Herman et al v. Sapphire Resorts
| SCOTT HERMAN and Melisa Moya-Macias |
| Sapphire Resorts doing business as Starpoint Resort Group, Inc. |
| 8:2025cv00534 |
| March 5, 2025 |
| U.S. District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Other Statutory Actions |
| Real Estate Settlement Procedure (RESPA) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2025. A more recent docket listing may be available from PACER.
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| Filing 25 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (MLB) |
| Filing 24 JUDGMENT, this case is DISMISSED without prejudice. ( Signed by Deputy Clerk) (MLB) |
Filing 23
ORDER: Starpoint's Motion to Dismiss (Doc. #16) is GRANTED. This action is DISMISSED without prejudice for lack of personal jurisdiction. The Clerk is directed to ENTER JUDGMENT, which shall read "This case is dismissed without prejudice," and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 5/12/2025. (BTM)
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| Filing 22 CASE MANAGEMENT REPORT. (Parsons, Stephanie) |
| Filing 21 DECLARATION of by Scott Herman, Melisa Moya-Macias. (Parsons, Stephanie) |
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Filing 20
ENDORSED ORDER: No later than April 21, 2025, the parties must file a Case Management Report. See (Doc. #4.) Signed by Judge Kathryn Kimball Mizelle on 4/15/2025. (BTM)
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| Filing 19 AMENDED NOTICE OF REMOVAL by Sapphire Resorts. Amendment to #1 Notice of Removal . (Perkins, Jenny) Modified text on 4/14/2025 (BD). |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #4 Standing Order, 17 Order by Sapphire Resorts identifying Corporate Parent BQ Resorts, LLC for Sapphire Resorts. (Perkins, Jenny) |
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Filing 17
ENDORSED ORDER: As required by Local Rule 3.03, the defendant must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. The defendant must file the foregoing by using the template available on the undersigned's website under the "forms" tab (and attached to Doc. #4) no later than April 14, 2025. Signed by Judge Kathryn Kimball Mizelle on 4/8/2025. (BTM)
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| Filing 16 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Sapphire Resorts. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service)(Perkins, Jenny) |
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Filing 15
ENDORSED ORDER: Local Rule 3.01(a) provides that a motion to dismiss must be "no longer than twenty-five pages inclusive of all parts." The defendant did not seek an enlargement of this page limit but filed a motion to dismiss that is twenty-seven pages inclusive of all parts. The Motion to Dismiss (Doc. #14) is therefore DENIED without prejudice. No later than April 9, 2025, the defendant may refile in compliance with Local Rule 3.01(a)'s page limit or move for an enlargement of the page limit. Signed by Judge Kathryn Kimball Mizelle on 4/3/2025. (BTM)
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| Filing 14 MOTION to Dismiss Plaintiff's Amended Complaint with Supporting Memorandum of Law by Sapphire Resorts. (Attachments: #1 Exhibit A, #2 Exhibit B)(Perkins, Jenny) Modified on 4/3/2025 to edit docket text (JDR). |
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Filing 13
ENDORSED ORDER granting Unopposed Motion for Extension of Time. (Doc. #12). The defendant must respond to the amended complaint no later than April 2, 2025. Signed by Judge Kathryn Kimball Mizelle on 3/24/2025. (BTM)
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer re #7 Amended Complaint or Other Response to Amended Complaint by Sapphire Resorts. (Perkins, Jenny) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Sapphire Resorts. Related case(s): No (Perkins, Jenny) |
| Filing 10 NOTICE of Lead Counsel Designation by Jenny Nicole Perkins on behalf of Sapphire Resorts. Lead Counsel: Jenny Perkins. (Perkins, Jenny) |
| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Scott Herman, Melisa Moya-Macias. (Parsons, Stephanie) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Scott Herman, Melisa Moya-Macias. Related case(s): No (Parsons, Stephanie) |
| Filing 7 AMENDED COMPLAINT against Sapphire Resorts with Jury Demand filed by Scott Herman, Melisa Moya-Macias.(Parsons, Stephanie) Modified on 3/12/2025 to edit text (ELA). |
| Filing 6 NOTICE of Lead Counsel Designation by Stephanie Parsons on behalf of Scott Herman, Melisa Moya-Macias. Lead Counsel: Stephanie Parsons, Esq.. (Parsons, Stephanie) |
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Filing 5
ENDORSED ORDER: Upon review, the Court finds this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1320 (11th Cir. 2015). Specifically, in most counts, the plaintiffs improperly reallege and incorporate by reference the previous paragraphs, (Doc. [1-1]) at 7, 9, 11, 14, 16, 17, 19, 20, 23, 26, 32, leading to a situation where most counts contain irrelevant factual allegations and legal conclusions, see id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, the complaint is DISMISSED, and the plaintiffs are granted leave to amend their complaint no later than March 14, 2025. If the plaintiffs fail to timely amend the complaint or submit another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 3/7/2025. (BTM)
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Filing 4
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after removal. Each party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 3/7/2025. (BTM)
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| Filing 3 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (JK) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:25-cv-534-KKM-SPF. (RLK) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court for the Sixth Judicial Circuit, case number 25-000075-CI filed in State Court on 01/27/2025. Filing fee $405, receipt number AFLMDC-23094898 filed by Sapphire Resorts (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Perkins, Jenny) Modified text on 3/6/2025 (JK). |
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