Blake-Skuya v. Bev Smith of Fort Pierce II, Inc.
| Nicola Ann Blake-Skuya |
| BEV SMITH OF FORT PIERCE II, INC. and Bev Smith of Fort Pierce II, Inc. doing business as Bev Smith Kia |
| 2:2023cv14043 |
| February 24, 2023 |
| US District Court for the Southern District of Florida |
| Ryon M McCabe |
| K Michael Moore |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Stipulation of Dismissal. #13 . Therein, the Parties stipulate to the dismissal of this matter with prejudice. Id. at 1. Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(ii). Here, the Joint Stipulation is signed by all parties who have appeared. #13 at 1. Accordingly, UPON CONSIDERATION of the Joint Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITH PREJUDICE. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 4/3/2023. (rfr)
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| Filing 16 Clerk's Notice to Filer re #13 Stipulation of Dismissal. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 15 Clerk's Notice to Filer re #12 Certificate of Other Affiliates/Corporate Disclosure Statement,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 14 Clerk's Notice to Filer re #11 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 13 STIPULATION of Dismissal with Prejudice by Bev Smith of Fort Pierce II, Inc. (DE Zayas, Carlos) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Bev Smith of Fort Pierce II, Inc. identifying Other Affiliate Newhart Legal PA,for Bev Smith of Fort Pierce II, Inc. (DE Zayas, Carlos) Modified Text on 4/3/2023 (ls). |
| Filing 11 NOTICE of Attorney Appearance by Carlos Luis DE Zayas on behalf of Bev Smith of Fort Pierce II, Inc.. Attorney Carlos Luis DE Zayas added to party Bev Smith of Fort Pierce II, Inc.(pty:dft). (DE Zayas, Carlos) |
| Filing 10 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the Notice of Settlement. #9 . Therein, the Parties state they have reached a settlement in this case. Id. at 1. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure within thirty (30) days from the date of the Notice. If such papers are not filed within the time specified, this matter will be dismissed and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. Signed by Judge K. Michael Moore on 3/21/2023. (rfr) |
| Filing 9 NOTICE of Settlement by Nicola Ann Blake-Skuya (Feygin, Joshua) |
| Filing 8 NOTICE of Attorney Appearance by Darren R. Newhart on behalf of Nicola Ann Blake-Skuya. Attorney Darren R. Newhart added to party Nicola Ann Blake-Skuya(pty:pla). (Newhart, Darren) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nicola Ann Blake-Skuya. BEV SMITH OF FORT PIERCE II, INC. served on 3/1/2023, response/answer due 3/22/2023. (Feygin, Joshua) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURE Signed by Magistrate Judge Ryon M. McCabe on 2/28/2023. See attached document for full details. (nan)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE RYON M. MCCABE. 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 Ryon M. McCabe 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 Ryon M. McCabe's discovery procedures. Signed by Judge K. Michael Moore on 2/28/2023. (rfr)
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Filing 4
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 2/28/2023. (rfr)
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| Filing 3 Summons Issued as to BEV SMITH OF FORT PIERCE II, INC.. (aao) |
| 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 Ryon M. McCabe 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 BEV SMITH OF FORT PIERCE II, INC.. Filing fees $ 402.00 receipt number AFLSDC-16363124, filed by Nicola Ann Blake-Skuya. (Attachments: #1 Summon(s) Summons, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Exhibit A, #4 Supplement Corporate Disclosure)(Feygin, Joshua) |
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