BRE Throne Beneva Village Shops, LLC et al v. Pet Supermarket, Inc.
| BRE Throne Beneva Village Shops, LLC and New Plan Florida Holdings, LLC |
| Pet Supermarket, Inc. |
| Gregory Holder |
| Pet Supermarket, Inc. |
| New Plan Florida Holdings, LLC |
| 8:2026cv00632 |
| March 11, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 4, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
ENDORSED ORDER striking #26 and #27 Defendant Pet Supermarket, Inc.'s and Plaintiff BRE Throne Beneva Village Shops, LLC's notices of serving initial disclosures. Counsel are reminded that discovery materials are not to be filed with the Court as a matter of course. See Middle District Discovery (2021) 1.C.1. Signed by Magistrate Judge Christopher P. Tuite on 5/4/2026. (EE)
|
| Filing 27 **STRICKEN, Per Endorsed Order #28** - NOTICE by BRE Throne Beneva Village Shops, LLC Service of Initial Disclosures (Traub, Seth) Modified on 5/5/2026 to edit docket text. (WLB). |
| Filing 26 **STRICKEN, Per Endorsed Order #28** - NOTICE by Pet Supermarket, Inc. Service of Initial Disclosures (Topolski, Scott) Modified on 5/5/2026 to edit docket text. (WLB). |
| Filing 25 REPLY to #12 Counterclaim by New Plan Florida Holdings, LLC. Related document: #12 Answer to Complaint Counterclaim filed by Pet Supermarket, Inc. (Attachments: #1 Exhibit 1 - Just Puppies Lease)(Traub, Seth) Modified on 4/28/2026 as to docket text (LJC). |
|
Filing 24
ENDORSED ORDER granting as unopposed Plaintiffs' "Agreed Motion to Strike Defendants' Demand for Jury Trial." (Doc. #22). Defendant's demand for trial by jury (Doc. #12 at 9) is hereby stricken. Signed by Judge Virginia M. Hernandez Covington on 4/27/2026. (ATI)
|
| Filing 23 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Pet Supermarket, Inc. (Topolski, Scott) |
| Filing 22 MOTION to Strike Defendants' Demand for Jury Trial (Agreed) by New Plan Florida Holdings, LLC. (Traub, Seth) |
| Filing 21 RETURN of service executed on March 16, 2026 by New Plan Florida Holdings, LLC as to Pet Supermarket, Inc. (Traub, Seth) Modified on 4/27/2026 to edit the docket text (RPB). |
|
Filing 20
ENDORSED ORDER: Defendant has answered the complaint (Doc. #12), but Plaintiffs have not yet filed proof of service of process as required by Local Rule 1.10. Accordingly, Plaintiffs are directed to file proof of service of process by May 1, 2026. Signed by Judge Virginia M. Hernandez Covington on 4/24/2026. (ATI)
|
|
Filing 19
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 4/23/2026. (GSO)
|
|
Filing 18
ENDORSED ORDER: In light of the Court's #17 Case Management and Scheduling Order, no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 4/23/2026. (GSO)
|
|
Filing 17
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by September 30, 2026. Dispositive motions due by October 16, 2026. Pretrial Conference scheduled for February 11, 2027, at 9:00 AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Bench Trial scheduled for the March 2027 trial calendar in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Conduct mediation by October 7, 2026. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 4/23/2026. (GSO)
|
| Filing 16 CASE MANAGEMENT REPORT. (Traub, Seth) |
| Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Pet Supermarket, Inc. identifying Corporate Parent Pet Retail Brands, Inc., Corporate Parent Black Street Capital Holdings, LLC for Pet Supermarket, Inc., Pet Supermarket, Inc... (Topolski, Scott) |
| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Pet Supermarket, Inc. identifying Corporate Parent Pet Retail Brands, Inc., Corporate Parent Black Street Capital Holdings, LLC for Pet Supermarket, Inc., Pet Supermarket, Inc... (Topolski, Scott) |
|
Filing 13
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by April 20, 2026, file a completed uniform 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 4/6/2026. (ATI)
|
| Filing 12 DEFENDANT, PET SUPERMARKET ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against New Plan Florida Holdings, LLC by Pet Supermarket, Inc.. (Attachments: #1 Exhibit Freedom Lease)(Topolski, Scott) |
| Filing 11 NOTICE of Lead Counsel Designation by Seth P. Traub on behalf of BRE Throne Beneva Village Shops, LLC, New Plan Florida Holdings, LLC. Lead Counsel: Jaime Austrich, Esq. (Traub, Seth) Modified on 3/12/2026 to edit docket text (MSN). |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by BRE Throne Beneva Village Shops, LLC, New Plan Florida Holdings, LLC. Related case(s): No (Traub, Seth) |
| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by BRE Throne Beneva Village Shops, LLC, New Plan Florida Holdings, LLC identifying Corporate Parent Brixmor Property Group, Inc., Corporate Parent BRE Throne Beneva Village Shops, LLC, Corporate Parent BRX Holdings LLC, Corporate Parent Brixmor Operating Partnership LP, Corporate Parent Brixmor OP GP LLC, Corporate Parent BPG Sub LLC, Corporate Parent BPG SUB TRS LLC, Corporate Parent BPG Subsidiary LLC for BRE Throne Beneva Village Shops, LLC; Corporate Parent Brixmor Property Group, Inc., Corporate Parent Brixmor Operating Partnership LP, Corporate Parent Brixmor OP GP LLC, Corporate Parent BPG Sub LLC, Corporate Parent BPG SUB TRS LLC, Corporate Parent BPG Subsidiary LLC, Corporate Parent Brixmor LLC, Corporate Parent Super LLC for New Plan Florida Holdings, LLC. (Traub, Seth) Modified text on 3/12/2026 (EGP). |
| Filing 8 SUMMONS issued as to Pet Supermarket, Inc. (MSN) |
| Filing 7 NOTICE TO COUNSEL Jaime Austrich and Seth P. Traub 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). (MSN) |
| Filing 6 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). (CAB) |
| Filing 5 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 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). (CAB) |
| Filing 4 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by BRE Throne Beneva Village Shops, LLC, New Plan Florida Holdings, LLC identifying Corporate Parent Brixmor Property Group, Inc., Corporate Parent BRE Throne Beneva Village Shops, LLC, Corporate Parent BRX Holdings LLC, Corporate Parent Brixmor Operating Partnership LP, Corporate Parent Brixmor OP GP LLC, Corporate Parent BPG Sub LLC, Corporate Parent BPG SUB TRS LLC, Corporate Parent BPG Subsidiary LLC for BRE Throne Beneva Village Shops, LLC; Corporate Parent Brixmor Property Group, Inc., Corporate Parent Brixmor Operating Partnership LP, Corporate Parent Brixmor OP GP LLC, Corporate Parent BPG Sub LLC, Corporate Parent BPG SUB TRS LLC, Corporate Parent BPG Subsidiary LLC, Corporate Parent Brixmor LLC, Corporate Parent Super LLC for New Plan Florida Holdings, LLC. (Traub, Seth) Modified text on 3/12/2026 (EGP). |
| Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:26-cv-632-VMC-CPT. (AA) |
| Filing 2 PROPOSED summons to be issued by BRE Throne Beneva Village Shops, LLC, New Plan Florida Holdings, LLC. (Traub, Seth) |
| Filing 1 COMPLAINT against Pet Supermarket, Inc. (Filing fee $405 receipt number AFLMDC-24595531) filed by BRE Throne Beneva Village Shops, LLC, New Plan Florida Holdings, LLC. (Attachments: #1 Exhibit 1 - BRE Corporate Structure Chart, #2 Exhibit 2 - New Plan Florida Holdings LLC Corporate Structure Chart, #3 Exhibit 3 - Beneva Lease, #4 Exhibit 4 - Beneva Payment Demand, #5 Exhibit 5 - Freedom Lease, #6 Exhibit 6 - Freedom Payment Demand, #7 Civil Cover Sheet)(Traub, Seth) |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. 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.
