Rosemont Hotels, Inc. v. Barton Malow Company, et al.
| Rosemont Hotels, Inc. |
| Barton Malow Company, Jonathan Nehmer + Associates, Inc., RTM Engineering Consultants, LLC and Goudreau Plastering |
| CM Glazing LLC, Del Air Heating, Air Conditioning & Refrigeration, LLC, Glass Block Warehouse, L.C., Habitech Systems, Inc., Hartford South, LLC, Heichel Plumbing, Inc., Lotspeich Contracting, Inc. and Spectra Holdings, Inc. |
| 8:2024cv00340 |
| February 2, 2024 |
| US District Court for the District of Maryland |
| Theodore D Chuang |
| Lydia Kay Griggsby |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Case Reassigned to Judge Lydia Kay Griggsby. Judge Theodore D. Chuang no longer assigned to the case. (kns, Deputy Clerk) |
| Filing 126 NOTICE of Appearance by Annica Mae Mattus on behalf of Jonathan Nehmer + Associates, Inc. (Mattus, Annica Mae) |
| Filing 125 NOTICE of Appearance by Joseph Scott Shannon on behalf of Jonathan Nehmer + Associates, Inc. (Shannon, Joseph) |
| Filing 124 RESPONSE re #120 Correspondence. (Attachments: #1 Attachment)(bas, Deputy Clerk) |
| Filing 123 NOTICE of Appearance by Thomas Kincaid McCraw, Jr on behalf of RTM Engineering Consultants, LLC (McCraw, Thomas) |
Filing 122
CASE MANAGEMENT ORDER. Signed by Judge Theodore D. Chuang on 2/2/2024. (ds2s, Deputy Clerk)
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| Filing 120 Removal Notification Letter sent to all Attorney of Record. (c/m 2/2/2024 bas, Deputy Clerk) |
| Filing 119 Case transferred in from District of Florida Middle; Case Number 6:23-cv-01073. Original file certified copy of transfer order and docket sheet received. |
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Filing 118
ENDORSED ORDER directing the Clerk to terminate Defendants Johnathan Nehmer & Associates Inc. and RTM Engineering Consultants, LLC in light of the Court's #112 and 117 Orders and amend the case style accordingly. Signed by Judge Carlos E. Mendoza on 1/30/2024. (RRM)
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Filing 117
ENDORSED ORDER directing the Clerk to transfer the claims against Defendant RTM Engineering Consultants, LLC to the United States District Court for the District of Maryland, case 8:24-cv-00120, in light of Defendant RTM Engineering Consultants, LLC's failure to respond to the Court's #112 January 9, 2024 Order. Signed by Judge Carlos E. Mendoza on 1/30/2024. (RRM)
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| Filing 116 NOTICE by Barton Malow Company Notice of Mediation (Subin, Ben) |
| Acknowledgment - Transferred case has been opened in the District of Maryland as case 8:24-cv-00120, filed 01/12/2024. (JNB) |
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Filing 115
ENDORSED ORDER granting #114 Motion for Extension of Time. Lotspeich Contracting, Inc., shall serve Goudreau Plastering, Inc., on or before March 29, 2024. Signed by Magistrate Judge Robert M. Norway on 1/12/2024. (JBS)
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| Filing 114 Unopposed MOTION for Miscellaneous Relief, specifically Extension to Serve Summons and Fourth-Party Complaint on Fourth-Party Defendant, Goudreau Plastering, Inc. by Lotspeich Contracting, Inc. (Attachments: #1 Exhibit A)(Hickman, James) Modified text on 1/12/2024 (MCB). |
| Filing 113 DISTRICT TRANSFER OUT to District of Maryland as to Defendant Johnathan Nehmer & Associates Inc. (JNB) |
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Filing 112
ORDER granting in part and denying in part #79 Motion to Dismiss. The Clerk is DIRECTED to transfer the case against Defendant Johnathan Nehmer & Associates Inc. to the United States District Court for the District of Maryland for all further proceedings. Ruling on JN&A's Motion is otherwise DEFERRED. The claims against Defendants Barton Malow Company and RTM Engineering Consultants, LLC remain pending in this Court. On or before January 23, 2024, Plaintiff and Defendant RTM Engineering Consultants, LLC, shall show cause as to why the claim against RTM should not be transferred to the Maryland District Court to be adjudicated with the claims against JN&A. Failure to respond will result in the transfer of these claims without further notice. Signed by Judge Carlos E. Mendoza on 1/9/2024. (MEH)
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| Filing 111 NOTICE of Appearance by Scott S. Amitrano, Jeffrey M. James, and Francis A. Mora on behalf of Barton Malow Company (Rhodes, Trevor) Modified text on 1/8/2024 (KME). |
| Filing 110 NOTICE of Appearance by Selina Patel on behalf of Habitech Systems, Inc. (Patel, Selina) Modified text on 1/9/2024 (KME). |
| Filing 109 CORPORATE Disclosure Statement by RTM Engineering Consultants, LLC. (Marzilli, Joseph) |
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Filing 108
ENDORSED ORDER STRIKING #107 Defendant's Initial Disclosures. This district prohibits litigants from filing discovery material unless "ordered by the Court, if necessary to the presentation or defense of a motion, or if required by law or rule." Middle District Discovery (2021) at 3; see also Fed. R. Civ. P. 5(d)(1) ("[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission."). Signed by Magistrate Judge Robert M. Norway on 12/6/2023. (JBS)
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| Filing 107 (STRICKEN per 108 Order) Initial Disclosures Pursuant to Rule 26(a) by Glass Block Warehouse, L.C. (Minks, Mari) (Modified on 12/6/2023, to edit text) (BGR). |
| Filing 106 NOTICE TO COUNSEL Frank P. Delia of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (EAM) |
| Filing 105 CERTIFICATE of interested persons and corporate disclosure statement by Hartford South, LLC. (EAM) |
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Filing 104
ENDORSED ORDER STRIKING #103 Notice of Initial Disclosures. This district prohibits litigants from filing discovery material unless "ordered by the Court, if necessary to the presentation or defense of a motion, or if required by law or rule." Middle District Discovery (2021) at 3; see also Fed. R. Civ. P. 5(d)(1) ("[D]isclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission."). Signed by Magistrate Judge Robert M. Norway on 12/1/2023. (JBS)
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| Filing 103 ***STRICKEN PURSUANT TO #104 ENDORSED ORDER.*** NOTICE by Del Air Heating of Initial Disclosures Pursuant to Rule 26(a) (Schulman, Beth) Modified on 12/1/2023 (LD). |
| Filing 102 CORPORATE disclosure statement by Glass Block Warehouse, L.C. (Copertino, Cole) |
| Filing 101 Barton Malow Company's Answer and Affirmative Defenses to CM Glazing, LLC's Counterclaim REPLY to #86 Counterclaim by Barton Malow Company. Related document: #86 Answer to Third Party Complaint, Counterclaim filed by CM Glazing LLC. (Subin, Ben) Modified text on 11/21/2023 (GL). |
| Filing 100 NOTICE TO COUNSEL Ryan Charlson of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (ARL) |
| Filing 99 ANSWER to #30 Third Party Complaint by Habitech Systems, Inc.(Charlson, Ryan) |
| Filing 98 CORPORATE Disclosure Statement by Habitech Systems, Inc. (Charlson, Ryan) |
| Filing 97 NOTICE of Lead Counsel Designation by Ryan M. Charlson on behalf of Habitech Systems, Inc.. Lead Counsel: Ryan M. Charlson. (Charlson, Ryan) |
| Filing 96 NOTICE of Appearance by Ryan M. Charlson on behalf of Habitech Systems, Inc. (Charlson, Ryan) |
| Filing 95 NOTICE by Heichel Plumbing, Inc. Notice of Pendency of Other Actions (Haynes, Jennifer) |
| Filing 94 ANSWER to #30 Third Party Complaint by Glass Block Warehouse, L.C.(Copertino, Cole) Modified on 11/7/2023 (CTR). |
| Filing 93 NOTICE of Lead Counsel Designation by Cole J. Copertino on behalf of Glass Block Warehouse, L.C. Lead Counsel: Cole J. Copertino. (Copertino, Cole) Modified on 11/7/2023 (CTR). |
| Filing 92 RESPONSE in Opposition re #79 MOTION to Dismiss Counts V and VI of Plaintiff's Amended Complaint and Supporting Memorandum of Law filed by Rosemont Hotels, Inc. (Wilson, Michael) Modified on 11/7/2023 (CTR). |
| Filing 91 NOTICE of a related action per Local Rule 1.07(c) by CM Glazing LLC. Related case(s): No (Moody, Chesley) |
| Filing 90 CORPORATE Disclosure Statement by CM Glazing LLC. (Moody, Chesley) |
| Filing 89 NOTICE of a related action per Local Rule 1.07(c) by Spectra Holdings, Inc.. Related case(s): No (Murphy, Michael) |
| Filing 88 ANSWER and Affirmative Defenses to #30 Third Party Complaint with Jury Demand by Hartford South, LLC.(Suarez, Michael) Modified text on 11/2/2023 (MCB). |
| Filing 87 CORPORATE Disclosure Statement by Heichel Plumbing, Inc.. (Haynes, Jennifer) |
| Filing 86 CM Glazing, LLC's ANSWER to #30 Third Party Complaint , First COUNTERCLAIM against Barton Malow Company by CM Glazing LLC.(Moody, Chesley) |
| Filing 85 SUMMONS issued as to Goudreau Plastering. (MCB) |
| Filing 84 CORPORATE Disclosure Statement by Spectra Holdings, Inc.. (Murphy, Michael) |
| Filing 83 ANSWER to #30 Third Party Complaint by Spectra Holdings, Inc.(Murphy, Michael) Modified text on 11/1/2023 (MCB). |
| Filing 82 ANSWER and Affirmative Defenses to #30 Third Party Complaint , THIRD PARTY COMPLAINT against Goudreau Plastering by Lotspeich Contracting, Inc. (Attachments: #1 Exhibit A, #2 Proposed Summons Goudreau Plastering, Inc.)(Hickman, James) Modified text on 11/1/2023 (MCB). |
| Filing 81 ***Counsel notified to refile using correct event code*** NOTICE by Spectra Holdings, Inc. Pendency of Other Actions (Murphy, Michael) Modified text on 11/1/2023 (MCB). |
| Filing 80 CORPORATE Disclosure Statement by Jonathan Nehmer & Associates, Inc. (Trigo, Capri) Modified on 10/24/2023 to edit text (ABC). |
| Filing 79 MOTION to Dismiss Counts V and VI of Plaintiff's Amended Complaint and Supporting Memorandum of Law by Jonathan Nehmer & Associates, Inc. (Trigo, Capri) Modified on 10/24/2023 to edit text (ABC). |
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Filing 78
ENDORSED ORDER granting in part and denying in part #74 Motion for Extension of Time to File Response / Reply. Defendant CM Glazing may respond to the Amended Third-Party Complaint on or before November 1, 2023. Defendant SCM Glazing's deadline to provide mandatory initial disclosures and add/amend pleadings is extended until December 1, 2023. Signed by Magistrate Judge Robert M. Norway on 10/23/2023. (JBS)
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| Filing 77 NOTICE of Lead Counsel Designation by Capri Trigo on behalf of Jonathan Nehmer & Associates, Inc. Lead Counsel: Capri Trigo. (Trigo, Capri) Modified on 10/23/2023 (CTR). |
| Filing 76 NOTICE of a related action per Local Rule 1.07(c) by Jonathan Nehmer & Associates, Inc. Related case(s): No (Trigo, Capri) Modified on 10/23/2023 (CTR). |
| Filing 75 NOTICE of Lead Counsel Designation by Capri Trigo on behalf of Jonathan Nehmer & Associates, Inc. Lead Counsel: Capri Trigo. (Trigo, Capri) Modified on 10/23/2023 (CTR). |
| Filing 74 First MOTION for Extension of Time to File Response/Reply Amended Third-Party Complaint, Provide Mandatory Initial Disclosures, and Join additional parties or amend the pleadings by CM Glazing LLC. (Moody, Chesley) |
| Filing 73 Heichel Plumbing, Inc.'s ANSWER to #22 Third Party Complaint by Heichel Plumbing, Inc. (Haynes, Jennifer) Modified on 10/20/2023 to edit text (ABC). |
| Filing 72 NOTICE of Lead Counsel Designation by Chesley G. Moody, Jr. on behalf of CM Glazing LLC. Lead Counsel: Chesley "Chet" G. Moody, Jr. (Moody, Chesley). Modified on 10/20/2023 to edit text (ABC). |
| Filing 71 NOTICE of Appearance by Chesley G. Moody, Jr on behalf of CM Glazing LLC (Moody, Chesley) |
| Filing 70 NOTICE of Lead Counsel Designation by Jennifer G. Haynes on behalf of Heichel Plumbing, Inc.. Lead Counsel: Jennifer G. Haynes. (Haynes, Jennifer) |
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Filing 69
ENDORSED ORDER granting #68 Motion for Extension of Time to File. Defendant Del-Air Heating, Air Conditioning, & Refrigeration's deadline to provide mandatory initial disclosures and add/amend pleadings is extended until December 1, 2023. Signed by Magistrate Judge Robert M. Norway on 10/19/2023. (JBS)
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| Filing 68 MOTION for Extension of Time to File Mandatory Initial Disclosures and to Join Additional Parties or Amend the Pleadings by Del Air Heating. (Schulman, Beth) |
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Filing 67
ENDORSED ORDER granting in part and denying in part #66 Motion for Extension of time. Defendant Spectra Holdings, Inc., may respond to the Amended Third-Party Complaint on or before October 31, 2023. Defendant Spectra Holdings' deadline to provide mandatory initial disclosures and add/amend pleadings is extended until December 1, 2023. Signed by Magistrate Judge Robert M. Norway on 10/17/2023. (JBS)
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| Filing 66 First MOTION to Amend Motion for Enlargement of Time to Respond by Spectra Holdings, Inc. (Murphy, Michael) |
| Filing 65 NOTICE of of Filing Affidavit in Support Thereof re #66 by Spectra Holdings, Inc. (Attachments: #1 Declaration in Support)(Murphy, Michael) |
| Filing 64 NOTICE of Lead Counsel Designation by Michael P. Murphy on behalf of Spectra Holdings, Inc. Lead Counsel: Michael P. Murphy. (Murphy, Michael) Modified on 10/16/2023 (CTR). |
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Filing 63
ENDORSED ORDER denying without prejudice #61 Motion for Extension of Time to Answer. Defendant's motion fails to make a showing of excusable neglect, which is required to extend an expired deadline. Additionally, Defendant must comply with and cite the Local Rules for this district, including Local Rule 3.01(g). Signed by Magistrate Judge Robert M. Norway on 10/13/2023. (JBS)
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Filing 62
ENDORSED ORDER STRIKING #60 Reply to Affirmative Defenses. This Reply is not authorized by the Federal Rules of Civil Procedure or this Court's Local Rules. See FRCP 7(a); see also Hyman v. Regenstein, 222 F.2d 545, 548 (5th Cir. 1955) (district court properly refused to require plaintiff to reply to affirmative defenses because "averments in pleadings to which no responsive pleading is required or permitted shall be taken as denied or avoided") (citation omitted). Signed by Magistrate Judge Robert M. Norway on 10/13/2023. (JBS) Modified on 10/13/2023 (JBS).
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| Filing 61 MOTION for Extension of Time to File Answer by Spectra Holdings, Inc. (Murphy, Michael) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 60 STRICKEN per 62 Order -- REPLY to affirmative defenses by Rosemont Hotels, Inc.. (Wilson, Michael) Modified text on 10/13/2023 (JK). |
| Filing 59 ANSWER to #30 Third Party Complaint by Heichel Plumbing, Inc.(Haynes, Jennifer) Modified text on 10/11/2023 (MCB). |
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Filing 58
ENDORSED ORDER granting #57 Motion for Extension of Time to File as to Defendant Lotspeich Contracting, Inc., only. Defendant Lotspeich Contracting may respond to the Amended Third-Party Complaint on or before October 31, 2023. Defendant Lotspeich Contracting's deadline to provide mandatory initial disclosures and add/amend pleadings is extended until December 1, 2023. Signed by Magistrate Judge Robert M. Norway on 10/6/2023. (JBS) Modified on 10/6/2023 (JBS).
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| Filing 57 Unopposed MOTION for Extension of Time to File Response to Amended Third-Party Complaint, Provide Mandatory Initial Disclosures and Join Additional Parties or Amend the Pleadings by Lotspeich Contracting, Inc. (Hickman, James) |
| Filing 56 NOTICE of Appearance by Taylor Ellis on behalf of Lotspeich Contracting, Inc. (Ellis, Taylor) |
| Filing 55 NOTICE of a related action per Local Rule 1.07(c) by Lotspeich Contracting, Inc.. Related case(s): No (Hickman, James) |
| Filing 54 CORPORATE Disclosure Statement by Lotspeich Contracting, Inc.. (Hickman, James) |
| Filing 53 NOTICE of Lead Counsel Designation by James Keith Hickman on behalf of Lotspeich Contracting, Inc.. Lead Counsel: James K. Hickman, Esq.. (Hickman, James) |
| Filing 52 NOTICE of Appearance by James Keith Hickman on behalf of Lotspeich Contracting, Inc. (Hickman, James) |
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Filing 51
ENDORSED ORDER granting #50 Motion for Extension of Time to Answer. Defendant Jonathan Nehmer & Associations, Inc. may answer or otherwise respond to the Amended Complaint on or before October 24, 2023. Future extension motions in this case shall be filed more than three business days before the expiring deadline and must demonstrate the movant's diligence in meeting the deadline in addition to good cause. Signed by Magistrate Judge Robert M. Norway on 10/3/2023. (JBS)
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| Filing 50 Unopposed MOTION for Extension of Time to File Answer TO PLAINTIFF'S AMENDED COMPLAINT by Jonathan Nehmer & Associates, Inc.. (Trigo, Capri) Motions referred to Magistrate Judge Robert M. Norway. |
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Filing 49
ENDORSED ORDER granting #45 Motion for Extension of Time to File as to Defendant Hartford South, LLC, only. Defendant Hartford South, LLC, may respond to the Third-Party Complaint on or before November 1, 2023. Defendant Hartford's deadline to provide mandatory initial disclosures and add/amend pleadings is extended until December 1, 2023. Signed by Magistrate Judge Robert M. Norway on 10/2/2023. (JBS)
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| Filing 48 CORPORATE Disclosure Statement by Del Air Heating. (Schulman, Beth) |
| Filing 47 NOTICE of a related action per Local Rule 1.07(c) by Del Air Heating. Related case(s): No (Schulman, Beth) |
| Filing 46 ANSWER to #30 Third Party Complaint Amended by Del Air Heating.(Schulman, Beth) |
| Filing 45 MOTION for Extension of Time to File Response to Barton Malow's Third Party Complaint, Provide Mandatory Initial Disclosures, and Join Additional Parties or Amend the Pleadings by Hartford South, LLC. (Suarez, Michael) |
| Filing 44 RETURN of service executed on 9/25/2023 by Barton Malow Company as to Lotspeich Contracting, Inc.. (Subin, Ben) |
| Filing 43 RETURN of service executed on September 22, 2023 by Barton Malow Company as to Habitech Systems, Inc. (Subin, Ben) Modified text on 9/28/2023 (KME). |
| Filing 42 RETURN of service executed on September 20, 2023 by Barton Malow Company as to Spectra Holdings, Inc. (Subin, Ben) |
| Filing 41 RETURN of service executed on September 20, 2023 by Barton Malow Company as to Heichel Plumbing, Inc. (Subin, Ben) |
| Filing 40 RETURN of service executed on September 22, 2023 by Barton Malow Company as to Hartford South, LLC. (Subin, Ben) |
| Filing 39 RETURN of service executed on September 21, 2023 by Barton Malow Company as to CM Glazing LLC(a Florida Limited Liability Company). (Subin, Ben) |
| Filing 38 ANSWER and affirmative defenses to #25 Amended Complaint by RTM Engineering Consultants, LLC.(Carson-Freymann, Catherine) |
| Filing 37 PROOF of service by Rosemont Hotels, Inc. (Wilson, Michael) |
| Filing 36 NOTICE TO COUNSEL Beth-Ann Schulman and Lia Sibrian of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (ARL) |
| Filing 35 NOTICE by Del-Air Heating, Air Conditioning & Refrigeration, LLC Pendency of Other Actions (Schulman, Beth) COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT TYPE Modified on 9/26/2023 as to docket text(ARL). |
| Filing 34 ANSWER and affirmative defenses to #25 Amended Complaint by Barton Malow Company.(Subin, Ben) |
| Filing 33 NOTICE by Del-Air Heating, Air Conditioning & Refrigeration, LLC Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.03 (Schulman, Beth) COUNSEL NOTIFIED TO REFILE USING CORRECT EVENT TYPE Modified on 9/26/2023 as to docket text (ARL). |
| Filing 32 NOTICE of Lead Counsel Designation by Beth Ann Schulman on behalf of Del-Air Heating, Air Conditioning & Refrigeration, LLC. Lead Counsel: Beth Ann Schulman. (Schulman, Beth) |
| Filing 31 RETURN of service executed on September 13, 2023 by Rosemont Hotels, Inc. as to Jonathan Nehmer & Associates, Inc.. (Wilson, Michael) |
| Filing 30 Amended THIRD PARTY COMPLAINT against CM GLAZING LLC d/b/a ACME GLASS CONTRACT GLAZING, a Florida Limited Liability Company, Del-Air Heating, Air Conditioning & Refrigeration, LLC, Glass Block Warehouse, L.C., Habitech Systems, Inc., Hartford South, LLC, Heichel Plumbing, Inc., Lotspeich Contracting, Inc., Spectra Holdings, Inc. filed by Barton Malow Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Subin, Ben) |
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Filing 29
ENDORSED ORDER granting #28 Motion to Amend Third-Party Complaint. On or before September 15, 2023, Barton Marlow may file its amended third-party complaint. Signed by Magistrate Judge Robert M. Norway on 9/13/2023. (JBS)
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| Filing 28 Unopposed MOTION for Leave to Amend #22 Third Party Complaint by Barton Malow Company. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4)(Subin, Ben) (Modified on 9/12/2023, to edit text) (BGR). |
| Filing 27 SUMMONS issued as to RTM Engineering Consultants, LLC. (BGR) |
| Filing 26 SUMMONS issued as to Jonathan Nehmer & Associates, Inc. (BGR) |
| Filing 25 AMENDED COMPLAINT against Barton Malow Company, Jonathan Nehmer & Associates, Inc., RTM Engineering Consultants, LLC filed by Rosemont Hotels, Inc.. (Attachments: #1 Exhibit Exhibits to Amended Complaint, #2 Proposed Summons Proposed Summons - Jonathan Nehmer & Associates, Inc., #3 Proposed Summons Proposed Summons - RTM Engineering Consultants, LLC)(Wilson, Michael) |
| Filing 24 SUMMONS issued as to CM GLAZING LLC d/b/a ACME GLASS CONTRACT GLAZING, a Florida Limited Liability Company, Del-Air Heating, Air Conditioning & Refrigeration, LLC, Glass Block Warehouse, L.C., Habitech Systems, Inc., Hartford South, LLC, Heichel Plumbing, Inc., Lotspeich Contracting, Inc., Spectra Holdings, Inc. (LD) |
| Filing 23 PROPOSED summons to be issued by Barton Malow Company. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons)(Subin, Ben) |
| Filing 22 THIRD PARTY COMPLAINT against CM GLAZING LLC d/b/a ACME GLASS CONTRACT GLAZING, a Florida Limited Liability Company, Del-Air Heating, Air Conditioning & Refrigeration, LLC, Glass Block Warehouse, L.C., Habitech Systems, Inc., Hartford South, LLC, Heichel Plumbing, Inc., Lotspeich Contracting, Inc., Spectra Holdings, Inc. filed by Barton Malow Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Subin, Ben) |
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Filing 21
ENDORSED ORDER granting #19 Motion for Leave to File Document; granting #20 Motion to Amend. The parties are directed to file their respective amended complaint and/or third-party complaint on or before September 15, 2023. Signed by Magistrate Judge Robert M. Norway on 9/7/2023. (JBS)
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| Filing 20 Unopposed MOTION to Amend Complaint and Add Parties by Rosemont Hotels, Inc.. (Attachments: #1 Exhibit Amended Complaint)(Wilson, Michael) |
| Filing 19 MOTION for Leave to File Other Document :Third-Party Complaint by Barton Malow Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2, #5 Exhibit C - Part 3, #6 Exhibit C - Part 4)(Subin, Ben) |
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Filing 18
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/6/2023 Joinder of Parties due by 9/6/2023 Discovery due by 11/1/2024 Dispositive motions due by 12/3/2024 Pretrial statement due by 4/7/2025 All other motions due by 4/7/2025 Plaintiff disclosure of expert report due by 9/3/2024 Defendant disclosure of expert report due by 10/3/2024 Trial Status Conference set for 4/17/2025 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Bench Trial set for the May 2025 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 11/15/2024. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 7/7/2023. (MEH)
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| Filing 17 Rosemont's Answer to Counterclaim & Affirmative Defenses REPLY to #2 Counterclaim by Rosemont Hotels, Inc.. Related document: #2 Answer to Complaint Counterclaimfiled by Barton Malow Company.(Wilson, Michael) |
| Filing 16 CASE MANAGEMENT REPORT. (Subin, Ben) |
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Filing 15
ENDORSED ORDER granting Counterclaim Defendant's #14 Unopposed Motion for Extension of Time for good cause shown. Rosemont Hotels, Inc. shall answer or otherwise respond to the counterclaim on or before July 3, 2023. Signed by Magistrate Judge Robert M. Norway on 6/22/2023. (Norway, Robert)
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| Filing 14 MOTION for Extension of Time to File Answer re #2 Answer to Complaint Counterclaim, by Rosemont Hotels, Inc. (Wilson, Michael) Motions referred to Magistrate Judge Robert M. Norway. Modified on 6/26/2023 to edit docket text (BCB). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by Rosemont Hotels, Inc. identifying Corporate Parent Premium Realty Inc., Other Affiliate Hassan Khimani, Other Affiliate Akber Khimani, Other Affiliate Mazda Ekbatani for Rosemont Hotels, Inc., Rosemont Hotels, Inc. (Wilson, Michael) Modified on 6/21/2023 to edit docket text (BCB). |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Rosemont Hotels, Inc. Related case(s): No (Wilson, Michael) Modified on 6/21/2023 to edit docket text (BCB). |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Barton Malow Company. Related case(s): No (Subin, Ben) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by Barton Malow Company identifying Corporate Parent Barton Malow Holdings LLC, Corporate Parent Barton Malow Enterprises, Inc. for Barton Malow Company, Barton Malow Company. (Subin, Ben) |
| Filing 9 NOTICE of Lead Counsel Designation by Michael Keith Wilson on behalf of Rosemont Hotels, Inc. Lead Counsel: Michael K. Wilson. (Wilson, Michael) Modified on 6/21/2023 to edit docket text (BCB). |
| Filing 8 NOTICE of Lead Counsel Designation by Ben William Subin on behalf of Barton Malow Company. Lead Counsel: Ben W. Subin. (Subin, Ben) |
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Filing 7
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 6/9/2023. (MEH)
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Filing 6
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 6/9/2023. (MEH)
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Filing 5
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 6/9/2023. (MEH)
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| Filing 4 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AET) |
| Filing 3 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Robert M. Norway. New case number: 6:23-cv-1073-CEM-RMN. (AET) |
| Filing 2 ANSWER and affirmative defenses to #1 Complaint and Notice of Removal and COUNTERCLAIM against Rosemont Hotels, Inc. by Barton Malow Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Starr, Monte) Modified on 6/9/2023as to docket text(ARL)(AET). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Ninth Judicial Circuit in and for Osceola County, case number 2023-CA-001681 filed in State Court on 3-21-2023. (Filing Fee $402 Receipt AFLMDC-20921072) filed by Barton Malow Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 State Court COMPLAINT Exhibit C, #4 State Court Docket Sheet Exhibit D, #5 State Court Other Documents Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Subin, Ben) Modified on 6/9/2023 as to docket text (ARL). |
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