Capital Sales & Marketing, Inc. v. NCL (Bahamas) Ltd.
| Capital Sales & Marketing, Inc. |
| NCL (Bahamas) Ltd. d/b/a Norwegian Cruise Line and NCL (Bahamas) Ltd. |
| 1:2019cv20736 |
| February 25, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Contract: Marine |
| 28 U.S.C. § 1333 |
| None |
Docket Report
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Filing 20
ENDORSED ORDER granting #7 Defendant's Motion to Dismiss and Strike Attorney's Fee Demand and denying #8 9 Plaintiffs Motion for Sanctions. In the Complaint, Plaintiff fails to identify any specific cause of action asserted against the Defendant. Further, the factual allegations in the Complaint are so conclusory and vague that they fail to give Defendant adequate notice of the claims against [it] and the grounds upon which each claim rests. Weiland v. Palm Beach Cnty. Sheriff's Office, 792 F.3d 1313, 1323 (11th Cir. 2015). For example, Plaintiff fails to identify the purchase orders at issue, relevant time frames, and whether the agreements and purchase commitments were written or oral. Finally, Plaintiff's Motion for Sanctions #8 9 is DENIED. The Complaint is DISMISSED without prejudice. Plaintiff shall file an amended Complaint on or before May 3, 2019. This action shall be closed for administrative purposes. Either party may move to reopen when warranted. Signed by Judge Darrin P. Gayles (isc)
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| Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Capital Sales & Marketing, Inc. (Roberts, Lawrence) |
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Filing 18
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before May 2, 2019, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles. See attached document for full details. (isc)
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| Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement by NCL (Bahamas) Ltd. identifying Corporate Parent NCLC Holdings Ltd., Corporate Parent Norwegian Cruise Line Holdings Ltd., Corporate Parent AIF VI NCL (AIV), L.P., Corporate Parent Apollo Overseas Partners (Delaware 892) VI, L.P., Corporate Parent Apollo Overseas Partners VI, L.P., Corporate Parent Apollo Overseas Partners (Germany) VI, L.P., Corporate Parent AIF VI Euro Holdings, L.P., Corporate Parent AIF VII Euro Holdings, L.P., Corporate Parent Apollo Alternative Assets, L.P., Corporate Parent Apollo Management VI, L.P., Corporate Parent Apollo Management VII, L.P., Corporate Parent AAA Guarantor Co-Invest VII, L.P., Corporate Parent AIF VI NCL (AIV II), LP, Corporate Parent AIF VI NCL (AIV III) LP, Corporate Parent AIF VI NCL (AIV IV) LP, Corporate Parent NCL Athene LLC, Apollo Overseas Partners (Delaware) VI, L.P. for NCL (Bahamas) Ltd. (Bagley, Paul) |
| Filing 16 NOTICE of Striking #14 Certificate of Other Affiliates/Corporate Disclosure Statement filed by NCL (Bahamas) Ltd. by NCL (Bahamas) Ltd. (Bagley, Paul) Modified Text on 4/2/2019 (ls). |
| Filing 15 Clerks Notice to Filer re #14 Certificate of Other Affiliates/Corporate Disclosure Statement. Corporate Parent Not Added; ERROR - The Filer failed to add corporate parent; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Interested Parties/Corporate Disclosure Statement event and ensure all applicable parties are added. (ls) |
| Filing 14 Certificate of Other Affiliates/Corporate Disclosure Statement by NCL (Bahamas) Ltd. (Bagley, Paul) |
| Filing 13 NOTICE of Attorney Appearance by Jeffrey Eric Foreman on behalf of NCL (Bahamas) Ltd.. Attorney Jeffrey Eric Foreman added to party NCL (Bahamas) Ltd.(pty:dft). (Foreman, Jeffrey) |
| Filing 12 NOTICE of Attorney Appearance by Catherine J. MacIvor on behalf of NCL (Bahamas) Ltd.. Attorney Catherine J. MacIvor added to party NCL (Bahamas) Ltd.(pty:dft). (MacIvor, Catherine) |
| Filing 11 Defendant's RESPONSE to 9 MOTION for Sanctions, #8 Response in Opposition to Motion, Omnibus Response in Support of Defendant's Motion to Dismiss and in Opposition to Plaintiff's Motion for Sanctions by NCL (Bahamas) Ltd.. (Attachments: #1 Exhibit A Complaint)(Bagley, Paul) |
| Filing 10 Clerks Notice to Filer re #8 Response in Opposition to Motion,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls) |
| Filing 9 MOTION for Sanctions by Capital Sales & Marketing, Inc.. (ls)(See Image at DE #8) |
| Filing 8 RESPONSE in Opposition re #7 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Motion to Dismiss and Strike Attorney's Fee Demand filed by Capital Sales & Marketing, Inc.. Replies due by 3/27/2019. (Attachments: #1 Exhibit)(Roberts, Lawrence) Modified to add 9 motion for sanctions on 3/21/2019 (ls). |
| Filing 7 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Motion to Dismiss and Strike Attorney's Fee Demand by NCL (Bahamas) Ltd.. Attorney Paul T Bagley added to party NCL (Bahamas) Ltd.(pty:dft). Responses due by 4/2/2019 (Bagley, Paul) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Capital Sales & Marketing, Inc.. NCL (Bahamas) Ltd. served on 2/26/2019, answer due 3/19/2019. (Attachments: #1 Affidavit of Service)(Roberts, Lawrence) |
| Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 2/26/2019. (isc) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) alias in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pcs) |
| Filing 3 Summons Issued as to NCL (Bahamas) Ltd.. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pcs) |
| Filing 1 COMPLAINT against NCL (Bahamas) Ltd. d/b/a Norwegian Cruise Line. Filing fees $ 400.00 receipt number 113C-11422921, filed by Capital Sales & Marketing, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Roberts, Lawrence) |
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