Bennett v. Jetro Restaurant Depot, LLC
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Lauren Fleischer Louis |
| Case #: | 0:23-cv-60954 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | May 22, 2023 |
| Terminated: | Mar 08, 2024 |
| Last checked: Sunday Nov 19, 2023 5:03 AM EST |
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Defendant
Jetro Restaurant Depot, LLC
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Represented By
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Plaintiff
Bradley Bennett
RUBENSTEIN LAW, P.A. 9130 S Dadeland Blvd.
Miami, FL 33166 |
Represented By
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| Docket last updated: 27 minutes ago |
| Monday, April 08, 2024 | ||
| 48 | 48
order
Judgment
Mon 04/08 4:53 PM
FINAL JUDGMENT in favor of Defendant Jetro Restaurant Depot, LLC d/b/a Restaurant Depot, and against Plaintiff Bradley Bennett. Signed by Judge K. Michael Moore on 4/8/2024. See attached document for full details. (mh02) |
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| Friday, March 08, 2024 | ||
| 47 | 47
14
pgs
order
Order on Motion for Sanctions Order on Motion for Summary Judgment
Fri 03/08 12:49 PM
OMNIBUS ORDER granting30 Motion for Summary Judgment; denying38 Motion for Sanctions. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 3/8/2024. See attached document for full details. (mh02) |
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| Thursday, March 07, 2024 | ||
| 46 | 46
motion
Appear
Thu 03/07 3:51 PM
Plaintiff's MOTION for Leave to Appear Via Zoom at Pretrial Conference . Attorney/Representative: Vanessa Lagios by Bradley Bennett. Responses due by 3/21/2024.(Ruggiero, William) |
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Att: 1
Text of Proposed Order
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| Thursday, February 29, 2024 | ||
| 45 | 45
misc
Statement
Thu 02/29 6:02 PM
Statement of: Joint Pre-Trial by Jetro Restaurant Depot, LLC (Harney, Niva) |
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| Thursday, February 08, 2024 | ||
| 44 | 44
respm
Reply to Response to Motion
Thu 02/08 11:43 AM
Plaintiff's REPLY to Response to Motion re38 Plaintiff's MOTION for Sanctions and to Strike Defendant's Liability Defenses, or, Alternatively, for Burden-Shifting Presumption and for Standard Jury Instructions 301.11(a) and 301.11(b) filed by Bradley Bennett. (Ruggiero, William) |
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| Thursday, February 01, 2024 | ||
| 43 | 43
respm
Response to Motion
Thu 02/01 6:07 PM
RESPONSE to Motion re38 Plaintiff's MOTION for Sanctions and to Strike Defendant's Liability Defenses, or, Alternatively, for Burden-Shifting Presumption and for Standard Jury Instructions 301.11(a) and 301.11(b) filed by Jetro Restaurant Depot, LLC. Replies due by 2/8/2024. (Harney, Niva) |
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| Thursday, January 25, 2024 | ||
| 42 | 42
respm
Reply to Response to Motion
Thu 01/25 6:52 PM
REPLY to Response to Motion re30 MOTION for Summary Judgment filed by Jetro Restaurant Depot, LLC. (Harney, Niva) |
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| 41 | 41
respm
Reply to Response to Motion
Thu 01/25 6:52 PM
REPLY to Response to Motion re30 MOTION for Summary Judgment filed by Jetro Restaurant Depot, LLC. (Harney, Niva) |
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| Monday, January 22, 2024 | ||
| 40 | 40
notice
Notice (Other)
Mon 01/22 6:40 PM
Defendant's NOTICE of Serving Proposal for Settlement by Jetro Restaurant Depot, LLC (Harney, Niva) |
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| Thursday, January 18, 2024 | ||
| 39 | 39
respm
Response/Reply (Other)
Thu 01/18 5:12 PM
Plaintiff's RESPONSE to DEFENDANT'S AMENDED UNDISPUTED STATEMENT OF MATERIAL FACTS by Bradley Bennett. (Ruggiero, William) |
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| 38 | 38
motion
Sanctions
Thu 01/18 2:00 PM
Plaintiff's MOTION for Sanctions and to Strike Defendant's Liability Defenses, or, Alternatively, for Burden-Shifting Presumption and for Standard Jury Instructions 301.11(a) and 301.11(b) by Bradley Bennett.(Ruggiero, William) |
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Att: 1
Exhibit A
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| 37 | 37
respm
Response to Motion
Thu 01/18 10:46 AM
RESPONSE to Motion re30 MOTION for Summary Judgment filed by Bradley Bennett. Replies due by 1/25/2024.(Ruggiero, William) |
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Att: 1
Exhibit A
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| Wednesday, January 17, 2024 | ||
| 36 | 36
misc
Response to Order to Show Cause
Wed 01/17 7:21 PM
RESPONSE TO ORDER TO SHOW CAUSE re 33 Order,,,, by Jetro Restaurant Depot, LLC. (Harney, Niva) |
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| Tuesday, January 16, 2024 | ||
| 35 | 35
adr
Mediation Report
Tue 01/16 4:03 PM
FINAL MEDIATION REPORT by Mediator Scott R. Schomber. Disposition: Case did not settle. Mediation held/partially held via video-conference. Filed by Scott Schomber.(Schomber, Scott) |
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| 34 | 34
misc
Response to Order to Show Cause
Tue 01/16 3:51 PM
RESPONSE TO ORDER TO SHOW CAUSE by Bradley Bennett. (Ruggiero, William) |
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| 33 | 33
order
- Order (PAPERLESS or pdf attached)
Tue 01/16 2:53 PM
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record. On November 20, 2023, the Court entered a Paperless Order of Referral to Mediation (ECF No. 21), wherein the Court ordered the Parties to participate in mediation. The Order stated that "[w]ithin five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse." Id. On November 27, 2023, the Parties informed the Court that mediation in this matter was scheduled for January 4, 2024. See24 . More than five days have passed since January 4, 2024, and no Mediation Report has been filed. Accordingly, the Parties are hereby ORDERED TO SHOW CAUSE on or before January 18, 2024 as to why no Mediation Report has been filed and to provide a status report to the Court. Signed by Judge K. Michael Moore on 1/16/2024. (mh02) |
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utility
~Util - Set/Reset Deadlines/Hearings
Tue 01/16 4:16 PM
Set/Reset Deadlines/Hearings per order de#33. Show Cause Response due by 1/18/2024. (drz) |
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| Monday, January 08, 2024 | ||
| 32 | 32
order
Order Striking
Mon 01/08 12:38 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On January 3, 2024, Defendant filed a Motion for Final Summary Judgment with Incorporated Memorandum of Law.29 . Defendant's January 3, 2024 Motion for Final Summary Judgment29 does not comply with Local Rule 56.1, which provides that "[a]motion for summary judgment and the opposition to it shall each be accompanied by a separate and contemporaneously filed and served Statement of Material Facts." S.D. Fla. L.R. 56.1(a). On January 5, 2024, Defendant filed a second Motion for Final Summary Judgment with Incorporated Memorandum of Law30 and an Amended Undisputed Statement of Material Facts in Support of Defendant's Motion for Final Summary Judgment31 under separate cover "to comport and be in compliance with this Court's Local Rule 56.1."31 at 1 n.1. Accordingly, UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's January 3, 2024 Motion for Final Summary Judgment with Incorporated Memorandum of Law29 is STRICKEN. Signed by Judge K. Michael Moore on 1/8/2024. (mh02) |
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| Friday, January 05, 2024 | ||
| 31 | 31
misc
Statement
Fri 01/05 7:17 PM
Statement of: of Material Facts in Support of Defendant's Motion for Final Summary Judgment by Jetro Restaurant Depot, LLC re30 MOTION for Summary Judgment(Harney, Niva) |
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Att: 1
Exhibit Complaint,
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Att: 2
Exhibit ECF No. 1 Notice of Removal,
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Att: 3
Exhibit Pl's Answers to Interrogatories,
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Att: 4
Exhibit Pl's Deposition Transcript,
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Att: 5
Exhibit Photograph,
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Att: 6
Exhibit Video Previously Produced to Plaintiff
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| 30 | 30
motion
Summary Judgment
Fri 01/05 7:13 PM
MOTION for Summary Judgment by Jetro Restaurant Depot, LLC. Responses due by 1/19/2024 (Harney, Niva) |
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| Wednesday, January 03, 2024 | ||
| 29 | 29
motion
Summary Judgment
Wed 01/03 5:28 PM
Defendant's MOTION for Summary Judgment by Jetro Restaurant Depot, LLC. Responses due by 1/17/2024(Harney, Niva) |
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Att: 1
Exhibit Complaint,
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Att: 2
Exhibit Notice of Removal,
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Att: 3
Exhibit Pl's Answers to Interrogatories,
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Att: 4
Exhibit Pl's Deposition Transcript,
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Att: 5
Exhibit Photograph,
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Att: 6
Exhibit Video
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| Tuesday, December 12, 2023 | ||
| 28 | 28
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Tue 12/12 4:21 PM
Clerk's Notice to Filer re27 Notice (Other). Login/Signature Block Violation ; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
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| 27 | 27
notice
Notice (Other)
Tue 12/12 11:47 AM
NOTICE of Intent to Serve Subpoenas Under Rule 1.351 for Production of Documents and Things Without Deposition From Non-Party by Jetro Restaurant Depot, LLC. (Romano, Gilda) |
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| Monday, December 04, 2023 | ||
| 26 | 26
8
pgs
order
Order on Motion for Miscellaneous Relief Order on Motion to Compel
Mon 12/04 2:48 PM
ORDER granting Plaintiff's17 Motion to Overrule Defendant's Objections and Compel Production of Video Footage Capturing the Subject Incident. Defendant is ORDERED to produce the footage in dispute within SEVEN (7) DAYS of this Order. Signed by Magistrate Judge Lauren Fleischer Louis on 12/4/2023. See attached document for full details. (as06) |
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| Tuesday, November 28, 2023 | ||
| 25 | 25
notice
Notice (Other)
Tue 11/28 5:11 PM
NOTICE OF MEDIATION by Scott Schomber. Attorney Scott R. Schomber added to party Scott Schomber(pty:med). (Schomber, Scott) |
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| Monday, November 27, 2023 | ||
| 24 | 24
adr
Notice of Mediator Selection and/or Hearing
Mon 11/27 5:13 PM
NOTICE of Mediator Selection. Selected/Added Scott Schomber as Mediator.(Ruggiero, William) |
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Att: 1
Text of Proposed Order
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| Wednesday, November 22, 2023 | ||
| 23 | 23
order
Order on Motion for Extension of Time
Wed 11/22 4:40 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion to Extend Certain Deadlines in Trial Order. ("Mot.")22 . Therein, Defendant requests an unspecified extension of the expert disclosure and mediation deadlines in this case. Id. at 4. On November 17, 2023, the Parties filed a Stipulation to Extend Deadlines for Expert Discovery19 , wherein the Parties "agreed... to extend the time period to disclose experts pursuant to Federal Rule of Civil Procedure 26(a)(2) to December 1, 2023."19 at 1. On November 20, 2023, the Court struck the Stipulation because the Parties failed to explain why the deadline could not be met despite diligent efforts. See (ECF No. 20). Now, Defendant requests that the Court "reconsider its November 20, 2023 Order" on the grounds that "good cause exists to extend the deadlines for both Expert Disclosures and Mediation." Mot. at 3. Specifically, Defendant states that the Parties have "agreed to postpone the deposition of Plaintiff" pending a ruling on Plaintiff's Motion to Overrule17 . Mot. at 2. According to Defendant, "without the benefit of Plaintiff's deposition testimony and receipt of Plaintiff's complete medical records, Defendant cannot fully and properly evaluate the facts of this case and the damages claimed to meet the current Expert Disclosure deadline or the new Mediation deadline." Id. at 3. Plaintiff does not oppose the requested extension. Id. at 4. As an initial matter, the Court notes that the deadline for Rule 26(a)(2) expert disclosures was November 16, 2023. See (ECF No. 13) ("Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial."). However, the Parties did not seek an extension until November 17, 2023. See19 . "A motion for extension of time is not self-executing.... Yet, by filing these motions on or [after] the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Turning to Defendant's requested extensions, "[d]istrict courts have 'unquestionable' authority to control their own dockets." Smith v. Psychiatric Sol., Inc., 750 F.3d 1253, 1262 (11th Cir. 2014) (internal citation omitted). "This authority includes 'broad discretion in deciding how best to manage the cases before them.'" Id. (internal citation omitted). Once a scheduling order is entered, it "may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013); see also Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998). Given the current posture of this case, the Court finds good cause for a brief extension of the expert disclosure deadline for the reasons set forth in the Motion. However, the Court notes that the Parties have known of the November 16, 2023 deadline for Rule 26(a)(2) expert disclosures since June 22, 2023, see (ECF No. 13). Despite this, Defendant states that "the parties agreed to schedule Plaintiff for deposition on November 21, 2023." Mot. at 2. The Court will not condone such a lack of diligence again and will grant no further extensions on similar bases. Finally, the Court declines to extend the deadline for the Parties to conduct mediation. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion22 is GRANTED IN PART and DENIED IN PART. The deadline for Rule 26(a)(2) expert disclosures is extended to December 6, 2023. All other deadlines set forth in the Court's Paperless Order Scheduling Trial (ECF No. 13) remain in effect. Mediation shall be completed no later than eighty (80) days before the scheduled trial date. Signed by Judge K. Michael Moore on 11/22/2023. (mh02) |
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| Tuesday, November 21, 2023 | ||
| 22 | 22
motion
Extension of Time
Tue 11/21 2:00 PM
MOTION for Extension of Time Extend Certain Deadlines in Trial Order re 13 Scheduling Order,,,,,,,,,,,,,,,,,,,,,,,, by Jetro Restaurant Depot, LLC. Responses due by 12/5/2023(Harney, Niva) |
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Att: 1
Exhibit Ex. A- Proposed Joint Scheduling Report,
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Att: 2
Exhibit Ex. B- Notice of Taking Plaintiff's Deposition,
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Att: 3
Exhibit Ex. C- Paperless Order
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| Monday, November 20, 2023 | ||
| 21 | 21
order
Order Referring Case to Mediation
Mon 11/20 3:24 PM
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning March 25, 2024, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party with full authority to enter in a full and complete compromise and settlement is mandatory. If any party is not an individual (e.g., a corporation), a representative of that party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. No party shall be excused from attendance without express authorization from the Court. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 11/20/2023. (mh02) |
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| 20 | 20
order
Order Striking
Mon 11/20 3:16 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Stipulation to Extend Deadlines for Expert Discovery.19 . Therein, the Parties state that they have "agreed... to extend the time period to disclose experts pursuant to Federal Rule of Civil Procedure 26(a)(2) to December 1, 2023." Id. at 1. "District courts have 'unquestionable' authority to control their own dockets." Smith v. Psychiatric Sol., Inc., 750 F.3d 1253, 1262 (11th Cir. 2014) (internal citation omitted). "This authority includes 'broad discretion in deciding how best to manage the cases before them.'" Id. (internal citation omitted). Once a scheduling order is entered, it "may be modified only for good cause and with the judge's consent." Fed. R. Civ. P. 16(b)(4). "To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013); see also Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998). Here, the Court fails to find good cause for extending the deadline for Rule 26(a)(2) expert disclosures. The fact that the Parties have agreed to extend the deadline set forth in the Court's Paperless Order Scheduling Trial (ECF No. 13) is unavailing. Moreover, the Parties do not explain why the current deadline cannot be met despite diligent efforts. Accordingly, UPON CONSIDERATION of the Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Stipulation to Extend Deadlines for Expert Discovery19 is STRICKEN. All deadlines set forth in the Court's Paperless Order Scheduling Trial (ECF No. 13) remain in effect. Signed by Judge K. Michael Moore on 11/20/2023. (mh02) |
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| Friday, November 17, 2023 | ||
| 19 | 19
misc
Stipulation
Fri 11/17 6:28 PM
STIPULATION re 13 Scheduling Order,,,,,,,,,,,,,,,,,,,,,,,, by Jetro Restaurant Depot, LLC(Harney, Niva) |
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Att: 1
Text of Proposed Order Proposed Order
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| Wednesday, November 15, 2023 | ||
| 18 | 18
respm
Response in Opposition to Motion
Wed 11/15 10:27 AM
RESPONSE in Opposition re17 Plaintiff's MOTION to Overrule Defendant's Objections and, MOTION to Compel Production of Video Footage Capturing the Subject Incident filed by Jetro Restaurant Depot, LLC. Replies due by 11/22/2023.(Harney, Niva) |
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Att: 1
Exhibit A- Privilege Log
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| Thursday, November 09, 2023 | ||
| 17 | 17
motion
Compel
Thu 11/09 12:00 PM
Plaintiff's MOTION to Compel Production of Video Footage Capturing the Subject Incident by Bradley Bennett. Responses due by 11/27/2023(Ruggiero, William) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C
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| Monday, May 22, 2023 | ||
| 1 | 1
3
pgs
NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-16637348, filed by JETRO RESTAURANT DEPOT, LLC D/B/A RESTAURANT DEPOT.(Harney, Niva)
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Att: 1
6 pgs
Exhibit Summons and Complaint,
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Att: 2
Exhibit Demand,
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Att: 3
Exhibit Sunbiz,
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Att: 4
Exhibit Notice of Filing,
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Att: 5
Civil Cover Sheet Civil Cover Sheet
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