KAUFMAN LYNN CONSTRUCTION, INC. v. Proton Builders, LLC et al
| KAUFMAN LYNN CONSTRUCTION, INC. |
| Proton Builders, LLC, Andreas Poschl, Pablo De Sales, Mauricio Herrera, Andreina De Sales, Yanissey Solivera and Maria Andreina Granadillo |
| 9:2021cv82544 |
| December 27, 2021 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2022. A more recent docket listing may be available from PACER.
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| Filing 27 TRANSCRIPT of Motions Hearing held on 3/16/22 before Judge Aileen M. Cannon, 1-168 pages, Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/9/2022. Redacted Transcript Deadline set for 5/19/2022. Release of Transcript Restriction set for 7/18/2022. (dmr) |
Filing 26
ORDER denying #4 Expedited Motion for Preliminary Injunction and Temporary Restraining Order; granting #8 Motion to Dismiss for Failure to State a Claim. Closing Case. Signed by Judge Aileen M. Cannon on 3/28/2022. See attached document for full details. (pes)
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| SYSTEM ENTRY - Docket Entry 25 [misc] restricted/sealed until further notice. (1012320) |
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Filing 24
ORDER granting #23 Motion to Seal. Plaintiff may file the exhibit referenced therein ECF No. #19 -5 under seal. Signed by Judge Aileen M. Cannon on 3/21/2022. See attached document for full details. (kpe)
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| Filing 23 Agreed MOTION to Seal Evidentiary Hearing Exhibit "6" designated as D.E. 19-5 per Local Rule 5.4 by KAUFMAN LYNN CONSTRUCTION, INC.. (Attachments: #1 Text of Proposed Order) (Hernandez, Ariadna) |
| Filing 22 CLERK'S NOTICE of Compliance re 20 Order. Docket entry #19 -6 restricted per order. (pes) |
| Filing 21 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Evidentiary Hearing held on March 16, 2022. The Court heard arguments from the parties on Plaintiff's #4 Motion for Preliminary Injunction and Temporary Injunction and Defendant's #8 Motion to Dismiss. Witnesses Jorge Florez, Frank White, and Adreina De Sales testified. Each of the exhibits attached at #18 and #19 were admitted without objection for purposes of the hearing. Plaintiff is hereby granted leave to file under seal Plaintiff's [19-5] Exhibit E (Cost Management Log) as a separate exhibit on the docket. Order to follow. Total time in court: 245 minutes. Attorney Appearances: David Matthew Goebo, II and Ariadna Hernandez (Counsel for Plaintiff) and Mariela Melissa Malfeld (Counsel for Defendants). Court Reporter: Diane Miller, 561-514-3728 / Diane_Miller@flsd.uscourts.gov. (ad) |
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Filing 20
PAPERLESS ORDER: The Clerk of Court is directed to restrict from public view the exhibit at [19-6]. Signed by Judge Aileen M. Cannon on 3/16/2022. (ad)
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| Filing 19 Exhibit List and Notice of Filing by KAUFMAN LYNN CONSTRUCTION, INC... (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)(Gobeo, David) |
| Filing 18 Exhibit List and Exhibits by Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera.. (Malfeld, Mariela) |
| Filing 17 Notice of Supplemental Authority re #11 Response in Opposition to Motion, by Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera (Malfeld, Mariela) |
| Filing 16 REPLY to #14 Response in Opposition to Motion, #8 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM by Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera. (Attachments: #1 Exhibit)(Malfeld, Mariela) |
| Filing 15 Plaintiff's REPLY to Response to Motion re #4 Plaintiff's EXPEDITED MOTION for Preliminary Injunction and Temporary Restraining Order filed by KAUFMAN LYNN CONSTRUCTION, INC.. (Gobeo, David) |
| Filing 14 RESPONSE in Opposition re #8 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM filed by KAUFMAN LYNN CONSTRUCTION, INC.. Attorney Ariadna Hernandez added to party KAUFMAN LYNN CONSTRUCTION, INC.(pty:pla). Replies due by 2/7/2022. (Hernandez, Ariadna) |
| Filing 13 PAPERLESS NOTICE of Hearing: re #8 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM , #4 Plaintiff's EXPEDITED MOTION for Preliminary Injunction and Temporary Restraining Order Motion Hearing set for 3/16/2022 10:00 AM in Fort Pierce Division before Judge Aileen M. Cannon via the Zoom platform. The Zoom link and information will be emailed to the parties of record. (tgs) |
| Filing 12 NOTICE Of Filing Affidavit In Support Of Opposition To Plaintiff's Motion For by Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera re #4 Plaintiff's EXPEDITED MOTION for Preliminary Injunction and Temporary Restraining Order , #11 Response in Opposition to Motion, (Attachments: #1 Affidavit) (Malfeld, Mariela) |
| Filing 11 RESPONSE in Opposition re #4 Plaintiff's EXPEDITED MOTION for Preliminary Injunction and Temporary Restraining Order filed by Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera. Replies due by 2/2/2022. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit)(Malfeld, Mariela) |
| Filing 10 Plaintiff's RESPONSE to #9 Notice (Other), Request for Cancellation of Hearing by KAUFMAN LYNN CONSTRUCTION, INC.. (Gobeo, David) |
| Filing 9 NOTICE of Request For Cancellation of Hearing by Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera re 6 Notice re Hearing, Request for Cancellation (Malfeld, Mariela) |
| Filing 8 MOTION TO DISMISS #1 Complaint,,,, FOR FAILURE TO STATE A CLAIM by Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera. Attorney Mariela Melissa Malfeld added to party Andreina De Sales(pty:dft), Attorney Mariela Melissa Malfeld added to party Pablo De Sales(pty:dft), Attorney Mariela Melissa Malfeld added to party Maria Andreina Granadillo(pty:dft), Attorney Mariela Melissa Malfeld added to party Mauricio Herrera(pty:dft), Attorney Mariela Melissa Malfeld added to party Andreas Poschl(pty:dft), Attorney Mariela Melissa Malfeld added to party Proton Builders, LLC(pty:dft), Attorney Mariela Melissa Malfeld added to party Yanissey Solivera(pty:dft). Responses due by 2/3/2022 (Malfeld, Mariela) |
| 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 KAUFMAN LYNN CONSTRUCTION, INC.. Andreina De Sales served on 12/31/2021, response/answer due 1/21/2022; Pablo De Sales served on 12/31/2021, response/answer due 1/21/2022; Maria Andreina Granadillo served on 12/31/2021, response/answer due 1/21/2022; Mauricio Herrera served on 1/5/2022, response/answer due 1/26/2022; Proton Builders, LLC served on 1/3/2022, response/answer due 1/24/2022; Yanissey Solivera served on 1/5/2022, response/answer due 1/26/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gobeo, David) |
| Filing 6 PAPERLESS NOTICE of Hearing: re #4 Expedited Motion for Preliminary Injunction and Temporary Restraining Order. PLAINTIFF SHALL TAKE ALL REASONABLE STEPS TO NOTIFY DEFENDANTS OF HEARING. Motion Hearing set for 1/31/2022 02:00 PM in Fort Pierce Division before Judge Aileen M. Cannon. This is an in-person hearing. (tgs) |
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Filing 5
ORDER REQUIRING COMBINED RESPONSES it is hereby ORDERED that no Defendant shall file a response or answer until all Defendants in this action have been served. Signed by Judge Aileen M. Cannon on 12/29/2021. See attached document for full details. (pc)
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| Filing 4 Plaintiff's EXPEDITED MOTION for Preliminary Injunction and Temporary Restraining Order by KAUFMAN LYNN CONSTRUCTION, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Text of Proposed Order Granting Motion)(Gobeo, David) |
| Filing 3 Summons Issued as to Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (pes) |
| Filing 1 COMPLAINT Verified against Andreina De Sales, Pablo De Sales, Maria Andreina Granadillo, Mauricio Herrera, Andreas Poschl, Proton Builders, LLC, Yanissey Solivera. Filing fees $ 402.00 receipt number AFLSDC-15275270, filed by KAUFMAN LYNN CONSTRUCTION, INC.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39)(Gobeo, David) |
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