Faller et al v. Casa Bahia at Westshore Yacht Club Condominium Association, Inc.
| Donald Faller, DONALD FALLER, as Trustee of the Donald Mark Faller Trust, Amended and Restated on October 21, 2015 and Krystn Faller |
| Casa Bahia at Westshore Yacht Club Condominium Association, Inc. |
| 8:2021cv01731 |
| July 16, 2021 |
| U.S. District Court for the Middle District of Florida |
| Amanda Arnold Sansone |
| Mary S Scriven |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Document Text |
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| Filing 20 DECLARATION of Glenda Butler re #18 Declaration by Casa Bahia at Westshore Yacht Club Condominium Association, Inc.. (Guyton, John) |
| Filing 19 RESPONSE in Opposition re #15 Amended MOTION to Dismiss for Failure to State a Claim Count II, #16 Amended MOTION to Dismiss for Lack of Jurisdiction Counts I and III through VI Plaintiffs' Opposition to Defendant's Amended Motion to Dismiss Count II of Plaintiffs' Complaint [D. 15] and Amended Motion to Dismiss Remaining Pendant State Law Claims, Counts I, III, IV, V, and VI [D. 16] filed by Donald Faller(Individually), Donald Faller(as Trustee of the Donald Mark Faller Trust, Amended and Restated on October 21, 2015), Donald Faller(and as Court-Appointed Guardian of Krystn Judith Faller). (Uberoi, Barbara) |
| Filing 18 DECLARATION of Glenda Butler by Casa Bahia at Westshore Yacht Club Condominium Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Guyton, John) |
| Filing 17 RESPONSE in Opposition re #10 Amended MOTION for Preliminary Injunction Amended Motion for Emergency Preliminary Injunction and Incorporated Memorandum of Law filed by Casa Bahia at Westshore Yacht Club Condominium Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Guyton, John) |
| Filing 16 Amended MOTION to Dismiss for Lack of Jurisdiction Counts I and III through VI by Casa Bahia at Westshore Yacht Club Condominium Association, Inc.. (Guyton, John) |
| Filing 15 Amended MOTION to Dismiss for Failure to State a Claim Count II by Casa Bahia at Westshore Yacht Club Condominium Association, Inc.. (Guyton, John) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction Counts I and III through VI by Casa Bahia at Westshore Yacht Club Condominium Association, Inc.. (Guyton, John) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim Count II by Casa Bahia at Westshore Yacht Club Condominium Association, Inc.. (Guyton, John) |
| Filing 12 SUPPLEMENT re #10 Amended MOTION for Preliminary Injunction Amended Motion for Emergency Preliminary Injunction and Incorporated Memorandum of Law by Donald Faller(Individually), Donald Faller(as Trustee of the Donald Mark Faller Trust, Amended and Restated on October 21, 2015), Donald Faller(and as Court-Appointed Guardian of Krystn Judith Faller). (Uberoi, Barbara) |
| Filing 11 MOTION for Hearing re #10 Amended MOTION for Preliminary Injunction Amended Motion for Emergency Preliminary Injunction and Incorporated Memorandum of Law by All Plaintiffs. (Uberoi, Barbara) |
| Filing 10 Amended MOTION for Preliminary Injunction Amended Motion for Emergency Preliminary Injunction and Incorporated Memorandum of Law by All Plaintiffs. (Attachments: #1 Affidavit Declaration of Donald Faller, #2 Exhibit Exhibit 1 - Guardianship Order, #3 Exhibit Exhibit 2 - Deed, #4 Exhibit Exhibit 3 - Email, #5 Exhibit Exhibit 4 - Email, #6 Exhibit Exhibit 5 - Email, #7 Exhibit Exhibit 6 - Email, #8 Exhibit Exhibit 7 - Email, #9 Exhibit Exhibit 8 - Email, #10 Exhibit Exhibit 9 - Email, #11 Exhibit Exhibit 10 - Laboratory Analysis Report, #12 Exhibit Exhibit 11 - Email, #13 Affidavit Declaration of Barbara U. Uberoi, #14 Exhibit Exhibit A - Articles of Incorporation, #15 Exhibit Exhibit B - Declaration of Condominium, #16 Exhibit Exhibit C - Complaint, #17 Exhibit Exhibit D - Rain Fall, #18 Text of Proposed Order Proposed Order)(Uberoi, Barbara) |
Filing 9
ENDORSED ORDER DENYING WITHOUT PREJUDICE #8 Plaintiffs' Amended Motion for Emergency Preliminary Injunction. Just by way of example, Plaintiffs failed to attach a proposed order to the Amended Motion in direct contravention of the Local Rules and this Court's previous Order. (Dkt. 7) The Court does not consider whether there are any other infirmities. Rather, the Court directs that any renewed request for preliminary injunctive relief must strictly comply with all applicable requirements set forth in the Federal Rules of Civil Procedure and the Local Rules. Signed by Judge Mary S. Scriven on 8/9/2021. (JRF)
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| Filing 8 Emergency MOTION for Preliminary Injunction Amended by All Plaintiffs. (Attachments: #1 Affidavit Declaration of Donald Faller, #2 Exhibit Exhibit 1 to Faller Declaration, #3 Exhibit Exhibit 2 to Faller Declaration, #4 Exhibit Exhibit 3 to Faller Declaration, #5 Exhibit Exhibit 4 to Faller Declaration, #6 Exhibit Exhibit 5 to Faller Declaration, #7 Exhibit Exhibit 6 to Faller Declaration, #8 Exhibit Exhibit 7 to Faller Declaration, #9 Exhibit Exhibit 8 to Faller Declaration, #10 Exhibit Exhibit 9 to Faller Declaration, #11 Exhibit Exhibit 10 to Faller Declaration, #12 Exhibit Exhibit 11 to Faller Declaration, #13 Affidavit Declaration of Barbara U. Uberoi, #14 Exhibit Exhibit A to Uberoi Declaration, #15 Exhibit Exhibit B to Uberoi Declaration, #16 Exhibit Exhibit C to Uberoi Declaration, #17 Exhibit Exhibit D to Uberoi Declaration)(Dogali, Anthony) |
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Filing 7
ORDER DENYING WITHOUT PREJUDICE #6 Plaintiffs' Motion for Emergency Preliminary Injunction. Any renewed request for preliminary injunctive relief must strictly comply with all applicable requirements set forth in the Federal Rules of Civil Procedure and the Local Rules, including notifying Defendant and any other affected parties. Signed by Judge Mary S. Scriven on 8/5/2021. (JRF)
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| Filing 6 Emergency MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Affidavit Declaration of Donald Faller, #2 Exhibit Exhibit 1 to Faller Declaration, #3 Exhibit Exhibit 2 to Faller Declaration, #4 Exhibit Exhibit 3 to Faller Declaration, #5 Exhibit Exhibit 4 to Faller Declaration, #6 Exhibit Exhibit 5 to Faller Declaration, #7 Exhibit Exhibit 6 to Faller Declaration, #8 Exhibit Exhibit 7 to Faller Declaration, #9 Exhibit Exhibit 8 to Faller Declaration, #10 Exhibit Exhibit 9 to Faller Declaration, #11 Exhibit Exhibit 10 to Faller Declaration, #12 Exhibit Exhibit 11 to Faller Declaration, #13 Affidavit Declaration of Barbara U. Uberoi, #14 Exhibit Exhibit A to Uberoi Declaration, #15 Exhibit Exhibit B to Uberoi Declaration, #16 Exhibit Exhibit C to Uberoi Declaration, #17 Exhibit Exhibit D to Uberoi Declaration)(Dogali, Anthony) |
| Filing 5 SUMMONS issued as to Casa Bahia at Westshore Yacht Club Condominium Association, Inc. (TDC) |
| Filing 4 NOTICE to counsel 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). (CRB) |
| Filing 3 PROPOSED summons to be issued by Donald Faller(Individually), Donald Faller(as Trustee of the Donald Mark Faller Trust, Amended and Restated on October 21, 2015), Donald Faller(and as Court-Appointed Guardian of Krystn Judith Faller). (Dogali, Anthony) |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-1731-MSS-AAS. (SJB) |
| Filing 1 COMPLAINT against Casa Bahia at Westshore Yacht Club Condominium Association, Inc. (Filing fee $ 402 receipt number AFLMDC-18486195) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Dogali, Anthony) Modified on 7/16/2021 (LMW). ***COUNSEL TO REFILE PROPOSED SUMMONS WITH ATTORNEY INFORMATION.*** Modified on 7/19/2021 (TDC). |
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