The lawsuit also requests the disputed properties be placed in a trust to prevent Dorothy Strunk from selling or transferring ownership of other local real estate in which the funeral home claims to have a vested interest. Many major improvements to the facilities have taken place since then. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge McCabe's discovery procedures. Instead, Kopchak claims her comments were made in defense of herself, her siblings and their reputations. Filed by Strunk Funeral Homes, Inc. (Platt Rady, Kayla) (Entered: 11/17/2022), Docket(#17) PAPERLESS Minute Entry for proceedings held before Magistrate Judge Ryon M. McCabe: Settlement Conference held on 11/16/2022. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 3. 1623 North Central Avenue. The family of 93-year-old Kyung Ja Kim has filed a $50 million lawsuit against the Central Funeral Home of New Jersey and Blackley Funeral Home and Cremation Services, Inc. of Ridgefield for putting another woman's body inside of their mother's casket. Relatives of Hermite Mercius, who died in April, said in another lawsuit that they had contracted out Armistead Funeral Services to take her remains. 6. In its lawsuit, Strunk Funeral Homes argues that the disputed properties were jointly owned by the business, because business operations covered the costs of their acquisition, maintenance and capital improvements, as well as expenses such as taxes, insurance and debt service even though the properties were titled in the names of Glenn and Dorothy Strunk. Arthur M. Bruch Jr. For more information, email Judy Davis, at Judyvb32963@gmail.com . 4. Admin. Im tired of her saying untrue things in public. As previously instructed 17 , the parties are to file a joint Motion to Approve the Settlement by December 1, 2022 and the settlement agreement shall contemporaneously be submitted via email (mccabe@flsd.uscourts.gov) so that the Court can review the agreement in camera for fairness. A subscription to PACER is required. He declined to comment on the lawsuit. With respect to attorney's fees, provide the hourly rate sought and the number of hours expended by each person billing time. Marty was born to Patrick and Kathleen . Settlement. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. Appearance shall be in person; telephonic appearance is prohibited. She concludes her defense by claiming: Plaintiff cannot make inflammatory comments to the media, gain widespread public recognition as a member of the local funeral-home business community and then complain when others respond to disagree with him or defend themselves.. 636(c), Magistrate Judge Rule 1(h) of the Local Rules of the Southern District of Florida, and with the consent of the parties, as stated in the Parties' Joint Notice #18 Consenting to United States Magistrate Judge Ryon M. McCabe, the above-captioned cause is referred entirely to United States Magistrate Judge Ryon M. McCabe to take all necessary and proper action as required by law including, if necessary, a jury or nonjury trial and order entry of final judgment. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. The lawsuit also alleges that the conduct of Young, Millennium and Dorothy Strunk threaten interruption of the funeral homes operations, claiming the defendants have threatened to take possession of the funeral homes properties and that such actions would cause irreparable harm to the business. Nothing disclosed in the settlement conference can be used for any purpose except settlement. Parties all agree to consent to U.S. Magistrate Judge jurisdiction. One of the best gifts you can give your family is the gift of a pre-planned funeral. But the funeral home employee reassured Kim that it was her mother and the ceremony continued. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. When Millennium bought the property from Dorothy, there was an assignment of rents, and were claiming they owe more than $300,000 in back rent for the three properties the funeral homes in Vero Beach and Sebastian, and the crematory, said Louis Buck Vocelle, the local attorney representing Young. The parties shall seek extensions of time in a timely fashion. A handful of lawsuits have been filed against Mr. Cleckley, as well as Armistead Burial and Cremation Services, one of the firms that operated out of the funeral home. Theyre also challenging the sale, saying it was fraudulent.. Our Staff | Mr. Cleckley was seen on Tuesday packing belongings into a van outside his funeral home on Utica Avenue, which sits between a Dollar Store and a shop selling lingerie. Visit our funeral home directory for more local information, or see our FAQ page for help with finding obituaries and sending sympathy. Strunk Funeral Home - Sebastian 1623 North Central Avenue Sebastian, Florida 32958 P: 772-589-1000 F: 772-589-2583 Contact Us. The Court will not condone this." 1992) ("If a settlement agreement is filed with the court for approval or interpretation, then the parties must demonstrate extraordinary circumstances in order to deny the public access to the agreement. Pei-Sze Cheng reports. Ala. 2003)). If this case is settled, counsel must inform the Court within three (3) days by calling Chambers. We would love for you to remember a loved one at this year's Service Of Remembrance, hosted live in Sebastian FL, as well as online. VeroNews.com is a great and affordable place to put your advertising message where our advertisers rotate through the site achieving guaranteed exposure. P. 12 by Gary D. Evans. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. Signed by Magistrate Judge Ryon M. McCabe on 11/21/2022. One of the best gifts you can give your family is the gift of a pre-planned funeral. (Morgan, Clive) (Entered: 11/14/2022), (#15) NOTICE by Strunk Funeral Homes, Inc. re #14 Statement, 4 Pretrial Order,,,,,,,,,,,,,,,,,,,,,,,,,, Defendant's Notice of Defenses and Service of Documents (Edwards, Linda) (Entered: 11/10/2022), (#14) Statement of: Claim by Gary D. Evans re #10 Statement (Mills, Christopher) (Entered: 11/04/2022), (#9) NOTICE of Attorney Appearance by Kayla Elizabeth Platt Rady on behalf of Strunk Funeral Homes, Inc.. Attorney Kayla Elizabeth Platt Rady added to party Strunk Funeral Homes, Inc.(pty:dft). Copyright 2018 - 23 Strunk Funeral Homes & Crematory. Authorize the original obituary. Address 1623 N. Central Sebastian, FL 32958 Send Flowers Send sympathy flowers Price $ $$ Website http://strunkfuneralho Phone (772) 589-1000 This Ever Loved listing has not been claimed by an employee of the funeral home yet. The funeral home even dressed the other woman in Kyung Ja's clothing, according to the lawsuit. FORT LEE, New Jersey (WABC) -- A family is . This function has been disabled for Vero News. She sold the properties on which the Strunk businesses operate to Young for $3.1 million in June 2021. If agreed, parties should complete and file the Consent form found on our website. In a lawsuit filed in Circuit Court in Vero Beach last month, Strunk Funeral Homes is asking Judge Janet Croom to "preserve the status quo" by issuing a temporary restraining order and injunction to prohibit the defendants from interfering with the funeral home's operations until the properties' ownership disputes can be legally resolved. P. 12 by Gary D. Evans. 1623 North Central Avenue. Libel lawsuit is the latest twist in Strunk Funeral Home legal drama, 208th Army Band to perform at First Presbyterian, The Octopus Ultra 100-Mile Race is at the ELC, Vero Beach Concert Celebrates Spirit of America June 24, 2023 Hurricane Preparedness Session June 14th, Treasure Coast Food Banks Summer Meals program helps feed children while schools are closed. Martin J. Murphy. ), on Defendant's counsel when counsel for Defendant first appears in the case or at the time of filing if Defendant's counsel has already appeared. The Settlement Conference date may not be extended without prior approval from Magistrate Judge McCabe. Except as provided under Local Rule 16.2.E for public-sector entities, the appearance of counsel and each party, or representatives of each party with full authority to enter into a full and complete compromise and settlement, is mandatory. In order to assist the Court in the management of the case, and in an effort to foster its early and cost effective resolution, the Parties are hereby ordered that: 1. CASE SETTLED IN FULL. All rights reserved, NYPD Commissioner Keechant Sewell stepping down, 20 miles of Summer Streets are coming to NYC this season: what to know, Dozens of Pride flags snapped by vandals at Stonewall National Monument in Manhattan, What's in Trump's indictment? I sued her, personally, and not the Strunk Funeral Home, Young said. (mee) (Entered: 12/01/2022), Docket(#22) Joint MOTION for Approval of Settlement Agreement re 17 Settlement Conference,,,, by Strunk Funeral Homes, Inc.. (Edwards, Linda) (Entered: 12/01/2022), Docket(#21) PAPERLESS ORDER: In light of the settlement reached in this case during the November 16, 2022 settlement conference 17 , the pending Motion to Dismiss #12 is DENIED AS MOOT. According to Rizzuto, one of Williams' daughters reviewed her mother's body a day after she died and told Joseph Slinger-Hasgill, the funeral home director and a defendant in the lawsuit, that the body was not her mother. Mr. Cleckley opened his funeral home in 2015 with his wife and initially built a business serving other local morticians by transporting bodies to them. Instead, a board member asked the Florida Department of Financial Services to investigate the circumstances surrounding the ownership change and the status of the Strunk license. I was trying to help my fellow New Yorkers get through the roughest time in, in the last hundred years, he said. (Digital Zoom Video Recording Start Time: 10:09 a.m) (jb02) (Entered: 11/16/2022), Docket(#16) Plaintiff's RESPONSE to #12 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Gary D. Evans. Kimoya Francis also used Mr. Cleckleys services after her brother died on March 31. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Mr. Cleckley said Tuesday that the bodies found in the trucks had not been under his care, but were the responsibility of the other funeral directors he rented his mortuary out to. VeroNews.com is a great and affordable place to put your advertising message where our advertisers rotate through the site achieving guaranteed exposure. Theyre in the names of Glenn and Dorothy Strunk, and when Glenn died, she owned those properties.. Well take the first step with you! 2. If no settlement is reached, the Parties shall file a Joint Scheduling Report within fourteen (14) days after the Settlement Conference. PURSUANT to 28 U.S.C. (Digital Zoom Video Recording Start Time: 10:09 a.m) (jb02) (Entered: 11/16/2022), (#10) Statement of: Claim by Gary D. Evans (Morgan, Clive) (Entered: 10/27/2022), (#5) PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE RYON M. MCCABE. Young claims in his complaint that Kopchaks social-media post has subjected him to hatred, distrust, ridicule, contempt and disgrace, and that he should be compensated for the mental anguish, torment and humiliation he has suffered as a result. STRUNK FUNERAL HOME, INC. 2101 Northampton St, Easton, PA 610-258-7211 Send flowers. Strunk Funeral Homes and Crematory is proud to be Vero Beach's oldest independent funeral home.Our philosophy is to earn our way every time we're given the opportunity to serve. may be available from PACER. veronews.com. (rfr) (Entered: 10/07/2022), Docket(#4) PAPERLESS NOTICE OF COURT PRACTICE IN FAIR LABOR STANDARDS ACT CASES AND REFERRAL TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. In the lawsuit, Young accuses Strunks daughter, Mary Kopchak, of falsely and maliciously posting defamatory comments about him on a Facebook page titled Indian River County Community Round Up on Nov. 23. Terms of settlement announced on record. It's not her wish she wished everything could be done at the church and say goodbye the proper way to friends and church members.". It is not necessary to file a document indicating lack of consent. According to state records, Glenn Strunks daughter, Mary Kopchak, is the president of Strunk Funeral Homes, having replaced her father on Feb. 24, 2020 two days prior to his death at age 79. Plaintiff shall file a Statement of Claim (the Statement) setting forth the amount of alleged unpaid wages, the calculation of such wages, and the nature of the wages (e.g., overtime or regular) within twenty (20) days from the date of this Notice. MORE NEWS: New York City correction officers charged after attempted suicide at Rikers, * Download the abc7NY app for breaking news alerts Submit a News Tip, Trump en corte federal de Miami el Martes, Search on for man who kicked small dog in Manhattan, NYC food app delivery workers to receive $18 minimum wage bump. Written and curated by real attorneys at Quimbee. (Bond, Linda) (Entered: 10/18/2022), (#7) SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. August 28, 1965 - March 31, 2023 (57 years old) Allentown, Pennsylvania. He is already facing six lawsuits accusing him and other funeral directors who operated out of his mortuary of failing to carry out their duties to handle remains respectfully and lawfully. (rfr)Text Modified on 11/18/2022 (mee). This was crazy. This function has been disabled for Vero News. Unless something changes, the case will be decided in court. In April, neighbors complained of a stench coming out of a U-Haul and a trailer-truck in front of Mr. Cleckleys funeral home. Privacy Policy | Copyright 2023 32963 Media LLC All rights reserved | Contact: info@veronews.com | Vero Beach, Florida, USA | Orlando Web Design by: M5. "They couldn't do open casket for the other family, because she had already started to decay," Kummi said. In addition to general damages, attorneys fees and the cost of the lawsuit, Young is seeking punitive damages from Kopchak to deter her from any such future actions, the suit states. Save! The Brooklyn funeral director says New York failed to help mortuaries struggling with an onslaught of bodies at the height of the pandemic. Obituaries | 772-589-1000. Look at the deeds to the properties. Id rather let the publicly filed papers do the talking, Rollin said, adding, My client doesnt want to litigate any legal or personal matter in the press., Rollin did find it curious that Young included Kopchaks maiden name in the complaint, saying Strunk is not her legal name and questioning why the plaintiff would use it in court document. (mab) (Entered: 10/07/2022), Docket(#5) PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE RYON M. MCCABE. Launched in 2008, VeroNews.com has the largest professional news-gathering staff, and is the leading online source of local news in Vero Beach, Sebastian, Fellsmere, and Indian River County. (Platt Rady, Kayla) (Entered: 10/18/2022), (#8) NOTICE of Attorney Appearance by Linda G. Bond on behalf of Strunk Funeral Homes, Inc.. Attorney Linda G. Bond added to party Strunk Funeral Homes, Inc.(pty:dft). Fla. May 26, 2009) ("'[A] business's general interest in keeping its legal proceedings private does not overcome the presumption of openness' in FLSA cases.") An addition has been made to the chapel, a private arrangements office, and a large parking area are just a few of these. Rent would increase from $6,000 to $12,000 per month, as of the date of the letter. See Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. Named as defendants are Dorothy Strunk, whose husband, Glenn, owned the local funeral home business since 1973, running it for 47 years before he died in February 2020; Young, who purchased the Strunk properties last month for $3.1 million; and Millennium. She states in her court filing, in fact, that she reasonably believed her comments were true when she wrote them and did not intentionally, negligently or maliciously make a false statement in her Facebook post. This function has been disabled for Vero News. His body was not among those found in the trucks, but had been left in the funeral home for about five days in early April. Florida Highwaymen: Meet Hezekiah Baker Jr. at our June Auction. Florida Highwaymen: Meet Hezekiah Baker Jr. at our June Auction. PURSUANT to 28 U.S.C. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe is available to handle any or all proceedings in this case. He was the companion of Penny Fetterman. For more information, email Judy Davis, at Judyvb32963@gmail.com . The Statement shall include all attorney's fees and costs incurred to date. The funeral home had been inundated with bodies, he said, because cemeteries and crematories were overwhelmed. A Ypsilanti crematorium owner filed a $25 million malicious prosecution and discrimination lawsuit last month against Attorney General Dana Nessel. 4. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Defendant shall serve copies of all documents in support thereof on Plaintiff. If agreed, parties should complete and file the Consent form found on our website. Andrew T. Cleckleyis facing six lawsuits that allege that he and other funeral directors failed to carry out their duties to handle remains respectfully and lawfully. Strunk Funeral Homes president responds to libel lawsuit, 208th Army Band to perform at First Presbyterian, The Octopus Ultra 100-Mile Race is at the ELC, Vero Beach Concert Celebrates Spirit of America June 24, 2023 Hurricane Preparedness Session June 14th, Treasure Coast Food Banks Summer Meals program helps feed children while schools are closed. In addition, the lawsuit seeks the voiding of Dorothy Strunks sale of the funeral home property to her nephew, James W. Young Jr., who owns Millennium Funeral Home and Crematory LLC. He was scapegoated for the entire funeral industry, Mr. Osuna said. While the lawsuits stemming from the disputed sale of the Strunk Funeral Home & Crematory properties in Vero Beach and Sebastian crawl through the.
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