Bautech USA, Inc. v. Resolve Equipment, Inc. et al
Plaintiff: Bautech USA, Inc.
Defendant: Resolve Equipment, Inc., Resolve Marine Group, Inc., Olsen Associates, Inc., APTIM Coastal Planning & Engineering, LLC, Skyrise Engineering & Testing, LLC and Federal Insurance Company
Case Number: 0:2023cv60703
Filed: April 13, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Jared M Strauss
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2023 Opinion or Order Filing 43 Defendant's REPLY to Response to Motion re #19 Joint Motion to Dismiss filed by Resolve Equipment, Inc.. (Stempler, Mark)
May 26, 2023 Opinion or Order Filing 42 RESPONSE in Opposition re #19 Joint Motion to Dismiss filed by Bautech USA, Inc.. Replies due by 6/2/2023. (Vilmos, Peter)
May 25, 2023 Opinion or Order Filing 41 DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 5/25/2023. See attached document for full details. (ab03)
May 24, 2023 Opinion or Order Filing 40 ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 5/20/2024 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 5/14/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 7/19/2023. All Discovery, including Expert Discovery, due by 1/22/2024. Mediation Deadline 1/29/2024. In Limine Motions due by 3/5/2024. Motions due by 2/6/2024. Pretrial Stipulation due by 3/5/2024. REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 5/24/2023. See attached document for full details. (ps1)
May 24, 2023 Opinion or Order Filing 39 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Bautech USA, Inc. identifying Other Affiliate Etcheverry Harrison LLP, Other Affiliate Sergio Prahl, Other Affiliate Brila Trading LLC, Other Affiliate Integradora Tecnologica de Soluciones S.A., Other Affiliate Aida Carolina Matheu Pastorio, Other Affiliate Baunovo, Other Affiliate Beacon Consulting Group, Inc., Other Affiliate Elizabeth Paquet, Other Affiliate Edward Etcheverry, Other Affiliate Pennsylvania National Mutual Casualty Insurance Company for Bautech USA, Inc. (Vilmos, Peter) Modified Text on 5/25/2023 (ls).
May 24, 2023 Opinion or Order Filing 38 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Resolve Equipment, Inc. identifying Corporate Parent Resolve Equipment, Inc., Other Affiliate Resolve Salvage & Emergency Response, Inc., Other Affiliate Resolve Pioneer, LLC, Other Affiliate James McLaughlin, Other Affiliate Joseph Farrell Jr., Other Affiliate Marybeth Farrell, Other Affiliate Milam Howard Nicandri & Gillam P.A., Other Affiliate Patrick W. Joyce, Other Affiliate Resolve Towing & Salvage, Inc. for Resolve Equipment, Inc. (Stempler, Mark)
May 24, 2023 Opinion or Order Filing 37 Clerk's Notice to Filer re #35 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates Not Entered; ERROR - The Filer failed to enter all Other Affiliates 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. Note - Other Affiliates do not appear on the docket sheet. (ls)
May 24, 2023 Opinion or Order Filing 36 Certificate of Other Affiliates/Corporate Disclosure Statement by Olsen Associates, Inc. identifying Other Affiliate Christopher Creed, Other Affiliate Steven C. Howard, Other Affiliate Kevin R Bodge, Other Affiliate Erik J Olsen, Other Affiliate Albert E Browder, Other Affiliate Patrick W Joyce, Other Affiliate Pierce N Giboney, Other Affiliate Milam Howard Nicandri & Gillam, P.A., Other Affiliate Broward County Environmental Protection and Growth Management Department, for Olsen Associates, Inc. (Gillam, Wiley) Modified Text on 5/24/2023 (ls).
May 24, 2023 Opinion or Order Filing 35 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Resolve Equipment, Inc. identifying Other Affiliate Resolve Salvage & Emergency Response, Inc., Other Affiliate Resolve Pioneer, LLC, Other Affiliate Resolve Towing & Salvage, Inc. for Resolve Equipment, Inc. (Stempler, Mark)
May 24, 2023 Opinion or Order Filing 34 Clerk's Notice to Filer re #29 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates Not Entered; ERROR - The Filer failed to enter all Other Affiliates 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. Note - Other Affiliates do not appear on the docket sheet. (ls)
May 24, 2023 Opinion or Order Filing 33 Clerk's Notice to Filer re #28 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates Not Entered; ERROR - The Filer failed to enter all Other Affiliates 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. Note - Other Affiliates do not appear on the docket sheet. (ls)
May 24, 2023 Opinion or Order Filing 32 Clerk's Notice to Filer re #27 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. (ls)
May 23, 2023 Opinion or Order Filing 31 Certificate of Other Affiliates/Corporate Disclosure Statement by Federal Insurance Company identifying Corporate Parent Chubb Limited. Chubb Limited (NYSE: CB), Other Affiliate Chubb Group Holdings Inc., Other Affiliate Chubb INA Holdings Inc. for Federal Insurance Company (Tanner, Robert)
May 23, 2023 Opinion or Order Filing 30 Joint SCHEDULING REPORT - Rule 26(f) by Resolve Equipment, Inc. (Stempler, Mark)
May 23, 2023 Opinion or Order Filing 29 Certificate of Other Affiliates/Corporate Disclosure Statement by Olsen Associates, Inc. (Gillam, Wiley)
May 23, 2023 Opinion or Order Filing 28 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Bautech USA, Inc. (Vilmos, Peter)
May 23, 2023 Opinion or Order Filing 27 Defendant's Corporate Disclosure Statement by Resolve Equipment, Inc. identifying Corporate Parent Resolve Equipment, Inc., Corporate Parent Resolve Marine Group, Other Affiliate Resolve Pioneer, LLC., Other Affiliate Resolve Salvage & Emergency Response, Inc., Other Affiliate Resolve Towing & Salvage, Inc. for Resolve Equipment, Inc. (Stempler, Mark)
May 18, 2023 Opinion or Order Filing 26 ORDER granting #25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John M. Lassiter. Signed by Chief Judge Cecilia M. Altonaga on 5/18/2023. See attached document for full details. (ps1)
May 18, 2023 Opinion or Order Filing 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John M. Lassiter. Filing Fee $ 200.00 Receipt # AFLSDC-16627865 by Bautech USA, Inc.. Responses due by 6/1/2023 (Attachments: #1 Certification of John M. Lassiter, #2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing)(Vilmos, Peter)
May 17, 2023 Opinion or Order Filing 24 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Skyrise Engineering & Testing, LLC (Toomey, Patrick)
May 16, 2023 Opinion or Order Filing 23 NOTICE of Striking #21 Notice (Other) filed by Skyrise Engineering & Testing, LLC by Skyrise Engineering & Testing, LLC (Toomey, Patrick)
May 16, 2023 Opinion or Order Filing 22 Clerk's Notice to Filer re #21 Notice (Other). Wrong Event Selected - Document is a Certificate of Other Affiliates/Corporate Disclosure Statement; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document using the Certificate of Other Affiliates/Corporate Disclosure Statement event and ensure all Other Affiliates/Corporate Parents are entered. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (pcs)
May 16, 2023 Opinion or Order Filing 21 "STRICKEN" NOTICE by Skyrise Engineering & Testing, LLC re #11 Order Requiring Joint Scheduling Report and Certificates of Interested Parties (Toomey, Patrick) Modified on 5/17/2023 (ls). (per DE #23 )
May 15, 2023 Opinion or Order Filing 20 Clerk's Notice to Filer re #19 Answer to Amended Complaint. 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. (ls)
May 12, 2023 Opinion or Order Filing 19 Joint Motion to Dismiss by Resolve Marine Group, Inc., Resolve Equipment, Inc. (Stempler, Mark) Modified to convert document to a motion and Modified Filers on 5/15/2023 (ls).
May 12, 2023 Opinion or Order Filing 18 NOTICE of Attorney Appearance by Robert S. Tanner on behalf of Federal Insurance Company. Attorney Robert S. Tanner added to party Federal Insurance Company(pty:dft). (Tanner, Robert)
May 11, 2023 Opinion or Order Filing 17 NOTICE of Attorney Appearance by Wiley Braxton Gillam, IV on behalf of Olsen Associates, Inc.. Attorney Wiley Braxton Gillam, IV added to party Olsen Associates, Inc.(pty:dft). (Gillam, Wiley)
May 10, 2023 Opinion or Order Filing 16 NOTICE of Attorney Appearance by Patrick Joseph Toomey, Jr on behalf of Skyrise Engineering & Testing, LLC. Attorney Patrick Joseph Toomey, Jr added to party Skyrise Engineering & Testing, LLC(pty:dft). (Toomey, Patrick)
May 8, 2023 Opinion or Order Filing 15 NOTICE of Attorney Appearance by Jon Polenberg on behalf of Resolve Equipment, Inc., Resolve Marine Group, Inc.. Attorney Jon Polenberg added to party Resolve Equipment, Inc.(pty:dft), Attorney Jon Polenberg added to party Resolve Marine Group, Inc.(pty:dft). (Polenberg, Jon)
May 8, 2023 Opinion or Order Filing 14 PAPERLESS ORDER granting #13 Motion for Clarification. The Court indeed meant what it said: any Defendants moving to dismiss the Complaint must do so in a combined motion rather than separate motions. Signed by Chief Judge Cecilia M. Altonaga (CMA)
May 8, 2023 Opinion or Order Filing 13 Defendant's MOTION for clarification of Court's Order Date May 2, 2023 by Resolve Equipment, Inc., Resolve Marine Group, Inc.. Attorney Mark Joshua Stempler added to party Resolve Equipment, Inc.(pty:dft), Attorney Mark Joshua Stempler added to party Resolve Marine Group, Inc.(pty:dft). Responses due by 5/22/2023 (Stempler, Mark)
May 2, 2023 Opinion or Order Filing 12 ORDER that Defendants shall submit a single combined response or separate answers by May 12, 2023. Signed by Chief Judge Cecilia M. Altonaga on 5/2/2023. See attached document for full details. (ps1)
May 2, 2023 Opinion or Order Filing 11 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 5/23/2023. Signed by Chief Judge Cecilia M. Altonaga on 5/2/2023. See attached document for full details. (ps1)
May 2, 2023 Opinion or Order Filing 10 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bautech USA, Inc.. Federal Insurance Company served on 4/21/2023, response/answer due 5/12/2023. (Vilmos, Peter)
May 2, 2023 Opinion or Order Filing 9 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bautech USA, Inc.. Skyrise Engineering & Testing, LLC served on 4/21/2023, response/answer due 5/12/2023. (Vilmos, Peter)
May 2, 2023 Opinion or Order Filing 8 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bautech USA, Inc.. Olsen Associates, Inc. served on 4/21/2023, response/answer due 5/12/2023. (Vilmos, Peter)
May 2, 2023 Opinion or Order Filing 7 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bautech USA, Inc.. Resolve Marine Group, Inc. served on 4/19/2023, response/answer due 5/10/2023. (Vilmos, Peter)
May 2, 2023 Opinion or Order Filing 6 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Bautech USA, Inc.. Resolve Equipment, Inc. served on 4/19/2023, response/answer due 5/10/2023. (Vilmos, Peter)
April 17, 2023 Opinion or Order Filing 5 AMENDED COMPLAINT against Federal Insurance Company, Olsen Associates, Inc., Resolve Equipment, Inc., Resolve Marine Group, Inc., Skyrise Engineering & Testing, LLC, filed by Bautech USA, Inc.. (Attachments: #1 Exhibit 1 - Subcontract, #2 Exhibit 2 - Payment Bond, #3 Exhibit 3 - Completion Agreement)(Vilmos, Peter)
April 17, 2023 Opinion or Order Filing 4 ORDER dismissing #1 Complaint, filed by Bautech USA, Inc.; Amended Complaint due by 4/21/2023. Signed by Chief Judge Cecilia M. Altonaga on 4/17/2023. See attached document for full details. (ps1)
April 14, 2023 Opinion or Order Filing 3 Summons Issued as to APTIM Coastal Planning & Engineering, LLC, Federal Insurance Company, Olsen Associates, Inc., Resolve Equipment, Inc., Resolve Marine Group, Inc., Skyrise Engineering & Testing, LLC. (aao)
April 13, 2023 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. 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. (aao)
April 13, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16535764, filed by Bautech USA, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) - Resolve Equipment, Inc., #3 Summon(s) - Resolve Marine Group, Inc., #4 Summon(s) - Olsen Associates, Inc., #5 Summon(s) - APTIM Coastal Planning & Engineering, LLC, #6 Summon(s) - Skyrise Engineering & Testing, LLC, #7 Summon(s) - Federal Insurance Company, #8 Exhibit 1 - Subcontract, #9 Exhibit 2 - Payment Bond, #10 Exhibit 3 - Completion Agreement)(Vilmos, Peter)

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Plaintiff: Bautech USA, Inc.
Represented By: Peter Charles Vilmos
Represented By: Christopher Daniel Meyer
Represented By: John M. Lassiter
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Defendant: Resolve Equipment, Inc.
Represented By: Jon Polenberg
Represented By: Mark Joshua Stempler
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Defendant: Resolve Marine Group, Inc.
Represented By: Jon Polenberg
Represented By: Mark Joshua Stempler
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Defendant: Olsen Associates, Inc.
Represented By: Wiley Braxton Gillam, IV
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Defendant: APTIM Coastal Planning & Engineering, LLC
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Defendant: Skyrise Engineering & Testing, LLC
Represented By: Patrick Joseph Toomey, Jr.
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Defendant: Federal Insurance Company
Represented By: Robert S. Tanner
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