US District Court Civil Docket as of October 4, 2016 Retrieved from the court on October 4, 2016 U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:15-cv-21740-MGC Wrigley v. Mastec, Inc. et al Assigned to: Judge Marcia G. Cooke Referred to: Magistrate Judge Edwin G. Torres Cause: 15:0078 Securities Exchange Act Plaintiff Nancy Wrigley Date Filed: 05/07/2015 Date Terminated: 09/29/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question represented by C Dov Berger Pomerantz, LLP 600 Third Avenue New York, NY 10016 212-661-1100 Email: cdberger@pomlaw.com Jeremy A. Lieberman Pomerantz, LLP 600 Third Avenue 20th Floor New York, NY 10016 212-661-1100 Fax: 212-661-8665 Email: jalieberman@pomlaw.com Leigh Handelman Smollar Pomerantz, LLP 10 South LaSalle Suite 3505 Chicago, IL 60603 312-377-1181 Email: lsmollar@pomlaw.com Mark Bryan Goldstein Pomerantz, LLP
10 South LaSalle Suite 3505 Chicago, IL 60603 312-377-1181 Email: mbgoldstein@pomlaw.com TERMINATED: 02/10/2016 Jayne Arnold Goldstein Pomerantz Grossman Hufford Dahlstrom & Gross LLP 1792 Bell Tower Lane Suite 203 Weston, FL 33326 954-315-3454 Fax: 954-315-3455 Email: jagoldstein@pomlaw.com Plaintiff Charles Theodore McCarter Co-Lead Plaintiff represented by Kara M. Wolke Glancy Prongay & Murray, LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 Email: kwolke@glancylaw.com Lester Rene Hooker Saxena White, P.A. Boca Center 5200 Town Center Circle Suite 601 Boca Raton, FL 33486 561-394-3399 Email: lhooker@saxenawhite.com Robert V. Prongay Glancy Binkow & Goldberg, LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Email: rprongay@glancylaw.com
Jayne Arnold Goldstein Plaintiff Charles Kitchner Co-Lead Plaintiff represented by Jayne Arnold Goldstein Kara M. Wolke Lester Rene Hooker Plaintiff David Scrimm Co-Lead Plaintiff represented by Jayne Arnold Goldstein Kara M. Wolke Lester Rene Hooker V. Defendant Mastec, Inc. represented by Clayton Paul Solomon Hogan Lovells US LLP Brickell World Plaza 600 Brickell Avenue, Suite 2700 Miami, FL 33131 305-459-6500 Fax: 305-459-6550
Email: cpsolomon@hhlaw.com TERMINATED: 09/07/2016 Daniel Eduardo Gonzalez Hogan Lovells US LLP 600 Brickell Avenue Suite 2700 Miami, FL 33131 305-459-6500 Fax: 459-6550 Email: Daniel.Gonzalez@HoganLovells.com Mark Richard Cheskin Hogan Lovells US LLP Brickell World Plaza 600 Brickell Avenue, Suite 2700 Miami, FL 33131 305-459-6500 Fax: 305-459-6550 Email: mark.cheskin@hoganlovells.com Scott R. Haiber Hogan Lovells US LLP 100 International Drive Suite 2000 Baltimore, MD 21202 Email: scott.haiber@hoganlovells.com Jason Mays Hogan Lovells US LLP 600 Brickell Ave., Suite 2700 Miami, FL 33131 3054596500 TERMINATED: 09/07/2016 Defendant JOSE R MAS represented by Clayton Paul Solomon TERMINATED: 09/07/2016
Daniel Eduardo Gonzalez Mark Richard Cheskin Scott R. Haiber Jason Mays TERMINATED: 09/07/2016 Defendant George L. Pita represented by Clayton Paul Solomon TERMINATED: 09/07/2016 Daniel Eduardo Gonzalez Mark Richard Cheskin Scott R. Haiber Jason Mays TERMINATED: 09/07/2016
Date Filed # Docket Text 05/07/2015 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C- 7712999, filed by Nancy Wrigley. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summon(s) Summons to MasTec, Inc., # 3 Summon(s) Summons to Jose R. Mas, # 4 Summon(s) Summons to George L. Pita, # 5 Certification Certification of Plaintiff Nancy Wrigley, # 6 Supplement Schedule A)(Goldstein, Jayne) (Entered: 05/07/2015) 05/07/2015 2 Judge Assignment to Judge Marcia G. Cooke (ar2) (Entered: 05/07/2015) 05/07/2015 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (ar2) (Entered: 05/07/2015) 05/07/2015 4 Summons Issued as to JOSE R MAS, Mastec, Inc., George L. Pita. (ar2) (Entered: 05/07/2015) 05/20/2015 5 ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non- Dispositive Matters Signed by Judge Marcia G. Cooke on 5/20/2015. (tm) (Entered: 05/20/2015) 05/20/2015 6 Order Requiring Joint Scheduling Report Signed by Judge Marcia G. Cooke on 5/20/2015. (tm) (Entered: 05/20/2015) 05/20/2015 7 ORDER EXPEDITING SERVICE. Expedited Service Deadline 7/20/2015. (tm) (Entered: 05/20/2015) 05/20/2015 8 Notice of Court Practice re Joint Motions Signed by Judge Marcia G. Cooke on 5/20/2015. (tm) (Entered: 05/20/2015) 05/26/2015 9 NOTICE of Attorney Appearance by Mark Richard Cheskin on behalf of JOSE R MAS, Mastec, Inc., George L. Pita. Attorney Mark Richard Cheskin added to party JOSE R MAS(pty:dft), Attorney Mark Richard Cheskin added to party Mastec, Inc.(pty:dft), Attorney Mark Richard Cheskin added to party George L. Pita(pty:dft). (Cheskin, Mark) (Entered: 05/26/2015) 05/26/2015 10 NOTICE of Attorney Appearance by Clayton Paul Solomon on behalf of JOSE R MAS, Mastec, Inc., George L. Pita. Attorney Clayton Paul Solomon added to party JOSE R MAS(pty:dft), Attorney Clayton Paul Solomon added to party Mastec, Inc.(pty:dft), Attorney Clayton Paul Solomon added to party George L. Pita(pty:dft). (Solomon, Clayton) (Entered: 05/26/2015) 05/26/2015 11 STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING by JOSE R MAS, Mastec, Inc., George L. Pita (Solomon, Clayton) (Entered: 05/26/2015) 05/26/2015 12 NOTICE of Attorney Appearance by Daniel Eduardo Gonzalez on behalf of JOSE R MAS, Mastec, Inc., George L. Pita. Attorney Daniel Eduardo Gonzalez added to party JOSE R MAS(pty:dft), Attorney Daniel Eduardo Gonzalez added to party Mastec, Inc.(pty:dft), Attorney Daniel Eduardo Gonzalez added to party George L. Pita(pty:dft). (Gonzalez, Daniel) (Entered: 05/26/2015) 05/29/2015 13 STIPULATION AND ORDER REGARDING SCHEDULING. The Consolidated Complaint shall be filed within 60 days of the appointment of lead plaintiff and lead plaintiff's counsel; any motion(s) to dismiss shall be filed within 60 days thereafter; lead plaintiff's opposition shall be filed within 60 days thereafter; and any replies shall be filed
within 30 days thereafter. Signed by Judge Marcia G. Cooke on 5/29/2015. (lpz) (Entered: 05/29/2015) 06/02/2015 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jeremy A. Lieberman. Filing Fee $ 75.00. Receipt # 101658. (ksa) (Entered: 06/03/2015) 06/02/2015 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for C. Dov Berger. Filing Fee $ 75.00. Receipt # 101657. (ksa) (Entered: 06/03/2015) 06/03/2015 16 ORDER granting 14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Court finds that the application for admission complies with the Court's Rules. The Clerk is Directed to add Jeremy A. Lieberman, Esq. as counsel of record for Plaintiff. Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/3/2015. (EGT) (Entered: 06/03/2015) 06/03/2015 17 ORDER granting 15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Court finds that the application complies with the Court's rules. The Clerk is Directed to add C. Dov Berger, Esq. as counsel of record for Plaintiff. Docket Order Signed by Magistrate Judge Edwin G. Torres on 6/3/2015. (EGT) (Entered: 06/03/2015) 07/06/2015 18 MOTION to Appoint Lead Plaintiff by Charles Theodore McCarter. Attorney Lester Rene Hooker added to party Charles Theodore McCarter(pty:mov). Responses due by 7/23/2015 (Attachments: # 1 Text of Proposed Order)(Hooker, Lester) (Entered: 07/06/2015) 07/06/2015 19 AFFIDAVIT signed by : Lester Hooker. re 18 MOTION to Appoint Lead Plaintiff by Charles Theodore McCarter (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hooker, Lester) (Entered: 07/06/2015) 07/06/2015 20 NOTICE by Charles Theodore McCarter re 18 MOTION to Appoint Lead Plaintiff (Hooker, Lester) (Entered: 07/06/2015) 07/06/2015 21 MOTION to Appoint Lead Plaintiff CHARLES KITCHNER AND DAVID SCRIMM ( Responses due by 7/23/2015), MOTION to Appoint Lead Counsel JAYNE A. GOLDSTEIN by Charles Kitchner, David Scrimm. Attorney Jayne Arnold Goldstein added to party Charles Kitchner(pty:mov), Attorney Jayne Arnold Goldstein added to party David Scrimm(pty:mov). (Attachments: # 1 Text of Proposed Order)(Goldstein, Jayne) (Entered: 07/06/2015) 07/06/2015 22 MOTION to Appoint Lead Plaintiff CHARLES KITCHNER AND DAVID SCRIMM ( Responses due by 7/23/2015), MOTION to Appoint Lead Counsel JAYNE A. GOLDSTEIN by Charles Kitchner, David Scrimm. (Goldstein, Jayne) (Entered: 07/06/2015) 07/06/2015 23 AFFIDAVIT in Support re 22 MOTION to Appoint Lead Plaintiff CHARLES KITCHNER AND DAVID SCRIMM MOTION to Appoint Lead Counsel JAYNE A. GOLDSTEIN filed by Charles Kitchner, David Scrimm. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - Certifications, # 3 Exhibit C - Loss Chart, # 4 Exhibit D - Firm Resume of Pomerantz LLP, # 5 Exhibit E - Firm Resume of The Rosen Law Firm, P.A.)(Goldstein, Jayne) (Entered: 07/06/2015) 07/06/2015 24 NOTICE by Charles Kitchner, David Scrimm re 22 MOTION to Appoint Lead Plaintiff
CHARLES KITCHNER AND DAVID SCRIMM MOTION to Appoint Lead Counsel JAYNE A. GOLDSTEIN (Attachments: # 1 Text of Proposed Order) (Goldstein, Jayne) (Entered: 07/06/2015) 07/14/2015 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert V. Prongay. Filing Fee $ 75.00. Receipt # 3927. (ksa) (Entered: 07/15/2015) 07/21/2015 26 ORDER granting 25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Court finds that the application complies with the Court's Local Rule; accordingly, the Clerk is directed to add Robert V. Prongay, Esq. as counsel of record for Plaintiffs. Docket Order Signed by Magistrate Judge Edwin G. Torres on 7/21/2015. (EGT) (Entered: 07/21/2015) 07/24/2015 27 STIPULATION re 18 MOTION to Appoint Lead Plaintiff, 21 MOTION to Appoint Lead Plaintiff CHARLES KITCHNER AND DAVID SCRIMM MOTION to Appoint Lead Counsel JAYNE A. GOLDSTEIN by Charles Kitchner, Charles Theodore McCarter, David Scrimm (Hooker, Lester) (Entered: 07/24/2015) 08/05/2015 28 ORDER granting 18 MOTION to Appoint Lead Plaintiff ; granting 21 MOTION to Appoint Lead Plaintiff ; granting 21 MOTION to Appoint Lead Counsel ; granting 22 MOTION to Appoint Lead Plaintiff ; granting 22 MOTION to Appoint Lead Counsel. These motions are Granted upon the filing of a stipulation between Plaintiffs' counsel and the absence of any objection in the record. Accordingly, (1) Charles T. McCarter, David Scrimm and Charles Kitchner are appointed Co-Lead Plaintiffs for the above-captioned action and any subsequently filed consolidated actions, pursuant to 15 U.S.C. 78u- 4(a)(3)(B); and (2) Charles T. McCarter's, David Scrimm's and Charles Kitchner's selections of Glancy Prongay & Murray LLP, Pomerantz LLP, and The Rosen Law Firm, P.A. are hereby approved as Co-Lead Counsel with Saxena White P.A. as Liaison Counsel. Docket Order Signed by Magistrate Judge Edwin G. Torres on 8/5/2015. (EGT) (Entered: 08/05/2015) 09/30/2015 29 Unopposed MOTION for Extension of Time to file Consolidated Complaint by Nancy Wrigley. Responses due by 10/19/2015 (Attachments: # 1 Text of Proposed Order)(Goldstein, Jayne) (Entered: 09/30/2015) 09/30/2015 30 ENDORSED ORDER GRANTING 29 Lead Plaintiffs' Unopposed Motion for Extension of Time to File Amended Complaint. The Consolidated Amended Complaint shall be filed on or before October 13, 2015. Any motions to dismiss shall be filed within 60 days after the filing of the Consolidated Amended Complaint. Lead Plaintiffs' opposition to any motion to dismiss shall be filed within 60 days thereafter, and any replies shall be filed within 30 days thereafter. Signed by Judge Marcia G. Cooke on 9/30/2015. (lpz) (Entered: 09/30/2015) 10/06/2015 31 MOTION to Appear Pro Hac Vice, Consent to Designation, and a Request to Electronically Receive Notices of Electronic Filing for Mark Bryan Goldstein. Filing Fee $ 75.00. Receipt # 109570. (ksa) (Entered: 10/08/2015) 10/06/2015 32 MOTION to Appear Pro Hac Vice, Consent to Designation, and a Request to Electronically Receive Notices of Electronic Filing for Leigh Handelman Smollar. Filing Fee $ 75.00. Receipt # 109571. (ksa) (Entered: 10/08/2015) 10/09/2015 33 DOCKET ORDER granting 31 Motion to Appear Pro Hac Vice, Consent to Designation,
and Request to Electronically Receive Notices of Electronic Filing; and granting 32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Court finds that the Motions satisfy the requirements of Rule 4, Admiss. Rules, S.D. Fla. Therefore, the Clerk of Court is directed to add Mark Bryan Goldstein at mbgoldstein@pomlaw.com and Leigh Handleman Smollar at lsmollar@pomlaw.com as co-counsel of record on behalf of plaintiff Nancy Wrigley. Docket Order signed by Magistrate Judge Edwin G. Torres on 10/9/2015. (abk) (Entered: 10/09/2015) 10/13/2015 34 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kara M. Wolke. Filing Fee $ 75.000. Receipt # 4148. (ksa) (Entered: 10/13/2015) 10/13/2015 35 DOCKET ORDER granting 34 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Court finds that the Motion satisfies the requirements of Rule 4, Admiss. Rules, S.D. Fla. Therefore, the Clerk of Court is directed to add Kara M. Wolke at kwolke@glancylaw.com as co-counsel of record on behalf of co-lead plaintiffs Charles T. McCarter, David Scrimm, and Charles Kitchner. Docket Order signed by Magistrate Judge Edwin G. Torres on 10/13/2015. (abk) (Entered: 10/13/2015) 10/13/2015 36 AMENDED COMPLAINT against All Defendants, filed by Charles Kitchner, David Scrimm, Charles Theodore McCarter.(Goldstein, Jayne) (Entered: 10/13/2015) 12/04/2015 37 Unopposed MOTION for Leave to File Excess Pages Defendants' Unopposed Motion for Leave to File Brief in Excess of Page Limit (25 Pages Total) by JOSE R MAS, Mastec, Inc., George L. Pita. (Attachments: # 1 Text of Proposed Order Proposed Order)(Cheskin, Mark) (Entered: 12/04/2015) 12/08/2015 38 ENDORSED ORDER granting 37 Defendants' Unopposed Motion for Leave to File Brief in Excess of Page Limit (25 Pages Total). Defendants' upcoming motion to dismiss and incorporated memorandum of law may total 25 pages. Signed by Judge Marcia G. Cooke on 12/8/2015. (yli) (Entered: 12/08/2015) 12/11/2015 39 NOTICE of Attorney Appearance by Jason Mays on behalf of JOSE R MAS, Mastec, Inc., George L. Pita. Attorney Jason Mays added to party JOSE R MAS(pty:dft), Attorney Jason Mays added to party Mastec, Inc.(pty:dft), Attorney Jason Mays added to party George L. Pita(pty:dft). (Mays, Jason) (Entered: 12/11/2015) 12/11/2015 40 Corporate Disclosure Statement by Mastec, Inc. (Cheskin, Mark) (Entered: 12/11/2015) 12/14/2015 41 Defendant's MOTION TO DISMISS 36 Amended Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss and Incorporated Memorandum of Law by JOSE R MAS, Mastec, Inc., George L. Pita. Responses due by 2/12/2016 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Cheskin, Mark) Modified text on 12/17/2015 to correct response date per chambers (mno). (Entered: 12/14/2015) 12/17/2015 Set/Reset Deadlines/Hearings Responses to D.E. 41 due by 2/12/2016 as per the Court Order, D.E. 30 (mno) (Entered: 12/17/2015) 12/17/2015 42 ENDORSED ORDER. This matter is before me sua sponte. Parties shall file their Joint Scheduling Report pursuant to my earlier 6 Order on or before January 15, 2016. Signed by Judge Marcia G. Cooke on 12/17/2015. (yli) (Entered: 12/17/2015)
12/17/2015 43 Unopposed MOTION for Leave to File Brief in Excess of Page Limit (25 Pages Total) by Charles Theodore McCarter, David Scrimm. (Attachments: # 1 Text of Proposed Order)(Hooker, Lester) (Entered: 12/17/2015) 12/18/2015 44 ENDORSED ORDER granting 43 Lead Plaintiffs' Unopposed Motion for Leave to File Brief in Excess of Page Limit (25 Pages Total). Plaintiffs' upcoming Opposition to Defendants' Motion to Dismiss and Incorporated Memorandum of Law may total 25 pages. Signed by Judge Marcia G. Cooke on 12/18/2015. (yli) (Entered: 12/18/2015) 01/05/2016 45 Joint MOTION Joint Motion to Defer Compliance with the Court's May 20, 2015 and December 17, 2015 Orders Requiring Submission of a Joint Scheduling Report re 42 Endorsed Order, 6 Order Requiring Joint Scheduling Report by JOSE R MAS, Mastec, Inc., George L. Pita. (Attachments: # 1 Text of Proposed Order Proposed Order)(Gonzalez, Daniel) (Entered: 01/05/2016) 01/05/2016 46 ENDORSED ORDER denying 45 Joint Motion to Defer Compliance With the Court''s May 20, 2015 and December 17, 2015 Orders Requiring Submission of a Joint Scheduling Report. This Court's 42 Endorsed Order remains in tact. Parties shall file their Joint Scheduling Report on or before January 15, 2016 while the Motion to Dismiss filings are finalized. Parties may agree to discovery deadlines that will not interfere with the full briefing schedule of the pending Motion to Dismiss. Signed by Judge Marcia G. Cooke on 1/5/2016. (yli) (Entered: 01/05/2016) 01/14/2016 47 MOTION to Withdraw as Attorney by Mark Goldstein. by Nancy Wrigley. Responses due by 2/1/2016 (Goldstein, Jayne) (Entered: 01/14/2016) 01/15/2016 48 SCHEDULING REPORT - Rule 16.1 by JOSE R MAS, Mastec, Inc., George L. Pita (Attachments: # 1 Pretrial Deadlines, Pretrial Conference and Trial Date, # 2 Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motions, # 3 Text of Proposed Order)(Gonzalez, Daniel) (Entered: 01/15/2016) 02/01/2016 49 ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: ( Jury Trial set for 3/20/2017 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 3/15/2017 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 7/8/2016., Expert Discovery due by 11/18/2016., Fact Discovery due by 10/7/2016., Joinder of Parties due by 7/8/2016., Final proposed jury instructions and verdict form Deadline 3/10/2017., Dispositive Motions due by 10/14/2016., Daubert and Markman Motions due by 11/23/2016., Pretrial Stipulation due by 2/10/2017.), ORDER REFERRING CASE to Mediation. Mediation Deadline 12/2/2016. Signed by Judge Marcia G. Cooke on 2/1/2016. (tm) (Entered: 02/01/2016) 02/10/2016 50 ORDER granting 47 Motion to Withdraw as Attorney. Attorney Mark Bryan Goldstein terminated as counsel of record for Plaintiff, who remains represented by lead counsel. Docket Order Signed by Magistrate Judge Edwin G. Torres on 2/10/2016. (EGT) (Entered: 02/10/2016) 02/12/2016 51 RESPONSE in Opposition re 41 Defendant's MOTION TO DISMISS 36 Amended Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss and Incorporated Memorandum of Law filed by Charles Kitchner, Charles Theodore McCarter, David Scrimm. Replies due by 2/22/2016. (Hooker, Lester) (Entered: 02/12/2016) 02/16/2016 52 NOTICE of Mediator Selection: David Geronemus selected. Filed/Added by JOSE R MAS, Mastec, Inc., George L. Pita, David geronemus. (Attachments: # 1 Exhibit
A)(Cheskin, Mark) (Entered: 02/16/2016) 03/14/2016 53 REPLY to Response to Motion re 41 Defendant's MOTION TO DISMISS 36 Amended Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss and Incorporated Memorandum of Law Defendants' Reply Memorandum in Support of Motion to Dismiss Plaintiffs' Amended Complaint filed by JOSE R MAS, Mastec, Inc., George L. Pita. (Cheskin, Mark) (Entered: 03/14/2016) 03/30/2016 54 NOTICE by JOSE R MAS, Mastec, Inc., George L. Pita re 41 Defendant's MOTION TO DISMISS 36 Amended Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss and Incorporated Memorandum of Law Defendants' Notice of Filing Corrected Exhibit A to Motion to Dismiss Plaintiffs' Amended Complaint (Attachments: # 1 Exhibit A) (Cheskin, Mark) (Entered: 03/30/2016) 03/30/2016 55 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott R. Haiber. Filing Fee $ 75.00 Receipt # 113C-8610411 by JOSE R MAS, Mastec, Inc., George L. Pita. Responses due by 4/18/2016 (Attachments: # 1 Text of Proposed Order Proposed Order)(Cheskin, Mark) (Entered: 03/30/2016) 03/30/2016 56 ORDER granting 55 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Scott R. Haiber. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Scott R. Haiber as counsel of record who may appear and participate in this action on behalf of Defendants MasTec, Inc., Jose R. Mas, and George L. Pita. The Clerk shall provide electronic notification of all electronic filings to Scott R. Haiber at scott.haiber@hoganlovells.com. Docket Order Signed by Magistrate Judge Edwin G. Torres on 3/30/2016. (EGT) (Entered: 03/30/2016) 08/09/2016 57 ENDORSED ORDER Setting Hearing on Motion. 41 Defendant's Motion to Dismiss shall be heard on September 28, 2016 at 11:30 a.m. in the Miami Division before Judge Marcia G. Cooke, Courtroom 11-2. Signed by Judge Marcia G. Cooke on 8/9/2016. (yli) (Entered: 08/09/2016) 08/12/2016 58 Unopposed MOTION to Continue Hearing on Defendants' Motion to Dismiss re 57 Order Setting Hearing on Motion, by Charles Kitchner, Charles Theodore McCarter, David Scrimm. Responses due by 8/29/2016 (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Hooker, Lester) (Entered: 08/12/2016) 08/12/2016 59 MOTION to Withdraw as Attorney of Record for Defendants by Jason L. Mays and Clayton P. Solomon. by JOSE R MAS, Mastec, Inc., George L. Pita. Responses due by 8/29/2016 (Attachments: # 1 Text of Proposed Order)(Cheskin, Mark) (Entered: 08/12/2016) 08/15/2016 60 ENDORSED ORDER denying 58 Motion to Continue. The motion hearing date shall remain unchanged. Parties should make the appropriate arrangements to ensure that at least one legal representative is available on each side to discuss Defendants' 41 Motion to Dismiss. Signed by Judge Marcia G. Cooke on 8/15/2016. (yli) (Entered: 08/15/2016) 09/07/2016 61 ORDER granting 59 Motion to Withdraw as Attorney. Attorney Jason Mays and Clayton Paul Solomon terminated as counsel of record for Defendant, which remains represented in the action by lead counsel. Docket Order Signed by Magistrate Judge Edwin G. Torres
on 9/7/2016. (EGT) (Entered: 09/07/2016) 09/28/2016 63 Minute Entry for proceedings held before Judge Marcia G. Cooke: Motion Hearing held on 9/28/2016 re 41 Defendant's MOTION TO DISMISS 36 Amended Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss and Incorporated Memorandum of Law filed by George L. Pita, Mastec, Inc., JOSE R MAS. All counsel present. Court Reporter: Tamra Piderit, 305-523-5158 / tamra_piderit@flsd.uscourts.gov (im) (Entered: 09/30/2016) 09/29/2016 62 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS granting 41 Motion to Dismiss for Failure to State a Claim. Closing Case. Motions Terminated: 41 Defendant's MOTION TO DISMISS 36 Amended Complaint FOR FAILURE TO STATE A CLAIM Defendants' Motion to Dismiss and Incorporated Memorandum of Law filed by George L. Pita, Mastec, Inc., JOSE R MAS. Signed by Judge Marcia G. Cooke on 9/29/2016. (tm) 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. (Entered: 09/29/2016) 10/04/2016 64 TRANSCRIPT of Motion Hearing held on September 28, 2016 before Judge Marcia G. Cooke, Volume Number 1 of 1, 1-29 pages, Court Reporter: Tamra Piderit, 305-523-5158 / tamra_piderit@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2016. Redacted Transcript Deadline set for 11/7/2016. Release of Transcript Restriction set for 1/6/2017. (tpt) (Entered: 10/04/2016) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html