Parker et al v. RealPage Inc et al
| Priscilla Parker, Patrick Parker, Barry Amar-Hoover and MATTEO MARCHETTI |
| RealPage Inc, AvalonBay Communities, Inc., Bell Partners Inc., BH Management Services LLC, BOZZUTO MANAGEMENT COMPANY, Camden Property Trust, Conam Management Corp., Cortland Partners LLC, FPI Management Inc., Greystar Real Estate Partners, LLC, Highmark Residential LLC, Lantower Luxury Living LLC, Lincoln Property Company, Mid-America Apartment Communities Inc, Pinnacle Property Management Services LLC, RPM Living, LLC, UDR Inc, ZRS Management LLC, Thoma Bravo L.P., AMLI MANAGEMENT COMPANY, ALLIANCE RESIDENTIAL COMPANY, APARTMENT MANAGEMENT CONSULTANTS, LLC, ASSET LIVING, LLC, AVENUE5 RESIDENTIAL LLC, CUSHMAN & WAKEFIELD, INC., EQUITY RESIDENTIAL, ESSEX PROPERTY TRUST, INC., MORGAN GROUP INC., SECURITY PROPERTIES INC., THRIVE COMMUNITIES MANAGEMENT, LLC and WINNCOMPANIES LLC |
| Christopher Saloman and Michael Strauss |
| 1:2023cv20160 |
| January 13, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Anti-Trust |
| 15 U.S.C. § 0001 Antitrust Litigation |
| Plaintiff |
Docket Report
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| Filing 53 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Middle District of Tennessee as case 3:23-cv-00378, filed 04/21/2023. (bb) |
| Filing 52 CONDITIONAL TRANSFER ORDER (CTO-1) transferring case to the Middle District of Tennessee re: MDL 3071 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Waverly D. Crenshaw, Jr.. (Signed by John W. Nichols, Clerk of the Panel). (pes) |
| SYSTEM ENTRY - Case 1:23-cv-20160 electronically transferred out to Tennessee Middle. (pes) |
| Filing 51 STATUS REPORT (JOINT) by Barry Amar-Hoover, MATTEO MARCHETTI, Patrick Parker, Priscilla Parker, Christopher Saloman, Michael Strauss (Grossman, Lindsey) |
Filing 50
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions having common questions of law or fact. The Court finds that Case Nos. 1:23-cv-20160-KMM and 1:23-cv-21038-KMM have common questions of fact and consolidation is appropriate. Accordingly, it is hereby ORDERED AND ADJUDGED that Case 1:23-cv-21038-KMM is CONSOLIDATED with Case No. 1:23-cv-20160-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:23-cv-21038-KMM. All future filings MUST be made in the lead case, Case No. 1:23-cv-20160-KMM, ONLY. All pending motions, if any, in Case No. 1:23-cv-21038-KMM are DENIED AS MOOT.It is FURTHER ORDERED that all Plaintiffs, including those of the case formerly numbered 1:23-cv-21038-KMM, shall comply with the Court's February 6, 2023 Order (ECF No. #32 ) staying action number 1:23-cv-20160-KMM. All Plaintiffs shall participate in the creation of monthly status reports as described therein, and all Plaintiffs' deadlines to file an amended consolidated complaint shall be stayed as described therein. Signed by Judge K. Michael Moore on 3/22/2023. (fpi)
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| Filing 49 STATUS REPORT (JOINT) by Barry Amar-Hoover, MATTEO MARCHETTI, Patrick Parker, Priscilla Parker (Grossman, Lindsey) |
| Filing 48 WAIVER OF SERVICE Returned Executed by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. FPI Management Inc. waiver sent on 1/18/2023, response/answer due 3/20/2023. (Grossman, Lindsey) |
| Filing 47 WAIVER OF SERVICE Returned Executed by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. Lincoln Property Company waiver sent on 1/19/2023, response/answer due 3/20/2023. (Grossman, Lindsey) |
| Filing 46 WAIVER OF SERVICE Returned Executed by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. UDR Inc waiver sent on 1/18/2023, response/answer due 3/20/2023. (Grossman, Lindsey) |
| Filing 45 WAIVER OF SERVICE Returned Executed by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. Mid-America Apartment Communities Inc waiver sent on 1/18/2023, response/answer due 3/20/2023. (Grossman, Lindsey) |
| Filing 44 WAIVER OF SERVICE Returned Executed by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. (Grossman, Lindsey) |
| Filing 43 NOTICE of Striking #42 Summons Returned Executed, filed by Priscilla Parker, Barry Amar-Hoover, Patrick Parker by Barry Amar-Hoover, Patrick Parker, Priscilla Parker (Grossman, Lindsey) |
| Filing 42 (STRICKEN per DE #43 ) SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. Cortland Partners LLC served on 2/15/2023, response/answer due 3/8/2023. (Grossman, Lindsey) Text Modified on 2/28/2023 (amb). |
| Filing 41 NOTICE by Greystar Real Estate Partners, LLC of MDL No. 3071 In Re: RealPage, Inc., Rental Software Antitrust Litigation (No. II). Attorney Allen Paige Pegg added to party Greystar Real Estate Partners, LLC(pty:dft). (Attachments: #1 Exhibit A) (Pegg, Allen) |
| Filing 40 Amended MOTION to Amend/Correct 14 Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing by MATTEO MARCHETTI. Responses due by 2/22/2023 (Attachments: #1 Certification Steven N. Williams, #2 Text of Proposed Order)(Widlanski, Benjamin) |
| Filing 39 Amended MOTION to Amend/Correct 14 Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing by MATTEO MARCHETTI. Responses due by 2/22/2023 (Attachments: #1 Certification of Kevin E. Rayhill, #2 Text of Proposed Order)(Widlanski, Benjamin) |
| Filing 38 Amended MOTION to Amend/Correct 14 Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing by MATTEO MARCHETTI. Responses due by 2/22/2023 (Attachments: #1 Certification of Cadio Zirpoli, #2 Text of Proposed Order)(Widlanski, Benjamin) |
| Filing 37 Amended MOTION to Amend/Correct 14 Order on Motion to Appear Pro Hac Vice,,,,,,,,,,, Amended Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing by MATTEO MARCHETTI. Responses due by 2/22/2023 (Attachments: #1 Certification of Joseph R. Saveri, #2 Text of Proposed Order)(Widlanski, Benjamin) |
| Filing 36 NOTICE of Attorney Appearance by Robert J Neary on behalf of MATTEO MARCHETTI. Attorney Robert J Neary added to party MATTEO MARCHETTI(pty:pla). (Neary, Robert) |
| Filing 35 NOTICE of Attorney Appearance by Javier Asis Lopez on behalf of MATTEO MARCHETTI. Attorney Javier Asis Lopez added to party MATTEO MARCHETTI(pty:pla). (Lopez, Javier) |
| Filing 34 AMENDED COMPLAINT AMENDED CLASS ACTION COMPLAINT against BH Management Services LLC, BOZZUTO MANAGEMENT COMPANY, Camden Property Trust, Cortland Partners LLC, FPI Management Inc., Greystar Real Estate Partners, LLC, Lincoln Property Company, Mid-America Apartment Communities Inc, RPM Living, LLC, RealPage Inc, THOMA BRAVO, L.P., AMLI MANAGEMENT COMPANY, ALLIANCE RESIDENTIAL COMPANY, APARTMENT MANAGEMENT CONSULTANTS, LLC, ASSET LIVING, LLC, AVENUE5 RESIDENTIAL LLC, CUSHMAN & WAKEFIELD, INC., EQUITY RESIDENTIAL, ESSEX PROPERTY TRUST, INC., MORGAN GROUP INC., SECURITY PROPERTIES INC., THRIVE COMMUNITIES MANAGEMENT, LLC, WINNCOMPANIES LLC, filed by MATTEO MARCHETTI.(Widlanski, Benjamin) |
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Filing 33
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stacey P. Slaughter. #31 . 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 #31 is GRANTED. Stacey P. Slaughter may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: SSlaughter@RobinsKaplan.com. Signed by Judge K. Michael Moore on 2/7/2023. (fpi)
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Filing 32
ORDER STAYING CASE. Signed by Judge K. Michael Moore on 2/6/2023. See attached document for full details. (fpi)
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| Filing 31 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stacey P. Slaughter. Filing Fee $ 200.00 Receipt # AFLSDC-16300252 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/21/2023 (Attachments: #1 Certification of Stacey P. Slaughter, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 30 STIPULATION re (1 in 1:23-cv-20263-KMM) Complaint,,, (29 in 1:23-cv-20160-KMM) Order on Motion for Extension of Time, (1 in 1:23-cv-20165-KMM) Complaint,, (1 in 1:23-cv-20160-KMM) Complaint,, Motion and Proposed Order Suspending Deadline for Certain Defendants to Respond to Complaint by Zachary Miller Corradino, Samantha Taylor Reyes, MATTEO MARCHETTI, Barry Amar-Hoover, Patrick Parker, Priscilla Parker Associated Cases: 1:23-cv-20160-KMM, 1:23-cv-20165-KMM, 1:23-cv-20263-KMM(Grossman, Lindsey) |
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Filing 29
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion for Extension of Time. #28 . 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 for Extension of Time #28 is GRANTED. Plaintiff shall file an amended complaint on or before February 9, 2023. Signed by Judge K. Michael Moore on 2/3/2023. (rfr)
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| Set/Reset Deadlines/Hearings per DE 29 Order. Amended Complaint due by 2/9/2023. (amb) |
| Filing 28 MOTION for Extension of Time to File Complaint by MATTEO MARCHETTI. Responses due by 2/16/2023 Associated Cases: 1:23-cv-20160-KMM, 1:23-cv-20165-KMM, 1:23-cv-20263-KMM(Widlanski, Benjamin) |
| Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. AvalonBay Communities, Inc. served on 1/23/2023, response/answer due 2/13/2023; BOZZUTO MANAGEMENT COMPANY served on 1/23/2023, response/answer due 2/13/2023; Bell Partners Inc. served on 1/23/2023, response/answer due 2/13/2023; Camden Property Trust served on 1/24/2023, response/answer due 2/14/2023; Conam Management Corp. served on 1/23/2023, response/answer due 2/13/2023; Greystar Real Estate Partners, LLC served on 1/23/2023, response/answer due 2/13/2023; Highmark Residential LLC served on 1/23/2023, response/answer due 2/13/2023; Lantower Luxury Living LLC served on 1/23/2023, response/answer due 2/13/2023; Pinnacle Property Management Services LLC served on 1/23/2023, response/answer due 2/13/2023; RPM Living, LLC served on 1/23/2023, response/answer due 2/13/2023; ZRS Management LLC served on 1/23/2023, response/answer due 2/13/2023. (Attachments: #1 Affidavit AvalonBay Communities Inc., #2 Affidavit Bell Partners Inc., #3 Affidavit Bozzuto Management Company, #4 Affidavit Camden Property Trust, #5 Affidavit Conam Management Corp., #6 Affidavit Greystar Real Estate Partners LLC, #7 Affidavit Highmark Residential LLC, #8 Affidavit Lantower Luxury Living LLC, #9 Affidavit Pinnacle Property Management Services LLC, #10 Affidavit RPM Living LLC, #11 Affidavit ZRS Management LLC)(Grossman, Lindsey) |
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Filing 26
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions having common questions of law or fact. The Court finds that Case Nos. 1:23-cv-20160-KMM and 1:23-cv-20165-KMM have common questions of fact and consolidation is appropriate. Accordingly, it is hereby ORDERED AND ADJUDGED that Case No. 1:23-cv-20165-KMM is CONSOLIDATED with Case No. 1:23-cv-20160-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:23-cv-20165-KMM. All future filings MUST be made in the lead case, 1:23-cv-20160-KMM, ONLY. All pending motions, if any, in Case No. 1:23-cv-20165-KMM are DENIED AS MOOT. It is FURTHER ORDERED that Plaintiff shall file an amended complaint in Case No. 1:23-cv-20160-KMM within seven (7) days of the entry of this Order. Signed by Judge K. Michael Moore on 1/31/2023. (soy)
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick Downes. (ECF Nos. 16-24). 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 Motions (ECF Nos. 16-24) are GRANTED. Vincent Briganti, Peter Demato, Radhika Gupta, Christian P. Levis, Patrick J. McGahan, David R. Scott, G. Dustin Foster, Michael P. Srodoski and Geoffrey H. Kozen may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: vbriganti@lowey.com; pdemato@lowey.com; rgupta@lowey.com; CLevis@lowey.com; pmcgahan@scott-scott.com; david.scott@scott-scott.com; gfoster@scott-scott.com; msrodoski@scott-scott.com; and GKozen@RobinsKaplan.com. Signed by Judge K. Michael Moore on 1/30/2023. (fpi)
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| Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Geoffrey H. Kozen. Filing Fee $ 200.00 Receipt # AFLSDC-16276110 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of Geoffrey H. Kozen, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael P. Srodoski. Filing Fee $ 200.00 Receipt # AFLSDC-16276080 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of Michael P. Srodoski, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for G. Dustin Foster. Filing Fee $ 200.00 Receipt # AFLSDC-16276023 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of G. Dustin Foster, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David R. Scott. Filing Fee $ 200.00 Receipt # AFLSDC-16275933 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of David R. Scott, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick J. McGahan. Filing Fee $ 200.00 Receipt # AFLSDC-16275873 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of Patrick J. McGahan, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christian P. Levis. Filing Fee $ 200.00 Receipt # AFLSDC-16275822 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of Christian P. Levis, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Radhika Gupta. Filing Fee $ 200.00 Receipt # AFLSDC-16275755 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of Radhika Gupta, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Peter Demato. Filing Fee $ 200.00 Receipt # AFLSDC-16275675 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of Peter Demato, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Vincent Briganti. Filing Fee $ 200.00 Receipt # AFLSDC-16275632 by Barry Amar-Hoover, Patrick Parker, Priscilla Parker. Responses due by 2/10/2023 (Attachments: #1 Certification of Vincent Briganti, #2 Text of Proposed Order)(Grossman, Lindsey) |
| Filing 15 Notice of Pending, Refiled, Related or Similar Actions by Barry Amar-Hoover, Patrick Parker, Priscilla Parker Associated Cases: 1:23-cv-20160-KMM, 1:23-cv-20263-KMM (Grossman, Lindsey) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff Matteo Marchetti's Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #10 , #11 , #12 , #13 . 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 Motions #10 , #11 , #12 , #13 are DENIED WITHOUT PREJUDICE because movant Matteo Marchetti has yet to be added as a party to the case. Local counsel is instructed to file updated pro hac vice motions upon movant Marchetti's addition to the case as a party on the CM/ECF System. Signed by Judge K. Michael Moore on 1/27/2023. (fpi)
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven N. Williams. Filing Fee $ 200.00 Receipt # FLSDC-16272611 by MATTEO MARCHETTI. Responses due by 2/9/2023 (Attachments: #1 Certification Steven N. Williams, #2 Text of Proposed Order)Associated Cases: 1:23-cv-20160-KMM, 1:23-cv-20263-KMM(Widlanski, Benjamin) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kevin E. Rayhill. Filing Fee $ 200.00 Receipt # FLSDC-16272608 by MATTEO MARCHETTI. Responses due by 2/9/2023 (Attachments: #1 Certification of Kevin E. Rayhill, #2 Text of Proposed Order)Associated Cases: 1:23-cv-20160-KMM, 1:23-cv-20263-KMM(Widlanski, Benjamin) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cadio Zirpoli. Filing Fee $ 200.00 Receipt # FLSDC-16272607 by MATTEO MARCHETTI. Responses due by 2/9/2023 (Attachments: #1 Certification of Cadio Zirpoli, #2 Text of Proposed Order)Associated Cases: 1:23-cv-20160-KMM, 1:23-cv-20263-KMM(Widlanski, Benjamin) |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joseph R. Saveri. Filing Fee $ 200.00 Receipt # FLSDC-16272606 by MATTEO MARCHETTI. Responses due by 2/9/2023 (Attachments: #1 Certification of Joseph R. Saveri, #2 Text of Proposed Order)Associated Cases: 1:23-cv-20160-KMM, 1:23-cv-20263-KMM(Widlanski, Benjamin) |
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Filing 9
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions having common questions of law or fact. The Court finds that Case Nos. 1:23-cv-20160-KMM and 1:23-cv-20263-KMM have common questions of fact and consolidation is appropriate. Accordingly, it is hereby ORDERED AND ADJUDGED that Case No. 1:23-cv-20263-KMM is CONSOLIDATED with Case No. 1:23-cv-20160-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 1:23-cv-20263-KMM. All future filings MUST be made in the lead case, 1:23-cv-20160-KMM, ONLY. All pending motions, if any, in Case No. 1:23-cv-20263-KMM are DENIED AS MOOT. It is FURTHER ORDERED that Plaintiff shall file an amended complaint in Case No. 1:23-cv-20160-KMM within seven (7) days of the entry of this Order. Signed by Judge K. Michael Moore on 1/26/2023. (soy)
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| Filing 8 WAIVER OF SERVICE Returned Executed by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. BH Management Services LLC waiver sent on 1/19/2023, response/answer due 3/20/2023. (Grossman, Lindsey) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. RealPage Inc waiver sent on 1/19/2023, response/answer due 3/20/2023. (Grossman, Lindsey) |
| Filing 6 Bar Letter re: Admissions sent to attorney David R. Scott, Patrick McGahan, Michael Srodoski, G. Dustin Foster, Thomas J. Undlin, Stacey P. Slaughter, Geoffrey H. Kozen, J. Austin Hurt, Vincent Briganti, Christian P. Levis, Peter Demato, Radhika Gupta, mailing date January 17, 2023, (pt) |
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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 Judge 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 1/17/2023. (fpi)
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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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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 1/17/2023. (fpi)
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| Filing 3 Summons Issued as to AvalonBay Communities, Inc., BH Management Services LLC, BOZZUTO MANAGEMENT COMPANY, Bell Partners Inc., Camden Property Trust, Conam Management Corp., Cortland Partners LLC, FPI Management Inc., Greystar Real Estate Partners, LLC, Highmark Residential LLC, Lantower Luxury Living LLC, Lincoln Property Company, Mid-America Apartment Communities Inc, Pinnacle Property Management Services LLC, RPM Living, LLC, RealPage Inc, UDR Inc, ZRS Management LLC. (aao) |
| 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. (aao) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16240847, filed by Patrick Parker, Priscilla Parker, Barry Amar-Hoover. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s), #11 Summon(s), #12 Summon(s), #13 Summon(s), #14 Summon(s), #15 Summon(s), #16 Summon(s), #17 Summon(s), #18 Summon(s), #19 Summon(s))(Grossman, Lindsey) |
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