Schottenstein et al v. Schottenstein-Pattap
| Evan Schottenstein and Avi Schottenstein |
| Cathryn Rebecca Schottenstein-Pattap |
| 1:2023cv20604 |
| February 14, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel, Assault, Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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Filing 28
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel B. Lifschitz. #27 . 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 #27 is GRANTED. Daniel B. Lifschitz may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: dlifschitz@jjllplaw.com. Signed by Judge K. Michael Moore on 4/14/2023. (rhr)
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| Filing 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel B. Lifschitz. Filing Fee $ 200.00 Receipt # AFLSDC-16534501 by Cathryn Rebecca Schottenstein-Pattap. Responses due by 4/27/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Lopez, Javier) |
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Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #25 . 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 #25 is GRANTED. Neville L. Johnson may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: njohnson@jjllplaw.com. Signed by Judge K. Michael Moore on 3/30/2023. (rhr)
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| Filing 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Neville L. Johnson. Pay.gov Agency Tracking ID FLSDC-16475465. Filing Fee $ 200.00 by Cathryn Rebecca Schottenstein-Pattap. Responses due by 4/12/2023 (Attachments: #1 Certification of Neville L. Johnson, #2 Text of Proposed Order)(Lopez, Javier) |
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Stipulated Motion for Substitution of Counsel. #23 . Therein, Defendant requests an order substituting Javier A. Lopez of Kozyak Tropin & Throckmorton PA as counsel of record for Defendant in place of Karen Linda Stetson of GrayRobinson P.A. Id. UPON CONSIDERATION of the Motion #23 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Karen Linda Stetson shall be relieved of all further responsibilities related to Defendant in these proceedings. The Clerk of the Court is INSTRUCTED to add Javier A. Lopez as counsel for Defendant and remove Karen Linda Stetson as counsel for Defendant. Signed by Judge K. Michael Moore on 3/29/2023. (rhr)
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| Filing 23 STIPULATED MOTION for Substitution of Counsel. Substituting Javier A. Lopez for Karen L. Stetson by Cathryn Rebecca Schottenstein-Pattap. Attorney Javier Asis Lopez added to party Cathryn Rebecca Schottenstein-Pattap(pty:dft). Responses due by 4/11/2023 (Lopez, Javier) |
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Filing 22
AMENDED PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Clarification. #20 . Therein, Defendant seeks clarification of this Court's Order granting Defendants an extension of time to respond to Plaintiff's Complaint (ECF No. 18). See id. Defendant seeks to ensure that it did not "waive any lawful responses to the Complaint" and notes that "[n]o decision has been made as to whether Defendant's response will take the form of a motion...or an Answer." Id. at 1-2. 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 #20 is GRANTED. Defendant shall file a response on or before May 14, 2023. Signed by Judge K. Michael Moore on 3/17/2023. (rhr)
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| Filing 21 Notice of Pending, Refiled, Related or Similar Actions by Cathryn Rebecca Schottenstein-Pattap (Attachments: #1 Exhibit A) (Stetson, Karen) |
| Filing 20 Defendant's MOTION for clarification 19 Order on Motion for Extension of Time to File Response/Reply/Answer,, DEFENDANTS MOTION FOR CLARIFICATION/REHEARING by Cathryn Rebecca Schottenstein-Pattap. Responses due by 3/30/2023 (Stetson, Karen) |
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Enlargement of Time to Respond to Complaint. #18 . Therein, Defendant seeks an extension of sixty (60) days to file an Answer given the length of the Complaint and the fifty-nine exhibits which accompany it. See id. at 1. 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 #18 is GRANTED. Defendant shall file an Answer on or before May 14, 2023. Signed by Judge K. Michael Moore on 3/15/2023. (rhr)
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| Filing 18 Unopposed Motion for Extension of Time to File Response/Reply/Answer by Cathryn Rebecca Schottenstein-Pattap. Attorney Karen Linda Stetson added to party Cathryn Rebecca Schottenstein-Pattap(pty:dft). (Stetson, Karen) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,,,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Evan Schottenstein, Avi Schottenstein. Cathryn Rebecca Schottenstein-Pattap served on 3/8/2023, response/answer due 3/29/2023. (Langley, Matthew) |
| Filing 16 CLERK'S Notice of Maintaining Audio-Visual Exhibit(s) received from Plaintiff Re D.E. 12 Order on Motion to Seal,,,, Order on Motion for Miscellaneous Relief,,,. Exhibit Numbers: 4,7,8,9,10,11,13,19,20,25,37,39,44-1,45-1,46-1, ( 1 Flash Drive ) Placed in Sealed Fileroom ) (rrs) Modified on 2/28/2023 (rrs). |
| Filing 15 Summons Issued as to Cathryn Rebecca Schottenstein-Pattap. (jas) |
| Filing 14 NOTICE of Filing Proposed Summons(es) by Avi Schottenstein, Evan Schottenstein (Langley, Matthew) |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Leave to File an Unredacted Copy of the Complaint Under Seal #9 , and Plaintiff's Motion to Lodge Electronic Exhibits with the Clerk and Provide Courtesy Copy [sic] to the Court. #10 . UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions #9 , #10 are GRANTED. Plaintiffs may file an unredacted copy of their Complaint under seal, and the filing shall be maintained under seal unless and until this Court orders otherwise. Plaintiffs may further file their electronic exhibits, on a conventional thumb drive, with the Court on or before March 1, 2023. Signed by Judge K. Michael Moore on 2/15/2023. (fpi)
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Filing 11
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. (ECF Nos. 6-8). UPON CONSIDERATION of the Motions, 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. 6-8) are GRANTED. J. Erik Connolly, Lee Muench and Brooke M. Rogers may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: econnolly@beneschlaw.com; lmuench@beneschlaw.com; and brogers@beneschlaw.com. Signed by Judge K. Michael Moore on 2/15/2023. (fpi)
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| Filing 10 MOTION to Lodge Electronic Exhibits with the Clerk and Provide Courtesy Copy to the Court by Avi Schottenstein, Evan Schottenstein. (Langley, Matthew) |
| Filing 9 MOTION to Seal - Motion for Leave to File an Unredacted Copy of the Complaint Under Seal per Local Rule 5.4 by Avi Schottenstein, Evan Schottenstein. (Langley, Matthew) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brooke M. Rogers. Filing Fee $ 200.00 Receipt # AFLSDC-16331322 by Avi Schottenstein, Evan Schottenstein. Responses due by 3/1/2023 (Langley, Matthew) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lee Muench. Filing Fee $ 200.00 Receipt # AFLSDC-16331263 by Avi Schottenstein, Evan Schottenstein. Responses due by 3/1/2023 (Langley, Matthew) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for J. Erik Connolly. Filing Fee $ 200.00 Receipt # AFLSDC-16331209 by Avi Schottenstein, Evan Schottenstein. Responses due by 3/1/2023 (Langley, Matthew) |
| Filing 5 Bar Letter re: Admissions sent to attorney J. Erik Connolly, Lee B. Muench and Brooke M. Rogers, mailing date February 15, 2023, (pt) |
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Filing 4
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 2/15/2023. (fpi)
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Filing 3
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 2/15/2023. (fpi)
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| SYSTEM ENTRY - Docket Entry 13 [misc] restricted/sealed until further notice. (1294985) |
| 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. (nwn) |
| Filing 1 COMPLAINT against Cathryn Rebecca Schottenstein-Pattap. Filing fees $ 402.00 receipt number AFLSDC-16328655, filed by Evan Schottenstein, Avi Schottenstein. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 0-Index, #3 Exhibit 1-Web Article, #4 Exhibit 2-Web Article, #5 Exhibit 3-Web Article, #6 Exhibit 4-Video, #7 Exhibit 5-Web Article, #8 Exhibit 6-Web Article, #9 Exhibit 7-Video, #10 Exhibit 8-Video, #11 Exhibit 9-Video, #12 Exhibit 10-Video, #13 Exhibit 11-Video, #14 Exhibit 12-Web Article, #15 Exhibit 13-Video, #16 Exhibit 14-Web Article, #17 Exhibit 15-Web Article, #18 Exhibit 16-Web Article, #19 Exhibit 17-Web Article, #20 Exhibit 18-Web Article, #21 Exhibit 19-Video, #22 Exhibit 20-Video, #23 Exhibit 21-Web Article, #24 Exhibit 22-Web Article, #25 Exhibit 23-Web Article, #26 Exhibit 24-Web Article, #27 Exhibit 25-Video, #28 Exhibit 26-Web Article, #29 Exhibit 27-Web Article, #30 Exhibit 28-Transcript, #31 Exhibit 29-Transcript, #32 Exhibit 30-Transcript, #33 Exhibit 31-Web Article, #34 Exhibit 32-Web Article, #35 Exhibit 33-Assignment of Photograph 1, #36 Exhibit 34-Registration of Photograph 1, #37 Exhibit 35-Image on Website, #38 Exhibit 36-Instagram, #39 Exhibit 37-Video, #40 Exhibit 38-Instagram, #41 Exhibit 39-Video, #42 Exhibit 40-Instagram, #43 Exhibit 41-Instagram, #44 Exhibit 42-Instagram, #45 Exhibit 43-Instagram, #46 Exhibit 44-Facebook Post, #47 Exhibit 44-1-Video, #48 Exhibit 45-Facebook Post, #49 Exhibit 45-1-Video, #50 Exhibit 46-Facebook Post, #51 Exhibit 46-1-Video, #52 Exhibit 47-LinkedIn, #53 Exhibit 48-LinkedIn, #54 Exhibit 49-LinkedIn, #55 Exhibit 50-Bloomberg Video, #56 Exhibit 51-Columbus Dispatch Article, #57 Exhibit 52-Columbus Dispatch Article, #58 Exhibit 53-Assignment of Photograph 2, #59 Exhibit 54-Registration of Photograph 2)(Langley, Matthew) |
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