Morales et al v. Burger King Corporation
| Niki Enterprises Incorporated, Steve Morales and RDP Enterprises Incorporated |
| Burger King Corporation |
| 1:2019cv23775 |
| September 11, 2019 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Edwin G Torres |
| Kathleen M Williams |
| Contract: Franchise |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.
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Filing 36
PAPERLESS ORDER DISMISSING AND CLOSING CASE. THIS MATTER is before the Court on a sua sponte review of the record. On October 2, 2019, Defendant filed a motion to dismiss #33 . Pursuant to Local Rule 7.1(c), the failure to serve an opposing memorandum of law within 14 days after the service of a motion "may be deemed sufficient cause for granting the motion by default." S.D. Fla. L.R. 7.1(c). Plaintiffs did not file a response in opposition to Defendant's motion to dismiss and the time to do so has passed. Accordingly, it is hereby ORDERED AND ADJUDGED that Defendant's motion to dismiss #33 is GRANTED. The Court also notes that on September 27, 2019, this Court entered an Order #30 stating that "WITHIN FOURTEEN (14) DAYS FROM THE DATE OF THIS ORDER, the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b)." The Order also states that "Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, the Local Rules, or this Court's Practices and Procedures may subject the offending party to sanctions, including dismissal of this case. It is the duty of all counsel to take all actions necessary to comply with this Order." See Watts v. Club Madonna, Inc., et al., No. 18-13764 (11th Cir. Aug. 8, 2019). Defendant filed a notice on October 11, 2019 #35 stating that despite its efforts, it was unable to communicate with Plaintiffs' counsel and was therefore unable to timely file a joint conference report and a joint proposed scheduling order. Plaintiffs have not filed any response. To date, the Parties have not filed a joint conference report or a joint proposed scheduling order and have not filed a motion for extension of time to do so. Accordingly, this case is also DISMISSED for non-compliance with Court orders. Signed by Judge Kathleen M. Williams on 10/21/2019. (sgi)
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| Filing 35 NOTICE by Burger King Corporation re #30 Order Referring Case to Magistrate Judge (Erenbaum, Jessica) |
| Filing 34 STATUS REPORT (Removal) by Burger King Corporation (Erenbaum, Jessica) |
| Filing 33 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Burger King Corporation. Responses due by 10/16/2019 (Attachments: #1 Exhibit 1)(Erenbaum, Jessica) |
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Filing 32
PAPERLESS ORDER. THIS MATTER is before the Court on Defendant's notice #29 regarding its motion to transfer venue, or alternatively, to dismiss #17 . Defendant's motion to transfer was granted by the District of Arizona #24 . Defendant's notice #29 states that although the motion to transfer was granted, issues in its motion to dismiss remain pending. Accordingly, Defendant shall re-file its motion to dismiss setting forth only the issues that remain relevant and pending before this Court on or before October 2, 2019.The Parties are advised that all motions and filings must comply fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court (available at: # http://www.flsd.uscourts.gov/?page_id=13071). Signed by Judge Kathleen M. Williams on 9/27/2019. (sgi)
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| Filing 31 CASE REFERRED to Magistrate Judge Edwin G. Torres for Pre-trial non-dispositive Motions per Order on DE #30 (jao) |
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Filing 30
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES Signed by Judge Kathleen M. Williams on 9/27/2019. See attached document for full details. (jao)
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| Filing 29 NOTICE by Burger King Corporation of Pending Motion (Erenbaum, Jessica) |
| Filing 28 Bar Letter re: Admissions sent to attorney Jeffrey Harris Wolf, mailing date September 11, 2019, (pt) |
| Filing 27 Bar Letter re: Admissions sent to attorney David W. Dow, mailing date September 11, 2019, (pt) |
| Filing 26 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (bb) |
| Filing 25 Case transferred in from Arizona; Case Number 2:19-cv-00340. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 24
ORDER granting #17 Motion. Plaintiffs' Motion to Strike Defendant's Rule 12(b)(6) Motion to Dismiss (Doc. #22 ) is denied as moot. Clerk of Court shall transfer this matter to the United States District Court for the Southern District of Florida and terminate this case in the District of Arizona. Signed by Judge Steven P Logan on 9/10/19. (EJA)
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| Filing 23 *REPLY to Response to Motion re: #17 MOTION to Transfer Venue and Motion to Dismiss and Memorandum in Opposition to Plaintiffs' Motion to Strike Defendant's Rule 12(b)(6) Motion to Dismiss filed by Burger King Corporation. (Attachments: #1 Exhibit Exhibit 1)(Wolf, Jeffrey) *Modified to correct linkage on 5/8/2019 (EJA). |
| Filing 22 *MOTION to Strike re: #17 Motion to Dismiss for Failure to State a Claim, RESPONSE in Opposition re: #17 MOTION to Transfer Venue to the US District Court for the Southern District of Florida pursuant to 28 USC Section 1404 MOTION to Dismiss Casefor Failure to Satisfy Condition PrecedentMOTION to Dismiss for Failure to State a Claim filed by Steve Morales, Niki Enterprises Incorporated, RDP Enterprises Incorporated. (Attachments: #1 Affidavit Affidavit)(Dow, David) *Modified to add motion to strike on 5/1/2019 (REK). |
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Filing 21
ORDER: The Stipulation to Extend Briefing #20 is granted. Plaintiffs shall have until April 30, 2019 to file their Response to Defendant's Motion to Transfer Venue #17 . Signed by Judge Steven P Logan on 4/17/2019. (LMR)
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| Filing 20 STIPULATION to Extend Time for Plaintiffs' to Respond to Defendant's Motion to Transfer Venue to the United States District Court for the Southern District of Florida pursuant to 28 U.S.C. 1404 or alternatively to Dismiss Plaintiffs' Complaint by Steve Morales. (Attachments: #1 Proposed Order)(Dow, David) |
| Remark: Pro hac vice motion granted for Michael D Joblove on behalf of defendant. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro Hac Vice Motion for Jessica Serell Erenbaum on behalf of Defendant Burger King This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) |
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Filing 19
ORDER granting #18 Stipulation to Extend Briefing: Plaintiffs shall have until April 15, 2019 to respond to Defendant's Motion to Transfer Venue #17 . Signed by Judge Steven P Logan on 3/25/2019. (LMR)
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| Filing 18 STIPULATION re: #17 MOTION to Transfer Venue to the US District Court for the Southern District of Florida pursuant to 28 USC Section 1404 MOTION to Dismiss Casefor Failure to Satisfy Condition PrecedentMOTION to Dismiss for Failure to State a Claim Stipulation to Extend Time for Response by Steve Morales, Niki Enterprises Incorporated, RDP Enterprises Incorporated. (Attachments: #1 Text of Proposed Order)(Dow, David) |
| Filing 17 * MOTION to Transfer Venue to the United States District Court for the Southern District of Florida Pursuant to 28 U.S.C. Sec. 1404 by Burger King Corporation. (Attachments: #1 Exhibit A)(Wolf, Jeffrey) * Modified to correct event. Added MOTION to Dismiss Case for Failure to Satisfy Condition Precedent and MOTION to Dismiss for Failure to State a Claim; attorney noticed on 3/18/2019 (LAD). |
| Filing 16 Corporate Disclosure Statement by Niki Enterprises Incorporated. (Dow, David) |
| Filing 15 Corporate Disclosure Statement by RDP Enterprises Incorporated. (Dow, David) |
| Filing 14 SECOND NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 10 days. Corporate Disclosure Statement Deadline set as to Niki Enterprises Incorporated, RDP Enterprises Incorporated. (LMR) |
| Filing 13 Corporate Disclosure Statement by Burger King Corporation identifying Corporate Parent Restaurant Brands International, Inc., Other Affiliate Burger King Corporation, Other Affiliate Burger King Holdings, Inc. for Burger King Corporation. (Wolf, Jeffrey) |
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Filing 12
ORDER granting a one-time extension of time until 3/15/19 to respond to complaint. The parties' obligations to produce the information called for in the MIDP will be triggered by Defendant's answer to the complaint after the extension. No further extensions will be granted. See document for complete details. Signed by Judge Steven P Logan on 1/31/19. (MSA)
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| Filing 11 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT /Stipulation to Extend Certain Deadlines by Burger King Corporation. (Attachments: #1 Text of Proposed Order)(Wolf, Jeffrey) |
| Filing 10 NOTICE re: Notice of Service of Mandatory Discovery Pilot Project on Defendants by Steve Morales, Niki Enterprises Incorporated, RDP Enterprises Incorporated . (Dow, David) |
| Filing 9 NOTICE TO FILER OF DEFICIENCY re: #8 Notice (Other) filed by Burger King Corporation. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) |
| Filing 8 NOTICE re: of Service by Burger King Corporation /Notice of Service. (Wolf, Jeffrey) |
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Filing 7
PRELIMINARY ORDER: Plaintiff(s) must promptly serve a copy of this Order and its Attachments on Defendant(s) and file notice of service with the Clerk of Court. See document for complete details. Signed by Judge Steven P Logan on 1/24/19. (Attachments: #1 Notice)(EJA)
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| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Notice of Removal filed by Burger King Corporation. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SIB) |
| Filing 5 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Burger King Corporation. (SIB) |
| Filing 4 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Niki Enterprises Incorporated, RDP Enterprises Incorporated. (SIB) |
| Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (SIB) |
| Filing 2 Filing fee paid, receipt number 0970-16435192. This case has been assigned to the Honorable Steven P Logan. All future pleadings or documents should bear the correct case number: CV 19-340-PHX-SPL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SIB) |
| Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2018-012468. Filing fee received: $ 400.00, receipt number 0970-16435192 filed by Burger King Corporation. (Wolf, Jeffrey) (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet, #4 Supplemental Civil Cover Sheet)(SIB) |
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