Cerniglia v. Nauticstar et al
Plaintiff: John M Cerniglia
Defendant: Nauticstar, LLC and David J. Giannone doing business as Complete Marine
Cross Claimant: David J. Giannone
Case Number: 0:2023cv62067
Filed: October 31, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: William P Dimitrouleas
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. ยง 1331 Federal Question
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 29, 2023 Filing 27 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand , CROSSCLAIM against Nauticstar, LLC by David J. Giannone. (Attachments: #1 Exhibit)(Balkan, Adam)
December 28, 2023 Filing 26 Summons Issued as to Nauticstar, LLC, cross defendant. (mee)
December 28, 2023 Filing 25 Clerk's Notice of Docket Correction re #24 Clerk's Entry/Non-Entry of Default. Document Restricted Due to Error. Modified on 12/28/2023 (mee).
December 28, 2023 Filing 24 Clerk's Entry of Default as to NauticStar, LLC, Cross Defendant's Signed by DEPUTY CLERK on 12/28/2023. (mee) Restricted by clerk issued in error modified on 12/28/2023 (mee).
December 28, 2023 Filing 23 NOTICE of Filing Proposed Summons(es) by David J. Giannone (Attachments: #1 Summon(s)) (Balkan, Adam)
December 22, 2023 Opinion or Order Filing 22 ORDER DENYING #21 MOTION WITHOUT PREJUDICE. Signed by Judge William P. Dimitrouleas on 12/22/2023. See attached document for full details. (rbe)
December 21, 2023 Filing 21 Plaintiff's MOTION to Strike Complete Marine's Affirmative Defenses by John M Cerniglia. Responses due by 1/4/2024 (Halpern, Jay)
December 12, 2023 Filing 20 ANSWER and Affirmative Defenses to Complaint with Jury Demand , CROSSCLAIM against Nauticstar, LLC by David J. Giannone. (Attachments: #1 Exhibit)(Balkan, Adam)
November 29, 2023 Filing 19 Clerk's Entry of Default as to Nauticstar,LLC - Motions Terminated: #18 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 11/29/2023. (mee)
November 29, 2023 Filing 18 Plaintiff's MOTION for Clerk's Entry of Default as to Nauticstar, LLC by John M Cerniglia. (Attachments: #1 Exhibit NauticStar Registration, #2 Exhibit Proof of Service)(Halpern, Jay)
November 29, 2023 Opinion or Order Filing 17 ORDER DENYING AS MOOT MOTION TO DISMISS, denying as moot #14 Motion to Dismiss for Failure to State a Claim. Signed by Judge William P. Dimitrouleas on 11/29/2023. See attached document for full details. (mee)
November 28, 2023 Filing 16 RESPONSE in Opposition re #14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM filed by John M Cerniglia. Replies due by 12/5/2023. (Halpern, Jay)
November 28, 2023 Filing 15 Plaintiff's AMENDED COMPLAINT against John M Cerniglia, filed by John M Cerniglia. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Halpern, Jay)
November 20, 2023 Filing 14 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by David J. Giannone. Attorney Adam Mark Balkan added to party David J. Giannone(pty:dft). Responses due by 12/4/2023 (Balkan, Adam)
November 3, 2023 Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by John M Cerniglia. (Halpern, Jay)
November 3, 2023 Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by John M Cerniglia. John M Cerniglia served on 11/3/2023, response/answer due 11/27/2023. (Halpern, Jay)
November 2, 2023 Filing 11 Summons Issued as to David J. Giannone, Nauticstar, LLC. (kpe) (Main Document 11 replaced on 11/2/2023) (kpe).
November 2, 2023 Filing 10 NOTICE of Filing Proposed Summons(es) by John M Cerniglia (Attachments: #1 Summon(s), #2 Summon(s)) (Halpern, Jay)
November 1, 2023 Opinion or Order Filing 9 ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 11/1/2023. See attached document for full details. (mee)
November 1, 2023 Opinion or Order Filing 8 ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING, granting #5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Aaron E. Schwartz ; granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Aaron E. Schwartz. Signed by Judge William P. Dimitrouleas on 11/1/2023. See attached document for full details. (mee)
October 31, 2023 Filing 7 Plaintiff's NOTICE by John M Cerniglia of FIling Civil Cover Sheet (Attachments: #1 Exhibit Civil Cover Sheet) (Halpern, Jay)
October 31, 2023 Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aaron E. Schwartz. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #5 Motion to Appear Pro Hac Vice, by John M Cerniglia. Responses due by 11/14/2023 (Attachments: #1 Exhibit AES Certification, #2 Exhibit Order Granting Pro Hac)(Halpern, Jay)
October 31, 2023 Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aaron E. Schwartz. Filing Fee $ 200.00 Receipt # AFLSDC-17037112 by John M Cerniglia. Responses due by 11/14/2023 (Attachments: #1 Exhibit AES Certification)(Halpern, Jay)
October 31, 2023 Filing 4 Bar Letter re: Admissions sent to attorney Aaron E. Schwartz, mailing date October 31, 2023, (pt)
October 31, 2023 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. (wce)
October 31, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (wce)
October 31, 2023 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-17035682, filed by John M Cerniglia.(Halpern, Jay)

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Search for this case: Cerniglia v. Nauticstar et al
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Plaintiff: John M Cerniglia
Represented By: Jay Halpern
Represented By: Aaron E. Schwartz
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Defendant: Nauticstar, LLC
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Defendant: David J. Giannone doing business as Complete Marine
Represented By: Adam Mark Balkan
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Cross claimant: David J. Giannone
Represented By: Adam Mark Balkan
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