Cesar v. FJ Management, Inc.
| Utah District Court | |
| Case #: | 2:25-cv-00243 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Mar 27, 2025 |
| Re-opened: | Jan 15, 2025 |
| Case in other court: | Florida Southern, 1:24-cv-23384 |
| Last checked: Thursday Mar 27, 2025 2:07 PM MDT |
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Defendant
FJ Management
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Mediator
Christopher Benjamin
Salmon & Dulberg Dispute Resolution 1500 101 NE Third Avenue
Fort Lauderdale, FL 33301 |
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Plaintiff
Rodney Cesar
The Williams Law Group 9600 S. Dixie Hwy Suite 1311
Miami, FL 33156 |
| Docket last updated: 03/30/2025 11:59 PM MDT |
| Thursday, March 27, 2025 | ||
| 35 | 35
notice
Notice PHV Requirements
Thu 03/27 2:05 PM
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Ronnie J. Bitman, Christopher Carroll O'Brien for FJ Management. (sg) |
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notice
Notice PHV Requirements
Thu 03/27 2:04 PM
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Andrew Stephen Priestl Williams for Rodney Cesar. (sg) |
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| 33 | 33
transfer
Case Transferred In - District Transfer
Thu 03/27 1:52 PM
Case transferred in from USDC of Florida Southern; Case Number 1:24-cv-23384. Original file, certified copy of transfer order and docket sheet received. USDC District of Utah case number is 2:25-cv-00243-CMR, assigned to Magistrate Judge Cecilia M. Romero. |
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| Wednesday, March 26, 2025 | ||
| 32 | 32 Civil Case Terminated per (ECF No. 31). Closing Case. (cr00) [Transferred from Florida Southern on 3/27/2025.] | |
| 31 | 31
ORDER granting in part and denying in part11 Motion to Dismiss for Lack of Jurisdiction; denying as moot30 Motion to Stay. Pursuant to 28 U.S.C. § 1406(a),the Clerk of the Court is hereby directed to TRANSFER this case to the United States DistrictCourt for the District of Utah. Signed by Judge K. Michael Moore on 3/26/2025. See attached document for full details. (cr00) [Transferred from Florida Southern on 3/27/2025.]
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| Wednesday, February 12, 2025 | ||
| 30 | 30
Agreed MOTION to Stay Discovery Pending Outcome of Dispositive Motion by FJ Management, Inc.. Responses due by 2/26/2025. (Bitman, Ronnie) [Transferred from Florida Southern on 3/27/2025.]
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Notice of Entry of Parties Listed on 28 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney 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): Christopher Benjamin.. Attorney Andrew Stephen Priestl Williams added to party Christopher Benjamin(pty:med). (Williams, Andrew) [Transferred from Florida Southern on 3/27/2025.]
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| Thursday, January 30, 2025 | ||
| 28 | 28 Clerk's Notice to Filer re27 Notice (Other). Mediator Not Added ; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (scn) [Transferred from Florida Southern on 3/27/2025.] | |
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NOTICE of Mediator Selection by Rodney Cesar re 24 Order Referring Case to Mediation,,,,,,,,,,,,,,,,,, (Williams, Andrew) [Transferred from Florida Southern on 3/27/2025.]
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| Tuesday, January 21, 2025 | ||
| 26 | 26
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/17/2025. See attached document for full details. (caw) [Transferred from Florida Southern on 3/27/2025.]
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| 25 | 25
ORDER SETTING DISCOVERY STATUS CONFERENCE: STATUS CONFERENCE Re: Discovery Matters set for 5/30/2025 at 10:30 AM, via Zoom before Magistrate Judge Marty Fulgueira Elfenbein. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/17/2025. See attached document for full details. (caw) [Transferred from Florida Southern on 3/27/2025.]
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| Wednesday, January 15, 2025 | ||
| 24 | 24 PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning October 20, 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 1/15/2025. (cr00) [Transferred from Florida Southern on 3/27/2025.] | |
| 23 | 23 PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of October 20, 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 October 16, 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 October 7, 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 1/15/2025. (cr00) [LINK:Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.] [Transferred from Florida Southern on 3/27/2025.] | |
| 22 | 22 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties filing a Motion to Reopen.20 . On November 26, 2024, this Court entered an Order dismissing the instant matter because the Parties failed to file a joint scheduling report. 19 . Now, Plaintiff has filed the instant Motion20 and the Parties joint scheduling report on January 13, 202521 . UPON CONSIDERATION of the Proposed Joint Scheduling Report, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion is GRANTED. The Clerk of Court is INSTRUCTED to REOPEN this case. All previously issued orders in this action remain in effect except those inconsistent with this Order. It is further ORDERED that this Court's 19 Paperless Order dismissing this action without prejudice is hereby VACATED. Signed by Judge K. Michael Moore on 1/15/2025. (cr00) [Transferred from Florida Southern on 3/27/2025.] | |
| Monday, January 13, 2025 | ||
| 21 | 21
Joint SCHEDULING REPORT - Rule 16.1 by Rodney Cesar (Williams, Andrew) [Transferred from Florida Southern on 3/27/2025.]
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| 20 | 20
MOTION to Reopen Case by Rodney Cesar.(Williams, Andrew) [Transferred from Florida Southern on 3/27/2025.]
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Affidavit Declaration of Andrew Williams, Esq.
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| Tuesday, November 26, 2024 | ||
| 19 | 19 VACATED PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On September 12, 2024, the Court entered a Pretrial Order, (ECF No. 4 ), requiring the Parties to file a joint scheduling report within ten (10) days of their joint scheduling conference, which was to be held "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." See id. The Order cautioned, "[f]ailure 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." Id. That deadline has now passed, and no extension of time has been requested. Accordingly, based on the foregoing, it is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. The Parties may move to reopen this matter upon the filing of a joint scheduling report. Signed by Judge K. Michael Moore on 11/26/2024. (cr00) Modified on 1/16/2025 per DE 22 Order (kpe). [Transferred from Florida Southern on 3/27/2025.] | |
| Wednesday, November 20, 2024 | ||
| 18 | 18
REPLY to17 Response to Motion to Dismiss for Lack of Personal Jurisdiction, for Improper Venue, and for Failure to Meet Amount in Controversy by FJ Management, Inc..(Bitman, Ronnie) [Transferred from Florida Southern on 3/27/2025.]
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Att: 1
Exhibit A
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| Thursday, November 14, 2024 | ||
| 17 | 17
RESPONSE to Motion re11 MOTION to Dismiss for Lack of Jurisdiction1 Complaint filed by Rodney Cesar. Replies due by 11/21/2024.(Williams, Andrew) [Transferred from Florida Southern on 3/27/2025.]
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Att: 1
Exhibit Exhibit A
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| Wednesday, November 13, 2024 | ||
| 16 | 16 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Second Motion for Extension of Time to Respond to Defendant's Motion to Dismiss.15 . Therein, Plaintiff requests a two-day extension of time. Id. On October 24, 2024, the Court granted Plaintiff's First Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss, ordering a response on or before November 12, 2024. 14 . Now, Plaintiff requests additional time to respond because "two (2) unexpected family matters arose while the undersigned was in the process of finalizing the response to the Motion to Dismiss."15 at 2. Plaintiff was "unable to communicate with counsel for the Defendant in advance of filing this Motion... [but] anticipates speaking with [counsel for the Defendant] within the next 48-hours[.]" 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 Motion15 is GRANTED. Plaintiff shall respond to the Motion to Dismiss on or before November 14, 2024. Signed by Judge K. Michael Moore on 11/13/2024. (cr00) [Transferred from Florida Southern on 3/27/2025.] | |
| Tuesday, November 12, 2024 | ||
| 15 | 15
Second MOTION for Extension of Time to Respond to Motion to Dismiss filed by Defendant re11 MOTION to Dismiss for Lack of Jurisdiction1 Complaint by Rodney Cesar. Responses due by 11/26/2024. (Williams, Andrew) [Transferred from Florida Southern on 3/27/2025.]
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| Thursday, October 24, 2024 | ||
| 14 | 14 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss.13 . Therein, Plaintiff requests a fourteen-day extension of time from October 29, 2024, to file a response to the Motion "due to scheduling issues and personal commitments." Id. at 2. Defendant does not oppose the requested relief. 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 Motion13 is GRANTED. Plaintiff shall respond to the Motion to Dismiss on or before November 12, 2024. Signed by Judge K. Michael Moore on 10/24/2024. (cr00) [Transferred from Florida Southern on 3/27/2025.] | |
| Wednesday, October 23, 2024 | ||
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Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to11 MOTION to Dismiss for Lack of Jurisdiction1 Complaint by Rodney Cesar.(Williams, Andrew) [Transferred from Florida Southern on 3/27/2025.]
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Att: 1
Text of Proposed Order
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| Monday, October 21, 2024 | ||
| 12 | 12
Certificate of Other Affiliates/Corporate Disclosure Statement by FJ Management, Inc. (Bitman, Ronnie) [Transferred from Florida Southern on 3/27/2025.]
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| Tuesday, October 15, 2024 | ||
| 11 | 11
MOTION to Dismiss for Lack of Jurisdiction1 Complaint by FJ Management, Inc.. Responses due by 10/29/2024.(Bitman, Ronnie) Modified event on 3/26/2025 per Chambers (jc). [Transferred from Florida Southern on 3/27/2025.]
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Att: 1
Exhibit A
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| Tuesday, September 24, 2024 | ||
| 10 | 10 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Agreed Motion for Extension of Time.8 . Therein, Defendant requests a twenty (20) day extension of time to file a response to the Complaint because counsel for Defendant "was ill with the flu" and requires an extension due to "his illness and obligations in other matters that were delayed because of his absence." Id. Plaintiff does not oppose the requested relief. Id. at 2. 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 Motion8 is GRANTED. Defendant shall respond to the Complaint on or before October 15, 2024. Signed by Judge K. Michael Moore on 9/24/2024. (gbn) [Transferred from Florida Southern on 3/27/2025.] | |
| Monday, September 23, 2024 | ||
| 9 | 9 Clerk's Notice to Filer re7 Notice of Attorney Appearance. Attorney Christopher O'Brien Did Not Associate Themselves ; ERROR - Filing attorney neglected to associate themselves to the proper filer(s)/case. The Clerk has added the attorney to the proper filer(s)/case. It is not necessary to refile this document. Future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the proper filer(s)/case. (caw) [Transferred from Florida Southern on 3/27/2025.] | |
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Agreed MOTION for Extension of Time to Respond to Plaintiff's Complaint re1 Complaint by FJ Management, Inc.. Responses due by 10/7/2024.(Bitman, Ronnie) [Transferred from Florida Southern on 3/27/2025.]
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Att: 1
Text of Proposed Order Proposed Order Granting Defendant, FJ Management, Inc's, Agreed Motion for Extension of Time
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| 7 | 7
NOTICE of Attorney Appearance by Ronnie J. Bitman and Christopher O'Brien on behalf of FJ Management, Inc. (Bitman, Ronnie) Modified text on 9/24/2024 (caw). [Transferred from Florida Southern on 3/27/2025.]
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| Friday, September 20, 2024 | ||
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NOTICE of Attorney Appearance by Ronnie J. Bitman and Christopher O'Brien on behalf of FJ Management, Inc.. Attorney Ronnie J. Bitman added to party FJ Management, Inc.(pty:dft). (Bitman, Ronnie) Modified text on 9/24/2024 (caw). [Transferred from Florida Southern on 3/27/2025.]
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| Thursday, September 12, 2024 | ||
| 5 | 5 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 9/12/2024. (gbn) [Transferred from Florida Southern on 3/27/2025.] | |
| 4 | 4 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 9/12/2024. (gbn) [Transferred from Florida Southern on 3/27/2025.] | |
| Wednesday, September 04, 2024 | ||
| 3 | 3
Summons Issued as to FJ Management, Inc.. (ar24) [Transferred from Florida Southern on 3/27/2025.]
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| Tuesday, September 03, 2024 | ||
| 2 | 2 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. (ar24) [Transferred from Florida Southern on 3/27/2025.] | |
| 1 | 1
COMPLAINT against FJ Management, Inc.. Filing fees $ 405.00 receipt number AFLSDC-17806169, filed by Rodney Cesar.(Williams, Andrew) [Transferred from Florida Southern on 3/27/2025.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s)
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