ORDER THOMAS G. WILSON, United States Magistrate Judge. The plaintiff Progressive American Insurance Company in its amended complaint seeks subrogation from the defendant United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. 1346(b)(1), 2671 et seq., for an amount it paid its insured as uninsured motorist benefits. The defendant has filed a motion to dismiss on the ground of lack of subject matter jurisdiction. The plaintiff failed to file an administrative claim within...
ORDER THOMAS G. WILSON, United States Magistrate Judge. The plaintiff, Dennis C. Crowley, brought this lawsuit alleging that defendants OS Restaurant Services, Inc. and Outback Steakhouse of Florida, LLC (collectively "Outback" or "defendants") terminated his employment on the basis of his age, in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. 621 et seq., and the Florida Civil Rights Act of 1992 ("FCRA"), Ch. 760, Fla. Stat. Crowley also asserts that...
ORDER STEVEN D. MERRYDAY, District Judge. An insurance policy in an ERISA employee welfare benefit plan promises to pay the insured, whose "annual salary" was $260,000, a life insurance benefit in "an amount equal to 3 times Your Annual Salary, up to $400,000." After the insured's death in an airplane crash, the insurer paid the beneficiary $400,000, the stated "up to" amount. The beneficiary appealed and demanded $780,000, three times the deceased's annual salary. The insurer rejected the...
ORDER STEVEN D. MERRYDAY, District Judge. David Scott (Scott) financed his two-hundred-dollar-per-day drug habit by larceny, including by robbery. On October 22, 2005, Mrs. Sarah Edwards, while on a routine shopping trip, walked alone across a grocery store parking lot toward her car and with her purse casually strapped around her shoulder. After watching from nearby, Scott drove his father's 2002, two-ton, GMC Sierra 1500 pick-up truck toward Sarah, slowed as he pulled the truck next to her,...
ORDER CHARLENE EDWARDS HONEYWELL, District Judge. This cause comes before the Court upon Defendant Casio Computer Co., Ltd.'s ("Casio" or "Defendant") Motion to Dismiss Claims of Joint, Indirect and Willful Infringement ("Motion to Dismiss") (Doc. 14). Plaintiff Brandywine Communications Technologies, LLC ("Brandywine" or "Plaintiff") filed a Memorandum in Opposition to the Motion to Dismiss ("Response") (Doc. 23), to which Casio replied (Doc. 27). The Motion to Dismiss is ripe for review....
ORDER STEVEN D. MERRYDAY, District Judge. The United States appeals from an order of the bankruptcy court allowing the discharge under 11 U.S.C. 523(a)(1)(C) of Mark Wade Lindros's 2000 tax liability. The appeal questions whether the bankruptcy judge correctly understood and applied Section 523(a)(1)(C), which states in pertinent part that a discharge in bankruptcy "does not discharge an individual debtor from any debt ... for a tax ... with respect to which the debtor ... willfully...
ORDER JOHN ANTOON, II, District Judge. Plaintiff, Angel Asencio ("Plaintiff"), brings this putative class action against Wells Fargo Bank, N.A. ("Defendant"). The case is currently before the Court on Defendant's Motion to Dismiss (Doc. 12) and Plaintiff's Opposition (Doc. 14) thereto. As set forth below, the Complaint fails to state a claim for which relief can be granted, and Defendant's motion thus has merit. I. Legal Standard "A pleading that states a claim for relief must contain ......
ORDER GREGORY A. PRESNELL, District Judge. This cause comes before the Court on a Motion for Summary Judgment (Doc. 36) filed by Defendant Princeton House Charter School, Inc. ("PHCS"); a Response (Doc. 47) filed by Plaintiff S.S., a Reply (Doc. 50), and a Sur-Reply (Doc. 55). For the reasons discussed below, the Court will grant summary judgment in favor of PHCS with respect to Count I, and dismiss Count II without prejudice. I. Background S.S. is a six-year old child with non-verbal...
OPINION AND ORDER JOHN E. STEELE, District Judge. This matter comes before the Court on Defendant Innovative Pension Strategies, Inc.'s (IPS) Partial Motion for Summary Judgment on Damages (Doc. #338) filed on July 20, 2012. Defendants Independent Advisors of Florida, Inc., LWY Associates, Inc., Jeffrey Lambs, Eugene Gordon, Joseph Penchansky, and the Graduate Group join in the motion. (Docs. ##339, 342). On August 16, 2012, plaintiffs Edward Ehlen, Francis Ehlen, Thomas Ehlen, Ehlen...
OPINION AND ORDER JOHN E. STEELE, District Judge. This matter comes before the Court on appellant's Emergency Motion to Set Aside Sale and Motion for a Stay Pending Appeal (Misc. Doc. # 1) 1 filed on October 26, 2012. The Court directed the filing of expedited responses. (Misc. Doc. # 2.) Appellees filed a Response in Opposition (Misc. Doc. # 4) and the Chapter 7 Trustee filed a Response in Opposition (Misc. Doc. # 5). The Bankruptcy Court denied a stay pending appeal in the first instance....
ORDER JOHN ANTOON II, District Judge. In this case, Plaintiffs, Abdiel Echeverria ("Echeverria") and Isabel Santamaria ("Santamaria"), have filed pro se a four-count Third Amended Verified Complaint ("Third Amended Complaint") (Doc. 49) against Defendants, BAC Home Loans Servicing, LP ("BAC") and Bank of America, N.A. stemming from BAC's conduct while servicing Plaintiffs' home loan. Defendants have filed a motion to dismiss and a motion for summary judgment as to all claims. 1 As...
ORDER CHARLENE EDWARDS HONEYWELL, District Judge. This cause comes before the Court upon Defendant T-Mobile U.S.A., Inc.'s ("T-Mobile" or "Defendant") Motion to Dismiss Claims of Induced, Contributory, Willful, and Joint Infringement ("Motion to Dismiss") (Doc. 17). Plaintiff Brandywine Communications Technologies, LLC ("Brandywine" or "Plaintiff") filed a Memorandum in Opposition to the Motion to Dismiss ("Response") (Doc. 21), to which T-Mobile replied (Doc. 25). The Motion to Dismiss is...
ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on a motion for summary judgment filed by Defendant The School Board of Manatee County, Florida ("School Board"), Plaintiff Valentino Castro's response in opposition to the motion, and the School Board's reply. (Dkts. 23, 29, 38.) Castro, a school psychologist formerly employed by the School Board, alleges that the School Board terminated his employment because of his age, in violation of the Age Discrimination in...
ORDER MONTE C. RICHARDSON, Magistrate Judge. THIS CAUSE is before the Court on Defendant, Lender Processing Services's Motion to Quash Third Party Subpoena (Doc. 37) and Motion for Protective Order (Doc. 39). In the first motion, Defendant asks the Court to quash a subpoena issued to the attorney of a plaintiff with a similar case, Cornett v. Lender Processing Services, Inc., No. 3:12-cv-233-J-32TEM. (Doc. 37). The subpoena seeks many of the same documents Plaintiff has requested in the...
ORDER JAMES D. WHITTEMORE, District Judge. In Count I of this action, Marlow Marine Sales seeks a declaration that Continental Insurance Company owed a duty to defend and indemnify Marlow in an underlying lawsuit against Marlow. Before the Court are the parties' motions for summary judgment (Dkts. 26, 35), and their respective responses in opposition (Dkts. 34, 39). Upon consideration, Continental Insurance Company's motion is granted, and Marlow Marine Sales's motion is denied. The...
ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant to the September 19, 2012, report and recommendation of Thomas B. McCoun, United States Magistrate Judge (Doc. # 43), in which Judge McCoun recommends that Plaintiffs' Motion for Preliminary Injunction (Doc. # 5) be granted. As of this date, there are no objections to the report and recommendation, and the time for the parties to file such objections has elapsed. After conducting a careful and...
ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Defendant's Motion for Reconsideration (Dkt. 11) and Plaintiff's Response in opposition (Dkt. 13). The Court, having considered the motion, response, and being otherwise advised of the premises, concludes that the motion should be denied. DISCUSSION Plaintiff Yancy Harrier brings this action against Defendant Verizon Wireless Personal Communications LP ("Verizon") under Fla. Stat. 559.55 et seq., the...
ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This matter comes before the Court pursuant to the appeal of David H. Crumpton, in his capacity as Distribution Trustee for the Distribution Trust of Northlake Foods, Inc., of the Bankruptcy Court's February 9, 2011, Order granting Appellee's Motion for Judgment on the Pleadings (Doc. # 1-15), and the Bankruptcy Court's September 9, 2011, Order granting Appellee's Motion to Dismiss Amended Complaint (Doc. # 1-2). This Court has...
ORDER STEVEN D. MERRYDAY, District Judge. Hunt Construction Group, Inc., The Clark Construction Group, Inc., and Construct Two Construction Managers, Inc., (together, "HCC") appeal (Doc. 21) an April 19, 2010, bankruptcy court judgment (Doc. 1-1) in favor of Electronic Machinery Enterprises, Inc. ("EME"). EME answers (Doc. 27), and HCC replies. (Doc. 30) THE BANKRUPTCY JUDGE'S ORDER The bankruptcy judge's order includes the following findings of fact and conclusions of law: Orange...
ORDER CHARLENE EDWARDS HONEYWELL, District Judge. This case is before the Court on the Petition for Habeas Corpus Relief (Doc. No. 1) filed by Richard E. Lynch. Pursuant to the instructions of the Court, Respondents filed a Response to Petition for Writ of Habeas Corpus (Doc. No. 18). Thereafter, Petitioner filed a Reply to the Response (Doc. No. 23). As discussed hereinafter, the habeas petition is denied in part and granted in part. I. STATEMENT OF FACTS The factual and procedural...
