Royal Palm Village Residents, Inc., et al v. Slider et al
| Royal Palm Village Residents, Inc., Laurie Skemp, James LeMonnier, Harry Rush, Fred Osier, Gene Asbury and Bonnie Lohmeyer |
| Royal Palm Village, LLC, Sun Communities, Inc., Belinda Lawson, Sun Communities Operating Limited Partnership, Lutz, Bobo & Telfair, P.A., Richard Lee, Sun Home Services, Inc., Royal Palm Village, L.L.C., Asset Investors Operating Partnership, L.P., American Land Lease, Inc., Sheri Woodworth, Monica Slider, Lutz, Bobo & Telfair, P.A. doing business as Lutz, Bobo, Telfair, Eastman & Lee formerly known as Lutz,Webb & Bobo, P.A. and Lutz,Webb & Bobo, P.A. |
| 8:2019cv00874 |
| April 11, 2019 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Charlene Edwards Honeywell |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 106 REPLY to Response to Motion re #104 MOTION for Attorney Fees filed by Royal Palm Village Residents, Inc. (JNB) |
| Filing 105 RESPONSE to Motion re #104 MOTION for Attorney Fees filed by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, LLC, Monica Slider, Sun Communities, Inc., Sheri Woodworth. (JNB) |
| Filing 104 MOTION for Attorney Fees by Royal Palm Village Residents, Inc. (JNB) Motions referred to Magistrate Judge Sean P. Flynn. |
Filing 103
ORDER of USCA: On its own motion, this Court TRANSFERS "Appellees' Motion for Attorney's Fees on Appeal" to the district court for its consideration of Appellees' entitlement to appellate attorney's fees and the reasonable amount of appellate attorney's fees, if any, to be awarded as to #93 Notice of Appeal filed by Royal Palm Village, L.L.C., Belinda Lawson, Richard Lee, Sun Communities Operating Limited Partnership, American Land Lease, Inc., Sun Communities, Inc., Sheri Woodworth, Monica Slider, Asset Investors Operating Partnership, L.P., Lutz, Bobo & Telfair, P.A., Royal Palm Village, LLC, Sun Home Services, Inc. EOD: 5/1/23; USCA number: 21-13789-AA. (JNB)
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| Filing 102 MANDATE of USCA (Affirming) as to #93 Notice of Appeal filed by Royal Palm Village, L.L.C., Belinda Lawson, Richard Lee, Sun Communities Operating Limited Partnership, American Land Lease, Inc., Sun Communities, Inc., Sheri Woodworth, Monica Slider, Asset Investors Operating Partnership, L.P., Lutz, Bobo & Telfair, P.A., Royal Palm Village, LLC, Sun Home Services, Inc. Issued as Mandate: 02/10/2023 USCA number: 21-13789-AA. (AG) |
| Filing 101 OPINION of USCA: issued by court as to Appellants American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, LLC, Monica Slider, Sun Communities, Inc. and Sheri Woodworth. Decision: AFFIRMED, re #93 Notice of Appeal. EOD: 01/12/2023; Mandate to issue at a later date. USCA number: 21-13789-AA. (AG) |
| Filing 100 OPINION of USCA: Opinion issued by court as to Appellants American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, LLC, Monica Slider, Sun Communities, Inc. and Sheri Woodworth. Decision: Affirmed re #93 Notice of Appeal. EOD: 01/12/2023. Mandate to issue at a later date. USCA number: 21-13789-AA. (AG) |
| Filing 99 REGISTRY MONIES received by Royal Palm Village Residents, Inc. in the amount of $ 43,575.21; Receipt # TPA066054. (LNR) |
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Filing 98
ORDER granting #97 Motion to Authorize Plaintiff to Deposit Funds with Clerk of Court in Lieu of Supersedeas Bond and to Stay Execution of Judgment Pending Appeal. Signed by Magistrate Judge Sean P. Flynn on 3/10/2022. (CED)
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| Filing 97 Unopposed MOTION for Bond to Authorize Plaintiff to Deposit Funds with the Clerk of Court in Lieu of Supersedeas Bond and to Stay Execution of Judgment Pending Appeal by Royal Palm Village Residents, Inc. (Attachments: #1 Text of Proposed Order Granting Motion)(Wasylik, Dineen) Motions referred to Magistrate Judge Sean P. Flynn. Modified text on 3/2/2022 (MCB). |
| Filing 96 NOTICE of Limited Appellate Appearance by Dineen Pashoukos Wasylik on behalf of Royal Palm Village Residents, Inc. (Wasylik, Dineen) |
| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #93 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 21-13789-AA (MCB) |
| Filing 95 TRANSCRIPT information form filed by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth re #93 Notice of Appeal. USCA number: 21-13789. (Whiting-Bozich, Alicia) |
| Filing 94 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #93 Notice of Appeal. (MCB) |
| Filing 93 NOTICE OF APPEAL as to #91 Order on Motion for Attorney FeesOrder on Report and Recommendations, #92 Judgment on Attorney Fees by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. Filing fee $ 505, receipt number AFLMDC-18864832. (Attachments: #1 Exhibit A)(Barlow, Mahlon) |
| Filing 92 JUDGMENT on Attorney Fees. in favor of American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Belinda Lawson, Monica Slider, Richard Lee, Sheri Woodworth against Royal Palm Village Residents, Inc. Signed by Deputy Clerk on 9/30/2021. (MCB) |
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Filing 91
ORDERED: Defendants' Objections to the Report and Recommendation #88 are overruled-in-part and sustained-in-part. The Court will adopt, confirm, and approve the Magistrate Judge's Report and Recommendation #85 in all respects as discussed in this Order, except as to consideration of the Court's failure to reach the merits of the Florida RICO claims in determining whether those claims lacked a legal or factual basis. The Report and Recommendation #85 is made a part of this Order for all purposes, including appellate review. Defendants' Verified Motion for Award of Attorney's Fees #73 is granted in part. See Order for additional details. Signed by Judge Charlene Edwards Honeywell on 9/29/2021. (CSS)
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Filing 90
ORDERED: Defendants' Objections to the Report and Recommendation #89 are OVERRULED-in-part and SUSTAINED-in-part. Except as to the determination that the timing of the filing of the motions weigh against awarding sanctions, the Court will adopt, confirm, and approve the Magistrate Judge's Report and Recommendation #84 and it is made a part of this Order for all purposes, including appellate review. Exercising its discretion, the Court declines to impose Rule 11 sanctions as the facts and legal issues presented do not clearly warrant sanctions. Defendants' Motion for Rule 11 Sanctions as to Plaintiffs' Amended Complaint #63 is DENIED. Defendants' Motion for Rule 11 Sanctions as to Plaintiffs' Second Amended Complaint #62 is DENIED. Signed by Judge Charlene Edwards Honeywell on 9/15/2021. (CSS)
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| Filing 89 OBJECTION to #84 Report and Recommendations (Doc. 84) by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Attachments: #1 Exhibit 1)(Barlow, Mahlon) |
| Filing 88 OBJECTION to #85 Report and Recommendations (Doc. 85) by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Attachments: #1 Exhibit 1)(Barlow, Mahlon) |
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Filing 87
ENDORSED ORDER granting Defendants' Unopposed Motion for Enlargement of Time and Incorporated Memorandum of Law #86. Defendants shall file their objections to the Report and Recommendation on Rule 11 Sanctions no later than August 23, 2021. Signed by Judge Charlene Edwards Honeywell on 8/16/2021. (CSS)
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| Filing 86 Unopposed MOTION for Extension of Time to File Objections to the Report and Recommendation on Rule 11 Sanctions (Doc. 84) by All Defendants. (Barlow, Mahlon) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 85 REPORT AND RECOMMENDATION re #73 Defendants' Verified MOTION for Award of Attorney's Fees. Signed by Magistrate Judge Sean P. Flynn on 8/2/2021. (CKR) |
| Filing 84 REPORT AND RECOMMENDATION re #62 Defendants' MOTION for Rule 11 Sanctions as to Plaintiffs' Second Amended Complaint and #63 Defendants' MOTION for Rule Sanctions as to Plaintiffs' Amended Complaint. Signed by Magistrate Judge Sean P. Flynn on 8/2/2021. (CKR) |
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Filing 83
ORDER referring Motion for Report and Recommendation: #62 MOTION for Sanctions pursuant to Rule 11 filed by Royal Palm Village, L.L.C., Belinda Lawson, Richard Lee, Sun Communities Operating Limited Partnership, American Land Lease, Inc., Sun Communities, Inc., Sheri Woodworth, Monica Slider, Asset Investors Operating Partnership, L.P., Lutz, Bobo & Telfair, P.A., Royal Palm Village, LLC, Sun Home Services, Inc., #63 MOTION for Sanctions Pursuant to Rule 11 filed by Royal Palm Village, L.L.C., Belinda Lawson, Richard Lee, American Land Lease, Inc., Sun Communities Operating Limited Partnership, Sheri Woodworth, Sun Communities, Inc., Monica Slider, Asset Investors Operating Partnership, L.P., Lutz, Bobo & Telfair, P.A., Royal Palm Village, LLC, Sun Home Services, Inc. Signed by Judge Charlene Edwards Honeywell on 1/21/2021. (BGS) Motions referred to Magistrate Judge Sean P. Flynn.
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| Filing 82 CORRECTED NOTICE of Filing of Exhibit A in support of re #81 Exhibit List, #80 Response in Opposition to Motion (Perry, Daniel) by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp Modified text on 11/16/2020 (MCB). |
| Filing 81 (STRICKEN at counsel's request - image malformed; Counsel has re-filed at entry no.#82) Notice of Filing of Exhibit A in support of #80 Motion for Attorney Fees by Harry Rush, Laurie Skemp. (Perry, Daniel) Modified text on 11/13/2020 (MCB). Modified on 11/13/2020 (AG). |
| Filing 80 RESPONSE in Opposition re #73 MOTION for Attorney Fees filed by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Perry, Daniel) |
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Filing 79
ENDORSED ORDER granting #77 Plaintiff's Unopposed Motion for Enlargement of Fourteen Days to File an Affidavit or Otherwise Respond in Opposition to #73 Defendants' MOTION for Attorney Fees and Costs. Response due by 11/12/2020. Signed by Magistrate Judge Sean P. Flynn on 10/29/2020. (CKR)
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Filing 78
ENDORSED ORDER granting #74 Defendants' Motion for Enlargement of Time to File an Affidavit in Support of Motion for Attorneys' Fees and Non-Taxable Costs. Signed by Magistrate Judge Sean P. Flynn on 10/29/2020. (CKR)
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| Filing 77 UNOPPOSED MOTION for Extension of Time to file an Affidavit or Otherwise Respond to Defendant's Motion for Attorney's Fees and Costs filed by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Perry, Daniel) Modified on 10/29/2020 (DG). Modified on 10/29/2020 (DG). Modified on 10/29/2020 (DG). Modified on 10/29/2020 (DG). |
| Filing 76 DECLARATION of Joseph A. Geary re #73 MOTION for Attorney Fees by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Mirghahari, Ali) |
| Filing 75 NOTICE of supplemental authority re #73 MOTION for Attorney Fees by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Attachments: #1 Exhibit Exhibit A)(Bobo, Joseph) |
| Filing 74 MOTION for Extension of Time to File Affidavit in Support of Defendants' Motion for Attorney's Fees and Costs by All Defendants. (Mirghahari, Ali) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 73 MOTION for Attorney Fees by All Defendants. (Attachments: #1 Exhibit A - Schedule of Attorneys' Fees and Costs, #2 Exhibit B - Attorney Biographies)(Mirghahari, Ali) Motions referred to Magistrate Judge Sean P. Flynn. |
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Filing 72
ORDER dismissing case, without prejudice. The Clerk is directed to terminate any pending motions, except the motions at docket entries 62 and 63, and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 10/1/2020. (BGS)
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Filing 71
ORDER denying as moot #69 Motion for Extension of Time to File. Signed by Judge Charlene Edwards Honeywell on 9/8/2020. (CEH)
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Filing 70
ORDER: The Order at docket entry 67 is hereby VACATED, as it was entered in error. The Clerk is directed to re-open the motion at docket entry 62. Signed by Judge Charlene Edwards Honeywell on 9/4/2020. (CEH)
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| Filing 69 MOTION for Extension of Time to File Notice of Appeal by All Defendants. (Mirghahari, Ali) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 68 NOTICE of voluntary dismissal by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp (Perry, Daniel) |
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Filing 67
***VACATED PURSUANT TO ORDER 70*** ENDORSED ORDER denying #62 Motion for Sanctions. Defendants filed two identical motions for sanctions. The motion for sanctions is duplicative. Signed by Judge Charlene Edwards Honeywell on 8/8/2020. (CEH) Modified on 9/8/2020 (CTR).
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Filing 66
ENDORSED ORDER denying without prejudice #58 Motion for Leave to File Document. Plaintiffs failed to comply with Local Rule 3.01(a), as no memorandum of legal authority is included with the motion. Signed by Judge Charlene Edwards Honeywell on 8/8/2020. (CEH)
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Filing 65
ENDORSED ORDER denying as moot #57 Motion for Leave to File Document. A corrected motion for leave to file voluntary dismissal has been filed. Signed by Judge Charlene Edwards Honeywell on 8/8/2020. (CEH)
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| Filing 64 RESPONSE in Opposition re #59 MOTION for Sanctions pursuant to Rule 11, #62 MOTION for Sanctions pursuant to Rule 11, #63 MOTION for Sanctions Pursuant to Rule 11, #60 MOTION for Sanctions pursuant to Rule 11 filed by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Perry, Daniel) |
| Filing 63 MOTION for Sanctions Pursuant to Rule 11 by All Defendants. (Barlow, Mahlon) |
| Filing 62 MOTION for Sanctions pursuant to Rule 11 by All Defendants. (Barlow, Mahlon) |
| Filing 61 RESPONSE in Opposition to Motion for Leave to File Voluntary Dismissal filed by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Mirghahari, Ali) |
| Filing 60 MOTION for Sanctions pursuant to Rule 11 by All Defendants. (Mirghahari, Ali) COUNSEL WHO ELECTRONICALLY FILED ITEM TO REFILE SAME USING HIS/HER OWN PERSONAL ECF LOGIN/PASSWORD. Modified on 6/2/2020 (DG). |
| Filing 59 MOTION for Sanctions pursuant to Rule 11 by All Defendants. (Mirghahari, Ali) COUNSEL WHO ELECTRONICALLY SIGNED ITEM TO REFILE SAME USING HIS/HER OWN PERSONAL ECF LOGIN/PASSWORD. Modified on 6/2/2020 (DG). |
| Filing 58 MOTION for Leave to File Other Document :FOR LEAVE TO FILE VOLUNTARY DISMISSAL WITHOUT PREJUDICE ** SECOND FILING - FONT- CORRUPTION ** by All Plaintiffs. (Perry, Daniel) |
| Filing 57 MOTION for Leave to File Other Document :Leave to File Voluntary Dismissal Without Prejudice by All Plaintiffs. (Perry, Daniel) |
| Filing 56 NOTICE of supplemental authority re #49 MOTION to Dismiss Second Amended Complaint , #48 MOTION to Dismiss Second Amended Complaint by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Attachments: #1 Exhibit A - Bahrakis Order)(Mirghahari, Ali) |
| Filing 55 NOTICE of supplemental authority re #49 MOTION to Dismiss Second Amended Complaint , #48 MOTION to Dismiss Second Amended Complaint by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Attachments: #1 Exhibit A - Motion to Dismiss Order)(Mirghahari, Ali) |
| Filing 54 NOTICE of supplemental authority re #49 MOTION to Dismiss Second Amended Complaint , #48 MOTION to Dismiss Second Amended Complaint by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Attachments: #1 Exhibit Exhibit A - Schalamar Order, #2 Exhibit Exhibit B - Whispering Pines Order)(Mirghahari, Ali) |
| Filing 53 RESPONSE in Opposition re #50 MOTION for Miscellaneous Relief, specifically For the Court to Take Judicial Notice of Plaintiffs' Responses to Defendants' Requests for Admission filed by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Perry, Daniel) |
| Filing 52 RESPONSE in Opposition re #49 MOTION to Dismiss Second Amended Complaint filed by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Perry, Daniel) |
| Filing 51 RESPONSE in Opposition re #48 MOTION to Dismiss Second Amended Complaint filed by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Perry, Daniel) |
| Filing 50 MOTION for Miscellaneous Relief, specifically For the Court to Take Judicial Notice of Plaintiffs' Responses to Defendants' Requests for Admission by All Defendants. (Attachments: #1 Exhibit A - Asbury Responses to Request for Admission, #2 Exhibit B - Lemonnier Responses to Request for Admission, #3 Exhibit C - Lohmeyer Responses to Request for Admission, #4 Exhibit D - Rush Responses to Request for Admission, #5 Exhibit E - Skemp Responses to Request for Admission, #6 Exhibit F - Osier Responses to Request for Admission, #7 Exhibit G - HOA Responses to Request for Admission)(Mirghahari, Ali) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 49 MOTION to Dismiss Second Amended Complaint by Richard Lee, Lutz, Bobo & Telfair, P.A.. (Bobo, Joseph) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 48 MOTION to Dismiss Second Amended Complaint by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Attachments: #1 Exhibit Exhibit A - Osier Response to Request for Admissions, #2 Exhibit Exhibit B - HOA Response to Request for Admissions)(Mirghahari, Ali) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 47 AMENDED COMPLAINT Second-Amended-Complaint against All Defendants with Jury Demand. filed by Fred Osier, Bonnie Lohmeyer, Harry Rush, Royal Palm Village Residents, Inc., James LeMonnier, Laurie Skemp, Gene Asbury. (Attachments: #1 Exhibit A-1991-12-18-RPV-Residents-Rt-First-Refusal-, #2 Exhibit B-2013-03-14-RPV-Residents-Rt-First-Refusal, #3 Exhibit C-2014-Letter-Release, #4 Exhibit D-5-YR-2015-Lot-Rent-Agreement, #5 Exhibit E-2019-HOEKSTRA-Sun-Prep-fee-letter, #6 Exhibit F-Exemplar-RPV-Combined-Prospectus)(Perry, Daniel) |
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Filing 46
ORDER: 1. Defendants' Motion to Dismiss Amended Complaint #25 is GRANTED. 2. Plaintiffs' Amended Complaint #20 is DISMISSED, without prejudice. 3. Plaintiffs are granted leave to file a Second Amended Complaint within FOURTEEN (14) DAYS from the date of this Order, which corrects the deficiencies discussed in this Order. 4. Failure to file a Second Amended Complaint within the time provided will result in dismissal of this action without further notice. 5. Plaintiffs' pending Motion for Class Certification #22 is DENIED, without prejudice, as moot. Signed by Judge Charlene Edwards Honeywell on 2/21/2020. (SG)
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Filing 45
ENDORSED ORDER granting Unopposed #44 MOTION to Strike Paragraph 45 and Two Sentences in Paragraph 43 of the Amended Complaint in light of Contradictory Deposition Testimony. Signed by Magistrate Judge Sean P. Flynn on 10/11/2019. (Flynn, Sean)
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| Filing 44 MOTION to Strike Strike Paragraph 45 and Two Sentences in Paragraph 43 of the Amended Complaint in light of Contradictory Deposition Testimony by All Plaintiffs. (Perry, Daniel) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 43 REPLY to Response to Motion re #40 MOTION for leave to file Reply to Defendants' Response (Dkt 35) in Opposition to Motion for Class Certification (Dkt 22) filed by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Attachments: #1 Exhibit Exh-A-2014-08-06-RPV-Lentz-Letter-07-30-Sun-Press-Release, #2 Exhibit Exh-B-Burns-Mtn to Strike Impertinent, #3 Exhibit Exh-C-2015-12-10-RPV-Letter-From-Atty-Richard-Lee)(Perry, Daniel) |
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Filing 42
ENDORSED ORDER granting #40 Plaintiffs' Motion to File a Reply to Defendants Response In Opposition to Class Certification. Plaintiffs are granted leave to file a seven (7) page reply on or before October 8, 2019. Signed by Judge Charlene Edwards Honeywell on 10/1/2019. (BGS)
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| Filing 41 RESPONSE to Motion re #40 MOTION for leave to file Reply to Defendants' Response (Dkt 35) in Opposition to Motion for Class Certification (Dkt 22) filed by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Mirghahari, Ali) |
| Filing 40 MOTION for leave to file Reply to Defendants' Response (Dkt 35) in Opposition to Motion for Class Certification (Dkt 22) by All Plaintiffs. (Perry, Daniel) |
| Filing 39 APPENDIX re #35 Response in Opposition to Motion for Class Certification by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Mirghahari, Ali) |
| Filing 38 NOTICE of compliance re #31 Case management and scheduling order service of Rule 26(a)(1) Disclosure by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC (Bobo, Joseph) |
| Filing 37 CERTIFICATE of compliance re #31 Case management and scheduling order REFILED-CORRECTED-NAMED-PLAINTIFFS by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Perry, Daniel) |
| Filing 36 NOTICE of compliance re #31 Case management and scheduling order Ruke 26(a)(1) Initial Disclosures by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp (Perry, Daniel) |
| Filing 35 RESPONSE in Opposition re #22 First MOTION to Certify Class filed by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Mirghahari, Ali) |
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Filing 34
ENDORSED ORDER granting #32 Unopposed Motion for Leave to File Excess Pages. Defendants may file a response not to exceed 25 pages. Signed by Judge Charlene Edwards Honeywell on 8/20/2019. (SG)
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| Filing 33 NOTICE of mediation conference/hearing to be held on August 17, 2020 before James Cabler. (Perry, Daniel) |
| Filing 32 Unopposed MOTION for Leave to File Excess Pages In Response to Plaintiffs' Motion for Class Certification by All Defendants. (Mirghahari, Ali) |
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Filing 31
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/11/2020, Dispositive motions due by 10/9/2020, Pretrial statement due by 2/16/2021, All other motions due by 2/23/2021, Final Pretrial Conference set for 3/16/2021 at 2:00 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 4/5/2021 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 9/30/2019. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 8/5/2019. (BGS)
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| Filing 30 NOTICE of supplemental authority re #29 Response in Opposition to Motion by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Attachments: #1 Exhibit Exhibit A - Slip Opinion - Dockery v. Heretick)(Perry, Daniel) |
| Filing 29 RESPONSE in Opposition re #25 MOTION to Dismiss Amended Complaint filed by Gene Asbury, James LeMonnier, Bonnie Lohmeyer, Fred Osier, Royal Palm Village Residents, Inc., Harry Rush, Laurie Skemp. (Perry, Daniel) |
| Filing 28 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Bobo, Joseph) |
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Filing 27
ENDORSED ORDER granting in part #26 (Unopposed) Motion for Enlargement of Time to Respond to Motion for Class Certification. The deadline for Defendants to respond to the motion for class certification is extended to and including August 30, 2019. Signed by Judge Charlene Edwards Honeywell on 7/24/2019. (BGS)
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| Filing 26 Unopposed MOTION to extend time to respond to Motion for Class Certification by All Defendants. (Mirghahari, Ali) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 25 MOTION to Dismiss Amended Complaint by All Defendants. (Attachments: #1 Exhibit 1 - Five-Year Agreement)(Mirghahari, Ali) |
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Filing 24
ENDORSED ORDER granting #23 Defendants' Unopposed Motion for Enlargement of Time to Respond to Amended Complaint. Responses due by 7/19/2019. Signed by Magistrate Judge Sean P. Flynn on 7/16/2019. (CKR)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply by All Defendants. (Mirghahari, Ali) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 22 First MOTION to Certify Class by All Plaintiffs. (Attachments: #1 Exhibit Inquiry Judge Perry (Reprimand), #2 Exhibit Fla. Bar v. Daniel Perry (Reprimand))(Perry, Daniel) |
| Filing 21 CASE MANAGEMENT REPORT. (Perry, Daniel) |
| Filing 20 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Royal Palm Village Residents, Inc..(Perry, Daniel) |
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Filing 19
ENDORSED ORDER granting #16 Plaintiffs' Motion for 7 Day Extension to File Case Management Report. The Case Management Report shall be filed on or before July 10, 2019. Signed by Judge Charlene Edwards Honeywell on 7/3/2019. (BGS)
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Filing 18
ORDER: Defendants' Motion to Transfer #12 is DENIED. Signed by Judge Charlene Edwards Honeywell on 6/28/2019. (SG)
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Filing 17
ORDER: The Complaint #1 is DISMISSED, without prejudice, as a shotgun pleading. Defendants' pending Motion to Dismiss #8 is DENIED as moot. Plaintiff is granted leave to file an Amended Complaint within FOURTEEN (14) DAYS from the date of this Order, which corrects the deficiencies discussed in this Order. Failure to file an Amended Complaint within the time provided will result in dismissal of this action without further notice. Signed by Judge Charlene Edwards Honeywell on 6/19/2019. (BGS)
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| Filing 16 MOTION for Extension of Time to File Case Management Report by Royal Palm Village Residents, Inc.. (Perry, Daniel) |
| Filing 15 RESPONSE in Opposition re #12 MOTION to transfer case pursuant to Local Rule 1.04(b) filed by Royal Palm Village Residents, Inc.. (Perry, Daniel) |
| Filing 14 NOTICE of supplemental authority re #8 MOTION to Dismiss Complaint , #12 MOTION to transfer case pursuant to Local Rule 1.04(b) by American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (Attachments: #1 Exhibit A)(Barlow, Mahlon) |
| Filing 13 RESPONSE in Opposition re #8 MOTION to Dismiss Complaint filed by Royal Palm Village Residents, Inc.. (Perry, Daniel) |
| Filing 12 MOTION to transfer case pursuant to Local Rule 1.04(b) by All Defendants. (Attachments: #1 Appendix, #2 Tab A, #3 Tab B, #4 Tab C, #5 Tab D)(Barlow, Mahlon) |
| ***PRO HAC VICE FEES paid by attorney Mark Cooper, appearing on behalf of all Defendants (Filing fee $150 receipt number TPA056648.) Related document: #9 MOTION for Mark Cooper to appear pro hac vice. (ARC) |
| Filing 11 NOTICE of Appearance by Mahlon Herbert Barlow, III on behalf of American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth (Barlow, Mahlon) |
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Filing 10
ENDORSED ORDER granting #9 motion to appear pro hac vice. Attorney Mark Cooper may appear pro hac vice on behalf of Defendants, with Attorney J. Allen Bobo designated as local counsel pursuant to Local Rule 2.02(a). Please note that a local attorney must also be present for any evidentiary hearing before the district judge and during trial. Within twenty-one (21) days of the date of this Order, counsel shall comply with the electronic filing requirement and file a notice of compliance with said requirement. Signed by Magistrate Judge Sean P. Flynn on 5/14/2019. (CKR)
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| Filing 9 MOTION for Mark Cooper to appear pro hac vice by All Defendants. (Bobo, Joseph) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 8 MOTION to Dismiss Complaint by All Defendants. (Attachments: #1 Exhibits 1-4)(Bobo, Joseph) Modified on 5/14/2019 (DG). |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Royal Palm Village Residents, Inc.. (Perry, Daniel) |
| Filing 6 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Royal Palm Village Residents, Inc.. Related case(s): No (Perry, Daniel) |
| Filing 5 SUMMONS issued as to American Land Lease, Inc., Asset Investors Operating Partnership, L.P., Belinda Lawson, Richard Lee, Lutz, Bobo & Telfair, P.A., Royal Palm Village, L.L.C., Royal Palm Village, LLC, Monica Slider, Sun Communities Operating Limited Partnership, Sun Communities, Inc., Sun Home Services, Inc., Sheri Woodworth. (AG) |
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Filing 4
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 4/26/2019. Signed by Judge Charlene Edwards Honeywell on 4/12/2019. (BGS)
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/26/2019. Signed by Judge Charlene Edwards Honeywell on 4/12/2019. (BGS)
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| Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Sean P. Flynn. New case number: 8:19-cv-874-T-36SPF. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-15346530) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons American Land Lease, Inc., #3 Proposed Summons Asset Investors Operating Partnership LP, #4 Proposed Summons Belinda Lawson, #5 Proposed Summons Lutz, Bobo & Telfair, PA, #6 Proposed Summons Monica Slider, #7 Proposed Summons Richard Lee, #8 Proposed Summons Royal Palm Village, L.L.C., #9 Proposed Summons Royal Palm Village, LLC, #10 Proposed Summons Sheri Woodworth, #11 Proposed Summons Sun Communities, Inc, #12 Proposed Summons Sun Communities Operating Limited Partnership, #13 Proposed Summons Sun Home Services, Inc)(Perry, Daniel) |
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