Longhini v. ALIGNED BAYSHORE MARINA LLC et al
| Doug Longhini |
| ALIGNED BAYSHORE MARINA LLC, ALIGNED BAYSHORE RAW BAR LLC doing business as MONTYS RAW BAR and COCONUT GROVE F&B LLC doing business as MONTYS AT COCONUT GROVE |
| 1:2022cv24039 |
| December 14, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
Docket Report
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This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Motion for Richard M. Hunt to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. #20 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #20 is GRANTED. Richard M. Hunt may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to rhunt@hunthuey.com. Signed by Judge K. Michael Moore on 1/31/2023. (rfr)
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Notice of Voluntary Dismissal. #22 . Therein, Plaintiff voluntarily dismisses all his claims in this action against Defendant Aligned Bayshore Raw Bar, LLC. Id. at 1. Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). Here, the Stipulation of Voluntary Dismissal was filed before the opposing party served either an answer or a motion for summary judgment. #22 at 1. Accordingly, UPON CONSIDERATION of the Voluntary Dismissal, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITH PREJUDICE as to Defendant Aligned Bayshore Raw Bar, LLC. Signed by Judge K. Michael Moore on 1/27/2023. (rfr)
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Filing 23
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Coconut Grove F&B, LLC's ("Defendant") Unopposed Motion to Vacate Default. #21 . On January 18, 2023, Plaintiff moved for a Clerk's Entry of Default against Defendant, #15 , which the Clerk of Court granted. #16 . Now, Defendant request that the Court set aside the Clerk's Entry of Default. #21 .Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, a court has discretion to set aside an entry of default for "good cause." See Fed. R. Civ. P. 55(c). "Good cause" is "a liberal [standard]--but not so elastic as to be devoid of substance." See Compania Interamericana Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996) (citation omitted). In evaluating good cause, courts consider whether the default was culpable or willful, the speed with which the defaulting party sought to correct the entry of default, and whether setting aside the default will prejudice the adversary. See SEC v. Johnson, 436 F. App'x 939, 945 (11th Cir. 2011).Here, the Court finds good cause to vacate the entry of default. First, Defendant's default was not culpable or willful, and was the result of good faith confusion. #21 at 1-2. Second, Defaulting Defendants quickly sought to correct the entry of default after receiving notice. Id. Finally, Plaintiff does not oppose setting aside default. Id. at 2. Accordingly, UPON CONSIDERATION of the Motion #21 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Vacate Default #21 is GRANTED. The Clerk of Court is INSTRUCTED to VACATE the Clerk's Entry of Default against Defendant Coconut Grove F&B, LLC. Signed by Judge K. Michael Moore on 1/27/2023. (rfr)
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| Filing 22 NOTICE of Voluntary Dismissal with Prejudice as to Defendant ALIGNED BAYSHORE RAW BAR LLC by Doug Longhini (Perez, Anthony) |
| Filing 21 Unopposed MOTION to Set Aside Default Entered by Clerk by COCONUT GROVE F&B LLC. (Attachments: #1 Exhibit Jan 10 Email)(Hink, Ronald) |
| Filing 20 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard M. Hunt. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #19 Motion to Appear Pro Hac Vice, by COCONUT GROVE F&B LLC. Responses due by 2/7/2023 (Attachments: #1 Certification per. Rule 4(b)(1), #2 Text of Proposed Order)(Hink, Ronald) |
| Filing 19 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Richard H. Hunt. Filing Fee $ 200.00 Receipt # AFLSDC-16262258 by COCONUT GROVE F&B LLC. Responses due by 2/7/2023 (Attachments: #1 Certification per. Rule 4(b)(1))(Hink, Ronald) |
| Filing 18 ANSWER and Affirmative Defenses to Complaint by COCONUT GROVE F&B LLC. Attorney Ronald Robert Hink, Jr added to party COCONUT GROVE F&B LLC(pty:dft). (Hink, Ronald) |
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Filing 17
PAPERLESS NOTICE OF COURT PRACTICE UPON ENTRY OF DEFAULT. THIS CAUSE came before the Court upon the Clerk of Court's Entry of Default Against Coconut Grove F&B LLC. #16 . Plaintiff is instructed to file a Motion for Default Judgment pursuant to Fed. R. Civ. P. 55(b) within twenty (20) days of the date of this Notice, or the Court will be divested of jurisdiction to enforce any judgment against Defendant Coconut Grove F&B LLC. Plaintiff's Motion should include the Counts from the Complaint that Plaintiffs alleges against the defaulting Defendants and affidavits detailing corresponding damages, if any. "Damages may be awarded only if the record adequately reflects the basis for award via... 'a demonstration by detailed affidavits establishing the necessary facts.'" Adolph Coors Co. v. Movement Against Racism & the Klan, 777 F.2d 1538, 1544 (11th Cir. 1985) (quoting United Artists Corp. v. Freeman, 605 F.2d 854, 857 (5th Cir. 1979)). Plaintiff must also submit appropriate proposed orders so as to conform its submission to the Local Rules of the Southern District of Florida. Signed by Judge K. Michael Moore on 1/19/2023. (rfr)
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| Filing 16 (STRICKEN PER DE#23)Clerk's Entry of Default as to Coconut Grove F&B LLC - Motions Terminated: #15 Motion for Clerk's Entry of Default Signed by DEPUTY CLERK on 1/18/2023. (cqs)Text Modified on 1/27/2023 (cqs). |
| Filing 15 Plaintiff's MOTION for Clerk's Entry of Default as to COCONUT GROVE F&B LLC by Doug Longhini. (Attachments: #1 Affidavit, #2 Exhibit A)(Perez, Anthony) |
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Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Notice of Voluntary Dismissal. #13 . Therein, Plaintiff voluntarily dismisses all his claims in this action against Defendant Aligned Bayshore Marina, LLC. Id. at 1. Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). Here, the Stipulation of Voluntary Dismissal was filed before the opposing party served either an answer or a motion for summary judgment. #13 at 1. Accordingly, UPON CONSIDERATION of the Voluntary Dismissal, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITH PREJUDICE as to Defendant Aligned Bayshore Marina, LLC. Signed by Judge K. Michael Moore on 1/12/2023. (rfr)
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| Filing 13 NOTICE of Voluntary Dismissal with Prejudice as to Defendant, Aligned Bayshore Marina LLC by Doug Longhini (Perez, Anthony) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Doug Longhini. ALIGNED BAYSHORE RAW BAR LLC served on 1/5/2023, response/answer due 1/26/2023. (Perez, Anthony) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Doug Longhini. ALIGNED BAYSHORE MARINA LLC served on 1/5/2023, response/answer due 1/26/2023. (Perez, Anthony) |
| Filing 10 Plaintiff's Certificate of Other Affiliates by Doug Longhini identifying Other Affiliate Pablo Baez, Other Affiliate Aligned Bayshore Holdings, LLC, Other Affiliate Bryan C. Redmond, Other Affiliate John D. Powers JR for Doug Longhini (Perez, Anthony) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Doug Longhini. COCONUT GROVE F&B LLC served on 12/15/2022, response/answer due 1/5/2023. (Perez, Anthony) |
| Filing 8 Summons Issued as to ALIGNED BAYSHORE RAW BAR LLC. (cds) |
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Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 12/14/2022. (rfr)
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Filing 6
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 12/14/2022. (rfr)
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| Filing 5 NOTICE of Filing Proposed Summons(es) ALIGNED BAYSHORE RAW BAR LLC by Doug Longhini re #1 Complaint, filed by Doug Longhini (Perez, Anthony) |
| Filing 4 Clerk's Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. Duplicate summons submitted for ALIGNED BAYSHORE MARINA LLC. (nwn) |
| Filing 3 Summons Issued as to ALIGNED BAYSHORE MARINA LLC, COCONUT GROVE F&B LLC. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (nwn) |
| Filing 1 COMPLAINT against ALIGNED BAYSHORE MARINA LLC, ALIGNED BAYSHORE RAW BAR LLC, COCONUT GROVE F&B LLC. Filing fees $ 402.00 receipt number AFLSDC-16169989, filed by Doug Longhini. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Perez, Anthony) |
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