Indiantown Marine Center LLC et al v. Florida East Coast Railway, LLC et al
| Indiantown Marine Center LLC, MarineMax, Inc., Mobro Marine, Inc., Beyel Brothers Inc., McCulley Marine Services, Inc., Ferreira Construction Co., Inc., DL MILLING FAMILY, LLC, ATLANTIC & GULF DREDGING & MARINE, LLC, Willis Custom Yachts, LLC, AC MERIDIAN MARINA, LLC, INDICO PROPERTIES, INC. d/b/a INDIANTOWN MARINA, HMY Yacht Sales, Inc., SIMPLY YACHTS, LLC, Beyel Brothers, Inc., INDICO PROPERTIES, INC. doing business as INDIANTOWN MARINA, Grand Banks Yacht Services, LLC doing business as GB MARINE GROUP, Marine Industries Association of the Treasure Coast, Inc., The Southwest Florida Marine Industries Association, Inc. doing business as The Marine Industries Association of Southwest Florida & Tampa Bay, Red2Green Marine, LLC, P and L Towing and Transportation, Inc., Stuart Yard, LLC and Spencer Christopher Maritime Holdings Inc. doing business as Spencer Christopher Yacht Management |
| Florida East Coast Railway, LLC, United States Coast Guard, Army Corps Of Engineers, U.S., Army Corps Of Engineers and All Aboard Florida - Operations LLC |
| 2:2023cv14122 |
| April 28, 2023 |
| US District Court for the Southern District of Florida |
| Shaniek Mills Maynard |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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| Filing 30 NOTICE of Voluntary Dismissal by AC MERIDIAN MARINA, LLC, ATLANTIC & GULF DREDGING & MARINE, LLC, Beyel Brothers, Inc., DL MILLING FAMILY, LLC, Ferreira Construction Co., Inc., Grand Banks Yacht Services, LLC, HMY Yacht Sales, Inc., INDICO PROPERTIES, INC., Indiantown Marine Center LLC, Marine Industries Association of the Treasure Coast, Inc., MarineMax, Inc., McCulley Marine Services, Inc., Mobro Marine, Inc., P and L Towing and Transportation, Inc., Red2Green Marine, LLC, SIMPLY YACHTS, LLC, Spencer Christopher Maritime Holdings Inc., Stuart Yard, LLC, The Southwest Florida Marine Industries Association, Inc., Willis Custom Yachts, LLC (Attachments: #1 Text of Proposed Order Order re Plaintiffs Voluntary Dismissal) (Mansfield, Gary) |
| Filing 29 JOINT STIPULATION FOR DISMISSAL WITHOUT PREJUDICE by AC MERIDIAN MARINA, LLC, ATLANTIC & GULF DREDGING & MARINE, LLC, Beyel Brothers, Inc., DL MILLING FAMILY, LLC, Ferreira Construction Co., Inc., Grand Banks Yacht Services, LLC, HMY Yacht Sales, Inc., INDICO PROPERTIES, INC., Indiantown Marine Center LLC, Marine Industries Association of the Treasure Coast, Inc., MarineMax, Inc., McCulley Marine Services, Inc., Mobro Marine, Inc., P and L Towing and Transportation, Inc., Red2Green Marine, LLC, SIMPLY YACHTS, LLC, Spencer Christopher Maritime Holdings Inc., Stuart Yard, LLC, The Southwest Florida Marine Industries Association, Inc., Willis Custom Yachts, LLC (Attachments: #1 Text of Proposed Order Proposed Order Joint Stipulation for Dismissal)(Mansfield, Gary) Modified text on 6/22/2023 (ebz). |
| Filing 28 NOTICE by AC MERIDIAN MARINA, LLC, ATLANTIC & GULF DREDGING & MARINE, LLC, Beyel Brothers, Inc., DL MILLING FAMILY, LLC, Ferreira Construction Co., Inc., Grand Banks Yacht Services, LLC, HMY Yacht Sales, Inc., INDICO PROPERTIES, INC., Indiantown Marine Center LLC, Marine Industries Association of the Treasure Coast, Inc., MarineMax, Inc., McCulley Marine Services, Inc., Mobro Marine, Inc., P and L Towing and Transportation, Inc., Red2Green Marine, LLC, SIMPLY YACHTS, LLC, Spencer Christopher Maritime Holdings Inc., Stuart Yard, LLC, The Southwest Florida Marine Industries Association, Inc., Willis Custom Yachts, LLC re #22 Scheduling Order,,,, Order Referring Case to Mediation,,, Notice of Filing Joint Discovery Plan (Mansfield, Gary) |
| Filing 27 Corporate Disclosure Statement by All Aboard Florida - Operations LLC identifying Corporate Parent Florida Investment Holdings, LLC for All Aboard Florida - Operations LLC (Stearns, Eugene) |
| Filing 26 NOTICE of Striking Corporate Disclosure Statement by All Aboard Florida - Operations LLC (Stearns, Eugene) |
| Filing 25 Clerk's Notice to Filer re #24 Certificate of Other Affiliates/Corporate Disclosure Statement. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - 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 typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ebz) |
| Filing 24 STRICKEN. Corporate Disclosure Statement by All Aboard Florida - Operations LLC identifying Corporate Parent Florida Investment Holdings, LLC for All Aboard Florida - Operations LLC (Buttrick, Matthew) Modified per DE #26 Notice of Striking on 5/30/2023 (ebz). |
| Filing 23 NOTICE of Attorney Appearance by Andrew Joshua Steif on behalf of Florida East Coast Railway, LLC. Attorney Andrew Joshua Steif added to party Florida East Coast Railway, LLC(pty:dft). (Steif, Andrew) |
Filing 22
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 7/31/2023., Discovery due by 11/21/2023., Expert Discovery due by 11/21/2023., Joinder of Parties due by 7/31/2023., In Limine Motions due by 1/2/2024., Dispositive Motions due by 12/15/2023., Pretrial Stipulation due by 1/29/2024., Jury Trial set for 2/26/2024 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 2/21/2024 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Shaniek Mills Maynard on 5/22/2023. 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.
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| Filing 21 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Shaniek Mills Maynard: Telephonic Scheduling Conference held on 5/22/2023. Attorney Appearances: David Stone, Esq., Ryan Boonstra, Esq., and Gary Mansfield, Esq. for Plaintiffs || Michael Freed, Esq. for Defendant Florida East Coast Railway; AUSA Alicia Welch for Defendants U.S. Coast Guard/Army Corps of Engineers; Matthew Buttrick, Esq. and Veronica De Zayas, Esq. for Defendant Brightline Trains Florida. Pretrial scheduling matters discussed. Scheduling Order to follow. (DAR: SMM_5-22-2023__100pm_23cv14098, 23cv14122 || Total Time in Court: 13 mins.) (jrz) |
| Filing 20 First MOTION for Disclosure by Florida East Coast Railway, LLC. (Freed, Michael) |
| Filing 19 AMENDED COMPLAINT against All Aboard Florida - Operations LLC, Army Corps Of Engineers, Florida East Coast Railway, LLC, United States Coast Guard, filed by INDICO PROPERTIES, INC., DL MILLING FAMILY, LLC, MarineMax, Inc., Indiantown Marine Center LLC, SIMPLY YACHTS, LLC, Ferreira Construction Co., Inc., Mobro Marine, Inc., Willis Custom Yachts, LLC, HMY Yacht Sales, Inc., ATLANTIC & GULF DREDGING & MARINE, LLC, Beyel Brothers, Inc., AC MERIDIAN MARINA, LLC, McCulley Marine Services, Inc., Grand Banks Yacht Services, LLC d/b/a GB Marine Group, Marine Industries Association of the Treasure Coast, Inc., The Southwest Florida Marine Industries Association, Inc. d/b/a The Marine Industries Association of Southwest Florida & Tampa Bay, Red2Green Marine, LLC, P and L Towing and Transportation, Inc., Stuart Yard, LLC, Spencer Christopher Maritime Holdings Inc. d/b/a Spencer Christopher Yacht Management.(Mansfield, Gary) |
| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by AC MERIDIAN MARINA, LLC, ATLANTIC & GULF DREDGING & MARINE, LLC, Beyel Brothers, Inc., DL MILLING FAMILY, LLC, Ferreira Construction Co., Inc., HMY Yacht Sales, Inc., INDICO PROPERTIES, INC., Indiantown Marine Center LLC, MarineMax, Inc., McCulley Marine Services, Inc., Mobro Marine, Inc., SIMPLY YACHTS, LLC, Willis Custom Yachts, LLC (Mansfield, Gary) |
| Filing 17 NOTICE of Attorney Appearance by Michael R Freed on behalf of Florida East Coast Railway, LLC. Attorney Michael R Freed added to party Florida East Coast Railway, LLC(pty:dft). (Freed, Michael) |
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Filing 16
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ryan Boonstra. Signed by Judge Donald M. Middlebrooks on 5/12/2023. (kco)
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Filing 15
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael H. Payne. Signed by Judge Donald M. Middlebrooks on 5/12/2023. (kco)
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Filing 14
ORDER GRANTING BRIGHTLINE'S MOTION TO INTERVENE. ORDER granting #7 Motion to Intervene. Brightline's Motion to Intervene (DE7) is GRANTED. All Aboard Florida- Operations LLC, n/k/a Brightline Trains Florida, LLC is ADDED as a Defendant. The deadline for all Defendants, including All Aboard Florida-Operations LLC, n/k/a/ Brightline Trains Florida, LLC, to respond to the Complaint is the deadline applicable to the federal Defendants, USCG and USACE. Signed by Judge Donald M. Middlebrooks on 5/11/2023. See attached document for full details. (nan)
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| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ryan Boonstra, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-16610964 by AC MERIDIAN MARINA, LLC, ATLANTIC & GULF DREDGING & MARINE, LLC, Beyel Brothers, Inc., DL MILLING FAMILY, LLC, Ferreira Construction Co., Inc., HMY Yacht Sales, Inc., INDICO PROPERTIES, INC., Indiantown Marine Center LLC, MarineMax, Inc., McCulley Marine Services, Inc., Mobro Marine, Inc., SIMPLY YACHTS, LLC, Willis Custom Yachts, LLC. Responses due by 5/25/2023 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order)(Mansfield, Gary) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael H. Payne, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-16610691 by AC MERIDIAN MARINA, LLC, ATLANTIC & GULF DREDGING & MARINE, LLC, Beyel Brothers, Inc., DL MILLING FAMILY, LLC, Ferreira Construction Co., Inc., HMY Yacht Sales, Inc., INDICO PROPERTIES, INC., Indiantown Marine Center LLC, MarineMax, Inc., McCulley Marine Services, Inc., Mobro Marine, Inc., SIMPLY YACHTS, LLC, Willis Custom Yachts, LLC. Responses due by 5/25/2023 (Attachments: #1 Exhibit Certification, #2 Text of Proposed Order)(Mansfield, Gary) |
| Filing 11 NOTICE of Attorney Appearance by Jeffrey Arthur Collier on behalf of All Aboard Florida - Operations LLC, n/k/a Brightline Trans Florida, LLC. Attorney Jeffrey Arthur Collier added to party All Aboard Florida - Operations LLC, n/k/a Brightline Trans Florida, LLC(pty:dft). (Collier, Jeffrey) |
| Filing 10 NOTICE by Army Corps Of Engineers, United States Coast Guard re #3 Summons Issued Insufficient Service of Process on Federal Defendants. Attorney Alicia Hayley Welch added to party Army Corps Of Engineers(pty:dft), Attorney Alicia Hayley Welch added to party United States Coast Guard(pty:dft). (Welch, Alicia) |
| Filing 9 NOTICE of Attorney Appearance by Veronica Louise De Zayas on behalf of All Aboard Florida - Operations LLC, n/k/a Brightline Trans Florida, LLC. Attorney Veronica Louise De Zayas added to party All Aboard Florida - Operations LLC, n/k/a Brightline Trans Florida, LLC(pty:dft). (De Zayas, Veronica) |
| Filing 8 NOTICE of Attorney Appearance by Matthew W. Buttrick on behalf of All Aboard Florida - Operations LLC, n/k/a Brightline Trans Florida, LLC. Attorney Matthew W. Buttrick added to party All Aboard Florida - Operations LLC, n/k/a Brightline Trans Florida, LLC(pty:dft). (Buttrick, Matthew) |
| Filing 7 MOTION to Intervene by All Aboard Florida - Operations LLC, n/k/a Brightline Trans Florida, LLC. Attorney Eugene E. Stearns added to party All Aboard Florida - Operations LLC, n/k/a Brightline Trans Florida, LLC(pty:dft). (Attachments: #1 Exhibit A, #2 Exhibit B)(Stearns, Eugene) |
| Filing 6 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for MONDAY, MAY 22, 2023 at 1:00 PM in Fort Pierce Division before U.S. Magistrate Judge Shaniek Mills Maynard. To participate, the parties shall call the Court's telephone conference line number at (888) 684-8852 and use Access Code 5312437. The parties shall confer and file, by WEDNESDAY, MAY 17, 2023, a Joint Scheduling Report pursuant to Local Rule 16.1.B. To the extent a Joint Scheduling Report has previously been filed, the parties shall file an amended version based on the existing trial date. The parties shall also begin pre-trial tasks now, in advance of the conference. This includes the exchange of initial disclosures and the start of discovery coordination. This is necessary so that the parties can complete all pre-trial tasks within the time allotted and have the case ready for trial by the current trial date. The parties must be prepared for the Conference at their assigned time but may have to wait 10-20 minutes before their Conference begins, as the Court sets multiple cases for the same time slot. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 5/4/2023. (jrz) |
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Filing 5
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 2/26/2024 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks., Calendar Call set for 2/21/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Shaniek Mills Maynard for Shaniek Mills Maynard to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 5/4/2023. 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 on 5/4/2023 (nan).
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| Filing 4 Bar Letter re: Admissions sent to attorney Matthew Skaroff, mailing date May 1, 2023, (pt) |
| Filing 3 Summons Issued as to Army Corps Of Engineers, Florida East Coast Railway, LLC, United States Coast Guard. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (rbe) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16578912, filed by Indiantown Marine Center LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Mansfield, Gary) |
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