U.S. District Courts - Florida ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCommunicationsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsMaritime LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation Kay M. MAY, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Fla., November 19, 2009 ORDER JAMES D. WHITTEMORE, District Judge. BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that the decision of the Commissioner of Social Security be affirmed. (Dkt.19). Neither party has filed objections to the Report and Recommendation. After careful consideration of the Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recommendation should be adopted, co... Kevin GRICE, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Respondent. , S.D.Fla., November 18, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION PAUL C. HUCK, District Judge. This matter is before the Court upon Plaintiff's Motion for Summary Judgment (D.E.# 16), filed May 6, 2009. The Honorable John J. O'Sullivan, United States Magistrate Judge, issued a Report and Recommendation on the Motion (D.E.# 27), recommending that the Motion for Summary Judgment be granted and the case remanded to the Administrative Law Judge. Plaintiff has not objected to the Report and Recommendation so he is not ch... TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Plaintiff, v. GRACE & NAEEM UDDIN, INC., Graciela Uddin and Naeem Uddin, Defendants. , S.D.Fla., November 18, 2009 ORDER DENYING PLAINTIFF57DS MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL PLEADINGS JAMES I. COHN, District Judge. THIS CAUSE is before the Court on Plaintiff's Motion for Partial Summary Judgment [DE 53], Defendants' Motion for Partial Summary Judgment [DE 52] and Plaintiff's Motion for Leave to File Supplemental Pleadings [DE 62]. The Court has considered the Motions, the parties' related s... TRADE LLC, a Florida Limited Liability Company, Plaintiff, v. NEW LIFE CLUB LLC, an Indiana Limited Liability Company; Cash Flow Financial, LLC, a Michigan Limited Liability Company; Alan J. Watson, individually, Defendants. , S.D.Fla., November 18, 2009 ORDER AND OPINION REMANDING CASE TO STATE COURT KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Plaintiff Trade LLC's ("Plaintiff" or "Trade LLC") Motion to Remand (DE 5). Defendant New Life Club LLC filed a Notice of Joinder in Trade LLC's Motion to Remand (DE 7). Defendants Cash Flow Financial, LLC and Alan J. Watson filed a Response in Opposition to the Motion to Remand (DE 15) and Defendant New Life Club LLC filed a Reply Memorandum. The Court has reviewed the Motion... JANE DOE NO. 8, Plaintiff, v. Jeffrey EPSTEIN, Defendant. , S.D.Fla., November 18, 2009 OPINION AND ORDER ON MOTION TO DISMISS KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Defendant Jeffrey Epstein's ("Defendant") Motion to Dismiss (DE 8). Plaintiff Jane Doe No. 8 ("Plaintiff") filed a response to the motion (DE 13) and Defendant filed a Reply (DE 15). The Court has carefully reviewed the motion, response, and reply, and is otherwise fully advised in the premises. Background On May 28, 2009, Plaintiff filed her Complaint against Defendant (DE 1). Pla... EXHIBIT ICONS, LLC et al, Plaintiffs, v. XP COMPANIES, LLC, et al, Defendants. , S.D.Fla., November 18, 2009 Mark Robert Vogel, Mark R. Vogel, P.A., Hollywood, FL, Steven Frederick Samilow, Weston, FL, for Plaintiffs. Steven Neil Lippman, Rothstein Rosenfeldt Adler, Fort Lauderdale, FL, Chad M. McShane, Robinson Waters & O'Dorisio PC, Denver, CO, for Defendants. OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Defendants XP Companies, LLC, XP Apparel, LLC, XP Entertainment, LLC and William Wall, III's (collectively, "Defendants") Motion for Costs (DE 191)... Pedro Preciado RODRIGUEZ, et al., Plaintiffs, v. UNITED STATES of America, Defendant. , S.D.Fla., November 18, 2009 Barry Steven Mittelberg, Barry S. Mittelberg, P.A., Coral Springs, FL, for Plaintiffs. Karin D. Wherry, United States Attorney's Office, Miami, FL, for Defendant. ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION MARCIA G. COOKE, District Judge. THIS MATTER is before me sua sponte. Having reviewed the record and the relevant legal authority, and for the reasons explained below, I conclude that this Court lacks subject matter jurisdiction over Plaintiff's claim bought under th... Kathy EMERY, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant. , S.D.Fla., November 18, 2009 Edward Philip Dabdoub, Kirk W.B. Wagar, Wagar Murray & Feit, Coconut Grove, FL, for Plaintiff. Carol Ann Field, Attorney General Office, Fort Lauderdale, FL, Joan Marie Canny, Morgan, Lewis & Bockius LLP, Miami, FL, for Defendant. OMNIBUS ORDER BARRY L. GARBER, United States Magistrate Judge. THIS CAUSE is before the Court by Order of Reference of U.S. District Judge William M. Hoeveler. Pursuant to such reference, the Court has received the defendant American Airline, Inc.'s Motion to C... Scott A. STANLEY, Plaintiff, v. Bill REAMS, et al., Defendants. , N.D.Fla., November 18, 2009 ORDER ALLAN KORNBLUM, United States Magistrate Judge. Defendants have filed a motion for summary judgment. (Doc. 47). This order is entered to advise Plaintiff of his burden in opposing summary judgment. "[S]ummary judgment may not be entered against a party unless the court has strictly complied with the notice requirements mandated by Fed.R.Civ.P. 56(c)." Brown v. Shinbaum, 828 F.2d 707, 708 (11th Cir.1987), citing Griffith v. Wainwright, 772 F.2d 822, 824-25 (11th Cir.1985). This requir... PENSACOLA FIREFIGHTERS' RELIEF PENSION FUND BOARD OF TRUSTEES, Plaintiff, v. MERRILL LYNCH PIERCE FENNER & SMITH, INCORPORATED, Defendant. , N.D.Fla., November 18, 2009 ORDER MILES DAVIS, United States Magistrate Judge. Before the court is plaintiff's motion to compel (doc. 50). Defendant has responded (doc. 56) and the parties have subsequently filed a status report on their discussions toward resolving their differences (doc. 60). A hearing has now been held to resolve the remaining issues. In this action plaintiff, a public pension fund, contends that its retained adviser, defendant Merrill Lynch, breached its fiduciary duties and defrauded the fun... Andreas OBOJES, Plaintiff, v. State of FLORIDA and Florida Department of Corrections, Defendants. , N.D.Fla., November 18, 2009 ORDER RICHARD SMOAK, District Judge. Before me are the Magistrate Judge's Report and Recommendation (Doc. 15) and Plaintiff's Objection To Proposed Findings and Recommendation (Doc. 17). I have reviewed Plaintiff's objections de novo. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. The Petition for Writ of Habeas Corpus filed under 28 U.S.C. § 2241 (Doc. 1) is dismissed pursuant to Rule 4, Rules Governing Secti... Nyitecka EVANS-PONIO for T.J., Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Fla., November 18, 2009 ORDER HOWARD T. SNYDER, United States Magistrate Judge. This cause is before the Court on the Motion for Award of Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 (Doc. # 19; Petition). Defendant has no objection to the amount sought. See Defendant's Response to Plaintiff's Motion for Attorney's Fees (Doc. # 20) at 1. It is requested that the Court award $2,256.00 in attorney fees to Plaintiff's counsel pursuant to the Equal Access to Justice Act. See ... Cathline DILWORTH, Plaintiff, v. UNITED HOME LIFE INSURANCE COMPANY, a foreign corporation, Defendant. , M.D.Fla., November 18, 2009 ORDER STEVEN D. MERRYDAY, District Judge. A November 6, 2009, order (Doc. 18) directed the plaintiff, Cathline Dilworth, to show cause by November 12, 2009, why the defendant's motion for summary judgment (Doc. 17) should not be granted. The order warned that failure to respond would result in treatment of the defendant's motion as unopposed. The plaintiff fails to respond to the order or to file any response to the defendant's motion. Background In 1999, Larry Dilworth (the "decedent") beg... Patsy CROOM, Plaintiff, v. Sheriff William F. BALKWILL, in his official capacity; SCSO Sergeant Clifford Legg, in his individual and official capacities; SCSO Detective Frank Bybee, in his individual and official capacities; and SCSO Deputy Stephan, M.D.Fla., November 18, 2009 ORDER ON MOTION TO STRIKE AFFIDAVIT FILED IN SUPPORT TO MOTION FOR SUMMARY JUDGMENT, AND ON MOTIONS FOR SUMMARY JUDGMENT ELIZABETH A. KOVACHEVICH, District Judge. THE CAUSE is before the Court on three motions for summary judgment and incorporated memoranda in support filed by Defendants, William F. Balkwill ("Balkwill"), Frank Bybee ("Bybee"), Stephanie Graham ("Graham"), and Clifford Legg ("Legg") [Dkts. 22, 29, 31], and three memoranda in response then filed by Plaintiff, Patsy Croom. [Dkt... GLOBAL CANDLE GALLERY LICENSING COMPANY, Plaintiff, v. Michele NABOZNY and Brian Kollar, Defendants. , M.D.Fla., November 18, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Global Candle Gallery Licensing Company's Motion to Dismiss Counts 4, 5, and 7 of Kollar's Counterclaim and Incorporated Memorandum of Law (Dkt.34) and Defendant Brian Kollar's Response to same (Dkt.35). The Court, having reviewed the motion, response, and being otherwise advised of the premises, concludes that the Motion to Dismiss should be denied. The Court also concludes that Global Candle Gallery Licensing ... Alfred J. DAVIS and Cindy Davis, Plaintiffs, v. Lisa P. JACKSON, Administrator of the United States Environmental Protection Agency; A. Stanley Meiberg, Acting Regional Administrator of the United States Environmental Protection Agency Region IV; U, M.D.Fla., November 18, 2009 ORDER ON DEFENDANTS' MOTIONS TO DISMISS ELIZABETH A. KOVACHEVICH, District Judge. THIS CAUSE is before the Court on Defendants, CITY OF ST. PETERSBURG'S and SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT'S, Motions to Dismiss Plaintiffs' Complaint (Dkts.17, 18) and Plaintiffs' Oppositions to Defendants' Motions to Dismiss (Dkts.23, 24). BACKGROUND and PROCEDURAL HISTORY Plaintiffs filed a seven-count Complaint on June 9, 2009 with the City of St. Petersburg (the City) and Southwest Florida Wat... Susan R. HARRISON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Fla., November 18, 2009 ORDER THOMAS E. MORRIS, United States Magistrate Judge. This case is before the Court on Plaintiff's Application for Attorney's Fees Pursuant to the Equal Access to Justice Act (hereinafter referred to as EAJA) (Doc. # 28, Motion), filed October 13, 2009. Plaintiff's counsel requests an award of $3,661.60 in attorney fees pursuant to EAJA (Doc. # 28 at 1). Defendant filed the Opposition to Petitioner's Application for Attorney Fees Pursuant to 28 U.S.C. § 2412(d) (Doc. # 31, Response), on Oct... Cordell Alexander WARREN, v. UNITED STATES of America. , M.D.Fla., November 18, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause is before the Court on Defendant Cordell Alexander Warren's timely-filed 28 U.S.C. § 2255 motion to vacate, set aside, or correct an allegedly illegal sentence. (Doc. cv-1; cr-21). A review of the record demonstrates that the motion to vacate must be denied. PROCEDURAL HISTORY On November 13, 2007, Warren waived Indictment and was charged by Information with possession with intent to distribute cocaine, in violation of 21 U.... Terry Lee HILL, Petitioner, v. SECRETARY, DEPT. OF CORRECTIONS, Respondent. , M.D.Fla., November 18, 2009 ORDER ELIZABETH A. KOVACHEVICH, District Judge. Before this Court is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by TERRY LEE HILL (Hill), a Florida prisoner. The petition attacks Hill's convictions for sexual battery, armed burglary, kidnaping, aggravated battery, aggravated assault, tampering with physical evidence, and violation of injunction for protection against repeat violence arising out of charges filed in the Sixth Judicial Circuit in Pinellas County, Fl... Chester THOMAS, Petitioner, v. SECRETARY, DEPT. OF CORRECTIONS, Respondent. , M.D.Fla., November 18, 2009 ORDER ELIZABETH A. KOVACHEVICH, District Judge. Before this Court is a pro se petition for writ of habeas corpus filed by a Florida prisoner challenging his revocation of probation previously extended on four convictions for attempted sexual battery on a child under age twelve imposed in the Thirteenth Judicial Circuit, Hillsborough County, Florida in case no. 89-10729. A review of the record demonstrates that the petition must be denied. Background Thomas was charged in case no. 89-1072... Sterling R. LANIER, JR., Plaintiff, v. Captain R. SMITH, et al., Defendants. , M.D.Fla., November 18, 2009 ORDER HOWELL W. MELTON, District Judge. I. Status Plaintiff, an inmate of the Florida penal system who is proceeding pro se, initiated this case by filing a Civil Rights Complaint (Doc. # 1) (hereinafter Complaint) pursuant to 42 U.S.C. § 1983 on August 28, 2008. He names Captain R. Smith, an employee of the Florida Department of Corrections (hereinafter FDOC) and Sergeant E.L. Allen, a former employee of the FDOC, as the Defendants. Plaintiff contends that his rights under the Eighth Amendmen... Jose Lucio CHACON, Plaintiff, v. Ron RICE, et al., Defendants. , M.D.Fla., November 18, 2009 ORDER OF DISMISSAL WITHOUT PREJUDICE HOWELL W. MELTON, District Judge. Plaintiff Jose Lucio Chacon, who is proceeding pro se and in forma pauperis, initiated this action by filing a Civil Rights Complaint Form (Complaint) (Doc. # 1) pursuant to 42 U.S.C. § 1983. In the Complaint, he names Columbia Correctional Institution (hereinafter CCI) and Ron Rice, the Medical Director of CCI, as the Defendants in this action. Plaintiff complains that he was exposed to tuberculosis. He asserts that Ron R... Luis LEON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Fla., November 17, 2009 MEMORANDUM ORDER ROBERT L. DUBE, United States Magistrate Judge. THIS CAUSE is before this Court on the Motion for Summary Judgment filed by the Plaintiff (D.E.# 18, # 19) and the Motion for Summary Judgment filed by the Defendant (D.E.# 20) pursuant to the consent of the parties and an Order of Reference entered by the Honorable Paul C. Huck, United States District Judge. The issue before the Court is whether the record contains substantial evidence to support the denial of benefits to the P... Michael S. POWELL, Plaintiff, v. The HOME DEPOT U.S.A., INC., Defendant. , S.D.Fla., November 17, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION DANIEL T.K. HURLE, District Judge. THIS CAUSE is before the court upon plaintiff's motion for preliminary injunction [DE # 303], and the report and recommendation of the Honorable James M. Hopkins, United States Magistrate Judge, recommending that the court deny plaintiff's motion [DE # 561]. No objections were filed to the Magistrate Judge's report. Having carefully revie... Kenneth RAULERSON, Plaintiff, v. Alex P. BAILEY, et al, Defendants. , N.D.Fla., November 17, 2009 Kenneth Scott Raulerson, Cross City, FL, pro se. Keith C. Tischler, Jolly & Peterson PA, Peter Gunnar Fisher, Paul Alan Sprowls, U.S. Attorney, Tallahassee, FL, for Defendants. ORDER ALLAN KORNBLUM, United States Magistrate Judge. Presently before the Court is Plaintiff's Second Motion to Compel. (Doc. 70). Defendants have responded that they have no documents or other information responsive to the requests at issue and the motion to compel should be denied. (Doc. 72). Plaintiff seeks... William Floyd GAY, Petitioner, v. Walter McNEIL, Respondent. , N.D.Fla., November 17, 2009 William Floyd Gay, Blountstown, FL, pro se. Christine Ann Guard, Attorney General, Tallahassee, FL, for Respondent. ORDER ALLAN KORNBLUM, United States Magistrate Judge. This cause is before the Court on Petitioner's motion for clarification of the Court's order denying leave to file a second amended habeas petition. Doc. 44. Petitioner is correct that the Court made a typographical error in identifying the ground of his petition which he wished to amend, i.e., Petitioner sought to amend... Randy BORCHARDT, Joe White, and Greg Gish, on behalf of themselves and the Plaintiff class, Plaintiffs, v. MAKO MARINE INTERNATIONAL, INC., et al., Defendants. , S.D.Fla., November 17, 2009 D. Todd Mathews, Brett A. Williams, Nicholas S. Clevenger, David M. Peterson, Peterson & Associates, Kansas City, MO, Robert Baldwin Brown, III, Alters, Boldt, Brown, Rash & Culmo, P.A., Miami, FL, Joseph M. Lyon, The Lyon Firm, Cincinnati, OH, for Plaintiffs. Gregory Andrew Anderson, Jessica Estelle Byrne, Andersonglenn, LLC, Ponte Vedra Beach, FL, John Jason Glenn, Anderson Glenn LLC, Boca Raton, FL, for Defendants. ORDER AND OPINION ON MOTION TO DISMISS KENNETH A. MARRA, District Judge. ... Joseph C. HUBBARD, et al., Plaintiffs, v. BANKATLANTIC BANCORP, INC., et al., Defendants. , S.D.Fla., November 17, 2009 David Reich Chase, David R. Chase PA, Fort Lauderdale, FL, Jules Brody, Stull Stull & Brody, Mark S. Arisohn, Michael W. Stocker, Serena W. Hallowell, Jonathan Gardner, Labaton Sucharow LLP, New York, NY, Julie Prag Vianale, Kenneth J. Vianale, Vianale & Vianale, Boca Raton, FL, Adam Michael Schachter, Stearns Weaver Miller Weissler Alhadeff & Sitterson, Ronald D. Shindler, Fowler White Burnett, Miami, FL, Benjamin J. Hinerfeld, Andrew L. Zivitz, Mark S. Danek, Michelle M. Newcomer, Barroway Top... Lorna ASH, Plaintiff, v. SAMBODROMO, LLC, Defendant. , S.D.Fla., November 17, 2009 Lawrence Joseph McGuinness, Miami, FL, for Plaintiff. Barry Adam Postman, Jana M. Leichter, Cole, Scott & Kissane, P.A., West Palm Beach, FL, for Defendant. ORDER JOHN J. O'SULLIVAN, United States Magistrate Judge. THIS MATTER is before the Court on the Defendant's Motion for Summary Judgment and Incorporated Memorandum of Law (DE# 53, 9/23/09). Having reviewed the applicable filings and the law, it is ORDERED AND ADJUDGED that Defendant's Motion for Summary Judgment (DE# 53, 9/23/09)... CARNIVAL CORP., et al., Plaintiffs, v. ROLLS-ROYCE PLC, et al., Defendants. , S.D.Fla., November 17, 2009 Maria Isabel Hoelle, Fowler Rodriguez, Coral Gables, FL, Antonio J. Rodriguez, George J. Fowler, III, Fowler Rodriguez Valdes-Fauli, New Orleans, LA, for Plaintiffs. Larry Allen Stumpf, Jared M. Lopez, Black Srebnick Kornspan & Stumpf, Anthony Peter Strasius, Wilson Elser Moskowitz Edelman & Dicker, Miami, FL, for Defendants. ORDER DENYING IN PART ROLLS-ROYCE'S MOTION TO DISMISS PATRICIA A. SEITZ, District Judge. THIS MATTER is before the Court on the Motion to Dismiss Plaintiffs' Amend... David KNIGHT, Plaintiff, v. ALLSTAR BUILDING MATERIALS, INC., Defendant. , M.D.Fla., November 17, 2009 ORDER ANNE C. CONWAY, District Judge. I. INTRODUCTION AND BACKGROUND This cause is before the Court for consideration of Defendant Allstar Building Materials, Inc.'s ("Allstar") Motion for Summary Judgment (Doc. No. 29) filed on June 19, 2009. Plaintiff David Knight ("Knight") filed his Amended Response in opposition (Doc. No. 40) on August 17, 2009. Knight alleges in his Complaint (Doc. No. 1), filed March 28, 2008, that Allstar, his former employer, failed to pay him overtime wages in... Christina KENDRICK, Plaintiff, v. EAGLE INTERNATIONAL GROUP, LLC, a Florida Limited Liability Company, Sam Negri, and David M. Pomerance, Defendants. , S.D.Fla., November 17, 2009 ORDER AND OPINION ON MOTION TO DISMISS KENNETH A. MARRA, District Judge. THIS CAUSE comes before the Court on Defendant David Pomerance's ("Defendant" or "Pomerance") Motion to Dismiss Complaint (DE 15). Plaintiff Christina Kendrick ("Plaintiff" or "Kendrick") filed a Response in Opposition to Defendants' Motion to Dismiss (DE 17) and Defendant filed a Reply to Plaintiff's Opposition (DE 19). The Court has carefully considered the motion, response, and reply, and is otherwise fully advised i... Debra DENT, Plaintiff, v. COMPOSITE STRUCTURES, INC., d/b/a Marlow Marine Sales, a Florida Corporation and Robert White Trust UTAD, February 13, 1991, Defendants, Robert M. White as Trustee for the Robert White Trust UTAD, February 13, 1991, Third, M.D.Fla., November 17, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. Before the Court are Third Party Defendant, Dyna Craft Ltd.'s Motion for Summary Judgment against White [FN1] on those claims remaining against Dyna Craft in White's Third Party Complaint (Doc. # 133) and Co-Defendant Composite Structures, Inc.'s Motion for Summary Judgment as to White's Crossclaim. [FN2] (Doc. # 134) White filed responses in opposition to the summary judgment motions. (Docs. # 143 and # 144) FN1. Defendant, Robert M. W... SUNTRUST BANK, Plaintiff, v. Kevin McCULLOUGH a/k/a Kevin Samuel McCullough a/k/a Kevin S. McCullough, Defendant. , M.D.Fla., November 17, 2009 ORDER ON PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS ELIZABETH A. KOVACHEVICH, District Judge. This cause comes before the Court on Plaintiff's Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c), (Dkt.9), filed August 27, 2009, and Defendant's response thereto, (Dkt.16), filed September 30, 2009. For the reasons set forth below, Plaintiff's motion is denied. The following facts are taken from the pleadings in this case. FACTS On May 26, 2006, Defenda... CATRON et al., Plaintiffs, v. CITY OF ST. PETERSBURG, Defendant. , M.D.Fla., November 17, 2009 ORDER STEVEN D. MERRYDAY, District Judge. The plaintiffs sue (Doc. 1) the defendant (the "City") and seek declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 ("Section 1983") for a violation of the plaintiffs' rights under the First, Fourth, Eighth, and Fourteenth Amendments to the United States Constitution and Article I, Section IX of the Florida Constitution. The City moves (Doc. 11) to dismiss or for summary judgment on the complaint and the plaintiffs respond (Doc. 16) in oppo... VERIZON WIRELESS PERSONAL COMMUNICATIONS LP, d/b/a Verizon Wireless, Plaintiff, v. CITY OF JACKSONVILLE, FLORIDA, Defendant. , M.D.Fla., November 17, 2009 ORDER TIMOTHY J. CORRIGAN, District Judge. Plaintiff Verizon Wireless Personal Communications LP ("Verizon") has challenged the City of Jacksonville's (the "City") denial of its application to construct a wireless communications facility (more commonly known as a cell tower) as violative of the Federal Telecommunications Act of 1996 (the "Act"), 47 U.S.C. § 151 et seq. This case is before the Court on the parties' cross- motions for summary judgment (Docs. 16 & 17) and respective responses in... Anne G. McBRIDE, Plaintiff, v. MERRILL LYNCH BANK & TRUST CO., FBS and Bank of America Corporation, Defendants. , M.D.Fla., November 17, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause is before the Court pursuant to Defendants' Motion to Strike Plaintiff's Punitive Damages Demand Under the Florida Whistle Blower Act (the "Motion to Strike" Doc. # 21), filed on September 21, 2009. Plaintiff, Anne McBride, filed a Response in Opposition to the Motion to Strike on September 21, 2009. (Doc. # 22). For the reasons that follow, the Court will grant the Motion to Strike. I. Background Plaintiff filed a one-count... Randy CAMPBELL, Plaintiff, v. Sheriff Ralph JOHNSON, Defendant. , N.D.Fla., November 16, 2009 ORDER ELIZABETH M. TIMOTHY, United States Magistrate Judge. This matter is before the court on Plaintiff's "Bill of Costs" (Doc. 91), Motion For Appointment of Counsel (Doc. 92), and "Request for the Court to Take Judicial Notice Regarding Campbell v. C. Johnson Case no. 3:05 cv113/EMT" (Doc. 93). Plaintiff's request for taxation of costs shall be denied. Final judgment in favor of Plaintiff has not been entered in this case; therefore, taxation of costs against Defendant is not appropriat... Sandy D. McKENZIE, Movant, v. UNITED STATES of America, Respondent. , S.D.Fla., November 16, 2009 Sandy D. McKenzie, Jesup, GA, pro se. ORDER ADOPTING REPORT & RECOMMENDATION OF MAGISTRATE JUDGE (D.E.20) AND DENYING MOTION TO VACATE SENTENCE PURSUANT TO 28 U.S.C. § 2255 (D.E.1) JOAN A. LENARD, District Judge. THIS CAUSE is before the Court on the Report and Recommendation of the Magistrate Judge ("Report," D.E. 20), issued on October 5, 2009, recommending that Movant Sandy D. McKenzie's Motion to Vacate Sentence pursuant to 28 U.S.C. § 2255 be denied as untimely filed. Therein, Movant w... In the Matter of the EXTRADITION OF Jacques PELLETIER. , S.D.Fla., November 16, 2009 ORDER DENYING MOTION TO SET CONDITIONS OF RELEASE ANDREA M. SIMONTON, United States Magistrate Judge. Presently pending before the Court is Jacques Pelletier's Motion To Set Conditions of Release (DE # 15). The motion is fully briefed (DE 16, 19, 25). A hearing on the motion was held on October 28, 2009. For the reasons stated below, the motion is denied. I. Background On August 17, 2009, the United States filed a Complaint for the Provisional Arrest of Jacques Pelletier, with a view towar... DEVELOPERS SURETY AND INDEMNITY COMPANY, a foreign corporation, Plaintiff, v. ELECTRIC SERVICE & REPAIR, INC., a Florida corporation, Jesse Jimenez, and Carmel Jimenez, Defendants. , S.D.Fla., November 16, 2009 Edward Etcheverry, Jeffrey Scott Geller, Etcheverry & Harrison LLP, Plantation, FL, for Plaintiff. James Crenshaw Kelley, Miami, FL, for Defendants. AGREED ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION PATRICIA A. SEITZ, District Judge. THIS MATTER having come before this Court upon the Motion for Preliminary Injunction filed by Plaintiff, DEVELOPERS SURETY AND INDEMNITY COMPANY ("DSI"), against the Defendants, ELECTRIC SERVICE & REPAIR, INC. ("ESR"), JESSE JIMENEZ and CARMEL JIMENEZ ... In re PARAMOUNT LAKE EOLA, L.P. LITIGATION. Leaton v. Paramount Lake Eola, L.P. Kauffman v. Paramount Lake Eola, L.P. Viner v. Paramount Lake Eola, L.P. Quang v. Paramount Lake Eola, L.P. Viamontes v. Paramount Lake Eola, L.P.Nagassar , M.D.Fla., November 16, 2009 ORDER JOHN ANTOON II, District Judge. These six cases are before the Court on motions filed by Defendant, Paramount Lake Eola, L.P., to dismiss [FN1] Counts I and VI of the Complaints [FN2] filed in these cases. Plaintiffs have filed Responses in Opposition to the motion, and the Court now issues the following ruling thereon. FN1. Substantially the same motion to dismiss has been filed in each of the six cases listed in the caption above. Unless otherwise noted, all record citations... UNITED STATES of America, Plaintiff, v. Stanley DUMERVIL, Whitney Liberal, Lawrence Benoit Stevenson Benoit, Defendants. , S.D.Fla., November 16, 2009 ORDER AFFIRMING REPORT & RECOMMENDATION AND DENYING MOTION TO SUPPRESS PATRICIA A. SEITZ, District Judge. This matter is before the Court on Defendant Liberal's Objections to the Report and Recommendation (R & R) of the Honorable John J. O'Sullivan, which recommends that the Court deny the Motion to Suppress Evidence [DE-47] filed by Defendant Dumervil and adopted by the co-Defendants Liberal, Lawrence Benoit and Stevenson Benoit. The Court has reviewed Magistrate Judge O'Sullivan's R & R [DE... Frank A. WALLS, Petitioner, v. Walter A. McNEIL, Secretary, Florida Department of Corrections, et. al, Respondents. , N.D.Fla., November 16, 2009 ORDER ON APPLICATION FOR CERTIFICATE OF APPEALABILITY M. CASEY RODGERS, District Judge. This cause is before the court on Petitioner's application for a certificate of appealability (doc. 38). Unless a certificate of appealability is issued, a petitioner may not take an appeal from the final order denying § 2254 relief. See28 U.S.C. § 2253(c) (1)(A); Fed. R.App. P. 22(b)(1). Such a certificate may issue "only if the applicant has made a substantial showing of the denial of a constitutional ri... Bradley BELFIELD, Plaintiff, v. GC SERVICES LIMITED PARTNERSHIP-DELAWARE, Defendants. , M.D.Fla., November 16, 2009 Brian P. Parker, Bingham Farms, MI, for Plaintiff. H. Keith Thomerson, Stephanie Broder, Hinshaw & Culbertson, LLP, Jacksonville, FL, for Defendants. ORDER THOMAS E. MORRIS, United States Magistrate Judge. This matter is before the Court on Plaintiff's Motion to Compel More Specific Answers to Discovery and Brief in Support of Motion (Doc. # 16, Motion), filed September 10, 2009. Defendant GC Services Limited Partnership filed a response in opposition to the Motion on September 15, 2009 ... Heydee DE LEON and Jennifer Mendoza, Plaintiffs, v. BANK OF AMERICA, N.A. (USA), Defendant. , M.D.Fla., November 16, 2009 ORDER JOHN ANTOON II, District Judge. This cause is before the Court on the motions to dismiss (Docs. 15 & 26) filed by Defendant, Bank of America, N.A. (USA) ("the Bank"). Plaintiffs, Heydee De Leon ("De Leon") and Jennifer Mendoza ("Mendoza"), have filed a Response thereto (Doc. 28), and Defendant has filed a Reply to the Response (Doc. 36). The matter is now ripe for adjudication and the Court issues the following ruling thereon. I. Legal Standard "A pleading that states a claim for reli... In re MIVA, INC., Securities Litigation. , M.D.Fla., November 16, 2009 OPINION AND ORDER JOHN E. STEELE, District Judge. This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. # 183), filed August 25, 2009, recommending that defendants' Dispositive Motion for Summary Judgment (Doc. # 155) be granted. Lead Plaintiffs filed Objections to the Report and Recommendation of Magistrate Judge Frazier (Doc. # 187) on September 18, 2009, and defendants filed a Response in Opposition (Doc. # 188) on October 5, 2009. I. ... SUNTRUST BANK, Plaintiff, v. Bonnie L. ROBIDA, Defendant. , M.D.Fla., November 16, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff's Motion for Final Default Judgment (Doc. No. 11) filed September 10, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be denied without prejudice. After an independent de novo review of the record in this matter, and consideration of Plaintiff's Objections to the Report and Recommendation (Doc. No. 14), the Court agrees entirely with the findings of fact and conclusion... Orlando PARIS, Plaintiff, v. PROTECTION CONSULTANTS, INCORPORATED, Defendant. , M.D.Fla., November 16, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff's Motion for Final Default Judgment (Doc. No. 8) filed October 16, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be denied. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is O... UNITED STATES of America, Plaintiffs, v. Sheryl L. LAVENDAR, Defendant. , S.D.Fla., November 16, 2009 Aloyma M. Sanchez, for Plaintiff. Sheryl L. Lavender, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND GRANTING PLAINTIFF'S MOTION TO COMPEL DANIEL T.K. HURLEY, District Judge. THIS CAUSE is before the court upon plaintiff's motion to compel discovery and to compel defendant to attend deposition in aid of execution [DE # 4], and the report and recommendation of the Honorable James M. Hopkins, United States Magistrate Judge, recommending that the court grant plaint... ROLYN COMPANIES, INC., Plaintiff, v. R & J SALES OF TEXAS, INC., d/b/a Precision Restoration & Roofing, et al., Defendants. , S.D.Fla., November 16, 2009 ORDER CECILIA M. ALTONAGA, District Judge. THIS CAUSE came before the Court on the following motions: (1) Plaintiff, Rolyn Companies, Inc.'s Motion for Summary Judgment Against Defendant, Crum & Forster Specialty Insurance Company [D.E. 66]; (2) Plaintiff, Rolyn Companies, Inc.'s Motion for Summary Judgment Against Defendant, Admiral Insurance Company [D.E. 67]; (3) Defendant, Admiral Insurance Company's Motion for Summary Judgment Against Plaintiff, Rolyn Companies, Inc. [D.E. 63]; and (4) D... Jorge G.Z. CALIXTO, a resident and citizen of Brazil, Plaintiff, v. WATSON BOWMAN ACME CORP., a Delaware corporation, Defendant. , S.D.Fla., November 16, 2009 Melissa Segarra Zinkil, Richard L. Horn, Akerman Senterfitt & Eidson, Sarah Marie Yoho, Akerman Senterfitt, West Palm Beach, FL, for Plaintiff. Robert Mark Brochin, Morgan Lewis & Bockius, Miami, FL, for Defendant. ORDER ROBIN S. ROSENBAUM, United States Magistrate Judge. This matter is before the Court upon Plaintiff Jorge G.Z. Calixto's Motion to Compel Defendant Watson Bowman Acme Corp. To Remedy Its Spoliation of Documents [D.E. 86] ("Motion to Compel") and Plaintiff Jorge G.Z. Cali... SEMINOLE TRANSPORTATION SPECIALISTS, INC., Plaintiff, v. PDM BRIDGE, LLC and Gregg Mizerk, Defendants. , M.D.Fla., November 16, 2009 ORDER STEVEN D. MERRYDAY, District Judge. The plaintiff sues (Doc. 1) the defendants, PDM Bridge, LLC ("PDM Bridge") and Gregg Mizerk ("Mizerk"), and alleges intentional tort claims and a breach of contract claim. The defendants file motions to dismiss (Docs. 4 & 6), which the plaintiff opposes (Docs. 10 & 11). Discussion I. Tortious Interference Mizerk asserts that count two of the complaint fails to state a claim. In Florida, "a party to a contract cannot sue another party for tortious bu... Frank M. BAFFORD, Plaintiff, v. UNITED STATES, Defendant. , M.D.Fla., November 16, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant to Plaintiff, Frank M. Bafford's Motion to Proceed in Forma Pauperis (Doc. 2) and "Motion to Allow to Amend" (Doc. 5). On October 15, 2009, the Honorable Anthony E. Porcelli, United States Magistrate Judge, issued a Report and Recommendation (Doc. 8), recommending that the motion to proceed in forma pauperis be denied (which has the effect of rending the "Motion to Allow to Amend" moot) and this ... Wayne AUSTIN, Plaintiff, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, Defendant. , M.D.Fla., November 16, 2009 Wayne Austin, pro se. ORDER HENRY LEE ADAMS, JR., District Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Dkt.10) recommending that Plaintiff's construed Motion to Proceed In Forma Pauperis (Dkt.2) be denied and the pro se Second Amended Complaint (Dkt.7) be dismissed without prejudice to Plaintiff filing a paid complaint. Plaintiff has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections. On October 21... UNITED STATES of America, Plaintiff, v. Laura LUND, Defendant. , M.D.Fla., November 16, 2009 ORDER GREGORY A. PRESNELL, District Judge. This cause comes before the Court on Motion for Default Judgment (Doc. No. 10) filed October 23, 2009. On October 27, 2009, the United States Magistrate Judge issued a report (Doc. No. 11) recommending that the motion be granted. No objections have been filed. Therefore, it is ORDERED as follows: 1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this Order. 2. The Motion for Default Judgment is GRANTED. The clerk is direct... Timothy R. BROWN, Plaintiff, v. Christopher D. ALLEN and Alamo Financing, LP, Defendants. , M.D.Fla., November 16, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Defendant Christopher D. Allen's Motion to Dismiss for Insufficient Service of Process and Lack of Jurisdiction and/or Motion to Quash pursuant to Federal Rules of Civil Procedure 4(f), 4(1), and 12(b)(5), and Florida Statute section 48.193. (Doc. No. 13.) Plaintiff Timothy R. Brown filed a response to that motion, as well as a Motion for Leave to Amend Complaint. (Doc. No. 15.) I. Background Plaintiff Timothy Bro... UNITED STATES of America, Plaintiff, v. Willie WALKER, Defendant. , S.D.Fla., November 13, 2009 Andrea Dottie Ricker Wolfson, United States Attorney's Office, Miami, FL, for Plaintiff. Stewart Glenn Abrams, Federal Public Defender's Office, Miami, FL, for Defendants. ORDER DENYING MOTION TO SUPPRESS JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon the October 23, 2009, Report and Recommendation of Magistrate Judge Ted. E Bandstra (D.E.# 27), recommending that Defendant Walker's Motion to Suppress (D.E.# 18), dated September 28, 2009, be DENIED. Defendant ... UNITED STATES of America, Plaintiff, v. Frank Kofi PREMPEH, Defendant. , S.D.Fla., November 13, 2009 ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon the Report and Recommendation issued by United States Magistrate Judge Peter R. Palermo, on October 27, 2009. The Report and Recommendations recommends to this Court, that Counsel's Ex- Parte Motion for Approval of Investigator Fees in Excess of Cap (DE# 71) be Denied. Based upon the Magistrate's review of the time sheet and the Ex-Parte Motion for Approval of Investig... Debra DENT, Plaintiff, v. COMPOSITE STRUCTURES, INC., d/b/a Marlow Marine Sales, A Florida Corporation and Robert White Trust Utad, February 13, 1991, Defendants. , M.D.Fla., November 13, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause is before the Court pursuant to Co-Defendant Composite Structures' Motion for Judgment on the Pleadings as to Counts I and II of Co- Defendant White Trust's crossclaim, filed on May 8, 2009. (Doc. 108) On June 12, 2009, White Trust filed a response in opposition to the Motion. (Doc. 118). For the reasons that follow, the Motion for Judgment is granted. I. Factual Background and Procedural History The following factual discus... Inah AYERS, Plaintiff, v. The SEMBLER COMPANY, Defendant. , M.D.Fla., November 13, 2009 ORDER RICHARD A. LAZZARA, District Judge. Before the Court are cross-motions for summary judgment: (1) Defendant's Dispositive Motion for Summary Judgment (Dkt.37), Defendant's Statement of Undisputed Facts (Dkt.39), Plaintiff's Response in Opposition (Dkt.47), Defendant's Notice of Supplemental Authority (Dkt.54), and (2) Plaintiff's Motion for Summary Judgment (Dkt.31), depositions and declarations (Dkts.32-35, 40-46), Defendant's Response in Opposition (Dkt.51), Defendant's Statement of Di... George JOHNSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of the United States Social Security Administration, Defendant. , M.D.Fla., November 13, 2009 ORDER THOMAS B. McCOUN III, United States Magistrate Judge. The Plaintiff seeks judicial review of the denial of his claim for Social Security disability benefits and Supplemental Security Income payments. For the reasons set out herein, the decision is affirmed. I. Plaintiff was fifty-two (52) years of age at the time of his administrative hearing in June 2007. He stands five feet, eight inches tall and weighed approximately 215 pounds. Plaintiff has an eighth-grade education. His past ... Hans JULCEUS, Plaintiff, v. CITY OF NORTH MIAMI, Defendant. , S.D.Fla., November 13, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PAUL C. HUCK, District Judge. This matter is before the Court upon Defendant City of North Miami's motion for summary judgment under Federal Rule of Civil Procedure 56. See Doc. 19. Plaintiff Hans Julceus brought claims for employment discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the Florida Civil Rights Act (FCRA). [FN1]See Doc. 1. Julceus responded to the motion for summary judgment, and North Miami ... Reggie PONCE DE LEON, Plaintiff, v. JACKSON MEMORIAL HOSPITAL, et al., Defendants. , S.D.Fla., November 13, 2009 Reggie Ponce DeLeon, Miami, FL, pro se. ORDER AFFIRMING MAGISTRATE JUDGE'S REPORT URSULA UNGARO, District Judge. THIS CAUSE is before the Court upon Plaintiff's pro se civil rights Complaint, pursuant to 42 U.S.C. § 1983, filed on September 18, 2009. (D.E.1.) The matter was referred to Magistrate Judge Patrick A. White, who, on October 21, 2009, filed a Report recommending that the Complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relie... SOUTHERN-OWNERS INSURANCE COMPANY, Plaintiff, v. John HAYDEN, Beverly Hayden, and JPH Services, Inc., Defendants/Counter- Plaintiffs/Third-Party Plaintiffs, v. Insurpro Insurance Agency, Inc. and R.V. Johnson Agency, Inc., Third-Party Defendants, S.D.Fla., November 13, 2009 ORDER ON MOTIONS TO DISMISS JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon Defendants John Hayden, Beverly Hayden, and JPH Services Inc.'s Motion to Dismiss the Amended Complaint (D.E. No. 60); Insurpro Insurance Agency's Motion to Dismiss, or Alternatively, Motion to Abate and Sever Third Party Defendant Insurpro Insurance Agency, Inc. (D.E. No. 63), and R.V. Johnson Agency Inc.'s Motion to Dismiss, or Alternatively, Motion to Abate and Sever Third Party Defendant R.... Annette TURCOTTE, Plaintiff, v. PUB 44, INC., Defendant. , M.D.Fla., November 13, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on consideration of the parties' responses to the Court's Order to Show Cause (Doc. No. 18). The United States Magistrate Judge has submitted a report recommending that Attorney David Glasser be publicly admonished and sanctioned. The Court has made an independent de novo review of the record in this matter, and considered the Exceptions to the Report and Recommendation filed by Plaintiff's counsel (Doc. 23). Further, the ... Grisana GRAWZO, Plaintiff, v. MOON THAI & JAPANESE, INC. and Somkid "Jack" Punma, Defendants. , S.D.Fla., November 13, 2009 ORDER GRANTING MOTION TO SET ASIDE DEFAULT JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Defendant Moon Thai & Japanese, Inc.'s Motion to Set Aside Default [DE 14]. The Court has carefully considered the motion and notes the lack of opposition to the motion. The United States Court of Appeals for the Eleventh Circuit has set forth the relevant standard regarding motions to vacate default judgments: "to establish mistake, inadvertence, or excusable neglect under Rule 60... Raymond Paul MATTHEWS, v. UNITED STATES of America. , M.D.Fla., November 13, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause is before the Court upon Defendant Matthews' motion to vacate, set aside, or correct an allegedly illegal sentence pursuant to 28 U.S.C. § 2255. (Doc. cv-1; cr98). A review of the record demonstrates that, for the following reasons, the motion to vacate must be denied. PROCEDURAL HISTORY In August 2004, a grand jury in the Middle District of Florida returned an indictment charging Raymond Paul Matthews with possessing a firearm... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. FLORIDA INSTITUTE FOR NEUROLOGIC REHABILITATION, INC., Defendant. , M.D.Fla., November 13, 2009 ORDER STEVEN D. MERRYDAY, District Judge. The parties move (Doc. 27) for approval of a consent decree, which includes "General Provisions" (Doc. 27-2 at 3) that contain an unenforceable "obey the law" injunction. See SEC v. Smyth, 420 F.3d 1225, 1233 n. 14 (11th Cir.2005); American Red Cross v. Palm Beach Blood Bank, Inc., 143 F.3d 1407, 1412 (11th Cir.1998) (holding that a district court may not simply order a party to "obey the law"). Specifically, the proposed consent decree (Doc. 27-2) pr... UNITED ENTERPRISE FUND LP, Plaintiff, v. MODERN BUSINESS ASSOCIATES, INC., Mark Patrick Lettelleir, Defendants. , M.D.Fla., November 13, 2009 ORDER SUSAN C. BUCKLEW, District Judge. The Court now considers Plaintiff's unopposed motion for reconsideration of this Court's order denying the parties' request for additional time to complete discovery and file dispositive motions in this case. (Doc. 47.) In addition, the Court considers Defendant Mark Patrick Lettelleir's motion for an extension of time to designate expert witness, conduct discovery, and file dispositive motions. (Doc. 48.) Twice, this Court has granted an extension o... Mark S. FRANKLIN, D.O., Plaintiff, v. HARTFORD LIFE INSURANCE COMPANY, Defendant. , M.D.Fla., November 13, 2009 ORDER STEVEN D. MERRYDAY, District Judge. Following a January 13, 2009, judgment (Doc. 41) in his favor, the plaintiff moved "for entitlement to attorneys' fees and costs and a stay of proceedings for determination as to amount." (Doc. 43) At the parties' request, a January 26, 2009, order (Doc. 44) stays this action pending resolution of the defendant's appeal. The order denies the motion for fees without prejudice "to a renewed motion within fourteen days after resolution of the appeal." (D... Maria Del Pilar GONZALEZ, Plaintiff, v. GO RELAX TRAVEL, LLC, Defendant. , M.D.Fla., November 13, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiffs Motion for Conditional Certification of Collective Action and Permission to Send Court Supervised Notice Advising Similarly Situated Individuals of Their Opt-In Rights Pursuant to 29 U.S.C. § 216(b) (Doc. No. 25) filed August 31, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and conside... Gregory H. SCHLICHER, Plaintiff, v. Keith MURPHY, et al., Defendants. , N.D.Fla., November 13, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION STEPHAN P. MICKLE, Chief Judge. THIS CAUSE comes before the court upon the Magistrate Judge's Report and Recommendation (doc. 65), which recommends that Defendants' Motion to Dismiss (doc. 51) be granted. Plaintiff has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b) (1). Plaintiff has filed an objection (doc. 66). Pursuant to Title 28, United States Code, Section 636... Sam FREDERICK, Jr., Petitioner, v. UNITED STATES of America, Respondent. , M.D.Fla., November 12, 2009 Sam Frederick, Jr., pro se. ORDER JAMES S. MOODY, JR., District Judge. Petitioner has filed a Notice of Appeal (CV Dkt. 20) of this Court's October 5, 2009 decision denying his motion for reconsideration of the Court's February 2, 2009 order denying relief under 28 U.S.C. § 2255 (See CV Dkt. 19). The Court construes the Notice of Appeal as an application for a certificate of appealability ("COA") pursuant to Rule 22, Fed. R.App. P., [FN1] and 28 U.S.C. § 2253 [FN2] (CV Dkt. 21), see Edward... UNITED STATES of America v. Lynette OWENS. , M.D.Fla., November 12, 2009 OPINION AND ORDER JOHN E. STEELE, District Judge. This matter is before the Court on defendant's Motion Under Title 3582(c)(2) For Immediate Release Based On Retroactive Cocaine Base to Powder 1 to 1 Ratio (Doc. # 29) and her Motion for Appointment of Counsel (Doc. # 28), both filed on November 6, 2009. For the reasons set forth below, both motions will be denied. Title 18 U.S.C. § 3582(c) gives the court discretionary authority to reduce the term of imprisonment portion of a defendant's s... Ronnie Lee MATTHEWS, Plaintiff, v. UNITED STATES of America, Defendant. , M.D.Fla., November 12, 2009 OPINION AND ORDER JOHN E. STEELE, District Judge. This matter comes before the Court on Petitioner's Motion for Relief From August 17, 2009 Judgment [Doc. 60], Pursuant to Rules 60(b)(1) and 60(b)(3) of the Federal Rules of Civil Procedure, for Good Cause Shown (Doc. # 11) filed on October 8, 2009. No response has been filed, and the time to respond has expired. Also before the Court is petitioner's Notice of Appeal, deemed to include an application for certificate of appealability (Doc. # 13... Ederson LEAL and Walacy Correa, on their own behalf and others similarly situated, Plaintiffs v. DELTA DRIVERS SERVICE, INC., a Florida corporation, LCM Investment Group, Inc., a Florida corporation, and Luis Caamano, individually, Defendants. , S.D.Fla., November 12, 2009 Keith Michael Stern, Michael Lawrence Scheve, Shavitz Law Group, Boca Raton, FL, for Plaintiffs. ORDER AND OPINION ON MOTION FOR SUMMARY JUDGMENT KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Plaintiff's Motion For Summary Judgment [DE 22]. Despite ample notice, [FN1] no response to the motion has been filed. As such, this case is ripe for adjudication. The Court has carefully considered all moving papers filed in connection with this action, the record, and applicab... UNITED STATES of America, Plaintiff, v. Damian Jamil SMITH, Defendant. , M.D.Fla., November 12, 2009 Bruce S. Ambrose, J. Bishop Ravenel, US Attorney's Office, Orlando, FL, for Plaintiff. ORDER ON DEFENDANT'S OBJECTIONS PATRICIA C. FAWSETT, District Judge. This case comes before the Court on the following: 1. Sentencing Memorandum by Defendant Damian Jamil Smith (Doc. No. 87, filed Sept. 24, 2009); 2. Addendum to Defendant Damian Jamil Smith's Sentencing Memorandum by Defendant Damian Jamil Smith (Doc. No. 91, filed Oct. 12, 2009); and 3. Sentencing Memorandum by Plaintiff Unit... Raymond S. CAVEDO, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. , M.D.Fla., November 12, 2009 ORDER JAMES S. MOODY, JR., District Judge. Petitioner, an inmate of the Florida penal system proceeding pro se, initiated this action by filing a Petition for Writ of Habeas Corpus (hereinafter "petition") pursuant to 28 U.S.C. § 2254 (Dkt.1). Petitioner challenges his 2009 convictions for robbery and robbery with a deadly weapon entered by the Twelfth Judicial Circuit Court, Manatee County, Florida. [FN1] Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts ... UNLIMITED RESOURCES INCORPORATED, etc., Plaintiff, v. DEPLOYED RESOURCES, LLC, Defendant. , M.D.Fla., November 12, 2009 ORDER HOWELL W. MELTON, Senior District Judge. This cause is before the Court on Plaintiff's Dispositive Motion for Summary Judgment ("Plaintiff's motion for summary judgment") (Doc. 144) and Defendant's response in opposition thereto (Doc. 149), and Defendant Deployed Resources, LLC's Dispositive Motion for Summary Judgment ("Defendant's motion for summary judgment") (Doc. 146) and Plaintiff's response in opposition thereto (Doc. 148). On September 9, 2009, the Court heard oral argument on t... John MALOWNEY, Plaintiff, v. BUSH/ROSS, et al., Defendants. , M.D.Fla., November 12, 2009 John Malowney, Tampa, FL, pro se. David Christopher Banker, Bush Ross, PA, Tampa, FL, Anthony J. Petrillo, Michael H. Kestenbaum, Luks, Santaniello, Perez, Petrillo & Gold, LLC, Tampa, FL, for Defendants. ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before this Court upon (1) the Motion to Dismiss of Defendants, Bush Ross, P.A. and H. Web Melton, III (Dkt.8); (2) the Motion to Dismiss of Defendants, Bush Ross, P.A. and Steven Mezer (Dkt.9); and (3) Defendant Bill Berthold'... Clark S. CHENEY and James C. Calkins, Plaintiffs, v. IPD ANALYTICS, LLC, Intellectual Property Development, Inc., and Howard Benjamin Krass, Defendants. , S.D.Fla., November 12, 2009 Andrew T. Mosley, Mosley Law Offices, Lawrenceville, GA, Eduardo E. Dieppa, III, Dieppa Law Firm, P.A., Hialeah, FL, for Plaintiffs. Dennis Alan Richard, Laurel White Marc-Charles, Michael Ryan Tolley, Richard & Richard, Miami, FL, Steven Michael Umin, Julianna S. Gonen, Epstein Becker & Green, Washington, DC, for Defendants. ORDER ADOPTING IN PART MAGISTRATE'S REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FEDERICO A. MORENO, Chief Judge. THE MATTER was referred to... UNITED STATES of America v. Jerry M. BREWER Donald E. Touchet Richard E. Standridge Robert J. Jennings Joshua A. Poole a/k/a Josh Poole. , M.D.Fla., November 12, 2009 Mark Devereaux, Bonnie Ames Glober, U.S. Attorney's Office, Jacksonville, FL, Patricia A. Willing-Flu, U.S. Attorney's Office, Tampa, FL, for Plaintiff. ORDER EXPANDING THE SCOPE OF THE DUTIES OF THE RECEIVER TO INCLUDE RELATED CASES VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant the United States' Motion to Expand the Scope of the Duties of the Receiver to Include Related Case (Doc. # 562) filed on November 3, 2009. The United States seeks an or... Terrell Omar GIBSON, Plaintiff, v. DEPARTMENT OF CORRECTIONS, et al., Defendants. , N.D.Fla., November 12, 2009 Terrell Omar Gibson, Century, FL, pro se. ORDER LACEY A. COLLIER, Senior District Judge. This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 8, 2009. The plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined ... Richard L. JOHNSON, Plaintiff, v. Brian DEMARAIS, Defendants. , N.D.Fla., November 12, 2009 Richard L. Johnson, Indiantown, FL, pro se. Lance Eric Neff, Tallahassee, FL, Susan Adams Maher, Office of Attorney General The Capitol, for Defendant. ORDER ALLAN KORNBLUM, United States Magistrate Judge. Plaintiff has again moved for entry of default judgment, (doc. 38), which has previously been denied. (Doc. 36). As Plaintiff has been advised, the United States Marshals Service is in the process of attempting service upon Brian Demarais, but the Clerk's Entry of Default (doc. 33) was... Marcos GAMINO, Plaintiff, v. UNITED STATES of America, Defendant. , S.D.Fla., November 12, 2009 Marcos Gamino, Coleman, FL, pro se. ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION AND DENYING MOTION TO VACATE SENTENCE FEDERICO A. MORENO, District Judge. THE MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on Plaintiff's Motion to Vacate Sentence (D.E. No. 1), filed on December 22, 2008. The Magistrate Judge filed a Report and Recommendation (D.E. No. 8) on October 2, 2009. The Court has reviewed the enti... Michael HUGGINS, Petitioner, v. SECRETARY, DEPT. OF CORRECTIONS, Respondent. , M.D.Fla., November 12, 2009 Michael Huggins, Bushnell, FL, pro se. Dale E. Tarpley, Dutton Law Group, PA, Tampa, FL, for Respondent. ORDER ELIZABETH A. KOVACHEVICH, District Judge. THIS CAUSE is before the Court on Petitioner Michael Huggins' 28 U.S.C. § 2254 petition for writ of habeas corpus. Huggins challenges his conviction and sentence entered by the Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County, Florida on July 23, 2002. Huggins was convicted, following a trial by jury, of aggravated ... Joel MARTINEZ, Plaintiff, v. SECRETARY, DEPARTMENT OF HOMELAND SECURITY; Director, Citizenship and Immigration Services; Interim Field Office Director, Citizenship and Immigration Services, Tampa, Florida; Field Office Director, Citizenship and Imm, M.D.Fla., November 12, 2009 Mary Hatsue Teruya, Stoller & Moreno, PA, Orlando, FL, for Plaintiff. Bradley M. Bole, US Attorney's Office, Orlando, FL, for Defendants. ORDER JOHN ANTOON II, District Judge. On March 7, 2007, Plaintiff Joel Martinez filed an application for naturalization with the United States Citizenship and Immigration Services ("USCIS"). As a part of the application process, USCIS conducted an oral examination of Plaintiff on July 30, 2008. On May 11, 2009--having received no decision from USCIS on... UNITED STATES of America v. Darren Anthony SMITH. , M.D.Fla., November 11, 2009 ORDER AND NOTICE OF SHOW CAUSE HEARING ANNE C. CONWAY, District Judge. This cause comes before the Court on a Report and Recommendation (Doc. No. 18), entered by the Magistrate Judge after conducting a Final Probation Revocation Hearing pursuant to Local Rule 6.01(c) (16) on October 20, 2009. After an independent de novo review of the record in this matter, and noting that no objections were filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report... Tyrone FIELDS, Plaintiff, v. James DEKLE, et al, Defendants. , N.D.Fla., November 10, 2009 ORDER ALLAN KORNBLUM, United States Magistrate Judge. Plaintiff has filed a civil rights complaint against over twenty defendants in the Florida Department of Corrections concerning the DOC's decision not to credit him with the years he was released in error and their allegedly unconstitutional acts in rearresting him. (Doc. 1). Plaintiff is again released upon expiration of sentence and is living in Washington. As an initial matter, Plaintiff has filed a motion for leave to proceed withou... Bennie Lee EVANS, v. UNITED STATES of America. , M.D.Fla., November 10, 2009 Bennie Lee Evans, Montgomery, AL, pro se. Jesus M. Casas, US Attorney's Office, Ft. Myers, FL, for United States of America. ORDER VIRGINIA M. HERNANDEZ COVINGTTON, District Judge. This cause is before the Court upon Defendant's motion to vacate, set aside, or correct an allegedly illegal sentence pursuant to 28 U .S.C. § 2255. (Doc. cv-1; cr-77). A review of the record demonstrates that, for the following reasons, the motion to vacate must be denied. PROCEDURAL HISTORY On August 3, 2005... Richard FRIEDHOFER, on his own behalf and others similarly situated, Plaintiff, v. KENT TECHNOLOGIES, LLC a limited liability company, Frank Mambuca, individually, Defendants. , M.D.Fla., November 10, 2009 Keith M. Stern, Michael Lawrence Scheve, Shavitz Law Group, PA, Boca Raton, FL, for Plaintff. Keith M. Stern, Shavitz Law Group, PA, Boca Raton, FL, Michael R. D'Onofrio, Hahn, Loeser & Parks, LLP, Naples, FL, Jennifer L. Fewell, Richard T. Prasse, Hahn, Loeser & Parks, LLP, Cleveland, OH, for Defendants. OPINION AND ORDER JOHN E. STEELE, District Judge. This matter is before the Court on consideration of the Magistrate Judge's Report and Recommendation (Doc. # 29), filed November 10, 20... Ken L. MATTHYS and Karen Matthys, Plaintiffs, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Coastal Capital Corp., and National City Bank, Defendants. , M.D.Fla., November 10, 2009 ORDER GREGORY A. PRESNELL, District Judge. This matter comes before the Court on the Motions to Dismiss filed by defendants Mortgage Electronic Registration Systems, Inc. ("MERS") (Doc. 29) and National City Bank ("NCB") (Doc. 35), as well as the responses (Doc. 36, 37) filed by the Plaintiffs, Ken and Karen Matthys. I. Background According to the allegations of the Second Amended Complaint, which are accepted as true for purposes of resolving the instant motions, the Plaintiffs applied fo... Juan RIVERA, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. , M.D.Fla., November 10, 2009 Juan Rivera, Wewahitchka, FL, pro se. Douglas T. Squire, Office of the Attorney General, Daytona Beach, FL, for Respondents. ORDER MARY S. SCRIVEN, District Judge. Petitioner initiated this action for habeas corpus relief pursuant to 28 U.S.C. section 2254 (Doc. No. 1). Upon consideration of the petition, the Court ordered Respondents to show cause why the relief sought in the petition should not be granted. Thereafter, Respondents filed a response to the petition for writ of habeas cor... Angel HERNANDEZ, Plaintiff, v. MOHAWK INDUSTRIES, INC., Defendant. , M.D.Fla., November 10, 2009 Dennis F. Wells, Webb, Wells & Williams, PA, Longwood, FL, for Plaintiff. Cherie L. Silberman, Michael Dennis Malfitano, Timothy R. Newton, Constangy, Brooks & Smith, LLC, Tampa, FL, for Defendant. ORDER JOHN ANTOON II, District Judge. Angel Hernandez ("Plaintiff") brings the instant action against Defendant Mohawk Industries, Inc. ("Defendant"), alleging that his employment was terminated for several unlawful reasons. In his Complaint (Doc. 1), Plaintiff sets forth five counts: disabili... DUNEDIN DEVELOPMENT CO., LLC, and Sailwinds Condominium Association, Inc., Plaintiffs, v. CITY OF DUNEDIN, FLORIDA, and Richard Johnson, Defendants. , M.D.Fla., November 10, 2009 Brian P. Battaglia, Joseph P. Kenny, Battaglia, Ross, Dicus & Wein, PA, St Petersburg, FL, for Plaintiffs. James L. Yacavone, III, Jay Daigneault, John Grant Hubbard, Frazer, Hubbard, Brandt, Trask & Yacavone, LLP, Dunedin, FL, for Defendants. ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This matter comes before the Court pursuant to Defendant Richard Johnson's Dispositive Motion to Dismiss Count Two of the Second Amended Complaint, or in the Alternative, Motion for Summary Jud... Jose GONZALEZ and Allegra Viamonte, Plaintiffs, v. COOPERATIVA DE SEGUROS MULTIPLES DE PUERTO RICO, INC., Defendant. , M.D.Fla., November 10, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Plaintiffs' Motion to Exclude Portions of the Opinions and Testimony of Sam B. Upchurch and Memorandum in Support Thereof (Dkt.49), Defendant's Response to same (Dkt.50), Defendant's Motion for Summary Judgment and Incorporated Memorandum of Law (Dkt.48), and Plaintiffs' Response to same (Dkt.51). The Court having considered the motions, responses, record evidence, and being otherwise advised in the premises, co... Rodney DURHAM, individually and on behalf of all others similarly situated, Plaintiff, v. WHITNEY INFORMATION NETWORK, INC., Russell A. Whitney, Ronald S. Simon, Alfred R. Novas, John F. Kane, Nicholas S. Maturo, Rance Masheck, and Ehrhart Keefe St, M.D.Fla., November 10, 2009 DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FILED ON DECEMBER 8, 2008 (Dkt.# 101) AND GRANTING DEFENDANT EHRHARDT KEEFE STEINER & HOTTMAN PC'S MOTION TO DISMISS (Dkt.# 103) AND DISMISSING THE CASE AVERN COHN, District Judge. I. Introduction This is a securities fraud case. Plaintiff Arnold Friedman, on behalf of himself and all others similarly situated, [FN1] is suing defendants Whitney Information Network, Inc. (Whitney) and i... Michael A. PETILLO, Carney G. Petillo, Jr., Daniel J. Petillo, Plaintiffs, v. WORLD SAVINGS BANK, FSB, n/k/a Wachovia Mortgage, FSB, Meridian Capital Mortgage, Inc., Alliance Title Company, Defendants. , M.D.Fla., November 10, 2009 Cynthia Ariel Conlin, Teeluck Persad, CPLS, PA, Orlando, FL, Michael Howard Gotschall, Law Office of Michael H. Gotschall, Winter Park, FL, for Plaintiffs. M. Bradley Luczak, White & Luczak, PA, Winter Park, FL, for Defendants. ORDER PATRICIA C. FAWSETT, District Judge. This case comes before the Court on the following: 1. Motion for Default Final Judgment Against Meridian Capital Mortgage, Inc. with Incorporated Memorandum of Law by Plaintiffs (Doc. No. 53, filed July 30, 2009); ... Cynthia R. JARVIS, Plaintiff, v. Michael D. GRIFFIN, Defendant. , M.D.Fla., November 10, 2009 ORDER PATRICIA C. FAWSETT, District Judge. This case comes before the Court on the following: 1. Motion Pursuant to Fed.R.Civ.P. 12(h)(3) to Dismiss Count I of Plaintiff's Complaint and to Dismiss any Alleged Hostile Workplace or Sexual Harassment Claim for Lack of Subject Matter Jurisdiction and Memorandum of Law in Support by Defendant Michael D. Griffin (Doc. No. 82, filed Oct. 14, 2009); and 2. Response in Opposition to Defendant's Motion to Dismiss for Lack of Subject Matter ... CHICK-FIL-A and CFA-NC Townridge Square, LLC, Plaintiffs, v. EXXONMOBIL CORPORATION, Defendant. , S.D.Fla., November 10, 2009 ORDER ON PLAINTIFF'S MOTION TO COMPEL BARRY S. SELTZER, United States Magistrate Judge. THIS CAUSE is before the Court on Plaintiff Chick-fil-A's Motion to Compel Discovery (DE 74) and the Court having heard argument of counsel and being otherwise sufficiently advised, it is hereby ORDERED that the Motion is GRANTED in part and DENIED in part for the reasons set forth below. BACKGROUND Plaintiffs, Chick-fil-A and CFA-NC Townridge Square, LLC (collectively, "Chick-filA"), bring this action ... Mary REESE et al., Plaintiffs, v. MIAMI-DADE COUNTY, et al., Defendants. , S.D.Fla., November 10, 2009 ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT & DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT DANIEL T.K. HURLEY, District Judge. The case is before the court on the parties' amended cross-motions for summary judgment [DE 336, 337, 347 and 349]. A hearing upon this matter was conducted on October 7, 2009. For reasons set forth below, the court has determined to grant the defendants' motions and enter final summary judgment. I. Procedural Background Scott Homes and Carver Homes (... Philip Andrew WILSON, Plaintiff, v. ARIZONA CLASSIC AUTO d/b/a JD Byrider and et al., Defendants. , S.D.Fla., November 10, 2009 OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Defendant Arizona Classic Auto d/b/a JD Byrider's ("Defendant") Motion to Dismiss Complaint for Insufficient Service of Process or, in the Alternative, to Dismiss the Complaint with Prejudice (DE 17); Plaintiff Philip Andrew Wilson's ("Plaintiff") Motion for Hearing and to Expedite Proceedings (DE 20); Plaintiff's Motion for Judgment on the Pleadings (DE 33) and Plaintiff's Motion for Hearing on Plaintiff'... UNITED STATES of America v. Manuel CARRILLO, Jr. , M.D.Fla., November 10, 2009 OPINION AND ORDER JOHN E. STEELE, District Judge. This matter comes before the Court on defendant's Motion for Downward Departure Pursuant to 18 U.S.C.A. § 3553(a) (Doc. # 279) filed on October 19, 2009. Also before the Court is the United States' Motion to Dismiss Defendant's Pro Se Motion for Downward Departure Pursuant to 18 U.S.C.A. § 3553(a) for Lack of Jurisdiction (Doc. # 280), filed on November 4, 2009. Defendant seeks a reduction of sentence because his status as a deportable alien h... Franklin CARSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Fla., November 10, 2009 ORDER THOMAS E. MORRIS, United States Magistrate Judge. This case is before the Court on Plaintiff's affidavit of indigency (Doc. # 2), which contains Plaintiff's application for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1). Thus, the Court will construe the application stated in the affidavit of indigency as a motion for its consideration. The Court may allow a plaintiff to proceed without the prepayment of fees or costs where the plaintiff has demonstrated throu... Angel HERNANDEZ, Plaintiff, v. MOHAWK INDUSTRIES, INC., Defendant. , M.D.Fla., November 10, 2009 ORDER JOHN ANTOON II, District Judge. This cause is before the Court on Defendant's Motion to Strike Affidavits (Doc. 37) and Plaintiff's Response (Doc. 38) thereto. Defendant asks the Court to strike two of the affidavits that Plaintiff submitted in opposition to Defendant's motion for summary judgment, and Defendant also asks that portions of two other affidavits be stricken. Defendant argues that two of the affiants at issue--Richard Cella and Jose Perez--were not timely disclosed as wi... Darryl Trumane BOGAN, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Fla., November 10, 2009 ORDER WILLIAM J. ZLOCH, District Judge. THIS MATTER is before the Court upon the Report And Recommendation (DE 7) filed herein by United States Magistrate Judge Robin S. Rosenbaum. The Court has conducted a de novo review of the entire record herein and is otherwise fully advised in the premises. Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. The Report And Recommendation (DE 7) filed herein by United States Magistrate Judge Robin S. Rosenbaum be and ... UNITED STATES of America, v. Julio Segundo Pereira PLATA. , S.D.Fla., November 10, 2009 ORDER AFFIRMING REPORT & RECOMMENDATION PATRICIA A. SEITZ, District Judge. This matter is before the Court on the Report and Recommendation (R & R) of the Honorable Peter R. Palermo recommending that the CJA Voucher of Rene Palomino, Esq. for fees and expenses be paid in the full amount of $11,898.60. The Court has reviewed Judge Palermo's R & R and no objections have been filed. Therefore, based on a de novo review of the evidence presented, it is hereby ORDERED that the above-mentioned R... RIDE-AWAY HANDICAP EQUIPMENT CORPORATION, Plaintiff, v. Jennifer F. TRACEY, et al., Defendants. , M.D.Fla., November 10, 2009 ORDER STEVEN D. MERRYDAY, District Judge. The plaintiff sues (Doc. 1) Jennifer F. Tracey, John Gentilella, and Mobility Freedom, Inc., ("Mobility Freedom") for breach of contract, tortious interference, and defamation. The plaintiff employed Tracey and Gentilella as sales agents for the Tampa area. As a condition of employment by the plaintiff, Tracey and Gentilella each signed a "Non-Competition Agreement" in which Tracey and Gentilella agree that "all office records, information, discussion... UNITED STATES of America, Plaintiff, v. Willie Bud REED, Jr, Defendant. , N.D.Fla., November 10, 2009 Willie Bud Reed, Jr, Fci Miami, Miami, FL, for Defendant. ORDER MAURICE M. PAUL, Senior District Judge. This matter is before the Court on Doc. 1303, Motion for Reconsideration regarding the Order on Motion to Reduce Sentence, Doc. 1247, and the Order on Motion for Reconsideration by Willie Bud Reed, Jr., Doc. 1252. Defendant argues that he is entitled to a reduced sentence based on Amendments 706 and 711 to the United States Sentencing Guidelines ("Guidelines"). The Court determined that D... Ruben CUEVAS v. UNITED STATES of America. , M.D.Fla., November 10, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Petitioner's Motion to Set Aside or Correct Sentence. (CV Doc. No. 1; CR Doc. No. 658). Because a review of the motion and the file in the case conclusively show that Petitioner is not entitled to relief, the Court will not cause notice thereof to be served upon the United States Attorney but shall proceed to address the matter. 28 U.S.C. § 2255(b). I. Background On September 4, 2002, a second superseding indictme... Ruben GONZALEZ, et al., Plaintiffs, v. AKAL SECURITY, INC., Defendant. , M.D.Fla., November 10, 2009 ORDER STEVEN D. MERRYDAY, District Judge. Ruben Gonzalez and William Ryan sue Akal Security, Inc., ("Akal") for discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., ("Title VII") and the Florida Civil Rights Act of 1992, § 760.01 et seq., Florida Statutes ("FCRA"). Gonzalez also sues Akal for retaliation and denial of benefits in violation of the Family Medical Leave Act, 29 U.S.C. § 2601 et seq., ("FMLA"). Akal moves (Docs. 44 a... Edward GOLDIN, Plaintiff, v. MURPHY'S LAW HOLLYWOOD d/b/a Murphy's Law Irish Pub and Murphy's Law Bar & Grill, Defendant. , S.D.Fla., November 10, 2009 Isaac M. Jaroslawicz, Jaroslawicz Law Offices, Bay Harbor Islands, FL, for Plaintiff. Albert Blackwell Stieglitz, Mintzer Sarowitz Zeris Ledva & Meyers, LLP, Miami, FL, for Defendant. ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT JAMES I. COHN, District Judge. THIS CAUSE is before the Court on Defendant's Motion for Summary Judgment [DE 39] and Plaintiff's Motion for Partial Summary Judgment [DE 40]. The Court h... Stephen CHISHOLM, Plaintiff, v. UNITED STATES, Defendants. , S.D.Fla., November 10, 2009 Stephen Chisholm, Coleman, FL, pro se. ORDER DONALD L. GRAHAM, District Judge. THIS CAUSE came before the Court upon Plaintiff's Motion to Reopen Case [D.E. 67] and Motion to Proceed in Forma Pauperis [D.E. 68]. THE MATTER was assigned to the Honorable United States Magistrate Judge Patrick A. White [D.E. 69]. The Magistrate Judge issued a Report [D.E. 71] finding that the Motion to Reopen is duplicative of a motion to vacate that this Court previously denied. In that motion, Plaintiff ... Guillermo JIMENEZ, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Fla., November 10, 2009 Guillermo Jimenez, McRae, GA, pro se. Jeffrey S. Downing, U.S. Attorney's Office, Tampa, FL, for Respondent. ORDER JAMES S. MOODY, JR., District Judge. Before the Court is Petitioner's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 challenging his 2005 convictions for conspiracy to possess with intent to distribute 5 or more kilograms of cocaine while aboard a vessel subject to the jurisdiction of the United States, and possession with the intent to distrib... JOHNSON & JOHNSON VISION CARE, INC., Plaintiff and Counterclaim Defendant, v. CIBA VISION CORPORATION, Defendant Counterclaim Plaintiff. , M.D.Fla., November 9, 2009 RULE 54(b) JUDGMENT TIMOTHY J. CORRIGAN, District Judge. This case is before the Court on Plaintiff/Counterclaim defendant Johnson & Johnson Vision Care, Inc.'s ("J & J") request that the Court enter a final judgment, pursuant to Rule 54(b), Federal Rules of Civil Procedure, as to its claims for declaratory judgment of noninfringement, invalidity and unenforceability, based upon the Court's findings and conclusion that J & J's product, the ACUVUEOASYS ("Acuvue Oasys" or "Oasys") infringes upo... SEMBLER FAMILY PARTNERSHIP # 41, LTD., Plaintiff, v. BRINKER FLORIDA, INC., et al., Defendants. , M.D.Fla., November 9, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court for consideration of a Motion for Attorneys' Fees and Costs filed by Defendants Brinker Florida Inc. and Brinker International, Inc. (collectively, "Brinker"). (Doc. No. 63). Plaintiff Sembler Family Partnership # 14, LTD filed a response to the motion (Doc. No. 66), and Brinker filed a reply. (Doc. No. 70). I. Background Sembler brought this suit to recover damages and declaratory relief from Brinker for Brinker's a... John P. LEE, Plaintiff, v. SECURITY CHECK, LLC, et al., Defendants. , M.D.Fla., November 9, 2009 Charles L. Stambaugh, Stambaugh & Associates, P.A., Jacksonville, FL, for Plaintiff. Craig S. Hudson, Michelle T. Bell, Marshall, Dennehey, Warner, Coleman & Goggin, Ft. Lauderdale, FL, James P. Wilson, Jr., Mitchell, Mcnutt & Samms, Columbus, MS, for Security Check, LLC. Mark O. Cooper, O'Neill, Liebman & Cooper, PA, Orlando, FL, for Experian Information Solutions, Inc. F. Damon Kitchen, Constangy, Brooks & Smith, LLC, Jacksonville, FL, for Pizza Hut of America, Inc. ORDER HOWELL W. ... Shawn HANSEN on his own behalf and all similarly situated individuals, Plaintiff, v. ABC LIQUORS, INC., a Florida profit corporation, d/b/a ABC Fine Wine & Spirits, Defendant. , M.D.Fla., November 9, 2009 Andrew Ross Frisch, Morgan & Morgan, PA, Ft. Lauderdale, FL, for Plaintiff. John M. Finnigan, Finnigan Law Firm, PA, Maitland, FL, for Defendant. ORDER MONTE C. RICHARDSON, United States Magistrate Judge. THIS CAUSE is before the Court on Plaintiff's Motion to Strike Defendant's Affirmative Defenses to Plaintiff's Complaint (Doc. 10) filed October 23, 2009. I. BACKGROUND On September 23, 2009, Plaintiff, Shawn Hansen, filed a Complaint on behalf of himself and those similarly situated... Alan HOROWITCH, Plaintiff, v. DIAMOND AIRCRAFT INDUSTRIES, INC., Defendant. , M.D.Fla., November 9, 2009 Christopher Charles Cathcart, Marc P. Ossinsky, Ossinsky & Cathcart, PA, Winter Park, FL, Jennifer B. Dempsey, William V. Custer, Bryan Cave Powell Goldstein, Atlanta, GA, for Plaintiff. Ceci Culpepper Berman, Hala A. Sandridge, Fowler White Boggs, P.A., L. Robert Bourgeois, Banker Lopez Gassler, PA, Tampa, FL, David C. Schwartz, Banker Lopez Gassler, PA, Orlando, FL, for Defendant. ORDER PATRICIA C. FAWSETT, District Judge. This case comes before the Court on the following: 1. Moti... John H. PASCHAL, Petitioner, v. SECRETARY DEPARTMENT OF CORRECTIONS, Respondent. , M.D.Fla., November 9, 2009 John H. Paschal, Wewahitchka, FL, pro se. Patricia Ann McCarthy, Office of the Attorney General, Tampa, FL, for Respondent. ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause is before the Court on John H. Paschal's 28 U.S.C. § 2254 petition for writ of habeas corpus. Paschal challenges his conviction and sentence entered by the Circuit Court for the Sixth Judicial Circuit, Pinellas County, Florida. An independent review of the record demonstrates that the petition must be... Lon COHEN, Plaintiff, v. GOODYEAR TIRE & RUBBER COMPANY, Defendant. , M.D.Fla., November 9, 2009 Andrew Ross Frisch, Morgan & Morgan, PA, Ft. Lauderdale, FL, for Plaintiff. Anthony J. Hall, Littler Mendelson, PC, Jeffrey Scott Hammer, Wright, Fulford, Moorhead & Brown, PA, Orlando, FL, for Defendant. ORDER GREGORY A. PRESNELL, District Judge. This matter came before the Court without oral argument upon consideration of the parties' Third Joint Motion to Approve Settlement (the "Motion") (Doc. 31), U.S. Magistrate Judge David Baker's Report and Recommendation regarding same (Doc. 35)... Derrick Dante CLARK, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Fla., November 9, 2009 Derrick Dante Clark, Beaver, WV, for Petitioner. Vincent A. Citro, U.S. Attorney's Office, Orlando, FL, for Respondent. ORDER PATRICIA C. FAWSETT, District Judge. This case comes before the Court on the following: 1. Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 by Petitioner Derrick Dante Clark (Doc. No. 5, filed Apr. 9, 2009); 2. Memorandum of Points and Authorities in Support of Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S... Cynthia R. JARVIS, Plaintiff, v. Michael D. GRIFFIN, Defendant. , M.D.Fla., November 9, 2009 ORDER PATRICIA C. FAWSETT, District Judge. This case comes before the court on the following: 1. Motion in Limine and Request for Instruction to Jury at Time Evidence of Jarvis' Prior Discrimination Complaints is Introduced by Defendant Michael D. Griffin (Doc. No. 83, filed Oct. 14, 2009); and 2. Response in Opposition to Defendant's Motion in Limine by Plaintiff Cynthia R. Jarvis (Doc. No. 99, filed Oct. 28, 2009). Background Plaintiff Cynthia R. Jarvis brings this action agai... UNITED STATES of America v. Juvencio Salinas CRUZ. , M.D.Fla., November 9, 2009 ORDER STEVEN D. MERRYDAY, District Judge. Cruz's motion to vacate pursuant to 28 U.S.C. § 2255 (Doc. 1) challenges the validity of his convictions for both conspiring to possess and possessing with the intent to distribute five kilograms or more of cocaine while on board a vessel subject to the jurisdiction of the United States. Cruz pleaded guilty without a plea agreement and he was sentenced to 135 months. The circuit court affirmed (Doc. 220) both the conviction and the sentence. Rule 4... Kenneth PRINCE, Plaintiff, v. VERIZON FLORIDA, LLC, and International Brotherhood of Electrical Workers, Local Union 824, Defendants. , M.D.Fla., November 9, 2009 ORDER STEVEN D. MERRYDAY, District Judge. The plaintiff sues (Doc. 2) for damages and injunctive and declaratory relief pursuant to the Florida Civil Rights Act of 1992, Sections 760.01-.10, Florida Statutes, the Florida Private Whistleblower's Act, Sections 448.101-.105, Florida Statutes, Title VII of the Civil Rights Act, 42 U.S.C. § 2000e. Additionally, the plaintiff alleges civil conspiracy and breach of contract. The defendant, International Brotherhood of Electrical Workers, Local Union... Tyrone McAFFEE, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. , M.D.Fla., November 9, 2009 Tyrone McAffee, pro se. ORDER JAMES S. MOODY, JR., District Judge. This matter comes before the Court for consideration of Petitioner's Request for Certificate of Appealability (Dkt.13) (hereinafter "COA") filed pursuant to Rule 22, Fed. R.App. P., [FN1] and 28 U.S.C. § 2253. [FN2] The Court construes the COA as a notice of appeal of the September 23, 2009 decision denying Petitioner's petition for relief under 28 U.S.C. § 2254. Petitioner also filed a motion for leave to proceed on appeal... Joseph CARROLL, Plaintiff, v. PRO TECH PAINT AND BODY, INC., and Johnny Williams, Defendants. , M.D.Fla., November 9, 2009 ORDER GREGORY A. PRESNELL, District Judge. This matter comes before the Court on the Motion for Summary Judgment (Doc. 8) filed by the Defendants, Pro Tech Paint and Body, Inc. ("Pro Tech") and Johnny Williams ("Williams"). Pursuant to the Milburn Order (Doc. 13) filed in this case, the response of the Plaintiff, Joseph Carroll ("Carroll") was due on or before November 2, 2009. To date, no such response has been filed. This is a Fair Labor Standards Act, failure-to-pay-overtime case. Carr... Travis RAINEY, Plaintiff, v. Darren RUSH, et. al., Defendants. , S.D.Fla., November 9, 2009 Travis Rainey, Belle Glade, FL, pro se. ORDER SUSTAINING OBJECTION AND REFERRING EQUITABLE TOLLING ISSUE JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon the Report of Magistrate Judge Patrick A. White [DE 7]. The Court has reviewed the Plaintiff's Complaint [DE 1], the Magistrate Judge's Report, Plaintiff's Objection to Report and Recommendation of the Magistrate [DE 11], and is otherwise fully advised in the premises. I. BACKGROUND On July 20, 2009, Plaintiff Travis... Constantine "Dean" PATERAKIS and Cindy Paterakis, Plaintiff, v. SCHOOL DISTRICT OF BREVARD COUNTY, FLORIDA, et al., Defendants. , M.D.Fla., November 9, 2009 ORDER PATRICIA C. FAWSETT, District Judge. This case comes before the Court on the Motion to Dismiss Plaintiffs' Case by Defendants. (Doc. No. 49, filed Oct. 19, 2009). Plaintiffs have filed no response in opposition. Background This case arises out of the alleged termination of a teacher, Plaintiff Constantine "Dean" Paterakis, for complaining that the school principal, Karen Kise, adjusted the grades that Paterakis gave to his students. Defendants filed a Motion to Dismiss the original Co... Mohan THAMPI, Plaintiff, v. MANATEE COUNTY BOARD OF COMMISSIONERS, Defendant. , M.D.Fla., November 9, 2009 ORDER THOMAS G. WILSON, United States Magistrate Judge. The plaintiff alleges that his termination from his employment with Manatee County was in retaliation for exercising rights under the First Amendment and Title VII. The defendant has filed a motion for summary judgment as to the plaintiff's First Amendment and Title VII retaliation claims in counts II and III of his third amended complaint (Doc. 59). The plaintiff also filed a motion for partial summary judgment as to counts II and III (... Sherman Lynell THOMAS, Plaintiff, v. PROGRESS ENERGY FLORIDA, INC., Defendant. , N.D.Fla., November 9, 2009 ORDER DISMISSING THIS CASE AND REQUIRING THE CLERK TO OPEN A SEPARATE CASE ROBERT L. HINKLE, District Judge. This Title VII case--case no. 4:08cv574--is before the court on the report and recommendation (document 32) and the objections (document 33). I have reviewed de novo the issues raised by the objections. The recommendation is for dismissal of the fourth amended complaint in this case. The basis is that the plaintiff filed this case more than 90 days after he received the Equal Employ... Teresa LEWIS and Clive Lewis, Plaintiffs, v. JPI CORPORATION, Defendant. , S.D.Fla., November 9, 2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW EDWIN G. TORRES, United States Magistrate Judge. This matter came before the Court for a non-jury trial on December 1-2, 2008. Plaintiffs Teresa Lewis and Clive Lewis brought this admiralty action seeking a salvage award against the Defendant vessel, M/Y Verona De Carida ("the Vessel"), and her owner, JPI Corporation ("JPI") for services rendered on August 8-9, 2005. During and after the trial, the undersigned reviewed the evidence admitted, and conside... Samuel Charles MOHORNE, Appellant, v. BEAL BANK, S.S.B., Appellee. , S.D.Fla., November 9, 2009 ORDER CECILIA M. ALTONAGA, District Judge. Appellant, Samuel Charles Mohorne ("Mohorne"), appeals several Orders of the bankruptcy court in the case styled In re Samuel Charles Mohorne, Case No. 02-27505-BKC-JKO: (1) Order Denying Debtor's Emergency Motion to Reopen Case; (2) Order Denying Debtor's Emergency Motion for Reconsideration and Recusal; (3) Order Denying Debtor's Motion to Strike Appearance of Liebler, Gonzalez & Portuondo, P.A.; and (4) Order Denying Debtor's Motion to Reconsider ... Clyde LOCHIN, Jr., Plaintiff, v. VERIZON FLORIDA, LLC, and International Brotherhood of Electrical Workers, Local Union 824, Defendants. , M.D.Fla., November 9, 2009 ORDER STEVEN D. MERRYDAY, District Judge. The plaintiff sues (Doc. 2) for damages and injunctive and declaratory relief pursuant to the Florida Civil Rights Act of 1992, Sections 760.01-.10, Florida Statutes, the Florida Private Whistleblower's Act, Sections 448.101-.105, Florida Statutes, Title VII of the Civil Rights Act, 42 U.S.C. § 2000e. Additionally, the plaintiff alleges civil conspiracy and breach of contract. The defendants move to dismiss (Docs. 13 & 17) counts ten through thirteen.... Jeffrey McLAUGHLIN, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. , M.D.Fla., November 9, 2009 ORDER JAMES S. MOODY, JR., District Judge. This matter comes before the Court for consideration of Petitioner's Notice of Appeal (Dkt.51) of the September 16, 2009 decision denying Petitioner's motion to vacate under 28 U.S.C. § 2255. The Court construes the Notice of Appeal as a motion for issuance of a certificate of appealability ("COA") pursuant to Rule 22, Fed. R.App. P., [FN1] and 28 U.S.C. § 2253 [FN2] (Dkt.59). Petitioner did not pay the appellate filing fee and costs or seek leave to... Willie KNIGHT, III, Plaintiff, v. J. WHEELER, Defendant. , N.D.Fla., November 6, 2009 Willie Knight, III, Milton, FL, pro se. Mark Jerry Hiers, Attorney General, Tallahassee, FL, for Defendant. ORDER ROGER VINSON, Senior District Judge. This cause comes on for consideration upon the magistrate judge's report and recommendation dated October 5, 2009. The plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determinat... Glenson HACKSHAW, Plaintiff, v. STANDARD CONCRETE PRODUCTS, INC., et al., Defendants. , M.D.Fla., November 6, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Defendants Shawn Regan, Armando Alvarado, Juan Hernandez, and Eduardo Moyano's [FN1] Motion to Dismiss Plaintiff's Third Amended Complaint (Dkt.50) and Plaintiff Glenson Hackshaw's Response to the motion (Dkt.53). The Court, having considered the motion and response, and being otherwise advised on the premises, finds that the motion should be denied. FN1. Defendants Armando Alvarado, Juan Hernandez, and... PNC BANK, NATIONAL ASSOCIATION, Plaintiff, v. BRANCH BANKING AND TRUST COMPANY, Defendant. , M.D.Fla., November 6, 2009 ORDER JAMES D. WHITTEMORE, District Judge. BEFORE THE COURT is Plaintiff's Motion for Partial Summary Judgment (Dkt.37), to which Defendant has responded in opposition (Dkt.45). Upon consideration, Plaintiff's Motion for Partial Summary Judgment (Dkt.37) is DENIED. Background This lawsuit arises out of a loan participation agreement (the "Participation Agreement" [FN1]) between Colonial Bank, N.A. ("Colonial"), the predecessor-in-interest of Defendant Branch Banking and Trust Company ("BB... MOUNT VERNON FIRE INSURANCE COMPANY, Plaintiff, v. JIM-N-I INVESTMENTS, INC. d/b/a Tootsie's and/or Sugar Shack, 5636 E Hillsborough Avenue Inc., Tia Fina's, Inc. d/b/a Sugar Shack, Adama Rich, as personal representative of Glen Rich, deceased, Don, M.D.Fla., November 6, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on the Motion to Dismiss the Counterclaim filed by Counter-Defendant Mount Vernon Fire Insurance Company ("Mt.Vernon"). (Doc. 57.) Mt. Vernon also moves in the alternative for a more definite statement. Id. Counter-Plaintiff Jim-N-I Investments Inc. ("Jim-N-I Investments") filed an untimely response under Local Rule 3.01(b) opposing this motion. (Doc. 62). In addition, Adrian Fernandez Insurance Inc. filed a motion t... In re WINN-DIXIE STORES, INC., et al., Debtors. , M.D.Fla., November 6, 2009 Stephen D. Busey, for Winn Dixie. Guy Bennett Rubin, for Visagent. ORDER DIRECTING VISAGENT CORPORATION TO PRESENT ITS CASE FIRST AT TRIAL JERRY A. FUNK, Bankruptcy Judge. On February 21, 2005 Winn Dixie, Stores, Inc., on behalf of twenty-three of its subsidiaries and affiliates (collectively, "Winn Dixie"), filed voluntary petitions for relief under Chapter 11 of the Bankruptcy Code. Visagent Corporation ("Visagent") filed a claim, which was designated as Claim No. 9953, in July 2005. V... Olga Ramirez DE STERLING, Plaintiff, v. BANK OF AMERICA, N.A., et al., Defendants. , S.D.Fla., November 6, 2009 ORDER DENYING DEFENDANT'S MOTION TO DISMISS MARCIA G. COOKE, District Judge. This matter is before me on the Defendant Bank of America N.A.'s ("BOA") Motion to Dismiss [D.E. 14], the Plaintiff's Response in Opposition [D.E. 17] and the Defendant's Reply thereto [D.E. 19]. The Motion to Dismiss is denied. I. BACKGROUND Olga Ramirez De Sterling (the "Plaintiff") began banking with Barnett Bank in the 1990's and then became a customer of BOA when it took over the operations of Barnett Bank. (... Robert DAVIS, Jr., Petitioner, v. Walter A. McNEIL, [FN1] Respondent. FN1. Walter A. McNeil succeeded James McDonough as Secretary for the Department of Corrections, and is automatically substituted as Respondent. SeeFed.R.Civ.P. 25(d)(1). , N.D.Fla., November 6, 2009 ORDER, REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY, United States Magistrate Judge. This cause is before the court on Petitioner's petition for writ of habeas corpus, filed under 28 U.S.C. § 2254, and memorandum in support thereof (Docs.1, 2). Respondent filed an answer to the petition with relevant portions of the state court record, and Petitioner filed a reply (Docs.11, 14). The matter is referred to the undersigned magistrate judge for Report and Recommendation pursuant to 28 U.S.C.... Mark C. JACKSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security (the Commissioner), and the State of Florida, Defendants. , M.D.Fla., November 6, 2009 ORDER [FN1] FN1. This is a "written opinion" under § 205(a)(5) of the E- Government Act and therefore is available electronically. However, it has been entered only to decide the issues addressed herein and is not intended for official publication or to serve as precedent. MARCIA MORALES HOWARD, District Judge. THIS CAUSE is before the Court on three Reports and Recommendations submitted by the Honorable Thomas E. Morris, United States Magistrate Judge. The first Report and Recommendation... Mark A. LOYA, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Respondent. , M.D.Fla., November 6, 2009 ORDER STEVEN D. MERRYDAY, District Judge. Mark Loya petitions for the writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) and challenges the validity of his state conviction for trafficking in methamphetamine. Numerous exhibits ("Respondent's Exhibit ___") support the response. A two count information (Respondent's Exhibit 21, Vol. I, pp. 1-4) charged Loya and a codefendant with conspiracy to traffic in methamphetamine and trafficking in methamphetamine. A jury found Loya guilty of... Terry WOODARD, pro se, Plaintiff, v. Chandra W. DASRAT, et al., Defendants. , M.D.Fla., November 6, 2009 ORDER JAMES S. MOODY, JR., District Judge. This matter comes before the Court on Plaintiff's Motion for Reconsideration, and/or Motion to Alter or Amend Judgement (hereinafter "motion" or "motion for reconsideration") (Dkt.12). Although Plaintiff's motion for reconsideration was not received by the Court for filing until September 10, 2009, the Court accepts the motion as filed on September 4, 2009, as evidenced by the stamp on the face of the document acknowledging that it was delivered into... Fabio OCHOA, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Fla., November 6, 2009 Eric M. Freedman, New York, NY, Michelle Rodriguez Walsh, Paul Domenic Petruzzi, Miami, FL, Todd Gerald Scher, Miami Beach, FL, for Petitioner. Ricardo A. Del Toro, George M. Karavetsos, United States Attorney's Office, Miami, FL, for Respondent. ORDER BARRY L. GARBER, United States Magistrate Judge. THE COURT has received petitioner's Motion for Reconsideration [DE 105] directed to this Court's Order entered on October 2, 2009 [DE 102], striking petitioner's Supplement to Claims I and I... Auguste C. CORONA, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. , M.D.Fla., November 6, 2009 Auguste C. Corona, Raiford, FL, pro se. Anthony J. Golden, Office of the Attorney General, Dept. of Legal Affairs, Daytona Beach, FL, for Respondents. ORDER GREGORY A. PRESNELL, District Judge. Petitioner initiated this action for habeas corpus relief pursuant to 28 U.S.C. section 2254 (Doc. No. 1). Upon consideration of the petition, the Court ordered Respondents to show cause why the relief sought in the petition should not be granted. Thereafter, Respondents filed a response to the p... In re SEROQUEL PRODUCTS LIABILITY LITIGATION. , M.D.Fla., November 6, 2009 ORDER DAVID A. BAKER, United States Magistrate Judge. This cause came on for consideration without oral argument on the following motions filed herein: Plaintiffs seek to compel de-designation of documents AstraZeneca has withheld from production based on privilege assertions first asserted in the July 2008 privilege log (most recently revised in February 2009). Doc. No. 1414. Plaintiffs allege that the documents are being improperly designated as privileged "most likely in violation of... XL INSURANCE AMERICA, INC., a foreign corporation, Plaintiff, v. Mark ORTIZ, Schratter Foods, Inc., d/b/a Corman Ship Supplies, a foreign corporation, and Floyd More, a Florida resident, Defendants. , S.D.Fla., November 6, 2009 Julie Karen Linhart, Phelps Dunbar, LLP, Tampa, FL, for Plaintiff. Christopher J. Lynch, Hunter Williams & Lynch, Coral Gables, FL, Derek Eduardo Leon, Joshua C. Prever, Morgan Lewis & Bockius, Miami, FL, for Defendants. ORDER GRANTING SUMMARY JUDGMENT PAUL C. HUCK, District Judge. This matter came before the Court on XL Insurance America, Inc.'s (the "Insurer") Motion for Summary Judgment (D.E.# 41) and Mark Ortiz's Motion for Summary Judgment (D.E.# 40). The Court has reviewed the mot... John W. MANN, pro se, Petitioner, v. Secretary Walter A. McNEIL, Florida Department of Corrections, Respondent. , S.D.Fla., November 6, 2009 John W. Mann, Belle Glade, FL, pro se. ORDER ADOPTING MAGISTRATES REPORT AND RECOMMENDATION MARCIA G. COOKE, District Judge. THIS MATTER was referred to the Honorable Patrick A. White, United States Magistrate Judge, for a Report and Recommendation on the Petition for Writ of Habeas Corpus [D.E. 1]. On October 15, 2009, Judge White issued a Report [D.E. 4], recommending that the Petition be denied. Petitioner filed his objections to Judge White's Report on October 26, 2009. Petitioner also ... Glenn FOJTASEK, Plaintiff, v. NCL (BAHAMAS) LTD., Defendant. , S.D.Fla., November 6, 2009 John Heyward Hickey, Hickey Law Firm PA, Philip Dixon Parrish, Philip D. Parrish PA, Miami, FL, for Plaintiff. Darren Wayne Friedman, Jeffrey Eric Foreman, Karina M. Cerda, Maltzman Foreman PA, Miami, FL, for Defendant. ORDER GRANTING, IN PART, PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO PRODUCE DOCUMENTS ANDREA M. SIMONTON, United States Magistrate Judge. Presently pending before the Court is Plaintiff's Motion to Compel Defendant to Produce Documents (DE # 58). The Defendant has filed an... HEMISPHERX BIOPHARMA, INC., Plaintiff, v. MID-SOUTH CAPITAL, INC., Adam Cabibi, and Robert L. Rosenstein, Defendants. , S.D.Fla., November 5, 2009 Judson Howard Orrick, Equels Law Firm, Tallahassee, FL, Thomas Kenwood Equels , Equels Law Firm, Miami, FL, Paul Courtney Huck, Jr., Office Of The Attorney General, Fort Lauderdale, FL, Roberto Martinez, Colson Hicks Eidson, Coral Gables, FL, for Plaintiff. Kelly L. Kesner, J. Steven Parker, Page Perry LLC, Atlanta, GA, for Defendants. ORDER GRANTING IN PART DEFENDANTS' MOTIONS TO DISMISS K. MICHAEL MOORE, District Judge. THIS CAUSE came before the Court upon Defendants' Motions to Dis... Moises E. BURE, Plaintiff, v. STATE ATTORNEY GENERAL, et al., Defendants. , S.D.Fla., November 5, 2009 Moises E. Bure, Miami, FL, pro se. ORDER ADOPTING REPORT OF MAGISTRATE JUDGE (D.E.5), DENYING PLAINTIFF'S MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (D.E.2), AND DISMISSING CASE WITHOUT PREJUDICE JOAN A. LENARD, District Judge. THIS CAUSE is before the Court on the Report and Recommendation of the Magistrate Judge ("Report," D.E. 5), issued on October 14, 2009. On October 30, 2009, Plaintiff filed his Objections to the Magistrate Judge's Report ("Objections," D.E. 6). The Report recommen... Alena A. VALERIO, a minor by Christina M. VALERIO and Luis C. Valerio, III, and Christina M. Valerio and Luis C. Valerio, III, Individually, Plaintiffs, v. SMITHKLINE BEECHAM CORPORATION d/b/a Glaxosmithkline, a Pennsylvania corporation, Apotex Cor, S.D.Fla., November 5, 2009 ORDER OF DISMISSAL WITHOUT PREJUDICE JAMES I.COHN, District Judge. THIS CAUSE is before the Court upon Plaintiff's Motion for Dismissal Without Prejudice [DE 61], the Apotex Defendants' response [DE 62], Plaintiff's Reply [DE 64], Defendant SmithKline Beecham's response [DE 65], the Apotex Defendants' Motion for Leave to File Sur-reply [DE 68] and Request for Oral Argument [DE 69]. The Court has carefully considered the record and is otherwise fully advised in the premises. Plaintiffs file... Haley M. BOLIN, a minor by Jennifer J. BOLIN and Nathan Bolin, and Jennifer J. Bolin and Nathan Bolin. Individually, Plaintiffs, v. SMITHKLINE BEECHAM CORPORATION d/b/a Glaxosmithkline, a Pennsylvania corporation, Apotex Corp. and Apotex, Inc., Def, S.D.Fla., November 5, 2009 ORDER OF DISMISSAL WITHOUT PREJUDICE JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Plaintiff's Motion for Dismissal Without Prejudice [DE 57], the Apotex Defendants' response [DE 58], Plaintiff's Reply [DE 60], Defendant SmithKline Beecham's response [DE 61], the Apotex Defendants' Motion for Leave to File Sur-reply [DE 64] and Request for Oral Argument [DE 65]. The Court has carefully considered the record and is otherwise fully advised in the premises. Plaintiffs fil... Hamid M. GHARAGOZLOO, an individual, Plaintiff, v. AETNA LIFE INSURANCE CO., a Connecticut corporation; and University of Miami, a Florida corporation, Defendants. , S.D.Fla., November 5, 2009 ORDER CECILIA M. ALTONAGA, District Judge. THIS CAUSE came before the Court upon Defendant, Aetna Life Insurance Company's ("Aetna['s]") Motion for Summary Judgment [D.E. 44]; and Defendant, University of Miami's (the "University['s]") Motion for Summary Judgment [D.E. 46]. [FN1] The Court has carefully reviewed the parties' written submissions, the administrative record, and applicable law. FN1. The University did not file a substantive motion of its own; rather, it joined in Aetna's... Ernest HEFLIN, Plaintiff, v. MIAMI-DADE COUNTY, a Florida Political Subdivision; Eduardo Pares, Luis Correa, Jr., Roderick Silva, John Doe, Pamela Jackson, and Robert Parker, individually, Defendants. , S.D.Fla., November 5, 2009 Jeffrey Alan Norkin, Sunrise, FL, for Plaintiff. Bernard Pastor, Michael Brian Nadler, Miami-Dade County Attorney's Office, Miami, FL, for Defendants. ORDER GRANTING MOTIONS TO DISMISS JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon the Defendants' Motions to Dismiss (D.E.# 22, # 23), filed September 23, 2009. The Court has likewise reviewed the Plaintiff's Response to the Motions to Dismiss (D.E.# 24), filed October 13, 2009, and Defendants' Replies in Suppor... Thomas B. STRINGER, Plaintiff, v. Gato B. JACKSON, et al., Defendants. , S.D.Fla., November 5, 2009 Thomas B. Stringer, Miami, FL, pro se. ORDER ADOPTING REPORT OF MAGISTRATE JUDGE (D.E.5) AND DISMISSING COMPLAINT (D.E.1) JOAN A. LENARD, District Judge. THIS CAUSE is before the Court on the Report and Recommendation of the Magistrate Judge ("Report," D.E. 5), issued on October 23, 2009, recommending that Plaintiff's Complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), for failure to state a claim upon which relief can be granted. On November 2, 2009, Plaintiff filed his Obje... ALLSTATE INDEMNITY COMPANY, Plaintiff, v. Juan ROJAS and Roxanne Rojas, his wife, Andres Rojas, and Omar Garcia, Defendants. , M.D.Fla., November 5, 2009 ORDER ON DEFENDANTS' MOTION TO DISMISS ELIZABETH A. KOVACHEVICH, District Judge. This cause is before the Court pursuant to Defendants, Juan Rojas, and Roxanne Rojas, his wife, and Andres Rojas ("Rojas"), Motion to Dismiss for Lack of J u risd iction (Docket No. 14), filed September 2, 2009, and the Plaintiff's Motion in Response and Opposition to the Defendants' Motion to Dismiss for Lack of Jurisdiction (Docket No. 16), filed September 14, 2009. Plaintiff Allstate Indemnity Company ("Allsta... Marija STONE, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. , M.D.Fla., November 5, 2009 ORDER AND JUDGMENT JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Plaintiff's Motion for Equitable Relief (Dkt.123), Defendant's Response in opposition to same (Dkt.126), Defendant's related First Motion for Remittitur (Dkt.130), and Defendant's Motion for Directed Verdict pursuant to Fed.R.Civ.P. 50(a). The Court having reviewed the motions, responses, having considered the argument of counsel, and being otherwise advised in the premises, concludes that Plaintiff... Elizabeth BOOK, Plaintiff, v. CITY OF DAYTONA BEACH, FLORIDA, Defendant. , M.D.Fla., November 5, 2009 ORDER JOHN ANTOON II, District Judge. Plaintiff Elizabeth Book brought the instant action alleging that the Public Nudity Ordinance (hereinafter "Ordinance 02-496") of Defendant City of Daytona Beach, Florida ("the City") and sections 800.03 and 877.03, Florida Statutes, (collectively "the Statutes") violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. [FN1] The State of Florida ("the State"), which has intervened in the case, [FN2] has filed a Motion for ... Aaron BROOKINS, Petitioner, v. HILLSBOROUGH COUNTY JAIL, Confinement Review Committee, Classification Supervisor T. Herds, Respondents. , M.D.Fla., November 5, 2009 ORDER ELIZABETH A. KOVACHEVICH, District Judge. Before this Court is a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 filed by Aaron Brookins (Petitioner), a prisoner in the Hillsborough County Jail System. The Petitioner attacks the fact that he has been placed in Administrative Confinement numerous times since he was booked into the Orient Road Jail on February 8, 2008 as set forth in Exhibit "A," HCSO Charge Report. [FN1] In his Petition, the Petitioner does not attack hi... Clayton KEARNEY, Plaintiff, v. AUTO-OWNERS INSURANCE COMPANY, Defendant. , M.D.Fla., November 5, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on the parties' motions in limine and responses thereto. Accordingly, the Court will address each motion. I. Background The Court will not restate the extensive background of this case. Currently, Kearney's claim for bad faith handling of his umbrella policy claim remains before this Court, and this case is set for trial on November 9, 2009. Both parties have filed motions in limine, which the Court addresses below. ... In re LETTER OF REQUEST FROM the DISTRICT COURT STARA LUBOVNA, Slovak Republic. , M.D.Fla., November 5, 2009 ORDER MONTE C. RICHARDSON, United States Magistrate Judge. THIS CAUSE is before the Court on the United States of America's Application for an Order Compelling Assistance to a Foreign Tribunal Pursuant to 28 U.S.C. § 1782 (Doc. 4) filed October 5, 2009. I. Background On August 4, 2009, the United States of America (the "Government") filed an Application for Appointment of Commissioner (Doc. 1), pursuant to a Letter Rogatory [FN1] issued by the District Court of Stara Lubovna, Slovak Repub... SYMETRA LIFE INSURANCE COMPANY, a foreign corporation, f/k/a Safeco Life Insurance Company, Plaintiff, v. Adele J. FITZPATRICK and Sherri L. McKin, Defendants. , M.D.Fla., November 5, 2009 ORDER [FN1] FN1. Under the E-Government Act of 2002, this is a written opinion and therefore is available electronically. However, it has been entered only to decide the motion or matter addressed herein and is not intended for official publication or to serve as precedent. TIMOTHY J. CORRIGAN, District Judge. This case is before the Court sua sponte on the issue of whether the Court has subject matter jurisdiction under 28 U.S.C. § 1335. Plaintiff, Symetra Life Insurance Company ("Symetr... Carmen MEJIA and Raymundo Morataya, Plaintiffs, v. UNITED STATES of America, Community Health Centers, Inc., and Lawrence Decker, Defendants. , M.D.Fla., November 5, 2009 ORDER GREGORY A. PRESNELL, District Judge. This matter comes before the Court on the Motion to Dismiss Individually Named Defendants (Doc. 10) filed by Defendant United States of America ("USA"). The USA contends that Defendants Community Health Centers, Inc. ("Community Health") and Lawrence Decker ("Decker") are immune from suit under the Federal Tort Claims Act and the Federally Supported Health Centers Assistance Act. The Plaintiffs' response to the motion was due on or before October 26,... NORTHFIELD INSURANCE COMPANY, Plaintiff, v. NORTH AMERICAN CATASTROPHE SERVICES, INC., Defendant. , M.D.Fla., November 5, 2009 ORDER JOHN ANTOON II, District Judge. Plaintiff, Northfield Insurance Company ("Northfield"), filed the instant action in this Court on September 11, 2009, seeking declaratory relief with regard to its potential obligations to defend and indemnify its insured, North American Catastrophe Services, Inc. ("NACS") in certain lawsuits ("the underlying lawsuits") currently pending against NACS in the United States District Court, Eastern District of Louisiana. The case is currently before the Court... Jeffrey L. BUNCH, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. , M.D.Fla., November 5, 2009 Jeffrey L. Bunch, pro se. ORDER JAMES S. MOODY, JR., District Judge. This matter comes before the Court upon receipt of Petitioner's Notice of Appeal and Notice of Filing COA Within the Next Fourteen Days (Dkt.27), which the Court construes as both a notice of appeal and an application for issuance of a certificate of appealability ("COA") pursuant to Rule 22, Fed. R.App. P., [FN1] and 28 U.S.C. § 2253 [FN2] (Dkt.28). Petitioner also filed a motion to proceed on appeal in forma pauperis (Dk... Andrew GILLINS, Plaintiff, v. Stephen WATSON, et al., Defendants. , M.D.Fla., November 5, 2009 ORDER JAMES S. MOODY, JR., District Judge. Before the Court are Plaintiff's "Notice of Appeal Motion for Certificate of Appealability and Motion for In Forma Pauperis for Appeal" (Dkt.17), "Motion to Supplement/Amend Motion for Certificate of Appealability and Motion for In Forma Pauperis for Appeal Notice of Appeal for Order Rendered September 25, 2009" (Dkt.18), and Affidavit of Indigency in support of his motion to proceed on appeal in forma pauperis (Dkt.19). To the extent Plaintiff se... Jonathan Thomas SCHMIDT, Plaintiff, v. MONROE COUNTY SHERIFF'S DEPARTMENT, et al., Defendants. , S.D.Fla., November 5, 2009 Jonathan Thomas Schmidt, Key West, FL, pro se. FINAL ORDER OF DISMISSAL JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the court upon Judge Patrick A. White's Report and Recommendation (DE # 6) recommending dismissal, filed November 4, 2009. Judge White finds that Plaintiff raised the same claims in the previously dismissed action Case No. 08-10095-CIV-MARTINEZ and therefore recommends that the Complaint be barred by res judicata. Judge White notes that the two complaints a... Keon M. LYNCH, Petitioner, v. Walter A. McNEIL, et al., Respondents. , M.D.Fla., November 5, 2009 ORDER OF DISMISSAL WITH PREJUDICE HARVEY E. SCHLESINGER, District Judge. Petitioner Keon M. Lynch, an inmate of the Florida penal system proceeding pro se, initiated this action by filing a Petition for Writ of Habeas Corpus (Petition) (Doc. # 1) pursuant to 28 U.S.C. § 2254 on March 1, 2009, pursuant to the mailbox rule. [FN1] Petitioner challenges a 2003 state court (Duval County, Florida) judgment of conviction for two counts of attempted second degree murder and two counts of aggravated a... Robert SHEPARD, Plaintiff, v. TRINITY FOOD, et al., Defendants. , S.D.Fla., November 4, 2009 Robert M. Shepard, Key West, FL, pro se. FINAL ORDER OF DISMISSAL JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the court upon Judge Patrick A. White's Report and Recommendation (DE # 4) recommending dismissal, I filed November 2, 2009. In the R & R, Judge White finds that Plaintiff is a multiple filer, having filed at least three cases which were dismissed for failure to state a claim for relief. Pursuant to 28 U.S.C. § 1915, no prisoner may bring a civil action in forma ... Edward T. SAADI, Plaintiff, v. Pierre A. MAROUN, Defendant. , M.D.Fla., November 4, 2009 ORDER SUSAN C. BUCKLEW, District Judge. The Court now considers Defendant's post-trial motion (Doc. 237) seeking relief on four different grounds. In the same motion, Defendant Pierre A. Maroun asks the Court to dismiss the case for lack of subject matter jurisdiction, seeks a judgment as a matter of law, asks the Court to amend or alter the judgment, and seeks a new trial. Maroun's motion follows a three-day trial that ended October 1, 2009 with the jury finding that Maroun had defamed Ed... Andres Vargas RODILLA, et al., Plaintiffs, v. TFC-RB, LLC, Florida Jet Aviation Cleaning Services Inc., d/b/a TFC-RB and Michael Dawson, Defendants. , S.D.Fla., November 4, 2009 ORDER GRANTING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT, IN PART, AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ANDREA M. SIMONTON, United States Magistrate Judge. This cause is before the Court upon Plaintiffs' Motion for Partial Summary Judgment (DE # 64) and Defendants' Motion for Summary Judgment (DE # 74). Both Parties have filed Responses to the Opposing Parties' Motion (DE 71, 77) and each Party has filed a Reply in support of their own Motion (DE 80, 85). The Parties have... CORAL MANAGEMENT, INC., Plaintiff, v. ONE BEACON INSURANCE, et al., Defendants. , S.D.Fla., November 4, 2009 ORDER ON PLAINTIFF'S MOTIONS TO COMPEL ANDREA M. SIMONTON, United States Magistrate Judge. Presently pending before the Court are Plaintiff's Motion to Compel Discovery From Defendants and Deem Requests For Admissions Admitted (DE # 37) and Plaintiff's Motion To Compel Better Answers By Defendant To Requests For Production (DE # 48). These motions are referred to the undersigned Magistrate Judge (DE # 5). On November 3, 2009, the undersigned Magistrate Judge heard argument on the motions. All... Chad WILLIAMS, Plaintiff, v. Michael J ASTRUE, Defendant. , N.D.Fla., November 4, 2009 ORDER MAURICE M. PAUL, Senior District Judge. This matter is before the Court on Doc. 8, Report and Recommendation of the Magistrate Judge, recommending that the Court grant the Respondent's motion to remand this case to the Commissioner. The time for filing objections has passed, and none have been filed. The Court agrees that this matter should be remanded pursuant to sentence four of 42 U.S.C. § 405(g). Accordingly it is hereby ORDERED AND ADJUDGED: 1. The Defendant's motion to remand, ... The BANK OF NEW YORK MELLON TRUST COMPANY NA, Plaintiff, v. Frank C JOHNSON, Jr, Ruth B Johnson, Defendants. , N.D.Fla., November 4, 2009 ORDER MAURICE M. PAUL, Senior District Judge. This matter is before the Court on Doc. 37, Report and Recommendation of the Magistrate Judge, recommending that this case be remanded to State Court. The Defendants filed objections, Doc. 42, which the Court has reviewed. The Court agrees with the Magistrate Judge that the Defendants have not demonstrated that subject matter exists in this case to support removal. The foreclosure complaint does not raise any federal questions, and the Johnsons [... Alphonso ROUNDTREE, Plaintiff, v. COUNTRYWIDE HOME LOANS, INC., etc., Defendants. , M.D.Fla., November 4, 2009 Alphonso Roundtree, pro se. ORDER [FN1] FN1. Under the E-Government Act of 2002, this is a written opinion and therefore is available electronically. However, it has been entered only to decide the motion or matter addressed herein and is not intended for official publication or to serve as precedent. TIMOTHY J. CORRIGAN, District Judge. This case is before the Court on Plaintiff, Alphonso Roundtree's, Objection to Defendant's Request for Judicial Notice and Related Documents. (Doc. 24.... Debra L. AALBERG, Plaintiff, v. PLAN 4 COLLEGE, INC., et al., Defendants. , M.D.Fla., November 4, 2009 ORDER JAMES D. WHITTEMORE, District Judge. BEFORE THE COURT is the Report and Recommendation submitted by the Magistrate Judge recommending that Defendant's Motion to Transfer Venue or in the Alternative to Stay Proceedings (Dkt.8) be denied (Dkt.31). Neither party has filed objections to the Report and Recommendation. After careful consideration of the Report and Recommendation in conjunction with an independent examination of the file, the Court is of the opinion that the Report and Recomme... Millard CHAVERS, Movant, v. UNITED STATES of America, Respondent. , S.D.Fla., November 4, 2009 Millard Chavers, Arcadia, FL, pro se. hORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE, ENTERING FINAL JUDGMENT DISMISSING MOTION TO VACATE, AND CLOSING CASE DANIEL T.K. HURLEY, District Judge. THIS CAUSE is before the court upon a motion to vacate, filed pursuant to 28 U.S.C. § 2255, and the Report and Recommendations of the Honorable Patrick A. White, United States Magistrate Judge. Pursuant to Fed.R.Civ.P. 72(b), "[T]he district judge ... shall make a de novo determinatio... Lazaro CASTILLO-RANGEL, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Fla., November 4, 2009 Lazaro Castillo-Rangel, Miami, FL, pro se. ORDER ADOPTING REPORT AND RECOMMENDATIONS OF MAGISTRATE JUDGE WHITE[DE 8];DENYING PETITIONER'S OBJECTION[DE 9];CLOSING CASE ALAN S. GOLD, District Judge. THIS CAUSE is before the Court upon Magistrate Judge White's Report and Recommendation [DE 8], entered October 14, 2009 (hereinafter, the "Report"). The Report recommends denial of Petitioner's Motion to vacate his sentence [DE 1]. Petitioner filed objections on October 21, 2009 [DE 9]. For the re... Charles C. STROMAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Fla., November 4, 2009 Elizabeth R. Read, Miami, FL, for Plaintiff. June C. Acton, United States Attorney's Office, Miami, FL, for Defendant. ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, and REMANDING TO THE COMMISSIONER JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon cross motions for Summary Judgment (DE # 20 & 21). The matter was referred to Magistrate Judge Robert L. Dube, who issued a Report and Recommendation (DE # 22... UNITED STATES of America, v. Michael DUARTE, and Yamil Medina, Defendant. , S.D.Fla., November 4, 2009 ORDER DONALD L. GRAHAM, District Judge. THIS CAUSE comes before the Court upon Defendant Yamil Medina's Motion to Suppress Evidence [D.E. 33]. The motion was referred to United Stats Magistrate Judge Edwin G. Torres on October 8, 2009 [D.E. 34]. On October 24, 2009, the Magistrate Judge issued a Report [D.E. 42] recommending that the motion to suppress be denied. On October 26, 2009, Defendant filed objections to the Report and Recommendation and requested a hearing before this Court on th... Brandon L. Spicer-BANKS, Plaintiff, v. D. ELLIS, et al., Defendants. , N.D.Fla., November 3, 2009 ORDER ELIZABETH M. TIMOTHY, United States Magistrate Judge. This cause is before the court on Plaintiff's civil rights complaint filed pursuant to 42 U.S.C. § 1983 (Doc. 1). Leave to proceed in forma pauperis has been granted (Doc. 5). Because Plaintiff is proceeding in forma pauperis, the court is required to screen the complaint to determine if it is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune f... Nyka O'CONNOR, Plaintiff, v. M.L. CARNAHAN, et al., Defendants. , N.D.Fla., November 3, 2009 ORDER ELIZABETH M. TIMOTHY, United States Magistrate Judge. Plaintiff, an inmate proceeding pro se, initiated this action by filing a civil rights complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). Plaintiff has paid the filing fee in full (Doc. 5) and submitted an amended complaint (Doc. 7). [FN1] Upon review of the amended complaint, for the reasons given below the court concludes that Plaintiff should be required to file a Second Amended Complaint . [FN2] FN1. Plaintiff has also filed a moti... Willie WASHINGTON, Plaintiff, v. CITY OF GAINESVILLE, Gainesville Police Department, Defendants. , N.D.Fla., November 3, 2009 ORDER MAURICE M. PAUL, Senior District Judge. This matter is before the Court on Doc. 3, Motion to Dismiss Amended Complaint by Gainesville Police Department, and Doc. 2, Motion to Dismiss Count II of the Amended Complaint,, filed by the City of Gainesville. The Plaintiff filed a notice of non-opposition to both motions. Doc. 7. The plaintiff is a police captain who believes he was wrongfully terminated by the Gainesville Police Department based on his disability and his race. He filed a t... Stephen M. TROTTER, Petitioner, v. Walter A. McNEIL, Respondent. , N.D.Fla., November 3, 2009 ORDER LACEY A. COLLIER, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 25, 2009 (Doc. 41). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, I have determined that the Report and Recommendat... Melissa STEPHENS and Eric Stephens, Her Spouse, Plaintiffs, v. PETSMART, INC., Defendant. , M.D.Fla., November 3, 2009 ORDER RICHARD A. LAZZARA, District Judge. Before the Court is Plaintiffs' Motion for Permissive Joinder of Additional Defendant, for Leave to Amend the Complaint and for Remand of Action to the Sixth Judicial Circuit of Florida (Dkt.12), and Defendant's Memorandum of Law in Opposition. (Dkt.15). After careful consideration of the arguments of counsel, the applicable law, and the court file, the Court concludes that the motion should be denied. PERTINENT ALLEGATIONS In this removed case, the... Bobby D. EVANS, Petitioner, v. Walter A. McNEIL, Respondent. , N.D.Fla., November 3, 2009 ORDER LACEY A. COLLIER, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 30, 2009 (Doc. 28). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, I have determined that the Report and Recommendat... Daniel M. METZ, Plaintiff, v. UNITED STATES, Paul Cratty, and Secretary of the Treasury, Defendants. , M.D.Fla., November 3, 2009 ORDER GREGORY A. PRESNELL, District Judge. This matter comes before the Court on the Emergency Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 7) filed by the Plaintiff, Daniel Metz ("Metz"). Metz filed the instant suit on October 13, 2009, seeking to quash two summonses that had been issued by the Internal Revenue Service to local banks and to prevent the IRS from issuing any more summonses for his records. Metz contended that the IRS lacked authority to issue such su... David GARCIA, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. , M.D.Fla., November 3, 2009 ORDER JAMES S. MOODY, JR., District Judge. This matter comes before the Court for consideration of Petitioner's application for issuance of a certificate of appealability ("COA") pursuant to Rule 22, Fed. R.App. P., [FN1] and 28 U.S.C. § 2253 [FN2] (Dkt.14), and motion to proceed on appeal in forma pauperis (Dkt.15). FN1. "Certificate of Appealability. (1) In a habeas corpus proceeding in which the detention complained of arises from process issued by a state court, or in a 28 U.S.C. ... Diana MORALES, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Fla., November 3, 2009 ORDER THOMAS B. McCOUN III, United States Magistrate Judge. THIS MATTER is before the court on Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. 13) and Plaintiff's response thereto (Doc. 14). By his motion, the Commissioner seeks dismissal of Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) due to Plaintiff's failure to seek judicial review within sixty days as required by section 205(g) of the Social Security Act. In response, Plaintiff urges that her Compl... Wesley A. HUNTSINGER, et al., Plaintiffs, v. ROADWAY SPECIALTY DEVICES, INC., Defendant. , M.D.Fla., November 3, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This matter is before the Court pursuant to the parties' Joint Motion to Submit Settlement Agreements to the Court for In Camera Review (the "Motion" Doc. # 5), which was filed on October 30, 2009. For the reasons that follow, the Court will deny the Motion. Analysis In this case, Plaintiffs allege that Defendant violated the terms of the Fair Labor Standards Act. Accordingly, any settlement reached is subject to judicial scrutiny. See... Ray A. DETERS, pro se, Plaintiff, v. Roger A. ALCOTT, Steven Alamia and Christopher Boldt, Defendants. , M.D.Fla., November 3, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Defendant Assistant State Attorney Steven Alamia's ("Alamia") Motion to Dismiss (Dkt.9) and Plaintiff's Responses to same (Dkts. 10 and 11). The Court having considered the motion, responses, and being otherwise advised in the premises, concludes that Alamia's Motion to Dismiss (Dkt.9) is granted. BACKGROUND [FN1] FN1. The majority of the background facts are obtained from the attachments to Plaintiff's compla... Paul Leon WARE, Plaintiff, v. POLK COUNTY BOARD OF COUNTY COMMISSIONERS, County of Polk, Florida, et al., Defendants. , M.D.Fla., November 3, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Defendants' Motion to Dismiss (Dkt.4) and Plaintiff's Response to same (Dkt.5). The Court having reviewed the motion, response, and being otherwise advised in the premises, concludes that Defendants' Motion to Dismiss (Dkt.4) is granted. BACKGROUND Plaintiff's Petition for Redress of Grievances for Deprivations of Rights and Property under Color of Law and Color of Authority (the "Petition") (Dkt.1) was filed... Iryna HRACHOVA, individually and on behalf of Zhanna Hrachova, Plaintiff, v. Denver Dewayne COOK, Defendant. , M.D.Fla., November 3, 2009 MEMORANDUM DECISION AND ORDER GARY R. JONES, United States Magistrate Judge. This lawsuit was brought by Plaintiff, Iryna Hrachova, individually and on behalf of her daughter, Zhanna Hrachova ("Hrachova") against Denver Dewayne Cook ("Cook") for specific performance of an Affidavit of Support, Form I-864, signed by Defendant on Plaintiff's behalf. Both parties proceeded pro se. A non-jury trial was held before the undersigned on October 28, 2009. In accordance with Fed.R.Civ.P. 52, the follow... John S. WILLIAMS, Paul F. Reeves, Erik S. Graves, and Tammy D. Day, on behalf of themselves and all others similarly situated, Plaintiffs, v. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Defendant. , N.D.Fla., November 2, 2009 ORDER M. CASEY RODGERS, District Judge. The plaintiffs have filed a second amended class action complaint against their insurer, Blue Cross and Blue Shield of Florida, Inc. ("Blue Cross"), seeking relief under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. (Doc. 13.) Pending before the court is Blue Cross's motion to dismiss the second amended complaint for failure to state a claim, seeFed.R.Civ.P. 12(b)(6), or in the alternative, for a more definite st... MIDLAND NATIONAL LIFE INSURANCE COMPANY, Plaintiff, v. Cynthia D. FREDRICKSEN, f/d/a Cynthia D. Adkins and Sharon K. Justice, Defendants. , N.D.Fla., November 2, 2009 ORDER M. CASEY RODGERS, District Judge. Midland National Life Insurance Company ("Midland") brought a complaint for interpleader relief on the basis of a life insurance policy worth $588,694, to which Cynthia D. Fredricksen ("Fredricksen") and Sharon K. Justice ("Justice") both made claims (doc. 1) following the death of Michael Lippert on February 15, 2009. Fredricksen claims the proceeds on grounds that she was the original beneficiary in 2005 as Lippert's fiancee and that after the break-u... Voncile RADCLIFFE, Plaintiff, v. CITY OF FORT MYERS, Defendant. , M.D.Fla., November 2, 2009 OPINION AND ORDER JOHN E. STEELE, District Judge. This matter comes before the Court on Defendant's Motion to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum of Law (Doc. # 15) filed on March 6, 2009. Plaintiff has not filed a response to the motion and the time to do so has expired. For the reasons stated below, the Court finds that the motion should be granted. I. In deciding a Rule 12(b)(6) motion to dismiss, the Court must accept all factual allegations in a complaint ... Jessica MOORE, Plaintiff, v. The CLUB AT ORLANDO CONDOMINIUM ASSOCIATION, INC., Peggy Cullen, Defendants. , M.D.Fla., November 2, 2009 ORDER GREGORY A. PRESNELL, District Judge. This matter comes before the Court on the Renewed Motion to Strike Plaintiff's Expert Reverend Terrence Gray (Doc. 68) filed by the Defendants, The Club at Orlando Condominium Association, Inc. and Peggy Cullen, and the response (Doc. 74) filed by the Plaintiff, Jessica Moore ("Moore"). I. Background This is a housing discrimination case. Moore, who is African-American, has notified the Defendants that she intends to call the Reverend Terrence Gra... Riccardi E. SENAT, Petitioner, v. State of FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. , M.D.Fla., November 2, 2009 Riccardi E. Senat, Monticello, FL, pro se. Michele Jana Taylor, Office of the Attorney General*, Tampa, FL, for Respondent. OPINION AND ORDER JOHN E. STEELE, District Judge. Petitioner Riccardi Senat (hereinafter "Senat" or "Petitioner") initiated this action by filing a Petition for Writ of Habeas Corpus (Doc. # 1, Petition) pursuant to 28 U.S.C. § 2254 on November 3, 2006, [FN1] which he subsequently amended (Doc. # 8, Amended Petition) on December 6, 2006. Senat is proceeding on his A... Shirley VICKERS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Fla., November 2, 2009 Michael Alan Steinberg, Michael A. Steinberg & Associates, Tampa, FL, for Plaintiff. Susan R. Waldron, U.S. Attorney's Office, Tampa, FL, for Defendant. ORDER THOMAS G. WILSON, United States Magistrate Judge. THIS CAUSE came on for consideration upon the Plaintiffs Motion for Attorneys' Fees (Doc. 26) filed by counsel for the plaintiff on September 8, 2009. Having considered the application, the defendant's lack of objection, and the pertinent factors regarding an award of attorneys' fee... Donnell HESTER, Petitioner v. UNITED STATES of America, Respondent. , M.D.Fla., November 2, 2009 Donnell Hester, Miami, FL, pro se. Christopher Francis Murray, US Attorney's Office-FLM Tampa, FL, for Respondent. ORDER SUSAN C. BUCKLEW, District Judge. This cause is before the Court upon Petitioner Donnell Hester's motion to vacate, set aside, or correct an allegedly illegal sentence pursuant to 28 U.S.C. § 2255. (Civ.Doc. No. 1.) Because review of the motion and the file and records of the case conclusively show that Petitioner is not entitled to relief, the Court will not cause not... MERCURY TELCO GROUP, INC., Plaintiff, v. EMPRESA DE TELECOMMUNICACIONES DE BOGOTA S.A. E.S.P., Defendant. , S.D.Fla., November 2, 2009 Kraig Scott Weiss, Paul K. Silverberg, Silverberg & Associates, Weston, FL, for Plaintiff. Arnoldo B. Lacayo, Edward Maurice Mullins, Maria Cristina Cardenas, Astigarraga Davis Mullins & Grossman, Miami, FL, for Defendant. OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Defendant EMPRESA DE TELECOMMUNICACIONES DE BOGOTA S.A. E.S.P.'s ("Defendant") Motion to Dismiss this Action in Favor of Arbitration, or Alternatively, to Stay Action (DE 19), filed... Mark G. COMERFORD, Plaintiff, v. John E. POTTER, Postmaster General, United States Postal Service, Defendant. , M.D.Fla., November 2, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause comes before the Court pursuant to Defendant John E. Potter, Postmaster General, United States Postal Service's ("USPS") Motion for Summary Judgment (Doc. # 20), which was filed on March 31, 2009. Plaintiff filed a Memorandum in Opposition on July 6, 2009 (Doc. # 33), and, with leave of Court, Defendant filed a Reply thereto on August 17, 2009 (Doc. # 37). Mark Comerford, Plaintiff, filed a two-count complaint alleging "dis... Sammy BROWN, Petitioner, v. Walter A. McNEIL, Respondent. , S.D.Fla., November 2, 2009 Sammy Brown, Crawfordville, FL, pro se. Michael C. Greenberg, Davie, FL, Richard L. Polin, Attorney General Office, Department of Legal Affairs, Miami, FL, for Respondent. FINAL ORDER OF DISMISSAL WITH PREJUDICE JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court pursuant to Magistrate Judge White's Report and Recommendation (DE # 19) in response to Petitioner's Petition for Writ of Habeas Corpus (DE # 1). No objections were filed and the time to do so has passed. This... JOHNNY DRAWDY, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. , M.D.Fla., November 2, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE IS BEFORE the Court on Petitioner Johnny Drawdy's (hereinafter "Petitioner" or "Drawdy") 28 U.S.C. § 2254 petition for writ of habeas corpus (hereinafter "petition") (Dkt.1). Petitioner challenges his 1991 convictions for two counts of lewd and lascivious acts and one count of exposure of sexual organs entered by the Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County, Florida. After carefully examining the allegations ... EMPRESA DE TELECOMMUNICACIONES DE BOGOTA S.A. E.S.P., Petitioner, v. MERCURY TELCO GROUP, INC., Respondent. , S.D.Fla., November 2, 2009 OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Petitioner EMPRESA DE TELECOMMUNICACIONES DE BOGOTA S.A. E.S.P.'s ("Petitioner") Petition to Confirm and Enforce Foreign Arbitral Award (DE 1), filed May 29, 2009. The petition is fully briefed and ripe for review. The Court held a hearing on the petition on October 1, 2009. The Court has carefully considered the petition, response, and reply, and is otherwise fully advised in the premises. Background [... Edward T. SAADI, Plaintiff, v. Pierre A. MAROUN, Defendant. , M.D.Fla., November 2, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on the Amended Motion for Permanent Injunction filed by the Plaintiff Edward T. Saadi ("Saadi"). (Doc. 233). Defendant Pierre A. Maroun ("Maroun") opposes the motion. (Doc. 239). BACKGROUND Plaintiff Saadi filed suit against Defendant Maroun for posting alleged defamatory statements about him on internet blogs and forums . [FN1] This case was heard by jury trial on September 29, 2009 through October 1, 2009. The jury ... David RUBIN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , S.D.Fla., November 2, 2009 FINAL JUDGMENT WILLIAM J. ZLOCH, District Judge. THIS MATTER is before the Court upon the Report And Recommendation For Remand And Entry Of Judgment (DE 18) filed herein by United States Magistrate Judge Robin S. Rosenbaum. No objections have been filed to said Report. The Court has conducted a de novo review of the entire court file herein and is otherwise fully advised in the premises. Accordingly, after due consideration, it is ORDERED AND ADJUDGED as follows: 1. The Report And Re... Cleveland JONES, Plaintiff, v. Monica DAVID, et al., Defendants. , S.D.Fla., November 2, 2009 Cleveland Jones, Hollywood, FL, pro se. ORDER ADOPTING REPORT AND RECOMMENDATION JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon a Report and Recommendation [DE 39], submitted by United States Magistrate Judge Patrick A. White, regarding Cleveland Jones' civil rights Complaint filed under 42 U.S.C. § 1983. The Report and Recommendation addresses the Motion for Summary Judgment by Tony Porter [DE 36]. Pursuant to 28 U.S.C. § 636(b)(1), the Court has conducted a de novo rev... Warren E. LAWSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Fla., November 2, 2009 ORDER GARY R. JONES, United States Magistrate Judge. Plaintiff appeals from a final decision of the Commissioner of Social Security ("the Commissioner") denying his applications for a period of disability and disability insurance benefits. [FN1] (Doc. 1.) The Commissioner has answered (Doc. 14), and both parties have filed briefs outlining their respective positions. (Docs. 19 & 20.) For the reasons discussed below, the Commissioner's decision is due to be AFFIRMED. FN1. Although Plaintiff fi... Hector RIVERA, Petitioner, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et. al., Respondents. , M.D.Fla., November 2, 2009 ORDER GREGORY A. PRESNELL, District Judge. Petitioner initiated this action for habeas corpus relief pursuant to 28 U.S.C. section 2254 (Doc. No. 1). Petitioner subsequently filed an amended habeas petition (Doc. No. 9). Respondent filed a response to the amended petition (Doc. No. 18), and Petitioner filed a reply to the response (Doc. No. 24). I. Procedural History On July 17, 2002, the trial court adjudicated Petitioner guilty of burglary of a dwelling and aggravated battery causing gr... Istvan BATHAZI, Plaintiff, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, United States Citizenship & Immigration Services, David L. Roark, Officer 75, and Administrative Appeals Office, Defendants. , S.D.Fla., November 2, 2009 Charles J. Sibley, Miami, FL, for plaintiff. J. Max Weintraub, United States Department of Justice, Washington, DC, Milton Aponte, United States Attorney's Office, Miami, FL, for defendant. ORDER GRANTING DEFENDANTS' MOTION TO DISMISS K. MICHAEL MOORE, District Judge. THIS CAUSE came before the Court upon Defendants' Motion to Dismiss Plaintiff's Complaint (dkt.# 12). The Plaintiff filed a Response (dkt.# 13). Upon consideration of the Motion, Response, the pertinent portions of the ... ESTATE OF Theresa M. STARING, Gordon D. Troy, as personal representative, and the Gordon & Marian Troy Intervivos Trust, by Gordon Troy as Trustee, Plaintiffs, v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. , M.D.Fla., October 30, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on a dispositive motion for summary judgment filed by Defendant Metropolitan Property and Casualty Insurance Company ("Metropolitan") (Doc. No. 15.) Plaintiffs the Estate of Theresa M. Staring and Gorden D. Troy, as personal representative of the Estate of Theresa M. Staring (collectively, "the Staring Estate"), and Gordon Troy as trustee of the Gordon and Marian Troy Intervivos Trust ("the Troy Trust") have filed a res... Minor I DOE through parent Parent I DOE, and Minor II Doe through parent Parent II Doe, Plaintiffs, v. SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA; Tim Wyrosdick, in his official capacity as Superintendent of the School District of Santa Rosa Count, N.D.Fla., October 30, 2009 ORDER M. CASEY RODGERS, District Judge. Pending before the court is the plaintiffs' motion (doc. 182) to strike the pleading filed by the Christian Educators Association International ("Christian Educators") in support of its motion to intervene. Christian Educators opposes the motion (doc. 185). Having considered the parties' arguments, the court GRANTS the motion in part and DENIES the motion in part. Background In this 42 U.S.C. § 1983 civil rights action, filed August 27, 2008, two public... UNITED STATES of America v. William DIAZ, Defendant. , N.D.Fla., October 30, 2009 ORDER DENYING MOTION TO SUPPRESS STEPHAN P. MICKLE, Chief Judge. This cause came before the Court on Defendant William Diaz's Motion to Suppress Tangible Evidence, Statements, Admissions, and/or Confessions, Request for Franks Hearing, and Memorandum of Law in Support Thereof. Doc. 35. The Government filed a response in opposition. Doc. 36. A hearing was held on June 15, 2009, and resumed on August 28, 2009. The parties were given the opportunity to file supplemental arguments in writing, whi... Anthony GARLAND, Plaintiff, v. BROWARD COUNTY COURTHOUSE, et al., Defendants. , S.D.Fla., October 30, 2009 Anthony Garland, Raiford, FL, pro se. ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION PATRICIA A. SEITZ, District Judge. THIS MATTER is before the Court upon the Report and Recommendation [DE 6] of the Honorable Patrick A. White, United States Magistrate Judge. Judge White recommends that Garland's Complaint [DE 1] be dismissed under 28 U.S.C. § 1915(g) because Garland is a repeat in forma pauperis filer, having filed more than ten actions which were dismissed as frivolous, malicious... Patricia Diane MEEKS, Plaintiff, v. MURPHY AUTO GROUP, INC. d/b/a Toyota of Winter Haven, Defendant. , M.D.Fla., October 30, 2009 Raymond G. Ingalsbe, Raymond G. Ingalsbe, PA, Palm Beach Gardens, FL, for Plaintiff. Nicholas Francis Mooney, Bromagen & Rathet, PA, Tampa, FL, for Defendant. ORDER THOMAS B. McCOUN III, United States Magistrate Judge. THIS MATTER is before the court on Defendant Murphy Auto Group, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint and Memorandum of Law in Support (Doc. 21), Plaintiff's Response in Opposition to Motion to Dismiss (Doc. 22), [FN1]Murphy Auto Group's Motion to Strike r... Anthony CATRON, et al., Plaintiffs, v. CITY OF ST. PETERSBURG, Defendant. , M.D.Fla., October 30, 2009 Alice K. Nelson, Kirsten Clanton, Neil Harvey Chonin, Southern Legal Counsel, Inc., Gainesville, FL, Catherine A. Bendor, Tulin Ozdeger, Washington, DC, Peter Prescott Sleasman, Newberry, FL, for Plaintiffs. Joseph P. Patner, City Attorney's Office, St. Petersburg, FL, for Defendant. ORDER ELIZABETH A. JENKINS, United States Magistrate Judge. Before the court are Plaintiffs' Motion for Class Certification (Dkt.19), Defendant's Response (Dkt.20), and Plaintiffs' Reply (Dkt.24). [FN1] Up... Renee ANDERSON, Plaintiff, v. HILLSBOROUGH COUNTY SCHOOL BOARD, Defendant. , M.D.Fla., October 30, 2009 ORDER SUSAN C. BUCKLEW, District Judge. The Court now considers cross motions for summary judgment filed by the Defendant, the Hillsborough County School Board (Doc. 37), and by the Plaintiff, Renee Anderson (Doc. 38). Both motions were opposed. (Docs.45, 46.) Anderson, a 20-year-old high school graduate, brings this lawsuit under 42 U.S.C. § 1983 against the Hillsborough County School Board for allegedly violating her due process rights under the Fourteenth Amendment to the United States ... Patrick A. CHAMBERS, Petitioner, v. SECRETARY, DEPT. OF CORRECTIONS, Respondent. , M.D.Fla., October 30, 2009 ORDER ELIZABETH A. KOVACHEVICH, District Judge. THIS CAUSE is before the Court on pro se Petitioner Patrick A. Chambers' 28 U.S.C. § 2254 petition for writ of habeas corpus in which he raises five grounds for relief. In his reply, Chambers alleges that he raised six grounds, with the sixth ground on page 11(b). However, there is no page 11(b) in the present petition. The Court finds no record of a ground six and therefore, cannot address the claims raised in a "ground six." A review of the re... Thomas B. STRINGER, Plaintiff, v. Timothy P. RYAN, et al., Defendants. , S.D.Fla., October 30, 2009 Thomas B. Stringer, Miami, FL, pro se. Erica Sunny Shultz Zaron, Miami, FL, for Defendants. ORDER GRANTING PLAINTIFF'S MOTION FOR RECONSIDERATION MARCIA G. COOKE, District Judge. THIS MATTER is before me on Plaintiff's Motion for Reconsideration [D.E. 73], as construed from Plaintiff's Notice of Appeal of Magistrate Judge's Decision [D.E. 72]. The motion is predicated on Plaintiff's Motions to Compel [D.E. 44 & 64]. For the following reasons, Plaintiff's Motion for Reconsideration [D.E. ... BELLE RP LLC, a Florida limited Liability company, Plaintiff, v. JPS CAPITAL PARTNERS, LLC, a New York limited liability company, John Doe Corporation, an Unknown corporate entity. , S.D.Fla., October 30, 2009 Alvin Ernest Entin, Entin & Della Fera, Fort Lauderdale, FL, for Plaintiff. Stephen Joseph Padula, Padula Law Firm LLC, Boca Raton, FL, for JPS Capital Partners, LLC. ORDER AND OPINION KENNETH A. MARRA, District Judge. THIS CAUSE came before the Court on Plaintiff, Belle RP, LLC's ("Plaintiff" or "Belle") Motion for Partial Summary Judgment as to Liability and Partial Damages (DE 36), filed September 15, 2009. The motion is fully briefed and ripe for review. The Court has reviewed the m... Christopher Lee JACKSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Fla., October 30, 2009 ORDER ROGER VINSON, Senior District Judge. This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 30, 2009. The plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made. Having considered the report and recommendation ... Wayne McELWAIN, Plaintiff, v. Captain ABEL, et al, Defendants. , N.D.Fla., October 30, 2009 ORDER RICHARD SMOAK, District Judge. Before me is the Magistrate Judge's Order and Report and Recommendation (Doc. 4). Plaintiff has not filed objections. IT IS ORDERED: 1. The Magistrate Judge's Order and Report and Recommendation is approved and is incorporated in this Order. 2. This case is dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). 3. The clerk is directed to close the file. ORDERED. Steacyanne REIGHN, Petitioner, v. Walter A. McNEIL, Respondent. , N.D.Fla., October 30, 2009 ORDER ROGER VINSON, Senior District Judge. This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated September 22, 2009 (Doc. 28). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the Report and Recommendation, and any timely f... The CONTINENTAL GROUP, INC., Plaintiff, v. KW PROPERTY MANAGEMENT, LLC d/b/a KW Property Management and Consulting, LLC; KW Holding One, LLC d/b/a KW Property Management and Consulting, LLC; the Grand Preserve at Naples LLC d/b/a KW Property Manage, S.D.Fla., October 30, 2009 OMNIBUS ORDER RE SCOPE OF INJUNCTION AND BOND JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Plaintiff's Motion for Further Clarification and Modification of Injunction [DE 172], Plaintiff's Motion for Order to Show Cause Why KW Should Not Be Adjudged in Contempt of Court's Preliminary Injunction Order [DE 220], Defendant's Motion for Clarification [DE 240], KW Defendants' Motion to Dismiss [DE 161], Defendant Marcy Kravit's Motion to Dismiss [DE 180], Plaintiff's Motion f... David Lawrence BROCK, Plaintiff, v. BOARD OF TRUSTEES, University of Florida, and Ikramuddin Aukhil, individually, Defendant. , N.D.Fla., October 30, 2009 ORDER DENYING MOTION FOR MORE DEFINITE STATEMENT STEPHAN P. MICKLE, Chief Judge. Pending before the Court is Defendant's Motion for More Definite Statement (doc. 3) and Plaintiff's response (doc. 10). For the following reasons, Defendant's motion is denied. Pursuant to Federal Rules of Civil Procedure 12(e), a Motion for More Definite Statement should only be granted if a pleading is so "vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading." A compla... Dolores MILLETTE, Plaintiff, v. DEK TECHNOLOGIES, INC., et al., Defendants. , S.D.Fla., October 30, 2009 ORDER RE: APPLICABLE VERSION OF FLORIDA STATUTE § 768.81 JAMES I. COHN, District Judge. THIS CAUSE is before the Court sua sponte. The applicability of Florida's Comparative Fault Statute, section 768.81, Florida Statutes, is before the Court. Specifically, Defendant Nadeau General Contractors, Inc. seeks to invoke the statute so that a jury may apportion fault, if any, amongst all negligent parties and non-parties. The Court must therefore determine which version of the comparative fault sta... Juan BANNISTER, Movant, v. UNITED STATES of America, Respondent. , S.D.Fla., October 30, 2009 Juan Bannister, Coleman, FL, pro se. ORDER ADOPTING REPORT OF UNITED STATES MAGISTRATE JUDGE JAMES I. COHN, District Judge. THIS CAUSE is before the Court on the Report and Recommendation [DE 16] submitted by United States Magistrate Judge Patrick A. White regarding Juan Bannister's Petition Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence [DE 1] ("Motion to Vacate"). Pursuant to 28 U.S.C. § 636(b)(1), the Court conducted a de novo review of the record, including the Motion ... Petuel SUBRUN, Petitioner, v. Eric HOLDER, Jr., et al., Respondent. , S.D.Fla., October 30, 2009 Petuel Subrun, Miami, FL, pro se. ORDER PAUL C. HUCK, District Judge. This matter is before the Court upon the Plaintiff's Emergency Petition for Writ of Habeas Corpus (D.E.# 1), filed August 26, 2009. On October 9, 2009, the Honorable Patrick A. White, United States Magistrate Judge, issued a Report (D.E.# 12), recommending dismissal of the case because Petitioner has been released from custody as of October 2, 2009. See D.E. # 10, Ex. A. To date, Petitioner has neither objected to the Rep... Joshua K. MANCEBO, et al., Plaintiffs, v. PURDUE PHARMA, L.P., Defendant. , S.D.Fla., October 30, 2009 ORDER DENYING PLAINTIFFS' MOTION TO REMAND MARCIA G. COOKE, District Judge. This matter is before me on Plaintiffs' Motion to Remand [D.E. 8], Defendant's Response in Opposition [D.E. 9], and Plaintiffs' Reply [D.E. 11]. I am denying Plaintiffs' Motion. I. BACKGROUND On August 22, 2008, Plaintiffs filed the present Complaint [D.E. 1] in Florida state court for the personal injury claims of Joshua K. Mancebo, Stephen Theodore Parsons, Bessie Mae Robinson, and Aaron Neal Strong, and a loss of... Kevin Donald GARDNER, Plaintiff, v. Robert HASTINGS, et al., Defendants. , M.D.Fla., October 30, 2009 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 G. Wilson on October 6, 2009 (Docket No. 4). The magistrate judge recommended that the Court dismiss the complaint with leave to amend and that the motion to proceed in forma pauperis be deferred pending the filing of a complaint that survives scrutiny. Pursuant to Rule 6.02, Rules of the United States D... Wilbur GIFFORD, et al., Plaintiffs, v. CITY OF TAMPA, et al., Defendants. , M.D.Fla., October 30, 2009 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 G. Wilson on October 7, 2009 (Docket No. 76). The magistrate judge recommended that the Court grant the defendants' request to dismiss Leroy Carnegie from this action and that the request for fees and expenses from Leroy Carnegie be denied. Pursuant to Rule 6.02, Rules of the United States District Court... Thomas R. FARESE, Plaintiff, v. Kenneth J. SCHERER, et al., Defendants. , S.D.Fla., October 30, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION [DE 1462] DONALD M. MIDDLEBROOKS, District Judge. THIS CAUSE comes before the Court upon the Motion of Defendants Harald Dude and Congress Shopping Center, Ltd. for Attorneys' Fees and Costs Pursuant to L.R. 7.3 [DE 1439], filed July 7, 2009, and the Magistrate Judge's Report and Recommendation ("Report") [DE 1462]. The Court has reviewed the record and the Report. No party has filed an objection to the Report. Accordingly, for the reasons set forth in... Victoria V. SCHAUB, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , M.D.Fla., October 30, 2009 Chantal J. Harrington, Bohr & Harrington, LLC, Neptune Beach, FL, Richard A. Culbertson, Law Office of Richard A. Culbertson, Orlando, FL, Sarah Harriet Bohr, Bohr & Harrington, LLC, Atlantic Beach, FL, for Plaintiff. Susan R. Waldron, US Attorney's Office - FLM, Tampa, FL, for Defendant. ORDER JOHN ANTOON II, District Judge. This case is before the Court on Richard A. Culbertson's Request for Authorization to Charge a Reasonable Fee Pursuant to 42 U.S.C. § 406(b) (Doc. No. 29) filed Au... Sidney MARTS, Petitioner, v. Walter A. McNEIL, Respondent. , N.D.Fla., October 29, 2009 ORDER M. CASEY RODGERS, District Judge. This cause comes on for consideration upon the magistrate judge's report and recommendation dated September 25, 2009. The petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made. Having considered the report and recommendation an... Augusto MEDINA, Plaintiff, v. UNITED CHRISTIAN EVANGELISTIC ASSOCIATION, et al., Defendants. , S.D.Fla., October 29, 2009 ORDER DENYING PLAINTIFF'S MOTION TO STRIKE EXPERT WITNESS AND DENYING PLAINTIFF'S MOTIONS IN LIMINE MARCIA G. COOKE, District Judge. THIS MATTER is before me on the following motions: (1) Plaintiff's Motion to Strike Defendants' expert [D.E. 89], (2) Plaintiff's Motion in Limine to exclude Plaintiff's tax returns [D.E. 97], and (3) Plaintiff's Motion in Limine to exclude evidence of mortgages and real estate transactions of Plaintiff [D.E. 109]. I am addressing these motions together since th... GREAT LAKES REINSURANCE (UK) PLC, Plaintiff, v. WPC MARINE, INC., et al., Defendants. , S.D.Fla., October 29, 2009 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DISMISSING WITHOUT PREJUDICE CLAIMS AGAINST DEFENDANT WILFREDO PARET, AND DISMISSING DEFENDANT WILFREDO PARET'S COUNTERCLAIM WITHOUT PREJUDICE JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon Plaintiff's Motion for Summary Judgment (D.E. No. 63) and sua sponte review of the record. After careful consideration and for the reasons set forth below, Plaintiff's Motion for Summary Judgment is... Augusto MEDINA, Plaintiff, v. UNITED CHRISTIAN EVANGELISTIC ASSOCIATION, et al., Defendants. , S.D.Fla., October 29, 2009 ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE EVIDENCE OF MEDINA'S SEXUAL CONDUCT OUTSIDE THE WORKPLACE MARCIA G. COOKE, District Judge. THIS CAUSE comes before me on Plaintiff's Motion in Limine to Exclude Evidence of Medina's Sexual Conduct Outside the Workplace [D .E. 95], and Defendants' Motion to Admit Information About Plaintiff's Sexual Orientation and Sexual History [D.E. 118]. For the reasons explained below, Plaintiff's Motion in Limine is granted, and Defendants' Motion to... Olga RENTA, Plaintiff, v. CIGNA DENTAL HEALTH, INC., Defendant. , S.D.Fla., October 29, 2009 ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MARCIA G. COOKE, District Judge. THIS MATTER is before me on Defendant's Motion for Summary Judgment [D.E. 38]. The motion has been fully briefed, and I have reviewed the arguments, the record, and the relevant legal authority. For the reasons stated below, Defendant's Motion for Summary Judgment is denied. I. BACKGROUND This is a retaliation case brought by Olga Renta against her former employer, Cigna Dental Health, Inc. ("Cigna").... Juarez Gabriel DASILVA, Plaintiff, v. Al LAMBERTI, in his official capacity as Broward County Sheriff and Deputy Sheriff Scott Bures, individually, Defendants. , S.D.Fla., October 29, 2009 ORDER ON MOTION TO COMPEL BARRY S. SELTZER, United States Magistrate Judge. THIS CAUSE is before the Court on Defendants' Motion to Compel Responses to Discovery and Answers to Deposition Questions Regarding Immigration Status (DE 21) and the Court being sufficiently advised, it is hereby ORDERED that the Motion is DENIED for the reasons set forth below. BACKGROUND Plaintiff Juarez Gabriel DaSilva brings this action under 42 U.S.C. § 1983 against Al Lamberti, in his official capacity as Bro... Pedro J. WESLEY, Plaintiff, v. The UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, Defendant. , S.D.Fla., October 29, 2009 Pedro J. Wesley, Miami, FL, pro se. ORDER DISMISSING COMPLAINT MARCIA G. COOKE, District Judge. THIS MATTER is before me sua sponte. I have reviewed Plaintiff's Complaint [D.E. 1], the record, and the relevant legal authorities. For the reasons explained below, Plaintiff's Complaint is dismissed with prejudice. I. BACKGROUND Plaintiff, Pedro J. Wesley, filed a "pro se," "class action" complaint against the United States District Court for the Southern District of Florida, alleging that th... James FISHER, Plaintiff, v. The FLORIDA TIMES UNION and Stacy, a sub-contractor, Defendants. , M.D.Fla., October 29, 2009 James Fisher, pro se. ORDER HENRY LEE ADAMS, JR., District Judge. Before the Court is the Magistrate Judge's Report and Recommendation (Dkt.18) recommending that the application to proceed in forma pauperis (Dkt.2) be denied and that this case be dismissed without prejudice to the filing of a prepaid complaint. All parties previously have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections. No objections have been filed. Upon c... VIDEOJET TECHNOLOGIES, INC., f/k/a Marconi Data Systems, Inc., Plaintiff, v. EAGLE INKS, INC., et al., Defendant. , M.D.Fla., October 29, 2009 ORDER RICHARD A. LAZZARA, District Judge. Pending before the Court is a motion filed by Defendants Talon Industries, Inc., Graphic Source, Inc., Carmel J. Hohmann, and Michael Bell, in which they seek a stay of discovery with regard to the production of documents and the taking of their depositions scheduled for today and tomorrow. As noted by their counsel, they do not represent Defendants Eagle Inks, Inc., and Frank M. Quaglia, Jr. Defendants primary argument is that Plaintiff's claims a... Sherman Lynell THOMAS, Plaintiff, v. I.B.E.W. and Joseph L. Adams, and Thomas L. Johnson, Defendants. , N.D.Fla., October 29, 2009 ORDER STEPHAN P. MICKLE, Chief Judge. THIS CAUSE comes before the Court for consideration of the magistrate judge's report and recommendation (doc. 39) dated October 8, 2009. Plaintiff has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b) (1). Plaintiff filed a response (doc.40) that the Court will treat as an objection. Having considered the report and recommendation and the objections, I have determined that the report and recommenda... BANKS HARDWOODS FLORIDA, LLC, Plaintiff, v. MADERAS IGLESIAS, S.A., Defendant. , S.D.Fla., October 29, 2009 ORDER BARRY L. GARBER, United States Magistrate Judge. THIS CAUSE is before the Court on Plaintiff Banks Hardwoods Florida, LLC's Motion for Summary Judgment [DE 105]. The Court has received Defendant Maderas Iglesias, S.A.'s Response in Opposition [DE 124]. After due consideration, the Motion is hereby DENIED Background Banks Hardwood Florida, LLC ("BHF") entered into three identical contracts on February 26, 2008 to buy timber from Maderas Iglesias, S.A. ("Maderas"). Maderas delivered tim... BANKS HARDWOODS FLORIDA, LLC, Plaintiff, v. MADERAS IGLESIAS, S.A., Defendant. , S.D.Fla., October 29, 2009 ORDER BARRY L. GARBER, United States Magistrate Judge. THIS CAUSE is before the Court on Defendant Maderas Iglesias, S.A .'s Motion for Summary Judgment [DE 107]. The Court has received the Response in Opposition [DE 117]. After due consideration, the Motion is hereby DENIED. Background Banks Hardwood Florida, LLC ("BHF") entered into three identical contracts on February 26, 2008 to buy timber from Maderas Iglesias, S.A. ("Maderas"). Maderas delivered timber, and on May 2, 2008, BHF sent a... Henry CLIFTON, Jr, Petitioner, v. James R McDONOUGH, et al., Respondents. , N.D.Fla., October 29, 2009 ORDER MAURICE M. PAUL, Senior District Judge. This matter is before the Court on Doc. 59. the Report and Recommendation of the Magistrate Judge, as well as Doc. 81, a Supplement to the Report and Recommendation, which the Court required of the Magistrate Judge in a prior order (Doc. 66). The Petitioner has filed an Objection to the Report and Recommendation and supplement, at Doc. 86. For the reasons which follow, the Report and Recommendation of the Magistrate Judge is adopted and this habea... Jorge L. NIEBLA, Plaintiff, v. Richard SMOAK, et al, Defendants. , N.D.Fla., October 28, 2009 AMENDED [FN*] ORDER ADOPTING REPORT AND RECOMMENDATION FN* Judge's signature inadvertently left off original order STEPHAN P. MICKLE, Chief Judge. THIS CAUSE comes before the court upon the Magistrate Judge's Report and Recommendation (doc. 3). Plaintiff has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, it is hereby O... Anthony D. GARLAND, Plaintiff, v. David B. WHEELER and Peter Sapak, Defendants. , N.D.Fla., October 28, 2009 ORDER STEPHAN P. MICKLE, Chief Judge. THIS CAUSE comes before the Court for consideration of the magistrate judge's report and recommendation (doc. 7) dated October 2, 2009. Plaintiff has filed objections (doc. 9) pursuant to Title 28, United States Code, Section 636(b)(1). Upon review, I have determined that the report and recommendation should be adopted. Accordingly, it is hereby ORDERED as follows: 1. The magistrate judge's report and recommendation (doc. 7) is ADOPTED and incorpora... Anthony Jamaine MOORE, Plaintiff, v. Walter McNEIL, [FN1] et al., Defendants. FN1. Plaintiff misspelled Secretary McNeil's name in the style of his complaint (see Doc. 1 at 1). The court will direct the clerk to change the docket to reflect , N.D.Fla., October 28, 2009 ORDER ELIZABETH M. TIMOTHY, United States Magistrate Judge. Plaintiff, a non-prisoner proceeding pro se, commenced this action by filing a civil rights complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). Plaintiff also filed a Motion to Proceed in Forma Pauperis (Doc. 9). Good cause having been shown, leave to proceed in forma pauperis shall be granted. Upon review of the complaint, it is evident that the facts as presented fail to support a viable claim for relief under section 1983 as to some ... Miguel SERRANO, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. , M.D.Fla., October 28, 2009 ORDER MONTE C. RICHARDSON, United States Magistrate Judge. THIS CAUSE is before the Court on Plaintiff's Petition for Attorney Fees (Doc. 29) filed October 8, 2009. Plaintiff's counsel certifies the Commissioner's "agreement is contingent on Plaintiff satisfying all jurisdictional requirements." (Doc. 29, p. 3). The Commissioner has filed no response in opposition to the Petition, and the time for doing so has passed. This Petition follows the entry of a Judgment reversing and remanding the d... NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Plaintiff, v. Mark A. DONNELLY and Schroeders Homes, Inc., Defendants. , M.D.Fla., October 28, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause is before the Court pursuant to Plaintiff's Motion for Judgment on the Pleadings under Federal Rule of Civil Procedure 12(c), filed on July 28, 2009. (Doc. # 19, the "Motion.") Defendant Donnelly is in default, and Defendant Schroeders Homes failed to file a response to the Motion. (Doc. # 24.) For the reasons that follow, the Motion is due to be granted. I. Factual Background and Procedural History The following factual dis... Kamara CRAWFORD and Oliver Crawford, Sr., Plaintiffs, v. CITY OF TAMPA, et al., Defendants. , M.D.Fla., October 28, 2009 ORDER RICHARD A. LAZZARA, District Judge. Before the Court is Defendant's Motion for Summary Judgment with attachments, Statement of Undisputed Facts and supporting documents (Dkts. 72, 74 & 75), Plaintiffs' Opposition (Dkt.84), and Plaintiffs' affidavit and Response to Statement of Undisputed Facts. (Dkt. 85 & 86). After careful consideration of the submissions of the parties, the applicable law, and the entire file, the Court concludes that the motion should be granted. The parties were ... Alisha A. KELLERMAN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , M.D.Fla., October 28, 2009 ORDER GARY R. JONES, United States Magistrate Judge. Plaintiff appeals to this Court from a final decision of the Commissioner of Social Security (the "Commissioner") denying her application for Supplemental Security Income. (Doc. 1.) The Commissioner has answered (Doc. 9) and both parties have filed briefs outlining their respective positions. (Docs. 20 & 21.) For the reasons discussed below, the Commissioner's decision is due to be REVERSED and REMANDED. I. PROCEDURAL HISTORY On August 16, ... Alberto SUAREZ, v. UNITED STATES of America. , M.D.Fla., October 28, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. This cause is before the Court on Defendant Suarez's motion to vacate, set aside, or correct an allegedly illegal sentence pursuant to 28 U.S.C. § 2255. (Doc. cv-1; cr-627). Because review "of the motion and the file and records of the case conclusively show that the defendant is entitled to no relief," the Court will not cause notice thereof to be served upon the United States Attorney but shall proceed to address the matter. See28 U.S.C... ARMADILLO DISTRIBUTION ENTERPRISES, INC., a Florida corporation, Plaintiff, v. CLAVIA DMI AB, a Swedish corporation, Defendant. , M.D.Fla., October 28, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Defendant Clavia's DMI AB's ("Defendant") Dispositive Motion to Dismiss and Incorporated Memorandum of Law (Dkt.# 12), and Plaintiff Armadillo Distribution Enterprises, Inc.'s ("Plaintiff") Opposition (Dkt.# 16). On October 8, 2009, the Court held an evidentiary hearing on Defendant's Motion to Dismiss. The Court, having considered Defendant's Motion, Plaintiff's Memorandum in Opposition, the testimony of Jason... RJSG PROPERTIES, LLC, Plaintiff, v. MARBELLA CONDOMINIUM DEVELOPERS, LLC; Steven P. Delgallo, personally; Jeffrey V. Siren, personally and d/b/a Beach Properties; Michael Iovieno, personally, Defendants. , N.D.Fla., October 28, 2009 John N. Ledbetter, Ledbetter & Gilmore PA, Destin, FL, for Plaintiff. Lawrence Keefe, Alfred Benjamin Gordon, III, William Lee Martin, III, Keefe Anchors Gordon etc. PA, Fort Walton Beach, FL, Daniel Charles O'Rourke, Swiatek & O'Rourke PA, Shalimar, FL, for Defendants. Jeffrey V. Siren, Destin, FL, pro se. ORDER ELIZABETH M. TIMOTHY, United States Magistrate Judge. In this action Plaintiff RJSG Properties, LLC ("RJSG"), alleges violations of the Racketeer Influenced and Corrupt Organ... BOARD OF TRUSTEES OF the INTERNATIONAL LONGSHOREMEN'S ASSOCIATION, et al., Plaintiffs, v. ELLER MARITIME SERVICES, LLC and Eller & Company, Inc., Defendants. , S.D.Fla., October 28, 2009 ORDER DENYING DEFENDANT'S MOTION FOR REHEARING MARCIA G. COOKE, District Judge. THIS MATTER is before me on Defendant Eller & Company, Inc.'s ("Eller & Co.") Motion for Rehearing on Plaintiffs' motion for partial summary judgment [D.E. 102]. [FN1] The matter is fully briefed and I have reviewed the parties' arguments, the record, and the relevant legal authorities. For the following reasons, Defendant's Motion for Reconsideration is denied; the order granting Plaintiffs' partial summary judgm... Thomas DAVIS, Plaintiff, v. Michael J ASTRUE, Defendant. , N.D.Fla., October 28, 2009 ORDER MAURICE M. PAUL, Senior District Judge. This matter is before the Court on Doc. 25, Report and Recommendation, regarding the Complaint filed by Thomas Davis. The Magistrate has recommended that the decision of the Commissioner to deny Plaintiff's Application for Social Security Benefits be Reversed and Remanded. The Commissioner has not objected to this Report and Recommendation, and the time for doing so has passed. Finding no plain error, it is accordingly ORDERED AND ADJUDGED: 1. ... UNITED STATES of America v. William Samuel YEARTY a/k/a Sammy Yearty, Defendant. , N.D.Fla., October 28, 2009 ORDER DENYING GOVERNMENT'S MOTION IN LIMINE ON ENTRAPMENT DEFENSE STEPHAN P. MICKLE, Chief Judge. This cause comes before the Court on the Government's Motion in Limine on Entrapment Defense (doc. 73) as to Defendant William Samuel Yearty. The Government requests that the Court prohibit Defendant from raising or mentioning the defense of entrapment, including during opening statement, until he has submitted sufficient evidence tending to prove entrapment. In support of this motion, the Gov... UNITED STATES of America, v. Hary Josue Gonzalez QUEZADA, Defendant. , N.D.Fla., October 28, 2009 ORDER ADOPTING REPORT AND RECOMMENDATION STEPHAN P. MICKLE, Chief Judge. THIS CAUSE comes before the court upon the Magistrate Judge's Report and Recommendation (doc. 151), which recommends that the Defendants 28 U.S.C. § 2255 Motion (doc. 124) be denied. Defendant has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the Report and Recommendation, it is he... COUNTRY INNS & SUITES BY CARLSON, INC., Plaintiff, v. INTERSTATE PROPERTIES, LLC, William Abruzzino, Jagdish Singh, Defendants. , M.D.Fla., October 28, 2009 Alicia Jean Schumacher, Scott J. Givens, Bush Ross, PA, Tampa, FL, Craig P. Miller, Kirk W. Reilly, Gray, Plant, Mooty, Mooty & Bennett, PA, Minneapolis, MN, for Plaintiff. C. Cyrus Malone, Freisem, Macon, Swann & Malone, LLP, Atlanta, GA, Christopher H. Morrison, Pratt & Morrison, PA, Winter Park, FL, for Defendants. ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff's Motion for Appellate Attorney's Fees (Doc. No. 135) filed September 15, 2009. The Unite... NIKE, INC., Plaintiff, v. Moriango AUSTIN, Guidance Group, LLC, Chauncy Outlaw, Defendants. , M.D.Fla., October 28, 2009 Michael W. O. Holihan, Stephanie Marie Boomershine, Holihan Law, Maitland, FL, for Plaintiff. ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff's Motion for Entry of Default Judgment and Permanent Injunction (Doc. No. 17) filed July 21, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the ... Jacob ENGEL, Plaintiff, v. HEALTH SCIENCES GROUP, INC., Defendant. , M.D.Fla., October 28, 2009 James M. McCreedy, Wiley Malehorn Sirota & Raynes, Morristown, NJ, Walter Leslie Sanders, Walter L. Sanders, PA, Tampa, FL, for Plaintiff. ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff's Amended Motion for Entry of Final Garnishment Judgment (Doc. No. 15) filed September 15, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and notin... CANTIERE NAUTICO CRANCHI, S.P.A., Plaintiff, v. LUXURY MARINE GROUP, LLC, Greg Wheble, and James J. Clayton, Defendants. , S.D.Fla., October 28, 2009 ORDER GRANTING IN PART, DENYING IN PART, MOTION TO DISMISS WILLIAM P. DIMITROULEAS, District Judge. THIS CAUSE is before the Court upon Defendant James J. Clayton's Motion to Dismiss and Incorporated Memorandum of Law [DE-43], filed herein on September 21, 2009. The Court has carefully considered the Motion, Plaintiff's Response in Opposition [DE-45], Defendant's Reply Memorandum [DE-48], and is otherwise fully advised in the premises. I. BACKGROUND Plaintiff Cantiere Nautico Cranchi, S.p.A... Stacey VAN BYRD, Petitioner, v. Walter McNEIL, Respondent. , S.D.Fla., October 28, 2009 ORDER AFFIRMING MAGISTRATE REPORT AND CLOSING CASE PATRICIA A. SEITZ, District Judge. THIS MATTER is before the Court upon the Report of Magistrate Judge issued by the Honorable Patrick A. White, United States Magistrate Judge [DE- 4]. In the Report, Magistrate Judge White recommends that Petitioner, Stacey Van Byrd's Petition for Writ of Habeas Corpus [DE-1] be dismissed as a successive petition which violates 28 U.S.C. § 2244(b)(3)(A). Section 2244(b)(3)(A) requires an applicant to require ... Erika KLEIN, as surviving spouse and Personal representative of the Estate of Arthur Klein, deceased, Plaintiff, v. CARNIVAL CORPORATION, Defendant. , S.D.Fla., October 28, 2009 Charles Reuben Mindlin, Fenstersheib & Blake, Robert J. Fenstersheib, Robert J. Fenstersheib Law Offices, Hallandale, FL, for Plaintiff. Steve Holman, Maltzman Foreman PA, Miami, FL, for Defendant. ORDER DENYING MOTION TO DISMISS AND MOTION FOR ORDER TO SHOW CAUSE JAMES LAWRENCE KING, District Judge. THIS CAUSE comes before the Court upon Defendant's Motion to Dismiss with Prejudice, or Alternatively, Motion for Order to Show Cause (DE # 8). On September 15, 2009, Plaintiff filed a Compl... Paul Beasley JOHNSON, Petitioner, v. SECRETARY, DEPARTMENT OF CORRECTIONS, et al., Respondents. , M.D.Fla., October 28, 2009 ORDER JAMES D. WHITTEMORE, District Judge. Petitioner is a Florida inmate who was convicted of three counts of first degree murder in 1988 and sentenced to death. His execution is scheduled for November 4, 2009. Before the Court is Petitioner's Application for Stay of Execution Pursuant to McFarland v. Scott, 512 U.S. 849 (1994) (Dkt.1), Respondents' Response in Opposition to Application for Stay of Execution Pursuant to McFarland v. Scott, 512 U.S. 849 (1994) (Dkt.4), Petitioner's Motion to ... In re ACCUTANE PRODUCTS LIABILITY. , M.D.Fla., October 28, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE is before the Court on Hoffmann-LaRoche Inc. and Roche Laboratories Inc.'s Motion for Summary Judgment on Causation (Dkt.723), Plaintiffs' Response in Opposition to same (Dkt.724), Plaintiffs' Motion for Leave to Supplement and to Submit Newly Discovered Evidence in Opposition to Hoffmann-LaRoche Inc. and Roche Laboratories Inc.'s Motion for Summary Judgment on Causation and Request to Defer Ruling (Dkt.727), and Hoffmann-LaRoche Inc. and ... Carmen LOPEZ, Dawn Serra, and others similarly-situated, Plaintiffs, v. Yvette PEREYRA Ans, MD, P.A., a Florida Corporation, and Yvette Pereyra Ans, Defendants. , S.D.Fla., October 27, 2009 ORDER DENYING MOTION TO QUASH/FOR PROTECTIVE ORDER BARRY S. SELTZER, United States Magistrate Judge. THIS CAUSE is before the Court on Defendants' Motion to Quash/for Protective Order Concerning Subpoenas Duces Tecum Served on Third Parties, Wachovia Bank, N.A., and Levi, Cahlin & Co. (DE 13) and the Court being sufficiently advised, it is hereby ORDERED that the Motion is DENIED for the reasons set forth below. Plaintiffs bring this action against Yvette Pereyra Ans, MD PA and Yvette Pere... 3-J HOSPITALITY, LLC, a Florida limited liability company d/b/a America's Backyard, Plaintiff, v. BIG TIME DESIGN, INC., a Florida For profit corporation, 219 S. Ft. Lauderdale Beach Blvd., LLC, a Florida limited liability company, Callin Fortis, i, S.D.Fla., October 27, 2009 OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Defendant Big Time Design, Inc., 219 S. Ft. Lauderdale Beach, Blvd., LLC, Callin Fortis, and Kenneth Barilich's (collectively "Defendants") Motion to Dismiss (DE 3), filed August 13, 2009. The motion is fully briefed and ripe for review. See DE's 7, 8. The Court has carefully considered the motion, response, and reply, and is otherwise fully advised in the premises. I. Background Plaintiff, 3-J Hospital... CARNIVAL CORPORATION, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION ND, Defendant. , S.D.Fla., October 27, 2009 ORDER ON MOTION FOR SUMMARY JUDGMENT MARCIA G. COOKE, District Judge. This matter is before me on Plaintiff's Motion for Summary Judgment [D.E. 25], filed on August 14, 2009, Defendants' Opposition to Plaintiff's Motion for Summary Judgment [D.E. 28], filed on August 31, 2009, and Plaintiff's Reply in Support of its motion [D.E. 33], filed on September 10, 2009. I also heard oral argument on this matter on October 7, 2009. For the reasons set forth below, I am granting Plaintiff's Motion for... Patrick MARCELIN, Plaintiff, v. CITY OF WEST PALM BEACH, Defendant. , S.D.Fla., October 27, 2009 ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT DANIEL T.K. HURLEY, District Judge. THIS CAUSE is before the court upon defendant City of West Palm Beach's motion for summary judgment [DE # 24]. For the reasons expressed below, the court will grant the motion and enter judgment in favor of defendant. BACKGROUND This is a 42 U.S.C. § 1983 action alleging denial of substantive due process and procedural due process. In resolving defendant's motion, the court has viewed the record evide... Alfonce Lamar SMITH, Petitioner, v. Walter A. McNEIL, [FN1] Respondent. FN1. Walter A. McNeil succeeded James McDonough as Secretary for the Department of Corrections, and is automatically substituted as Respondent. SeeFed.R.Civ.P. 25(d)(1)., N.D.Fla., October 27, 2009 ORDER, REPORT AND RECOMMENDATION ELIZABETH M. TIMOTHY, United States Magistrate Judge. This cause is before the court on Petitioner's petition for writ of habeas corpus filed under 28 U.S.C. § 2254 (Doc. 1). Respondent filed an answer to the petition and relevant portions of the state court record (Doc. 11). Petitioner filed a reply (Doc. 15). The matter is referred to the undersigned magistrate judge for report and recommendation pursuant to 28 U.S.C. § 636 and N.D. Fla. Loc. R. 72.2(b). ... SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff, v. CLAUDE EVINS a/k/a Claude Evans, Defendants. , M.D.Fla., October 27, 2009 ORDER MONTE C. RICHARDSON, United States Magistrate Judge. THIS CAUSE is before the Court on Plaintiff's Motion to Compel (Doc. 1) filed September 23, 2009. In the Motion, Plaintiff seeks an Order compelling non-party, Vincent Business Services ("Vincent"), to respond to a subpoena. Vincent's response to this Motion was due October 23, 2009. To date, no response has been filed. Accordingly, the Court will treat the Motion as though it was unopposed. [FN1] FN1. Vincent was originally required ... UNITED STATES of America v. Joseph OQUENDO. , M.D.Fla., October 27, 2009 ORDER PATRICIA C. FAWSETT, District Judge. This case was considered by the Court on the Government's Motion for Reduction in Sentence Pursuant to Fed.R.Crim.P. 35(b) (Doc. No. 75, filed September 11, 2009) and Order of the Court (Doc. No. 80, filed September 29, 2009). Upon consideration: The Government requests a two-level departure based on the cooperation of Defendant Oquendo since his sentencing. The Defenadnt has continued to assist law enforcement and cooperated against his co-def... Adriano Quitero RODRIGUEZ, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Fla., October 27, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Petitioner Adriano Quitero Rodriguez's "Motion to Review Sentence Imposed by the Court Pursuant to Title 28 U.S.C. 2255 to Vacated Sentence Iside [sic] Court." (Civ.Doc. No. 5.) The Court construes this motion as a motion for reconsideration of the Court's August 21, 2009 order denying Petitioner's motion to vacate, set aside, or correct an allegedly illegal sentence pursuant to 28 U.S.C. § 2255. (Civ.Doc. No. 2.) ... Denise NAILS, Plaintiff, v. PENSACOLA COVENANT HOSPICE, et al., Defendants. , N.D.Fla., October 27, 2009 ORDER and AMENDED REPORT AND RECOMMENDATION MILES DAVIS, United States Magistrate Judge. On September 30, 2009, the undersigned issued an Order and Report and Recommendation granting plaintiff's motion to proceed in forma pauperis and recommending that her amended complaint be dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim. (Doc. 10). This Amended Report and Recommendation is submitted following plaintiff's filing of a Motion to Dismiss (Doc. 13). Rule 41 of the... EASTERN PORTLAND CEMENT CORP., Plaintiff, v. F.L. SMIDTH INC., Defendant. , M.D.Fla., October 27, 2009 Jason A. Lessinger, Icard, Merrill, Cullis, Timm, Furen & Ginsburg, PA, Sarasota, FL, for Plaintiff. Warwick R. Furr, II, Warwick R. Furr, II, PA, Avon Park, FL, for Defendant. ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Plaintiff's Motion for Partial Summary Judgment. (Doc. No. 101). Defendant opposes the motion. (Doc. No. 114). I. Standard of Review Summary judgment is appropriate "if the pleadings, the discovery and disclosure materials on file, and... Wilfrido FLOREZ-MONTANO, Petitioner, v. UNITED STATES of America, Respondent. , M.D.Fla., October 27, 2009 Wilfrido Florez-Montano, pro se. ORDER JAMES S. MOODY, JR., District Judge. Before the Court are Petitioner's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 challenging his 2002 convictions for conspiracy to possess with intent to distribute 5 or more kilograms of cocaine while aboard a vessel subject to the jurisdiction of the United States (Count Two), and possession with the intent to distribute 5 or more kilograms of cocaine while aboard a vessel subject t... Robert SIEVER, Ginney Siever, Plaintiffs, v. BWGASKETS, INC., Bruce M. Williams, Ann P. Williams, Defendants. , M.D.Fla., October 27, 2009 Kathryn Diane Weston, Cobb Cole, Daytona Beach, FL, Phillip D. Eaton, Law Office of Phillip D. Eaton, San Clemente, CA, for Plaintiffs. Catherine M. Taylor, Gregory Dean Snell, Snell Legal, Ormond Beach, FL, for Defendants. ORDER PATRICIA C. FAWSETT, District Judge. This case comes before the court on the following: 1. Motion for Summary Judgment by Defendants BWGaskets, Inc., Bruce M. Williams, and Ann P. Williams (Doc. No. 52, filed July 22, 2009); 2. Memorandum in Oppositi... Kun W. LEE and Huyng S. Han, Plaintiffs, v. D & W CORP., Hyun S. Choe and Dong Y. Choe, Defendants. , M.D.Fla., October 27, 2009 ORDER ANNE C. CONWAY, District Judge. This cause is before the Court on the Parties' Joint Motion for Approval of Settlement (Doc. No. 55) filed on September 16, 2009, and on Plaintiff's Motion for Sanctions Pursuant to Rule 37(d), Federal Rules of Civil Procedure (Doc. No. 47) filed July 30, 2009. The United States Magistrate Judge has submitted a report recommending that the Joint Motion for Approval of Settlement be granted, and that the Plaintiff's Motion for Sanctions Pursuant to ... Wellington HEAD, on his own behalf and other similarly situated, Plaintiff, v. V & L SERVICES III, INC., James Van Hart, Alonzo Lingo, Defendants. , M.D.Fla., October 27, 2009 Kelly Allyssha Amritt, Morgan & Morgan, PA, Fort Lauderdale, FL, for Plaintiff. Grant David Petersen, Monica J. Williams, Ogletree Deakins Nash Smoak & Stewart, PC, Tampa, FL, for Defendants. ORDER ANNE C. CONWAY, District Judge. This cause is before the Court on the Joint Motion for Approval of Settlement and Motion for Dismissal With Prejudice (Doc. No. 61) filed on September 16, 2009. The United States Magistrate Judge has submitted a report recommending that the Motion be gran... Teresa KING, individually and on behalf of others similarly situated, Plaintiff, v. ITT EDUCATIONAL SERVICES, INC., a Delaware corporation, d/b/a ITT Technical Institute, Defendant. , M.D.Fla., October 27, 2009 ORDER MONTE C. RICHARDSON, United States Magistrate Judge. THIS CAUSE is before the Court on Plaintiff's Motion to Strike Affirmative Defenses (Doc. 9) filed October 5, 2009. Defendant filed its response on October 19, 2009. (Doc. 11). The matter is now ripe for judicial review. I. BACKGROUND On August 10, 2009, Plaintiff filed a Complaint on behalf of herself and those similarly situated seeking recovery of overtime compensation under the Fair Labor Standards Act, as amended, 29 U.S.C. § 2... LOUDO TRAILERS, INC., et al., Plaintiffs, v. BRAY TRAILERS, INC., et al., Defendants. , M.D.Fla., October 27, 2009 ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Plaintiff Loudo Enterprises, Inc.'s Motion for Interlocutory Certification under 28 U.S.C. § 1292(b) and for Stay Pending Appeal. Plaintiff moves for certification of the Court's May 11, 2009 pretrial order dismissing its claim for breach of the covenant not-to- compete, so that the issue may be decided on immediate interlocutory appeal to the Eleventh Circuit Court of Appeals. Plaintiff also moves the Court to stay ... Wendelyn D. GOODRICH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , M.D.Fla., October 27, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff's Unopposed Motion for Attorney's Fees (Doc. No. 21) filed September 29, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, ... Anthony GARLAND, Plaintiff, v. BROWARD COUNTY COURTHOUSE, et al., Defendants. , S.D.Fla., October 27, 2009 Anthony Garland, Raiford, FL, pro se. ORDER AFFIRMING MAGISTRATE REPORT AND CLOSING CASE PATRICIA A. SEITZ, District Judge. THIS MATTER is before the Court upon the Report of Magistrate Judge issued by the Honorable Patrick A. White, United States Magistrate Judge [DE- 5]. In the Report, Magistrate Judge White recommends that Plaintiff, Anthony Garland's complaint be dismissed without prejudice because Plaintiff's complaint violates 28 U.S.C. § 1915(g). The Report notes that Plaintiff has f... Virginia LEE and Deaf Service Center of Lake and Sumter County, Plaintiffs, v. Michael HABASHY, M.D., Defendant. , M.D.Fla., October 27, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiffs' Motion to Strike (Doc. No. 16) filed June 15, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted in part and denied in part. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore... Michelle C. TERRY, Plaintiff, v. REAL TALENT, INC., Defendant. , M.D.Fla., October 27, 2009 ORDER JAMES S. MOODY, JR., District Judge. THIS CAUSE comes before the Court upon Defendant Real Talent, Inc .'s Partial Motion to Dismiss (Dkt.4) and Plaintiff's Response to Defendant's Partial Motion to Dismiss (Dkt.10). The Court, having reviewed the motion, response, and being otherwise advised in the premises, finds that Defendant's Partial Motion to Dismiss (Dkt.10) must be denied. BACKGROUND On August 27, 2009, Plaintiff filed this action alleging in Count I that Defendant discrimina... PLAINTIFF B, et al, Plaintiffs, v. Joseph R. FRANCIS, et al, Defendants. , N.D.Fla., October 27, 2009 ORDER ALLAN KORNBLUM, United States Magistrate Judge. Presently before the Court is Defendants' Objection to Magistrate's Sua Sponte Order, Motion for Reconsideration of Court's Order, or, In the Alternative, Motion to Stay Magistrate Judge's Order Pending Resolution of Matter on Appeal. (Doc. 261). Plaintiffs have responded. (Doc. 272). The motion, including the alternative relief sought, is DENIED. It is incredulous for Defendants to claim that they were denied the opportunity to be heard o... Farhad ASAAD, Plaintiff, v. EMBARQ MANAGEMENT COMPANY, Defendant. , M.D.Fla., October 27, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on the Joint Notice of Filing Settlement Agreement and Joint Motion for Entry of Stipulated Final Judgment (Doc. No. 26) filed July 2, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of ... Osman MENDOZA, v. SOUTHERN HERITAGE CONSTRUCTION CORP., Woodmasters, Inc., and Herb Flack. , M.D.Fla., October 27, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Defendants' Motion to Strike Plaintiff's Pleadings as a Sham, as a Fraud on the Court, and Request for Evidentiary Hearing (Doc. No. 65) filed June 25, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be denied. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact ... Barbara McCASTLER, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , M.D.Fla., October 27, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff's Amended Motion for Attorney Fees Pursuant to the Equal Access to Justice Act (Doc. No. 28) filed June 18, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Rep... J & J SPORTS PRODUCTIONS, INC., Plaintiff, v. Alex ARBOLEDA, Restaurante Y Taqueria Los Deleites, Inc., d/b/a Restaurante & Taqueria Los Deleites, a/ka Taqueria Los Deleite, Defendants. , M.D.Fla., October 27, 2009 ORDER G. KENDALL SHARP, Senior District Judge. The case was referred to the United States Magistrate Judge for report and recommendation on Motion for Default Judgment Against Restaurante Y Taqueria Los Deleites, Inc. And Alex Arboleda (doc. no. 10). The Court having reviewed the report and recommendation of the magistrate judge, and there being no objections to the report filed, it is hereby ORDERED that the report and recommendation of the magistrate judge is hereby APPROVED. Plaintiff's... BANNUM, INC., Third-Party Plaintiff v. Callie FARR, Third-Party Defendant. , M.D.Fla., October 27, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff Christian Prison Ministries, Inc.'s Motion for Clarification (Doc. No. 27) filed August 21, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommen... Matthew Edward SIERKA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. , M.D.Fla., October 27, 2009 ORDER JOHN ANTOON II, District Judge. This case is before the Court on Plaintiff's Uncontested Petition for Attorney's Fees (Doc. No. 19) filed September 29, 2009. The United States Magistrate Judge has submitted a report recommending that the motion be granted. After an independent de novo review of the record in this matter, and noting that no objections were timely filed, the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefo... Jerry DAVIS, Petitioner, v. Walter A. McNEIL, Respondent. , S.D.Fla., October 27, 2009 Jerry Davis, Arcadia, FL, pro se. ORDER ADOPTING REPORT OF UNITED STATES MAGISTRATE JUDGE JAMES I. COHN, District Judge. THIS CAUSE is before the Court on the Report and Recommendation regarding Jerry Davis' Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 submitted by United States Magistrate Judge Patrick A. White. Pursuant to 28 U.S.C. § 636(b) (1), the Court has conducted a de novo review of the record herein, including the Petition [DE 1], the Amended Petition [DE 11], t... Judge BRANDON, Petitioner, v. Walter A. McNEIL, Respondent. , S.D.Fla., October 27, 2009 Judge Brandon, pro se. ORDER AFFIRMING MAGISTRATE REPORT AND CLOSING CASE PATRICIA A. SEITZ, District Judge. THIS MATTER is before the Court upon the Report of Magistrate Judge issued by the Honorable Patrick A. White, United States Magistrate Judge [DE- 4]. In the Report, Magistrate Judge White recommends that Petitioner, Judge Brandon's Petition be dismissed for failure to obtain authorization pursuant to 28 U.S.C. § 2244(b) (3), which requires an applicant to obtain leave from the approp... UNITED STATES of America, Plaintiff, v. TRACT H21-03, 1.25 ACRES OF LAND, MORE OR LESS, IN COLLIER COUNTY, FLORIDA, Dr. Jose Enrique Ruiz, n/k/a Henry Ruiz, et al., Defendant. , M.D.Fla., October 26, 2009 OPINION AND ORDER JOHN E. STEELE, District Judge. This matter came before the Court on October 13, 2009, for a bench trial on the matter of just compensation in 33 condemnation proceedings. All parties known or believed by plaintiff to have an interest in the property have been properly served or notified as provided by Fed. R. Civ. P. 71.1. No property owner or claimant appeared at trial except for Mr. Milton Kent in Case Number 2:08-cv-245-FTM-99DNF and Mr. Kenneth Brown in Case Number 2:08... Hubert MITCHELL, Plaintiff, v. BARNARD CONSTRUCTION COMPANY, INC., Defendant. , S.D.Fla., October 26, 2009 ORDER AND OPINION ON DEFENDANT'S MOTIONS TO TAX COSTS KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Defendant's Motion to Tax Costs (DE 17), filed September 30, 2009. Plaintiff has failed to file a response to the motion and the deadline to respond has passed. The Court has carefully reviewed the motion, the file in this case, and is otherwise fully advised in the premises. Costs Defendant is the prevailing party in this matter, pursuant to the Court's Order dated S... GARDENS OUTDOOR, LLC, a Florida limited liability company, Plaintiff, v. CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation, Defendant. , S.D.Fla., October 26, 2009 ORDER AND OPINION ON MOTION TO STRIKE KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Plaintiff Gardens Outdoor, LLC ("Plaintiff" or "Gardens") Motion to Strike Defendant, Clear Channel Outdoor, Inc.'s ("Defendant" or "Clear Channel") Affirmative Defenses (DE 11). Defendant filed a response to the motion (DE 12). Plaintiff failed to file a reply and the deadline to do so has passed. The Court has carefully reviewed the motion, the response, and the record, and is otherw... Troy J. MANN, individually and on Behalf of others similarly situated, Plaintiff, v. BARNARD CONSTRUCTION COMPANY, INCORPORATED, a foreign corporation Licensed to do business in the State of Florida, Defendant. , S.D.Fla., October 26, 2009 ORDER DENYING MOTION FOR RECONSIDERATION KENNETH L. RYSKAMP, District Judge. THIS CAUSE comes before the Court pursuant to Plaintiff's Motion for Reconsideration, filed August 13, 2009 [DE 24]. Defendant responded on August 28, 2009 [DE 26]. Defendant replied on September 9, 2009 [DE 27]. This motion is ripe for adjudication. Plaintiff filed this Fair Labor Standards Act ("FLSA") overtime action pursuant to 29 U.S.C. § 216(b) eleven months ago, on September 29, 2008, seeking to represent "... UNITED STATES of America, Plaintiff, v. TRACT H12-13, 5.00 ACRES OF LAND, MORE OR LESS, IN COLLIER COUNTY, FLORIDA, Donald Weeks, et al., Defendant. , M.D.Fla., October 26, 2009 OPINION AND ORDER JOHN E. STEELE, District Judge. This matter came before the Court on October 13, 2009, for a bench trial on the matter of just compensation in 33 condemnation proceedings. All parties known or believed by plaintiff to have an interest in the property have been properly served or notified as provided by Fed. R. Civ. P. 71.1. No property owner or claimant appeared at trial except for Mr. Milton Kent in Case Number 2:08-cv-245-FTM-99DNF and Mr. Kenneth Brown in Case Number 2:08... Zakkery A. HAMILTON, Plaintiff, v. EMBARQ MANAGEMENT COMPANY, Defendant. , M.D.Fla., October 26, 2009 ORDER JOHN ANTOON II, District Judge. This cause is before the Court on the Motion for Partial Summary Judgment (Doc. 25) filed by Defendant, Embarq Management Company ("Embarq"). Plaintiff, Zakkery A. Hamilton ("Hamilton"), has filed a Response (Doc. 34) in opposition, and the matter is now ripe for adjudication. After careful review of the record and arguments of the parties, the Court finds that Embarq's motion must be granted. I. Procedural Background On April 28, 2008, Hamilton filed a... David AZAR, Plaintiff, v. NATIONAL CITY BANK, Defendant. , M.D.Fla., October 26, 2009 ORDER GREGORY A. PRESNELL, District Judge. This matter comes before the Court on the Motion to Dismiss the Second Amended Complaint (Doc. 69) filed by the Defendant, National City Bank ("NCB") and the response (Doc. 73) filed by the Plaintiff, David Azar ("Azar"). I. Background Azar, who is proceeding pro se, is a lawyer admitted to practice in Florida. According to the allegations of the Second Amended Complaint, which are accepted as true for purposes of resolving the instant motion, Aza... SUZIE'S STRUCTURES, INC., Plaintiff, v. William A. ZIEGLER, Jr., et al., Defendants. , M.D.Fla., October 26, 2009 ORDER VIRGINIA M. HERNANDEZ COVINGTON, District Judge. Before the Court is Plaintiff's Motion to Substitute and to Extend Time to Complete Service of Process (Doc. 5) and a separate Motion in Support (Doc. 6), both filed on September 18, 2009. [FN1] Plaintiff is a corporation authorized to do business in the State of Florida. Plaintiff filed its initial Complaint on May 27, 2009 (Doc. 1) and sent the appropriate summons to Defendants on that same day (Doc. 2). Plaintiff filed for bankruptcy p... Todd C. HUGHES, Petitioner, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent. , M.D.Fla., October 26, 2009 Todd C. Hughes, Chipley, FL, pro se. Michele Jana Taylor, Office of the Attorney General, Tampa, FL, for Respondent. ORDER JAMES S. MOODY, JR., District Judge. This matter is before the Court for consideration of Petitioner's Motion to Stay and Hold Federal Writ of Habeas Corpus in Obeyance [sic] (hereinafter "motion to stay") in which he moves the Court to hold these proceedings in abeyance until he has exhausted a Brady [FN1] violation claim in state court (Dkt.27). Petitioner also has... Stephen W. SCRENCI, on behalf of himself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign insurer, Defendant. , S.D.Fla., October 26, 2009 Henry A. Seiden, West Palm Beach, FL, Robert Brian Baker, Baker & Zimmerman, Parkland, FL, Philip Dixon Parrish, Philip D. Parrish PA, Miami, FL, for Plaintiff. Alan Jeffrey Nisberg, John Walter Weihmuller, Butler Pappas Weihmuller Katz Craig, Tampa, FL, Derin B. Dickerson, Cari K. Dawson, Alston & Bird, Atlanta, GA, for Defendant. OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Defendant State Farm Mutual Automobile Insurance Company's Motion to ... Ellen Sue EISENBERG, M.D., Plaintiff, v. STANDARD INSURANCE COMPANY, Defendant. , S.D.Fla., October 26, 2009 Craig Mitchell Greene, Kramer Green Zuckerman Greene & Buchsbaum, Hollywood, FL, For Plaintiff. Jerel Charles Dawson, Shutts & Bowen, Miami, FL, for Defendant. ORDER AND OPINION ON MOTION TO DISMISS KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Defendant, Standard Insurance Company's ("Defendant" or "Standard") Motion to Dismiss Count II of Amended Complaint (DE 20). Plaintiff Ellen Sue Eisenberg, M.D. ("Plaintiff" or "Eisenberg") filed a response to the motion (D... Samuel ROGATINSKY, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant. , S.D.Fla., October 26, 2009 Gregory Lance Denes, Gregory L. Denes, Juno Beach, FL, for Plaintiff. Jeffrey Mark Landau, John Edward Meagher, Shutts & Bowen, Miami, FL, for Defendant. OPINION AND ORDER KENNETH A. MARRA, District Judge. This cause is before the Court upon Plaintiff Samuel Rogatinsky's Motion for Remand (DE 5). The motion is fully briefed and ripe for review. The Court has carefully considered the motion and is otherwise fully advised in the premises. I. Background On May 15, 2009, Defendant Metropo... Drew Curtis HARTLEY, Petitioner, v. D. ELLIS, Respondent. , N.D.Fla., October 26, 2009 ORDER M. CASEY RODGERS, District Judge. This cause comes on for consideration upon the magistrate judge's report and recommendation dated August 24, 2009. The petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de novo determination of those portions to which an objection has been made. Having considered the report and recommendation and a... JDI HOLDINGS, LLC, Plaintiff, v. JET MANAGEMENT, INC.; Southern Jet Center, LLC; and Jon Kerr, Defendants. , N.D.Fla., October 26, 2009 ORDER M. CASEY RODGERS, District Judge. On October 19, 2009, the court held an evidentiary hearing on Defendant Jon Kerr's motions to disqualify attorney Adrian Roe (doc. 240) and to dismiss the complaint (doc. 259) based on an attorney-client conflict allegedly arising from a prior representation. [FN1] After considering the evidence presented and the relevant legal standards, the court DENIED both motions on the record at the close of the hearing FN1. Kerr also had filed a motion re... UNITED STATES of America, v. Eddie HUDSON. , S.D.Fla., October 26, 2009 Roy Altman, United States Attorney's Office, Miami, FL, for Plaintiff. ORDER AFFIRMING REPORT & RECOMMENDATION PATRICIA A. SEITZ, District Judge. This matter is before the Court on Defendant's Objection to the Report and Recommendation (R & R) [DE 35] of the Honorable John J. O'Sullivan. Judge O'Sullivan's R & R recommends that the Court deny Defendant Hudson's Motion to Suppress [DE 18]. The Court has reviewed Judge O'Sullivan's thoughtful and thorough R & R, Defendant's objection [DE 37],... CHETU, INC., Plaintiff, v. Mohamed Safir SALIHU, et al., Defendants. , S.D.Fla., October 26, 2009 Joshua B. Spector, Paul Dewey Turner, Perlman, Yevoli & Albright, P.L., Fort Lauderdale, FL, for Plaintiff. Geoffrey David Ittleman, Geoffrey D. Ittleman PA, Fort Lauderdale, FL, Jennifer Jean Ator, Hankins & Ator, PL, Miami Springs, FL, for Defendants. Neeraj Kumar, Miramar, FL, pro se. Bhushan Kumar, Miramar, FL, pro se. Pro Tech Software Solutions, Inc., Miramar, FL, pro se. ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR MORE DEFINITE STATEMENT OF AFFIRMATIVE... Barret ROBBINS, Plaintiff, v. The CITY OF MIAMI BEACH, Officer Colin Pfrogner, Officer Michael Muley, and Officer William Schoenfeld, Defendants. , S.D.Fla., October 26, 2009 Michael Benjamin Feiler, Feiler & Leach, PL, Coral Gables, FL, for Plaintiff. Donald Mark Papy, Jose Smith, Kimberly Anne McCoy, Office of the City Attorney, Joshua Michael Entin, Rosen Switkes & Entin P.L., Miami, FL, for Defendant. ORDER AND REASONS ON MOTIONS TO DISMISS WILLIAM M. HOEVELER, Senior District Judge. This is a civil rights lawsuit against the City of Miami Beach and three Miami Beach police officers concerning the use of excessive force. The case comes before the Court on... Robert PARDO, Plaintiff, v. Janet NAPOLITANO, Secretary of the Department of Homeland Security, Defendant. , S.D.Fla., October 26, 2009 Waite P. Stuhl, St. Louis, MO, for Plaintiff. Stephanie I. R. Fidler, United States Attorney's Office Miami, FL, for Defendant. ORDER AND REASONS WILLIAM M. HOEVELER, District Judge. BEFORE the Court is the defendant's motion for summary judgment. [FN1] The motion has been fully briefed and is ready for a decision. For the reasons that follow, the motion is GRANTED. FN1. Originally, the plaintiff filed suit against Michael Chertoff in his official capacity as Secretary of the De... In re W.B. CARE CENTER, LLC, d/b/a West Broward Care Center, Debtor. , S.D.Fla., October 26, 2009 ORDER GRANTING IN PART AND DENYING IN PART DEBTOR'S MOTION TO REJECT ORDER APPROVING SETTLEMENT AGREEMENT AS EXECUTORY CONTRACT [DE 51] JOHN K. OLSON, Judge. On August 28, 2009, Debtor in Possession W.B. Care Center, LLC (the "Debtor") filed a Motion to Reject Order Approving Settlement Agreement as Executory Contract [DE 51] (the "Motion"). The Motion asks me "for an order rejecting the Order Approving the Settlement Agreement in Case No. 09-12957- JKO, Docket Entry 18, dated March 4, 2009 ... UNITED STATES of America, Plaintiff, v. Yaniel MEDINA, Defendant. , S.D.Fla., October 24, 2009 Michael J. O'Leary, United States Attorney's Office, Miami, FL, for Plaintiff. Hector L. Flores, Barzee Flores, PA, Raymond D'Arsey Houlihan, III, Federal Public Defender's Office, Miami, FL, for Defendant. REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION TO SUPPRESS EDWIN G. TORRES, United States Magistrate Judge. This matter is before the Court on Defendant Yaniel Medina's Motion to Suppress [D.E. 33] and the Government's Response thereto [D.E. 36]. [FN1] Defendant seeks to suppress evi... Jabari GRAY, Plaintiffs v. Walter A. McNEILL, Defendants. , S.D.Fla., October 23, 2009 Jabari Sadiri Gray, Rainford, FL, pro se. ORDER DENYING HABEAS PETITION AND CLOSING CASE ADALBERTO JORDAN, District Judge. Upon de novo review, I adopt Magistrate Judge White's report [D.E. 36], to which no objections have been filed. Accordingly, Mr. Gray's habeas petition is DENIED, and this case is CLOSED. DONE and ORDERED in chambers in Miami, Florida, this 22nd day of October, 2009. REPORT OF MAGISTRATE JUDGE PATRICK A. WHITE, United States Magistrate Judge. I. Introduction Ja... Vicki WILLIMS, Plaintiff, v. BOARD OF COMMISSIONERS, Defendant. , N.D.Fla., October 23, 2009 Vicki Williams, Tallahassee, FL, pro se. ORDER OF DISMISSAL ROBERT L. HINKLE, District Judge. This case is before the court on the magistrate judge's report and recommendation (document 7). No objections have been filed. Upon consideration, IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court's opinion. The clerk must enter judgment stating, "This case is DISMISSED." The clerk must close the file. SO ORDERED. REPORT AND RECOMMENDATION WILLIAM C. SHERR... Jeffrey A. COLE, Plaintiff, v. Warden R.P. TIFFT, et al., Defendants. , N.D.Fla., October 23, 2009 Jeffrey A. Cole, Wewahitchka, FLm pro se. ORDER OF DISMISSAL ROBERT L. HINKLE, District Judge. This case is before the court on the magistrate judge's report and recommendation (document 6). No objections have been filed, even though the deadline for filing objections was extended 30 days as the plaintiff requested. Upon consideration, IT IS ORDERED: The report and recommendation is ACCEPTED and adopted as the court's opinion. The clerk must enter judgment stating, "The complaint is d... Roberta HOLLIE, Plaintiff, v. GOODWILL INDUSTRIES-BIG BEND, INC., Defendant. , N.D.Fla., October 23, 2009 Marie A. Mattox, Anabelle Dias, Marie A. Mattox, PA, Tallahassee, FL, for Plaintiff. Robert Jacob Sniffen, Terry Joseph Harmon, Sniffen & Spellman, PA, Tallahassee, FL, for Defendant. ORDER GRANTING SUMMARY JUDGMENT FOR DEFENDANT ON STATE CLAIMS ROBERT L. HINKLE, District Judge. This is an employment-discrimination case. The plaintiff alleges she complained of sexual harassment and was fired in retaliation. She asserts retaliation claims under both Title VII and the Florida Civil Rights ... Geoffrey H. ANDERSON, Plaintiff, v. Justin WARD, et al., Defendants. , N.D.Fla., October 23, 2009 Geoffrey H. Anderson, Leesburg, FL, pro se. ORDER OF DISMISSAL ROBERT L. HINKLE, District Judge. This case is before the court on the magistrate judge's report and recommendation (document 15) and the objections (document 16). I have reviewed de novo the issues raised by the objections. The report and recommendation concludes that the second amended complaint should be dismissed. The report and recommendation notes a number of defects in the pleading. It challenges primarily the plaintif... The UNITED STATES of America, Plaintiff, v. TOWN OF LAKE PARK, FLORIDA, and Commissioners Patricia Plasket-Osterman, Jeff Carey, Ed Daly and Kendall Rumsey, in their official capacity as members of the Lake Park Town Commission, and Desca Dubois, i, S.D.Fla., October 23, 2009 Ernest A. McFarland, Veronica S. Jung, United States Attorney's Office, Washington, DC, Veronica Vanessa Harrell-James, United States Attorney's Office, Miami, FL, J. Christian Adams, for Plaintiff. Michael Kevin Grogan, Coffman Coleman Andrews & Grogan, Jacksonville, FL, for Defendant. ORDER AND OPINION ON MOTION TO DISMISS KENNETH A. MARRA, District Judge. THIS CAUSE is before the Court upon Defendants, TOWN OF LAKE PARK, FLORIDA, and COMMISSIONERS PATRICIA PLASKET-OSTERMAN, JEFF CAREY... NATIONAL WILDLIFE FEDERATION, Conservancy of Southwest Florida, Collier County Audubon Society, Florida Wildlife Federation, National Audubon Society, Inc., Plaintiffs, v. Paul SOUZA, Steve Sullivan, Pete Geren, Dirk Kempthorne, Defendants. , S.D.Fla., October 23, 2009 Gary A. Davis, Gary A. Davis & Associates, Hot Springs, NC, Jan Goldman- Carter, Mary Randolph Sargent, National Wildlife Federation, Washington, DC, for Plaintiffs. Mark A. Brown, Andrew J. Doyle, United States Department of Justice, Washington, DC, for Defendants. ORDER ON MOTIONS FOR SUMMARY JUDGMENT JOSE E. MARTINEZ, District Judge. THIS CAUSE came before the Court upon Plaintiffs' Motion for Summary Judgment (D.E. No. 31), Intervenor I.M. Collier, J.V.'s Cross-Motion for Summary Jud... Luigi LA ROCCA, Plaintiff, v. Thomas STAHLHEBER, Defendant. , S.D.Fla., October 23, 2009 Samuel Yeboah, Yeboah Law Offices PA, Fort Lauderdale, FL, for Plaintiff. Daniel Brian Reinfeld, Daniel Joseph Santaniello, William Glenn Dill, Jr., Luks Santaniello Perez Petrillo Gold & Jones, Fort Lauderdale, FL, for Defendant. ORDER DENYING MOTION TO REMAND JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Plaintiff's Motion to Remand in Response to Defendant's Notice of Removal [DE 5] ("Motion to Remand"). The Court has carefully considered Defendant's Notice of Rem... Dolores MILLETTE, Plaintiff, v. DEK TECHNOLOGIES, INC., et al., Defendants. , S.D.Fla., October 23, 2009 ORDER DENYING TARNOVE'S MOTION TO DISMISS JAMES I. COHN, District Judge. THIS CAUSE is before the Court on Defendant Tarnove's Motion to Dismiss (Subject Matter Jurisdiction) [DE 408]. The Court has carefully reviewed the Motion to Dismiss and is otherwise fully advised in the premises. Tarnove's motion to dismiss is predicated upon her contention that the Court does not have subject matter jurisdiction to hear the claim alleged against Tarnove. Specifically, Tarnove contends that Plainti... Kenneth E. STEWART, Petitioner, v. State of FLORIDA, Respondent. , N.D.Fla., October 23, 2009 Kenneth E. Stewart, pro se. ORDER ELIZABETH M. TIMOTHY, United States Magistrate Judge. Petitioner has filed a petition for writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1). Petitioner has also filed two "Motion[s] for Leave of Court to Add Additional Pages to Memorandum of Law in Support of Writ of Habeas Corpus" (Docs.2, 4). Initially, the court notes that Petitioner has neither applied for leave to proceed in forma pauperis nor paid the filing fee. Before this matter may proceed,... UNITED STATES of America, v. Andrew David MARSHALL, Defendant. , S.D.Fla., October 23, 2009 OMNIBUS ORDER BARRY L. GARBER, United States Magistrate Judge. THIS CAUSE is before the Court on the defendant's (1) Motion For Hybrid Representation [DE 337] and (2) Motion for Copies of Grand Jury Minutes [DE 347]. Each of said Motions were filed in violation of Local Rule 11.1(D)(4) of the Southern District of Florida which prohibits a party from acting on his own behalf where he is represented by counsel. Such filings reflect a total disregard by the defendant of his obligations to comply... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com