Lutz v. HomeServices of America, Inc. et al
| James Lutz |
| HomeServices of America, Inc., BHH Affiliates, LLC, HSF Affiliates, LLC and Douglas Elliman Inc. |
| 4:2024cv10040 |
| April 29, 2024 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Anti-Trust |
| 15 U.S.C. § 0001 Antitrust Litigation |
| Plaintiff |
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| Set/Reset Deadlines/Hearings per DE 52 Order. Joint Scheduling Report due by 7/29/2024 (amb) |
Filing 52
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Douglas Elliman Inc.'s Unopposed Motion for Extension of Time to Conduct Scheduling Conference and Submit Joint Scheduling Report. #51 . Therein, Defendant Douglas Elliman Inc. requests a thirty (30) day extension of time for the Parties to conduct a scheduling conference and to submit their joint scheduling report. Id. at 1. In support of this request, Douglas Elliman states that it "was added as a defendant in this matter less than two weeks ago and seeks additional time to assess its own position before conferring with counsel for Plaintiff and the [other] Defendants." Id. at 2. Among other things, Douglas Elliman states that it requires additional time to (i) "assess its own claims and defenses [and] potentially coordinate its positions and defenses" with the other Defendants, (ii) "better investigate the scope of its own discovery burden," and (iii) "determine whether and how, if at all, discovery in this action may be impacted by discovery in the other similar actions currently pending by plaintiffs' counsel." Id. at 3. Plaintiff James Lutz and Defendants HomeServices of America, Inc. BHH Affiliates, LLC, and HSF Affiliates, LLC do not oppose the relief requested. Id. at 4. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #51 is GRANTED. The Parties shall conduct a scheduling conference on or before July 29, 2024, and shall submit a joint scheduling report on or before August 7, 2024. Signed by Judge K. Michael Moore on 6/25/2024. (mh02)
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| Filing 51 Unopposed MOTION for Extension of Time to Conduct Scheduling Conference and Submit Joint Scheduling Report by Douglas Elliman Inc.. Responses due by 7/8/2024. (Attachments: #1 Text of Proposed Order)(Luther, Kelly) |
| Filing 50 Corporate Disclosure Statement by Douglas Elliman Inc. (Luther, Kelly) |
| Filing 49 NOTICE of Attorney Appearance by Kelly Anne Luther on behalf of Douglas Elliman Inc.. Attorney Kelly Anne Luther added to party Douglas Elliman Inc.(pty:dft). (Luther, Kelly) |
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Filing 48
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC's (collectively, "HomeServices Defendants") Unopposed Motion for Extension of Time to Respond to Amended Complaint. #47 . Therein, the HomeServices Defendants request that the Court extend the deadline for their response to Plaintiff's Amended Complaint #45 until August 19, 2024, in order to coincide with the response deadline for newly added Defendant Douglas Elliman Inc. Id. at 1. The HomeServices Defendants explain that the requested extension "will allow the HomeServices Defendants and [Defendant Douglas Elliman Inc.] to file a joint motion to dismiss if no conflicts of position arise," in accordance with the Court's Pretrial Order. Id.; see also (ECF No. 4) ("Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position."). Plaintiff does not oppose the relief requested. Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #47 is GRANTED. The HomeServices Defendants shall file their response to Plaintiff's Amended Complaint #45 on or before August 19, 2024. Signed by Judge K. Michael Moore on 6/21/2024. (mh02)
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| Filing 47 Unopposed MOTION for Extension of Time to Respond to Amended Complaint by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Responses due by 7/8/2024. (Holecek, Michael) |
| Filing 46 WAIVER OF SERVICE Returned Executed by James Lutz. Douglas Elliman Inc. waiver sent on 6/18/2024, response/answer due 8/19/2024. (Ewing, Randall) |
| Filing 45 AMENDED COMPLAINT against BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc., Douglas Elliman Inc., filed by James Lutz.(Ewing, Randall) |
| Set/Reset Deadlines/Hearings per DE 44 Order. ( Motion to Dismiss due by 6/14/2024.), Set/Reset Deadlines/Hearings as to ( Responses due by 7/16/2024., Replies due by 8/2/2024.) (amb) |
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Filing 44
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Extension of Time for Motion to Dismiss Briefing Schedule. #40 . Therein, the Parties request an extension of time to file Defendants' Motion to Dismiss Plaintiff's Complaint, as well as the corresponding response and reply deadlines, because "this is a complex antitrust class action raising claims under the laws of dozens of jurisdictions and counsel for Defendants were only recently retained." Id. at 1. The Parties further note that their new proposed briefing schedule "substantially tightens the briefing schedule that was set out in the Stipulation that was stricken" by the Court on May 23, 2024. Id. at 1-2; see also (ECF No. 39). UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #40 is GRANTED. Defendants shall file their Motion to Dismiss on or before June 14, 2024. Plaintiff shall file his response to Defendants' Motion to Dismiss on or before July 16, 2024. Defendants shall file their reply in support to their Motion to Dismiss on or before August 2, 2024. Signed by Judge K. Michael Moore on 5/24/2024. (mh02)
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| Filing 43 Corporate Disclosure Statement by HSF Affiliates, LLC identifying Corporate Parent Berkshire Hathaway Energy, Other Affiliate Berkshire Hathaway Inc., Other Affiliate HomeServices of America, Inc., Other Affiliate HS Franchise Holdings, LLC for HSF Affiliates, LLC (Holecek, Michael) |
| Filing 42 Corporate Disclosure Statement by BHH Affiliates, LLC identifying Corporate Parent Berkshire Hathaway Energy, Other Affiliate Berkshire Hathaway Inc., Other Affiliate HomeServices of America, Inc., Other Affiliate HSF Affiliates LLC, Other Affiliate HS Franchise Holdings, LLC for BHH Affiliates, LLC (Holecek, Michael) |
| Filing 41 Corporate Disclosure Statement by HomeServices of America, Inc. identifying Corporate Parent Berkshire Hathaway Energy, Other Affiliate Berkshire Hathaway Inc. for HomeServices of America, Inc. (Holecek, Michael) |
| Filing 40 Joint MOTION for Extension of Time for Motion to Dismiss Briefing Deadlines re #1 Complaint by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Responses due by 6/7/2024. (Attachments: #1 Text of Proposed Order)(Holecek, Michael) |
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Filing 39
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulation to Extend Time for Defendants to Respond to the Complaint. #30 . Therein, the Parties state that they "have agreed to, and respectively submit for approval by the Court,... [a] schedule for Defendants' Motion to Dismiss." Id. at 2. Specifically, the Parties request that the Court adopt the following proposed briefing schedule: (1) Defendants will jointly file one motion to dismiss by July 2, 2024; (2) Plaintiff will file his opposition to the motion to dismiss by August 26, 2024; and (3) Defendants will jointly file one reply to the opposition to the motion to dismiss by September 25, 2024. Id. at 2. However, the Parties do not explain why such an extended briefing schedule is necessary in this case. Accordingly, UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Stipulation to Extend Time for Defendants to Respond to the Complaint #30 is STRICKEN. It is further ORDERED that to the extent the Parties seek an extension of time with respect to certain deadlines, the Parties shall file a motion requesting such relief rather than a stipulation. Signed by Judge K. Michael Moore on 5/23/2024. (mh02)
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Filing 38
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jesse D. Schupack. #34 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #34 is GRANTED. Jesse D. Schupack may appear pro hac vice in this matter on behalf of Defendants HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/23/2024. (mh02)
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Filing 37
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alison M. Johnson. #33 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #33 is GRANTED. Alison M. Johnson may appear pro hac vice in this matter on behalf of Defendants HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/23/2024. (mh02)
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Filing 36
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah M. Kushner. #32 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #32 is GRANTED. Sarah M. Kushner may appear pro hac vice in this matter on behalf of Defendants HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/23/2024. (mh02)
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Filing 35
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher D. Dusseault. #31 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #31 is GRANTED. Christopher D. Dusseault may appear pro hac vice in this matter on behalf of Defendants HomeServices of America, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/23/2024. (mh02)
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| Filing 34 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jesse D. Schupack. Filing Fee $ 200.00 Receipt # AFLSDC-17547553 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Responses due by 6/4/2024. (Attachments: #1 Text of Proposed Order)(Holecek, Michael) |
| Filing 33 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alison M. Johnson. Filing Fee $ 200.00 Receipt # AFLSDC-17547551 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Responses due by 6/4/2024. (Attachments: #1 Text of Proposed Order)(Holecek, Michael) |
| Filing 32 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah M. Kushner. Filing Fee $ 200.00 Receipt # AFLSDC-17547539 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Responses due by 6/4/2024. (Attachments: #1 Text of Proposed Order)(Holecek, Michael) |
| Filing 31 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher D. Dusseault. Filing Fee $ 200.00 Receipt # BFLSDC-17547505 by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Responses due by 6/4/2024. (Attachments: #1 Text of Proposed Order)(Holecek, Michael) |
| Filing 30 (STRICKEN PER DE#39)STIPULATION to Extend Time for Defendants to Respond to the Complaint by BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc. (Attachments: #1 Text of Proposed Order)(Holecek, Michael) Text Modified on 5/24/2024 (cqs). |
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Filing 29
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Vincent Briganti. #23 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #23 is GRANTED. Vincent Briganti may appear pro hac vice in this matter on behalf of Plaintiff James Lutz. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/15/2024. (mh02)
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Filing 28
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Claire Noelle Forde. #22 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #22 is GRANTED. Claire Noelle Forde may appear pro hac vice in this matter on behalf of Plaintiff James Lutz. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/15/2024. (mh02)
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Filing 27
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christian Levis. #21 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #21 is GRANTED. Christian Levis may appear pro hac vice in this matter on behalf of Plaintiff James Lutz. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/15/2024. (mh02)
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Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for George Zelcs. #20 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #20 is GRANTED. George Zelcs may appear pro hac vice in this matter on behalf of Plaintiff James Lutz. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/15/2024. (mh02)
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Klenov. #19 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #19 is GRANTED. Michael Klenov may appear pro hac vice in this matter on behalf of Plaintiff James Lutz. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/14/2024. (mh02)
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Carol O'Keefe. #17 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #17 is GRANTED. Carol O'Keefe may appear pro hac vice in this matter on behalf of Plaintiff James Lutz. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/14/2024. (mh02)
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| Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Vincent Briganti. Filing Fee $ 200.00 Receipt # AFLSDC-17527573 by James Lutz. Responses due by 5/28/2024. (Ewing, Randall) |
| Filing 22 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Claire Noelle Forde. Filing Fee $ 200.00 Receipt # AFLSDC-17527565 by James Lutz. Responses due by 5/28/2024. (Ewing, Randall) |
| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christian Levis. Filing Fee $ 200.00 Receipt # AFLSDC-17527545 by James Lutz. Responses due by 5/28/2024. (Ewing, Randall) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for George Zelcs. Filing Fee $ 200.00 Receipt # AFLSDC-17526939 by James Lutz. Responses due by 5/28/2024. (Ewing, Randall) |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Klenov. Filing Fee $ 200.00 Receipt # AFLSDC-17523220 by James Lutz. Responses due by 5/28/2024. (Ewing, Randall) |
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ryan Cortazar. #15 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #15 is GRANTED. Ryan Cortazar may appear pro hac vice in this matter on behalf of Plaintiff James Lutz. The Clerk of Court shall provide electronic notification of all electronic filings to: [email protected]. Signed by Judge K. Michael Moore on 5/13/2024. (mh02)
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| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Carol O'Keefe. Filing Fee $ 200.00 Receipt # AFLSDC-17522294 by James Lutz. Responses due by 5/28/2024. (Ewing, Randall) |
| Filing 16 Bar Letter re: Admissions sent to attorney Conor P. Flynn, mailing date May 13, 2024, (pt) |
| Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ryan Cortazar. Filing Fee $ 200.00 Receipt # AFLSDC-17521255 by James Lutz. Responses due by 5/24/2024. (Ewing, Randall) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by James Lutz. HSF Affiliates, LLC served on 5/8/2024, response/answer due 5/29/2024. (Ewing, Randall) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by James Lutz. BHH Affiliates, LLC served on 5/8/2024, response/answer due 5/29/2024. (Ewing, Randall) |
| Filing 12 Summons Issued as to HSF Affiliates, LLC. (amb) |
| Filing 11 Summons Issued as to HomeServices of America, Inc.. (amb) |
| Filing 10 Summons Issued as to BHH Affiliates, LLC. (amb) |
| Filing 9 NOTICE of Filing Proposed Summons(es) HSF Affiliates, LLC by James Lutz (Ewing, Randall) |
| Filing 8 NOTICE of Filing Proposed Summons(es) to HomeServices of America, Inc. by James Lutz (Ewing, Randall) |
| Filing 7 NOTICE of Filing Proposed Summons(es) to BHH Affiliates, LLC by James Lutz (Ewing, Randall) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 5/1/2024. See attached document for full details. (pc)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. 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 Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 5/1/2024. (mh02)
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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 5/1/2024. (mh02)
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| Filing 3 Bar Letter re: Admissions sent to attorney George A. Zelcs, Ryan Cortazar, Michael E. Klenov, Carol Lee O'Keefe, Vincent Briganti, Christian P. Levis, Noelle Forde, mailing date April 30, 2024, (pt) |
| 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 Marty Fulgueira Elfenbein 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. (pc) |
| Filing 1 COMPLAINT against BHH Affiliates, LLC, HSF Affiliates, LLC, HomeServices of America, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17488305, filed by James Lutz. (Attachments: #1 Civil Cover Sheet)(Ewing, Randall) |
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