Florida Southern District Court
Judge:Kathleen M Williams
Referred: Chris M Mcaliley
Case #: 1:22-cv-20715
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity
Case Filed:Mar 09, 2022
Terminated:May 27, 2022
Last checked: Monday Sep 05, 2022 4:58 AM EDT
Defendant
A3 Amenities, LLC
Represented By
Elizabeth K Coppolecchia
Weiss Serota Helfman Cole & Bierman, P.L.
contact info
Michael John Kurzman
Weiss Serota Helfman Cole & Bierman
contact info
Defendant
A3 Development, LLC
Represented By
Elizabeth K Coppolecchia
Weiss Serota Helfman Cole & Bierman, P.L.
contact info
Michael John Kurzman
Weiss Serota Helfman Cole & Bierman
contact info
Defendant
A3 North Development, LLC
Represented By
Elizabeth K Coppolecchia
Weiss Serota Helfman Cole & Bierman, P.L.
contact info
Michael John Kurzman
Weiss Serota Helfman Cole & Bierman
contact info
Defendant
A3 Restaurant, LLC
Represented By
Elizabeth K Coppolecchia
Weiss Serota Helfman Cole & Bierman, P.L.
contact info
Michael John Kurzman
Weiss Serota Helfman Cole & Bierman
contact info
Plaintiff
SUFFOLK CONSTRUCTION COMPANY, INC.
Represented By
Juan Diaz
Suffolk Construction Company, Inc.
contact info
Ira L. Libanoff
Ferencik Libanoff Brandt Bustamante & Williams
contact info
Jordana Lee Goldstein
Ferencik Libanoff Brandt Bustamante & Williams
contact info


Docket last updated: 10 hours ago
Tuesday, February 07, 2023
minutes Status Conference Tue 02/07 2:57 PM
PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Video Zoom Status Conference held on 2/7/2023. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso)
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order - Order (PAPERLESS or pdf attached) ~Util - Set/Reset Motion/R&R Deadlines and Hearings Tue 02/07 3:40 PM
PAPERLESS ORDER. THIS MATTER is before the Court following the February 7, 2023 Status Conference (" Status Conference "). For the reasons set forth on the record during the Status Conference, it is ORDERED AND ADJUDGED as follows: 1. Plaintiff may file a motion to reopen this proceeding within ten (10) days of the date of this Order of no more than twenty (20) pages in length; 2. Defendants' response to any motion to reopen is due on or before fourteen (14) days from the date Plaintiff files the motion, and may be no more than twenty (20) pages in length; and 3. Plaintiff's reply in support of any motion to reopen is due on or before seven (7) days from the date Defendants file a response, and may be no more than seven (7) pages in length. Signed by Judge Kathleen M. Williams on 2/7/2023. (nlf)
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Thursday, February 02, 2023
order Order Setting Status Conference Thu 02/02 1:27 PM
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte . It is ORDERED AND ADJUDGED that a Status Conference is SET for February 7, 2023 at 2:00 PM via videoconference. Log-in details will be emailed to counsel of record separately. Signed by Judge Kathleen M. Williams on 2/2/2023. (sgm)
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Wednesday, February 01, 2023
order Order Striking Wed 02/01 6:38 PM
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte . This case is closed, and therefore, Plaintiff's filing of22 the Amended Complaint without leave of Court is improper. Accordingly, it is ORDERED AND ADJUDGED that22 Plaintiff's Amended Complaint is STRICKEN from the record. Signed by Judge Kathleen M. Williams on 2/1/2023. (sgm)
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order Order on Motion to Reopen Case Wed 02/01 6:39 PM
PAPERLESS ORDER. THIS MATTER is before the Court on23 Defendants' Motion to Reopen Case for the Sole Purpose of Striking22 Plaintiff's Amended Complaint. Now that22 Plaintiff's Amended Complaint has been stricken, it is ORDERED AND ADJUDGED that23 Defendants' Motion to Reopen Case is DENIED AS MOOT . Signed by Judge Kathleen M. Williams on 2/1/2023. (sgm)
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Monday, December 05, 2022
25 25 respm Response/Reply (Other) Mon 12/05 5:04 PM
Defendant's REPLY to24 Response in Opposition to Motion by A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC. (Kurzman, Michael)
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Monday, November 28, 2022
24 24 respm Response in Opposition to Motion Mon 11/28 4:57 PM
RESPONSE in Opposition re23 Defendant's MOTION to Reopen Case for the Sole Purpose of Striking Plaintiff's Amended Complaint filed by SUFFOLK CONSTRUCTION COMPANY, INC.. Replies due by 12/5/2022. (Libanoff, Ira)
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Monday, November 14, 2022
23 23 motion Reopen Case Mon 11/14 8:29 PM
Defendant's MOTION to Reopen Case for the Sole Purpose of Striking Plaintiff's Amended Complaint by A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC. (Coppolecchia, Elizabeth)
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Thursday, October 27, 2022
22 22 cmp Amended Complaint/Amended Notice of Removal Thu 10/27 8:39 AM
AMENDED COMPLAINT against A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC, filed by SUFFOLK CONSTRUCTION COMPANY, INC..(Libanoff, Ira)
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Att: 1 Exhibit Exhibit A to Complaint (Part 1 of 2),
Att: 2 Exhibit Exhibit A to Complaint (Part 2 of 2),
Att: 3 Exhibit Exhibit B to Complaint (Part 1 of 2),
Att: 4 Exhibit Exhibit B to Complaint (Part 2 of 2),
Att: 5 Exhibit Exhibit C to Complaint
Friday, September 23, 2022
notice Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Fri 09/23 8:37 AM
Clerk's Notice to Filer re20 Stipulation of Dismissal. Wrong Event Selected - Document is a Motion ; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (pcs)
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Thursday, September 22, 2022
20 20 misc Stipulation of Dismissal - aty Thu 09/22 3:31 PM
STIPULATION of Dismissal and to Enter Order Approving Settlement Agreement and Retaining Jurisdiction by SUFFOLK CONSTRUCTION COMPANY, INC.(Libanoff, Ira)
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Att: 1 Exhibit Exhibit A - Settlement Agreement,
Att: 2 Exhibit Exhibit B - Proposed Order
Monday, September 19, 2022
order Order Striking Mon 09/19 6:36 PM
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte . On July 15, 2022, Plaintiff unilaterally filed18 the Motion to Approve the Joint Stipulation for Dismissal and to Enter Order Retaining Jurisdiction. The Motion, inter alia , asks that the Court "approve the [Parties'] Joint Stipulation of Dismissal and enter an order retaining jurisdiction to re-open the case and enforce the terms of the [Parties'] Settlement Agreement...." Having reviewed 18 the Motion, the Court notes that it was filed unilaterally by Plaintiff and not jointly as the Court's July 13, 2022 Paperless Order directed. Accordingly, it is ORDERED AND ADJUDGED as follows: 18 Plaintiff's Motion is STRICKEN from the record. On or before September 23, 2022 , the Parties shall file a joint motion for the Court to approve the Parties' settlement agreement, if they still wish for the Court to retain jurisdiction. Otherwise, the Court will consider this matter dismissed without retaining jurisdiction. Signed by Judge Kathleen M. Williams on 9/19/2022. (sgm)
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Friday, July 15, 2022
18 18 motion Settlement Fri 07/15 4:54 PM
First MOTION for Settlement to Approve Joint Stipulation by SUFFOLK CONSTRUCTION COMPANY, INC.. Responses due by 7/29/2022(Libanoff, Ira)
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Att: 1 Exhibit Exhibit A - executed Settlement Agreement,
Att: 2 Exhibit Exhibit B - proposed Order
Wednesday, July 13, 2022
order - Order (PAPERLESS or pdf attached) Wed 07/13 4:28 PM
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte . The Court's May 27, 2022 Paperless Order stated in relevant part: If the Parties wish for the Court to retain jurisdiction, they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective upon the filing of the Parties' joint stipulation of dismissal . Notwithstanding this clear instruction, on July 8, 2022, the Parties filed 16 the Joint Stipulation of Dismissal, which states in relevant part: ...[T]he Parties [] stipulate to the dismissal of this case, provided however, that the effectiveness of this Stipulation is conditioned upon the Court's issuance of an Order adopting this Stipulation and retaining jurisdiction to enforce the terms of the Settlement Agreement between the Parties and to enter orders necessary to this enforcement.... First, the Court will not retain jurisdiction to enforce the terms of the Settlement Agreement between the Parties unless and until the Parties submit the Settlement Agreement to the Court for review. Second, unless the Parties do so, the dismissal of this matter is effective upon the filing of a joint stipulation of dismissal ( i.e. , no further action is required by the Court). In light of the foregoing, on or before July 15, 2022 , the Parties shall submit their Settlement Agreement for review, along with the appropriate motion and proposed order, if they intend for the Court to retain jurisdiction. Otherwise, the Court will consider this matter dismissed. No further extensions will be granted . Signed by Judge Kathleen M. Williams on 7/13/2022. (sgm)
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utility ~Util - Set/Reset Deadlines/Hearings Thu 07/14 1:22 PM
Set/Reset Deadlines/Hearings per DE 17 Order. Settlement Agreement due by 7/15/2022. (amb)
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Friday, July 08, 2022
16 16 misc Stipulation of Dismissal - aty Fri 07/08 2:29 PM
STIPULATION of Dismissal Based on Settlement by SUFFOLK CONSTRUCTION COMPANY, INC. (Libanoff, Ira)
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Friday, May 27, 2022
order Order Dismissing/Closing Case or Party Fri 05/27 4:01 PM
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on13 the Parties' Joint Motion to Stay Proceedings. Given that the Parties state in the Motion that they have reached a settlement in this matter, the Court declines to stay this case and it is ORDERED AND ADJUDGED that13 the Parties' Joint Motion to Stay Proceedings is DENIED . Instead, on or before July 8, 2022 , the Parties shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction, they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC , 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective upon the filing of the Parties' joint stipulation of dismissal. Id. This case is CLOSED for administrative purposes. All other pending motions are DENIED AS MOOT . Any remaining deadlines, hearings, and/or trial settings are CANCELED . Signed by Judge Kathleen M. Williams on 5/27/2022. (sgm)
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Tuesday, May 24, 2022
14 14 motion Extension of Time to File Response/Reply/Answer Tue 05/24 4:45 PM
Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to12 MOTION to Amend/Correct11 Defendant's MOTION Motion for Abstention by SUFFOLK CONSTRUCTION COMPANY, INC..(Libanoff, Ira)
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Att: 1 Text of Proposed Order Proposed Order
Monday, May 23, 2022
13 13 motion Stay Mon 05/23 6:00 PM
Joint MOTION to Stay Proceedings and Incorporated Memorandum Of Law by A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC. Responses due by 6/6/2022 (Kurzman, Michael)
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Tuesday, May 10, 2022
12 12 motion Amend/Correct Tue 05/10 1:34 PM
MOTION to Amend/Correct11 Defendant's MOTION Motion for Abstention by A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC. Responses due by 5/24/2022(Kurzman, Michael)
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Att: 1 Exhibit Change Order 1,
Att: 2 Errata R&S Liens and Transfer Bonds,
Att: 3 Exhibit Liens and Bond,
Att: 4 Affidavit Jules Trump
Friday, April 29, 2022
11 11 motion Miscellaneous Relief Fri 04/29 4:43 PM
Defendant's MOTION Motion for Abstention by A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC. (Kurzman, Michael)
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Tuesday, April 05, 2022
10 10 5 pgs order Order Referring Case to Magistrate Judge Notice of Court Practice/to Appear/Other Wed 04/06 10:16 AM
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. Signed by Judge Kathleen M. Williams on 4/5/2022. See attached document for full details. (drz)
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Friday, March 18, 2022
9 9 notice Notice of Attorney Appearance Fri 03/18 3:11 PM
NOTICE of Attorney Appearance by Elizabeth K Coppolecchia on behalf of A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC. Attorney Elizabeth K Coppolecchia added to party A3 Amenities, LLC(pty:dft), Attorney Elizabeth K Coppolecchia added to party A3 Development, LLC(pty:dft), Attorney Elizabeth K Coppolecchia added to party A3 North Development, LLC(pty:dft), Attorney Elizabeth K Coppolecchia added to party A3 Restaurant, LLC(pty:dft). (Coppolecchia, Elizabeth)
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8 8 notice Notice of Attorney Appearance Fri 03/18 1:57 PM
NOTICE of Attorney Appearance by Michael John Kurzman on behalf of A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC. Attorney Michael John Kurzman added to party A3 Amenities, LLC(pty:dft), Attorney Michael John Kurzman added to party A3 Development, LLC(pty:dft), Attorney Michael John Kurzman added to party A3 North Development, LLC(pty:dft), Attorney Michael John Kurzman added to party A3 Restaurant, LLC(pty:dft). (Kurzman, Michael)
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Tuesday, March 15, 2022
7 7 service Acknowledgment of Service Tue 03/15 10:31 AM
ACKNOWLEDGMENT OF SERVICE as to1 Complaint,, on Defendant A3 North Development, LLC filed by SUFFOLK CONSTRUCTION COMPANY, INC.. (Libanoff, Ira)
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6 6 service Acknowledgment of Service Tue 03/15 10:31 AM
ACKNOWLEDGMENT OF SERVICE as to1 Complaint,, on Defendant A3 Development, LLC filed by SUFFOLK CONSTRUCTION COMPANY, INC.. (Libanoff, Ira)
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5 5 service Acknowledgment of Service Tue 03/15 10:31 AM
ACKNOWLEDGMENT OF SERVICE as to1 Complaint,, on Defendant A3 Restaurant, LLC filed by SUFFOLK CONSTRUCTION COMPANY, INC.. (Libanoff, Ira)
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4 4 service Acknowledgment of Service Tue 03/15 10:31 AM
ACKNOWLEDGMENT OF SERVICE as to1 Complaint,, on Defendant A3 Amenities, LLC filed by SUFFOLK CONSTRUCTION COMPANY, INC.. (Libanoff, Ira)
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Thursday, March 10, 2022
3 3 service Summons Issued Thu 03/10 7:56 AM
Summons Issued as to A3 Amenities, LLC, A3 Development, LLC, A3 North Development, LLC, A3 Restaurant, LLC. (drz)
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Wednesday, March 09, 2022
1 1 12 pgs cmp Complaint Wed 03/09 5:21 PM
COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15461646, filed by SUFFOLK CONSTRUCTION COMPANY, INC..(Libanoff, Ira)
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Att: 1 Civil Cover Sheet Civil Cover Sheet,
Att: 2 Summon(s) Summons to be issued by the Clerk,
Att: 3 Summon(s) Summons to be issued by the Clerk,
Att: 4 Summon(s) Summons to be issued by the Clerk,
Att: 5 Summon(s) Summons to be issued by the Clerk,
Att: 6 1009 pgs Exhibit Exhibit A to Complaint (Part 1 of 2),
Att: 7 1162 pgs Exhibit Exhibit A to Complaint (Part 2 of 2),
Att: 8 1055 pgs Exhibit Exhibit B to Complaint (Part 1 of 2),
Att: 9 1108 pgs Exhibit Exhibit B to Complaint (Part 2 of 2)
order Clerk's Notice of Judge Assignment and Optional Consent Thu 03/10 7:46 AM
Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz)
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