Stipulated Order for Injunction VIRGINIA M. HERNANDEZ COVINGTON, District Judge. The United States seeks a permanent injunction against defendant Tyree Middleton (" Middleton ") under Internal Revenue Code (I.R.C., 26 U.S.C.) 7402, 7407, and 7408. Specifically, the United States seeks to prevent Middleton from preparing federal tax returns, amended returns, and other related documents and forms for others; engaging in any activity subject to penalty under 26 U.S.C. 6694, 6695, or 6701;...
ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This matter comes before the Court in consideration of Plaintiff Bentley's Motion for Entry of Summary Judgment Against the Frary Defendants and Renewal of Motion for Default Judgment Against the Fugazzi Defendants. (Doc. # 94), filed on June 27, 2013. Defendants Robert Frary III and Keeping It Real Auto Customizing, Inc. filed an affidavit (Doc. # 106) as well as a memorandum (Doc. # 109) in opposition to Bentley's Motion on August 29,...
ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Defendant Bank of America's Amended Motion to Dismiss (Doc. # 6) filed on August 31, 2013. Plaintiff filed a Response to Defendant's Amended Motion to Dismiss (Doc. # 14) on September 17, 2013. Plaintiff filed a Corrected Response to Defendant's Amended Motion to Dismiss (Doc. #30) on October 22, 2013. Defendant filed a Reply to Plaintiff's Corrected Response (Doc. # 36) on November 4, 2013. Thus, the...
OPINION AND ORDER JOHN E. STEELE, District Judge. This matter came before the Court on August 27, 28, and 29, 2013 for a non-jury trial on various claims among the remaining parties. As the parties state in the Joint Pretrial Statement, this lawsuit arises from the failed development of the Coconut Crossings Master Plan Development ("Coconut Crossing"), a mixed-use commercial retail center. (Doc. #285, p. 1.) The last three parties with outstanding claims and/or defenses are Westwind...
ORDER STEVEN D. MERRYDAY, District Judge. An error in a syllogism, otherwise a venerable tool of logic, can assume many forms. In some forms, the faulty syllogism offends the reader immediately, even before the reader identifies precisely the flaw in a premise, because the reader instantly recognizes the flaw in the conclusion. For example: (1) Nothing is better than hot coffee on a cold morning. (2) Lukewarm coffee is better than nothing on a cold morning. Therefore: (3) Lukewarm coffee...
ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon the Plaintiff CSDVRS, LLC's Motion to Remand (Dkt. #21) and Defendant Purple Communications, Inc.'s Opposition to Plaintiff's Motion to Remand (Dkt. #45) and CSDVRS, LLC's Motion for Leave to Reply to Defendant Purple Communications' Opposition to Plaintiff's Motion to Remand (Dkt. #46). Upon review and consideration, it is the Court's conclusion that the case should be remanded to state court. Background...
ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. Defendants Verizon Florida, LLC and Verizon Communications, Inc. (collectively "Verizon") filed their Sealed Motion for Final Summary Judgment (Doc. #94) on August 8, 2013. Plaintiff Astro Tel, Inc., filed its Sealed Response in Opposition to the Motion for Summary Judgment (Doc. # 100) on August 29, 2013. Verizon filed a Sealed Reply on September 20, 2013. (Doc. # 107). 1 For the reasons that follow, the Court grants Verizon's...
ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. Now before this Court is Defendant DePuy Orthopaedics, Inc.'s Motion for Summary Judgment (Doc. #26), filed on June 25, 2013. Plaintiff Ramona K. Brown filed her response in opposition on July 25, 2013 (Doc. #29), and DePuy filed a reply to Brown's response on August 15, 2013 (Doc. #33). After due consideration and for the reasons stated below, the Court grants the Motion. I. Background and Procedural History On March 19, 2009,...
ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on Defendants' Motion to Dismiss (Doc. #18) filed on July 30, 2012 2 ; Plaintiff's Response in Opposition to Defendants' Motion to Dismiss (Doc. #36) filed on July 19, 2013; Reply in Support of Defendants' Motion to Dismiss (Doc. #41) filed on August 6, 2013; and Plaintiff's Surreply in Opposition to Motion to Dismiss (Doc. #45) filed on August 28, 2013. The Motion is now ripe for review. BACKGROUND...
ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Defendant Golden Considerations, Inc.'s Motion to Dismiss. (Dkt. 4.) Plaintiff Catherine Baker opposes. (Dkt. 5.) I. BACKGROUND Plaintiff Catherine Baker, who is white, was employed as the Marketing Director for the Florida territory by Defendants Southeast Preneed Services ("Southeast") and Golden Considerations, Inc. ("Golden"). 1 Southeast and Golden were either joint employers or a common enterprise with...
ORDER STEVEN D. MERRYDAY, District Judge. This action between Odyssey Marine Exploration and the Kingdom of Spain adjudicates the right to possession and ownership of more than $600,000,000.00 in silver specie. 1 This action presented from the outset not merely the dicey prospects of a damages action; this action presented a claim to ownership by a party holding-in-hand an enormous, historic trove of treasure, holding-in-hand riches "beyond the dreams of avarice." A contest for $600 million...
ORDER JAMES S. MOODY, JR., District Judge. BEFORE THE COURT is Defendant's letter Motion (Dkt. #332) in which Defendant requests that his judgment be reviewed in light of U.S. v. Bellaizac-Hurtado, 700 F.3d 1245 (11th Cir.2012). The Court notes that Defendant pled guilty to possession with intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine while on board a vessel subject to the jurisdiction of the United States. In Bellaizac-...
ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on a Motion for Summary Judgment filed by Defendants BP Exploration & Production Inc. and BP America Production Co., [Doc. 39], which Plaintiff Joseph F. Kaminski opposes, [Doc. 40]. Defendants filed a reply. [Doc. 48]. For the reasons stated below, Defendants' motion for summary judgment is granted. I. BACKGROUND Plaintiff Joseph F. Kaminski claims that, in the months following the April 2010 drilling rig...
ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Defendant Novartis Pharmaceuticals Corporation's Omnibus Motion in Limine. [Doc. 143]. Plaintiffs Ruth Dopson-Troutt and Frank Troutt filed a response in opposition. [Doc. 151]. A hearing on the motion was held after the pretrial conference on September 12, 2013. I. BACKGROUND FACTS Plaintiff Ruth Dopson-Troutt was diagnosed with breast cancer, which later metastasized to her hip and pelvic bones. Dr. Arthur...
ORDER JAMES S. MOODY, Jr., District Judge. THIS CAUSE comes before the Court upon Defendant American Security Insurance Company's Motion to Dismiss Counts I, II, and III of the Complaint (Dkt. 4) and Plaintiff Angel Quintana's Response in Opposition (Dkt. 7). The Court, having considered the motion, response, and being otherwise advised in the premises, concludes that the motion should be denied with respect to Counts I and II and granted with respect to Count III. BACKGROUND Plaintiff...
ORDER VIRGINIA M. HERNNDEZ COVINGTON, District Judge. This matter is before the Court pursuant to the parties' Joint Report Regarding Settlement Attempt (Doc. # 15) and Joint Motion to Conduct Discovery (Doc. # 16), both filed on September 9, 2013. In these submissions, the parties request the opportunity to conduct discovery and to participate in a settlement conference presided over by a United States Magistrate Judge. The Court grants the Motion as discussed herein. Discussion The Red...
ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant to Plaintiff Linda Klewinowski's Unopposed Motion for Class Certification (Doc. # 20), which was filed on September 5, 2013. For the reasons that follow, the Court grants the Motion. I. Background On May 7, 2013, Plaintiff filed her Class Action Complaint (Doc. # 1), alleging that Defendant violated the terms of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692, et seq....
ORDER GREGORY A. PRESNELL, District Judge. This matter comes before the Court without a hearing on the Motion to Dismiss (Doc. 35) filed by the City of Melbourne (the "City") and the response in opposition (Doc. 41) filed by the Plaintiffs, Randolph Rader and Gay Rader, who appear in their capacity as co-personal representatives of the estate of Ryan Rader. I. Background According to the allegations of the Complaint (Doc. 1) which are accepted in pertinent part as true for purposes of...
ORDER CHARLENE EDWARDS HONEYWELL, District Judge. This cause comes before the Court on Plaintiff Carli Kadrovach's ("Plaintiff") Complaint for review of the final decision of the Commissioner of Social Security ("Commissioner") denying her claim for benefits. Doc. 1. Magistrate Judge Karla R. Spaulding has submitted a Report and Recommendation, recommending that the Court affirm the Commissioner's decision. Doc. 22. After an independent de novo review of the record, including Plaintiff's...
ORDER ADOPTING REPORT AND RECOMMENDATION ELIZABETH A. KOVACHEVICH, District Judge. This cause is before the Court on the report and recommendation (R&R) issued by Magistrate Judge Thomas B. McCoun on August 19, 2013 (Doc. 20). The magistrate judge recommended that the Court reverse the decision of the Commissioner denying the plaintiff's claims for a period of disability and remand the case for further proceedings. Pursuant to Rule 6.02, Rules of the United States District Court for the...
