ORDER CECILIA M. ALTONAGA, District Judge. THIS CAUSE came before the Court on Defendant, City of Miami's ("City['s]") Motion to Dismiss ... ("Motion") [ECF No. 28], filed October 7, 2013. Plaintiff, Securities and Exchange Commission ("Commission" or the "SEC"), filed a Response... ("Response") [ECF No. 43], on November 8, 2013, and the City filed its Reply... ("Reply") [ECF No. 49], on November 25, 2013. The Court has carefully reviewed the parties' written submissions and applicable law....
ORDER DENYING RELIEF FROM ASSET FREEZE AND DENYING MOTION TO STAY ROBERT N. SCOLA, JR., District Judge. The IAB Defendants 1 were involved in a scheme to market and sell healthcare plans to consumers by getting consumers to become members of an association that purported to offer members major or traditional health insurance, or the equivalent of such insurance. The Federal Trade Commission (FTC) alleges that this scheme was deceptive in several ways. As detailed more fully below, the Court...
ORDER AFFIRMING BANKRUPTCY COURT ORDER ROBIN S. ROSENBAUM, District Judge. This matter is before the Court on Appellant Denise Roberts-Dude's appeal of the Order Denying Motion to Value and Bifurcate as to Property Located at 1450 Enclave Circle, Royal Palm Beach, Florida, entered by the Honorable Erik P. Kimball, United States Bankruptcy Judge. See D.E. 2-3 at 133-34. The Court has carefully reviewed the briefs in this matter, as well as the entire record on appeal, and now affirms the...
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ROBIN S. ROSENBAUM, District Judge. This matter is before the Court on Defendant Carnival Corporation's Motion for Summary Judgment [ECF No. 32]. The Court has reviewed Defendant's Motion, all supporting and opposing filings, and the record. For the reasons that follow, the Court now grants in part and denies in part Defendant's Motion for Summary Judgment. I. Background and Material Facts Plaintiff Alumni Cruises, LLC, doing business as...
ORDER ON MOTIONS TO DISMISS JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendants Fatu Kamara-Harris and MHM Solutions, Inc.'s Motion to Dismiss (DE 121), filed July 1, 2013, Defendants Alvarado, Medina, Clay, Crews, and Harris' Motion to Dismiss (DE 127), filed July 17, 2013, and Defendant Green's Motion to Dismiss (DE 154), filed November 4, 2013. In the Motions, Defendants argue that Counts I and II should be dismissed for failure to state a cause of...
ORDER ON MOTION TO DISMISS ROBIN S. ROSENBAUM, District Judge. This matter is before the Court upon Defendants' Motion to Dismiss Plaintiff's Amended Complaint [D.E. 29]. The Court has considered the Motion, the parties' briefs, and the Amended Complaint and is otherwise fully advised in this matter. For the reasons explained below, the Court grants in part and denies in part Defendants' Motion to Dismiss. The Court further provides Plaintiff with an opportunity to amend his Amended...
ORDER DENYING WILSON'S MOTION FOR SUMMARY JUDGMENT AND GRANTING KOWALSKI'S MOTION FOR SUMMARY JUDGMENT JAMES I. COHN, District Judge. THIS CAUSE is before the Court on Third Party Defendant's Motion for Summary Judgment Regarding Plaintiff's Third Amended Complaint, Statement of Material Facts, and Supporting Memorandum of Law [DE 188] ("Wilson Motion") and Kowalski's Motion for Summary Judgment; Rule 56 Statement of Undisputed Material Facts and Memorandum of Law in Support of the Motion [...
ORDER GRANTING PLAINTIFFS' MOTION FOR FINAL SUMMARY JUDGMENT, AND DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT DANIEL T.K. HURLEY, District Judge. THIS CASE is before the Court upon Plaintiffs' Certain Interested Underwriters at Lloyd's, London ("Lloyd's") Motion for Final Summary Judgment [ECF No. 120], and Defendant The GIII Accumulation Trust's ("GIII") Motion for Partial Summary Judgment on Coverage [ECF No. 117]. The motions were fully briefed, and the Court has had the...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS ROBIN S. ROSENBAUM, District Judge. This matter is before the Court upon Defendant's Motion to Dismiss [D.E. 4] and Defendant's Motion to Strike [D.E. 8]. The Court has reviewed Defendant's Motions, all supporting and opposing filings, and the record in this case and is otherwise fully advised in the premises. For the reasons set forth below, the Court grants Defendant's Motion to Dismiss and denies Defendant's Motion to Strike. BACKGROUND On...
PERMANENT INJUNCTION JOAN A. LENARD, District Judge. Pursuant to the Mandate of the United States Court of Appeals for the Eleventh Circuit (D.E. 185), the Court enters the following Permanent Injunction. THIS CAUSE is before the Court following a four-day bench trial. Plaintiffs K.G., I.D., and C.C., by and through their next friends, Iliana Garrido, Nilda Rivera, and Rachelle Crawford, respectively, brought suit against Defendant Elizabeth Dudek, in her official capacity as Secretary,...
OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause comes before the Court upon Defendants' Motion to Transfer Venue (DE 61). Plaintiff responded (DE 62), and Defendants replied (DE 66). The Court has reviewed the briefs and the record and is otherwise advised in the premises. I. Background This case arises out of a January 27, 2012 slip and fall accident in an automobile parts store. Am. Compl., 6 (DE 21). Plaintiff Mark Osgood ("Plaintiff") filed this suit in state court in...
ORDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW CECILIA M. ALTONAGA, District Judge. These proceedings supplementary came before the Court for a non-jury trial on August 13 and 29, 2013. 1 The Court has carefully considered the testimony of the witnesses, the exhibits admitted in evidence, the parties' written submissions, and the applicable law. Based on its review of the record and pursuant to Federal Rule of Civil Procedure 52(a)(1), the Court makes the following findings of...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS FEDERICO A. MORENO, District Judge. THIS CAUSE came before the Court upon Defendants' Motion to Dismiss Plaintiffs' Amended Complaint on the basis of the doctrine of forum non conveniens. Accepting the well-pleaded factual allegations as true, this Court finds the private and public interest factors weigh against dismissal of this case. Accordingly, this Court DENIES Defendants' Motion to Dismiss on the grounds of forum non conveniens. I....
ORDER ON PLAINTIFFS' MOTION FOR SANCTIONS FOR WITNESS TAMPERING AND REPORT AND RECOMMENDATION RE: PLAINTIFFS' REQUEST FOR STRIKING OF PLEADINGS FOR DEFENDANTS' DISCOVERY ABUSES ANDREA M. SIMONTON, United States Magistrate Judge. This matter is before the Court upon Plaintiffs' Motion for Sanctions Including Striking of Pleadings Against NCMIC (DE # 294) related to alleged witness tampering. Defendant NCMIC has filed a Response to the Motion, and the Plaintiffs have filed a Reply (DE ## 308,...
OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Defendants' Joint Motion to Dismiss or Transfer (DE 45). The Court has reviewed the briefs and the record, and is otherwise advised in the premises. I. Background This case involves competing claims of ownership and inventorship of a dental implant system. Plaintiff Jack T. Krauser, D.M.D. ("Dr. Krauser") is a noted periodontist and implant surgeon, a lecturer, author, and educator, and a consultant to...
OPINION AND ORDER ROBIN S. ROSENBAUM, District Judge. This matter is before the Court upon the Initial Brief on Appeal [D.E. 11] and the Supplemental Brief [D.E. 32] of Appellants DVI Receivables XIV, LLC, DVI Receivables XVI, LLC, DVI Receivables XVII, LLC, DVI Receivables XVIII, LLC, DVI Receivables XIX, LLC, DVI Funding, LLC (the "Petitioning Creditors"), Lyon Financial Services, Inc., ("Lyon") and U.S. Bank N.A. ("USB"). The Court has considered the briefs, all supporting and opposing...
OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Plaintiff's Motion to Tax Costs (DE 77). Defendant responded. (DE 78). The Court has reviewed the briefs and the record, and is otherwise advised in the premises. Plaintiff moves to tax costs against Defendant in the amount of $14,730.67. Local Rule 7.3(c) prescribes that an application for a bill of costs shall be limited to the costs permitted by 28 U.S.C. 1920. Section 1920 permits the Court to tax...
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea before a Magistrate Judge. THE MATTER was referred to Magistrate Judge Frank J. Lynch Jr, on August 8, 2013. A Report and Recommendation was filed on August 21, 2013, (D.E.#32), recommending that the Defendant's plea of guilty be accepted. The Defendant and the Government were afforded the...
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon the Order of Reference from the District Court to conduct a Change of Plea before a Magistrate Judge. THE MATTER was referred to Magistrate Judge Frank J. Lynch Jr, on August 8, 2013. A Report and Recommendation was filed on August 20, 2013, (D.E.#48), recommending that the Defendant's plea of guilty be accepted. The Defendant and the Government were afforded the...
ORDER GRANTING MOTION FOR STIPULATED FINAL JUDGMENT M. CASEY RODGERS, Chief District Judge. This case was brought under the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801, et seq., for damages and equitable relief concerning housing facilities owned and controlled by defendant Charles Ellis Davis. After the parties provided notice to the court that they had settled (doc. 49), the case was dismissed in accordance with Northern District of Florida Local Rule 16.2(D),...
