SIGNORELLO et al v. MURPHY
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:24-cv-22206 |
| Nature of Suit | 320 Torts - Personal Injury - Assault, Libel, & Slander |
| Cause | 28:1332 Diversity |
| Case Filed: | Jun 07, 2024 |
| Terminated: | Aug 05, 2024 |
| Last checked: Friday Dec 06, 2024 5:00 AM EST |
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Defendant
SERRE FULTON MURPHY
5026 SE Cesar E. Chavez Boulevard
Portland, OR 97202 |
Represented By
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Plaintiff
PORTER NEUBAUER
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Represented By
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Plaintiff
COLE SIGNORELLO
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Represented By
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| Docket last updated: 11/13/2025 11:59 PM EST |
| Thursday, September 25, 2025 | ||
| 46 | 46
4
pgs
motion
Default Judgment
Thu 09/25 6:03 PM
Plaintiff's MOTION for Default Judgment (FINAL) by PORTER NEUBAUER, COLE SIGNORELLO.(Hertell, Hans) |
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Att: 1
Text of Proposed Order FINAL DEFAULT JUDGMENT AND PERMANENT INJUNCTION
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| Wednesday, September 17, 2025 | ||
| 45 | 45
14
pgs
order
Order on Report and Recommendations Order on Motion for Default Judgment
Wed 09/17 9:40 PM
ORDER ADOPTING IN PART37 Report and Recommendations; GRANTING IN PART20 Motion for Default Judgment. Signed by Judge K. Michael Moore on 9/17/2025. See attached document for full details. (ss01) |
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| Monday, September 08, 2025 | ||
| 44 | 44
5
pgs
respoth
Response to Objection to Report and Recommendations
Mon 09/08 5:43 PM
RESPONSE TO OBJECTION to37 Report and Recommendations by PORTER NEUBAUER, COLE SIGNORELLO. (Hertell, Hans) |
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| Wednesday, August 27, 2025 | ||
| 43 | 43
4
pgs
respoth
Objections to Report and Recommendations
Wed 08/27 6:28 PM
OBJECTIONS to37 Report and Recommendations by SERRE FULTON MURPHY.(Wickhorst, George) |
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Att: 1
33 pgs
Exhibit A
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| 42 | 42
14
pgs
respoth
Objections to Report and Recommendations
Wed 08/27 4:43 PM
OBJECTIONS to37 Report and Recommendations by PORTER NEUBAUER, COLE SIGNORELLO. (Hertell, Hans) |
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| Thursday, August 21, 2025 | ||
| 41 | 41
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 08/21 1:33 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for Extension of Time to File Objections to Report and Recommendation.40 . Therein, Plaintiffs seek an extension of one (1) week to file objections to the pending Report and Recommendation (ECF No. 37) "[d]ue to the press of other professional commitments and work travel previously scheduled."40 at 1. Defendant does not oppose an extension applied to both Parties. Id. While Plaintiffs "expressly reserve... their position that Defendant has forfeited the right to object to the R&R following entry of default," such arguments may be raised, if pertinent, in response to any objections filed. Id. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion40 is GRANTED. The deadline for any Parties to respond to the R&R is extended to August 27, 2025. No further extensions will be granted in this matter absent compelling circumstances. Signed by Judge K. Michael Moore on 8/21/2025. (ss01) |
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| Wednesday, August 20, 2025 | ||
| 40 | 40
motion
Extension of Time to File Response/Reply/Answer
Wed 08/20 8:24 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to37 REPORT AND RECOMMENDATIONS re20 MOTION for Default Judgment filed by PORTER NEUBAUER, COLE SIGNORELLO Recommending Motion, ECF No.20 , be GRANTED in part and DENIED in part. by PORTER NEUBAUER, COLE SIGNORELLO. (Steinberg, Martin) |
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| Tuesday, August 19, 2025 | ||
| 39 | 39
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 08/19 1:41 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Extension of Time to File Objections to Report and Recommendation.38 . Therein, Plaintiffs explain their grounds for seeking a one-week extension of time to file their objections to the pending Report and Recommendation (ECF No. 37), but indicate that the Parties have failed to confer because Defendant's counsel did not respond to several outreach requests in the days leading up to the filing.38 at 2. Local Rule 7.1(a) provides that counsel for the movant must confer with all parties in a good faith effort to resolve the issues in the motion. Accordingly, it is ORDERED AND ADJUDGED that the Motion for Extension of Time is DENIED WITHOUT PREJUDICE. The Court notes that the non-moving party's cooperation is required by Local Rule 7.1(a), and Defendant's counsel was provided ample opportunity to do so. Accordingly, Defendant's counsel is DIRECTED to respond to Plaintiffs' counsel's conferral efforts on or before August 20, 2025, and Plaintiffs shall be allowed to refile the Motion on or after August 21, 2025, regardless of whether conferral has occurred. Defendants' refusal to confer may result in the imposition of sanctions. Plaintiffs' future motion filed according to the schedule contemplated herein will be considered timely. Signed by Judge K. Michael Moore on 8/19/2025. (ss01) |
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| Monday, August 18, 2025 | ||
| 38 | 38
3
pgs
motion
Extension of Time to File Response/Reply/Answer
Mon 08/18 3:24 PM
Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to37 REPORT AND RECOMMENDATIONS re20 MOTION for Default Judgment filed by PORTER NEUBAUER, COLE SIGNORELLO Recommending Motion, ECF No.20 , be GRANTED in part and DENIED in part. by PORTER NEUBAUER, COLE SIGNORELLO. (Hertell, Hans) |
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| Wednesday, August 06, 2025 | ||
| 37 | 37
33
pgs
motion
Report and Recommendations
Wed 08/06 9:02 PM
REPORT AND RECOMMENDATIONS Recommending Plaintiffs' Motion for Default Judgment, ECF No.20 , be GRANTED in part and DENIED in part. Objections to R&R due by 8/20/2025 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/6/2025. See attached document for full details. (MFE) |
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| Tuesday, August 05, 2025 | ||
| 36 | 36
2
pgs
misc
Affidavit
Tue 08/05 7:07 PM
AFFIDAVIT in Compliance with Court Order signed by: Marty Steinberg re 34 Order,,,,, by PORTER NEUBAUER, COLE SIGNORELLO(Hertell, Hans) |
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Att: 1
Exhibit A - Military Status Report
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| 35 | 35
notice
Notice of Attorney Appearance
Tue 08/05 6:58 PM
NOTICE of Attorney Appearance by Hans Helmut Hertell on behalf of PORTER NEUBAUER, COLE SIGNORELLO. Attorney Hans Helmut Hertell added to party PORTER NEUBAUER(pty:pla), Attorney Hans Helmut Hertell added to party COLE SIGNORELLO(pty:pla). (Hertell, Hans) |
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| Monday, August 04, 2025 | ||
| 34 | 34
order
- Order (PAPERLESS or pdf attached)
Mon 08/04 12:03 PM
PAPERLESS ORDER. THIS CAUSE is before the Court on a sua sponte review of the record. Pursuant to 50 U.S.C. App'x § 521, a plaintiff who seeks the entry of a default judgment in its favor against an individual must file an affidavit: (A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or (B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. See 50 U.S.C. App'x § 521(b); United States Sur. Co. v. Belloit , No. 24-CV-235-WWB-MCR, 2024 WL 5372678, at *1 (M.D. Fla. Sept. 23, 2024) (denying motion for default judgment for failure to comply with § 521). Here, Plaintiffs have not done so. See ECF No.20 ; ECF No.21 ; ECF No.22 ; ECF No.23 . Accordingly, Plaintiffs are ORDERED to file an affidavit containing the appropriate certification under § 521 no later than August 5, 2025 . Failure to timely file a compliant affidavit will result in the undersigned recommending that Plaintiffs' Motion for Default Judgment, ECF No.20 , be denied without prejudice. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/4/2025. (MFE) |
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| Tuesday, June 03, 2025 | ||
| 33 | 33
order
Order Referring Motion
Tue 06/03 3:04 PM
PAPERLESS ORDER OF REFERRAL TO MAGISTRATE JUDGE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law and/or to issue a Report and Recommendation regarding Plaintiffs' Motion for Default Judgment20 . Signed by Judge K. Michael Moore on 6/3/2025. (ss01) |
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| 32 | 32
order
Order on Motion to Strike Order on Motion for Sanctions
Tue 06/03 2:47 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion to Strike Defendant's Counterclaim and Additional Parties and for Sanctions (the "Motion")28 and Defendant's Notice of Filing Text of Proposed Order (the "Filing Notice").31 . In the Motion, Plaintiffs moved to strike Defendant's Complaint and Counterclaim (the "Counterclaim") (ECF No. 24) and Defendant's Notice of Entry of Parties (the "Entry Notice") (ECF No. 26), which were both filed after the Court entered default against Defendant (ECF No. 9) and denied his Motion to Set Aside Default (ECF No. 18). In support of the Motion, Plaintiffs argue that Defendant's Counterclaim and Entry Notice are "procedurally and legally improper" because after entry of default, Defendant "no longer [had] standing in this case" and had no right to file any document other than a motion to set aside default.28 at 3-4 (collecting cases). Defendant's time to respond to the Motion expired. He then filed the Filing Notice, which appears to be a joint stipulation to the sequence of filings described above and to the following facts: that "Defendant's counsel subsequently contacted Plaintiff's counsel and agreed to the entry of an Order withdrawing and/or striking such pleadings, as well as requesting the Court to remove such pleadings from the Record, and, if that is not possible, to seal such pleadings"; and that "Plaintiffs agreed that if the pleadings were stricken and removed from the Record and/or sealed, they would withdraw their request for sanctions and fees." [31-1] at 1. The Court treats this stipulation reflected in the Filing Notice as a notice of withdrawal of the Counterclaim and Entry Notice on Defendant's part, and on Plaintiffs' part, a notice of withdrawal of the Motion to the extent it seeks sanctions. As to the request to "remove from the record" or seal the pleadings in question, per Local Rule 5.4(a), "[u]nless otherwise provided by law, Court rule, or Court order, proceedings in the United States District Court are public and Court filings are matters of public record." Therefore, the Court finds that the relief requested here can be granted except as to the request to remove and/or seal, as sealing cannot be done absent a showing of good cause pursuant to the Local Rules. Accordingly, UPON CONSIDERATION of the Motion and the Filing Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion28 is WITHDRAWN as to the request for sanctions and otherwise DENIED AS MOOT, and the Counterclaim24 and Entry Notice26 are WITHDRAWN. If the Parties still wish to seal, they are directed to file a motion to seal on the docket in conformity with Local Rule 5.4(b). Signed by Judge K. Michael Moore on 6/3/2025. (ss01) |
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| Tuesday, February 11, 2025 | ||
| 31 | 31
2
pgs
notice
Notice (Other)
Tue 02/11 12:55 PM
NOTICE of Filing Text of Proposed Order by SERRE FULTON MURPHY re28 Plaintiff's MOTION to Strike26 Notice of Entry of Parties Listed into CM/ECF,24 Counterclaim MOTION for Sanctions (Wickhorst, George) |
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Att: 1
2 pgs
Text of Proposed Order
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| Friday, January 31, 2025 | ||
| 30 | 30
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Fri 01/31 4:32 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Enlargement of Time to File Respon[se] to Plaintiff's Motion28 to Strike Defendant's Counterclaim and Additional Parties and for Sanctions.29 . Therein, Defendant requests a seven-day extension to file a response because due to the "undersigned's schedule which included several depositions, hearing, and court mandated deadlines," the undersigned "has been unable to finalize Defendant/Counter-Plaintiff's response." Id. at 1. Defendant's response is currently due on or before January 31, 2025. Id. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion29 is GRANTED. Defendant shall file a response to Plaintiff's Motion28 on or before February 7, 2025. Signed by Judge K. Michael Moore on 1/31/2025. (cr00) |
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| Thursday, January 30, 2025 | ||
| 29 | 29
2
pgs
motion
Extension of Time to File Response/Reply/Answer
Thu 01/30 2:08 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to28 Plaintiff's MOTION to Strike26 Notice of Entry of Parties Listed into CM/ECF,24 Counterclaim MOTION for Sanctions by SERRE FULTON MURPHY. (Wickhorst, George) |
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| Friday, January 17, 2025 | ||
| 28 | 28
7
pgs
motion
Strike Sanctions
Fri 01/17 1:00 PM
Plaintiff's MOTION to Strike26 Notice of Entry of Parties Listed into CM/ECF,24 Counterclaim ( Responses due by 1/31/2025.), MOTION for Sanctions by PORTER NEUBAUER, COLE SIGNORELLO. (Steinberg, Martin) |
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| Monday, January 13, 2025 | ||
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respm
Response in Opposition to Motion
Mon 01/13 3:03 PM
RESPONSE in Opposition re20 MOTION for Default Judgment filed by SERRE FULTON MURPHY. Replies due by 1/21/2025. (Wickhorst, George) |
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| Thursday, January 09, 2025 | ||
| 26 | 26
notice
Notice of Entry of Parties Listed into CM/ECF
Thu 01/09 10:53 AM
Notice of Entry of Parties Listed on24 Counterclaim into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Eric Coestad and Harry Putt. (Wickhorst, George) |
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| Wednesday, January 08, 2025 | ||
| 25 | 25
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Wed 01/08 11:14 AM
Clerk's Notice to Filer re24 Counterclaim. Parties/Mediator Not Added ; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (pcs) |
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| 24 | 24
10
pgs
cmp
Counterclaim
Wed 01/08 10:36 AM
COUNTERCLAIM against COLE SIGNORELLO, filed by SERRE FULTON MURPHY.(Wickhorst, George) |
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Att: 1
9 pgs
Exhibit A
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| Monday, January 06, 2025 | ||
| 23 | 23
5
pgs
misc
Affidavit
Mon 01/06 6:52 PM
AFFIDAVIT signed by: Porter Neubauer re20 MOTION for Default Judgment by PORTER NEUBAUER, COLE SIGNORELLO(Steinberg, Martin) |
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Att: 1
129 pgs
Exhibit 1 through 7
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5
pgs
misc
Affidavit
Mon 01/06 6:46 PM
AFFIDAVIT signed by: Cole Signorello re20 MOTION for Default Judgment by PORTER NEUBAUER, COLE SIGNORELLO(Steinberg, Martin) |
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Att: 1
127 pgs
Exhibit 1 through 6
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| 21 | 21
misc
Affidavit
Mon 01/06 6:41 PM
AFFIDAVIT signed by: Marty Steinberg re20 MOTION for Default Judgment by PORTER NEUBAUER, COLE SIGNORELLO(Steinberg, Martin) |
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Att: 1
64 pgs
Exhibit A,
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Att: 2
2 pgs
Exhibit B
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| 20 | 20
motion
Default Judgment
Mon 01/06 6:37 PM
MOTION for Default Judgment by PORTER NEUBAUER, COLE SIGNORELLO.(Steinberg, Martin) |
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Att: 1
3 pgs
Text of Proposed Order Proposed Order
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| Tuesday, December 17, 2024 | ||
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order
Order on Motion for Default Judgment
Tue 12/17 2:09 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Default Judgment. (ECF No. 11). Therein, Plaintiffs move for final default judgment as to Defendant Serre Fulton Murphy for "damages for Count 1, Defamation; Count II, Intentional Infliction of Emotional Distress; and Count IV, Fraudulent Inducement[,]" and "[f]or Count III, [Plaintiffs] request a declaratory judgment against Defendant stating that Defendant's actions must 'cease and desist and any content he transmitted... be withdrawn and corrected.'" Id. at 2. Plaintiffs further state that their "claims are not for a sum certain, Fed. R. Civ. P. 55(b), and upon entering Default Judgment, the Plaintiffs will submit affidavits and other evidence as to the damages proximately caused by Defendant's conduct. However, no additional information is required to enter a cease-and-desist order against the Defendant at this time." Id. Federal Rule of Civil Procedure 55(b) allows a plaintiff to "apply for entry of default judgment by the clerk '[i]f the plaintiff's claim is for a sum certain,' or by the court '[i]n all other cases.'" Longyan Dubaite Qipie Co. v. Individuals, Partnerships & Unincorporated Associations Identified on Schedule "A", No. 22-23730 CIV, 2023 WL 2388609, at *2 (S.D. Fla. Jan. 20, 2023). A "defaulted defendant admits well-pleaded allegations of liability," but not "allegations relating to the amount of damages." Sevares v. American Pipeline Construction, LLC, No. 1:22-cv-21233-KMM, 2023 WL 3191256, at *1 (S.D. Fla May 2, 2023) (J. Moore). In this Court's Paperless Notice of Court Practice Upon Entry of Default, (ECF No. 10), the Court instructed Plaintiffs to file a Motion for Default Judgment including "what Counts from the Complaint that Plaintiffs allege against the defaulting Defendant, and affidavits detailing corresponding damages." UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion for Default Final Judgment (ECF No. 11) is DENIED WITHOUT PREJUDICE. Plaintiffs are instructed to file a renewed Motion for Default Judgment within twenty (20) days of the date of this Order that includes both their request for damages, including affidavits and other evidence detailing corresponding damages, and their request for declaratory relief. Signed by Judge K. Michael Moore on 12/17/2024. (cr00) |
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| Monday, December 16, 2024 | ||
| 18 | 18
12
pgs
order
Order on Motion to Set Aside Default
Mon 12/16 6:29 PM
ORDER denying13 Motion to Set Aside Default. Signed by Judge K. Michael Moore on 12/16/2024. See attached document for full details. (cr00) |
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| Wednesday, September 25, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 09/25 4:03 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Enlargement of Time to File a Reply in Support of Motion to Set Aside Default.15 . Given Defendant has filed his Reply, see16 , the Motion15 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 9/25/2024. (gbn) |
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| Tuesday, September 24, 2024 | ||
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respm
Reply to Response to Motion
Tue 09/24 8:31 PM
Defendant's REPLY to Response to Motion re13 Defendant's MOTION to Set Aside Default filed by SERRE FULTON MURPHY. (Wickhorst, George) |
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| 15 | 15
motion
Extension of Time to File Response/Reply/Answer
Tue 09/24 8:14 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to14 Response in Opposition to Motion, to Set Aside Default by SERRE FULTON MURPHY. (Wickhorst, George) |
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| Tuesday, September 17, 2024 | ||
| 14 | 14
respm
Response in Opposition to Motion
Tue 09/17 2:05 PM
RESPONSE in Opposition re13 Defendant's MOTION to Set Aside Default filed by PORTER NEUBAUER, COLE SIGNORELLO. Replies due by 9/24/2024.(Steinberg, Martin) |
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Att: 1
Exhibit 1 - Declaration,
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Att: 2
Exhibit 2 - Affidavit
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| Thursday, September 05, 2024 | ||
| 13 | 13
motion
Set Aside Default
Thu 09/05 5:20 PM
Defendant's MOTION to Set Aside Default by SERRE FULTON MURPHY. Attorney George William Wickhorst, III added to party SERRE FULTON MURPHY(pty:dft).(Wickhorst, George) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Monday, August 05, 2024 | ||
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order
Notice of Court Practice/to Appear/Other
Mon 08/05 1:49 PM
PAPERLESS ORDER ON DEFAULT PROCEDURE. On July 23, 2024, a clerk's default was entered against Defendant. (ECF No. 9). On August 2, 2024, Plaintiffs filed their Motion for Default Judgment in accordance with this Court's Paperless Notice of Court Practice Upon Entry of Default. (ECF No. 10). This case is CLOSED for administrative purposes. The Court shall render an Order on Plaintiffs' Motion for Default Judgment11 in due course. Signed by Judge K. Michael Moore on 8/5/2024. (gbn) |
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| Friday, August 02, 2024 | ||
| 11 | 11
motion
Default Judgment
Fri 08/02 9:53 AM
MOTION for Default Judgment by PORTER NEUBAUER, COLE SIGNORELLO.(Steinberg, Martin) |
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Att: 1
Text of Proposed Order proposed order
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| Wednesday, July 24, 2024 | ||
| 10 | 10
order
Notice of Court Practice/to Appear/Other
Wed 07/24 11:02 AM
PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default as to Defendant Serre Fulton Murphy.9 . Plaintiffs are instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or the Court will be divested of jurisdiction to enforce any judgment against Defendant. Plaintiffs' Motion should include what Counts from the Complaint that Plaintiffs allege against the defaulting Defendant, and affidavits detailing corresponding damages. "Damages may be awarded only if the record adequately reflects the basis for award via... 'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement against Racism & Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiffs must also submit appropriate proposed orders so as to conform its submission to the Southern District of Florida Local Rules. Signed by Judge K. Michael Moore on 7/24/2024. (gbn) |
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| Tuesday, July 23, 2024 | ||
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order
Clerk's Entry/Non-Entry of Default - FORM
Tue 07/23 9:44 AM
Clerk's Entry of Default as to SERRE FULTON MURPHY - Motions Terminated:8 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 7/23/2024. (pcs) |
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| 8 | 8
motion
CLERK'S ENTRY OF DEFAULT
Tue 07/23 8:58 AM
Plaintiff's MOTION for Clerk's Entry of Default as to SERRE FULTON MURPHY by COLE SIGNORELLO, PORTER NEUBAUER. (Steinberg, Martin) |
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| Monday, July 08, 2024 | ||
| 7 | 7
service
Summons (Affidavit) Returned Executed
Mon 07/08 8:39 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by COLE SIGNORELLO, PORTER NEUBAUER. SERRE FULTON MURPHY served on 6/14/2024, response/answer due 7/8/2024. (Steinberg, Martin) |
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| Tuesday, June 11, 2024 | ||
| 6 | 6
order
- Order (PAPERLESS or pdf attached)
Tue 06/11 4:06 PM
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Marty Fulgueira Elfenbein on 6/11/2024. See attached document for full details. (pcs) |
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| 5 | 5
order
Order Referring Case to Magistrate Judge
Tue 06/11 12:14 PM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 6/11/2024. (gbn) |
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| 4 | 4
order
Pretrial Order
Tue 06/11 12:11 PM
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 6/11/2024. (gbn) |
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| Monday, June 10, 2024 | ||
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service
Summons Issued
Mon 06/10 8:37 AM
Summons Issued as to SERRE FULTON MURPHY. (pcs) |
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| Friday, June 07, 2024 | ||
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order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 06/10 8:35 AM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (pcs) |
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| 1 | 1
18
pgs
cmp
Complaint
Fri 06/07 2:55 PM
COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17591130, filed by COLE SIGNORELLO, PORTER NEUBAUER.(Steinberg, Martin) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s),
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Att: 3
Exhibit A - Letter,
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Att: 4
Exhibit B - Letter
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