Crest Louisville, LLC v. Seaside Marine Survey, Inc. et al
Crest Louisville, LLC and Marco Scarda |
Seaside Marine Survey, Inc., Sadu R Frehm, Brad Freese and Bluewater Marine Sales, LLC |
9:2021cv82177 |
December 8, 2021 |
US District Court for the Southern District of Florida |
William Matthewman |
Donald M Middlebrooks |
Contract: Marine |
28 U.S.C. § 1333 |
None |
Docket Report
This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 24 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 2/4/2022. See attached document for full details. (lbc) |
Filing 23 PAPERLESS ORDER: THIS CAUSE is before the Court on the Order Referring Case to the undersigned upon the parties' consent #22 . Being fully advised in the premises, the Court hereby ORDERS that a status conference shall be held on February 22, 2022, at 2:30 p.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, using Meeting ID: 160 540 3826 and Passcode: 246129. All participants at the hearing are expected to appear by both audio and video. Counsel for the parties shall confer prior to the hearing and be prepared to discuss: (1) proposed changes to the existing pretrial schedule; (2) an estimate of the time required for trial; (3) proposed trial dates; (4) the status of the current litigation; and (5) any other matters which need to be addressed by the parties or the Court. Signed by Magistrate Judge William Matthewman on 2/22/2022. (no00) |
Filing 22 ORDER REFERRING CASE to Magistrate Judge William Matthewman for Trial. Judge Donald M. Middlebrooks no longer assigned as presider/referral judge(s) in case. Signed by Judge Donald M. Middlebrooks on 2/4/2022. See attached document for full details. (lbc) |
Filing 21 Notice of Entry of Parties Listed on #18 Amended Complaint/Amended Notice of Removal into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Marco Scarda and Marco Scarda.. Attorney John Hearring Wilbur, III added to party Marco Scarda(pty:pla). (Wilbur, John) |
Filing 20 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Crest Louisville, LLC (Wilbur, John) |
Filing 19 PAPERLESS ORDER denying as moot Defendant Bluewater Marine Sales LLC's Motion to Dismiss (DE #14 ) and Defendants Brad Freese and Seaside Marine Survey, Inc.s Motion to Dismiss (DE #15 ), in light of the filing of Plaintiff's First Amended Complaint (DE #18 ). Signed by Judge Donald M. Middlebrooks on 1/26/2022. (kal) |
Filing 18 First AMENDED COMPLAINT against All Defendants, filed by Crest Louisville, LLC. (Attachments: #1 Exhibit Exhibit A - Survey Contract, #2 Exhibit Exhibit B - Survey Agreement)(Wilbur, John) |
Filing 17 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Amended Pleadings due by 2/10/2022., Discovery due by 6/2/2022., Joinder of Parties due by 2/10/2022., In Limine Motions due by 6/16/2022., Dispositive Motions due by 6/16/2022., Motions due by 6/16/2022., Pretrial Stipulation due by 7/18/2022.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 1/24/2022. See attached document for full details. (amb) #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 16 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 1/24/2022. 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. Plaintiff's counsel advised that an Amended Complaint will be filed. Total time in court: 18 minutes. Attorney Appearance(s): John Hearring Wilbur, III, Chris Fertig, Gregory G. Olsen, Michelle Otero Valdes, Michael Rosen. (Digital 15:00:40) (kza) |
Filing 15 MOTION to Dismiss #1 Complaint, under Fed.R.Civ.P. 12(b)(6) and Incorporated Memorandum of Law by Brad Freese, Seaside Marine Survey, Inc.. Responses due by 2/3/2022 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Olsen, Gregory) |
Filing 14 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, and, MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 1/26/2022) by Bluewater Marine Sales, LLC. (Attachments: #1 Exhibit A)(Llamas, Luis) |
Filing 13 PAPERLESS ORDER granting #12 Motion for Extension of Time. Defendant Sadu R. Frehm seeks a 20-day extension of time to respond to the Complaint from January 11, 2022 until January 31, 2022. Defendant Frehm and Plaintiff were engaged in settlement discussions prior to the filing of the lawsuit and Defendant Frehm requests additional time to further explore the possibility of settlement. Further, counsel contracted COVID-19 while abroad which counsel represents has created a back-log due to an extended period out of the office. In light of the above, and Plaintiff's consent to the relief requested, the motion is granted. Defendant Frehm must respond to the Complaint on or by January 31, 2022. Signed by Judge Donald M. Middlebrooks on 1/11/2022. (kal) |
Filing 12 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #3 Summons Issued by Sadu R Frehm. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Valdes, Michelle) |
Filing 11 NOTICE of Attorney Appearance by Michelle Otero Valdes on behalf of Sadu R Frehm. Attorney Michelle Otero Valdes added to party Sadu R Frehm(pty:dft). (Valdes, Michelle) |
Filing 10 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 1/24/22 at 3:00 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 1/7/2022. (no00) |
Filing 9 PAPERLESS ORDER granting #8 Unopposed Motion for Extension of Time. Defendants Brad Freese ("Freese") and Seaside Marine Survey, Inc. ("Seaside") seek a 10-day extension of time to respond to the Complaint from January 10, 2022 until January 20, 2022. Counsel was retained on January 3, 2022, and the motion sets forth diligent efforts by Defendants Freese and Seaside to retain counsel prior to that date. Counsel thus represents that prior commitments to other clients prevent counsel from responding to the complaint in this action by the response date. Good cause having been shown, and in light of Plaintiff's consent to the relief requested, the motion is granted. Defendants Freese and Seaside must respond to the complaint on or by January 20, 2022. Signed by Judge Donald M. Middlebrooks on 1/6/2022. (kal) |
Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Brad Freese, Seaside Marine Survey, Inc.. Attorney Gregory G. Olsen added to party Brad Freese(pty:dft), Attorney Gregory G. Olsen added to party Seaside Marine Survey, Inc.(pty:dft). (Olsen, Gregory) |
Filing 7 PAPERLESS ORDER granting in part #5 Motion for Enlargement of Time. Defendant Bluewater Marine Sales, LLC ("Bluewater") requests a twenty-day extension of time to respond to the complaint from January 3, 2022 until January 24, 2022. In support, Bluewater represents that it needs additional time to prepare its motion to dismiss. Motions for extensions of time must set forth good cause supported by specific facts. Generalized references to counsel's preparation do not provide the court with sufficient information to discern whether good cause exists. Nevertheless, since the motion is unopposed, I will grant the requested relief in part. Accordingly, Defendant Bluewater must respond to the complaint on or by January 12, 2022. Signed by Judge Donald M. Middlebrooks on 1/4/2022. (kal) |
Filing 6 ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 8/10/2022 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 8/15/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 1/4/2022. See attached document for full details. (ls) |
Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Bluewater Marine Sales, LLC. Attorney Luis Emilio Llamas added to party Bluewater Marine Sales, LLC(pty:dft). (Attachments: #1 Text of Proposed Order)(Llamas, Luis) |
Filing 4 ACKNOWLEDGMENT OF SERVICE as to #1 Complaint, filed by Crest Louisville, LLC. (Attachments: #1 Exhibit Bluewater acceptance, #2 Affidavit Freese, #3 Affidavit Seaside, #4 Affidavit Frehm)(Wilbur, John) |
Filing 3 Summons Issued as to Bluewater Marine Sales, LLC, Brad Freese, Sadu R Frehm, Seaside Marine Survey, Inc.. (cds) |
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. (cds) |
Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15228985, filed by Crest Louisville, LLC as assignee of Marco Scarda. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Frehm, #3 Summon(s) Freese, #4 Summon(s) Bluewater Marine, #5 Summon(s) Seaside Marine)(Wilbur, John) |
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