Trident Crisis Management, Inc. v. Hawley
| Trident Crisis Management, Inc. |
| Gregory Hawley, as Conservator of the Estate of Joann F. Bashinsky, Joann F Bashinsky, Landon Ash and Gregory Hawley |
| 1:2020cv20682 |
| February 14, 2020 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Jonathan Goodman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on October 9, 2020. A more recent docket listing may be available from PACER.
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Filing 63
ORDER of Dismissal. The Clerk will CLOSE this case. The Court DENIES as moot any pending motions. Signed by Judge Marcia G. Cooke on 10/8/2020. See attached document for full details. (kpe)
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| Filing 62 NOTICE of Voluntary Dismissal by Trident Crisis Management, Inc. (Quaranta, John) |
| Filing 61 MOTION to Intervene for Jeffrey D. Dyess for Limited Purpose by Joann F Bashinsky. (Mayfield, Robert) |
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Filing 60
PAPERLESS ORDER granting #59 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jeffrey D. Dyess. Signed by Magistrate Judge Jonathan Goodman on 10/8/2020. (km03)
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| Filing 59 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeffrey D. Dyess. Filing Fee $ 200.00 Receipt # AFLSDC-13654170 by Landon Ash, Joann F Bashinsky. Responses due by 10/21/2020 (Mayfield, Robert) |
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Filing 58
PAPERLESS ORDER granting #56 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Troy King. Signed by Magistrate Judge Jonathan Goodman on 10/5/2020. (km03)
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| Filing 57 NOTICE of Compliance by Trident Crisis Management, Inc. (Quaranta, John) |
| Filing 56 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Troy King. Filing Fee $ 200.00 Receipt # AFLSDC-13629751 by Joann F Bashinsky. Responses due by 10/19/2020 (Lechich, Brian) |
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Filing 55
Post-Discovery Hearing Administrative ORDER. Signed by Magistrate Judge Jonathan Goodman on 10/2/2020. See attached document for full details. (km03)
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| Filing 54 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Discovery Hearing held on 10/2/2020. Post-Hearing Administrative Order to follow. Total time in court: 1 hour(s) : 15 minutes. Attorney Appearance(s): Andreas M. Kelly, Brian John Lechich, John Marion Quaranta, Tony King. (Digital JG_01_10-02-2020) (fbn) |
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Filing 53
PAPERLESS ORDER striking #52 Motion for Protective Order. The Undersigned strikes Defendant Lash's Motion for a Protective Order because it violates the on-file Discovery Procedures Order [ECF No. 4, Attachment F], which expressly and unequivocally prohibits discovery motions such as this one. Signed by Magistrate Judge Jonathan Goodman on 10/2/2020. (JG)
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| Filing 52 STRICKEN MOTION for Protective Order OR IN THE ALTERNATIVE, TO LIMIT DISCOVERY, WITH INCORPORATED MEMORANDUM OF LAW by Landon Ash. (Kelly, Andreas) Modified on 10/2/2020 per DE 53 Order (kpe). |
| Filing 51 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/2/2020 03:30 PM before Magistrate Judge Jonathan Goodman. (Quaranta, John) |
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Filing 50
PAPERLESS ORDER regarding Telephonic Discovery Hearing set for 10/2/2020 at 3:30 p.m. Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack land line access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 10/1/2020. (km03)
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| Filing 49 NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 10/2/2020 03:30 PM in Miami Division before Magistrate Judge Jonathan Goodman. (Quaranta, John) |
| Filing 48 MOTION for Extension of Time of Discovery Cutoff Deadline and Related Discovery Deadlines by Landon Ash, Joann F Bashinsky. (Attachments: #1 Text of Proposed Order)(Lechich, Brian) |
| Filing 47 RESPONSE in Opposition re #43 Defendant's MOTION to Stay DISCOVERY PENDING COURT RULING ON HIS MOTION TO DISMISS THE AMENDED COMPLAINT AND HIS MOTION TO TRANSFER VENUE, WITH INCORPORATED MEMORANDUM OF LAW filed by Landon Ash. Replies due by 9/1/2020. (Kelly, Andreas) |
| Filing 46 RESPONSE to Motion re #43 Defendant's MOTION to Stay DISCOVERY PENDING COURT RULING ON HIS MOTION TO DISMISS THE AMENDED COMPLAINT AND HIS MOTION TO TRANSFER VENUE, WITH INCORPORATED MEMORANDUM OF LAW filed by Joann F Bashinsky. Replies due by 8/24/2020. (Lechich, Brian) |
| Filing 45 RESPONSE in Opposition re #43 Defendant's MOTION to Stay DISCOVERY PENDING COURT RULING ON HIS MOTION TO DISMISS THE AMENDED COMPLAINT AND HIS MOTION TO TRANSFER VENUE, WITH INCORPORATED MEMORANDUM OF LAW filed by Trident Crisis Management, Inc.. Replies due by 8/24/2020. (Quaranta, John) |
| Filing 44 REPLY in Support re #36 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Trident Crisis Management, Inc.. (Quaranta, John) Modified text on 8/4/2020 (kpe). |
| Filing 43 Defendant's MOTION to Stay DISCOVERY PENDING COURT RULING ON HIS MOTION TO DISMISS THE AMENDED COMPLAINT AND HIS MOTION TO TRANSFER VENUE, WITH INCORPORATED MEMORANDUM OF LAW by Landon Ash. Responses due by 8/17/2020 (Kelly, Andreas) |
| Filing 42 RESPONSE in Opposition re #36 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Joann F Bashinsky. Replies due by 8/4/2020. (Lechich, Brian) |
| Filing 41 RESPONSE in Opposition re #36 Plaintiff's MOTION for Leave to File Second Amended Complaint filed by Landon Ash. Replies due by 8/4/2020. (Kelly, Andreas) |
| Filing 40 REPLY to Response to Motion re #32 Defendant's MOTION to Change Venue filed by Joann F Bashinsky. (Lechich, Brian) |
| Filing 39 REPLY re #37 Response in Opposition/Memorandum in Opposition, filed by Landon Ash. Replies due by 7/30/2020. (Kelly, Andreas) Modified text and document link on 7/23/2020 (kpe). |
| Filing 38 NOTICE by Joann F Bashinsky of (A) Alabama Supreme Court Ruling Affecting Her Legal Rights, and (B) Dropping Affirmative Defenses Numbers Three and Four (Attachments: #1 Exhibit 1 - Alabama Supreme Court Opinion) (Lechich, Brian) |
| Filing 37 RESPONSE in Opposition re #32 Defendant's MOTION to Change Venue filed by Trident Crisis Management, Inc.. Replies due by 7/24/2020. (Attachments: #1 Exhibit Case Law, #2 Exhibit Declaration of Julio Gomez)(Quaranta, John) |
| Filing 36 Plaintiff's MOTION for Leave to File Second Amended Complaint by Trident Crisis Management, Inc.. (Attachments: #1 Exhibit Second Amended Complaint)(Quaranta, John) |
| Set Deadlines per DE 35 Order as to #32 MOTION. Responses due by 7/17/2020. (kpe) |
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Filing 35
ENDORSED ORDER granting #33 Motion for Extension of Time. Plaintiff shall respond to Defendants' #32 Motion on or before July 17, 2020. Signed by Judge Marcia G. Cooke on 7/10/2020. (bai)
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| Filing 34 RESPONSE in Support re #32 Defendant's MOTION to Change Venue filed by Joann F Bashinsky. (Lechich, Brian) |
| Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #32 Defendant's MOTION to Change Venue by Trident Crisis Management, Inc.. (Quaranta, John) |
| Filing 32 Defendant's MOTION to Change Venue by Landon Ash. Responses due by 7/10/2020 (Kelly, Andreas) |
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Filing 31
PAPERLESS ORDER granting #30 Defendant Joann Bashinsky's Motion for Substitution of Counsel. Signed by Magistrate Judge Jonathan Goodman on 6/5/2020. (km03)
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| Filing 30 Defendant's STIPULATED MOTION for Substitution of Counsel. Substituting Brian Lechich for Charles Brumby by Joann F Bashinsky. Responses due by 6/4/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Brumby, Charles) |
| Filing 29 Clerks Notice to Filer re #28 Response in Opposition to Motion. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (kpe) |
| Filing 28 REPLY to RESPONSE to Motion #21 MOTION to Dismiss filed by Landon Ash. Replies due by 5/22/2020. (Kelly, Andreas) Modified document link on 5/15/2020 (kpe). |
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Filing 27
ENDORSED ORDER granting #26 Motion for Extension of Time. The Court assumes Defendant intended to request an extension through May 15, 2020 and not Saturday, May 16, 2020, as stated in the Motion. Accordingly, Defendant shall file its Reply to Plaintiff's Response on or before Friday, May 15, 2020. Signed by Judge Marcia G. Cooke on 5/8/2020. (bai)
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| Filing 26 MOTION for Extension of Time Respectfully requests a 5 day enlargement of time prepare ASHs reply to Plaintiffs Memorandum In Opposition To Defendants Motion To Dismiss Plaintiffs Amended Complaint re #25 Response in Opposition to Motion by Landon Ash. Responses due by 5/22/2020 (Kelly, Andreas) |
| Filing 25 RESPONSE in Opposition re #21 Defendant's MOTION to Dismiss #6 Amended Complaint filed by Trident Crisis Management, Inc.. Replies due by 5/11/2020. (Attachments: #1 Exhibit 1)(Quaranta, John) |
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Filing 24
ORDER DISMISSING DEFENDANT WITHOUT PREJUDICE. Defendant Gregory Hawley is DISMISSED without prejudice from this case. The Clerk of Court shall TERMINATE Defendant Gregory Hawley from this case. All pending motions involving Defendant Gregory Hawley are DENIED as moot. Signed by Judge Marcia G. Cooke on 4/29/2020. See attached document for full details. (kpe)
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| Set Deadlines per DE 23 Order as to #21 Defendant's MOTION to Dismiss. Responses due by 5/4/2020. (kpe) |
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Filing 23
ENDORSED ORDER granting Plaintiff's #22 Motion for Extension of Time. Plaintiff shall respond to Defendant's Motion to Dismiss on or before May 4, 2020. Signed by Judge Marcia G. Cooke on 4/29/2020. (bai)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #21 Defendant's MOTION to Dismiss #6 Amended Complaint by Trident Crisis Management, Inc.. (Quaranta, John) |
| Filing 21 Defendant's MOTION to Dismiss #6 Amended Complaint by Landon Ash. Responses due by 5/1/2020 (Attachments: #1 Affidavit Landon Ash)(Kelly, Andreas) |
| Filing 20 NOTICE of Voluntary Dismissal by Trident Crisis Management, Inc. (Quaranta, John) |
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Filing 19
ENDORSED ORDER granting #17 Motion for Extension of Time. Defendant shall file its Response on or before April 18, 2020. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Marcia G. Cooke on 4/9/2020. (bai)
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Filing 18
ENDORSED ORDER granting #16 Motion for Extension of Time. Plaintiff shall file its Response on or before April 10, 2020. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Marcia G. Cooke on 4/9/2020. (bai)
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| Set/Reset Deadlines as to #14 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint . Responses due by 4/10/2020 per DE 18 Order. Reset Answer Due Deadline: Landon Ash response due 4/18/2020 per DE 19 Order. (mc) |
| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Amended Complaint by Landon Ash. Attorney Andreas M. Kelly added to party Landon Ash(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Agreed Order)(Kelly, Andreas) |
| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Trident Crisis Management, Inc.. (Quaranta, John) |
| Filing 15 ANSWER and Affirmative Defenses to Amended Complaint by Joann F Bashinsky. Attorney Charles Brumby added to party Joann F Bashinsky(pty:dft). (Brumby, Charles) |
| Filing 14 MOTION TO DISMISS #6 Amended Complaint FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #6 Amended Complaint ( Responses due by 4/3/2020) by Gregory Hawley. (Brumby, Charles) |
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Filing 13
ORDER OF REFERRAL TO MEDIATION per DE #12 Order. See DE #12 for image. (kpe)
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Filing 12
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: Jury Trial set for 3/29/2021 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 3/24/2021 03:00 PM in Miami Division before Judge Marcia G. Cooke. Amended Pleadings due by 7/17/2020. Expert Discovery due by 11/27/2020. Fact Discovery due by 10/16/2020. Joinder of Parties due by 7/17/2020. Mediation Deadline 12/11/2020. In Limine Motions due by 2/19/2021. Dispositive Motions due by 10/23/2020. Pretrial Stipulation due by 2/19/2021. Signed by Judge Marcia G. Cooke on 3/11/2020. See attached document for full details. (kpe) #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 11 Joint SCHEDULING REPORT - Rule 16.1 by Trident Crisis Management, Inc. (Quaranta, John) |
| Filing 10 Summons Issued as to Joann F Bashinsky. (scn) |
| Filing 9 Summons Issued as to Landon Ash. (scn) |
| Filing 8 NOTICE of Filing Proposed Summons(es) Joann F. Bashinsky by Trident Crisis Management, Inc. (Quaranta, John) |
| Filing 7 NOTICE of Filing Proposed Summons(es) Landon Ash by Trident Crisis Management, Inc. (Quaranta, John) |
| Filing 6 Plaintiff's AMENDED COMPLAINT against Trident Crisis Management, Inc., filed by Trident Crisis Management, Inc.. (Attachments: #1 Exhibit Order Appointing Conservator)(Quaranta, John) |
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Filing 5
ENDORSED ORDER Regarding Phone Calls to Chambers. The following rules apply in this and all other civil matters pending before Judge Marcia G. Cooke: 1. Do not call Chambers to ask about the status of pending motions, including motions for extension of time. The Court is aware of all pending motions and will address each of them in due course. 2. Do not call Chambers if the information you seek, or seek to provide, can be conveyed through a filing on the docket. 3. Do not call Chambers if the information you seek is available from other sources, including Court Orders and the Local Rules. 4. If you call Chambers for a permissible purpose, counsel for all affected parties must be on the line. Calls from non-attorneys and ex parte calls will not be accepted. Signed by Judge Marcia G. Cooke on 2/26/2020. (bai)
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Filing 4
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 2/26/2020. See attached document for full details. (kpe)
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| Filing 3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), ( Responses due by 3/6/2020) by Gregory Hawley. (Brumby, Charles) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-12458162, filed by Gregory Hawley, as Conservator of the Estate of Joann F. Bashinsky. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet Civil Cover Sheet)(Brumby, Charles) |
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