Perez v. Symmetry Financial Group LLC
| Manuel Perez |
| Symmetry Financial Group LLC and Symmetry Financial Group LLC doing business as The Pritchett Agency |
| 1:2022cv21963 |
| June 27, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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Filing 17
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on the notice of settlement #16 indicating that the Parties have reached a settlement of this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before September 3, 2022, the Parties shall file a joint stipulation to dismiss. If the Parties wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective upon the filing of the Parties' joint stipulation of dismissal. Id. All hearings and deadlines are CANCELED. All pending motions are DENIED AS MOOT. This case is CLOSED for administrative purposes. Signed by Judge Kathleen M. Williams on 8/5/2022. (nlf)
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| Filing 16 NOTICE of Settlement by Manuel Perez (Shamis, Andrew) |
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Filing 15
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Unopposed Motion #14 for Extension of Time. Defendant filed a Motion to Dismiss #10 on July 14, 2022, making Plaintiff's Response due July 28, 2022. On August 1, 2022, the Court observed that Plaintiff had failed to respond or request an extension of time to do so. Accordingly, the Court ordered 12 Plaintiff to show cause why Defendant's Motion to Dismiss should not be granted by default or sanctions imposed. On August 2, 2022, Plaintiff filed the Motion for Extension, which failed to proffer "good cause" for Plaintiff's failure to adhere to the Court's deadlines. Further, the Motion for Extension failed to comply with this Court's practices and procedures, which state that "[a]bsent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline." (Emphasis added.) Plaintiff's Motion for Extension was filed well after the date Plaintiff's response was due. Nevertheless, upon review of the Motion for Extension, which is unopposed, the Motion for Extension #14 is GRANTED IN PART AND DENIED IN PART. Plaintiff's response to Defendant's Motion to Dismiss #10 is due on or before August 8, 2022 at 5:00 PM. Going forward, the Parties are advised that all motions and filings by the Parties must comply fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court. Responses due by 8/8/2022 Signed by Judge Kathleen M. Williams on 8/3/2022. (nlf)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer for Plaintiff to respond to Defendant's Motion to Dismiss by Manuel Perez. (Attachments: #1 Text of Proposed Order)(Edelsberg, Scott) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re 12 Order,,,, Order to Show Cause,,, by Manuel Perez. (Edelsberg, Scott) |
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Filing 12
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte upon review of the record. Defendant filed a Motion to Dismiss #10 on July 14, 2022, making Plaintiff's response due on or before July 28, 2022. To date, Plaintiff has neither filed a response nor requested an extension of time to do so. In addition, the Court's Order #5 states "[n]on-compliance with any provision of this Order, the Federal Rules of Civil Procedure, the Local Rules, or this Court's Practices and Procedures... may subject the offending party to sanctions, including dismissal of this case." (Emphasis original.) Accordingly, it is ORDERED AND ADJUDGED that Plaintiff shall SHOW CAUSE by August 2, 2022 at 5:00 PM why Defendant's Motion to Dismiss #10 should not be granted by default or sanctions imposed. S.D. Fla. Loc. R. 7.1(c)(1). Signed by Judge Kathleen M. Williams on 8/1/2022. (nlf)
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| Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement by Symmetry Financial Group LLC identifying Corporate Parent Quility Insurance Holdings LLC for Symmetry Financial Group LLC (Keilson, Matthew) |
| Filing 10 MOTION TO DISMISS #8 Notice (Other), FOR FAILURE TO STATE A CLAIM AND TO PHASE DISCOVERY by Symmetry Financial Group LLC. Responses due by 7/28/2022 (Attachments: #1 Exhibit A - Video, #2 Exhibit B - Keilson Decl., #3 Exhibit C - Symmetry Decl., #4 Exhibit D - Pritchett Decl.)(Keilson, Matthew) |
| Filing 9 Joint SCHEDULING REPORT - Rule 16.1 by Manuel Perez (Attachments: #1 Text of Proposed Order Proposed Joint Scheduling Order)(Shamis, Andrew) |
| Filing 8 NOTICE Regarding Removal by Symmetry Financial Group LLC re #5 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit A - Plaintiff's Civil Cover Sheet, #2 Exhibit B - Plaintiff's Complaint, #3 Exhibit C - Summons, #4 Exhibit D - Summons, #5 Exhibit E - Defendant's Notice of Removal) (Keilson, Matthew) |
| Filing 7 STATUS REPORT REGARDING REMOVAL by Symmetry Financial Group LLC (Keilson, Matthew) |
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Filing 6
PAPERLESS ORDER. Defendant has filed an #4 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant seeks a 30-day extension of time, through July 27, 2022, to serve its response. The Court has carefully reviewed the Motion, the record and the applicable law. The Court concludes that Defendant has not shown good cause for the lengthy extension of time requested, but a shorter extension is warranted. Accordingly, the Court hereby ORDERS that the #4 Unopposed Motion for Extension of Time is GRANTED IN PART. Defendant shall file its response to the Complaint no later than July 15, 2022. Response to Complaint due by 7/15/2022 Signed by Magistrate Judge Chris M. McAliley on 6/30/2022. (nsy)
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Filing 5
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. REFERRING CASE to Magistrate Judge Chris M. McAliley for all discovery disputes and non-dispositive pretrial motions. Motions referred to Judge Chris M. McAliley. Signed by Judge Kathleen M. Williams on 6/29/2022. See attached document for full details. (jas)
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| Filing 4 Unopposed MOTION for Extension of Time to Respond to Complaint by Symmetry Financial Group LLC. Responses due by 7/12/2022 (Attachments: #1 Text of Proposed Order Proposed Order)(Keilson, Matthew) |
| Filing 3 NOTICE by Symmetry Financial Group LLC of Filing Civil Cover Sheet (Keilson, Matthew) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (jas) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Perez v Symmetry Financial Group) Filing fee $ 402.00 receipt number AFLSDC-15746959, filed by Symmetry Financial Group LLC. (Attachments: #1 Exhibit A - State Court Complaint and other documents)(Keilson, Matthew) |
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