Lucius v. Chili Pepper of Rocky Point, Inc. et al
| Windy Lucius |
| Chili Pepper of Rocky Point, Inc. doing business as The Rusty Pelican (Tampa) and Specialty Restaurants Corporation |
| 8:2022cv01803 |
| August 8, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Mac R McCoy |
| Civil Rights: Americans with Disabilities - Other |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 17
ENDORSED ORDER: Plaintiff has filed a Notice of Voluntary Dismissal of Action (Doc. #16). As no answer or motion for summary judgment has been filed in this case, dismissal with prejudice via unilateral notice pursuant to Rule 41(a)(1) is permissible. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 10/5/2022. (DRG)
|
| Filing 16 NOTICE of voluntary dismissal by Windy Lucius (Cunningham, Juan) |
|
Filing 15
ENDORSED ORDER: In light of the Court's 60 day order (Doc. # 14), Defendant's Motion for Extension of Time (Doc. #13) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 9/7/2022. (DRG)
|
|
Filing 14
ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #11), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 9/7/2022. (DRG)
|
| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Chili Pepper of Rocky Point, Inc., Specialty Restaurants Corporation. (Fischler, Ilanit) |
| Filing 12 NOTICE of Appearance by Ilanit Sisso Fischler on behalf of Chili Pepper of Rocky Point, Inc., Specialty Restaurants Corporation (Fischler, Ilanit) |
| Filing 11 NOTICE of settlement for all parties by Windy Lucius (Cunningham, Juan) |
|
Filing 10
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Gregory P. Holder, Esq., for mediation. The parties must mediate no later than November 22, 2022. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by September 20, 2022. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 8/31/2022. (TWL)
|
| Filing 9 RETURN of service executed on 8/16/22 by Windy Lucius as to Specialty Restaurants Corporation. (Cunningham, Juan) |
| Filing 8 RETURN of service executed on 8/16/22 by Windy Lucius as to Chili Pepper of Rocky Point, Inc. (Cunningham, Juan) |
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Windy Lucius. Related case(s): No (Cunningham, Juan) |
| Filing 6 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (TWL) |
| Filing 5 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. (Signed by Deputy Clerk). (TWL) |
| Filing 4 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (TWL) |
| Filing 3 SUMMONS issued as to Chili Pepper of Rocky Point, Inc., Specialty Restaurants Corporation. (SET) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Mac R. McCoy. New case number: 8:22-cv-1803-VMC-MRM. (SJB) |
| Filing 1 COMPLAINT against Chili Pepper of Rocky Point, Inc., Specialty Restaurants Corporation (Filing fee $402 receipt number AFLMDC-19860223) filed by Windy Lucius. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Cunningham, Juan) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
