Isabel Cerda v. Alin Corporation et al
| Santos Isabel Cerda |
| Alin Corporation doing business as The Cafe, Conch Cafe', Inc. doing business as Banana Cafe, Jamille A. Cucci, Dominique M. Falkner, Alin Corporation doing business as THE CAFE, MOONDOG CAFE, LLC and Marlene Quintana |
| Moondog Cafe, LLC, Conch Cafe', Inc. and Alin Corporation |
| 4:2021cv10122 |
| December 13, 2021 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Edwin G Torres |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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Filing 84
PAPERLESS ORDER granting #78 the Parties' Joint Motion for Approval of the Parties' Settlement Agreement. The parties' Settlement Agreement is approved, and this action is dismissed with prejudice. The Court retains jurisdiction for a period of sixty (60) days to enforce the terms of the Settlement Agreement. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 82 Terminated DE #79 Motion to Seal to allow attorney to file sealed documents. (kpe) |
| SYSTEM ENTRY - Docket Entry 83 [misc] restricted/sealed until further notice. (694429) |
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Filing 81
PAPERLESS ORDER granting #79 Motion to Seal (Attorney) filed by Moondog Cafe, LLC, Conch Cafe', Inc., Dominique M. Falkner, Alin Corporation, Jamille A. Cucci. Signed by Judge Darrin P. Gayles on 6/5/2023. (pes) Clerk's Note: Re-docketing DE 80 to allow electronic sealed filing.
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Filing 80
PAPERLESS ORDER granting #79 Joint Motion to Submit Settlement Agreement and Supporting Declaration Under Seal. The parties' Agreement and supporting Declaration may be filed under seal and to remain under seal for a period of five (5) years from the date of filing. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 79 Joint MOTION to Submit Settlement Agreement and Supporting Declaration Under Seal by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. (Muldowney, Patrick) Modified relief event on 6/9/2023 (pes). |
| Filing 78 Joint MOTION for Settlement Approval by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. Responses due by 6/16/2023 (Attachments: #1 Exhibit A - Proposed Order)(Muldowney, Patrick) |
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Filing 77
PAPERLESS ORDER administratively closing case in light of #75 the Mediator's Report, which indicates that this matter has settled in full. The parties are hereby notified that, within twenty-eight (28) days of the date of this Order, they must file a Stipulation or Notice of Dismissal and/or Settlement Agreement along with any other pertinent document necessary to conclude this action. Any pending motions are denied as moot. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 76 PAPERLESS ORDER denying as moot #66 Motion for Leave to File Discovery Order; denying as moot #67 Motion to Enforce Subpoena. The motions are moot upon the Mediator's notice of settlement. The parties shall file their stipulated dismissal and any related matters within 28 days. Signed by Ch. Magistrate Judge Edwin G. Torres on 5/23/2023. (EGT) |
| Filing 75 FINAL MEDIATION REPORT by Marlene Quintana. Disposition: Settled in full. Mediation held/partially held via video-conference. (Quintana, Marlene) |
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Filing 74
PAPERLESS ORDER denying #64 Plaintiff's Expedited Motion to Extend Discovery Deadline and denying #65 Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff has not established good cause to extend the discovery deadline or for leave to amend at this late stage of the litigation. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 73 REPLY to Response to Motion re #64 EXPEDITED MOTION Extend Discovery Deadline filed by Santos Isabel Cerda. (Attachments: #1 Exhibit A)(Hirsch, Yenys) |
| Filing 72 Notice of Supplemental Authority re #64 EXPEDITED MOTION Extend Discovery Deadline by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC (Attachments: #1 Exhibit A - Notice of Right to Sue) (Muldowney, Patrick) |
| Filing 71 REPLY IN SUPPORT OF HER MOTION re #65 MOTION for Leave to File Second Amended Complaint filed by Santos Isabel Cerda. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hirsch, Yenys) Modified text on 5/10/2023 (ebz). |
| Filing 70 RESPONSE in Opposition re #65 MOTION for Leave to File Second Amended Complaint filed by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. Replies due by 5/16/2023. (Attachments: #1 Exhibit A - The Cafes unverified amended interrogatory responses, #2 Exhibit B - The Cafes verified (and corrected) version of the amended interrogatory responses, #3 Exhibit C - Example of information provided regarding pay rates of Plaintiffs co-workers)(Muldowney, Patrick) |
| Filing 69 RESPONSE in Opposition re #64 EXPEDITED MOTION Extend Discovery Deadline filed by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. Replies due by 5/16/2023. (Attachments: #1 Exhibit A - The Cafes unverified amended interrogatory responses, #2 Exhibit B - The Cafes verified (and corrected) version of the amended interrogatory responses, #3 Exhibit C - Example of information provided regarding pay rates of Plaintiffs co-workers)(Muldowney, Patrick) |
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Filing 68
PAPERLESS ORDER. On or before May 10, 2023, Defendants shall file a response to Plaintiff's Expedited Motion to Extend the Discovery Deadline #64 and Plaintiff's Motion for Leave to File a Second Amended Complaint #65 . Signed by Judge Darrin P. Gayles (hs01)
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| Set/Reset Deadlines/Hearings as to #64 EXPEDITED MOTION Extend Discovery Deadline , #65 MOTION for Leave to File Second Amended Complaint. Responses due by 5/10/2023 Per DE 68 Order. (ebz) Modified text on 5/5/2023 (ebz). |
| Filing 67 MOTION to Enforce Subpoena Duces Tecum to Testify at a Deposition by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. (Attachments: #1 Exhibit A - Subpoena and letter, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Text message, #4 Exhibit D - Notice of Non-Appearance, #5 Exhibit E Invoice)(Muldowney, Patrick) |
| Filing 66 Joint MOTION for Leave to File ENTRY OF ORDER REGARDING APRIL 27, 2023, DISCOVERY HEARING by Santos Isabel Cerda. (Attachments: #1 Exhibit A)(Hirsch, Yenys) |
| Filing 65 MOTION for Leave to File Second Amended Complaint by Santos Isabel Cerda. (Attachments: #1 Exhibit 1)(Hirsch, Yenys) |
| Filing 64 EXPEDITED MOTION Extend Discovery Deadline by Santos Isabel Cerda. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hirsch, Yenys) |
| Filing 63 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Edwin G. Torres: Discovery Hearing held on 4/27/2023. Attorney Appearance(s):, Yenys Hirsch, Michael Jr Arguez, Patrick Michael Muldowney (Digital 10:37:50) Total time in court: 1 hour(s) : 7 minutes. (mdc) |
| Filing 62 PAPERLESS ORDER granting #61 Motion for Hearing: A Discovery Hearing is set for 4/27/2023 at 10:30 AM before Ch. Magistrate Judge Edwin G. Torres. This hearing will take place in person at the United States Courthouse, James Lawrence King Building, Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. Signed by Ch. Magistrate Judge Edwin G. Torres on 4/12/2023. (jfz) |
| Filing 61 MOTION for Hearing by Santos Isabel Cerda. (Hirsch, Yenys) |
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Filing 60
ORDER granting #59 Motion for Entry of Discovery Order re March 16 2023 Hearing. Signed by Ch. Magistrate Judge Edwin G. Torres on 3/20/2023. See attached document for full details. (EGT)
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| Filing 59 Joint MOTION for Leave to File ENTRY OF ORDER REGARDING MARCH 16, 2023, DISCOVERY HEARING by Santos Isabel Cerda. (Attachments: #1 Exhibit A)(Hirsch, Yenys) |
| Filing 58 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Edwin G. Torres: Discovery Hearing held on 3/16/2023. Attorney Appearance(s): Yenys Hirsch, Michael Jr Arguez, Patrick Michael Muldowney. (Digital 10:42:21) Total time in court: 1 hour(s) : 2 minutes. (mdc) |
| Filing 57 PAPERLESS ORDER Granting in part and denying in part 55 ORAL Motion to Compel. Signed by Ch. Magistrate Judge Edwin G. Torres on 3/16/2023. (mdc) |
| Filing 56 PAPERLESS ORDER Granting in part and denying in part 54 ORAL Motion for Protective Order. Signed by Ch. Magistrate Judge Edwin G. Torres on 3/16/2023. (mdc) |
| Filing 55 MOTION to Compel Deposition Dates by Santos Isabel Cerda. (mdc) |
| Filing 54 MOTION for Protective Order by Alin Corporation. (mdc) |
| Filing 53 NOTICE of Mediator Selection and Hearing. Selected/Added Marlene Quintana as Mediator. Mediation Hearing set for 5/22/2023 at 10:00 a.m.. (Sales, Erin) |
| Filing 52 NOTICE of Compliance Amended Notice of Compliance by Santos Isabel Cerda re #48 Notice of Compliance filed by Santos Isabel Cerda (Hirsch, Yenys) |
| Filing 51 NOTICE of Compliance by Alin Corporation re 49 Notice re Hearing, (Sales, Erin) |
| Filing 50 NOTICE of Compliance by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC (Attachments: #1 Exhibit A.) (Sales, Erin) |
| Filing 49 PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 3/16/2023 at 10:30 AM before Ch. Magistrate Judge Edwin G. Torres. This hearing will take place in person at the United States Courthouse, James Lawrence King Building, Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. (jfz) |
| Filing 48 NOTICE of Compliance by Santos Isabel Cerda (Hirsch, Yenys) |
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Filing 47
ORDER granting #46 Motion for Entry of Discovery Order re 12/22/2022 Hearing. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/28/2022. See attached document for full details. (EGT)
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| Filing 46 Joint MOTION for Leave to File ENTRY OF ORDER REGARDING DECEMBER 22, 2022 DISCOVERY HEARING by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. (Attachments: #1 Exhibit A. Joint Proposed Order Regarding Discovery Hearing)(Sales, Erin) |
| Filing 45 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Edwin G. Torres: Discovery Hearing held on 12/22/2022. Order to follow. Attorney Appearance(s): Erin Michelle Sales, Yenys Hirsch, Michael Jr Arguez, (Digital 10:42:15) Total time in court: 44 minutes. (dgj) |
| Filing 44 PAPERLESS ORDER terminating #43 Motion to Quash Subpoena. A discovery hearing is scheduled on the issues raised in the motion and will be held December 22, 2022, at 10:30 a.m., United States Courthouse, James Lawrence King Bldg., Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. **Counsel shall note the time change of the hearing.** Signed by Ch. Magistrate Judge Edwin G. Torres on 12/16/2022. (EGT) |
| Filing 43 MOTION to Quash Subpoena or, in the Alternative, Motion for Protective Order by Santos Isabel Cerda. (Attachments: #1 Exhibit 1 - Subpoena and Touhy Letter, #2 Exhibit 2)(Hirsch, Yenys) |
| Filing 42 PAPERLESS ORDER terminating #34 Motion to Quash. A discovery hearing is scheduled on the issues raised in the motion and will be held December 22, 2022, at 11:30 a.m., United States Courthouse, James Lawrence King Bldg., Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/13/2022. (EGT) |
| Filing 41 PAPERLESS ORDER DENYING #40 Motion for Leave to Appear Remotely. The Discovery Hearing is set to take place in person. The parties may privately confer and resolve by agreement the pending discovery dispute, or contact Chambers to continue the hearing for a more convenient date and time. Signed by Ch. Magistrate Judge Edwin G. Torres on 12/8/2022. (jfz) |
| Filing 40 Unopposed MOTION for Leave to Appear Discovery Hearing/ December 22, 2022/ 11:30 AM . Attorney/Representative: Erin Michelle Sales by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. Responses due by 12/22/2022 (Attachments: #1 Exhibit A. Proposed Order)(Sales, Erin) |
| Filing 39 NOTICE of Compliance by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC re 38 Notice re Hearing, (Sales, Erin) |
| Filing 38 PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 12/22/2022 at 11:30 AM before Ch. Magistrate Judge Edwin G. Torres. This hearing will take place in person at the United States Courthouse, James Lawrence King Building, Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. All persons attending the hearing will be subject to the Court's latest COVID Order and guidelines. (jfz) |
| Filing 37 Defendant's REPLY IN SUPPORT OF MOTION #34 MOTION to Quash or, alternatively, for a protective order regarding the Subpoena for Records propounded on Tropical City Services LLC filed by Alin Corporation. (Muldowney, Patrick) Modified text on 11/7/2022 (ebz). |
| Filing 36 RESPONSE in Opposition re #34 MOTION to Quash or, alternatively, for a protective order regarding the Subpoena for Records propounded on Tropical City Services LLC filed by Santos Isabel Cerda. Replies due by 11/7/2022. (Attachments: #1 Exhibit 1 - Subpoena to Tropical City Services LLC, #2 Exhibit 2 - Defendants' Position Statement, #3 Exhibit 3 - Superseding Indictment, #4 Exhibit 4- Plaintiff First Request for Production to Corporate Defendants)(Hirsch, Yenys) |
| Filing 35 ANSWER to Counterclaim by Santos Isabel Cerda. (Hirsch, Yenys) |
| Filing 34 MOTION to Quash or, alternatively, for a protective order regarding the Subpoena for Records propounded on Tropical City Services LLC by Alin Corporation, Moondog Cafe, LLC. (Sales, Erin) |
| Filing 33 ANSWER and Affirmative Defenses to Amended Complaint by Jamille A. Cucci, Dominique M. Falkner. (Muldowney, Patrick) |
| Filing 32 ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against Santos Isabel Cerda by Conch Cafe', Inc., Alin Corporation, Moondog Cafe, LLC. (Muldowney, Patrick) |
| Filing 31 First AMENDED COMPLAINT against Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner filed in response to Order Granting Motion for Leave, filed by Santos Isabel Cerda.(Hirsch, Yenys) |
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Filing 30
PAPERLESS ORDER granting #26 Motion for Leave to File Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 29 NOTICE by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC of Non-Objection to Plaintiff's Motion for Leave to File First Amended Complaint (Sales, Erin) |
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Filing 28
ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 9/12/2022. See attached document for full details. (mdc)
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Filing 27
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 11/6/2023 before Judge Darrin P. Gayles., Calendar Call set for 11/1/2023 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 6/7/2023 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 6/1/2023.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 9/7/2022. See attached document for full details. (ebz) #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 26 MOTION for Leave to File First Amended Complaint by Santos Isabel Cerda. (Attachments: #1 Exhibit 1)(Hirsch, Yenys) |
| Filing 25 Joint SCHEDULING REPORT - Rule 16.1 by Alin Corporation, Conch Cafe', Inc., Moondog Cafe, LLC (Attachments: #1 Exhibit A - Form Consenting to Referral to the Magistrate of discovery motions, #2 Exhibit B - Proposed Scheduling Order)(Muldowney, Patrick) |
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Filing 24
PAPERLESS ORDER granting in part #23 Plaintiff's Motion for Extension of Time to Serve the Individual Defendants. Plaintiff shall have until September 30, 2022, to effectuate service on the Individual Defendants. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 23 MOTION for Extension of Time to Serve the Individual Defendants by Santos Isabel Cerda. Responses due by 8/29/2022 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hirsch, Yenys) |
| Set/Reset Deadlines/Hearings. Per DE #21 Order. Joint Scheduling Report due by 8/23/2022 (ebz) |
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Filing 22
PAPERLESS ORDER denying #19 Defendants' Motion for Sanctions Pursuant to Fed. R. Civ.P. 11(C). Despite having filed an answer to the Complaint #5 , Defendants Motion attacks the allegations in the Complaint relating to Conch Caf Inc. d/b/a Banana Caf. These arguments should be raised, after discovery, in a motion for summary judgment, not a motion for sanctions. Signed by Judge Darrin P. Gayles (hs01)
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Filing 21
PAPERLESS ORDER denying #18 Plaintiff's Motion for Leave to Take the Deposition of Individual Defendants Jamille A. Cucci and Dominique M. Falkner. The Court does not find good cause to expedite the discovery in this matter before the entry of a scheduling order. To that end, pursuant to S.D. Fla. Local Rule 16.1, on or before August 23, 2022,, Plaintiff and the Corporate Defendants shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates. The Court may adjust the scheduling order, if necessary, following service on the individual Defendants.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 20 RESPONSE to Motion re #18 MOTION for Discovery FOR LEAVE TO TAKE THE DEPOSITION OF INDIVIDUAL DEFENDANTS JAMILLE A. CUCCI AND DOMINIQUE M. FALKNER filed by Alin Corporation, Conch Cafe', Inc., Moondog Cafe, LLC. Replies due by 8/12/2022. (Attachments: #1 Exhibit 1 - Relevant correspondence between counsel, #2 Exhibit 2 - Correspondence between counsel and the Court, #3 Exhibit 3 - Correspondence between counsel)(Muldowney, Patrick) |
| Filing 19 MOTION for Sanctions by Alin Corporation, Conch Cafe', Inc., Moondog Cafe, LLC. (Attachments: #1 Exhibit 1 - Declaration of Dominique Falkner, #2 Exhibit 2 - Letter to Plaintiffs Counsel)(Muldowney, Patrick) |
| Filing 18 MOTION for Discovery FOR LEAVE TO TAKE THE DEPOSITION OF INDIVIDUAL DEFENDANTS JAMILLE A. CUCCI AND DOMINIQUE M. FALKNER by Santos Isabel Cerda. Responses due by 8/5/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hirsch, Yenys) |
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Filing 17
PAPERLESS ORDER denying #11 Defendants' Motion to Dismiss Complaint Against Jamille A. Cucci and Dominique M. Falkner for the reasons stated on the record at the hearing on June 21, 2022. The Court finds good cause to extend the deadline for service of process for an additional sixty days from the date of this Order. Defendants' counsel shall notify the Court and opposing counsel in writing if the Individual Defendants will be traveling or not residing at their primary residence over the next sixty days. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 16 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 6/21/2022 re #11 Defendants' Motion to Dismiss Complaint Against Jamille A. Cucci and Dominique M. Falkner. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (hs01) |
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Filing 15
PAPERLESS ORDER Setting Hearing on #11 Defendants' Motion to Dismiss Complaint Against Jamille A. Cucci and Dominique M. Falkner Pursuant to Fed. R. Civ. P. 12(B)(5) for Insufficient Service of Process. Telephonic Motion Hearing set for 6/21/2022 at 2:00 PM before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 14 REPLY to #11 MOTION to Dismiss #1 Complaint, , #12 Response in Opposition to Motion by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. (Attachments: #1 Exhibit 1 Supplemental Declaration of Jamille Cucci, #2 Exhibit 2 Supplemental Declaration of Dominique Falkner)(Muldowney, Patrick) |
| Filing 13 NOTICE of Attorney Appearance by Erin Michelle Sales on behalf of Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. Attorney Erin Michelle Sales added to party Alin Corporation(pty:dft), Attorney Erin Michelle Sales added to party Conch Cafe', Inc.(pty:dft), Attorney Erin Michelle Sales added to party Jamille A. Cucci(pty:dft), Attorney Erin Michelle Sales added to party Dominique M. Falkner(pty:dft), Attorney Erin Michelle Sales added to party Moondog Cafe, LLC(pty:dft). (Sales, Erin) |
| Filing 12 RESPONSE in Opposition re #11 MOTION to Dismiss #1 Complaint, filed by Santos Isabel Cerda. Replies due by 4/7/2022. (Attachments: #1 Affidavit, #2 Affidavit)(Hirsch, Yenys) |
| Filing 11 MOTION to Dismiss #1 Complaint, by Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. Attorney Patrick Michael Muldowney added to party Jamille A. Cucci(pty:dft), Attorney Patrick Michael Muldowney added to party Dominique M. Falkner(pty:dft). Responses due by 4/1/2022 (Attachments: #1 Exhibit Declaration of Dominique M. Falkner, #2 Exhibit Declaration of Jamille A. Cucci)(Muldowney, Patrick) |
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Filing 10
PAPERLESS ORDER granting #9 Motion for Extension of Time. The parties shall file their joint scheduling report and proposed scheduling order within thirty (30) days of the individual Defendants' appearance in this case. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 9 Unopposed MOTION for Extension of Time to File Joint Scheduling Report re #8 Order Requiring Joint Scheduling Report,,,, by Santos Isabel Cerda. Responses due by 3/3/2022 (Hirsch, Yenys) |
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Filing 8
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before February 22, 2022, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)
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| Filing 7 Counter-Defendant ANSWER to Counterclaim and Affirmative Defenses by Santos Isabel Cerda. (Hirsch, Yenys) |
| Filing 6 Corporate Disclosure Statement by Alin Corporation, Conch Cafe', Inc., Moondog Cafe, LLC (Muldowney, Patrick) |
| Filing 5 ANSWER and Affirmative Defenses to Complaint , COUNTERCLAIM of Alin Corporation against Santos Isabel Cerda by Moondog Cafe, LLC, Conch Cafe', Inc., Alin Corporation. Attorney Patrick Michael Muldowney added to party Alin Corporation(pty:dft), Attorney Patrick Michael Muldowney added to party Conch Cafe', Inc.(pty:dft), Attorney Patrick Michael Muldowney added to party Moondog Cafe, LLC(pty:dft). (Muldowney, Patrick) |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. 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. Signed by Judge Darrin P. Gayles (hs01) |
| Filing 3 Summons Issued as to Alin Corporation, Conch Cafe', Inc., Jamille A. Cucci, Dominique M. Falkner, Moondog Cafe, LLC. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. 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. 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. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15240825, filed by Santos Isabel Cerda. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Civil Cover Sheet)(Hirsch, Yenys) |
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