Maria Investments, Inc. v. Best Buy Stores, LP
| Maria Investments, Inc. |
| Best Buy Stores, LP |
| 1:2024cv21825 |
| May 10, 2024 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Edwin G Torres |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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Filing 21
ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRAGE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: Jury Trial set for 10/20/2025 10:00 AM in Miami Division before Judge Jacqueline Becerra. Calendar Call set for 10/14/2025 10:00 AM before Judge Jacqueline Becerra. ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Jacqueline Becerra on 7/3/2024. See attached document for full details. (wce) #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 20 Joint SCHEDULING REPORT - Rule 26(f) by Maria Investments, Inc. (Attachments: #1 Text of Proposed Order Proposed Order Setting Trial, Calendar Call, Reference to Magistrate Judge, Pretrial Deadlines, and Pretrial Procedures)(Katzman, Steven) |
| Filing 19 SUGGESTION OF BANKRUPTCY as to Maria Investments, Inc. by Maria Investments, Inc. (Wernick, Aaron) |
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Filing 18
PAPERLESS ORDER REGARDING JOINT SCHEDULING REPORT. THIS CAUSE came before the Court upon the parties' Joint Scheduling Report at ECF No. #16 (the "JSR"), submitted pursuant to this Court's Paperless Order Regarding Procedures (the "Order"), ECF No. 6 . The Order requires the Parties to utilize the Court's template scheduling order and instructs that "[a]ny deviation from the guidelines set forth in the Court's template scheduling order or those proposed by the Local Rules should be noted in the Joint Scheduling Report along with an explanation for why more or less time is necessary." Notwithstanding the Court's directions, and although the parties' JSR deviates from the Court's guidelines, no explanation was provided to justify the deviation. Accordingly, the Parties are ORDERED to file a JSR that complies with the Order and that includes the information required by the Court's Order by no later than July 3, 2024. Signed by Judge Jacqueline Becerra on 7/1/2024. (ymr)
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| Filing 17 Second Amended ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Best Buy Stores, LP. (Squire, Robert) |
| Filing 16 Joint SCHEDULING REPORT - Rule 16.1 by Maria Investments, Inc. (Attachments: #1 Text of Proposed Order Proposed Order Setting Trial, Calendar Call, Reference to Magistrate Judge, Pretrial Deadlines, and Pretrial Procedures)(Katzman, Steven) |
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Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Robert J. Squire, Esq. on behalf of Heather Chang, Esq. (the "Motion"). ECF No. #12 . Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. #12 , is GRANTED as to Heather Chang, Esq. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 6/15/2024. (ymr)
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Robert J. Squire, Esq., on behalf of Michael A. Geibelson, Esq. (the "Motion") ECF No. #11 . Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. #11 , is GRANTED as to Michael A. Geibelson, Esq. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 6/15/2024. (ymr)
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| Filing 13 Initial Disclosure(s) by Maria Investments, Inc. (Katzman, Steven) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Heather R. Chang. Filing Fee $ 200.00 Receipt # AFLSDC-17608493 by Best Buy Stores, LP. Responses due by 6/28/2024. (Attachments: #1 Certification)(Squire, Robert) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael A. Geibelson. Filing Fee $ 200.00 Receipt # AFLSDC-17608453 by Best Buy Stores, LP. Responses due by 6/28/2024. (Attachments: #1 Certification)(Squire, Robert) |
| Filing 10 NOTICE of Attorney Appearance by Charles J. Bennardini on behalf of Maria Investments, Inc.. Attorney Charles J. Bennardini added to party Maria Investments, Inc.(pty:pla). (Bennardini, Charles) |
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Filing 9
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. This Court's Order Regarding Procedures on Service, Defaults, Certificate of Interested Parties, and Joint Scheduling Reports, entered May 10, 2024 (the "Order"), required the Parties to file a Joint Scheduling Report as required by Local Rule 16.1 by no later than twenty days from the date the last Defendant enters an appearance in this action. ECF No. 6 . Defendant, the only defendant in this case, filed a Notice of Removal on May 10, 2024 and answered the Complaint on May 16, 2024. ECF Nos. #1 , #7 . On June 10, 2024, Defendant filed an amended answer to the Complaint. ECF No. #8 . However, to date, the Parties have yet to file their required Joint Scheduling Report. Accordingly, it is hereby ORDERED AND ADJUDGED that the Parties shall file their Joint Scheduling Report in accordance with the Order by no later than June 18, 2024. Failure to comply will result in dismissal of this case without prejudice and without further notice. In drafting their Joint Proposed Scheduling Order, the Parties shall utilize the Court's template scheduling order, found at https://www.flsd.uscourts.gov/sites/flsd/files/TemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's template scheduling order or those proposed by the Local Rules should be noted in the Joint Scheduling Report along with an explanation for why more or less time is necessary. The Court provides these guidelines to assist the parties in proposing deadlines that are meaningful and realistic for the parties, counsel, and the Court. If the Court selects the trial date and dispositive motion deadline that the Parties proposed in their Joint Scheduling Report, the Court will not extend those deadlines absent extraordinary circumstances. Signed by Judge Jacqueline Becerra on 6/11/2024. (ymr)
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| Reset Deadline per DE#9: Joint Scheduling Report due by 6/18/2024 (scn) |
| Filing 8 AMENDED ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Best Buy Stores, LP. (Squire, Robert) |
| Filing 7 ANSWER and Affirmative Defenses to Complaint by Best Buy Stores, LP. (Squire, Robert) |
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Filing 6
PAPERLESS ORDER REGARDING PROCEDURES. The Court enters the following Order to apprise the parties of its procedures. The parties shall comply with the following: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendant within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff shall file a motion for clerk's default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for final default judgment, if applicable, shall be filed within seven days of the entry of default. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In proposing deadlines and trial dates in their Joint Scheduling Report, the parties are advised that the Court prefers for all discovery to be closed approximately 60 days prior to the deadline for filing dispositive motions, which should be due approximately 120 days prior to the first day of the trial period. Mediation may be completed after the close of discovery. Any deviation of more than thirty days from these guidelines or those proposed by the Local Rules should be noted in the Joint Scheduling Report along with an explanation for why more or less time is necessary. The Court provides these guidelines to assist the parties in proposing deadlines that are meaningful and realistic for the parties, counsel and the Court. Any enlargement of time that moves the dispositive motion deadline will not be granted absent extraordinary circumstances. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel provided at least forty-eight hours for a response before the filing of the motion. 6. EXTENSIONS OF TIME: Compliance with all deadlines--whether set by Court order or under the Federal and Local Rules--is mandatory. Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include (1) the conferral statement required under Local Rule 7.1 specifying what methods were used to confer; (2) a list of any prior motions for extension of time, the basis for those requests, and whether they were granted; (3) a specific statement regarding the circumstances necessitating the requested relief; (4) a specific period for the relief requested, and (5) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 5/10/2024. (ymr)
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| Filing 5 NOTICE Civil Cover Sheet by Best Buy Stores, LP re #1 Notice of Removal (State Court Complaint), (Attachments: #1 Civil Cover Sheet) (Squire, Robert) |
| Filing 4 Corporate Disclosure Statement by Best Buy Stores, LP (Squire, Robert) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (ar24) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (ar24) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 405.00 receipt number AFLSDC-17520988, filed by Best Buy Stores, LP. (Attachments: #1 Affidavit, #2 State Court Complaint)(Squire, Robert) No Answer / Motion to Dismiss filed. Modified on 5/10/2024 (ar24). Modified on 5/10/2024 (ar24). |
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