Foisie v. Biss et al
Plaintiff: Janet Foisie
Defendant: Worchester Polytechnic Institute, Patricia Biss and Unknown Representative of the Estate of Robert A. Foisie
Case Number: 2:2019cv14143
Filed: April 26, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Shaniek M Maynard
Referring Judge: Robin L Rosenberg
Nature of Suit: Real Property: Other
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2019 Filing 39 RESPONSE in Support re #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support filed by Worchester Polytechnic Institute. (Boeke, Noel)
June 20, 2019 Opinion or Order Filing 38 ORDER SETTING DISCOVERY STATUS CONFERENCE and ORDER REQUIRING JOINT DISCOVERY STATUS REPORT Joint Discovery Status Report due by 12/9/2019. Telephonic final Discovery Status Conference set for 12/12/2019 02:30 PM before Magistrate Judge Shaniek M. Maynard. Signed by Magistrate Judge Shaniek M. Maynard on 6/20/2019. See attached document for full details. (ebz)
June 13, 2019 Filing 37 REPLY in Support re #19 MOTION to Remand to State Court filed by Janet Foisie. (Clayton, Walter)
June 13, 2019 Filing 36 RESPONSE in Opposition re #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support filed by Janet Foisie. Replies due by 6/20/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Clayton, Walter)
June 10, 2019 Opinion or Order Filing 35 ORDER Granting #27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joshua James Bone. Signed by Magistrate Judge Shaniek M. Maynard on 6/10/2019. See attached document for full details. (ebz)
June 10, 2019 Opinion or Order Filing 34 PAPERLESS ORDER granting #32 Motion for Extension of Time to File Response/Reply to Motion. Replies on the #12 Motion to Dismiss due by 6/27/2019. Signed by Judge Robin L. Rosenberg on 6/10/2019. (kbs)
June 10, 2019 Opinion or Order Filing 33 PAPERLESS ORDER REFERRING #19 MOTION to Remand to State Court to Judge Shaniek M. Maynard. Signed by Judge Robin L. Rosenberg on 6/10/2019. (kbs)
June 10, 2019 Filing 32 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support, 26 Order on Motion for Extension of Time to File Response/Reply/Answer,, by Worchester Polytechnic Institute. (Boeke, Noel)
June 10, 2019 Filing 30 AFFIDAVIT signed by : Khalid Shabazz. of Service on Patricia Biss by Janet Foisie (Clayton, Walter)
June 7, 2019 Opinion or Order Filing 31 SCHEDULING ORDER: ( All Discovery due by 1/6/2020.), and ORDER REFERRING CASE to Mediation. ( Mediation Deadline 2/27/2020.) Signed by Judge Robin L. Rosenberg on 6/7/2019. See attached document for full details. (ls)
June 7, 2019 Filing 29 MEMORANDUM in Opposition re #19 MOTION to Remand to State Court by Worchester Polytechnic Institute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Boeke, Noel)
June 7, 2019 Filing 28 Joint SCHEDULING REPORT - Rule 26(f) by Patricia Biss, Unknown Representative of the Estate of Robert A. Foisie, Worchester Polytechnic Institute (Boeke, Noel)
June 7, 2019 Filing 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua James Bone. Filing Fee $ 75.00 Receipt # 113C-11711022 by Worchester Polytechnic Institute. Responses due by 6/21/2019 (Boeke, Noel)
June 6, 2019 Opinion or Order Filing 26 PAPERLESS ORDER granting in part and denying in part Plaintiff's #24 Motion to File Out of Time Response. The Court grants an extension to Plaintiff to respond to the Motion to Dismiss, but only until June 13, 2019. The Court notes that the Motion does not comply with Local Rule 7.1(a)(3), however the Court is issuing its ruling on the Motion so as not to incur further delay in the briefing of the Motion to Dismiss. In addition, the Court cautions Plaintiff's counsel of counsel's responsibility to monitor the notices of electronic filings in this case; further failures to monitor docket activity in this case will not be excused. Signed by Judge Robin L. Rosenberg on 6/6/2019. (kbs)
June 6, 2019 Filing 25 Clerks Notice to Filer re #24 MOTION for Extension of Time to File Response to Motion to Dismiss re #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
June 5, 2019 Filing 24 Motion for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support by Janet Foisie. Responses due by 6/19/2019 (Clayton, Walter) Modified Relief on 6/6/2019 (ls).
May 31, 2019 Filing 23 STATUS REPORT Remand Status Report by Worchester Polytechnic Institute (Attachments: #1 Exhibit A)(Boeke, Noel)
May 24, 2019 Filing 22 CERTIFICATE OF SERVICE by Worchester Polytechnic Institute re #20 Notice of Court Practice/to Appear/Other (Boeke, Noel)
May 24, 2019 Filing 21 CERTIFICATE OF SERVICE by Worchester Polytechnic Institute re #16 Order on Motion to Appear Pro Hac Vice, #14 Order on Motion to Appear Pro Hac Vice, #13 Order, #11 Scheduling Order,,,, Order of Requirements,,,, Order Referring Case to Magistrate Judge,,, #15 Order on Motion to Appear Pro Hac Vice, (Boeke, Noel)
May 24, 2019 Filing 20 Notice of Court Practice In Removal Cases. Signed by Judge Robin L. Rosenberg on 5/24/2019. See attached document for full details. (jas)
May 24, 2019 Filing 19 MOTION to Remand to State Court by Janet Foisie. (Clayton, Walter)
May 24, 2019 Filing 18 Notice of Pending, Refiled, Related or Similar Actions by Janet Foisie (Clayton, Walter)
May 24, 2019 Filing 17 NOTICE of Attorney Appearance by Walter Andrew Clayton, Jr on behalf of Janet Foisie. Attorney Walter Andrew Clayton, Jr added to party Janet Foisie(pty:pla). (Clayton, Walter)
May 24, 2019 Opinion or Order Filing 16 ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jennifer L. Chunias, Esq.. Signed by Magistrate Judge Shaniek M. Maynard on 5/23/2019. See attached document for full details. (jas)
May 23, 2019 Opinion or Order Filing 15 ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Samuel J. Gamer, Esq.. Signed by Magistrate Judge Shaniek M. Maynard on 5/23/2019. See attached document for full details. (jas)
May 23, 2019 Opinion or Order Filing 14 ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Roberto M. Braceras, Esq.. Signed by Magistrate Judge Shaniek M. Maynard on 5/23/2019. See attached document for full details. (jas)
May 20, 2019 Opinion or Order Filing 13 ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Shaniek M. Maynard on 5/20/2019. See attached document for full details. (ebz)
May 17, 2019 Filing 12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support by Worchester Polytechnic Institute. Responses due by 5/31/2019 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Boeke, Noel)
May 16, 2019 Opinion or Order Filing 11 ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OFREQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: (Jury Trial set for 4/27/2020 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 4/22/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 3/11/2020 09:30 AM before Judge Robin L. Rosenberg.), Order of Court-Mandated Requirements in, ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard for Discovery Matters. Signed by Judge Robin L. Rosenberg on 5/16/2019. See attached document for full details. (ebz) #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.
April 30, 2019 Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Roberto M. Braceras. Filing Fee $ 75.00 Receipt # 113C-11600203 by Worchester Polytechnic Institute. Responses due by 5/14/2019 (Boeke, Noel)
April 30, 2019 Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Samuel J. Gamer. Filing Fee $ 75.00 Receipt # 113C-11600176 by Worchester Polytechnic Institute. Responses due by 5/14/2019 (Boeke, Noel)
April 30, 2019 Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Chunias. Filing Fee $ 75.00 Receipt # 113C-11600083 by Worchester Polytechnic Institute. Responses due by 5/14/2019 (Boeke, Noel)
April 29, 2019 Filing 7 CERTIFICATE OF SERVICE by Worchester Polytechnic Institute re 2 Clerk's Notice of Judge Assignment,, #6 Certificate of Other Affiliates/Corporate Disclosure Statement, #5 Bar Letter, #3 Agreed MOTION for Extension of Time to File Response/Reply/Answer to Complaint, 4 Order on Motion for Extension of Time to File Response/Reply/Answer (Boeke, Noel)
April 29, 2019 Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Worchester Polytechnic Institute (Boeke, Noel)
April 29, 2019 Filing 5 Bar Letter re: Admissions sent to attorney John J. Waskom, mailing date April 29, 2019, (pt)
April 29, 2019 Opinion or Order Filing 4 PAPERLESS ORDER granting #3 Motion for Extension of Time to File Response/Answer. Answer due 5/17/2019. Signed by Judge Robin L. Rosenberg on 4/29/2019. (kbs)
April 29, 2019 Filing 3 Agreed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by Worchester Polytechnic Institute. (Boeke, Noel)
April 26, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (ebz)
April 26, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11593541, filed by Worchester Polytechnic Institute. No Motion to Dismiss and/or Answer has been attached.(Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Boeke, Noel) Modified on 4/29/2019 (ebz).

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Plaintiff: Janet Foisie
Represented By: John J. Waskom
Represented By: Walter Andrew Clayton, Jr.
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Defendant: Worchester Polytechnic Institute
Represented By: Noel Robert Boeke
Represented By: Roberto M. Braceras
Represented By: Joshua James Bone
Represented By: Jennifer L. Chunias
Represented By: Samuel J. Gamer
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Defendant: Patricia Biss
Represented By: Noel Robert Boeke
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Defendant: Unknown Representative of the Estate of Robert A. Foisie
Represented By: Noel Robert Boeke
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