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Case number 2:22-cv-00234

Snappers, Inc. v. Realmark Marina Grill, LLC et al > Documents

Date Field Doc. No.Description (Pages)
Mar 13, 2023 46 JOINT STATUS report by Dennis Bessey, Rumrunners, LLC, Realmark Marina Grill, LLC, Will Stout. (Rivera, Luis) Modified text on 3/13/2023 (JK). (Entered: 03/13/2023) (2)
Dec 14, 2022 45 TEXT ORDER. Defendant Realmark Marina Grill, LLC filed the Notice of Case Under Chapter 11 of United States Bankruptcy Code and Notice of Automatic Stay. (Doc. 44). Accordingly, this action is automatically stayed. See 11 U.S.C. § 362(a). The parties shall immediately notify the Court of any event which lifts or terminates the automatic stay. Additionally, the parties are directed to submit a joint notice on 3/14/2023 and every ninety (90) days thereafter, reporting the status of the bankruptcy proceeding. Accordingly, the Clerk of the Court is DIRECTED to STAY this matter and place a STAY FLAG on this case until further order of the Court. Additionally, the Clerk of the Court is DIRECTED to administratively close the file until further order of the Court. Signed by Judge John L. Badalamenti on 12/14/2022. (RHG) (Entered: 12/14/2022) (0)
Dec 13, 2022 44 NOTICE of Case Under Chapter 11 of United States Bankruptcy Code and Notice of Automatic Stay by Realmark Marina Grill, LLC. (Mayer, Amy) Modified text on 12/14/2022 (SEH). (Entered: 12/13/2022) (2)
Sep 6, 2022 43 Response in Opposition to Motion (19)
Docket Text: RESPONSE in Opposition re [41] MOTION to Dismiss Amended Complaint filed by Snappers, Inc. (Livingston, Edward)
Aug 25, 2022 42 Notice of appearance (2)
Docket Text: NOTICE of Appearance,as Co-Counsel by Joseph M. Coleman and Edward Michael Livingston on behalf of Snappers, Inc. (Livingston, Edward) Modified on 8/26/2022, to edit docket text. (SPB).
Aug 25, 2022 41 Motion to Dismiss (14)
Docket Text: Defendants' Renewed MOTION to Dismiss by Dennis Bessey, Realmark Marina Grill, LLC, Rumrunners, LLC, Will Stout.(Stetson, Karen) Modified on 8/25/2022 per telephone call from counsel - filed using wrong event (SEH).
Aug 12, 2022 N/A Order on Motion to Dismiss / Lack of Jurisdiction (0)
Docket Text:ENDORSED ORDER denying as moot [27] Defendant's Motion to Dismiss because Plaintiff filed an amended complaint. (Doc. [39]). See Pintado v. Miami-Dade Hous. Agency, 501 F.3d 1241, 1243 (11th Cir. 2007) (an amended pleading supersedes the former pleading). Signed by Magistrate Judge Kyle C. Dudek on 8/12/2022. (BLW)
Aug 11, 2022 39 Exhibit Servicemark Registrations (4)
Aug 11, 2022 39 Main Document (30)
Docket Text: AMENDED COMPLAINT for servicemark infringement, etc. against Dennis Bessey, Realmark Marina Grill, LLC, Rumrunners, LLC, Will Stout with Jury Demand filed by Snappers, Inc. Related document: [1] Complaint filed by Snappers, Inc. (Attachments: # (1) Exhibit Servicemark Registrations) (Livingston, Edward) Modified on 8/12/2022, to edit docket text and docket relationships. (SPB).
Aug 5, 2022 N/A Order on Motion to Strike (0)
Docket Text:ENDORSED ORDER denying [37] Defendant's Motion to Strike to the extent the motion seeks to strike certain portions of the Complaint (Doc. [1]), but because the parties are in agreement that an amended complaint should be filed, the Court grants that request and directs Plaintiff to file an amended complaint by August 12, 2022. Signed by Magistrate Judge Kyle C. Dudek on 8/5/2022. (BLW)
Aug 4, 2022 37 Exhibit Composite Exhibit (5)
Aug 4, 2022 37 Main Document (4)
Docket Text: UNOPPOSED MOTION to Strike by All Defendants. (Attachments: # (1) Exhibit Composite Exhibit)(Stetson, Karen) Motions referred to Magistrate Judge Kyle C. Dudek. Modified on 8/8/2022, to edit docket text. (SPB).
Jul 16, 2022 36 Response in Opposition to Motion (6)
Docket Text: RESPONSE in Opposition re [27] MOTION to Dismiss for Lack of Jurisdiction filed by Snappers, Inc. (Livingston, Edward)
Jul 13, 2022 35 Notice of a Related Action (2)
Docket Text: NOTICE of a related action per Local Rule 1.07(c) by Dennis Bessey, Realmark Marina Grill, LLC, Rumrunners, LLC, Will Stout. Related case(s): No (Rivera, Luis)
Jul 13, 2022 34 Certificate of Interested Persons and Corporate Disclosure Statement (2)
Docket Text: CERTIFICATE of interested persons and corporate disclosure statement re [3] Civil Action Order by Will Stout. (Rivera, Luis)
Jul 13, 2022 33 Notice of Lead Counsel Designation (1)
Docket Text: NOTICE of Lead Counsel Designation by Luis Ernesto Rivera, II on behalf of Will Stout. Lead Counsel: Karen L. Stetson. (Rivera, Luis)
Jul 8, 2022 32 Case Management / FLSA / ADA / Social Security / Scheduling Order (12)
Docket Text: CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/8/2022; Discovery due by 6/30/2023; Dispositive motions due by 7/28/2023; Pretrial statement due by 1/12/2024; Plaintiff disclosure of expert report due by 4/3/2023; Defendant disclosure of expert report due by 5/1/2023; Final Pretrial Conference set for 1/26/2024 at 01:30 PM before Judge John L. Badalamenti; Jury Trial term 2/5/2024 at before Judge John L. Badalamenti; Conduct mediation hearing by 7/7/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 7/8/2022. (WRW)
Jul 8, 2022 31 Preliminary pretrial conference (2)
Docket Text: Minute Entry. In Person Proceedings held before Magistrate Judge Kyle C. Dudek: PRELIMINARY PRETRIAL CONFERENCE held on 7/8/2022. (DIGITAL) (AEH)
Jul 8, 2022 30 Notice of a Related Action (2)
Docket Text: NOTICE of a related action per Local Rule 1.07(c) by Snappers, Inc. Related case(s): No (Livingston, Edward)
Jul 8, 2022 N/A Order on Motion for Extension of Time to File (0)
Docket Text:ORAL ORDER granting D.E. [28] ORAL Motion for Extension of Time to File Related Case Notice. Notices to be filed by 7/15/2022. Signed by Magistrate Judge Kyle C. Dudek on 7/8/2022. (AEH)
Jul 8, 2022 N/A Motion for Extension of Time to File (0)
Docket Text: ORAL MOTION for Extension of Time to File Related Case Notice by all parties. (AEH) Motions referred to Magistrate Judge Kyle C. Dudek.
Jul 7, 2022 27 Motion to Dismiss / Lack of Jurisdiction (14)
Docket Text: MOTION to Dismiss for Lack of Jurisdiction by All Defendants. (Rivera, Luis)
Jul 7, 2022 N/A Notice of rescheduling hearing (courtroom only) (0)
Docket Text: NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM ONLY): The Preliminary Pretrial Conference set for 7/8/2022 at 10:30 AM in Ft. Myers will be conducted in Courtroom 4 E before U.S. Magistrate Judge Kyle C Dudek. (WRW)
Jul 1, 2022 N/A Notice of rescheduling hearing (courtroom only) (0)
Docket Text: NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM AND JUDGE ONLY):Preliminary Pretrial Conference set for 7/8/2022 at 10:30 AM in Ft. Myers Courtroom 6 A before U.S. Magistrate Judge Kyle C Dudek. (LMF)
Jul 1, 2022 N/A Case Assigned/Reassigned (0)
Docket Text: Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:22-cv-234-JLB-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. (LMF)
Jun 18, 2022 23 Case Management Report (6)
Docket Text: CASE MANAGEMENT REPORT. (Livingston, Edward)
Jun 17, 2022 22 Summons returned executed (1)
Docket Text: RETURN of service executed on 04/18/2022 by Snappers, Inc. as to Dennis Bessey. (Livingston, Edward)
Jun 17, 2022 21 Summons returned executed (1)
Docket Text: RETURN of service executed on 04/18/2022 by Snappers, Inc. as to Rumrunners, LLC. (Livingston, Edward)
Jun 17, 2022 20 Summons returned executed (1)
Docket Text: RETURN of service executed on 04/18/2022 by Snappers, Inc. as to Realmark Marina Grill, LLC. (Livingston, Edward)
Jun 16, 2022 19 Waiver of service executed (1)
Docket Text: WAIVER of service returned executed on 05/09/2022 by Snappers, Inc. as to Will Stout. (Livingston, Edward)
Jun 16, 2022 18 Proof of service (1)
Docket Text: PROOF of service by Snappers, Inc. (Livingston, Edward) Modified on 6/17/2022, Incorrect entry used, counsel notified to re-file using the correct event. (SPB).
Jun 16, 2022 17 Proof of service (1)
Docket Text: PROOF of service by Snappers, Inc. (Livingston, Edward) Modified on 6/17/2022, Incorrect entry used, counsel notified to re-file using the correct event. (SPB).
Jun 16, 2022 16 Proof of service (1)
Docket Text: PROOF of service by Snappers, Inc. (Livingston, Edward) Modified on 6/17/2022, Incorrect entry used, counsel notified to re-file using the correct event. (SPB).
Jun 3, 2022 15 Notice of Lead Counsel Designation (1)
Docket Text: NOTICE of Lead Counsel Designation by Edward Michael Livingston on behalf of Snappers, Inc. Lead Counsel: Edward M. Livingston. (Livingston, Edward)
Jun 3, 2022 14 Certificate of Interested Persons and Corporate Disclosure Statement (2)
Docket Text: CERTIFICATE of interested persons and corporate disclosure statement re [3] Civil Action Order by Snappers, Inc. (Livingston, Edward)
May 18, 2022 N/A Notice of rescheduling hearing (0)
Docket Text: NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference previously scheduled for 7/6/2022 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 7/8/2022 at 10:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 6/20/2022. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held. Please view docket entry [11] for following order. (FN)
May 12, 2022 N/A Order on Motion for Extension of Time to File Response / Reply (0)
Docket Text:ENDORSED ORDER granting [7] Defendants' Unopposed Motion for Enlargement of Time to Respond to Complaint. Defendants Realmark Marina Grill, LLC, Rumrunners, LLC, and Dennis Bessey must respond to Plaintiff's Complaint (Doc. [1]) no later than 7/8/2022. Signed by Magistrate Judge Mac R. McCoy on 5/12/2022. (CM)
May 12, 2022 11 Order (8)
Docket Text: ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 5/12/2022. (FN)
May 12, 2022 N/A Notice of hearing (0)
Docket Text: NOTICE of Hearing: Preliminary Pretrial Conference set for 7/6/2022 at 10:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 6/20/2022. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held. (FN)
May 11, 2022 9 Certificate of Interested Persons and Corporate Disclosure Statement (2)
Docket Text: CERTIFICATE of interested persons and corporate disclosure statement re [3] Civil Action Order by Dennis Bessey, Realmark Marina Grill, LLC, Rumrunners, LLC. (Stetson, Karen)
May 11, 2022 8 Notice of Lead Counsel Designation (2)
Docket Text: NOTICE of Lead Counsel Designation by Karen L. Stetson on behalf of Dennis Bessey, Realmark Marina Grill, LLC, Rumrunners, LLC. Lead Counsel: Karen L. Stetson. (Stetson, Karen)
May 11, 2022 7 Motion for Extension of Time to File Response/Reply (3)
Docket Text:DEFENDANTS' UNOPPOSED MOTION FOR ENLARGMENT OF TIME TO RESPOND TO COMPLAINT (Doc.[1]) by Dennis Bessey, Realmark Marina Grill, LLC, Rumrunners, LLC. (Stetson, Karen) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 5/12/2022, to edit docket text and relationships. (SPB).
May 4, 2022 6 Patent/Trademark Report (30)
Docket Text: Trademark Report sent to Alexandria, VA. (SPB)
Apr 14, 2022 N/A Notice to Counsel of Local Rule (0)
Docket Text: NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SPB)
Apr 14, 2022 N/A Notice to Counsel of Local Rule (0)
Docket Text: NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SPB)
Apr 14, 2022 3 Civil Action Order (8)
Docket Text: CIVIL Action Order. Signed by All Divisional Judges on 4/14/2022. (SPB)
Apr 14, 2022 2 Summons issued (4)
Docket Text: SUMMONS issued as to Dennis Bessey, Realmark Marina Grill, LLC, Rumrunners, LLC, Will Stout. (SPB)
Apr 13, 2022 N/A Fees Paid (0)
Docket Text: FEES Paid by Snappers, Inc. (Filing fee $402.00, Receipt Number FTM015773). (SPB)
Apr 4, 2022 1 Civil Cover Sheet (1)
Apr 4, 2022 1 Ex. B (4)
Apr 4, 2022 1 Ex. A (2)
Apr 4, 2022 1 Main Document (31)
Docket Text:COMPLAINT against Dennis Bessey, Realmark Marina Grill, LLC, Rumrunners, LLC, Will Stout filed by Snappers, Inc. (Attachments: # (1) Ex. A, # (2) Ex. B, # (3) Civil Cover Sheet)(SPB)
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