ORDER DENYING MOTION TO REMAND TO STATE COURT JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Plaintiff's Motion to Remand to State Court (DE #24), filed November 29, 2012. The Court is briefed on the matter. 1 For the reasons discussed below, Plaintiff's Motion is denied. Plaintiff originally filed this case in the 11th Judicial Circuit Court for Miami-Dade County, alleging violations of federal and state law. 2 Plaintiff served most Defendants on October 4,...
OPINION AND ORDER KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Plaintiff Amerisure Insurance Company's Motion for Summary Judgment as to its Complaint for Declaratory Judgment and Epoch's Counterclaim for Declaratory Judgment for Coverage [DE 41], and Defendant Epoch Properties, Inc.'s Dispositive Motion for Summary Judgment and Motion for Stay [DE 50]. The motions are fully briefed and ripe for review. The Court has reviewed all the motion papers and exhibits, the...
ORDER ON DEFENDANTS' MOTIONS TO DISMISS ROBIN S. ROSENBAUM, District Judge. This matter is before the Court upon Defendants Serden Technologies, Inc.'s and Marc Duthoit's Motion to Dismiss [D.E. 105] Plaintiff's Second Amended Complaint [D.E. 102] and Defendant Avitis SAS's Motion to Dismiss Count VI and Motion to Strike Second Amended Complaint [D.E. 106]. For the reasons provided in this Order, the Court grants in part and denies in part Defendants' motions. I. INTRODUCTION 1...
ORDER GRANTING DEFENDANT SUMMARY JUDGMENT ON COUNTS II AND IV JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Defendant's Motion for Summary Judgment (DE # 25), filed July 31, 2012. Therein, Defendant seeks summary judgment on all four counts in Plaintiff's Complaint (DE # 1). The Court is fully briefed on the matter. 1 Upon careful consideration of the record and the briefings, the Court finds that Defendant's Motion should be granted as to Counts II and IV...
ORDER ROBIN S. ROSENBAUM, District Judge. This matter is before the Court on Plaintiff's Motion for Final Summary Judgment [D.E. 53] and Defendants/Counterclaimants' Motion for Summary Judgment [D.E. 65]. The Court has carefully considered the parties' motions, all supporting and opposing filings, and the entire record. For the following reasons, the Court now grants Plaintiff State Farm's Motion for Summary Judgment. I. Material Facts 1 Plaintiff State Farm Mutual Automobile...
ORDER M. CASEY RODGERS, Chief Judge. Plaintiff Karen Marie Wright ("Wright") filed this lawsuit against her former employer, Defendant Sandestin Investments, LLC, d/b/a Sandestin Golf and Beach Resort ("Sandestin Investments"), alleging pregnancy discrimination, in violation of federal and state law, see 42 U.S.C. 2000e(k), Fla. Stat. 760.10, and violation of the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. 2601, et seq. Pending before the court is Wright's motion...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS DANIEL T.K. HURLEY, District Judge. THIS CAUSE is before the Court upon Defendants' Motion to Dismiss the Second Amended Complaint [ECF No. 42]. The parties have completed their briefing, and the motion is ripe for adjudication. For the reasons that follow, the Court will grant in part and deny in part Defendants' motion. The Court will dismiss all of Plaintiff's claims against the individual defendants Daniel Oliveros...
ORDER OF DISMISSAL AND GRANTING DEFENDANT'S MOTION FOR SANTIONS JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendant's Motion for Contempt and Sanctions for Plaintiffs Violation of Three Court Orders and Failure to Participate in Discovery. 1 Defendant argues that Plaintiff has not participated in discovery, including failure to comply with the Court's discovery related orders. 2 Defendant seeks sanctions against Plaintiff in the form of a doctor's fee for...
OMNIBUS ORDER CECILIA M. ALTONAGA, District Judge. THIS CAUSE came before the Court on three motions filed by Defendant Aroldis Chapman ("Defendant" or "Chapman") on September 4, 2012: a Motion to Dismiss... ("Motion to Dismiss") [ECF No. 55]; 1 a Motion to Strike Portions of Plaintiffs' First Amended Complaint ("Motion to Strike") [ECF No. 56]; 2 and a Motion to Drop Carlos Rafael Mena Perdomo as a Party ("Motion to Drop") [ECF No. 57]. 3 On October 31, 2012 the Court held a hearing ("...
ORDER DISMISSING CASE FEDERICO A. MORENO, District Judge. THIS CAUSE came before the Court upon Defendant's Motion to Dismiss for Failure to State a Claim (D.E. No. 6). For the reasons set forth below, Defendant's motion is GRANTED as to Counts 1, 2, 4, 5, 6, 7 and 9. The parties are directed to proceed to arbitration with respect to the claims that do not involve personal injury, illness or death as provided in the cruise ticket contract, specifically, Counts 3, 8 and 11. Accordingly, the...
ORDER K. MICHAEL MOORE, District Judge. THIS CAUSE is before the Court on cross-appeals from the Order on Final Judgment, which was entered by the Bankruptcy Court on April 25, 2012. 1 Both Parties filed Initial Briefs (ECF Nos. 7, 9), Responses (ECF Nos. 11, 12), and Replies (ECF Nos. 13, 14). This Court has jurisdiction over the appeal pursuant to 28 U.S.C. 158(a)(1) and Fed. R. Bankr.P. 8001. For the reasons stated herein, the Bankruptcy Court's Order is affirmed in part, reversed in...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES LAWENCE KING, District Judge. THIS MATTER comes before the Court upon Defendant's Motion for Final Summary Judgment (DE #26), filed September 3, 2012. Therein, Defendant District Board of Trustees of Miami-Dade College seeks summary judgment on all counts. The Court is fully briefed in the matter. 1 Upon careful consideration of the record and the briefings, the Court finds that Defendant is entitled to judgment as a matter of...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND COMPELLING ABRITRATION JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Defendant's Motion to Dismiss or, in the Alternative, to Stay and to Compel Arbitration (DE #9), filed August 22, 2012. Therein, Defendant argues that, pursuant to an employment agreement, Plaintiff is obligated to submit to arbitration all claims arising from the relationship between the two parties. 1 The Court, being fully briefed on the...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Defendant's Motion for Summary Judgment (DE #27), filed September 17, 2012. Therein, Defendant State of Florida, Department of Highway Safety and Motor Vehicles seeks summary judgment on all counts. The Court is fully briefed in the matter. 1 Upon careful consideration of the record and the pleadings, the Court finds that Defendant's Motion should be granted....
ORDER GRANTING PLAINTIFF'S EMERGENCY MOTION FOR JUDICIAL ESTOPPEL JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Plaintiff James River Insurance Company's ("James River's") Emergency Motion for Judicial Estoppel [DE 94] ("Motion"). 1 The Court has considered the Motion, Defendant Bodywell Nutrition, LLC's Response [DE 98], James River's Reply [DE 101], the record in this case, and is otherwise fully advised in the premises. I. BACKGROUND In this action, James River...
ORDER GRANTING MOTION TO DISMISS FEDERICO A. MORENO, District Judge. THIS CAUSE came before the Court upon Defendant Amerijet International, Inc.'s Motion to Dismiss Pursuant to Rule 12(b)(1) and (6) or, in the Alternative, for Summary Judgment (D.E. No. 10), filed on May 24, 2012. Plaintiff International Brotherhood of Teamsters ("IBT") filed a complaint to compel arbitration and enforce arbitration awards with this Court on April 12, 2012. The complaint contains six counts requesting...
ORDER DENYING TAXATION OF COSTS FOR ELECTRONIC DATABASE JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Greenspoon Marder P.A.'s Bill of Costs (DE #547), filed August 8, 2012, and Supplement to Its Request to Recover Costs Related to the Creation and Use of an Electronic Database Under 28 U.S.C. 1920(4) (DE #570), filed September 10, 2012. Therein, Greenspoon Marder, an assignee of Plaintiff's former counsel, recites $8,017.51 in costs that Defendant agreed to...
ORDER DENYING TAXATION OF COSTS FOR ELECTRONIC DATABASE JAMES LAWRENCE KING, District Judge. THIS MATTER comes before the Court upon Greenspoon Marder P.A.'s Bill of Costs (DE #547), filed August 8, 2012, and Supplement to Its Request to Recover Costs Related to the Creation and Use of an Electronic Database Under 28 U.S.C. 1920(4) (DE #570), filed September 10, 2012. Therein, Greenspoon Marder, an assignee of Plaintiffs former counsel, recites $8,017.51 in costs that Defendant agreed to be...
ORDER GRANTING IN PART AND DENYING IN PART THE MOTION TO DISMISS THE SECOND AMENDED COMPLAINT STEPHAN P. MICKLE, Senior District Judge. THIS CAUSE comes for consideration upon Defendants' Motion to Dismiss Plaintiff's Second Amended Class Action Complaint and Incorporated Memorandum in Support (doc. 86) ("Motion to Dismiss") pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. The plaintiff filed Plaintiff's Response in...
ORDER AND OPINION ON MOTION FOR SUMMARY JUDGMENT KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Altec Environmental Products, LLC and Altec Industries, Inc.'s Motion for Summary Judgment [DE 154]. The Court has carefully considered the motion, response, reply, oral argument of counsel, and is otherwise fully advised in the premises. On November 24, 2009, Guadalupe Hernandez ("Hernandez"), a Spanish speaking ground worker for Asplundh Tree Expert Co. ("Asplundh"), had...
