Erwig v. Lowe's Home Centers, LLC et al
| Brad Erwig |
| Lowe's Home Centers, LLC, Ballymore Company, Inc. and Doc Maintenance, Inc. |
| 0:2023cv60236 |
| February 8, 2023 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on March 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 First NOTICE of Mediator Selection and Hearing. Selected/Added Eric G. Canter as Mediator. Mediation Hearing set for 10/03/2023 at 9:00 a.m.. (Canter, Eric) |
Filing 33
Order Scheduling Mediation and Granting Motion to Appear Virtually. Signed by Judge Rodolfo A. Ruiz, II on 3/21/2023. See attached document for full details. (lgr)
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| Set Hearing re DE#33: Mediation Hearing before Mediator set for 10/3/2023 9:00 AM. (scn) |
| Filing 32 Joint MOTION for Leave to Appear Virtually at 10/3/2023 Mediation . Attorney/Representative: Morgan F. Spector; Patricia Francois; Joshua E. Nathanson by Ballymore Company, Inc., Lowe's Home Centers, LLC. Responses due by 4/4/2023 (Spector, Morgan) |
| Filing 31 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Ballymore Company, Inc., Lowe's Home Centers, LLC, Eric G. Canter as Mediator. Mediation Hearing set for 10/3/2023 at 9:00 a.m.. (Attachments: #1 Text of Proposed Order proposed Order Scheduling Mediation)(Spector, Morgan) |
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Filing 30
Order Denying Motion to Strike. Signed by Judge Rodolfo A. Ruiz, II on 3/9/2023. See attached document for full details. (lgr)
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| Filing 29 RESPONSE to Motion re #18 Plaintiff's MOTION to Strike DEFENDANTS DOC MAINTENANCE, INC., FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND NINTH AFFIRMATIVE DEFENSES filed by Doc Maintenance, Inc.. Replies due by 3/15/2023. (Nathanson, Joshua) |
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Filing 28
PAPERLESS ORDER striking Plaintiff's Reply to Defendant's Affirmative Defenses ("Reply"), ECF No. #27 . A reply to affirmative defenses is not authorized without a court order. Fed R. Civ. P. 7(a)(7); see also Strubel v. Hartford Ins. Co. of the Midwest, No. 8:09-cv-01858-T-17-TBM, 2010 WL 11507830, at *3 (M.D. Fla. June 18, 2010) (denying leave to file reply to affirmative defenses). Courts have required a showing of "substantial reason or extraordinary circumstances" for filing such a reply. See Strubel, 2010 WL 11507830, at *2. Further, Rule 8 already provides that "[i]f a responsive pleading is not required, an allegation is considered denied or avoided." Fed. R. Civ. P. 8(b)(6). Plaintiff has not demonstrated a need for its Reply, which largely amounts to a denial of Defendant's affirmative defenses. Therefore, Plaintiff's Reply, ECF No. #27 , is STRICKEN. Signed by Judge Rodolfo A. Ruiz, II on 3/7/2023. (lgr)
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| Filing 27 (STRICKEN PER DE#28) Plaintiff's REPLY to #10 ANSWER to Complaint (Notice of Removal) by Brad Erwig. (Attachments: #1 Exhibit A)(Dover, Jeremy) Text Modified on 3/8/2023 (scn). |
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Filing 26
PAPERLESS ORDER striking Plaintiff's Initial Disclosure, ECF No. #25 . Local Rule 26.1(b) of the U.S. District Court for the Southern District of Florida provides that "discovery requests, responses, objections, notices or any associated proof of service shall not be filed with the Court until they are used in the proceeding or the court orders their filing." To date, the Initial Disclosure has not been used in this proceeding, nor has the Court ordered its filing. Accordingly, the Initial Disclosure is hereby STRICKEN. Signed by Judge Rodolfo A. Ruiz, II on 3/7/2023. (lgr)
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| Filing 25 (STRICKEN PER DE#26) Initial Disclosure(s) by Brad Erwig (Dover, Jeremy) Text Modified on 3/7/2023 (scn). |
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Filing 24
SCHEDULING ORDER: Jury Trial set for 3/11/2024 before Judge Rodolfo A. Ruiz II. Calendar Call set for 3/5/2024 before Judge Rodolfo A. Ruiz II. Amended Pleadings due by 4/11/2023. Discovery due by 11/14/2023. Mediation Deadline 11/21/2023. Dispositive Motions due by 12/5/2023. Pretrial Stipulation due by 1/9/2024. Signed by Judge Rodolfo A. Ruiz, II on 2/27/2023. See attached document for full details. (lgr)
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| Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement by Lowe's Home Centers, LLC identifying Other Affiliate Ebony Hankerson, Other Affiliate Lowe's Companies, Inc. for Lowe's Home Centers, LLC (Spector, Morgan) |
| Filing 22 Certificate of Other Affiliates/Corporate Disclosure Statement by Ballymore Company, Inc. identifying Other Affiliate Ebony Hankerson, Other Affiliate Lowe's Companies, Inc. for Ballymore Company, Inc. (Spector, Morgan) |
| Filing 21 Joint SCHEDULING REPORT - Rule 26(f) by Ballymore Company, Inc., Lowe's Home Centers, LLC (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Order Setting Trial and Pretrial Schedule)(Spector, Morgan) |
| Filing 20 STATUS REPORT REGARDING REMOVAL by Ballymore Company, Inc. (Spector, Morgan) |
| Filing 19 Plaintiff's REPLY TO DEFENDANTS DOC MAINTENANCE, INC., AFFIRMATIVE DEFENSES TO PLAINTIFFS COMPLAINT by Brad Erwig. (Attachments: #1 Exhibit A)(Dover, Jeremy) |
| Filing 18 Plaintiff's MOTION to Strike DEFENDANTS DOC MAINTENANCE, INC., FIRST, SECOND, THIRD, FOURTH, FIFTH, SIXTH, SEVENTH AND NINTH AFFIRMATIVE DEFENSES by Brad Erwig. Responses due by 3/9/2023 (Attachments: #1 Exhibit A)(Dover, Jeremy) |
| Filing 17 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Doc Maintenance, Inc. identifying Other Affiliate Amanda Edwards, Other Affiliate Eric O. Swanson, Jr. for Doc Maintenance, Inc. (Nathanson, Joshua) |
| Filing 16 Clerk's Notice to Filer re #15 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents, Amanda Edwards, Eric O. Swanson, Jr.. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas) |
| Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Doc Maintenance, Inc. (Nathanson, Joshua) |
| Filing 14 Clerk's Notice to Filer re #13 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas) |
| Filing 13 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Doc Maintenance, Inc. (Nathanson, Joshua) |
| Filing 12 AMENDED ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Lowe's Home Centers, LLC. (Spector, Morgan) |
| Set/Reset Deadlines/Hearings Joint Scheduling Report due by 2/24/2023. Per DE #11 Order. (ebz) |
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Filing 11
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Signed by Judge Rodolfo A. Ruiz, II on 2/15/2023. See attached document for full details. (lgr)
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| Filing 10 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Ballymore Company, Inc.. (Spector, Morgan) |
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Filing 9
PAPERLESS ORDER granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for attorney Joel I. Fishbein, ECF No. #7 . Signed by Judge Rodolfo A. Ruiz, II on 2/14/2023. (lgr)
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Filing 8
Order Granting Motion to Substitute Counsel. Signed by Judge Rodolfo A. Ruiz, II on 2/13/2023. See attached document for full details. (lgr)
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joel I. Fishbein. Filing Fee $ 200.00 Receipt # AFLSDC-16322885 by Ballymore Company, Inc., Lowe's Home Centers, LLC. Responses due by 2/27/2023 (Attachments: #1 Text of Proposed Order)(Spector, Morgan) |
| Filing 6 STIPULATED MOTION for Substitution of Counsel. Substituting Morgan F. Spector for Tommie C. DePrima by Lowe's Home Centers, LLC. Responses due by 2/27/2023 (Attachments: #1 Text of Proposed Order)(Spector, Morgan) |
| Filing 5 NOTICE of Attorney Appearance by Morgan Fairthorne Spector on behalf of Lowe's Home Centers, LLC. Attorney Morgan Fairthorne Spector added to party Lowe's Home Centers, LLC (pty:dft). (Spector, Morgan) |
| Set Deadline per DE#3: Removal Status Report due by 2/23/2023. (scn) |
| Filing 4 NOTICE of Attorney Appearance by Joshua Eric Nathanson on behalf of Doc Maintenance, Inc. (Nathanson, Joshua) |
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Filing 3
Order Requiring Removal Status Report. Signed by Judge Rodolfo A. Ruiz, II on 2/8/2023. See attached document for full details. (lgr)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Plaintiff's Amended Complaint) Filing fee $ 402.00 receipt number AFLSDC-16309582, filed by Ballymore Company, Inc. Answer Filed- Exhibit #1 (Pg. 71-83/ Pg.192-195)/ No Motion to Dismiss filed. (Attachments: #1 Exhibit A-State Court Complaint / Action, #2 Exhibit B-Ballymore PA public record, #3 Exhibit C-Declaration of John P. Stutts, #4 Exhibit D-Doc Maintenance SC public record, #5 Exhibit E-Doc Maintenance FL public record, #6 Exhibit F-Settlement demand, #7 Exhibit G-Affidavit of service, #8 Civil Cover Sheet)(Spector, Morgan) Modified text & attachment description on 2/8/2023 (rbe). |
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