Pelfrey v. Mahaffy et al
| Florida Southern District Court | |
| Judge: | Donald M Middlebrooks |
| Referred: | Dave Lee Brannon |
| Case #: | 9:17-cv-80920 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Aug 04, 2017 |
| Terminated: | Mar 21, 2018 |
| Last checked: Wednesday Jan 31, 2018 4:21 AM EST |
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Counter Claimant
Exquadrum, Inc.
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Represented By
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Counter Claimant
Kevin Mahaffy
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Represented By
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Counter Claimant
Eric Schmidt
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Represented By
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Counter Defendant
P3 Technologies, LLC
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Represented By
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Counter Defendant
Philip Pelfrey
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Represented By
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Defendant
Exquadrum, Inc.
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Represented By
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Defendant
Kevin Mahaffy
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Represented By
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Defendant
Eric Schmidt
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Represented By
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Defendant
P3 Technologies, LLC
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Mediator
Fred A. Hazouri
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Plaintiff
Philip Pelfrey
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Represented By
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| Docket last updated: 35 minutes ago |
| Tuesday, October 06, 2020 | ||
| 49 | 49
2
pgs
order
Order on Motion for Extension of Time
Tue 10/06 11:19 AM
ORDER Denying45 Motion to Extend Jurisdiction. Signed by Judge Donald M. Middlebrooks on 10/6/2020. See attached document for full details. (jbs) |
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| Friday, October 02, 2020 | ||
| 48 | 48
respm
Reply to Response to Motion
Fri 10/02 12:38 PM
REPLY to Response to Motion re45 Plaintiff's MOTION for Extension of Time Court's Jurisdiction to Enforce Settlement Agreement filed by P3 Technologies, LLC, Philip Pelfrey. (Coleman, Gregory) |
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| Tuesday, September 29, 2020 | ||
| 47 | 47
respm
Response in Opposition to Motion
Tue 09/29 4:59 PM
RESPONSE in Opposition re45 Plaintiff's MOTION for Extension of Time Court's Jurisdiction to Enforce Settlement Agreement filed by Exquadrum, Inc., Kevin Mahaffy, Eric Schmidt. Replies due by 10/6/2020. (Weiss, Gregory) |
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| Thursday, September 17, 2020 | ||
| 46 | 46
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Motion/R&R Deadlines and Hearings
Thu 09/17 1:36 PM
PAPERLESS ORDER RESERVING JURISDICTION PENDING RULING ON PLAINTIFF'S MOTION FOR EXTENSION OF TIME. Plaintiff has filed a Motion to Extend Court's Jurisdiction to Enforce Settlement Agreement (DE45 ). The certificate of conferral reflects that the motion is opposed by Defendants. I previously reserved jurisdiction through September 20, 2020, and the filing deadline for Defendants' response is September 29, 2020. Therefore I will retain jurisdiction in this matter through and including the date of ruling on Plaintiff's pending motion (DE45 ). Signed by Judge Donald M. Middlebrooks on 9/17/2020. (kal) |
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| Tuesday, September 15, 2020 | ||
| 45 | 45
motion
Extension of Time
Tue 09/15 4:11 PM
Plaintiff's MOTION for Extension of Time Court's Jurisdiction to Enforce Settlement Agreement by P3 Technologies, LLC, Philip Pelfrey. Responses due by 9/29/2020 (Coleman, Gregory) |
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| Wednesday, September 18, 2019 | ||
| 44 | 44
order
Order on Motion for Extension of Time
Wed 09/18 1:49 PM
PAPERLESS ORDER granting43 Joint Motion to Extend Court's Jurisdiction to Enforce Settlement Agreement. Good cause having been shown, the court will reserve jurisdiction to enforce the Parties' settlement agreement through September 20, 2020. Signed by Judge Donald M. Middlebrooks on 9/18/2019. (kal) |
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| Tuesday, September 17, 2019 | ||
| 43 | 43
motion
Extension of Time
Tue 09/17 7:29 AM
Joint MOTION for Extension of Time to Extend Court's Jurisdiction to Enforce Settlement Agreement by P3 Technologies, LLC, Philip Pelfrey. Responses due by 10/1/2019 (Coleman, Gregory) |
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| Thursday, August 23, 2018 | ||
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utility
~Util - Set/Reset Deadlines/Hearings
Thu 08/23 11:29 AM
Set/Reset Deadlines/Hearings as per DE 42 : Settlement Agreement due by 9/20/2018. (lk) |
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| Wednesday, August 22, 2018 | ||
| 42 | 42
order
Order on Motion for Extension of Time
Wed 08/22 6:12 PM
PAPERLESS ORDER granting41 Motion to Extend Court's Jurisdiction to Enforce Settlement Agreement. Good cause having been shown, the court will reserve jurisdiction to enforce the parties' settlement agreement through September 20, 2019. Signed by Judge Donald M. Middlebrooks on 8/22/2018. (kal) |
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| 41 | 41
motion
Extension of Time
Wed 08/22 11:25 AM
Joint MOTION for Extension of Time to Extend Court's Jurisdiction to Enforce Settlement Agreement until September 20, 2019 by Philip Pelfrey. Responses due by 9/5/2018(Coleman, Gregory) |
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Att: 1
Text of Proposed Order
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| Wednesday, March 21, 2018 | ||
| 40 | 40
1
pgs
order
Order Dismissing Case
Thu 03/22 8:48 AM
ORDER DISMISSING CASE with prejudice. The Clerk of Court shall CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 3/20/2018. (lk) |
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| Monday, March 19, 2018 | ||
| 39 | 39
misc
Stipulation of Dismissal
Mon 03/19 8:28 PM
STIPULATION of Dismissal with Prejudice by P3 Technologies, LLC, Philip Pelfrey(DiGangi, Santo) |
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Att: 1
Text of Proposed Order
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| Sunday, March 11, 2018 | ||
| 38 | 38
order
Order on Motion for Extension of Time
Sun 03/11 3:45 PM
ENDORSED ORDER granting37 Second Joint Motion for Extension of Time. The Parties are directed to file closing documents on or before March 16, 2018. The Court hereby reiterates and emphasizes that until appropriate dismissal papers are filed, this case will remain on the trial calendar and all deadlines set forth in the Court's Pretrial Scheduling Order will remain in effect. In particular, the Parties are advised that their ongoing efforts to finalize this settlement will not be deemed good cause for extending the March 19, 2018 deadline for filing the Joint Pretrial Stipulation. Signed by Judge Donald M. Middlebrooks on 3/11/2018. (kal) |
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| Friday, March 09, 2018 | ||
| 37 | 37
motion
Extension of Time
Fri 03/09 4:14 PM
Joint MOTION for Extension of Time Filing Deadline for Closing Documents re 36 Order on Motion for Extension of Time,, by Exquadrum, Inc.. Responses due by 3/23/2018(Weiss, Gregory) |
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Att: 1
Text of Proposed Order
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| Wednesday, February 28, 2018 | ||
| 36 | 36
order
Order on Motion for Extension of Time
Wed 02/28 10:33 AM
ENDORSED ORDER granting35 Motion for Extension of Time. The deadline for the Parties to file dismissal documents is extended to March 9, 2018. The Parties are advised that if necessary, they may request that the Court retain jurisdiction for a specified period of time to enforce the terms of their settlement agreement. The Parties are further advised that until appropriate dismissal documents are filed, this case will remain on the court's trial calendar and all deadlines set forth in the Court's Pretrial Scheduling Order will remain in effect. Signed by Judge Donald M. Middlebrooks on 2/28/2018. (kal) |
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| Tuesday, February 27, 2018 | ||
| 35 | 35
motion
Extension of Time
Tue 02/27 10:08 AM
Joint MOTION for Extension of Time to file Closing Documents by P3 Technologies, LLC, Philip Pelfrey. Responses due by 3/13/2018(Coleman, Gregory) |
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Att: 1
Text of Proposed Order
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| Monday, February 26, 2018 | ||
| 34 | 34
order
Order
Mon 02/26 3:47 PM
ENDORSED ORDER. In light of the settlement reached during the Parties' mediation on February 8, 2018, this Court ordered closing documents to be filed on or before February 23, 2018. The Parties failed to comply and therefore this deadline is extended to February 28, 2018. The Parties are advised that if necessary, they may request that the Court retain jurisdiction for a specified period of time to enforce the terms of their settlement agreement. The Parties are further advised that until appropriate dismissal documents are filed, this case will remain on the court's trial calendar and all deadlines set forth in the Court's Pretrial Scheduling Order will remain in effect. Signed by Judge Donald M. Middlebrooks on 2/26/2018. (kal) |
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| Tuesday, February 13, 2018 | ||
| 33 | 33
order
Order
Tue 02/13 11:39 AM
ENDORSED ORDER. The Report of Civil Mediation (DE32 ) filed on February 9, 2018, indicates that the Parties have settled this matter pending completion of a final written agreement. Accordingly, the Parties shall file appropriate closing documents on or before February 23, 2018. Until appropriate dismissal papers are filed, this case will remain on the court's trial calendar and all deadlines set forth in the Court's Pretrial Scheduling Order will remain in effect. Signed by Judge Donald M. Middlebrooks on 2/13/2018. (kal) |
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| Friday, February 09, 2018 | ||
| 32 | 32
adr
Mediation Report
Fri 02/09 9:31 AM
FINAL MEDIATION REPORT by Fred Hazouri. Disposition: Adjourned.(Coleman, Gregory) |
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| Wednesday, February 07, 2018 | ||
| 31 | 31
16
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 02/07 2:00 PM
ORDER granting in part and denying in part24 Motion to Dismiss for Failure to State a Claim. Amended Pleadings due by 2/23/2018. Signed by Judge Donald M. Middlebrooks on 2/6/2018. (lk) |
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| Friday, February 02, 2018 | ||
| 30 | 30
12
pgs
order
Order on Motion to Dismiss
Fri 02/02 4:23 PM
ORDER denying13 Motion to Dismiss Complaint. Signed by Judge Donald M. Middlebrooks on 2/2/2018. (kal) |
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| Tuesday, January 23, 2018 | ||
| 29 | 29
adr
Notice of Mediator Selection and/or Hearing
Tue 01/23 10:58 AM
NOTICE of Mediator Selection. Added Fred A. Hazouri. (Coleman, Gregory) |
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| Tuesday, October 31, 2017 | ||
| 28 | 28
trial
Witness List
Tue 10/31 5:38 PM
Witness List by P3 Technologies, LLC, Philip Pelfrey.. (DiGangi, Santo) |
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| 27 | 27
trial
Witness List
Tue 10/31 1:41 PM
Witness List Defendant/Counter-Plaintiff, Exquadrum, Inc.'s Initial Expert Witness Disclosures by Exquadrum, Inc... (Weiss, Gregory) |
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| Monday, October 30, 2017 | ||
| 26 | 26
respm
Reply to Response to Motion
Mon 10/30 10:11 AM
REPLY to Response to Motion re24 MOTION TO DISMISS16 Counterclaim, FOR FAILURE TO STATE A CLAIM and Incorporate Memorandum of Law filed by P3 Technologies, LLC, Philip Pelfrey. (Coleman, Gregory) |
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| Monday, October 23, 2017 | ||
| 25 | 25
respm
Response in Opposition to Motion
Mon 10/23 11:12 AM
RESPONSE in Opposition re24 MOTION TO DISMISS16 Counterclaim, FOR FAILURE TO STATE A CLAIM Counter-Plaintiff, Exquadrum, Inc.'s Opposition to Counter-Defendants, Philip Pelfrey and P3 Technologies' Motion to Dismiss Counter-Claim [DE 24] filed by Exquadrum, Inc.. Replies due by 10/30/2017. (Weiss, Gregory) |
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| Monday, October 09, 2017 | ||
| 24 | 24
motion
Dismiss for Failure to State a Claim
Mon 10/09 12:05 PM
MOTION TO DISMISS16 Counterclaim, FOR FAILURE TO STATE A CLAIM by P3 Technologies, LLC, Philip Pelfrey. Attorney Gregory William Coleman added to party P3 Technologies, LLC(pty:cd). Responses due by 10/23/2017 (Coleman, Gregory) |
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| Friday, October 06, 2017 | ||
| 23 | 23
respm
Reply to Response to Motion
Fri 10/06 2:59 PM
REPLY to Response to Motion re13 MOTION to Dismiss with Prejudice4 Amended Complaint Defendants, Kevin Mahaffy, Eric Schmidt, and Exquadrum, Inc.'s Reply to Plaintiff, Philip Pelfrey's Response to Defendants' Motion to Dismiss Plaintiff's Amended Complaint [DE 13] filed by Exquadrum, Inc., Kevin Mahaffy, Eric Schmidt. (Weiss, Gregory) |
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| Wednesday, October 04, 2017 | ||
| 22 | 22
order
Protective Order
Wed 10/04 12:58 PM
ORDER ENTERING STIPULATED PROTECTIVE ORDER Signed by Judge Donald M. Middlebrooks on 10/3/2017. (ail) |
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| Monday, October 02, 2017 | ||
| 21 | 21
misc
Stipulation
Mon 10/02 4:01 PM
STIPULATION for Protective Order to Govern Dissemination of Confidential Information by Philip Pelfrey (DiGangi, Santo) |
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| Friday, September 29, 2017 | ||
| 20 | 20
respm
Response to Motion
Fri 09/29 11:04 AM
RESPONSE to Motion re3 Defendant's MOTION to Dismiss1 Notice of Removal (State Court Complaint) Defendants', Kevin Mahaffy, Eric Schmidt and Exquadrum, Inc.'s Motion to Dismiss Plaintiff Philip Pelfrey's Complaint filed by Philip Pelfrey. Replies due by 10/6/2017. (Coleman, Gregory) |
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| Tuesday, September 26, 2017 | ||
| 19 | 19
misc
Initial Disclosure(s)
Tue 09/26 10:33 AM
Initial Disclosure(s) of Rule 26(a)(1) Initial Disclosures by Exquadrum, Inc., Kevin Mahaffy, Eric Schmidt (Weiss, Gregory) |
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| Monday, September 25, 2017 | ||
| 18 | 18
misc
Initial Disclosure(s)
Mon 09/25 3:20 PM
Initial Disclosure(s) by Philip Pelfrey (DiGangi, Santo) |
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| 17 | 17
misc
Scheduling Report - Rule 26(f)/16.1
Mon 09/25 3:14 PM
Joint SCHEDULING REPORT - Rule 26(f) by Philip Pelfrey (DiGangi, Santo) |
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| Monday, September 18, 2017 | ||
| 16 | 16
cmp
Counterclaim
Mon 09/18 7:15 PM
COUNTERCLAIM Defendant, Exquadrum, Inc.'s Counter-Claim Against Philip Pelfrey and P3 Technologies, LLC against Philip Pelfrey, P3 Technologies, LLC, filed by Exquadrum, Inc., Eric Schmidt, Kevin Mahaffy.(Weiss, Gregory) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Friday, September 15, 2017 | ||
| 15 | 15
order
Order on Motion for Extension of Time
Fri 09/15 4:35 PM
ENDORSED ORDER granting14 Motion for Extension of Time. The Joint Discovery Plan is due September 22, 2017 and the response to Defendants' Motion to Dismiss is due September 29, 2017. Signed by Judge Donald M. Middlebrooks on 9/15/2017. (kcr) |
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| 14 | 14
motion
Extension of Time
Fri 09/15 12:35 PM
Plaintiff's MOTION for Extension of Time to respond to Defendants' Motion to Dismiss Amended Complaint and to File Joint Discovery Plan by Philip Pelfrey. Responses due by 9/29/2017 (Coleman, Gregory) |
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| Tuesday, September 05, 2017 | ||
| 13 | 13
motion
Dismiss
Tue 09/05 4:55 PM
MOTION to Dismiss with Prejudice4 Amended Complaint by Exquadrum, Inc., Kevin Mahaffy, Eric Schmidt. Responses due by 9/19/2017 (Weiss, Gregory) |
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| Wednesday, August 30, 2017 | ||
| 12 | 12
order
Order on Motion to Appear Pro Hac Vice
Wed 08/30 11:31 AM
ENDORSED ORDER granting8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Thomas M. O'Connell. Signed by Judge Donald M. Middlebrooks on 8/30/2017. (kcr) |
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| 11 | 11
order
Order on Motion to Appear Pro Hac Vice
Wed 08/30 11:30 AM
ENDORSED ORDER granting7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Howard B. Golds. Signed by Judge Donald M. Middlebrooks on 8/30/2017. (kcr) |
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| 10 | 10
utility
Case Referred to Mediation
Wed 08/30 9:46 AM
CASE REFERRED to Mediation SEE DE 99 ORDER. (ail) |
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| 9 | 9
order
Scheduling Order
Wed 08/30 9:29 AM
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 9/18/2017. Discovery due by 1/22/2018. Joinder of Parties due by 9/18/2017. In Limine Motions due by 2/5/2018. Dispositive Motions due by 2/5/2018. Motions due by 2/5/2018. Pretrial Stipulation due by 3/19/2018. Signed by Magistrate Judge Dave Lee Brannon on 8/29/2017. (ail) |
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| Tuesday, August 29, 2017 | ||
| 8 | 8
motion
Appear Pro Hac Vice
Tue 08/29 11:34 AM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas M. O'Connell, Esq.. Filing Fee $ 75.00 Receipt # 113C-10008226 by Exquadrum, Inc., Kevin Mahaffy, Eric Schmidt. Responses due by 9/12/2017(Weiss, Gregory) |
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Att: 1
Text of Proposed Order
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| 7 | 7
motion
Appear Pro Hac Vice
Tue 08/29 11:25 AM
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Howard B. Golds, Esq.. Filing Fee $ 75.00 Receipt # 113C-10008161 by Exquadrum, Inc., Kevin Mahaffy, Eric Schmidt. Responses due by 9/12/2017(Weiss, Gregory) |
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Att: 1
Text of Proposed Order
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| Friday, August 25, 2017 | ||
| 6 | 6
3
pgs
order
Order ~Util - Set/Reset Hearings
Fri 08/25 10:13 AM
ORDER REFERRING CASE AND SETTING TRIAL DATE: Calendar Call set for 4/11/2018 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 4/16/2018 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 8/24/2017. (ail) |
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| Monday, August 21, 2017 | ||
| 5 | 5
order
Order on Motion to Dismiss
Mon 08/21 6:14 PM
ENDORSED ORDER denying as moot3 Motion to Dismiss in light of Amended Complaint. Signed by Judge Donald M. Middlebrooks on 8/21/2017. (kcr) |
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| 4 | 4
cmp
Amended Complaint
Mon 08/21 2:27 PM
AMENDED COMPLAINT for Damages against All Defendants, filed by Philip Pelfrey.(Coleman, Gregory) |
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Att: 1
Exhibit Exhibit A
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| Monday, August 07, 2017 | ||
| 3 | 3
motion
Dismiss
Mon 08/07 10:46 AM
Defendant's MOTION to Dismiss1 Notice of Removal (State Court Complaint) Defendants', Kevin Mahaffy, Eric Schmidt and Exquadrum, Inc.'s Motion to Dismiss Plaintiff Philip Pelfrey's Complaint by Exquadrum, Inc., Kevin Mahaffy, Eric Schmidt. Responses due by 8/21/2017 (Weiss, Gregory) |
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| Friday, August 04, 2017 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 08/07 9:16 AM
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (ail) |
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| 1 | 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-9948501, filed by Exquadrum, Inc., Eric Schmidt, Kevin Mahaffy.(Weiss, Gregory)
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Att: 1
Exhibit State Court Pleadings,
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Att: 2
Civil Cover Sheet
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