This case was last updated from PACER on 09/08/2019 at 07:32:27 (UTC).

Julian Depot Miami LLC v. Home Depot U.S.A., Inc.

Case Summary

On 07/10/2019 Julian Depot Miami LLC filed a Bankruptcy - Withdrawal lawsuit against Home Depot U S A , Inc. This case was filed in U.S. District Courts, Florida Southern District. The Judges overseeing this case are Robert N. Scola, Jr and Edwin G. Torres. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-22838

  • Filing Date:

    07/10/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Bankruptcy - Withdrawal

  • Court:

    U.S. District Courts

  • Courthouse:

    Florida Southern District

Judge Details

Presiding Judge

Robert N. Scola, Jr

Referral Judge

Edwin G. Torres

 

Party Details

Plaintiff

Julian Depot Miami LLC

1501 Broadway, 22Nd Floor

New York, NY 10036

Defendant

Home Depot U.S.A., Inc.

620 Eighth Avenue

New York, NY 10018

Attorney/Law Firm Details

Plaintiff Attorneys

J. Ted Donovan

Attorney at Goldberg Weprin Finkel Goldstein LLP

1501 Broadway, 22Nd Floor

New York, NY 10036

Michael Allen Azre

Attorney at Waldman Barnett, P.L.

3250 Mary Street, Suite 102

Coconut Grove, FL 33133

Glen H. Waldman

Attorney at Waldman Barnett, P.L.

3250 Mary Street, Suite 102

Coconut Grove, FL 33133

Defendant Attorneys

Owen Richard Wolfe

Attorney at Seyfarth Shaw LLP

620 Eighth Avenue

New York, NY 10018

David E Gurley

Attorney at Gurley & Associates

601 South Osprey

Sarasota, FL 34236

Pamela G. Levinson

Attorney at Akerman Senterfitt

1 Se 3Rd Avenue, 28Th Floor

Miami, FL 33131-1714

Edward M. Fox

Attorney at Seyfarth Shaw LLP

620 Eighth Avenue

New York, NY 10018

Michael Allen Fant, Jr.

Attorney at Gurley & Associates

601 S. Osprey Ave.

Sarasota, FL 34236

 

Court Documents

#43

(#43) REPLY to Response to Motion re #37 Plaintiff's MOTION for Leave to File Response to Defendant's Motion to Dismiss Reply in Further Support of Motion to Dismiss filed by Home Depot U.S.A., Inc.. (Fant, Michael) (Entered: 09/03/2019)

#42

(#42) ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 8/20/2019. See attached document for full details. (mdc) (Entered: 08/20/2019)

#41

(#41) Order Requiring Discovery And Scheduling Conference And Order Referring Non-Dispositive Pretrial and Discovery Matters To The Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 8/19/2019. See attached document for full details. (vmz) (Entered: 08/19/2019)

#40

(#40) Plaintiff's RESPONSE to Set/Reset Deadlines/Hearings, 39 Order on Motion for Leave to File, Response to Defendant's Motion to Dismiss by Julian Depot Miami LLC. (Waldman, Glen) (Entered: 08/19/2019)

#38

(#38) NOTICE by Home Depot U.S.A., Inc. of Change of Law Firm Name (Gurley, David) (Entered: 08/16/2019)

37 #1

Exhibit Exhibit A - Response

#37

(#37) Plaintiff's MOTION for Leave to File Response to Defendant's Motion to Dismiss by Julian Depot Miami LLC. Attorney Glen H. Waldman added to party Julian Depot Miami LLC(pty:pla). (Attachments: #1 Exhibit Exhibit A - Response)(Waldman, Glen) (Entered: 08/07/2019)

#36

(#36) NOTICE of Attorney Appearance by Michael Allen Azre on behalf of Julian Depot Miami LLC. Attorney Michael Allen Azre added to party Julian Depot Miami LLC(pty:pla). (Azre, Michael) (Entered: 07/23/2019)

#35

(#35) NOTICE of Attorney Appearance by Pamela G. Levinson on behalf of Home Depot U.S.A., Inc.. Attorney Pamela G. Levinson added to party Home Depot U.S.A., Inc.(pty:dft). (Levinson, Pamela) (Entered: 07/22/2019)

#34

(#34) NOTICE of Attorney Appearance by Michael Allen Fant, Jr on behalf of Home Depot U.S.A., Inc.. Attorney Michael Allen Fant, Jr added to party Home Depot U.S.A., Inc.(pty:dft). (Fant, Michael) (Entered: 07/19/2019)

#33

(#33) NOTICE of Attorney Appearance by David E Gurley on behalf of Home Depot U.S.A., Inc.. Attorney David E Gurley added to party Home Depot U.S.A., Inc.(pty:dft). (Gurley, David) (Entered: 07/19/2019)

#32

(#32) Bar Letter re: Admissions sent to attorney Edward M. Fox and Owen Richard Wolfe, mailing date July 11, 2019, (cco) (Entered: 07/11/2019)

#31

(#31) Bar Letter re: Admissions sent to attorney J. Ted Donovan, mailing date July 11, 2019, (cco) (Entered: 07/11/2019)

28 #22

DE 23 - Letter to The Honorable Sean H. Lane, dated March 21, 2019

28 #21

DE 22 - Transcript regarding Hearing Held on 1/29/19 RE: Case Management Status

28 #19

DE 20 - Signed Endorsed Order

28 #18

DE 19 - Stipulation Extending Time

28 #17

DE 18 - Stipulation Extending Time

32 More Documents Available

 

Docket Entries

  • 09/03/2019
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  • (#43) REPLY to Response to Motion re #37 Plaintiff's MOTION for Leave to File Response to Defendant's Motion to Dismiss Reply in Further Support of Motion to Dismiss filed by Home Depot U.S.A., Inc.. (Fant, Michael) (Entered: 09/03/2019)

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  • 08/20/2019
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  • (#42) ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 8/20/2019. See attached document for full details. (mdc) (Entered: 08/20/2019)

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  • 08/19/2019
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  • (#41) Order Requiring Discovery And Scheduling Conference And Order Referring Non-Dispositive Pretrial and Discovery Matters To The Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 8/19/2019. See attached document for full details. (vmz) (Entered: 08/19/2019)

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  • 08/19/2019
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  • (#40) Plaintiff's RESPONSE to Set/Reset Deadlines/Hearings, 39 Order on Motion for Leave to File, Response to Defendant's Motion to Dismiss by Julian Depot Miami LLC. (Waldman, Glen) (Entered: 08/19/2019)

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  • 08/19/2019
  • Responses due by 8/19/2019 Replies due by 9/3/2019 Per DE 39 . (vmz) (Entered: 08/19/2019)

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  • 08/16/2019
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  • (#39) PAPERLESS ORDER granting the Plaintiff's motion for leave to file response to the defendant's motion to dismiss #37 . The Plaintiff shall file file its response brief as a separate document by August 19, 2019. Defendant's reply brief is due by September 3, 2019. In the parties filings, they shall state with supporting record citation what portions of the motion to dismiss remain unresolved. Signed by Judge Robert N. Scola, Jr. (zlz) (Entered: 08/16/2019)

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  • 08/16/2019
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  • (#38) NOTICE by Home Depot U.S.A., Inc. of Change of Law Firm Name (Gurley, David) (Entered: 08/16/2019)

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  • 08/07/2019
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  • (#37) Plaintiff's MOTION for Leave to File Response to Defendant's Motion to Dismiss by Julian Depot Miami LLC. Attorney Glen H. Waldman added to party Julian Depot Miami LLC(pty:pla). (Attachments: #1 Exhibit Exhibit A - Response)(Waldman, Glen) (Entered: 08/07/2019)

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  • 07/23/2019
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  • (#36) NOTICE of Attorney Appearance by Michael Allen Azre on behalf of Julian Depot Miami LLC. Attorney Michael Allen Azre added to party Julian Depot Miami LLC(pty:pla). (Azre, Michael) (Entered: 07/23/2019)

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  • 07/22/2019
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  • (#35) NOTICE of Attorney Appearance by Pamela G. Levinson on behalf of Home Depot U.S.A., Inc.. Attorney Pamela G. Levinson added to party Home Depot U.S.A., Inc.(pty:dft). (Levinson, Pamela) (Entered: 07/22/2019)

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  • 07/19/2019
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  • (#34) NOTICE of Attorney Appearance by Michael Allen Fant, Jr on behalf of Home Depot U.S.A., Inc.. Attorney Michael Allen Fant, Jr added to party Home Depot U.S.A., Inc.(pty:dft). (Fant, Michael) (Entered: 07/19/2019)

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  • 07/19/2019
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  • (#33) NOTICE of Attorney Appearance by David E Gurley on behalf of Home Depot U.S.A., Inc.. Attorney David E Gurley added to party Home Depot U.S.A., Inc.(pty:dft). (Gurley, David) (Entered: 07/19/2019)

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  • 07/11/2019
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  • (#32) Bar Letter re: Admissions sent to attorney Edward M. Fox and Owen Richard Wolfe, mailing date July 11, 2019, (cco) (Entered: 07/11/2019)

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  • 07/11/2019
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  • (#31) Bar Letter re: Admissions sent to attorney J. Ted Donovan, mailing date July 11, 2019, (cco) (Entered: 07/11/2019)

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  • 07/10/2019
  • (#30) Bankruptcy Filing of Motion to Withdraw Reference Pursuant to 28 USC 157(d) with District Court (jc) (Entered: 07/10/2019)

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  • 07/10/2019
  • (#29) Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. 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. (jc) (Entered: 07/10/2019)

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  • 07/10/2019
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  • (#28) Case transferred in from Southern District of New York (Manhattan); Case Number - Adversary Proceeding #: 18-01765- SHL. Electronic file consisting of documents numbered 1 to 27, including transfer order and docket sheet received., filed by Julian Depot Miami LLC. (Attachments: #1 DE 2 - Summons, #2 DE 3 - Affidavit of Service, #3 DE 4 - Stipulation Extending Time, #4 DE 5 - Notice of Adjournment, #5 DE 6 - Defendant's Motion to Dismiss, #6 DE 7 - Notice of Motion to Dismiss, #7 DE 8 - Declaration of Edward M. Fox, #8 DE 9 - Declaration of David E. Gurley, #9 DE 10 - Notice of Motion of Defendant to Withdraw the Reference) #10 DE 11 - Civil Cover Sheet, #11 DE 12 - Memorandum of Law in Support of Motion of Defendant Home Depot U.S.A., Inc, #12 DE 13 - Declaration of Edward M. Fox, #13 DE 14 - Declaration of David E. Gurley, #14 DE 15 - Civil Cover Sheet, #15 De 16 - Certificate of Service, #16 DE 17 - Stipulation Extending Time, #17 DE 18 - Stipulation Extending Time, #18 DE 19 - Stipulation Extending Time, #19 DE 20 - Signed Endorsed Order, #20 DE 21- Stipulation Extending Time, #21 DE 22 - Transcript regarding Hearing Held on 1/29/19 RE: Case Management Status Conference, #22 DE 23 - Letter to The Honorable Sean H. Lane, dated March 21, 2019, #23 DE - Transcript regarding Hearing Held on 3/28/2019 RE: Adversary Proceeding; Status Conference Re: Letters, #24 DE 25 - Notice of Adjournment, #25 DE 26 - Order Transferring Adversary Proceeding and Reserving Balance of Motion to Dismiss or, in the Alternative, to Abstain and/or Transfer, #26 DE 27 - Notice of Withdrawal of Motion to Withdraw the Reference and Transfer Venue, #27 BANKRUPTCY COURT DOCKET SHEET) (jc). #28 DE 1 - COMPLAINT) (jc). (Entered: 07/10/2019)

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