Seagrave v. TCC Building "R" Associates, LP
| DANIEL P SEAGRAVE and Daniel P. Seagrave |
| TCC BUILDING "R" ASSOCIATES, LP, TCC Building R Associates, LP, Paul Evans, Heidi Dobmeier, Michael Montante and Carl Montante, Jr. |
| 9:2022cv81503 |
| September 27, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.
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Filing 19
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: SCHEDULING ORDER: ( Amended Pleadings due by 12/16/2022. Discovery due by 4/7/2023. Joinder of Parties due by 12/16/2022. In Limine Motions due by 4/21/2023. Dispositive Motions due by 4/21/2023. Motions due by 4/21/2023. Pretrial Stipulation due by 5/23/2023. Jury Trial set for 6/20/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 6/14/2023 01:15 PM before Judge Donald M. Middlebrooks.) ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 11/15/2022. See attached document for full details. (nan) #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 18 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/15/2022. The Court discussed whether parties would be added, there is a motion to dismiss 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, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 24 minutes. Attorney Appearance(s): Thomas J. Ali, Melissa Ann Schlutow. (Digital 13:03:41) (kza) |
| Filing 17 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint , Defendant's MOTION to Change Venue by Heidi Dobmeier, Paul Evans, Michael Montante, Carl Montante, Jr., TCC Building R Associates, LP. Attorney Melissa Ann Schlutow added to party Heidi Dobmeier(pty:dft), Attorney Melissa Ann Schlutow added to party Paul Evans(pty:dft), Attorney Melissa Ann Schlutow added to party Michael Montante(pty:dft), Attorney Melissa Ann Schlutow added to party Carl Montante, Jr.(pty:dft), Attorney Melissa Ann Schlutow added to party TCC Building R Associates, LP(pty:dft). Responses due by 11/28/2022 (Schlutow, Melissa) |
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Filing 16
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/15/2022 at 1:00 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 10/13/2022. (no00)
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Filing 15
ORDER REFERRING CASE to Magistrate Judge William Matthewman for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 6/14/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 6/20/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/7/2022. See attached document for full details. (ls)
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| Filing 14 Summons Issued as to Heidi Dobmeier, Paul Evans, Michael Montante, Carl Montante, Jr., TCC Building R Associates, LP. (ls) |
| Filing 13 Notice of Entry of Parties Listed on #10 Amended Complaint/Amended Notice of Removal, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Paul Evans, Heidi Dobmeier, Michael Montante and Carl Montante, Jr.. (Attachments: #1 Summon(s) to be issued, #2 Summon(s) to be issued, #3 Summon(s) to be issued, #4 Summon(s) to be issued, #5 Summon(s) to be issued) (Ali, Thomas) |
| Filing 12 Clerk's Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (ls) |
| Filing 11 Clerk's Notice to Filer re #10 Amended Complaint/Amended Notice of Removal,. Parties Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties. (ls) |
| Filing 10 First AMENDED COMPLAINT against DANIEL P SEAGRAVE, filed by DANIEL P SEAGRAVE. (Attachments: #1 Summon(s) to be issued, #2 Summon(s) to be issued, #3 Summon(s) to be issued, #4 Summon(s) to be issued, #5 Summon(s) to be issued)(Ali, Thomas) |
| Filing 9 Clerk's Notice to Filer re #5 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The correct event is Notice of Filing Proposed Summons(es). (ls) |
| Filing 8 Clerk's Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Amended Complaint due 10/10/2022 per DE #6. (ls) |
| Filing 7 Clerk's Notice to Filer re #4 Notice (Other). Document Not Captioned; - The Filer must File future document(s) with the proper caption pursuant to Local Rules. AND Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (ls) |
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Filing 6
PAPERLESS ORDER. Plaintiff alleges this Court has jurisdiction over this case based on diversity. (DE #1 ). However, the allegations fail to plead diversity. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) (When a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists.). Specifically, the party asserting diversity must prove the citizenships of all partners of a limited partnership. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004). Here, Plaintiff fails to name the individual partners of Defendant TCC Building R Associates, LP, and their citizenship. Plaintiff shall file an amended complaint by October 10, 2022, curing all deficiencies in the diversity allegations, or alternatively file a notice of dismissal by that date. Failure to timely comply with this Order may result in dismissal without prejudice. Signed by Judge Donald M. Middlebrooks on 9/30/2022. (kal)
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| Filing 5 NOTICE by DANIEL P SEAGRAVE re #1 Complaint (Ali, Thomas) |
| Filing 4 NOTICE of Civil Cover Sheet by DANIEL P SEAGRAVE re #1 Complaint (Ali, Thomas) Modified Text on 9/30/2022 (ls). |
| 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. (scn) |
| 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. 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. (scn) |
| Filing 1 COMPLAINT against DANIEL P SEAGRAVE. Filing fees $ 402.00 receipt number AFLSDC-15982389, filed by DANIEL P SEAGRAVE.(Ali, Thomas) |
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