Smith v. American Protection Plans, LLC et al
| Burke Smith |
| American Protection Plans LLC a Florida limited liability company doing business as American Residential Warranty, Joshua Brauser, Michael Brauser and Does 1 through 20 |
| American Protection Plans LLC |
| Shawn Powers |
| 9:2022cv80401 |
| March 15, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Defendant |
Docket Report
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| Filing 48 NOTICE of Compliance with Pretrial Scheduling Order and Proposed Agreement of Parties to Simplify the Pleadings by Burke Smith re #43 Scheduling Order,,, Order Referring Case to Mediation,, (Mason, W.) |
| Filing 47 NOTICE of Change of Address, Email or Law Firm Name by Christopher Clyde Todd (Todd, Christopher) |
| Filing 46 Shawn Powers' ANSWER to Complaint , Second Amended, Dkt. 37, Defendant's COUNTERCLAIM against American Protection Plans LLC by Shawn Powers. Attorney Christopher Clyde Todd added to party Shawn Powers(pty:condft). (Todd, Christopher) |
| Filing 45 Plaintiff's MOTION TO DISMISS #37 Notice (Other) FOR FAILURE TO STATE A CLAIM Plaintiff's Second Amended Complaint by Burke Smith. Responses due by 5/18/2022 (Mason, W.) |
| Filing 44 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by American Protection Plans LLC. (Kaplan, Justin) |
Filing 43
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 6/16/2022., Discovery due by 10/6/2022., Joinder of Parties due by 6/16/2022., In Limine Motions due by 10/20/2022., Dispositive Motions due by 10/20/2022., Motions due by 10/20/2022., Pretrial Stipulation due by 11/21/2022. Signed by Magistrate Judge William Matthewman on 4/28/2022. See attached document for full details. (ail) #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 42 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 04/28/2022. The Court discussed the history and status of the consolidated cases, whether parties would be added, the trial period, 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: 29 minutes. Attorney Appearance(s): W. Scott Mason, Michael T. Burke, Justin Brett Kaplan, Chris Todd. (Digital 11:30:24) (kza) |
| Filing 41 WAIVER OF SERVICE Returned Executed by Burke Smith. Michael Brauser waiver sent on 4/15/2022, response/answer due 6/14/2022. (Mason, W.) |
| Filing 40 WAIVER OF SERVICE Returned Executed by Burke Smith. Joshua Brauser waiver sent on 4/15/2022, response/answer due 6/14/2022. (Mason, W.) |
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Filing 39
ORDER Granting #34 Unopposed Motion to Withdraw as Counsel. Ryan E. Cosgrove representing American Protection Plans LLC (Defendant) withdrawn from case. Notice of Termination delivered by US Mail to Ryan Cosgrove. Signed by Judge Donald M. Middlebrooks on 4/22/2022. See attached document for full details. (cds)
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Filing 38
ORDER CONSOLIDATING CASES. Granting (29) Motion to Consolidate Cases in case 9:22-cv-80401-DMM. The Clerk of Court shall ADMINISTRATIVELY CLOSE Case No. 22-CV-80018. All future filings shall be made under Case No. 22-CV-80401-DMM only. Signed by Judge Donald M. Middlebrooks on 4/22/2022. See attached document for full details. Associated Cases: 9:22-cv-80401-DMM, 9:22-cv-80018-DMM (cds)
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| Filing 37 NOTICE by American Protection Plans LLC of Consent to the Filing of Second Amended Complaint (Kaplan, Justin) |
| Filing 36 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Justin Brett Kaplan re #33 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 35 NOTICE of Attorney Appearance by Kristin Maria Ahr on behalf of American Protection Plans LLC. Attorney Kristin Maria Ahr added to party American Protection Plans LLC(pty:dft). (Ahr, Kristin) |
| Filing 34 Unopposed MOTION to Withdraw as Attorney by Justin B. Kaplan for / by American Protection Plans LLC. Responses due by 5/5/2022 (Attachments: #1 Text of Proposed Order)(Kaplan, Justin) |
| Filing 33 NOTICE of Change of Address, Email or Law Firm Name by Justin Brett Kaplan (Kaplan, Justin) |
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Filing 32
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/28/2022 at 11:30 AM 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 two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. 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 4/21/2022. (cpe)
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Filing 31
ORDER REFERRING CASE AND SETTING TRIAL DATE: Trial set for 12/19/2022 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 12/14/2022 at 1:15 PM before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 4/20/2022. See attached document for full details. (ail) #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 30 First AMENDED COMPLAINT against All Defendants, filed by Burke Smith.(Mason, W.) |
| Filing 29 Joint MOTION to Consolidate Cases by Burke Smith. Responses due by 4/29/2022 (Mason, W.) |
| Filing 28 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by American Protection Plans LLC (Kaplan, Justin) |
| Filing 27 Joint SCHEDULING REPORT - Rule 26(f) by Burke Smith (Attachments: #1 Text of Proposed Order)(Mason, W.) |
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Filing 26
PAPERLESS ORDER granting #25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael T. Burke. Signed by Judge Donald M. Middlebrooks on 3/30/2022. (kal)
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| Filing 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael T. Burke. Filing Fee $ 200.00 Receipt # AFLSDC-15511911 by Burke Smith. Responses due by 4/11/2022 (Attachments: #1 Text of Proposed Order)(Mason, W.) |
| Filing 24 NOTICE of Attorney Appearance by Melissa Jill Gomberg on behalf of American Protection Plans LLC. Attorney Melissa Jill Gomberg added to party American Protection Plans LLC(pty:dft). (Gomberg, Melissa) |
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Filing 23
ORDER granting #22 Motion for Substitution of Counsel. Attorney W. Scott Mason added. Attorney Evan Dwin representing Smith, Burke (Plaintiff) terminated Notice of Termination delivered by US Mail to Evan Dwin. Signed by Judge Donald M. Middlebrooks on 3/18/2022. See attached document for full details. (ail)
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| Filing 22 NOTICE/STIPULATION of Substitution of Counsel by W. Scott Mason on behalf of Burke Smith instead of prior counsel of record Evan Dwin. . Attorney W. Scott Mason added to party Burke Smith(pty:pla). (Attachments: #1 Text of Proposed Order) (Mason, W.)Event Modified on 3/18/2022 (ail). |
| Filing 21 Bar Letter re: Admissions sent to attorney Ryan E. Cosgrove, mailing date March 15, 2022, (pt) |
| Filing 20 Bar Letter re: Admissions sent to attorney Evan Dwin, mailing date March 15, 2022, (pt) |
| Filing 19 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. (bb) |
| Filing 18 Case transferred in from California Southern; Case Number 3:22-cv-00016. Electronic file including transfer order and docket sheet received. .(bb). |
| Filing 17 Case transferred to the Southern District of Florida. Files transferred electronically to: *Southern District of Florida*.*400 North Miami Avenue**Miami, FL 33128*. Signed by Judge Michael M. Anello on 3/10/2022. (Attachments: #1 Transfer Order) (tcf) |
| Filing 16 MOTION to Strike #15 Notice (Other) Surreply Improperly Titled Notice of Amended Complaint by Burke Smith. (Dwin, Evan) (jrm). |
| Filing 15 NOTICE OF FILING FIRST AMENDED COMPLAINT IN RELATED ACTION by American Protection Plans, LLC re #4 MOTION to Change Venue Transfer (Attachments: #1 Exhibit A - First Amended Complaint)(Cosgrove, Ryan) (jrm). |
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Filing 14
Minute Order Taking Motion Under Submission: Defendant's #4 MOTION to Change Venue Transfer is currently set for hearing on February 28, 2022. The Court finds this matter suitable for determination on the papers and without oral argument pursuant to Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the hearing shall be taken off calendar. SO ORDERED by Judge Michael M. Anello on February 22, 2022. (mac)
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| Filing 12 REPLY to Response to Motion re #4 MOTION to Change Venue Transfer filed by American Protection Plans, LLC. (Cosgrove, Ryan) (tcf). |
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Filing 13
ORDER Re Stipulation to Extend Deadline for Defendant American Protection Plans, LLC's Reply to Opposition to Motion to Transfer [Doc. No. #11 ]. Defendant shall have up to and including 2/21/2022 in which to file its reply brief. Signed by Judge Michael M. Anello on 2/18/2022. (tcf)
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| Filing 11 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Change Venue Transfer by American Protection Plans, LLC. (Cosgrove, Ryan) (tcf). |
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Filing 10
ORDER Approving the Pro Hac Vice Application of Justin B. Kaplan, re #9 Request to Appear Pro Hac Vice. Signed by Judge Michael M. Anello on 2/18/2022.(rmc)
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| Filing 9 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16578293.) (Application to be reviewed by Clerk.) (Attachments: #1 Exhibit)(Kaplan, Justin) (rmc). Term'd per chambers due to prior ruling on 3/16/2022 (mf). |
| Filing 8 RESPONSE in Opposition re #4 MOTION to Change Venue Transfer filed by Burke Smith. (Attachments: #1 Declaration Declaration of Burke Smith, #2 Declaration Declaration of Evan Dwin)(Dwin, Evan) (tcf). |
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Filing 7
ORDER Re: #6 Notice of Voluntary Dismissal and #3 Motion to Dismiss for Lack of Jurisdiction. The Court DISMISSES Defendants Joshua Brauser and Michael Brauser from this action without prejudice. In light of Plaintiff's notice of voluntary dismissal, Defendants Joshua Brauser and Michael Brauser's motion to dismiss for lack of personal jurisdiction, Doc. No. #3 , is MOOT and the Court therefore VACATES all pending deadlines and the 2/28/2022 hearing as to this motion only. Signed by Judge Michael M. Anello on 2/3/2022. (tcf)
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| Filing 6 Notice of Voluntary Dismissal without Prejudice of Joshua Brauser and Michael Brauser by Burke Smith. (Dwin, Evan) Modified on 2/3/2022 (tcf). |
| Filing 5 ANSWER to Complaint by American Protection Plans, LLC.(Cosgrove, Ryan) (tcf). |
| Filing 4 MOTION to Change Venue Transfer by American Protection Plans, LLC, Joshua Brauser, Michael Brauser. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Evan Rothman, #3 Exhibit 1 to Declaration of Evan Rothman, #4 Exhibit 2 to Declaration of Evan Rothman)(Cosgrove, Ryan) (tcf). |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction Personal by American Protection Plans, LLC, Joshua Brauser, Michael Brauser. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Joshua Brauser, #3 Declaration of Michael Brauser)(Cosgrove, Ryan) (tcf). |
| Filing 2 Corporate Disclosure Statement by American Protection Plans, LLC, Joshua Brauser, Michael Brauser identifying Corporate Parent Michael Brauser, Corporate Parent Joshua Brauser, Corporate Parent Richard Kaufman, Corporate Parent Birchtree Capital, LLC, Corporate Parent Goldstein Enterprises, LLC for American Protection Plans, LLC. (jrd) |
| Filing 1 NOTICE OF REMOVAL With Jury Demand (Filing fee $402.00 receipt number ACASDC-16456343.), filed by American Protection Plans, LLC, Joshua Brauser, Michael Brauser. (Attachments: #1 Exhibit A - Summons and Complaint (State Court))The new case number is 3:22-cv-16-MMA-NLS. Judge Michael M. Anello and Magistrate Judge Nita L. Stormes are assigned to the case.(jrd) |
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