Burger King Corporation v. Berry et al
Plaintiff: Burger King Corporation
Defendant: Darryl D. Berry and Capital Restaurant Group, LLC
Case Number: 1:2020cv21801
Filed: April 30, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Ursula Ungaro
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 26, 2020 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Burger King Corporation. Answer due 7/13/2020. Re: #15 Answer to Complaint, Counterclaim filed by Capital Restaurant Group, LLC, Darryl D. Berry. Signed by Judge Ursula Ungaro on 6/26/2020. See attached document for full details. (amb)
June 26, 2020 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Counterclaim by Burger King Corporation. (Erenbaum, Jessica)
June 16, 2020 Opinion or Order Filing 16 ORDER. SCHEDULING ORDER: Initial Planning and Scheduling Conference RE-SET for 7/17/2020 09:30 AM before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 6/16/2020. See attached document for full details. (amb) Text Modified on 6/17/2020 (amb).
June 15, 2020 Filing 15 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand , Amended COUNTERCLAIM against Burger King Corporation by Darryl D. Berry, Capital Restaurant Group, LLC. (Braunstein, Michael)
June 12, 2020 Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Burger King Corporation (Erenbaum, Jessica)
June 5, 2020 Filing 13 ANSWER and Affirmative Defenses to Complaint with Jury Demand , COUNTERCLAIM against Burger King Corporation by Capital Restaurant Group, LLC, Darryl D. Berry. (Braunstein, Michael)
May 29, 2020 Opinion or Order Filing 12 ORDER Granting #11 UNOPPOSED MOTION TO DROP COUNTS I-III OF THE #1 COMPLAINT. Signed by Judge Ursula Ungaro on 5/29/2020. See attached document for full details. (cds)
May 29, 2020 Filing 11 Unopposed MOTION UNOPPOSED MOTION TO DROP COUNTS I-III OF THE COMPLAINT re #1 Complaint, by Burger King Corporation. (Erenbaum, Jessica)
May 27, 2020 Opinion or Order Filing 10 ORDER granting #8 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Darryl D. Berry. Answer due 6/5/2020 ; Capital Restaurant Group, LLC. Answer due 6/5/2020. Re: #1 Complaint, filed by Burger King Corporation. Signed by Judge Ursula Ungaro on 5/27/2020. See attached document for full details. (amb) Text Modified on 5/27/2020 (amb).
May 26, 2020 Filing 9 NOTICE of Attorney Appearance by Robert Mitchell Einhorn on behalf of Darryl D. Berry, Capital Restaurant Group, LLC. Attorney Robert Mitchell Einhorn added to party Darryl D. Berry(pty:dft), Attorney Robert Mitchell Einhorn added to party Capital Restaurant Group, LLC(pty:dft). (Einhorn, Robert)
May 26, 2020 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Darryl D. Berry, Capital Restaurant Group, LLC. (Attachments: #1 Text of Proposed Order)(Braunstein, Michael)
May 26, 2020 Filing 7 NOTICE of Attorney Appearance by Michael Daniel Braunstein on behalf of Darryl D. Berry, Capital Restaurant Group, LLC. Attorney Michael Daniel Braunstein added to party Darryl D. Berry(pty:dft), Attorney Michael Daniel Braunstein added to party Capital Restaurant Group, LLC(pty:dft). (Braunstein, Michael)
May 7, 2020 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 Burger King Corporation. Capital Restaurant Group, LLC served on 5/4/2020, answer due 5/26/2020. (Joblove, Michael)
May 7, 2020 Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Burger King Corporation. Darryl D. Berry served on 5/4/2020, answer due 5/26/2020. (Joblove, Michael)
May 5, 2020 Opinion or Order Filing 4 ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE. SCHEDULING ORDER: Joint Scheduling Report due by 6/12/2020 Scheduling Conference set for 6/26/2020 11:00 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 5/5/2020. See attached document for full details. (amb) #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.
May 1, 2020 Filing 3 Summons Issued as to Darryl D. Berry, Capital Restaurant Group, LLC. (amb)
April 30, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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)
April 30, 2020 Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12821537, filed by Burger King Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Darryl Berry, #3 Summon(s) Capital Restaurant)(Joblove, Michael)

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Plaintiff: Burger King Corporation
Represented By: Michael D Joblove
Represented By: Jessica Serell Erenbaum
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Defendant: Darryl D. Berry
Represented By: Robert Mitchell Einhorn
Represented By: Michael Daniel Braunstein
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Defendant: Capital Restaurant Group, LLC
Represented By: Robert Mitchell Einhorn
Represented By: Michael Daniel Braunstein
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