Marrache v. Bacardi U.S.A., Inc., et al.
Plaintiff: Uri Marrache
Defendant: Bacardi U.S.A., Inc. and Winn-Dixie Supermarkets, Inc.
Case Number: 1:2019cv23856
Filed: September 16, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Referring Judge: Edwin G Torres
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 13, 2019 Filing 42 REPLY to Response to Motion re #24 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. (Massey, David)
December 13, 2019 Opinion or Order Filing 41 PAPERLESS ORDER: granting the Defendants' motion to file a reply in support of their motion to dismiss in excess of 20 pages. #39 . The Defendants may file their 25-page reply. Signed by Judge Robert N. Scola, Jr. (dka)
December 13, 2019 Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #24 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. (Attachments: #1 Exhibit A)(Massey, David)
December 12, 2019 Filing 39 Unopposed MOTION for Leave to File Excess Pages (File a Consolidated Reply in Support of Motion to Dismiss Plaintiffs Amended Complaint by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. (Attachments: #1 Exhibit A)(Steinberg, Martin)
December 6, 2019 Opinion or Order Filing 38 SCHEDULING ORDER: ( Jury Trial set for 12/7/2020 in Miami Division before Judge Robert N. Scola Jr.., Calendar Call set for 12/1/2020 09:00 AM in Miami Division before Judge Robert N. Scola Jr..), and ORDER REFERRING CASE to Mediation. Signed by Judge Robert N. Scola, Jr. on 12/6/2019. See attached document for full details. (ls) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
December 6, 2019 Opinion or Order Filing 37 ORDER denying as moot #15 Motion for Judicial Notice of Census Data; denying #16 Motion to Remand to State Court. Signed by Judge Robert N. Scola, Jr. on 12/6/2019. See attached document for full details. (ls)
November 27, 2019 Opinion or Order Filing 36 PAPERLESS ORDER: The Court grants #35 the Defendants' unopposed motion for an extension of time to file a reply in support of their motion to dismiss. The Defendants' reply is due on or before December 13, 2019. Signed by Judge Robert N. Scola, Jr. on 11/27/2019. (jaa)
November 27, 2019 Reset Deadlines as to #24 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM . Replies due by 12/13/2019. (ls)(per DE #36)
November 26, 2019 Filing 35 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #24 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. (Attachments: #1 Exhibit A)(Massey, David)
November 26, 2019 Opinion or Order Filing 34 PAPERLESS ORDER: granting the Plaintiff's motion to file a response to the motion to dismiss that is in excess of twenty pages. #32 . The Plaintiffs may file their 24-page response to the motion to dismiss. Signed by Judge Robert N. Scola, Jr. (dka)
November 26, 2019 Filing 33 RESPONSE to Motion re #24 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Uri Marrache. Replies due by 12/3/2019. (Udell, Maury)
November 26, 2019 Filing 32 Unopposed MOTION for Leave to File Excess Pages in Response to Defendants' Motion to Dismiss Amended Complaint D.E. 24 by Uri Marrache. (Attachments: #1 Exhibit A - Proposed Response to Motion to Dismiss Amended Complaint)(Udell, Maury)
November 22, 2019 Reset Deadlines as to #16 MOTION to Remand to State Court . Replies due by 12/5/2019. (ls)(per DE #31)
November 22, 2019 Opinion or Order Filing 31 PAPERLESS ORDER: granting the Plaintiff's motion for a 10-day extension of time to file his reply in support of his motion to remand. #30 . The deadline for the Plaintiff to file his reply in support of remand is now December 5, 2019. Signed by Judge Robert N. Scola, Jr. (dka)
November 21, 2019 Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #29 Response in Opposition to Motion to Remand by Uri Marrache. (Attachments: #1 Exhibit A - proposed order)(Udell, Maury)
November 18, 2019 Filing 29 RESPONSE in Opposition re #16 MOTION to Remand to State Court filed by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. Replies due by 11/25/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Steinberg, Martin)
November 15, 2019 Filing 28 RESPONSE in Opposition re #15 Plaintiff's MOTION for Judicial Notice of Census Data filed by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. Replies due by 11/22/2019. (Attachments: #1 Exhibit A)(Steinberg, Martin)
November 7, 2019 Opinion or Order Filing 27 PAPERLESS ORDER: granting the Plaintiffs motion for a two-week extension of time to respond to the motion to dismiss. #26 . The deadline for the Plaintiff to respond is now November 26, 2019. Signed by Judge Robert N. Scola, Jr. (dka)
November 6, 2019 Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #24 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Uri Marrache. (Attachments: #1 Exhibit A - proposed order)(Udell, Maury)
November 6, 2019 Opinion or Order Filing 25 PAPERLESS ORDER: denying the Plaintiff's unopposed motion to stay case proceedings pending the Court's rulings on the Plaintiff's motions for judicial notice and remand. #19 . The Court is cognizant of the pending motion for remand, but it does not see a compelling reason to stay the motion to dismiss briefing pending the outcome of the motion for remand. See Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d 1234, 1269 (11th Cir. 2001) (District courts are given broad discretion over the management of pre-trial activities, including discovery and scheduling.). Signed by Judge Robert N. Scola, Jr. (dka)
October 28, 2019 Reset Deadlines as to #15 Plaintiff's MOTION for Judicial Notice of Census Data , #16 MOTION to Remand to State Court . Responses due by 11/15/2019 Responses due by 11/18/2019 (ls)
October 28, 2019 Filing 24 Defendant's MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. Responses due by 11/12/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Steinberg, Martin)
October 28, 2019 Opinion or Order Filing 23 PAPERLESS ORDER: granting the Defendants Bacardi U.S.A., Inc. and Winn-Dixie Supermarkets, Inc.'s unopposed motion for an extension of time to respond to the Plaintiff's motion to remand to state court and to his motion for judicial notice of census data. #22 . The deadline to respond to the Plaintiff's motion for judicial notice is now November 15, 2019. The deadline to respond to the Plaintiff's motion for remand is now November 18, 2019. Signed by Judge Robert N. Scola, Jr. (dka)
October 28, 2019 Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #16 MOTION to Remand to State Court , #15 Plaintiff's MOTION for Judicial Notice of Census Data by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. (Attachments: #1 Exhibit A)(Massey, David)
October 25, 2019 Filing 21 Joint SCHEDULING REPORT - Rule 26(f) by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc. (Massey, David)
October 25, 2019 Filing 20 NOTICE of Attorney Appearance by Melissa Linn Levitt on behalf of Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. Attorney Melissa Linn Levitt added to party Bacardi U.S.A., Inc.(pty:dft), Attorney Melissa Linn Levitt added to party Winn-Dixie Supermarkets, Inc.(pty:dft). (Levitt, Melissa)
October 24, 2019 Filing 19 MOTION to Stay Case Proceedings Pending the Court's Ruling on Plaintiff's Motions for Judicial Notice and For Remand by Uri Marrache. Responses due by 11/7/2019 (Udell, Maury)
October 24, 2019 Opinion or Order Filing 18 PAPERLESS ORDER: granting the Defendant's unopposed motion for leave to file a consolidated motion to dismiss that exceeds 20 pages but does not exceed 40 pages. #17 . Signed by Judge Robert N. Scola, Jr. (dka)
October 24, 2019 Filing 17 Unopposed MOTION to File Consolidated Motion to Dismiss Amended Class Action Complaint re #13 Amended Complaint by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. (Attachments: #1 Exhibit A)(Steinberg, Martin)
October 23, 2019 Filing 16 MOTION to Remand to State Court by Uri Marrache. (Attachments: #1 Exhibit Composite Exhibit "A"- emails regarding remand, #2 Exhibit Exhibit B - 2019 Bacardi Annual Report, #3 Exhibit Composite Exhibit C - Motions to Transfer to Florida, #4 Affidavit Exhibit D - Affidavit of Roniel Rodriguez IV, Esq.)(Udell, Maury)
October 22, 2019 Filing 15 Plaintiff's MOTION for Judicial Notice of Census Data by Uri Marrache. (Attachments: #1 Exhibit 1 - Census Data)(Udell, Maury) Modified Text on 10/23/2019 (ls).
October 22, 2019 Opinion or Order Filing 14 PAPERLESS ORDER: The Court denies as moot #10 the Defendants' motion to dismiss. The Plaintiff's amended pleading moots the motion to dismiss the prior pleading. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. (dka)
October 14, 2019 Filing 13 AMENDED COMPLAINT against Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc., filed by Uri Marrache.(Udell, Maury)
October 7, 2019 Filing 12 Initial Disclosure(s) of Rule 7.1 Corporate Disclosure Statement by Winn-Dixie Supermarkets, Inc. (Steinberg, Martin)
October 7, 2019 Filing 11 Initial Disclosure(s) of Rule 7.1 Corporate Disclosure Statement by Bacardi U.S.A., Inc. (Steinberg, Martin)
October 4, 2019 Filing 10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. Responses due by 10/18/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Steinberg, Martin)
October 3, 2019 Opinion or Order Filing 9 PAPERLESS ORDER: granting the Defendant's motion for clarification of the Court's order on their motion for leave to file excess pages. #8 . The Defendants attached their proposed motion to dismiss to their motion for clarification. The Court permits the Defendants to file their proposed 28-page motion to dismiss. Signed by Judge Robert N. Scola, Jr. (dka)
October 3, 2019 Filing 8 MOTION for clarification 7 Order on Motion for Leave to File Excess Pages,,,, by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. Responses due by 10/17/2019 (Attachments: #1 Exhibit A)(Massey, David)
September 25, 2019 Opinion or Order Filing 7 PAPERLESS ORDER denying the Defendants' Unopposed Motion to File Consolidated Motion to Dismiss. #6 . Plaintiff has not complied with the Southern District of Florida's CM/ECF Administrative Procedures Rule 3I(1) which states, in part: "If a document to be filed requires a motion requesting leave of Court (e.g., an amended complaint, a document to be filed out of time, or a document exceeding the page limitation), the proposed document shall be submitted as a PDF attachment to the motion." This allows a court to review the proposed filing to evaluate whether excess pages are necessary. Here, the Defendants asserted that excess pages are appropriate "because each Defendant would have otherwise been permitted to file its own 20-page motion" but provided no analysis regarding why a consolidated brief would need to exceed 20 pages. It is the Court's experience that an enlarged brief does not assist the Court because it is belabored with repetitive arguments. The Defendants failed to establish some special need for excess pages, and the motion is denied. Signed by Judge Robert N. Scola, Jr. (dka)
September 25, 2019 Filing 6 Unopposed MOTION for Leave to File Excess Pages (Consolidated Motion to Dismiss of 40 pages) by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. (Massey, David)
September 19, 2019 Reset Answer Due Deadline: Bacardi U.S.A., Inc. response due 10/4/2019; Winn-Dixie Supermarkets, Inc. response due 10/4/2019. (ls)(per DE #5)
September 18, 2019 Opinion or Order Filing 5 PAPERLESS ORDER granting #4 Motion for Extension of Time, for good cause shown in the unopposed Motion. Response/Answer now due October 4, 2019. Docket Order Signed by Magistrate Judge Edwin G. Torres on 9/18/2019. (abu)
September 18, 2019 Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Class Action Complaint by Bacardi U.S.A., Inc., Winn-Dixie Supermarkets, Inc.. (Attachments: #1 Exhibit A)(Massey, David)
September 17, 2019 Opinion or Order Filing 3 Order Requiring Discovery and Scheduling Conference and ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Robert N. Scola, Jr. on 9/17/2019. See attached document for full details. (ls)
September 16, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. 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. (amb)
September 16, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint) Filing fee $ 400.00 receipt number 113C-11988277, filed by Bacardi U.S.A., Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Steinberg, Martin)

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Defendant: Bacardi U.S.A., Inc.
Represented By: Martin Leonard Steinberg
Represented By: David B Massey
Represented By: Melissa Linn Levitt
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Defendant: Winn-Dixie Supermarkets, Inc.
Represented By: Martin Leonard Steinberg
Represented By: David B Massey
Represented By: Melissa Linn Levitt
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Plaintiff: Uri Marrache
Represented By: Roniel Rodriguez, IV
Represented By: Maury Lorne Udell
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