Strongwater v. McHugh
| Marc Strongwater |
| Francis X McHugh and Guy Fuscardo |
| 9:2023cv81316 |
| September 20, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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Filing 33
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/28/2023 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 11/17/2023. (cpe)
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Filing 32
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 6/3/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 5/29/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDERED AND ADJUDGED, pursuant to 28 U.S.C. ' 636 (b)(1)(A) and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States 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. Signed by Judge Donald M. Middlebrooks on 11/7/2023. See attached document for full details. (rbe) #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
PAPERLESS ORDER granting #30 Defendants' Unopposed Motion for Extension of Time. Defendants seek an extension of time to file their Reply in support of their Motion to Dismiss (DE #28 ) from November 9, 2023 to November 22, 2023. As grounds, Defendants' counsel represent that they have an upcoming hearing in the Southern District of Florida and also a ten day trial in Broward County. Motions for extension of time must set forth good cause supported by specific facts. Good cause having been shown and because the Motion is unopposed, the motion is granted. Defendants Reply Brief shall be due on or by November 22, 2023. Signed by Judge Donald M. Middlebrooks on 11/7/2023. (kal)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #29 Response in Opposition to Motion, by Guy Fuscardo, Francis X McHugh. (Attachments: #1 Exhibit A - Proposed Order)(Leto, Matthew) |
| Filing 29 RESPONSE in Opposition re #28 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Marc Strongwater. Replies due by 11/9/2023. (Attachments: #1 Declaration in Support, #2 Exhibit Exhibit 1 - 7/13/13 letter)(Varbero, Anthony) |
| Filing 28 MOTION TO DISMISS #15 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Guy Fuscardo, Francis X McHugh. Responses due by 11/3/2023 (Leto, Matthew) |
| Filing 27 CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorney's PACER account for attorney David Carter Casagrande re #26 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 26 NOTICE of Change of Address, Email or Law Firm Name by David Carter Casagrande (Casagrande, David) |
| Filing 25 WAIVER OF SERVICE Returned Executed by Marc Strongwater. Francis X McHugh waiver sent on 10/2/2023, response/answer due 12/1/2023. (Varbero, Anthony) |
| Filing 24 WAIVER OF SERVICE Returned Executed by Marc Strongwater. Guy Fuscardo waiver sent on 10/2/2023, response/answer due 12/1/2023. (Varbero, Anthony) |
| Filing 23 NOTICE of Attorney Appearance by Charles Paul Gourlis, Jr on behalf of Guy Fuscardo, Francis X McHugh. Attorney Charles Paul Gourlis, Jr added to party Guy Fuscardo(pty:dft), Attorney Charles Paul Gourlis, Jr added to party Francis X McHugh(pty:dft). (Gourlis, Charles) |
| Filing 22 NOTICE of Attorney Appearance by Matthew Leto on behalf of Guy Fuscardo, Francis X McHugh. Attorney Matthew Leto added to party Guy Fuscardo(pty:dft), Attorney Matthew Leto added to party Francis X McHugh(pty:dft). (Leto, Matthew) |
| Filing 21 Summons Issued as to Guy Fuscardo, Francis X McHugh. (pcs) |
| Filing 20 NOTICE of Filing Proposed Summons(es) Guy Fuscardo by Marc Strongwater (Varbero, Anthony) |
| Filing 19 NOTICE of Filing Proposed Summons(es) Francis X. McHugh by Marc Strongwater (Varbero, Anthony) |
| Filing 18 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Guy Fuscardo. (Varbero, Anthony) |
| Set/Reset Deadlines/Hearings per DE 14 Amended Complaint due by 10/4/2023. (pcs) |
| Filing 17 Clerk's Notice to Filer re: Summons(es) will not be issued. Multiple parties cannot be listed on a single summons. One summons is required for each party. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (pcs) |
| Filing 16 Clerk's Notice to Filer re #15 Amended Complaint/Amended Notice of Removal,. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (pcs) |
| Filing 15 First AMENDED COMPLAINT against Francis X McHugh filed in response to Order Granting Motion for Leave, filed by Marc Strongwater. (Attachments: #1 Exhibit Ex. A. Demand For Accounting, #2 Exhibit Ex. B Letter Dissociation, #3 Exhibit Ex. C. Letter to Counsel, #4 Summon(s) Amended Summons)(Varbero, Anthony) |
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Filing 14
PAPERLESS ORDER REGARDING JURISDICTIONAL DEFECT. Plaintiff alleges this Court has jurisdiction over this case based on diversity. 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.). District courts have subject matter jurisdiction based on diversity if the amount in controversy exceeds $75,000 and the case is between citizens of different states. See 28 U.S.C. 1332. Plaintiff alleges the state of "residence" of both Parties, rather than providing their domicile as is required to establish their citizenship. "'For adults, domicile is established by physical presence in a place in connection with a certain state of mind concerning one's intent to remain there.'... Domicile is not synonymous with residence; one may temporarily reside in one location, yet retain domicile in a previous residence." Molinos Valle Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 134142 (11th Cir. 2011) (citations omitted). Therefore, Plaintiff must amend his Complaint to allege the citizenship of the Parties based on their domicile. The deadline for Plaintiff to do so is October 4, 2023 . Failure to correct the jurisdictional deficiencies identified in this Order may result in dismissal of this action without prejudice. Signed by Judge Donald M. Middlebrooks on 9/27/2023. (kal)
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| Filing 13 Summons Reissued as to Francis X McHugh. (nwn) |
| Case Reopened per DE #11 (mr1) |
| Filing 12 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. (nwn) |
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Filing 11
ORDER DIRECTING CLERK TO ADMINISTRATIVELY CLOSE 23CV61799-WPD. This case to be REOPEN IT WITH A PALM BEACH CASE NUMBER 23CV81316-DMM. Signed by Judge William P. Dimitrouleas on 9/25/2023. See attached document for full details. (nwn) Modified text on 9/26/2023 (mr1).
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| Filing 10 REPLY by Marc Strongwater. (Casagrande, David) |
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Filing 9
ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT. Signed by Judge William P. Dimitrouleas on 9/25/2023. See attached document for full details. (nwn)
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Filing 8
ORDER TO SHOW CAUSE. Show Cause Response due by 10/2/2023. Signed by Judge William P. Dimitrouleas on 9/25/2023. See attached document for full details. (nwn)
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| Filing 7 Summons Issued as to Francis X McHugh. (cqs) |
| Filing 6 First NOTICE by Marc Strongwater re #5 Notice (Other), #1 Complaint Civil Cover Sheet (Varbero, Anthony) |
| Filing 5 NOTICE of filing civil cover sheet by Marc Strongwater re #1 Complaint (Attachments: #1 Summon(s)) (Varbero, Anthony) Text Modified on 9/21/2023 (cqs). |
| Filing 4 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. (nwn) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. The Clerks Office confirmed Broward (Office - Ft Lauderdale) as the county with the filer. It is not necessary to re-file this document. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (nwn) |
| Filing 1 COMPLAINT Marc Strongwater against Francis X McHugh. Filing fees $ 402.00 receipt number AFLSDC-16931666, filed by Marc Strongwater. (Attachments: #1 Exhibit Demand for Accounting)(Varbero, Anthony) |
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