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 37 |
Filed: 6/27/2017, Entered: 6/27/2017 |
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THIS CAUSE is before the Court on the Parties' 36 Joint Stipulation for Dismissal with Prejudice, filed June 26, 2017, wherein they stipulated pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) to the dismissal of this action with prejudice, with each side to bear its own attorneys' fees and costs. The Eleventh Circuit has stated that "the plain language of Rule 41(a)(1)(A)(ii) requires that a stipulation filed pursuant to that subsection is self-executing and dismisses the case upon its becoming effective. The stipulation becomes effective upon filing unless it explicitly conditions its effectiveness on a subsequent occurrence. District courts need not and may not take action after the stipulation becomes effective because the stipulation dismisses the case and divests the district court of jurisdiction." Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Because the Parties' Joint Stipulation did not "explicitly condition[] its effectiveness on a subsequent occurrence," id., this Court no longer has jurisdiction over this case and, accordingly, the case remains CLOSED. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 6/27/2017. (ae00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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 36 |
Filed: 6/26/2017, Entered: 6/26/2017 |
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STIPULATION of Dismissal with Prejudice by Skilkengold Development, LLC (Salner, Craig)
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 Request |
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| 35 |
Filed: 5/15/2017, Entered: 5/15/2017 |
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ORDER Scheduling Mediation before Pamela I. Perry. Mediation Deadline 11/27/2017. Mediation Hearing set for 11/7/2017 09:00 AM. Signed by Judge Joan A. Lenard on 05/15/17. (dp)
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Request |
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| 34 |
Filed: 5/9/2017, Entered: 5/9/2017 |
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NOTICE by Skilkengold Development, LLC re 32 Order Referring Case to Mediation, (Attachments: # 1 Text of Proposed Order) (Salner, Craig)
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Request |
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| 33 |
Filed: 4/26/2017, Entered: 4/26/2017 |
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Amended Order Adopting Joint Scheduling Report, Setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Pretrial Conference set for 6/18/2018 03:15 PM in Miami Division before Judge Joan A. Lenard. Signed by Judge Joan A. Lenard on 4/26/2017. (dp) 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.
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Request |
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Filed: 4/25/2017, Entered: 4/25/2017 |
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Set/Reset Deadlines/Hearings: Pretrial Conference set for 7/3/2018 04:00 PM in Miami Division before Judge Joan A. Lenard. (lh)see DE# 31 for image
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| 32 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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ORDER of Referral to Mediation and Directing Plaintiff's Counsel to Submit (Within Fourteen Days) Proposed Order Scheduling Mediation. Mediation Deadline 11/27/2017. Signed by Judge Joan A. Lenard on 04/25/17. (Attachments: # 1 Appendix) (dp)
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Request |
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| 31 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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Order Adopting Joint Scheduling Report, Setting Pretrial Conference and Trial, Establishing Pretrial Deadlines, and Establishing Pretrial and Trial Procedures: Pretrial Conference set for 6/18/2018 03:15 PM in Miami Division before Judge Joan A. Lenard. Jury Trial set for 7/9/2018 09:00 AM in Miami Division before Judge Joan A. Lenard. Calendar Call set for 7/3/2018 04:00 PM in Miami Division before Judge Joan A. Lenard. Amended Pleadings due by 10/13/2017. Expert Discovery due by 2/5/2018. Fact Discovery due by 11/13/2017. Joinder of Parties due by 10/13/2017. Mediation Deadline 11/27/2017. In Limine Motions due by 5/7/2018. Dispositive Motions due by 2/26/2018. Pretrial Stipulation due by 5/21/2018. Signed by Judge Joan A. Lenard on 04/25/17. (dp) 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.
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Request |
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| 30 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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Order of Reference of Certain Matters to Magistrate Judge. Signed by Judge Joan A. Lenard on 04/05/17. (dp)
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Request |
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| 29 |
Filed: 4/3/2017, Entered: 4/3/2017 |
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Joint Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge . Filed by Skilkengold Development, LLC (Salner, Craig)
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Request |
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| 28 |
Filed: 4/3/2017, Entered: 4/3/2017 |
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Joint SCHEDULING REPORT - Rule 16.1 by Skilkengold Development, LLC (Attachments: # 1 Exhibit A)(Salner, Craig)
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Request |
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| 27 |
Filed: 3/29/2017, Entered: 3/29/2017 |
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: A Telephonic Status Conference hearing was held on 3/29/2017. (Digital 15:00:13) (mso)
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| 26 |
Filed: 3/27/2017, Entered: 3/27/2017 |
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REPLY to Response to Motion re 8 Defendant's MOTION to Dismiss with Prejudice 1 Complaint, MOTION for More Definite Statement filed by Centres HC, LLC, Centres Management Inc.. (Fotiu-Wojtowicz, Alaina)
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Request |
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| 25 |
Filed: 3/24/2017, Entered: 3/24/2017 |
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Certificate of Interested Parties by Centres HC, LLC, Centres Management Inc. (Olin, Michael)
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Request |
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| 24 |
Filed: 3/23/2017, Entered: 3/23/2017 |
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*ORDER, ( Telephone Conference set for 3/29/2017 03:00 PM in Miami Division before Magistrate Judge Jonathan Goodman.) Signed by Magistrate Judge Jonathan Goodman on 3/23/2017. (mso)
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Request |
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| 23 |
Filed: 3/22/2017, Entered: 3/22/2017 |
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Certificate of Interested Parties by Skilkengold Development, LLC (Salner, Craig)
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Request |
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| 22 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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Notice of Pending, Refiled, Related or Similar Actions by Skilkengold Development, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Salner, Craig)
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Request |
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| 21 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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ORDER DENYING 12 Motion for Expedited Determination, per D.E. 20. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/17/2017. (gie)
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| 20 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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ORDER DENYING Defendants' 12 Motion for Expedited Determination. On February 27, 2017, Defendant filed a 8 Motion to Dismiss and for More Definite Statement, which has not yet become ripe. Also on February 27, 2017, Defendant filed a stand-alone 9 Counterclaim. Defendant has not yet filed an Answer to Plaintiff's Complaint. On March 2, 2017, Defendants filed a 12 Motion for Expedited Determination of its Counterclaim and Motion to Dismiss. On March 17, 2017, Plaintiff filed a 19 Motion to Dismiss the Counterclaim and to Strike the Jury Demand contained therein.Federal Rule of Civil Procedure 13(a) states that "[a] pleading must state" a compulsory counterclaim, as defined by that Rule. Rule 13(b) states that "[a] pleading may state" a permissive counterclaim, as defined by that Rule. The Rules do not provide for stating a counterclaim outside of a "pleading." Indeed, Rule 12(a) only requires answer to a counterclaim when it is contained in a "pleading." Fed. R. Civ. P. 12(a)(1)(B) ("A defendant must serve an answer to a counterclaim... within 21 days after being served with the pleading that states the counterclaim...."). Rule 7(a) dictates that "[o]nly these pleadings are allowed: (1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a crossclaim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer." "Because a counterclaim is not itself a pleading, to state a counterclaim consistently with Rule 7(a) and Rule 13, a party must file the counterclaim as part of a recognized pleading, i.e. an answer." ITL Int'l, Inc. v. Walton & Post, Inc., Case No. 1022096CVGRAHAM/TORRES, 2011 WL 13055064, at *1 (S.D. Fla. June 6, 2011) (quoting Allied Med. Assoc. v. State Farm Mut. Auto. Ins. Co., Civil Action No. 082434, 2009 WL 839063, at *2 (E.D. Pa. 2009)); see also Microsoft Corp. v. Ion Tech, Corp., 484 F. Supp. 2d 955, 965 (D. Minn. 2007) ("Counterclaims, however, must appear in a pleading...."); Bernstein v. IDT Corp., 582 F. Supp. 1079, 1089 (D. Del. 1984) (concluding that counterclaims and crossclaims should be dismissed and/or stricken for failure to state them in a Rule 7 pleading). Defendants' Counterclaim does not appear in a "pleading." Counterclaims that do not appear in a pleading are "not authorized by the Federal Rules of Civil Procedure... [are] therefore, a nullity and should be stricken from the record." Mobley v. Safeco Ins. Co. of Ill., Case No. 6:12-cv-70-Orl-37DAB, 2012 WL 12916444, at *1 (M.D. Fla. Apr. 12, 2012). Accordingly, it is ORDERED AND ADJUDGED that Defendants' 9 Counterclaim is STRICKEN as an unauthorized filing under the Federal Rules; Defendant's Motion for Expedited Determination is DENIED AS MOOT to the extent it requests expedited determination of the Counterclaim and DENIED to the extent it requests expedited determination of its 8 Motion to Dismiss. If the Parties seek a faster disposition, they may consent to the jurisdiction of the Magistrate Judge. Plaintiff's Motion to Dismiss Counterclaim and Strike Jury Trial Demand, filed March 17, 2017 is DENIED AS MOOT. This entry constitutes the ENDORSED ORDER in its entirety. Signed by Judge Joan A. Lenard on 3/17/2017. (gie)
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| 19 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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MOTION to Dismiss 9 Counterclaim, , MOTION TO DISMISS 9 Counterclaim, FOR FAILURE TO STATE A CLAIM ( Responses due by 3/31/2017) by Skilkengold Development, LLC. (Attachments: # 1 Text of Proposed Order)(Salner, Craig)
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Request |
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| 18 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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REPLY to Response to Motion re 12 Defendant's MOTION to Expedite Determination filed by Centres HC, LLC, Centres Management Inc.. (Attachments: # 1 Exhibit A)(Olin, Michael)
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Request |
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| 17 |
Filed: 3/16/2017, Entered: 3/16/2017 |
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RESPONSE in Opposition re 8 Defendant's MOTION to Dismiss with Prejudice 1 Complaint, MOTION for More Definite Statement filed by Skilkengold Development, LLC. Replies due by 3/23/2017. (Attachments: # 1 Exhibit A)(Salner, Craig)
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Request |
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| 16 |
Filed: 3/9/2017, Entered: 3/9/2017 |
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Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 03/09/17. (dp)
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Request |
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| 15 |
Filed: 3/9/2017, Entered: 3/9/2017 |
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Order Referring Preliminary Status Conference, Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Jonathan Goodman; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 03/09/17. (Attachments: # 1 Appendix, # 2 Appendix) (dp)
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Request |
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| 14 |
Filed: 3/6/2017, Entered: 3/6/2017 |
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RESPONSE in Opposition re 12 Defendant's MOTION to Expedite Determination [CORRECTED VERSION] filed by Skilkengold Development, LLC. Replies due by 3/13/2017. (Salner, Craig)
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Request |
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| 13 |
Filed: 3/6/2017, Entered: 3/6/2017 |
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RESPONSE in Opposition re 12 Defendant's MOTION to Expedite Determination filed by Skilkengold Development, LLC. Replies due by 3/13/2017. (Salner, Craig)
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Request |
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| 12 |
Filed: 3/2/2017, Entered: 3/2/2017 |
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Defendant's MOTION to Expedite Determination by Centres HC, LLC, Centres Management Inc.. (Olin, Michael)
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Request |
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| 11 |
Filed: 3/1/2017, Entered: 3/1/2017 |
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Certificate of Interested Parties/Corporate Disclosure Statement by Centres HC, LLC, Centres Management Inc. (Olin, Michael)
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Request |
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| 10 |
Filed: 3/1/2017, Entered: 3/1/2017 |
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Corporate Disclosure Statement by Skilkengold Development, LLC identifying Corporate Parent SkilkenGold, LLC for Skilkengold Development, LLC (Salner, Craig)
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Request |
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| 9 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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COUNTERCLAIM against Skilkengold Development, LLC, filed by Centres HC, LLC, Centres Management Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Olin, Michael)
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Request |
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| 8 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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Defendant's MOTION to Dismiss with Prejudice 1 Complaint, , MOTION for More Definite Statement by Centres HC, LLC, Centres Management Inc.. Responses due by 3/13/2017 (Fotiu-Wojtowicz, Alaina)
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Request |
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| 7 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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NOTICE of Attorney Appearance by Alaina R Fotiu-Wojtowicz on behalf of Centres HC, LLC, Centres Management Inc.. Attorney Alaina R Fotiu-Wojtowicz added to party Centres HC, LLC(pty:dft), Attorney Alaina R Fotiu-Wojtowicz added to party Centres Management Inc.(pty:dft). (Fotiu-Wojtowicz, Alaina)
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Request |
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| 6 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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NOTICE of Attorney Appearance by Michael Scott Olin on behalf of Centres HC, LLC, Centres Management Inc.. Attorney Michael Scott Olin added to party Centres HC, LLC(pty:dft), Attorney Michael Scott Olin added to party Centres Management Inc.(pty:dft). (Olin, Michael)
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Request |
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| 5 |
Filed: 2/15/2017, Entered: 2/15/2017 |
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NOTICE by Skilkengold Development, LLC of Filing Returns of Service (Attachments: # 1 Exhibit A) (Silverglate, Spencer)
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Request |
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| 4 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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Summons Issued as to Centres HC, LLC, Centres Management Inc.. (rms1)
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Request |
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| 3 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. It is not necessary to file a document indicating lack of consent. (rms1)
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Request |
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| 2 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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Judge Assignment to Judge Joan A. Lenard (rms1)
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| 1 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-9463194, filed by Skilkengold Development, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) for Centres HC, LLC, # 3 Summon(s) for Centres Management Inc., # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I)(Silverglate, Spencer)
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