Stuart et al v. Shullman et al
| Felicia Josephina Mallia, Keith Loring Stuart, Lynn Antonucci Stuart, Terry Lynn Edwards, Nationwide Pools of W. Palm Bch., Inc. f/k/a Stuart Pools, Inc., The Kings Highway General Contracting, Inc. n/k/a National Construction Group, Inc., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., NATIONWIDE POOLS OF W, PALM BCH., INC., THE KINGS HIGHWAY GENERAL CONTRACTING, INC., NATIONAL CONSTRUCTION GROUP, INC. and Stuart Pools, Inc. |
| Ronald Honick, The Office of the Florida Attorney General, Sarah Shullman and Mark Briesemeister |
| 0:2020cv61314 |
| July 1, 2020 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Jared M Strauss |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 Transmittal Letter Sent with Order Adopting Report and Recoomendation to: 17th Judicial Circuit, Broward County, FL. State Court Case Number: CACE-17-009354 (drz) (Additional attachment(s) added on 12/21/2020: #1 Order Adopting Report and Recommendations) (drz). |
| Filing 43 Transmittal Letter Sent with Order Adopting Report and Recoomendation to: 17th Judicial Circuit, Broward County, FL. State Court Case Number: CACE-17-009354 (drz) |
Filing 42
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Adopting #41 Report and Recommendations ; denying as moot #5 Motion to Dismiss; denying as moot #5 Motion to Strike ; granting #10 Motion to Remand Closing Case. Motions terminated: #41 REPORT AND RECOMMENDATIONS re #10 MOTION to Remand filed by Keith Loring Stuart, Lynn Antonucci Stuart, Felicia Josephina Mallia, Nationwide Pools of Dade, Inc., NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools, Inc., THE K, #10 MOTION to Remand filed by Keith Loring Stuart, Lynn Antonucci Stuart, Felicia Josephina Mallia, Nationwide Pools of Dade, Inc., NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools, Inc., THE KINGS HIGHWAY GENERAL CONTRACTING, INC., Terry Lynn Edwards, #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law filed by Ronald Honick, The Office of the Florida Attorney General, Sarah Shullman, Mark Briesemeister. Signed by Judge Darrin P. Gayles on 12/21/2020. See attached document for full details. (drz)
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| Filing 41 REPORT AND RECOMMENDATION, recommending that this case be REMANDED to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida and that #10 MOTION to Remand, #5 Defendant's MOTION to Strike and Dismiss, and any other pending motions be DENIED AS MOOT. Objections to R&R due by 12/2/2020. Signed by Magistrate Judge Jared M. Strauss on 11/18/2020. See attached document for full details. (emd) |
| Filing 40 Notice of Supplemental Authority re 37 Motion Hearing,, #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General (Attachments: #1 Exhibit A) (Napoleone, Michael) |
| Filing 39 Clerks Notice to Filer re #38 Notice (Other),. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (drz) |
| Filing 38 NOTICE by Terry Lynn Edwards, Felicia Josephina Mallia, NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., Keith Loring Stuart, Lynn Antonucci Stuart, THE KINGS HIGHWAY GENERAL CONTRACTING, INC. re DE#10 Motion to Remand- (Gonzalez, Carlos) Modified on 11/17/2020 (drz). |
| Filing 37 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jared M. Strauss: Motion Hearing held on 11/16/2020 re #10 MOTION to Remand filed by Keith Loring Stuart, Lynn Antonucci Stuart, Felicia Josephina Mallia, Nationwide Pools of Dade, Inc., NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools, Inc., THE KINGS HIGHWAY GENERAL CONTRACTING, INC., Terry Lynn Edwards. Attorney Appearance(s): Michael Joseph Napoleone, Robyn Lynn Sztyndor, Harvey Joel Sepler, Carlos Fernando Gonzalez, (Digital JMS_01_11-16-2020) (at) |
| Filing 36 Certificate of Other Affiliates/Corporate Disclosure Statement by Terry Lynn Edwards, Felicia Josephina Mallia, NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., Keith Loring Stuart, Lynn Antonucci Stuart, THE KINGS HIGHWAY GENERAL CONTRACTING, INC. (Gonzalez, Carlos) |
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Filing 35
ORDER TO SHOW CAUSE. Plaintiffs' Certificate of Interested Parties and Corporate Disclosure Statement, or Show Cause Response due by 11/13/2020. Signed by Magistrate Judge Jared M. Strauss on 11/12/2020. See attached document for full details. (emd)
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| Filing 34 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General (Napoleone, Michael) |
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Filing 33
PAPERLESS ORDER granting #9 Motion to Stay Discovery. Unless this case is remanded or dismissed in its entirety, the parties shall file their Joint Scheduling Report and Proposed Scheduling Order within 7 days of the entry of an order on #5 Defendants' Motion to Strike and Motion to Dismiss. All discovery shall be stayed until the parties file their Joint Scheduling Report and the Court enters a Scheduling Order. The parties shall file their Certificates of Interested Parties and Corporate Disclosure Statements by 11/10/2020. Signed by Magistrate Judge Jared M. Strauss on 11/6/2020. (emd)
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| Filing 32 NOTICE OF UNAVAILABILITY by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General for dates of November 20, 2020 through November 30, 2020 (Napoleone, Michael) |
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Filing 31
ORDER Setting Hearing on Motion #10 MOTION to Remand: Telephonic Motion Hearing set for 11/16/2020 at 10:00 AM before Magistrate Judge Jared M. Strauss. Signed by Magistrate Judge Jared M. Strauss on 11/3/2020. See attached document for full details. (emd)
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Filing 30
PAPERLESS ORDER granting in part and denying in part #16 Motion for Extension of Time. The response filed on August 28, 2020 (DE #20 ) is deemed timely. Signed by Magistrate Judge Jared M. Strauss on 11/2/2020. (emd)
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Filing 29
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for a ruling on all pre-trial, non-dispositive matters and a report and recommendation on all dispositive matters. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 28 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Carlos Fernando Gonzalez re #27 Notice of Change of Address. Attorney Carlos Fernando Gonzalez has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 27 NOTICE of Change of Address by Carlos Fernando Gonzalez. Attorney Carlos Fernando Gonzalez added to party Ronald Meyers(pty:ip). (Gonzalez, Carlos) |
| Filing 26 Notice of Supplemental Authority re #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General (Attachments: #1 Exhibit A) (Napoleone, Michael) |
| Filing 25 Defendant's REPLY to #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law in Support of DE 5 by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General. (Napoleone, Michael) |
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Filing 24
PAPERLESS AMENDED ORDER regarding the Court's 23 Paperless Order on #21 Defendants' Unopposed Motion for an Enlargement of Time to Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss and Request to Extend Page Limitations of Reply. Defendants' shall file their Reply to #20 Plaintiffs' Response in Opposition to Defendants' Motion to Strike and Motion to Dismiss the Second Amended Complaint on or before September 18, 2020. Signed by Judge Darrin P. Gayles (jsi)
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| Set/Reset Deadlines/Hearings as to #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law. Replies due by 9/18/2020. (jsi) |
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Filing 23
PAPERLESS ORDER granting #21 Defendants' Unopposed Motion for an Enlargement of Time to Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss and Request to Extend Page Limitations of Reply. Defendants' shall file their Reply to #20 Plaintiffs' Response in Opposition to Defendants' Motion to Strike and Motion to Dismiss the Second Amended Complaint on or before September 16, 2020. Defendants shall be allowed an additional five (5) pages for their Reply. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 22 NOTICE of Attorney Appearance by Scott M. Behren on behalf of Ronald Meyers. Attorney Scott M. Behren added to party Ronald Meyers(pty:ip). (Behren, Scott) |
| Filing 21 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 Response in Opposition to Motion,, to Dismiss, and, Unopposed MOTION for Leave to File Excess Pages by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General. (Attachments: #1 Exhibit Proposed Order)(Napoleone, Michael) |
| Filing 20 RESPONSE in Opposition re #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law filed by Terry Lynn Edwards, Felicia Josephina Mallia, NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., Keith Loring Stuart, Lynn Antonucci Stuart, THE KINGS HIGHWAY GENERAL CONTRACTING, INC.. Replies due by 9/4/2020. (Gonzalez, Carlos) |
| Filing 19 RESPONSE in Support re #10 MOTION to Remand filed by Terry Lynn Edwards, Felicia Josephina Mallia, NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., Keith Loring Stuart, Lynn Antonucci Stuart, THE KINGS HIGHWAY GENERAL CONTRACTING, INC.. (Gonzalez, Carlos) |
| Filing 18 Clerks Notice to Filer re #16 MOTION for Extension of Time to respond to Defendants' Motion to Strike and Dismiss the 2nd Amended Complaint re #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 17 RESPONSE in Opposition re #10 MOTION to Remand and Incorporated Memorandum of Law filed by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General. Replies due by 8/26/2020. (Napoleone, Michael) |
| Filing 16 Partially Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Terry Lynn Edwards, Felicia Josephina Mallia, NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., Keith Loring Stuart, Lynn Antonucci Stuart, THE KINGS HIGHWAY GENERAL CONTRACTING, INC.. Responses due by 9/1/2020 (Gonzalez, Carlos) Modified Relief on 8/21/2020 (ls). |
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Filing 15
PAPERLESS ORDER granting #14 Defendants' Unopposed Motion for an Enlargement of Time to Respond to Plaintiffs' Motion to Remand. Defendants' shall file their Response to #10 Plaintiffs' Motion to Remand on or before August 19, 2020. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Remand and Incorporated Memorandum of Law by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General. (Attachments: #1 Exhibit proposed order)(Napoleone, Michael) |
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Filing 13
PAPERLESS ORDER granting #11 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' Motion to Strike and Dismiss the Second Amended Complaint. Plaintiffs shall file their Response to #5 Defendants' Motion to Strike and Motion to Dismiss the Second Amended Complaint on or before August 19, 2020. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 12 Clerks Notice to Filer re #11 MOTION for Extension of Time to Respond to Defendants' Motion to Strike and Dismiss the 2nd Amended Complaint re #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 11 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Terry Lynn Edwards, Felicia Josephina Mallia, NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., Keith Loring Stuart, Lynn Antonucci Stuart, THE KINGS HIGHWAY GENERAL CONTRACTING, INC.. Responses due by 8/14/2020 (Gonzalez, Carlos) Modified Relief on 7/31/2020 (ls). |
| Filing 10 MOTION to Remand by Terry Lynn Edwards, Felicia Josephina Mallia, NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., Keith Loring Stuart, Lynn Antonucci Stuart, THE KINGS HIGHWAY GENERAL CONTRACTING, INC.. (Gonzalez, Carlos) |
| Filing 9 Defendant's MOTION to Stay re #6 Order Requiring Joint Scheduling Report,,, Discovery and be Excused from Requirements of Docket Entry #6 with Consent by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General. Responses due by 8/6/2020 (Napoleone, Michael) |
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Filing 8
PAPERLESS ORDER granting #7 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' #5 Motion to Strike and Dismiss the Second Amended Complaint. Plaintiffs shall file their response on or before August 5, 2020. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 7 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Terry Lynn Edwards, Felicia Josephina Mallia, NATIONWIDE POOLS OF W, PALM BCH., INC., Nationwide Pools of Dade, Inc., Nationwide Pools, Inc., Keith Loring Stuart, Lynn Antonucci Stuart, THE KINGS HIGHWAY GENERAL CONTRACTING, INC.. (Gonzalez, Carlos) |
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Filing 6
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before July 29, 2020, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (jsi)
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| Filing 5 Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint), , Defendant's MOTION to Strike #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Mark Briesemeister, Ronald Honick, Sarah Shullman, The Office of the Florida Attorney General. Responses due by 7/22/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit Composite C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Napoleone, Michael) |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (jsi) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Second Amended Complaint) Filing fee $ 400.00 receipt number AFLSDC-13116113, filed by Mark Briesemeister, Sarah Shullman, The Office of the Florida Attorney General, Ronald Honick. (Attachments: #1 Exhibit A, #2 Exhibit A, #3 Exhibit A, #4 Exhibit A, #5 Civil Cover Sheet)(Napoleone, Michael) Modified on 7/2/2020 (drz). (no answer/motion to dismiss filed) |
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