Mainardi v. Fontainebleau Florida Hotel, LLC
| Cesar Mainardi |
| Fontainebleau Florida Hotel, LLC |
| KPMG US LLP and KPMG International |
| 1:2023cv23344 |
| August 31, 2023 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on November 1, 2023. A more recent docket listing may be available from PACER.
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Filing 28
PAPERLESS ORDER denying #25 Motion for Discovery. Plaintiff does not need to obtain a specific order to take discovery. The Federal Rules of Civil Procedure already provide the discovery tools which parties may use in the case. Signed by Magistrate Judge Jonathan Goodman on 10/20/2023. (JG)
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| Filing 27 MOTION for Referral to Volunteer Attorney Program by Cesar Mainardi. (kpe) |
| Filing 26 MOTION to/for Request Jury Trial by Cesar Mainardi. (kpe) |
| Filing 25 MOTION to/for Discovery by Cesar Mainardi. Responses due by 11/3/2023. (kpe) |
| Filing 24 MOTION to/for Temporary Order by Cesar Mainardi. (kpe) |
| Filing 23 MOTION to/for: Request Spanish to English Interpreter by Cesar Mainardi. (kpe) |
| Filing 22 Defendant's Corporate Disclosure Statement by KPMG US LLP (Cula, Steven) |
| Filing 21 Defendant's Corporate Disclosure Statement by Fontainebleau Florida Hotel, LLC identifying Other Affiliate Fontainebleau Miami Mezz Borrower, LLC for Fontainebleau Florida Hotel, LLC (Cula, Steven) |
| Filing 20 Joint SCHEDULING REPORT - Rule 26(f) by Fontainebleau Florida Hotel, LLC, KPMG US LLP (Cula, Steven) |
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Filing 19
PAPERLESS ORDER denying the Plaintiff's pro se #16 motion requesting evidence; #17 motion to disqualify counsel; and #18 motion for an interpreter because none of them contains a pre-filing-conference certification, as required by the Court's Local Rules. As the Court has previously pointed out to the Plaintiff, Local Rule 7.1(a)(3) requires a party filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. The filing party 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) the parties conferred but could not agree on all or some of the issues raised in the motion; or (3) the party diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The purpose of the rule is to ensure judicial economy, prevent courts from wasting time evaluating issues the parties might be in agreement on, inform the Court as to whether it need wait for a response from the opposing party before deciding the motion, and, importantly, force the parties to engage in the meaningful exchange of information and viewpoints. See, e.g., Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Although the Court is mindful that the Plaintiff is proceeding pro se, and affords him some degree of latitude based on that status, he must nonetheless abide by the Court's rules. This is especially so when the Court has already explained the importance of complying with the Court's rule with respect to this very issue. The Plaintiff is warned that his continued failure to comply with the Court's orders and rules may result in sanctions, including the striking of his pleadings and the dismissal of his case. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 18 MOTION to/for: Request Spanish to English Interpreter by Cesar Mainardi. (kpe) |
| Filing 17 MOTION to Dismiss Dual Representation of Attorney by Cesar Mainardi. Responses due by 10/6/2023 (kpe) |
| Filing 16 MOTION to/for Produce of Evidence by Cesar Mainardi. (Attachments: #1 Exhibit 1-3)(kpe) |
| Filing 15 REPLY to Response to Motion re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Fontainebleau Florida Hotel, LLC, KPMG US LLP. (Cula, Steven) |
| Filing 14 RESPONSE to Failure to State Claim re #9 Defendant's MOTION TO DISMISS, filed by Cesar Mainardi. Replies due by 9/26/2023. (kpe) |
| Filing 13 RESPONSE to Motion re #9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Cesar Mainardi. Replies due by 9/21/2023. (pcs) |
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Filing 12
Order Granting Defendants' Motion to Consolidate. Mainardi v. Fontainebleau Florida Hotel, LLC, Case No. 23-CV-23348 is consolidated with Mainardi v. Fontainebleau Florida Hotel, LLC, Case No. 23-CV-23344. All future filings in these actions must be filed in case number 23-CV-23344. Signed by Judge Robert N. Scola, Jr on 9/11/2023. See attached document for full details. (nwn)
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Filing 11
Order Providing Instructions to Pro Se Litigant. Signed by Judge Robert N. Scola, Jr on 9/7/2023. See attached document for full details. (nan)
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Filing 10
PAPERLESS ORDER: The Court denies, without prejudice, #6 the Plaintiff's motion "Striking Motion to Dismiss Cases From Being Transferred." Although it is not entirely clear, it appears the Plaintiff believes this case should be remanded back to state court. Regardless, the Court denies the motion because it does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires a party filing a motion in a civil case to first confer with all parties or non-parties who may be affected by the relief sought in a good-faith effort to resolve by agreement the issues raised in the motion. The filing party 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) the parties conferred but could not agree on all or some of the issues raised in the motion; or (3) the party diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The purpose of the rule is to ensure judicial economy, prevent courts from wasting time evaluating issues the parties might be in agreement on, inform the Court as to whether it need wait for a response from the opposing party before deciding the motion, and, importantly, force the parties to engage in the meaningful exchange of information and viewpoints. See, e.g., Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Although the Court is mindful that the Plaintiff is proceeding pro se, and affords him some degree of latitude based on that status, he must nonetheless abide by the Courts rules. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Fontainebleau Florida Hotel, LLC. Responses due by 9/21/2023 (Cula, Steven) |
| Filing 8 MOTION for Referral to Volunteer Attorney Program by Cesar Mainardi. (kpe) |
| Filing 7 Consent by Pro Se Litigant (Non-Prisoner) Cesar Mainardi to receive Notices of Electronic Filing at email address: mainardi17_61@hotmail.com (kpe) |
| Filing 6 Striking Motion to Dismiss Case from Being Transferred by Cesar Mainardi. Responses due by 9/21/2023 (Attachments: #1 State Court Motion Dismiss for Extension of Time)(kpe) |
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Filing 5
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/6/2023. See attached document for full details. (fbn)
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Filing 4
ORDER REQUIRING DISCOVERY AND SCHEDULING CONFERENCE AND ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr., on 9/5/2023. See attached document for full details. (caw)
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| Filing 3 Notice of Pending, Refiled, Related or Similar Actions by Fontainebleau Florida Hotel, LLC (Cula, Steven) |
| Filing 2 Clerk's 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. (caw) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - State Court Complaint) Filing fee $ 402.00 receipt number AFLSDC-16887856, filed by Fontainebleau Florida Hotel, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B, #4 Exhibit C)(Cula, Steven) Modified on 9/1/2023: No Answer/Motion to Dismiss Filed (caw). |
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