Spikes et al v. Schumacher Auto Group, Inc. et al
Plaintiff: Lance Spikes, Marjorie T Hollman, Michael Cortes, Brian Horowitz and Cameron N May
Defendant: Schumacher Auto Group Inc, Charles A Schumacher and Amanda Schumacher
Case Number: 9:2021cv81223
Filed: July 12, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodney Smith
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 0201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2021 Opinion or Order Filing 17 REPLY to #15 Response in Opposition to Motion,, for Default of Arbitration, Motion for Breach of the Arbitration Agreement and Entry of Default Judgment, and Alternatively Motion for Entry of an Order to Show Cause Why the Court Should Not Enter a Default Judgment Based On Its Inherent Powers by Michael Cortes, Marjorie T Hollman, Brian Horowitz, Cameron N May, Lance Spikes. (Cullen, Catherine)
August 11, 2021 Opinion or Order Filing 16 REPLY to Response to Motion re #8 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, the Claims of Plaintiffs Brian Horowitz and Cameron N. May filed by Amanda Schumacher, Charles A Schumacher, Schumacher Auto Group Inc. (Levine, Daniel)
August 9, 2021 Opinion or Order Filing 15 RESPONSE in Opposition re #4 MOTION for Default Judgment MOTION for Order to Show Cause MOTION Motion for Default of Arbitration, Motion for Breach of the Arbitration Agreement and Entry of Default Judgment and Alternatively Motion for Entry of an Order to Show Cause Why the Court Should Not Enter A Default Judgment Based On Its Inherent filed by Amanda Schumacher, Charles A Schumacher, Schumacher Auto Group Inc. Replies due by 8/16/2021. (Attachments: #1 Exhibit A)(Levine, Daniel)
August 4, 2021 Opinion or Order Filing 14 RESPONSE to Motion re #8 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, the Claims of Plaintiffs Brian Horowitz and Cameron N. May filed by Brian Horowitz, Cameron N May. Replies due by 8/11/2021. (Attachments: #1 Exhibit Exh 1 - Arb. Scheduling Order #2, #2 Exhibit Exh. 2 - Decl. of Brian Horowitz, #3 Exhibit Exh. 3 - Decl. of Cameron N. May)(Cullen, Catherine)
July 29, 2021 Opinion or Order Filing 13 PAPERLESS ORDER granting #12 Defendants' Amended and Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Default of Arbitration, Motion for Breach of the Arbitration Agreement and Entry of Default Judgment, and Alternatively Motion for Entry of Order to Show Cause. Defendants shall file their response by August 9, 2021.Signed by Judge Rodney Smith on 7/29/2021. (cbn)
July 29, 2021 Opinion or Order Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #4 MOTION for Default Judgment MOTION for Order to Show Cause MOTION Motion for Default of Arbitration, Motion for Breach of the Arbitration Agreement and Entry of Default Judgment and Alternatively Motion for Entry of an Order to Show Cause Why the Court Should Not Enter A Default Judgment Based On Its Inherent by Amanda Schumacher, Charles A Schumacher, Schumacher Auto Group Inc. (Attachments: #1 Text of Proposed Order)(Levine, Daniel)
July 28, 2021 Opinion or Order Filing 11 PAPERLESS ORDER denying without prejudice #10 Defendants' Motion for Extension of Time. Defendants have failed to fully comply with Local Rule 7.1(a)(3), which requires counsel for the movant to make reasonable efforts to confer with all affected parties and identify with specificity the effort made, including date, time, and manner of such effort. Further, a single email sent the same day as a motion is filed does not constitute reasonable efforts. Signed by Judge Rodney Smith on 7/28/2021. (cbn)
July 28, 2021 Opinion or Order Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #4 MOTION for Default Judgment MOTION for Order to Show Cause MOTION Motion for Default of Arbitration, Motion for Breach of the Arbitration Agreement and Entry of Default Judgment and Alternatively Motion for Entry of an Order to Show Cause Why the Court Should Not Enter A Default Judgment Based On Its Inherent by Amanda Schumacher, Charles A Schumacher, Schumacher Auto Group Inc. (Attachments: #1 Text of Proposed Order)(Levine, Daniel)
July 27, 2021 Opinion or Order Filing 9 ANSWER and Affirmative Defenses to Complaint as to Plaintiffs, Lance Spikes, Marjorie T. Hollman, and Michael Cortes by Amanda Schumacher, Charles A Schumacher, Schumacher Auto Group Inc. (Levine, Daniel)
July 23, 2021 Opinion or Order Filing 8 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, the Claims of Plaintiffs Brian Horowitz and Cameron N. May by Amanda Schumacher, Charles A Schumacher, Schumacher Auto Group Inc. Attorney Daniel R. Levine added to party Amanda Schumacher(pty:dft), Attorney Daniel R. Levine added to party Charles A Schumacher(pty:dft), Attorney Daniel R. Levine added to party Schumacher Auto Group Inc(pty:dft). Responses due by 8/6/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Levine, Daniel)
July 20, 2021 Opinion or Order Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Cortes, Marjorie T Hollman, Brian Horowitz, Lance Spikes, Cameron N May. Charles A Schumacher served on 7/15/2021, answer due 8/5/2021. (Cullen, Catherine)
July 20, 2021 Opinion or Order Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Cortes, Marjorie T Hollman, Brian Horowitz, Lance Spikes, Cameron N May. Amanda Schumacher served on 7/15/2021, answer due 8/5/2021. (Cullen, Catherine)
July 20, 2021 Opinion or Order Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Cortes, Marjorie T Hollman, Brian Horowitz, Lance Spikes, Cameron N May. Schumacher Auto Group Inc served on 7/15/2021, answer due 8/5/2021. (Cullen, Catherine)
July 14, 2021 Opinion or Order Filing 4 MOTION for Default Judgment , MOTION for Order to Show Cause , MOTION Motion for Default of Arbitration, Motion for Breach of the Arbitration Agreement and Entry of Default Judgment and Alternatively Motion for Entry of an Order to Show Cause Why the Court Should Not Enter A Default Judgment Based On Its Inherent Powers re #1 Complaint,, by Michael Cortes, Marjorie T Hollman, Brian Horowitz, Cameron N May, Lance Spikes. (Attachments: #1 Exhibit Ex A - Spikes Arb Agreement, #2 Exhibit Ex B - Composite Arb Agreements, #3 Exhibit Ex C - Lemoine - email SOL, #4 Exhibit Ex D - Composite Amd RFAs, #5 Exhibit Ex E - JAMS Stip for Arbitration, #6 Exhibit Ex F - Amd. Commencement Packet, #7 Exhibit Ex G - Scheduling Order #1, #8 Exhibit Ex H - Scheduling Order #2, #9 Exhibit Ex I - Email from Levine 4 8 21, #10 Exhibit EX J - Scheduling Order #4, #11 Exhibit Ex K - JAMS Invoices - Fee Deposit, #12 Exhibit Ex L - Emerg. Motion Reduce Final Hrg, #13 Exhibit Ex M - JAMS emails ext to pay fees 4 16 21, #14 Exhibit Ex N - Notice of Canx Arb Hearing, #15 Exhibit Ex O - Email from Levine - 4 19 21, #16 Exhibit Ex P - Notice of Admin Stay Non Payment 5 24 21, #17 Exhibit Ex Q - Amd Notice of Closing File - 6 28 21, #18 Exhibit Ex R - Email from Jams - Unpaid Balance, #19 Exhibit Ex S - Stiffing the Arbitrators - Law Review Art.)(Cullen, Catherine)
July 13, 2021 Opinion or Order Filing 3 Summons Issued as to Amanda Schumacher, Charles A Schumacher, Schumacher Auto Group Inc. (kpe)
July 12, 2021 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (kpe)
July 12, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14838831, filed by Michael Cortes, Marjorie T Hollman, Brian Horowitz, Lance Spikes, Cameron N May. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons - Amanda Schumacher, #3 Summon(s) Summons - Charles Schumacher, #4 Summon(s) Summons - Schumacher Auto Group Inc, #5 Exhibit Ex 1 - Spikes Arb Agreement, #6 Exhibit Ex 2 - JAMS Invoices, #7 Exhibit Ex 3 - Notice of Canx of Arbitration, #8 Exhibit Ex 4 - Notice of Admin Stay Non Payment, #9 Exhibit Ex 5 - JAMS Closing File, #10 Exhibit Ex 6 - JAMS Outstanding Balance)(Cullen, Catherine)

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Plaintiff: Lance Spikes
Represented By: Catherine Ann Cullen
Represented By: Mark Aloysius Cullen
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Plaintiff: Marjorie T Hollman
Represented By: Catherine Ann Cullen
Represented By: Mark Aloysius Cullen
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Plaintiff: Michael Cortes
Represented By: Catherine Ann Cullen
Represented By: Mark Aloysius Cullen
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Plaintiff: Brian Horowitz
Represented By: Catherine Ann Cullen
Represented By: Mark Aloysius Cullen
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Plaintiff: Cameron N May
Represented By: Catherine Ann Cullen
Represented By: Mark Aloysius Cullen
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Defendant: Schumacher Auto Group Inc
Represented By: Daniel R. Levine
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Defendant: Charles A Schumacher
Represented By: Daniel R. Levine
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Defendant: Amanda Schumacher
Represented By: Daniel R. Levine
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