Davila v. Luxury Wood Floors Inc et al
| Fredy Davila |
| Luxury Wood Floors Inc, Wilder L. Morales, Artisan Hardwoods, LLC and William S. Lindsey |
| JPMorgan Chase Bank, N.A. |
| 9:2022cv80760 |
| May 20, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Labor: Fair Standards |
| 29 U.S.C. § 0201 Fair Labor Standards Act |
| Defendant |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 159 JUDGMENT on Attorney Fees. Fees awarded to Plaintiff Fredy Davila against Luxury Wood Floors, Inc. Signed by Magistrate Judge William Matthewman on 9/29/2023. See attached document for full details. (pc) |
Filing 158
ORDER granting in part and denying in part #154 Motion for Attorney Fees. Signed by Magistrate Judge William Matthewman on 9/29/2023. See attached document for full details. (pc)
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| Filing 157 ANSWER to Writ of Garnishment and Demand To Judgment Creditor For Payment of Attorneys' Fees by JPMorgan Chase Bank, N.A.. Reply/Objections to Writ Answer due by 10/12/2023. (Herron, Andrew) |
| Filing 156 ANSWER to Writ of Garnishment and Demand To Judgment Creditor For Payment of Attorneys' Fees by JPMorgan Chase Bank, N.A.. Reply/Objections to Writ Answer due by 10/3/2023. (Herron, Andrew) |
| Filing 155 ANSWER to Writ of Garnishment and Demand To Judgment Creditor For Payment of Attorneys' Fees by JPMorgan Chase Bank, N.A.. Reply/Objections to Writ Answer due by 10/2/2023. (Herron, Andrew) |
| Filing 154 Plaintiff's MOTION for Attorney Fees by Fredy Davila. Responses due by 9/11/2023 (Attachments: #1 Exhibit Invoice, #2 Exhibit Affidavit of Gregory S. Sconzo, Esq., #3 Exhibit Affidavit of Samantha L. Simpson, Esq.)(Sconzo, Gregory) |
| Filing 153 WRIT OF GARNISHMENT issued as to Garnishee JPMORGAN CHASE BANK, N.A. in the amount of $ 26,385.00. (drz) |
| Filing 152 WRIT OF GARNISHMENT issued as to Garnishee JPMORGAN CHASE BANK, N.A. in the amount of $ 26,385.00. (drz) |
| Filing 151 Plaintiff's MOTION for Writ of Garnishment on JPMorgan Chase Bank, N.A. by Fredy Davila. (Attachments: #1 Text of Proposed Order)(Sconzo, Gregory) |
| Filing 150 Plaintiff's MOTION for Writ of Garnishment on JPMorgan Chase Bank, N.A. by Fredy Davila. (Attachments: #1 Text of Proposed Order)(Sconzo, Gregory) |
| Filing 149 JUDGMENT in favor of Fredy Davila against Luxury Wood Floors Inc, Wilder L. Morales. Signed by Magistrate Judge William Matthewman on 8/16/2023. See attached document for full details. (pc) |
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Filing 148
ORDER: granting in part and denying in part #144 Motion to Tax Costs. Signed by Magistrate Judge William Matthewman on 8/16/2023. See attached document for full details. (pc)
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| Filing 147 RELEASE OF EXHIBITS: Joint paper Exhibit 1 released to Alexa Bard, of Sconzo Law Office, P.A. (pc) |
| Filing 146 RELEASE OF EXHIBITS Plaintiff paper Exhibits 1-14, 17-23 released to Alexa Bard, Sconzo Law Office, P.A. (pc) |
| Filing 145 CLERK'S Second Notice Directing Counsel to Retrieve Exhibit(s) received from Plaintiff Re D.E. #141 Notice of Compliance. Exhibit Numbers: 1-14, 17-23 & Joint 1. Attorney(s)/Party(s) Plaintiff shall retrieve original exhibits within five days. (nwn) |
| Filing 144 MOTION to Tax Costs by Fredy Davila. Responses due by 8/14/2023 (Attachments: #1 Exhibit Bill of Costs, #2 Exhibit Receipts)(Sconzo, Gregory) |
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Filing 143
ORDER CLOSING CASE. Signed by Magistrate Judge William Matthewman on 7/28/2023. See attached document for full details. (swr)
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| Filing 142 CLERK'S Notice Directing Counsel to Retrieve Exhibit(s) received from Plaintiff Re D.E. #141 Notice of Compliance. Exhibit Numbers: 1-14, 17-23. Attorney(s)/Party(s) Plaintiff shall retrieve original exhibits within five days. For retrieval information, please contact the Clerks Office - Records Section of the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Room 202, West Palm Beach, FL 33401, (561) 803-3400. (nwn) |
| Filing 141 NOTICE of Compliance With Electronic Filing of Exhibits Introduced into Evidence by Fredy Davila (Sconzo, Gregory) |
| Filing 140 NOTICE OF CONVENTIONAL FILING of a flash drive containing Exhibits that were admitted at trial, re: 139 Order on Motion for Miscellaneous Relief, by Fredy Davila. (pc) |
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Filing 139
PAPERLESS ORDER granting #138 the Motion for Plaintiff to Submit Electronic Exhibits via Flash Drive. Plaintiff has established good cause for the relief sought, and Defendants do not object to the Motion. Therefore, Plaintiff may submit a copy of the exhibits used during the jury trial in this case via flash drive to the Clerk of Court. Signed by Magistrate Judge William Matthewman on 7/12/2023. (no00)
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| Filing 138 MOTION for Plaintiff to Submit Electronic Exhibits via Flash Drive by Fredy Davila. (Attachments: #1 Text of Proposed Order)(Sconzo, Gregory) |
| Filing 137 NOTICE by Fredy Davila of Filing Trial Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit) (Sconzo, Gregory) |
| Filing 136 CLERK'S Notice of Policy re Electronic Submission of Exhibit(s) received from Plaintiff/Defendant Re D.E. #129 Exhibit and Witness List. Exhibit Numbers: Plaintiff 1-14, 17-23, Joint 1 Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, the Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Courts website: http://www.flsd.uscourts.gov (nwn) |
| Filing 135 CLERK'S Notice of Receipt of Exhibit(s) received from Plaintiff/Defendant Re D.E. #129 Exhibit and Witness List. Exhibit Numbers: Plaintiff 1-14, 17-23, Joint 1 For retrieval information, please contact the Clerks Office - Records Section of the Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Room 202, West Palm Beach, FL 33401, (561) 803-3400. (nwn) |
| Filing 133 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Jury Trial held on 6/29/2023. Day 4. Continuation of Jury deliberations from 6/28/2023. Jury Verdict rendered. Jury Trial concluded. Total time in court: 04 hour(s) : 59 minutes. Attorney Appearance(s): Gregory Steven Sconzo, Adi Amit. Court Reporter: Laura Melton, 305-523-5633 / Laura_Melton@flsd.uscourts.gov. (Digital 13:26) (swr) |
| Filing 132 FINAL JUDGMENT IN FAVOR OF DEFENDANTS ARTISAN HARDWOODS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND WILLIAM S. LINDSEY, IN HIS INDIVIDUAL CAPACITY, AND AGAINST PLAINTIFF FREDY DAVILA in favor of Artisan Hardwoods, LLC, William S. Lindsey against Fredy Davila. Signed by Magistrate Judge William Matthewman on 6/29/2023. See attached document for full details. (swr) |
| Filing 131 FINAL JUDGMENT IN FAVOR OF PLAINTIFF FREDY DAVILA AND AGAINST DEFENDANTS LUXURY WOOD FLOORS, INC., A FLORIDA CORPORATION, AND WILDER L. MORALES, IN HIS INDIVIDUAL CAPACITY in favor of Fredy Davila against Luxury Wood Floors Inc, Wilder L. Morales. Signed by Magistrate Judge William Matthewman on 6/29/2023. See attached document for full details. (swr) |
| Filing 130 JURY VERDICT FORM. (spe) (Main Document 130 replaced on 8/3/2023) (spe). (Additional attachment(s) added on 8/3/2023: #1 Restricted Unredacted Jury Note/Verdict) (spe). |
| Filing 134 Jury Notes. (swr) (Additional attachment(s) added on 6/29/2023: #1 Restricted Unredacted Jury Note/Verdict) (swr). |
| Filing 129 COURT'S Exhibit and Witness List. (swr) |
| Filing 128 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Jury Trial held on 6/28/2023. Day 3. Continuation of Charge Conference prior to Trial. Defendant Witness Tyler Denoff testified. Defendant Rests. Plaintiff's Closing Statement. Defendant's Closing Statement. The Court instructs the Jury on the Law. The Jury deliberates. (Jury Trial set for 6/29/2023 09:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman.) Total time in court: 07 hour(s) : 58 minutes. Attorney Appearance(s): Gregory Steven Sconzo, Samantha Lyn Simpson, Adi Amit, Aron Smukler. Court Reporter: Laura Melton, 305-523-5633 / Laura_Melton@flsd.uscourts.gov. (Digital 8:45; 9:22:20; 10:04:39; 10:40:34; 12:11:53; 14:18:29; 18:20:17) (swr) Modified on 6/29/2023 (swr). |
| Filing 127 Proposed Jury Instructions by Fredy Davila. (Attachments: #1 Exhibit Proposed Jury Verdict)(Sconzo, Gregory) |
| Filing 125 COURT'S FINAL JURY INSTRUCTIONS. (swr) |
| Filing 126 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Jury Trial held on 6/27/2023. Day 2. Plaintiff Witnesses: Fredy Davila, Jesus Arias, Wilder Morales and William Lindsey testified. Plaintiff Rests. Charge conference held. Charge conference to be continued to 6/28/2023 at 8:30 AM. (Jury Trial set for 6/28/2023 at 09:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman). Total time in court: 06 hour(s) : 46 minutes. Attorney Appearance(s): Gregory Steven Sconzo, Samantha Lyn Simpson, Adi Amit, Aron Smukler. Other appearances: Federally Certified Court Interpreter (Spanish) Mary Iacobelli. Court Reporter: Laura Melton, 305-523-5633 / Laura_Melton@flsd.uscourts.gov. (Digital 9:11:38; 10:29; 13:04:52; 14:42:19; 16:31:14; 17:37:16) (swr) Modified on 6/29/2023 (swr). |
| Filing 124 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Jury Selection/Voir Dire held on 6/26/2023, Jury Trial begun on 6/26/2023. Witness Fredy Davila testified, ( Jury Trial set for 6/27/2023 at 09:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman.). Total time in court: 06 hour(s) : 36 minutes. Attorney Appearance(s): Gregory Steven Sconzo, Samantha Lyn Simpson, Adi Amit, Aron Smukler. Court Reporter: Trish Bailey Entin, 305-523-5635. (Digital 8:44:58; 9:15:55; 11:15:45; 12:47:25; 13:06:09; 14:18:52; 15:21:24) (swr) Modified on 6/29/2023 (swr). |
| Filing 123 COURT'S PRELIMINARY INSTRUCTIONS TO THE JURY SELECTED TO TRY THIS CASE. (swr) |
| Filing 122 Exhibit List Amended by Fredy Davila.. (Sconzo, Gregory) |
| Filing 121 Proposed Jury Instructions by Fredy Davila. (Attachments: #1 Exhibit)(Sconzo, Gregory) |
| Filing 120 NOTICE of Compliance by Fredy Davila (Sconzo, Gregory) |
| Filing 119 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: In-Person Calendar Call held on 6/14/2023. The Court advised the parties that this case shall proceed to jury trial as scheduled on June 26, 2023 at 9:00 a.m., in Courtroom 2 on the 4th Floor of the United States Courthouse in West Palm Beach, Florida. The parties and their counsel shall be in Court by 8:15 a.m. to address any matters as may be necessary prior to the start of jury selection at 9:00 a.m. The Court discussed matters relating to the June 26, 2023 trial, including witnesses, exhibit lists, proposed verdict forms, proposed jury instructions, trial procedures, and voir dire. The Court allows the Plaintiff to call Jesus Areas as a witness. The parties are to file their revised Joint Proposed Jury Instructions and Verdict form by June 22, 2023. The parties are to confer and agree on a Spanish Interpreter. The Court also Orders the Defendant to share their Exhibits with the Plaintiff by Friday, June 16, 2023. Total time in court: 48 minutes. Attorney Appearance(s): Gregory Steven Sconzo, Samantha Lyn Simpson, Adi Amit, Aron Smukler. (Digital 13:03:43) (swr) |
| Filing 118 NOTICE of Compliance by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales re #104 Order (Smukler, Aron) |
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Filing 117
ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO PERMIT ELECTRONIC DEVICES INTO THE COURTROOM [DE 116] granting #116 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge William Matthewman on 6/14/2023. See attached document for full details. (swr)
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| Filing 116 MOTION to Bring Electronic Equipment into the courtroom by Fredy Davila. Responses due by 6/28/2023 (Attachments: #1 Text of Proposed Order)(Sconzo, Gregory) |
| Filing 115 NOTICE by Fredy Davila of Filing Proposed Amended Verdict Form (Attachments: #1 Exhibit) (Sconzo, Gregory) |
| Filing 114 Exhibit List Amended by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales.. (Smukler, Aron) |
| Filing 113 Proposed Jury Instructions by Fredy Davila. (Attachments: #1 Exhibit Verdict Form)(Sconzo, Gregory) |
| Filing 112 Exhibit List amended 6.13.23 by Fredy Davila.. (Sconzo, Gregory) |
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Filing 111
PAPERLESS ORDER granting #110 Defendants' Motion for Extension of time to File Proposed Jury Instructions and Jury Forms. The proposed jury instructions and verdict forms shall be filed on or before June 13, 2023. As the Court is providing the parties with an extra day, it expects the parties to work together in a good faith effort to reach an agreement on the jury instructions and verdict forms thereby eliminating or limiting the issues which require court intervention. Signed by Magistrate Judge William Matthewman on 6/12/2023. (no00)
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| Filing 110 Unopposed MOTION for Extension of Time to File Proposed Jury Instructions and Jury Forms by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Responses due by 6/26/2023 (Smukler, Aron) |
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Filing 109
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO PERMIT ELECTRONIC DEVICES INTO THE COURTROOM [DE 108] granting #108 Motion to Bring Electronic Equipment into the courtroom. Signed by Magistrate Judge William Matthewman on 6/12/2023. See attached document for full details. (swr)
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| Filing 108 Unopposed MOTION to Bring Electronic Equipment into the courtroom by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Responses due by 6/23/2023 (Smukler, Aron) |
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Filing 107
PAPERLESS ORDER: This matter comes before the Court sua sponte in advance of the upcoming specially set June 26, 2023 jury trial. The parties shall file all motions for leave to bring electronic equipment into the courtroom for trial on or before June 15, 2023. The motions must list each individual who will be bringing phones, laptops, ipads, or other electronic equipment into the courthouse and the specific list of electronics each individual plans to bring. The motions shall be accompanied by proposed orders, which shall be emailed in Word format to matthewman@flsd.uscourts.gov. Additionally, the Undersigned's Courtroom Deputy is available to provide a tour of the courtroom on June 14 or June 15, 2023 only. No other dates will be made available. If they wish such a tour, the parties shall promptly confer and notify Shanda Walker at (561)803-3418 as to which date and time is mutually agreeable to the parties. Signed by Magistrate Judge William Matthewman on 6/6/2023. (no00)
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| Filing 106 PRETRIAL STIPULATION by Fredy Davila (Attachments: #1 Exhibit Plaintiffs Exhibit & Witness list, #2 Exhibit Defendants Exhibit & Witness list)(Sconzo, Gregory) |
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Filing 105
PAPERLESS ORDER denying as moot #98 Defendants' Motion for Extension of Time to Comply with the Order after May 17, 2023 Hearing and Setting Evidentiary Hearing. Defendants shall comply with the deadlines set in the Court's June 1, 2023 Order [DE 104]. Signed by Magistrate Judge William Matthewman on 6/1/2023. (no00)
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Filing 104
ORDER AFTER MAY 31, 2023 EVIDENTIARY HEARING. Signed by Magistrate Judge William Matthewman on 6/1/2023. See attached document for full details. (swr)
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| Filing 103 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Evidentiary Hearing held on 5/31/2023 Witness Wilder Morales; William Lindsey testified. Court Heard Argument. Written Order will be Issued. Total time in court: 01 hour(s) : 29 minutes. Attorney Appearance(s): Aron Smukler, Gregory Steven Sconzo, Court Reporter: Laura Melton, 305-523-5633 / Laura_Melton@flsd.uscourts.gov. (Digital 13:01:20; 14:30:47) (swr) |
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Filing 102
PAPERLESS ORDER: The Court has carefully reviewed Defendants' Motion for Extension of Time to Comply with the Order after May 17, 2023 Hearing and Setting Evidentiary Hearing [DE 98]. The Court will address the pending Motion at the evidentiary hearing previously set for 1:00 p.m. on May 31, 2023. Additionally, the parties are advised that, to the extent Defendants have allegedly failed to produce any court-ordered discovery, and in the event the Court so finds, the Court will consider all possible sanctions. This includes, but is not limited to, striking the pleadings (i.e. Defendants' affirmative defenses), entering default judgment against Defendants, and imposing an additional award of reasonable expenses against Defendants. Signed by Magistrate Judge William Matthewman on 5/30/2023. (no00)
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| Filing 101 NOTICE by Fredy Davila re #97 Order,, Set/Reset Deadlines/Hearings, #98 Defendant's MOTION for Extension of Time to Comply with the Order After May 17, 2023 Hearing and Setting Evidentiary Hearing re #97 Order,, Set/Reset Deadlines/Hearings, Joint Second Amended (Attachments: #1 Exhibit May 19 Conferral, #2 Exhibit Email Chain, #3 Exhibit May 26 Conferral, #4 Exhibit May 29 Conferral) (Sconzo, Gregory) |
| Filing 100 NOTICE by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales re #97 Order,, Set/Reset Deadlines/Hearings, #99 Notice (Other), Amended Joint Notice (Smukler, Aron) |
| Filing 99 NOTICE by Fredy Davila re #97 Order,, Set/Reset Deadlines/Hearings, #98 Defendant's MOTION for Extension of Time to Comply with the Order After May 17, 2023 Hearing and Setting Evidentiary Hearing re #97 Order,, Set/Reset Deadlines/Hearings, Joint (Attachments: #1 Exhibit May 19 Conferral, #2 Exhibit Email Chain, #3 Exhibit May 26 Conferral, #4 Exhibit May 29 Conferral) (Sconzo, Gregory) |
| Filing 98 Defendant's MOTION for Extension of Time to Comply with the Order After May 17, 2023 Hearing and Setting Evidentiary Hearing re #97 Order,, Set/Reset Deadlines/Hearings, by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Responses due by 6/9/2023 (Smukler, Aron) |
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Filing 97
ORDER AFTER MAY 17, 2023 HEARING AND SETTING EVIDENTIARY HEARING, ( Pretrial Stipulation is extended until 6/2/2023., In-person Evidentiary Hearing set for 5/31/2023 at 01:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman.) Signed by Magistrate Judge William Matthewman on 5/18/2023. See attached document for full details. (swr)
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| Filing 96 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: In-person Status Conference held on 5/17/2023. The Court discussed the status of Defendants' discovery production, the amount of attorney's fees to be awarded to Plaintiff and the upcoming specially set June 26, 2023 jury trial. Argument held. Written Order will be issued. The parties must file a Joint Notice on or before May 29, 2023 advising the Court what issues remain in dispute. Total time in court: 40 minutes. Attorney Appearance(s): Gregory Steven Sconzo, Aron Smukler. (Digital 15:27:22; 16:09:48) (swr) |
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Filing 95
PAPERLESS ORDER: Upon Defendants' counsel's telephonic request to Chambers and upon the parties' agreement, the in-person hearing previously set for 2:30 p.m. on May 17, 2023 [DE 92] is hereby re-scheduled for 3:30 p.m. on May 17, 2023. **TIME CHANGE ONLY** Signed by Magistrate Judge William Matthewman on 5/16/2023. (no00)
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Filing 94
ORDER ON PLAINTIFFS MOTION FOR SUMMARY JUDGMENT [DE 64] denying #64 Motion for Summary Judgment. Signed by Magistrate Judge William Matthewman on 5/10/2023. See attached document for full details. (swr)
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Filing 93
ORDER SETTING IN-PERSON HEARING AND DENYING DEFENDANTS' MOTION FOR EXTENSION OF TIME TO COMPLY WITH THE ORDER ON PLAINTIFF'S MOTIONS TO COMPEL [DE 91] denying #91 Motion for Extension of Time. In-person Status Conference set for 5/17/2023 at 02:30 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 5/9/2023. See attached document for full details. (swr)
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| Filing 92 RESPONSE in Opposition re #91 Defendant's MOTION for Extension of Time to Comply with Court Order re #83 Order on Motion to Compel,,, 87 Order on Motion for Extension of Time,, filed by Fredy Davila. Replies due by 5/15/2023. (Attachments: #1 Exhibit Email Conferral)(Sconzo, Gregory) |
| Filing 91 Defendant's MOTION for Extension of Time to Comply with Court Order re #83 Order on Motion to Compel,,, 87 Order on Motion for Extension of Time,, by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Responses due by 5/22/2023 (Smukler, Aron) |
| Filing 90 Plaintiff's REPLY to #85 Response in Opposition to Motion for Summary Judgment by Fredy Davila. (Sconzo, Gregory) |
| Filing 89 Plaintiff's REPLY to Defendants' Statement of Additional Undisputed Material Facts by Fredy Davila. (Attachments: #1 Exhibit, #2 Exhibit)(Sconzo, Gregory) |
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Filing 88
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION IN LIMINE [DE 62] granting in part and denying in part #62 Motion in Limine. Signed by Magistrate Judge William Matthewman on 5/3/2023. See attached document for full details. (swr)
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Filing 87
PAPERLESS ORDER granting in part and denying in part #86 Defendants' Motion for Extension of Time to Comply with the Order on Plaintiff's Motion to Compel. The Court notes that Plaintiff objects to the relief sought but finds good cause to grant a brief extension. It is hereby ORDERED that Defendants shall provide Plaintiff with all amended discovery responses and document production per the Court's April 26, 2023 Order [DE 83] on or before May 7, 2023. The Court wants this case to move forward expeditiously. Signed by Magistrate Judge William Matthewman on 5/3/2023. (no00)
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| Filing 86 Defendant's MOTION for Extension of Time TO COMPLY WITH THE ORDER ON MOTION TO COMPEL re #83 Order on Motion to Compel,,, by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Responses due by 5/16/2023 (Smukler, Aron) |
| Filing 85 RESPONSE in Opposition re #64 Plaintiff's MOTION for Summary Judgment filed by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Replies due by 5/8/2023. (Smukler, Aron) |
| Filing 84 Defendant's RESPONSE to #63 Statement and Statement of Additional Undisputed Facts by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Smukler, Aron) |
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Filing 83
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTIONS TO COMPEL [DEs 77, 78] granting in part and denying in part #77 Motion to Compel; granting in part and denying in part #78 Motion to Compel. All amended discovery responses and document production are due on or before May 2, 2023. Signed by Magistrate Judge William Matthewman on 4/26/2023. See attached document for full details. (swr)
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| Filing 82 RESPONSE in Opposition re #62 Plaintiff's MOTION in Limine filed by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Replies due by 5/2/2023. (Smukler, Aron) |
| Filing 81 RESPONSE in Opposition re #78 Plaintiff's MOTION to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's Second Request for Production filed by Luxury Wood Floors Inc. Replies due by 5/2/2023. (Smukler, Aron) |
| Filing 80 RESPONSE in Opposition re #77 Plaintiff's MOTION to Compel Defendant, Artisan Hardwoods, LLC's Response to Plaintiff's Second Request for Production filed by Artisan Hardwoods, LLC. Replies due by 5/2/2023. (Smukler, Aron) |
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Filing 79
PAPERLESS ORDER EXPEDITING RESPONSE DEADLINES: The Court has carefully reviewed Plaintiff's Motions to Compel [DEs 77-78]. In light of the upcoming pretrial deadlines and the June trial date in this case, the Court finds it necessary to expedite the deadline for the responses to the motions. Defendants shall respond to the motions on or before April 25, 2023, and no replies shall be filed at this time. The Court shall seriously consider the imposition of sanctions or cost-shifting against any party or counsel who fails to comply with all discovery obligations, fails to comply with applicable rules and orders, or who takes a frivolous, dilatory, or unreasonable discovery position. Signed by Magistrate Judge William Matthewman on 4/24/2023. (no00)
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| Filing 78 Plaintiff's MOTION to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's Second Request for Production by Fredy Davila. Responses due by 5/5/2023 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Sconzo, Gregory) |
| Filing 77 Plaintiff's MOTION to Compel Defendant, Artisan Hardwoods, LLC's Response to Plaintiff's Second Request for Production by Fredy Davila. Responses due by 5/5/2023 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Sconzo, Gregory) |
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Filing 76
PAPERLESS ORDER granting in part and denying in part #74 Defendants' Motion for Extension of Time to Respond to Plaintiff's Motion for Summary Judgment and Statement of Undisputed Material Facts. Defendants are seeking a two-week extension, which would result in a response deadline of May 10, 2023, and a reply deadline of May 17, 2023. The Joint Pretrial Stipulation is due on May 26, 2023, the Calendar Call is scheduled for June 14, 2023, and the special set jury trial is scheduled to commence on June 26, 2023. The Court will not extend the response deadline as requested given the deadlines in this case (which were set back in October 2022), the Court's current workload, and the possible need for a hearing on the motion for summary judgment. Simply put, no good cause has been shown for such a lengthy extension. According to Defendants' Motion, Plaintiff does not oppose a 3-day extension, and the Court does find that there is good cause to extend the deadline by three days. Therefore, Defendants shall file their response to Plaintiff's Motion for Summary Judgment and Statement of Undisputed Material Facts on or before May 1, 2023. Signed by Magistrate Judge William Matthewman on 4/19/2023. (no00)
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| Filing 75 Defendant's RESPONSE to #52 Statement by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. (Smukler, Aron) |
| Filing 74 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #63 Statement, #64 Plaintiff's MOTION for Summary Judgment by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. (Smukler, Aron) |
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Filing 73
ORDER denying #57 Motion to Compel; denying #59 Motion to Compel. These denials are without prejudice to Plaintiff refiling the motions, if necessary, after good-faith, personal conferral between counsel for the parties. The parties shall confer on or before April 20, 2023. Any renewed motions shall be filed on or before April 21, 2023. Signed by Magistrate Judge William Matthewman on 4/18/2023. See attached document for full details. (swr)
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Filing 72
ORDER granting #61 Motion in Limine. Signed by Magistrate Judge William Matthewman on 4/14/2023. See attached document for full details. (pc)
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| Filing 71 REPLY to Response to Motion re #57 MOTION to Compel Response to Plaintiff's Second Request for Production to Artisan filed by Fredy Davila. (Attachments: #1 Exhibit Email Conferral)(Sconzo, Gregory) |
| Filing 70 REPLY to #69 Response in Opposition to Motion Luxury by Fredy Davila. (Attachments: #1 Exhibit Email Conferral)(Sconzo, Gregory) |
| Filing 69 RESPONSE in Opposition re #59 MOTION to Compel Response to Plaintiff's Second Request for Production to Luxury filed by Luxury Wood Floors Inc. Replies due by 4/21/2023. (Smukler, Aron) |
| Filing 68 RESPONSE in Opposition re #57 MOTION to Compel Response to Plaintiff's Second Request for Production to Artisan filed by Artisan Hardwoods, LLC. Replies due by 4/21/2023. (Smukler, Aron) |
| Filing 67 NOTICE OF WITHDRAWAL OF MOTION by Fredy Davila re #56 MOTION to Compel Response to Plaintiff's Second Request for Admissions to Artisan filed by Fredy Davila (Sconzo, Gregory) |
| Filing 66 NOTICE OF WITHDRAWAL OF MOTION by Fredy Davila re #58 MOTION to Compel Response to Plaintiff's Second Request for Admissions to Luxury filed by Fredy Davila (Sconzo, Gregory) |
| Filing 65 RESPONSE to Motion re #61 Defendant's MOTION in Limine No Opposition to Motion filed by Fredy Davila. Replies due by 4/21/2023. (Sconzo, Gregory) |
| Filing 64 Plaintiff's MOTION for Summary Judgment by Fredy Davila. Responses due by 4/26/2023 (Sconzo, Gregory) |
| Filing 63 Statement of: Undisputed Material Facts by Fredy Davila (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Sconzo, Gregory) |
| Filing 62 Plaintiff's MOTION in Limine by Fredy Davila. (Sconzo, Gregory) |
| Filing 61 Defendant's MOTION in Limine by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. (Smukler, Aron) |
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Filing 60
PAPERLESS ORDER EXPEDITING BRIEFING ON MOTIONS: The Court has carefully reviewed Plaintiff's four Motions to Compel [DEs 56-59]. In light of the April 12, 2023 dispositive motion deadline and the June trial date in this case, the Court finds it necessary to expedite briefing on the four discovery motions. Defendants shall file responses to the motions on or before NOON on April 14, 2022 and Plaintiff shall file replies on or before 5 p.m. on April 17, 2023. The Court will then promptly rule on the papers. The parties are advised that this briefing schedule shall not be extended absent the most compelling and extraordinary circumstances. Further, the trial date in this case which has been specially set for June 26, 2023, and the dispositive motion deadline of today shall NOT be continued despite this dispute which has erupted at this late date. The Court also advises Defendants that it would reject the argument that, since the discovery deadline has passed, Defendants have no obligation to provide amended responses or documents. The Court intends to promptly rule on these last-minute discovery disputes, and the Court directs the parties' counsel to forthwith attempt in good faith to resolve them, or the Court will. The Court shall also seriously consider the imposition of sanctions or cost-shifting against any party or counsel who fails to comply with all discovery obligations, fails to comply with applicable rules and orders, or who takes a frivolous, dilatory, or unreasonable discovery position. Signed by Magistrate Judge William Matthewman on 4/12/2023. (no00)
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| Filing 59 MOTION to Compel Response to Plaintiff's Second Request for Production to Luxury by Fredy Davila. Responses due by 4/25/2023 (Attachments: #1 Exhibit A. RFP to Luxury, #2 Exhibit B. Response to RFP, #3 Exhibit C. Conferral Letter)(Sconzo, Gregory) |
| Filing 58 MOTION to Compel Response to Plaintiff's Second Request for Admissions to Luxury by Fredy Davila. Responses due by 4/25/2023 (Attachments: #1 Exhibit A. RFA to Luxury, #2 Exhibit B. Response to RFA, #3 Exhibit C. Conferral Letter)(Sconzo, Gregory) |
| Filing 57 MOTION to Compel Response to Plaintiff's Second Request for Production to Artisan by Fredy Davila. Responses due by 4/25/2023 (Attachments: #1 Exhibit A. RFP to Artisan, #2 Exhibit B. Response to RFP, #3 Exhibit C. Conferral Letter)(Sconzo, Gregory) |
| Filing 56 MOTION to Compel Response to Plaintiff's Second Request for Admissions to Artisan by Fredy Davila. Responses due by 4/25/2023 (Attachments: #1 Exhibit A. RFA to Artisan, #2 Exhibit B. Response to RFA, #3 Exhibit C. Conferral Letter)(Sconzo, Gregory) |
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Filing 55
PAPERLESS ORDER DECLARING IMPASSE: The Court conducted a settlement conference in this case on April 6, 2023. After adjourning, the parties were to continue to negotiate and advise the Court by April 10th at 5:00 PM whether a settlement was reached. The parties have advised that they were unable to reach a settlement. Accordingly, the Court declares an impasse. Signed by Magistrate Judge Ryon M. McCabe on 4/11/2023. (mw00)
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Filing 54
PAPERLESS ORDER: This matter is before the Court sua sponte. In light of U.S. Magistrate Judge Ryon M. McCabe's adjournment of the settlement negotiations until Monday, April 10, 2023, and in order to facilitate those discussions, the Court hereby extends the pretrial motion deadline from April 10, 2023 to 5:00 p.m. on Wednesday, April 12, 2023. No further extensions will be granted absent extraordinary circumstances. Signed by Magistrate Judge William Matthewman on 4/6/2023. (no00)
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Filing 53
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe and MINUTE ORDER. Settlement Conference held on 4/6/2023. Good faith negotiations held. Settlement conference adjourned. By or before 5:00 PM on April 10, 2023, the parties shall contact the undersigned's Chambers to advise of the status of the settlement. Total time in court: 2 hour(s) : 30 minutes. Attorney Appearance(s): Aron Smukler, Gregory Steven Sconzo. (Digital Zoom Video Recording Start Time: 1:05 p.m). Signed by Magistrate Judge Ryon M. McCabe on 4/6/2023. (jb02)
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| Filing 52 Statement of: Claim by Fredy Davila (Attachments: #1 Exhibit)(Sconzo, Gregory) |
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Filing 51
ORDER. Zoom Settlement Conference set for 4/6/2023 01:00 PM in West Palm Beach Division before Magistrate Judge Ryon M. McCabe. The Parties' confidential settlement memoranda shall be submitted by 5:00 P.M. on Wednesday, April 5, 2023. Signed by Magistrate Judge Ryon M. McCabe on 4/4/2023. See attached document for full details. (mw00)
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Filing 50
PAPERLESS ORDER: This matter has been referred to the undersigned for a settlement conference [DE 49]. The parties shall contact the undersigned's Chambers by telephone (561-803-3470) or by email (McCabe@flsd.uscourts.gov) with three mutually agreed upon dates for a settlement conference in accordance with the Court's Order [DE 49]. The settlement conference should take place on or before April 10, 2023. Unless both parties agree otherwise, the settlement conference will be conducted via Zoom. If both parties prefer an in-person settlement conference, please advise Chambers. Signed by Magistrate Judge Ryon M. McCabe on 3/31/2023. (mw00)
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Filing 49
PAPERLESS ORDER REFERRING CASE to the Honorable United States Magistrate Judge Ryon M. McCabe for Settlement Conference: This matter is before the Court pursuant to the parties' Joint Motion Requesting Settlement Conference [DE 48]. As the parties are in agreement that a settlement conference before a United States Magistrate Judge might be fruitful, and in light of the quickly approaching dispositive motion deadline and June 26, 2023 jury trial in this case, the Motion #48 is GRANTED. The Undersigned hereby respectfully refers this matter for a settlement conference to U.S. Magistrate Judge McCabe, who has graciously agreed to conduct a settlement conference in this case. Accordingly, the parties are ORDERED to promptly contact the Chambers of Judge McCabe by telephone (561-803-3470) or by email (McCabe@flsd.uscourts.gov) so he can schedule a date and time for the settlement conference to be held by Zoom Video Teleconference or other means as determined by Judge McCabe. If Judge McCabe is not able to schedule the settlement conference on or before April 10, 2023, the settlement conference will be set at any time convenient to Judge McCabe's schedule. The parties are directed to follow all orders and procedures of Judge McCabe regarding the settlement conference. Signed by Magistrate Judge William Matthewman on 3/31/2023. (no00)
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| Filing 48 Joint MOTION for Settlement Conference by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Responses due by 4/14/2023 (Smukler, Aron) |
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Filing 47
PAPERLESS ORDER granting in part and denying in part #44 Defendants' Motion for Extension of Time to File Pretrial Motions. The Court has carefully reviewed the Motion and Plaintiff's Response [DE 46]. The Court finds good cause to extend the pretrial motion deadline to April 10, 2023, but the Court will not extend it to the April 17, 2023 date requested by Defendants. Additionally, the parties are required to proceed to mediation by April 10, 2023, as required by the Amended Order Setting Trial and Pretrial Deadlines [DE 32]. If the parties jointly request a settlement conference before a U.S. Magistrate Judge, the Court will inquire to determine if a Magistrate Judge is available to hold a settlement conference. The parties are reminded that the jury trial in this case will commence on Monday, June 26, 2023. The Court specially set the trial date back on October 31, 2022, with the parties' input, and the Court will not freely continue pretrial deadlines or the trial date. Signed by Magistrate Judge William Matthewman on 3/30/2023. (no00)
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| Filing 46 RESPONSE in Opposition re #44 Defendant's MOTION for Extension of Time to File Pretrial Motions filed by Fredy Davila. Replies due by 4/6/2023. (Sconzo, Gregory) |
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Filing 45
PAPERLESS ORDER EXPEDITING REPONSE TO MOTION: The Court has carefully reviewed Defendants' Motion for Extension of Time to File Pretrial Motions [DE 44]. In light of the representation in the Certificate of Good Faith Conference that the Motion is opposed and in light of the upcoming pretrial motion deadline of April 3, 2023, Plaintiff shall file a response to the Motion on or before NOON on March 31, 2023. No reply shall be filed unless ordered by the Court. Signed by Magistrate Judge William Matthewman on 3/29/2023. (no00)
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| Filing 44 Defendant's MOTION for Extension of Time to File Pretrial Motions by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Responses due by 4/12/2023 (Smukler, Aron) |
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Filing 43
PAPERLESS ORDER: The Court has carefully reviewed the parties' Second Joint Notice [DE 42], which states that the "discovery disputes have been fully resolved." The Court appreciates the cooperation and professionalism of counsel in resolving these discovery disputes. Based on the foregoing, Plaintiff's Motion to Compel Defendant, Artisan Hardwoods, LLC's Responses to Plaintiff's First Request for Production and First Set of Interrogatories #33 is DENIED AS MOOT, and Plaintiff's Second Motion to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's First Request for Production and Motion to Compel Defendant, Luxury Wood Floor Inc.'s Answers to Plaintiff's First Set of Interrogatories #34 is DENIED AS MOOT. Signed by Magistrate Judge William Matthewman on 12/27/2022. (no00)
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| Filing 42 NOTICE by Fredy Davila re 41 Order,,,,,, Terminate Hearings,,,,, Joint (Sconzo, Gregory) |
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Filing 41
PAPERLESS ORDER: The Court has carefully reviewed the parties' Joint Notice [DE 40]. In light of the fact that the parties have narrowed the discovery disputes and have agreed that Defendants have until December 21, 2022, to provide responsive documents and/or amended or supplemental responses to certain discovery requests, the hearing scheduled for December 19, 2022 at 11:00 a.m. is CANCELED. The Court appreciates the parties' cooperation and professionalism. On or before December 27, 2022, the parties shall file an additional Joint Notice advising whether the discovery disputes have been fully resolved, and if not, what specific issues remain for determination by the Court and a brief recitation of the position of the parties on each specific issue. The Court will then determine whether to set a further hearing on Plaintiff's Motion to Compel Defendant, Artisan Hardwoods, LLC's Responses to Plaintiff's First Request for Production and First Set of Interrogatories [DE 33] and Plaintiff's Second Motion to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's First Request for Production and Motion to Compel Defendant, Luxury Wood Floor Inc.'s Answers to Plaintiff's First Set of Interrogatories [DE 34] or rule on the papers. Signed by Magistrate Judge William Matthewman on 12/15/2022. (no00)
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| Filing 40 NOTICE by Fredy Davila re 39 Order,,,,,,,,, Set/Reset Motion/R&R Deadlines and Hearings,,,,,,,, (Sconzo, Gregory) |
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Filing 39
PAPERLESS ORDER REQUIRING JOINT NOTICE AND SETTING HEARING: The Court has carefully reviewed Plaintiff's Motion to Compel Defendant, Artisan Hardwoods, LLC's Responses to Plaintiff's First Request for Production and First Set of Interrogatories [DE 33] and Plaintiff's Second Motion to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's First Request for Production and Motion to Compel Defendant, Luxury Wood Floor Inc.'s Answers to Plaintiff's First Set of Interrogatories [DE 34], which motions are both fully briefed. It is clear from the parties' papers that they have not sufficiently conferred regarding the discovery disputes, as required by the Court's Order Setting Discovery Procedure [DE 24] and the Southern District of Florida Local Rules. Therefore, the parties' counsel are ORDERED to confer, either in person or by telephone, in good faith and for as long as necessary to address the pending discovery disputes in an effort to resolve them. Thereafter, counsel for the parties shall file, on or before December 14, 2022, a Joint Notice advising whether the discovery disputes have been resolved, and if not, what specific issues remain for determination by the Court and a brief recitation of the position of the parties on each specific issue. The Court shall then conduct a hearing on Plaintiff's Motions [DE 33; DE 34] via Zoom video teleconference (VTC) on December 19, 2022, at 11:00 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 shall consider sanctions or cost-shifting against any party or counsel who fails to comply with all discovery obligations, fails to comply with applicable rules and orders, or who takes a frivolous, dilatory, or unreasonable discovery position. If the parties resolve the disputes raised in whole or in part prior to the hearing, the Court shall be promptly notified. Signed by Magistrate Judge William Matthewman on 12/9/2022. (no00)
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| Filing 38 Plaintiff's REPLY to Response to Motion re #33 Plaintiff's MOTION to Compel Defendant, Artisan Hardwoods, LLC's Responses to Plaintiff's First Request for Production and First Set of Interrogatories filed by Fredy Davila. (Sconzo, Gregory) |
| Filing 37 Plaintiff's REPLY to Response to Motion re #34 Second MOTION to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's First Request for Production and Motion to Compel Defendant, Luxury Wood Floors Inc.'s Answers to Plaintiff's First Set of Interrogatories < filed by Fredy Davila. (Sconzo, Gregory) |
| Filing 36 RESPONSE in Opposition re #33 Plaintiff's MOTION to Compel Defendant, Artisan Hardwoods, LLC's Responses to Plaintiff's First Request for Production and First Set of Interrogatories filed by Artisan Hardwoods, LLC. Replies due by 12/13/2022. (Smukler, Aron) |
| Filing 35 RESPONSE in Opposition re #34 Second MOTION to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's First Request for Production and Motion to Compel Defendant, Luxury Wood Floors Inc.'s Answers to Plaintiff's First Set of Interrogatories < filed by Luxury Wood Floors Inc. Replies due by 12/13/2022. (Smukler, Aron) |
| Filing 34 Second MOTION to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's First Request for Production and Motion to Compel Defendant, Luxury Wood Floors Inc.'s Answers to Plaintiff's First Set of Interrogatories by Fredy Davila. Responses due by 12/13/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Sconzo, Gregory) |
| Filing 33 Plaintiff's MOTION to Compel Defendant, Artisan Hardwoods, LLC's Responses to Plaintiff's First Request for Production and First Set of Interrogatories by Fredy Davila. Responses due by 12/13/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Sconzo, Gregory) |
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Filing 32
Amended Order Setting Jury Trial and Pretrial Deadlines: Jury Trial set for 6/26/2023 09:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman. Calendar Call set for 6/14/2023 01:00 PM in West Palm Beach Division before Magistrate Judge William Matthewman. Expert Discovery due by 3/31/2023. Fact Discovery due by 3/31/2023. Mediation Deadline 4/10/2023. In Limine Motions due by 4/3/2023. Dispositive Motions due by 4/3/2023. Motions due by 4/3/2023. Pretrial Stipulation due by 5/26/2023. Signed by Magistrate Judge William Matthewman on 10/31/2022. See attached document for full details. (pc) #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 31 Joint NOTICE by Fredy Davila of Filing Proposed Scheduling Order (Attachments: #1 Text of Proposed Order) (Sconzo, Gregory) Modified Text on 10/27/2022 (ls). |
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Filing 30
PAPERLESS ORDER: As stated at the October 25, 2022 status conference, Plaintiff's Motion to Compel Defendant, Luxury Wood Floor Inc.'s Response to Plaintiff's First Request for Production #26 is GRANTED to the extent that Defendant Luxury Wood Floor Inc. is ORDERED to fully and completely respond to Plaintiff's First Request for Production on or before November 4, 2022. Defendant's discovery responses shall not contain any boilerplate objections and shall provide specific responses. If Defendant asserts any privilege, it shall produce a privilege log on or before November 4, 2022. The Court reserves ruling on whether or not to impose sanctions and/or cost-shifting against Defendant and/or its counsel per Federal Rule of Civil Procedure 37(a)(5)(A). Further, failure to comply with this Order may result in all sanctions authorized under the applicable rules and the inherent authority of this Court against both Defendant and its counsel. The Court expects all parties and their counsel to be cooperative and diligent during the discovery process. Signed by Magistrate Judge William Matthewman on 10/26/2022. (no00)
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| Filing 29 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Status Conference held on 10/25/2022. The Court discussed possible trial dates. The Court will specially set the Jury Trial for June 26, 2023 at 9:00 a.m. The estimated length for the jury trial is 3-4 days. Counsel will submit a proposed scheduling order on or before Monday, October 31, 2022. The Court addressed the pending Plaintiff's Motion to Compel [DE 26]. The Court granted the motion in part and will require Defendant's response to Plaintiff's First Request to Compel on or before November 4, 2022. Written order will be issued. Total time in court: 13 minutes. Attorney Appearance(s): Gregory Steven Sconzo, Aron Smukler. (Digital 14:30:38) (kza) |
| Filing 28 NOTICE of Change of Address, Email or Law Firm Name by Aron Smukler (Smukler, Aron) |
| Filing 27 NOTICE of Attorney Appearance by Aron Smukler on behalf of Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Attorney Aron Smukler added to party Artisan Hardwoods, LLC(pty:dft), Attorney Aron Smukler added to party William S. Lindsey(pty:dft), Attorney Aron Smukler added to party Luxury Wood Floors Inc(pty:dft), Attorney Aron Smukler added to party Wilder L. Morales(pty:dft). (Smukler, Aron) |
| Hearings before U.S. District Judge Donald M. Middlebrooks are terminated per #23 ORDER REFERRING CASE to Magistrate Judge William Matthewman for all further proceedings. (jao) |
| Filing 26 Plaintiff's MOTION to Compel Defendant, Luxury Wood Floors Inc.'s Response to Plaintiff's First Request for Production by Fredy Davila. Responses due by 10/27/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Sconzo, Gregory) |
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Filing 25
PAPERLESS ORDER: THIS CAUSE is now set before the Undersigned United States Magistrate Judge for all further purposes, including trial. [DE 22; DE 23]. Being fully advised in the premises, the Court hereby ORDERS that a status conference shall be held on October 25, 2022, at 2:30 p.m., to take place via Zoom Video Teleconference (VTC). To log in through ZoomGov Meeting, use 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 10/12/2022. (no00)
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Filing 24
Order Setting Discovery Procedure. Signed by Magistrate Judge William Matthewman on 10/12/2022. See attached document for full details. (pc)
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Filing 23
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 10/7/2022. See attached document for full details. (pc)
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| Filing 22 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Fredy Davila (Sconzo, Gregory) |
| Filing 21 Joint REPORT REGARDING Settlement by Fredy Davila (Sconzo, Gregory) Modified Text on 7/27/2022 (ls). |
| Filing 20 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Daniel R Levine as Mediator. Mediation Hearing set for 10/6/2022 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Sconzo, Gregory) |
| Filing 19 Joint SCHEDULING REPORT - Rule 26(f) by Fredy Davila (Sconzo, Gregory) |
| Filing 18 RESPONSE to #13 Statement of Claim by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. (Amit, Adi) |
| Filing 17 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. (Amit, Adi) |
| Filing 16 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales (Amit, Adi) |
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Filing 15
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Amended Pleadings due by 7/15/2022., Discovery due by 11/4/2022., Fact Discovery due by 11/4/2022., Expert Discovery due by 11/4/2022., Joinder of Parties due by 7/15/2022., In Limine Motions due by 11/18/2022., Dispositive Motions due by 11/18/2022., Motions due by 11/18/2022., Jury Trial set for 1/17/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 1/11/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 7/8/2022. See attached document for full details. (pc) #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 14 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 07/08/2022. The Court discussed 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: 17 minutes. Attorney Appearance(s): Samantha Lyn Simpson, Adi Amit. (Digital 09:00:44) (kza) |
| Set Deadline: Pretrial Stipulation due by 12/20/2022. Per Order DE #15 . (pc) |
| Filing 13 Statement of: Claim by Fredy Davila (Attachments: #1 Exhibit)(Sconzo, Gregory) |
| Set/Reset Deadlines/Hearings per DE 11 Order. Artisan Hardwoods, LLC response/answer due 7/12/2022; William S. Lindsey response/answer due 7/12/2022; Luxury Wood Floors Inc response/answer due 7/12/2022; Wilder L. Morales response/answer due 7/12/2022. (amb) |
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Filing 12
ORDER SETTING FLSA SCHEDULE: re #6 Scheduling Order, Order Referring Case to Magistrate Judge. Signed by Magistrate Judge William Matthewman on 6/28/2022. See attached document for full details. (pc)
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Filing 11
PAPERLESS ORDER granting #9 Defendants' Unopposed Motion for Extension of Time. Defendants' deadline to respond to the Complaint is today, June 28, 2022. (DE #4 ; DE #5 ). Defendants seek to extend this deadline to July 12, 2022, citing that counsel was "just retained" and has not been able to meet with the clients to prepare a response. In the interest of allowing counsel to confer with his clients, and because the relief requested is not opposed, I will grant Defendants' Motion. Accordingly, Defendants' deadline to respond to the Complaint is extended to July 12, 2022. Signed by Judge Donald M. Middlebrooks on 6/28/2022. (jnk)
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| Filing 10 Amended SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fredy Davila. (Sconzo, Gregory) Modified Text on 6/29/2022 (ls). |
| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. (Attachments: #1 Text of Proposed Order)(Amit, Adi) |
| Filing 8 NOTICE of Attorney Appearance by Adi Amit on behalf of Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. Attorney Adi Amit added to party Artisan Hardwoods, LLC(pty:dft), Attorney Adi Amit added to party William S. Lindsey(pty:dft), Attorney Adi Amit added to party Luxury Wood Floors Inc(pty:dft), Attorney Adi Amit added to party Wilder L. Morales(pty:dft). (Amit, Adi) |
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Filing 7
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 7/8/2022 at 9:00 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 6/28/2022. (cpe)
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Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 1/17/2023 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/11/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 6/27/2022. See attached document for full details. (pc) #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 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fredy Davila. Artisan Hardwoods, LLC served on 6/7/2022, response/answer due 6/28/2022. (Sconzo, Gregory) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Fredy Davila. William S. Lindsey served on 6/7/2022, response/answer due 6/28/2022. (Sconzo, Gregory) |
| Filing 3 Summons Issued as to Artisan Hardwoods, LLC, William S. Lindsey, Luxury Wood Floors Inc, Wilder L. Morales. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s))(pc) |
| 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. (pc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15654483, filed by Fredy Davila. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Artisan Hardwoods LLC, #3 Summon(s) Luxury Wood Floors Inc, #4 Summon(s) Wilder Morales, #5 Summon(s) William Lindsey, #6 Exhibit)(Sconzo, Gregory) |
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