Kennedy v. J P R Trusting Enterprise, Inc.
| Kennedy and Patricia Kennedy |
| Kite King's Lake, LLC, Utopia Nail And Spa, Inc., Asian Palace, Inc., J P R Trusting Enterprise, Inc., Kings Lake Hair Design, Inc., The Resch Kids, LLC and Kite King's Lake, LLC a foreign limited liability company doing business as King Lake Square |
| 2:2016cv00132 |
| February 16, 2016 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Broward |
| Sheri Polster Chappell |
| Carol Mirando |
| Civil Rights: Americans with Disabilities - Other |
| Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on December 5, 2016. A more recent docket listing may be available from PACER.
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| Filing 69 JUDGMENT (Signed by Deputy Clerk) (SPB) |
Filing 68
ENDORSED ORDER On October 3, 2016, the Court administratively closed this case as it applied to Defendant JPR Trusting Enterprise, Inc. for thirty (30) days to allow the parties to submit final documents. (Doc. #58). No stipulated form of final judgment has been submitted, and the time to do so has expired. Notably, all other parties have been dismissed from this case with prejudice. Accordingly, the Court ORDERS the Clerk of Court to enter judgment dismissing the case with prejudice and close the file. Signed by Judge Sheri Polster Chappell on 12/2/2016. (RPF)
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| Filing 67 JUDGMENT as to Asian Palace, Inc. (Signed by Deputy Clerk) (drn) |
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Filing 66
ENDORSED ORDER This matter comes before the Court on the Plaintiff's Notice of Dismissal as to Defendant, Asian Palace, Inc., only, (Doc. #65) filed on November 4, 2016. Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Here, plaintiff has filed its Notice of Dismissal of all claims against the Defendant, Asian Palace, Inc. prior to service of an Answer. Accordingly, all claims against Defendant Asian Palace, Inc. are DISMISSED with prejudice, and the Clerk of Court is directed to enter judgment as such. The claims asserted against the other Defendants remain active. The Clerk of Court is directed to terminate Defendant Asian Palace, Inc. from this action. Signed by Judge Sheri Polster Chappell on 11/7/2016. (RPF)
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| Filing 65 NOTICE of voluntary dismissal by Patricia Kennedy (Finesilver, Aaron) |
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Filing 64
ORDER. Kennedy's claims against Utopia Nail and Spa, Inc. and Kings Lake Hair Design, Inc. are hereby DISMISSED without prejudice for failure to effectuate timely service. The claims against the other defendants remain active. The Clerk of Court is directed to terminate Defendants Utopia Nail and Spa, Inc. and Kinds Lake Hair Design, Inc. from this action. Signed by Judge Sheri Polster Chappell on 10/7/2016. (LMF)
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| Filing 63 RESPONSE re #56 Order pdf Repy to Order to Show Cause filed by J P R Trusting Enterprise, Inc.. (Donnelly, Bradley) |
| Filing 62 RESPONSE re #56 Order pdf filed by Patricia Kennedy. (Finesilver, Aaron) |
| Filing 61 RESPONSE TO ORDER TO SHOW CAUSE re #56 Order pdf filed by The Resch Kids, LLC. (Traficante, Michael) |
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Filing 60
ENDORSED ORDER This matter comes before the Court on the Plaintiff's Notice of Settlement (Doc. #59) filed on October 3, 2016. As the Plaintiff has fully resolved all claims asserted in this action against Defendant Asian Palace, Inc., it is ORDERED that all claims against Asian Palace, Inc. in this case are DISMISSED without prejudice. See M.D. Fla. R. 3.08(b). This Order of Dismissal is subject to the right of any party, within thirty (30) days from the date of this Order, to file a stipulated form of final judgment or request an extension of time to do so, or for any party to move to reopen the case upon a showing of good cause. See M.D. Fla. R. 3.08(b). Once the thirty-day period expires, this dismissal shall be deemed with prejudice. The claims asserted against other Defendants remain active. Additionally, until further directed, the Clerk of Court is directed to disregard the Court's directive in (Doc. #58) to enter judgment and terminate JPR Trusting Enterprise, Inc. as a party. Signed by Judge Sheri Polster Chappell on 10/3/2016. (RPF)
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| Filing 59 NOTICE of settlement as to Asian Palace, Inc. by Patricia Kennedy (Finesilver, Aaron) |
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Filing 58
ENDORSED ORDER This matter comes before the Court on the Plaintiff's Notice of Settlement (Doc. #57) filed on October 3, 2016. As the Plaintiff has fully resolved all claims asserted in this action against Defendant JPR Trusting Enterprise, Inc., it is ORDERED that all claims against JPR Trusting Enterprise, Inc. in this case are DISMISSED without prejudice, and the Clerk of Court is directed to enter judgment as such. See M.D. Fla. R. 3.08(b). See This Order of Dismissal is subject to the right of any party, within thirty (30) days from the date of this Order, to file a stipulated form of final judgment or request an extension of time to do so, or for any party to move to reopen the case upon a showing of good cause. See M.D. Fla. R. 3.08(b). Once the thirty-day period expires, this dismissal shall be deemed with prejudice without further order. The claims asserted against other Defendants remain active. The Clerk of Court is directed to terminate Defendant JPR Trusting Enterprise, Inc. from this action. Signed by Judge Sheri Polster Chappell on 10/3/2016. (RPF)
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| Filing 57 NOTICE of settlement as to J P R Trusting Enterprise, Inc. by Patricia Kennedy (Finesilver, Aaron) |
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Filing 56
ORDER. The parties are ORDERED TO SHOW CAUSE in writing, on or before October 5, 2016, why they failed to comply with the Court's Case Management and Scheduling Order by failing to submit a mediation report. In addition, Plaintiff is ORDERED TO SHOW CAUSE in writing, on or before October 5, 2016, why her claim against (1) against Utopia and King's Lake should not be dismissed for failure to effectuate service of process; and (2) Asian Palace should not be dismissed for failure to prosecute. Signed by Judge Sheri Polster Chappell on 9/30/2016. (CMC)
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| Filing 55 JUDGMENT as to The Resch Kids, LLC (Signed by Deputy Clerk) (drn) |
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Filing 54
ENDORSED ORDER This matter comes before the Court on the parties' Stipulation for Order of Dismissal of Amended Complaint as to Defendant, the Resch Kids, LLC, only, with Prejudice (Doc. #53) filed on August 16, 2016. Federal Rule of Civil Procedure 41(a)(2) provides that upon Plaintiff's request, a Court may dismiss an action on terms it considers proper. Here, the parties stipulate to dismissing all claims against the Defendant, the Resch Kids, LLC with prejudice. Accordingly, all claims against Defendant the Resch Kids, LLC are DISMISSED with prejudice, and the Clerk of Court is directed to enter judgment as such. The claims asserted against the other Defendants remain active. The Clerk of Court is directed to terminate Defendant the Resch Kids, LLC from this action. Signed by Judge Sheri Polster Chappell on 8/17/2016. (RPF)
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| Filing 53 STIPULATION of Dismissal as to Resch Kids LLC by Patricia Kennedy. (Finesilver, Aaron) |
| Filing 52 Clerk's ENTRY OF DEFAULT as to Asian Palace, Inc. (SLU) |
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Filing 51
ORDER granting in part and denying in part #50 Motion for Clerk's Entry of Default. The Clerk is directed to enter a Clerk's Default against Defendant Asian Palace, Inc. Signed by Magistrate Judge Carol Mirando on 7/7/2016. (LS) (LS).
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| Filing 50 MOTION for entry of clerk's default against Asian Palace, Inc., Utopia Nail And Spa, Inc. by Patricia Kennedy. (Finesilver, Aaron) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 49 DEFENDANT J P R Trusting Enterprise, Inc.'s initial disclosures by J P R Trusting Enterprise, Inc.. (Donnelly, Bradley) Modified on 6/3/2016 to edit docket text (drn). |
| Filing 48 RETURN of service executed on 2/29/2016 by Patricia Kennedy as to Utopia Nail And Spa, Inc.. (Finesilver, Aaron) |
| Filing 47 RETURN of service executed on 3/7/16 by Patricia Kennedy as to Asian Palace, Inc.. (Finesilver, Aaron) |
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Filing 46
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 7/1/2016, Discovery due by 10/14/2016, Dispositive motions due by 11/4/2016, Pretrial statement due by 2/3/2017, All other motions due by 2/3/2017, Plaintiff disclosure of expert report due by 8/1/2016, Defendant disclosure of expert report due by 9/12/2016, Final Pretrial Conference set for 2/24/2017 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Bench Trial term set for 3/6/2017 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell., Conduct mediation hearing by 7/29/2016. Lead counsel to coordinate dates. Signed by Magistrate Judge Carol Mirando on 5/18/2016. (WRW)
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| Filing 45 Minute Entry. Proceedings held before Magistrate Judge Carol Mirando: PRELIMINARY PRETRIAL CONFERENCE held on 5/17/2016. (DIGITAL) (WRW) |
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Filing 44
ORDER TAKING NO FURTHER ACTION ON Order to Show Cause. Signed by Magistrate Judge Carol Mirando on 5/12/2016. (WRW)
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| Filing 43 NOTICE of hearing: Preliminary Pretrial Conference set for 5/17/2016 at 01:30 PM in Ft. Myers Courtroom 6 B before Magistrate Judge Carol Mirando. (WRW) |
| Filing 42 CASE MANAGEMENT REPORT. (Finesilver, Aaron) |
| Filing 41 ANSWER and affirmative defenses to #24 Amended Complaint by J P R Trusting Enterprise, Inc..(DeMarco, Robert) |
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Filing 40
ENDORSED ORDER granting #39 Plaintiff's Unopposed Motion to Allow Lead Counsel to Meet and Confer by Telephone for Purposes of Preparing the Case Management Report. The parties may conduct their case management conference telephonically. Signed by Magistrate Judge Carol Mirando on 5/4/2016. (LS)
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| Filing 39 UNOPPOSED MOTION to Appear Telephonically for Case Management Conference by Patricia Kennedy. (Finesilver, Aaron) Motions referred to Magistrate Judge Carol Mirando. Modified on 5/4/2016 to edit docket text (SLU). |
| Filing 38 CERTIFICATE of interested persons and corporate disclosure statement re #33 Interested persons order by J P R Trusting Enterprise, Inc.. (DeMarco, Robert) |
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Filing 37
ORDER to show cause as to why Case Management Report has not been filed as to Asian Palace, Inc., J P R Trusting Enterprise, Inc., Patricia Kennedy, Kings Lake Hair Design, Inc., Kite King's Lake, LLC, The Resch Kids, LLC, Utopia Nail And Spa, Inc. Show Cause Response due by 5/5/2016 Signed by Magistrate Judge Carol Mirando on 5/2/2016. (WRW)
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| Filing 36 NOTICE canceling Preliminary Pretrial Conference hearing scheduled for 5/3/16 @ 11:30 a.m. Written order to follow. (WRW) |
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Filing 35
ENDORSED ORDER granting #32 Defendant JPR Trusting Enterprise, Inc.'s Unopposed Motion for Extension of Time to Respond to Amended Complaint. For good cause and because the motion is unopposed, JPR Trusting Enterprise, Inc. shall have up to and including May 4, 2016 to file a response to Plaintiff's Amended Complaint. Signed by Magistrate Judge Carol Mirando on 4/22/2016. (LS)
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| Filing 34 ANSWER and affirmative defenses to #24 Amended Complaint by The Resch Kids, LLC.(Traficante, Michael) |
| Filing 33 INTERESTED PERSONS ORDER as to J P R Trusting Enterprise, Inc. Certificate of interested persons and corporate disclosure statement due by 5/5/2016. Signed by All Divisional Judges on 4/21/2016. (drn) |
| Filing 32 First MOTION to extend time to Respond to Amended Complaint by J P R Trusting Enterprise, Inc.. (DeMarco, Robert) Motions referred to Magistrate Judge Carol Mirando. |
| Filing 31 JUDGMENT as to Kite King's Lake, LLC (Signed by Deputy Clerk) (drn) |
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Filing 30
ENDORSED ORDER. This matter comes before the Court on Plaintiff Patricia Kennedy's Voluntary Dismissal (Doc. #27), as to Defendant Kite King's Lake, LLC only, filed on April 13, 2016. Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party serves either an answer or a motion for summary judgment. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Therefore, in compliance with Rule 41(a), this action is DISMISSED without prejudice as to Defendant Kite King's Lake, LLC only. The claims asserted against the other Defendants remain active. The Clerk of the Court is directed to terminate Defendant Kite King's Lake, LLC from this action. Signed by Judge Sheri Polster Chappell on 4/15/2016. (EMK)
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| Filing 29 Case reassigned to Judge Sheri Polster Chappell. New case number: 2:16-cv-132-FtM-38CM. Judge Unassigned Judge no longer assigned to the case. (laf) |
| Filing 28 NOTICE of hearing: Preliminary Pretrial Conference set for 5/3/2016 at 11:30 AM in Ft. Myers Courtroom 6 B before Magistrate Judge Carol Mirando. (WRW) |
| Filing 27 NOTICE of voluntary dismissal by Patricia Kennedy (Bacon, Thomas) |
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Filing 26
ORDER denying as moot #16 Defendant, The Resch Kids, LLC's Motion for Extension of Time to File a Response to Complaint. See Order for details. Signed by Magistrate Judge Carol Mirando on 4/13/2016. (LS)
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Filing 25
ENDORSED ORDER. On April 7, 2016, Plaintiff Patricia Kennedy filed an Amended Complaint (Doc. #24). Therefore, Defendant J P R Trusting Enterprise, Inc.'s Motion to Dismiss (Doc. #18) is DENIED as moot. Signed by Judge Sheri Polster Chappell on 4/8/2016. (EMK)
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| Filing 24 AMENDED COMPLAINT against All Defendants filed by Patricia Kennedy.(Finesilver, Aaron) |
| Filing 23 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by The Resch Kids, LLC. Related case(s): no (Traficante, Michael) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #17 Interested persons order by The Resch Kids, LLC. (Traficante, Michael) |
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Filing 21
ENDORSED ORDER granting #20 Second Unopposed Motion for Extension of Time to Respond to Complaint and Incorporated Memorandum of Law. For good cause shown and because the motion is unopposed, Defendant, Kite King's Lake, LLC d/b/a King Lake Square, shall have up to and including April 13, 2016 to respond to Plaintiff's complaint. Signed by Magistrate Judge Carol Mirando on 3/31/2016. (LS)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Kite King's Lake, LLC. (Blair, Brian) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #10 Interested persons order by Kite King's Lake, LLC. (Blair, Brian) |
| Filing 18 First MOTION to Dismiss Complaint or for More Definite Statement by J P R Trusting Enterprise, Inc.. (DeMarco, Robert) |
| Filing 17 INTERESTED PERSONS ORDER as to The Resch Kids, LLC. Certificate of interested persons and corporate disclosure statement due by 4/6/2016. Signed by All Divisional Judges on 3/23/2016. (drn) |
| Filing 16 MOTION for Extension of Time to File Answer by The Resch Kids, LLC. (Fridkin, Jeffrey) Motions referred to Magistrate Judge Carol Mirando. |
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Filing 15
ENDORSED ORDER granting #13 Unopposed Motion for Extension of Time to Respond to Complaint and Incorporated Memorandum of Law. Defendant Kite King's Lake LLC d/b/a King Lake Square shall have up to and including March 30, 2016 to file a response to Plaintiff's Complaint. Signed by Magistrate Judge Carol Mirando on 3/17/2016. (LS)
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| Filing 14 INTERESTED PERSONS ORDER as to Kite King's Lake, LLC Certificate of interested persons and corporate disclosure statement due by 3/30/2016. Signed by All Divisional Judges on 3/16/2016. (drn) |
| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Kite King's Lake, LLC. (Blair, Brian) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #10 Interested persons order by Patricia Kennedy. (Finesilver, Aaron) |
| Filing 11 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by Patricia Kennedy. Related case(s): no (Finesilver, Aaron) |
| Filing 10 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 3/4/2016. Signed by All Divisional Judges on 2/19/2016. (WRW) |
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Filing 9
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 3/4/2016. Signed by Judge Sheri Polster Chappell on 2/19/2016. (WRW)
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| Filing 8 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 2/18/2016. (drn) |
| Filing 7 SUMMONS issued as to Utopia Nail And Spa, Inc. (drn) |
| Filing 6 SUMMONS issued as to The Resch Kids, LLC. (drn) |
| Filing 5 SUMMONS issued as to Kite King's Lake, LLC. (drn) |
| Filing 4 SUMMONS issued as to Kings Lake Hair Design, Inc. (drn) |
| Filing 3 SUMMONS issued as to J P R Trusting Enterprise, Inc. (drn) |
| Filing 2 SUMMONS issued as to Asian Palace, Inc.. (drn) |
| Filing 1 COMPLAINT against Asian Palace, Inc., J P R Trusting Enterprise, Inc., Kings Lake Hair Design, Inc., Kite King's Lake, LLC, The Resch Kids, LLC, Utopia Nail And Spa, Inc. (Filing fee $ 400 receipt number FtM008917) filed by Patricia Kennedy. (Attachments: #1 Civil Cover Sheet)(drn) |
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