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07-23077 - Falcon Farms, Inc. v. R.D.P. Floral, Inc.


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07-23077 - Falcon Farms, Inc. v. R.D.P. Floral, Inc.
July 10, 2008
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ORDER denying 53 Motion to Stay. Signed by Judge Ursula Ungaro on 7/9/08. (tp)
July 31, 2008
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ORDER granting in part and denying in part 56 Plaintiff's Motion for Sanctions. Falcon Farms is awarded monetary sanctions against R.D.P. Floral pursuant to Fed.R.Civ.P. 37(d)(3) for the reasonable expenses, including attorneys fees, caused by the failure of the deponents to appear for deposition. On or before August 15, 2008, R.D.P. Floral must produce Juan Pablo Ramirez and Paul Serani for deposition in Miami, Florida, as corporate representatives, at a date and time set by counsel for Falcon Farms. On or before August 4, 2008, R.D.P. Floral must provide their most recent contact information for Diego Ramirez, and the deadline for discovery is extended for the purpose of taking his deposition. Falcon Farms' request for sanctions against counsel for R.D.P. Floral and a further sanction either dismissing R.D.P. Floral's Counterclaim or entering a default against R.D.P. Floral on Falcon Farms' claims is DENIED without prejudice to renew. Signed by Magistrate Judge Andrea M. Simonton on 7/31/08. (AMS)
August 14, 2008
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ORDER granting in part and denying in part 62 Plaintiff's Motion for Sanctions For Defendant's Failure To Personally Appear at Mediation. Plaintiff is awarded monetary sanctions against Defendant for the reasonable expenses, including attorney's fees and the costs of mediation, caused by Defendant's failure to have a representative personally appear at mediation. By August 21, 2008, the parties shall consult to attempt to agree on the amount of the monetary award. If the parties cannot agree, by August 25, 2008, Plaintiff shall file a motion to establish the amount of the award. Signed by Magistrate Judge Andrea M. Simonton on 8/14/08. (lc1)
September 11, 2008
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REPORT AND RECOMMENDATIONS re 74 MOTION for Sanctions for Defendant's Failure to Appear for Court-Ordered Depositions filed by Falcon Farms, Inc. Recommending that the motion for Sanctions be granted; that the Answer filed by Defendant R.D.P. Floral be stricken and default judgment as to liability entered against R.D.P. Floral; and, that the Counterclaim filed by R.D.P. Floral be dismissed. Objections to R&R due by 9/29/2008. Signed by Magistrate Judge Andrea M. Simonton on 9/11/08. (AMS)
September 30, 2008
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ORDER granting 74 Motion for Sanctions; adopting Report and Recommendations re 82 Report and Recommendations. Striking defendant's Answer; Dismissing defendant's Counterclaim; Directing Clerk of Court to Enter Default against defendant; Motion for Default Final Judgment due by 10/7/2008. Signed by Judge Ursula Ungaro on 9/30/2008. (ls)