Zinn v. W.C. Bradley Co. et al
| Brian Zinn and Lawrence Dolce |
| Char-Broil, LLC and W.C. Bradley Co. |
| 1:2015cv24671 |
| December 18, 2015 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| Jonathan Goodman |
| Joan A Lenard |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 20, 2016. A more recent docket listing may be available from PACER.
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Filing 32
ENDORSED ORDER DISMISSING CASE WITH PREJUDICE. On June 17, 2016, the Parties filed their #31 Joint Stipulation of Dismissal, wherein they dismissed this case with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. The Eleventh Circuit has stated that "the plain language of Rule 41(a)(1)(A)(ii) requires that a stipulation filed pursuant to that subsection is self-executing and dismisses the case upon its becoming effective. The stipulation becomes effective upon filing unless it explicitly conditions its effectiveness on a subsequent occurrence. District courts need not and may not take action after the stipulation becomes effective because the stipulation dismisses the case and divests the district court of jurisdiction." Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Because the Parties' Stipulation did not "explicitly condition[] its effectiveness on a subsequent occurrence," id., this Court no longer has jurisdiction over this case, and accordingly, this case is CLOSED, effective June 17, 2016, the date the Parties filed their #31 Joint Stipulation of Dismissal. All pending motions are DENIED AS MOOT. Signed by Judge Joan A. Lenard on 6/20/2016. (jts)
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| Filing 31 STIPULATION of Dismissal by Lawrence Dolce, Brian Zinn (Gilman, Kenneth) |
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Filing 30
ENDORSED ORDER DENYING #29 Motion for Reconsideration. The Court reminds the parties that they may not modify the Scheduling Order or other court-imposed deadlines by agreement. IT IS SO ORDERED. Signed by Judge Joan A. Lenard on 6/17/2016. (jts)
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| Filing 29 MOTION for Reconsideration re 28 Order on Motion for Extension of Time to File Response/Reply/Answer,,,, by Lawrence Dolce, Brian Zinn. (Gilman, Kenneth) |
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Filing 28
ENDORSED ORDER GRANTING IN PART AND DENYING IN PART #27 Parties' Joint Motion for Extension of Time to File Plaintiffs' Second Amended Complaint and Defendants' responses. The Parties have informed the Court that they have conferred and agreed that Plaintiffs may file a Second Amended Complaint. (D.E. #27 .) Because Rule 15 permits for amendment with the opposing party's written consent, Plaintiffs may file their Second Amended Complaint without the Court's permission. See Fed. R. Civ. P. 15. However, because Plaintiffs have already missed their deadline to respond to Defendants' Motions to Dismiss, the Court will not agree to the generous briefing schedule the Parties have allotted for themselves. This case is almost six months old and the parties are still at the pleading stage. To ensure the timely administration of this case, the Court ORDERS the Plaintiffs to file their Second Amended Complaint on or before June 17, 2016. Defendants' response(s) shall be due on or before July 8, 2016. IT IS SO ORDERED. Signed by Judge Joan A. Lenard on 6/15/2016. (jts)
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #16 MOTION to Dismiss for Lack of Jurisdiction #7 Amended Complaint And Incorporated Memorandum of Law, #15 MOTION TO DISMISS #7 Amended Complaint FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Lawrence Dolce, Brian Zinn. (Gilman, Kenneth) |
| Filing 26 Clerks Notice of Docket Correction. Document Filed in Wrong Case; Document restricted and docket text modified. (dp) |
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Filing 25
*ORDER, ( Telephone Conference set for 7/6/2016 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman.) Signed by Magistrate Judge Jonathan Goodman on 6/3/2016. (mso)
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Filing 24
Order Requiring Certificate of Counsel Regarding Any Prior Filings under the Americans with Disabilities Act. Signed by Judge Joan A. Lenard on 06/03/16. (dp)
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Filing 23
Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 06/03/16. (dp)
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Filing 22
Order Referring Preliminary Status Conference, Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Jonathan Goodman; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; and Requiring Completion of Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 06/03/16. (Attachments: #1 Appendix, #2 Appendix) (dp)
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Filing 21
ENDORSED ORDER GRANTING #20 W.C. Bradley Co.'s Motion to Adopt the arguments raised in Char-Broil, L.L.C.'s Motion to Dismiss. Signed by Judge Joan A. Lenard on 6/2/2016. (jts)
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| Filing 20 Unopposed MOTION To Incorporate the Arguments Raised in Char-Broil, L.L.C.'s Motion to Dismiss First Amended Class Action Complaint For Failure to State a Cause of Action and Incorporated Memorandum of Law [D.E. 15] into W.C. Bradley Co.'s Motion to Dismiss for Lack of Personal Jurisdiction and Incorporated Memorandum of Law [D.E. 16] re #16 MOTION to Dismiss for Lack of Jurisdiction #7 Amended Complaint And Incorporated Memorandum of Law, #15 MOTION TO DISMISS #7 Amended Complaint FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by W.C. Bradley Co.. (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
| Filing 19 Certificate of Interested Parties/Corporate Disclosure Statement by Char-Broil, LLC, W.C. Bradley Co. (Brady, Julie) |
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Filing 18
ENDORSED ORDER GRANTING #17 Plaintiffs' Unopposed Motion for Extension of Time to File Response(s) to Defendants' Motions to Dismiss. Plaintiffs' Responses are now due on or before May 31, 2016. Signed by Judge Joan A. Lenard on 5/10/2016. (jts)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #16 MOTION to Dismiss for Lack of Jurisdiction #7 Amended Complaint And Incorporated Memorandum of Law, #15 MOTION TO DISMISS #7 Amended Complaint FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Lawrence Dolce, Brian Zinn. (Gilman, Kenneth) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction #7 Amended Complaint And Incorporated Memorandum of Law by W.C. Bradley Co.. Responses due by 5/19/2016 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brady, Julie) |
| Filing 15 MOTION TO DISMISS #7 Amended Complaint FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Char-Broil, LLC. Responses due by 5/19/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brady, Julie) |
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Filing 14
ENDORSED ORDER GRANTING #11 Defendants' Motion for Extension of Time to File Response/Answer to Plaintiff's Amended Complaint. Defendants shall now have until May 2, 2016, to file their response to Plaintiff's Amended Complaint. Signed by Judge Joan A. Lenard on 4/5/2016. (jts)
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| Filing 13 NOTICE of Attorney Appearance by Julie Singer Brady on behalf of Char-Broil, LLC, W.C. Bradley Co.. Attorney Julie Singer Brady added to party Char-Broil, LLC(pty:dft), Attorney Julie Singer Brady added to party W.C. Bradley Co.(pty:dft). (Brady, Julie) |
| Filing 12 NOTICE of Attorney Appearance by Jerry R. Linscott on behalf of Char-Broil, LLC, W.C. Bradley Co.. Attorney Jerry R. Linscott added to party Char-Broil, LLC(pty:dft), Attorney Jerry R. Linscott added to party W.C. Bradley Co.(pty:dft). (Linscott, Jerry) |
| Filing 11 Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Amended Complaint re #7 Amended Complaint by Char-Broil, LLC, W.C. Bradley Co.. Attorney Kristen Nichole Hawes added to party Char-Broil, LLC(pty:dft), Attorney Kristen Nichole Hawes added to party W.C. Bradley Co.(pty:dft). Responses due by 4/21/2016 (Attachments: #1 Text of Proposed Order)(Hawes, Kristen) Modified relief on 4/4/2016 (jua). |
| Filing 10 Summons Issued as to Char-Broil, LLC, W.C. Bradley Co.. (jua) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint with a 21 day response/answer filing deadline by Brian Zinn, Lawrence Dolce. Char-Broil, LLC served on 3/21/2016, answer due 4/11/2016; W.C. Bradley Co. served on 3/21/2016, answer due 4/11/2016. (Gilman, Kenneth) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by Lawrence Dolce, Brian Zinn (Attachments: #1 Summon(s) Char-Broil, #2 Summon(s) WC Bradley) (Gilman, Kenneth) |
| Filing 7 First AMENDED COMPLAINT against All Defendants, filed by Brian Zinn, Lawrence Dolce.(Gilman, Kenneth) |
| Filing 6 Summons Issued as to Char-Broil, LLC, W.C. Bradley Co.. (jua) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Brian Zinn (Attachments: #1 Summon(s), #2 Summon(s)) (Gilman, Kenneth) |
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Filing 4
ADVISORY. Plaintiff filed the instant action on December 18, 2015. (D.E. #1 .) Federal Rule of Civil Procedure 4(m) requires that the Plaintiff serve the Defendants within ninety (90) of the Complaint being filed. Under the Rule, if service is not timely made, "the [C]ourt -- on motion or on its own after notice to the plaintiff -- must dismiss the action without prejudice against that defendant...." Plaintiff must file proofs of service as to each Defendant, see Fed. R. Civ. P. 4(l), on or before March 21, 2016, or the undersigned will dismiss Plaintiff's claims without prejudice. IT IS SO ORDERED. Signed by Judge Joan A. Lenard on 2/22/2016. (jts)
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| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (jua) |
| Filing 2 Judge Assignment to Judge Joan A. Lenard (jua) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-8339300, filed by Brian Zinn. (Attachments: #1 Civil Cover Sheet)(Gilman, Kenneth) |
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