Crimson 1031 Portfolio, LLC v. Southeastern Grocers, LLC
| Crimson 1031 Portfolio, llc |
| Southeastern Grocers, LLC |
| Southeastern Grocers, LLC |
| Crimson 1031 Portfolio, llc |
| 5:2026cv00301 |
| April 27, 2026 |
| U.S. District Court for the Middle District of Florida |
| Philip R Lammens |
| Anne-Leigh Gaylord Moe |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 15, 2026. A more recent docket listing may be available from PACER.
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| Filing 21 NOTICE of compliance re #18 Standing Order Certificate of Compliance with Rule 11 by Crimson 1031 Portfolio, LLC (Kinni, Bradley) |
| Filing 20 CASE MANAGEMENT REPORT. (Kinni, Bradley) |
| Filing 19 CERTIFICATE of compliance re #18 Standing Order by Southeastern Grocers, LLC. (Hall, William) |
Filing 18
STANDING ORDER REQUIRING DISCLOSURE OF THE USE OF ARTIFICIAL INTELLIGENCE. Signed by Judge Anne-Leigh Gaylord Moe on 6/4/2026. (RMF)
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| Filing 17 Plaintiff/Counter-Defendant's REPLY to #14 Counterclaim and Affirmative Defenses to Defendant/Counter-Plaintiff's Counterclaims by Crimson 1031 Portfolio, LLC.(Kinni, Bradley) |
| Filing 16 REGISTRY MONIES received by Crimson 1031 Portfolio, LLC in the amount of $5,000.00; Receipt #ORL118792. (WLB) |
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Filing 15
AMENDED ORDER on Plaintiff's Motion for Temporary Restraining Order #6. The motion is granted in part and denied in part for the reasons stated herein. See Order for further details. Signed by Judge Anne-Leigh Gaylord Moe on 5/28/2026. (TAH)
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| Filing 14 ANSWER and affirmative defenses to Complaint , COUNTERCLAIM against Crimson 1031 Portfolio, LLC by Southeastern Grocers, LLC. (Attachments: #1 Exhibit Lease, #2 Exhibit Assignment Agreement, #3 Exhibit Request for Consent for Renovations)(Hall, William) |
| Filing 13 CERTIFICATE of compliance re #7 Standing Order by Southeastern Grocers, LLC. (Hall, William) |
| Filing 12 NOTICE of mediation conference/hearing to be held on May 22, 2026 at 9 a.m. before Bradford D. Kimbro. (Kinni, Bradley) |
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Filing 11
ENDORSED ORDER granting in part, denying in part #6 Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction, for the reasons stated in #9 Defendant Southeastern Grocers Holdings, LLC's Response. Defendant represents that it does not intend to enter into a sublease of the "Liquor Store Premises" with any unaffiliated entity and does not oppose an order precluding it from entering into such a sublease. Nor does Defendant oppose an order precluding it from making any exterior renovations until further order of the Court. The parties are directed to confer on an agreed order granting the relief to which Defendant consents, subject to Plaintiff first posting a bond in the amount of $5,000.00. The proposed agreed order must be submitted to the Court not later than noon on May 5, 2026. With regard to the interior renovations, the motion is denied because Plaintiff failed to demonstrate a substantial likelihood of success on the merits or irreparable harm, given that (1) the contract between the parties grants Defendant "the right... to make any interior additions and improvements, including doors and partitions, in and to the demised premises which it may deem necessary or desirable and which do not adversely affect the structural integrity thereof" and Plaintiff has not alleged that the alleged renovations would adversely affect the structural integrity of the premises and (2) Plaintiff failed to demonstrate that there has been the type of absolute repudiation required under the law. Even if there had been evidence of such a repudiation, Plaintiff failed to address the fact that the parties agreed to a contractual remedy in the event the store is closed for longer than six months. The parties are FURTHER ORDERED to mediate this case within 30 days. A notice of mediation must be filed no later than end of business on May 5, 2026. If they have not agreed on a mediator, a mediation date and time, and the location for an in-person mediation by noon on May 5, 2026, counsel for Plaintiff must notify the Court of the same and the Court will select the mediator and designate the date, time, and location for the mediation. The mediation will occur in person and no party or counsel will be permitted to attend the mediation remotely. Signed by Judge Anne-Leigh Gaylord Moe on 5/4/2026. (TAH)
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| Filing 10 CERTIFICATE of compliance re #7 Standing Order Plaintiff's Certification of No Third-Party Litigation Funding by Crimson 1031 Portfolio, LLC. (Kinni, Bradley) |
| Filing 9 RESPONSE to Motion re #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Southeastern Grocers, LLC. (Attachments: #1 Exhibit Liquor Store Premises SubLease, #2 Exhibit Original Lease Agreement, #3 Exhibit Request for Consent to Alterations)(Hall, William) Counsel to refile to make correction to page orientation. Modified text on 5/4/2026 (AA). |
| Filing 8 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Crimson 1031 Portfolio, LLC. (Newlon, Nicole) |
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Filing 7
STANDING ORDER REQUIRING DISCLOSURE OF THIRD-PARTY LITIGATION FUNDING. Signed by Judge Anne-Leigh Gaylord Moe on 5/1/2026. (RMF)
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| Filing 6 MOTION for Temporary Restraining Order and Preliminary Injunction by Crimson 1031 Portfolio, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Newlon, Nicole) |
| Filing 5 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 4
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules became effective November 1, 2025, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Anne-Leigh Gaylord Moe on 5/1/2026. (RMF)
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| Filing 3 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Southeastern Grocers, LLC identifying Corporate Parent Aldi Inc. for Southeastern Grocers, LLC.. (Hall, William) |
| Filing 2 NEW CASE ASSIGNED to Judge Anne-Leigh Gaylord Moe and Magistrate Judge Philip R. Lammens. New case number: 5:26-cv-301-AGM-PRL. (AA) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hernando County Circuit Court, case number 2026CA476 filed in State Court on April 17, 2026. Filing fee $405, receipt number AFLMDC-24851568 filed by Southeastern Grocers, LLC. (Attachments: #1 State Court Complaint pt. 1, #2 State Court Complaint pt. 2, #3 State Court Complaint pt. 3, #4 State Court Docket Sheet, #5 State Court Other Documents , #6 Civil Cover Sheet)(Hall, William) Modified to remove duplicate language on 4/28/2026 (AA). |
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