HOME DEPOT U.S.A., INC. v. AIR PROS, LLC et al
Plaintiff: HOME DEPOT U.S.A., INC.
Defendant: Douglas Anthony Perera, Jr. and AIR PROS, LLC
Case Number: 0:2020cv62424
Filed: November 25, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: K Michael Moore
Referring Judge: Lurana S Snow
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2021 Opinion or Order Filing 30 ORDER DENYING AS MOOT #6 Motion for Preliminary Injunction; GRANTING #25 Joint Motion for Entry of Consent Order for Preliminary Injunctive Relief. Signed by Chief Judge K. Michael Moore on 1/14/2021. See attached document for full details. (hwr)
January 14, 2021 Filing 29 Clerk's Notice of Compliance re #28 Order on Motion to Seal (cbr)
January 13, 2021 Opinion or Order Filing 28 ORDER granting #26 Motion to Seal. Signed by Chief Judge K. Michael Moore on 1/13/2021. See attached document for full details. (hwr)
January 12, 2021 Opinion or Order Filing 27 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Two-Week Extension of Time to Respond to the Complaint. #24 . Therein, Defendants request a two (2) week extension of time to respond to Plaintiff's Complaint because the Parties "have been engaging in prospective settlement discussions" and they would like to put forth all efforts "towards a potential resolution of this matter." Id. at 2. UPON CONSIDERATION of the Motion #24 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #24 is GRANTED. Defendants' response to Plaintiff's Complaint shall be due on or before January 27, 2021. Signed by Chief Judge K. Michael Moore on 1/12/2021. (hwr)
January 11, 2021 Filing 26 Unopposed MOTION to Seal per Local Rule 5.4 by HOME DEPOT U.S.A., INC.. (Attachments: #1 Text of Proposed Order A- Proposed Order) (Klock, Peter)
January 11, 2021 Filing 25 MOTION for Entry of Consent Order for Preliminary Injunctive Relief by HOME DEPOT U.S.A., INC.. (Attachments: #1 Text of Proposed Order A - Consent Order)(Klock, Peter)
January 11, 2021 Filing 24 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to the Complaint by AIR PROS, LLC, Douglas Anthony Perera, Jr.. Attorney Colby Grossman Conforti added to party AIR PROS, LLC(pty:dft), Attorney Colby Grossman Conforti added to party Douglas Anthony Perera, Jr.(pty:dft). (Attachments: #1 Exhibit "A")(Conforti, Colby)
December 30, 2020 Opinion or Order Filing 23 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 12/30/2020. (jz)
December 17, 2020 Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by HOME DEPOT U.S.A., INC.. AIR PROS, LLC served on 12/2/2020, answer due 12/23/2020. (Klock, Peter)
December 10, 2020 SYSTEM ENTRY - Docket Entry 21 [misc] restricted/sealed until further notice. (1702891)
December 9, 2020 Opinion or Order Filing 20 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Motion for Michael R. Baumrind to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #18 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. Michael R. Baumrind may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to Baumrind@bmelaw.com. Signed by Chief Judge K. Michael Moore on 12/9/2020. (hwr)
December 9, 2020 Opinion or Order Filing 19 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Motion for Ronan P. Doherty to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #17 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #17 is GRANTED. Ronan P. Doherty may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to doherty@bmelaw.com. Signed by Chief Judge K. Michael Moore on 12/9/2020. (hwr)
December 8, 2020 Filing 18 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael R. Baumrind. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #13 Motion to Appear Pro Hac Vice, by HOME DEPOT U.S.A., INC.. Responses due by 12/22/2020 (Attachments: #1 Text of Proposed Order)(Klock, Peter)
December 8, 2020 Filing 17 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ronan P. Doherty. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #14 Motion to Appear Pro Hac Vice, by HOME DEPOT U.S.A., INC.. Responses due by 12/22/2020 (Attachments: #1 Exhibit Attachment A, #2 Text of Proposed Order)(Klock, Peter)
December 8, 2020 Opinion or Order Filing 16 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motions for Michael R. Baumrind and Ronan P. Doherty to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #13 ; #14 . Therein, local counsel failed to consent to electronically serve all documents and things that may be served electronically in compliance with the CM/ECF Administrative Procedures. Accordingly, UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions #13 , #14 are DENIED. Plaintiff may submit amended motions in compliance with Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys, Local Rules of the Southern District of Florida. Signed by Chief Judge K. Michael Moore on 12/8/2020. (hwr)
December 3, 2020 Filing 15 NOTICE by HOME DEPOT U.S.A., INC. re #14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ronan P. Doherty. Filing Fee $ 200.00 Receipt # AFLSDC-13971030 (Klock, Peter)
December 3, 2020 Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ronan P. Doherty. Filing Fee $ 200.00 Receipt # AFLSDC-13971030 by HOME DEPOT U.S.A., INC.. Responses due by 12/17/2020 (Attachments: #1 Text of Proposed Order)(Klock, Peter)
December 3, 2020 Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael R. Baumrind. Filing Fee $ 200.00 Receipt # AFLSDC-13970940 by HOME DEPOT U.S.A., INC.. Responses due by 12/17/2020 (Attachments: #1 Text of Proposed Order)(Klock, Peter)
December 1, 2020 Opinion or Order Filing 12 ORDER granting #9 Motion to Seal. Signed by Chief Judge K. Michael Moore on 12/1/2020. See attached document for full details. (hwr)
December 1, 2020 Opinion or Order Filing 11 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 12/1/2020. (hwr)
December 1, 2020 Opinion or Order Filing 10 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/1/2020. (hwr)
November 30, 2020 Filing 9 MOTION to Seal per Local Rule 5.4 by HOME DEPOT U.S.A., INC.. (Attachments: #1 Text of Proposed Order) (Klock, Peter)
November 30, 2020 Filing 8 Bar Letter re: Admissions sent to attorney Ronan P. Doherty and Michael R. Baumrind, mailing date November 30, 2020, (pt)
November 30, 2020 Filing 7 MEMORANDUM in Support re #6 MOTION for Preliminary Injunction by HOME DEPOT U.S.A., INC.. (Klock, Peter)
November 30, 2020 Filing 6 MOTION for Preliminary Injunction by HOME DEPOT U.S.A., INC.. (Klock, Peter)
November 30, 2020 Filing 5 Summons Issued as to Douglas Anthony Perera, Jr. (drz)
November 30, 2020 Filing 4 Summons Issued as to AIR PROS, LLC. (drz)
November 25, 2020 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)
November 25, 2020 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz)
November 25, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13931041, filed by HOME DEPOT U.S.A., INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet Civil Cover Sheet, #6 Summon(s) Summons - Air Pro LLC, #7 Summon(s) Summons - Douglas Perera, Jr.)(Klock, Peter)

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Plaintiff: HOME DEPOT U.S.A., INC.
Represented By: Peter Joseph Klock, II
Represented By: Michael R. Baumrind
Represented By: Ronan P. Doherty
Represented By: Brett Michael Amron
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Defendant: Douglas Anthony Perera, Jr.
Represented By: Colby Grossman Conforti
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Defendant: AIR PROS, LLC
Represented By: Colby Grossman Conforti
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