7020 ENTERTAINMENT, LLC et al v. Miami-Dade County
| BRIANA KRAVETZ, 7020 ENTERTAINMENT, LLC a Florida limited liability company doing business as KOD MIAMI, MICHAEL COLEMAN and KALA MAJORS |
| Miami-Dade County |
| 1:2020cv25138 |
| December 17, 2020 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on February 10, 2021. A more recent docket listing may be available from PACER.
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Filing 30
Order on Motion to Dismiss, granting #18 Motion to Dismiss for Failure to State a Claim. Closing Case. Motions Terminated: #5 MOTION for Preliminary Injunction filed by 7020 ENTERTAINMENT, LLC, MICHAEL COLEMAN, KALA MAJORS, BRIANA KRAVETZ, #18 Defendant's MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens,, FOR FAILURE TO STATE A CLAIM filed by Miami-Dade County. Signed by Judge Robert N. Scola, Jr on 2/10/2021. See attached document for full details. (pcs)
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| Filing 29 Notice of Supplemental Authority re #18 Defendant's MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens,, FOR FAILURE TO STATE A CLAIM , #27 Reply to Response to Motion by Miami-Dade County (Attachments: #1 Henderson v. McMurray (slip opinion)) (Vosseler, Zachary) |
| Filing 28 PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Motion Hearing held on 2/2/2021 via Zoom meeting re #18 Defendant's Motion to Dismiss #1 Complaint 42 U.S.C. Section 1983 or Bivens for Failure to State a Claim filed by Miami-Dade County. Total time in court: 2 hours. Attorney Appearance(s): James Scott Benjamin, Gary Scott Edinger, and David Marion Murray. Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. (jh) |
| Filing 27 REPLY to Response to Motion re #18 Defendant's MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens,, FOR FAILURE TO STATE A CLAIM filed by Miami-Dade County. (Vosseler, Zachary) |
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Filing 26
PAPERLESS ORDER: As stated in the Court's prior order 22 , credentials for the upcoming hearing in this matter, scheduled to occur on February 2, 2021 at 8:30 a.m., are as follows:Join ZoomGov Meeting: https://www.zoomgov.com/j/1604408216?pwd=eDNXbFBKOWd3dTE1RitGaUl0N25WZz09Meeting ID: 160 440 8216 and Passcode: 759731All attendees must join the hearing 5 minutes prior to the start time. Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 25 RESPONSE in Opposition re #18 Defendant's MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens,, FOR FAILURE TO STATE A CLAIM filed by 7020 ENTERTAINMENT, LLC, MICHAEL COLEMAN, BRIANA KRAVETZ, KALA MAJORS. Replies due by 2/1/2021. (Edinger, Gary) |
| Filing 24 NOTICE of Attorney Appearance by Angela Freda Benjamin on behalf of Miami-Dade County. Attorney Angela Freda Benjamin added to party Miami-Dade County(pty:dft). (Benjamin, Angela) |
| Filing 23 NOTICE of Attorney Appearance by David Marion Murray on behalf of Miami-Dade County. Attorney David Marion Murray added to party Miami-Dade County(pty:dft). (Murray, David) |
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Filing 22
PAPERLESS ORDER SETTING HEARING: This matter is before the Court upon the Plaintiffs' opposed renewed motion for hearing and oral argument on its motion for preliminary injunction. #19 . The Court's decisions on issues raised in the Defendant's pending motion to dismiss may narrow or moot questions raised in the Plaintiffs' motion for preliminary injunction. The Court therefore will hold a hearing by videoconference on February 2, 2021 at 8:30 a.m. on the Defendant's motion to dismiss. Credentials will be provided several days in advance on the docket. The Court will endeavor to adjudicate the Defendant's motion to dismiss on an expedited basis. Should the Plaintiffs require an additional hearing on their motion for preliminary injunction, the Court will entertain such a request after the Court has adjudicated the Defendant's motion to dismiss. Accordingly, the Court denies without prejudice the Plaintiffs' motion. Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 21 RESPONSE in Opposition re #5 MOTION for Preliminary Injunction filed by Miami-Dade County. Replies due by 1/19/2021. (Vosseler, Zachary) |
| Filing 20 NOTICE by Miami-Dade County of Filing Exhibits in Support of Response in Opposition to #5 Motion for Preliminary Injunction (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit) (Vosseler, Zachary) |
| Filing 19 Plaintiff's MOTION for Hearing re #5 MOTION for Preliminary Injunction by 7020 ENTERTAINMENT, LLC, MICHAEL COLEMAN, BRIANA KRAVETZ, KALA MAJORS. (Attachments: #1 Text of Proposed Order)(Edinger, Gary) |
| Filing 18 Defendant's MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens,, FOR FAILURE TO STATE A CLAIM by Miami-Dade County. Attorney Zachary Edward Vosseler added to party Miami-Dade County(pty:dft). Responses due by 1/25/2021 (Vosseler, Zachary) |
| Filing 17 Corporate Disclosure Statement by 7020 ENTERTAINMENT, LLC, MICHAEL COLEMAN, BRIANA KRAVETZ, KALA MAJORS (Edinger, Gary) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by KALA MAJORS, 7020 ENTERTAINMENT, LLC, BRIANA KRAVETZ, MICHAEL COLEMAN. Miami-Dade County served on 12/21/2020, answer due 1/11/2021. (Aaronson, Daniel) |
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Filing 15
PAPERLESS ORDER STRIKING MOTION: This matter is before the Court upon the Plaintiffs' motion for hearing on its motion for preliminary injunction. #14 . In its motion, the Plaintiffs aver that they "formally served the County with process... on Monday December 21, 2020" and since then have "been in regular contact with David Murray, the County Attorney assigned to this matter" but note that "no attorney has yet entered a formal appearance for the Defendant." (ECF No. 14, at 2.) In addition to requesting a hearing, the Plaintiffs also ask the Court to enter an "expedited briefing schedule" even though the Defendant has not yet appeared in this case. Consistent with Federal Rule 12(a)(1), the Defendant has 21 days to serve a responsive pleading after being served and until that deadline is violated, there is no further action for the Court to take. Assuming the Plaintiffs served the Defendant on December 21, 2020, the Defendant has until January 11, 2021 to respond to the Plaintiffs complaint. The Court strikes the Plaintiffs' motion as it fails to comply with Local Rule 7.1(a)(3) which requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The Plaintiffs' motion is not in compliance with the Local Rules. "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). The Court also notes that the Plaintiffs' recent filings have failed to comply with Local Rule 7.1(a)(2) and Section 3I(6) of the CM/ECF Administrative Procedures which requires a party to submit a proposed order with motions to the Court both as an attachment to its motion filed on the docket and by e-mail to chambers. The Plaintiffs may refile their motion once the Defendant has appeared in this matter and the motion includes the necessary certification of conferral, as required by the Local Rules. Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 14 STRICKEN PER DE 15 . Plaintiff's MOTION for Hearing re #5 MOTION for Preliminary Injunction by 7020 ENTERTAINMENT, LLC, MICHAEL COLEMAN, BRIANA KRAVETZ, KALA MAJORS. (Edinger, Gary) Modified on 12/30/2020 (lbc). |
| Filing 13 Clerks Notice of Docket Correction re 10 , 11 ,and 12 . Document(s) Restricted Due to Error. (fbn) |
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Filing 9
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 12/22/2020. See attached document for full details. (fbn)
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| Filing 8 Notice of Supplemental Authority re #5 MOTION for Preliminary Injunction by 7020 ENTERTAINMENT, LLC, MICHAEL COLEMAN, BRIANA KRAVETZ, KALA MAJORS (Attachments: #1 Exhibit Preliminary Injunction Order in 828 Management, #2 Exhibit Broward County Emergency Order 20-28) (Edinger, Gary) |
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Filing 7
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge, referring case to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 12/17/2020. See attached document for full details. (pcs)
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| Filing 6 NOTICE of Compliance Serve Attorney General per 86.091, Fla.Stat. & Local Rule 24.1(b), by 7020 ENTERTAINMENT, LLC, MICHAEL COLEMAN, BRIANA KRAVETZ, KALA MAJORS (Edinger, Gary) |
| Filing 5 MOTION for Preliminary Injunction by 7020 ENTERTAINMENT, LLC, MICHAEL COLEMAN, BRIANA KRAVETZ, KALA MAJORS. (Attachments: #1 Exhibit Midway Venture v. San Diego (Unreported Case))(Edinger, Gary) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (pcs) |
| Filing 3 Summons Issued as to Miami-Dade County. (pcs) |
| 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 Jonathan Goodman 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. (pcs) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Miami-Dade County. Filing fee $ 402.00 receipt number BFLSDC-14055692, filed by KALA MAJORS, 7020 ENTERTAINMENT, LLC, BRIANA KRAVETZ, MICHAEL COLEMAN. (Attachments: #1 Exhibit Ex. 1 - Extension Declaration of Emergency, #2 Exhibit Ex. 2 - Ord 31-20 (New Normal), #3 Exhibit Ex. 3 - Executive Order 20-244, #4 Exhibit Ex. 4 - Executive Order 20-297, #5 Exhibit Ex. 5 - Amend 3 to Emergency Order 27-20, #6 Exhibit Ex. 6 - Amend 3 to Order 29-20, #7 Exhibit Ex. 7 - Amend 1 to Emergency Order 30-20, #8 Exhibit Ex. 8 - COVID Positive Report, #9 Civil Cover Sheet, #10 Summon(s))(Edinger, Gary) |
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