Steelers Keys, LLC et al v. High Tech National, LLC et al
| Randy Fieler, Juan Moore, David Slinger, Steelers Keys, LLC, Kenneth Garbez and Rodisbel Alvarez |
| Kar Auction Services, Inc., Automotive Key Controls, LLC, High Tech National, LLC and Adesa, Inc. |
| 1:2019cv23630 |
| August 29, 2019 |
| U.S. District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Contract: Other |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 30 REPLY to Response to Motion re #15 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, Defendants' Motion and Memorandum in Support of Dismissal, Transfer, or Stay filed by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc.. (McElroy, Dana) |
| Filing 29 RESPONSE in Opposition re #15 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, Defendants' Motion and Memorandum in Support of Dismissal, Transfer, or Stay filed by Rodisbel Alvarez, Randy Fieler, Kenneth Garbez, Juan Moore, David Slinger, Steelers Keys, LLC. Replies due by 10/25/2019. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gale, James) |
Filing 28
PAPERLESS ORDER: On October 16, 2019, the Plaintiffs filed an "Expedited Motion to Enforce the Court's Order Requiring Discovery and Scheduling Conference" #21 . The Court's initial order in this case requires the parties to meet and confer by October 25, 2019. The Plaintiffs are complaining that the Defendants have not made themselves available to meet and confer as required by the Court's order. They request that this Court somehow order the enforcement of an Order that has not yet been violated. And the Plaintiffs request that the Court rule by October 21, 2019 at 11:30 a.m. so they can update the court in a related case currently pending in the Southern District of Indiana regarding the status of this case. The Court finds this motion entirely inappropriate. The Court cannot enforce a deadline that has not yet lapsed. The Court cannot order the parties to confer by October 21 when the deadline is October 25, 2019. The Court will not referee every interaction between plaintiffs' counsel and defendants' counsel in this case. Every motion that has been filed to date attaches various strings of emails to show the Court that the parties were unable to confer. The Certificate of Service in the latest motion says that "Plaintiffs' counsel refused to say whether Plaintiffs' support or oppose this motion." That is also improper. The Local Rules' pre-filing conferral requirement seeks to avoid the unnecessary expenditure of judicial resources resolving motions that are not opposed. In some circumstances, the pre-filing-conference requirement allows the court to determine if it needs to wait for a response from the opposing party before ruling on the motion. Needless motions, such as the one filed by Plaintiffs' counsel in this case, are an unnecessary drain of the Courts resources. The Court admonishes counsel for both parties of their duty of courtesy and cooperation with fellow professionals for the efficient administration of our system. The Plaintiffs' motion #21 is denied. Signed by Judge Robert N. Scola, Jr on 10/18/2019. (jaa)
|
| Filing 27 RESPONSE to Motion re #21 Plaintiff's MOTION to Enforce this Court's Order Requiring Discovery and Scheduling Conference re #5 Order, Order Referring Case to Magistrate Judge Defendants' Response to Plaintiffs' Expedited Motion to Enforce this Court's Order Requiring Discovery and Scheduling Conference filed by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc.. Replies due by 10/25/2019. (Attachments: #1 Exhibit Declaration of Blaine Kimrey)(McElroy, Dana) |
|
Filing 26
PAPERLESS ORDER: The Court denies without prejudice #25 the Plaintiffs' motion to exceed the page limits. Plaintiffs have not complied with the Southern District of Florida's CM/ECF Administrative Procedures Rule 3I(1) which states, in part: "If a document to be filed requires a motion requesting leave of Court (e.g., an amended complaint, a document to be filed out of time, or a document exceeding the page limitation), the proposed document shall be submitted as a PDF attachment to the motion." This allows a court to review the proposed filing to evaluate whether excess pages are necessary. It is the Court's experience an enlarged brief does not assist the Court because it is belabored with repetitive arguments. The Plaintiffs failed to establish some special need for excess pages, and the motion is denied. Signed by Judge Robert N. Scola, Jr. on 10/17/2019. (jaa)
|
| Filing 25 Plaintiff's MOTION to Expedite Leave to File Opposition to Defendants' Motion to Dismiss, Transfer, or Stay in Excess of Page Limits by Rodisbel Alvarez, Randy Fieler, Kenneth Garbez, Juan Moore, David Slinger, Steelers Keys, LLC. (Attachments: #1 Text of Proposed Order)(Horowitz, Matthew) |
|
Filing 24
PAPERLESS ORDER: Given the time sensitive nature of #21 the Plaintiff's motion, the Court orders the Defendants to respond by 12 noon on October 18, 2019. Signed by Judge Robert N. Scola, Jr. (jaa)
|
|
Filing 23
PAPERLESS ORDER: The Court grants #18 , #19 , and #20 counsels' motions to appear pro hac vice. Attorneys Blaine C. Kimrey, Bryan K. Clark, and Jonathan P. Reinisch are given permission to appear and participate in this matter on behalf of Defendants. The Clerk is directed to provide these attorneys with notification of all electronic filings via the email addresses set forth in the motions. Signed by Judge Robert N. Scola, Jr. (jaa)
|
| Filing 22 MOTION to Stay Defendants' Motion and Supporting Memorandum to Stay Discovery Pending Ruling on their Motion to Dismiss, Transfer, or Stay by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc.. Responses due by 10/30/2019 (Attachments: #1 Exhibit Exhibit A)(McElroy, Dana) |
| Filing 21 Plaintiff's MOTION to Enforce this Court's Order Requiring Discovery and Scheduling Conference re #5 Order, Order Referring Case to Magistrate Judge by Rodisbel Alvarez, Randy Fieler, Kenneth Garbez, Juan Moore, David Slinger, Steelers Keys, LLC. Attorney Arthur Robert Weaver added to party Rodisbel Alvarez(pty:pla), Attorney Arthur Robert Weaver added to party Randy Fieler(pty:pla), Attorney Arthur Robert Weaver added to party Kenneth Garbez(pty:pla), Attorney Arthur Robert Weaver added to party Juan Moore(pty:pla), Attorney Arthur Robert Weaver added to party David Slinger(pty:pla), Attorney Arthur Robert Weaver added to party Steelers Keys, LLC(pty:pla). (Attachments: #1 Exhibit A)(Weaver, Arthur) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathon Reinisch. Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Filing Fee $ 75.00 Receipt # 113C-12068703 by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc.. Responses due by 10/30/2019 (Attachments: #1 Text of Proposed Order)(McElroy, Dana) |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bryan Clark. Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Filing Fee $ 75.00 Receipt # 113C-12068679 by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc.. Responses due by 10/30/2019 (Attachments: #1 Text of Proposed Order)(McElroy, Dana) |
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Blaine Kimrey. Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing Filing Fee $ 75.00 Receipt # 113C-12068605 by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc.. Responses due by 10/30/2019 (Attachments: #1 Text of Proposed Order)(McElroy, Dana) |
| Filing 17 Corporate Disclosure Statement by Steelers Keys, LLC (Gale, James) |
| Filing 16 Defendant's Corporate Disclosure Statement by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc. (McElroy, Dana) |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, Defendants' Motion and Memorandum in Support of Dismissal, Transfer, or Stay by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc.. Responses due by 10/18/2019 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Text of Proposed Order Text of Proposed Order)(McElroy, Dana) |
|
Filing 14
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 10/1/2019. See attached document for full details. (mdc)
|
| Set/Reset Answer Due Deadline as per DE 13 : All Defendants. (lk) |
|
Filing 13
PAPERLESS ORDER: The Court grants in part and denies in part #10 the Defendant's motion for an extension of time. The Defendants' response to the Plaintiff's complaint is due on or before October 4, 2019. Signed by Judge Robert N. Scola, Jr. on 9/20/2019. (jaa)
|
| Filing 12 RESPONSE in Opposition re #10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, Motion for Extension of Responsive Pleading Deadline filed by Rodisbel Alvarez, Randy Fieler, Kenneth Garbez, Juan Moore, David Slinger, Steelers Keys, LLC. Replies due by 9/27/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Gale, James) |
|
Filing 11
PAPERLESS ORDER: The Court hereby orders the Plaintiffs to respond to the Defendant's motion for an extension of time by 12 noon on September 20, 2019. The Defendants' motion for an extension of time is 25 paragraphs long. Of those 25 paragraphs, 12 of them are dedicated to explaining Defendants' counsels efforts to confer with Plaintiffs' counsel regarding this simple motion. The Defendants also attached a 13 page exhibit to demonstrate the email traffic between the parties. The conferral efforts have been going on since at least Monday in an effort to confer before Friday's deadline to respond to the complaint. Now that the motion is opposed, the Court is obligated to wait for the Plaintiffs to file their opposition. Therefore, the Plaintiffs' response to the motion, or notice that the parties have otherwise reached an agreement about the requested relief, is due by noon on September 20, 2019. Signed by Judge Robert N. Scola, Jr. on 9/19/2019. (jaa)
|
| Filing 10 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, Motion for Extension of Responsive Pleading Deadline by Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc.. Attorney Dana Jane McElroy added to party Adesa, Inc.(pty:dft), Attorney Dana Jane McElroy added to party Automotive Key Controls, LLC(pty:dft), Attorney Dana Jane McElroy added to party High Tech National, LLC(pty:dft), Attorney Dana Jane McElroy added to party Kar Auction Services, Inc.(pty:dft). (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order)(McElroy, Dana) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Steelers Keys, LLC. Adesa, Inc. served on 8/30/2019, answer due 9/20/2019. (Gale, James) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Steelers Keys, LLC. High Tech National, LLC served on 8/30/2019, answer due 9/20/2019. (Gale, James) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Steelers Keys, LLC. Kar Auction Services, Inc. served on 8/30/2019, answer due 9/20/2019. (Gale, James) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Steelers Keys, LLC. Automotive Key Controls, LLC served on 8/30/2019, answer due 9/20/2019. (Gale, James) |
|
Filing 5
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 9/4/2019. See attached document for full details. (ar2)
|
| Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (ar2) |
| Filing 3 Summons Issued as to Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC, Kar Auction Services, Inc. (ar2) |
| 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. 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. (ar2) |
| Filing 1 COMPLAINT against Adesa, Inc., Automotive Key Controls, LLC, High Tech National, LLC d/b/a High Tech Locksmiths, Kar Auction Services, Inc.. Filing fees $ 400.00 receipt number 113C-11945189, filed by Randy Fieler, Rodisbel Alvarez, Juan Moore, David Slinger, Steelers Keys, LLC, Kenneth Garbez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) High Tech, #3 Summon(s) Automotive Key Controls, #4 Summon(s) Kar Auction Services, #5 Summon(s) Adesa, Inc., #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E)(Gale, James) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
