Gonzalez et al v. Porter et al
| Francisco Gonzalez and Eric Vllanueva |
| Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC, Emerson Sousa Pires and Flavio Mendes Goncalves |
| 1:2023cv20356 |
| January 30, 2023 |
| U.S. District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2023. A more recent docket listing may be available from PACER.
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Filing 29
ORDER DENYING #24 Motion For Leave to Take the Limited Deposition of Mr. Joshua Nicholas. Signed by Judge Robert N. Scola, Jr., on 3/20/2023. See attached document for full details. (caw)
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Filing 28
REPLY to Response to Motion re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC. (Kolaya, Timothy)
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Filing 27
REPLY to Response to Motion re #24 MOTION MOTION FOR LEAVE TO JUST TAKE THE LIMITED DEPOSITION OF MR. JOSHUA NICHOLAS CLASS PLAINTIFFS BRIEF REPLY, IN SUPPORT OF MOTION FOR LEAVE TO TAKE THE ONE DEPOSITION OF MR. JOSHUA NICHOLAS filed by Francisco Gonzalez, Eric Vllanueva. (Moskowitz, Adam)
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Filing 26
RESPONSE in Opposition re #24 MOTION MOTION FOR LEAVE TO JUST TAKE THE LIMITED DEPOSITION OF MR. JOSHUA NICHOLAS filed by Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC. Replies due by 3/23/2023. (Attachments: #1 Exhibit 1 - Email from A. Moskowitz Dated March 6, 2023, #2 Exhibit 2 - Factual Proffer of Joshua Nicholas, #3 Exhibit 3 - Plea Agreement of Joshua Nicholas)(Kolaya, Timothy)
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Filing 25
PAPERLESS ORDER: expediting the briefing schedule, resetting the deadline for the Defendants to respond in opposition to the Plaintiffs' motion for leave to take deposition, and resetting the deadline for the Plaintiffs to reply in support of their motion. (ECF No. 24.) The Defendants shall file their response, if any, no later than March 16, 2023. The Plaintiffs shall file their reply, if any, no later than March 17, 2023. Signed by Judge Robert N. Scola, Jr. (cst)
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Set Deadlines per DE#25 as to #24 MOTION FOR LEAVE TO JUST TAKE THE LIMITED DEPOSITION OF MR. JOSHUA NICHOLAS. Responses due by 3/16/2023. Replies due by 3/17/2023. (scn)
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Filing 24
MOTION MOTION FOR LEAVE TO JUST TAKE THE LIMITED DEPOSITION OF MR. JOSHUA NICHOLAS by Francisco Gonzalez, Eric Vllanueva. (Attachments: #1 Exhibit)(Moskowitz, Adam)
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Filing 23
RESPONSE in Opposition re #13 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Francisco Gonzalez, Eric Vllanueva. Replies due by 3/20/2023. (Moskowitz, Adam)
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Filing 22
ORDER granting #14 Partial Motion to Stay. The Court stays all proceedings against Defendants Andrew C. Porter and Salvatore Prescott Porter & Porter, PLLC, until the Court resolves their motion to dismiss. (ECF No. 13.) Signed by Judge Robert N. Scola, Jr on 3/13/2023. See attached document for full details. (scn)
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Filing 21
REPLY to Response to Motion re #14 MOTION to Stay Discovery Temporarily Pending the Court's Ruling on Defendants' Motion to Dismiss Complaint filed by Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC. (Attachments: #1 Exhibit 1 - Emails from A. Moskowitz Dated March 6 and 9, 2023)(Kolaya, Timothy)
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Filing 20
RESPONSE in Opposition re #14 MOTION to Stay Discovery Temporarily Pending the Court's Ruling on Defendants' Motion to Dismiss Complaint filed by Francisco Gonzalez, Eric Vllanueva. Replies due by 3/10/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ferrer, Jose)
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Filing 19
NOTICE of Attorney Appearance by Amy Michelle Bowers on behalf of Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC. Attorney Amy Michelle Bowers added to party Andrew C. Porter(pty:dft), Attorney Amy Michelle Bowers added to party Salvatore Prescott Porter & Porter, PLLC(pty:dft). (Bowers, Amy)
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Filing 18
NOTICE of Compliance re #17 Order. Order at DE#17 mailed to Emerson Sousa Pires and Flavio Mendes Goncalves. (scn)
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Filing 17
ORDER on Default Judgment Procedure: Response due by 3/14/2023. Signed by Judge Robert N. Scola, Jr on 2/28/2023. See attached document for full details. (scn)
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Filing 16
PAPERLESS ORDER: expediting the briefing schedule, resetting the deadline for the Plaintiffs to respond in opposition to the Defendants' motion to stay discovery, and resetting the deadline for the Defendants to reply in support of their motion. (ECF No. 14.) The Plaintiffs shall file their response, if any, no later than March 3, 2023. The Defendants shall file their reply, if any, no later than March 10, 2023. Signed by Judge Robert N. Scola, Jr. (cst)
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Reset Deadline per DE#16 as to #14 MOTION to Stay Discovery Temporarily Pending the Court's Ruling on Defendants' Motion to Dismiss Complaint. Responses due by 3/3/2023. Replies due by 3/10/2023. (scn)
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Filing 15
Scheduling Order and Order of Referral to Mediation: Jury Trial set for 2/12/2024 in Miami Division before Judge Robert N. Scola Jr. Calendar Call set for 2/6/2024 9:00 AM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr on 2/27/2023. See attached document for full details. (scn) #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 14
MOTION to Stay Discovery Temporarily Pending the Court's Ruling on Defendants' Motion to Dismiss Complaint by Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC. Responses due by 3/13/2023 (Kolaya, Timothy)
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Filing 13
MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC. Responses due by 3/13/2023 (Attachments: #1 Exhibit 1 - Settlement Agreement)(Kolaya, Timothy)
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Filing 12
Clerk's Entry of Default as to Flavio Mendes Goncalves and Emerson Sousa Pires. Granting #10 Motion for Clerk's Entry of Default and Granting #11 Motion for Clerk's Entry of Default. Signed by DEPUTY CLERK on 2/27/2023. (scn)
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Filing 11
MOTION for Clerk's Entry of Default as to Emerson Sousa Pires by Francisco Gonzalez, Eric Vllanueva. (Attachments: #1 Exhibit A-Return of Service)(Ferrer, Jose)
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Filing 10
MOTION for Clerk's Entry of Default as to Flavio Mendes Goncalves by Francisco Gonzalez, Eric Vllanueva. (Attachments: #1 Exhibit A-Return of Service)(Ferrer, Jose)
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Filing 9
NOTICE by Francisco Gonzalez, Eric Vllanueva of Filing Affidavit of Jose M. Ferrer (Attachments: #1 Affidavit Affidavit of Jose M. Ferrer) (Ferrer, Jose)
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Filing 8
PAPERLESS ORDER: denying, without prejudice, Defendants Andrew C. Porter and Salvatore Prescott Porter & Porter, PLLC's (the "Attorney Defendants") motion to establish deadline for Defendants to file motion to dismiss the complaint. #7 . From the Court's review of the record, it appears that the Plaintiffs have not served, or have not filed proof of service for, any of the Defendants, including the Attorney Defendants. Accordingly, there is no current deadline for the Attorney Defendants to respond to the complaint. The Attorney Defendants therefore do not need to seek permission of the Court to respond to the complaint, if they choose to waive their right to service of process. Further, the Court observes that its order establishing general motion practice does not prevent the Attorney Defendants from filing a separate motion to dismiss the complaint; rather, it requires that if they do so, they provide an explanation for why they have a conflict of position with the other Defendants. (ECF No. 4.) If the Attorney Defendants have been served and are seeking an extension of time to respond to the complaint, they may refile their motion, provided they establish good cause for any requested extension. Signed by Judge Robert N. Scola, Jr. (cst)
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Filing 7
Unopposed MOTION to Establish Deadline for Defendants Andrew C. Porter and Salvatore Prescott Porter & Porter, PLLC to File Motion to Dismiss Complaint, and to File Motion to Dismiss Separately from Defendants Emerson Sousa Pires and Flavio Mendes Goncalves re #4 Order Referring Case to Magistrate Judge, by Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC. (Attachments: #1 Text of Proposed Order)(Perez Santiago, Jorge)
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Filing 6
Joint SCHEDULING REPORT - Rule 16.1 by Francisco Gonzalez, Eric Vllanueva (Moskowitz, Adam)
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Filing 5
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 2/3/2023. See attached document for full details. (fbn)
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Filing 4
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge: ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 1/30/2023. See attached document for full details. (scn)
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Filing 3
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Andrew C. Porter, Salvatore Prescott Porter & Porter, PLLC (Kolaya, Timothy)
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Filing 2
Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (rbe)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-16277815, filed by Salvatore Prescott Porter & Porter, PLLC, Andrew C. Porter. No Answer/ Motion to Dismiss Filed. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - State Court Civil Cover Sheet, #3 Exhibit 3 - State Court Summons (Porter), #4 Exhibit 4 - State Court Summons (Pires), #5 Exhibit 5 - State Court Summons (Goncalves), #6 Exhibit 6 - State Court Summons (Salvatore Prescott Porter & Porter, PLLC)), #7 Exhibit 7 - State Court Notice of Removal, #8 Civil Cover Sheet)(Kolaya, Timothy) Modified text & attachment description on 1/30/2023 (rbe).
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