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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA CIVIL ACTION
IN RE: THE MATTER OF
898 FIFTH AVENUE SOUTH HOLDINGS, LLC,
Plaintiff(s),
vs. CASENO: = 18-CA-2183
BAYSTAR HOLDINGS, LLC, ET AL,
Defendant(s).
/
ORDER OF REFERRAL TO THE MAGISTRATE
THIS CAUSE came on before the court upon the court’s own motion and the Court, being duly
advised in the premises, it is:
ORDERED that this case is referred to General Magistrate DAVID C. FRIEDMAN for further
proceedings, pursuant to Rule 1.490(a), Rule 1.490(c), Florida Rules of Civil Procedure, and current
Administrative Orders of the Court. This referral is subject to the consent of all parties, pursuant to Rule
1.490(c) of the Florida Rules of Civil Procedure. The Magistrate shall hold such hearings as deemed
necessary and shall file, as soon as practicable, a Recommended Order of the General Magistrate.
IF REQUIRED BY THE MAGISTRATE, THE ATTORNEYS SHALL PREPARE A
RECOMMENDED ORDER OF THE MAGISTRATE. FAILURE TO SUBMIT SAID
RECOMMENDED ORDER OF THE MAGISTRATE ON A TIMELY BASIS MAY RESULT IN
SANCTIONS BEING IMPOSED BY THE CIRCUIT COURT JUDGE.
THIS CASE IS REFERRED TO THE MAGISTRATE on the following issues:
{1 All Discovery Motions {1 Motion for Contempt
[] Motion for Protective Order [J Motion for Sanctions
[] Motion to Transfer Venue {1 Motion to Add/Substitute Parties
{] Motion to Withdraw {] Motion to Intervene
{] Motions Directed to Pleadings [] Orders to Show Cause
[] Motion to Amend Lt] Summary Judgment
{] Pretrial Conference t] Motion for Attorney’s Fees/Costs
[] Status/Case Management Conference [ ] Trial/Final Judgment
[] Motion to Compel Discovery Responses[ ] Motion to Dismiss
{] Motion to Strike [x] OTHER: Motion for Final Crossclaim Judgment
After Default
AND ANY OTHER MATTER RELATED THERETO.
IT IS FURTHER ORDERED that the above matter(s) and responses are referred to Magistrate
DAVID C. FRIEDMAN for further proceedings, pursuant to the applicable Florida Rules of Procedure and
current administrative orders of the court. A time and place shall be assigned for the proceedings as soon as
reasonably possible after this referral is made and notice shall be given to each of the parties either by the
Magistrate or one or more of the parties.
A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES.
YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BY A JUDGE. IF YOU DO NOT
WANT TO HAVE THIS MATTER HEARD BY THE MAGISTRATE, YOU MUST FILE A
WRITTEN OBJECTION TO THE REFERRAL WITH THE CLERK OF COURT PRIOR TO
COMMENCEMENT OF THE HEARING. A COPY OF THE WRITTEN OBJECTION SHALL
ALSO BE PROVIDED TO THE CIRCUIT JUDGE ASSIGNED TO THE CASE. FAILURE TO
FILE A WRITTEN OBJECTION IS DEEMED TO BE CONSENT TO THE REFERRAL. IF AN
OBJECTION IS FILED, THE PARTY OR THE PARTY’S COUNSEL IS ADVISED THAT TO
AVOID THE POSSIBLE IMPOSITION OF SANCTIONS, TO FILE SAID OBJECTION BOTH INWRITING AND IN A TIMELY MANNER, WHICH WILL PROMOTE PROFESSIONAL
COURTESY AND AVOID UNNECESSARY INCONVENIENCE TO THE COURT AND THE
OPPOSING PARTY.
The General Magistrate is authorized to administer oaths and conduct hearings, as may be deemed
necessary, which may include the taking of evidence. As soon as practicable, the General Magistrate shall
file a Report and Recommendation, that contains findings of fact, conclusions of law, and the
recommendation as to a ruling by the Court, and shall submit, as may be appropriate, a Recommended Order
of General Magistrate.
Review of the Report and Recommendation made by the General Magistrate shall be by
exceptions filed within 10 days after it is served, as provided in Rule 1.490(h), Florida Rules of Civil
Procedure. Any party may file cross-exceptions within 5 days from the service of the exceptions. If no
exceptions are timely filed, the Court shall take appropriate action on the report. If exceptions are timely
filed, the Court shall resolve the exceptions at a hearing on reasonable notice.
Any party filing exceptions will be required to provide the Court with a record sufficient to
support the exceptions, or the exceptions may be denied. A record sufficient to support exceptions may
require a written transcript of the relevant proceedings. The record shall include the court file, designated
portions of the transcript of proceedings before the General Magistrate, and all depositions and evidence
presented to the General Magistrate. The designated transcript portions must be delivered to the Court
and all other parties at least 48 hours before the hearing. If the party filing exceptions prepares less than a
full transcript of the proceeding before the General Magistrate, that party must promptly file a notice
designating the portions of the transcript that will be transcribed, and the other parties must be given
reasonable time after service of the notice to arrange for the preparation and designation of other portions
of the transcript for the Court to consider at the hearing.
Though civil proceedings before a Judge are not electronically recorded by the Court, parties are
advised that civil proceedings before a Magistrate will be electronically recorded by the Court. However
any party may elect to provide a live Court Reporter at that party’s own expense. If a live Court Reporter
is provided by either party, requests for transcripts must be submitted to that Court Reporter. If no live
Court Reporter is provided by a party, a party may request an electronic certified copy of the proceeding
on CD, at that party’s expense, and may then have the recording transcribed, at that party’s expense.
Providing the Court with a copy of the CD, instead of a certified written transcript, is insufficient for
review of exceptions by the Court. Media request forms, procedures, and fees, and a list of approved
Transcriptionists are available on the Court’s website, www.ca.cjis20.org , or by calling the Court’s
Electronic Court Reporting Department at 239-252-8800.
After conclusion of the proceedings, if exceptions to the Magistrate’s Report are filed, A COPY
OF SAME SHALL BE CONTEMPORANEOUSLY SUBMITTED TO THE MAGISTRATE.
DONE AND ORDERED in Collier County, Florida this dd day of 2019.
Lauren L. Brodie
Circuit Court Judge
CC: — Service List Attached or list all parties including email address or mailing address (pro se)
address
Alex R. Figares, Esq.
Meredith Anne Peck, Esq.
“4 ~ Kyle D. McLaughlin
Y 1378 Chesapeake Avenue
Ho Naples, FL 34102
$$\\ Baystar Holdings, LLC
c/o Kyle D. McLaughlin
2120 River Reach Drive Apt 11
Naples, FL 34104
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site oar oder T 6 Lde/e0d IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION IN RE: THE MATTER OF 898 FIFTH AVENUE SOUTH HOLDINGS, LLC, Plaintiff(s), vs. CASENO: = 18-CA-2183 BAYSTAR HOLDINGS, LLC, ET AL, Defendant(s). / ORDER OF REFERRAL TO THE MAGISTRATE THIS CAUSE came on before the court upon the court’s own motion and the Court, being duly advised in the premises, it is: ORDERED that this case is referred to General Magistrate DAVID C. FRIEDMAN for further proceedings, pursuant to Rule 1.490(a), Rule 1.490(c), Florida Rules of Civil Procedure, and current Administrative Orders of the Court. This referral is subject to the consent of all parties, pursuant to Rule 1.490(c) of the Florida Rules of Civil Procedure. The Magistrate shall hold such hearings as deemed necessary and shall file, as soon as practicable, a Recommended Order of the General Magistrate. IF REQUIRED BY THE MAGISTRATE, THE ATTORNEYS SHALL PREPARE A RECOMMENDED ORDER OF THE MAGISTRATE. FAILURE TO SUBMIT SAID RECOMMENDED ORDER OF THE MAGISTRATE ON A TIMELY BASIS MAY RESULT IN SANCTIONS BEING IMPOSED BY THE CIRCUIT COURT JUDGE. THIS CASE IS REFERRED TO THE MAGISTRATE on the following issues: {1 All Discovery Motions {1 Motion for Contempt [] Motion for Protective Order [J Motion for Sanctions [] Motion to Transfer Venue {1 Motion to Add/Substitute Parties {] Motion to Withdraw {] Motion to Intervene {] Motions Directed to Pleadings [] Orders to Show Cause [] Motion to Amend Lt] Summary Judgment {] Pretrial Conference t] Motion for Attorney’s Fees/Costs [] Status/Case Management Conference [ ] Trial/Final Judgment [] Motion to Compel Discovery Responses[ ] Motion to Dismiss {] Motion to Strike [x] OTHER: Motion for Final Crossclaim Judgment After Default AND ANY OTHER MATTER RELATED THERETO. IT IS FURTHER ORDERED that the above matter(s) and responses are referred to Magistrate DAVID C. FRIEDMAN for further proceedings, pursuant to the applicable Florida Rules of Procedure and current administrative orders of the court. A time and place shall be assigned for the proceedings as soon as reasonably possible after this referral is made and notice shall be given to each of the parties either by the Magistrate or one or more of the parties. A REFERRAL TO A MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BY A JUDGE. IF YOU DO NOT WANT TO HAVE THIS MATTER HEARD BY THE MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL WITH THE CLERK OF COURT PRIOR TO COMMENCEMENT OF THE HEARING. A COPY OF THE WRITTEN OBJECTION SHALL ALSO BE PROVIDED TO THE CIRCUIT JUDGE ASSIGNED TO THE CASE. FAILURE TO FILE A WRITTEN OBJECTION IS DEEMED TO BE CONSENT TO THE REFERRAL. IF AN OBJECTION IS FILED, THE PARTY OR THE PARTY’S COUNSEL IS ADVISED THAT TO AVOID THE POSSIBLE IMPOSITION OF SANCTIONS, TO FILE SAID OBJECTION BOTH INWRITING AND IN A TIMELY MANNER, WHICH WILL PROMOTE PROFESSIONAL COURTESY AND AVOID UNNECESSARY INCONVENIENCE TO THE COURT AND THE OPPOSING PARTY. The General Magistrate is authorized to administer oaths and conduct hearings, as may be deemed necessary, which may include the taking of evidence. As soon as practicable, the General Magistrate shall file a Report and Recommendation, that contains findings of fact, conclusions of law, and the recommendation as to a ruling by the Court, and shall submit, as may be appropriate, a Recommended Order of General Magistrate. Review of the Report and Recommendation made by the General Magistrate shall be by exceptions filed within 10 days after it is served, as provided in Rule 1.490(h), Florida Rules of Civil Procedure. Any party may file cross-exceptions within 5 days from the service of the exceptions. If no exceptions are timely filed, the Court shall take appropriate action on the report. If exceptions are timely filed, the Court shall resolve the exceptions at a hearing on reasonable notice. Any party filing exceptions will be required to provide the Court with a record sufficient to support the exceptions, or the exceptions may be denied. A record sufficient to support exceptions may require a written transcript of the relevant proceedings. The record shall include the court file, designated portions of the transcript of proceedings before the General Magistrate, and all depositions and evidence presented to the General Magistrate. The designated transcript portions must be delivered to the Court and all other parties at least 48 hours before the hearing. If the party filing exceptions prepares less than a full transcript of the proceeding before the General Magistrate, that party must promptly file a notice designating the portions of the transcript that will be transcribed, and the other parties must be given reasonable time after service of the notice to arrange for the preparation and designation of other portions of the transcript for the Court to consider at the hearing. Though civil proceedings before a Judge are not electronically recorded by the Court, parties are advised that civil proceedings before a Magistrate will be electronically recorded by the Court. However any party may elect to provide a live Court Reporter at that party’s own expense. If a live Court Reporter is provided by either party, requests for transcripts must be submitted to that Court Reporter. If no live Court Reporter is provided by a party, a party may request an electronic certified copy of the proceeding on CD, at that party’s expense, and may then have the recording transcribed, at that party’s expense. Providing the Court with a copy of the CD, instead of a certified written transcript, is insufficient for review of exceptions by the Court. Media request forms, procedures, and fees, and a list of approved Transcriptionists are available on the Court’s website, www.ca.cjis20.org , or by calling the Court’s Electronic Court Reporting Department at 239-252-8800. After conclusion of the proceedings, if exceptions to the Magistrate’s Report are filed, A COPY OF SAME SHALL BE CONTEMPORANEOUSLY SUBMITTED TO THE MAGISTRATE. DONE AND ORDERED in Collier County, Florida this dd day of 2019. Lauren L. Brodie Circuit Court Judge CC: — Service List Attached or list all parties including email address or mailing address (pro se) address Alex R. Figares, Esq. Meredith Anne Peck, Esq. “4 ~ Kyle D. McLaughlin Y 1378 Chesapeake Avenue Ho Naples, FL 34102 $$\\ Baystar Holdings, LLC c/o Kyle D. McLaughlin 2120 River Reach Drive Apt 11 Naples, FL 34104