Bernsley v. The Advance Group et al
| Martin Bernsley |
| The Advance Group, Molloy Bros. Trucking, Inc. doing business as Molloy Brothers Moving & Storage, John Doe #6 through John Doe #10 and Anthony Parziale |
| 2:2022cv04422 |
| July 25, 2022 |
| US District Court for the Eastern District of New York |
| Steven I Locke |
| Joanna Seybert |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.
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| Filing 50 AFFIDAVIT of Service for Stipulation Extending Time to Answer served on Martin Bernsley on September 6, 2022, filed by Molloy Bros. Trucking, Inc., Anthony Parziale, The Advance Group. (Dooley, Teresa) |
Electronic ORDER granting DE #49 Motion for Extension of Time to Answer. On consent, the deadline for Defendants Molloy Bros. Trucking, Inc., The Advance Group, and Anthony Parziale to answer or otherwise respond to the Complaint is extended to and including 10/7/2022. Defense counsel is directed to serve a copy of this electronic order on the Plaintiff pro se and file proof of service. Ordered by Magistrate Judge Steven I. Locke on 9/5/2022. (Bartell, Max)
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| Filing 49 MOTION for Extension of Time to File Answer re #1 Complaint, Order on Motion for Extension of Time to Answer, by Molloy Bros. Trucking, Inc., Anthony Parziale, The Advance Group. (Dooley, Teresa) |
| Filing 48 AFFIDAVIT of Service for Electronic Order served on Plaintiff, Martin Bernsley on 08/09/2022, filed by Molloy Bros. Trucking, Inc., Anthony Parziale, The Advance Group. (Dooley, Teresa) |
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Electronic ORDER granting DE #47 Motion for Extension of Time to Answer. On consent, the deadline for Defendants Molloy Bros. Trucking, Inc., The Advance Group, and Anthony Parziale to answer or otherwise respond to the Complaint is extended to and including 9/9/2022. Defense counsel is directed to serve a copy of this electronic order on the Plaintiff pro se and file proof of service. Ordered by Magistrate Judge Steven I. Locke on 8/9/2022. (Bartell, Max)
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| Filing 47 MOTION for Extension of Time to File Answer re #1 Complaint, up to and including September 9, 2022 by Molloy Bros. Trucking, Inc., Anthony Parziale, The Advance Group. (Dooley, Teresa) |
| Filing 46 NOTICE of Consent to Change Attorney by Teresa H Dooley (Dooley, Teresa) |
| Filing 45 NOTICE of Appearance by Teresa H Dooley on behalf of Molloy Bros. Trucking, Inc., The Advance Group, Anthony Parziale (aty to be noticed) (Dooley, Teresa) |
| Filing 44 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cubano, Jazmin) |
| Filing 43 Case transferred in from District of Florida Southern; Case Number 0:21-cv-62312. Original file certified copy of transfer order and docket sheet received. |
| The case of Bernsley v. The Advance Group et al, has been transferred from Southern District of Florida to the Eastern District of New York. The new case number is 0:21-cv-62312. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Cubano, Jazmin) |
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Filing 42
ORDER granting in part and denying in part #35 Motion to Dismiss. Closing Case. Motions Terminated: #35 Defendant's MOTION to Dismiss #29 MOTION to Amend/Correct #1 Complaint filed by The Advance Group, Molloy Bros. Trucking Inc.. Signed by Judge Rodolfo A. Ruiz, II on 7/24/2022. See attached document for full details. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 41 Defendant's REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR RULE 12(b) MOTION TO DISMISS re #35 Defendant's MOTION to Dismiss #29 MOTION to Amend/Correct #1 Complaint filed by John Doe #6 through John Doe #10, Molloy Bros. Trucking Inc., The Advance Group. (Blitch, Bridgette) Modified text on 6/13/2022 (ebz). [Transferred from Florida Southern on 7/27/2022.] |
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Filing 40
PAPERLESS ORDER granting #39 Unopposed Motion for Extension of Time. Defendants shall file their reply brief on or before June 10, 2022. Signed by Judge Rodolfo A. Ruiz, II on 6/1/2022. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 39 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #38 Response in Opposition to Motion to Dismiss by Molloy Bros. Trucking Inc., The Advance Group. (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 38 Affirmation in Opposition to Motion re #35 Defendant's MOTION to Dismiss #29 MOTION to Amend/Correct #1 Complaint filed by Martin Bernsley. Replies due by 6/3/2022. (ebz) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 37
PAPERLESS ORDER granting #36 Motion to File Excess Pages. Plaintiff's response to #35 Motion to Dismiss may include up to 27 pages. Signed by Judge Rodolfo A. Ruiz, II on 5/20/2022. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 36 APPLICATION REQUESTING THE COURT'S PERMISSION TO EXCEED THE 20 PAGE LIMIT ON MEMORANDA OF LAW by Martin Bernsley. (ebz) Modified Event Type on 5/20/2022 (ebz). [Transferred from Florida Southern on 7/27/2022.] |
| Filing 35 Defendant's MOTION to Dismiss #29 MOTION to Amend/Correct #1 Complaint by Molloy Bros. Trucking Inc., The Advance Group. Responses due by 5/27/2022 (Attachments: #1 Affidavit Declaration of James Molloy, Jr. in Support of Advance's Rule 12(b) Motion to Dismiss, #2 Affidavit Declaration of James Molloy, Jr. in Support of Molloy's Rule 12(b) Motion to Dismiss, #3 Affidavit Declaration of Anthony Parziale in Support of Molloy's Rule 12(b) Motion to Dismiss)(Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 34
PAPERLESS ORDER granting #31 Defendants' Motion for Extension of Time and Motion for Clarification ("Motion"). Defendants shall respond to Plaintiff's Amended Complaint on or before May 13, 2022. All discovery and case management deadlines remain stayed pending the disposition of Defendants' upcoming motion to dismiss Plaintiff's Amended Complaint. Signed by Judge Rodolfo A. Ruiz, II on 4/20/2022. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 33 RESPONSE to Motion re #31 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to Amended Complaint Opposed MOTION for clarification of Discovery and Case Management Deadlines, or in the Alternative, MOTION to Stay/Abate Discovery and Case Management Deadlines filed by Martin Bernsley. Replies due by 4/27/2022. (ls) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 32 Clerks Notice to Filer re #31 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Amended Complaint and Opposed Motion for Clarification of Discovery and Case Management Deadlines, or, in the alternative, Motion to Abate Discovery and Case Management Deadlines .Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. AND Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 31 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to Amended Complaint by Molloy Bros. Trucking Inc., The Advance Group. Responses due by 5/3/2022 (Blitch, Bridgette). Added Opposed MOTION for clarification of Discovery and Case Management Deadlines, or in the Alternative, MOTION to Stay/Abate Discovery and Case Management Deadlines on 4/20/2022 (ls). [Transferred from Florida Southern on 7/27/2022.] |
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Filing 30
PAPERLESS ORDER granting #29 Plaintiff's Motion to Amend His Complaint ("Motion"). The Court notes that Plaintiff has failed to include in his Motion a certificate of conferral with opposing counsel as required by the Local Rules. But having considered Plaintiff's pro se status and after carefully reviewing the Motion, the Court finds that giving Plaintiff the opportunity to amend his #1 Complaint is warranted given that the amendment appears to be in the interest of justice and does not appear to be frivolous in nature. See Fed. R. Civ. P. 15(a) ("The Court should freely give leave [to amend] when justice so requires."); Garfield v. NDC Health Corp., 466 F.3d 1255, 1270 (11th Cir. 2006) ("In the absence of any apparent or declared reason--such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.--the leave sought should, as the rules require, be freely given.") (quoting Foman v. Davis, 371 U.S. 178, 83 (1962)) (internal quotation marks omitted).Going forward, Plaintiff is reminded that he shall comply with all Federal Rules of Civil Procedure and Local Rules for the Southern District of Florida. The Local Rules may be obtained from the Clerk of the Court. Failure to comply with the Rules may result in sanctions being imposed against pro se litigants. Among the Local Rules is a requirement that, subject to enumerated exceptions, each party, "[p]rior to filing any motion in a civil case... shall confer (orally or in writing), or make reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion." Local Rule 7.1(a)(3).Plaintiff's Amended Complaint, attached to his Motion [ECF No. 29-1], is hereby deemed filed. The Clerk is directed to modify the case caption as necessary and appropriate. Defendants' #19 Motion to Dismiss is DENIED as moot. Signed by Judge Rodolfo A. Ruiz, II on 4/14/2022. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 29 MOTION to Amend/Correct #1 Complaint by Martin Bernsley. Responses due by 4/27/2022 (Attachments: #1 Supplement Proposed Amended Complaint)(ls) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 28
PAPERLESS ORDER granting #27 Defendants' Motion to Abate Discovery and Case Management Deadlines Pending Resolution of the Defendants' Motion to Dismiss, Motion for Protective Order, and Incorporated Memorandum of Law ("Motion"). District courts enjoy broad discretion in deciding how to best manage the cases before them. See Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d 1234, 1269 (11th Cir. 2001); Chrysler Int'l Corp. v. Chemaly, 280 F.3d 1358, 1360 (11th Cir. 2002). And a stay of discovery is appropriate where the movant shows good cause and reasonableness. Varga v. Palm Beach Cap. Mgmt., LLC, No. 09-82398, 2010 WL 8510622, at *1 (S.D. Fla. Sept. 3, 2010) (cleaned up); see also Point Conversions, LLC v. Lopane, No. 20-61549, 2020 WL 6700236, at *1 (S.D. Fla. Oct. 29, 2020) (staying discovery pending a decision on defendant's motion to dismiss which raises serious questions regarding the viability of Plaintiff's Complaint that must be resolved before Defendant is burdened with discovery and other pretrial obligations). Further, where a pending motion may dispose of the entire action, granting a stay of discovery not necessary for resolution of the motion may be justified. See Chudasama v. Mazda Motor Corp., 123 F. 3d 1353, 1367 (11th Cir. 1997) ("Facial challenges to the legal sufficiency of a claim or defense, such as a motion to dismiss based on failure to state a claim for relief, should... be resolved before discovery begins."). Here, upon preliminary review of #19 Defendants' Motion to Dismiss, the Court finds that there is a possibility said Motion could lead to the disposition of this action, so a stay is justified. Therefore, Defendants' #27 Motion is hereby GRANTED. Signed by Judge Rodolfo A. Ruiz, II on 4/8/2022. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 27 MOTION for Protective Order by Molloy Bros. Trucking Inc., The Advance Group. (Attachments: #1 Exhibit 1)(Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 26 REPLY to Response to Motion re #19 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint filed by Molloy Bros. Trucking Inc., The Advance Group. (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 25
PAPERLESS ORDER granting #24 Unopposed Motion for Extension of Time. Defendants shall file a reply in support of their #19 Motion to Dismiss on or before March 15, 2022. Signed by Judge Rodolfo A. Ruiz, II on 2/28/2022. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Set/Reset Deadlines/Hearings as to #19 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint . Replies due by 3/15/2022. (ebz) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #23 Affidavit, #22 Memorandum by Molloy Bros. Trucking Inc., The Advance Group. (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 23 AFFIRMATION in Opposition to #19 Motion to Dismiss for Lack of Jurisdiction #1 Complaint, by Martin Bernsley (Attachments: #1 Exhibit)(mc) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 22 MEMORANDUM of Law in Opposition to #19 Motion to Dismiss for Lack of Jurisdiction #1 Complaint , by Martin Bernsley. (mc) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 21
PAPERLESS ORDER granting #20 Joint Motion for Extension of Time. The parties shall comply with the following revised deadlines: April 18, 2022: The parties shall select a mediator in accordance with Local Rule 16.2; schedule a time, date, and place for mediation; and jointly file a proposed order scheduling mediation via CM/ECF in the form specified on the Court's website.April 26, 2022: The parties shall conduct the Rule 26(a)(1) Mandatory Initial Disclosures.May 9, 2022: The parties shall file all motions to amend pleadings or to join parties. Signed by Judge Rodolfo A. Ruiz, II on 2/11/2022. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 20 Joint MOTION for Extension of Time to file proposed order scheduling mediation, Rule 26(a)(1) mandatory initial disclosures, and amend pleadings or join parties re #16 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, #15 SCHEDULING REPORT - Rule 26(f)/16.1 by Molloy Bros. Trucking Inc., The Advance Group. Responses due by 2/25/2022 (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint by Molloy Bros. Trucking Inc., The Advance Group. Responses due by 2/23/2022 (Attachments: #1 Exhibit 1 - Advance's Declaration, #2 Exhibit 2 - Molloy's Declaration)(Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 18
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 1/27/2022. See attached document for full details. (emd) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 17 NOTICE by Molloy Bros. Trucking Inc., The Advance Group of Non-Waiver of Defenses (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 16
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 11/7/2022 in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 11/1/2022 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 3/9/2022., Discovery due by 7/12/2022., Expert Discovery due by 7/12/2022., Fact Discovery due by 7/12/2022., Joinder of Parties due by 3/9/2022., Mediation Deadline 7/19/2022., In Limine Motions due by 8/23/2022., Dispositive Motions due by 7/26/2022., Motions due by 7/26/2022., Joint Pretrial Stipulation due by 8/23/2022.), ORDER REFERRING CASE to Mediation. (Mediation Deadline 7/19/2022.) ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 1/26/2022. See attached document for full details. (ebz) #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. [Transferred from Florida Southern on 7/27/2022.]
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| Filing 15 Joint SCHEDULING REPORT - Rule 16.1 by Molloy Bros. Trucking Inc., The Advance Group (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Molloy Bros. Trucking Inc., The Advance Group (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 13 Consent by Pro Se Litigant (Non-Prisoner) Martin Bernsley to receive Notices of Electronic Filing at email address: mhbernsley@gmail.com (pc) [Transferred from Florida Southern on 7/27/2022.] |
| Reset Response/Answer Due Deadline: Molloy Bros. Trucking Inc. response/answer due 2/9/2022; The Advance Group response/answer due 2/9/2022. (ls)(per DE #12) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 12
PAPERLESS ORDER granting #11 Defendants' Unopposed Motion for Extension of Time. Defendants shall file an answer to #1 Complaint on or before February 9, 2022. Signed by Judge Rodolfo A. Ruiz, II on 1/7/2022. (rm02) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, #6 Summons Returned Executed, #7 Summons Returned Executed by Molloy Bros. Trucking Inc., The Advance Group. (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 10 NOTICE of Attorney Appearance by Bridgette Mannino Blitch on behalf of Molloy Bros. Trucking Inc., The Advance Group. Attorney Bridgette Mannino Blitch added to party Molloy Bros. Trucking Inc.(pty:dft), Attorney Bridgette Mannino Blitch added to party The Advance Group(pty:dft). (Blitch, Bridgette) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 9
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 1/26/2022 Signed by Judge Rodolfo A. Ruiz, II on 1/5/2022. See attached document for full details. (ebz) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 8 FIRST Clerk's Notice of Undeliverable Mail re #4 Order,. US Mail returned for: Martin Bernsley. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (pgz) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 The Advance Group served on 12/20/2021, response/answer due 1/10/2022. (drz) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Molloy Bros. Trucking Inc. served on 12/20/2021, response/answer due 1/10/2022. (drz) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 5 Summons Issued as to Molloy Bros. Trucking Inc., The Advance Group. (amb) [Transferred from Florida Southern on 7/27/2022.] |
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Filing 4
ORDER TO PERFECT SERVICE. Failure to file proof of service or show good cause by February 8, 2022, will result in a dismissal without further notice. Signed by Judge Rodolfo A. Ruiz, II on 12/13/2021. See attached document for full details. (scn) [Transferred from Florida Southern on 7/27/2022.]
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| Filing 3 Clerks Notice of Receipt of Filing Fee received on 11/10/2021 in the amount of $ 402.00, receipt number FLS000014887 (amb) [Transferred from Florida Southern on 7/27/2022.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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 7/27/2022.] |
| Filing 1 COMPLAINT against John Doe #6 through John Doe #10, Molloy Bros. Trucking Inc., The Advance Group. Filing fees $ 402.00, filed by Martin Bernsley. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(drz) [Transferred from Florida Southern on 7/27/2022.] |
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