Winkel v. Hyundai Capital America, Inc.
| Theresa Winkel |
| Hyundai Capital America, Inc. and Hyundai Capital America, Inc. doing business as Kia Motors Finance |
| 9:2019cv81508 |
| November 6, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 15 NOTICE of Mediator Selection. Selected/Added Theresa Winkel, Laurie L. Riemer as Mediator. (Hormozdi, Shireen) |
| Filing 14 Joint SCHEDULING REPORT - Rule by Theresa Winkel (Hormozdi, Shireen) |
Filing 13
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James J. Parr. Signed by Judge Donald M. Middlebrooks on 12/30/2019. (jdr)
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| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James J. Parr. Filing Fee $ 75.00 Receipt # 113C-12263173 by Theresa Winkel. Responses due by 1/13/2020 (Hormozdi, Shireen) |
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Filing 11
PAPERLESS ORDER granting #10 Joint Motion for Extension of Time. The Parties' Discovery Plan and Notice of Mediator Selection were due by December 16, 2019. In the present Motion, the Parties request that these deadlines be extended to January 2, 2020. The Parties make this request because they "inadvertently misread the Court's [Pretrial Scheduling] Order and erroneously believed that they had fourteen (14) days from December 16, 2019" to file the discussed items. (DE #10 at 2). Under these circumstances, and in light of the upcoming holidays, I will permit the requested extension; the Parties shall file the Discovery Plan and Notice of Mediator Selection by January 2, 2020. However, this extended deadline does not excuse the Parties from compliance with all of the other pretrial deadlines previously set by the Court. (See DE #6 ). Signed by Judge Donald M. Middlebrooks on 12/19/2019. (jdr)
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| Filing 10 Joint MOTION for Extension of Time to file Discovery Plan and Notice of Mediator Selection by Theresa Winkel. Responses due by 1/2/2020 (Hormozdi, Shireen) |
| Filing 9 ANSWER and Affirmative Defenses to Complaint by Hyundai Capital America, Inc.. (White, Brandon) |
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Filing 8
PAPERLESS ORDER granting in part #7 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Plaintiff served the Complaint upon Defendant on November 11, 2019, making Defendant's response to the Complaint due by December 2, 2019. (See DE #7 at 1). In the present Motion, Defendant asks to extend that deadline to December 31, 2019. (Id.). Defendant requests this extension so that it may "fully research the allegations contained in the Complaint and respond thereto." (DE #7 at 1). This includes Defendant's continued investigation into "the existence of a binding arbitration provision." (Id.). I find good cause to grant the requested extension in part; Defendant shall file its response by December 16, 2019. Signed by Judge Donald M. Middlebrooks on 12/3/2019. (kal)
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| Filing 7 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Hyundai Capital America, Inc.. Attorney Brandon T. White added to party Hyundai Capital America, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(White, Brandon) |
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Filing 6
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 1/13/2020., Discovery due by 4/27/2020., Joinder of Parties due by 1/13/2020., In Limine Motions due by 5/11/2020., Dispositive Motions due by 5/11/2020., Motions due by 5/11/2020., Pretrial Stipulation due by 6/22/2020.) Signed by Magistrate Judge Dave Lee Brannon on 11/25/2019. See attached document for full details. (pcs)
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Filing 5
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 7/20/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/15/2020 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 11/20/2019. See attached document for full details. (pcs) #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 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Theresa Winkel. Hyundai Capital America, Inc. served on 11/11/2019, answer due 12/2/2019. (Hormozdi, Shireen) |
| Filing 3 Summons Issued as to Hyundai Capital America, Inc. (mc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (mc) |
| Filing 1 COMPLAINT against Hyundai Capital America, Inc.. Filing fees $ 400.00 receipt number 113C-12126883, filed by Theresa Winkel. (Attachments: #1 Summon(s), #2 Civil Cover Sheet)(Hormozdi, Shireen) |
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