General Property Construction Co. v. Empire Office, Inc.
| General Property Construction Co. |
| Empire Office, Inc. |
| Erik Dreke |
| 1:2018cv23688 |
| September 10, 2018 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 17, 2019. A more recent docket listing may be available from PACER.
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| Filing 17 REPLY to Response to Motion re #10 MOTION TO DISMISS #6 Answer to Complaint,, Third Party Complaint,, Counterclaim, FOR FAILURE TO STATE A CLAIM filed by Erik Dreke. Attorney Nestor Bustamante, III added to party Erik Dreke(pty:3pd). (Bustamante, Nestor) |
| Filing 16 RESPONSE in Opposition re #10 MOTION TO DISMISS #6 Answer to Complaint,, Third Party Complaint,, Counterclaim, FOR FAILURE TO STATE A CLAIM filed by Empire Office, Inc.. Replies due by 11/5/2018. (Hayes, Rosemary) |
Filing 15
Scheduling Order And Order Of Referral To Mediation: ( Jury Trial set for 9/30/2019 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 9/24/2019 09:00 AM in Miami Division before Judge Robert N. Scola Jr., Mediation Deadline 6/25/2019.) Signed by Judge Robert N. Scola, Jr on 10/23/2018. See attached document for full details. (vmz) #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 14
PAPERLESS ORDER granting Empire Office, Inc.'s unopposed motion for extension of time to respond to the motion to dismiss filed by Erik Dreke #13 . Empire Office, Inc. shall respond to the motion to dismiss by October 29, 2018. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION TO DISMISS #6 Answer to Complaint,, Third Party Complaint,, Counterclaim, FOR FAILURE TO STATE A CLAIM until Monday, October 29, 2018 by Empire Office, Inc.. (Attachments: #1 Text of Proposed Order)(Hayes, Rosemary) |
| Filing 12 Joint SCHEDULING REPORT - Rule 26(f) by Empire Office, Inc. (Attachments: #1 Exhibit 1 - ESI Checklist for Rule 26(f) Conference, #2 Text of Proposed Order Scheduling Order And Order Of Referral To Mediation)(Hayes, Rosemary) |
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Filing 11
PAPERLESS ORDER: The Court requires the parties to file their joint discovery plan and conference report. Previously, the Court ordered the parties to file that report 35 days, at the latest, after the date of removal. See Scheduling Order #4 . To date, the parties have not filed the report. The Court orders the parties to submit their joint discovery plan and conference report by October 29, 2018. Future violations of the Courts orders may result in sanctions, up to and including the striking of a partys pleadings or dismissal of this case. Cf. Powell v. Siegal, 447 F. Appx 92, 94 (11th Cir. 2011) (Rule 16(f) authorizes a court to impose sanctions, including dismissal under Rule 37(b)(2)(A)(v), if a party fails to obey a pretrial order.). Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 10 MOTION TO DISMISS #6 Answer to Complaint,, Third Party Complaint,, Counterclaim, FOR FAILURE TO STATE A CLAIM by Erik Dreke. Attorney Nestor Bustamante, III added to party Erik Dreke(pty:crd). Responses due by 10/22/2018 (Bustamante, Nestor) |
| Filing 9 ANSWER and Affirmative Defenses to Complaint by General Property Construction Co.. (Bustamante, Nestor) |
| Filing 8 Summons Issued as to Erik Dreke. (vmz) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Empire Office, Inc. (Hayes, Rosemary) |
| Filing 6 ANSWER and Affirmative Defenses to Complaint , THIRD PARTY COMPLAINT under Rule 19(a) against Erik Dreke, COUNTERCLAIM against General Property Construction Co. by Empire Office, Inc.. (Attachments: #1 Exhibit 1)(Hayes, Rosemary) |
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Filing 5
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 9/13/2018. See attached document for full details. (mdc)
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Filing 4
ORDER Requiring Discovery and Scheduling Conference and ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive and Discoery Matters. Signed by Judge Robert N. Scola, Jr on 9/11/2018. See attached document for full details. (mc)
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Filing 3
PAPERLESS ORDER requiring the Defendant to refile its answer and affirmative defenses. Defendant's notice of removal attaches an "answer, defenses, counterclaim & complaint against joined party under Rule 19(a)" [1-13]. That document was not filed in the state court, and is not properly included in the notice of removal. See 28 U.S.C. 1446(a) (requiring removing party to file "a copy of all process, pleadings, and orders served upon such defendant or defendants" in the state court). Defendant shall refile its answer and affirmative defenses as a separate docket entry. To the extent Defendant seeks to join third party Erik Dreke, it may seek to do so as permitted by Rule 19. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (lh) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-10978963, filed by Empire Office, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit State Court Summons, #4 Exhibit State Court Complaint, #5 Exhibit State Court Complaint Ex 1-B (sic), #6 Exhibit State Court Complaint Ex C-G, #7 Exhibit State Court Complaint Ex H-1, #8 Exhibit State Court Complaint Ex H-2, #9 Exhibit State Court Complaint Ex H-3, #10 Exhibit State Court Complaint Ex I, #11 Exhibit Email Designation and NOA, #12 Docket Sheet, #13 Exhibit Answer Defenses Counterclaim Complaint, #14 Exhibit Exhibit 1 to Counterclaim)(Hayes, Rosemary) |
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