Bernard v. Vercruysse
| Ms Sherainne Bernard |
| Stephane J Vercruysse |
| 9:2020cv81750 |
| September 25, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 23, 2020. A more recent docket listing may be available from PACER.
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| Filing 24 REPLY to Response to Motion re #12 Corrected MOTION for Preliminary Injunction - All Writs Act filed by Sherainne Bernard. (Fletcher, Cheryl) |
| Filing 23 Joint SCHEDULING REPORT - Rule 26(f) by Sherainne Bernard (Fletcher, Cheryl) |
| Filing 22 CERTIFICATE OF SERVICE by Sherainne Bernard re #20 Response in Opposition to Motion, #21 Affidavit in Opposition to Motion, (Fletcher, Cheryl) |
| Filing 21 AFFIDAVIT in Opposition re #18 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM of Cheryl Fletcher filed by Sherainne Bernard. (Attachments: #1 Exhibit 1 - State Court Motion)(Fletcher, Cheryl) |
| Filing 20 RESPONSE in Opposition re #18 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by Sherainne Bernard. Replies due by 11/30/2020. (Fletcher, Cheryl) |
| Filing 19 RESPONSE in Opposition re #12 Corrected MOTION for Preliminary Injunction - All Writs Act filed by Stephane J Vercruysse. Replies due by 11/25/2020. (Attachments: #1 Exhibit A - State Court Docket, #2 Exhibit B - State Court DE 126, #3 Exhibit C - Website re Contingency Fees, #4 Exhibit D - Website re Settlements)(Prada, Mark) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, , MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM ( Responses due by 11/30/2020) by Stephane J Vercruysse. (Dominguez, Anthony) |
Filing 17
PAPERLESS ORDER granting #16 Defendant's Motion for Extension of Time. On November 12, 2020, Defendant filed a "Motion for Leave to File an Untimely Motion to Dismiss," which I have construed as a Motion for Extension of Time. The deadline for Defendant to respond to the Complaint (DE #1 ) was November 3, 2020. (DE #9 ). Now, more than one week later, Defendant seeks an extension "to permit [him] to file the attached proposed Motion to Dismiss," citing that counsel was retained on November 6, 2020, after unsuccessful attempts at settlement negotiations. (DE #16 ). In light of the Parties' attempts to amicably resolve this matter and the fact that this extension is unopposed, I will grant the Motion. Therefore, the deadline for Defendant to respond to the Complaint (DE #1 ) is extended from November 3, 2020, to November 13, 2020. I note that Defendant has appended a draft of the Motion to Dismiss to the Motion for Extension of Time. Defendant is advised that the Motion to Dismiss must be separately re-filed in the court record and such Motion will be deemed timely if filed on November 13, 2020. No other litigation deadlines are modified or amended as a result of this Order. Additionally, I note that the Motion represents that the Parties previously agreed to an extension of this deadline without moving for an extension of time. (DE #16 ). The Parties are advised that such agreements do not extend deadlines; rather, a litigation deadline may be extended only by court order and upon a Party's well-founded motion demonstrating that despite its diligence, it was unable to comply with the operative deadline. Therefore, going forward, counsel must ensure that court-authorized extensions are sought in advance of the deadline sought to be extended. Signed by Judge Donald M. Middlebrooks on 11/13/2020. (kal)
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| Filing 16 Unopposed MOTION for Leave to File Untimely Motion to Dismiss by Stephane J Vercruysse. Attorney Anthony Richard Dominguez added to party Stephane J Vercruysse(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order, #2 Appendix Appendix to Motion for Leave, #3 Exhibit Exhibit A - Proposed Motion to Dismiss under R. 12(b)(1) and 12(b)(6))(Dominguez, Anthony) |
| Filing 15 NOTICE of Attorney Appearance by Mark Andrew Prada on behalf of Stephane J Vercruysse. Attorney Mark Andrew Prada added to party Stephane J Vercruysse(pty:dft). (Prada, Mark) |
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Filing 14
PAPERLESS ORDER denying as moot #10 Plaintiff's Motion for All Writs Act Injunction. In light of Plaintiff's corrected Motion for All Writs Act Injunction (DE #12 ), Plaintiff's previously filed Motion for All Writs Act Injunction (DE #10 ) is denied as moot. Signed by Judge Donald M. Middlebrooks on 11/9/2020. (kal)
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| Filing 13 AFFIDAVIT in Support re #12 Corrected MOTION for Preliminary Injunction - All Writs Act Greg McLawsen filed by Sherainne Bernard. (Attachments: #1 Exhibit 1 - State Court Motion, #2 Exhibit 2 - Nov. 3, 2020 correspondence, #3 Exhibit 3 - Nov. 4, 2020 correspondence, #4 Exhibit 4 - Nov. 5, 2020 correspondence)(Fletcher, Cheryl) |
| Filing 12 Corrected MOTION for Preliminary Injunction - All Writs Act by Sherainne Bernard. (Attachments: #1 Memorandum, #2 Exhibit Jubber Decision (unpublished), #3 Text of Proposed Order)(Fletcher, Cheryl) |
| Filing 11 AFFIDAVIT in Support re #10 MOTION for Preliminary Injunction - All Writs Act Sherainne Bernard filed by Sherainne Bernard. (Attachments: #1 Exhibit 1 - Affidavit of Support, #2 Exhibit 2 - Corrected Affidavit of Support, #3 Exhibit 3 - Record of Arrival, #4 Exhibit 4 - Residency Application, #5 Exhibit 5 - Visa Petition, #6 Exhibit 6 - Attorney Cover Letter, #7 Exhibit 7 - Residency Application Receipt, #8 Exhibit 8 - Visa Petition Receipt, #9 Exhibit 9 - Request for Evidence, #10 Exhibit 10 - Residency Application Approval, #11 Exhibit 11 - Residency Card, #12 Exhibit 12 - Petition for Dissolution, #13 Exhibit 13 - Divorce Judgment, #14 Exhibit 14 - Unemployment statement, #15 Exhibit 15 - Uber Earnings)(Fletcher, Cheryl) |
| Filing 10 MOTION for Preliminary Injunction - All Writs Act by Sherainne Bernard. (Attachments: #1 Text of Proposed Order)(Fletcher, Cheryl) |
| 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 Sherainne Bernard. Stephane J Vercruysse served on 10/13/2020, answer due 11/3/2020. (Fletcher, Cheryl) |
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Filing 8
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 11/30/2020., Discovery due by 3/22/2021., Joinder of Parties due by 11/30/2020., In Limine Motions due by 4/5/2021., Dispositive Motions due by 4/5/2021., Motions due by 4/5/2021., Pretrial Stipulation due by 5/10/2021.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 10/14/2020. See attached document for full details. (cds)
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Filing 7
OORDER REFERRING CASE AND SETTING TRIAL DATE. Referring Case to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. (Jury Trial set for 6/7/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/2/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/9/2020. See attached document for full details. (jbs) #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 6
PAPERLESS ORDER granting #5 Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Gregory Hortman McLawsen. Gregory Hortman McLawsen may participate in this matter on behalf of Plaintiff Sherainne Bernard. The Clerk of Court shall provide all electronic filings to Gregory Hortman McLawsen at greg@soundimmigration.com. Signed by Judge Donald M. Middlebrooks on 10/1/2020. (kal)
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| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory Hortman McLawsen. Filing Fee $ 200.00 Receipt # AFLSDC-13603730 by Sherainne Bernard. Responses due by 10/13/2020 (Attachments: #1 Text of Proposed Order)(Fletcher, Cheryl) |
| Filing 4 NOTICE of Change of Address by Cheryl Fletcher (Fletcher, Cheryl) |
| Filing 3 Summons Issued as to Stephane J Vercruysse. (jbs) |
| 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. (jbs) |
| Filing 1 COMPLAINT for Breach of Contract against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13586735, filed by Sherainne Bernard. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Adjustment of Status, #4 Exhibit Amended I-864 Affidavit, #5 Exhibit I-94, #6 Exhibit I485, #7 Exhibit I-130, #8 Exhibit Cover Letter, #9 Exhibit I-485 Receipt, #10 Exhibit I-130 Receipt, #11 Exhibit Request for Evidence, #12 Exhibit I-485 Approval Notice, #13 Exhibit I-551 LPR Card)(Fletcher, Cheryl) |
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| Plaintiff: Ms Sherainne Bernard | |
| Represented By: | Cheryl Fletcher |
| Represented By: | Gregory Hortman McLawsen |
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| Defendant: Stephane J Vercruysse | |
| Represented By: | Anthony Richard Dominguez |
| Represented By: | Mark Andrew Prada |
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