LD Acquisition Company 13 LLC v. Palmetto Bay Centre, Inc. et al

Plaintiff: LD Acquisition Company 13 LLC
Defendant: Justo A. Atrio and Palmetto Bay Centre, Inc.
Case Number: 1:2019cv21857
Filed: May 8, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: K Michael Moore
Nature of Suit: Real Property: Other
Cause of Action: 28:1332
Jury Demanded By: None

Docket Report

This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2019 Opinion or Order Filing 14 PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion for Entry of Final Agreed Order. #13 . On May 16, 2019, Plaintiff notified the Court that the Parties had settled the matter. #9 . On May 17, 2019, the Court entered a Paperless Notice of Court Practice Upon Notice of Settlement requiring the parties to file a stipulation of dismissal signed by all parties pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. On May 20, 2019, the Plaintiff filed an Unopposed Motion for Entry of Final Agreed Order. #13 . However, the Motion is not signed by either Defendant, one of which is a corporate Defendant. A corporation must be represented by counsel. See Rowland v. California Men's Colony, 506 U.S. 194, 201-02 (1993) ("it has been the law for the better part of two centuries... that a corporation may appear in the federal courts only through licensed counsel"); Palazzo v. Gulf Oil Corp., 764 F.2d 1381, 1385-86 (11th Cir. 1985) ("The rule is well established that a corporation is an artificial entity that can act only through agents, cannot appear pro se, and must be represented by counsel."). Because Defendant Palmetto Bay Centre, Inc has not validly appeared in the lawsuit through counsel, it cannot consent to the Final Agreed Order. See Glock, Inc. v. Maxsell Corp., No. 4:12-CV-0113-HLM, 2013 WL 12107794, at *6 (N.D. Ga. Apr. 18, 2013) (finding that "the strong language in Palazzo" suggests that the Eleventh Circuit would not permit a corporation to validly enter into a consent judgment "in a pro se capacity" and that the corporate defendant therefore was "required to have an attorney sign the consent judgment on its behalf"). UPON CONSIDERATION of the Motion for Entry of Final Agreed Order, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Entry of Final Agreed Order is DENIED WITHOUT PREJUDICE. Plaintiff may file a renewed Motion for Entry of Final Agreed Order signed by the Defendants and/or their respective counsel or alternatively, a Notice of Voluntary Dismissal on or before July 19, 2019. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. Signed by Chief Judge K. Michael Moore on 6/28/2019. (jm01)
May 20, 2019 Filing 13 MOTION Unopposed Motion for Entry of Final Agreed Order by LD Acquisition Company 13 LLC. (Attachments: #1 Exhibit A-Proposed Final Agreed Order)(Tom, Robert)
May 20, 2019 Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by LD Acquisition Company 13 LLC. Palmetto Bay Centre, Inc. served on 5/17/2019, answer due 6/7/2019. (Tom, Robert)
May 20, 2019 Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by LD Acquisition Company 13 LLC. Justo A. Atrio served on 5/17/2019, answer due 6/7/2019. (Tom, Robert)
May 17, 2019 Opinion or Order Filing 10 PAPERLESS NOTICE OF COURT PRACTICE UPON NOTICE OF SETTLEMENT. THIS CAUSE came before the Court upon the filing of a Notice of Pending Settlement #9 stating that the Parties have settled this matter. The Parties are hereby directed to file a stipulation of dismissal of all claims signed by all parties pursuant to Rule 41(a), Fed. R. Civ. P., and an agreed order within thirty (30) days from the date of this Notice. If such papers are not filed within the time specified, this matter will be DISMISSED and the Court will be divested of jurisdiction to enforce the settlement agreement. The Clerk of the Court is instructed to administratively CLOSE this case. All pending motions are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 5/17/2019. (eso)
May 16, 2019 Filing 9 NOTICE by LD Acquisition Company 13 LLC Notice of Pending Settlement (Tom, Robert)
May 9, 2019 Opinion or Order Filing 8 PAPERLESS Order Setting Briefing Schedule. Defendants shall file a Response to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction and Incorporated Memorandum of Law, ECF No. #4 , within seven days of Service in this matter. Plaintiff will be permitted to file a Reply no later than three days after Defendants Response is filed. Defendants shall include in their Response whether they believe an evidentiary hearing is necessary, and Plaintiff shall do the same as part of its Reply. If Plaintiff chooses not to file a Reply, its statement with respect to an evidentiary hearing shall be filed within three days of Defendants' Response. Signed by Magistrate Judge Jacqueline Becerra on 5/9/2019. (amz)
May 9, 2019 Opinion or Order Filing 7 PAPERLESS ORDER REFERRING Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. #4 . PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is referred to Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law regarding Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction #4 . Signed by Chief Judge K. Michael Moore on 5/9/2019. (eso)
May 9, 2019 Opinion or Order Filing 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 5/9/2019. (eso)
May 9, 2019 Opinion or Order Filing 5 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 5/9/2019. (eso)
May 8, 2019 Filing 4 Plaintiff's MOTION for Temporary Restraining Order and Preliminary Injunction and Incorporated Memorandum of Law by LD Acquisition Company 13 LLC. Responses due by 5/22/2019 (Attachments: #1 Text of Proposed Order (Proposed)Temporary Restraining Order)(Tom, Robert)
May 8, 2019 Filing 3 Summons Issued as to Justo A. Atrio, Palmetto Bay Centre, Inc.. (mee)
May 8, 2019 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee)
May 8, 2019 Filing 1 COMPLAINT Verified Complaint against All Defendants. Filing fees $ 400.00 receipt number 113C-11627454, filed by LD Acquisition Company 13 LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Justo A. Atrio, #3 Summon(s) Palmetto Bay Centre, Inc., #4 Exhibit A-Site Lease, #5 Exhibit B-Purchase Agreement, #6 Exhibit C-Easement Agreement, #7 Exhibit D-Assignments, #8 Exhibit E-2.1.19 correspondence, #9 Exhibit F-2.19.19 correspondence, #10 Exhibit G-4.2.19 correspondence)(Tom, Robert)

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Plaintiff: LD Acquisition Company 13 LLC
Represented By: Eve Alexis Cann
Represented By: Robert Filynn Tom
Represented By: David Brian Levin
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Defendant: Justo A. Atrio
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Defendant: Palmetto Bay Centre, Inc.
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