Wilcox et al v. La Pensee Condominium Association, Inc. et al
| William David Wilcox, David Wilcox and Megan Danielle Luchey |
| David Wolff, La Pensee Condominium Association, Inc., Mary Mcfadden, MAC Residential Management Services, LLC and David Wolf |
| 9:2021cv81565 |
| September 3, 2021 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| Defendant |
Docket Report
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This docket was last retrieved on September 15, 2022. A more recent docket listing may be available from PACER.
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Filing 169
ORDER Dismissing Case / Closing Case. (With Prejudice) Signed by Judge Donald M. Middlebrooks on 9/14/2022. See attached document for full details. (caw)
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| Filing 168 NOTICE of Voluntary Dismissal Joint by William David Wilcox (Tygar, Neil) |
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Filing 167
PAPERLESS ORDER REGARDING NONCOMPLIANCE WITH DEADLINE. On August 29, 2022, pursuant to a Mediators Report (DE #164 ), I entered an Order requiring the Parties to file appropriate closing documents by September 5, 2022. (DE 165 ). To date, the Parties have failed to comply with my order and have not sought an extension. In the interest of efficiency, I will sua sponte extend this deadline to September 13, 2022 . The Parties are reminded that their pending settlement does not stay this litigation. The Parties are also cautioned that failure to comply with court orders may give rise to sanctions. Signed by Judge Donald M. Middlebrooks on 9/9/2022. (kal)
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| Filing 166 RESPONSE in Opposition re #154 Plaintiff's MOTION in Limine filed by MAC Residential Management Services, LLC, Mary Mcfadden. Replies due by 9/6/2022. (Israel, David) |
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Filing 165
PAPERLESS ORDER SETTING DEADLINE FOR FILING DISMISSAL DOCUMENTS. A Mediator's Report filed in the court docket indicates that the Parties have settled this case in full (DE #164 ), and the Court congratulates them on their amicable resolution of this matter. Consistent with the instructions set forth in the operative Pretrial Scheduling Order (DE #28 ), the Parties are directed to file a joint stipulation of dismissal within 10 days of settlement, which is on or before September 5, 2022. The Parties are advised that their settlement does not stay the case. Therefore, until closing documents are filed, this case will remain on the trial calendar and the court expects compliance with all pretrial deadlines, including the deadlines set forth in DE #163 . Signed by Judge Donald M. Middlebrooks on 8/29/2022. (kal)
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| Filing 164 FINAL MEDIATION REPORT by Karen Evans-Putney. Disposition: Settled in full.(Evans, Karen) |
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Filing 163
ORDER GRANTING IN PART and denying in part #151 Motion for Extension of Time. The motions deadline is extended until September 2, 2022, for Plaintiff only. Plaintiff's deadlines to respond to Defendants' pending motions ( #147 ; #148 ; #149 ; #152 ; and #153 ) are extended until September 9, 2022. Signed by Judge Donald M. Middlebrooks on 8/25/2022. See attached document for full details. (caw)
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Filing 162
ORDER STRIKING #157 Motion in Limine; STRIKING #158 Motion in Limine. Signed by Judge Donald M. Middlebrooks on 8/23/2022. See attached document for full details. (caw)
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| Filing 161 RESPONSE in Opposition re #151 Plaintiff's MOTION for Extension of Time Dispositive motion deadline, and response deadlines and compel production of file materials filed by La Pensee Condominium Association, Inc., MAC Residential Management Services, LLC, Mary Mcfadden, David Wolff. Replies due by 8/26/2022. (Israel, David) |
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Filing 160
PAPERLESS ORDER EXPEDITING BRIEFING re #151 Plaintiff's Motion for Extension of Time. The certificate of conferral indicates that Defendants oppose the relief sought in this motion. Given the posture of this case, and in order to resolve this issue without unnecessary delay, I find it necessary to expedite the briefing schedule on this motion. Accordingly, Defendants must respond on or by August 19, 2022. Plaintiff may file a reply on or by August 22, 2022. However, the Parties are advised that I will consider this motion ripe when Defendants respond, and I may rule without the need for a reply. Signed by Judge Donald M. Middlebrooks on 8/18/2022. (ifr)
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Filing 159
PAPERLESS ORDER denying as moot #146 Motion in Limine, in light of the filing of an identical motion in limine at DE #148 . Signed by Judge Donald M. Middlebrooks on 8/18/2022. (ifr)
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| Filing 158 MOTION in Limine To Exclude Evidence Related to Alleged Discrimination Based on Race by La Pensee Condominium Association, Inc., David Wolff. (Attachments: #1 Exhibit A)(Marchese, Andrew) |
| Filing 157 MOTION in Limine To Exclude Evidentiary Use of Audio Recording Illegally Recorded By Plaintiff David Wilcox by La Pensee Condominium Association, Inc., David Wolff. (Attachments: #1 Exhibit A)(Marchese, Andrew) |
| Filing 156 Statement of: Material Fact by La Pensee Condominium Association, Inc. re #153 Defendant's MOTION for Summary Judgment directed to Counts I and II of the Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Marchese, Andrew) |
| Filing 155 Statement of: Material Fact by David Wolff re #152 Defendant's MOTION for Summary Judgment directed to Counts I and II of Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Marchese, Andrew) |
| Filing 154 Plaintiff's MOTION in Limine by William David Wilcox. (Tygar, Neil) |
| Filing 153 Defendant's MOTION for Summary Judgment directed to Counts I and II of the Amended Complaint by La Pensee Condominium Association, Inc.. Responses due by 8/31/2022 (Marchese, Andrew) |
| Filing 152 Defendant's MOTION for Summary Judgment directed to Counts I and II of Amended Complaint by David Wolff. Responses due by 8/31/2022 (Marchese, Andrew) |
| Filing 151 Plaintiff's MOTION for Extension of Time Dispositive motion deadline, and response deadlines and compel production of file materials by William David Wilcox. Responses due by 8/31/2022 (Tygar, Neil) |
| Filing 150 NOTICE by MAC Residential Management Services, LLC, Mary Mcfadden re #147 Defendant's MOTION in Limine Alleged Racial Slur, #149 Defendant's MOTION for Summary Judgment , #148 Defendant's MOTION in Limine as to Ilegal Recording, Charges and DBPR (Attachments: #1 Supplement Luchey's Response to Defendants' Second RFP, #2 Supplement Wilcox's Responses to Defendants' Second RFP, #3 Deposition Transcript of Manzo 4-26-22, #4 Deposition Transcript of Manzo 6-22-22, #5 Deposition Exhibit 3 to Manzo Deposition, #6 Deposition Transcript of McFadden, #7 Deposition Exhibit 19 to McFadden Deposition, #8 Deposition Exhibit 23 to McFadden Deposition, #9 Deposition Exhibit 25 to McFadden Deposition, #10 Deposition Exhibit 27 to McFadden Deposition, #11 Deposition Exhibit 32 to McFadden Deposition, #12 Deposition Transcript of Davis, #13 Deposition Transcript of Gelber, #14 Deposition Transcript of Lepselter, #15 Deposition Transcript of Luchey, #16 Deposition Exhibit 1 to Luchey's Deposition, #17 Deposition Exhibit 6 to Luchey's Deposition, #18 Deposition Exhibit 7 to Luchey's Deposition, #19 Deposition Transcript of Wilcox 8-8-22, #20 Deposition Transcript of Wilcox 3-4-22) (Israel, David) |
| Filing 149 Defendant's MOTION for Summary Judgment by MAC Residential Management Services, LLC, Mary Mcfadden. Responses due by 8/31/2022 (Attachments: #1 Exhibit Statement of Undisputed Material Facts)(Israel, David) |
| Filing 148 Defendant's MOTION in Limine as to Ilegal Recording, Charges and DBPR by MAC Residential Management Services, LLC, Mary Mcfadden. (Attachments: #1 Affidavit Declaration)(Israel, David) |
| Filing 147 Defendant's MOTION in Limine Alleged Racial Slur by MAC Residential Management Services, LLC, Mary Mcfadden. (Israel, David) |
| Filing 146 Defendant's MOTION in Limine as to Ilegal Recording, Charges and DBPR by MAC Residential Management Services, LLC, Mary Mcfadden. (Israel, David) |
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Filing 145
ORDER granting in part #144 Plaintiff's Motion to Extend Trial Date. CALENDAR CALL set for 11/2/2022 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. JURY TRIAL set for 11/7/2022 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 8/12/2022. See attached document for full details. (caw)
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| Filing 144 Unopposed MOTION for Extension of Time Extend Trial Date re #100 Order on Motion for Extension of Time,, by William David Wilcox. Responses due by 8/25/2022 (Tygar, Neil) |
| Filing 143 NOTICE of Attorney Appearance by Neil Bryan Tygar on behalf of William David Wilcox. Attorney Neil Bryan Tygar added to party William David Wilcox(pty:pla). (Tygar, Neil) |
| Filing 142 CLERK'S NOTICE of Compliance re #141 ORDER FOLLOWING OMNIBUS ORDER. (Order mailed to William David Wilcox, Jr. at 4000 South Ocean Blvd., Apt 303, South Palm Beach, FL 3348. (jas) |
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Filing 141
ORDER FOLLOWING OMNIBUS ORDER denying as Moot #86 Defendant's MOTION to Compel to Answer Questions at Deposition. Signed by Magistrate Judge William Matthewman on 8/4/2022. See attached document for full details. (jas)
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Filing 140
Order Dismissing (With Prejudice) Plaintiff's Megan Danielle Luchey (an individual) Remaining Claims per #139 Notice of Settlement. Plaintiff Megan Danielle Luchey (an individual) terminated as a party in this matter. Signed by Judge Donald M. Middlebrooks on 8/2/2022. See attached document for full details. (caw)
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| Filing 139 NOTICE of Settlement Stipulation of Dismissal With Prejudice by Megan Danielle Luchey (Terrell, Kenneth) |
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Filing 138
PAPERLESS ORDER granting #137 Motion for Extension of Time to File Closing Documents. Plaintiff Megan Danielle Luchey seeks a two-day extension of time for Plaintiff Luchey and Defendants La Pensee Condominium Association, Inc. and David Wolff to file a joint stipulation of dismissal. Currently, this deadline is August 1, 2022. (DE 125 ). As Plaintiff Luchey represents that the Parties are working in good faith to execute their settlement, and given the limited nature of the extension sought, I find good cause to grant the motion. Accordingly, the deadline to file closing documents is August 3, 2022. Signed by Judge Donald M. Middlebrooks on 8/1/2022. (ifr)
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| Filing 137 MOTION for Settlement by Megan Danielle Luchey. Responses due by 8/15/2022 (Terrell, Kenneth) |
| Filing 136 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by David Wolff. (Marchese, Andrew) |
| Filing 135 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by La Pensee Condominium Association, Inc.. (Marchese, Andrew) |
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Filing 134
ORDER re #127 Opposition to Motions/Docket Entries #116 , #117 , #118 , #119 , filed by William David Wilcox Signed by Judge Donald M. Middlebrooks on 7/26/2022. See attached document for full details. (pes)
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| Filing 133 NOTICE of Compliance by MAC Residential Management Services, LLC, Mary Mcfadden re #129 Order on Motion to Compel,,,,,,,, Order on Motion for Order to Show Cause, (Israel, David) |
| Filing 132 Defendants ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by MAC Residential Management Services, LLC, Mary Mcfadden. (Israel, David) |
| Filing 131 Amended NOTICE of Mediation Hearing. Mediation Hearing set for 8/25/2022 at 10:00 a.m.. (Starks, Michael) |
| Filing 130 NOTICE of Mediation Hearing. Selected/Added Karen Evans-Putney, Esquire as Mediator. Mediation Hearing set for 8/25/2022 at 10:00 a.m.. (Starks, Michael) |
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Filing 129
OMNIBUS ORDER on Discovery-Related Motions, granting #85 Motion to Compel; granting in part and denying in part #86 Motion to Compel; granting in part and denying in part #87 Motion to Compel; granting in part and denying in part #88 Motion to Compel; denying #111 Motion for Order to Show Cause. Signed by Magistrate Judge William Matthewman on 7/25/2022. See attached document for full details. (pes)
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Filing 128
ORDER Dismissing One Plaintiff's Claims. Plaintiff Megan Danielle Luchey's claims against Defendants Mary McFadden and MAC Residential Management Services, LLC are DISMISSED WITH PREJUDICE. Plaintiff William David Wilcox's claims remain pending. Signed by Judge Donald M. Middlebrooks on 7/22/2022. See attached document for full details. (pes)
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| Filing 127 Opposition to #116 Notice, #118 Stipulation, #117 Notice of Adoption, #119 Stipulation by William David Wilcox. (Attachments: #1 Exhibit)(pes) |
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Filing 126
PAPERLESS ORDER granting in part #120 and #124 Motions for Extension of Time. Defendants seek an extension of their deadline to respond to the Amended Complaint. Defendants Mary McFadden and MAC Residential Management Services, LLC seek an extension until August 1, 2022 (DE #120 para. 4), and Defendants La Pensee Condominium Association, Inc. and David Wolf seek an extension until August 5, 2022, (DE #124 para. 4). In light of the recent activity in this case, I find good cause to grant the motions in part. Accordingly, Defendants' deadline to respond to the Amended Complaint (DE #94 ) is July 29, 2022. Signed by Judge Donald M. Middlebrooks on 7/22/2022. (ifr)
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Filing 125
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. Plaintiff Megan Danielle Luchey and Defendants La Pensee Condominium Association, Inc. and David Wolf (collectively, "Parties") filed a Stipulation of Intent to Settle Case notifying the Court that they have settled this matter (DE #118 ), and the Court congratulates them on reaching an amicable resolution of this case. The Parties shall file appropriate closing documents within 10 days, or no later than August 1, 2022. The Parties are advised that the Stipulation of Intent to Settle Case does not stay ongoing litigation, and until closing documents are filed, the Court will expect compliance with all pretrial deadlines. Signed by Judge Donald M. Middlebrooks on 7/22/2022. (ifr)
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| Filing 124 MOTION for Extension of Time to File Response/Reply/Answer as to #94 Amended Complaint/Amended Notice of Removal, by La Pensee Condominium Association, Inc., David Wolff. (Marchese, Andrew) |
| Filing 123 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Motion Hearing held on 7/22/2022 re Argument held on #85 Renewed MOTION to Compel Deposition of Plaintiff William David Wilcox, Jr. - the Court granted the motion, #86 Defendant's MOTION to Compel to Answer Questions at Deposition of Plaintiff Megan Luchey - the Court granted the motion in part and denied the motion as moot in part, #87 Defendant's MOTION to Compel Production of Psychological and Medical Records -the Court granted in part and denied in part the motion, #88 Defendant's MOTION to Compel Production of Exhibits from Todd Davis' April 26, 2022 Deposition and Documents Subpoenaed from the Department of Business and Professional Regulation, the Collier County Florida Sheriff's Office - the Court granted the motion in part, #111 Plaintiff's MOTION to Show Cause for the Cancellation Without Notice of Deposition for Key Fact Witness - the Court denied the motion. The Court will issue a written order. Total time in court: 1 hour(s) : 13 minutes. Attorney Appearance(s): Andrew James Marchese, Kenneth Clifford Terrell, Michael Darren Starks, Andrew Kemp-Gerstel, David Ben Israel, Eric Jon Israel. Other appearances: William David Wilcox, Jr, Megan Danielle Luchey. (Digital 11:38:02) (kza) |
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Filing 122
PAPERLESS ORDER: This matter is before the Court pursuant to: (1) Kenneth C. Terrell, Esq.'s "Motion for Leave to Appear on Behalf of Pro Se Plaintiff, Megan Luchey on a Limited Basis" ("Motion") [DE 121]; and (2) the Court's July 21, 2022 Paperless Order to Show Cause [DE 113], in which the Court directed Mr. Terrell to show cause as to why his limited appearance in this case should not be stricken. In light of Mr. Terrell's representations in the Motion, it is hereby ORDERED that the Paperless Order to Show Cause [DE 113] is DISCHARGED. Further, in light of the fact that Plaintiff Luchey's claims have been settled against certain Defendants, and in light of the representations that her claims against the remaining Defendants will also be resolved very soon, it is hereby ORDERED that Mr. Terrell's Motion [DE 121] is GRANTED IN PART and DENIED IN PART. Mr. Terrell's Motion is GRANTED to the extent that he seeks to appear on behalf of Plaintiff Megan Luchey on the limited basis of effecting and finalizing a settlement of all of Plaintiff Luchey's claims with all Defendants. To this end, Mr. Terrell shall be allowed to appear as counsel for Ms. Luchey on a limited basis in this case until August 12, 2022 while he handles settlement matters and resolves Ms. Luchey's case. However, Mr. Terrell's Motion is DENIED to the extent that he seeks to appear as counsel beyond that date. Should Mr. Terrell seek to stay on the case beyond that date, he must file the appropriate motion. Signed by Magistrate Judge William Matthewman on 7/22/2022. (cpe)
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| Filing 121 First MOTION for Leave to Appear Limited . Attorney/Representative: Kenneth C. Terrell by Megan Danielle Luchey. Responses due by 8/5/2022 (Terrell, Kenneth) |
| Filing 120 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #94 Amended Complaint/Amended Notice of Removal, by MAC Residential Management Services, LLC, Mary Mcfadden. (Israel, David) |
| Filing 119 STIPULATION of Dismissal With Prejudice by Megan Danielle Luchey (Terrell, Kenneth) |
| Filing 118 STIPULATION Of Intent To Settle Claims of Plaintiff Megan Luchey by La Pensee Condominium Association, Inc., David Wolff (Marchese, Andrew) |
| Filing 117 Notice of Adoption by La Pensee Condominium Association, Inc., David Wolff Related document: #86 Defendant's MOTION to Compel to Answer Questions at Deposition Plaintiff Megan Luchey filed by MAC Residential Management Services, LLC, Mary Mcfadden (Marchese, Andrew) |
| Filing 116 NOTICE of Joinder by La Pensee Condominium Association, Inc., David Wolff re #88 Defendant's MOTION to Compel Production of Exhibits from Todd Davis' April 26, 2022 Deposition and Documents Subpoenaed from the Department of Business and Professional Regulation, the Collier County Florida Sheriff's Office and the P Notice of Joinder (Marchese, Andrew) |
| Filing 115 RESPONSE in Opposition re #111 MOTION to Show Cause for the Cancellation Without Notice of Deposition for Key Fact Witness filed by MAC Residential Management Services, LLC, Mary Mcfadden. Replies due by 7/28/2022. (Attachments: #1 Exhibit Subpoena for Deposition, #2 Exhibit Notice of Deposition)(Israel, David) |
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Filing 114
PAPERLESS ORDER: This matter is before the Court sua sponte. In the Court's July 20, 2022 Paperless Order [DE 112], it directed Defendants Mary McFadden and MAC Residential Services, LLC to file a response to Plaintiff Wilcox's "Motion to Show Cause for the Cancellation without Notice of Deposition for Key Fact Witness" [DE 111] on or before noon today. Defendants have failed to comply. Accordingly, Defendants shall have until 5:00 p.m. today to file the response that was previously due at noon. The Court will not hesitate to impose sanctions for violations of this Court's orders. Signed by Magistrate Judge William Matthewman on 7/21/2022. (cpe)
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Filing 113
PAPERLESS ORDER TO SHOW CAUSE: The Court has reviewed the purported "limited" notice of appearance on behalf of Plaintiff Megan Danielle Luchey by attorney Kenneth C. Terrell, Esq. [DE 110], which states that he is appearing in this case "[t]o file Ms. Luchey's Response to Defendants' Motion to Compel Answers to Questions at Deposition of Megan Danielle Luchey" and "[t]o represent [Plaintiff Luchey] on the following issues throughout the proceedings: a. Negotiation of Settlement of all claims as to all defendants in this matter, and; b. Prepare and file all necessary pleadings to resolve Ms. Luchey's claims." [DE 110 at 1]. The Court notes that Mr. Terrell has not filed any motion seeking to handle this case piecemeal, nor has he cited any authority enabling him to do so. Accordingly, Plaintiff Luchey and attorney Kenneth C. Terrell shall forthwith show cause as to why this purported limited notice of appearance [DE 110] should not be stricken and shall submit any legal authority for the proposition that an attorney may pick and choose which portions of a civil case in which to represent a party in this district. As this matter is set for hearing tomorrow morning, the Court will further address this issue at that time. Signed by Magistrate Judge William Matthewman on 7/21/2022. (cpe)
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Filing 112
PAPERLESS ORDER: This matter is before the Court pursuant to Plaintiff William David Wilcox, Jr.'s ("Plaintiff") "Motion to Show Cause for the Cancellation without Notice of Deposition for Key Fact Witness" ("Motion") [DE 111]. Due to the July 22, 2022 hearing that is already set on several motions and the Court's upcoming schedule, the Court finds it necessary to expedite briefing. Defendants Mary McFadden and MAC Residential Management Services, LLC ("Defendants"), shall file a response to Plaintiff's Motion on or before noon on July 21, 2022. No reply shall be filed. The Court will then conduct a hearing on Plaintiff's Motion [DE 111] via Zoom video teleconference (VTC) on July 22, 2022, at 11:15 a.m. in the West Palm Beach Division before Magistrate Judge William Matthewman. To log in through ZoomGov Meeting, use Meeting ID: 161 476 5000 Passcode: 790441. The Court is cognizant that Plaintiff is currently proceeding pro se and has not consented to electronic service. Therefore, the parties shall make all reasonable effort (including via phone and email) to notify Plaintiff of this Paperless Order and that the Motion is set for the July 22, 2022 hearing alongside Defendants' four discovery motions. Signed by Magistrate Judge William Matthewman on 7/20/2022. (cpe)
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| Filing 111 MOTION to Show Cause for the Cancellation Without Notice of Deposition for Key Fact Witness by William David Wilcox. (Attachments: #1 Exhibit A)(jas) |
| Filing 110 NOTICE of Attorney Appearance by Kenneth Clifford Terrell on behalf of Megan Danielle Luchey (Terrell, Kenneth) |
| Filing 109 RESPONSE in Opposition re #86 Defendant's MOTION to Compel to Answer Questions at Deposition Plaintiff Megan Luchey filed by Megan Danielle Luchey. Replies due by 7/26/2022. (Terrell, Kenneth) |
| Filing 108 Defendant's REPLY to Response to Motion re #86 Defendant's MOTION to Compel to Answer Questions at Deposition Plaintiff Megan Luchey filed by MAC Residential Management Services, LLC, Mary Mcfadden. (Israel, David) |
| Filing 107 Clerk's Notice to Filer re #101 Response in Opposition to Motion. Document is unsigned. Please file a corrected document. Per Attorney Terrell - Attorney will file a Notice of Attorney Appearance on a limited basis. (sk) |
| Filing 106 Clerk's Notice to Filer re #103 Reply to Response to Motion,. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ebz) |
| Filing 105 Defendant's REPLY to Response to Motion re #85 Renewed MOTION to Compel Deposition of Plaintiff William David Wilcox, Jr. filed by MAC Residential Management Services, LLC, Mary Mcfadden. (Attachments: #1 Exhibit Notice of Taking Deposition)(Israel, David) |
| Filing 104 Defendant's REPLY to Response to Motion re #88 Defendant's MOTION to Compel Production of Exhibits from Todd Davis' April 26, 2022 Deposition and Documents Subpoenaed from the Department of Business and Professional Regulation, the Collier County Florida Sheriff's Office and the P filed by MAC Residential Management Services, LLC, Mary Mcfadden. (Starks, Michael) |
| Filing 103 Defendant's REPLY TO PLAINTIFFS' RESPONSE TO THE MAC DEFENDANTS' MOTION re #95 RESPONSE to Motion re #87 Defendant's MOTION to Compel Production of Psychological and Medical Records filed by MAC Residential Management Services, LLC, Mary Mcfadden. (Starks, Michael) Modified document link on 7/18/2022 (ebz). |
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Filing 102
ORDER SCHEDULING HEARING VIA ZOOM VIDEO TELECONFERENCE: re #85 Renewed MOTION to Compel Deposition of Plaintiff William David Wilcox, Jr., #86 Defendant's MOTION to Compel to Answer Questions at Deposition of Plaintiff Megan Luchey #87 Defendant's MOTION to Compel Production of Psychological and Medical Records and #88 Defendant's MOTION to Compel Production of Exhibits from Todd Davis' April 26, 2022 Deposition and Documents Subpoenaed from the Department of Business and Professional Regulation, the Collier County Florida Sheriff's Office and the P, Set/Reset Deadlines/Hearings as to #86 Defendant's MOTION to Compel to Answer Questions at Deposition of Plaintiff Megan Luchey. (Reply due by 7/20/2022., Motion Hearing via Zoom Video Teleconference set for 7/22/2022 at 11:15 AM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 7/18/2022. See attached document for full details. (kza)
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| Filing 101 RESPONSE in Opposition re #86 Defendant's MOTION to Compel to Answer Questions at Deposition Plaintiff Megan Luchey filed by Megan Danielle Luchey. Attorney Kenneth Clifford Terrell added to party Megan Danielle Luchey(pty:pla). Replies due by 7/22/2022. (Terrell, Kenneth) |
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Filing 100
ORDER granting in part #93 Motion for Extension of Time to Obtain New Counsel and Extend Trial Date by 90-days. Dispositive Motions due by 8/17/2022. Motions due by 8/17/2022. Joint Pretrial Stipulation due by 9/21/2022. Calendar Call set for 10/19/2022 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Trial set for 10/24/2022 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 7/13/2022. See attached document for full details. (pes)
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Filing 99
ORDER Scheduling Hearing Via Zoom Video Teleconference Re: #87 Defendant's MOTION to Compel Production of Psychological and Medical Records : Motion Hearing set for 7/22/2022 11:15 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 7/13/2022. See attached document for full details. (pes)
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| Filing 98 NOTICE by La Pensee Condominium Association, Inc., David Wolff re #93 MOTION for Extension of Time to Obtain New Counsel and Extend Trial Date by 90 Days Notice of non-objection with Plaintiffs' Motion (Marchese, Andrew) |
| Filing 97 RESPONSE to Motion re #85 Renewed MOTION to Compel Deposition of Plaintiff William David Wilcox, Jr. filed by William David Wilcox. Replies due by 7/19/2022. (pes) |
| Filing 96 RESPONSE to Motion re #88 Defendant's MOTION to Compel Production of Exhibits from Todd Davis' April 26, 2022 Deposition and Documents Subpoenaed from the Department of Business and Professional Regulation, the Collier County Florida Sheriff's Office and the Palm Beach County Sheriff's Office filed by Megan Danielle Luchey, William David Wilcox. Replies due by 7/19/2022. (pes) |
| Filing 95 RESPONSE to Motion re #87 Defendant's MOTION to Compel Production of Psychological and Medical Records filed by Megan Danielle Luchey, William David Wilcox. Replies due by 7/19/2022. (Attachments: #1 Exhibit)(pes) |
| Filing 94 FIRST AMENDED COMPLAINT against La Pensee Condominium Association, Inc., MAC Residential Management Services, LLC, Mary Mcfadden, David Wolff filed in response to Order Granting Motion for Leave, filed by William David Wilcox, Megan Danielle Luchey.(pes) |
| Filing 93 MOTION for Extension of Time to Obtain New Counsel and Extend Trial Date by 90 Days by Megan Danielle Luchey, William David Wilcox. Responses due by 7/25/2022. (scn) |
| Filing 92 Clerk's NOTICE of Compliance (copy of order mailed to plaintiff's) re #91 Order, Set/Reset Motion/R&R Deadlines and Hearings (mee) |
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Filing 91
ORDER DIRECTING PLAINTIFFS TO RESPOND TO DEFENDANTS MARY MCFADDEN AND MAC RESIDENTIAL MANAGEMENT SERVICES, LLCS FOUR DISCOVERY MOTIONS re #86 Defendant's MOTION to Compel to Answer Questions at Deposition Plaintiff Megan Luchey filed by MAC Residential Management Services, LLC, Mary Mcfadden, #88 Defendant's MOTION to Compel Production of Exhibits from Todd Davis' April 26, 2022 Deposition and Documents Subpoenaed from the Department of Business and Professional Regulation, the Collier County Florida Sheriff's Office and the P filed by MAC Residential Management Services, LLC, Mary Mcfadden, #85 Renewed MOTION to Compel Deposition of Plaintiff William David Wilcox, Jr. filed by MAC Residential Management Services, LLC, Mary Mcfadden, #87 Defendant's MOTION to Compel Production of Psychological and Medical Records filed by MAC Residential Management Services, LLC, Mary Mcfadden, Set/Reset Deadlines/Hearings as to #86 Defendant's MOTION to Compel to Answer Questions at Deposition Plaintiff Megan Luchey, #88 Defendant's MOTION to Compel Production of Exhibits from Todd Davis' April 26, 2022 Deposition and Documents Subpoenaed from the Department of Business and Professional Regulation, the Collier County Florida Sheriff's Office and the P, #85 Renewed MOTION to Compel Deposition of Plaintiff William David Wilcox, Jr., #87 Defendant's MOTION to Compel Production of Psychological and Medical Records .( Responses due by 7/15/2022, Replies due by 7/20/2022.) Signed by Magistrate Judge William Matthewman on 7/1/2022. See attached document for full details. (mee)
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Filing 90
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 7/1/2022. See attached document for full details. (mee)
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Filing 89
ORDER REFERRING all Current and Future Discovery Motions to Magistrate Judge William Matthewman filed in this matter. Signed by Judge Donald M. Middlebrooks on 7/1/2022. See attached document for full details. (pes)
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| Filing 88 Defendant's MOTION to Compel Production of Exhibits from Todd Davis' April 26, 2022 Deposition and Documents Subpoenaed from the Department of Business and Professional Regulation, the Collier County Florida Sheriff's Office and the Palm Beach County Sheriff's Office by MAC Residential Management Services, LLC, Mary Mcfadden. Responses due by 7/14/2022 (Starks, Michael) |
| Filing 87 Defendant's MOTION to Compel Production of Psychological and Medical Records by MAC Residential Management Services, LLC, Mary Mcfadden. Responses due by 7/14/2022 (Starks, Michael) |
| Filing 86 Defendant's MOTION to Compel to Answer Questions at Deposition Plaintiff Megan Luchey by MAC Residential Management Services, LLC, Mary Mcfadden. Responses due by 7/14/2022 (Attachments: #1 Transcripts Deposition Transcript)(Israel, David) |
| Filing 85 Renewed MOTION to Compel Deposition of Plaintiff William David Wilcox, Jr. by MAC Residential Management Services, LLC, Mary Mcfadden. Responses due by 7/14/2022 (Israel, David) |
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Filing 84
ORDER granting in part #82 Motion to Withdraw as Attorney. The Clerk shall TERMINATE Richard S. Lubiner, and the law firm Lubiner Law PLLC, as counsel for Plaintiffs. Amended Complaint due by 7/13/2022. Deadline to obtain new counsel 7/13/2022. Signed by Judge Donald M. Middlebrooks on 6/28/2022. See attached document for full details. (pes)
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| Attorney Richard S. Lubliner representing Wilcox, William David (Plaintiff) and Luchey, Megan Danielle (Plaintiff) terminated per DE #84 . (pes) |
| Filing 83 NOTICE by MAC Residential Management Services, LLC, Mary Mcfadden of Plaintiff's Failure to Comply with Court Order to Amend Complaint. Attorney Michael Darren Starks added to party Mary Mcfadden(pty:dft). (Starks, Michael) |
| Filing 82 MOTION to Withdraw as Attorney by Richard S. Lubliner for / by Megan Danielle Luchey, William David Wilcox. Responses due by 7/8/2022 (Lubliner, Richard) |
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Filing 81
ORDER Regarding Discovery and Related Deadlines. Signed by Judge Donald M. Middlebrooks on 6/22/2022. See attached document for full details. (pes)
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Filing 80
ORDER granting in part #76 Joint Motion for Entry of Agreed Confidentiality Order. Signed by Judge Donald M. Middlebrooks on 6/22/2022. See attached document for full details. (pes)
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Filing 79
ORDER denying without prejudice #78 Motion for Order to Show Cause. Signed by Judge Donald M. Middlebrooks on 6/22/2022. See attached document for full details. (pes)
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| Filing 78 Plaintiff's MOTION for Order to Show Cause by Megan Danielle Luchey, William David Wilcox. (Lubliner, Richard) |
| Filing 77 NOTICE OF WITHDRAWAL OF MOTION by Megan Danielle Luchey, William David Wilcox re #74 Plaintiff's MOTION for Discovery to Compel Deposition of Non-Party Laurie Marchel filed by Megan Danielle Luchey, William David Wilcox (Lubliner, Richard) |
| Filing 76 Joint MOTION for Confidentiality Order by MAC Residential Management Services, LLC, Mary Mcfadden. (Attachments: #1 Text of Proposed Order Proposed Confidentiality Order)(Israel, David) |
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Filing 75
ORDER granting in part #9 Motion to Dismiss for Failure to State a Claim; granting in part #10 Motion to Dismiss. ( Amended Complaint due by 6/27/2022.) Signed by Judge Donald M. Middlebrooks on 6/16/2022. See attached document for full details. (pes)
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| Filing 74 WITHDRAWN Plaintiff's MOTION for Discovery to Compel Deposition of Non-Party Laurie Marchel by Megan Danielle Luchey, William David Wilcox. Responses due by 6/30/2022 (Lubliner, Richard) Modified on 6/22/2022 per DE #77 Notice (kpe). |
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Filing 73
ORDER granting in part re #71 Motion to Continue. Calendar Call set for 9/20/2022 at 1:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 5/30/2022. See attached document for full details. (ail)
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Filing 72
ORDER denying #41 Motion to Stay or abstain Signed by Judge Donald M. Middlebrooks on 5/31/2022. See attached document for full details. (ail)
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| Filing 71 Unopposed MOTION to Continue Trial and Pretrial Conference re #69 Order on Motion to Continue, by Megan Danielle Luchey, William David Wilcox. Responses due by 6/9/2022 (Lubliner, Richard) |
| Filing 70 NOTICE OF WITHDRAWAL OF MOTION by David Wolff re #62 MOTION to Compel Discovery responses filed by David Wolff (Marchese, Andrew) |
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Filing 69
ORDER granting in part #58 Motion to Continue; granting in part #68 Motion to Continue. Signed by Judge Donald M. Middlebrooks on 5/25/2022. See attached document for full details. (ail)
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| Set/Reset Deadlines/Hearings: Discovery due by 6/30/2022. Dispositive Motions due by 7/20/2022. Motions due by 7/20/2022. Pretrial Stipulation due by 8/24/2022. Calendar Call set for 9/21/2022 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Jury Trial set for 9/26/2022 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. SEE DE #69 ORDER (ail) |
| Filing 68 Joint MOTION to Continue Trial and Related Deadlines by Megan Danielle Luchey, William David Wilcox. Responses due by 6/6/2022 (Lubliner, Richard) |
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Filing 67
PAPERLESS ORDER DENYING WITHOUT PREJUDICE #64 Motion to Compel. The motion is facially deficient for failure to confer in accordance Local Rule 7.1(a)(3). Plaintiffs may refile this motion only after meaningful conferral. The motion indicates that Defendants David Wolf and La Pensee Condominium Association, Inc. ("Defendants") have yet to provide a firm deposition date and have agreed to be deposed in "mid-June," despite that discovery closed on May 19, 2022 and all motions, including dispositive motions, are due by June 2, 2022. Defendants are reminded of their obligation to participate in the discovery process in good faith, which includes making themselves available for deposition within the deadlines set forth in the scheduling order. Should the Parties reach an agreeable date for the depositions, any party may move the court for an extension of the discovery deadline for the limited purpose of conducting those depositions. Signed by Judge Donald M. Middlebrooks on 5/23/2022. (kal)
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Filing 66
PAPERLESS ORDER DENYING WITHOUT PREJUDICE #63 Motion to Compel. Defendants Mary McFadden and MAC Residential Management Services, LLC ("Defendants") filed a motion to compel Plaintiff David Wilcox's deposition. Based on the representations in the motion, it appears that Mr. Wilcox intends to be deposed but underwent a surgery that prevented his deposition from proceeding on the scheduled date. The Parties are hereby directed to confer and reach an agreeable date for Mr. Wilcox's deposition. Thereafter any party may move for an extension of the discovery deadline for the limited purpose of conducting Mr. Wilcox's deposition. Signed by Judge Donald M. Middlebrooks on 5/23/2022. (kal)
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Filing 65
PAPERLESS ORDER EXPEDITING BRIEFING re Docket Entry #62 . Defendant David Wolf filed a motion to compel Plaintiffs' responses to outstanding discovery requests. The motion indicates that during conferral, Plaintiffs' counsel relayed that Plaintiffs' responses would be served by May 25, 2022. Given that such date falls after the May 19, 2022 close of discovery deadline, Mr. Wolf filed this motion out of an abundance of caution. Given the posture of this case, I find it necessary to expedite the briefing schedule on this motion. Plaintiffs shall respond on or by May 26, 2022. In the event that Plaintiffs provide the responses at issue in this motion prior to that date, Mr. Wolf shall promptly withdraw his motion. Signed by Judge Donald M. Middlebrooks on 5/23/2022. (kal)
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| Filing 64 Plaintiff's MOTION to Compel the Depositions of Defendants, David Wolf, and La Pensee Condominium Association, Inc., and Rule 26(a)(1) Disclosure Documents by Megan Danielle Luchey, William David Wilcox. Responses due by 6/2/2022 (Lubliner, Richard) |
| Filing 63 Defendant's MOTION to Compel Deposition of Plaintiff William David Wilcox, Jr. by MAC Residential Management Services, LLC, Mary Mcfadden. Responses due by 6/2/2022 (Attachments: #1 Exhibit Notice of Taking Deposition, #2 Exhibit Email)(Israel, David) |
| Filing 62 **WITHDRAWN** MOTION to Compel Discovery responses by David Wolff. Responses due by 6/2/2022 (Attachments: #1 Exhibit Interrogatories to Wilcox, #2 Exhibit Interrogatories to Luchey, #3 Exhibit Request to Produce to Wilcox, #4 Exhibit Request to Produce to Luchey)(Marchese, Andrew) Text Modified on 5/27/2022 per DE #70 Notice(ail). |
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Filing 61
ORDER granting in part re #39 Motion for Protective Order. All requests for sanctions are DENIED. Signed by Judge Donald M. Middlebrooks on 5/17/2022. See attached document for full details. (ail)
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Filing 60
ORDER DEFERRING RULING ON THE JOINT MOTION TO CONTINUE TRIALAND EXTEND ALL PRETRIAL DEADLINES BY 90 DAYS re #58 Motion to Continue. On or by May 23, 2022, the Parties SHALL FILE a supplement to the Motion in accordance with the instructions set forth in this Order. Signed by Judge Donald M. Middlebrooks on 5/11/2022. See attached document for full details. (ail)
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| Filing 59 Defendant's REPLY to Response to Motion re #41 Defendant's MOTION to Stay or abstain filed by La Pensee Condominium Association, Inc., David Wolff. (Marchese, Andrew) |
| Filing 58 Joint MOTION to Continue Trial and Extend All Pretrial Deadlines by 90 Days by Megan Danielle Luchey, William David Wilcox. Responses due by 5/23/2022 (Lubliner, Richard) |
| Filing 57 RESPONSE in Support re #39 Defendant's MOTION for Protective Order as to the Deposition of Trial Counsel and for Sanctions filed by La Pensee Condominium Association, Inc.. (Attachments: #1 Exhibit A)(Markow, Kevin) |
| Filing 56 RESPONSE in Opposition re #41 Defendant's MOTION to Stay or abstain filed by Megan Danielle Luchey, William David Wilcox. Replies due by 5/12/2022. (Attachments: #1 Exhibit A)(Lubliner, Richard) |
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Filing 55
PAPERLESS ORDER granting #53 Motion For Extension of Time. Defendant La Pensee Condominium Association and Non-party JoAnn Nesta Burnett seek an unopposed extension of time to file a reply in support of their Motion for Protective Order (DE #39 ), from May 3, 2022 until May 6, 2022. Good cause having been shown, the motion is granted. The movants must file their reply on or by May 6, 2022. Signed by Judge Donald M. Middlebrooks on 5/4/2022. (kal)
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| Filing 54 NOTICE by La Pensee Condominium Association, Inc. of Filing Exhibit A (Attachments: #1 Exhibit A) (Markow, Kevin) |
| Filing 53 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #39 Defendant's MOTION for Protective Order as to the Deposition of Trial Counsel and for Sanctions by La Pensee Condominium Association, Inc.. (Marchese, Andrew) |
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Filing 52
PAPERLESS ORDER REQUIRING EXHIBIT re #39 . Defendant La Pensee Condominium Association and Non-party JoAnn Nesta Burnett's Motion for Protective Order indicates that the Subpoena Duces Tecum is attached as Exhibit A. (See DE 39 at para. 23). However, no exhibits are attached. Therefore, by May 4, 2022, the movants shall file the Subpoena Duces Tecum in the court record. Signed by Judge Donald M. Middlebrooks on 5/3/2022. (kal)
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| Filing 51 NOTICE OF FILING CORRECTED EXHIBIT "H" by Megan Danielle Luchey, William David Wilcox re #47 Response in Opposition to Motion, (Attachments: #1 Exhibit H) (Lubliner, Richard) Text Modified on 5/4/2022 (ail). |
| Filing 50 NOTICE of Striking #48 Notice (Other) filed by Megan Danielle Luchey, William David Wilcox by Megan Danielle Luchey, William David Wilcox (Attachments: #1 Exhibit H) (Lubliner, Richard) |
| Filing 49 Clerks Notice to Filer re #48 Notice (Other). Document and Case Style Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document with the correct case style and case number in the appropriate case. (ail) |
| Filing 48 **STRICKEN**NOTICE by Megan Danielle Luchey, William David Wilcox re #47 Response in Opposition to Motion, (Attachments: #1 Exhibit H) (Lubliner, Richard)Text Modified on 5/4/2022 per DE #50 Notice(ail). |
| Filing 47 RESPONSE in Opposition re #39 Defendant's MOTION for Protective Order as to the Deposition of Trial Counsel and for Sanctions filed by Megan Danielle Luchey, William David Wilcox. Replies due by 5/9/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Lubliner, Richard) |
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Filing 46
PAPERLESS ORDER granting #43 Plaintiffs' Motion for Extension of Time. Plaintiffs seek an extension of time to respond to the Motion for Protective Order #41 from April 29, 2022 until May 2, 2022 (DE #43 ), which is unopposed. (Id.; DE #44 ; DE #45 ). The motion is granted, Plaintiff shall respond to the Motion to Compel by May 2, 2022. Signed by Judge Donald M. Middlebrooks on 4/29/2022. (kal)
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| Filing 45 NOTICE by Megan Danielle Luchey, William David Wilcox re #43 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #39 Defendant's MOTION for Protective Order as to the Deposition of Trial Counsel and for Sanctions (Lubliner, Richard) |
| Filing 44 NOTICE by Megan Danielle Luchey, William David Wilcox re #43 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #39 Defendant's MOTION for Protective Order as to the Deposition of Trial Counsel and for Sanctions (Lubliner, Richard) |
| Filing 43 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #39 Defendant's MOTION for Protective Order as to the Deposition of Trial Counsel and for Sanctions by Megan Danielle Luchey, William David Wilcox. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lubliner, Richard) |
| Filing 42 NOTICE by MAC Residential Management Services, LLC, Mary Mcfadden re #41 Defendant's MOTION to Stay or abstain (Israel, David) |
| Filing 41 Defendant's MOTION to Stay or abstain by La Pensee Condominium Association, Inc., David Wolff. Responses due by 5/5/2022 (Attachments: #1 Exhibit Exhibit 1 - Circuit Court docket, #2 Exhibit Exhibit 2 - Second Amended Complaint, #3 Exhibit Exhibit 3 - Third Party Complaint, #4 Exhibit Exhibit 4 - Counterclaim)(Marchese, Andrew) |
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Filing 40
PAPERLESS ORDER EXPEDITING BRIEFING re #39 Defendant La Pensee Condominium Association's Motion for Protective Order. In the interest of resolving this issue without unnecessary delay, I will expedite the briefing schedule on this motion. Therefore, Plaintiffs shall file a response to the Motion for Protective Order no later than April 29, 2022. If Defendant La Pensee Condominium Association wishes to reply in support of its Motion it may do so by May 3, 2022, however Defendant is advised that I will consider the Motion ripe when Plaintiffs respond, and I may be inclined to rule without need of a reply. Signed by Judge Donald M. Middlebrooks on 4/21/2022. (kal)
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| Filing 39 Defendant's MOTION for Protective Order as to the Deposition of Trial Counsel and for Sanctions by La Pensee Condominium Association, Inc.. Attorney Kevin Markow added to party La Pensee Condominium Association, Inc.(pty:dft). (Markow, Kevin) |
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Filing 38
PAPERLESS ORDER granting #37 Motion for Extension of Time to Disclose Experts. Defendants seek an unopposed ten-day extension of their March 24, 2022 expert disclosure deadline, in light of certain delays in obtaining discovery necessary to make the expert disclosures. Good cause having been shown, the Motion is granted. Defendants shall make their expert disclosures on or by April 4, 2022. Signed by Judge Donald M. Middlebrooks on 3/25/2022. (kal)
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| Filing 37 Defendant's MOTION for Extension of Time to Disclose Experts re #28 Scheduling Order,,,, Order Referring Case to Mediation,,, by MAC Residential Management Services, LLC, Mary Mcfadden. Responses due by 4/7/2022 (Israel, David) |
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Filing 36
ORDER ON MOTION TO COMPEL. ORDER denying #34 Motion to Compel. Signed by Judge Donald M. Middlebrooks on 3/17/2022. See attached document for full details. (amb)
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| Filing 35 RESPONSE in Opposition re #34 Plaintiff's MOTION to Compel Defendants' Rule 26(A)(1) Disclosures filed by La Pensee Condominium Association, Inc., David Wolff. Replies due by 3/17/2022. (Marchese, Andrew) |
| Filing 34 Plaintiff's MOTION to Compel Defendants' Rule 26(A)(1) Disclosures by Megan Danielle Luchey, William David Wilcox. Responses due by 3/10/2022 (Attachments: #1 Exhibit A)(Lubliner, Richard) |
| Filing 33 NOTICE of Attorney Appearance by Andrew Kemp-Gerstel on behalf of MAC Residential Management Services, LLC. Attorney Andrew Kemp-Gerstel added to party MAC Residential Management Services, LLC(pty:dft). (Kemp-Gerstel, Andrew) |
| Filing 32 NOTICE of Attorney Appearance by Michael Darren Starks on behalf of MAC Residential Management Services, LLC. Attorney Michael Darren Starks added to party MAC Residential Management Services, LLC(pty:dft). (Starks, Michael) |
| Filing 31 Initial Disclosure(s) of Joint Discovery Plan by MAC Residential Management Services, LLC, Mary Mcfadden (Israel, David) |
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Filing 30
ORDER granting in part #29 Unopposed Motion to Extend Deadline for Joinder of Additional Parties, to Amend Pleadings, and to File Discovery Plan. The deadline to file a joint discovery plan is February 4, 2022. Signed by Judge Donald M. Middlebrooks on 1/31/2022. See attached document for full details. (drz)
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| Filing 29 Unopposed MOTION for Extension of Time for Joinder of Additional Parties, to Amend Pleadings, and to File Discovery Plan re #28 Scheduling Order,,,, Order Referring Case to Mediation,,, by Megan Danielle Luchey, William David Wilcox. Responses due by 2/9/2022 (Lubliner, Richard) |
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Filing 28
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 1/27/2022., Discovery due by 5/19/2022., Joinder of Parties due by 1/27/2022., In Limine Motions due by 6/2/2022., Dispositive Motions due by 6/2/2022., Motions due by 6/2/2022., Pretrial Stipulation due by 7/4/2022., Jury Trial set for 8/1/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 7/27/2022 01:15 AM before Judge Donald M. Middlebrooks.)and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 1/14/2022. See attached document for full details. (drz) #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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| Set/Reset Deadlines/Hearings per Order DE#28 . **TIME CHANGE ONLY** Calendar Call set for 7/27/2022 01:15 PM before Judge Donald M. Middlebrooks. (drz) |
| Filing 27 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 1/13/2022. The Court discussed setting a trial date, pretrial deadlines, consent to magistrate judge jurisdiction, and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 14 minutes. Attorney Appearance(s): Richard S. Lubliner, Andrew James Marchese, David Ben Israel. (Digital 16:04:43) (kza) |
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Filing 26
PAPERLESS ORDER: Scheduling Conference RESET for 1/13/2022 04:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. **TIME CHANGE ONLY** Signed by Magistrate Judge William Matthewman on 1/12/2022. (jb02)
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| Filing 25 REPLY to Response to Motion re #9 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by MAC Residential Management Services, LLC, Mary Mcfadden. (Israel, David) |
| Filing 24 REPLY to Response to Motion re #10 Defendant's MOTION to Dismiss with Prejudice #1 Complaint,, filed by La Pensee Condominium Association, Inc.. (Marchese, Andrew) |
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Filing 23
PAPERLESS ORDER SETTING SECOND SCHEDULING CONFERENCE: Per DE 22, a Second Scheduling Conference is hereby set for 1/13/2022 at 2:30 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Signed by Magistrate Judge William Matthewman on 11/23/2021. (jb02)
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Filing 22
ORDER granting #19 Motion to Continue. Signed by Judge Donald M. Middlebrooks on 11/23/2021. See attached document for full details. (pcs)
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| Filing 21 RESPONSE to Motion re #9 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by Megan Danielle Luchey, William David Wilcox. Replies due by 11/29/2021. (Lubliner, Richard) |
| Filing 20 RESPONSE to Motion re #10 Defendant's MOTION to Dismiss with Prejudice #1 Complaint,, filed by Megan Danielle Luchey, William David Wilcox. Replies due by 11/29/2021. (Lubliner, Richard) |
| Filing 19 Unopposed MOTION to Continue Trial and Extend All Pretrial Deadlines by Megan Danielle Luchey, William David Wilcox. Responses due by 12/3/2021 (Lubliner, Richard) |
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Filing 18
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 11/4/2021., Discovery due by 2/24/2022., Joinder of Parties due by 11/4/2021., In Limine Motions due by 3/10/2022., Dispositive Motions due by 3/10/2022., Motions due by 3/10/2022., Pretrial Stipulation due by 4/11/2022., Jury Trial set for 5/9/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 5/4/2022 01:15 PM before Judge Donald M. Middlebrooks.) and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 11/10/2021. See attached document for full details. (drz) #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. Modified on 11/10/2021 (drz).
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| Filing 17 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/10/2021. The Court discussed the trial date, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 18 minutes. Attorney Appearance(s): Richard S. Lubliner, Andrew James Marchese, David Ben Israel. (Digital 14:01:51) (kza) |
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Filing 16
PAPERLESS ORDER granting #15 Motion for Extension of Time. Plaintiffs seek a 14-day extension of time to respond to the Defendants' two separate Motions to Dismiss (DE #9 and DE #10 ). Plaintiffs cite certain personal circumstances affecting Plaintiffs' counsel. Defendants do not oppose the motion. Accordingly, I find good cause to grant the requested relief. Plaintiffs shall respond to Defendants' Motions to Dismiss on or by November 19, 2021. Signed by Judge Donald M. Middlebrooks on 11/5/2021. (kal)
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| Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM , #10 Defendant's MOTION to Dismiss with Prejudice #1 Complaint,, by Megan Danielle Luchey, William David Wilcox. (Lubliner, Richard) |
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Filing 14
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/10/2021 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed prior to the scheduling conference. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 11/1/2021. (jb02)
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Filing 13
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 5/9/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 5/4/2022 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/21/2021. See attached document for full details. (drz) #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 12
PAPERLESS ORDER granting #11 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs seek a two-week extension to respond to the two pending motions to dismiss, citing medical issues of Plaintiffs' counsel. The motion is unopposed. I find good cause to grant the requested relief. Accordingly, Plaintiffs shall respond to Defendants' motions to dismiss (DE #9 and DE #10 ) on or by November 5, 2021. Signed by Judge Donald M. Middlebrooks on 10/19/2021. (kal)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #9 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM , #10 Defendant's MOTION to Dismiss with Prejudice #1 Complaint,, by Megan Danielle Luchey, William David Wilcox. (Lubliner, Richard) |
| Filing 10 Defendant's MOTION to Dismiss with Prejudice #1 Complaint,, by La Pensee Condominium Association, Inc.. Responses due by 10/22/2021 (Marchese, Andrew) |
| Filing 9 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by MAC Residential Management Services, LLC, Mary Mcfadden. Attorney Eric Jon Israel added to party MAC Residential Management Services, LLC(pty:dft), Attorney Eric Jon Israel added to party Mary Mcfadden(pty:dft). Responses due by 10/22/2021 (Israel, Eric) |
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Filing 8
PAPERLESS ORDER granting in part (DE #5 ) Defendants' Unopposed Motion for Extension of Time. Defendant Mary McFadden and Defendant MAC Residential Services LLC each seek an extension of their deadlines to respond to the Complaint until October 15, 2021. Based on the dates Defendants say they were served, Defendants' responses are due on September 27, 2021. In support of the extensions, Defendants state that counsel was recently retained and is investigating the claims in the complaint. Motions for extension of time must establish good cause supported by specific facts. Defendants' generalized references to their preparation fall short of the good cause standard. Notwithstanding, because the Motion is unopposed, I will grant the motion in part. Accordingly Defendant Mary McFadden and Defendant MAC Residential Services LLC shall respond to the Complaint on or by October 8, 2021. Signed by Judge Donald M. Middlebrooks on 9/27/2021. (kal)
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Filing 7
PAPERLESS ORDER granting in part (DE #4 ) Defendants' Unopposed Motion for Extension of Time. Defendant La Pensee Condominium Association and Defendant David Wolf each seek an extension of their deadlines to respond to the Complaint until October 15, 2021. Based on the dates Defendants say they were served, it appears that Defendant La Pensee Condominium Association's response is due September 25, and Defendant Wolf's response is due October 1. Defendants are represented by the same counsel. In support of the extensions, Defendants state that they are evaluating the law and the documents provided by Plaintiff and discussing appropriate responses. Motions for extension of time must establish good cause supported by specific facts. Defendants' generalized references to their preparation fall short of the good cause standard. Notwithstanding, because the Motion is unopposed, and in the interest of establishing a unified filing deadline for both these defendants, I will grant the motion in part. Accordingly, Defendant La Pensee Condominium Association and Defendant Wolf shall respond to the Complaint on or by October 8, 2021. Signed by Judge Donald M. Middlebrooks on 9/24/2021. (kal)
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| Filing 6 NOTICE by MAC Residential Management Services, LLC, Mary Mcfadden Appearance (Israel, David) |
| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by MAC Residential Management Services, LLC, Mary Mcfadden. Attorney David Ben Israel added to party MAC Residential Management Services, LLC(pty:dft), Attorney David Ben Israel added to party Mary Mcfadden(pty:dft). (Israel, David) |
| Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by La Pensee Condominium Association, Inc., David Wolff. Attorney Andrew James Marchese added to party La Pensee Condominium Association, Inc.(pty:dft), Attorney Andrew James Marchese added to party David Wolff(pty:dft). (Attachments: #1 Text of Proposed Order)(Marchese, Andrew) |
| Filing 3 Summons Issued as to La Pensee Condominium Association, Inc., MAC Residential Management Services, LLC, Mary Mcfadden, David Wolff. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (drz) |
| Filing 1 COMPLAINT against La Pensee Condominium Association, Inc., MAC Residential Management Services, LLC, Mary Mcfadden, David Wolff. Filing fees $ 402.00 receipt number AFLSDC-14983494, filed by William David Wilcox, Megan Danielle Luchey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Civil Cover Sheet, #20 Summon(s), #21 Summon(s), #22 Summon(s), #23 Summon(s))(Lubliner, Richard) |
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