Case details

Court: flmd
Docket #: 6:02-cv-01247
Case Name: Cuthill, Jr., et al v. WINDELS MARX LANE, et al
PACER case #: 64007
Date filed: 2002-10-22
Date terminated: 2004-02-02
Assigned to: Chief Judge Anne C. Conway
Case Cause: 28:0157 Motion for Withdrawal of Reference
Nature of Suit: 423 Bankruptcy Withdrawl
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
R. W. Cuthill, Jr.
Plaintiff
Chapter 11 Trustee
Daniel H. Coultoff
Latham, Shuker, Eden & Beaudine 111 North Magnolia Avenue Suite 1400 Orlando, FL 32801 407/481-5800 Email: coultoff@lseblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Beaudine
Latham, Shuker, Eden & Beaudine, LLP* Suite 1400 111 N Magnolia Ave Orlando, FL 32801 407/481-5800 ext: 5815 Fax: 407/481-5801 Email: beaudine@lseblaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J. Furbush
Roetzel & Andress, LPA 420 S Orange Ave - Ste 700 PO Box 6507 Orlando, FL 32802-6507 407/896-2224 Fax: 407/835-3596 Email: mfurbush@ralaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

WINDELS MARX LANE & MITTENDORF, LLP
Defendant
formerly known as WINDELS MARX DAVIES & IVIES, LLP, a New York Limited Partnership
Francis H. Sheppard
Rumberger, Kirk & Caldwell, PA 300 S Orange Ave - Ste 1400 PO Box 1873 Orlando, FL 32802-1873 407872-7300 Fax: 407/841-2133 Email: fsheppard@rumberger.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sally Rogers Culley
Rumberger, Kirk & Caldwell, PA 300 S Orange Ave - Ste 1400 PO Box 1873 Orlando, FL 32802-1873 407/839-4511 Fax: 407/835-2011 Email: sculley@rumberger.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

W. L. Kirk , Jr.
Rumberger, Kirk & Caldwell, PA 300 S Orange Ave - Ste 1400 PO Box 1873 Orlando, FL 32802-1873 407/872-7300 Fax: 407-841-2133 Email: bkirk@rumberger.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James P. Conroy
Defendant
an individual
James P. Conroy
# Long Hill Road New Vernon, NJ 07976 PRO SE

William J. Zylka
Defendant
an individual
Evergreen Security, Ltd.
Debtor
Kenneth C. Meeker
Trustee
Lawrence M. Watson, Jr.
Mediator
Lawrence M. Watson, Jr.
Upchurch, Watson & White 900 Winderley Place, Suite 122 Maitland, FL 32751 407/661-1123 Email: lwats@uww-adr.com PRO SE

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-10-22 1 0 MOTION by R. W. Cuthill Jr. to withdraw the reference (Bankruptcy Record filed separately) (rdo) Modified on 02/13/2003 (Entered: 10/28/2002)
2002-11-04 2 0 NOTICE OF HEARING: Motion hearing set for 3:30 on 11/14/02 for [1-1] motion to withdraw the reference; Scheduled for Judge Gregory A. Presnell (Signed by Judge Gregory A. Presnell) ctc (rdo) (Entered: 11/04/2002)
2002-11-05 3 0 ORDER. In its Memorandum of Law in Opposition to Defendant's Motion for Withdrawal of Reference (Bankr. Adv. Doc. 11), Plaintiff, R.W. Churchill raised the issue that Defendant Windels Marx Lane's Motion for Withdrawal of Reference was not timely filed. Because the party who moved for the Withdrawal of Reference has not had an opportunity to address the issue, the Court asks the Defendant to submit a brief on the timeliness issue not to exceed ten pages on or before Tuesday, November 12, 2002. (Signed by Judge Gregory A. Presnell) ctc (rdo) (Entered: 11/05/2002)
2002-11-12 4 0 MEMORANDUM OF LAW regarding timeliness of its Motion for Withdrawal of the Reference by WINDELS MARX LANE re: [3-1] order (rdo) (Entered: 11/13/2002)
2002-11-14 5 0 MOTION HEARING held on 11/14/02 re: [1-1] motion to withdraw the reference before Judge Gregory A. Presnell. Court Reporter: Diane Peede (rdo) (Entered: 11/15/2002)
2002-11-19 6 0 ORDER granting [1-1] motion to withdraw the reference. The Clerk is directed to docket the Complaint in this case. The parties are directed to file their Case Management Report by December 6, 2002. (Signed by Judge Gregory A. Presnell) ctc (rdo) (Entered: 11/19/2002)
2002-12-06 7 0 CASE MANAGEMENT REPORT (rdo) (Entered: 12/09/2002)
2002-12-09 8 0 ORDER referring case to mediation. The parties shall file a stipulation selecting a mediator within eleven days of the date of this Order. Conduct hearing by 12/30/03. Lead counsel, Michael J. Furbush, to coordinate dates. (Signed by Judge A. Presnell) ctc (rdo) (Entered: 12/09/2002)
2003-01-15 9 0 ORDER appointing Lawrence M. Watson Jr. as mediator in this action. Mediation is to be completed by December 30, 2003. (Signed by Judge Gregory A. Presnell on 1/14/03) ctc (rdo) (Entered: 01/15/2003)
2003-02-06 10 0 CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT by R. W. Cuthill Jr. (rdo) (Entered: 02/07/2003)
2003-02-07 11 0 ORDER of recusal . The Clerk is directed to reassign this case to another Judge of this Court. (Signed by Judge Gregory A. Presnell) ctc (rdo) (Entered: 02/10/2003)
2003-02-10 12 0 NOTICE OF CASE REASSIGNMENT to the Honorable Sr. Judge G. Kendall Sharp. ctc (rdo) (Entered: 02/10/2003)
2003-02-11 13 0 ORDER directing the Clerk of the Court to reassign this case to another District Judge for all further proceedings. (Signed by Sr. Judge G. Kendall Sharp) ctc (rdo) (Entered: 02/11/2003)
2003-02-11 14 0 NOTICE OF CASE REASSIGNMENT to the Honorable Judge Anne C. Conway. ctc (rdo) (Entered: 02/11/2003)
2003-02-12 15 0 ORDER. On November 15, 2003, Judge Presnell entered an Order granting Defendant Windels Marx Lane's Motion for Withdrawal from Reference and directed the Clerk to docket the complaint. The Complaint was not docketed. Accordingly, the Clerk is directed to immediately docket the Complaint. The deadlines and dates in Judge Presnell's Scheduling Order (doc. 8) shall continue to govern the prosecution of this matter, with the exception that the Final Pretrial Conference is cancelled. No later than February 28, 2003 Defendant Windels Marx Lane shall file its response to the Complaint: set answer due for 2/28/03 for WINDELS MARX LANE . No later than February 28, 2003 Plaintiff shall advise the Court as to whether the individual Defendants James P. Conroy and William J. Zylkda have been served with the Complaint. (Signed by Judge Anne C. Conway) ctc (rdo) (Entered: 02/13/2003)
2003-02-12 16 0 COMPLAINT filed pursuant to a bankruptcy claim. (Originally filed in Bankruptcy Court on 8/9/02 as case no. 01-00533-6B1) (rdo) (Entered: 02/13/2003)
2003-02-13 17 0 CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT by WINDELS MARX LANE (rdo) (Entered: 02/13/2003)
2003-02-28 18 0 ANSWER and AFFIRMATIVE DEFENSES to [16-1] complaint by WINDELS MARX LANE (rdo) (Entered: 03/03/2003)
2003-02-28 19 0 RESPONSE by R. W. Cuthill Jr. to [15-1] order set answer due for 2/28/03 for WINDELS MARX LANE (rdo) (Entered: 03/03/2003)
2003-03-07 20 0 MOTION by R. W. Cuthill Jr. with memorandum in support to compel Discovery from WINDELS MARX referred to Judge David A. Baker (rdo) (Entered: 03/10/2003)
2003-03-10 21 0 RETURN of service executed as to William J. Zylka on 2/24/03; Answer due on 3/17/03. (rdo) (Entered: 03/11/2003)
2003-03-26 22 0 RESPONSE by WINDELS MARX LANE to [20-1] motion to compel Discovery from WINDELS MARX (rdo) (Entered: 03/27/2003)
2003-03-26 23 0 Notice of Filing Affidavit of Service and Summons executed as to James P. Conroy on 3/10/03; Answer due on 3/31/03 (rdo) (Entered: 03/27/2003)
2003-06-13 24 0 NOTICE of filing of Certificate of Disposition Indictment by R. W. Cuthill Jr. (rdo) (Entered: 06/16/2003)
2003-06-13 25 0 NOTICE of filing of a copy of an affidavit of William J. Zylka by R. W. Cuthill Jr. (rdo) (Entered: 06/16/2003)
2003-06-24 26 0 ORDER REQUIRING RICO CASE STATEMENT. It is ORDERED and ADJUDGED that the Plaintiff shall file, within twenty days from the date of this Order, a RICO Case Statement. This Statement shall include the facts upon which the Plaintiff is relying to initiate this RICO complaint as a result of the "reasonable inquiry" required by Rule 11 of the Federal Rule of Civil Procedure. (Signed by Judge Anne C. Conway) ctc (rdo) (Entered: 06/24/2003)
2003-06-24 27 0 ORDER TO SHOW cause why this case should not be dismissed as to Defendant William J. Zylka and James P. Conroy for want of prosecution pursuant to Local Rule 1.07(b): Response due on 7/7/03 for R. W. Cuthill Jr. Failure to respond shall result in dismissal of Defendants Zylka and Conroy without further notice. (Signed by Judge Anne C. Conway on 6/23/03 ) ctc (rdo) (Entered: 06/24/2003)
2003-06-26 28 0 MOTION by WINDELS MARX LANE for leave to file a Supplemental Response to Plaintiff's motion to compel discovery referred to Magistrate Judge David A. Baker (rdo) (Entered: 06/27/2003)
2003-07-03 29 0 JOINT STIPULATION for entry of attached Order by defendant WINDELS MARX LANE and plaintiff R. W. Cuthill Jr. (rdo) (Entered: 07/07/2003)
2003-07-07 30 0 RESPONSE to show cause order filed by plaintiff R. W. Cuthill Jr. (rdo) (Entered: 07/08/2003)
2003-07-07 31 0 NOTICE of filing a copy of James P. Conroy's Answer to the Complaint by R. W. Cuthill Jr. (rdo) (Entered: 07/08/2003)
2003-07-07 32 0 MOTION by R. W. Cuthill Jr. for entry of clerk's default as to William J. Zylka (rdo) (Entered: 07/08/2003)
2003-07-08 33 0 CLERK'S ENTRY OF DEFAULT as to William J. Zylka terminating [32-1] motion for entry of clerk's default as to William J. Zylka ctc (rdo) (Entered: 07/08/2003)
2003-07-11 34 0 ORDER granting [20-1] motion to compel Discovery from WINDELS MARX; denying as moot [28-1] motion for leave to file a Supplemental Response to Plaintiff's motion to compel discovery; denying as moot [29-1] stipulation for entry of attached Order (Signed by Magistrate Judge David A. Baker) ctc (rdo) (Entered: 07/11/2003)
2003-07-14 35 0 PLAINTIFF'S RICO CASE STATEMENT by R. W. Cuthill Jr. re: [16-1] complaint (rdo) (Entered: 07/15/2003)
2003-09-15 36 0 JOINT MOTION by WINDELS MARX LANE and R. W. Cuthill Jr. with memorandum in support to extend time to disclose expert reports (joint) referred to Magistrate Judge David A. Baker (rdo) (Entered: 09/15/2003)
2003-09-16 37 0 ORDER granting [36-1] motion to extend time to disclose expert reports (joint) (Signed by Magistrate Judge David Baker) ctc (rdo) (Entered: 09/16/2003)
2003-12-02 38 0 NOTICE by WINDELS MARX LANE of change of address for counsel, the firm of Rumberger, Kirk & Caldwell (rdo) (Entered: 12/02/2003)
2004-01-15 39 0 ORDER TO SHOW cause why the parties should not be sanctioned for failure to comply with this Court's Orders (docs. 8 and 9): Response due on 1/30/04 for Evergreen Security, William J. Zylka, James P. Conroy, R. W. Cuthill Jr. and WINDELS MARX LANE (Signed by Judge Anne C. Conway) ctc (rdo) (Entered: 01/15/2004)
2004-01-30 40 0 JOINT RESPONSE to show cause order filed by defendant WINDELS MARX LANE and plaintiff R. W. Cuthill Jr. (rdo) (Entered: 02/02/2004)
2004-02-02 41 0 ORDER OF DISMISSAL. The Court has been advised by the parties in their Joint Response to Order to Show Cause (doc. 40). Accordingly, it is ORDERED and ADJUDGED that this cause is hereby DISMISSED. All pending motions are DENIED as moot. (Signed by Judge Anne C. Conway) ctc (rdo) (Entered: 02/02/2004)
2004-02-03 42 0 RESPONSE to show cause order filed by defendant James P. Conroy (rdo) (Entered: 02/04/2004)
2004-05-28 43 0 JOINT STIPULATION of Dismissal with Prejudice by WINDELS MARX LANE, R. W. Cuthill Jr., James P. Conroy. (hsh) (Entered: 06/01/2004)
2004-08-24 44 0 MOTION for Order of Dismissal with Prejudice re 43 Stipulation of dismissal with Prejudice by WINDELS MARX LANE & MITTENDORF, LLP. (Murray, Sally) (Entered: 08/24/2004)
2004-08-25 45 0 AGREED MOTION for Order of Dismissal with Prejudice; re: 43 Joint Stipulation for Dismissal With Prejudice by WINDELS MARX LANE & MITTENDORF, LLP. (Murray, Sally) Modified on 8/27/2004 (HL). (Entered: 08/25/2004)
2004-08-30 46 0 ORDER granting 44 Motion, granting 45 Motion. The case is dismissed with prejudice. Signed by Judge Anne C. Conway on 8/30/2004. (Conway, Anne) (Entered: 08/30/2004)