R Erik, LLC v. Martin County
| R Erik, LLC |
| Martin County and Paws JJBCR LLC |
| 2:2023cv14109 |
| April 17, 2023 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on June 13, 2023. A more recent docket listing may be available from PACER.
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Filing 54
ORDER granting in part and denying in part #18 Motion for Preliminary Injunction. Signed by Judge Aileen M. Cannon on 6/13/2023. See attached document for full details. (cqs)
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Filing 53
PAPERLESS ORDER: The Court is in receipt of the Request for Notices and Service #47 filed by Attorney Michael P. Beltran ("Mr. Beltran"). Given that Mr. Beltran has already signed up to receive CM/ECF notices in this case, 23-cv-14109-AMC, any further action from the Court regarding Mr. Beltran's request #47 is unnecessary at this time. Signed by Judge Aileen M. Cannon on 6/13/2023. (aes)
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| Filing 52 Defendant's REPLY to #49 Response in Support of Motion by Martin County. (Pietrzyk, Melissa) |
| Filing 51 Defendant's RESPONSE to #40 Response in Support of Motion In opposition to Plaintiff's Improper Assertions of Misconduct by Martin County. (Attachments: #1 Exhibit Terms of Probation, #2 Exhibit Tax Collector Affidavit, #3 Exhibit Probation Officer Affidavit, #4 Exhibit Bar Profile)(Pietrzyk, Melissa) |
| Filing 50 SUPPLEMENT EXHIBITS AND BRIEF IN SUPPORT OF ITS ARGUMENTS ASSERTED AT THE HEARING ON PRELIMINARY INJUNCTION by Martin County (Attachments: #1 Exhibit CEO 81-40, #2 Exhibit CEO 96-30, #3 Exhibit CEO 14-11, #4 Exhibit Zoning Determination)(Pietrzyk, Melissa) |
| Filing 49 RESPONSE in Support re #18 MOTION for Preliminary Injunction on Expedited Basis Supplemental Brief filed by R Erik, LLC. (Attachments: #1 Exhibit Proposed Order)(Kozell, Richard) |
| Filing 48 NOTICE by Martin County re #46 Preliminary Injunction,, Set/Reset Deadlines, #18 MOTION for Preliminary Injunction on Expedited Basis Notice of Defendant's Consent to Preliminary Injunction (Attachments: #1 Text of Proposed Order Granting Preliminary Injunction) (Pietrzyk, Melissa) |
| Filing 47 NOTICE by Paws JJBCR LLC of Request for Notices and Service. Attorney Michael Paul Beltran added to party Paws JJBCR LLC(pty:dft). (Beltran, Michael) |
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Filing 46
ORDER FOLLOWING MOTION HEARING. On or before June 8, 2023, the parties are to file any supplemental exhibits, consent agreements, or briefings. On or before June 8, 2023, Defendant may file a response to #40 Plaintiff's Supplemental Memorandum Regarding Misconduct. Signed by Judge Aileen M. Cannon on 6/6/2023. See attached document for full details. (tci) Modified on 6/6/2023 (tci).
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| Filing 45 RESPONSE in Opposition re #22 First MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by R Erik, LLC. Replies due by 6/12/2023. (Kozell, Richard) |
| Filing 44 NOTICE OF CONVENTIONAL FILING of USB Drive by R Erik, LLC (cqs) |
| Filing 43 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Motion Hearing held on June 1, 2023. The Court heard arguments from the parties on Plaintiff's Motion for Preliminary Injunction #18 . The Court takes the Motion under advisement. Order to follow. Total time in court: 3 hours 5 minutes. Attorney Appearances: Richard S. Kozell, III (Counsel for Plaintiff) and Melissa Pietrzyk (Counsel for Defendant). Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (aes) |
| Filing 42 PAPERLESS Minute Entry for proceedings held before Judge Aileen M. Cannon: Status Conference held on May 31, 2023. The Court discussed logistics and overall presentation pertaining to the June 1, 2023, Motion Hearing on Plaintiff's Motion for Preliminary Injunction #24 . The parties reported no issues. Total time in court: 30 minutes. Attorney Appearances: Richard S. Kozell, III (Counsel for Plaintiff) and Melissa Pietrzyk (Counsel for Defendant). Court Reporter: Diane Miller, 772-467-2337 / Diane_Miller@flsd.uscourts.gov. (aes) |
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Filing 41
PAPERLESS ORDER granting #34 Plaintiff's Motion to Permit Manual Filing of Video Excerpts in Advance of Preliminary Injunction Hearing Set for June 1, 2023. Plaintiff may file the video exhibits referenced in Plaintiff's Expedited Motion for Preliminary Injunction #18 and the video exhibits designated as trial exhibits #32 . The Clerk of the Court shall file all such video exhibits and excerpts in the Court file. Signed by Judge Aileen M. Cannon on 5/31/2023. (aes)
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| Filing 40 RESPONSE in Support re #18 MOTION for Preliminary Injunction on Expedited Basis Supplemental re Improper Conduct filed by R Erik, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kozell, Richard) |
| Filing 39 REPLY to Response to Motion re #18 MOTION for Preliminary Injunction on Expedited Basis filed by R Erik, LLC. (Attachments: #1 Exhibit Rebuttal Ex. R., #2 Affidavit Supp. Affidavit of R. Goessel)(Kozell, Richard) |
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Filing 38
ORDER GRANTING PLAINTIFFS MOTION FOR ORDER PERMITTING TECHNOLOGY CONSULTANT TO BRING ELECTRONIC EQUIPMENT INTO COURTROOM Signed by Judge Aileen M. Cannon on 5/31/2023. See attached document for full details. (cqs)
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| Filing 37 STIPULATION as to Undisputed Facts for Injunction Hearing by R Erik, LLC (Kozell, Richard) |
| Filing 36 EXPEDITED NOTICE OF HEARING AND PAPERLESS ORDER: In light of the time-sensitive motions for injunctive relief pending in Case Numbers 23-cv-14109 and 23-cv-14125, and to address logistical and evidentiary matters related to those pending motions, the Court hereby schedules a status conference to be held on May 31, 2023, at 4:00 P.M. via the Zoom platform. Zoom information and link will be emailed to all parties of record. No continuance of this hearing will be granted. To the extent practicable, counsel for all parties should meaningfully confer by telephone prior to the Zoom status conference in an effort to streamline the Court's resolution of the pending motions for injunctive relief and the hearing(s) on such motions. (aes) |
| Filing 35 RESPONSE to Motion re #18 MOTION for Preliminary Injunction on Expedited Basis filed by Martin County. Replies due by 6/6/2023. (Attachments: #1 Exhibit G. Stokus Affidavit, #2 Exhibit LDR Terms, #3 Exhibit Comp Plan Goals Obj and Policies, #4 Exhibit Brunner Affidavit, #5 Exhibit BKG Pets Inc v Sarasota County, #6 Exhibit Maryeli v Sunrise SDFL 13-cv-61391, #7 Exhibit D&G Ltd v City PBG 2014CA14997)(Eggers, Melissa) |
| Filing 34 MOTION for clarification to Allow Clerk to File Video Exhibits by R Erik, LLC. Responses due by 6/13/2023 (Attachments: #1 Exhibit Proposed Order)(Kozell, Richard) |
| Filing 33 MOTION for clarification to Allow Tech Vendor to Access Court by R Erik, LLC. Responses due by 6/13/2023 (Attachments: #1 Exhibit Proposed Order)(Kozell, Richard) |
| Filing 32 Exhibit List of Video Excerpts by R Erik, LLC.. (Kozell, Richard) |
| Filing 31 JOINT HEARING Plan As To Preliminary Injunction Hearing Scheduled For June 1, 2023 by Martin County re #24 Order,, Set/Reset Motion/R&R Deadlines and Hearings, Joint Hearing Plan (Eggers, Melissa) |
| Filing 30 NOTICE Of Confirmation Of Preliminary Hearing Date by Martin County (Eggers, Melissa) |
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Filing 29
PAPERLESS ORDER denying without prejudice Motion for Extension of Time #27 . The Court's schedule cannot accommodate Plaintiff's requested hearing dates. The Court will consider an extension to the week of June 20th only. Signed by Judge Aileen M. Cannon on 5/26/2023. (aes)
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| Filing 28 RESPONSE in Opposition re #27 Defendant's MOTION for Extension of Time to beiefly extend the preliminary hearing re #24 Order,, Set/Reset Motion/R&R Deadlines and Hearings, filed by R Erik, LLC. Replies due by 6/1/2023. (Attachments: #1 Exhibit Proposed Order)(Kozell, Richard) |
| Filing 27 Defendant's MOTION for Extension of Time to beiefly extend the preliminary hearing re #24 Order,, Set/Reset Motion/R&R Deadlines and Hearings, by Martin County. Responses due by 6/8/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Eggers, Melissa) |
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Filing 26
PAPERLESS ORDER granting Plaintiff's Unopposed Motion for Clarification #25 . The parties must file a joint hearing plan but may adjust the template to suit their desired evidentiary presentation, recognizing the applicable burden of proof on a motion for a preliminary injunction. At a minimum, the joint hearing plan shall list all proposed exhibits, identify the estimated time allotted for each party's evidentiary and legal presentation, and include any necessary information pertinent to the Court's planning for the hearing. Signed by Judge Aileen M. Cannon on 5/25/2023. (aes)
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| Filing 25 MOTION for clarification #24 Order,, Set/Reset Motion/R&R Deadlines and Hearings, by R Erik, LLC. Responses due by 6/7/2023 (Attachments: #1 Exhibit Proposed Order)(Kozell, Richard) |
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Filing 24
ORDER SCHEDULING HEARING ONPLAINTIFFS #18 MOTION for Preliminary Injunction on Expedited Basis filed by R Erik, LLC, ( Responses due by 5/30/2023, Replies due by 5/31/2023., On or before May 26, 2023, the parties shall file a joint hearing plan, Motion Hearing set for 6/1/2023 01:00 PM in Fort Pierce Division before Judge Aileen M. Cannon.) Signed by Judge Aileen M. Cannon on 5/22/2023. See attached document for full details. (cqs)
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| Filing 23 Notice of Pending, Refiled, Related or Similar Actions by Martin County (Eggers, Melissa) |
| Filing 22 First MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Martin County. Responses due by 6/5/2023 (Attachments: #1 Exhibit Maryeli's Lovely Pets v Sunrise - 14-cv-61391, #2 Exhibit D&G Limited v Palm Beach Gardens - 2014CA014997, #3 Exhibit BKG Pets v. Sarasota County 2016CA5533)(Eggers, Melissa) |
| Filing 21 Clerk's Notice to Filer re #19 Notice (Other), #20 Notice (Other),. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (cds) |
| Filing 20 NOTICE by R Erik, LLC of Filing Exhibits Supporting Expedited #18 Motion for Prelim. Injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit Composite L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q) (Kozell, Richard) Modified Link on 5/18/2023 (cds). |
| Filing 19 NOTICE by R Erik, LLC of Filing Affidavits Supporting #18 Exp. Motion for Prelim Injunction (Attachments: #1 Affidavit R Goessel, #2 Affidavit Gilmore, #3 Affidavit K Goessel, #4 Affidavit Diamond, #5 Affidavit K Goessel second, #6 Affidavit Scott) (Kozell, Richard) Modified Link on 5/18/2023 (cds). |
| Filing 18 MOTION for Preliminary Injunction on Expedited Basis by R Erik, LLC. (Attachments: #1 Exhibit Order Setting Hearing)(Kozell, Richard) |
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Filing 17
PAPERLESS ORDER granting #15 Plaintiff's Motion to Exceed Page Limit for Plaintiff's Motion for Preliminary Injunction. On or before May 22, 2023, Plaintiff shall file its Motion for Preliminary Injunction attached to the Motion [ECF No. 15-1] as a separate entry on the docket. Signed by Judge Aileen M. Cannon on 5/17/2023. (aes)
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| Filing 16 NOTICE by R Erik, LLC of Serving Attorney General (Kozell, Richard) |
| Filing 15 MOTION for Leave to File Excess Pages to Expedited Motion for Injunction by R Erik, LLC. (Attachments: #1 Exhibit Proposed Motion, #2 Exhibit Proposed Order)(Kozell, Richard) |
| Filing 14 Second AMENDED COMPLAINT against Martin County, filed by R Erik, LLC. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E)(Kozell, Richard) |
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Filing 13
PAPERLESS ORDER granting #12 Defendant's Motion for Extension of Time. On or before May 24, 2023, Defendant shall file a response or answer to Plaintiff's Amended Complaint #7 . Signed by Judge Aileen M. Cannon on 4/30/2023. (aes)
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| Reset Deadlines Martin County answer due 5/24/2023. Per DE#13. (cqs) |
| Filing 12 First MOTION for Extension of Time to File Response/Reply/Answer as to #7 Amended Complaint/Amended Notice of Removal by Martin County. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time)(Eggers, Melissa) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #7 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R Erik, LLC. Martin County served on 4/24/2023, response/answer due 5/15/2023. (Kozell, Richard) |
| Filing 10 NOTICE of Attorney Appearance by Melissa Lynn Eggers on behalf of Martin County. Attorney Melissa Lynn Eggers added to party Martin County(pty:dft). (Eggers, Melissa) |
| Filing 9 Summons Issued as to Martin County. (ebz) |
| Filing 8 NOTICE of Filing Proposed Summons(es) by R Erik, LLC (Kozell, Richard) |
| Filing 7 First AMENDED COMPLAINT against Martin County, filed by R Erik, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kozell, Richard) |
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Filing 6
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE, #1 Complaint, filed by R Erik, LLC, ( Amended Complaint due by 5/2/2023.) Signed by Judge Aileen M. Cannon on 4/18/2023. See attached document for full details. (cqs)
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| Filing 5 CLERK'S NOTICE - Attorney Admissions has updated the contact information for attorney Richard S. Kozell, III re #4 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 4 NOTICE of Change of Address, Email or Law Firm Name by Richard S Kozell, III (Kozell, Richard) |
| Filing 3 Summons Issued as to Martin County. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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 Martin County. Filing fees $ 402.00 receipt number AFLSDC-16542614, filed by R Erik, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Summon(s), #8 Civil Cover Sheet)(Kozell, Richard) |
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