CS Business Systems, Inc. et al v. Schar et al

Filing 61

ORDER granting #58 Defendant Michael J. Ryan's unopposed motion to deem his notice of adoption and joinder #53 timely filed and granting #59 Ryan's motion for authorization to use the CM/ECF filing system. Signed by Magistrate Judge Philip R. Lammens on 4/25/2017. (CAB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CS BUSINESS SYSTEMS, INC., JAMES
L. SHELTON, VIRGINIA L. SHELTON,
BRAD HECKENBERG, LANA C.
HECKENBERG, PJS RENTAL, LLC,
WON Y. SHIN TRUST, WON Y. SHIN,
BART
SUTHERIN,
KATHRYN
SUTHERIN and ITZ GROUP, LLC, a
foreign for-profit corporation
Plaintiffs,
v.

Case No: 5:17-cv-86-Oc-PGBPRL

DWIGHT C. SCHAR, PAUL E.
SIMONSON,
DCS
INVESTMENTS
HOLDINGS GP, LLC, DCS REAL
ESTATE INVESTMENTS, LLC, DCS
REAL ESTATE INVESTMENTS I, LLC,
DCS REAL ESTATE INVESTMENTS II,
LLC,
DCS
REAL
ESTATE
INVESTMENTS III, LLC, DCS REAL
ESTATE INVESTMENTS IV, LLC, DCS
REAL ESTATE INVESTMENTS IV-A,
LLC,
DCS
REAL
ESTATE
INVESTMENTS V, LLC, BELLA
COLLINA
PROPERTY
OWNERS
ASSOC., INC., DAVID BURMAN,
AEGIS COMMUNITY MANAGEMENT
SOLUTIONS, INC., RANDALL F.
GREENE, KEITH CLARKE, PAUL
LEBREUX, RICHARD C. ARRIGHI,
JAMES D. RYAN, MICHAEL J. RYAN,
THE RYAN LAW GROUP, LLC,
CULLEN D’AMBROSIO, ROCKING
RED H, LLC, RICKY L. SCHARICH and
BELLA COLLINA TOWERS, LLC
Defendants.

ORDER
Before the Court is the unopposed motion of pro se Defendant Michael J. Ryan, Esq., to
deem as timely filed his notice of adoption and joinder of another defendant’s motion to dismiss
(Doc. 58) and his motion seeking authorization to use the CM/ECF filing system (Doc. 59).
As to his notice of adoption and joinder (Doc. 53) of Defendants Bella Collina Property
Owners Assoc., Inc., David Burman, Aegis Community Management Solutions, Inc., Randall F.
Greene, Keith Clarke, and Paul Lebreux’s motion to dismiss (Doc. 48), Ryan submits that his
notice was untimely filed. (Doc. 58). He explains the delay like this: he had assumed that he
already had authorization to electronically docket his filings but that assumption was wrong; thus
he had to mail his notice to the clerk—a process that, of course, took much longer than electronic
submission and resulted in the notice being filed after the applicable deadline.

Upon due

consideration, pro se Defendant Ryan’s unopposed motion to deem his notice of adoption and
joinder timely filed (Doc. 58) is GRANTED.
As to Ryan’s motion to use the CM/ECF filing system, he represents that he has been a
member in good standing in the Southern District of Florida since 1976 and is familiar with the
federal ECF system. Accordingly, Ryan’s motion for authorization to use the CM/ECF filing
system (Doc. 59) is also GRANTED. See MIDDLE DISTRICT ADMINISTRATIVE PROCEDURES FOR
ELECTRONIC FILING, at II.A.2. (June 5, 2015) (“A pro se litigant (i.e., an individual proceeding
without legal representation) is not permitted to file electronically, absent authorization by the
Court.”).

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DONE and ORDERED in Ocala, Florida on April 25, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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