24 Hour Floors, LLC et al v. Polytek Surface Coatings, LLC et al
| 24 Hour Floors, LLC and Tru Colors Contracting, Inc. |
| Polytek Surface Coatings, LLC doing business as Penntek Industrial Coatings, Penntek Industrial Coatings, LLC, Brian Johnson and Scott Weyer |
| 0:2023cv60994 |
| May 26, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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| Filing 44 Joint MOTION for Extension of Time extension of Trial and Pretrial Deadlines Set Forth in Court's June 21, 2023 Scheduling Order re 30 Scheduling Order,,,,,,,,,,,,,,,,,,,,,,,, by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer. Responses due by 8/3/2023 (Attachments: #1 Text of Proposed Order Order Granting Joint Motion for Extension of Trial and Pretrial Deadlines Set Forth in Court's June 21, 2023 Scheduling Order)(Williams, Rebecca) |
Filing 43
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint. #42 . Therein, Defendants request a brief extension because Defense counsel requires additional time to analyze fully respond to the complaint, as well as the press of other matters. Id. at 2-3. Plaintiff does not oppose Defendants' request. See id. at 3. 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 #42 is GRANTED. Defendants shall respond on or before July 26, 2023. Signed by Judge K. Michael Moore on 7/18/2023. (rhr)
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| Set Response Due Deadline per DE 43 Order: Defendants response due 7/26/2023. (kpe) |
| Filing 42 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #34 Amended Complaint/Amended Notice of Removal by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer. (Attachments: #1 Text of Proposed Order)(Williams, Rebecca) |
| Filing 41 REPLY to Response to Motion re #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, filed by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer. (Williams, Rebecca) |
| Filing 40 NOTICE of Striking #37 Response in Support of Motion, filed by Scott Weyer, Brian Johnson, Polytek Surface Coatings, LLC, Penntek Industrial Coatings, LLC by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer (Williams, Rebecca) |
| Filing 39 Clerk's Notice to Filer re #37 Response in Support of Motion,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
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Filing 38
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Withdraw and Substitute Counsel for Defendants. #36 . Therein, Defendants request an order substituting Albert E. Blair, Esq. of Conroy Simberg as counsel of record for Defendants in place of Michael F. Jacobson of Taft Stettinius & Hollister LLP. Id. Plaintiffs do not oppose the Motion. See id. UPON CONSIDERATION of the Motion #36 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Michael F. Jacobson shall be relieved of all further responsibilities related to Defendants in these proceedings. The Clerk of the Court is INSTRUCTED to remove Michael F. Jacobson as counsel for Defendant. Signed by Judge K. Michael Moore on 7/13/2023. (rhr)
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| Filing 37 STRICKEN per DE#40 , REPLY in Support re #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer. (Williams, Rebecca) Modified text on 7/17/2023 (jas). |
| Filing 36 Unopposed MOTION to Withdraw as Attorney and to Substitute Counsel for Defendants by Rebecca J. Williams for / by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer. Attorney Rebecca Jean Williams added to party Brian Johnson(pty:dft), Attorney Rebecca Jean Williams added to party Penntek Industrial Coatings, LLC(pty:dft), Attorney Rebecca Jean Williams added to party Polytek Surface Coatings, LLC(pty:dft), Attorney Rebecca Jean Williams added to party Scott Weyer(pty:dft). Responses due by 7/26/2023 (Attachments: #1 Text of Proposed Order Order Granting Motion to Withdraw and to Substitute Counsel for Defendants)(Williams, Rebecca) |
| Filing 35 RESPONSE in Opposition re #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, filed by 24 Hour Floors, LLC. Replies due by 7/12/2023. (Zebersky, Edward) |
| Filing 34 First AMENDED COMPLAINT against All Defendants, filed by 24 Hour Floors, LLC.(Zebersky, Edward) |
| Filing 33 Plaintiff's REPLY to Response to Motion re #18 Plaintiff's MOTION to Remand to State Court And Incorporated Memorandum of Law filed by 24 Hour Floors, LLC. (Zebersky, Edward) |
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Filing 32
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. #31 . Therein, Plaintiffs request a brief extension of time to file a response due to "a convergence of professional and personal obligations including travel and overlapping deadlines." Id. at 2. Defendant does not oppose this request. Id. at 3. 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 #31 is GRANTED. Plaintiffs shall file a response to Defendant's Motion to Dismiss on or before July 5, 2023. Signed by Judge K. Michael Moore on 6/26/2023. (rhr)
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| Reset Deadline per DE#32 as to #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint). Responses due by 7/5/2023. (scn) |
| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, by 24 Hour Floors, LLC. (Attachments: #1 Exhibit A--Proposed Order)(Zebersky, Edward) |
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Filing 30
PAPERLESS ORDER SCHEDULING TRIAL IN FORT LAUDERDALE. This case is now set for trial commencing the two-week trial period of March 25, 2024, at 9 a.m. in the United States District Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida. The assigned courtroom will be announced at the calendar call. All parties are directed to report to the calendar call on March 21, 2024, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for March 12, 2024, at 11 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 6/21/2023. (rhr) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 29 Joint SCHEDULING REPORT - Rule 16.1 by 24 Hour Floors, LLC, Tru Colors Contracting, Inc. (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Zebersky, Edward) |
| Filing 28 Defendant's RESPONSE to #18 Plaintiff's MOTION to Remand to State Court And Incorporated Memorandum of Law DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION TO REMAND AND INCORPORATED MEMORANDUM OF LAW by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer. (Blair, Albert) |
| Filing 27 Defendant's NOTICE of Filing Proposed Order by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint). (Blair, Albert) |
| Filing 26 Defendant's NOTICE by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re 25 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney, #22 Notice (Other), Striking (Blair, Albert) |
| Filing 25 Clerk's Notice to Filer re #22 Proposed Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (jas) |
| Filing 24 Defendant Penntek Industrial Coatings, LLC and Polytek Surface Coatings, LLC ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer. (Blair, Albert) |
| Filing 23 NOTICE of Compliance of Certificate of Good Faith Conference by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Scott Weyer, Brian Johnson, Polytek Surface Coatings, LLC, Penntek Industrial Coatings, LLC (Blair, Albert) |
| Filing 22 STRICKEN per DE#26 , NOTICE of Filing Proposed Order by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), (Blair, Albert) |
| Filing 21 NOTICE of Motion by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re #20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint). (Blair, Albert) |
| Filing 20 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),,, by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer. Attorney Albert Eugene Blair added to party Brian Johnson(pty:dft), Attorney Albert Eugene Blair added to party Polytek Surface Coatings, LLC(pty:dft), Attorney Albert Eugene Blair added to party Scott Weyer(pty:dft). Responses due by 6/28/2023 (Blair, Albert) |
| Filing 19 MOTION for Substitution of Counsel by Penntek Industrial Coatings, LLC (Blair, Albert) Modified to add motion relief on 6/15/2023 (jas). |
| Filing 18 Plaintiff's MOTION to Remand to State Court And Incorporated Memorandum of Law by 24 Hour Floors, LLC, Tru Colors Contracting, Inc.. (Zebersky, Edward) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulation for Extension of Time for Defendant to Answer or Otherwise Respond to Plaintiff's Complaint #15 , which the Court construes as a motion for extension of time. Therein, the Parties request that Defendant be granted a brief extension of time to respond to the Complaint. See id. 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 #15 is GRANTED. Defendant shall file an Answer on or before June 14, 2023. Signed by Judge K. Michael Moore on 6/2/2023. (rhr)
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| Filing 16 NOTICE by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re #15 Stipulation NOTICE OF FILING (proposed Order) (Attachments: #1 Text of Proposed Order proposed Order) (Jacobson, Michael) |
| Filing 15 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS COMPLAINT by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer (Jacobson, Michael) |
| Filing 14 CERTIFICATE OF SERVICE by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re 3 Clerk's Notice to Filer re: Electronic Case, #1 Notice of Removal (State Court Complaint),,, #11 Certificate of Other Affiliates/Corporate Disclosure Statement, #12 Certificate of Service,,, 2 Clerk's Notice of Judge Assignment, 9 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney,, #6 Notice (Other), 4 Pretrial Order,,,,,,,,,,,,,,,,,,, #7 Certificate of Other Affiliates/Corporate Disclosure Statement, #10 Certificate of Other Affiliates/Corporate Disclosure Statement, #8 Certificate of Other Affiliates/Corporate Disclosure Statement, 5 Order Referring Case to Magistrate Judge,, (Jacobson, Michael) |
| Filing 13 Clerk's Notice to Filer re #12 Certificate of Service,,,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
| Filing 12 CERTIFICATE OF SERVICE by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re 3 Clerk's Notice to Filer re: Electronic Case, #1 Notice of Removal (State Court Complaint),,, #11 Certificate of Other Affiliates/Corporate Disclosure Statement, 2 Clerk's Notice of Judge Assignment, 9 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney,, #6 Notice (Other), 4 Pretrial Order,,,,,,,,,,,,,,,,,,, #7 Certificate of Other Affiliates/Corporate Disclosure Statement, #10 Certificate of Other Affiliates/Corporate Disclosure Statement, #8 Certificate of Other Affiliates/Corporate Disclosure Statement, 5 Order Referring Case to Magistrate Judge,, (Jacobson, Michael) |
| Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement by Penntek Industrial Coatings, LLC identifying Other Affiliate Kyle Baynes, Other Affiliate Christopher Baynes, Other Affiliate Kevin Baynes, Other Affiliate Connie Baynes, Other Affiliate The Baynes 2022 Irrevocable Trust which is administered in Minnesota by Christopher Baynes, Connie Baynes as Trustees for Penntek Industrial Coatings, LLC (Jacobson, Michael) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by Polytek Surface Coatings, LLC identifying Other Affiliate Kyle Baynes for Polytek Surface Coatings, LLC (Jacobson, Michael) |
| Filing 9 Clerk's Notice to Filer re #7 , #8 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, Kyle Baynes, Christopher Baynes, Keven Baynes, Connie Baynes, . Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Rule 7.1 Corporate Disclosure Statement by Penntek Industrial Coatings, LLC (Jacobson, Michael) |
| Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Rule 7.1 Corporate Disclosure Statement by Polytek Surface Coatings, LLC (Jacobson, Michael) |
| Filing 6 NOTICE by Brian Johnson, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC, Scott Weyer re 3 Clerk's Notice to Filer re: Electronic Case, #1 Notice of Removal (State Court Complaint),,, CIVIL COVER SHEET (Jacobson, Michael) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis 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 Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 5/26/2023. (rhr)
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Filing 4
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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 Judge K. Michael Moore on 5/26/2023. (rhr)
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| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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 - 24 Hour Floors, LLC v Polytek Surface Coatings, LLC, et al.) Filing fee $ 402.00 receipt number AFLSDC-16648738, filed by Scott Weyer, Penntek Industrial Coatings, LLC, Polytek Surface Coatings, LLC d/b/a Penntek Industrial Coatings, Brian Johnson. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit A - State Court Complaint, #3 Exhibit B - Return of Service (Johnson), #4 Exhibit C - Return of Service (Polytek), #5 Exhibit D - Return of Service (Penntek), #6 Exhibit E - Return of Service (Weyer), #7 Exhibit F - warranty procedure, #8 Exhibit G - Notice of Filing)(Jacobson, Michael) Modified text & attachment description on 5/26/2023 (rbe). |
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