DO NOT PUBLISH PER CURIAM . Quantum Capital, LLC ("Quantum"), a Florida company, filed suit against Banco De Los Trabajadores ("Bantrab"), a Guatemalan bank, in Florida state court. Bantrab timely removed the action to the Southern District of Florida. Quantum's suit concerns two contracts between Quantum and Bantrab: (1) a written contract entered in July 2011 concerning Bantrab's issuance of bonds, ultimately done through Deutsche Bank (the "Written Contract"); and (2) an oral contract...
DO NOT PUBLISH PER CURIAM . John Wood Jr. is a disabled army veteran proceeding pro se. From 2005 to 2006, he submitted dozens of unsuccessful applications to work at Florida Atlantic University ("FAU"). FAU eventually hired him, only to terminate his employment five months later in October 2006. Since that time, he has unsuccessfully challenged FAU's actions in state and federal court, broadly alleging that FAU discriminated against him based upon his status as a veteran, denied him his...
DO NOT PUBLISH PER CURIAM . Plaintiff-Appellant Arnaldo Ravelo brought this civil action under 5 U.S.C. 701 et seq. and 28 U.S.C. 1331. After review and with the benefit of oral argument, this Court concludes that Ravelo has not shown any reversible error in the district court's final judgment and order dated November 30, 2016. Thus, we affirm the district court's decision for the reasons already outlined in the district court's order. 1 AFFIRMED. FootNotes * Honorable Jane A....
DO NOT PUBLISH PER CURIAM . Plaintiff/Appellant Mario Asbun Telchi ("Asbun") appeals two district court orders: (1) the order granting Defendant/Appellee Israel Military Industries, Ltd.'s ("IMI") motion to dismiss and (2) the order denying Asbun's motion for relief from judgment. Asbun, who served as an independent sales representative for IMI, is a resident of the Republic of Bolivia. IMI is a firearms manufacturer that claims to be wholly owned by the State of Israel. Asbun has no...
DO NOT PUBLISH PER CURIAM . Arnoldo Ulises Fernandez-Gonzalez petitions for review of the Board of Immigration Appeals' ("BIA") final order affirming the Immigration Judge's ("IJ") denial of his application for asylum, withholding of removal, and Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment ("CAT") relief. We deny his petition. I. BACKGROUND Fernandez-Gonzalez, a citizen of El Salvador, entered the United States without inspection in July 2013....
DO NOT PUBLISH PER CURIAM . After an injured third party obtained an excess judgment of $1,900,000 against her, Shirley Kwiatkowski sued her car insurer, Allstate Insurance Company ("Allstate"), for bad faith in failing to settle the claim against her. The district court granted summary judgment to Allstate, concluding that no reasonable jury could find that Allstate acted in bad faith. Kwiatkowski now appeals. We affirm largely for the reasons stated by the district court. In brief,...
DO NOT PUBLISH PER CURIAM . Mt. Hawley Insurance Company ("Plaintiff") and North River Insurance Company ("Plaintiff-Intervenor") provide commercial general liability insurance and excess liability insurance, respectively, to Raul and Lucrecia Gonzalez and their businesses. After one of the Gonzalezes' companies, Miami River Port Terminal, LLC, was sued for negligence, Plaintiff and Plaintiff-Intervenor brought a declaratory judgment action seeking a declaration that Plaintiff and Plaintiff-...
DO NOT PUBLISH PER CURIAM . A grand jury charged Nester Leon with carjacking, 18 U.S.C. 2119, and possession of a firearm in furtherance of a crime of violence, 18 U.S.C. 924(c). Leon pleaded not guilty and proceeded to trial. At the close of the government's evidence, Leon moved for judgment of acquittal. The district court denied his motion and the jury found Leon guilty of both counts. Leon contends that the district court improperly denied his motion for judgment of acquittal...
DO NOT PUBLISH PER CURIAM . Plaintiff Marianne Malley fell while attempting to step onto a high coaming on Defendant Royal Caribbean Cruise's ship. A coaming is a raised divider. Plaintiff alleges that Defendant was negligent for failing to warn of the coaming's unreasonable height, which created a dangerous situation in which passengers were likely to fall, and for creating a negligent mode of operation. The district court granted Defendant's motion for summary judgment and Plaintiff...
DO NOT PUBLISH PER CURIAM . On October 18, 2014, Carol Gorczyca boarded the Divina, an MSC Cruises ship, for a 7-night voyage. On October 23, she fell and was injured while descending a stairway of the Pantheon Theater aboard the Divina. She sued MSC for negligence, alleging that the metal nosing on the strip of the step on which she tripped was loose, that the LED lights attached to the metal strip emitted a blinding glare, and that there was no handrail for her to hold onto as she...
DO NOT PUBLISH PER CURIAM . Liu Yanni 1 seeks review of the Board of Immigration Appeal's ("BIA") final order affirming the Immigration Judge's ("IJ") denial of her application for asylum pursuant to the Immigration and Nationality Act ("INA") 208, 8 U.S.C. 1158, withholding of removal pursuant to INA 241(b)(3), 8 U.S.C. 1231(b)(3), withholding of removal under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment ("CAT"), 8 C.F....
ED CARNES , Chief Judge : In 2013 Cin-Q Automobiles, Inc., filed a complaint on behalf of a putative class, alleging that Buccaneers Limited Partnership was responsible for unsolicited faxes that violated the Telephone Consumer Protection Act, 47 U.S.C. 227. The two sides litigated that case, which we will call the Cin-Q case, for three years, with Medical & Chiropractic Clinic, Inc., eventually joining as a second named plaintiff. In 2016 Technology Training Associates, Inc., and Larry...
DO NOT PUBLISH PER CURIAM . Plaintiff Kirby Mohammed ("Plaintiff") appeals the grant of summary judgment on her pregnancy discrimination claims under Title VII and the Florida Civil Rights Act in favor of her former employer, Defendant Jacksonville Hospitalists, P.A. ("Defendant"). Concluding that Plaintiff has not shown that the reasons Defendant has given for her termination are pretextual, we affirm. I. BACKGROUND A. Factual Background Plaintiff is a licensed practical nurse, which...
MARCUS , Circuit Judge : In this products liability suit, Boston Scientific Corporation (BSC) appeals from various orders and a final judgment in favor of the plaintiff, Amal Eghnayem. Eghnayem alleged substantial injuries caused by the Pinnacle Pelvic Floor Repair Kit, a transvaginal mesh prescription medical device manufactured and sold by BSC. She initially filed suit in the Southern District of West Virginia as part of a transvaginal mesh Multidistrict Litigation; her suit was...
DO NOT PUBLISH PER CURIAM . Guillermo Horta-Alvarez appeals his 67-month sentence of imprisonment after pleading guilty to one count of conspiracy to possess with intent to distribute cocaine base. Horta-Alvarez contends that the district court's sentence was procedurally unreasonable because the court relied on a fact not in the record—that he processed cocaine into crack cocaine for distribution. And he asserts that the error was not harmless because that clearly erroneous fact was one of...
DO NOT PUBLISH PER CURIAM . This lawsuit arises out of a loan participation agreement that was entered into between The Bankers Bank NA, the predecessor-in-interest of Appellant-Plaintiff, Sentinel Capital Orlando, LLC, and Old Southern Bank, the predecessor-in-interest of Appellee-Defendant, Centennial Bank. After a three-day bench trial, the district court ruled that Sentinel failed to establish by competent evidence Centennial defaulted under the terms of the participation agreement....
DO NOT PUBLISH PER CURIAM . Michael Sumner, on behalf of Michael Bauman, brought suit against Publix challenging their denial of a claim for the reinstatement of retirement benefits under ERISA in the Northern District of Georgia. The district court upheld Publix's denial of the claim on summary judgment. Bauman timely appealed. We review the district court's grant of summary judgment de novo. Carter v. Galloway, 352, F.3d 1346, 1348 (11th Cir. 2003). We review a district court's...
DO NOT PUBLISH MOORE , District Judge . Scott Axel ("Plaintiff") was learning the business of automobile wholesaling from his father, a wholesaler employed by Fields Motorcars of Florida, Inc. ("Fields Motorcars"). Plaintiff shadowed his father for fifteen months. During this time, Plaintiff also did additional wholesale work, as well as some retail work. This arrangement continued until Fields Motorcars terminated Plaintiff's father in the spring of 2014, at which point Plaintiff stopped...
DO NOT PUBLISH PER CURIAM . Yannier Arias appeals his convictions and 102-month sentence for two counts of conspiring to commit access device fraud and aggravated identity theft, 18 U.S.C. 371; nine counts of access device fraud, id. 2, 1029(a)(1); five counts of aggravated identity theft, id. 2, 1028A; and one count of possessing more than 15 counterfeit and unauthorized access devices, id. 2, 1029(a)(3). Arias challenges the denial of his motions to sever the charges...
DO NOT PUBLISH PER CURIAM . This appeal arises from a representation dispute between Paul Wolf ("Wolf") and Appellee Boies, Schiller & Flexner LLP ("BSF") regarding 97 Colombian nationals. 1 Wolf, a licensed attorney, traveled to Colombia more than ten years ago to seek clients for a civil lawsuit against Chiquita Brands International, Inc. ("Chiquita") after Chiquita pled guilty to engaging in transactions with a Colombian terrorist organization. Wolf claims to have developed more than 1,...
