SISSENWEIN v. OFF LEASE ONLY LLC

Docket(#20) PAPERLESS ORDER DISCHARGING ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: The Court has carefully reviewed Plaintiff's Response to the Order to Show Cause [DE 18], which was filed several hours after the noon deadline. It appears, based upon the representations of counsel, that Peter M. Hoogerwoerd, Esq., and Corey Logan Seldin, Esq., failed to attend the Scheduling Conference due to a calendaring mistake and because they had other commitments which interfered with their ability to review emails and Court Orders. The Court accepts the good-faith representations in the Response and declines to sanction Mr. Hoogerwoerd or Mr. Seldin or refer them to Bar authorities. The Order to Show Cause [DE 14] is therefore DISCHARGED. No further action will be taken by the Court, and the Court considers this matter closed. However, the Court cautions counsel that any future failure to appear at a hearing may have serious consequences. The Court expects that counsel has taken, and will continue to take, appropriate steps to avoid this issue from recurring. Additionally, in light of counsel's representations in the Response that Cristobal Bobadilla-Gamboa, Esq., is no longer employed with Remer & Georges-Pierre PLLC and no longer represents Plaintiff, the Court ORDERS that Mr. Bobadilla-Gamboa and/or Plaintiff's counsel promptly take the appropriate steps to have the docket reflect the termination of Mr. Bobadilla-Gamboa. Signed by Magistrate Judge William Matthewman on 4/13/2022. (no00) (Entered: 04/13/2022)

Docket(#19) NOTICE of Compliance by DAVID SISSENWEIN re 14 Order to Show Cause,,,,,,,,, (Hoogerwoerd, Peter) (Entered: 04/08/2022)

Docket(#18) RESPONSE TO ORDER TO SHOW CAUSE re 14 Order to Show Cause,,,,,,,,, by DAVID SISSENWEIN. (Hoogerwoerd, Peter) (Entered: 04/08/2022)

Docket(#17) PAPERLESS ORDER regarding #15 Notice of Unavailability. Counsel for Defendant filed the instant Notice of Unavailability apprising the court of certain dates of unavailability. Counsel is advised that, pursuant to Federal Rule of Civil Procedure 7(b)(1), "[a] request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b)(1). Counsel's "Notice of Unavailability" is not a motion and therefore I will not take any action upon it. Signed by Judge Donald M. Middlebrooks on 4/5/2022. (kal) (Entered: 04/05/2022)

Docket(#16) ORDER SETTING PRETRIAL SCHEDULING ORDER, RE-SETTING TRIAL DATE,AND REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 5/5/2022., Discovery due by 8/25/2022., Fact Discovery due by 8/25/2022., Expert Discovery due by 8/25/2022., Joinder of Parties due by 5/5/2022., In Limine Motions due by 9/8/2022., Dispositive Motions due by 9/8/2022., Motions due by 9/8/2022., Pretrial Stipulation due by 10/10/2022., Jury Trial set for 11/7/2022 at 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 11/2/2022 at 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 4/4/2022. See attached document for full details. (mee) (Entered: 04/05/2022)

Docket(#15) NOTICE OF UNAVAILABILITY by OFF LEASE ONLY LLC for dates of May 20, 2022 through May 23, 2022, May 27, 2022 and June 8, 2022 through July 1, 2022 (Kline, Arlene) (Entered: 04/04/2022)

Docket(#14) PAPERLESS ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: This case was duly set and noticed on March 14, 2022, for a Scheduling Conference to be held by Zoom Video Teleconference (VTC) before the Undersigned United States Magistrate Judge on April 4, 2022 at 2:30 p.m. [DE 10]. At the time of the scheduled hearing on April 4, 2022, the Court called the case, but there was no appearance by Plaintiff's counsel. Defendant's counsel, Arlene K. Kline, Esq., did timely appear and, at the Court's request, attempted to reach Plaintiff's counsel to notify them that the Court was waiting on their appearance at the Scheduling Conference in this case. The Court waited while Defendant's counsel attempted to reach Plaintiff's counsel, and, when that effort was unsuccessful, the Court continued the hearing until 3:20 p.m. on the same date to provide Defendant's counsel with additional time to attempt to reach Plaintiff's counsel. When the hearing was reconvened at 3:20 p.m., there was still no appearance by Plaintiff's counsel despite the fact that Defendant's counsel had telephoned and emailed Plaintiff's counsel. The Court proceeded with the Scheduling Conference, but the failure of Plaintiff's counsel to appear as required prevented the Court from discussing several important issues with Plaintiff's counsel. The failure of Plaintiff's counsel to attend the Scheduling Conference as duly noticed has disrupted this Court's schedule and has served to obstruct this proceeding. Accordingly, Plaintiff's counsel, Cristobal Bobadilla-Gamboa, Esq., Peter Michael Hoogerwoerd, Esq., and Corey Logan Seldin, Esq., are hereby ORDERED TO SHOW CAUSE why they should not be sanctioned or held in contempt of Court for their 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 April 8, 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 their Response to this Court's Order to Show Cause to the Plaintiff, David Sissenwein. Signed by Magistrate Judge William Matthewman on 4/4/2022. (no00) (Entered: 04/04/2022)

Docket(#13) PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Scheduling Conference via Zoom Video Teleconference held on 4/4/2022. Plaintiff's counsel did not appear. The Court will issue an Order to Show Cause. The Court requested that Defense counsel inform Plaintiff's counsel of this Scheduling Conference. The Court discussed modification of the trial period and pretrial deadlines; motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 13 minutes. Attorney Appearance(s): Arlene Karin Kline. (Digital 15:21:37) (kza) (Entered: 04/04/2022)

Docket(#12) PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status Conference Re Scheduling Conference held on 4/4/2022.Plaintiff's counsel did not appear. The Court reset the Scheduling Conference. (Scheduling Conference via Zoom VTC reset for 4/4/2022 at 3:20 PM in West Palm Beach Division before Magistrate Judge William Matthewman.). To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Total time in court: 02 minutes. Attorney Appearance(s): Arlene Karin Kline. (Digital 14:32:00) (kza) (Entered: 04/04/2022)

Docket(#11) Defendant's ANSWER and Affirmative Defenses to Amended Complaint by OFF LEASE ONLY LLC. (Kline, Arlene) (Entered: 03/18/2022)

Docket(#10) PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 4/4/2022 at 2:30 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 3/14/2022. (no00) (Entered: 03/14/2022)

Docket(#9) ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 8/15/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 8/10/2022 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a scheduling conference. Signed by Judge Donald M. Middlebrooks on 3/8/2022. See attached document for full details. (mee) (Entered: 03/08/2022)

Docket(#8) PAPERLESS ORDER denying as moot #4 Defendant's Motion to Dismiss, in light of Plaintiff's filing of the First Amended Complaint (DE #7 ). Signed by Judge Donald M. Middlebrooks on 3/7/2022. (kal) (Entered: 03/07/2022)

Docket(#7) First AMENDED COMPLAINT against OFF LEASE ONLY LLC, filed by DAVID SISSENWEIN.(Seldin, Corey) (Entered: 03/04/2022)

Docket(#6) CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Paige Samantha Newman re #5 Notice of Change of Address, Email or Law Firm Name. Attorney Paige Samantha Newman has not completed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) (Entered: 03/02/2022)

Docket(#5) NOTICE of Change of Address, Email or Law Firm Name by Paige Samantha Newman (Newman, Paige) (Entered: 03/02/2022)

Docket(#4) MOTION TO DISMISS #1 Notice of Removal (State Court Complaint) FOR FAILURE TO STATE A CLAIM by OFF LEASE ONLY LLC. Responses due by 3/4/2022 (Kline, Arlene) (Entered: 02/18/2022)

Docket(#3) NOTICE of Attorney Appearance by Melissa Segarra Zinkil on behalf of OFF LEASE ONLY LLC. Attorney Melissa Segarra Zinkil added to party OFF LEASE ONLY LLC(pty:dft). (Zinkil, Melissa) (Entered: 02/17/2022)

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. 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. (jua) (Entered: 02/17/2022)

Docket(#1) NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-15409517, filed by OFF LEASE ONLY LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Composite A - State Court Filings)(Kline, Arlene) (Entered: 02/17/2022)