DUNN et al v. PIER PARK LLC et al
PATRICK DUNN and HOPE ELLY |
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 |
5:2018cv00095 |
April 13, 2018 |
US District Court for the Northern District of Florida |
Panama City Office |
Bay |
MICHAEL J FRANK |
ROBERT L HINKLE |
GARY R JONES |
Civil Rights: Americans with Disabilities - Other |
42 U.S.C. § 1983 |
None |
Docket Report
This docket was last retrieved on February 13, 2019. A more recent docket listing may be available from PACER.
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Filing 75 CLERK'S JUDGMENT re #74 . (mlp) |
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) |
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) |
Filing 72 NOTICE of Settlement by PATRICK DUNN, HOPE ELLY (BRAUN, MICHAEL) |
Filing 71 CLERK'S JUDGMENT re #70 ORDER DISMISSING THE CLAIMS AGAINST SOUTHERN. (mlp) |
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) |
Filing 69 CLERK'S JUDGMENT re #68 ORDER DISMISSING THE CLAIMS AGAINST RON JON. (mlp) |
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) |
Filing 67 NOTICE of Settlement as to Defendant SOUTHERN RESTAURANT GROUP LLC by PATRICK DUNN, HOPE ELLY (BRAUN, MICHAEL) |
Filing 66 NOTICE of Settlement as to Defendant RON JON PANAMA CITY LLC by PATRICK DUNN, HOPE ELLY (BRAUN, MICHAEL) |
Filing 65 CLERK'S JUDGMENT re #64 Order Dismissing the Claims Against Carter's. (jcw) |
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) |
Filing 63 NOTICE of Settlement Carters Retail, Inc. by PATRICK DUNN, HOPE ELLY (BRAUN, MICHAEL) |
Filing 62 CLERK'S JUDGMENT re #61 . DISMISSING THE CLAIMS AGAINST WHITE SHORES MARKETING, LLC (mlp) |
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) |
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) |
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). |
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) |
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) |
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) |
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) |
Filing 54 CLERK'S JUDGMENT entered pursuant to #53 Order. PIER PARK LLC and SIMON PROPERTY GROUP LP terminated. (pll) |
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) |
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) |
Filing 51 CLERK'S JUDGMENT re #50 Order. (mlp) |
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) |
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). |
Filing 48 ANSWER to #25 Amended Complaint by SOUTHERN RESTAURANT GROUP LLC. (HOFFER, STEFAN) |
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) |
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). |
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) |
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) |
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) |
Filing 42 NOTICE of Appearance by JOHN R DOWD, JR on behalf of THE FLORIDA HOUSE BOUTIQUE LLC (DOWD, JOHN) |
Filing 41 NOTICE of Settlement by PIER PARK LLC, SIMON PROPERTY GROUP LP (BLAIR, BRIAN) |
Filing 40 ANSWER to #25 Amended Complaint by RON JON PANAMA CITY LLC. (FITOS, JOSEPH) |
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) |
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). |
Filing 37 Corporate Disclosure Statement/Certificate of Interested Persons by White Shores Marketing, LLC.. (CLAYPOOL, JULIA) |
Filing 36 Affirmative Defenses and ANSWER to #25 Amended Complaint by White Shores Marketing, LLC.. (CLAYPOOL, JULIA) |
Filing 35 NOTICE of Appearance by JULIA KATHLEEN CLAYPOOL on behalf of White Shores Marketing, LLC. (CLAYPOOL, JULIA) |
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) |
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) |
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) |
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) |
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) |
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) |
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) |
Filing 27 Summons Issued as to PIER PARK LLC, SIMON PROPERTY GROUP LP. (mlp) |
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) |
Filing 25 FIRST AMENDED COMPLAINT against PIER PARK LLC, SIMON PROPERTY GROUP LP, filed by PATRICK DUNN, HOPE ELLY. (mlp) |
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) |
Filing 23 Consent MOTION for Leave to File Amended Complaint by PATRICK DUNN, HOPE ELLY. (Attachments: #1 Exhibit Amended Complaint) (BRAUN, MICHAEL) |
Set/Reset Deadline - To amend pleadings or add parties. Miscellaneous Deadline - by 8/10/2018. (mlp) |
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) |
Filing 21 MOTION for Extension of Time to File Amended Complaint by PATRICK DUNN, HOPE ELLY. (BRAUN, MICHAEL) |
Filing 19 ANSWER to #1 Complaint by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN) |
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). |
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). |
Filing 17 MOTION for Reconsideration re #14 Order on Motion to Dismiss by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN) |
Filing 16 REPORT of Rule 26(f) Planning Meeting. (BLAIR, BRIAN) |
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) |
Filing 14 ORDER DENYING THE MOTION TO DISMISS re #12 Motion to Dismiss. Signed by JUDGE ROBERT L HINKLE on 6/21/2018. (jcw) |
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) |
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) |
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) |
Filing 10 Corporate Disclosure Statement/Certificate of Interested Persons by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN) |
Filing 9 Second MOTION for Extension of Time to File Answer re #1 Complaint by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN) |
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) |
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) |
Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint by PIER PARK LLC, SIMON PROPERTY GROUP LP. (BLAIR, BRIAN) |
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) |
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) |
Filing 3 Summons Issued as to PIER PARK LLC, SIMON PROPERTY GROUP LP. (jcw) |
Filing 2 CIVIL COVER SHEET. (BRAUN, MICHAEL) |
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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