HOME DEPOT U.S.A., INC. v. AIR PROS, LLC et al
Plaintiff: Home Depot U.S.A. Inc.
Defendant: Douglas Anthony Perera, Jr. and Air Pros, LLC
Not Classified By Court: Harry R. Schafer, Esq.
Case Number: 1:2021cv02053
Filed: May 14, 2021
Court: US District Court for the Northern District of Georgia
Presiding Judge: J P Boulee
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2021 Filing 72 REPLY to Response to Motion re #69 MOTION to Withdraw Roberto Zarco, Robert M. Einhorn, Colby Conforti as Attorney filed by Air Pros, LLC, Douglas Anthony Perera, Jr.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time to File Response)(Zarco, Roberto)
June 29, 2021 Filing 71 MOTION for Extension of Time re: #68 MOTION to Supplement #1 Complaint, by Air Pros, LLC, Douglas Anthony Perera, Jr.. (Zarco, Roberto)
June 25, 2021 Filing 70 RESPONSE re #69 MOTION to Withdraw Roberto Zarco, Robert M. Einhorn, Colby Conforti as Attorney filed by Home Depot U.S.A. Inc.. (Baumrind, Michael)
June 24, 2021 Filing 69 MOTION to Withdraw Roberto Zarco, Robert M. Einhorn, Colby Conforti as Attorneys by Air Pros, LLC, Douglas Anthony Perera, Jr. (bnw)
June 15, 2021 Filing 68 MOTION to Supplement #1 Complaint, with Brief In Support by Home Depot U.S.A. Inc.. (Attachments: #1 Exhibit A [Proposed] Supplemental Complaint, #2 Exhibit B Proposed Order)(Baumrind, Michael)
June 14, 2021 Filing 67 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Colby Conforti. Clerk to follow-up by 6/24/2021. (nmb)
June 14, 2021 Filing 66 NOTICE by Home Depot U.S.A. Inc. re #61 Letter re:83.1 Certificate of Consent of withdrawal of attorney Brett M. Amron (Baumrind, Michael)
June 14, 2021 Filing 65 NOTICE by Home Depot U.S.A. Inc. re #62 Letter re:83.1 Certificate of Consent of withdrawal of attorney Peter J. Klock, II (Baumrind, Michael)
June 9, 2021 Filing 64 Request for Leave of Absence for the following date(s): June 14 - 29, 2021, July 2 - 9, 2021, by Michael Rosen Baumrind. (Baumrind, Michael)
June 3, 2021 Filing 63 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Robert M. Einhorn. Clerk to follow-up by 6/14/2021. (cdg)
June 3, 2021 Filing 62 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Peter J. Klock, II. Clerk to follow-up by 6/14/2021. (cdg)
June 3, 2021 Filing 61 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Brett M. Amron. Clerk to follow-up by 6/14/2021. (cdg)
June 3, 2021 Filing 60 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Roberto Zarco. Clerk to follow-up by 6/14/2021. (cdg)
May 19, 2021 Opinion or Order Filing 59 STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 5/19/21. (bnw)
May 14, 2021 Filing 58 Case transferred in from District of Florida Southern; Case Number 0:20-cv-62424. Original file certified copy of transfer order and docket sheet received.
May 13, 2021 Opinion or Order Filing 57 ORDER TRANSFERRING CASE to the United States District Court for the Northern District of Georgia. The Clerk of Court is INSTRUCTED to CLOSE this case in the United States District Court for the Southern District of Florida. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 5/13/2021. See attached document for full details. (hwr) [Transferred from Florida Southern on 5/14/2021.]
May 13, 2021 Civil Case Terminated. Closing Case. (hwr) [Transferred from Florida Southern on 5/14/2021.]
May 12, 2021 Filing 56 RESPONSE TO ORDER TO SHOW CAUSE re 54 Order to Show Cause,,,,,,,,,,, by Douglas Anthony Perera, Jr., Air Pros, LLC. (Einhorn, Robert) [Transferred from Florida Southern on 5/14/2021.]
May 12, 2021 Filing 55 RESPONSE TO ORDER TO SHOW CAUSE re 54 Order to Show Cause,,,,,,,,,,, by HOME DEPOT U.S.A., INC.. (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
May 5, 2021 Opinion or Order Filing 54 PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte examination of the record. On January 27, 2021, Defendants filed a Motion to Dismiss Plaintiff's Complaint, seeking in part to invoke a pre-suit mediation clause provided in the Parties' Master Service Provider Agreement ("SPA") Dispute Resolution section. See #32 at 35; [1-1] at 15. The Dispute Resolution section also provides that "[i]f disputes are not resolved by mediation, they shall be decided by litigation in either the Superior Court of Cobb County, Georgia, or the United States District Court for the Northern District of Georgia, Atlanta Division. Service Provider hereby consents to the exclusive jurisdiction of these courts." [1-1] at 15. Further, the SPA includes a Choice of Law clause which provides that the "SPA shall be governed and interpreted in accordance with the laws of the State of Georgia, which shall govern any disputes arising out of or relating to the SPA." Id. at 18. Yet this cause, which primarily concerns a breach of the SPA, was commenced in the United States District Court for the Southern District of Florida. See generally #1 . 28 U.S.C. 1404 provides that "[f]or the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 1404(a). Section 1404(a) "'was drafted in accordance with the doctrine of forum non conveniens' to 'permit change of venue between federal courts.'" Tazoe v. Airbus S.A.S., 631 F.3d 1321, 1336 (11th Cir. 2011) (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 253 (1981)). For cases involving a nonfederal forum, in which the procedural transfer mechanism is unavailable, "the residual doctrine of forum non conveniens 'has continuing application in federal courts'" by way of the "traditional remedy of outright dismissal." See Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Tex., 571 U.S. 49, 60-61 (2013). In either case, before transferring or dismissing a case on forum non conveniens grounds, the parties should be afforded an opportunity to be heard on the matter. Tazoe, 631 F.3d at 1336. Accordingly, the Parties are hereby ORDERED to show cause by May 12, 2021 why this cause should not be transferred to the United States District Court for the Northern District of Georgia, or dismissed on forum non conveniens grounds so that suit may be brought in the superior Court of Cobb County, Georgia, in accordance with the Parties' contractually negotiated terms. Failure to do so will result in this action being DISMISSED. Signed by Chief Judge K. Michael Moore on 5/5/2021. (hwr) [Transferred from Florida Southern on 5/14/2021.]
April 13, 2021 Filing 53 NOTICE by AIR PROS, LLC, Douglas Anthony Perera, Jr. of Service of Proposal for Settlement (Einhorn, Robert) [Transferred from Florida Southern on 5/14/2021.]
April 8, 2021 Opinion or Order Filing 52 ORDER GRANTING #51 the Parties' Joint Motion for Entry of Protective Order. Signed by Magistrate Judge Lurana S. Snow on 4/8/2021. (jz) [Transferred from Florida Southern on 5/14/2021.]
April 6, 2021 Filing 51 Joint MOTION for Protective Order by HOME DEPOT U.S.A., INC.. (Attachments: #1 Text of Proposed Order A - Consent Protective Order)(Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
March 23, 2021 Opinion or Order Filing 50 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Air Pros, LLC's ("Defendant") Motion for Leave to File Counterclaim. #49 . Therein, Defendant requests that the Court grant Defendant leave to file its Counterclaim now, and prior to filing its Answer, so that "the parties can promptly proceed with all claims in this case." Id. Rule 13 of the Federal Rules of Civil Procedure provides that a counterclaim is to be raised in a pleading. Fed. R. Civ. P. 13(a)(b). Rule 7 of the Federal Rules of Civil Procedure provides that only the following pleadings are allowed: a complaint, an answer to a complaint, an answer to a counterclaim designated as a counterclaim, an answer to a crossclaim, a third-party complaint, an answer to a third-party complaint, and, if the court so orders, a reply to an answer. Fed. R. Civ. P. 7(a). Thus, a counterclaim is not a standalone filing, but may be raised in an answer. Here, there is a pending motion to dismiss before the Court #32 . Accordingly, Defendant's Answer is not yet due and filing the Counterclaim is both premature and procedurally improper. Accordingly, UPON CONSIDERATION of the Motion #49 , pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion for Leave to File Counterclaim #49 is DENIED WITHOUT PREJUDICE. Defendant may include any counterclaims in its Answer. Signed by Chief Judge K. Michael Moore on 3/23/2021. (hwr) [Transferred from Florida Southern on 5/14/2021.]
March 22, 2021 Filing 49 Defendant's MOTION for Leave to File Counterclaim by AIR PROS, LLC. (Attachments: #1 Exhibit "A" - Counterclaim, #2 Text of Proposed Order Granting Defendant's Motion for Leave to File Counterclaim)(Einhorn, Robert) [Transferred from Florida Southern on 5/14/2021.]
March 10, 2021 Filing 48 SUPPLEMENT to #41 Initial Disclosure(s) by AIR PROS, LLC, Douglas Anthony Perera, Jr. (Conforti, Colby) [Transferred from Florida Southern on 5/14/2021.]
March 3, 2021 Filing 47 REPLY to Response to Motion re #32 MOTION to Dismiss with Prejudice #1 Complaint, filed by AIR PROS, LLC, Douglas Anthony Perera, Jr.. (Conforti, Colby) [Transferred from Florida Southern on 5/14/2021.]
February 18, 2021 Opinion or Order Filing 46 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Two-Week Extension of Time to File Reply in Support of Motion to Dismiss. #42 . Therein, Defendants request a two-week extension of time to file their Reply in Support of the Motion to Dismiss because "there are circumstances that impede Defendants filing their Reply by the stated deadline" including "personal reasons (such as [counsel] having to go to the hospital) as well as a number of conflicting deadlines in other courts... and having to attend depositions in another matter." Id. at 1. UPON CONSIDERATION of the Motion #42 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #42 is GRANTED. Defendants' Reply in Support of the Motion to Dismiss shall be due on or before March 3, 2021. Signed by Chief Judge K. Michael Moore on 2/18/2021. (hwr) [Transferred from Florida Southern on 5/14/2021.]
February 18, 2021 Filing 45 Notice of Entry of Parties Listed on 37 Order Referring Case to Mediation,,,,,,,,,,,,,,,, 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): Harry R. Schafer, Esq.. (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
February 17, 2021 Filing 44 Clerks Notice to Filer re #43 Notice (Other). 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. (drz) [Transferred from Florida Southern on 5/14/2021.]
February 17, 2021 Filing 43 NOTICE by HOME DEPOT U.S.A., INC. of Mediator Selection (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
February 17, 2021 Filing 42 Unopposed MOTION for Extension of Time to File Response/Reply/Answer in Support of Motion to Dismiss by AIR PROS, LLC, Douglas Anthony Perera, Jr.. (Conforti, Colby) [Transferred from Florida Southern on 5/14/2021.]
February 12, 2021 Filing 41 Initial Disclosure(s) by AIR PROS, LLC, Douglas Anthony Perera, Jr. (Conforti, Colby) [Transferred from Florida Southern on 5/14/2021.]
February 10, 2021 Filing 40 RESPONSE to Motion re #32 MOTION to Dismiss with Prejudice #1 Complaint, filed by HOME DEPOT U.S.A., INC.. Replies due by 2/17/2021. (Attachments: #1 Exhibit 1)(Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
February 8, 2021 Filing 39 NOTICE of Attorney Appearance by Robert Mitchell Einhorn on behalf of AIR PROS, LLC, Douglas Anthony Perera, Jr.. Attorney Robert Mitchell Einhorn added to party AIR PROS, LLC(pty:dft), Attorney Robert Mitchell Einhorn added to party Douglas Anthony Perera, Jr.(pty:dft). (Einhorn, Robert) [Transferred from Florida Southern on 5/14/2021.]
February 8, 2021 Filing 38 NOTICE of Attorney Appearance by Roberto Zarco on behalf of AIR PROS, LLC, Douglas Anthony Perera, Jr.. Attorney Roberto Zarco added to party AIR PROS, LLC(pty:dft), Attorney Roberto Zarco added to party Douglas Anthony Perera, Jr.(pty:dft). (Zarco, Roberto) [Transferred from Florida Southern on 5/14/2021.]
February 5, 2021 Opinion or Order Filing 37 PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning January 3, 2021, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 2/5/2021. (hwr) [Transferred from Florida Southern on 5/14/2021.]
February 5, 2021 Opinion or Order Filing 36 PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of January 3, 2022, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on December 30, 2021, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for December 21, 2021, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 2/5/2021. (hwr) [Transferred from Florida Southern on 5/14/2021.]
February 3, 2021 Filing 35 Joint SCHEDULING REPORT - Rule 26(f) by HOME DEPOT U.S.A., INC. (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
February 2, 2021 Filing 34 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by AIR PROS, LLC, Douglas Anthony Perera, Jr. identifying Corporate Parent AIR PROS, LLC, Corporate Parent Douglas Anthony Perera, Jr., Other Affiliate Zarco, Einhorn, Salkowski & Brito, P.A., Other Affiliate Douglas Anthony Perera, Sr. for AIR PROS, LLC, Douglas Anthony Perera, Jr. (Conforti, Colby) [Transferred from Florida Southern on 5/14/2021.]
February 2, 2021 SYSTEM ENTRY - Docket Entry 33 [misc] restricted/sealed until further notice. (1702891) [Transferred from Florida Southern on 5/14/2021.]
January 27, 2021 Filing 32 MOTION to Dismiss with Prejudice #1 Complaint, by AIR PROS, LLC, Douglas Anthony Perera, Jr.. Responses due by 2/10/2021 (Conforti, Colby) [Transferred from Florida Southern on 5/14/2021.]
January 26, 2021 Filing 31 Certificate of Other Affiliates/Corporate Disclosure Statement by HOME DEPOT U.S.A., INC. (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
January 14, 2021 Opinion or Order Filing 30 ORDER DENYING AS MOOT #6 Motion for Preliminary Injunction; GRANTING #25 Joint Motion for Entry of Consent Order for Preliminary Injunctive Relief. Signed by Chief Judge K. Michael Moore on 1/14/2021. See attached document for full details. (hwr) [Transferred from Florida Southern on 5/14/2021.]
January 14, 2021 Filing 29 Clerk's Notice of Compliance re #28 Order on Motion to Seal (cbr) [Transferred from Florida Southern on 5/14/2021.]
January 13, 2021 Opinion or Order Filing 28 ORDER granting #26 Motion to Seal. Signed by Chief Judge K. Michael Moore on 1/13/2021. See attached document for full details. (hwr) [Transferred from Florida Southern on 5/14/2021.]
January 12, 2021 Opinion or Order Filing 27 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for Two-Week Extension of Time to Respond to the Complaint. #24 . Therein, Defendants request a two (2) week extension of time to respond to Plaintiff's Complaint because the Parties "have been engaging in prospective settlement discussions" and they would like to put forth all efforts "towards a potential resolution of this matter." Id. at 2. UPON CONSIDERATION of the Motion #24 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #24 is GRANTED. Defendants' response to Plaintiff's Complaint shall be due on or before January 27, 2021. Signed by Chief Judge K. Michael Moore on 1/12/2021. (hwr) [Transferred from Florida Southern on 5/14/2021.]
January 11, 2021 Filing 26 Unopposed MOTION to Seal per Local Rule 5.4 by HOME DEPOT U.S.A., INC.. (Attachments: #1 Text of Proposed Order A- Proposed Order) (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
January 11, 2021 Filing 25 MOTION for Entry of Consent Order for Preliminary Injunctive Relief by HOME DEPOT U.S.A., INC.. (Attachments: # 1 Text of Proposed Order A - Consent Order)(Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
January 11, 2021 Filing 24 Defendant's MOTION for Extension of Time to File Response/Reply/Answer to the Complaint by AIR PROS, LLC, Douglas Anthony Perera, Jr.. Attorney Colby Grossman Conforti added to party AIR PROS, LLC(pty:dft), Attorney Colby Grossman Conforti added to party Douglas Anthony Perera, Jr.(pty:dft). (Attachments: #1 Exhibit "A")(Conforti, Colby) [Transferred from Florida Southern on 5/14/2021.]
December 30, 2020 Opinion or Order Filing 23 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 12/30/2020. (jz) [Transferred from Florida Southern on 5/14/2021.]
December 17, 2020 Filing 22 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by HOME DEPOT U.S.A., INC.. AIR PROS, LLC served on 12/2/2020, answer due 12/23/2020. (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
December 10, 2020 SYSTEM ENTRY - Docket Entry 21 [misc] restricted/sealed until further notice. (1702891) [Transferred from Florida Southern on 5/14/2021.]
December 9, 2020 Opinion or Order Filing 20 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Motion for Michael R. Baumrind to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #18 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. Michael R. Baumrind may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to Baumrind@bmelaw.com. Signed by Chief Judge K. Michael Moore on 12/9/2020. (hwr) [Transferred from Florida Southern on 5/14/2021.]
December 9, 2020 Opinion or Order Filing 19 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Amended Motion for Ronan P. Doherty to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #17 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #17 is GRANTED. Ronan P. Doherty may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to doherty@bmelaw.com. Signed by Chief Judge K. Michael Moore on 12/9/2020. (hwr) [Transferred from Florida Southern on 5/14/2021.]
December 8, 2020 Filing 18 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael R. Baumrind. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #13 Motion to Appear Pro Hac Vice, by HOME DEPOT U.S.A., INC.. Responses due by 12/22/2020 (Attachments: #1 Text of Proposed Order)(Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
December 8, 2020 Filing 17 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ronan P. Doherty. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #14 Motion to Appear Pro Hac Vice, by HOME DEPOT U.S.A., INC.. Responses due by 12/22/2020 (Attachments: #1 Exhibit Attachment A, #2 Text of Proposed Order)(Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
December 8, 2020 Opinion or Order Filing 16 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motions for Michael R. Baumrind and Ronan P. Doherty to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #13 ; #14 . Therein, local counsel failed to consent to electronically serve all documents and things that may be served electronically in compliance with the CM/ECF Administrative Procedures. Accordingly, UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions #13 , #14 are DENIED. Plaintiff may submit amended motions in compliance with Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys, Local Rules of the Southern District of Florida. Signed by Chief Judge K. Michael Moore on 12/8/2020. (hwr) [Transferred from Florida Southern on 5/14/2021.]
December 3, 2020 Filing 15 NOTICE by HOME DEPOT U.S.A., INC. re #14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ronan P. Doherty. Filing Fee $ 200.00 Receipt # AFLSDC-13971030 (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
December 3, 2020 Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ronan P. Doherty. Filing Fee $ 200.00 Receipt # AFLSDC-13971030 by HOME DEPOT U.S.A., INC.. Responses due by 12/17/2020 (Attachments: #1 Text of Proposed Order)(Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
December 3, 2020 Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael R. Baumrind. Filing Fee $ 200.00 Receipt # AFLSDC-13970940 by HOME DEPOT U.S.A., INC.. Responses due by 12/17/2020 (Attachments: #1 Text of Proposed Order)(Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
December 1, 2020 Opinion or Order Filing 12 ORDER granting #9 Motion to Seal. Signed by Chief Judge K. Michael Moore on 12/1/2020. See attached document for full details. (hwr) [Transferred from Florida Southern on 5/14/2021.]
December 1, 2020 Opinion or Order Filing 11 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 12/1/2020. (hwr) [Transferred from Florida Southern on 5/14/2021.]
December 1, 2020 Opinion or Order Filing 10 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/1/2020. (hwr) [Transferred from Florida Southern on 5/14/2021.]
November 30, 2020 Filing 9 MOTION to Seal per Local Rule 5.4 by HOME DEPOT U.S.A., INC.. (Attachments: #1 Text of Proposed Order) (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
November 30, 2020 Filing 8 Bar Letter re: Admissions sent to attorney Ronan P. Doherty and Michael R. Baumrind, mailing date November 30, 2020, (pt) [Transferred from Florida Southern on 5/14/2021.]
November 30, 2020 Filing 7 MEMORANDUM in Support re #6 MOTION for Preliminary Injunction by HOME DEPOT U.S.A., INC.. (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
November 30, 2020 Filing 6 MOTION for Preliminary Injunction by HOME DEPOT U.S.A., INC.. (Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]
November 30, 2020 Filing 5 Summons Issued as to Douglas Anthony Perera, Jr. (drz) [Transferred from Florida Southern on 5/14/2021.]
November 30, 2020 Filing 4 Summons Issued as to AIR PROS, LLC. (drz) [Transferred from Florida Southern on 5/14/2021.]
November 25, 2020 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) 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. (drz) [Transferred from Florida Southern on 5/14/2021.]
November 25, 2020 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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. (drz) [Transferred from Florida Southern on 5/14/2021.]
November 25, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13931041, filed by HOME DEPOT U.S.A., INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet Civil Cover Sheet, #6 Summon(s) Summons - Air Pro LLC, #7 Summon(s) Summons - Douglas Perera, Jr.)(Klock, Peter) [Transferred from Florida Southern on 5/14/2021.]

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Search for this case: HOME DEPOT U.S.A., INC. v. AIR PROS, LLC et al
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Plaintiff: Home Depot U.S.A. Inc.
Represented By: Michael Rosen Baumrind
Represented By: Ronan P. Doherty
Represented By: Brett M. Amron
Represented By: Peter J. Klock, II
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Defendant: Douglas Anthony Perera, Jr.
Represented By: Roberto Zarco
Represented By: Robert M. Einhorn
Represented By: Colby Conforti
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Defendant: Air Pros, LLC
Represented By: Roberto Zarco
Represented By: Robert M. Einhorn
Represented By: Colby Conforti
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Not classified by court: Harry R. Schafer, Esq.
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