Banyan Cay Resort Fund, LLC v. Gatto
| Banyan Cay Resort Fund, LLC |
| Domenic J. Gatto, Jr., American Immigration Group, LLC and David Finkelstein |
| 9:2023cv80707 |
| April 26, 2023 |
| US District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Banyan Cay Resort Fund, LLC (Groth, Jonathan) |
| Filing 22 STATUS REPORT Regarding Bankruptcy Auction (Joint) by Banyan Cay Resort Fund, LLC (Groth, Jonathan) |
Filing 21
ORDER SCHEDULING SETTLEMENT CONFERENCE VIA ZOOM VTC. Settlement Conference set for 9/1/2023 at 10:00 AM before Magistrate Judge William Matthewman. Signed by Magistrate Judge William Matthewman on 6/22/2023. See attached document for full details. (mee) Corrected Judge holding hearing in text on 6/22/2023 (mf).
|
| Reset Hearing to correct Judge re: DE #21 Settlement Conference set for 9/1/2023 10:00 AM in West Palm Beach Division before Magistrate Judge William Matthewman. (mf) |
| Filing 20 DOMENIC J. GATTO, Jr., ANSWER and Affirmative Defenses to Amended Complaint , THIRD PARTY COMPLAINT against American Immigration Group, LLC, David Finkelstein, COUNTERCLAIM against Banyan Cay Resort Fund, LLC by Domenic J. Gatto, Jr. (Attachments: #1 Exhibit EB5 Commitment Letter)(Klett, Stanley) |
|
Filing 19
ORDER REFERRING CASE TO MAGISTRATE JUDGE FOR SETTLEMENT CONFERENCE. REFERRING CASE to Magistrate Judge William Matthewman for a settlement conference. Signed by Judge Donald M. Middlebrooks on 6/13/2023. See attached document for full details. (mee)
|
| Filing 18 Joint NOTICE of Mediator Selection. Selected/Added Jacqueline Hogan Scola as Mediator. (Wilkins, Robert) |
| Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by Banyan Cay Resort Fund, LLC (Gielchinsky, Daniel) |
|
Filing 16
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 7/14/2023., Discovery due by 11/3/2023., Fact Discovery due by 11/3/2023., Expert Discovery due by 11/3/2023., Joinder of Parties due by 7/14/2023., In Limine Motions due by 11/17/2023., Motions due by 11/17/2023., Pretrial Stipulation due by 12/19/2023., Jury Trial set for 1/16/2024 at 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 1/10/2024 at 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 5/26/2023. See attached document for full details. (mee) #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.
|
| Filing 15 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The Scheduling Conference was held via Zoom Video Teleconference on 5/26/2023. The Court discussed whether parties would be added, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the Local Rules, discovery, good faith conferral, and the pendency of a related bankruptcy action. Written scheduling order and order of referral to mediation will be issued. The parties advised the Court of a related bankruptcy proceeding involving certain non-party corporate entities, and the parties agreed to file a Joint Status Report on or before June 22, 2023, to advise this Court of the status of the anticipated June 13, 2023 auction of real property and June 15, 2023 bankruptcy sale hearing and its effect, if any, upon this case. Total time in court: 29 minutes. Attorney Appearance(s): Steven E. Ostrow, Jonathan Edward Groth, Robert William Wilkins, Stanley Dale Klett, Jr. (Digital Zoom Video Recording Start Time: 2:03 p.m.) (cpe) |
| Filing 14 NOTICE of Attorney Appearance by Michael James Gore on behalf of Domenic J. Gatto, Jr. Attorney Michael James Gore added to party Domenic J. Gatto, Jr(pty:dft). (Gore, Michael) |
| Filing 13 NOTICE of Attorney Appearance by Stanley Dale Klett, Jr on behalf of Domenic J. Gatto, Jr. Attorney Stanley Dale Klett, Jr added to party Domenic J. Gatto, Jr(pty:dft). (Klett, Stanley) |
| Filing 12 NOTICE of Attorney Appearance by Robert William Wilkins on behalf of Domenic J. Gatto, Jr. Attorney Robert William Wilkins added to party Domenic J. Gatto, Jr(pty:dft). (Wilkins, Robert) |
|
Filing 11
PAPERLESS ORDER granting (DE #4 ; DE #5 ) Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Steven E. Ostrow and James Vandermark. Signed by Judge Donald M. Middlebrooks on 5/17/2023. (orz)
|
|
Filing 10
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 5/26/2023 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 5/10/2023. (no00)
|
|
Filing 9
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 1/16/2024 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/10/2024 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a scheduling conference. Signed by Judge Donald M. Middlebrooks on 5/8/2023. See attached document for full details. (mee) #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.
|
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a response/answer filing deadline pursuant to Fed. R. Civ. P. 15 as determined by the attorney/filer of 5/24/23 by Banyan Cay Resort Fund, LLC. Domenic J. Gatto, Jr served on 5/1/2023. (Marcushamer, Isaac) |
| Filing 7 AMENDED COMPLAINT against Domenic J. Gatto, Jr, filed by Banyan Cay Resort Fund, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33)(Marcushamer, Isaac) |
|
Filing 6
PAPERLESS ORDER. Plaintiff fails to properly allege that this Court has jurisdiction under 28 U.S.C. 1332. Plaintiff appears to equate residence with citizenship when pleading the citizenship of all LLC members and Defendant. See McCormick v. Aderholt, 293 F.3d 1254, 1257-58 (11th Cir. 2002) (defining domicile as "the place of [a person's] true, fixed, and permanent home and principal establishment, and to which he has the intention of returning whenever he is absent therefrom"); see also Rolling Greens MHP, LP v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004). Without allegations regarding the citizenship of all members and Defendant, the court cannot determine whether complete diversity exists. Plaintiff is directed to cure this deficiency by filing an amended complaint on or before May 5, 2023. Signed by Judge Donald M. Middlebrooks on 4/28/2023. (orz)
|
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James Vandermark. Filing Fee $ 200.00 Receipt # AFLSDC-16572414 by Banyan Cay Resort Fund, LLC. Responses due by 5/10/2023 (Attachments: #1 Text of Proposed Order)(Marcushamer, Isaac) |
| Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven E. Ostrow. Filing Fee $ 200.00 Receipt # BFLSDC-16572413 by Banyan Cay Resort Fund, LLC. Responses due by 5/10/2023 (Attachments: #1 Text of Proposed Order)(Marcushamer, Isaac) |
| Filing 3 Summons Issued as to Domenic J. Gatto, Jr. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (nan) |
| Filing 1 COMPLAINT against Domenic J. Gatto, Jr. Filing fees $ 402.00 receipt number BFLSDC-16571219, filed by Banyan Cay Resort Fund, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33)(Marcushamer, Isaac) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
