DUNN et al v. PIER PARK LLC et al
Plaintiff: PATRICK DUNN and HOPE ELLY
Defendant: SIMON PROPERTY GROUP LP, PIER PARK LLC, CARTER'S RETAIL INC, ISLAND T-SHIRT COMPANY, WHITE SHORES MARKETING LLC, THE FLORIDA HOUSE BOUTIQUE LLC, RON JON PANAMA CITY LLC and SOUTHERN RESTAURANT GROUP LLC
Case Number: 5:2018cv00095
Filed: April 13, 2018
Court: US District Court for the Northern District of Florida
Office: Panama City Office
County: Bay
Presiding Judge: MICHAEL J FRANK
Referring Judge: ROBERT L HINKLE
2 Judge: GARY R JONES
Nature of Suit: Civil Rights: Americans with Disabilities - Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 13, 2019 Filing 75 CLERK'S JUDGMENT re #74 . (mlp)
February 13, 2019 Opinion or Order Filing 74 ORDER FOR DISMISSAL: The plaintiffs and the defendant Island T-Shirt Company must comply with their settlement agreement. All claims other than for enforcement of the settlement agreement are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41. The clerk must enter judgment stating, "The plaintiffs and the defendant Island T-Shirt Company are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All remaining claims in this case among all parties are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41." The clerk must close the file. A party who objects to the terms of this order or the judgment to be entered based on this order must file a timely motion to alter or amend under Federal Rule of Civil Procedure 59(e). Signed by JUDGE ROBERT L HINKLE on 2/13/19. (mlp)
February 13, 2019 Filing 73 NOTICE OF CANCELLATION: The pretrial conference scheduled for February 13, 2019, at 10:00 a.m. EST is canceled pursuant to #72 Notice of Settlement. (ckm)
February 12, 2019 Filing 72 NOTICE of Settlement by PATRICK DUNN, HOPE ELLY (BRAUN, MICHAEL)
February 7, 2019 Filing 71 CLERK'S JUDGMENT re #70 ORDER DISMISSING THE CLAIMS AGAINST SOUTHERN. (mlp)
February 7, 2019 Opinion or Order Filing 70 ORDER DISMISSING THE CLAIMS AGAINST SOUTHERN re #67 . The plaintiffs and Southern must comply with their settlement agreement. All claims against Southern other than for enforcement of the settlement agreement are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41. Jurisdiction is retained to enforce the order to comply with the settlement agreement. The clerk must enter a judgment stating, "The plaintiffs and the defendant Southern Restaurant Group LLC are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims against this defendant are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 54(b)." A party who objects to the terms of this order or the judgment to be entered based on this order must file a timely motion to alter or amend under Federal Rule of Civil Procedure 59(e). Signed by JUDGE ROBERT L HINKLE on 2/7/19. (mlp)
February 7, 2019 Filing 69 CLERK'S JUDGMENT re #68 ORDER DISMISSING THE CLAIMS AGAINST RON JON. (mlp)
February 7, 2019 Opinion or Order Filing 68 ORDER DISMISSING THE CLAIMS AGAINST RON JON re #66 . The plaintiffs and Ron Jon must comply with their settlement agreement. All claims against Ron Jon other than for enforcement of the settlement agreement are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41. Jurisdiction is retained to enforce the order to comply with the settlement agreement. The clerk must enter a judgment stating, "The plaintiffs and the defendant Ron Jon Panama City LLC are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims against this defendant are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 54(b)." A party who objects to the terms of this order or the judgment to be entered based on this order must file a timely motion to alter or amend under Federal Rule of Civil Procedure 59(e). Signed by JUDGE ROBERT L HINKLE on 2/7/19. (mlp)
January 24, 2019 Filing 67 NOTICE of Settlement as to Defendant SOUTHERN RESTAURANT GROUP LLC by PATRICK DUNN, HOPE ELLY (BRAUN, MICHAEL)
January 24, 2019 Filing 66 NOTICE of Settlement as to Defendant RON JON PANAMA CITY LLC by PATRICK DUNN, HOPE ELLY (BRAUN, MICHAEL)
January 22, 2019 Filing 65 CLERK'S JUDGMENT re #64 Order Dismissing the Claims Against Carter's. (jcw)
January 19, 2019 Opinion or Order Filing 64 ORDER DISMISSING THE CLAIMS AGAINST CARTER'S re #63 Notice of Settlement. All claims against Carter's other than for enforcement of the settlement agreement are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41. Jurisdiction is retained to enforce the order to comply with the settlement agreement. The clerk must enter a judgment stating, "The plaintiffs and the defendant Carter's Retail, Inc. are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims against this defendant are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 54(b)." Signed by JUDGE ROBERT L HINKLE on 1/19/2019. (jcw)
December 30, 2018 Filing 63 NOTICE of Settlement Carters Retail, Inc. by PATRICK DUNN, HOPE ELLY (BRAUN, MICHAEL)
December 4, 2018 Filing 62 CLERK'S JUDGMENT re #61 . DISMISSING THE CLAIMS AGAINST WHITE SHORES MARKETING, LLC (mlp)
December 3, 2018 Opinion or Order Filing 61 ORDER DISMISSING CLAIMS AGAINST WHITE SHORES MARKETING, LLC #60 is granted. The plaintiffs and this defendant must comply with their settlement agreement. All claims against this defendant other than for enforcement of the settlement agreement are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41. Jurisdiction is retained to enforce the order to comply with the settlement agreement. The clerk must enter a judgment stating, "The plaintiffs and the defendant White Shores Marketing, LLC are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims against this defendant are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 54(b).". A party who objects to the terms of this order or the judgment to beentered based on this order must file a timely motion to alter or amend underFederal Rule of Civil Procedure 59(e).. Signed by JUDGE ROBERT L HINKLE on 12/3/18. (mlp)
November 30, 2018 Filing 60 MOTION to Dismiss White Shores Marketing, LLC by PATRICK DUNN, HOPE ELLY. (Internal deadline for referral to judge if response not filed earlier: 12/14/2018). (BRAUN, MICHAEL)
November 29, 2018 Opinion or Order Filing 59 ORDER FOR PRETRIAL CONFERENCE: Attorney Conference to take place by 1/23/2019. Pretrial Stipulation due by 2/6/2019. Pretrial Conference set for 2/13/2019 10:00 EST AM before JUDGE ROBERT L HINKLE by telephone; the number to call is (850) 521-3601. Jury Trial set for 3/4/2019 08:15 EST AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Signed by JUDGE ROBERT L HINKLE on 11/29/18. (mlp) Modified on 1/18/2019 to change Bench Trial to Jury Trial (ckm).
November 28, 2018 Opinion or Order Filing 58 ORDER EXTENDING THE DEADLINE FOR CARTER'S TO RESPOND TO THE AMENDED COMPLAINT re #57 is granted. Internal deadline for referral to judge if response not filed earlier: 12/28/2018. Signed by JUDGE ROBERT L HINKLE on 11/28/18. (mlp)
November 27, 2018 Filing 57 Third MOTION for Extension of Time to File Answer re #25 Amended Complaint by CARTER'S RETAIL INC. (Attachments: #1 Certificate of Service) (LAGUERRE, SALOMON)
October 18, 2018 Opinion or Order Filing 56 ORDER EXTENDING THE DEADLINE FOR CARTER'S TO RESPOND TO THE AMENDED COMPLAINT. The second unopposed motion of the defendant Carter's Retail, Inc., ECF No. #55 , to extend the deadline to respond to the amended complaint is granted. The deadline is extended to 11/28/2018. Signed by JUDGE ROBERT L HINKLE on 10/18/2018. (kjw)
October 17, 2018 Filing 55 Second MOTION for Extension of Time to File Response/Reply as to #25 Amended Complaint (Unopposed) by Carter's Retail Inc.. (LAGUERRE, SALOMON)
October 16, 2018 Filing 54 CLERK'S JUDGMENT entered pursuant to #53 Order. PIER PARK LLC and SIMON PROPERTY GROUP LP terminated. (pll)
October 16, 2018 Opinion or Order Filing 53 ORDER DISMISSING THE CLAIMS AGAINST PIER PARK, LLC AND SIMON PROPERTY GROUP, L.P. GRANTING #52 MOTION to Dismiss Pier Park, LLC and Simon Property Group, L.P.. The clerk must enter a judgment stating, The plaintiffs and the defendants Pier Park, LLC and Simon Property Group, L.P. are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims against these defendants are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 54(b). Signed by JUDGE ROBERT L HINKLE on 10/16/18. (pll)
October 10, 2018 Filing 52 MOTION to Dismiss Pier Park, LLC and Simon Property Group, L.P. by PATRICK DUNN, HOPE ELLY. (Internal deadline for referral to judge if response not filed earlier: 10/24/2018). (BRAUN, MICHAEL)
October 4, 2018 Filing 51 CLERK'S JUDGMENT re #50 Order. (mlp)
October 3, 2018 Opinion or Order Filing 50 ORDER DISMISSING THE CLAIMS AGAINST THE FLORIDA HOUSE BOUTIQUE LLC re #49 . The clerk must enter judgment stating, "Based on Federal Rules of Civil Procedure 54(b), the claims against the defendant The Florida House Boutique LLC are dismissed with prejudice.". Signed by JUDGE ROBERT L HINKLE on 10/03/2018. (mlp)
October 2, 2018 Filing 49 JOINT STIPULATION OF PRO TANTO DISMISSAL of The Florida House Boutique LLC by PATRICK DUNN, HOPE ELLY. (BRAUN, MICHAEL) Modified title on 10/3/2018 (mlp).
September 26, 2018 Filing 48 ANSWER to #25 Amended Complaint by SOUTHERN RESTAURANT GROUP LLC. (HOFFER, STEFAN)
September 24, 2018 Opinion or Order Filing 47 ORDER EXTENDING THE DEADLINE FOR CARTER'S TO RESPOND TO THE AMENDED COMPLAINT re #46 is granted. (Internal deadline for referral to judge if response not filed earlier: 10/29/2018.). Signed by JUDGE ROBERT L HINKLE on 9/24/18. (mlp)
September 21, 2018 Filing 46 UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFFS' AMENDED COMPLAINT re #25 Amended Complaint (Unopposed Motion) by Carter's Retail Inc.. (LAGUERRE, SALOMON) Modified title on 9/24/2018 (mlp).
September 19, 2018 Opinion or Order Filing 45 ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE MICHAEL J FRANK for all further proceedings. MAGISTRATE JUDGE GARY R JONES no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 9/19/18. **Please use the new initials RH/MJF on all future pleadings; i.e. 5:18cv95-RH/MJF. (pll)
September 12, 2018 Filing 44 SUMMONS Returned Executed by HOPE ELLY, PATRICK DUNN. Carter's Retail Inc. served on 9/5/2018, answer due 9/26/2018. (BRAUN, MICHAEL)
September 11, 2018 Opinion or Order Filing 43 ORDER EXTENDING ALL DEADLINES re #41 is granted. All deadlines that had not passed as of September 10, 2018 are extended 30 days.(Miscellaneous Deadline - by 10/11/2018). Signed by JUDGE ROBERT L HINKLE on 9/11/18. (mlp)
September 11, 2018 Filing 42 NOTICE of Appearance by JOHN R DOWD, JR on behalf of THE FLORIDA HOUSE BOUTIQUE LLC (DOWD, JOHN)
September 10, 2018 Filing 41 NOTICE of Settlement by PIER PARK LLC, SIMON PROPERTY GROUP LP (BLAIR, BRIAN)
September 10, 2018 Filing 40 ANSWER to #25 Amended Complaint by RON JON PANAMA CITY LLC. (FITOS, JOSEPH)
September 10, 2018 Opinion or Order Filing 39 ORDER EXTENDING THE DEADLINE FOR SOUTHERN RESTAURANT TO RESPOND TO THE COMPLAINT re #38 is granted. The deadline is extended to September 26, 2018. (Internal deadline for referral to judge if response not filed earlier: 9/26/2018). Signed by JUDGE ROBERT L HINKLE on 9/10/18. (mlp)
September 6, 2018 Filing 38 UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO COMPLAINT by Southern Restaurant Group, LLC. (HOFFER, STEFAN) Modified title on 9/7/2018 (mlp).
September 6, 2018 Filing 37 Corporate Disclosure Statement/Certificate of Interested Persons by White Shores Marketing, LLC.. (CLAYPOOL, JULIA)
September 6, 2018 Filing 36 Affirmative Defenses and ANSWER to #25 Amended Complaint by White Shores Marketing, LLC.. (CLAYPOOL, JULIA)
September 6, 2018 Filing 35 NOTICE of Appearance by JULIA KATHLEEN CLAYPOOL on behalf of White Shores Marketing, LLC. (CLAYPOOL, JULIA)
September 4, 2018 Opinion or Order Filing 34 ORDER granting #33 Motion for Extension of Time to File Response/Reply (Internal deadline for referral to judge if response not filed earlier: 9/10/2018).). Signed by JUDGE ROBERT L HINKLE on 9/4/18. (mlp)
August 27, 2018 Filing 33 MOTION for Extension of Time to File Response/Reply as to #25 Amended Complaint by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN)
August 23, 2018 Filing 32 SUMMONS Returned Executed by HOPE ELLY, PATRICK DUNN. Southern Restaurant Group, LLC served on 8/15/2018, answer due 9/5/2018. (BRAUN, MICHAEL)
August 20, 2018 Filing 31 SUMMONS Returned Executed by PATRICK DUNN, HOPE ELLY. White Shores Marketing, LLC. served on 8/16/2018, answer due 9/6/2018. (BRAUN, MICHAEL)
August 20, 2018 Filing 30 SUMMONS Returned Executed by PATRICK DUNN, HOPE ELLY. The Florida House Boutique LLC served on 8/16/2018, answer due 9/6/2018. (BRAUN, MICHAEL)
August 20, 2018 Filing 29 SUMMONS Returned Executed by PATRICK DUNN, HOPE ELLY. Island T-Shirt Company served on 8/16/2018, answer due 9/6/2018. (BRAUN, MICHAEL)
August 20, 2018 Filing 28 SUMMONS Returned Executed by PATRICK DUNN, HOPE ELLY. Ron Jon Panama City, LLC served on 8/17/2018, answer due 9/7/2018. (BRAUN, MICHAEL)
August 15, 2018 Filing 27 Summons Issued as to PIER PARK LLC, SIMON PROPERTY GROUP LP. (mlp)
August 14, 2018 Filing 26 NOTICE of Filing Summons by PATRICK DUNN, HOPE ELLY (Attachments: #1 Summons Florida House, #2 Summons Island Tshirt Company, #3 Summons Ron Jon, #4 Summons White Shore, #5 Summons Pompano Joes) (BRAUN, MICHAEL)
August 13, 2018 Filing 25 FIRST AMENDED COMPLAINT against PIER PARK LLC, SIMON PROPERTY GROUP LP, filed by PATRICK DUNN, HOPE ELLY. (mlp)
August 13, 2018 Opinion or Order Filing 24 ORDER granting LEAVE TO FILE THE FIRST AMENDED COMPLAINT re #23 . The first amended complaint, ECF No. 23-1, is deemed filed as of August 13, 2018. Signed by JUDGE ROBERT L HINKLE on 8/13/18. (mlp)
August 10, 2018 Filing 23 Consent MOTION for Leave to File Amended Complaint by PATRICK DUNN, HOPE ELLY. (Attachments: #1 Exhibit Amended Complaint) (BRAUN, MICHAEL)
August 1, 2018 Set/Reset Deadline - To amend pleadings or add parties. Miscellaneous Deadline - by 8/10/2018. (mlp)
July 30, 2018 Opinion or Order Filing 22 ORDER EXTENDING THE DEADLINE TO AMEND PLEADINGS OR ADD PARTIES re #21 to extend the deadline to amend pleadings or add parties is granted. The deadline is extended to August 10, 2018. Signed by JUDGE ROBERT L HINKLE on 7/30/18. (mlp)
July 27, 2018 Filing 21 MOTION for Extension of Time to File Amended Complaint by PATRICK DUNN, HOPE ELLY. (BRAUN, MICHAEL)
July 5, 2018 Filing 19 ANSWER to #1 Complaint by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN)
July 3, 2018 Opinion or Order Filing 20 SCHEDULING AND MEDIATION ORDER : re #16 Rule 26 Meeting Report. Discovery due by 12/21/2018. Dispositive Motions to be filed by 1/11/2019. Jury Trial set for 3/4/2019 08:15 AM in U.S. Courthouse Panama City before JUDGE ROBERT L HINKLE. Mediation Report due by 1/18/2019. Signed by JUDGE ROBERT L HINKLE on 7/3/18. (mlp) Modified deadlines on 7/9/2018 (mlp).
July 3, 2018 Opinion or Order Filing 18 ORDER DENYING #17 THE MOTION TO RECONSIDER. Signed by JUDGE ROBERT L HINKLE on 7/3/18. (mlp) Modified title on 7/6/2018 (mlp).
July 2, 2018 Filing 17 MOTION for Reconsideration re #14 Order on Motion to Dismiss by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN)
June 28, 2018 Filing 16 REPORT of Rule 26(f) Planning Meeting. (BLAIR, BRIAN)
June 21, 2018 Opinion or Order Filing 15 ORDER DENYING AS MOOT THE MOTION TO EXTEND THE DEADLINE TO RESPOND TO THE MOTION TO DISMISS re #13 Motion for Extension of Time to File Response/Reply. Signed by JUDGE ROBERT L HINKLE on 6/21/2018. (jcw)
June 21, 2018 Opinion or Order Filing 14 ORDER DENYING THE MOTION TO DISMISS re #12 Motion to Dismiss. Signed by JUDGE ROBERT L HINKLE on 6/21/2018. (jcw)
June 19, 2018 Filing 13 Consent MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss by PATRICK DUNN, HOPE ELLY. (BRAUN, MICHAEL)
June 8, 2018 Filing 12 MOTION to Dismiss by PIER PARK LLC, SIMON PROPERTY GROUP LP. (Internal deadline for referral to judge if response not filed earlier: 6/22/2018). (BLAIR, BRIAN)
May 23, 2018 Opinion or Order Filing 11 ORDER EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT re granting #9 Motion for Extension of Time to Answer. The deadline is extended to June 8, 2018. Signed by JUDGE ROBERT L HINKLE on 5/23/2018. PIER PARK LLC answer due 6/8/2018; SIMON PROPERTY GROUP LP answer due 6/8/2018. (jcw)
May 21, 2018 Filing 10 Corporate Disclosure Statement/Certificate of Interested Persons by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN)
May 21, 2018 Filing 9 Second MOTION for Extension of Time to File Answer re #1 Complaint by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN)
May 14, 2018 Opinion or Order Filing 8 INITIAL SCHEDULING ORDER :. Signed by JUDGE ROBERT L HINKLE on 5/14/2018. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/29/2018. Rule 26 Meeting Report due by 6/27/2018. Discovery due by 9/10/2018. (jcw)
May 10, 2018 Opinion or Order Filing 7 ORDER EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT re granting #6 Motion for Extension of Time to Answer. Signed by JUDGE ROBERT L HINKLE on 5/10/2018. PIER PARK LLC answer due 5/22/2018; SIMON PROPERTY GROUP LP answer due 5/22/2018. (jcw)
May 3, 2018 Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN)
April 19, 2018 Filing 5 SUMMONS Returned Executed by PATRICK DUNN, HOPE ELLY. PIER PARK LLC served on 4/18/2018, answer due 5/9/2018. (BRAUN, MICHAEL)
April 19, 2018 Filing 4 SUMMONS Returned Executed by PATRICK DUNN, HOPE ELLY. SIMON PROPERTY GROUP LP served on 4/18/2018, answer due 5/9/2018. (BRAUN, MICHAEL)
April 17, 2018 Filing 3 Summons Issued as to PIER PARK LLC, SIMON PROPERTY GROUP LP. (jcw)
April 13, 2018 Filing 2 CIVIL COVER SHEET. (BRAUN, MICHAEL)
April 13, 2018 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number AFLNDC-4150703.), filed by PATRICK DUNN, HOPE ELLY. (Attachments: #1 Summons to Pier Park LLC, #2 Summons to Simon Property Group LP) (BRAUN, MICHAEL)

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Plaintiff: PATRICK DUNN
Represented By: MICHAEL FRANKLIN BRAUN
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Plaintiff: HOPE ELLY
Represented By: MICHAEL FRANKLIN BRAUN
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Defendant: SIMON PROPERTY GROUP LP
Represented By: BRIAN CLAYBORNE BLAIR
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Defendant: PIER PARK LLC
Represented By: BRIAN CLAYBORNE BLAIR
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Defendant: CARTER'S RETAIL INC
Represented By: SALOMON LAGUERRE
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Defendant: ISLAND T-SHIRT COMPANY
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Defendant: WHITE SHORES MARKETING LLC
Represented By: JULIA KATHLEEN CLAYPOOL
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Defendant: THE FLORIDA HOUSE BOUTIQUE LLC
Represented By: JOHN R DOWD, JR
Represented By: JACOB SHELBY COOK
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Defendant: RON JON PANAMA CITY LLC
Represented By: JOSEPH ROBINSON FITOS
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Defendant: SOUTHERN RESTAURANT GROUP LLC
Represented By: STEFAN THOMAS PEAVEY HOFFER
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