RJS INTERNATIONAL TRADING, LLC v. NEW CINGULAR WIRELESS PCS, LLC
| RJS INTERNATIONAL TRADING, LLC |
| NEW CINGULAR WIRELESS PCS, LLC doing business as AT&T MOBILITY |
| 1:2021cv23035 |
| August 21, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Real Property: Other |
| 42 U.S.C. § 9607 Real Property Tort to Land |
| Plaintiff |
Docket Report
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Filing 21
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Voluntary Dismissal Without Prejudice. #20 . Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, neither an answer nor a motion for summary judgment has been filed. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of the Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 6/9/2022. (soy)
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| Filing 20 NOTICE of Voluntary Dismissal Without Prejudice by RJS INTERNATIONAL TRADING, LLC (Pierre, Faudlin) |
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Filing 19
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning October 24, 2022, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 1/18/2022. (thn)
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Filing 18
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of October 24, 2022, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on October 20, 2022, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for October 11, 2022, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY"BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 1/18/2022. (thn) #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 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the filing of the Parties Joint Scheduling Report [16-1] and the Parties Joint Motion to Reopen Case #16 . On November 30, 2021, this Court entered an Order dismissing the instant matter because the Parties failed to file a joint scheduling report. 15 . Now, the Parties have complied with this Court's Order by filing the Joint Scheduling Report. [16-1]. Accordingly, UPON CONSIDERATION of the Joint Scheduling Report, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-captioned case is hereby REOPENED. The Clerk of Court is directed to REOPEN this case. All previously issued orders in this action remain in effect except those inconsistent with this Order. The Parties shall move this Court to reopen any previously filed motions that were mooted when this case was closed. Signed by Judge K. Michael Moore on 1/13/2022. (thn)
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| Filing 16 Joint MOTION to Reopen Case by RJS INTERNATIONAL TRADING, LLC. (Attachments: #1 Exhibit Joint Scheduling Report)(Pierre, Faudlin) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On August 24, 2021, the Court entered a Pretrial Order 5 which ordered the Parties to "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... Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. " 5 . Thus, the deadline for the Parties to submit a joint scheduling report was November 2, 2021. The Order cautioned, "[f]ailure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs." Id. Now, the November 2, 2021 deadline has passed and no Joint Scheduling Report has been filed in this case. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Parties may move to reopen this matter upon the Parties filing a joint scheduling report. Signed by Judge K. Michael Moore on 11/30/2021. (thn)
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| Reset Response/Answer Due Deadline: NEW CINGULAR WIRELESS PCS, LLC response/answer due 12/3/2021. (ls)(per DE #14) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for an Extension of Time to Respond to Plaintiff's Amended Complaint. #13 . On November 12, 2021, Plaintiff filed an Amended Complaint #11 , and Defendant's deadline to respond, therefore, is currently November 26, 2021. See Fed. R. Civ. P. 15(a)(3). Now, Defendant requests an additional fourteen (14) days to respond to the Amended Complaint because: (1) November 26, 2021 falls on the day after Thanksgiving, and (2) the Amended Complaint contains a number of new allegations and assertions, which will require additional time to investigate and respond to. #13 at 1. For the reasons stated in Defendant's Motion #13 , the Court finds good cause for a seven (7) day extension. 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 #13 is GRANTED IN PART and DENIED IN PART. Defendant shall respond to Plaintiff's Amended Complaint #11 on or before December 3, 2021. Signed by Judge K. Michael Moore on 11/16/2021. (thn)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #11 Amended Complaint/Amended Notice of Removal by NEW CINGULAR WIRELESS PCS, LLC. (Attachments: #1 Text of Proposed Order)(Cann, Eve) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of an Amended Complaint. #11 . The Amended Complaint moots Defendant's Motion to Dismiss #9 . Accordingly, UPON CONSIDERATION of the Amended Complaint #11 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss #11 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 11/15/2021. (thn)
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| Filing 11 AMENDED COMPLAINT against NEW CINGULAR WIRELESS PCS, LLC filed in response to Order Granting Motion for Leave, filed by RJS INTERNATIONAL TRADING, LLC.(Pierre, Faudlin) |
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Filing 10
PAPERLESS ORDER REGARDING DEFENDANTS' MOTION TO DISMISS #9 . THIS CAUSE came before the Court upon Defendant's Motion to Dismiss. #9 . Therein, Defendants move to dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted. See generally id. Without expressing any views as to the Motions 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 November 12, 2021, or respond to the Motion to Dismiss #9 on or before November 5, 2021. Signed by Judge K. Michael Moore on 10/29/2021. (thn)
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| Filing 9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by NEW CINGULAR WIRELESS PCS, LLC. Responses due by 11/5/2021 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Cann, Eve) |
| Filing 8 NOTICE of Attorney Appearance by Desislava K. Docheva on behalf of NEW CINGULAR WIRELESS PCS, LLC. Attorney Desislava K. Docheva added to party NEW CINGULAR WIRELESS PCS, LLC(pty:dft). (Docheva, Desislava) |
| Filing 7 NOTICE of Attorney Appearance by Eve Alexis Cann on behalf of NEW CINGULAR WIRELESS PCS, LLC. Attorney Eve Alexis Cann added to party NEW CINGULAR WIRELESS PCS, LLC(pty:dft). (Cann, Eve) |
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Filing 6
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 Judge K. Michael Moore on 8/24/2021. (thn)
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Filing 5
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 Judge K. Michael Moore on 8/24/2021. (thn)
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| Filing 4 WAIVER OF SERVICE Returned Executed by RJS INTERNATIONAL TRADING, LLC. NEW CINGULAR WIRELESS PCS, LLC waiver sent on 8/23/2021, answer due 10/22/2021. (Pierre, Faudlin) |
| Filing 3 Summons Issued as to NEW CINGULAR WIRELESS PCS, LLC. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to 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. (drz) |
| Filing 1 COMPLAINT against NEW CINGULAR WIRELESS PCS, LLC. Filing fees $ 402.00 receipt number AFLSDC-14947784, filed by RJS INTERNATIONAL TRADING, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons)(Pierre, Faudlin) |
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| Plaintiff: RJS INTERNATIONAL TRADING, LLC | |
| Represented By: | Faudlin Pierre |
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| Defendant: NEW CINGULAR WIRELESS PCS, LLC doing business as AT&T MOBILITY | |
| Represented By: | Eve Alexis Cann |
| Represented By: | Desislava K. Docheva |
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