Moore & Company, P.A. v. Kallop
Moore & Company, P.A. |
William M. Kallop, Brent Kallop and Brooks Kallop |
1:2017cv24181 |
November 15, 2017 |
US District Court for the Southern District of Florida |
Miami Office |
Miami-Dade (Office: Miami) |
Darrin P Gayles |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Plaintiff |
Docket Report
This docket was last retrieved on October 7, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 81 NOTICE OF OUTCOME OF SETTLEMENT CONFERENCE. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/7/2021. See attached document for full details. (gzu) |
Filing 82 PAPERLESS Minute Entry for Zoom proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Settlement Conference held on 10/6/2021. Total time in court: 2 hour(s) : 47 minutes. Attorney Appearance(s): Clay Michael Naughton appeared on behalf of Plaintiff. Jason N. Goldman appeared on behalf of the Decedent Defendant. Brooks and Brent Kallop were present as representatives of the Decedent Defendant. Matter settled. See Notice of Outcome of Settlement Conference entered D.E. #81 . (Zoom_AOR_10-06-2021_01 (DAR Back-up 10:33:40 - 10:58:47 and 13:12:00 - 13:15:30 )) (sl) |
Filing 80 NOTICE of Settlement by Brent Kallop, Brooks Kallop, William M. Kallop (Goldman, Jason) |
Filing 79 NOTICE of Settlement by Moore & Company, P.A. (Naughton, Clay) |
Filing 78 NOTICE by Moore & Company, P.A. re 74 Order Setting Status Conference, (Attachments: #1 Exhibit PROPOSED SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE) (Naughton, Clay) |
Filing 77 NOTICE of Attorney Appearance by Michael T. Moore on behalf of Moore & Company, P.A. (Moore, Michael) |
Filing 76 Order Scheduling Settlement Conference for 10/6/2021 at 10:30 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/27/2021. See attached document for full details. (gzu) |
Filing 75 PAPERLESS ORDER referring case to Magistrate Judge Alicia Otazo-Reyes for a settlement conference to occur within sixty (60) days of the date of this Order. The parties shall contact Judge Otazo-Reyes's chambers directly to schedule the conference. Signed by Judge Darrin P. Gayles (hs01) |
Filing 74 PAPERLESS ORDER Setting Status Conference: Telephonic Status Conference set for 9/8/2021 at 10:00 AM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01) |
Filing 73 PAPERLESS ORDER denying Defendants' Motion for Summary Judgment as to All Counts #60 , denying Plaintiff's Motion for Summary Judgment #65 , and denying Defendants' Cross-Motion for Partial Summary Judgment #69 . The Court finds that there are genuine issues of material fact as to whether the parties agreed to settle the claims in this action. Accordingly, Defendants' Motion for Summary Judgment #60 , based entirely on the existence of a settlement agreement, is denied. With respect to Plaintiff's Motion, Defendants failed to properly respond to Plaintiffs Statement of Material Facts in Support of Its Motion for Summary Judgment #66 . See Southern District of Florida Local Rule 56.1(b)(2) (requiring "an opponent's statement of material fact [to] correspond with the order and paragraph numbering format used by the movant [and to] use, as the very first word in each paragraph-by-paragraph response, the word 'disputed' or 'undisputed.'"). As a result, Defendants are deemed to have admitted the facts raised in docket entry 66. See S.D. Fla. L.R. 56.1(c). However, because disputed issues of material fact remain as to whether William Kallop and Plaintiff agreed to settle this action, Plaintiff's Motion for Summary Judgment must be denied. Finally, Local Rule 7.1(c)(2) prohibits the filing of multiple motions for partial summary judgment. Accordingly, Defendants' Cross-Motion for Partial Summary Judgment must be denied. This matter is set for a telephonic status conference on September 8, 2021, at which time the Court will set a date for trial and address any additional scheduling issues. Counsel shall enter their appearances using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01) |
Filing 72 Statement of: PLAINTIFFS REPLY TO KALLOPS STATEMENT OF MATERIAL FACTS IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT by Moore & Company, P.A. re #70 Statement (Naughton, Clay) |
Filing 71 REPLY to Response to Motion re #65 MOTION for Summary Judgment filed by Moore & Company, P.A.. (Naughton, Clay) |
Filing 70 Statement of: Disputed Facts in Opposition to Plaintiff's Motion for Summary Judgment by Brent Kallop, Brooks Kallop, William M. Kallop re #65 MOTION for Summary Judgment (Goldman, Jason) |
Filing 69 RESPONSE in Opposition re #65 MOTION for Summary Judgment and Defendants' Cross-Motion for Partial Summary Judgment filed by Brent Kallop, Brooks Kallop, William M. Kallop. Replies due by 2/8/2021. (Attachments: #1 Exhibit Exhibit "A")(Goldman, Jason) |
Set/Reset Deadlines as to #65 MOTION for Summary Judgment . Responses due by 2/1/2021. SEE DE 68 ORDER (ail) |
Filing 68 PAPERLESS ORDER granting #67 Motion for Extension of Time. Defendants shall respond to Plaintiff's Motion for Summary Judgment on or before February 1, 2021. Signed by Judge Darrin P. Gayles (hs01) |
Filing 67 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #65 MOTION for Summary Judgment by Brent Kallop, Brooks Kallop, William M. Kallop. (Attachments: #1 Text of Proposed Order)(Goldman, Jason) |
Filing 66 Statement of: MATERIAL FACTS IN SUPPORT OF PLAINTFF'S MOTION FOR SUMMARY JUDGMENT by Moore & Company, P.A. re #65 MOTION for Summary Judgment (Attachments: #1 Affidavit)(Naughton, Clay) |
Filing 65 MOTION for Summary Judgment by Moore & Company, P.A.. Responses due by 1/22/2021 (Naughton, Clay) |
Filing 64 Defendant's REPLY to #61 Response in Opposition to Motion by Brent Kallop, Brooks Kallop. (Goldman, Jason) |
Filing 63 NOTICE by Moore & Company, P.A. re #62 Response in Opposition to Motion, NOTICE OF FILING EXHIBITS OMITTED FROM [DE 62] PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF MATERIAL FACTS (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Naughton, Clay) |
Filing 62 RESPONSE in Opposition re #60 MOTION for Summary Judgment as to All Counts Response to Defendants' Material Facts and Plaintiff's Additional Material Facts filed by Moore & Company, P.A.. Replies due by 11/17/2020. (Naughton, Clay) |
Filing 61 RESPONSE in Opposition re #60 MOTION for Summary Judgment as to All Counts filed by Moore & Company, P.A.. Replies due by 11/17/2020. (Naughton, Clay) |
Filing 60 MOTION for Summary Judgment as to All Counts by Brent Kallop, Brooks Kallop, William M. Kallop. Responses due by 11/10/2020 (Attachments: #1 Exhibit Exhibit "A", #2 Exhibit Exhibit "B")(Goldman, Jason) |
Filing 59 Joint SCHEDULING REPORT - Rule 16.1 by Moore & Company, P.A. (Attachments: #1 Exhibit Proposed Scheduling Order)(Naughton, Clay) |
Filing 58 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Moore & Company, P.A. (Naughton, Clay) |
Filing 57 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Brent Kallop, Brooks Kallop, William M. Kallop (Goldman, Jason) |
Filing 56 ANSWER and Affirmative Defenses to Amended Complaint by Brent Kallop, Brooks Kallop. (Goldman, Jason) |
Filing 55 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before August 21, 2020, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01) |
Filing 54 ORDER denying #48 Defendant's Motion to Dismiss Plaintiff's Amended Complaint. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01) |
Filing 53 PAPERLESS ORDER granting #47 Defendants' Motion to Take Judicial Notice as Plaintiff has failed to respond. The Court takes judicial notice of Plaintiff's Authenticated Unsecured Claim filed in the Estate of William Moore Kallop, Deceased, Case No. 475,050, in the Probate Court Number 4, Harris County, Texas. Signed by Judge Darrin P. Gayles (hs01) |
Filing 52 PAPERLESS ORDER granting #50 Motion for Extension of Time to File Reply in Support of Motion to Dismiss. Signed by Judge Darrin P. Gayles (hs01) |
Filing 51 REPLY to Response to Motion re #48 MOTION to Dismiss #37 Amended Complaint filed by Brent Kallop, Brooks Kallop, William M. Kallop. (Goldman, Jason) |
Filing 50 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #48 MOTION to Dismiss #37 Amended Complaint , #49 Response in Opposition to Motion by Brent Kallop, Brooks Kallop, William M. Kallop. (Attachments: #1 Text of Proposed Order Proposed Order)(Goldman, Jason) |
Filing 49 RESPONSE in Opposition re #48 MOTION to Dismiss #37 Amended Complaint filed by Moore & Company, P.A.. Replies due by 2/20/2020. (Naughton, Clay) |
Filing 48 MOTION to Dismiss #37 Amended Complaint by Brent Kallop, Brooks Kallop. Responses due by 2/13/2020 (Attachments: #1 Exhibit Exhibit "1", #2 Exhibit Exhibit "2", #3 Text of Proposed Order Proposed Order on Motion to Dismiss Amended Complaint)(Goldman, Jason) |
Filing 47 MOTION to Take Judicial Notice and Incorporated Memorandum of Law by Brent Kallop, Brooks Kallop. Attorney Jason N Goldman added to party Brent Kallop(pty:dft), Attorney Jason N Goldman added to party Brooks Kallop(pty:dft). (Attachments: #1 Exhibit Exhibit "1", #2 Text of Proposed Order Proposed Order on Motion to Take Judicial Notice and Incorporated Memorandum of Law)(Goldman, Jason) |
Filing 46 ORDER granting #39 Plaintiff's Motion for Substitution of Party. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01) |
Filing 45 REPLY to Response to Motion re #39 Plaintiff's MOTION to Substitute Party filed by Moore & Company, P.A.. (Naughton, Clay) |
Filing 44 RESPONSE in Opposition re #39 Plaintiff's MOTION to Substitute Party filed by William M. Kallop. Replies due by 6/17/2019. (Goldman, Jason) |
Filing 43 NOTICE by William M. Kallop 's Estate of Limited Appearance of Davis Goldman, PLLC (Goldman, Jason) |
Filing 42 NOTICE by Moore & Company, P.A. Amended Notice of Filing Affidavit of Return of Service (Attachments: #1 Exhibit 1) (Naughton, Clay) |
Filing 41 NOTICE by Moore & Company, P.A. re #39 Plaintiff's MOTION to Substitute Party Affidavit of Return of Service Executed on Brent McKinley Kallop (Attachments: #1 Exhibit Affidavit of Return of Service) (Naughton, Clay) |
Filing 40 PAPERLESS ORDER granting #38 Motion for Extension of Time. The deadline to respond to the Amended Complaint [DE 37] is extended until thirty (30) days from the date on which a real party in interest may be successfully substituted as the party-defendant. Signed by Judge Darrin P. Gayles (hs01) |
Filing 39 Plaintiff's MOTION to Substitute Party by Moore & Company, P.A.. Responses due by 5/16/2019 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Naughton, Clay) |
Filing 38 MOTION for Extension of Time to File Response/Reply/Answer as to #37 Amended Complaint by William M. Kallop. (Attachments: #1 Text of Proposed Order)(Goldman, Jason) |
Filing 37 AMENDED COMPLAINT against William M. Kallop, filed by Moore & Company, P.A.. (Attachments: #1 Exhibit Engagement Letter, #2 Exhibit Composite Invoices)(Naughton, Clay) |
Filing 36 SUGGESTION OF DEATH by William M. Kallop (Goldman, Jason) |
Filing 35 PAPERLESS ORDER granting #30 Defendant's Motion to Dismiss Pursuant to Rule 12(b)(1) for Failure to Plead and Invoke Subject Matter Jurisdiction. Plaintiff's Complaint is DISMISSED without prejudice. Plaintiff may file an amended complaint, adequately alleging the citizenship of the parties, within ten (10) days of the date of this Order. Signed by Judge Darrin P. Gayles (hs01) |
Filing 34 Notification of Ninety Days Expiring by Moore & Company, P.A. re #30 Defendant's MOTION to Dismiss #1 Complaint, for Failure to Plead and Invoke Subject Matter Jurisdiction filed by William M. Kallop (Naughton, Clay) |
Filing 33 NOTICE of Striking #31 Response in Opposition to Motion filed by Moore & Company, P.A. by Moore & Company, P.A. (Naughton, Clay) |
Filing 32 RESPONSE in Opposition re #30 Defendant's MOTION to Dismiss #1 Complaint, for Failure to Plead and Invoke Subject Matter Jurisdiction filed by Moore & Company, P.A.. Replies due by 9/28/2018. (Naughton, Clay) |
Filing 31 **STRICKEN**RESPONSE in Opposition re #30 Defendant's MOTION to Dismiss #1 Complaint, for Failure to Plead and Invoke Subject Matter Jurisdiction filed by Moore & Company, P.A.. Replies due by 9/28/2018. (Naughton, Clay) Text Modified on 9/24/2018 per DE #33 NOTICE of Striking(ail). |
Filing 30 Defendant's MOTION to Dismiss #1 Complaint, for Failure to Plead and Invoke Subject Matter Jurisdiction by William M. Kallop. Responses due by 9/21/2018 (Goldman, Jason) |
Filing 29 PAPERLESS ORDER denying as moot #21 Plaintiff's Motion for Default Judgment. Signed by Judge Darrin P. Gayles (hs01) |
Filing 28 PAPERLESS ORDER granting #23 Motion for Extension of Time. Defendant shall respond to the Complaint within ten (10) days of the date of this Order. Signed by Judge Darrin P. Gayles (hs01) |
Filing 27 PAPERLESS ORDER granting #25 Amended Motion to Vacate Clerk's Default. The Clerk's Default is vacated. Defendant shall respond to the Complaint within ten (10) days of the date of this Order. Signed by Judge Darrin P. Gayles (hs01) |
Filing 26 RESPONSE to Motion re #25 Amended MOTION to Vacate Clerk's Default filed by Moore & Company, P.A.. Replies due by 8/23/2018. (Naughton, Clay) |
Filing 25 Amended MOTION to Vacate Clerk's Default by William M. Kallop. Responses due by 8/16/2018 (Attachments: #1 Text of Proposed Order)(Goldman, Jason) |
Filing 24 MOTION to Vacate Clerk's Default by William M. Kallop. Responses due by 8/15/2018 (Attachments: #1 Text of Proposed Order)(Goldman, Jason) |
Filing 23 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Complaint by William M. Kallop. (Attachments: #1 Text of Proposed Order)(Goldman, Jason) |
Filing 22 NOTICE of Attorney Appearance by Jason N Goldman on behalf of William M. Kallop. Attorney Jason N Goldman added to party William M. Kallop(pty:dft). (Goldman, Jason) |
Filing 21 Plaintiff's MOTION for Judgment Final Default Judgment After Default Against Defendant William M. Kallop by Moore & Company, P.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order)(Naughton, Clay) |
Filing 20 ENDORSED Order Closing Case for administrative purposes in light of the clerk's default. Plaintiff shall move for final default judgment on or before July 9, 2018. Signed by Judge Darrin P. Gayles (hs01) |
Filing 19 **VACATED**Clerks Entry of Default as to WILLIAM M. KALLOP - Motions Terminated: #18 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 6/26/2018. (dj) Modified on 8/30/2018 per DE 27 ORDER (ail). |
Filing 18 MOTION for Clerks Entry of Default as to William M. Kallop by Moore & Company, P.A.. (Naughton, Clay) |
Filing 17 AMENDED ENDORSED ORDER REOPENING CASE. Plaintiff has served Defendant pursuant to Florida's substitute service statue Fla. Stat. 48.161. Defendant, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the Defendant. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiffs failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendant with a copy of this Order via certified mail at Defendant's last known mailing address. Signed by Judge Darrin P. Gayles (hs01) |
Filing 16 ENDORSED ORDER REOPENING CASE. Plaintiff has been served pursuant to Florida's substitute service statue Fla. Stat. 48.161. Defendant, however, has failed to plead or otherwise defend this action after being served with process. Accordingly, within five (5) days of the date of this Order, Plaintiff shall file for entry of default by the Clerk as to the Defendant. Within ten (10) days of entry of default by the Clerk, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiffs failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Plaintiff shall immediately provide Defendant with a copy of this Order via certified mail at Defendant's last known mailing address. Signed by Judge Darrin P. Gayles (hs01) |
Filing 15 NOTICE of Compliance by Moore & Company, P.A. re 14 Order on Motion for Extension of Time, (Attachments: #1 Affidavit) (Naughton, Clay) |
Filing 14 ENDORSED ORDER granting #13 Motion for Extension of Time. Plaintiff Moore & Company, P.A., shall have an additional (30) thirty-days from the date of this Order to serve the Defendant, William M. Kallop. Signed by Judge Darrin P. Gayles (hs01) |
Filing 13 Second MOTION for Extension of Time to serve Defendant by Moore & Company, P.A.. Responses due by 5/29/2018 (Attachments: #1 Text of Proposed Order Granting Motion)(Naughton, Clay) |
Filing 12 Administrative Order Closing Case. Signed by Judge Darrin P. Gayles (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. |
Filing 11 ENDORSED ORDER granting #10 Motion for Extension of Time to Serve Defendant. Plaintiff shall have an additional ninety days to serve Defendant. This matter is STAYED and closed for administrative purposes pending proper service on Defendant. Plaintiff may move to reopen at any time. Signed by Judge Darrin P. Gayles (hs01) |
Filing 10 Plaintiff's MOTION for Extension of Time to Serve Defendant William M. Kallop, a Texas resident re #1 Complaint, by Moore & Company, P.A.. Responses due by 2/27/2018 (Attachments: #1 Text of Proposed Order, #2 Exhibit Texas Affidavits of Non-Service, #3 Exhibit Ltr to Sec of State Kallop, #4 Exhibit Sec of State Service Accepted, #5 Exhibit Certified Ltrs Svc of Process, #6 Exhibit Certified tracking Svc of Process)(Naughton, Clay) |
Filing 9 Summons Issued as to William M. Kallop. (dj) |
Filing 8 NOTICE of Filing Proposed Summons(es) by Moore & Company, P.A. (Attachments: #1 Summon(s)) (Naughton, Clay) |
Filing 7 Summons (Affidavit) Returned Unexecuted by Moore & Company, P.A. as to William M. Kallop. (Attachments: #1 Affidavit)(Naughton, Clay) |
Filing 6 NOTICE of Striking #5 Notice of Filing Proposed Summons(es) filed by Moore & Company, P.A. by Moore & Company, P.A. (Naughton, Clay) |
Filing 5 STRICKEN NOTICE of Filing Proposed Summons(es) by Moore & Company, P.A. (Naughton, Clay) Modified on 12/12/2017 stricken per #6 (dj). |
Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles (hs01) |
Filing 3 Summons Issued as to William M. Kallop. (ail) |
Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (ail) |
Filing 1 COMPLAINT against William M. Kallop. Filing fees $ 400.00 receipt number 113C-10190884, filed by Moore & Company, P.A.. (Attachments: #1 Exhibit Engagement Letter, #2 Exhibit Invoices, #3 Civil Cover Sheet, #4 Summon(s))(Naughton, Clay) |
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