Bricklayers & Trowel Trades International Pension Fund et al v. Miotto 2000 Tile & Marble Works, Inc
| Bricklayers and Allied Craftworkers International Health Fund, Florida Trowel Trades Pension Fund and Bricklayers & Trowel Trades International Pension Fund |
| Miotto 2000 Tile & Marble Works, Inc |
| 9:2020cv81940 |
| October 21, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 22
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION (Amended Pleadings due by 1/11/2021., Discovery due by 5/3/2021., Joinder of Parties due by 1/11/2021., In Limine Motions due by 5/17/2021., Dispositive Motions due by 5/17/2021., Motions due by 5/17/2021., Pretrial Stipulation due by 6/21/2021., Jury Trial set for 7/19/2021 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 7/14/2021 01:15 PM before Judge Donald M. Middlebrooks.), Signed by Magistrate Judge Dave Lee Brannon on 12/18/2020. 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.
|
|
Filing 21
PAPERLESS ORDER granting #20 Plaintiffs' Unopposed Motion for Extension of Time. The deadline for Plaintiffs to respond to Defendant's Motion to Dismiss (DE #18 ) is December 28, 2020. Plaintiffs seek an extension until January 8, 2021, citing that "counsel's preexisting client obligations will make it difficult to provide the time necessary to analyze and research the applicable law and prepare a response." (DE #20 at 2). Motions to extend litigation deadlines must set forth good cause supported by specific facts. Given the brief nature of the requested extension and the fact that it is unopposed, I will grant the Motion. Accordingly, the deadline for Plaintiffs to respond to Defendant's Motion to Dismiss is extended from December 28, 2020, to January 8, 2021. Future requests for extensions will be denied unless the moving party can establish that a particular deadline could not be met despite diligent efforts. Signed by Judge Donald M. Middlebrooks on 12/18/2020. (kal)
|
| Filing 20 Unopposed MOTION for Extension of Time to respond to Defendant's Motion to Dismiss Plaintiff's Complaint re #18 Defendant's MOTION to Dismiss #1 Complaint, and, Alternatively MOTION for More Definite Statement by Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Florida Trowel Trades Pension Fund. Responses due by 12/31/2020 (Venable, Patrick) |
|
Filing 19
ORDER REFERRING CASE AND SETTING TRIAL DATE Referring Case to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. (Jury Trial set for 7/19/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/14/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 12/17/2020. 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.
|
| Filing 18 Defendant's MOTION to Dismiss #1 Complaint, and, Alternatively, MOTION for More Definite Statement by Miotto 2000 Tile & Marble Works, Inc. Responses due by 12/28/2020 (Lindberg, Merry) |
|
Filing 17
PAPERLESS ORDER granting #15 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Daniel J. Keenan. Daniel J. Keenan may participate in this matter on behalf of Plaintiffs Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, and Florida Trowel Trades Pension Fund. The Clerk of Court shall provide all electronic filings to Daniel J. Keenan at dkeenan@odonoghuelaw.com. Signed by Judge Donald M. Middlebrooks on 12/11/2020. (kal)
|
|
Filing 16
PAPERLESS ORDER granting #14 Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Charles W. Gilligan. Charles W. Gilligan may participate in this matter on behalf of Plaintiffs Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, and Florida Trowel Trades Pension Fund. The Clerk of Court shall provide all electronic filings to Charles W. Gilligan at cgilligan@odonoghuelaw.com. Signed by Judge Donald M. Middlebrooks on 12/11/2020. (kal)
|
| Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Dan Keenan. Filing Fee $ 200.00 Receipt # AFLSDC-14012946 by Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Florida Trowel Trades Pension Fund. Responses due by 12/28/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Venable, Patrick) |
| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Charles Gilligan. Pay.gov Agency Tracking ID FLSDC-14012822. Filing Fee $ 200.00 by Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Florida Trowel Trades Pension Fund. Attorney Patrick Allen Venable added to party Florida Trowel Trades Pension Fund(pty:pla). Responses due by 12/28/2020 (Attachments: #1 Certification, #2 Text of Proposed Order)(Venable, Patrick) |
|
Filing 13
PAPERLESS ORDER granting #12 Defendant's Unopposed Motion for Extension of Time. The deadline for Defendant to respond to the Complaint (DE #1 ) is November 27, 2020. Defendant seeks an extension until December 11, 2020, citing that the current deadline is "a date that [counsel's] Firm observes as a holiday" and that "counsel was engaged just this week to represent Defendant." (DE #12 ). The Motion also explains that a two-week extension is requested "because the issues in this case are complex, involving ERISA and NLRB statutes and regulations," and because counsel "has preexisting court-ordered commitments that will make it difficult to provide the time necessary to analyze and research the law applicable to Plaintiffs' claims and to prepare a response." (Id.). In light of Defendant's representations and the fact that the extension is unopposed, I find good cause to grant the Motion. Therefore, the deadline for Defendant to respond to the Complaint (DE #1 ) is extended from November 27, 2020, to December 11, 2020. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 11/19/2020. (kal)
|
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Miotto 2000 Tile & Marble Works, Inc. Attorney Merry Ellen Lindberg added to party Miotto 2000 Tile & Marble Works, Inc(pty:dft). (Lindberg, Merry) |
| Filing 11 Summons Issued as to Miotto 2000 Tile & Marble Works, Inc. (cds) |
| Filing 10 NOTICE of Filing Proposed Summons(es) by Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Florida Trowel Trades Pension Fund re 9 Clerks Notice to Filer re: Electronic Case, Summons(es), #1 Complaint, filed by Florida Trowel Trades Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Bricklayers & Trowel Trades International Pension Fund (Venable, Patrick) |
| Filing 9 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. Summons need to reflect MIOTTO 2000 TILE & MARBLE WORKS, INC. (cds) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Florida Trowel Trades Pension Fund re #1 Complaint, filed by Florida Trowel Trades Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Bricklayers & Trowel Trades International Pension Fund, 7 Clerks Notice to Filer re: Electronic Case, Summons(es) (Venable, Patrick) |
| Filing 7 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents.. (cds) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Florida Trowel Trades Pension Fund re #1 Complaint, filed by Florida Trowel Trades Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Bricklayers & Trowel Trades International Pension Fund, 5 Clerks Notice to Filer re: Electronic Case, Summons(es) (Venable, Patrick) |
| Filing 5 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason -1- MULTIPLE NAMES ON SUMMONS IS UNACCEPTABLE,2-AO440 Summons Form not used. (lk) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by Bricklayers & Trowel Trades International Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Florida Trowel Trades Pension Fund re #1 Complaint, filed by Florida Trowel Trades Pension Fund, Bricklayers and Allied Craftworkers International Health Fund, Bricklayers & Trowel Trades International Pension Fund, 3 Clerks Notice to Filer re: Electronic Case, Summons(es) (Venable, Patrick) |
| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Image is not a summon(s). (mc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (mc) |
| Filing 1 COMPLAINT against Miotto 2000 Tile & Marble Works, Inc. Filing fees $ 400.00 receipt number AFLSDC-13732898, filed by Bricklayers & Trowel Trades International Pension Fund, Florida Trowel Trades Pension Fund, Bricklayers and Allied Craftworkers International Health Fund. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Venable, Patrick) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
