER. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 8/2/2021. Rule 26 Meeting Report due by 9/1/2021. Discovery due by 11/16/2021. Status Report due by 8/18/2021. Signed by CHIEF JUDGE MARK E WALKER on 07/19/2021. (rcb)
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| Filing 38 AMENDED DOCUMENT by SONSHINE ROOFING, INC.. Summons To Be Issued (GIBBS, DAVID) |
| Filing 37 AMENDED DOCUMENT by FLORIDA FOREVER ROOFING & RESTORATION, LLC. Summons To Be Issued (GIBBS, DAVID) |
| Filing 36 DOCKET ANNOTATION BY COURT: Re #8 Notice of Appearance filed by JULIE I BROWN (rcb)** ISO placed in Judge Walker's folder** |
| Filing 35 Intervenor COMPLAINT , filed by SONSHINE ROOFING, INC.. (GIBBS, DAVID) |
| Filing 34 Intervenor COMPLAINT , filed by FLORIDA FOREVER ROOFING & RESTORATION, LLC. (GIBBS, DAVID) |
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Filing 33
ORDER GRANTING #31 & #32 MOTIONS TO INTERVENE. For the reasons set out below, both motions, ECF Nos. #31 & #32 , are GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 07/14/2021. (rcb)
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| Filing 32 MOTION to Intervene as Plaintiff by SONSHINE ROOFING, INC.. (Attachments: #1 Exhibit Complaint in Intervention, #2 Exhibit proposed Order Granting Motion) (GIBBS, DAVID) |
| Filing 31 MOTION to Intervene as Plaintiff by FLORIDA FOREVER ROOFING & RESTORATION, LLC. (Attachments: #1 Exhibit Complaint in Intervention, #2 Exhibit proposed Order Granting Motion) (GIBBS, DAVID) |
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Filing 30
ORDER GRANTING #29 EXTENSION. The motion is GRANTED. Defendant may respond to Plaintiff's First Amended Complaint on or before 8/13/2021). Signed by CHIEF JUDGE MARK E WALKER on 07/14/2021. (rcb)
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| Filing 29 Consent MOTION to Extend Timeto Respond to First Amended Complaint by JULIE I BROWN. (WENGER, EDWARD) |
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Filing 28
PRELIMINARY INJUNCTION. Plaintiff's amended motion for preliminary injunction, ECF No. #20 , is GRANTED. Defendant must take no steps to enforce Florida Statutes 489.147, (2)(a), (3), and 4(b) as they pertain to "prohibited advertisements," until otherwise ordered. Signed by CHIEF JUDGE MARK E WALKER on 7/11/2021. (kjw)
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| Filing 27 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Motion Hearing held on 7/9/2021. Court hears argument regarding Plaintiff's #20 Amended Emergency Motion for Preliminary Injunction. Order to follow (Court Reporter Megan Hague). (vkm) |
| Filing 26 PLAINTIFF'S REPLY TO DEFENDANTS RESPONSE IN OPPOSITION TO AMENDED MOTION FOR PRELIMINARY INJUNCTION. (BAILIE, JEREMY) Modified to edit title on 7/9/2021 (rcb). |
| Filing 25 DEFENDANT'S RESPONSE IN OPPOSITION TO AMENDED MOTION FOR PRELIMINARY INJUNCTION. (JAZIL, MOHAMMAD) Modified to edit title on 7/9/2021 (rcb). |
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Filing 24
ORDER SETTING EXPEDITED BRIEFING SCHEDULE AND PRELIMINARY INJUNCTION HEARING. On July 1, 2021, this Court held a telephonic scheduling conference with the parties. This Order memorializes the schedule set on the record at the hearing. The parties agree that they will rely on declarations in lieu of live witnesses at the preliminary injunction hearing. Defendant shall file a response to Plaintiff's motion, ECF No. #20 , on or before 11:59 P.M. on 7/7/2021. Plaintiff may file a reply to Defendant's response on or before 5:00 P.M. on 7/8/2021. The Clerk is directed to set this case for an in-person hearing on Plaintiff's motion for preliminary injunction, ECF No. #20 , at 8:30 A.M. (ET) on Friday, July 9, 2021. Signed by CHIEF JUDGE MARK E WALKER on 7/1/2021. (kjw) *Preliminary Injunction Hearing set for 7/9/2021 08:30 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER.
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| Filing 23 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 7/1/2021. Parties discuss schedule re: #20 Amended Emergency Motion for Preliminary Injunction. Ruling by Court: Preliminary Injunction Hearing set for 7/9/21 at 8:30 am. Response due by 11:59 pm on 7/7/2021. Reply due by 5:00 pm on 7/8/2021. Order to follow (Court Reporter Judy Martin). (vkm) |
| Filing 22 NOTICE of Appearance by JOSEPH PATRICK KENNY on behalf of GALE FORCE ROOFING AND RESTORATION LLC (KENNY, JOSEPH) |
| Set/Reset Deadlines as to #20 AMENDED EMERGENCYMOTION FOR PRELIMINARY INJUNCTION AND INCORPORATED MEMORANDUM OF LAW (Internal deadline for referral to judge if response not filed earlier: 7/15/2021). (rcb) |
| Filing 21 NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 7/1/2021 03:30 PM before CHIEF JUDGE MARK E WALKER. PARTIES TO CONFER REGARDING A PROPOSED SCHEDULE IN ADVANCE OF HEARING ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
| Filing 20 AMENDED EMERGENCY MOTION FOR PRELIMINARY INJUNCTION AND INCORPORATED MEMORANDUM OF LAW. (Attachments: #1 Affidavit Second Affidavit of Alexander Dewey) (BAILIE, JEREMY) Modified to edit title on 7/1/2021 (rcb). |
| Filing 19 First AMENDED COMPLAINT against JULIE I BROWN, filed by GALE FORCE ROOFING AND RESTORATION LLC. (Attachments: #1 Exhibit Assignment of Claim, #2 Exhibit Flyer) (BAILIE, JEREMY) |
| Filing 18 NOTICE of Appearance by KYLE D BASS on behalf of GALE FORCE ROOFING AND RESTORATION LLC (BASS, KYLE) |
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Filing 17
ORDER DISMISSING #1 COMPLAINT WITHOUT PREJUDICE TO AMEND. Accordingly, Plaintiff's Complaint, ECF No. #1 , is DISMISSED without prejudice to amend. Plaintiffs Motion for Preliminary Injunction, ECF No. #4 , is DENIED as moot. On or before 7/9/2021, Plaintiff must either (1) file a notice with this Court that it would prefer this Court to enter judgment stating this case is dismissed without prejudice for lack of subject matter jurisdiction, or (2) file an amended complaint for declaratory and/or injunctive relief and such other relief as deemed appropriate. Signed by CHIEF JUDGE MARK E WALKER on 06/29/2021. (rcb)
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| Filing 16 NOTICE OF CANCELLED HEARING: Motion Hearing Re: #4 Emergency MOTION for Preliminary Injunction and Request for Oral Argument set for 6/29/2021 06:00 PM before CHIEF JUDGE MARK E WALKER is CANCELLED. (vkm) |
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Filing 15
ORDER CANCELLING PRELIMINARY INJUNCTION HEARING - This Court has reviewed the submissions and requires no further argument. Accordingly, the Clerk is directed to cancel the hearing set for 6:00 P.M. on June 29, 2021. Signed by CHIEF JUDGE MARK E WALKER on 6/28/2021. (vkm)
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| Filing 14 REPLY to Response to Motion re #4 Emergency MOTION for Preliminary Injunction and Request for Oral Argument filed by GALE FORCE ROOFING AND RESTORATION LLC. (BAILIE, JEREMY) |
| Filing 13 DEFENDANT'S MEMORANDUM IN OPPOSITION TO GALE FORCES MOTION FOR A PRELIMINARY INJUNCTION filed by JULIE I BROWN. (Attachments: #1 Exhibit 13-1, #2 Exhibit 13-2, #3 Exhibit 13-3) (JAZIL, MOHAMMAD) Modified to edit title on 6/28/2021 (rcb). |
| Filing 12 NOTICE of Hearing Re: #4 Emergency MOTION for Preliminary Injunction and Request for Oral Argument: Motion Hearing set for 6/29/2021 06:00 PM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. Per Administrative Order, to protect the health and safety of all occupants, all unvaccinated persons who enter any courthouse within the Northern District of Florida are required to practice social distancing measures and to wear face masks or other face coverings that cover the person's nose and mouth while in any public or common area within the facility.Face masks are required for unvaccinated persons in Courtroom 5 West. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
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Filing 11
ORDER SETTING EXPEDITED BRIEFING SCHEDULE AND PRELIMINARY INJUNCTION HEARING. Defendant shall file a response to Plaintiffs emergency motion for preliminary injunction and any declarations in support thereof on or before 11:59 P.M. (ET) on Sunday, 6/27/2021); Plaintiff shall file a reply on or before 5:00 P.M. (ET) on Monday, 6/28/2021; and this Court will hold an in-person preliminary injunction hearing at on Tuesday, 6/29/2021 06:00 PM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER 6:00 P.M. (ET). Signed by CHIEF JUDGE MARK E WALKER on 06/24/2021. (rcb) (Main Document 11 replaced on 6/24/2021) (cle).
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| Filing 10 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 6/24/2021. Parties discuss schedule re: #4 Emergency Motion for Preliminary Injunction. Ruling by Court: Preliminary Injunction Hearing set for 6/29/21 at 6:00 pm. Response due by 11:59 pm on 6/27/2021. Reply due by 5:00 pm on 6/28/2021. Order to follow (Court Reporter Megan Hague). (vkm) |
| Filing 9 NOTICE of Appearance by DAVID AXELMAN on behalf of JULIE I BROWN (AXELMAN, DAVID) |
| Filing 8 NOTICE of Appearance by MOHAMMAD OMAR JAZIL on behalf of JULIE I BROWN (JAZIL, MOHAMMAD) |
| Filing 7 NOTICE OF RESCHEDULED TELEPHONIC HEARING:PLEASE NOTE ONLY THE HEARING TIME HAS CHANGEDTelephonic Scheduling Conference reset for 6/24/2021 09:00 AM before CHIEF JUDGE MARK E WALKER. Defendant Julie Brown's General Counsel or designee must appear on behalf of Defendant. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
| Filing 6 NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 6/24/2021 10:00 AM before CHIEF JUDGE MARK E WALKER. Defendant Julie Brown's General Counsel or designee must appear on behalf of Defendant. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
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Filing 5
ORDER SETTING CONFERENCE SCHEDULE. The Clerk shall set this matter for an expedited telephonic scheduling conference on Thursday, 6/24/2021 10:00 AM, at 10:00 a.m. (ET). Defendant Julie Brown's General Counsel or designee must appear on behalf of Defendants. Plaintiff shall serve Defendant Brown's General Counsel with a copy of this order before the close of business today. Signed by CHIEF JUDGE MARK E WALKER on 06/22/2021. (rcb)
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| Filing 4 Emergency MOTION for Preliminary Injunction and Request for Oral Argument by GALE FORCE ROOFING AND RESTORATION LLC. (Attachments: #1 Affidavit Dewey Affidavit) (BAILIE, JEREMY) |
| Filing 3 Summons Issued as to JULIE I BROWN. (rcb) |
| Filing 2 CIVIL COVER SHEET. (BAILIE, JEREMY) |
| Filing 1 COMPLAINT for Declarative and Injunctive Relief against JULIE I BROWN ( Filing fee $ 402 receipt number BFLNDC-6143954.), filed by GALE FORCE ROOFING AND RESTORATION LLC. (Attachments: #1 Summons - Julie Brown) (BAILIE, JEREMY) |
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