A Boat 4 Fun Inc v. Dream Catcher Marine LLC

Plaintiff: A Boat 4 Fun Inc
Defendant: Dream Catcher Marine LLC
Case Number: 4:2018cv10136
Filed: August 20, 2018
Court: US District Court for the Southern District of Florida
Office: Key West Office
County: Monroe (Office: Key West)
Presiding Judge: K Michael Moore
Referring Judge: Andrea M Simonton
Nature of Suit: Torts to Land
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Docket Report

This docket was last retrieved on October 18, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 18, 2018 Filing 19 Unopposed MOTION to Stay re 5 Pretrial Order,,,,,,,,,,,,,, #12 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and For Failure To State a Claim, #18 SCHEDULING REPORT - Rule 26(f)/16.1 Defendant's Unopposed Motion to Stay Issuance of Scheduling Order Pending Determination of Subject-Matter Jurisdiction by Dream Catcher Marine LLC. Responses due by 11/1/2018 (Attachments: #1 Text of Proposed Order)(Davant, Charles)
October 18, 2018 Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by A Boat 4 Fun Inc (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Hitt, Elizabeth)
October 10, 2018 Filing 17 Corporate Disclosure Statement by Dream Catcher Marine LLC (Davant, Charles)
October 10, 2018 Filing 16 Notice of Pending, Refiled, Related or Similar Actions by Dream Catcher Marine LLC (Davant, Charles)
October 10, 2018 Filing 15 Plaintiff's MOTION for Discovery Jurisdictional Discovery by A Boat 4 Fun Inc. Responses due by 10/24/2018 (Attachments: #1 Exhibit "A" Limitation Action, #2 Exhibit "B" Voluntary Dismissal Exoneration Action, #3 Exhibit "C" State Court Complaint, #4 Exhibit "D" Geico Policy, #5 Exhibit "E" Geico Claim Letter, #6 Exhibit "F" Pearson Key West Property Tax Bill 2017)(Ader, Robert)
October 1, 2018 Filing 14 Certificate of Interested Parties/Corporate Disclosure Statement by A Boat 4 Fun Inc identifying Other Affiliate Samuel Charles Stoia, Other Affiliate Alana Stoia, Other Affiliate My Family Trust, Other Affiliate Mathew Stoia for A Boat 4 Fun Inc (Hitt, Elizabeth)
September 27, 2018 Filing 13 NOTICE of Attorney Appearance by Aaron Michael Dmiszewicki on behalf of Dream Catcher Marine LLC. Attorney Aaron Michael Dmiszewicki added to party Dream Catcher Marine LLC (pty:dft). (Dmiszewicki, Aaron)
September 26, 2018 Filing 12 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and For Failure To State a Claim by Dream Catcher Marine LLC. Attorney Charles Stuart Davant added to party Dream Catcher Marine LLC (pty:dft). Responses due by 10/10/2018 (Attachments: #1 Exhibit A - Signed Declaration)(Davant, Charles)
September 24, 2018 Filing 11 Clerks Notice to Filer re #9 Summons Returned Executed. Incorrect Party Selected; ERROR - The filer selected the incorrect party as served. The correction was made by the Clerk and filing was re-docketed, see [de#10]. It is not necessary to refile this document. (ls)
September 21, 2018 Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by A Boat 4 Fun Inc. Dream Catcher Marine LLC served on 9/5/2018, answer due 9/26/2018. (ls)(See Image at DE #9)
September 21, 2018 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by A Boat 4 Fun Inc. A Boat 4 Fun Inc served on 9/5/2018, answer due 9/26/2018. (Ader, Robert)
August 28, 2018 Filing 8 Summons Issued as to Dream Catcher Marine LLC. (ls)
August 27, 2018 Filing 7 NOTICE of Filing Proposed Summons(es) by A Boat 4 Fun Inc re 4 Clerks Notice to Filer re: Electronic Case, Summons(es), #1 Complaint, filed by A Boat 4 Fun Inc (Attachments: #1 Exhibit Proposed Summons) (Ader, Robert)
August 20, 2018 Opinion or Order Filing 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton 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 Andrea M. Simontons discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 8/20/2018. (mll)
August 20, 2018 Opinion or Order Filing 5 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. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three 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 Chief Judge K. Michael Moore on 8/20/2018. (mll)
August 20, 2018 Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (lh)
August 20, 2018 Filing 3 Clerks Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (lh)
August 20, 2018 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton 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. (lh)
August 20, 2018 Filing 1 COMPLAINT against Dream Catcher Marine LLC. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-10919133, payment transferred from : 18-10135 A Boat 4 Fun In vs Dream Catcher Marine LLC, filed by A Boat 4 Fun Inc. (Attachments: #1 Exhibit "A", #2 Civil Cover Sheet, #3 Summon(s))(Ader, Robert)

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Plaintiff: A Boat 4 Fun Inc
Represented By: Elizabeth Brady Hitt
Represented By: Robert Alan Ader
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Defendant: Dream Catcher Marine LLC
Represented By: Charles Stuart Davant
Represented By: Aaron Michael Dmiszewicki
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