Sharp v. United Van Lines, LLC

Docket(#13) PAPERLESS ORDER DISCHARGING 10 ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: The Court has carefully reviewed Plaintiff's counsel's Response to the Order to Show Cause ("Response") [DE 12]. It appears, based upon the representation of Michael L. Feinstein, Esq., that he was unaware of the Court's December 22, 2022 scheduling conference due to an office clerical error, as the firm's Case Manager/Paralegal has been attending to her premature baby and inadvertently overlooked the Court's Order, despite having procedures in place to ensure court filings are addressed in a timely fashion. The Court accepts Mr. Feinstein's representation (and the attached Affidavit of Ms. Sickles) and will decline to sanction Plaintiff's counsel or Plaintiff on this occasion. The Order to Show Cause [DE 10] is therefore DISCHARGED. No further action shall be taken by the Court, and the Court considers this matter closed. However, the Court cautions Mr. Feinstein that any future failure to appear at a hearing or to comply with Court orders in this district can have serious consequences. Signed by Magistrate Judge William Matthewman on 12/29/2022. (cpe) (Entered: 12/29/2022)

Docket(#12) RESPONSE TO ORDER TO SHOW CAUSE re 7 Order,,,,, Set/Reset Hearings,,,, by George Sharp. (Attachments: #1 Exhibit AFFIDAVIT)(Feinstein, Michael) (Entered: 12/27/2022)

Docket(#11) PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: re #6 Order Referring Case to Magistrate Judge,,, Scheduling Order,, ( Amended Pleadings due by 2/9/2023., Discovery due by 6/1/2023., Joinder of Parties due by 2/9/2023., In Limine Motions due by 6/15/2023., Dispositive Motions due by 6/15/2023., Motions due by 6/15/2023., Pretrial Stipulation due by 7/17/2023., Jury Trial set for 8/14/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 8/9/2023 01:15 PM before Judge Donald M. Middlebrooks.). Signed by Magistrate Judge William Matthewman on 12/22/2022. See attached document for full details. (drz) #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. (Entered: 12/22/2022)

Docket(#10) PAPERLESS ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: This case was duly set and noticed on December 6, 2022, for a Scheduling Conference to be held by Zoom Video Teleconference (VTC) before the Undersigned United States Magistrate Judge on December 22, 2022 at 1:30 p.m. [DE 7]. At the time of the scheduled hearing on December 22, 2022, the Court called the case, but there was no appearance by Plaintiff's counsel. The Court waited 5 minutes for Plaintiff's counsel to appear. Defendant's counsel has not yet made an appearance in the case, so the hearing could not go forward at all. The failure of Plaintiff's counsel to appear as required prevented the Court from discussing several important issues and has disrupted this Court's schedule. Accordingly, Plaintiff's counsel, Michael Laurence Feinstein, Esq. is hereby ORDERED TO SHOW CAUSE as to why he and/or Plaintiff should not be sanctioned or held in contempt of court for counsel's failure to appear at the duly noticed Scheduling Conference. Plaintiff's counsel shall file a written response to this Court's Order to Show Cause on or before noon on December 29, 2022. Failure to comply with this Order may result in further sanctions upon Plaintiff's counsel and/or Plaintiff. Further, Plaintiff's counsel is ORDERED to provide a copy of this Order and his Response to this Court's Order to Show Cause to the Plaintiff, George Sharp. Despite Plaintiff's counsel's failure, the Court will go ahead and enter the Pretrial Scheduling Order it would have entered had Plaintiff's counsel properly appeared. Signed by Magistrate Judge William Matthewman on 12/22/2022. (cpe) (Entered: 12/22/2022)

Docket(#9) PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status Conference via Zoom Video Teleconference held on 12/22/2022. The Court waited five minutes for Plaintiff's counsel to appear. Plaintiff's counsel did not appear. The Scheduling Conference was NOT held. The Court will issue an Order to Show Cause to Plaintiff's Counsel. Nonetheless, written scheduling order and order of referral to mediation will be issued. Total time in court: 02 minutes. (Digital 13:35:53) (swr) (Entered: 12/22/2022)

Docket(#8) First AMENDED COMPLAINT against United Van Lines, LLC, filed by George Sharp. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Feinstein, Michael) (Entered: 12/08/2022)

Docket(#7) PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 12/22/2022 at 1:30 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 12/6/2022. (cpe) (Entered: 12/06/2022)

Docket(#6) ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 8/14/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/9/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 11/22/2022. See attached document for full details. (pc) #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. (Entered: 11/22/2022)

Docket(#5) NOTICE by George Sharp (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Feinstein, Michael) (Entered: 11/16/2022)

Docket(#4) Summons Issued as to United Van Lines, LLC. (nan) (Entered: 11/16/2022)

Docket(#3) Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet - (We cannot open the file with the attached civil cover sheet). Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (nan) (Entered: 11/16/2022)

Docket(#2) Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (nan) (Entered: 11/16/2022)

Docket(#1) COMPLAINT against United Van Lines, LLC. Filing fees $ 402.00 receipt number AFLSDC-16102446, filed by George Sharp. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet, #4 Summon(s) United Summons)(Feinstein, Michael) (Entered: 11/15/2022)