Kennett et al v. Potter et al
| James Kennett and John Burnett |
| Rebecca Potter, Phyllis LaBellarte and Sherwood Apartments, LLC |
| 1:2023cv20863 |
| March 4, 2023 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 25 Defendant's MOTION to Stay Discovery Pending the Court's Ruling on Defendants' Motion to Dismiss [D.E. 18] by Phyllis LaBellarte, Rebecca Potter, Sherwood Apartments, LLC. Responses due by 5/16/2023 (Attachments: #1 Exhibit Order Resetting Trial in the Florida Action)(Beaulieu, Andrew) |
| Reset Deadlines as to #18 Joint MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction #1 Complaint . Responses due by 5/8/2023 (ls)(per DE #24) |
Filing 24
PAPERLESS ORDER granting #23 the Plaintiffs' Unopposed Motion for Extension of Time. The Plaintiffs shall respond to the Motion to Dismiss [ECF No. 18] by May 8, 2023. Signed by Judge Roy K. Altman on 4/27/2023. (mg01)
|
| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #18 Joint MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction #1 Complaint by John Burnett, James Kennett. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(Magolnick, Joel) |
|
Filing 22
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 3/25/2024 in Miami Division before Judge Roy K. Altman., Calendar Call set for 3/19/2024 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 6/5/2023., Discovery due by 11/28/2023., Expert Discovery due by 11/28/2023., Joinder of Parties due by 6/5/2023., Mediation Deadline 12/12/2023., In Limine Motions due by 2/19/2024., Dispositive Motions due by 12/20/2023., Motions due by 12/20/2023., Pretrial Stipulation due by 3/11/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 12/12/2023.), ORDER REFERRING CASE to Magistrate Judge all pretrial non-dispositive and discovery matters are hereby referred to United States Magistrate Lisette M. Reid. Signed by Judge Roy K. Altman on 4/17/2023. See attached document for full details. (nan) #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. Modified text to correct Motions in Limine deadline on 4/19/2023 (nan).
|
| Filing 21 Amended Certificate of Other Affiliates/Corporate Disclosure Statement by Phyllis LaBellarte, Rebecca Potter, Sherwood Apartments, LLC identifying Other Affiliate Lender West, LLC, Other Affiliate J3 Collins Ave, LLC for Rebecca Potter (Beaulieu, Andrew) |
| Filing 20 Clerk's Notice to Filer re #19 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (cds) |
| Filing 19 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Phyllis LaBellarte, Rebecca Potter, Sherwood Apartments, LLC (Beaulieu, Andrew) |
| Filing 18 Joint MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM and, MOTION to Dismiss for Lack of Jurisdiction #1 Complaint ( Responses due by 4/28/2023) by Phyllis LaBellarte, Rebecca Potter, Sherwood Apartments, LLC. Attorney Andrew Edward Beaulieu added to party Phyllis LaBellarte(pty:dft), Attorney Andrew Edward Beaulieu added to party Rebecca Potter(pty:dft), Attorney Andrew Edward Beaulieu added to party Sherwood Apartments, LLC(pty:dft). (Attachments: #1 Exhibit Declaration of A. Beaulieu, #2 Exhibit Annual Reports - J3 Ventures, #3 Exhibit Declaration of R. Potter, #4 Exhibit Declaration of P. LaBellarte, #5 Exhibit Declaration of Sherwood Apartments, LLC)(Beaulieu, Andrew) |
| Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by John Burnett, James Kennett (Attachments: #1 Text of Proposed Order, #2 Supplement)(Menje, Robert) |
|
Filing 16
Order Requiring Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 4/14/2023. Signed by Judge Roy K. Altman on 4/3/2023. See attached document for full details. (ls)
|
| Filing 15 Initial Disclosure(s) of Interested Persons and Rule 7.1 Disclosures by John Burnett, James Kennett (Magolnick, Joel) |
| Reset Response/Answer Due Deadline: Phyllis LaBellarte response/answer due 4/14/2023; Rebecca Potter response/answer due 4/14/2023; Sherwood Apartments, LLC response/answer due 4/14/2023. (ls)(per DE #13) |
|
Filing 14
PAPERLESS ORDER granting in part #12 the Defendants' Motion for Leave to File Excess Pages. The Defendants may file a response that's no more than 25 pages. Signed by Judge Roy K. Altman on 3/27/2023. (mg01)
|
|
Filing 13
PAPERLESS ORDER granting #11 the Defendants' Unopposed Motion for Extension of Time. The Defendants shall respond to the Complaint by April 14, 2023. We'll take this opportunity to remind the Defendants that our Order in Cases With Multiple Defendants [ECF No. 7] requires that "[t]he Defendants shall file their responses and motions jointly," id. at 1 (emphasis added). Signed by Judge Roy K. Altman on 3/27/2023. (mg01)
|
| Filing 12 Unopposed MOTION for Leave to File Excess Pages in Response to Complaint by Phyllis LaBellarte, Rebecca Potter, Sherwood Apartments, LLC. (Attachments: #1 Text of Proposed Order)(Hernandez, Jennifer) |
| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Phyllis LaBellarte, Rebecca Potter, Sherwood Apartments, LLC. Attorney Jennifer Nicole Hernandez added to party Phyllis LaBellarte(pty:dft), Attorney Jennifer Nicole Hernandez added to party Rebecca Potter(pty:dft), Attorney Jennifer Nicole Hernandez added to party Sherwood Apartments, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Hernandez, Jennifer) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by James Kennett, John Burnett. Phyllis LaBellarte served on 3/13/2023, response/answer due 4/3/2023. (Magolnick, Joel) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by James Kennett, John Burnett. Sherwood Apartments, LLC served on 3/10/2023, response/answer due 3/31/2023. (Magolnick, Joel) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by James Kennett, John Burnett. Rebecca Potter served on 3/10/2023, response/answer due 3/31/2023. (Magolnick, Joel) |
|
Filing 7
ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 3/6/2023. See attached document for full details. (scn)
|
| Filing 6 Summons Issued as to Phyllis LaBellarte, Rebecca Potter, Sherwood Apartments, LLC. (jas) |
| Filing 5 NOTICE of Filing Proposed Summons(es) Sherwood Apartments, LLC by John Burnett, James Kennett re #1 Complaint filed by James Kennett, John Burnett (Magolnick, Joel) |
| Filing 4 NOTICE of Filing Proposed Summons(es) Phyllis Labellarte by John Burnett, James Kennett re #1 Complaint filed by James Kennett, John Burnett (Magolnick, Joel) |
| Filing 3 NOTICE of Filing Proposed Summons(es) Rebecca Potter by John Burnett, James Kennett re #1 Complaint filed by James Kennett, John Burnett (Magolnick, Joel) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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-16395253, filed by James Kennett, John Burnett. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Magolnick, Joel) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
