HOLZAPPLE et al v. TRULAND HOMES LLC
| Florida Northern District Court | |
| Judge: | M Casey Rodgers |
| Referred: | Zachary C Bolitho |
| Case #: | 3:21-cv-00755 |
| Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | May 11, 2021 |
| Terminated: | Sep 30, 2022 |
| Last checked: Sunday Nov 07, 2021 4:37 AM EST |
|
Defendant
TRULAND HOMES LLC
|
Represented By
|
|
Plaintiff
LOUIS HOLZAPPLE
|
Represented By
|
|
Plaintiff
SHARON HOLZAPPLE
|
Represented By
|
| Docket last updated: 4 hours ago |
| Tuesday, October 04, 2022 | ||
| 34 | 34
notice
Notice of Voluntary Dismissal
Tue 10/04 9:28 AM
NOTICE of Voluntary Dismissal by LOUIS HOLZAPPLE, SHARON HOLZAPPLE (UPDIKE, BRIAN) |
|
| 33 | 33
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Tue 10/04 8:46 AM
NOTICE OF RELEASE OF LIS PENDENS by LOUIS HOLZAPPLE, SHARON HOLZAPPLE (UPDIKE, BRIAN) |
|
| Friday, September 30, 2022 | ||
| 32 | 32
1
pgs
order
Order Dismissing Case
Fri 09/30 2:50 PM
ORDER OF DISMISSAL. The Court has been informed that the parties have reached a settlement of this matter. See ECF No. 31 . Therefore, the Court hereby DISMISSES the above- entitled action from the active docket of the Court. In the event the settlement is not consummated, the Court reserves the power to reopen the case for further proceedings on motion filed by any party within sixty (60) days of the date of this Order and a showing of good cause. At this time, the Clerk is directed to close the file in this case for administrative purposes. At the expiration of sixty (60) days without activity, the Clerk is directed to close the case in its entirety for all purposes. Signed by JUDGE M CASEY RODGERS on 09/30/22. (jfj) |
|
| Tuesday, September 27, 2022 | ||
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 09/27 12:34 PM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:31 Notice of Settlement (mb) |
||
| Monday, September 26, 2022 | ||
| 31 | 31
notice
Notice of Settlement
Mon 09/26 4:22 PM
NOTICE of Settlement by TRULAND HOMES LLC (WIGGINS, CHARLES) |
|
| Tuesday, September 20, 2022 | ||
| 30 | 30
4
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 09/20 7:39 AM
ORDER. Defendant's Motion for Summary Judgment, ECF No. 14 , and Plaintiffs' Motion for Summary Judgment, ECF No. 20 , are DENIED WITHOUT PREJUDICE. If the parties agree that the summary judgment is inappropriate given the above- identified factual question bearing on contractual intent and interpretation, they must file a joint statement to that effect by September 26, 2022, after which, the matter will be set for trial. Otherwise, the parties must file renewed motions for summary judgment addressing the issues identified above by October 20, 2022. Responses are due by Nov. 3, 2022. No replies will be permitted. (Joint Statement due by 9/26/2022 . Renewed Motions due by 10/20/2022 . Responses to motion due by 11/3/2022 .) Signed by JUDGE M CASEY RODGERS on 9/20/2022. (mb) |
|
| Monday, May 23, 2022 | ||
| 29 | 29
1
pgs
order
Order Reassigning Case
Tue 05/24 8:56 AM
ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE ZACHARY C BOLITHO for all further proceedings. MAGISTRATE JUDGE ELIZABETH M TIMOTHY no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 5/23/2022. (erl) |
|
| Wednesday, May 11, 2022 | ||
| 28 | 28
notice
Notice of Appearance
Wed 05/11 12:29 PM
NOTICE of Appearance by BRIAN DAVID UPDIKE on behalf of LOUIS HOLZAPPLE, SHARON HOLZAPPLE (UPDIKE, BRIAN) |
|
| Monday, January 24, 2022 | ||
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Mon 01/24 8:56 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:26 REPLY by LOUIS HOLZAPPLE, SHARON HOLZAPPLE re23 Memorandum in Opposition to20 Motion for Summary Judgment. (mb) |
||
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Mon 01/24 8:57 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:27 REPLY by TRULAND HOMES LLC re17 Response in Opposition to14 Motion for Summary Judgment by TRULAND HOMES LLC. (mb) |
||
| Friday, January 21, 2022 | ||
| 27 | 27
respoth
Response/Reply
Fri 01/21 5:04 PM
REPLY by TRULAND HOMES LLC re17 Response in Opposition to Motion by TRULAND HOMES LLC. (WIGGINS, CHARLES) |
|
| 26 | 26
respoth
Response/Reply
Fri 01/21 3:57 PM
REPLY by LOUIS HOLZAPPLE, SHARON HOLZAPPLE re23 Memorandum in Opposition to Motion for Summary Judgment . (ROGERS, ZACHARY) |
|
| Thursday, January 13, 2022 | ||
| 25 | 25
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Fri 01/14 7:53 AM
ORDER granting 24 Joint MOTION For Enlargement of Time to File Replies To Oppositions to MOTIONS For Summary Judgment. The deadline for the parties to file their respective reply memoranda to the Oppositions to Motions for Summary Judgment (ECF Nos. 17 and 23 ) is extended to January 21, 2022. Signed by JUDGE M CASEY RODGERS on 1/13/2022. (mb) |
|
| Wednesday, January 12, 2022 | ||
| 24 | 24
motion
Extend Time
Wed 01/12 2:42 PM
Joint MOTION to Extend Time to file Replies to Oppositions to Motions for Summary Judgment by LOUIS HOLZAPPLE, SHARON HOLZAPPLE. (ROGERS, ZACHARY) |
|
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Wed 01/12 3:49 PM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:24 Joint MOTION to Extend Time to file Replies to Oppositions to Motions for Summary Judgment (mb) |
||
| Tuesday, January 04, 2022 | ||
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 01/04 8:50 PM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:23 MEMORANDUM in Opposition re20 MOTION for Summary Judgment. (jfj) |
||
| Monday, December 27, 2021 | ||
| 23 | 23
27
pgs
respm
Memorandum in Opposition to Motion
Mon 12/27 3:29 PM
MEMORANDUM in Opposition re20 MOTION for Summary Judgment filed by TRULAND HOMES LLC. (WIGGINS, CHARLES) |
|
|
utility
Set Deadlines/Hearings
Tue 12/28 1:57 PM
Set Deadlines re:23 TRULAND HOMES' RESPONSE TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT. Reply due by 1/3/2022 . (jfj) |
||
| Tuesday, December 14, 2021 | ||
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 12/14 9:07 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:22 RESPONSE in Opposition re19 MOTION for Extension of Time to File Response/Reply as to17 Response in Opposition to Motion,14 MOTION for Summary Judgment (mb) |
||
| Monday, December 13, 2021 | ||
| 22 | 22
respm
Response in Opposition to Motion
Mon 12/13 10:19 AM
RESPONSE in Opposition re19 MOTION for Extension of Time to File Response/Reply as to17 Response in Opposition to Motion,14 MOTION for Summary Judgment filed by LOUIS HOLZAPPLE, SHARON HOLZAPPLE. (ZAMORA, DARIAN) |
|
| 21 | 21
notice
Notice of Appearance
Mon 12/13 10:11 AM
NOTICE of Appearance by DARIAN LOUISE ZAMORA on behalf of LOUIS HOLZAPPLE, SHARON HOLZAPPLE (ZAMORA, DARIAN) |
|
| Friday, December 03, 2021 | ||
| 20 | 20
motion
Summary Judgment
Fri 12/03 2:51 PM
MOTION for Summary Judgment by LOUIS HOLZAPPLE, SHARON HOLZAPPLE. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 12/27/2021) . (ZAMORA, DARIAN) |
|
|
Att: 1
Notice of Filing of Summary Judgment Evidence,
|
||
|
Att: 2
L. Holzapple Deposition,
|
||
|
Att: 3
Exhibit L. Holzapple Exhibits,
|
||
|
Att: 4
D. Griner Deposition,
|
||
|
Att: 5
Exhibit D. Griner Exhibits,
|
||
|
Att: 6
S. Brown Deposition,
|
||
|
Att: 7
Exhibit S. Brown Exhibits,
|
||
|
Att: 8
Defendant RFA
|
||
| Monday, November 29, 2021 | ||
| 19 | 19
motion
Extension of Time to File Response/Reply
Mon 11/29 2:28 PM
MOTION for Extension of Time to File Response/Reply as to17 Response in Opposition to Motion,14 MOTION for Summary Judgment by TRULAND HOMES LLC. (WIGGINS, CHARLES) |
|
|
utility
Set Deadlines/Hearings
Tue 11/30 12:39 PM
Set Deadlines re19 MOTION (Internal deadline for referral to judge if response not filed earlier: 12/13/2021) . (mb) |
||
| Thursday, November 18, 2021 | ||
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Thu 11/18 9:19 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:17 Response in Opposition to14 MOTION for Summary Judgment15 NOTICE of Filing of Summary Judgment Evidence,18 Notice of Filing Evidence in Support of Opposition to Motion for Summary Judgment. (mb) |
||
| Wednesday, November 17, 2021 | ||
| 18 | 18
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Wed 11/17 5:30 PM
NOTICE of Filing Evidence in Support of Opposition to Motion for Summary Judgment by LOUIS HOLZAPPLE, SHARON HOLZAPPLE re17 Response in Opposition to Motion (GORDON, ALFRED) |
|
|
Att: 1
Exhibit Griner Transcript,
|
||
|
Att: 2
Exhibit Griner Exhibits,
|
||
|
Att: 3
Exhibit Brown Transcript,
|
||
|
Att: 4
Exhibit Brown Exhibits,
|
||
|
Att: 5
Exhibit Truland Response to RFA
|
||
| 17 | 17
respm
Response in Opposition to Motion
Wed 11/17 5:06 PM
RESPONSE in Opposition re14 MOTION for Summary Judgment filed by LOUIS HOLZAPPLE, SHARON HOLZAPPLE. (GORDON, ALFRED) |
|
| 16 | 16
misc
Mediation Report - Impasse
Wed 11/17 10:19 AM
MEDIATION REPORT - Impasse. (MCCLOY, DIXON) |
|
| Wednesday, October 27, 2021 | ||
| 15 | 15
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Wed 10/27 5:47 PM
NOTICE of Filing of Summary Judgment Evidence by TRULAND HOMES LLC re14 MOTION for Summary Judgment (WIGGINS, CHARLES) |
|
|
Att: 1
Exhibit L. Holzapple Depo.,
|
||
|
Att: 2
Exhibit S. Holzapple Depo.,
|
||
|
Att: 3
Exhibit 5,
|
||
|
Att: 4
Exhibit 6,
|
||
|
Att: 5
Exhibit 12,
|
||
|
Att: 6
Exhibit 13,
|
||
|
Att: 7
Exhibit 15,
|
||
|
Att: 8
Exhibit 16,
|
||
|
Att: 9
Exhibit 17,
|
||
|
Att: 10
Exhibit 20,
|
||
|
Att: 11
Exhibit 21,
|
||
|
Att: 12
Exhibit 33
|
||
| 14 | 14
motion
Summary Judgment
Wed 10/27 5:10 PM
MOTION for Summary Judgment by TRULAND HOMES LLC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 11/17/2021) . (WIGGINS, CHARLES) |
|
| Tuesday, July 06, 2021 | ||
| 13 | 13
misc
Discovery Advisory
Tue 07/06 9:16 AM
DISCOVERY ADVISORY: Re12 Rule 26 Disclosures filed by SHARON HOLZAPPLE, LOUIS HOLZAPPLE. Counsels attention is directed to Federal Rule of Civil Procedure 5(d), which prohibits the filing of discovery materials (including notices of deposition, deposition transcripts, interrogatories and interrogatory responses and notices thereof, production requests and responses and notices thereof, and admissions requests and responses and notices thereof) and disclosures under Rules 26(a)(1) and 26(a)(2), unless and until needed for consideration of pending motions by the court. This advisory serves as notice that no further discovery materials should be filed and all discovery posting options have been removed from CMECF. (blr) |
|
| Friday, July 02, 2021 | ||
| 12 | 12
misc
Rule 26 Disclosures
Fri 07/02 9:42 AM
RULE 26 Disclosures by LOUIS HOLZAPPLE, SHARON HOLZAPPLE. (ZAMORA, DARIAN) |
|
| Wednesday, June 23, 2021 | ||
| 11 | 11
order
Scheduling Order Order Referring Case to Mediation
Thu 06/24 3:50 PM
FINAL SCHEDULING ORDER AND MEDIATION REFERRAL. Re: 10 Report of Rule 26(f) Planning Meeting. ( Discovery due by 11/12/2021 . Dispositive Motions to be filed by 12/3/2021 . Mediation to take place by 12/10/2021 . Mediation Report due by 12/24/2021 .) ORDER REFERRING CASE to Mediation. Signed by JUDGE M CASEY RODGERS on 6/23/2021. (alb) |
|
| Thursday, June 17, 2021 | ||
| 10 | 10
misc
Report of Rule 26f Planning Meeting
Thu 06/17 4:53 PM
REPORT of Rule 26(f) Planning Meeting. (WIGGINS, CHARLES) |
|
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Thu 06/17 8:43 PM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:10 Report of Rule 26(f) Planning Meeting (mb) |
||
| Tuesday, June 08, 2021 | ||
| 9 | 9
notice
Notice of Appearance
Tue 06/08 10:06 AM
NOTICE of Appearance by DARIAN LOUISE ZAMORA on behalf of All Plaintiffs (ZAMORA, DARIAN) |
|
| Thursday, June 03, 2021 | ||
| 8 | 8
answer
Answer to Complaint
Thu 06/03 9:42 AM
ANSWER to Complaint by TRULAND HOMES LLC. (WIGGINS, CHARLES) |
|
| Friday, May 21, 2021 | ||
| 7 | 7
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Fri 05/21 9:06 AM
NOTICE of Filing of State Court Materials by TRULAND HOMES LLC re1 Notice of Removal, (WIGGINS, CHARLES) |
|
|
Att: 1
Appendix State Court Materials
|
||
| Wednesday, May 12, 2021 | ||
| 6 | 6
misc
Corporate Disclosure Statement/Certificate of Interested Persons
Wed 05/12 5:49 PM
Corporate Disclosure Statement/Certificate of Interested Persons by TRULAND HOMES LLC identifying Corporate Parent 68 VENTURES LLC, Corporate Parent FORTUNA INVESTMENTS LLC, Corporate Parent THE COS FAMILY TRUST for TRULAND HOMES LLC.. (WIGGINS, CHARLES) |
|
| 5 | 5
order
Scheduling Order
Wed 05/12 1:21 PM
INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/26/2021 . Rule 26 Meeting Report due by 6/25 /2021 . Discovery due by 11/12/2021 . Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 5/12/2021. (alb) |
|
| 4 | 4
notice
Notice of Appearance
Wed 05/12 9:19 AM
NOTICE of Appearance by JOHN HARDY ADAMS on behalf of TRULAND HOMES LLC (ADAMS, JOHN) |
|
| 3 | 3
misc
Civil Cover Sheet
Wed 05/12 8:52 AM
CIVIL COVER SHEET. (WIGGINS, CHARLES) |
|
| 2 | 2
misc
Docket Annotation
Wed 05/12 8:39 AM
DOCKET ANNOTATION BY COURT: Pursuant to N.D. Fla. Loc. R. 5.2, a complete and executed Civil Cover Sheet is required in each civil case filed. Please file the civil cover sheet using the event selection "Civil Cover Sheet" which is found under "Other Filings," "Other Documents." (blr) |
|
|
utility
Action Required by District Judge - No NEFs in SEALED Cases
Wed 05/12 8:51 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:1 Notice of Removal. (Please see Proposed ISO.) (blr) |
||
| Tuesday, May 11, 2021 | ||
| 1 | 1
cmp
Notice of Removal
Tue 05/11 4:58 PM
NOTICE OF REMOVAL by TRULAND HOMES LLC from WALTON COUNTY CIRCUIT COURT, case number 2021 CA 176. ( Filing fee $ 402 receipt number AFLNDC-6088432.), filed by TRULAND HOMES LLC. (WIGGINS, CHARLES) |
|
|
Att: 1
Exhibit Complaint,
|
||
|
Att: 2
Exhibit LLC Detail,
|
||
|
Att: 3
Exhibit LLC Detail,
|
||
|
Att: 4
Exhibit LLC Detail,
|
||
|
Att: 5
Supplement Notice of Filing
|
||