Joe Hand Promotions, Inc. v. Williams et al
| Joe Hand Promotions, Inc. |
| Ralph Williams, Diane Williams, Tastemakers Elite LLC d/b/a Cabana Sands, Ralph A. Williams, Tastemakers Elite LLC doing business as Cabana Sands, Ralph A. Williams as officers, directors, shareholders, members and/or principals of Tastemakers Elite LLC d/b/a Cabana Sands and Diane Williams as officers, directors, shareholders, members and/or principals of Tastemakers Elite LLC d/b/a Cabana Sands |
| 8:2023cv02311 |
| October 11, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Cable/Satellite TV |
| 47 U.S.C. ยง 0605 Federal Communications Act |
| None |
Docket Report
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Filing 13
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 21, 2023, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 12/7/2023. (JAK)
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Filing 12
ENDORSED ORDER denying Defendants Ralph A. Williams and Diane Williams's Objection to Void Complaint and Motion to Dismiss for Lack of Uniformity of Timely Claim Barred by the Doctrine of Laches and for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 60(b)(4) (Doc. #10). First, Defendants' argument that the case should be dismissed due to "lack of jurisdiction pursuant to [Federal Rule of Civil Procedure] 60(b)(4)" fails as this rule is not applicable. Rule 60(b)(4) allows a court to "relieve a party or its legal representative from a final judgment, order, or proceeding...[because] the judgment is void." As there has been no judgment in this case, this argument fails. Defendants also have not provided information to the Court that would suggest a lack of jurisdiction. The Court has subject matter jurisdiction over the claims as they arise under federal law. See 28 U.S.C. 1331 ("The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."). Additionally, the Court appears to have personal jurisdiction over the defendants due to their residences in Florida. (Doc. # 1 at 7; Doc. # 8; Doc. # 9). Second, Defendants' argument that the case should be dismissed "for lack of uniformity of timely filed claim barred by the doctrine of laches" also fails. "[L]aches 'bars a plaintiff from maintaining a suit if he unreasonably delays in filing a suit and as a result harms the defendant." Gen. Lending Corp. v. Cancio, 578 F. App'x 832, 834 (11th Cir. 2014) (quoting Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 103 (2002)). "To establish laches, a defendant must demonstrate (1) a delay in asserting a right or a claim, (2) that the delay was not excusable, and (3) that there was undue prejudice to the party against whom the claim is asserted." Id. (quoting AmBrit, Inc. v. Kraft, Inc., 812 F.2d 1531, 1545 (11th Cir. 1986)). Defendants have not provided any information that demonstrates either that Plaintiff delayed in bringing this case or that Defendants were prejudiced by a delay. Therefore, the argument fails. Finally, the Motion does not comply with Local Rule 3.01(a) and Local Rule 3.01(g). Local Rule 3.01(a) provides that "[a] motion must include...a concise statement of the precise relief requested, a statement of the basis for the request, and a legal memorandum supporting the request." As this motion does not include a supporting legal memorandum, it violates this rule. The Court also takes this opportunity to remind Defendants of their obligation to confer in good faith with opposing counsel pursuant to Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 12/7/2023. (JAK)
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| Filing 11 RESPONSE in Opposition re #10 MOTION to Dismiss Complaint filed by Joe Hand Promotions, Inc.. (Giles, Brian) |
| Filing 10 MOTION to Dismiss Complaint/Objection by Diane Williams, Ralph A. Williams. (LNR) |
| Filing 9 RETURN of service executed on 10/13/2023 by Joe Hand Promotions, Inc. as to Diane Williams(Individually), Diane Williams(as officers, directors, shareholders, members and/or principals of Tastemakers Elite LLC d/b/a Cabana Sands).(Giles, Brian) Modified text on 10/31/2023 (MCB). |
| Filing 8 RETURN of service executed on 10/18/2023 by Joe Hand Promotions, Inc. as to Ralph A. Williams(as officers, directors, shareholders, members and/or principals of Tastemakers Elite LLC d/b/a Cabana Sands), Ralph A. Williams(Individually). (Giles, Brian) Modified text on 10/31/2023 (MCB). |
| Filing 7 CORPORATE Disclosure Statement by Joe Hand Promotions, Inc. (Giles, Brian) Modified on 10/17/2023 (CTR). |
| Filing 6 SUMMONS issued as to Tastemakers Elite LLC, Diane Williams, Ralph A. Williams. (KME) |
| Filing 5 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (MEJ) |
| Filing 4 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). (MEJ) |
| Filing 3 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). (MEJ) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Unassigned Magistrate. New case number: 8:23-cv-02311-VMC-UAM. (AM) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number AFLMDC-21343381) filed by Joe Hand Promotions, Inc. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons)(Giles, Brian) Modified text on 10/13/2023 (KME). |
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