Dispoto v. Opera Tower, LLC et al
| Joseph Dispoto |
| Joseph Arthur, Michael Smith, Dean Warhaft, Opera Tower, LLC and Opera Tower Condominium Association, Inc. |
| 1:2021cv22263 |
| June 21, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Other Statutory Actions |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.
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Filing 20
PAPERLESS ORDER REGARDING DEFENDANT'S MOTION TO DISMISS #19 . THIS CAUSE came before the Court upon Defendant's Motion to Dismiss. #19 . Therein, Defendants move to dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted and on jurisdictional grounds. See generally id. Without expressing any views as to the Motion's merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects by granting Plaintiff leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend its Complaint #1 on or before September 6, 2021, or respond to the Motion to Dismiss #19 on or before August 30, 2021. Signed by Judge K. Michael Moore on 8/17/2021. (thn)
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| Filing 19 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Opera Tower, LLC. Responses due by 8/30/2021 (Bimston, Steve) |
| Filing 18 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Corey Brian Friedman re #16 Notice of Change of Address, Email or Law Firm Name. Attorney Corey Brian Friedman has not completed the required procedures for updating their information with the Court. After filing a Notice in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon Opera Tower, LLC ("Opera") Unopposed Motion for Extension of Time to Respond to Complaint. #15 . Defendant Opera was served on July 20, 2021. #8 . Thus, the deadline for Defendant Opera to respond to Plaintiff's Complaint was August 4, 2021. Now, Defendant Opera is requesting up to and including August 16, 2021 to respond to the Complaint. #15 at 1. Defendant Opera's request is unopposed. Id. 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 #15 is GRANTED. Defendant Opera shall respond to Plaintiff's Complaint on or before August 16, 2021. Signed by Judge K. Michael Moore on 8/6/2021. (thn)
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| Filing 16 NOTICE of Change of Address, Email or Law Firm Name by Corey Brian Friedman (Friedman, Corey) |
| Filing 15 Defendant's MOTION for Extension of Time to Respond to Complaint re #1 Complaint, by Opera Tower, LLC. Responses due by 8/18/2021 (Attachments: #1 Exhibit A)(Bimston, Steve) |
| Filing 14 NOTICE of Attorney Appearance by Steve Michael Bimston on behalf of Opera Tower, LLC. Attorney Steve Michael Bimston added to party Opera Tower, LLC(pty:dft). (Bimston, Steve) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. #12 . On June 21, 2021, Plaintiff filed the Complaint. #1 . Defendants were served on July 20, 2021. #8 ; #9 . Thus, the deadline for Defendants to respond to Plaintiff's Complaint was August 4, 2021. Now, Defendants are requesting an additional twenty (20) days to respond to Plaintiff's Complaint in order to fully investigate and respond Plaintiff's claims. #12 at 1. Defendants' request is unopposed. Id. 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 #12 is GRANTED. Defendant shall respond to Plaintiffs Complaint on or before August 24, 2021. Signed by Judge K. Michael Moore on 8/2/2021. (thn)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Joseph Arthur, Opera Tower Condominium Association, Inc., Michael Smith, Dean Warhaft. Attorney Andrew Gordon Simon added to party Joseph Arthur(pty:dft), Attorney Andrew Gordon Simon added to party Michael Smith(pty:dft), Attorney Andrew Gordon Simon added to party Dean Warhaft(pty:dft). (Attachments: #1 Text of Proposed Order)(Simon, Andrew) |
| Filing 11 NOTICE of Attorney Appearance by John Cody German on behalf of Opera Tower Condominium Association, Inc.. Attorney John Cody German added to party Opera Tower Condominium Association, Inc.(pty:dft). (German, John) |
| Filing 10 NOTICE of Attorney Appearance by Andrew Gordon Simon on behalf of Opera Tower Condominium Association, Inc.. Attorney Andrew Gordon Simon added to party Opera Tower Condominium Association, Inc.(pty:dft). (Simon, Andrew) |
| 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 Joseph Dispoto. Opera Tower Condominium Association, Inc. served on 7/14/2021, answer due 8/4/2021. (Varnell, Janet) |
| 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 Joseph Dispoto. Opera Tower, LLC served on 7/14/2021, answer due 8/4/2021. (Varnell, Janet) |
| Filing 7 Clerks Notice of Docket Correction re 6 Scheduling Order Docket Text Modified by Clerk per Judge Moore's chamber. This docket entry does not apply to this case. As instructed, The Clerk has removed most of the Order text within the filing. (mf) |
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Filing 6
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This was filed in error and docket text was removed by Clerk per chambers. Original - Signed by Chief Judge K. Michael Moore on 6/22/2021. (thn) Corrected on 6/22/2021 (mf).
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. 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 Lauren F. Louis 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 Lauren F. Louis's discovery procedures. Signed by Chief Judge K. Michael Moore on 6/22/2021. (thn)
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Filing 4
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 6/22/2021. (thn)
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| Filing 3 Summons Issued as to Joseph Arthur, Opera Tower Condominium Association, Inc., Opera Tower, LLC, Michael Smith, Dean Warhaft. (kpe) |
| 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 Lauren F. Louis 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 COMPLAINT against Joseph Arthur, Opera Tower Condominium Association, Inc., Opera Tower, LLC, Michael Smith, Dean Warhaft. Filing fees $ 402.00 receipt number AFLSDC-14782660, filed by Joseph Dispoto. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Varnell, Janet) |
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