Harrington v. Veritext, LLC
Florida Southern District Court | |
Judge: | K Michael Moore |
Referred: | Marty Fulgueira Elfenbein |
Case #: | 1:24-cv-22787 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1441 Notice of Removal-Breach of Contract |
Case Filed: | Jul 22, 2024 |
Last checked: Thursday Sep 05, 2024 4:53 AM EDT |
Defendant
Veritext, LLC
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Represented By
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Plaintiff
Jonathan Harrington
1701 S.W. 15th Court
Fort Lauderdale, FL 33311 |
Docket last updated: 09/06/2024 11:59 PM EDT |
Thursday, September 05, 2024 | ||
30 | 30
![]() ORDER Denying15 Motion to Compel Answer. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/5/2024. See attached document for full details. (scn) Modified doc type on 9/5/2024 (scn) |
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Tuesday, September 03, 2024 | ||
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order
Order on Motion to Amend/Correct
Tue 09/03 4:10 PM
PAPERLESS ORDER. THIS CAUSE is before the Court on Plaintiff's Motion to Amend Complaint (the "Motion"), ECF No.27 , in which he states that he "foresees amending the complaint" to add various claims. According to the Local Rules of the Southern District of Florida, "[a] party who moves to amend a pleading shall attach the original of the amendment to the motion in the manner prescribed by Section 3I(1) of the CM/ECF Administrative Procedures." S.D. Fla. L.R. 15.1. Plaintiff has not attached his proposed amended pleading to the Motion in contravention of the Local Rules. In addition, the Local Rules require that, "[p]rior to filing any motion in a civil case, [subject to certain exceptions], counsel for the movant 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." S.D. Fla. L.R. 7.1(a)(3). The Motion, however, lacks a certificate of conference, outlining what efforts Plaintiff made to confer with opposing counsel about the relief sought in the Motion. Accordingly, the Motion, ECF No.27 , is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/3/2024. (MFE) |
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order
Order Striking
Tue 09/03 3:46 PM
PAPERLESS ORDER STRIKING DISCOVERY-RELATED FILINGS. Plaintiff has filed his Rule 26 Initial Disclosures, ECF No.25 . However, Local Rule 26.1(b) prohibits the filing of discovery materials, including initial and expert disclosures, discovery requests, responses, and notices until the materials are to be used in the proceeding or by Court order. Consequently, the filing at ECF No.25 is STRICKEN . Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/3/2024. (MFE) |
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![]() MOTION to Amend1 Notice of Removal (State Court Complaint), by Jonathan Harrington. Responses due by 9/17/2024. (scn) |
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![]() RESPONSE to11 Defendant's Meritless 12(B)(6) MOTION by Jonathan Harrington. (scn) |
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![]() Initial Disclosures Under Rule 26 by Jonathan Harrington. (scn) |
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Friday, August 30, 2024 | ||
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![]() ORDER Setting Discovery Status Conference. (Joint Discovery Status Report due by 12/13/2024., Final Status Conference Re: Discovery Matters set for 12/20/2024 10:00 AM via Zoom before Magistrate Judge Marty Fulgueira Elfenbein.) Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/30/2024. See attached document for full details. (ls) |
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order
Order Referring Case to Mediation
Fri 08/30 8:56 AM
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning May 19, 2025, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party with full authority to enter in a full and complete compromise and settlement is mandatory. If any party is not an individual (e.g., a corporation), a representative of that party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. No party shall be excused from attendance without express authorization from the Court. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 8/30/2024. (sdu) |
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22 | 22
order
Scheduling Order
Fri 08/30 8:55 AM
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of May 19, 2025, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on May 15, 2025, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for May 6, 2025, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 8/30/2024. (sdu) |
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Thursday, August 29, 2024 | ||
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![]() Joint SCHEDULING REPORT - Rule 26(f) by Veritext, LLC (Hawran, Gregory) |
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Wednesday, August 28, 2024 | ||
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![]() ORDER to Respond re11 Defendant's Motion to Dismiss1 Complaint For Failure to State a Claim. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/28/2024. See attached document for full details. (ls) |
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Friday, August 23, 2024 | ||
19 | 19
order
Order on Motion for Extension of Time
Fri 08/23 11:37 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Extension of Time to File Joint Scheduling Report.18 . Therein, Defendant requests a 14-day extension of time to file a Joint Scheduling Report. Id. at 2. Although the Parties have held a scheduling conference already, Defendant has had issues communicating with Plaintiff about any proposed edits on the Joint Scheduling Report. Id. at 1-2. 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 Motion18 is GRANTED IN PART. The Parties shall file a Joint Scheduling Report on or before August 29, 2024. Signed by Judge K. Michael Moore on 8/23/2024. (sdu) |
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Thursday, August 22, 2024 | ||
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![]() Defendant's MOTION for Extension of Time to File Joint Scheduling Report re 5 Pretrial Order,,,,,,,,,,,,,,,,,,, by Veritext, LLC. Responses due by 9/5/2024.(Hawran, Gregory) |
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Monday, August 19, 2024 | ||
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![]() RESPONSE in Opposition re15 MOTION to Compel an Answer MOTION for Default Judgment MOTION to E-File filed by Veritext, LLC. Replies due by 8/26/2024. (Hawran, Gregory) |
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Wednesday, August 07, 2024 | ||
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![]() RESPONSE in Opposition re9 MOTION for the Court to Cede Jurisdiction filed by Veritext, LLC. Replies due by 8/14/2024. (Hawran, Gregory) |
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Friday, August 02, 2024 | ||
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![]() Alternative MOTION to Compel an Answer ( Responses due by 8/16/2024.), MOTION for Default Judgment, MOTION to E-File by Jonathan Harrington. (ls) |
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Tuesday, July 30, 2024 | ||
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![]() Defendant's Corporate Disclosure Statement by Veritext, LLC identifying Corporate Parent Green Veracity Intermediate, Inc., Other Affiliate VT Topco, Inc. for Veritext, LLC (Hawran, Gregory) |
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notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Tue 07/30 9:29 AM
Clerk's Notice to Filer re12 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates Not Entered ; ERROR - The Filer failed to enter all Other Affiliates from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates. Note - Other Affiliates do not appear on the docket sheet. (ls) |
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Monday, July 29, 2024 | ||
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![]() Defendant's Corporate Disclosure Statement by Veritext, LLC identifying Corporate Parent Green Veracity Intermediate, Inc. for Veritext, LLC (Hawran, Gregory) |
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![]() Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Veritext, LLC. Responses due by 8/12/2024. (Hawran, Gregory) |
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Wednesday, July 24, 2024 | ||
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order
Order on Motion for Miscellaneous Relief
Wed 07/24 4:24 PM
PAPERLESS ORDER denying Plaintiff's Motion for Court to Allow Electronic Filing (the "Motion"), ECF No.8 . In the Motion, Plaintiff, who is proceeding pro se and is not a member of the Bar or an attorney admitted to practice in the Southern District of Florida, asks for permission to have access to the Court's electronic filing system. See ECF No.8 . According to this District's CM-ECF Administrative Procedures, Section 2C, "[p]ro se litigants will not be permitted to register as Users at this time and must file their documents in the conventional manner." As a result, the Motion, ECF No.8 , is DENIED . With that said, Plaintiff can consent to receive notices electronically as explained in Section 2C of the CM-ECF Administrative Procedures. Specifically, "[p]ro se litigants (non-prisoner) interested in receiving notices electronically must file the form 'Consent by Pro Se Litigants (Non-Prisoner) to Receive Notice of Electronic Filing' which can be found on the Court's website (http://www.flsd.uscourts.gov/forms/consent-pro-se-litigant-non-prisoner-receivenefs)." Id. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/24/2024. (MFE) |
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![]() MOTION for the Court to Cede Jurisdiction by Jonathan Harrington. (ls) |
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![]() MOTION for the Court to Allow Electronic Filing by Jonathan Harrington. (ls) |
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Tuesday, July 23, 2024 | ||
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![]() ORDER Setting Discovery Procedures. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/23/2024. See attached document for full details. (ls) |
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order
Order Referring Case to Magistrate Judge
Tue 07/23 9:11 AM
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 7/23/2024. (sdu) |
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order
Pretrial Order
Tue 07/23 9:09 AM
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. 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 7/23/2024. (sdu) |
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Monday, July 22, 2024 | ||
4 | 4
notice
Clerk's Notice of Docket Correction - Chambers and Clerks
Mon 07/22 3:04 PM
Clerk's Notice of Docket Correction re 3 Clerks Notice of Judge Reassignment.. Incorrect Magistrate Judge Selected ; Corrected by the Clerk. Incorrect District Judge Selected ; Corrected by the Clerk. Correct criteria was not selected upon Judge assignment. Please disregard DE#2. (scn) |
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3 | 3
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 07/22 3:02 PM
Clerks Notice of Judge Reassignment to Judge K. Michael Moore. Judge Jacqueline Becerra no longer assigned to case. 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. (scn) |
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order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 07/22 2:59 PM
(DOCKETED IN ERROR) Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (scn) Modified text on 7/22/2024 (scn) |
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1 | 1
![]() NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17695535, filed by Veritext, LLC. (No Motion to Dismiss filed, No Answer filed)(Hawran, Gregory) Modified text on 7/22/2024 (scn) |
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