Rainner et al v. Joe Taylor Restoration, Inc. et al
| Florida Southern District Court | |
| Judge: | Aileen M Cannon |
| Case #: | 9:24-cv-80052 |
| Nature of Suit | 480 Other Statutes - Consumer Credit |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Jan 18, 2024 |
| Terminated: | May 15, 2024 |
| Last checked: Tuesday Jul 16, 2024 4:17 AM EDT |
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Defendant
Joe Taylor Restoration, Inc.
a Florida corporation Attn: Joe Taylor, Registered Agent 855 N.W. 17th Avenue Suite C
Delray Beach, FL 33445 |
Represented By
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Defendant
Padula Bennardo Levine, LLP
a Florida limited liability partnership Attn: Stephen J. Padula, RA 3837 NW Boca Raton Blvd. # 200
Boca Raton, FL 33431 |
Represented By
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Defendant
Joshua Widlansky
Florida limited liability partnership 8287 NW 128th Lane
Parkland, FL 33076 |
Represented By
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Plaintiff
Castille Etienne
individually Farrow Law Firm 1 Alhambra Plaza Penthouse
Coral Gables, FL 33134 |
Represented By
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Plaintiff
Joe Rainner
individually Farrow Law Firm 1 Alhambra Plaza Penthouse
Coral Gables, FL 33134 |
Represented By
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| Docket last updated: 8 hours ago |
| Wednesday, May 15, 2024 | ||
| 24 | 24
1
pgs
order
Order Dismissing/Closing Case or Party
Wed 05/15 9:47 AM
ORDER CLOSING CASE. The Clerk of Court shall CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Judge Aileen M. Cannon on 5/14/2024. See attached document for full details. (ebz) |
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| Monday, May 13, 2024 | ||
| 23 | 23
notice
Notice of Voluntary Dismissal - aty
Mon 05/13 2:12 PM
NOTICE of Voluntary Dismissal Without Prejudice by Castille Etienne, Joe Rainner (Farrow, Jay) |
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| Tuesday, May 07, 2024 | ||
| 22 | 22
2
pgs
order
Order to Show Cause
Wed 05/08 10:07 AM
ORDER TO SHOW CAUSE. Show Cause Response due by 5/13/2024. Signed by Judge Aileen M. Cannon on 5/7/2024. See attached document for full details. (ebz) |
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| Tuesday, April 23, 2024 | ||
| 21 | 21
order
- Order (PAPERLESS or pdf attached)
Tue 04/23 5:15 PM
PAPERLESS ORDER: The Court is in receipt of the unopposed Notice of Filing Joint Stipulation to Transfer Case to the Circuit Court of the Fifteenth Judicial Circuit for Palm Beach County, Florida20 . The parties are reminded that a case originating in federal court, with federal subject matter jurisdiction, cannot simply be transferred to state court as the parties request. See 28 U.S.C. § 1404(a) ("[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."). On or before April 25, 2024, the parties are directed to either file a joint motion to stay pending state court litigation, or, alternatively, Plaintiff may dismiss the action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment pursuant to Rule 41(a)(1)(A)(i). Signed by Judge Aileen M. Cannon on 4/23/2024. (mdo) |
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| Monday, April 22, 2024 | ||
| 20 | 20
notice
Notice (Other)
Mon 04/22 11:25 AM
Unopposed NOTICE Of Filing Joint Stipulation and Agreement of the Parties to Transfer Case to Circuit Court of the Fifteenth Judicial Circuit for Palm Beach County, Florida by Castille Etienne, Joe Rainner re18 MOTION to Stay or Alternatively Motion to Transfer Case (Farrow, Jay) |
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Att: 1
Text of Proposed Order Joint Stipulation for Transfer of Case
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| Friday, April 19, 2024 | ||
| 19 | 19
order
- Order (PAPERLESS or pdf attached)
Fri 04/19 11:59 AM
PAPERLESS ORDER: The Court is in receipt of Plaintiffs'18 Motion to Stay or Alternatively Transfer the Case. On or before April 25, 2024, Defendants shall file a response to Plaintiffs' Motion clearly stating their position as to Plaintiffs' Motion, with supporting authorities/rationale. Signed by Judge Aileen M. Cannon on 4/19/2024. (mdo) |
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| Monday, April 15, 2024 | ||
| 18 | 18
motion
Stay
Mon 04/15 6:50 PM
MOTION to Stay or Alternatively Motion to Transfer Case by Castille Etienne, Joe Rainner. Responses due by 4/29/2024. (Farrow, Jay) |
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| Wednesday, March 27, 2024 | ||
| 17 | 17
order
Order on Motion for Extension of Time
Wed 03/27 9:51 AM
PAPERLESS ORDER granting Plaintiffs'16 Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. On or before April 14, 2024 , Plaintiffs shall respond to Defendants' Motion to Dismiss. Signed by Judge Aileen M. Cannon on 3/27/2024. (mdo) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Wed 03/27 11:57 AM
Set/Reset Deadlines/Hearings as to12 MOTION TO DISMISS1 Complaint,,,,,,,,, FOR FAILURE TO STATE A CLAIM - DEFENDANTS MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, MOTION TO STAY . Responses due by 4/14/2024. Per DE 17 Order. (ebz) |
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| Monday, March 25, 2024 | ||
| 16 | 16
motion
Extension of Time
Mon 03/25 2:18 PM
Unopposed MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss re12 MOTION TO DISMISS1 Complaint,,,,,,,,, FOR FAILURE TO STATE A CLAIM - DEFENDANTS MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, MOTION TO STAY by Castille Etienne, Joe Rainner. Responses due by 4/8/2024. (Farrow, Jay) |
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| Tuesday, March 12, 2024 | ||
| 15 | 15
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 03/12 9:02 AM
PAPERLESS ORDER granting Plaintiffs'14 Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. On or before March 27, 2024 , Plaintiffs shall respond to Defendants' Motion to Dismiss. Moving forward, any requests for extension or enlargement must be filed sufficiently in advance of the deadline at issue . Signed by Judge Aileen M. Cannon on 3/12/2023. (mdo) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Tue 03/12 9:25 AM
Set/Reset Deadlines/Hearings as to12 MOTION TO DISMISS1 Complaint. FOR FAILURE TO STATE A CLAIM - DEFENDANTS MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, MOTION TO STAY . Responses due by 3/27/2024. Per DE 15 Order. (ebz) |
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| Monday, March 11, 2024 | ||
| 14 | 14
motion
Extension of Time to File Response/Reply/Answer
Mon 03/11 4:38 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to12 MOTION TO DISMISS1 Complaint,,,,,,,,, FOR FAILURE TO STATE A CLAIM - DEFENDANTS MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, MOTION TO STAY by Castille Etienne, Joe Rainner. (Farrow, Jay) |
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| Thursday, February 29, 2024 | ||
| 13 | 13
notice
Notice of Compliance
Thu 02/29 10:28 AM
NOTICE of Compliance with Local Rule 16.1(B)(4) by Castille Etienne, Joe Rainner (Farrow, Jay) |
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Att: 1
Exhibit Exhibit A - Rule 16.1 Pretrial Procedure in Civil Actions
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| Tuesday, February 27, 2024 | ||
| 12 | 12
motion
Dismiss for Failure to State a Claim
Tue 02/27 4:23 PM
MOTION TO DISMISS1 Complaint,,,,,,,,, FOR FAILURE TO STATE A CLAIM - DEFENDANTS MOTION TO DISMISS THE COMPLAINT, OR IN THE ALTERNATIVE, MOTION TO STAY by Joe Taylor Restoration, Inc., Padula Bennardo Levine, LLP, Joshua Widlansky. Responses due by 3/12/2024.(Padula, Stephen) |
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Att: 1
Exhibit 1 - 2023.03.16 - Complaint,
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Att: 2
Exhibit 2 - 2023.05.23 - Rainner's Response to Allegations and Affirmative Defenses,
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Att: 3
Exhibit 3 - 2023.06.23 - Affidavit of Joe Rainner.pdf,
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Att: 4
Exhibit 4 - 2023.11.01 - Defendants' Sworn Amended Motion to Vacate Order of Default Judgment.pdf
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| Tuesday, February 13, 2024 | ||
| 11 | 11
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 02/13 10:27 AM
PAPERLESS ORDER granting Defendants'10 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendants shall respond to Plaintiffs' Complaint on or before February 27, 2024 . Signed by Judge Aileen M. Cannon on 2/13/2024. (mdo) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Tue 02/13 2:58 PM
Set/Reset Response/Answer Due Deadline: Joe Taylor Restoration, Inc. response/answer due 2/27/2024; Padula Bennardo Levine, LLP response/answer due 2/27/2024; Joshua Widlansky response/answer due 2/27/2024. Per DE 11 Order. (ebz) |
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| Monday, February 12, 2024 | ||
| 10 | 10
motion
Extension of Time to File Response/Reply/Answer
Mon 02/12 3:39 PM
MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint,,,,,,,,, by Joe Taylor Restoration, Inc., Padula Bennardo Levine, LLP, Joshua Widlansky. Attorney Stephen Joseph Padula added to party Joe Taylor Restoration, Inc. (pty:dft), Attorney Stephen Joseph Padula added to party Padula Bennardo Levine, LLP(pty:dft), Attorney Stephen Joseph Padula added to party Joshua Widlansky(pty:dft).(Padula, Stephen) |
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Att: 1
Text of Proposed Order
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| Wednesday, January 31, 2024 | ||
| 9 | 9
service
Summons (Affidavit) Returned Executed
Wed 01/31 1:58 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint,,,,,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Joe Rainner, Castille Etienne. (Farrow, Jay) |
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| Wednesday, January 24, 2024 | ||
| 8 | 8
order
- Order (PAPERLESS or pdf attached)
Wed 01/24 3:08 PM
ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 1/24/2024. See attached document for full details. (nan) |
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| Tuesday, January 23, 2024 | ||
| 7 | 7
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Tue 01/23 2:59 PM
Clerk's Notice to Filer re5 Summons Returned Executed,. Duplicate Return Entered ; ERROR - Duplicate Return was entered. (ebz) |
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| 6 | 6
service
Summons (Affidavit) Returned Executed
Tue 01/23 1:32 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint,,,,,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Joe Rainner, Castille Etienne. Padula Bennardo Levine, LLP served on 1/22/2024, response/answer due 2/12/2024. (Farrow, Jay) |
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| 5 | 5
service
Summons (Affidavit) Returned Executed
Tue 01/23 1:01 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint,,,,,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Joe Rainner, Castille Etienne. Joe Taylor Restoration, Inc. served on 1/22/2024, response/answer due 2/12/2024. (Farrow, Jay) |
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| Monday, January 22, 2024 | ||
| 4 | 4
service
Summons (Affidavit) Returned Executed
Mon 01/22 1:25 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint,,,,,,,,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Joe Rainner, Castille Etienne. Joshua Widlansky served on 1/19/2024, response/answer due 2/9/2024. (Farrow, Jay) |
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| Thursday, January 18, 2024 | ||
| 3 | 3
service
Summons Issued
Thu 01/18 1:32 PM
Summons Issued as to Joe Taylor Restoration, Inc., Padula Bennardo Levine, LLP, Joshua Widlansky. (nan) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 01/18 10:49 AM
Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (nan) |
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| 1 | 1
cmp
Complaint
Thu 01/18 10:13 AM
COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17221843, filed by Joe Rainner.(Farrow, Jay) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit Ex A Warranty Deed,
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Att: 3
Exhibit Ex B Firm Complaints, Claim of Lien,
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Att: 4
Exhibit Ex C 2023 03 06 Firm Defs ltr to Ps encl Kors Aff,
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Att: 5
Exhibit Ex D 2023 03 16 Lien Foreclosure Complaint,
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Att: 6
Exhibit Ex E 2022 07 14 JTR Contract Exec,
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Att: 7
Exhibit Ex F 2022 07 15 JTR 24 Hr Report and Photos,
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Att: 8
Exhibit Ex G 2022 07 15 Maria JTR Text,
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Att: 9
Exhibit Ex H-1 2022 07 22 $22,169 - Contract and Fire Estimate,
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Att: 10
Exhibit Ex H-2 2022 07 29 JTR Inv # 40569 $24,405.74 - Fire Invoice,
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Att: 11
Exhibit Ex H-3 2022 07 29 JTR Inv # 40569 $24,243.90 - Fire Invoice,
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Att: 12
Exhibit Ex H-4 2022 10 14 Claim of Lien - Fire Rem $24,405 - $24,432,
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Att: 13
Exhibit Ex H-5 2022 10 14 Claim of Lien - Water Rem $2883,
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Att: 14
Exhibit Ex H-6 2022 10 21 Combined Fire and Water Statement $27,788.95,
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Att: 15
Exhibit Ex H-7 2022 11 18 JTR Est $24, 243.90 w pics,
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Att: 16
Exhibit Ex H-8 2023 02 01 Osciak Revised Final Notice,
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Att: 17
Exhibit Ex H-9 2023 03 06 Widlansky ltr encl JTR Final Payment Aff,
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Att: 18
Exhibit Ex H-10 2023 05 05 JTR Est $$22,252.87,
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Att: 19
Exhibit Ex H-11 2023 05 16 Widlandsky Payoff to Rainner,
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Att: 20
Exhibit Ex H-12 2023 05 23 JTR Est $21,790.43 - Fire Estimate,
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Att: 21
Exhibit Ex H-13 2023 06 19 $$21,790.43 - Fire Estimate,
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Att: 22
Exhibit Ex H-14 2023 08 08 Widlandsky Email to Rainner $3,276.43,
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Att: 23
Exhibit Ex H-15 2023 10 02 Widlandsky email to P $6,144.00,
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Att: 24
Exhibit Ex H-16 2022 11 18 G. Galarza Items to be Removed EML,
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Att: 25
Exhibit Ex H-17 2023 05 16 L. Owen Unauth Charges - G. Galarza Calculates Final Amount Due,
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Att: 26
Exhibit Ex I Check $1,608.41,
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Att: 27
Exhibit Ex J Check $15, 180,
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Att: 28
Exhibit Ex K 2022 10 14 Claim of Lien - Fire Rem $24,405,
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Att: 29
Exhibit Ex L 2022 10 14 Claim of Lien - Water Rem $2,883,
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Att: 30
Exhibit Ex M Email Exchanges with Widlandsky Apr - Aug 2023,
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Att: 31
Exhibit Ex N 2023 04 17 Rainner Cashiers Check $15,500 - Fire,
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Att: 32
Exhibit Ex O Check 5196,
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Att: 33
Summon(s) Summons for Issuance Joe Taylor Restoration,
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Att: 34
Summon(s) Summons for Issuance Joshua Widlansky,
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Att: 35
Summon(s) Summons for Issuance Padula Bennardo Levine LLP
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