The Mad Room LLC et al v. The City of Miami
| The Mad Room LLC doing business as Ball and Chain, Altos Mexicano, LLC doing business as Taquerias El Mexicano, Little Havana Arts Building, LLC and La Gran Fiesta, LLC |
| The City of Miami |
| 1:2021cv23485 |
| September 30, 2021 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER SCHEDULING IN-PERSON DISCOVERY HEARING. (Discovery Hearing set for 12/9/2021 10:00 AM in Miami Division before Magistrate Judge Lisette M. Reid.) Signed by Magistrate Judge Lisette M. Reid on 11/24/2021. See attached document for full details. (Attachments: #1 Courtroom Procedures) (br)
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Filing 26
PAPERLESS ORDER granting #25 the Plaintiffs' Unopposed Motion for an Extension of Time to File their Response in Opposition to the Motion to Dismiss. The Plaintiffs shall file their Response to the Motion to Dismiss by December 11, 2021. Signed by Judge Roy K. Altman on 11/23/2021. (kmz)
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Filing 25
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #23 Defendant's MOTION to Dismiss #1 Complaint, by Altos Mexicano, LLC, La Gran Fiesta, LLC, Little Havana Arts Building, LLC, The Mad Room LLC. (Koslowe, Jason)
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Filing 24
NOTICE of Mediator Selection. Selected/Added Altos Mexicano, LLC, La Gran Fiesta, LLC, Little Havana Arts Building, LLC, The Mad Room LLC, Frank A. Shepherd as Mediator. (Fehretdinov, Maria Macarena)
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Filing 23
Defendant's MOTION to Dismiss #1 Complaint, by The City of Miami. Responses due by 11/24/2021 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29)(McNulty, Kerri)
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Filing 22
PAPERLESS ORDER denying #20 the Defendant's Motion to Dismiss without prejudice and striking #21 the Defendant's Motion to Abstain. Some context might be helpful here. In its Motion for Leave to File Excess Pages [ECF No. 16], which the Court denied [ECF No. 19], the Defendant asked for leave to file a motion to dismiss of 40 pages. Unhappy with the Court's ruling, the Defendant decided to circumvent the order by filing a 20-page Motion to Dismiss and, four days later, a 19-page Motion to Abstain. But litigants may not evade this Court's page limitations by bifurcating it's motions into two docket entries. "Courts have inherent authority to control the proceedings before them," Martin v. Automobili Lamborghini Exclusive, Inc., 307 F.3d 1332, 1335 (11th Cir. 2002), and a "[v]iolation of Rule 7.0(c)(2) is cause for striking any unauthorized motions," Montgomery v. Great Am. Assurance Co., No. 12-20503, 2013 WL 12093808, at *4 (S.D. Fla. March 5, 2012) (striking a motion for summary judgment as successive and unauthorized under Local Rule 7.1(c)(2)). The Defendant's Motion to Abstain is just another attempt to get this case out of federal court--whether by abstention, stay, or dismissal. It thus should have been included in a single filing together with the Motion to Dismiss. And, in fact, federal courts routinely treat motions to dismiss and motions to abstain as Rule 12(b) motions. See, e.g., Cave v. Stone, No. 20-cv-61955, 2021 WL 4427451, at *14 n.27 (S.D. Fla. Sept. 27, 2021) (Altman, J.) (noting that "there's some debate as to whether [Younger abstention] should be considered under Rule 12(b)(1) or Rule 12(b)(6)" and finding, as other courts in this Circuit have done, that Younger abstention arguments may be considered under Rule 12(b)(1)); Allstate Ins. Co. v. Auto Glass Am., LLC, 418 F. Supp. 3d 1009, 1026 (M.D. Fla. 2019) (explaining that "rules governing dismissal for subject matter jurisdiction are generally accepted as the guidelines for a motion to dismiss on comity and/or abstention grounds"); Parker v. Jud. Inquiry Commn of the State of Ala., 212 F. Supp. 3d 1171, 1174 (M.D. Ala. 2016) ("[T]his action is to be dismissed under Rule 12(b)(1) based on Younger abstention."); Sullivan v. Saint-Gobain Performance Plastics Corp., 226 F. Supp. 3d 288, 293-294 (D. Vt. 2016) (considering a Burford abstention request under Rule 12(b)(1)); Dwayne v. Granholm, No. 06-13548, 2007 WL 1140920, at *2 (E.D. Mich. April 17, 2007) (considering abstention under 12(b)(6)); Hill v. Whetsel, No. CIV-07-69-C, 2007 WL 963216, at *1 (W.D. Okla. Mar. 28, 2007) (noting that "Younger abstention implicated Fed. R. Civ. P. 12(b)(1)" and citing cases holding that abstention issues should be raised in a Rule 12(b) motion to dismiss). The Defendant shall refile a single Motion to Dismiss of no more than 25 pages by November 10, 2021. The motion must contain all bases for dismissal, stay, abstention or other similar relief. Nothing in this Order precludes the Defendant from raising non-waivable jurisdictional defenses later. Signed by Judge Roy K. Altman on 11/6/2021. (kmz)
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Filing 21
Defendant's MOTION to Stay by The City of Miami. Attorney Kerri Lauren McNulty added to party The City of Miami(pty:dft). Responses due by 11/19/2021 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28)(McNulty, Kerri)
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Filing 20
MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by The City of Miami. Responses due by 11/15/2021 (Hunnefeld, Henry)
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Filing 19
PAPERLESS ORDER denying #16 the Motion for an Extension of the Page Limit for the Motion to Dismiss. The Defendant's Motion to Dismiss must comply with the page limits set out in Local Rule 7.1(c)(2). Signed by Judge Roy K. Altman on 11/1/2021. (kmz)
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Filing 18
PAPERLESS ORDER STRIKING #9 Expedited Motion, filed by Altos Mexicano, LLC, The Mad Room LLC, La Gran Fiesta, LLC, Little Havana Arts Building, LLC, #14 Motion to Stay, filed by The City of Miami. Pursuant to Magistrate Judge Lisette M. Reids Discovery Procedures, [ECF No. 17], [n]o written discovery motions, including motions to compel and motions for protective order, shall be filed unless requested by Judge Reid. The Court has not requested written discovery motions, nor have the Parties sought permission to file written discovery motions. Thus, Plaintiffs Expedited Motion for Discovery and Briefing Schedule, [ECF No. 9], and Defendants Motion to Stay Discovery Pending Resolution of Motion to Dismiss and Opposition to Plaintiffs' Motion for Expedited Discovery, [ECF No. 14], are STRICKEN from the record. Motions terminated: #14 Defendant's MOTION to Stay Discovery Pending Resolution of Motion to Dismiss and Opposition to Plaintiffs' Motion for Expedited Discovery, with Supporting Memorandum of Law filed by The City of Miami, #9 Plaintiff's EXPEDITED MOTION for Discovery and Briefing Schedule filed by Altos Mexicano, LLC, The Mad Room LLC, La Gran Fiesta, LLC, Little Havana Arts Building, LLC. Signed by Magistrate Judge Lisette M. Reid on 10/28/2021. (ktr)
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Filing 17
STANDING DISCOVERY ORDER for Magistrate Judge Lisette M. Reid. Signed by Magistrate Judge Lisette M. Reid on 10/28/2021. See attached document for full details. (ktr)
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Filing 16
MOTION for Leave to File Excess Pages Unopposed Motion For Extension OF Page Limit For Motion To Dismiss by The City of Miami. (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion For Extension Of The Page Limit For The Motion To Dismiss)(Eves, Eric)
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Filing 15
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRINGMEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 10/24/2022 in Miami Division before Judge Roy K. Altman., Calendar Call set for 10/18/2022 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 12/15/2021., Discovery due by 6/28/2022., Expert Discovery due by 6/28/2022., Joinder of Parties due by 12/15/2021., Mediation Deadline 7/12/2022., In Limine Motions due by 9/19/2022., Dispositive Motions due by 7/20/2022., Motions due by 7/20/2022., Pretrial Stipulation due by 10/10/2022.). Signed by Judge Roy K. Altman on 10/27/2021. See attached document for full details. (drz) #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.
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Filing 14
Defendant's MOTION to Stay Discovery Pending Resolution of Motion to Dismiss and Opposition to Plaintiffs' Motion for Expedited Discovery, with Supporting Memorandum of Law by The City of Miami. Responses due by 11/9/2021 (Hunnefeld, Henry)
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Filing 13
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by The City of Miami (Hunnefeld, Henry)
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Filing 12
Joint SCHEDULING REPORT - Rule 26(f) by Altos Mexicano, LLC, La Gran Fiesta, LLC, Little Havana Arts Building, LLC, The Mad Room LLC (Koslowe, Jason)
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Filing 11
PAPERLESS ORDER granting #10 the Unopposed Motion for an Extension of Time to File a Motion to Dismiss. The Defendant shall file its Motion to Dismiss by November 1, 2021. Signed by Judge Roy K. Altman on 10/21/2021. (kmz)
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Filing 10
MOTION for Extension of Time To File Motion to Dismiss by The City of Miami. Attorney Eric John Eves added to party The City of Miami(pty:dft). Responses due by 11/2/2021 (Attachments: #1 Text of Proposed Order Order Granting Unopposed Motion For Extension Of Time To File Motion To Dismiss)(Eves, Eric)
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Filing 9
Plaintiff's EXPEDITED MOTION for Discovery and Briefing Schedule by Altos Mexicano, LLC, La Gran Fiesta, LLC, Little Havana Arts Building, LLC, The Mad Room LLC. (Attachments: #1 Text of Proposed Order Attached as Exh. A)(Fehretdinov, Maria Macarena)
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Filing 8
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 10/23/2021 Signed by Judge Roy K. Altman on 10/5/2021. See attached document for full details. (drz)
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Filing 7
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by The Mad Room LLC, La Gran Fiesta, LLC, Little Havana Arts Building, LLC, Altos Mexicano, LLC. The City of Miami served on 10/1/2021, answer due 10/22/2021. (Attachments: #1 Exhibit A)(Fehretdinov, Maria Macarena)
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Filing 6
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Altos Mexicano, LLC, La Gran Fiesta, LLC, Little Havana Arts Building, LLC, The Mad Room LLC identifying Other Affiliate BNZ BAR, LLC, Other Affiliate Charlie Licksterz, LLC, Other Affiliate Bush, Ben, Other Affiliate Bush, Zack, Other Affiliate Fuller, William O. for The Mad Room LLC; Other Affiliate Fuller, William O., Other Affiliate Mazzei, Vincent for Little Havana Arts Building, LLC; Other Affiliate BNZ BAR, LLC, Other Affiliate CL Fiesta, LLC, Other Affiliate Bush, Ben, Other Affiliate Bush, Zack, Other Affiliate Fuller, William O. for Altos Mexicano, LLC; Other Affiliate BNZ Enterprises, LLC, Other Affiliate BNZ Fiesta, LLC, Other Affiliate JAD Calle Ocho, LLC, Other Affiliate Mipalumar Investment Trust, Other Affiliate Bush, Ben, Other Affiliate Bush, Zack, Other Affiliate Fuller, William O. for La Gran Fiesta, LLC (Fehretdinov, Maria Macarena)
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Filing 5
Summons Issued as to The City of Miami (jbs)
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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. (drz)
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Filing 3
Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz)
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Filing 2
Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (drz)
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Filing 1
COMPLAINT against The City of Miami. Filing fees $ 402.00 receipt number AFLSDC-15055921, filed by The Mad Room LLC d/b/a Ball and Chain, La Gran Fiesta, LLC, Little Havana Arts Building, LLC, Altos Mexicano, LLC d/b/a Taquerias El Mexicano. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Fehretdinov, Maria Macarena)
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