McGuire v. J.G. O'Neill, Inc.
| Richard John McGuire |
| J.G. O'Neill, Inc. A Florida Corporation doing business as DELRAY HYUNDAI |
| 9:2023cv80693 |
| April 24, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2023. A more recent docket listing may be available from PACER.
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Filing 21
PAPERLESS ORDER granting #20 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff seeks an extension of time to respond to Defendant's Motion to Dismiss from June 23, 2023 to July 10, 2023. In support, Plaintiff's counsel represents that he has various overlapping deadlines in other cases. The motion is lacking in details and does not provide me with sufficient information to determine whether the good cause standard is met. However, since the relief is unopposed, supported by some facts, and the extension is relatively short, I will grant the Motion. Accordingly, Plaintiff must respond to the Motion to Dismiss on or by July 10, 2023. Signed by Judge Donald M. Middlebrooks on 6/21/2023. (orz)
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| Reset Deadlines as to #17 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, . Responses due by 7/10/2023 (ls)(per DE #21) |
| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #17 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, by Richard John McGuire. (Attachments: #1 Text of Proposed Order)(Feygin, Joshua) |
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Filing 19
PAPERLESS ORDER denying as moot Plaintiff's #13 Motion for Default given Defendant's timely Motion to Dismiss. (See DE #14 ; DE #17 ). Signed by Judge Donald M. Middlebrooks on 6/13/2023. (orz)
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| Filing 18 NOTICE of Attorney Appearance by Darren R. Newhart on behalf of Richard John McGuire. Attorney Darren R. Newhart added to party Richard John McGuire(pty:pla). (Newhart, Darren) |
| Filing 17 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, by J.G. O'Neill, Inc.. Responses due by 6/23/2023 (Attachments: #1 Exhibit, #2 Exhibit)(Quinton, Albert) |
| Filing 16 NOTICE of Attorney Appearance by Albert Edward Quinton, III on behalf of J.G. O'Neill, Inc.. Attorney Albert Edward Quinton, III added to party J.G. O'Neill, Inc.(pty:dft). (Quinton, Albert) |
| Set/Reset Response/Answer Due Deadline: Answer due by June 9, 2023, Per Order, DE#14 . (nan) Modified text on 5/31/2023 (nan). |
| Filing 15 NOTICE of Compliance re #14 Order to Show Cause,, Set/Reset Deadlines,, Set Response/Answer Due Deadline. A copy of the Order, DE#14 was mailed to the Defendant. (nan) |
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Filing 14
ORDER TO SHOW CAUSE. Defendant J.G. ONEILL, INC. must file a notice of attorney appearance on or by May 31, 2023.Defendant J.G. ONEILL, INC. must respond to the complaint on or by June 9, 2023.(J.G. O'Neill, Inc. response/answer due 6/9/2023., J.G. O'Neill, Inc. response/answer due 6/9/2023). The Clerk of Court is DIRECTED to mail a copy of this order to Defendant. Signed by Judge Donald M. Middlebrooks on 5/26/2023. See attached document for full details. (nan)
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| Filing 13 MOTION for Default by Richard John McGuire. (Feygin, Joshua) Modified Relief on 5/19/2023 (ls). |
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Filing 12
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 6/15/2023., Discovery due by 10/5/2023., Joinder of Parties due by 6/15/2023., In Limine Motions due by 10/19/2023., Dispositive Motions due by 10/19/2023., Motions due by 10/19/2023., Pretrial Stipulation due by 11/20/2023., Jury Trial set for 12/18/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 12/13/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 5/18/2023. 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 11 PAPERLESS ORDER by Clerk of Non-Entry of Default re #9 Motion for Clerk's Entry of Default as to J.G. O'Neill, Inc.. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed, see DE #9-1. Signed by DEPUTY CLERK on 5/18/2023. (ls) |
| Filing 10 ANSWER to Complaint/Summons by J.G. O'Neill, Inc.. (ls)(See Image at DE #9-1) |
| Filing 9 MOTION for Clerk's Entry of Default as to J.G. O'Neill, Inc. by Richard John McGuire. (Attachments: #1 Exhibit Exhibit A)(Feygin, Joshua) |
| Filing 8 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 5/18/2023. Counsel for the Plaintiff has appeared. Counsel for the Defendant has not appeared. The Plaintiff intends to move for a default. The Court will issue a Scheduling Order. Written Order to follow. Total time in court: 4 minutes. Attorney Appearance(s): Joshua E. Feygin. (Digital 11:31:21) (swr) |
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Filing 7
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 5/18/2023 at 11:30 AM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 5/10/2023. (no00)
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| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Richard John McGuire. J.G. O'Neill, Inc. served on 4/26/2023, response/answer due 5/17/2023. (Feygin, Joshua) |
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Filing 5
ORDER REFERRING CASE AND SETTING TRIAL DATE: ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. with notices (NEFs for Events only) for all filings in case. SCHEDULING ORDER: (Jury Trial set for 12/18/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 12/13/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 5/8/2023. 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 4 Corporate Disclosure Statement by Richard John McGuire (Feygin, Joshua) |
| Filing 3 Summons Issued as to J.G. O'Neill, Inc.. (aao) |
| 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. (aao) |
| Filing 1 COMPLAINT against J.G. O'Neill, Inc.. Filing fees $ 402.00 receipt number AFLSDC-16563481, filed by Richard John McGuire. (Attachments: #1 Summon(s) Summons, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Exhibit A)(Feygin, Joshua) |
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| Plaintiff: Richard John McGuire | |
| Represented By: | Joshua E. Feygin |
| Represented By: | Darren R. Newhart |
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| Defendant: J.G. O'Neill, Inc. A Florida Corporation doing business as DELRAY HYUNDAI | |
| Represented By: | Albert Edward Quinton, III |
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