Stone v. Musico et al
| Steven Stone |
| Carolyn Musico, David Stone and Christine G Stone |
| 9:2022cv80548 |
| April 5, 2022 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 52 TRANSCRIPT of Status Conference Hearing held on 11/21/22 before Judge Aileen M. Cannon, 1-15 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 2/21/2023. Redacted Transcript Deadline set for 3/2/2023. Release of Transcript Restriction set for 5/1/2023. (dmr) |
Filing 51
ORDER CLOSING CASE AND DISMISSING WITH PREJUDICE: Upon the parties' Stipulation of Dismissal at DE #50 , the Clerk of Court is directed to CLOSE this case (With Prejudice) . Signed by Judge Aileen M. Cannon on 12/21/2022. See attached document for full details. (mab)
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| Filing 50 STIPULATION of Dismissal with Prejudice by Steven Stone (Hertell, Hans) |
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Filing 49
PAPERLESS ORDER: This case is hereby REFERRED to Magistrate Judge Bruce E. Reinhart for a settlement conference. On or before December 22, 2022, counsel shall confer and contact Judge Reinhart's chambers to schedule the settlement conference. The settlement conference itself shall take place on or before February 17, 2023. Except as provided under Local Rule 16.2(e), the appearance of counsel and each party, or representatives of each party with full authority to enter into a complete settlement, is mandatory. See S.D. Fla. L.R. 16.2(e). Signed by Judge Aileen M. Cannon on 12/15/2022. (aes)
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Filing 48
ORDER FOLLOWING HEARING: Joint Notice of Settlement due by 12/12/2022. Signed by Judge Aileen M. Cannon on 11/21/2022. See attached document for full details. (mab)
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| Filing 47 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on November 21, 2022. The parties updated the Court on the overall status of the case and ongoing settlement discussions. The parties report no discovery or scheduling issues. Order to follow. Total time in court: 17 minutes. Attorney Appearances: Ross M. Bagley, Erik Bakke, and Hans Helmut Hertell (Counsel for Plaintiff); Daryl Krauza (Counsel for Defendant Carolyn Musico); and Elizabeth Anne Bowers (Counsel for Defendants David and Christine Stone). Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (aes) |
| Filing 46 PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** Status Conference reset for 11/21/2022 08:30 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. (jao) |
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Filing 45
PAPERLESS ORDER granting #44 Motion by Nichole Mabry Mooney to Withdraw as Attorney and terminate her representation of Defendant and Counter-Claimant Carolyn Musico. Attorney Mooney is hereby withdrawn from case. Signed by Magistrate Judge Bruce E. Reinhart on 9/6/2022. (hk02)
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| Filing 44 Unopposed MOTION to Withdraw as Attorney by Nichole M. Mooney for / by Carolyn Musico. Responses due by 9/16/2022 (Attachments: #1 Text of Proposed Order Order Granting Motion to Withdraw)(Mooney, Nichole) |
| Filing 43 NOTICE of Change of Address, Email or Law Firm Name by Daryl Krauza (Krauza, Daryl) |
| Filing 42 PAPERLESS NOTICE of Hearing: Status Conference set for 11/21/2022 09:30 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 41 NOTICE of Attorney Appearance by Elizabeth Anne Bowers on behalf of Christine G Stone, David Stone. Attorney Elizabeth Anne Bowers added to party Christine G Stone(pty:dft), Attorney Elizabeth Anne Bowers added to party David Stone(pty:dft). (Bowers, Elizabeth) |
| Filing 40 NOTICE of Attorney Appearance by William Thomas Hennessey, III on behalf of Christine G Stone, David Stone. Attorney William Thomas Hennessey, III added to party Christine G Stone(pty:dft), Attorney William Thomas Hennessey, III added to party David Stone(pty:dft). (Hennessey, William) |
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Filing 39
ORDER Scheduling Mediation before Richard Milstein, Esq. Mediation Hearing set for 3/8/2023 10:00 AM in West Palm Beach, Florida Signed by Judge Aileen M. Cannon on 8/3/2022. See attached document for full details. (swr)
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| Filing 38 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Steven Stone, Richard Milstein as Mediator. Mediation Hearing set for 3/8/2023 at 10:00 a.m.. (Attachments: #1 Exhibit 1-Proposed Order Scheduling Mediation)(Hertell, Hans) |
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Filing 37
ORDER Granting #36 PARTIES' JOINT MOTION FOR A PROTECTIVE ORDER AND APPROVING THE PROPOSED CONFIDENTIALITY AGREEMENT. Signed by Magistrate Judge Bruce E. Reinhart on 7/27/2022. See attached document for full details. (cds)
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| Filing 36 Joint MOTION for Protective Order and Confidentiality Agreement by Steven Stone. (Attachments: #1 Exhibit 1-Agreement/Order)(Hertell, Hans) |
| Filing 35 RESPONSE to Plaintiff's First Request for Admissions by Carolyn Musico(as trustee). (McElroy, Robert) |
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Filing 34
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 7/11/2022. See attached document for full details. (cds)
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Filing 33
ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 7/24/2023 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 7/18/2023 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 8/11/2022., Discovery due by 3/6/2023., Expert Discovery due by 3/6/2023., Joinder of Parties due by 8/11/2022., Mediation Deadline 3/13/2023., In Limine Motions due by 7/5/2023., Dispositive Motions due by 4/11/2023., Motions due by 4/11/2023., Pretrial Stipulation due by 7/5/2023.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Aileen M. Cannon on 7/8/2022. See attached document for full details. (cds) #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 32 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Carolyn Musico(as trustee) (McElroy, Robert) |
| Filing 31 Plaintiff's ANSWER to Counterclaim of Defendant Carolyn Musico by Steven Stone. (Attachments: #1 Exhibit A-2016 Stone Family Trust)(Hertell, Hans) |
| Filing 30 Joint SCHEDULING REPORT - Rule 26(f) by Steven Stone (Hertell, Hans) |
| Filing 29 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Steven Stone (Hertell, Hans) |
| Filing 28 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Christine G Stone, David Stone (Terwilleger, John) |
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Filing 27
PAPERLESS ORDER striking #26 Defendant's Initial Disclosures. Local Rule 26.1(b) prohibits parties from filing certain discovery materials, including the Initial Disclosures filed by Defendant. See S.D. Fla. L.R. 26.1(b). Accordingly, the Initial Disclosures specified in this Order are stricken. Signed by Judge Aileen M. Cannon on 7/1/2022. (jrt)
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| Filing 26 (STRICKEN PER DE# 27 ) Initial Disclosure(s) of Rule 26 disclosures by Carolyn Musico(as trustee) (McElroy, Robert) Modified Text on 7/1/2022 (cds). |
| Filing 25 Amended ANSWER and Affirmative Defenses to Complaint and, Second COUNTERCLAIM Amended against Steven Stone by Carolyn Musico(as trustee). (Krauza, Daryl) |
| Filing 24 ANSWER to Complaint , Amended COUNTERCLAIM against Steven Stone by Carolyn Musico(as trustee). (McElroy, Robert) |
| Filing 23 NOTICE of Attorney Appearance by Robert Lee McElroy, IV on behalf of Carolyn Musico(as trustee). Attorney Robert Lee McElroy, IV added to party Carolyn Musico(pty:cc), Attorney Robert Lee McElroy, IV added to party Carolyn Musico(pty:dft), Attorney Robert Lee McElroy, IV added to party Carolyn Musico(pty:cc). (McElroy, Robert) |
| Filing 22 DEMAND for Trial by Jury by Steven Stone (Hertell, Hans) |
| Filing 21 Defendants, David Stone and Christine G. Stone's ANSWER and Affirmative Defenses to Complaint by Christine G Stone, David Stone. Attorney John William Terwilleger added to party Christine G Stone(pty:dft), Attorney John William Terwilleger added to party David Stone(pty:dft). (Terwilleger, John) |
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Filing 20
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 7/7/2022. Signed by Judge Aileen M. Cannon on 6/7/2022. See attached document for full details. (cds)
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| Filing 19 NOTICE of Attorney Appearance by Daryl Krauza on behalf of Carolyn Musico(as trustee) (Krauza, Daryl) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM against All Plaintiffs by Carolyn Musico. (Attachments: #1 Exhibit)(Krauza, Daryl) |
| Filing 17 NOTICE of Striking #12 Notice of Attorney Appearance filed by Carolyn Musico by Carolyn Musico, Carolyn Musico (Krauza, Daryl) |
| Filing 16 NOTICE of Striking #13 Answer to Complaint, Counterclaim filed by Carolyn Musico by Carolyn Musico, Carolyn Musico. Attorney Daryl Krauza added to party Carolyn Musico(pty:cc), Attorney Daryl Krauza added to party Carolyn Musico(pty:dft). (Krauza, Daryl) |
| Filing 15 Clerks Notice to Filer re #12 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cds) |
| Filing 14 Clerks Notice to Filer re #13 Answer to Complaint, Counterclaim. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (cds) |
| Filing 13 (STRICKEN PER DE#16 ) ANSWER and Affirmative Defenses to Complaint and, COUNTERCLAIM against Steven Stone by Carolyn Musico. (Attachments: #1 Exhibit 1)(Mooney, Nichole) Modified Text on 6/6/2022 (cds). |
| Filing 12 (STRICKEN PER DE#17 ) NOTICE of Attorney Appearance by Nichole Mabry Mooney on behalf of Carolyn Musico. Attorney Nichole Mabry Mooney added to party Carolyn Musico(pty:dft). (Mooney, Nichole) Modified Text on 6/6/2022 (cds). |
| Filing 11 WAIVER OF SERVICE Returned Executed by Steven Stone. Christine G Stone waiver sent on 4/8/2022, response/answer due 6/7/2022. (Hertell, Hans) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Steven Stone. David Stone waiver sent on 4/8/2022, response/answer due 6/7/2022. (Hertell, Hans) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Steven Stone. Carolyn Musico waiver sent on 4/7/2022, response/answer due 6/6/2022. (Hertell, Hans) |
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Filing 8
PAPERLESS ORDER granting #5 , #6 , and #7 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Erik Bakke, Ross M. Bagley, and E. Scott Schririck. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 4/12/2022. (jrt)
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Erik Bakke. Filing Fee $ 200.00 Receipt # AFLSDC-15545771 by Steven Stone. Responses due by 4/22/2022 (Hertell, Hans) |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ross M. Bagley. Filing Fee $ 200.00 Receipt # AFLSDC-15545770 by Steven Stone. Responses due by 4/22/2022 (Hertell, Hans) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for E. Scott Schirick. Filing Fee $ 200.00 Receipt # AFLSDC-15545768 by Steven Stone. Responses due by 4/22/2022 (Hertell, Hans) |
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Filing 4
ORDER REQUIRING COMBINED RESPONSES Signed by Judge Aileen M. Cannon on 4/7/2022. See attached document for full details. (pcs)
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| Filing 3 Summons Issued as to Carolyn Musico, Christine G Stone, David Stone. (pcs) |
| 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. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15534410, filed by Steven Stone. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Exhibit A-Stone 2016 Family Trust, #6 Exhibit B-Letter to Trustee of The Stone 2016 Family Trust, #7 Exhibit C-Schirick, Scott 02-11-22, #8 Exhibit D-Schirick, Scott 02-24-22 [Repurchase Agreement], #9 Exhibit E-Schirick, Scott 02-24-22)(Hertell, Hans) |
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