SCROFANO v. Counselors Title Company, LLC
Plaintiff: STEVEN SCROFANO
Defendant: Counselors Title Company, LLC d/b/a Kempe, David C Tassell and Counselors Title Company, LLC doing business as Kempe
Case Number: 9:2022cv81076
Filed: July 22, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: William Matthewman
Referring Judge: Donald M Middlebrooks
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332 Diversity
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2022 Filing 18 Joint SCHEDULING REPORT - Rule 26(f) by STEVEN SCROFANO (Renza, Melissa)
September 8, 2022 Opinion or Order Filing 17 PAPERLESS ORDER regarding #16 Plaintiff's Notice of Unavailability. Counsel for Plaintiff filed a notice of unavailability, therein representing that she will be unavailable from September 19, 2022 through November 28, 2022 due to maternity leave. The Notice requests that no hearings, court appearances, or depositions that would require an appearance on those dates be scheduled, and that she not be required to respond to any "motions, pleadings and/or other papers" during this time frame. I decline to extend any deadlines, or grant any continuance, based upon counsel's Notice of Unavailability. Pursuant to Federal Rule of Civil Procedure 7(b)(1), "[a] request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b)(1). Counsel's "Notice of Unavailability" is not a motion and therefore I will not take any action upon it. Plaintiff is free to file any motion to extend a specific deadline and I will consider it. With respect to any forthcoming motion on this issue, I note that I view maternity leave as good cause to modify trial dates and/or litigation deadlines where counsel is the sole attorney representing a client on a particular case. Where co-counsel participates in the representation, additional explanation may be required regarding the need for a requested extension. Also, I note that at any time, the Parties may consent to jurisdiction before the paired Magistrate Judge, who generally affords litigants greater flexibility in scheduling. Signed by Judge Donald M. Middlebrooks on 9/8/2022. (kal)
September 6, 2022 Filing 16 NOTICE OF UNAVAILABILITY by STEVEN SCROFANO for dates of 9/19/22 - 11/28/22 (Renza, Melissa)
August 26, 2022 Opinion or Order Filing 15 PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 10/9/2022. Discovery due by 1/26/2023. Fact Discovery due by 1/26/2023. Expert Discovery due by 1/26/2023. Joinder of Parties due by 10/9/2022. In Limine Motions due by 2/9/2023. Dispositive Motions due by 2/9/2023. Motions due by 2/9/2023. Pretrial Stipulation due by 3/13/2023. Signed by Magistrate Judge William Matthewman on 8/26/2022. See attached document for full details. (scn)
August 26, 2022 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 08/26/2022. The Court discussed whether parties would be added, there are no motions pending, 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, discovery and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 21 minutes. Attorney Appearance(s): Melissa Sue Renza, Michael Peter De Simone. (Digital 13:30:54) (kza)
August 25, 2022 Filing 13 NOTICE of Attorney Appearance by Michael Peter De Simone on behalf of Counselors Title Company, LLC, David C Tassell. Attorney Michael Peter De Simone added to party Counselors Title Company, LLC (pty:dft), Attorney Michael Peter De Simone added to party David C Tassell(pty:dft). (De Simone, Michael)
August 22, 2022 Filing 12 NOTICE of Attorney Appearance by Melissa Sue Renza on behalf of STEVEN SCROFANO. Attorney Melissa Sue Renza added to party STEVEN SCROFANO(pty:pla). (Renza, Melissa)
August 15, 2022 Opinion or Order Filing 11 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/26/2022 at 1:30 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed 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 8/15/2022. (cpe)
August 12, 2022 Filing 10 WAIVER OF SERVICE Returned Executed by STEVEN SCROFANO. Counselors Title Company, LLC waiver sent on 8/8/2022, response/answer due 10/7/2022. (Carothers, Barry)
August 12, 2022 Filing 9 WAIVER OF SERVICE Returned Executed by STEVEN SCROFANO. David C Tassell waiver sent on 8/8/2022, response/answer due 10/7/2022. (Carothers, Barry)
August 11, 2022 Opinion or Order Filing 8 ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 4/10/2023 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 4/5/2023 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 8/11/2022. See attached document for full details. (scn) #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.
July 25, 2022 Filing 7 Summons Issued as to Counselors Title Company, LLC, David C Tassell. (scn)
July 25, 2022 Filing 6 NOTICE by STEVEN SCROFANO re 3 Clerk's Notice to Filer re: Electronic Case Civil Cover Sheet (Carothers, Barry)
July 25, 2022 Filing 5 NOTICE of Filing Proposed Summons(es) by STEVEN SCROFANO re #1 Complaint, filed by STEVEN SCROFANO (Attachments: #1 Summons, #2 Summons) (Carothers, Barry)
July 25, 2022 Filing 4 Clerk's Notice to Filer re: Electronic Case. Party, COUNSELORS TITLE COMPANY LLC, Improperly Formatted. The Filer failed to enter the party name in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (mab)
July 25, 2022 Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (mab)
July 22, 2022 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. (mab)
July 22, 2022 Filing 1 COMPLAINT against Counselors Title Company, LLC d/b/a Kempe, David C Tassell. Filing fees $ 402.00 receipt number AFLSDC-15813539, filed by STEVEN SCROFANO. (Attachments: #1 Exhibit Contract, #2 Exhibit April 17 2020 Email, #3 Exhibit April 17 2020 Email, #4 Exhibit April 21 2020 Email, #5 Exhibit TD Bank Wire Transfer)(Carothers, Barry)

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Plaintiff: STEVEN SCROFANO
Represented By: Barry D. Carothers
Represented By: Melissa Sue Renza
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Defendant: Counselors Title Company, LLC d/b/a Kempe
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Defendant: David C Tassell
Represented By: Michael Peter De Simone
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Defendant: Counselors Title Company, LLC doing business as Kempe
Represented By: Michael Peter De Simone
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