T-Mobile South LLC v. Melbourne Ocean Club Condominium Association, Inc.
Plaintiff: T-Mobile South LLC
Defendant: Melbourne Ocean Club Condominium Association, Inc.
Case Number: 6:2018cv01161
Filed: July 19, 2018
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: XX US, Outside State
Presiding Judge: Gregory A Presnell
Referring Judge: Thomas B Smith
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 21, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2018 Filing 29 RESPONSE in Opposition re #13 MOTION to dismiss for lack of jurisdiction filed by T-Mobile South LLC. (Hsu, Alen)
August 15, 2018 Filing 28 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Heather Jewett, RPR, FCRR. (HLJ)
August 15, 2018 Filing 27 TRANSCRIPT of Motion Hearing in re Plaintiff's Motion for Preliminary Injunction held on August 9, 2018, before Judge Gregory A. Presnell. Court Reporter: Heather Jewett, RPR, FCRR <. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/5/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/13/2018. (HLJ)
August 9, 2018 Opinion or Order Filing 26 ORDER granting in part and denying in part #3 Motion for Preliminary Injunction. The Motion for Preliminary Injunction (Doc. 3) is hereby GRANTED IN PART AND DENIED IN PART. Based on representations made by Counsel for MOCCA, the Defendant will allow T-Mobile to access the roof by way of the elevator in order to make necessary repairs, mooting that portion of the Motion for Preliminary Injunction. The Motion for Preliminary Injunction is thus DENIED as moot with respect to the roof access issue. The Motion for Preliminary Injunction is otherwise GRANTED. The Defendant is hereby ENJOINED from interfering with the commercial-to-generator power switch, and from removing or interfering with T-Mobile's rooftop equipment. MOCCA shall provide notice of this Order to all of their officers, agents, servants, employees, and attorneys. This Order shall remain in effect until further order of the Court. Since this Order will not create a risk of harm to the Defendant, no bond is required. Signed by Judge Gregory A. Presnell on 8/9/2018. (MAF)
August 9, 2018 Filing 25 DEFENDANT'S EXHIBIT LIST for the hearing held 8/9/2018. (LAM) (Additional attachment(s) added on 9/13/2018: #1 Exhibit 2, #2 Exhibit 4) (LAM).
August 9, 2018 Filing 24 PLAINTIFF'S EXHIBIT LIST for the hearing held 8/9/2018. (LAM) (Additional attachment(s) added on 9/13/2018: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (LAM).
August 9, 2018 Filing 23 Minute Entry for motion proceedings held before Judge Gregory A. Presnell on 8/9/2018 re #3 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by T-Mobile South LLC. Court Reporter: Heather L. Jewett. (LAM)
August 8, 2018 Filing 22 NOTICE of Filing Declaration in support of its opposition to #13 Motion to Dismiss by T-Mobile South LLC (Attachments: #1 Declaration of Carole Bradley)(Hsu, Alen) Modified on 8/9/2018 (LMM).
August 7, 2018 Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by T-Mobile South LLC. (Berman, Richard)
August 7, 2018 Filing 20 NOTICE of filing affidavit of Shivakuymar Hattangadi in opposition to #3 Motion for Preliminary Injunction by Melbourne Ocean Club Condominium Association, Inc. (Attachments: #1 Affidavit)(Bird, Adam) Modified on 8/8/2018 (LMM).
August 7, 2018 Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Melbourne Ocean Club Condominium Association, Inc.. (Bird, Adam)
August 7, 2018 Filing 18 NOTICE of pendency of related cases per Local Rule 1.04(d) by Melbourne Ocean Club Condominium Association, Inc.. Related case(s): no (Bird, Adam)
August 7, 2018 Filing 17 NOTICE of pendency of related cases re #6 Related Case Order per Local Rule 1.04(d) by T-Mobile South LLC. Related case(s): No (Berman, Richard) Modified on 8/8/2018 (LMM).
August 7, 2018 Opinion or Order Filing 16 ORDER amending 5 Notice of hearing on motion as follows: The hearing time is expanded to 90 minutes. At the hearing, each party shall present one knowledgeable witness to testify regarding the alleged breach of the site agreement. Signed by Judge Gregory A. Presnell on 8/7/2018. (TKW)
August 7, 2018 Opinion or Order Filing 15 INTERESTED PERSONS ORDER to Defendant. Certificate of interested persons and corporate disclosure statement due by 8/21/2018. Signed by Judge Gregory A. Presnell on 8/7/2018. Copies mailed. (LAM)
August 6, 2018 Filing 14 RESPONSE in Opposition re #3 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by Melbourne Ocean Club Condominium Association, Inc.. (Bird, Adam)
August 6, 2018 Filing 13 MOTION to dismiss for lack of jurisdiction by Melbourne Ocean Club Condominium Association, Inc.. (Attachments: #1 Exhibit Certificate of Title)(Bird, Adam)
August 6, 2018 Filing 12 NOTICE of Appearance by Adam Bird on behalf of Melbourne Ocean Club Condominium Association, Inc. (Bird, Adam)
July 27, 2018 Filing 11 RETURN of service executed on 7/27/2018 by T-Mobile South LLC as to Melbourne Ocean Club Condominium Association, Inc. (LMM)
July 27, 2018 Filing 10 PROOF of service by T-Mobile South LLC (Berman, Richard) Modified on 7/30/2018 (LMM). **REFILED USING CORRECT EVEN CODE AT #11 **
July 27, 2018 Filing 9 NOTICE by T-Mobile South LLC re #1 Complaint of Filing Omitted Exhibits (Attachments: #1 Exhibit A - Lease Agreement and Amendments to Lease, #2 Exhibit B - Defendant's Letter Dated July 11, 2018)(Hsu, Alen)
July 25, 2018 Filing 8 NOTICE of compliance re #4 Order dated 7/23/18 by T-Mobile South LLC (Attachments: #1 Exhibit A- Affidavit of Service, #2 Exhibit B- Return of Service)(Berman, Richard)
July 24, 2018 Opinion or Order Filing 7 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 8/7/2018. Signed by Judge Gregory A. Presnell on 7/24/2018. Copies mailed. (LAM)
July 24, 2018 Opinion or Order Filing 6 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/7/2018. Signed by Judge Gregory A. Presnell on 7/24/2018. Copies mailed. (LAM)
July 24, 2018 Set/reset deadlines as to #3 MOTION for preliminary injunction and Incorporated Memorandum of Law. Responses due by 8/6/2018 (LMM)
July 23, 2018 Filing 5 NOTICE of hearing on motion re #3 MOTION for preliminary injunction and Incorporated Memorandum of Law. One hour is reserved. Motion Hearing set for 8/9/2018 at 10:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW)
July 23, 2018 Opinion or Order Filing 4 ORDER re #3 MOTION for preliminary injunction and Incorporated Memorandum of Law filed by T-Mobile South LLC that: A hearing on the Motion is scheduled for THURSDAY, AUGUST 9, 2018 AT 10:00 AM (one hour is reserved). This hearing will be held before the Honorable Gregory A. Presnell in Courtroom No. 5A, George C. Young U.S. Courthouse and Federal Building, 401 W. Central Boulevard, Orlando, Florida.Plaintiff shall serve Defendant with a copy of the Compliant, the Motion, and this Order by July 25, 2018.Defendants shall file a written response to the Motion by August 6, 2018. Signed by Judge Gregory A. Presnell on 7/23/2018. (TKW)
July 23, 2018 Filing 3 MOTION for preliminary injunction and Incorporated Memorandum of Law by T-Mobile South LLC. (Attachments: #1 Exhibit A- (Proposed) Preliminary Injunction)(Berman, Richard)
July 19, 2018 Filing 2 SUMMONS issued as to Melbourne Ocean Club Condominium Association, Inc. (Issued at intake.) (JP)
July 19, 2018 Filing 1 COMPLAINT against Melbourne Ocean Club Condominium Association, Inc. (Filing fee $ 400 receipt number ORL075406) filed by T-Mobile South LLC. (Attachments: #1 Civil Cover Sheet)(JP)

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Plaintiff: T-Mobile South LLC
Represented By: Alen H. Hsu
Represented By: Richard E. Berman
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Defendant: Melbourne Ocean Club Condominium Association, Inc.
Represented By: Adam Bird
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