ORDER GRANTING DEFENDANTS' MOTION TO DISMISS K. MICHAEL MOORE, District Judge. THIS CAUSE came before the Court upon Defendants' Motion to Dismiss Complaint and For Sanctions Pursuant to 28 U.S.C. 1927 (dkt #13). Plaintiff filed a Response (dkt #14), and Defendants filed a Reply (dkt #22). UPON CONSIDERATION of the Motion, the responses, the pertinent portions of the record, and being otherwise fully advised in the premises, the Court enters the following Order. I. BACKGROUND The...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendant NCL (Bahamas) Ltd.'s Motion to Dismiss (DE # 7), filed August 25, 2010. 1 Plaintiffs' Complaint (DE # 1) seeks recovery for the death of Mildred Ridley, asserting that she was diagnosed as suffering from bilateral pneumonia while sailing as a passenger aboard the Norwegian Pearl. She was air-lifted from the Norwegian Pearl after her diagnosis and eventually...
ORDER DENYING MOTION TO STRIKE PORTIONS OF AFFIDAVITS JONATHAN GOODMAN, United States Magistrate Judge. This cause is before me on the motion of Defendant, AT & T Mobility Services LLC, to Strike Inadmissible Portions of Affidavits. (DE# 100.) For the reasons outlined below, Defendant's motion to strike is denied. 1 I. Background This case involves Defendant's alleged failure to pay Plaintiff, Ruben Reyes, who served as a Retail Account Executive for Defendant in South Florida, overtime...
ORDER DENYING MOTION TO DISMISS AND DENYING MOTION FOR SANCTIONS JAMES I. COHN, District Judge. THIS CAUSE is before the Court on Defendants Cayman Arts, Inc. and Scott R. Steele's Motion to Dismiss Amended Complaint and Supporting Memorandum of Law [DE 28] ("Motion"). The Court has considered the Motion, Plaintiff Carey Chen's Opposition [DE 47], Defendants' Reply [DE 53], Mr. Chen's Surreply [DE 60], and the record in this case, and is otherwise advised in the premises. I. BACKGROUND...
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JAMES LAWRENCE KING, District Judge. Plaintiff filed suit against Defendants, seeking recovery for fire damage to her home, which she alleges was caused by propane heaters she purchased from Home Depot that had been manufactured by Mr. Heater, Inc. ("Mr. Heater") and Enerco Group, Inc. ("Enerco"). 1 Plaintiff stated two bases for recovery: negligent failure to warn, and strict liability. Underlying Plaintiffs negligence claim is her...
SENTENCING OPINION AND ORDER JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendant's Sentencing Memorandum (DE # 22), requesting that this Court impose a sentence deviating from the Guideline range in effect, when Defendant committed the crimes, in favor of the Sentencing Guidelines promulgated by the Fair Sentencing Act of 2010. The Government has filed a Response (DE # 23), and a sentencing hearing was held on December 12, 2010 (DE # 24), where both parties...
ORDER ON CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT STEPHAN P. MICKLE, Chief Judge. This case is primarily a copyright dispute involving materials for two wildlife issues courses taught by Dr. Michael Moulton at the University of Florida. The parties filed cross motions for partial summary judgment, which they have fully briefed and argued. Docs. 160 and 162. For the following reasons, Defendants' motion will be granted as to Counts Five, Six, and Seven, and part of Count Three. Plaintiff's...
ORDER GRANTING PLAINTIFF'S MOTION TO REMAND MARCIA G. COOKE, District Judge. This case is before me on Plaintiff Yuliana Ruiz's Motion to Remand. I have reviewed the record, the arguments and the relevant legal authorities. For the reasons explained in this order, Plaintiff's Motion to Remand is granted. I. BACKGROUND Carnival employed Gregory Navarro ("Navarro") for ten years before he committed suicide on June 14, 2009, while on board a Carnival vessel. [ECF No. 1, Ex. B 9]. The terms...
ORDER GRANTING CARNIVAL'S MOTION TO DISMISS PATRICIA A. SEITZ, District Judge. THIS MATTER is before the Court on Defendant Carnival Corporation's Motion to Dismiss Plaintiffs' Amended Complaint [DE-51]. This action arises from injuries sustained by Plaintiff Sandra Rinker after she developed meningitis aboard Defendant Carnival Corp.'s ship and was provided with medical care by the ship-board doctor and nurses. Plaintiff 1 filed an eleven count 2 Amended Complaint against Carnival Corp. (...
ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT; GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT K. MICHAEL MOORE, J. THIS CAUSE came before the Court upon Plaintiffs Motion for Partial Summary Judgment (ECF No. 33) and Defendant's Motion for Summary Judgment (ECF No. 37). These motions are now fully briefed. UPON CONSIDERATION of the Motions, the Responses, the Replies, the pertinent portions of the record, and being otherwise fully advised in the premises, the...
ORDER GRANTING PLAINTIFF'S MOTION TO DISMISS WITHOUT PREJUDICE FEDERICO A. MORENO, Chief Judge. Plaintiff, Coach Services, Inc., is suing Defendants 777 Lucky Accessories, Inc., Joshua Glickman, Shaul Ashkenazy, and Ezra Saig for trademark infringement, false designation of origin, trademark dilution, common law unfair competition, and violation of Florida's Deceptive and Unfair Trade Practices Act, over sunglasses containing allegedly similar marks owned by Coach Services Inc. ("Coach")....
ORDER GRANTING A PRELIMINARY INJUNCTION ON ONE ISSUE ONLY ROBERT L. HINKLE, District Judge. This case presents a substantial challenge to parts of the Florida campaign-financing statutes. The plaintiffs are four individuals who wish to buy radio advertisements opposing a proposed constitutional amendment that will be on the November 2, 2010, general-election ballot. They have moved for a preliminary injunction. This order grants the motion in one narrow respect, allowing the plaintiffs to...
ORDER GRANTING IN PART AND DENYING IN PART IMX INC.'S RENEWED MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon IMX, Inc.'s Renewed Motion for Partial Judgment on the Pleadings (D.E. No. 375). In this motion Plaintiff IMX Inc. ("Plaintiff" or "IMX") moves pursuant to Federal Rule of Civil Procedure 12(c) for partial judgment on the pleadings on Defendant E-Loan Inc.'s ("Defendant" or "E-Loan") seventh, tenth, twelfth and...
ORDER GRANTING MOTION TO DISMISS JAMES LAWRENCE KING, District Judge. THIS CAUSE is before the Court upon Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint, filed on September 9, 2010. (DE #24). Plaintiffs responded on September 27, 2010 (DE # 25), and Defendants replied on October 4, 2010. (DE # 27). I. BACKGROUND Plaintiffs filed the Original Complaint on May 21, 2010, and asserted claims for unjust enrichment and for violations of the Racketeer Influenced and Corrupt...
ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendant's Motion for Summary Judgment (DE # 40), filed August 8, 2010. 1 Plaintiffs Amended Complaint (DE # 29) purports to state five causes of action, 2 via subrogation, relating to roofing work performed by Defendant for Plaintiffs insured in 1993. After completing significant discovery relating to those claims, Defendant now argues that summary judgment...
CORRECTED ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND FOR SUMMARY JUDGMENT; DENYING DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT 1 K. MICHAEL MOORE, District Judge. THIS CAUSE came before the Court upon Plaintiffs' Motion for Preliminary Injunction and for Summary Judgment (ECF No. 18) and Defendants' Cross-Motion for Summary Judgment (ECF No. 27). These motions are now fully briefed. UPON CONSIDERATION of the Motions, the Responses, the Replies, the pertinent...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT CHRIS McALILEY, United States Magistrate Judge. Pending before the Court are Plaintiffs' Motion for Summary Judgment [DE 173] and Defendants Fifield Realty Corp.'s and Ocean Marine Yacht Club, LLC's Motion for Summary Judgment, both motions being directed to Counts I and VI of the Second Amended Complaint. [DE 174]. At one time more than twenty plaintiffs sought relief in this action, but all but Plaintiffs Isabel M. Gutierrez and Janior Perez have since...
JONATHAN GOODMAN, United States Magistrate Judge. Pending before the Court are the Motions in Limine of Defendant, QBE Insurance Corporation, to Exclude Testimony of Gary Fye (DE# 70), to Prevent Plaintiff from Presenting Any Evidence or Testimony Regarding Alleged Bad Faith, Lack of Good Faith or Improper Claims Handling or Claim Practices of QBE or Its Representatives with Regard to this Claim or Any Other Claim (DE# 71), and to Preclude Evidence of, or References to, Other Claims Against...
CORRECTED PRELIMINARY ORDER ON MOTIONS IN LIMINE 1 JONATHAN GOODMAN, United States Magistrate Judge. In a disappointing development, this matter is before the Court in connection with procedural issues concerning eight (8) separate motions in limine filed by Plaintiff, Royal Bahamian Association, Inc. ("Royal Bahamian") (DE ## 73, 74, 75, 76, 77, 78, 79 and 80) and three (3) motions in limine filed by Defendant, QBE Insurance Corporation ("QBE"). (DE ## 70, 71 and 72). As outlined...
ORDER DONALD L. GRAHAM, District Judge. THIS CAUSE came before the Court upon the Report of the Magistrate Judge [D.E. 251] regarding Defendant/Counter-Claimant Southgate Gardens Condominium Association, Inc.'s Motion for Summary Judgment on the Amended Complaint [D.E. 107], Defendant Guitree Basdeo's Motion for Summary Judgment on the Amended Complaint and on the Counter-claim [D.E. 106], and Plaintiff Mid-Continent Casualty Company's ("Mid-Continent") Motions for Summary Judgment on...
