Gastaldi et al v. Sunvest Communities USA LLC et al
| Mark Moses, Kimberly Jones, Daniel Fisher and Walter Gastaldi |
| Sunvest Communities USA LLC, E.W. Sunvest Development LLC, Harris Friedman, Sunvest Resort Communities, LC, Harvey Birdman, IMG Academies LLP a Florida limited liability partnership doing business as IMGA and IMG Worldwide, Inc. |
| 0:2008cv62076 |
| December 26, 2008 |
| US District Court for the Southern District of Florida |
| Contract: Other Office |
| Broward |
| Cecilia M Altonaga |
| Chris M McAliley |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 30, 2010. A more recent docket listing may be available from PACER.
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Filing 302
ORDER dismissing case with prejuduce pursuant to the Parties' #301 Joint Stipulation of Dismissal. Signed by Judge Cecilia M. Altonaga on 8/30/2010. (ps1)
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| Filing 301 STIPULATION of Dismissal (Joint) by Walter Gastaldi (Attachments: #1 Text of Proposed Order)(McQuilkin, Gail) |
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Filing 300
Order Administratively Closing Case. Signed by Judge Cecilia M. Altonaga on 6/28/2010. (ps1)
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| Filing 299 NOTICE of Settlement with Sunvest Resort Communities, LC and E.W. Sunvest Development, LLC by Walter Gastaldi (McQuilkin, Gail) |
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Filing 298
ORDER dismissing IMG Worldwide, Inc., pursuant to the parties' #296 Joint Stipulation of Dismissal. Signed by Judge Cecilia M. Altonaga on 6/14/2010. (ps1)
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Filing 297
ORDER dismssing IMG Academies LLP, per the #296 Joint Stipulation of Dismissal. Signed by Judge Cecilia M. Altonaga on 6/14/2010. (ps1)
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| Filing 296 STIPULATION of Dismissal (Joint) by Daniel Fisher, Walter Gastaldi, IMG Academies LLP, Kimberly Jones, Mark Moses (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Plaintiffs' Notice to Court Accompaying Joint Stipulation of Dismissal with Prejudice)(McQuilkin, Gail) |
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Filing 295
ORDER requiring service of the second amended complaint to be perfected on all defendants by 9/7/10. Signed by Judge Cecilia M. Altonaga on 6/10/2010. (ps1)
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Filing 294
ORDER granting #292 Motion for Extension of Time to File Stipulation for Final Order of Dismissal. Signed by Judge Cecilia M. Altonaga on 6/4/2010. (ps1)
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| Filing 293 Clerks Notice to Filer re #292 Unopposed Motion for Extension of Time. Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (ral) |
| Filing 292 Unopposed MOTION For Extension of Time by Walter Gastaldi. (Attachments: #1 Exhibit Order)(McQuilkin, Gail) Modified event on 6/3/2010 (ral). |
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Filing 291
ORDER denying as moot #289 Motion for Extension of Time to Answer ; granting in part #290 Motion for Extension of Time to File Amended Complaint. Amended Complaint due by 6/30/2010. Signed by Judge Cecilia M. Altonaga on 5/24/10. (ch1)
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| Filing 290 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Amended Motion for Leave to File Second Amended Complaint by E.W. Sunvest Development LLC, Sunvest Resort Communities, LC. (Attachments: #1 Text of Proposed Order)(Epstein, Richard) |
| Filing 289 Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 287 Amended Complaint by E.W. Sunvest Development LLC, Sunvest Resort Communities, LC. (Attachments: #1 Text of Proposed Order)(Epstein, Richard) |
| Filing 288 Statement of: Position and Reservation of Rights by IMG Academies LLP (Trask, Gregory) |
| Filing 287 SECOND AMENDED COMPLAINT against E.W. Sunvest Development LLC, IMG Academies LLP, Sunvest Communities USA LLC, Sunvest Resort Communities, LC, Harris Friedman, IMG Worldwide, Inc., filed by Walter Gastaldi. (see image #284 )(tb) |
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Filing 286
ORDER granting #284 Motion for order requiring briefing on motion for leave to file and request to substitute attached second amended complaint. Signed by Judge Cecilia M. Altonaga on 5/6/2010. (tb)
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Filing 285
ORDER Scheduling Mediation before Herbert Stettin, Esq.; Mediation Hearing set for 6/23/2010 10:00 AM. Signed by Judge Cecilia M. Altonaga on 5/6/2010. (ps1)
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| Filing 284 Plaintiff's MOTION for Order Requiring Briefing on Motion for Leave to File Second Amended Complaint and Request to Substitute Attached Second Amended Complaint by Walter Gastaldi. (Attachments: #1 Exhibit A - Second Amended Complaint (Second Trial Group))(McQuilkin, Gail) |
| Filing 283 NOTICE by Walter Gastaldi of Filing Proposed Order Scheduling Mediation (Attachments: #1 Exhibit Proposed Order)(McQuilkin, Gail) |
| Filing 282 NOTICE by Walter Gastaldi of Second Trial Group (McQuilkin, Gail) |
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Filing 281
ORDER Setting Trial Date and Pre-Trial Schedule, Requiring Mediation, and Referring Certain Motions to Magistrate Judge Chris M. McAliley: Jury Trial set for 2 week trial period beginning 1/3/2011 before Judge Cecilia M. Altonaga, Calendar Call set for 12/28/2010 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. All discovery to be completed by 9/10/2010. Proposed order scheduling mediation due by 5/7/2010, mediation must be completed and report filed by 9/17/10. In Limine Motions due by 11/24/2010. All pre-trial motions due by 9/24/2010. Pretrial Stipulation due by 11/24/2010. Signed by Judge Cecilia M. Altonaga on 4/8/2010. (ps1)
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| Filing 280 SCHEDULING REPORT - Rule 16.1 by Walter Gastaldi (McQuilkin, Gail) |
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Filing 279
ORDER requiring the parties to file a stipulation for final order of dismissal with regard to IMGA. Signed by Judge Cecilia M. Altonaga on 4/5/2010. (ps1)
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Filing 278
Order Requiring Plaintiffs and Sunvest to comply with the Court's March 22 Order by 4/9/2010. Signed by Judge Cecilia M. Altonaga on 4/5/2010. (ps1)
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Filing 277
ORDER denying #239 Motion for Default. Signed by Judge Cecilia M. Altonaga on 3/31/2010. (ps1)
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| Filing 276 NOTICE by IMG Academies LLP of Second Trial Group (Trask, Gregory) |
| Filing 275 RESPONSE in Opposition re #239 MOTION FOR DEFAULT AND MEMORANDUM OF LAW IN SUPPORT THEREOF Supplemental Response filed by E.W. Sunvest Development LLC, Sunvest Communities USA LLC, Sunvest Resort Communities, LC. (Epstein, Richard) |
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Filing 274
ORDER denying #264 Motion to Bifurcate Liability and Damages for Trial or, Alternatively, Continuance of Trial. Signed by Judge Cecilia M. Altonaga on 3/22/2010. (ps1)
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| Filing 273 Corrected Transcript and Notice of Correction of Motion Proceedings held on 03/09/2010 before Judge Cecilia M. Altonaga, 1-45 pages, re: #272 Transcript. Court Reporter: Barbara Medina, 305-523-5518 / Barbara_Medina@flsd.uscourts.gov. (bm) |
| Filing 272 TRANSCRIPT of Motion Proceedings held on 03/09/2010 before Judge Cecilia M. Altonaga, 1-45 pages. Court Reporter: Barbara Medina, 305-523-5518 / Barbara_Medina@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased from Barbara Medina before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/7/2010. Redacted Transcript Deadline set for 4/19/2010. Release of Transcript Restriction set for 6/15/2010. (bm) |
| Filing 271 RESPONSE/REPLY to #269 Response in Opposition to Motion, for Continuance of Trial by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 269 RESPONSE in Opposition re #264 Plaintiff's MOTION to BifurcatePlaintiff's MOTION to Continue (Alternatively) Supplemental Response filed by IMG Academies LLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Trask, Gregory) |
| Filing 270 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 3/9/2010 re #264 Plaintiff's MOTION to Bifurcate Plaintiff's MOTION to Continue (Alternatively) filed by Walter Gastaldi. Court Reporter: Barbara Medina, 305-523-5518 / Barbara_Medina@flsd.uscourts.gov (bth). |
| Filing 267 Notice of Supplemental Authority re #264 Plaintiff's MOTION to BifurcatePlaintiff's MOTION to Continue (Alternatively) by Walter Gastaldi (Attachments: #1 Exhibit)(Tropin, Harley) |
| Filing 268 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Status Conference held on 3/8/2010. Court Reporter: Barbara Medina, 305-523-5518 / Barbara_Medina@flsd.uscourts.gov (bth). |
| Filing 266 NOTICE of Filing Affidavit by Walter Gastaldi re #264 Plaintiff's MOTION to BifurcatePlaintiff's MOTION to Continue (Alternatively) (Attachments: #1 Affidavit of Harley Tropin)(Tropin, Harley) Modified on 3/16/2010 (ls). [Text modified by Clerk] |
| Filing 265 RESPONSE in Opposition re #264 Plaintiff's MOTION to BifurcatePlaintiff's MOTION to Continue (Alternatively) filed by IMG Academies LLP. (Trask, Gregory) |
| Filing 264 Plaintiff's MOTION to Bifurcate, Plaintiff's MOTION to Continue (Alternatively) by Walter Gastaldi. Responses due by 3/23/2010 (Attachments: #1 Affidavit (Executed version to follow on 3/8/10))(Moskowitz, Adam) |
| Filing 263 Submission of Revised Proposed Jury Instructions and Verdict Form by IMG Academies LLP. (Attachments: #1 Revised Proposed Jury Instructions, #2 Revised Proposed Verdict Form)(Trask, Gregory) Modified on 3/8/2010 to reflect text(tb). |
| Filing 262 MEMORANDUM OF LAW re #261 Proposed Jury Instructions by Walter Gastaldi. (Moskowitz, Adam) |
| Filing 261 Proposed Jury Instructions and Verdict Form by Walter Gastaldi. (Moskowitz, Adam) Modified on 3/8/2010 to reflect text (tb). |
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Filing 260
ORDER granting #215 MOTION in Limine filed by IMG Academies LLP. Signed by Judge Cecilia M. Altonaga on 3/4/2010. (ps1)
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Filing 259
ORDER Following Discovery Conference denying #251 Plaintiffs' Motion for Leave to Take Trial Preservation Deposition of Trial Group Plaintiff Alan Chan. Signed by Magistrate Judge Chris M. McAliley on 3/3/2010. (rms)
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| Filing 258 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Motion Hearing held on 3/3/2010 re #251 MOTION for Leave to Take Trial Preservation Deposition of Trial Group Plaintiff Alan Chan filed by Walter Gastaldi. (Digital 14:01:52.) (Tape #10H-16.) (cg1) |
| Filing 257 RESPONSE/REPLY to #252 Response in Opposition to Motion for Default by Walter Gastaldi. (McQuilkin, Gail) |
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Filing 256
ORDER Setting Discovery Conference on #251 MOTION for Leave to Take Trial Preservation Deposition of Trial Group Plaintiff Alan Chan.Conference set for 3/3/2010 at 2:00 PM before Magistrate Judge Chris M. McAliley. See Order for details. Signed by Magistrate Judge Chris M. McAliley on 3/1/2010. (rms)
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| Filing 255 RESPONSE in Opposition re #251 MOTION for Leave to Take Trial Preservation Deposition of Trial Group Plaintiff Alan Chan filed by IMG Academies LLP. (Attachments: #1 Exhibit A)(Trask, Gregory) |
| Filing 254 NOTICE of Hearing: Calendar Call and Charge Conference set for 3/9/2010 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. Jury Trial will be held during the 2 week trial period that begins on 3/15/2010. (ps1) |
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Filing 253
ORDER Requiring Response to Discovery Motion re #251 MOTION for Leave to Take Trial Preservation Deposition of Trial Group Plaintiff Alan Chan. Response due by close of business on 2/26/2010. Signed by Magistrate Judge Chris M. McAliley on 2/24/2010. (rms)
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| Filing 252 RESPONSE in Opposition re #239 MOTION FOR DEFAULT AND MEMORANDUM OF LAW IN SUPPORT THEREOF filed by E.W. Sunvest Development LLC, Sunvest Communities USA LLC, Sunvest Resort Communities, LC. (Epstein, Richard) |
| Filing 251 MOTION for Leave to Take Trial Preservation Deposition of Trial Group Plaintiff Alan Chan by Walter Gastaldi. (Attachments: #1 Exhibit A)(McQuilkin, Gail) |
| Filing 250 RESPONSE/REPLY to #249 Memorandum of Law Opposition to Plaintiffs' Supplemental Memorandum Regarding IMGA's Motion in Limine No. 1 by IMG Academies LLP. (Trask, Gregory) |
| Filing 249 Supplemental MEMORANDUM OF LAW regarding the Exclusion of Expert Testimony at Trial by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moskowitz, Adam) Modified on 2/18/2010 (ls). |
| Filing 248 TRANSCRIPT of Pretrial Conference held on 02/09/2010 before Judge Cecilia M. Altonaga, 1-205 pages. Court Reporter: Barbara Medina, 305-523-5518, barbmedina@aol.com. Transcript may be viewed at the court public terminal or purchased from Barbara Medina before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/10/2010. Redacted Transcript Deadline set for 3/22/2010. Release of Transcript Restriction set for 5/18/2010. (bm) |
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Filing 247
ORDER granting in part and denying in part #212 Motion in Limine; granting in part and denying in part #215 Motion in Limine; Plaintiffs have until 2/16/10 to file a supplemental memorandum of law on IMGA's Motion in Limine No. 1; IMGA has until 2/19/10 to file a response to the supplemental memorandum of law. Signed by Judge Cecilia M. Altonaga on 2/10/2010. (ps1)
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| Filing 246 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 2/9/2010 re #215 MOTION in Limine filed by IMG Academies LLP, #212 MOTION in Limine (Omnibus) and Incorporated Memorandum of Law MOTION in Limine (Omnibus) and Incorporated Memorandum of Law filed by Kimberly Jones, Daniel Fisher, Mark Moses, Walter Gastaldi. Court Reporter: Barbara Medina, 305-523-5518 (bth). |
| Filing 245 Statement of: Defendant IMGA's Concise Non-Argumentative Statement of the Case by IMG Academies LLP. (Trask, Gregory) |
| Filing 244 Proposed Voir Dire Questions by IMG Academies LLP. (Trask, Gregory) |
| Filing 243 Proposed Voir Dire Questions by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 242 Statement of: Plaintiff's Concise Non-Argumentative Statement of the Case by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 241 Proposed Jury Instructions by IMG Academies LLP. (Attachments: #1 Jury Instructions, #2 Verdict Form)(Trask, Gregory) |
| Filing 240 Proposed Jury Instructions by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Moskowitz, Adam) |
| Filing 239 MOTION FOR DEFAULT AND MEMORANDUM OF LAW IN SUPPORT THEREOF by Walter Gastaldi, Kimberly Jones, Mark Moses. (Attachments: #1 Exhibit A)(McQuilkin, Gail) |
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Filing 238
ORDER granting in part and denying in part #171 Motion for Summary Judgment. Signed by Judge Cecilia M. Altonaga on 2/3/2010. (ps1)
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Filing 237
ORDER granting #236 Motion to Exceed the Ten Page Limitation for Plaintiffs' Omnibus Reply in Further Support of Their Motions in Limine and Request for Leave to File Supplemental Response. Signed by Judge Cecilia M. Altonaga on 2/2/2010. (ps1)
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| Filing 236 MOTION for Leave to File Excess Pages FOR PLAINTIFFS OMNIBUS REPLY IN FURTHER SUPPORT OF THEIR MOTIONS IN LIMINE AND REQUEST FOR LEAVE TO FILE SUPPLEMENTAL RESPONSE by Walter Gastaldi, Kimberly Jones, Mark Moses. (Moskowitz, Adam) |
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Filing 235
ORDER granting #232 Motion to Exceed 10-Page Limit for Reply Memorandum in Law in Support of Omnibus Motion in Limine. Signed by Judge Cecilia M. Altonaga on 2/2/2010. (ps1)
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| Filing 234 REPLY to Response to Motion re #215 MOTION in Limine filed by IMG Academies LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Trask, Gregory) |
| Filing 233 REPLY to Response to Motion re #215 MOTION in Limine, #212 MOTION in Limine (Omnibus) and Incorporated Memorandum of Law MOTION in Limine (Omnibus) and Incorporated Memorandum of Law - PLAINTIFFS OMNIBUS REPLY IN FURTHER SUPPORT OF THEIR MOTIONS IN LIMINE AND REQUEST FOR LEAVE TO FILE SUPPLEMENTAL RESPONSE filed by Walter Gastaldi, Kimberly Jones, Mark Moses. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Moskowitz, Adam) |
| Filing 232 MOTION to Exceed 10 Page Limit for its Reply Memorandum of Law in Support of its Omnibus Motion in Limine by IMG Academies LLP. (Trask, Gregory) Modified text on 2/2/2010 (tas). |
| Filing 231 TRANSCRIPT of Status Conference Hearing held on 10/16/2009 before Ch. Magistrate Judge Stephen T. Brown, 1-20 pages, Court Reporter: Jerald M. Meyers, 954-431-4757. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/22/2010. Redacted Transcript Deadline set for 3/4/2010. Release of Transcript Restriction set for 5/3/2010. (Attachments: #1 Designation Form)(jua) |
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Filing 230
ORDER granting #228 Motion for Permission to Bring Computer and Electronic Equipment to the Courthouse for the Purpose of Pre-Trial Testing of Technology to Allow Digital Display of Evidence. Signed by Judge Cecilia M. Altonaga on 1/29/2010. (ps1)
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| Filing 229 TRANSCRIPT of Status Conference Hearing held on 10/13/2009 before Ch. Magistrate Judge Stephen T. Brown, 1-15 pages, Court Reporter: Jerald M. Meyers, 954-431-4757. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/22/2010. Redacted Transcript Deadline set for 3/4/2010. Release of Transcript Restriction set for 5/3/2010. (Attachments: #1 Designation Form)(jua) |
| Filing 228 MOTION for Permission to Bring Computer and Electronic Equipment to the Courthouse for the Purpose of Pre-Trial Testing of Technology to Allow Digital Display of Evidence by IMG Academies LLP. (Attachments: #1 Text of Proposed Order)(Trask, Gregory) |
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Filing 227
ORDER granting #225 Motion to Exceed Twenty Page Limitation for Plaintiffs' Responses in Opposition to IMGA's Omnibus Motion in Limine and Incorporated Memorandum of Law. Signed by Judge Cecilia M. Altonaga on 1/26/2010. (ps1)
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| Filing 226 RESPONSE in Opposition re #215 MOTION in Limine (CORRECTED TO INCLUDE EXHIBITS) filed by Walter Gastaldi, Kimberly Jones, Mark Moses. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Moskowitz, Adam) |
| Filing 225 Agreed MOTION for Leave to File Excess Pages FOR PLAINTIFFS RESPONSES IN OPPOSITION TO IMGAS OMNIBUS MOTION IN LIMINE AND INCORPORATED MEMORANDUM OF LAW by Walter Gastaldi, Kimberly Jones, Mark Moses. (Moskowitz, Adam) |
| Filing 224 RESPONSE in Opposition re #215 MOTION in Limine AND INCORPORATED MEMORANDUM OF LAW filed by Walter Gastaldi, Kimberly Jones, Mark Moses. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Moskowitz, Adam) |
| Filing 223 MEMORANDUM of LAW in Opposition to #212 OMNIBUS MOTION in Limine (Omnibus) and Incorporated Memorandum of Law MOTION in Limine (Omnibus) and Incorporated Memorandum of Law filed by IMG Academies LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Trask, Gregory) Modified text on 1/26/2010 (tas). |
| Filing 222 STATUS REPORT regarding Pretrial Stipulation and Jury Instructions by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Moskowitz, Adam) Modified on 1/20/2010 (ls). |
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Filing 221
Order Providing Instructions for Jury Trial. Signed by Judge Cecilia M. Altonaga on 1/15/2010. (ps1)
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| Filing 220 TRANSCRIPT of Oral Argument Re: Summary Judgment held on 01/07/2010 before Judge Cecilia M. Altonaga, 1-105 pages. Court Reporter: Barbara Medina, 305-523-5518, barbmedina@aol.com. Transcript may be viewed at the court public terminal or purchased from Barbara Medina before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.Redaction Request due 2/8/2010. Redacted Transcript Deadline set for 2/16/2010. Release of Transcript Restriction set for 4/16/2010. (bm) |
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Filing 219
ORDER granting #211 Joint MOTION for Hearing /Pretrial Conference and Motions in Limine Briefing Schedule: Pretrial Conference and Hearing on Motions in Limine set for 2/9/2010 09:30 AM in Miami Division before Judge Cecilia M. Altonaga. Signed by Judge Cecilia M. Altonaga on 1/7/2010. (ps1)
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Filing 218
ORDER granting #216 Motion to Exceed 20-Page Limit for Omnibus Motion in Limine. Signed by Judge Cecilia M. Altonaga on 1/7/2010. (ps1)
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| Filing 217 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 1/7/2010 re #171 MOTION for Summary Judgment filed by IMG Academies LLP. Court Reporter: Barbara Medina, Phone: 305-523-5518 (bth). |
| Filing 216 MOTION for Leave to File Excess Pages regarding IMG's Motion in Limine by IMG Academies LLP. (Trask, Gregory) |
| Filing 215 MOTION in Limine by IMG Academies LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17-a, #18 Exhibit 17-b, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22-a, #24 Exhibit 22-b, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31)(Trask, Gregory) |
| Filing 214 Proposed Jury Instructions by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Moskowitz, Adam) |
| Filing 213 PRETRIAL STIPULATION (Rule 16.1.E) by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Moskowitz, Adam) |
| Filing 212 MOTION in Limine (Omnibus) and Incorporated Memorandum of Law by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Moskowitz, Adam) |
| Filing 211 Joint MOTION for Hearing /Pretrial Conference and Motions in Limine Briefing Schedule by IMG Academies LLP. (Attachments: #1 Text of Proposed Order)(Trask, Gregory) |
| Filing 210 REPLY to Response to Motion re #171 MOTION for Summary Judgment filed by IMG Academies LLP. (Attachments: #1 Exhibit A)(Trask, Gregory) |
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Filing 209
ORDER OF RECUSAL. Ch. Magistrate Judge Stephen T. Brown recused. Case reassigned to Magistrate Judge Chris M. McAliley for all further proceedings. Signed by Ch. Magistrate Judge Stephen T. Brown on 12/9/2009. (jc)
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Filing 208
ORDER granting #206 Motion to Strike #203 Memorandum in Opposition. Signed by Judge Cecilia M. Altonaga on 12/17/09. (ch1)
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| Filing 207 RESPONSE in Opposition re #171 MOTION for Summary Judgment (Corrected Memorandum in Opposition to Motion for Summary Judgment) filed by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 206 MOTION to Strike #203 Memorandum in Opposition to Defendant IMG Academies, LLP's Motion for Summary Judgment by Walter Gastaldi. Responses due by 1/4/2010 (McQuilkin, Gail) |
| Filing 205 STATEMENT of Material Facts re #171 MOTION for Summary Judgment and Statement of Material Facts filed by Walter Gastaldi. Replies due by 12/28/2009. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5-7, #3 Exhibit 8-10, #4 Exhibit 11, #5 Exhibit 12 - Part 1, #6 Exhibit 12 - Part 2, #7 Exhibit 13-15, #8 Exhibit 16-18, #9 Exhibit 19-20, #10 Exhibit 21-23, #11 Exhibit 24, #12 Exhibit 25, #13 Exhibit 26 - Part 1, #14 Exhibit 26 - Part 2, #15 Exhibit 26 - Part 3, #16 Exhibit 26 - Part 4-1, #17 Exhibit 26 - Part 4-2, #18 Exhibit 26 - Part 4-3, #19 Exhibit 26 - Part 4-4, #20 Exhibit 26 - Part 5-1, #21 Exhibit 26 - Part 5-2, #22 Exhibit 26 - Part 5-3, #23 Exhibit 26 - Part 5-4, #24 Exhibit 26 - Part 6, #25 Exhibit 26 - Part 7, #26 Exhibit 27-31, #27 Exhibit 32 - Part 1, #28 Exhibit 32 - Part 2, #29 Exhibit 33-34, #30 Exhibit 35-36, #31 Exhibit 37-40, #32 Exhibit 41 - Part 1, #33 Exhibit 41 - Part 2-1, #34 Exhibit 41 - Part 2-2, #35 Exhibit 41 - Part 3, #36 Exhibit 42-44, #37 Exhibit 45-48, #38 Exhibit 49-52, #39 Exhibit 53-56, #40 Exhibit 57 - Part 1, #41 Exhibit 57 - Part 1-2, #42 Exhibit 57 - Part 1-3, #43 Exhibit 57 - Part 2, #44 Exhibit 58-60, #45 Exhibit 61, #46 Exhibit 62-65, #47 Exhibit 66-69, #48 Exhibit 70-72, #49 Exhibit 73 - Part 1, #50 Exhibit 73 - Part 2, #51 Exhibit 74-75, #52 Exhibit 76-82, #53 Exhibit 83-84)(McQuilkin, Gail) Modified text on 12/16/2009 (tas). (Main Document 205 replaced on 12/17/2009) (vjk). |
| Filing 204 NOTICE by Walter Gastaldi re #203 Memorandum in Opposition Notice of Electronic Filing Delay (McQuilkin, Gail) |
| Filing 203 MEMORANDUM in Opposition re #171 MOTION for Summary Judgment by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 202 STIPULATION Regarding the First Trial Testimony of IMGA's Rebuttal Expert Mr. Louis Dudney by Walter Gastaldi. (Moskowitz, Adam) |
| Filing 201 TRANSCRIPT of Telephonic Conference held on 07/28/2009 before Judge Cecilia M. Altonaga, 1-14 pages. Court Reporter: Barbara Medina, 305-523-5518. Transcript may be viewed at the court public terminal or purchased from Barbara Medina before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/31/2009. Redacted Transcript Deadline set for 1/11/2010. Release of Transcript Restriction set for 3/10/2010. (bm) |
| Filing 200 TRANSCRIPT of Motion for Leave to File a Second Amended Complaint held on 11/20/2009 before Judge Cecilia M. Altonaga, 1-14 pages. Court Reporter: Barbara Medina, 305-523-5518. Transcript may be viewed at the court public terminal or purchased from Barbara Medina before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.Redaction Request due 12/31/2009. Redacted Transcript Deadline set for 1/11/2010. Release of Transcript Restriction set for 3/10/2010. (bm) |
| Filing 199 TRANSCRIPT of Motion to Strike Untimely Expert Report held on 12/03/2009 before Judge Cecilia M. Altonaga, 1-41 pages. Court Reporter: Barbara Medina, 305-523-5518. Transcript may be viewed at the court public terminal or purchased from Barbara Medina before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/31/2009. Redacted Transcript Deadline set for 1/11/2010. Release of Transcript Restriction set for 3/10/2010. (bm) |
| Filing 198 Defendants' ANSWER and Affirmative Defenses to Complaint Second Amended Complaint by E.W. Sunvest Development LLC, Sunvest Resort Communities, LC.(Epstein, Richard) |
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Filing 197
ORDER denying #180 Motion to Strike Plaintiffs' Untimely "Revised" Expert Report of Michael O'Rourke. Signed by Judge Cecilia M. Altonaga on 12/3/2009. (ps1)
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| Filing 196 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 12/3/2009 re #180 MOTION to Strike Plaintiffs' Untimely "Revised" Expert Report of Michael O'Rourke filed by IMG Academies LLP. Court Reporter: Barbara Medina, Phone: 305-523-5518 (bth). |
| Filing 195 REPLY to Response to Motion re #180 MOTION to Strike Plaintiffs' Untimely "Revised" Expert Report of Michael O'Rourke filed by IMG Academies LLP. (Trask, Gregory) |
| Filing 194 NOTICE of Hearing on #171 MOTION for Summary Judgment: Motion Hearing set for 1/7/2010 08:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) |
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Filing 193
ORDER granting #190 Motion for Extension of Time to Respond to #171 MOTION for Summary Judgment: Responses due by 12/14/2009; Replies due by 12/31/2009. Signed by Judge Cecilia M. Altonaga on 11/30/2009. (ps1)
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| Filing 192 RESPONSE in Opposition re #180 MOTION to Strike Plaintiffs' Untimely "Revised" Expert Report of Michael O'Rourke filed by Walter Gastaldi. (Attachments: #1 Exhibit Expert rebuttal report of Louis G. Dudney, #2 Exhibit Expert report of)(McQuilkin, Gail) |
| Filing 191 RESPONSE to Motion re #190 Plaintiff's MOTION for Extension of Time to File Response as to #171 MOTION for Summary Judgment filed by IMG Academies LLP. Replies due by 12/7/2009. (Trask, Gregory) |
| Filing 190 Plaintiff's MOTION for Extension of Time to File Response as to #171 MOTION for Summary Judgment by Walter Gastaldi. (Attachments: #1 Text of Proposed Order For Motion for Extension of Time)(McQuilkin, Gail) |
| Filing 189 ANSWER and Affirmative Defenses to Complaint Second Amended Complaint by IMG Academies LLP.(Trask, Gregory) |
| Reset Deadline: Amended Complaint due by 11/30/2009. (dm) |
| Filing 188 Second AMENDED COMPLAINT (First Trial Group), filed by Walter Gastaldi.(McQuilkin, Gail) |
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Filing 187
ORDER granting #163 MOTION for Leave to File SECOND AMENDED COMPLAINT FOR FIRST TRIAL GROUP AND SUPPORTING MEMORANDUM OF LAW filed by Kimberly Jones, Daniel Fisher, Mark Moses, Walter Gastaldi; Plaintiff must file the amended complaint as a separate docket entry by 11/30/09. Motion hearing set on #180 MOTION to Strike Plaintiffs' Untimely "Revised" Expert Report of Michael O'Rourke on 12/3/2009 08:30 AM before Judge Cecilia M. Altonaga. Signed by Judge Cecilia M. Altonaga on 11/20/2009. (ps1)
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| Filing 186 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 11/20/2009 re #163 MOTION for Leave to File SECOND AMENDED COMPLAINT FOR FIRST TRIAL GROUP AND SUPPORTING MEMORANDUM OF LAW filed by Kimberly Jones, Daniel Fisher, Mark Moses, Walter Gastaldi. Court Reporter: Barbara Medina, Phone: 305-523-5518 (bth). |
| Filing 185 NOTICE OF CONVENTIONAL FILING: Attachments not scanned and are available in the supplemental paper file: CD Exhibit 22 by IMG Academies LLP (jua) |
| Filing 184 NOTICE OF CONVENTIONAL FILING: Attachments not scanned and are available in the supplemental paper file: CD Exhibit 21 by IMG Academies LLP (jua) |
| Filing 183 NOTICE OF CONVENTIONAL FILING: Attachments not scanned and are available in the supplemental paper file: DVD Exhibit 1 by IMG Academies LLP (jua) |
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Filing 182
ORDER granting #174 Motion for Hearing; granting #181 Motion for Hearing. The parties are instructed to contact the Courtroom Deputy to schedule a mutually convenient date and time for the hearing. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 181 MOTION for Hearing re #180 MOTION to Strike Plaintiffs' Untimely "Revised" Expert Report of Michael O'Rourke by IMG Academies LLP. (Trask, Gregory) |
| Filing 180 MOTION to Strike Plaintiffs' Untimely "Revised" Expert Report of Michael O'Rourke by IMG Academies LLP. Responses due by 12/7/2009 (Attachments: #1 Exhibit Number 1, #2 Exhibit Number 2, #3 Exhibit Number 3, #4 Exhibit Number 4, #5 Exhibit Number 5, #6 Exhibit Number 6, #7 Exhibit Number 7)(Trask, Gregory) |
| Filing 179 AFFIDAVIT signed by : Sandra L. Musumeci. re #171 MOTION for Summary Judgment, #172 Memorandum in Support by IMG Academies LLP. (Attachments: #1 Exhibit 25 - 25d, #2 Exhibit 25e - 25h, #3 Exhibit 25i - 25l, #4 Exhibit 25m - 25p, #5 Exhibit 25q - 25t, #6 Exhibit 26 - 30, #7 Exhibit 31 - 38, #8 Exhibit 39 - 51, #9 Exhibit 52 - 56, #10 Exhibit 57 - 61, #11 Exhibit 62 - 68, #12 Exhibit 69 - 75, #13 Exhibit 76 - 81, #14 Exhibit 82 - 83, #15 Exhibit 84 - 87, #16 Exhibit 88 - 91, #17 Exhibit 92 - 95, #18 Exhibit 96 - 100, #19 Exhibit 101 - 105, #20 Exhibit 106 - 110, #21 Exhibit 111 - 114, #22 Exhibit 115 - 118, #23 Exhibit 119 - 121, #24 Exhibit 122 - 123, #25 Exhibit 124 - 127)(Trask, Gregory) |
| Filing 178 AFFIDAVIT signed by : Sandra L. Musumeci. re #171 MOTION for Summary Judgment, #172 Memorandum in Support by IMG Academies LLP. (Attachments: #1 Exhibit 22 (Part 1 of 12), #2 Exhibit 22 (Part 2 of 12), #3 Exhibit 22 (Part 3 of 12), #4 Exhibit 22 (Part 4 of 12), #5 Exhibit 22 (Part 5 of 12), #6 Exhibit 22 (Part 6 of 12), #7 Exhibit 22 (Part 7 of 12), #8 Exhibit 22 (Part 8 of 12), #9 Exhibit 22 (Part 9 of 12), #10 Exhibit 22 (Part 10 of 12), #11 Exhibit 22 (Part 11 of 12), #12 Exhibit 22 (Part 12 of 12), #13 Exhibit 23 - 23b, #14 Exhibit 23c - 23e, #15 Exhibit 23f - 23g, #16 Exhibit 23h - 23j, #17 Exhibit 23k - 23l, #18 Exhibit 23m - 23o, #19 Exhibit 23p - 23r, #20 Exhibit 23s - 23u, #21 Exhibit 24)(Trask, Gregory) |
| Filing 177 AFFIDAVIT signed by : Sandra L. Musumeci. re #171 MOTION for Summary Judgment, #172 Memorandum in Support by IMG Academies LLP. (Attachments: #1 Exhibit 9 - 9j, #2 Exhibit 9k - 9u, #3 Exhibit 10 - 20, #4 Exhibit 21 (Part 1 of 13), #5 Exhibit 21 (Part 2 of 13), #6 Exhibit 21 (Part 3 of 13), #7 Exhibit 21 (Part 4 of 13), #8 Exhibit 21 (Part 5 of 13), #9 Exhibit 21 (Part 6 of 13), #10 Exhibit 21 (Part 7 of 13), #11 Exhibit 21 (Part 8 of 13), #12 Exhibit 21 (Part 9 of 13), #13 Exhibit 21 (Part 10 of 13), #14 Exhibit 21 (Part 11 of 13), #15 Exhibit 21 (Part 12 of 13), #16 Exhibit 21 (Part 13 of 13))(Trask, Gregory) |
| Filing 176 AFFIDAVIT signed by : Sandra L. Musumeci. re #171 MOTION for Summary Judgment, #172 Memorandum in Support by IMG Academies LLP. (Attachments: #1 Exhibit 8c - 8d, #2 Exhibit 8e, #3 Exhibit 8f - 8g, #4 Exhibit 8h, #5 Exhibit 8i - 8j, #6 Exhibit 8k - 8l, #7 Exhibit 8m, #8 Exhibit 8n, #9 Exhibit 8o, #10 Exhibit 8p, #11 Exhibit 8q, #12 Exhibit 8r, #13 Exhibit 8s, #14 Exhibit 8t, #15 Exhibit 8u)(Trask, Gregory) |
| Filing 175 AFFIDAVIT signed by : Sandra L. Musumeci. re #172 Memorandum in Support, #171 MOTION for Summary Judgment by IMG Academies LLP. (Attachments: #1 Exhibit 1 - 7, #2 Exhibit 8 - 8b)(Trask, Gregory) |
| Filing 174 MOTION for Hearing re #171 MOTION for Summary Judgment by IMG Academies LLP. (Trask, Gregory) |
| Filing 173 Statement of: Undisputed Material Facts in Support of Defendant IMGA's Motion for Summary Judgment by IMG Academies LLP. (Trask, Gregory) |
| Filing 172 MEMORANDUM in Support re #171 MOTION for Summary Judgment by IMG Academies LLP. (Trask, Gregory) |
| Filing 171 MOTION for Summary Judgment by IMG Academies LLP. Responses due by 12/7/2009 (Trask, Gregory) |
| Filing 170 REPLY to Response to Motion re #163 MOTION for Leave to File SECOND AMENDED COMPLAINT FOR FIRST TRIAL GROUP AND SUPPORTING MEMORANDUM OF LAW filed by Walter Gastaldi. (Moskowitz, Adam) |
| Filing 169 ANSWER and Affirmative Defenses to Complaint Second Amended Complaint by IMG Academies LLP.(Trask, Gregory) |
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Filing 168
ORDER denying #147 Motion to Compel Production. Signed by Ch. Magistrate Judge Stephen T. Brown on 11/13/2009. (cqs)
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| Filing 167 RESPONSE to Motion re #163 MOTION for Leave to File SECOND AMENDED COMPLAINT FOR FIRST TRIAL GROUP AND SUPPORTING MEMORANDUM OF LAW filed by IMG Academies LLP. Replies due by 11/23/2009. (Attachments: #1 Exhibit 1)(Trask, Gregory) |
| Filing 166 REPORT of Mediation Disposition: Impasse(jua) |
| Filing 165 NOTICE of Hearing on #163 MOTION for Leave to File SECOND AMENDED COMPLAINT FOR FIRST TRIAL GROUP AND SUPPORTING MEMORANDUM OF LAW: Motion Hearing set for 11/20/2009 02:00 PM in Miami Division before Judge Cecilia M. Altonaga. (ps1) |
| Filing 164 NOTICE of Hearing on #163 MOTION for Leave to File SECOND AMENDED COMPLAINT FOR FIRST TRIAL GROUP AND SUPPORTING MEMORANDUM OF LAW: Motion Hearing set for 11/16/2009 10:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) |
| Filing 163 MOTION for Leave to File SECOND AMENDED COMPLAINT FOR FIRST TRIAL GROUP AND SUPPORTING MEMORANDUM OF LAW by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Attachments: #1 Exhibit 1 (Second Amended Complaint - First Trial Group))(Tropin, Harley) |
| Set Deadline : Summary Judgment Motion due by 11/17/2009. (dm) |
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Filing 162
ORDER granting #161 Motion for One-Week Extension of Deadline to File Summary Judgment Motions. Signed by Judge Cecilia M. Altonaga on 11/5/2009. (ps1)
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| Filing 161 Agreed MOTION for Extension of Time to File Summary Judgment Motions by IMG Academies LLP. (Attachments: #1 Proposed Order)(Trask, Gregory) |
| Filing 160 REPLY to Response to Motion re #147 MOTION to Compel Production of All Responsive Documents Regarding Plaintiffs' Communications with Banks and Lenders filed by IMG Academies LLP. (Attachments: #1 Exhibit 1)(Trask, Gregory) |
| Filing 159 RESPONSE in Opposition re #147 MOTION to Compel Production of All Responsive Documents Regarding Plaintiffs' Communications with Banks and Lenders filed by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (McQuilkin, Gail) |
| Filing 158 NOTICE by Walter Gastaldi re #148 Plaintiff's MOTION to Compel IMGA's Website Materials and Request for an Evidentiary Hearing MOTION for Hearing of Resolution (Moskowitz, Adam) |
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Filing 157
ORDER granting #134 Motion for Protective Order [see order for full details]. Signed by Ch. Magistrate Judge Stephen T. Brown on 10/29/2009. (dt)
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Filing 156
ORDER denying #152 Motion for Leave to File [see order for full details]. Signed by Ch. Magistrate Judge Stephen T. Brown on 10/29/2009. (dt)
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| Filing 155 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Status Conference held on 10/29/2009 to address witness lists. Court Reporter: Barbara Medina, Phone: 305-523-5518 (bth). |
| Filing 154 REPLY to Response to Motion re #152 MOTION for Leave to File 2-Page Surreply to Plaintiffs' Reply in Support of Motion for Protective Order filed by IMG Academies LLP. (Trask, Gregory) |
| Filing 153 RESPONSE in Opposition re #152 MOTION for Leave to File 2-Page Surreply to Plaintiffs' Reply in Support of Motion for Protective Order filed by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 152 MOTION for Leave to File 2-Page Surreply to Plaintiffs' Reply in Support of Motion for Protective Order by IMG Academies LLP. (Attachments: #1 Exhibit 1: Proposed Surreply)(Trask, Gregory) |
| Filing 151 NOTICE by IMG Academies LLP of Dial-In Arrangements for October 29, 2009 Telephonic Hearing (Trask, Gregory) |
| Filing 150 REPLY in Support of Motion for Protective Order re 144 Sealed Document, 145 Sealed Document by Lisa Alegria, Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Tropin, Harley) Modified text on 10/27/2009 (jc). |
| Filing 149 Clerks Notice to Filer re #148 Plaintiff's MOTION to Compel IMGA's Website Materials and Request for an Evidentiary Hearing MOTION for Hearing. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was re-docketed by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (tas) |
| Filing 148 Plaintiff's MOTION to Compel IMGA's Website Materials and Request for an Evidentiary Hearing by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. Responses due by 11/9/2009 (Attachments: #1 Exhibit 1- Affidavit of John Jorgensen dated October 22, 2009, #2 Exhibit 2- Letter dated April 30, 2009, #3 Exhibit 3- Letter dated May 11, 2009, #4 Exhibit 4- Screenshot of IMGA Website, IMGA00003347, #5 Exhibit 5- Affidavit of John Jorgensen - August 27, 2009, #6 Exhibit 6- E-Mail dated September 18, 2009, #7 Exhibit 7- E-Mail dated September 18, 2009, #8 Exhibit 8- E-Mail dated September 22, 2009, #9 Exhibit 9- E-Mail dated September 23, 2009, #10 Exhibit 10- E-Mail dated September 24, 2009, #11 Exhibit 11- E-Mail dated September 25, 2009, #12 Exhibit 12- E-Mail dated October 2, 2009, #13 Exhibit 13- E-Mail dated October 12, 2009, #14 Exhibit 14- E-Mail dated October 13, 2009, #15 Exhibit 15- E-Mail dated October 13, 2009, #16 Exhibit 16- E-Mail dated October 14, 2009, #17 Exhibit 17- E-Mail dated October 19, 2009, #18 Exhibit 18- E-Mail dated October 20, 2009)(Moskowitz, Adam). Added MOTION for Hearing on 10/26/2009 (tas). |
| Filing 147 MOTION to Compel Production of All Responsive Documents Regarding Plaintiffs' Communications with Banks and Lenders by IMG Academies LLP. Responses due by 11/9/2009 (Attachments: #1 Exhibits 1 through 10, #2 Exhibits 11 through 17)(Trask, Gregory) |
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Filing 146
ORDER Granting Motion to File Under Seal Defendant IMG Academies' Opposition to Plaintiffs' Motion for a Protective Order, re 144 Sealed Document, 145 Sealed Document. Signed by Judge Cecilia M. Altonaga on 10/22/2009. (ps1)
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| Filing 145 Sealed Document (asl) |
| Filing 144 Sealed Document (asl) |
| Filing 143 ENDORSED ORDER denying as moot #104 Motion for Leave to File. Signed by Ch. Magistrate Judge Stephen T. Brown on 10/20/2009. (sly) |
| Filing 142 AMENDED NOTICE of Hearing: Telephone Conference set for 10/29/2009 08:30 AM in Miami Division before Judge Cecilia M. Altonaga. Please see notice for instructions regarding conference call.(ps1) |
| Filing 141 NOTICE of Hearing: Status Conference set for 10/29/2009 08:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) |
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Filing 140
ORDER denying #93 Motion to Compel; denying #107 Motion to Enforce the Court's Order - The parties resolved many of the matters involved in these motions and the only remaining issue(s) presented to the Court at the hearing held October 15, 2009, were - according to defendant, the issue of an alleged settlement privilege; and according to plaintiffs, the issue of production of materials from an out of state law firm. The Court announced essentially two rulings in open Court: (1) the issue regarding the alleged settlement privilege and recent conversations and purported concessions and admissions related thereto was not raised in the motions before the Court; and (2) the motion to require plaintiffs counsel appearing in this case to produce materials from the out of state law firm under the theory that said materials are within the care, custody and/or control of these firms. Signed by Ch. Magistrate Judge Stephen T. Brown on 10/19/2009. (dt)
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| Filing 139 STATUS REPORT on the Witness List Issue Discussed During the October 7, 2009 Status Conference by Daniel Fisher, Walter Gastaldi, Kimberly Jones, Mark Moses. (Moskowitz, Adam) |
| Filing 138 NOTICE by E.W. Sunvest Development LLC, IMG Academies LLP, Sunvest Communities USA LLC of Status Report on Progress Resolving Certain Issues Raised at October 7 Status Conference (Trask, Gregory) |
| Filing 137 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Stephen T. Brown: Motion Hearing held on 10/16/2009 (11:00 A.M. - 11:30 A.M.) re #93 Defendant's MOTION to Compel Discovery filed by IMG Academies LLP, #104 Plaintiff's MOTION for Leave to File Brief Sur-Reply to Defendant IMG's Reply re Motion to Compel filed by Walter Gastaldi, #107 MOTION to Enforce the Court's Order of August 24, 2009 Regarding Production by Plaintiffs' Counsel filed by IMG Academies LLP. ; Results of hearing: James Bryan, Esq. and Adam Moskowitz, Esq. appeared on behalf of the Plaintiffs; Peter Homer, Esq., and Andy Genser, Esq. (via telephone); hearing held; the motion for protective order was granted (Digital 11:05:43.) (Tape #09D-44-1200.) (sl) |
| Filing 136 NOTICE by IMG Academies LLP of Progress and Statement of Issues for October 16, 2009 Hearing (Attachments: #1 Exhibit Exhibits 1 through 4)(Trask, Gregory) |
| Filing 134 Plaintiff's MOTION for Protective Order by Walter Gastaldi. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McQuilkin, Gail) |
| Filing 135 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Stephen T. Brown: Motion Hearing held on 10/13/2009 (11:00 A.M. - 11:30 A.M.) re #93 Defendant's MOTION to Compel Discovery filed by IMG Academies LLP, #104 Plaintiff's MOTION for Leave to File Brief Sur-Reply to Defendant IMG's Reply re Motion to Compel filed by Walter Gastaldi, #107 MOTION to Enforce the Court's Order of August 24, 2009 Regarding Production by Plaintiffs' Counsel filed by IMG Academies LLP. ; Results of Hearing: James Bryan, Esq. and Chris Cantrell, Esq, (via telephone) appeared for the Plaintiffs; Andy Genser, Esq. (via telephone), Sandra Musumeci, Esq. (via telephone) and Peter Homer, Esq appeared on behalf of defendant IMGA; Rebecca Bratter, Esq. appeared on behalf of Sunvest Defendants; the Court heard oral argument; matter continued to Friday, October 16, 2009 on issues remaining unresolved (Digital 11:11:54.) (Tape #09D-43-2620.) (sl) Modified on 10/15/2009 to correct scrivener's error (sl). |
| Filing 133 TRANSCRIPT of Motion Proceedings held on 10/07/2009 before Judge Cecilia M. Altonaga. Court Reporter: Barbara Medina, 305-523-5518. 1-48 pages. Transcript may be viewed at the court public terminal or purchased by contacting Barbara Medina before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/3/2009. Redacted Transcript Deadline set for 11/13/2009. Release of Transcript Restriction set for 1/11/2010. (bm) |
| Filing 132 NOTICE by IMG Academies LLP of Progress to Date and Request for Adjournment of October 13, 2009 Hearing (Trask, Gregory) |
| Filing 131 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 10/7/2009 re #125 Amended MOTION to Preclude Non-disclosed Experts, filed by Walter Gastaldi; #126 Amended MOTION for Leave to File Second Amended Complaint and Memorandum of Law in Support Thereof, filed by Walter Gastaldi; and #113 MOTION to Compel Production of Plaintiffs' Witness List, filed by IMG Academies LLP. Court Reporter: Barbara Medina, Phone: 305-523-5518 (bth). |
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Filing 130
ORDER denying without prejudice #113 Motion to Compel Production of Plaintiffs' Witness List; denying without prejudice #125 Motion to Preclude Non-disclosed Experts; terminating #126 Motion for Leave to File a Second Amended Complaint. Signed by Judge Cecilia M. Altonaga on 10/7/2009. (ps1)
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| Filing 129 REPLY to Response to Motion re #113 MOTION to Compel Production of Plaintiffs' Witness List filed by IMG Academies LLP. (Attachments: #1 Exhibit Exhibit 1)(Trask, Gregory) |
| Filing 128 JOINT Statement of: of Issues for October 7, 2009 Status Conference by IMG Academies LLP. (Trask, Gregory) Modified text on 10/7/2009 (tas). |
| Filing 127 NOTICE of Hearing: Status Conference set for 10/7/2009 01:00 PM in Miami Division before Judge Cecilia M. Altonaga. (ps1) |
| Filing 126 Amended MOTION for Leave to File Second Amended Complaint and Memorandum of Law in Support Thereof by Walter Gastaldi. (Attachments: #1 Exhibit Second Amended Complaint)(McQuilkin, Gail) |
| Filing 125 Amended MOTION to Preclude Non-Disclosed Experts by Walter Gastaldi. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5)(McQuilkin, Gail) |
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Filing 124
ORDER denying #115 Motion for Leave to File Second Amended Complaint; denying #117 Motion to Preclude Non-disclosed Experts; denying #122 Motion for Clarification; the #119 Order is vacated. If the parties wish to go forward with the 10/13/09 status conference, that are to advise the court and file the required joint statement. Signed by Judge Cecilia M. Altonaga on 10/2/2009. (ps1)
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| Filing 123 RESPONSE in Opposition re #113 MOTION to Compel Production of Plaintiffs' Witness List filed by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 122 Joint MOTION for clarification #119 Order on Motion for Miscellaneous Relief, by Sunvest Communities USA LLC, E.W. Sunvest Development LLC, IMG Academies LLP. Responses due by 10/22/2009 (Trask, Gregory) |
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Filing 121
ORDER re #120 Notice (Other) filed by IMG Academies LLP - The request for adjournment is GRANTED, and the hearing for October 2, 2009, is hereby re-scheduled for Tuesday, October 13, 2009, at 11:00 A.M., if needed [see order for full details]. Signed by Ch. Magistrate Judge Stephen T. Brown on 10/1/2009. (dt)
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| Filing 120 NOTICE by IMG Academies LLP of Near Resolution of Motion to Compel and Request for Adjournment of October 2, 2009 Hearing (Trask, Gregory) |
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Filing 119
ORDER granting #116 Motion for Status Conference; a hearing on Plaintiffs' #115 Motion for Leave to File Second Amended Complaint and #117 Motion to Preclude Non-Disclosed Experts is scheduled for 10/13/09 at 9:15 a.m.. Signed by Judge Cecilia M. Altonaga on 10/1/2009. (ps1)
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| Filing 118 AMENDED ORDER Setting Hearing on Motion #104 Plaintiff's MOTION for Leave to File Brief Sur-Reply to Defendant IMG's Reply re Motion to Compel, #93 Defendant's MOTION to Compel Discovery, #107 MOTION to Enforce the Court's Order of August 24, 2009 Regarding Production by Plaintiffs' Counsel : [See order for full details]. Motion Hearing set for 10/2/2009 11:00 AM in Miami Division before Ch. Magistrate Judge Stephen T. Brown.. Signed by Ch. Magistrate Judge Stephen T. Brown on 10/1/2009. (dt) |
| Set/Reset Deadlines as to #117 MOTION to Preclude Non-Disclosed Experts, #115 MOTION for Leave to File Second Amended Complaint and Memorandum of Law in Support Thereof; Motion Hearing set for 10/13/2009 09:15 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) |
| Filing 117 MOTION to Preclude Non-Disclosed Experts by Walter Gastaldi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit Part 1, #6 Exhibit Part 2, #7 Exhibit Part 3, #8 Exhibit)(McQuilkin, Gail) |
| Filing 116 MOTION For Status Conference by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 115 MOTION for Leave to File Second Amended Complaint and Memorandum of Law in Support Thereof by Walter Gastaldi. (Attachments: #1 Exhibit Second Amended Complaint)(McQuilkin, Gail) |
| Filing 114 REPLY to Response to Motion re #107 MOTION to Enforce the Court's Order of August 24, 2009 Regarding Production by Plaintiffs' Counsel filed by IMG Academies LLP. (Attachments: #1 Exhibits 1 through 5, #2 Exhibits 6 through 11)(Trask, Gregory) |
| Filing 113 MOTION to Compel Production of Plaintiffs' Witness List by IMG Academies LLP. Responses due by 10/13/2009 (Attachments: #1 Exhibits 1 through 6)(Trask, Gregory) |
| Filing 112 Sealed Document (jc) |
| Filing 111 Sealed Document (gme) |
| Filing 110 RESPONSE in Opposition re #107 MOTION to Enforce the Court's Order of August 24, 2009 Regarding Production by Plaintiffs' Counsel filed by Walter Gastaldi. (McQuilkin, Gail) |
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Filing 109
ORDER Scheduling Further Mediation before Herbert Stettin, Esq.; Mediation Hearings set for 11/4/2009 through 11/6/09. Signed by Judge Cecilia M. Altonaga on 9/23/2009. (ps1)
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Filing 108
ORDER Setting Hearing on Motion #104 Plaintiff's MOTION for Leave to File Brief Sur-Reply to Defendant IMG's Reply re Motion to Compel, #93 Defendant's MOTION to Compel Discovery : [see order for full details] Motion Hearing set for 10/2/2009 11:00 AM in Miami Division before Ch. Magistrate Judge Stephen T. Brown.. Signed by Ch. Magistrate Judge Stephen T. Brown on 9/22/2009. (dt)
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| Filing 107 MOTION to Enforce the Court's Order of August 24, 2009 Regarding Production by Plaintiffs' Counsel by IMG Academies LLP. (Attachments: #1 Exhibits 1 through 4, #2 Exhibits 5 through 11, #3 Exhibits 12 through 19, #4 Exhibits 20 through 24)(Trask, Gregory) |
| Filing 106 NOTICE by IMG Academies LLP of Filing Proposed Order Scheduling Further Mediation Sessions (Attachments: #1 Text of Proposed Order Proposed Order Scheduling Further Mediation Sessions)(Trask, Gregory) |
| Filing 105 STIPULATION AND AGREEMENT PERTAINING TO EXPERT DISCOVERY by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 104 Plaintiff's MOTION for Leave to File Brief Sur-Reply to Defendant IMG's Reply re Motion to Compel by Walter Gastaldi. (Attachments: #1 Exhibit)(McQuilkin, Gail) |
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Filing 103
ORDER granting in part and denying in part #97 Motion for Reconsideration. See Order for details. Signed by Ch. Magistrate Judge Stephen T. Brown on 9/16/2009. (sly)
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| Filing 102 REPLY to Response to Motion re #93 Defendant's MOTION to Compel Discovery filed by IMG Academies LLP. (Attachments: #1 Exhibit Ex.1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6)(Trask, Gregory) |
| Filing 101 REPLY to Response to Motion re #97 Plaintiff's MOTION for Reconsideration re #96 Order on Motion to Compel,, filed by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. (Moskowitz, Adam) |
| Filing 100 RESPONSE in Opposition re #93 Defendant's MOTION to Compel Discovery filed by Walter Gastaldi. (Attachments: #1 Exhibit A)(McQuilkin, Gail) |
| Filing 99 RESPONSE in Opposition re #97 Plaintiff's MOTION for Reconsideration re #96 Order on Motion to Compel,, filed by IMG Academies LLP. (Trask, Gregory) |
| Filing 98 SUPPLEMENT to #96 Order on Motion to Compel,, #85 Plaintiff's MOTION to Compel Complete Responses to Plaintiffs' Second Requests for Production to Defendant IMG Academies by IMG Academies LLP. (Trask, Gregory) |
| Filing 97 Plaintiff's MOTION for Reconsideration re #96 Order on Motion to Compel,, by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. (Moskowitz, Adam) |
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Filing 96
ORDER denying #85 Motion to Compel with one exception. With regard to document requests 17, 18 and 19, the motion seeks clarification as to which documents, if any, were actually produced in response to these requests (page 9 of the motion). That is not addressed, specifically, in the response. What is addressed is the general rhetoric that defendant has produced thousands of pages... and that Plaintiffs compliance...has been sorely lacking... (page 1 of the response). Neither addresses this issue and - to end the litany of quotes - two wrongs dont make a right. Defendant shall file a supplemental response addressing these materials. Signed by Ch. Magistrate Judge Stephen T. Brown on 9/1/2009. (dt)
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| Filing 95 REPLY to Response to Motion re #93 Defendant's MOTION to Compel Discovery to Defendant IMG Academies filed by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. (Attachments: #1 Exhibit A - Affidavit of John Jorgenson, #2 Exhibit B - IMGA Privilege Log, #3 Exhibit C - Greg Breunich Deposition Excerpt)(Moskowitz, Adam) |
| Filing 94 MEMORANDUM in Support re #93 Defendant's MOTION to Compel Discovery by IMG Academies LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39)(Trask, Gregory) |
| Filing 93 Defendant's MOTION to Compel Discovery by IMG Academies LLP. Responses due by 9/14/2009 (Trask, Gregory) |
| Filing 92 WITHDRAWL by Walter Gastaldi of #88 Plaintiff's MOTION to Compel (McQuilkin, Gail) Modified text on 8/26/2009 (tas). |
| Filing 91 RESPONSE in Opposition re #88 Plaintiff's MOTION to Preclude IMGA's Counsel From Making Speaking Objections and Coaching Witnesses filed by IMG Academies LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2A, #4 Exhibit 3, #5 Exhibit 3A, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 10A, #14 Exhibit 10B)(Trask, Gregory) |
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Filing 90
ORDER granting in part and denying in part #79 Motion to Quash; granting in part and denying in part #84 Motion to Compel. Signed by Ch. Magistrate Judge Stephen T. Brown on 8/21/2009. (tb)
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| Filing 89 REPLY to Response to Motion re #84 Cross MOTION to Compel Discovery filed by IMG Academies LLP. (Trask, Gregory) |
| Filing 88 Plaintiff's MOTION to Preclude IMGA's Counsel From Making Speaking Objections and Coaching Witnesses by Walter Gastaldi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McQuilkin, Gail) |
| Filing 87 RESPONSE/REPLY to #85 Plaintiff's MOTION to Compel Complete Responses to Plaintiffs' Second Requests for Production to Defendant IMG Academies by IMG Academies LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Trask, Gregory) |
| Filing 86 REPLY to Response to Motion re #79 Plaintiff's MOTION to Quash Subpoenas to the Law Firms or in the Alternative Entry of a Protective order, #84 Cross MOTION to Compel Discovery filed by Walter Gastaldi. (McQuilkin, Gail) |
| Filing 85 Plaintiff's MOTION to Compel Complete Responses to Plaintiffs' Second Requests for Production to Defendant IMG Academies by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. Responses due by 8/27/2009 (Attachments: #1 Exhibit A - Letter dated April 30, 2009, #2 Exhibit B - Letter dated May 11, 2009, #3 Exhibit C -E-Mail dated June 6, 2007, #4 Exhibit D - E-Mail dated July 10, 2006, #5 Exhibit E - E-Mail dated April 30, 2007, #6 Exhibit F - E-Mail dated August 31, 2007, #7 Exhibit G - Computer Web Matrix Printouts, #8 Exhibit Gregg Brunich Deposition Excerpt, #9 Exhibit I - Defendants' Redacted Response, #10 Exhibit J - Letter dated July 31, 2009)(Moskowitz, Adam) |
| Filing 84 Cross MOTION to Compel Discovery by IMG Academies LLP. Responses due by 8/20/2009 (Trask, Gregory) |
| Filing 83 RESPONSE in Opposition re #79 Plaintiff's MOTION to Quash Subpoenas to the Law Firms or in the Alternative Entry of a Protective order filed by IMG Academies LLP. (Attachments: #1 Exhibit Exhibits 1 through 7, #2 Exhibit Exhibits 8 through 14)(Trask, Gregory) |
| Filing 82 AGREED ORDER granting #81 Motion to Compel. See Order for details. Signed by Ch. Magistrate Judge Stephen T. Brown on 7/31/2009. (sly) |
| Filing 81 Plaintiff's MOTION to Compel To Allow a Forensic Computer Expert to Inspect the Hard Drive on its Server and Retrieve Responsive Documents from its Computer System by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. Responses due by 8/14/2009 (Attachments: #1 Exhibit A - Portion of Louis Birdman Deposition Transcript)(Moskowitz, Adam) |
| Filing 80 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Discovery Hearing about deposition held on 7/28/2009. Court Reporter: Barbara Medina, Phone: 305-523-5518 (bth). |
| Filing 79 Plaintiff's MOTION to Quash Subpoenas to the Law Firms or in the Alternative Entry of a Protective order by Walter Gastaldi. (Attachments: #1 Exhibit Subpoena to Produce Documents, #2 Supplement Subpoena to Testify at a Deposition or to Produce Documents in Civil Action)(McQuilkin, Gail) |
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Filing 78
DISCOVERY CONFIDENTIALITY ORDER. Signed by Judge Cecilia M. Altonaga on 5/22/2009. (tb)
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| Filing 77 Joint Discovery STATUS REPORT by Sunvest Communities USA LLC, E.W. Sunvest Development LLC, Walter Gastaldi, IMG Academies LLP. (Attachments: #1 Exhibit A - Proposed Discovery Confidentiality Order)(Trask, Gregory) Modified on 5/26/2009 (ls). |
| Filing 76 ANSWER and Affirmative Defenses to Amended Complaint by IMG Academies LLP.(Trask, Gregory) |
| Filing 75 ANSWER and Affirmative Defenses to Amended Complaint by Sunvest Communities USA LLC, E.W. Sunvest Development LLC.(Epstein, Richard) |
| Filing 74 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Scheduling Conference held on 5/14/2009. The Court heard argument from the parties regarding the number of depositions for each side, the time allowed for each deposition, and the production of tax returns by Plaintiffs. Court Reporter: Barbara Medina, Phone: 305-523-5518 (lc1) |
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Filing 73
ORDER re Scheduling Conference Held on 5/14/09. Signed by Judge Cecilia M. Altonaga on 5/14/2009. (tas)
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| Filing 72 SUPPLEMENT to #62 Report Regarding Discovery Conference by IMG Academies LLP. (Trask, Gregory) |
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Filing 71
ORDER granting #69 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Atif Khawaga. Signed by Judge Cecilia M. Altonaga on 5/8/2009. (ps1)
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| Filing 70 NOTICE Resetting Hearing: Scheduling Conference reset for 5/14/2009 10:00 AM in Miami Division before Judge Cecilia M. Altonaga. (ps1) |
| Filing 69 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Atif Khawaja, Filing Fee $75.00, Receipt #1000290. (cw) |
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Filing 68
ORDER granting #65 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Jonathan Putnam. Signed by Judge Cecilia M. Altonaga on 5/5/2009. (ps1)
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Filing 67
ORDER granting #64 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Sandra L. Musumeci. Signed by Judge Cecilia M. Altonaga on 5/5/2009. (ps1)
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Filing 66
ORDER resetting Scheduling Conference for 5/13/2009 10:00 AM before Judge Cecilia M. Altonaga. Signed by Judge Cecilia M. Altonaga on 5/5/2009. (ps1)
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| Filing 65 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Jonathan Putnam, Filing Fee $75.00, Receipt #1000109. (cw) |
| Filing 64 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Sandra L. Musumeci, Filing Fee $75.00, Receipt #1000110. (cw) |
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Filing 63
ORDER setting Scheduling Conference for 5/8/2009 03:30 PM in Miami Division before Judge Cecilia M. Altonaga. Signed by Judge Cecilia M. Altonaga on 5/4/2009. (ps1)
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| Filing 62 REPORT REGARDING Discovery Conference by Sunvest Communities USA LLC, E.W. Sunvest Development LLC, Walter Gastaldi, IMG Academies LLP. (Trask, Gregory) |
| Filing 61 TRANSCRIPT of Scheduling Conference held on 04/27/2009 before Judge Cecilia M. Altonaga. Court Reporter: Barbara Medina. Phone: 305-523-5518. 1-41 pages. Transcript may be viewed at the court public terminal or purchased by contacting Barbara Medina before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/22/2009. Redacted Transcript Deadline set for 6/1/2009. Release of Transcript Restriction set for 7/30/2009. (bm) |
| Filing 60 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Scheduling Conference held on 4/27/2009. The Court approved Plaintiffs' initial trial group, ordered limitations on Defendants' discovery, and required the submission of a detailed joint discovery plan by May 1, 2009. Court Reporter: Barbara Medina, Phone: 305-523-5518 (lc1) |
| Filing 59 NOTICE of Hearing: Scheduling Conference set for 4/27/2009 10:30 AM in Miami Division before Judge Cecilia M. Altonaga. (ch1) |
| Filing 58 NOTICE by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses of Filing First Amended Complaint to Add Parties (McQuilkin, Gail) |
| Filing 57 First AMENDED COMPLAINT, filed by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses.(McQuilkin, Gail) |
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Filing 56
ORDER denying #55 Motion to Strike; the Defendants may contact Chambers if they wish to schedule a scheduling conference. Signed by Judge Cecilia M. Altonaga on 4/16/2009. (ps1)
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| Filing 55 MOTION to Strike #52 Notice (Other) of Initial Trial Group by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. Responses due by 5/4/2009 (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3, #4 Exhibit #4)(Trask, Gregory) |
| Filing 54 CORRECTED ANSWER and Affirmative Defenses to Complaint by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC.(Epstein, Richard) |
| Filing 53 ANSWER and Affirmative Defenses to Complaint by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC.(Epstein, Richard) |
| Filing 52 NOTICE by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses of Initial Trial Group (McQuilkin, Gail) |
| Filing 51 ANSWER and Affirmative Defenses to Complaint by IMG Academies LLP.(Trask, Gregory) |
| Filing 50 TRANSCRIPT of case management conference held on 03/12/09 before Judge Cecilia M. Altonaga. Court Reporter: Judy Shelton, Phone: 305-523-5294. 1-57 pages. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/23/2009. Redacted Transcript Deadline set for 5/4/2009. Release of Transcript Restriction set for 7/1/2009. (jsn) |
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Filing 49
ORDER granting #46 Motion for Limited Appearance of Keith T. Belt, Jr., Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Cecilia M. Altonaga on 3/30/2009. (gm1)
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Filing 48
ORDER granting #47 Motion for Limited Appearance of Chris W. Cantrell, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Cecilia M. Altonaga on 3/30/2009. (gm1)
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| Filing 47 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Chris W. Cantrell, Filing Fee $75.00, Receipt #998086. (cw) |
| Filing 46 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings for Keith T. Belt, Jr., Filing Fee $75.00, Receipt #998087. (cw) |
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Filing 45
ORDER denying #12 Joint MOTION To Dismiss The Complaint and Supporting Memorandum of Law filed by E.W. Sunvest Develoopment LLC, IMG Academies LLP, Sunvest Communities USA LLC. Signed by Judge Cecilia M. Altonaga on 3/25/09. (ch1)
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| Filing 44 REPLY to Response to Motion re #12 Joint MOTION To Dismiss The Complaint and Supporting Memorandum of Law filed by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Attachments: #1 Exhibit 1)(Trask, Gregory) |
| Filing 43 Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 3/12/2009 re #34 MOTION for Hearing re #33 MOTION To Modify Scheduling Order Or, In The Alternative, To Schedule Case Management Conference filed by E.W. Sunvest Develoopment LLC, IMG Academies LLP, Sunvest Communities USA LLC, #33 MOTION To Modify Scheduling Order Or, In The Alternative, To Schedule Case Management Conference filed by E.W. Sunvest Develoopment LLC, IMG Academies LLP, Sunvest Communities USA LLC. The Court heard from the parties as to the best way to proceed with this case. The Court told the parties to confer and attempt to come to an agreement as to how to split the plaintiffs up for trials. Court Reporter: Judy Shelton, Phone: 305-523-5294 (lc1) |
| Filing 42 REPLY to Response to Motion re #33 MOTION To Modify Scheduling Order Or, In The Alternative, To Schedule Case Management Conference filed by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Trask, Gregory) |
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Filing 41
ORDER denying #40 Unopposed Motion for One-Week Enlargement of Time to Reply to Plaintiffs' Opposition to the Motion to Dismiss and for Leave to File a Joint Reply. Signed by Judge Cecilia M. Altonaga on 3/12/2009. (ps1)
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| Filing 40 Unopposed MOTION for Extension of Time to File Reply as to #38 Response in Opposition to Motion,, Unopposed MOTION for Leave to File Joint Reply Memorandum by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Attachments: #1 Text of Proposed Order)(Trask, Gregory) |
| Filing 39 RESPONSE to Motion re #33 MOTION To Modify Scheduling Order Or, In The Alternative, To Schedule Case Management Conference filed by Walter Gastaldi. Replies due by 3/23/2009. (McQuilkin, Gail) |
| Filing 38 RESPONSE in Opposition re #12 Joint MOTION To Dismiss The Complaint and Supporting Memorandum of Law filed by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. (Attachments: #1 Exhibit A) Petitioner Academics, LLP's Application to Stay Arbitration Proceeding, #2 Exhibit B) Orlando Cay Club Resort & Academy - Club Plan)(McQuilkin, Gail) |
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Filing 37
ORDER Scheduling Mediation Herbert Stettin, Esq.; Mediation Hearing set for 9/14/2009 10:00 AM. Signed by Judge Cecilia M. Altonaga on 3/5/2009. (ps1)
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Filing 36
ORDER granting #34 MOTION for Hearing re #33 MOTION To Modify Scheduling Order Or, In The Alternative, To Schedule Case Management Conference filed by E.W. Sunvest Develoopment LLC, IMG Academies LLP, Sunvest Communities USA LLC; and #33 MOTION To Modify Scheduling Order Or, In The Alternative, To Schedule Case Management Conference filed by E.W. Sunvest Develoopment LLC, IMG Academies LLP, Sunvest Communities USA LLC. Case Management Conference set for 3/12/2009 02:30 PM in Miami Division before Judge Cecilia M. Altonaga. Signed by Judge Cecilia M. Altonaga on 3/4/2009. (ps1)
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| Filing 35 NOTICE of Compliance Notice of Filing Proposed Order Scheduling Mediation by Walter Gastaldi re #32 Order,, Set Deadlines/Hearings,, Order Referring Case to Mediation,, Order Referring Case to Magistrate Judge, (Attachments: #1 Text of Proposed Order Proposed Order Scheduling Mediation)(Tropin, Harley) |
| Filing 34 MOTION for Hearing re #33 MOTION To Modify Scheduling Order Or, In The Alternative, To Schedule Case Management Conference by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Trask, Gregory) |
| Filing 33 MOTION To Modify Scheduling Order Or, In The Alternative, To Schedule Case Management Conference by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Attachments: #1 Text of Proposed Order Ex A: Proposed Amended Scheduling Order)(Trask, Gregory) |
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Filing 31
ORDER granting #30 Motion for Extension of Time to Respond to #12 Motion to Dismiss; Responses due by 3/9/2009. Signed by Judge Cecilia M. Altonaga on 2/20/2009. (ps1)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. (McQuilkin, Gail) |
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Filing 32
ORDER Setting Trial and Pre-Trial Schedule, Requiring Mediation and Referring Certain Motions to Magistrate Judge Stephen T. Brown : Amended Pleadings due by 4/24/2009., Discovery due by 10/23/2009., Joinder of Parties due by 4/24/2009., Calendar Call set for 2/9/2010 09:00 AM before Judge Cecilia M. Altonaga., Jury Trial set for 2/16/2010 before Judge Cecilia M. Altonaga., Pretrial Stipulation due by 1/6/2010. Signed by Judge Cecilia M. Altonaga on 2/18/2009. (ail)
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Filing 29
ORDER denying #7 Motion to Remand; Plaintiff is instructed to file a response to Defendant's #12 Motion to Dismiss by 2/27/09. Signed by Judge Cecilia M. Altonaga on 2/17/2009. (ps1)
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| Filing 28 Clerks Notice of Docket Correction and Instruction to Filer re #26 Response/Reply (Other) filed by Walter Gastaldi. Error - Wrong Event Selected; Correction - Redocketed by Clerk as Reply to Response to Motion. Instruction to Filer - In the future, please select the proper event. It is not necessary to refile this document. (ls) |
| Filing 27 REPLY to Response to Motion re #7 MOTION to Remand and Supporting Memorandum of Law filed by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. [See Image at DE #26] (ls) |
| Filing 26 RESPONSE/REPLY to #25 Response in Opposition to Motion (Plaintiffs' Reply Memorandum in Support of Motion for Remand) filed by Walter Gastaldi. (Tropin, Harley) |
| Filing 25 RESPONSE in Opposition re #7 MOTION to Remand and Supporting Memorandum of Law filed by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Attachments: #1 Exhibit 1)(Trask, Gregory) Modified on 2/3/2009 (ls). |
| Filing 24 CERTIFICATE of Interested Party by Alexander Abbe, Steven Alcocer, Christian Alegria, Lisa Alegria, Tabreez S. Ali, Lolita Alvarez, Leonardo Arellano, Chad Armstrong, Rebecca Armstrong, Leslie Aul, Amit Bakshi, Nicole Baron, Daniel Baron II, Diane Bawiec, Eric Bell, Michael Bartlett, Richard Bawiec, Lydia Begley, Martin Begley, Linda Benson, Robert Benson, Darlene Bowman, Jim Bowman, Jonathon Brackin, Rex Brandt, Diane Browning, Kevin Browning, Jamie Broz, Ronnie Brumley, Janet Brumley, Heather Brunkhorst, David Brunkhorst, Israel Bryant-Strother, Phyllis Capers, Raymond L. Capers, Delores Cerelvo, Alan Chan, Wendy Chang, Chen-Chung Chao, Linda Charlesworth, Wade Charlesworth, Anthony Charra, John Chiu, Rose Chiu, Ann Clark, David Clark, Paul Clem, Brian Colburn, Sherry Colburn, Shirley Collins, Christopher Connell, Kristy Connell, Cheryl Conner, Vic Conner, Michael Cooper, Kelli Copland, Floyd Cowans, Troy Criss, Kimberly Criss, Rosanna Delara, Andrew Dennis, Karla Diamond, Marc Diamond, Scott Diehl, Joseph Donald, Brenda Eggleston, Richard Eggleston, Rod Ellerbusch, Rocky Ernest, Eszter Fagyal, Sandor Fagyal, Deborah Farias, Karl Fink, Leslie Fischer, Stephen Fischer, Daniel Fisher, Darunee Flatray, Thomas Foran, Patricia French, Carolina Fuentes, Jorge Fuentes, Andrea Fyock, Harold Fyock, Keith Galante, William Gauch, Peter Gilbert, Chuck Golob, Carlos Gonzales, Martha Gonzales, Heather Goracke, Jason Goracke, Pamela Gorski, Carolyn Gorham-Bey, Deborah Green, Michael Guzman, Elbert Haeffner, James Hamilton, Charlotte Haeffner, Eugene Hardesty, Heath Hardesty, Frederick J. Haveman, Tory Hawes, Amanda Hawes, Michael Heibel, Patrick Henderson, Brent Hettinger, Anna Hettinger, Dennis Hill, Jason Hill, Sylviaette Hill, Travis Hlavka, D. Janene Holladay, Rosalie Hopper, Ian Hutagalung, Rodney Jean-Pierre, Mark Jedrzejas, James Jenkins, Angela Johnson, Douglas Johnson, Irrina Johnson, Kent Johnson, Kimberly Jones, Michael Josh, Sumib Kak, Paul Kaplan, Jovan King, Nancy King, Patricia Kleiber, Ron Konrath, Elaine Kooyman, Emi Kooyman, Mark Kooyman, Ron Kooyman, Kooyman Family Living Trust, Yael Kovo, David Krawczyk, Peter Lam, Donald Lee, Pamela Lee, Daniel Lesse, Melisa Lesse, David Lin, Janet Lin, Stephanie Locicero, David Long, Stephanie Long, Maria Lyons, William Lyons, Barbara MacArthur, Robert MacArthur, James Makishima, Stephanie Makishima, Diane Martini, Patricia Martini, Brian McMahon, Clinton McClurg, Robin McMahon, Michael McFarland, Odilia McFarland, Dennis McGraw, Merilla McGraw, Douglas McKay, Rita McKay, Mary Mejia, Charles Mikusky, Ken Moore, Mark Morgan, Mark Moses, Cheryl Neal, Roger Neal, Daniel Neil, Loretta Neil, Liem Nguyen, Frank Norris, Colm O'Brien, Karen O'Brien, Marcia O'Connor, Michael O'Connor, Jason Okuma, Tisha Okuma, Esiri Onajafe, Janet Onajafe, Zvi Or-Bach, Nicole Owens, Linda Palmer, Rolando Parada, Linda Paris-Bell, Horacio Parra, Patsy Parra, Amy Paterson, Leslie Peabody, Thomas Pearson, Katherine A. Pell, Albert Perelstein, Jacintha Peris, Craig Peterson, Jamie Peterson, Diane Petring, John Petring, Ling Pho, Thomas Pinson, Joy Porter, Marshall Raber, Joshua Roberson, Keith Roberts, Linda Roberts, Jeanne Runge, Richard Runge, Lorrie Ryan, Mary Schroeder, Cindy Sekiguchi, Tomo Sekiguchi, Thomas Selden, Donald Semi, Jason Senn, Geraldine Shaeffer, Robert Shaeffer, Gill Shalev, Danny Sharon, Gurcham Singh, Jeffrey Slayter, Collette Smith, Gregory Smith, Shane Smith, Dragana Stamenkovic, Lewis Starratt, John Stevenson, Lynn Stevenson, Christopher Stewart, Tamara Stewart, Shonna Stock, Scott Taylor, Bradford Thomas, Douglas Terry, Susan Thomas, Anh-Dao Tran, Bernhard Vey, Steven Vorrias, Aaron Walker, Annie Walker, James Walker, Robert Wallace, Serena Wallace, Pamela Wallach, James Watson, David Weitzberg, Tim Wheeler, Tracy Wheeler, Mary Ellen Wilson, Sean Winters, Wendy Wingers, Wendy Winters, Megan Wong, William W. Woolridge, Gary Yost, Roger Young, Yuriy Zadov, Charles Zimmerman, Harvey Birdman, Louis Birdman, Cay Clubs International, Cay Clubs Wholesale, E.W. Sunvest Development, LLC, Frostmann Little & Co., IMG, IMG Academies, LLP, Sunvest Communities USA, LLC, DC720JV, LLC, CC720, LLC, F. Dave Clarke, Jr., Ricky Stokes, David Schwartz, Waterfront Resort Realty, Kozyak Tropin & Throckmorton, P.A., Harley S. Tropin, Gail A. McQuilkin, Stewart Tilghman Fox & Bianchi, P.A., James B. Tilghman, Belt Law Firm, P.C., Keith Belt, Chris Cantrell, Homer Bonner, P.A., Peter W. Homer, Kirkland & Ellis, LLP, Andrew M. Genser, Greenspoon Marder, P.A., Richard W. Epstein, Mark Moses. (McQuilkin, Gail) |
| Filing 23 Corporate Disclosure Statement by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC. (Epstein, Richard) |
| Filing 22 NOTICE of Striking #8 Certificate of Interested Party filed by Kimberly Jones, Daniel Fisher, Mark Moses, Walter Gastaldi by Walter Gastaldi (McQuilkin, Gail) |
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Filing 21
ORDER granting #19 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings ; granting #20 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings. Signed by Judge Cecilia M. Altonaga (CMA)
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| Filing 20 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings by Ryan M. Morettini, Filing Fee $75.00, Receipt #993775. (cw) |
| Filing 19 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings by Andrew M. Genser, Filing Fee $75.00, Receipt #993775. (cw) |
| Filing 18 Clerks Notice of Docket Correction and Instruction to Filer re #8 Certificate of Interested Party filed by Kimberly Jones, Daniel Fisher, Mark Moses, Walter Gastaldi. Error - Interested Parties/Corporate Parents not added to case; Instruction to filer - File a Notice of Striking docket entry and refile the document and add ALL Corporate Parents and Interested Parties listed in accordance with the CM/ECF Attorney Users Manual. (ls) |
| Filing 17 Clerks Notice of Docket Correction and Instruction to Filer re #12 Joint MOTION To Dismiss The Complaint and Supporting Memorandum of Law filed by E.W. Sunvest Develoopment LLC, IMG Academies LLP, Sunvest Communities USA LLC. Error - Wrong Event Selected;. Instruction to Filer - In the future, please select the proper event, i.e. Motion to Dismiss. It is not necessary to refile this document. (ls) |
| Filing 16 Hearing Cancelled: Case Management Conference set for 1/28/2009 08:30 AM in Miami Division before Judge Cecilia M. Altonaga, hearing scheduled in error. (lcs) |
| Filing 15 NOTICE of Hearing: Case Management Conference set for 1/28/2009 08:30 AM in Miami Division before Judge Cecilia M. Altonaga. (lcs) |
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Filing 14
ORDER Terminating Motion to Dismiss #12 and Motion for Hearing #13 . Signed by Judge Cecilia M. Altonaga on 1/21/2009. (lcs)
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| Filing 13 MOTION for Hearing re #12 Joint MOTION To Dismiss The Complaint and Supporting Memorandum of Law by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Trask, Gregory) |
| Filing 12 Joint MOTION To Dismiss The Complaint and Supporting Memorandum of Law by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Attachments: #1 Exhibit #1 - Declaration of Peter Homer)(Trask, Gregory) |
| Filing 11 SCHEDULING REPORT - Rule 16.1. (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order)(McQuilkin, Gail) |
| Filing 10 Corporate Disclosure Statement by IMG Academies LLP. (Trask, Gregory) |
| Filing 9 STATUS REPORT Removal by IMG Academies LLP. (Trask, Gregory) Modified on 1/22/2009 (ls). |
| Filing 8 CERTIFICATE of Interested Party by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. (McQuilkin, Gail) |
| Filing 7 MOTION to Remand and Supporting Memorandum of Law by Kimberly Jones, Walter Gastaldi, Daniel Fisher, Mark Moses. (McQuilkin, Gail) |
| Filing 6 Corporate Disclosure Statement by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC. (Epstein, Richard) |
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Filing 5
ORDER granting in part Defendants' #4 Motion for Extension of Time to Respond to Plaintiffs' Complaint. Responses due by 1/20/2009. Signed by Judge Cecilia M. Altonaga on 1/2/2009. (gm1)
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| Filing 4 Unopposed MOTION for Extension of Time to File Response Defendants' Unopposed Motion for Enlargement of Time to Respond to Plaintiffs' Complaint by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Attachments: #1 Proposed Order)(Epstein, Richard) |
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Filing 3
Order Requiring Joint Scheduling Report and Certificate of Interested Parties -Joint Scheduling Report due by 1/19/2009, Certificate Interested Parties 1/19/2009. Signed by Judge Cecilia M. Altonaga on 12/29/2008. (cqs)
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| Filing 2 Notice of Court Practice re: Removal Cases. Signed by Judge Cecilia M. Altonaga on 12/29/2008. (cqs) |
| Filing 1 NOTICE OF REMOVAL Filing fee $350.00 Receipt#: 545046, filed by Sunvest Communities USA LLC, E.W. Sunvest Develoopment LLC, IMG Academies LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, 3, & 4, #3 Exhibit 5)(jmd) |
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