Toste v. The Beach Club at Fontainebleau Park Condominium Association, Inc. et al
| Segundo Toste |
| Russell S. Jacobs, P.A., The Jacobs Law Group, The Beach Club at Fontainebleau Park Condominium Association, Inc., Pablo A. Arriola and Scott R. Shapiro |
| 1:2020cv23771 |
| September 11, 2020 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Defendant |
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Enlargement of Time to Hold Scheduling Conference. #22 . Plaintiff filed the Complaint on September 11, 2020 #1 , and Defendants Russell S. Jacobs, P.A. and Pablo A. Arriola were served on September 24, 2020 and October 24, 2020, respectively. #22 at 2. Defendants Scott R. Shapiro and The Beach Club at Fontainebleau Park Condominium Association, Inc. have not yet been served. Id. Thus, the Parties' deadline to hold a scheduling conference is November 10, 2020. Id. Now, Plaintiff requests that the Court extend the deadline for the Parties to hold a scheduling conference to December 21, 2020 because Plaintiff does not anticipate being able to serve the remaining Defendants before the current deadline expires. Id. at 3. Plaintiff certifies that Defendants Russell S. Jacobs, P.A. and Pablo A. Arriola do not object to the Motion. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #22 is GRANTED. The Parties shall hold a scheduling conference on or before December 21, 2020. Further, within ten (10) days of the scheduling conference, the Parties shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. Signed by Chief Judge K. Michael Moore on 11/6/2020. (tgr)
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| Filing 22 Plaintiff's MOTION for Extension of Time to Hold Scheduling Conference by Segundo Toste. Responses due by 11/20/2020 (Attachments: #1 Exhibit A)(Dieguez, Anthony) |
| Filing 21 Second Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Segundo Toste (Dieguez, Anthony) |
| Filing 20 NOTICE of Compliance WITH LOCAL RULE 16.1(b)(4) by Segundo Toste (Attachments: #1 Exhibit A) (Dieguez, Anthony) |
| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Pablo A. Arriola (Proulx, Joseph) |
| Filing 18 Notice of NO Pending, Refiled, Related or Similar Actions by Pablo A. Arriola (Proulx, Joseph) |
| Filing 17 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Pablo A. Arriola. Attorney Joseph Charles Proulx added to party Pablo A. Arriola(pty:dft). (Proulx, Joseph) |
| Filing 16 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Russell S. Jacobs, P.A.. Attorney Joseph Charles Proulx added to party Russell S. Jacobs, P.A.(pty:dft). (Proulx, Joseph) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Segundo Toste. Pablo A. Arriola served on 10/24/2020, answer due 11/16/2020. (Hernandez, Thais) |
| Filing 14 Notice of NO Pending, Refiled, Related or Similar Actions by Segundo Toste (Dieguez, Anthony) |
| Filing 13 NOTICE of Compliance with Local Rule 16.1(b)(4) by Segundo Toste (Attachments: #1 Exhibit "A") (Dieguez, Anthony) |
| Filing 12 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Russell S. Jacobs, P.A. (Golden, Dale) |
| Filing 11 Notice of NO Pending, Refiled, Related or Similar Actions by Russell S. Jacobs, P.A. (Golden, Dale) |
| Filing 10 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Russell S. Jacobs, P.A.. (Golden, Dale) |
| Filing 9 Summons Issued as to Pablo A. Arriola, Russell S. Jacobs, P.A., Scott R. Shapiro, The Beach Club at Fontainebleau Park Condominium Association, Inc.. (kpe) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement by Segundo Toste (Dieguez, Anthony) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Russell S. Jacobs, P.A.'s Unopposed Motion for a 15-Day Extension of Time to Respond to the Complaint. #6 . Plaintiff filed the Complaint on September 11, 2020 #1 , and Defendant was served on September 24, 2020. #5 . Thus, Defendant's response was due on or before October 15, 2020. Id. Now, Defendant requests that the Court extend the deadline for it to respond to Plaintiff's Complaint to October 29, 2020. #6 at 2. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #6 is GRANTED. Defendant shall respond to the Complaint on or before October 29, 2020. Signed by Chief Judge K. Michael Moore on 10/23/2020. (tgr)
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| Reset Deadlines Russell S. Jacobs, P.A. answer due 10/29/2020 Per DE#7. (cqs) |
| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by Russell S. Jacobs, P.A.. Attorney Dale Thomas Golden added to party Russell S. Jacobs, P.A.(pty:dft). (Golden, Dale) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Segundo Toste. Russell S. Jacobs, P.A. served on 9/24/2020, answer due 10/15/2020. (Hernandez, Thais) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 9/14/2020. (mgh)
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Filing 3
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 9/14/2020. (mgh)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (amb) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13504887, filed by Segundo Toste. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Association, #3 Summon(s) Firm, #4 Summon(s) Arriola, #5 Summon(s) Shapiro, #6 Exhibit A 091619 N of Int to Lien, #7 Exhibit B 110519 N of Int to Foreclose w Claim of Lien, #8 Exhibit C Firm Website, #9 Exhibit D Sample of 2017 Claims of Liens - Assn, #10 Exhibit E Sample of Claims of Liens - Other Assns, #11 Exhibit F Section 14 - Collection of Assessments - The Beach Club Declaration of Condominium, #12 Exhibit G 110419 Claim of Lien, #13 Exhibit H 072920 Ledger, #14 Exhibit I 061219 Req for Ledger, #15 Exhibit J 030320 Assn Req for Payments)(Hernandez, Thais) |
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