Kaznecki v. EXP Realty, LLC
| David W. Kaznecki |
| EXP Realty, LLC |
| 9:2021cv80512 |
| March 8, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2021. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER SETTING DEADLINE FOR FILING CLOSING DOCUMENTS. On April 30, 2021, the Court was advised that the Parties have reached a settlement, and the Court congratulates the Parties on their amicable resolution of this matter. Plaintiff is therefore directed to file a notice of voluntary dismissal within 10 days, which is on or before May 10, 2021. Until closing documents are filed, this case will remain on the trial calendar and the Court expects compliance with all pretrial deadlines. However, in light of the pending settlement, I will sua sponte extend all deadlines that fall within this 10-day period to May 10, 2021. Additionally, the Parties are advised that they may move for the Court to retain jurisdiction upon closing the case if necessary to enforce the terms of their settlement agreement. Signed by Judge Donald M. Middlebrooks on 4/30/2021. (apo)
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Filing 15
PAPERLESS ORDER granting #14 Plaintiff's Unopposed Motion for Extension of Time. The deadline to file a joint discovery plan and a notice of mediator selection was April 26, 2021. (See DE #5 at 4, 6). Plaintiff seeks a 4-day extension, citing counsel's inadvertence and family emergency. (DE #14 at 2). I find good cause to grant the Motion and extend the deadline to file a joint discovery plan and a notice of mediator selection to April 30, 2021. No other litigation deadlines are modified or amended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 4/28/2021. (kal)
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| Filing 14 Unopposed MOTION for Extension of Time to File Discovery Plan and Notice of Selection of Mediator re #5 Scheduling Order,,, Order Referring Case to Mediation,, by David W. Kaznecki. Responses due by 5/10/2021 (Attachments: #1 Text of Proposed Order)(Lehrman, Seth) |
| Filing 13 Defendant's MOTION Request for Judicial Notice in Support of Defendant's Motion to Dismiss re #12 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by EXP Realty, LLC. (Attachments: #1 Exhibit Exhibit A-1, #2 Exhibit Exhibit A-2, #3 Exhibit Exhibit A-3, #4 Exhibit Exhibit A-4, #5 Exhibit Exhibit A-5, #6 Exhibit Exhibit A-6, #7 Exhibit Exhibit A-7)(Joffe, Jason) |
| Filing 12 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by EXP Realty, LLC. Responses due by 5/6/2021 (Joffe, Jason) |
| Filing 11 MOTION to Strike #1 Complaint and to Dismiss Class Allegations by EXP Realty, LLC. Responses due by 5/6/2021 (Joffe, Jason) |
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Filing 10
PAPERLESS ORDER granting in part #9 Defendant's Unopposed Motion for Extension of Time. The deadline for Defendant to respond to the Complaint is April 15, 2021. (DE #8 ). Defendant seeks a two-week extension, citing only that counsel for the Parties have agreed to the extension "to allow Defendant's Counsel additional time to conduct factual investigation necessary to prepare the response to Plaintiff's Complaint." (DE #9 at 1). Motions to extend litigation deadlines must set forth good cause supported by specific facts. Defendant's Motion does not provide the Court with any basis upon which to evaluate whether good cause exists to grant the requested relief. Nevertheless, I will grant the Motion in part because it is unopposed. Accordingly, the deadline for Defendant to respond to the Complaint is extended to April 22, 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 4/13/2021. (apo)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by EXP Realty, LLC. Attorney Jason Daniel Joffe added to party EXP Realty, LLC(pty:dft). (Attachments: #1 Text of Proposed Order Exhibit A)(Joffe, Jason) |
| 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 David W. Kaznecki. EXP Realty, LLC served on 3/25/2021, answer due 4/15/2021. (Attachments: #1 Declaration of Service)(Lehrman, Seth) |
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Filing 7
PAPERLESS ORDER denying without prejudice #6 Plaintiff's Motion to Modify Trial Date. Plaintiff seeks "to be relieved from" the Order Setting Trial Date (DE #4 ) and "for the Court to enter modified [sic] trial order pending entry of an appearance by the Defendant and the parties' discovery plan." (DE #6 at 3). In support, Plaintiff cites that Defendant has not yet been served and the anticipated volume of discovery. (Id. at 1-3). This Motion is premature considering that trial is scheduled seven months out. (DE #4 ). For the time being, Plaintiff should diligently attempt to comply with the Order Setting Trial Date and the Pretrial Scheduling Order. As the case progresses, if the Parties are unable to meet a specific deadline, they may move for an extension as to that deadline by setting forth specific facts describing the particular obstacles that have prevented timely compliance, and any efforts made to comply, with the deadline. Plaintiff is advised that, at any time after Defendant's appearance in this action, the Parties may consent to the jurisdiction of U.S. Magistrate Judge Dave Lee Brannon, who generally allows litigants great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order (DE #5 ). Signed by Judge Donald M. Middlebrooks on 3/29/2021. (apo)
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| Filing 6 Plaintiff's MOTION to Modify Trial Date by David W. Kaznecki. (Eggnatz, Joshua) |
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Filing 5
Pretrial Scheduling Order And Order Referring Case To Mediation: ( Amended Pleadings due by 4/19/2021., Discovery due by 8/9/2021., Joinder of Parties due by 4/19/2021., In Limine Motions due by 8/30/2021., Dispositive Motions due by 8/30/2021., Motions due by 8/30/2021., Pretrial Stipulation due by 9/27/2021.) Signed by Magistrate Judge Dave Lee Brannon on 3/18/2021. 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 4
ORDER Referring Case And Setting Trial Date: ( Jury Trial set for 10/25/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 10/20/2021 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 3/15/2021. 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 3 Summons Issued as to EXP Realty, LLC. (bb) |
| 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. (bb) |
| Filing 1 COMPLAINT against EXP Realty, LLC. Filing fees $ 402.00 receipt number AFLSDC-14503518, filed by David W. Kaznecki. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Lehrman, Seth) |
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| Plaintiff: David W. Kaznecki | |
| Represented By: | Seth Michael Lehrman |
| Represented By: | Joshua Harris Eggnatz |
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| Defendant: EXP Realty, LLC | |
| Represented By: | Jason Daniel Joffe |
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