RESTORATION ASSOCIATION OF FLORIDA INC et al v. BROWN et al
| Restoration Association of Florida, Inc., Apex Roofing & Reconstruction, LLC, John Casperson, RESTORATION ASSOCIATION OF FLORIDA INC and APEX ROOFING & RECONSTRUCTION LLC |
| Daniel Biggins, Julie I. Brown and JULIE I BROWN |
| 4:2021cv00263 |
| June 30, 2021 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.
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Filing 38
ORDER GRANTING #37 EXTENSION. (The deadline to replead is extended to 1/31/2022). Signed by JUDGE ALLEN C WINSOR on 1/24/2022. (kdm)
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| Filing 37 First MOTION for Extension of Time to Amend #26 Amended Complaint by APEX ROOFING & RECONSTRUCTION LLC, RESTORATION ASSOCIATION OF FLORIDA INC. (PECK, ROBERT) |
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Filing 36
ORDER DENYING #5 MOTION FOR PRELIMINARY INJUNCTION AND GRANTING PARTIAL #28 MOTION TO DISMISS. (Plaintiffs may replead - by 1/24/2022., If Plaintiffs do not replead within 14 days, Defendants must answer as to the remaining claims no later than 1/31/2022)., Plaintiffs do replead, Defendants must respond to the new complaint within 14 days of its filing 2/7/2022). Signed by JUDGE ALLEN C WINSOR on 1/10/2022. (kdm)
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| Filing 35 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Motion Hearing held on 11/22/2021 re #27 Consent MOTION for Judicial Notice GRANTED - #5 First MOTION for Preliminary Injunction and #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM taken under advisement - written order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee)) (tss) |
| Filing 34 RESPONSE in Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by APEX ROOFING & RECONSTRUCTION LLC, RESTORATION ASSOCIATION OF FLORIDA INC. (PECK, ROBERT) |
| Filing 33 NOTICE of Telephonic Hearing on Motion #5 First MOTION for Preliminary Injunction Telephonic Motion Hearing re set for 11/22/2021 02:00 PM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# 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: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audio connection is compromised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/Kelli Malu (kdm) |
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Filing 32
ORDER CONTINUING HEARING, granting #31 First MOTION to Continue Hearing. (Telephonic Hearing on Motion reset for 11/22/2021 02:00 PM before JUDGE ALLEN C WINSOR). Signed by JUDGE ALLEN C WINSOR on 10/29/2021. The clerk will reset the hearing for that date at 2:00 p.m. (kdm)
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| Filing 31 First MOTION to Continue Hearing by APEX ROOFING & RECONSTRUCTION LLC, RESTORATION ASSOCIATION OF FLORIDA INC. (PECK, ROBERT) |
| Filing 30 NOTICE of Telephonic Hearing on Motion #5 First MOTION for Preliminary Injunction Telephonic Motion Hearing set for 11/5/2021 AT 11:30 AM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# 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: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
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Filing 29
ORDER SETTING HEARING signed by JUDGE ALLEN C WINSOR on 10/27/21. The clerk will set a telephonic hearing for November 5, 2021 on the #5 motion for preliminary injunction. (tss)
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| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DANIEL BIGGINS, JULIE I BROWN. (AXELMAN, DAVID) |
| Filing 27 Consent MOTION for Judicial Notice re #20 Memorandum in Opposition to Motion for Preliminary Injunction by DANIEL BIGGINS, JULIE I BROWN. (AXELMAN, DAVID) |
| Filing 26 First AMENDED COMPLAINT against DANIEL BIGGINS, JULIE I BROWN, filed by RESTORATION ASSOCIATION OF FLORIDA INC, APEX ROOFING & RECONSTRUCTION LLC. (Attachments: #1 Exhibit Text of Statute) (PECK, ROBERT) |
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Filing 25
SCHEDULING ORDER entered pursuant to #21 Report of Rule 26(f) Planning Meeting signed by JUDGE ALLEN C WINSOR on 9/27/21. Discovery remains due by 2/7/2022. Dispositive Motions to be filed by 2/28/2022. Bench Trial set for 6/29/2022 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. (tss)
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Filing 24
ORDER GRANTING #23 EXTENSION. (Amended Pleadings due by 10/7/2021. If Plaintiffs do not file an amended complaint then Defendants' response deadline is 10/21/2021). Signed by JUDGE ALLEN C WINSOR on 9/27/2021. (kdm)
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| Filing 23 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by DANIEL BIGGINS, JULIE I BROWN. (Attachments: #1 Exhibit) (AXELMAN, DAVID) |
| Filing 22 REPLY to Response to Motion re #5 First MOTION for Preliminary Injunction filed by APEX ROOFING & RECONSTRUCTION LLC, JOHN CASPERSON, RESTORATION ASSOCIATION OF FLORIDA INC. (PECK, ROBERT) |
| Filing 21 REPORT of Rule 26(f) Planning Meeting. (AXELMAN, DAVID) |
| Filing 20 CORRECTED MEMORANDUM IN OPPOSITION TO #5 MOTION FOR PRELIMINARY INJUNCTION filed by DANIEL BIGGINS, JULIE I BROWN. (Attachments: #1 Exhibit, #2 Exhibit) (AXELMAN, DAVID) |
| Filing 19 MEMORANDUM in Opposition re #5 First MOTION for Preliminary Injunction filed by DANIEL BIGGINS, JULIE I BROWN. (Attachments: #1 Exhibit, #2 Exhibit) (AXELMAN, DAVID) |
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Filing 18
ORDER GRANTING EXTENSION - Defendants' unopposed motion for extension (ECF No. #17 ) is GRANTED. The deadline to respond to the preliminary injunction motion is extended to 9/3/2021. Plaintiffs' reply deadline is extended to 9/17/2021. Signed by JUDGE ALLEN C WINSOR on 8/27/2021. (cle)
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| Filing 17 Consent MOTION for Extension of Time to File Response/Reply as to #5 First MOTION for Preliminary Injunction by DANIEL BIGGINS, JULIE I BROWN. (AXELMAN, DAVID) |
| Filing 16 Corporate Disclosure Statement/Certificate of Interested Persons by APEX ROOFING & RECONSTRUCTION LLC, JOHN CASPERSON, RESTORATION ASSOCIATION OF FLORIDA INC. (PECK, ROBERT) |
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Filing 15
INITIAL SCHEDULING ORDER signed by JUDGE ALLEN C WINSOR on 8/16/21. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 8/30/2021. Rule 26 Meeting Report due by 9/14/2021. Discovery due by 2/7/2022. Trial set for 6/29/2022 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. (tss)
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| Filing 14 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Hearing held on 8/6/2021 - 1:00 to 1:10 p.m. - Robert Peck present for the plaintiff and David Axelman present for the defendant - deadlines set for responding to preliminary injunction motion - hearing to be set at a later date - written order to be entered (Court Reporter Lisa Snyder (USDC-Tallahassee)) (tss) |
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Filing 13
ORDER REGARDING SCHEDULE - This order follows today's telephonic hearing. The Defendants' deadline to respond to the preliminary injunction motion is 8/27/2021. Plaintiffs may file a reply no later than 9/10/2021. The court will set a hearing on the motion later. Signed by JUDGE ALLEN C WINSOR on 8/6/2021. (cle)
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| Filing 12 NOTICE of Appearance by DAVID AXELMAN on behalf of All Defendants (AXELMAN, DAVID) |
| Filing 11 NOTICE OF TELEPHONIC HEARING Telephonic Hearing reset for 8/6/2021 at 01:00 PM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# 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: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
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Filing 10
ORDER GRANTING #8 MOTION TO RESCHEDULE HEARING signed by JUDGE ALLEN C WINSOR on 7/28/21. Todays hearing has been canceled, and the clerk will reschedule it. (tss)
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| Filing 9 NOTICE OF CANCELLED HEARING Telephonic Hearing set for 7/28/2021 at 01:00 PM before JUDGE ALLEN C WINSOR is CANCELLED. Hearing to be reset by separate notice. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn StarkCourtroom Deputy Clerk to the Honorable Allen Winsor (tss) |
| Filing 8 Joint MOTION to Continue Telephonic Hearing by JULIE I BROWN. (AXELMAN, DAVID) |
| Filing 7 NOTICE OF TELEPHONIC HEARING Telephonic hearing set for 7/28/2021 at 01:00 PM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# 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: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
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Filing 6
ORDER REGARDING #5 PRELIMINARY INJUNCTION MOTION AND SETTING TELEPHONIC HEARING signed by JUDGE ALLEN C WINSOR on 7/26/21.The clerk will set a telephonic hearing for 7/28/2021 at 01:00 PM before JUDGE ALLEN C WINSOR. The hearings purpose will be to address the procedures for resolving the preliminary injunction motion. The hearing will not be on the motions merits. (tss)
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| Filing 5 First MOTION for Preliminary Injunction by Apex Roofing & Reconstruction, LLC, John Casperson, Restoration Association of Florida, Inc.. (Attachments: #1 Affidavit Lee Jacobson Affidavit, #2 Affidavit Grant Rockett Affidavit, #3 Exhibit Apex Roofing Website) (PECK, ROBERT) |
| Filing 4 Summons Issued as to Julie I. Brown, Daniel Biggins. (Attachments: #1 Summons (Biggins)) (vkm) |
| Filing 3 DOCKET ANNOTATION BY COURT TO ATTORNEY ROBERT PECK: Re #1 Complaint - Counsel is advised by this entry, that a Civil Cover Sheet should be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents". For future case openings: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or Chapter 10 of the "CM/ECF Attorney User's Guide" (both available on the clerk's website). Counsel is further advised that party names (including aliases) are to be added using all caps and no punctuation (See "Style Guide for Electronic Case Filing," available on Clerk's website). The party names will be corrected by the clerk. (vkm) |
| Filing 2 CIVIL COVER SHEET. (vkm) |
| Filing 1 COMPLAINT against Daniel Biggins, Julie I. Brown ( Filing fee $ 402 receipt number AFLNDC-6160748.), filed by Restoration Association of Florida, Inc., John Casperson, Apex Roofing & Reconstruction, LLC. (Attachments: #1 Exhibit Statute, #2 Civil Cover Sheet, #3 Supplement Summons for Julie I. Brown, #4 Summons for Daniel Biggins) (PECK, ROBERT) |
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