Philippeaux v. Miami Apartments Investors, LLC et al
| Eddy J. Philippeaux |
| Miami Apartments Investors, LLC c/o United Corprate Serbices, Inc. doing business as Monarc At Met3, John Doe, Baron Residential Management and Sharon Fothergill |
| 1:2023cv21275 |
| April 3, 2023 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Civil Rights: Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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Filing 43
RESPONSE in Opposition re #42 MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Eddy J. Philippeaux. Replies due by 7/24/2023. (Attachments: #1 Exhibit)(pcs)
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Filing 42
MOTION TO DISMISS #37 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Baron Residential Management, Sharon Fothergill, Miami Apartments Investors, LLC. Responses due by 7/24/2023 (Vo, Stephanie)
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Filing 41
ORDER Scheduling Mediation before Eric Kleinman. Mediation Hearing set for 12/15/2023 2:30 PM. Mediation Report Deadline 12/20/2023. Signed by Judge Beth Bloom on 6/30/2023. See attached document for full details. (scn)
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Filing 40
NOTICE of Mediation Hearing. Mediation Hearing set for 1:23-cv-21275-BB. (Kleinman, Eric)
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Filing 39
NOTICE of Filing of Emails Correspondence with Defendants by Eddy J. Philippeaux. (scn)
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Filing 38
PAPERLESS ORDER : THIS CAUSE is before the Court upon a sua sponte review of the record. On May 26, 2023, the Court ordered the parties to jointly file a proposed order scheduling mediation no later than June 16, 2023. ECF No. #29 . On June 20, 2023, the Court noted that the parties had failed to comply with the Scheduling Order and ordered the parties to comply by June 27, 2023. ECF No. 30 . The Court warned that failure to comply would result in sanctions, including, but not limited to, dismissal without prejudice. On June 21, 2023, in accordance with Plaintiff's request, the Clerk appointed Eric Kleinman as Mediator. However, as of today's date, the parties have failed to file a proposed order scheduling mediation. The Court will give the parties a final opportunity to comply with the Scheduling Order. No later than July 6, 2023, the parties shall file a proposed order scheduling mediation, in accordance with the Court's Scheduling Order. Failure to comply will result in sanctions including, but not limited to, dismissal of this case without further notice. Signed by Judge Beth Bloom (aun)
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Filing 37
AMENDED COMPLAINT against Baron Residential Management, John Doe (Owner of Baron Residential Management), John Doe (Owner of Monarc At Met3), Sharon Fothergill, Miami Apartments Investors, LLC filed in response to Order Granting Motion for Leave, filed by Eddy J. Philippeaux. (Attachments: #1 Exhibits)(scn)
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Filing 36
NOTICE of Filing of Court Ordered Amended Complaint by Eddy J. Philippeaux. (scn)
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Filing 34
Clerk's Appointment of Mediator: Eric S. Kleinman added (pt)
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Filing 33
CLERK'S NOTICE re 32 Order Directing the Clerk to Appoint a Neutral Mediator. Additional Notice of Electronic Filing (NEF) sent to Mediation Clerk (MedClk) (scn)
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Filing 32
PAPERLESS ORDER granting in part and denying in part ECF No. #31 . The Clerk is DIRECTED to assign a neutral Mediator. The Court will not set a date of Mediation. Once a Mediator is assigned, the Court expects Plaintiff and Defendants' counsel to work together to schedule a mutually agreeable date for Mediation. Signed by Judge Beth Bloom (aun)
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Filing 35
ORDER GRANTING IN PART AND DENYING IN PART #21 DEFENDANTS' Motion to Dismiss for Failure to State a Claim. Count I is DISMISSED with prejudice. Count III is DISMISSED without prejudice. The Motion for More Definite Statement is DENIED without prejudice. AMENDED COMPLAINT due by 7/5/2023. Signed by Judge Beth Bloom on 6/20/2023. See attached document for full details. (caw)
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Filing 31
MOTION For Intervention by the Court for Mediation by Eddy J. Philippeaux. Responses due by 7/5/2023. (scn)
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Filing 30
PAPERLESS ORDER: THIS CAUSE is before the Court upon a sua sponte review of the record. On May 26, 2023, the Court ordered the parties to jointly file a proposed order scheduling mediation, setting forth their selected mediator pursuant to Local Rule 16.2, and a time, date, and place for mediation. ECF No. #29 ("Scheduling Order "). To date, the parties have not complied, nor have they shown cause. Accordingly, it is ORDERED AND ADJUDGED that on or before June 27, 2023, the parties shall comply with the requirements of the Scheduling Order, and jointly file a proposed order scheduling mediation. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice. The parties are reminded that pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the proposed order is also to be emailed to bloom@flsd.uscourts.gov in Word format. The CM/ECF Administrative Procedures may be viewed at www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Signed by Judge Beth Bloom (aun)
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Filing 29
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Amended Pleadings due by 7/25/2023. Discovery due by 1/23/2024. Fact Discovery due by 1/23/2024. Expert Discovery due by 1/23/2024. Joinder of Parties due by 7/25/2023. Mediation Deadline 2/6/2024. In Limine Motions due by 5/6/2024. Dispositive Motions due by 2/14/2024. Motions due by 2/14/2024. Pretrial Stipulation due by 5/6/2024., JURY TRIAL set for 5/20/2024 at 09:00 AM in Miami Division before Judge Beth Bloom. CALENDAR CALL set for 5/14/2024 at 01:45 PM in Miami Division before Judge Beth Bloom. ORDER REFERRING CASE to Mediation. Mediation Deadline 2/6/2024. ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 5/26/2023. See attached document for full details. (caw) #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 28
Corporate Disclosure Statement by Miami Apartments Investors, LLC identifying Corporate Parent Newport Office Center VI LLC for Miami Apartments Investors, LLC (Vo, Stephanie)
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Filing 27
Joint SCHEDULING REPORT - Rule 16.1 by Baron Residential Management, Sharon Fothergill, Miami Apartments Investors, LLC (Attachments: #1 Exhibit Exhibit A - Proposed Order)(Vo, Stephanie)
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Filing 26
RESPONSE in Support re #21 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by Baron Residential Management, Sharon Fothergill, Miami Apartments Investors, LLC. (Vo, Stephanie)
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Filing 25
RESPONSE in Opposition re #21 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Eddy J. Philippeaux. Replies due by 5/22/2023. (pcs)
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Filing 24
Consent by Pro Se Litigant (Non-Prisoner) Eddy J. Philippeaux to receive Notices of Electronic Filing at email address: eddyjean01@yahoo.com (pcs)
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Filing 23
PAPERLESS ORDER granting #19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Scott P. Moore. Signed by Judge Beth Bloom (aun)
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Filing 22
PAPERLESS ORDER granting #20 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Sara A. McCue. Signed by Judge Beth Bloom (aun)
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Filing 21
MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by Baron Residential Management, Sharon Fothergill, Miami Apartments Investors, LLC. Responses due by 5/19/2023 (Vo, Stephanie)
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Filing 20
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sara A. McCue. Filing Fee $ 200.00 Receipt # AFLSDC-16595908 by Baron Residential Management, Sharon Fothergill, Miami Apartments Investors, LLC. Responses due by 5/19/2023 (Vo, Stephanie)
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Filing 19
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott P. Moore. Filing Fee $ 200.00 Receipt # AFLSDC-16595850 by Baron Residential Management, Sharon Fothergill, Miami Apartments Investors, LLC. Attorney Stephanie Huynh Vo added to party Baron Residential Management(pty:dft), Attorney Stephanie Huynh Vo added to party Sharon Fothergill(pty:dft), Attorney Stephanie Huynh Vo added to party Miami Apartments Investors, LLC(pty:dft). Responses due by 5/19/2023 (Vo, Stephanie)
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Filing 18
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Miami Apartments Investors, LLC served on 4/14/2023, response/answer due 5/5/2023. (pcs)
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Filing 17
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Sharon Fothergill served on 4/14/2023, response/answer due 5/5/2023. (pcs)
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Filing 16
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 John Doe (Owner of Baron Residential Management) served on 4/14/2023, response/answer due 5/5/2023. (pcs)
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Filing 15
SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Baron Residential Management served on 4/14/2023, response/answer due 5/5/2023. (pcs)
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Filing 14
Summons Issued as to Baron Residential Management. (pcs)
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Filing 13
Summons Issued as to Miami Apartments Investors, LLC. (pcs)
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Filing 12
Summons Issued as to Sharon Fothergill. (pcs)
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Filing 11
Summons Issued as to John Doe (Owner of Baron Residential Management). (pcs)
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Filing 10
PAPERLESS ORDER denying #8 Motion for Reconsideration. Plaintiff's Motion does not assert a valid basis for reconsideration of the Court's conclusion that Plaintiff is not entitled to proceed in forma pauperis. Moreover, the Motion is moot because the Clerk received his filing fees on April 5, 2023. See ECF No. #5 . Signed by Judge Beth Bloom (aun)
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Filing 9
Consent by Pro Se Litigant (Non-Prisoner) Eddy J. Philippeaux to receive Notices of Electronic Filing at email address: eddyjean01@yahoo.com (pcs)
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Filing 8
MOTION for Reconsideration re #4 Order on Motion for Leave to Proceed in forma pauperis, by Eddy J. Philippeaux. (pcs)
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Filing 7
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 4/5/2023. See attached document for full details. (scn)
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Filing 6
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Beth Bloom on 4/5/2023. See attached document for full details. (scn)
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Filing 5
Clerks Notice of Receipt of Filing Fee received on 4/5/2023 in the amount of $ 402.00, receipt number FLS267361. (vt)
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Filing 4
ORDER DENYING #3 Motion for Leave to Proceed in forma pauperis. On or before 4/18/2023, the petitioner shall pay the applicable filing fee to the Clerk's Office. Filing Fee due by 4/18/2023. Signed by Judge Beth Bloom on 4/4/2023. See attached document for full details. (caw)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Eddy J. Philippeaux. (drz)
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Filing 2
Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (drz)
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Filing 1
COMPLAINT for retaliatory eviction while ADA and FHA was pending on appeal before eleventh circuit court of appeals and for theft and loss of all personal property and household goods by moving company "trans van lines" result of defendants' eviction and conspiracy against Baron Residential Management, John Doe (Owner of Baron Residential Management), John Doe (Owner of Monarc At Met3), Sharon Fothergill, Miami Apartments Investors, LLC. Filing fees $ 402.00. IFP Filed, filed by Eddy J. Philippeaux. (Attachments: #1 Exhibit, #2 Proposed Waiver of Summons and Proposed Summons, #3 Civil Cover Sheet)(drz)
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