Pegasus Builders Inc v. Welly Horse Farm LLC et al
| Pegasus Builders Inc |
| Ave M Realty Corp., Welly Horse Farm LLC, Louis Policastro and Stonewood Farm LLC |
| David C Forkey |
| 9:2020cv81364 |
| August 21, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 27 Plaintiff's MOTION for Default Judgment by Pegasus Builders Inc. (Attachments: #1 Exhibit July 7 2020 Motion for Court Default, #2 Exhibit August 10 2020 Order to File Answer)(Maraist, Patrick) |
Filing 26
PAPERLESS ORDER regarding Defendants' counsel's Notice of Unavailability (DE #25 ). Defendants' counsel has filed a Notice of Unavailability that states: "The filing and service of this Notice shall constitute an application and request for continuance, extension of time and/or protective order as appropriately required for the above reasons." (Id. at 2). I decline to extend any deadlines, or grant any continuance, based upon counsel's Notice of Unavailability. "[A] request for a court order must be made by motion," Fed. R. Civ. P. 7(b). Counsel's Notice is not a motion. Defendants are free to file any motion to extend a specific deadline and I will consider whether good cause exists to grant it. Any forthcoming motion must "state with particularity the grounds for seeking the order." Id. Signed by Judge Donald M. Middlebrooks on 10/16/2020. (kal)
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| Filing 25 NOTICE OF UNAVAILABILITY by Ave M Realty Corp., Louis Policastro, Stonewood Farm LLC, Welly Horse Farm LLC for dates of October 26, 2020 through October 30, 2020 (Heitman, Gilmer) |
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Filing 24
ORDER SETTING DISCOVERY PROCEDURE re #21 Order Referring Case to Magistrate Judge, Signed by Magistrate Judge Dave Lee Brannon on 10/13/2020. See attached document for full details. (drz)
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| Filing 23 Clerks Notice to Filer re #20 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#]. It is not necessary to refile this document. (drz) |
| Filing 22 NOTICE OF JOINT SELECTION OF MEDIATOR. Selected/Added Louis L. Williams as Mediator. (For Image See DE#20 )(drz) |
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Filing 21
ORDER REFERRING MOTIONS. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, any discovery motions filed in this matter shall be referred to United States Magistrate Judge Dave Lee Brannon for resolution. Signed by Judge Donald M. Middlebrooks on 10/13/2020. See attached document for full details. (drz)
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| Filing 20 NOTICE by Pegasus Builders Inc Joint Selection of Mediator (Maraist, Patrick) |
| Filing 19 NOTICE by Pegasus Builders Inc Joint Scheduling Report and Discovery Plan (Maraist, Patrick) |
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Filing 18
PAPERLESS ORDER STRIKING #16 Defendants' Scheduling Report and Discovery Plan. The Parties did participate in a conference as required. Accordingly, Defendants' Scheduling Report and Discovery Plan (DE #16 ), having been unilaterally filed, is hereby STRICKEN. Signed by Judge Donald M. Middlebrooks on 10/9/2020. (kal)
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Filing 17
PAPERLESS ORDER denying #15 Plaintiff's Motion for Extension of Time. Plaintiff moves for an extension of the deadline for the Parties to submit their Joint Discovery Plan (and also apparently moves for an extension of all other deadlines set forth in the Pretrial Scheduling Order), essentially because Plaintiff believes that Defendants improperly removed this case to federal court. Plaintiff has filed a Motion to Remand (DE #6 ), which is now fully briefed, and upon which I will rule in due course. Plaintiff argues that "[u]ntil Defendants Answer the Verified Second Amended Complaint, Plaintiff cannot comply in good faith or in any meaningful manner with the Pretrial Scheduling Order." (DE 15 at 2-3). Plaintiff's motion to extend deadlines is DENIED. The pendency of Plaintiffs' Motion to Remand does not constitute good cause to suspend all litigation in this case. I note that after the filing of the present Motion for Extension, Defendants unilaterally filed their own Discovery Plan. (DE #16 ). That filing shall be stricken by separate Order. The Parties shall confer and shall timely file a Joint Discovery Plan. And thereafter, the Parties must timely comply with all other litigation deadlines set by this Court. Signed by Judge Donald M. Middlebrooks on 10/9/2020. (kal)
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| Filing 16 STRICKEN NOTICE of Compliance Defendants' Scheduling Report and Discovery Plan by Ave M Realty Corp., Louis Policastro, Stonewood Farm LLC, Welly Horse Farm LLC re #12 Scheduling Order,, Order Referring Case to Mediation, (Attachments: #1 Exhibit Ex A-1 Emails to/from Plaintiffs Re Joint Scheduling Report and Discovery Plan, #2 Exhibit Ex A-2 Emails to/from Plaintiffs Re Joint Scheduling Report and Discovery Plan, #3 Exhibit Ex A-3 Emails to/from Plaintiffs Re Joint Scheduling Report and Discovery Plan, #4 Exhibit Ex A-4 Emails to/from Plaintiffs Re Joint Scheduling Report and Discovery Plan, #5 Exhibit Ex A-5 Emails to/from Plaintiffs Re Joint Scheduling Report and Discovery Plan) (Heitman, Gilmer) Modified on 10/13/2020 stricken per de#18(dj). |
| Filing 15 Plaintiff's MOTION for Extension of Time To Comply with Pre Trial Order at DE 12 by Pegasus Builders Inc. Responses due by 10/22/2020 (Maraist, Patrick) |
| Filing 14 Plaintiff's REPLY to #10 Plaintiff's MOTION for Sanctions Under Rule 11, #13 Response in Opposition to Motion Under Rule 11 by Pegasus Builders Inc. (Maraist, Patrick) |
| Filing 13 RESPONSE in Opposition re #10 Plaintiff's MOTION for Sanctions Under Rule 11 filed by Ave M Realty Corp., Louis Policastro, Stonewood Farm LLC, Welly Horse Farm LLC. Replies due by 10/7/2020. (Heitman, Gilmer) |
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Filing 12
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 10/19/2020., All Discovery due by 2/8/2021., Joinder of Parties due by 10/19/2020., In Limine Motions due by 2/22/2021., Motions due by 2/22/2021., Pretrial Stipulation due by 3/29/2021.), and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 9/28/2020. See attached document for full details. (ls)
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Filing 11
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 4/26/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/21/2021 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 9/22/2020. 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 10 Plaintiff's MOTION for Sanctions Under Rule 11 by Pegasus Builders Inc. (Maraist, Patrick) |
| Filing 9 REPLY to Response to Motion re #6 Plaintiff's MOTION to Remand filed by Pegasus Builders Inc. (Attachments: #1 Exhibit July 7 2020 Motion for Court Default)(Maraist, Patrick) |
| Filing 8 RESPONSE in Opposition re #6 Plaintiff's MOTION to Remand for Improper Removal filed by Louis Policastro. Replies due by 9/11/2020. (Attachments: #1 Exhibit Ex A - 292-1 June 20 Order Denying Policastro's MTD 136PM, #2 Exhibit Ex B - 297 - 2 June 20 Order on Corp Ds Motion to Strike Sham Pleadings and or Dismiss Pegasus Verified Second Amended Complaint 06022020, #3 Exhibit Ex C - 333 - 6 July 20 Order Granting Pegasus M for Rehearing on June 2, 2020 Order and June 2, 2020 vacated, #4 Exhibit Ex D - 349 - 10 August 20 Order Granting Ps 2nd Amded Cmplnt and Ds Ans Due 15 Days 08102020, #5 Exhibit Ex E - Original Complaint Count I 08052019)(Heitman, Gilmer) |
| Filing 7 NOTICE by Ave M Realty Corp., Louis Policastro, Stonewood Farm LLC, Welly Horse Farm LLC Notice of Filing Pending Dispositive Motions Pursuant to Local Rule 7.2 (Attachments: #1 Exhibit Ex 1 - 195 - Ps Amended Motion for Leave To File Verified Second Amended Complaint FILED MARCH 2 2020, #2 Exhibit Ex 2 - 196 - Efiled Plaintiffs Verified Second Amended Complaint 03022020, #3 Exhibit Ex 3 - ORDER 03132020 Denying Ps M re Communication via Mail only, #4 Exhibit Ex 4 - 237 - 911534 Welly MTD Apr 132020, #5 Exhibit Ex 5 - 292-1 June 20 Order Denying Policastro's MTD 136PM, #6 Exhibit Ex 6 - 295 - Motion For Order re Clarification re Curleys Order 6-1-20 re CDs MTS-Dismiss 06012020, #7 Exhibit Ex 7 - 290 - Order Denying LPs MTD 2nd Verified Complaint - Pegasus 06012020, #8 Exhibit Ex 8 - 297 - Order on Corp Ds Motion to Strike Sham Pleadings and or Dismiss Pegasus Verified Second Amended Complaint 06022020, #9 Exhibit Ex 9 - 298 - Motion To Withdraw M4Clarification re Order on DCs MTSDismiss 06012020, #10 Exhibit Ex 10 - 300 - 3 June Order Denying 1 June 020 Motino for Clarification of 1 June Ord Denying LPs MTDEx 10 - 300 - 3 June Order Denying 1 June 020 Motino for Clarification of 1 June Ord Denying LPs MTD, #11 Exhibit Ex 11 - 315 - Ps Motion For Rehearing 2 June Order Granting CDs MTD, #12 Exhibit Ex 12 - 317 - Efiled Motion To Dismiss 062420 (1), #13 Exhibit Ex 13 - 318 - Efiled Exhibits A and B to MTD 062420, #14 Exhibit Ex 14 - 333 - Order Granting Pegasus M for Rehearing on June 2, 2020 Order and June 2, 2020 vacated, #15 Exhibit Ex 15 - 338 - Order Setting Sp Set Aug 12 Rehearing on Corp Ds MTD - DE 237 07102020, #16 Exhibit Ex 16 - 339 - 935382 13 July 2020 Ps M4Rehearing and reconsideration of 10 Juloy Order Setting SS on 12 August, #17 Exhibit Ex 17 - 348 - e-filed Corp Ds Response To Ps Motion for Rehearing August 12, 2020 07172020, #18 Exhibit Ex 18 - 349 - 08102020 Order Granting Ps 2nd Amded Cmplnt and Ds Ans Due 15 Days 08102020, #19 Exhibit Ex 19 - 350 - Ds Motion For Reconsideration of MTD 13 April) (Heitman, Gilmer) |
| Filing 6 Plaintiff's MOTION to Remand by Pegasus Builders Inc. (Attachments: #1 Appendix Verified Interrogatory Answers, #2 Appendix Motion for Rehearing, #3 Appendix August 10 2020 Order, #4 Appendix Policastro August 21 2020 Motion)(Maraist, Patrick) |
| Filing 5 NOTICE by Ave M Realty Corp., Louis Policastro, Stonewood Farm LLC, Welly Horse Farm LLC of Filing Civil Cover Sheet (Heitman, Gilmer) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) |
| 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. (drz) |
| 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. (drz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Pegasus Builders Inc v Welly Horse Farm LLC, et al) Filing fee $ 400.00 receipt number AFLSDC-13390143, filed by Louis Policastro, Stonewood Farm LLC, Welly Horse Farm LLC, Ave M Realty Corp.. (Attachments: #1 Exhibit Plaintiff's Verified Second Amended Complaint, #2 Exhibit August 10, 2020 Order, #3 Exhibit Pegasus SunBiz Record, #4 Exhibit Welly Horse SunBiz Record, #5 Exhibit Stonewood Farm SunBiz Record, #6 Civil Cover Sheet Civil Cover Sheet)(Heitman, Gilmer) Modified on 8/21/2020 (drz). ( No Answer, Affirmative Defenses or Motion to Dismiss filed in State Court) |
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