Jamestown Premier 745 Collins Avenue LLC v. Whalen et al
| Jamestown Premier 745 Collins Avenue LLC |
| Patrick Whalen, Fifth Street Group LLC, Alejandro Torio, Jamie Lynch and CU Sobe LLC a North Carolina limited liability company doing business as Church and Union |
| 1:2026cv22845 |
| April 23, 2026 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Edwin G Torres |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on June 12, 2026. A more recent docket listing may be available from PACER.
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| Filing 18 MEMORANDUM in Support re #13 Memorandum MEMORANDUM IN SUPPORT OF MOTION TO DISMISS PURSUANT TO RULE 12(B)(6) OF DEFENDANTS PATRICK WHALEN, ALEJANDRO TORIO, AND JAMIE LYNCH by CU Sobe LLC, Fifth Street Group LLC, Jamie Lynch, Alejandro Torio, Patrick Whalen. (North, Brian) |
Filing 17
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendants' Unopposed Motion for Extension of Time to File Reply to Memorandum (the "Motion"). ECF No. #15 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. #15 , is GRANTED. Defendants Patrick Whalen, Alejandro Torio, and Jamie Lynch shall file their Reply to the Memorandum by no later than June 12, 2026. Signed by Judge Jacqueline Becerra (ics)
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| Filing 16 NOTICE of Filing Proposed Agreed Order on Unopposed Motion for Extension of Time by Jamie Lynch, Alejandro Torio, Patrick Whalen (Attachments: #1 Text of Proposed Order) (North, Brian) |
| Filing 15 MOTION for Extension of Time to File Response/Reply/Answer as to #13 Memorandum by Jamie Lynch, Alejandro Torio, Patrick Whalen. Responses due by 6/18/2026. (North, Brian) |
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Filing 14
ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRATE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: Jury Trial set for 6/28/2027 09:30 AM in Miami Division before Judge Jacqueline Becerra, Calendar Call set for 6/22/2027 08:30 AM in Miami Division before Judge Jacqueline Becerra. Mediation Deadline 1/6/2027. Pursuant to 28 U.S.C. Section 636 and this District's Magistrate Judge Rules, all discovery matters are hereby referred to the Honorable United States Magistrate Judge Edwin G. Torres. Signed by Judge Jacqueline Becerra on 6/3/2026. See attached document for full details. (blc) #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 13 MEMORANDUM in Opposition re #4 Memorandum MOTION TO DISMISS by Jamestown Premier 745 Collins Avenue LLC. (Reyes, Ricardo) |
| Filing 12 Joint SCHEDULING REPORT - Rule 26(f) by CU Sobe LLC, Fifth Street Group LLC, Jamie Lynch, Alejandro Torio, Patrick Whalen (Attachments: #1 Exhibit A)(North, Brian) |
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Filing 11
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE comes before the Court upon a sua sponte examination of the record. The Court's Paperless Order Regarding Procedures requires the parties to file a Joint Scheduling Report "within twenty days from the date the last Defendant enters an appearance in this action." ECF No. 3 . The last defendant in this case entered its appearance on April 23, 2026, but, to date, no Joint Scheduling Report has been filed. Accordingly, the parties are ORDERED to file their Joint Scheduling Report no later than June 5, 2026, or SHOW CAUSE in writing by such date why sanctions should not be entered for failure to comply with the Court's Order. Failure to comply will result in dismissal of this case without prejudice and without further notice. Signed by Judge Jacqueline Becerra (ics)
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Filing 10
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Plaintiff's Unopposed Motion for Extension of Time to File Response in Opposition to Memorandum (the "Motion"). ECF No. #8 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. 8, is GRANTED. Plaintiff shall file its response to the Memorandum no later than June 2, 2026. Signed by Judge Jacqueline Becerra (ics)
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| Filing 9 NOTICE of Filing Proposed Agreed Order by Jamestown Premier 745 Collins Avenue LLC re #8 Unopposed MOTION for Extension of Time to file Response to Memorandum re #4 Memorandum (Attachments: #1 Text of Proposed Order) (Retenauer, Olivia) |
| Filing 8 Unopposed MOTION for Extension of Time to file Response to Memorandum re #4 Memorandum by Jamestown Premier 745 Collins Avenue LLC. Responses due by 6/2/2026. (Retenauer, Olivia) |
| Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement by Jamestown Premier 745 Collins Avenue LLC identifying Corporate Parent Lucky Star Investments, LLC:, Corporate Parent Jamestown, L.P., Corporate Parent JPPF TRS Holdings, LLC, Other Affiliate RICARDO REYES, Other Affiliate Olivia Retenauer, Other Affiliate Alejandro Torio, Other Affiliate Jamie Lynch, Other Affiliate Brian Poplin, Other Affiliate Eric Hines, Other Affiliate Ruben Sanabria, Other Affiliate Tobin | Reyes, PLLC, Other Affiliate BRIAN NORTH, Other Affiliate Parton Law PLLC, Other Affiliate CU SOBE, LLC, Other Affiliate Fifth Street Group, LLC, Other Affiliate Patrick Whalen for Jamestown Premier 745 Collins Avenue LLC (Reyes, Ricardo) |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by CU Sobe LLC, Fifth Street Group LLC, Jamie Lynch, Alejandro Torio, Patrick Whalen (North, Brian) |
| Set Deadline. Show Cause Response due by 5/15/2026. Per De#5 (cds) |
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Filing 5
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE comes before the Court upon a sua sponte review of the record. This Court's Paperless Order Regarding Procedures (the "Order"), ECF No. 3 , required each of the parties, by no later than fifteen days from the date the last defendant enters an appearance in this action, to file a Certificate of Interested Parties and Corporate Disclosure Statement that contains a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The last Defendant to enter an appearance in this action did so on April 23, 2026. See ECF No. #1 . However, to date, the parties have failed to file their Certificate of Interested Parties and Corporate Disclosure Statement in compliance with the Order. Accordingly, it is hereby ORDERED AND ADJUDGED that the parties shall file its Certificate of Interested Parties and Corporate Disclosure Statements in compliance with the Order by no later than May 15, 2026 or SHOW CAUSE in writing by such date why this action should not be dismissed or sanctions not imposed. Signed by Judge Jacqueline Becerra (ics)
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| Filing 4 MEMORANDUM in Support of Motion to Dismiss Pursuant to Rule 12(b)(6) by Jamie Lynch, Alejandro Torio, Patrick Whalen. (North, Brian) |
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Filing 3
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 2. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/JB_RevisedTemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 3. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 4. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra (ics)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (gqa) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-19462916, filed by Jamie Lynch, Fifth Street Group LLC, CU Sobe LLC, Patrick Whalen, Alejandro Torio. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Affidavit of Sunny Britt, #3 Exhibit Affidavit of Patrick Whalen, #4 Exhibit Civil Cover Sheet, #5 Exhibit Complaint, #6 Exhibit Civil Summons for Patrick Whalen, #7 Exhibit Civil Summons for Alejandro Torio, #8 Exhibit Civil Summons for Jamie Lynch, #9 Exhibit Civil Summons for CU Sobe LLC, #10 Exhibit Civil Summons for Fifth Street Group, #11 Exhibit Acceptance and Waiver of Service of Process, #12 Exhibit Notice of Appearance and Email Designation, #13 Exhibit Notice of Compliance with Initial Disclosures, #14 Exhibit Fifth Street Group LLC Answer and Affirmative Defenses, #15 Exhibit CU Sobe LLC Answer and Affirmative Defenses, #16 Exhibit Motion to Dismiss)(North, Brian) |
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