Lau v. PR Mercato LLC et al
| David Christopher Lau |
| PR Mercato LLC, Toney R Hannon, Dylan T Glass, Ullee Louis and Blue Martini Naples, Inc |
| 2:2025cv01131 |
| December 4, 2025 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| Both |
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This docket was last retrieved on May 26, 2026. A more recent docket listing may be available from PACER.
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Filing 66
ORDERED: Blue Martini Naples Inc.'s motion to dismiss (Doc. #38) and Defendant PR Mercato LLC's amended motion to dismiss (Doc. #52) are GRANTED. Counts I, II, III, IV, VIII, IX, X, and XI of Plaintiff's Complaint (Doc. #1) are DISMISSED without prejudice as to Defendants Blue Martini Naples Inc. and PR Mercato LLC. Plaintiff may file an amended complaint on or before June 16, 2026. Failure to do so will result in dismissal of the complaint without further notice. Signed by Judge Sheri Polster Chappell on 5/26/2026. (AEH)
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Filing 65
TEXT ORDER: Defendant Blue Martini Naples, Inc. filed a notice of service of Rule 26(a)(1) initial disclosures. But discovery notices shall not be filed with the court as a matter of course. Fed. R. Civ. P. 5(d)(1)(A). As such, the notice is deemed stricken, and the clerk is directed to delete the PDF file (Doc. 64) from the CM/ECF docket. Signed by Magistrate Judge Nicholas P. Mizell on 4/16/2026. (TLP)
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| Filing 64 ***STRICKEN per Order 65- NOTICE by Blue Martini Naples, Inc of Service of Rule 26 Initial Disclosures (Della Fera, Richard) Modified text and deleted PDF on 4/16/2026 (MGB). |
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Filing 62
TEXT ORDER directing compliance. During the March 24, 2026 Rule 16 conference, the court granted the parties two additional weeks to file a notice of selection of mediator. (Doc. 57). However, the parties failed to do so. The parties must promptly file their notice, or by April 22, 2026, show cause they should not be sanctioned for noncompliance. Signed by Magistrate Judge Nicholas P. Mizell on 4/8/2026. (TLP)
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| Filing 61 NOTICE OF SELECTION of Bob Shearman, Esquire as mediator by Dylan T Glass, Toney R Hannon. (Jolly, Andrew) |
| Filing 60 CASE REFERRED to Mediation. (ARL) |
| Filing 59 CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 4/30/2027 Final Pretrial Conference set for 10/29/2027 at 09:30 AM before Judge Sheri Polster Chappell Jury Trial term 11/1/2027 at 09:00 AM before Judge Sheri Polster Chappell Conduct mediation hearing by 4/9/2027. Lead counsel to coordinate dates. Signed by All Divisional Judges on 3/27/2026. (WRW) |
| Filing 58 Minute Entry. ZOOM Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 57 Motion for Extension of Time to File Notice of selection of mediator; Rule 16(b) Conference held on 3/24/2026. (digital) (WRW) |
| Filing 57 JOINT ORAL MOTION for Extension of Time to File Notice of selection of mediator. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 56 NOTICE of compliance re 55 Notice to Counsel of Local Rule by PR Mercato LLC (Levy, Alcyone) |
| Filing 55 NOTICE TO COUNSEL Alcyone Levy, Sander Weiner of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (LJC) |
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Filing 54
ENDORSED ORDER. Defendant PR Mercato LLC filed two motions to dismiss the complaint. (Docs. #49, #52). Plaintiff David Lau responded to the second motion. (Doc. #53). Because these motions use identical language and seek the same relief, the Court denies the earlier filed motion (Doc. #49) as moot. Signed by Judge Sheri Polster Chappell on 3/18/2026. (SAP) Modified on 3/23/2026 (SAP).
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| Filing 53 RESPONSE in Opposition re #52 Amended MOTION to Dismiss Plaintiff's Complaint filed by David Christopher Lau. (Attachments: #1 Exhibit 1)(Fraguio, David) Modified on 3/18/2026 as to docket text (LJC). |
| Filing 52 Amended MOTION to Dismiss by PR Mercato LLC. (Weiner, Sander) Modified on 3/18/2026 as to docket text (LJC). |
| Filing 51 CASE MANAGEMENT REPORT. (Jolly, Andrew) |
| Filing 50 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Rule 16(b) Conference scheduled for 3/24/2026 at 11:00 AM is rescheduled. New hearing time: Rule 16(b) Conference set for 3/24/2026 at 10:15 AM via Zoom Video Conference before Magistrate Judge Nicholas P. Mizell. Mizell Chambers is inviting you to a scheduled ZoomGov meeting.Join ZoomGov Meeting - https://www.zoomgov.com/j/1613380231?pwd=YPoJ7ldpH2LmGWxLAYz1hYTf8pzTK4.1 - Meeting ID: 161 338 0231 - Passcode: 971528 - Dial by your location* +1 669 254 5252 US (San Jose)* +1 646 828 7666 US (New York)(WRW) |
| Filing 49 Amended MOTION to Dismiss by PR Mercato LLC. (Levy, Alcyone) |
| Filing 48 NOTICE of Lead Counsel Designation by Ryan Dennis Schoeb on behalf of PR Mercato LLC. Lead Counsel: Ryan D. Schoeb, Esq. (Schoeb, Ryan) |
| Filing 47 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by PR Mercato LLC. (Levy, Alcyone) |
| Filing 46 NOTICE of a related action per Local Rule 1.07(c) by PR Mercato LLC. Related case(s): No (Levy, Alcyone) |
| Filing 45 NOTICE of Appearance by Alcyone Levy on behalf of PR Mercato LLC (Levy, Alcyone) |
| Filing 43 RESPONSE in Opposition re #38 Amended MOTION to Dismiss for Failure to State a Claim (to include Local Rule 3.01(g) certiifcate) filed by David Christopher Lau. (Attachments: #1 Exhibit Exhibit 1)(Fraguio, David) |
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Filing 41
ENDORSED ORDER granting #39 plaintiff's unopposed motion to conduct Rule 16(b) conference remotely. The Rule 16 conference will be conducted by videoconference. The court will issue directions for the videoconference by separate notice. The date and time for the conference otherwise remain the same. Signed by Magistrate Judge Nicholas P. Mizell on 2/10/2026. (TLP)
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| Filing 40 NOTICE of a related action per Local Rule 1.07(c) by David Christopher Lau. Related case(s): No (Fraguio, David) |
| Filing 39 Unopposed MOTION for Miscellaneous Relief, specifically Unopposed Motion Requesting to Conduct Rule 16b Case Management Conference via videoconference by David Christopher Lau. (Fraguio, David) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 38 Amended MOTION to Dismiss for Failure to State a Claim (to include Local Rule 3.01(g) certiifcate) by Blue Martini Naples, Inc. (Della Fera, Richard) |
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Filing 37
ENDORSED ORDER denying without prejudice Defendant Blue Martini Naples, Inc.'s Motion to Dismiss for Failure to State a Claim (Doc. #36) for failure to include a compliant Local Rule 3.01(g) Certification. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 2/5/2026. (SAP)
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| Filing 36 MOTION to Dismiss for Failure to State a Claim by Blue Martini Naples, Inc. (Della Fera, Richard) |
| Filing 35 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Blue Martini Naples, Inc. (Della Fera, Richard) |
| Filing 34 NOTICE of Appearance by Richard F. Della Fera on behalf of Blue Martini Naples, Inc (Della Fera, Richard) |
| Filing 33 NOTICE of hearing: IN PERSON Rule 16(b) Conference set for 3/24/2026 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. A case management report to be filed by 3/16/2026. (WRW) |
| Filing 32 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Dylan T Glass, Toney R Hannon.(Jolly, Andrew) |
| Filing 31 RESPONSE TO ORDER TO SHOW CAUSE re 29 Order filed by Ullee Louis. (LAW) |
| Filing 30 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Ullee Louis. (LAW) |
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Filing 29
TEXT ORDER: Because defendant Ullee Louis failed to file his Local Rule 3.03 disclosure statement with his initial appearance, the court entered an order compelling him to do so and even provided a direct link to the proper form. (Doc. 19). Nevertheless, Louis did not comply. He must promptly file his disclosure statement, or by February 9, 2026, show cause why he should not be sanctioned for noncompliance. Signed by Magistrate Judge Nicholas P. Mizell on 1/26/2026. (TLP)
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| Filing 27 NOTICE TO COUNSEL Theodore C. Bilirakis of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JOS) |
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Filing 26
TEXT ORDER: Local Rule 3.03 requires that, with the first appearance, each party must file a disclosure statement using the standard form from the clerk or the court's website. Defendant PR Mercato LLC failed to do so. By January 27, 2026, PR Mercato must file its disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/local-rules/rule-303-disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 1/20/2026. (TLP)
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Filing 25
ENDORSED ORDER denying without prejudice Defendant PR Mercato LLC's Motion to Dismiss (Doc. #24) for failure to include a compliant Local Rule 3.01(g) Certification. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 1/20/2026. (SAP)
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| Filing 24 MOTION to Dismiss by PR Mercato LLC. (Weiner, Sander) |
| Filing 23 NOTICE of Appearance by Sander Weiner on behalf of PR Mercato LLC (Weiner, Sander) |
| Filing 22 NOTICE of Lead Counsel Designation by David M Fraguio on behalf of David Christopher Lau. Lead Counsel: David M. Fraguio. (Fraguio, David) |
| Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Dylan T Glass, Toney R Hannon. Related case(s): Yes (Jolly, Andrew) |
| Filing 20 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Dylan T Glass, Toney R Hannon. (Jolly, Andrew) |
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Filing 19
TEXT ORDER: Local Rule 3.03 requires that, with the first appearance, each party must file a disclosure statement using the standard form from the clerk or the court's website. Defendant Ullee Louis failed to do so. By January 23, 2026, Louis must file his disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/local-rules/rule-303-disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 1/9/2026. (TLP)
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Filing 18
TEXT ORDER directing the clerk to add defendant Ullee Louis's email address to the docket ([email protected]). All future notices of electronic filing will be sent to this email address. Louis must continually monitor this email account. The Clerk will no longer mail paper copies of our orders or notices to Louis. Plaintiff's and other defendants' filings will also be served on Louis via the CM/ECF system. Louis is cautioned that he cannot solely rely on the "docket text" in the notice of electronic filing, which, in many instances, is merely a summary of a court order. Instead, if a linked numeral follows the "document number" in the emailed notice from the court, then Louis must click on the link--which is only active for fifteen days--to obtain and review the court's order. Louis must immediately notify the court of any change in email address and promptly respond to notices of electronic filing as appropriate. Failure to do so may result in dismissal without further notice. Signed by Magistrate Judge Nicholas P. Mizell on 1/9/2026. (TLP)
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| Filing 17 ANSWER and affirmative defenses to #1 Complaint, with Jury Demand by Ullee Louis.(LAW) |
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Filing 16
TEXT ORDER: Local Rule 3.03 requires that, with the first appearance, each party must file a disclosure statement using the standard form from the clerk or the court's website. Defendants Torney R. Hannon and Dylan T. Glass failed to do so. By January 15, 2026, defendants Hannon and Glass must file their disclosure statements using the standard form, which can be found at: https://www.flmd.uscourts.gov/local-rules/rule-303-disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 1/8/2026. (TLP)
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Filing 15
ENDORSED ORDER granting #14 defendants Toney R. Hannon and Dylan T. Glass's unopposed motion for extension of time to respond. By January 28, 2026, Hannon and Glass must respond to the complaint. Signed by Magistrate Judge Nicholas P. Mizell on 1/8/2026. (TLP)
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Dylan T Glass, Toney R Hannon. (Jolly, Andrew) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 13 NOTICE of Lead Counsel Designation by Andrew Jolly on behalf of Dylan T Glass, Toney R Hannon. Lead Counsel: Andrew W. Jolly. (Jolly, Andrew) |
| Filing 12 NOTICE of Appearance by Andrew Jolly on behalf of Dylan T Glass, Toney R Hannon (Jolly, Andrew) Modified on 1/7/2026 to link to correct defendant (LSS). |
| Filing 11 RETURN of service executed on 12/23/2025 by David Christopher Lau as to Blue Martini Naples, Inc. (Fraguio, David) |
| Filing 10 RETURN of service executed on 12/11/2025 by David Christopher Lau as to PR Mercato LLC. (Fraguio, David) |
| Filing 9 RETURN of service executed on 12/17/2025 by David Christopher Lau as to Toney R Hannon. (Fraguio, David) |
| Filing 8 RETURN of service executed on 12/17/2025 by David Christopher Lau as to Dylan T Glass. (Fraguio, David) |
| Filing 7 RETURN of service executed on 12/18/2025 by David Christopher Lau as to Ullee Louis. (Fraguio, David) |
| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 12/18/2025. (WRW) |
| Filing 5 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by David Christopher Lau. (Fraguio, David) |
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Filing 4
TEXT ORDER: Local Rule 3.03 requires that, with the first appearance, each party must file a disclosure statement using the standard form from the clerk or the court's website. Plaintiff failed to do so. By December 15, 2025, plaintiff must file his disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/local-rules/rule-303-disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 12/8/2025. (TLP)
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| Filing 3 SUMMONS issued as to Blue Martini Naples, Inc, Dylan T Glass, Toney R Hannon, Ullee Louis, PR Mercato LLC. (MGB) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-1131-SPC-NPM. (ARL) |
| Filing 1 COMPLAINT against Blue Martini Naples, Inc., Dylan T Glass, Toney R Hannon, Ullee Louis, PR Mercato LLC with Jury Demand (Filing fee $405 receipt number AFLMDC-24193763) filed by David Christopher Lau. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons)(Fraguio, David) Modified text on 12/5/2025 (MGB). |
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