LaGrasso et al v. Seven Bridges Homeowners Association Inc et al
| Jeffrey LaGrasso and Deborah LaGrasso |
| Seven Bridges Homeowners Association Inc, Rachel Aboud Tannenholz and Seven Bridges Homeowners Association Inc. |
| 9:2020cv81163 |
| July 16, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| William Matthewman |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 42 U.S.C. § 3601 Fair Housing Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
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Filing 283
ORDER DISMISSING CASE WITH PREJUDICE, DIRECTING PAYMENT OF JUROR COSTS, AND RETAINING JURISDICTION / Closing Case. (With Prejudice) Signed by Magistrate Judge William Matthewman on 3/14/2023. See attached document for full details. (swr)
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Filing 282
STIPULATION of Dismissal with Prejudice by Seven Bridges Homeowners Association Inc. (Fiala, Josef)
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Filing 281
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status Conference re: Jury Trial held on 3/13/2023. Counsel for the parties appeared in person. The Plaintiffs appeared via telephone conference and the Defendant's representative appeared in person. The parties announced a settlement had been reached. Settlement terms entered and ratified by all parties on the record. The Court found that a full and complete settlement has been reached. The Jury had been released. No Jury Trial held. The parties to file their Joint Stipulation for Dismissal by 5:00 PM on March 14, 2023. Total time in court: 30 minutes. Attorney Appearance(s): James M. Williams, Patrick R. Follette, Scott Alan Weires, Josef M. Fiala, George Jeffrey Vernis, Ashley Nicole Landrum, Other Appearance(s): Jeffrey LaGrasso, Deborah LaGrasso, Cliff Nonnenmacher. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (Digital 8:38:06; 8:40:14; 8:45:41; 9:30:37) (swr)
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Filing 280
PAPERLESS ORDER: This matter is before the Court upon the Joint Notice of Settlement [DE 279] just filed by the parties in this case. However, it is now the afternoon of Sunday, March 12, 2023, and the Jury Trial is scheduled to begin on Monday, March 13, 2023 at 9:00 a.m. At least 40 prospective jurors have been summoned by the Clerk to appear tomorrow morning for jury selection. In light of this fact, the parties and their counsel are ORDERED to be present in Court at 8:30 a.m. on Monday, March 13, 2023, to address the settlement and the timing of their filing of a Stipulation for Dismissal with Prejudice. The Court will address the parties and their counsel on Monday morning, and if the fact that this case has fully and completely settled is ratified on the record by the parties and their counsel, the Court shall then cancel the jury trial. In the event the fact that this case has fully and completely settled is not ratified on the record by the parties and their counsel on Monday morning, March 13, 2023, the jury trial shall start as scheduled on March 13, 2023 at 9:00 a.m. Moreover, pursuant to S.D. Fla. L.R. 47.1, the Court will address the taxation of juror costs upon the parties. Signed by Magistrate Judge William Matthewman on 3/12/2023. (cpe)
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Filing 279
NOTICE of Settlement by the Parties of all Claims by Seven Bridges Homeowners Association Inc. (Landrum, Ashley)
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Filing 278
ORDER GRANTING PLAINTIFFS' SUPPLEMENTAL MOTION TO BRING AND USE ELECTRONIC DEVICES DURING TRIAL [DE 277] granting #277 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge William Matthewman on 3/10/2023. See attached document for full details. (swr)
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Filing 277
Supplemental MOTION to Bring Electronic Equipment into the courtroom by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/24/2023 (Attachments: #1 Text of Proposed Order)(Weires, Scott)
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Filing 276
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION TO BRING AND USE ELECTRONIC DEVICES DURING TRIAL [DE 272] granting in part and denying in part #272 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge William Matthewman on 3/9/2023. See attached document for full details. (swr)
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Filing 275
ORDER GRANTING DEFENDANT'S MOTION FOR ORDER PERMITTING ELECTRONIC DEVICES FOR USE AT TRIAL [DE 274] granting #274 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge William Matthewman on 3/9/2023. See attached document for full details. (swr)
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Filing 274
Defendant's MOTION to Bring Electronic Equipment into the courtroom by Seven Bridges Homeowners Association Inc.. Responses due by 3/23/2023 (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Fiala, Josef)
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Filing 273
NOTICE of Filing by Seven Bridges Homeowners Association Inc. Amended Joint Deposition Designation of Larry Orbach (Landrum, Ashley)
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Filing 272
Plaintiff's MOTION to Bring Electronic Equipment into the courtroom by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/22/2023 (Attachments: #1 Text of Proposed Order Proposed Tech Order)(Weires, Scott)
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Filing 271
PAPERLESS ORDER: This matter is before the Court sua sponte. Based upon the representation of the parties' counsel that the parties have agreed to play the videotaped deposition of one witness during trial, it is hereby ORDERED that, on or before March 8, 2023, the parties shall jointly file an updated version of the deposition designations and objections (if any) pertaining to that specific witness, along with a copy of the deposition transcript. The Court will then rule on the objections, either in advance of trial, or with sufficient time such that the parties shall edit the videotaped deposition to incorporate the Court's rulings. The Court expects the parties to confer on this issue and to limit the amount of objections requiring disposition by the Court. Signed by Magistrate Judge William Matthewman on 3/6/2023. (cpe)
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Filing 270
PAPERLESS Minute Entry for proceedings held before United States Magistrate Judge William Matthewman: Calendar Call held via Zoom Video Teleconference on 3/3/2023. The Court advised the parties that this case shall proceed to jury trial as scheduled on March 13, 2023 at 9:00 a.m., in Courtroom 2 on the 4th Floor of the United States Courthouse in West Palm Beach, Florida. The parties and their counsel shall be in Court by 8:00 a.m. to address any matters as may be necessary prior to the start of jury selection at 9:00 a.m. The Court discussed matters relating to the March 13, 2023 trial, including which witnesses will be called live and which will be called by deposition, amended exhibit lists, proposed verdict forms, proposed jury instructions, trial procedures, and voir dire. The parties advised the Court that they have agreed that witness Larry Orbach will appear via deposition, and that Proposed Jury Instruction No. 6 was, in fact, agreed upon. Moreover, to the extent Plaintiffs' March 2, 2023 Objections to Defendant's Exhibits [DE 269] can be construed as a motion in limine, the Court denied such as untimely. However, to the extent DE 269 is not a motion in limine, the Court stated it would address any objections to exhibits during trial. Total time in court: 44 minutes. Attorney Appearance(s): James M. Williams, Patrick R. Follette, Scott Alan Weires, Josef M. Fiala, George Jeffrey Vernis, Ashley Nicole Landrum. (Digital Zoom Video Recording Start Time: 1:02 p.m) (cpe)
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Filing 269
NOTICE by Deborah LaGrasso, Jeffrey LaGrasso re #264 Exhibit List Objections (Weires, Scott)
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Filing 268
Exhibit List Second Amended by Deborah LaGrasso, Jeffrey LaGrasso.. (Weires, Scott)
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Filing 267
NOTICE by Seven Bridges Homeowners Association Inc. re 249 Order,,,,,,,,,,,,,,, Set/Reset Hearings,,,,,,,,,,,,,, 262 Status Conference,, of Filing Proposed Verdict Form (Fiala, Josef)
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Filing 266
Proposed Jury Instructions by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 265
Exhibit List Amended by Deborah LaGrasso, Jeffrey LaGrasso.. (Weires, Scott)
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Filing 264
Exhibit List Amended by Seven Bridges Homeowners Association Inc... (Fiala, Josef)
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Filing 263
PAPERLESS ORDER: This matter is before the Court sua sponte. In the Court's March 15, 2022 Amended Order Setting Jury Trial and Pretrial Scheduling Order [DE 244], the Court stated that a calendar call would be held in person at 2:00 p.m. on March 3, 2023 in Courtroom Six of the West Palm Beach Federal Courthouse. The Court has decided to hold the calendar call remotely via ZoomGov and to advance the time of the calendar call to 1:00 p.m. Accordingly, it is hereby ORDERED that the calendar call in this case is RE-SET to 1:00 p.m. on March 3, 2023 in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman, to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. The parties are reminded that the jury trial in this case is specially set and shall start with jury selection on March 13, 2023 at 9:00 a.m., and that the calendar call shall be utilized to address any pre-trial or trial matters which require the Court's attention. Signed by Magistrate Judge William Matthewman on 2/14/2023. (cpe)
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Filing 262
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status conference held via Zoom Video Teleconference on 2/14/2023. The Court discussed Pre-Trial and Trial Issues. The Court instructed the parties to confer and file an Amended Exhibit List as well as a revised set of Jury Instructions and Verdict Form by February 28, 2023 at Noon. Total time in court: 1 hour(s) : 07 minutes. Attorney Appearance(s): James M. Williams, Patrick R. Follette, Scott Alan Weires, Josef M. Fiala, George Jeffrey Vernis, Ashley Nicole Landrum. (Digital 10:01:15; 11:14:22) (swr)
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Filing 261
Joint NOTICE by Deborah LaGrasso, Jeffrey LaGrasso re 252 Order,,,, Regarding Trial Witness Disputes (Weires, Scott) Modified Text on 2/14/2023 (ls).
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Filing 260
Clerk's Notice to Filer re #257 Notice (Other). 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)
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Filing 259
NOTICE by Deborah LaGrasso, Jeffrey LaGrasso re #250 Notice (Other) of Filing Objections to Defendant's Deposition Designations (Weires, Scott) Modified Text on 2/14/2023 (ls).
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Filing 258
NOTICE by Seven Bridges Homeowners Association Inc. re #251 Notice (Other) of Filing Objections to Plaintiffs' Updated Deposition Designations (Fiala, Josef) Modified Text on 2/14/2023 (ls).
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Filing 257
NOTICE by Seven Bridges Homeowners Association Inc. re 249 Order,,,,,,,,,,,,,,, Set/Reset Hearings,,,,,,,,,,,,,, of Filing Proposed Verdict Form (Landrum, Ashley)
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Filing 256
Witness List by Seven Bridges Homeowners Association Inc... (Landrum, Ashley)
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Filing 255
Witness List Amended by Deborah LaGrasso, Jeffrey LaGrasso.. (Weires, Scott)
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Filing 254
Proposed Jury Instructions by Seven Bridges Homeowners Association Inc.. (Landrum, Ashley)
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Filing 253
NOTICE of Attorney Appearance by Ashley Nicole Landrum on behalf of Seven Bridges Homeowners Association Inc.. Attorney Ashley Nicole Landrum added to party Seven Bridges Homeowners Association Inc. (pty:dft). (Landrum, Ashley)
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Filing 252
PAPERLESS ORDER: The Court has reviewed the parties' Deposition Designations [DE 250; 251] and the comments contained therein. Accordingly, the Court hereby ORDERS the parties to forthwith confer further in good faith, and to address which witnesses will be called live and which will be called by deposition and the basis for any alleged unavailability. The Court notes that, pursuant to the Court's February 1, 2023 Paperless Order [DE 249], the parties' amended witness lists (including this additional required information), are due on or before February 10, 2023. The Court advises the parties that it expects that any trial witness who has been served with a proper trial subpoena shall appear live at trial absent an agreement between counsel to have any such witness testify by deposition along with a concomitant agreement as to which portions of the deposition shall be played or read at trial. In order to avoid any unnecessary disputes and potential trial delays, the parties shall file a Joint Notice on or before February 13, 2023 at 2:00 p.m. advising whether any disputes continue to exist regarding the parties' anticipated trial witnesses. Signed by Magistrate Judge William Matthewman on 2/8/2023. (cpe)
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Filing 251
NOTICE by Deborah LaGrasso, Jeffrey LaGrasso re 249 Order,,,,,,,,,,,,,,, Set/Reset Hearings,,,,,,,,,,,,,, of Deposition Designations (Weires, Scott) Modified Text on 2/8/2023 (ls).
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Filing 250
NOTICE by Seven Bridges Homeowners Association Inc. re 249 Order,,,,,,,,,,,,,,, Set/Reset Hearings,,,,,,,,,,,,,, of Filing Updated Designations of Deposition Testimony (Fiala, Josef) Modified Text on 2/8/2023 (ls).
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Filing 249
PAPERLESS ORDER: This matter is before the Court pursuant to the parties' Joint Pretrial Stipulation [DE 248], as well as the parties' submission via Chambers email of proposed voir dire questions, proposed jury instructions, and proposed verdict forms. Upon review of the parties' submissions, the Court has numerous concerns, and states them as follows. First, to the extent the parties separately submitted proposed jury instructions and proposed verdict forms, the Court notes that the March 15, 2022 Scheduling Order [DE 244] clearly indicates that "[i]n cases tried before a jury, each party shall file joint, stipulated proposed jury instructions and a joint, stipulated proposed verdict form and e-mail in Word format to matthewman@flsd.uscourts.gov." [DE 244 at 3] (emphasis omitted). Here, the parties failed to comply in that they each separately submitted jury instructions and verdict forms rather than filing joint, stipulated versions. Therefore, on or before February 10, 2023, the parties shall file joint, stipulated jury instructions and a joint, stipulated verdict form. Should the parties be unable to agree upon all of the jury instructions and the entirety of the verdict form, the parties shall clearly and concisely indicate in their joint filing the specific language that is objected to by each side, and include citations to supporting authority. Moreover, the Court expects counsel on both sides to confer as long as necessary in a good faith effort to arrive at a jointly proposed set of jury instructions and jointly proposed verdict form and not take frivolous or unreasonable positions on any proposed jury instructions or on the proposed verdict form. Second, the Court notes that deposition designations and objections were filed over two years ago. Thus, updated designations of deposition testimony shall be made on or before February 7, 2023, and objections to designations of deposition testimony shall be filed on or before noon on February 13, 2023. Third, the Court is concerned that Defendant objects to nearly every exhibit from Plaintiffs, while Plaintiffs object to none of Defendant's exhibits. While Defendant is certainly entitled to make good faith and proper objections to any of Plaintiffs' proposed exhibits, the Court does not understand how Defendant can in good faith assert such voluminous objections to the majority of Plaintiffs' exhibits. The Court requires further conferral among the parties on the Plaintiffs' exhibits and the Court requires that Defendant carefully reconsider its voluminous objections. The Court intends to start the jury trial in this case on March 13, 2023 at 9:00 a.m. and the Court expects that the parties' counsel will take all necessary steps to stipulate and agree to exhibits in advance of trial so as not to waste the jury's time. Fourth, the parties shall file amended witness lists on or before February 10, 2023 and specifically state which witnesses will be called to testify live and which witnesses, if any, will appear by deposition. To address all these matters and any other trial related matters, it is hereby ORDERED that a status conference shall be held on February 14, 2023, at 10:00 a.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, using Meeting ID: 160 540 3826 and Passcode: 246129. This status conference is in addition to the March 3, 2023 calendar call and does not replace it. Signed by Magistrate Judge William Matthewman on 2/1/2023. (cpe)
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Filing 248
PRETRIAL STIPULATION Joint by Deborah LaGrasso, Jeffrey LaGrasso (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Weires, Scott)
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Filing 247
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status Conference held via Zoom Video Teleconference on 1/24/2023. The Court discussed matters relating to the March 13, 2023 trial date, including trial procedures and the length of trial. The parties advised the Court that they still anticipate an 8-day trial and that a settlement conference before a United States Magistrate Judge may potentially be beneficial. The Court anticipates that the jury trial can be completed in less time than 8 trial days and expects it to be completed by March 21, 2023. After hearing from the parties, the Court altered the deadline for the filing of the parties' Amended Joint Pretrial Stipulation, the proposed jury instructions, the proposed verdict form, and the submission of proposed voir dire questions, to January 31, 2023. As to the possibility of a settlement conference, the Court stated the parties should only file a motion requesting a settlement conference if they believe it will be beneficial. Total time in court: 35 minutes. Attorney Appearance(s): Patrick R. Follette, Scott Alan Weires, Josef M. Fiala, George Jeffrey Vernis. (Digital Zoom Video Recording Start Time: 2:01 p.m) (cpe)
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Filing 246
PAPERLESS ORDER: This matter is before the Court sua sponte. In light of a change in the Court's schedule, the Status Conference that is currently set for January 31, 2023 at 11:00 a.m. is hereby RESET to January 24, 2023 at 2:00 p.m. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. Signed by Magistrate Judge William Matthewman on 1/20/2023. (cpe)
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Filing 245
PAPERLESS ORDER: This matter is before the Court sua sponte. Trial is currently set for March 13, 2023. [DE 244]. However, the last filing in this case was March 15, 2022. [DE 244]. Accordingly, it is hereby ORDERED that a status conference shall be held on January 31, 2023, at 11:00 a.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, using Meeting ID: 160 540 3826 and Passcode: 246129. Counsel for the parties shall confer prior to the hearing and be prepared to discuss: (1) the status of the case; (2) whether the parties still anticipate trial lasting 8 days; and (3) whether a settlement conference would be of any benefit. This status conference is in addition to the March 3, 2023 calendar call and does not replace it. Signed by Magistrate Judge William Matthewman on 1/11/2023. (cpe)
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Filing 244
AMENDED ORDER SETTING JURY TRIAL AND PRETRIAL SCHEDULING ORDER granting #238 Plaintiffs' Motion and Incorporated Memorandum to Continue the April 18, 2022 Trial Date. In Limine Motions due by 11/1/2022. Pretrial Stipulation due by 2/13/2023. Calendar Call reset for 3/3/2023 at 2:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Jury Trial (8 day) set for 3/13/2023 at 9:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 3/15/2022. See attached document for full details. (kza)
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Filing 243
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Motion Hearing held via Zoom Video Teleconference on 3/15/2022 re #238 Plaintiffs' MOTION to Continue April 18, 2022 Trial Date. The Court discussed trial dates with counsel. After counsel conferred, the Court will reset the jury trial for March 13, 2023 at 9:00 a.m. Written order to be issued. Total time in court: 15 minutes. Attorney Appearance(s): Patrick R. Follette, Scott Alan Weires, Josef M. Fiala, George Jeffrey Vernis. (Digital 14:00:28) (kza)
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Filing 242
NOTICE of Filing Declaration of Jeffrey LaGrasso by Deborah LaGrasso, Jeffrey LaGrasso re #238 MOTION to Continue April 18, 2022 Trial Date (Attachments: #1 Affidavit of Filing Declaration of Jeffrey LaGrasso) (Weires, Scott)
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Filing 241
NOTICE of Filing Exhibit 1 by Deborah LaGrasso, Jeffrey LaGrasso re #238 MOTION to Continue April 18, 2022 Trial Date (Attachments: #1 Exhibit 1) (Weires, Scott)
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Filing 240
RESPONSE to Motion re #238 MOTION to Continue April 18, 2022 Trial Date filed by Seven Bridges Homeowners Association Inc.. Replies due by 3/15/2022. (Fiala, Josef)
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Filing 239
PAPERLESS ORDER: This Court has carefully considered Plaintiffs' Motion and Incorporated Memorandum to Continue the April 18, 2022 Trial Date (Motion) #238 . In light of the approaching April 18, 2022 trial date, it is hereby ORDERED that Defendant Seven Bridges Homeowners Association Inc. shall file an expedited response to Plaintiffs' Motion on or before March 10, 2022. Plaintiffs may then file a reply on or before March 11, 2022. A hearing on Plaintiffs' Motion shall be held via Zoom video teleconference (VTC) on Tuesday, March 15, 2022, at 2:00 p.m. in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman. The undersigned's Courtroom Deputy, Ken Zuniga, will email instructions for accessing the Zoom VTC hearing to counsel in advance of the hearing. Signed by Magistrate Judge William Matthewman on 3/8/2022. (cpe)
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Filing 238
MOTION to Continue April 18, 2022 Trial Date by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/21/2022 (Weires, Scott)
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Filing 237
PAPERLESS ORDER: Due to a change in the Court's schedule, the calendar call currently set for 2:00 p.m. on April 8, 2022 #208 is hereby RESET to 2:00 p.m. on April 1, 2022. All other deadlines and instructions in the Order Setting Jury Trial and Pretrial Scheduling Order #208 remain unchanged by this Order. Signed by Magistrate Judge William Matthewman on 2/28/2022. (jb02)
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Filing 236
ORDER denying #233 Motion for Partial Summary Judgment. Signed by Magistrate Judge William Matthewman on 12/21/2021. See attached document for full details. (jas)
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Filing 235
Defendant's REPLY to Response to Motion re #233 Defendant's MOTION for Partial Summary Judgment as to Punitive Damages Claim under Count I filed by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 234
RESPONSE to Motion re #233 Defendant's MOTION for Partial Summary Judgment as to Punitive Damages Claim under Count I filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 12/15/2021. (Attachments: #1 Exhibit Exhibit A)(Weires, Scott)
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Filing 233
Defendant's MOTION for Partial Summary Judgment as to Punitive Damages Claim under Count I by Seven Bridges Homeowners Association Inc.. Responses due by 12/8/2021 (Fiala, Josef)
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Filing 232
PAPERLESS ORDER denying #223 Defendant's Motion for Final Order of Dismissal of Plaintiffs' Punitive Damages Claim. Having carefully reviewed the entire docket in this case, the Court finds that prior presider, Judge Middlebrooks, did not specifically grant summary judgment in favor of Defendant on the punitive damages sought by Plaintiff pursuant to the disparate treatment theory of Count I. That claim, and any damages sought by Plaintiff pursuant to that claim, remain pending. As such, Defendant's Motion is DENIED. Signed by Magistrate Judge William Matthewman on 9/30/2021. (jb02)
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Filing 231
Defendant's REPLY to #229 Response in Opposition to Motion for Final Order of Dismissal of Plaintiffs' Punitive Damages Claims by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 230
ORDER of DISMISSAL by USCA for lack of jurisdiction as to Deborah LaGrasso, Jeffrey LaGrasso re #209 Notice of Appeal. USCA # 21-12580-JJ. (see order for details) (kpe)
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Filing 229
RESPONSE in Opposition re #223 Motion to Dismiss filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 9/30/2021. (Weires, Scott)
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Filing 228
Joint NOTICE in Response to 226 Paperless Order by Deborah LaGrasso, Jeffrey LaGrasso re 226 Order,, (Weires, Scott)
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Filing 227
PAPERLESS ORDER denying without prejudice #213 Defendant's Motion for Attorney Fees and Costs. In light of the pending appeal on the Order and Final Judgment dismissing Count II and the procedural posture of this case, the Court declines to determine attorneys' fees or costs at this juncture in order to conserve judicial and attorney resources. Defendant may renew its Motion after the pending appeal is decided and all issues in the instant case are resolved. See Mt. Hawley Ins. Co. v. Roebuck, 17-CV-80213, 2019 WL 5290958, at *1 (S.D. Fla. Aug. 23, 2019) (adopting the magistrate judge's report and recommendation that the fee motion be denied to the extent the motion sought "a determination as to the amount of fees, without prejudice to their ability to renew this Fee Motion after all the issues in this case are resolved."); Vignoli v. Clifton Apartments, Inc, 12-24508-CIV, 2014 WL 12498216, at *3 (S.D. Fla. May 16, 2014) (finding that "both judicial economy and time and cost efficiencies for the parties will best be served by deferring resolution of the amount of attorney's fees and costs... until this case is concluded in its entirety."). Signed by Magistrate Judge William Matthewman on 9/17/2021. (jb02)
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Filing 226
PAPERLESS ORDER REQUIRING JOINT NOTICE: This case is currently second in line to be tried commencing on April 18, 2022 #208 . The Court now has availability to specially set this trial to commence on February 7, 2022 as the first case set on that trial date. Accordingly, the Court requests that counsel for the parties confer and promptly file a joint notice to advise the Court if they jointly request to have this matter reset for a specially set jury trial beginning on February 7, 2022. The joint notice shall be filed promptly and no later than Monday, September 20, 2021. Signed by Magistrate Judge William Matthewman on 9/15/2021. (jb02)
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Filing 225
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION IN LIMINE [DE 116]. Signed by Magistrate Judge William Matthewman on 9/15/2021. See attached document for full details. (kza)
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Filing 224
PAPERLESS ORDER granting #115 Defendants' Motion To Bifurcate Plaintiffs' Claim For Punitive Damages. Defendants' reply clarifies that Defendants are requesting that the Court follow the procedures set forth in W.R. Grace & Co. v. Waters, 638 So.2d 502, 505 (Fla. 1994), and that the same jury that is presented with the first stage of the case also be the jury that determines the amount of punitive damages to be awarded, if any. According to Plaintiffs' response, Plaintiffs consent to a bifurcation that follows the procedure set forth in W.R. Grace & Co. Accordingly, the Motion is GRANTED. The Court notes that Defendants have a pending Motion for Final Order of Dismissal of Plaintiffs' Punitive Damages Claim #223 which is not yet ripe and will be ruled on in the ordinary course. Signed by Magistrate Judge William Matthewman on 9/13/2021. (jb02)
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Filing 223
Defendant's MOTION for Final Order of Dismissal of Plaintiffs' Punitive Damages Claim in Accordance with Judge Middlebrooks' Orders D.E. 178, D.E. 188 and D.E. 192 re 217 Order,,,,,,,, Order Striking,,,,,,, by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 222
Defendant's REPLY to Response to Motion re #213 Defendant's MOTION for Attorney Fees and Costs filed by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 221
PAPERLESS ORDER granting #220 Motion for Extension of Time. A reply to the Motion for Attorney's Fees and Costs shall be filed by or before August 30, 2021. Signed by Magistrate Judge William Matthewman on 8/26/2021. (jb02)
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Set Deadlines per DE 221 Order as to #213 MOTION for Attorney Fees. Reply due by 8/30/2021. (kpe)
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Filing 220
Defendant's MOTION for Extension of Time To file reply to Response to Motion for Attorneys' Fees to reply to re #218 Response in Opposition to Motion by Seven Bridges Homeowners Association Inc.. Responses due by 9/8/2021 (Fiala, Josef)
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Filing 219
Defendant's REPLY to Response to Motion re #115 Defendant's MOTION to Bifurcate Plaintiffs' Claim for Punitive Damages filed by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 218
RESPONSE in Opposition re #213 Defendant's MOTION for Attorney Fees and Costs filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 8/25/2021. (Weires, Scott)
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Filing 217
PAPERLESS ORDER: The Court has reviewed Defendants' Motion To Bifurcate Plaintiffs' Claim For Punitive Damages #115 . Plaintiffs' response #200 , and Defendants' reply #206 . Defendants' reply raises issues and arguments that were not raised in their Motion. As such, this improper reply #206 is STRICKEN. Moreover, in the reply, Defendants' position is that their Motion is moot in light of the Order on Cross-Motions for Summary Judgment #178 , Order on the parties' supplemental briefing #188 , and Order Denying Motion for Reconsideration #192 . If Defendants no longer seek a ruling on its Motion, it should properly withdraw its Motion by or before August 23, 2021. If Defendants seek a ruling on its Motion, it must file a reply that addresses the Plaintiffs' response. Specifically, Defendants shall make clear whether Defendants seek a bifurcation of Plaintiffs' punitive damages claim to be heard before the same jury or if they are seeking a separate, independent trial. This reply shall be filed by or before August 23, 2021. As to the new issues and arguments raised in the reply, the parties are reminded that "[a] request for a court order must be made by motion[,]" which must "state with particularity the grounds for seeking the order[.]" Fed. R. Civ. P. 7(b)(1). A reply is not a motion. If Defendants wish to make a good faith argument that the above-mentioned orders, when read together in context, establishes that the Court already found that all Plaintiffs' claims for punitive damages have been decided in Defendants' favor, Defendants may file a motion and the undersigned will consider it. Signed by Magistrate Judge William Matthewman on 8/17/2021. (jb02)
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Filing 216
TRANSCRIPT INFORMATION FORM by Deborah LaGrasso, Jeffrey LaGrasso re #209 Notice of Appeal,,. No Transcript Requested. (Weires, Scott)
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Filing 215
MEMORANDUM of Law re 211 Order,, by Deborah LaGrasso, Jeffrey LaGrasso. (Weires, Scott)
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Filing 214
MEMORANDUM of Law re 211 Order,, by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 213
Defendant's MOTION for Attorney Fees and Costs by Seven Bridges Homeowners Association Inc.. Responses due by 8/18/2021 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Fiala, Josef)
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Filing 212
Acknowledgment of Receipt of NOA from USCA re #209 Notice of Appeal, filed by Deborah LaGrasso, Jeffrey LaGrasso. Date received by USCA: 7/30/21. USCA Case Number: 21-12580-J. (hh)
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Filing 211
PAPERLESS ORDER: The Court has reviewed Plaintiff's Notice of Appeal #209 . So that the Court is fully advised, the parties shall each file a memorandum of law on their respective position as to 1) whether this Court is divested of jurisdiction to proceed on Count I in light of the Notice of Appeal as to the Order and Final Judgment dismissing Count II; 2) whether a stay of this case pending resolution of the appeal should or must be entered by this Court; and 3) whether a stay of this case is being requested by any party. The memoranda shall be 10 pages or less and shall be filed by or before Friday, August 6, 2021. Signed by Magistrate Judge William Matthewman on 7/31/2021. (jb02)
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Filing 210
PAPERLESS ORDER denying Defendant's Request for Entry of Judgment #196 . The Court will not enter judgment on a portion of Count I. Instead, the Court will enter judgment on Count I at the conclusion of trial. Signed by Magistrate Judge William Matthewman on 7/31/2021. (jb02)
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Transmission of Notice of Appeal, Orders/Judgment under apepal and Docket Sheet to US Court of Appeals re #209 Notice of Appeal, Notice has been electronically mailed. (apz)
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Filing 209
Notice of Appeal as to #178 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,,,,,, Order on Motion to Amend/Correct, #192 Order on Motion for Reconsideration, #188 Order, #193 Judgment by Deborah LaGrasso, Jeffrey LaGrasso. Filing fee $ 505.00 receipt number AFLSDC-14885257. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Weires, Scott)
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Filing 208
ORDER SETTING JURY TRIAL AND PRETRIAL SCHEDULING ORDER: Jury Trial set for 4/18/2022 09:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Calendar Call set for 4/8/2022 02:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Joint Pretrial Stipulation due by 3/18/2022. Signed by Magistrate Judge William Matthewman on 7/27/2021. See attached document for full details. (jas)
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Filing 207
NOTICE by Seven Bridges Homeowners Association Inc. re 202 Order,, Amended Joint Proposed Scheduling Order (Fiala, Josef)
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Filing 206
STRICKEN Defendant's REPLY to #200 Response in Opposition to Motion to Bifurcate Plaintiffs' Claim for Punitive Damages by Seven Bridges Homeowners Association Inc.. (Fiala, Josef) Modified on 8/18/2021 per DE 217 Order (kpe).
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Filing 205
Defendant's REPLY to #201 Response in Opposition to Motion in Limine by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 204
RESPONSE to Motion re #196 Defendant's MOTION for Judgment filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 7/29/2021. (Weires, Scott)
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Filing 203
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held by Zoom Video Teleconference. Status Conference held on 7/20/2021. Discussion held regarding trial dates - the Court will set this case as the number 2 trial on April 18, 2022. The parties will submit a proposed scheduling order to the Court by Monday, July 26, 2021. Discussion held on pending motions. Total time in court: 15 minutes. Attorney Appearance(s): Patrick R. Follette and Scott Alan Weires for Plaintiffs, Josef M. Fiala for Defendant. (Digital 13:31:41) (kza)
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Filing 202
PAPERLESS ORDER FOLLOWING STATUS CONFERENCE: Having heard from counsel at a status conference today, the Court reset this matter for an eight (8)-day jury trial to commence before the undersigned on April 18, 2022. By or before Monday, July 26, 2021, the parties shall file in the record and submit via email (matthewman@flsd.uscourts.gov) a joint proposed modified pretrial schedule keying off this new trial setting. The Court will thereafter issue an amended scheduling order. Signed by Magistrate Judge William Matthewman on 7/20/2021. (jb02)
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Set Hearings per DE 202 Order. Jury Trial set for 4/18/2022 before Magistrate Judge William Matthewman. (kpe)
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Filing 201
RESPONSE in Opposition re #116 Defendant's MOTION in Limine and Incorporated Memorandum of Law filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 7/26/2021. (Weires, Scott)
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Filing 200
RESPONSE in Opposition re #115 Defendant's MOTION to Bifurcate Plaintiffs' Claim for Punitive Damages filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 7/26/2021. (Weires, Scott)
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Filing 199
[CORRECTED] PAPERLESS ORDER FOLLOWING STATUS CONFERENCE: Having heard from counsel during a status conference held on July 14, 2021, and as orally announced on the record, the Court ORDERS as follows. First, if Plaintiff objects to the relief sought in Defendant's Motion to Bifurcate Plaintiff's Claim for Punitive Damages #115 or Defendant's Motion in Limine #116 , Plaintiff shall file its respective responses in opposition by or before July 19, 2021. Defendant shall file its respective replies by or before July 26, 2021. The Court will consider these untimely filings over Plaintiff's objection. Second, in order to reset the trial on the undersigned's calendar, today's status conference is CONTINUED to July 20, 2021, at 1:30 p.m., to take place via Zoom Video Teleconference (VTC) in the West Palm Beach Division before Magistrate Judge William Matthewman. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. As explained on the record, the Court has limited availability for an 8-day special set jury trial for the parties' requested settings, as such, the parties shall confer regarding the length of the trial as well as mutually available dates in advance of the July 20, 2021 status conference. In addition, the parties shall also be fully prepared to discuss their availability to set this trial in 2021-2022. Signed by Magistrate Judge William Matthewman on 7/14/2021. (jb02)
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Filing 198
PAPERLESS ORDER replaced in DE 199 due to errors in this entry - FOLLOWING STATUS CONFERENCE: Having heard from counsel during a status conference held on July 14, 2021, and as orally announced on the record, the Court ORDERS as follows. First, if Plaintiff objects to the relief sought in Defendant's Motion to Bifurcate Plaintiff's Claim for Punitive Damages #115 or Defendant's Motion in Limine #116 , Plaintiff shall file its respective responses in opposition by or before July 19, 2021. Defendant shall file its respective replies by or before July 26, 2021. The Court will consider these untimely filings over Plaintiff's objection. Second, upon the parties' joint request, the discovery cutoff deadline in this matter is hereby reset for September 10, 2021. Third, in order to reset the trial on the undersigned's calendar, today's status conference is CONTINUED to July 20, 2021, at 2:15 p.m., to take place via Zoom Video Teleconference (VTC) in the West Palm Beach Division before Magistrate Judge William Matthewman. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. As explained on the record, the Court has limited availability for an 8-day special set jury trial for the parties' requested settings, as such, the parties shall confer regarding the length of the trial as well as mutually available dates in advance of the July 20, 2021 status conference. In addition, the parties shall also be fully prepared to discuss their availability to set this trial in 2021-2022. Signed by Magistrate Judge William Matthewman on 7/14/2021. (jb02) See DE 199 for corrected Order modified on 7/14/2021 (mf). Modified on 7/14/2021 (mf).
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Filing 197
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held by Zoom Video Teleconference. Status Conference held on 7/14/2021. Discussion held on pending motions re #115 Defendant's MOTION to Bifurcate Plaintiffs' Claim for Punitive Damages and #116 Defendant's MOTION in Limine and possible trial dates. (Further Status Conference set for 7/20/2021 at 1:30 PM in West Palm Beach Division before Magistrate Judge William Matthewman.), Set Deadlines as to #115 Defendant's MOTION to Bifurcate Plaintiffs' Claim for Punitive Damages and #116 Defendant's MOTION in Limine : (Responses due by 7/19/2021, Replies due by 7/26/2021.). Total time in court: 34 minutes. Attorney Appearance(s): Patrick R. Follette and Scott Alan Weires for Plaintiffs, Josef M. Fiala and Karen M. Nissen for Defendant. (Digital 13:03:49) (kza)
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Filing 196
Defendant's MOTION for Judgment by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 195
PAPERLESS ORDER: THIS CAUSE is before the Court on the Order Referring Case to the undersigned for trial #194 . Being fully advised in the premises, the Court hereby ORDERS that a status conference shall be held on July 14, 2021, at 1:00 p.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, using Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. Counsel for the parties shall confer prior to the hearing and be prepared to discuss: (1) proposed changes to the existing pretrial schedule; (2) an estimate of the time required for trial; (3) proposed trial dates, (4) the status of the current litigation, and (5) any other matters which need to be addressed by the parties or the Court. Signed by Magistrate Judge William Matthewman on 7/2/2021. (jb02)
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Filing 194
ORDER of Reference. Judge Donald M. Middlebrooks no longer assigned as presider judge in case. Signed by Judge Donald M. Middlebrooks on 7/1/2021. See attached document for full details. (kpe)
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Filing 193
FINAL JUDGMENT On Count II of the Complaint. Signed by Judge Donald M. Middlebrooks on 7/1/2021. See attached document for full details. (kpe)
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Filing 192
ORDER denying #186 Motion for Reconsideration. Signed by Judge Donald M. Middlebrooks on 7/1/2021. See attached document for full details. (kpe)
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Filing 191
PAPERLESS ORDER CANCELLING CALENDAR CALL. In light of the Parties' Notice of Consent to Exercise of Jurisdiction by a U.S. Magistrate Judge (DE 190), the calendar call set for July 2, 2021 at 1:15 p.m. is hereby CANCELLED. Signed by Judge Donald M. Middlebrooks on 7/1/2021. (hck)
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Filing 190
Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Deborah LaGrasso, Jeffrey LaGrasso (Weires, Scott)
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Hearing(s) terminated. The Trial scheduled for Tuesday, July 6, 2021 before Judge Middlebrooks is cancelled per the Parties' Consent to Magistrate Judge Matthewman for any and all proceedings in this case (D.E. 190). (gm1)
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Filing 189
PAPERLESS ORDER RESCHEDULING CALENDAR CALL. This matter is set for trial during the trial period beginning July 6, 2021 with a calendar call scheduled for June 30, 2021. (DE #187 ). Due to the Court's scheduling conflicts, the June 30, 2021 calendar call is rescheduled to July 2, 2021 at 1:15 p.m. The calendar call will be held via Zoom videoconferencing. My Courtroom Deputy will send instructions to the Parties' counsel regarding how to join the Zoom call. Signed by Judge Donald M. Middlebrooks on 6/29/2021. (hck)
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Deadline(s)/Hearing(s) terminated. (hck)
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Filing 188
ORDER re #179 Supplemental Brief on Disparate Treatment Theory of Count 1. Signed by Judge Donald M. Middlebrooks on 6/25/2021. See attached document for full details. (kpe)
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Filing 187
ORDER Resetting Trial: ( Status Conference set for 6/30/2021 01:15 PM before Judge Donald M. Middlebrooks.) (Jury Trial set for 7/6/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 6/30/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 6/25/2021. See attached document for full details. (kpe) #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 186
Plaintiff's MOTION for Reconsideration re #178 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,,,,,, Order on Motion to Amend/Correct, by Deborah LaGrasso, Jeffrey LaGrasso. (Weires, Scott)
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Filing 185
Plaintiff's REPLY to #184 Response/Reply (Other) by Deborah LaGrasso, Jeffrey LaGrasso. (Weires, Scott)
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Filing 184
Defendant's RESPONSE to #179 Response/Reply (Other) Plaintiffs' Supplemental Brief on Disparate Treatment Theory of Count I by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 183
PAPERLESS ORDER denying as moot #181 Plaintiffs' Motion to Continue Trial for 21 Days. During the May 26, 2021 Calendar Call, I removed this case from the June 1, 2021 trial calendar and directed Defendant to file a Reply to Plaintiffs' Supplemental Brief on Disparate Treatment Theory of Count I (DE #179 ) within 10 days. Accordingly, Plaintiffs' request to continue trial in this matter by 21 days is denied at moot. I will reset this matter for trial, if necessary, upon resolution of the supplemental briefing. Signed by Judge Donald M. Middlebrooks on 5/27/2021. (kal)
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Filing 182
PAPERLESS Minute Entry for proceedings held before Judge Donald M. Middlebrooks: Calendar Call held on 5/26/2021. All parties appeared via videoconferencing. Attorney Appearance(s): Scott Alan Weires, Esq., Patrick R. Follette,Esq., Josef M. Fiala, Esq. and Karen M. Nissen, Esq. Defendant shall have 10 days to file a reply to Plaintiffs' response #179 . This case is removed from this trial calendar. Order to follow. Total time in court: 10 minutes. Court Reporter: Karl Shires, 954-769-5496 / Karl_Shires@flsd.uscourts.gov. (gm1)
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Filing 181
Plaintiff's MOTION to Continue Trial for 21 Days re #172 Scheduling Order,, by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 6/8/2021 (Weires, Scott)
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Filing 180
Case Reassignment of Paired Magistrate Judge to Magistrate Judge William Matthewman. Magistrate Judge Dave Lee Brannon no longer assigned to case. (bms)
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Filing 179
Plaintiff's RESPONSE to #178 Order on Motion for Summary Judgment,,,, Order on Motion to Strike,,,,,, Order on Motion to Amend/Correct, Rule 56(f) Supplemental Brief by Deborah LaGrasso, Jeffrey LaGrasso. (Weires, Scott)
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Filing 178
ORDER On Cross-Motions For Summary Judgment. Order granting #118 Motion for Final Summary Judgment; denying #120 Motion for Summary Judgment. Signed by Judge Donald M. Middlebrooks on 5/14/2021. See attached document for full details. (kpe)
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Filing 177
PAPERLESS Order Cancelling Settlement Conference set for 5/14/2021 at 9:00am before Magistrate Judge Reinhart. The settlement conference will continue at a later date to be determined. Signed by Magistrate Judge Bruce E. Reinhart on 5/13/2021. (jgy)
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Filing 176
PAPERLESS ORDER regarding continued settlement conference set for 5/14/21 at 9:00am. The Zoom conference can be accessed at https://www.zoomgov.com/j/1606386496?pwd=eHdYcUIwdUxPZGRaM2dMclpsRXh1QT09. The Meeting ID is 160 638 6496 and the Passcode is 629781. Note: This is NOT the same zoom link used for the settlement conference on 5/12/21 as that link has expired. Signed by Magistrate Judge Bruce E. Reinhart on 5/13/2021. (jgy)
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Set Hearings per DE 176 Order. Settlement Conference set for 5/14/2021 09:00 AM before Magistrate Judge Bruce E. Reinhart. (kpe)
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Filing 175
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Settlement Conference held on 5/12/2021. Total time in court: 3 hour(s) : 55 minutes. The settlement conference adjourned until Friday, May 14, 2021 at 9:00am. The parties shall use the same zoom link previously provided to attend the continued settlement conference. (jgy)
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Filing 174
ORDER Setting Telephonic Settlement Conference, ( Settlement Conference set for 5/12/2021 12:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart.) Signed by Magistrate Judge Bruce E. Reinhart on 5/6/2021. See attached document for full details. (kpe)
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Filing 173
PAPERLESS ORDER OF REFERRAL TO U.S. MAGISTRATE JUDGE BRUCE E. REINHART FOR SETTLEMENT CONFERENCE. In light of the Order Resetting Trial (DE #172 ), this matter shall be referred to U.S. Magistrate Judge Bruce E. Reinhart for a settlement conference. Participation in the settlement conference is mandatory. No later than May 6, 2021, the Parties shall confer and email Judge Reinhart's chambers at reinhart@flsd.uscourts.gov with at least three proposed dates between May 11, 2021 and May 25, 2021. Signed by Judge Donald M. Middlebrooks on 5/4/2021. (hck)
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Filing 172
ORDER Resetting Trial: Jury Trial set for 6/1/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 5/26/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 5/4/2021. See attached document for full details. (kpe) #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 171
RESPONSE to Motion re #161 Amended MOTION to Amend/Correct DE 154 Instanter to Deem Exhibits Timely Filed filed by Seven Bridges Homeowners Association Inc.. Replies due by 3/31/2021. (Attachments: #1 Exhibit Exhibit A)(Fiala, Josef)
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Filing 170
PAPERLESS ORDER TO SHOW CAUSE. Defendant's response to Plaintiffs' Re-Filed Motion Instanter to Deem Exhibits Timely Filed (DE #161 ) was due on March 22, 2021. However, to date, no response appears in the court record. Accordingly, on or before March 25, 2021, Defendant shall show cause in writing as to: (1) why the Motion should not be granted; and (2) why Defendant failed to timely respond. Defendant's failure to respond to this Order to Show Cause may result in Docket Entry #161 being granted by default pursuant to Local Rule 7.1(c). Signed by Judge Donald M. Middlebrooks on 3/24/2021. (kal)
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Filing 169
Proposed Jury Instructions by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 168
Proposed Jury Instructions by Deborah LaGrasso, Jeffrey LaGrasso. (Weires, Scott)
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Filing 167
Defendant's RESPONSE to #166 Response/Reply (Other) Plaintiffs' Objections to Defendant's Designations and Motion to Strike Plaintiffs' March 12, 2021 Deposition Designations by Seven Bridges Homeowners Association Inc.. (Nissen, Karen)
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Filing 166
Plaintiff's RESPONSE to #158 Notice (Other) Deposition Designations by Deborah LaGrasso, Jeffrey LaGrasso. (Weires, Scott)
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Filing 165
Defendant's REPLY to #162 Response in Opposition to Motion and Objection to Declaration of Deborah LaGrasso (D.E. 130-1 and D.E. 136-1) by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 164
Defendant's REPLY to #163 Response in Opposition to Motion to Strike Plaintiffs' Re-Filed Response to Defendant's Statement of Material Facts [D.E. #153] by Seven Bridges Homeowners Association Inc.. (Attachments: #1 Exhibit Exhibit A)(Fiala, Josef)
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Filing 163
RESPONSE in Opposition re #153 Defendant's MOTION to Strike #136 Response/Reply (Other) filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 3/16/2021. (Attachments: #1 Exhibit A)(Weires, Scott)
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Filing 162
RESPONSE in Opposition re #150 Amended MOTION to Strike and Objection to Declaration of Deborah LaGrasso (D.E. 130-1 and D.E. 136-1) filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 3/15/2021. (Weires, Scott)
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Filing 161
Amended MOTION to Amend/Correct DE 154 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/22/2021 (Weires, Scott)
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Filing 160
NOTICE by Deborah LaGrasso, Jeffrey LaGrasso re #20 Scheduling Order,,,, Order Referring Case to Mediation,,, Deposition Designation Statement (Weires, Scott)
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Filing 159
PRETRIAL STIPULATION Jointly Filed by Deborah LaGrasso, Jeffrey LaGrasso (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Weires, Scott)
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Filing 158
NOTICE by Seven Bridges Homeowners Association Inc. re #20 Scheduling Order,,,, Order Referring Case to Mediation,,, Deposition Designations (Fiala, Josef)
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Filing 157
Defendant's REPLY to #152 Response to Motion and Objection to Declaration of Jeffrey LaGrasso by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 156
PAPERLESS ORDER denying without prejudice #154 Plaintiffs' Motion Instanter to Deem Exhibits Timely Filed. The Motion's Certificate of Compliance with Local Rule 7.1(a)(3) states in full: "The undersigned hereby certifies that it has conferred (orally or in writing), or made reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion." (DE 154 at 7). In addition to certifying that counsel for the movant has conferred with all parties or non-parties who may be affect by the relief sought therein, the movant's counsel must also state the result of such conferral--e.g., that he or she has been unable to resolve the issues raised in the Motion, if that applies to the given situation. See S.D. Fla. L.R. 7.1(a)(3)(A). Here, Plaintiffs' counsel has not indicated to the Court whether the Motion is opposed or unopposed, therefore this certificate of conferral does not comply with the Local Rules. Accordingly, the Motion is DENIED without prejudice. Signed by Judge Donald M. Middlebrooks on 2/26/2021. (kal)
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Filing 155
PAPERLESS ORDER denying as moot #134 Defendant's Objection to and Motion to Strike Declaration of Deborah LaGrasso (DE 130-1). In light of Defendant's Amended Objection to and Motion to Strike Declaration of Deborah LaGrasso (DE 130-1 and DE 136-1) (DE #150 ), Docket Entry #134 is DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 2/26/2021. (kal)
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Filing 154
Plaintiff's MOTION Motion Instanter to Deem Exhibits Timely Filed re #152 Response to Motion by Deborah LaGrasso, Jeffrey LaGrasso. (Weires, Scott)
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Filing 153
Defendant's MOTION to Strike #136 Response/Reply (Other) by Seven Bridges Homeowners Association Inc.. Responses due by 3/9/2021 (Attachments: #1 Exhibit Exhibit A)(Fiala, Josef)
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Filing 152
RESPONSE to Motion re #126 Defendant's MOTION to Strike #121 Notice (Other), and Objection to Declaration of Jeffrey LaGrasso filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 3/1/2021. (Weires, Scott)
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Filing 151
Defendant's REPLY to #136 Response/Reply (Other) Additional Facts Contained in Plaintiffs' Re-Filed Response to Defendant's Statement of Material Facts by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 150
Amended MOTION to Strike and Objection to Declaration of Deborah LaGrasso (D.E. 130-1 and D.E. 136-1) by Seven Bridges Homeowners Association Inc.. Responses due by 3/8/2021 (Fiala, Josef)
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Filing 149
PAPERLESS ORDER granting #145 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Patrick R. Follette. Signed by Judge Donald M. Middlebrooks on 2/22/2021. (kal)
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Filing 148
PAPERLESS ORDER granting #144 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Phillip J. La Borde. Signed by Judge Donald M. Middlebrooks on 2/22/2021. (kal)
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Filing 147
PAPERLESS ORDER granting #143 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James M. Williams. Signed by Judge Donald M. Middlebrooks on 2/22/2021. (kal)
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Filing 146
PAPERLESS ORDER granting #142 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Inemesit U. O'Boyle. Signed by Judge Donald M. Middlebrooks on 2/22/2021. (kal)
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Filing 145
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick R. Follette. Pay.gov Agency Tracking ID FLSDC-14407478. Filing Fee $ 200.00 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/8/2021 (Attachments: #1 Certification of Patrick R. Follette, #2 Certification of Good Standing, #3 Text of Proposed Order)(Weires, Scott)
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Filing 144
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Phillip J. La Borde. Pay.gov Agency Tracking ID FLSDC-14407432. Filing Fee $ 200.00 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/8/2021 (Attachments: #1 Certification of Phillip J. La Borde, #2 Certification of Good Standing, #3 Text of Proposed Order)(Weires, Scott)
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Filing 143
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James M. Williams. Pay.gov Agency Tracking ID FLSDC-14407385. Filing Fee $ 200.00 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/8/2021 (Attachments: #1 Certification of James M. Williams, #2 Certification of Good Standing, #3 Text of Proposed Order)(Weires, Scott)
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Filing 142
Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Inemesit U. O'Boyle. Pay.gov Agency Tracking ID FLSDC-14407220. Filing Fee $ 200.00 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/8/2021 (Attachments: #1 Certification of Inemesit U. O'Boyle, #2 Certification of Good Standing, #3 Text of Proposed Order)(Weires, Scott)
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Filing 141
PAPERLESS ORDER denying without prejudice #137 , #138 , #139 , and #140 Motions to Appear Pro Hac Vice , Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Motions fail to comply with Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys because local counsel did not consent to electronically serve all documents that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. A sample motion can be found on the Court's website. In addition, in Docket Entry #137 , the name of the attorney seeking admission pro hac vice is incorrect in the first paragraph. Signed by Judge Donald M. Middlebrooks on 2/19/2021. (kal)
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Filing 140
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick R. Follette. Filing Fee $ 200.00 Receipt # AFLSDC-14407478 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/4/2021 (Attachments: #1 Certification of Patrick R. Follette, #2 Certification of Good Standing, #3 Text of Proposed Order)(Weires, Scott)
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Filing 139
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Phillip J. La Borde. Filing Fee $ 200.00 Receipt # AFLSDC-14407432 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/4/2021 (Attachments: #1 Certification of Phillip J. La Borde, #2 Certification of Good Standing, #3 Text of Proposed Order)(Weires, Scott)
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Filing 138
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James M. Williams. Filing Fee $ 200.00 Receipt # AFLSDC-14407385 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/4/2021 (Attachments: #1 Certification of James M. Williams, #2 Certification of Good Standing, #3 Text of Proposed Order)(Weires, Scott)
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Filing 137
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Inemesit U. O'Boyle. Filing Fee $ 200.00 Receipt # AFLSDC-14407220 by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 3/4/2021 (Attachments: #1 Certification Certification of Inemesit U. O'Boyle, #2 Certification Good Standing, #3 Text of Proposed Order)(Weires, Scott)
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Filing 136
Plaintiff's Re-Filed Response to #117 Statement,, by Deborah LaGrasso, Jeffrey LaGrasso. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M)(Weires, Scott)
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Filing 135
Defendant's REPLY to #131 Response in Opposition to Motion, by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 134
Defendant's MOTION to Strike Declaration of Deborah LaGrasso [D.E. 130-1] by Seven Bridges Homeowners Association Inc.. Responses due by 3/2/2021 (Fiala, Josef)
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Filing 133
ORDER STRIKING #130 Plaintiffs' Statement of Material Facts. Plaintiffs must re-file any response to Defendant's Statement of Material Facts (DE 117), including any additional facts, in a manner that strictly complies with S.D. Fla. Local Rule 56.1 on or before February 17, 2021. Signed by Judge Donald M. Middlebrooks on 2/12/2021. See attached document for full details. (kal)
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Filing 132
ORDER CONTINUING TRIAL: ( Calendar Call set for 6/2/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 6/7/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 2/11/2021. See attached document for full details. (lk)
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Filing 131
RESPONSE in Opposition re #118 Defendant's MOTION for Summary Judgment and Incorporated Memorandum of Law Pursuant to Fed. R. Civ. P. 56 filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 2/16/2021. (Weires, Scott)
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Filing 130
STRICKEN per DE#133 , RESPONSE in Opposition re #118 Defendant's MOTION for Summary Judgment and Incorporated Memorandum of Law Pursuant to Fed. R. Civ. P. 56 Response to Statement of Material Facts filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 2/16/2021. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M)(Weires, Scott) Modified text on 2/16/2021 (jas).
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Filing 129
Defendant's REPLY to #120 Plaintiff's MOTION for Summary Judgment and Incorporated Memorandum of Law by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 128
NOTICE by Seven Bridges Homeowners Association Inc. re #127 Response/Reply (Other), of Filing Corrected Exhibit to Defendant's Reply to Plaintiffs' Statement of Material Facts (Attachments: #1 Exhibit Corrected Exhibit 3) (Fiala, Josef)
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Filing 127
Defendant's REPLY to #119 Statement of Material Facts by Seven Bridges Homeowners Association Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Fiala, Josef)
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Filing 126
Defendant's MOTION to Strike #121 Notice (Other), and Objection to Declaration of Jeffrey LaGrasso by Seven Bridges Homeowners Association Inc.. Responses due by 2/22/2021 (Fiala, Josef)
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Filing 125
STATUS REPORT by Seven Bridges Homeowners Association Inc. (Nissen, Karen)
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Filing 124
ORDER REQUIRING JOINT STATUS REPORT. Due by 2/5/2021. Signed by Judge Donald M. Middlebrooks on 1/29/2021. See attached document for full details. (pes)
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Filing 123
NOTICE OF FILING EXHIBITS TO PLAINTIFFS STATEMENT OF MATERIAL FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT by Deborah LaGrasso, Jeffrey LaGrasso re #119 Statement (Attachments: #1 Exhibit B, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Weires, Scott) Modified text on 1/28/2021 (ebz).
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Filing 122
FINAL MEDIATION REPORT by Kevin O'Brien. Disposition: Case did not settle.(Fiala, Josef)
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Filing 121
NOTICE OF FILING EXHIBITS TO PLAINTIFFS STATEMENT OF MATERIAL FACTS IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT by Deborah LaGrasso, Jeffrey LaGrasso re #119 Statement (Attachments: #1 Exhibit A) (Weires, Scott) Modified text on 1/28/2021 (ebz).
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Filing 120
Plaintiff's MOTION for Summary Judgment and Incorporated Memorandum of Law by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 2/8/2021 (Weires, Scott)
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Filing 119
Statement of: Material Facts by Deborah LaGrasso, Jeffrey LaGrasso (Weires, Scott)
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Filing 118
Defendant's MOTION for Summary Judgment and Incorporated Memorandum of Law Pursuant to Fed. R. Civ. P. 56 by Seven Bridges Homeowners Association Inc.. Responses due by 2/8/2021 (Fiala, Josef)
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Filing 117
Statement of: Material Facts by Seven Bridges Homeowners Association Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B - Part I, #3 Exhibit Exhibit B - Part II, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D - Part I, #6 Exhibit Exhibit D - Part II, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F - Part I, #9 Exhibit Exhibit F - Part II, #10 Exhibit Exhibit G, #11 Exhibit Exhibit H, #12 Exhibit Exhibit I, #13 Exhibit Exhibit J, #14 Exhibit Exhibit K)(Fiala, Josef)
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Filing 116
Defendant's MOTION in Limine and Incorporated Memorandum of Law by Seven Bridges Homeowners Association Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C - Part I, #4 Exhibit Exhibit C - Part II, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I)(Nissen, Karen)
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Filing 115
Defendant's MOTION to Bifurcate Plaintiffs' Claim for Punitive Damages by Seven Bridges Homeowners Association Inc.. Responses due by 2/8/2021 (Nissen, Karen)
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Filing 114
PAPERLESS ORDER granting #113 Defendant's Motion for Leave for Insurance Claims Handler to Appear Telephonically at Mediation. Defendant requests the Court's permission for its insurance claims handler, Daniel Valore, to appear telephonically at the Parties' January 27, 2021 mediation set to take place over Zoom. All Parties agree to Mr. Valore's attendance by telephone. (DE 113 para. 6). Good cause having been shown, the Motion is GRANTED. I strongly encourage all Parties to engage in meaningful negotiations with each other in a good faith effort to resolve this matter without need of a jury trial. Signed by Judge Donald M. Middlebrooks on 1/22/2021. (kal)
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Filing 113
Defendant's MOTION for Leave for Insurance Claims Handler to Appear Telephonically at Mediation re #111 Notice (Other) by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 112
NOTICE of Attorney Appearance by George Jeffrey Vernis on behalf of Seven Bridges Homeowners Association Inc.. Attorney George Jeffrey Vernis added to party Seven Bridges Homeowners Association Inc. (pty:dft). (Vernis, George)
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Filing 111
NOTICE by Seven Bridges Homeowners Association Inc. of Mediation (Fiala, Josef)
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Filing 110
Defendant's NOTICE of Mediator Selection. Selected/Added Kevin O Brien as Mediator. (Fiala, Josef)
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Filing 109
NOTICE to Take Deposition of George Kramer by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 108
NOTICE by Seven Bridges Homeowners Association Inc. PRODUCTION TO NON-PARTY (Attachments: #1 Exhibit Proposed Subpoena - Tannenholz) (Fiala, Josef)
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Filing 107
NOTICE of Production to Non-Party by Seven Bridges Homeowners Association Inc. (Attachments: #1 Exhibit Proposed Subpoena - Dr. Torres) (Fiala, Josef)
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Filing 106
ORDER and ADJUDGED that Plaintiffs Motion to Continue January 11, 2021 Discovery Deadline DE#80 is DENIED. Signed by Judge Donald M. Middlebrooks on 12/31/2020. See attached document for full details. (ebz)
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Filing 105
NOTICE of Compliance with Local Rule 7.1 by Deborah LaGrasso, Jeffrey LaGrasso re #80 First MOTION for Extension of Time of Discovery Cutoff Deadline filed by Deborah LaGrasso, Jeffrey LaGrasso (Weires, Scott)
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Filing 104
PAPERLESS ORDER denying #97 Defendant's Motion to Compel. Defendant Seven Bridges Homeowners Association, Inc. seeks an Order compelling Plaintiffs Jeffrey and Deborah LaGrasso to produce certain audio and video recordings related to Plaintiffs' claims. Pursuant to Southern District of Florida Local Rule 7.1(a)(3), prior to filing any motion in a civil case, counsel for the moving party shall certify in the Motion that it has "confer[red] (orally or in writing), or ma[de] reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion." This Rule was intended to encourage parties to cooperate on discovery matters and resolve potential disputes without unnecessarily involving the court. See Sierra Equity Group v. White Oak Equity Partners, LLC, 672 F. Supp. 2d 1369, 1370 (S.D. Fla. Dec. 10, 2009) (citing Taylor v. Florida Atlantic Univ., 132 F.R.D. 304, 305 (S.D. Fla. 1990) ("It is the letter and spirit of the discovery rules of the Federal Rules of Civil Procedure and the Local Rules of this Court that counsel work together on discovery matters. Counsel should be in touch personally to resolve discovery disputes and it should be a rare occasion when the court is called upon to resolve such disputes.")). Defendant did not include a Rule 7.1(a)(3) conferral certification in its Motion to Compel. Accordingly, Defendant's Motion is denied. Defendant may only re-file the Motion after meaningfully attempting to confer with Plaintiffs to resolve the issues raised, and only if the Motion complies with the relevant Local Rules of this Court governing motions to compel discovery. Failure to comply with the Rules may be cause for the Court to deny the Motion and/or impose sanctions upon counsel, including but not limited to an award of expenses incurred because of the violation. Signed by Judge Donald M. Middlebrooks on 12/23/2020. (kal)
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Filing 103
RESPONSE to Motion re #97 Defendant's MOTION to Compel Production filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 12/30/2020. (Weires, Scott)
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Filing 102
NOTICE to Take Deposition of Bruce Tannenholz by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 101
NOTICE to Take Deposition of Rachel Aboud Tannenholz by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 100
REPLY IN SUPPORT OF MOTION TO CONTINUE DISCOVERY DEADLINE re #80 First MOTION for Extension of Time of Discovery Cutoff Deadline filed by Deborah LaGrasso, Jeffrey LaGrasso. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weires, Scott) Modified text on 12/23/2020 (ebz).
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Filing 99
NOTICE to Take Deposition of Leah Nagel by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 98
NOTICE to Take Deposition of Michael Ungerbuehler by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 97
Defendant's MOTION to Compel Production by Seven Bridges Homeowners Association Inc.. Responses due by 1/5/2021 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Nissen, Karen)
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Filing 96
RESPONSE to Motion re #80 First MOTION for Extension of Time of Discovery Cutoff Deadline filed by Seven Bridges Homeowners Association Inc.. Replies due by 12/28/2020. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Fiala, Josef)
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Filing 95
Defendant's ANSWER and Affirmative Defenses to Complaint by Seven Bridges Homeowners Association Inc.. (Fiala, Josef)
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Filing 94
NOTICE to Take Deposition of Arleen Goldenberg by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 93
NOTICE to Take Deposition of George Kramer by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 92
NOTICE to Take Deposition of Jennifer Hall by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 91
NOTICE to Take Deposition of Ricardo Anez by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 90
NOTICE to Take Deposition of Victoria Tabari by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 89
NOTICE to Take Deposition of Matthew Weiss by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 88
NOTICE to Take Deposition of Tawny Young by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 87
NOTICE to Take Deposition of Kirac Bekisoglu by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 86
NOTICE to Take Deposition of Elana Andrews by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 85
NOTICE to Take Deposition of Elana Ecker by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 84
NOTICE to Take Deposition of Helen Harris by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 83
NOTICE to Take Deposition of Nelda Raful by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 82
NOTICE to Take Deposition of Roman Turtygin by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 81
NOTICE to Take Deposition of Nicole Martin by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 80
First MOTION for Extension of Time of Discovery Cutoff Deadline by Deborah LaGrasso, Jeffrey LaGrasso. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Weires, Scott)
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Filing 79
NOTICE to Take Deposition of George Kramer by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 78
NOTICE to Take Deposition of George Spencer by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 77
NOTICE to Take Deposition of Melissa Darnell by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 76
NOTICE to Take Deposition of Heidi Womack by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 75
NOTICE to Take Deposition of Eric Godin by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 74
NOTICE to Take Deposition of Larry Orbach by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 73
NOTICE to Take Deposition of Arlene Goldenberg by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 72
NOTICE to Take Deposition of George Kramer by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 71
NOTICE to Take Deposition of Arlene Goldenberg by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 70
NOTICE to Take Deposition of George Kramer by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 69
NOTICE to Take Deposition of Ricardo Anez by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 68
NOTICE to Take Deposition of Jennifer Hall by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 67
NOTICE to Take Deposition of Heidi Womack by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 66
NOTICE to Take Deposition of Larry Orbach by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 65
NOTICE to Take Deposition of Eric Godin by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 64
NOTICE to Take Deposition of Heidi Womack by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 63
NOTICE to Take Deposition of Rachel Stricoff by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 62
NOTICE to Take Deposition of Melissa Darnell by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 61
NOTICE to Take Deposition of George Spencer by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 60
NOTICE to Take Deposition of Edna Willis by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 59
Witness List Amended by Deborah LaGrasso, Jeffrey LaGrasso.. (Weires, Scott)
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Filing 58
Witness List by Seven Bridges Homeowners Association Inc... (Nissen, Karen)
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Filing 57
NOTICE OF SERVING PLAINTIFFS WITNESS LIST by Deborah LaGrasso, Jeffrey LaGrasso (Weires, Scott) Modified text on 12/15/2020 (ebz).
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Filing 56
ORDER GRANTING MOTION TO DISMISS. Defendant Rachel Aboud Tannenholzs Motion to Dismiss DE#22 is GRANTED. Defendant Rachel Aboud Tannenholzs Motion for Protective Order Staying Depositions and her Discovery Deadlines Pending Decision on Dispositive Motion DE#41 is DENIED AS MOOT. Motion for Protective Order Staying Depositions and her Discovery Deadlines Pending Decision on Dispositive Motion DE#54 is DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 12/9/2020. See attached document for full details. (ebz)
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Filing 55
ORDER DENYING MOTION TO DISMISS re #21 Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 12/9/2020. See attached document for full details. (ebz)
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Filing 54
Renewed MOTION for Protective Order by Rachel Aboud Tannenholz. (Klingsberg, Debra)
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Filing 53
NOTICE to Take Deposition of Rachel Aboud Tannenholz by Deborah LaGrasso, Jeffrey LaGrasso.(Weires, Scott)
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Filing 52
NOTICE to Take Deposition of Minor Child, S.L. by Seven Bridges Homeowners Association Inc..(Nissen, Karen)
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Filing 51
NOTICE to Take Deposition of Deborah Lagrasso by Seven Bridges Homeowners Association Inc..(Nissen, Karen)
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Filing 50
NOTICE to Take Deposition of Jeffrey Lagrasso by Seven Bridges Homeowners Association Inc..(Nissen, Karen)
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Filing 49
NOTICE to Take Deposition of Rachel Aboud Tannenholz by Seven Bridges Homeowners Association Inc..(Fiala, Josef)
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Filing 48
NOTICE to Take Deposition of Minor Child, L.L. by Seven Bridges Homeowners Association Inc..(Fiala, Josef)
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Filing 47
NOTICE to Take Deposition of Minor Child, B.L. by Seven Bridges Homeowners Association Inc..(Fiala, Josef)
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Filing 46
NOTICE to Take Deposition of Minor Child, S.L. by Seven Bridges Homeowners Association Inc..(Fiala, Josef)
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Filing 45
NOTICE to Take Deposition of Jeffrey Lagrasso by Seven Bridges Homeowners Association Inc..(Fiala, Josef)
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Filing 44
NOTICE to Take Deposition of Deborah Lagrasso by Seven Bridges Homeowners Association Inc..(Fiala, Josef)
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Filing 43
PAPERLESS ORDER GRANTING IN PART AND DEFERRING RULING IN PART on DE #41 Motion of Defendant Tannenholz for Protective Order Staying Depositions and her Discovery Deadlines Pending Decision on Dispositive Motion. Defendant Tannenholz requests that the Court enter a protective order staying the depositions and other discovery deadlines as to her pending a ruling on her Motion to Dismiss (DE #22 ). Defendant Tannenholz contends that her Motion to Dismiss the single state law claim brought against her for intentional infliction of emotional distress is dispositive with respect to its jurisdictional and merits-based arguments and that she would be prejudiced if she had to expend resources participating in discovery on a claim that is not properly before this Court. (See DE #41 at 2). Pursuant to the Pretrial Scheduling Order (DE #20 ), Defendants' expert disclosure deadline in this case is November 16, 2020. Defendant Tannenholz represents that, if discovery continues without a stay as to her, she will have to pay a several-thousand-dollar retainer to her selected expert, which would be wasteful if the Court ultimately dismissed the claim against her. At this time, I will take the motion under advisement, but I am prepared to grant Defendant Tannenholz a stay of the November 16, 2020 expert disclosure deadline. Although Defendant Tannenholz also seeks a stay of the depositions that Plaintiffs and Co-Defendant have requested of her, I will defer ruling on that issue, as the motion does not indicate that those events are imminent, and the court is currently considering the merits of all pending motions to dismiss in this matter. Signed by Judge Donald M. Middlebrooks on 11/13/2020. (kal)
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Filing 42
NOTICE of Attorney Appearance by Josef M. Fiala on behalf of Seven Bridges Homeowners Association Inc.. Attorney Josef M. Fiala added to party Seven Bridges Homeowners Association Inc. (pty:dft). (Fiala, Josef)
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Filing 41
MOTION for Protective Order by Rachel Aboud Tannenholz. (Attachments: #1 Exhibit)(Klingsberg, Debra)
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Filing 40
FINAL MEDIATION REPORT by Theodore A. Deckert. Disposition: Case did not settle.(Nissen, Karen)
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Filing 39
PAPERLESS ORDER REGARDING STATUS OF MEDIATION EFFORTS. In their August 31, 2020 Joint Motion for Extension of Time, the Parties represented that they had a mediation scheduled for September 3, 2020 that may resolve the federal claim in this case. (DE #24 at 1-2). Pursuant to the Local Rules, a mediator's report must be filed within seven days of the mediation conference. See S.D. Fla. L.R. 16.2(f)(1)). To date, however, no mediator's report has been filed. The Parties are therefore directed to ensure that a mediator's report is filed by October 2, 2020. Signed by Judge Donald M. Middlebrooks on 10/1/2020. (Status Report due by 10/2/2020.) (kal)
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Filing 38
NOTICE of Correction of Case Citation Cited in Association's Motion to Dismiss by Seven Bridges Homeowners Association Inc. re #21 Defendant's MOTION to Dismiss #1 Complaint, and To Strike Plaintiffs' Claim for Punitive Damages (Nissen, Karen)
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Filing 37
ORDER DENYING MOTION TO EXTEND PRETRIAL DEADLINES AND TO CONTINUE TRIAL re DE#33 Joint Motion to Modify the Pretrial Scheduling Order and Reassignment of this Case on the Complex Track, is DENIED. Signed by Judge Donald M. Middlebrooks on 9/28/2020. See attached document for full details. (ebz)
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Filing 36
Initial Disclosure(s) by Deborah LaGrasso, Jeffrey LaGrasso (Weires, Scott)
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Filing 35
Initial Disclosure(s) by Rachel Aboud Tannenholz (Klingsberg, Debra)
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Filing 34
Initial Disclosure(s) by Seven Bridges Homeowners Association Inc. (Nissen, Karen)
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Filing 33
Joint Motion to Modify the Pretrial Scheduling Order and Reassignment of this Case on the Complex Track re #27 SCHEDULING REPORT - Rule 26(f)/16.1, #29 Order, #20 Scheduling Order, Order Referring Case to Mediation, by Seven Bridges Homeowners Association Inc.. (Attachments: #1 Text of Proposed Order ORDER ON JOINT MOTION TO MODIFY THE PRETRIAL SCHEDULING ORDER AND REASSIGNMENT OF THIS CASE ON THE COMPLEX TRACK)(Nissen, Karen)
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Filing 32
CLERK'S NOTICE - Attorney Admissions has not updated secondary email information for attorney Scott Alan Weires re #30 Notice of Change of Address. Attorney has not followed the required procedures for updating their secondary email information with the Court. The Court is not responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (cw)
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Filing 31
REPLY to Response to Motion re #22 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION to Dismiss #1 Complaint, for Failure to State a Claim filed by Rachel Aboud Tannenholz. (Attachments: #1 Exhibit Declaration)(Klingsberg, Debra)
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Filing 30
NOTICE of Change of Address by Scott Alan Weires (Weires, Scott)
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Filing 29
ORDER upon the Parties Discovery Plan and Proposed Pretrial Schedule (DE 27) Signed by Judge Donald M. Middlebrooks on 9/10/2020. See attached document for full details. (lk)
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Filing 28
RESPONSE in Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,, MOTION to Dismiss 1 Complaint, for Failure to State a Claim, filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 9/15/2020. (Weires, Scott)
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Filing 27
Joint SCHEDULING REPORT - Rule 26(f) by Deborah LaGrasso, Jeffrey LaGrasso (Weires, Scott)
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Filing 26
RESPONSE in Opposition re #21 Defendant's MOTION to Dismiss #1 Complaint, and To Strike Plaintiffs' Claim for Punitive Damages filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 9/15/2020. (Weires, Scott)
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Filing 25
PAPERLESS ORDER granting (DE #24 ) Joint Motion for Extension of Time. The Parties jointly move to extend the deadline to file their Rule 26(f)(3) joint discovery plan because they have a mediation scheduled for September 3, 2020, that may resolve the federal claim in this case. In the interest of promoting an early negotiated resolution of this matter and conserving litigation resources, I find good cause to grant the requested extension. Accordingly, the Parties' deadline to file their Joint Discovery Plan is extended from August 31, 2020 to September 8, 2020. No other deadlines set forth in the Pretrial Scheduling Order are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 9/2/2020. (kal)
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Filing 24
Joint MOTION for Extension of Time Joint Discovery Plan no later than September 8, 2020 re #19 Scheduling Order,,, Order Referring Case to Magistrate Judge,, by Deborah LaGrasso, Jeffrey LaGrasso. Responses due by 9/14/2020 (Attachments: #1 Exhibit A)(Weires, Scott)
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Filing 23
NOTICE of Filing Corrected Attachment by Rachel Aboud Tannenholz re #22 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit State Court Complaint) (Klingsberg, Debra)
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Filing 22
MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, MOTION to Dismiss #1 Complaint, for Failure to State a Claim. (Responses due by 9/8/2020) by Rachel Aboud Tannenholz. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Exhibits to State Court Complaint)(Klingsberg, Debra)
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Filing 21
Defendant's MOTION to Dismiss #1 Complaint, and To Strike Plaintiffs' Claim for Punitive Damages by Seven Bridges Homeowners Association Inc. Responses due by 9/8/2020 (Nissen, Karen)
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Filing 20
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 9/21/2020., Discovery due by 1/11/2021., Fact Discovery due by 1/11/2021., Expert Discovery due by 1/11/2021., Joinder of Parties due by 9/21/2020., In Limine Motions due by 1/25/2021., Dispositive Motions due by 1/25/2021., Motions due by 1/25/2021., Joint Pretrial Stipulation due by 3/1/2021., Jury Trial set for 3/29/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 3/24/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 8/20/2020. See attached document for full details. (ebz) #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 19
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 3/29/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/24/2021 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 8/19/2020. See attached document for full details. (mc) #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 18
NOTICE of Striking #17 Notice of Mediator Selection and/or Hearing filed by Theodore Deckert by Deborah LaGrasso, Jeffrey LaGrasso (Weires, Scott)
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Filing 17
First NOTICE of Mediator Selection and Hearing. Selected/Added Theodore Deckert as Mediator. Mediation Hearing set for 9/3/2020 at 10:00 a.m.. (Weires, Scott)
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Filing 16
PAPERLESS ORDER granting #11 #13 Defendants' Motions for Extension of Time to Respond to Plaintiffs' Complaint. As Plaintiffs do not oppose these Motions (DE #15 ), I find good cause to grant the requested extension of the deadline to respond to Plaintiffs' Complaint. Although Defendant Seven Bridges Homeowners Association Inc requests an extension until August 22, 2020, while Defendant Rachel Aboud Tannenholz requests an extension until August 25, 2020, in the interest of uniformity, I will grant both Defendants an extension until August 25, 2020. Signed by Judge Donald M. Middlebrooks on 8/11/2020. (gts)
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Filing 15
RESPONSE to Motion re #11 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, , #13 MOTION for Extension of Time to respond to Complaint re #1 Complaint, filed by Deborah LaGrasso, Jeffrey LaGrasso. Replies due by 8/17/2020. (Weires, Scott)
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Filing 14
NOTICE of Attorney Appearance by Debra Daumit Klingsberg on behalf of Rachel Aboud Tannenholz (Klingsberg, Debra)
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Filing 13
MOTION for Extension of Time to respond to Complaint re #1 Complaint, by Rachel Aboud Tannenholz. Attorney Debra Daumit Klingsberg added to party Rachel Aboud Tannenholz(pty:dft). Responses due by 8/24/2020 (Attachments: #1 Exhibit Proposed Order)(Klingsberg, Debra)
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Filing 12
PAPERLESS ORDER EXPEDITING BRIEFING. On August 7, 2020 Defendant filed an Amended Motion for Extension of Time to Respond to Plaintiff's Complaint. (DE #11 ). The Certificate of Conferral in this Motion states that Defendant was unable to contact Plaintiff to confer regarding this Motion. In the interest of resolving this matter expeditiously, Plaintiff shall respond to Defendant's Motion today, August 10, 2020. Signed by Judge Donald M. Middlebrooks on 8/10/2020. (gts)
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Filing 11
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Seven Bridges Homeowners Association Inc. (Nissen, Karen)
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Filing 10
NOTICE of Attorney Appearance by Karen M. Nissen on behalf of Seven Bridges Homeowners Association Inc. Attorney Karen M. Nissen added to party Seven Bridges Homeowners Association Inc(pty:dft). (Nissen, Karen)
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Filing 9
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey LaGrasso, Deborah LaGrasso. Seven Bridges Homeowners Association Inc served on 7/17/2020, answer due 8/7/2020. (Weires, Scott)
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Filing 8
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey LaGrasso, Deborah LaGrasso. Rachel Aboud Tannenholz served on 7/18/2020, answer due 8/10/2020. (Weires, Scott)
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Filing 7
Summons Issued as to Rachel Aboud Tannenholz, Seven Bridges Homeowners Association Inc. (jas)
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Filing 6
Clerks Notice to Filer re #4 Notice (Other). Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (jas)
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Filing 5
NOTICE of Filing Proposed Summons(es) (See DE# 4 for images). (jas)
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Filing 4
NOTICE of Filing Civil Cover Sheet by Deborah LaGrasso, Jeffrey LaGrasso re 3 Clerks Notice to Filer re: Electronic Case (Attachments: #1 Summon(s), #2 Summon(s)) (Weires, Scott)
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Filing 3
Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (ebz)
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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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz)
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Filing 1
COMPLAINT against All Plaintiffs. Filing fees $ 400.00 receipt number AFLSDC-13192596, filed by Jeffrey LaGrasso, Deborah LaGrasso. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Weires, Scott)
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