St. Johns County Board of County Commissioners prevailed in an an appeal by GRAND OAKS dodgy developer to escape its commitment to pay the County $60,000,000 for SR 16 road improvements:
NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
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No. 24-13385
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SOUTHEAST DEVELOPMENT PARTNERS, LLC,
a Florida limited liability company,
SOUTHEAST LAND VENTURES, LLC,
a Florida limited liability company,
Plaintiffs-Counter Defendants-Appellants,
versus
ST. JOHNS COUNTY, FLORIDA,
a political subdivision of the State of Florida,
Defendant-Third Party Plaintiff-Counter Claimant-Appellee,
DAYLATE ENTERPRISES, INC.,
a Florida for-profit corporation,
Third Party Defendant-Counter Defendant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 3:23-cv-00846-CRK-PDB
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Read Court of Appeals decision here:
Court of Appeals docket;
| General Docket United States Court of Appeals for the Eleventh Circuit |
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| SOUTHEAST DEVELOPMENT PARTNERS, LLC, a Florida limited liability company, SOUTHEAST LAND VENTURES, LLC, a Florida limited liability company, Plaintiffs - Counter Defendants - Appellants, versus ST. JOHNS COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendant - Third Party Plaintiff - Counter Claimant - Appellee, DAY LATE ENTERPRISES, INC., a Florida for-profit corporation, Third Party Defendant - Counter Defendant. |
U.S. District Court docket:
U.S. District Court
Middle District of Florida (Jacksonville)
CIVIL DOCKET FOR CASE #: 3:23-cv-00846-CRK-PDB
Southeast Development Partners, LLC et al v. St. Johns County, Florida Assigned to: Intl Trade Judge Claire R. Kelly Referred to: Magistrate Judge Patricia D. Barksdale
| Date Filed: 07/20/2023 Date Terminated: 09/13/2024 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Southeast Development Partners, LLC a Florida limited liability company | represented by | Glenn Thomas Burhans , Jr. Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA 106 East College Avenue, Suite 700 Tallahassee, FL 32301 850/222-6891 Fax: 850/681-0207 Email: gburhans@stearnsweaver.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Desloge Ellis Stearns Weaver Miller, P.A. 106 E. College Ave. Suite 700 Tallahassee, FL 32301 850-329-4856 Email: lellis@stearnsweaver.com ATTORNEY TO BE NOTICED Erin J. Tilton Stearns Weaver Miller Weissler Alhadeff & Sitterson P.A. Highpoint Center 106 E College Avenue Ste 700 Tallahassee, FL 32301 850-580-7200 Fax: 850-329-4844 Email: etilton@stearnsweaver.com ATTORNEY TO BE NOTICED Hannah Eleanor Murphy Stearns Weaver Miller 106 E College Ave Suite 7 Tallahassee, FL 32301 850-354-7629 Email: hmurphy@stearnsweaver.com ATTORNEY TO BE NOTICED Jacob T. Cremer Stearns Weaver Miller Land Development 401 E Jackson Street, Suite 2100 Tampa, FL 33602 813-222-5051 Email: jcremer@stearnsweaver.com ATTORNEY TO BE NOTICED Nicole Alexis Neugebauer Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 401 E. Jackson Street Suite 2100 Tampa, FL 33602 813-222-5016 Email: nneugebauer@stearnsweaver.com ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Southeast Land Ventures, LLC a Florida limited liability company | represented by | Glenn Thomas Burhans , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Desloge Ellis (See above for address) ATTORNEY TO BE NOTICED Erin J. Tilton (See above for address) ATTORNEY TO BE NOTICED Hannah Eleanor Murphy (See above for address) ATTORNEY TO BE NOTICED Jacob T. Cremer (See above for address) ATTORNEY TO BE NOTICED Nicole Alexis Neugebauer (See above for address) ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| St. Johns County, Florida a political subdivision of the State of Florida | represented by | Gregory Thomas Stewart Nabors, Giblin & Nickerson, PA Suite 200 1500 Mahan Dr Tallahassee, FL 32308 850/224-4070 Fax: 850-224-4073 Email: gstewart@ngn-tally.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Alain E. Boileau Nabors, Giblin & Nickerson, P.A. 8201 Peters Road, Suite 1000 Plantation, FL 33324 ATTORNEY TO BE NOTICED Carly J. Schrader Nabors, Giblin & Nickerson, PA Suite 200 1500 Mahan Dr Tallahassee, FL 32308 850/224-4070 Email: schraderc@flcourts.org ATTORNEY TO BE NOTICED Matthew Shaud Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive Suite 200 Tallahassee, FL 32308 850-224-4070 Email: mshaud@ngn-tally.com ATTORNEY TO BE NOTICED |
| Mediator | ||
| Carlos Alvarez TERMINATED: 11/15/2023 | represented by | Carlos Alvarez Mediation Services 847 East Park Ave Tallahassee, FL 32301 850/878-4033 TERMINATED: 11/15/2023 ATTORNEY TO BE NOTICED |
| Mediator | ||
| Ed Pantaleon TERMINATED: 02/05/2024 | represented by | Ed Pantaleon 7479 Conroy Windermere Rd Ste. B Orlando, FL 32835 PRO SE |
| Third Party Plaintiff | ||
| St. Johns County, Florida a political subdivision of the State of Florida | represented by | Gregory Thomas Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Alain E. Boileau (See above for address) ATTORNEY TO BE NOTICED Carly J. Schrader (See above for address) ATTORNEY TO BE NOTICED Matthew Shaud (See above for address) ATTORNEY TO BE NOTICED |
V. | ||
| Third Party Defendant | ||
| Day Late Enterprises, Inc. a Florida for-profit corporation TERMINATED: 09/10/2024 | represented by | Glenn Thomas Burhans , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Desloge Ellis (See above for address) ATTORNEY TO BE NOTICED Erin J. Tilton (See above for address) ATTORNEY TO BE NOTICED Hannah Eleanor Murphy (See above for address) ATTORNEY TO BE NOTICED Jacob T. Cremer (See above for address) ATTORNEY TO BE NOTICED Nicole Alexis Neugebauer (See above for address) ATTORNEY TO BE NOTICED |
| Counter Claimant | ||
| St. Johns County, Florida a political subdivision of the State of Florida | represented by | Gregory Thomas Stewart (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Alain E. Boileau (See above for address) ATTORNEY TO BE NOTICED Carly J. Schrader (See above for address) ATTORNEY TO BE NOTICED Matthew Shaud (See above for address) ATTORNEY TO BE NOTICED |
| Counter Defendant | ||
| Day Late Enterprises, Inc. a Florida for-profit corporation TERMINATED: 09/10/2024 | represented by | Glenn Thomas Burhans , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Desloge Ellis (See above for address) ATTORNEY TO BE NOTICED Erin J. Tilton (See above for address) ATTORNEY TO BE NOTICED Hannah Eleanor Murphy (See above for address) ATTORNEY TO BE NOTICED Jacob T. Cremer (See above for address) ATTORNEY TO BE NOTICED Nicole Alexis Neugebauer (See above for address) ATTORNEY TO BE NOTICED |
| Counter Defendant | ||
| Southeast Development Partners, LLC a Florida limited liability company | represented by | Glenn Thomas Burhans , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Desloge Ellis (See above for address) ATTORNEY TO BE NOTICED Erin J. Tilton (See above for address) ATTORNEY TO BE NOTICED Hannah Eleanor Murphy (See above for address) ATTORNEY TO BE NOTICED Jacob T. Cremer (See above for address) ATTORNEY TO BE NOTICED Nicole Alexis Neugebauer (See above for address) ATTORNEY TO BE NOTICED |
| Counter Defendant | ||
| Southeast Land Ventures, LLC a Florida limited liability company | represented by | Glenn Thomas Burhans , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Desloge Ellis (See above for address) ATTORNEY TO BE NOTICED Erin J. Tilton (See above for address) ATTORNEY TO BE NOTICED Hannah Eleanor Murphy (See above for address) ATTORNEY TO BE NOTICED Jacob T. Cremer (See above for address) ATTORNEY TO BE NOTICED Nicole Alexis Neugebauer (See above for address) ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 07/20/2023 | 1 | COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Seventh Judicial Circuit of Florida, case number 2023-CA-0306 filed in State Court on 03/14/2023. Filing fee $402, receipt number AFLMDC-21060621 filed by St. Johns County, Florida. (Attachments: # 1 State Court COMPLAINT Amended Complaint, # 2 State Court ANSWER Answer & Defenses to Amended Complaint, # 3 State Court Docket Sheet, # 4 State Court Other Documents Other Pleadings & Papers, # 5 Civil Cover Sheet Cover Sheet & Attachment)(Stewart, Gregory) (Entered: 07/20/2023) |
| 07/20/2023 | 2 | NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Patricia D. Barksdale. New case number: 3:23-cv-00846-MMH-PDB. (JG) (Entered: 07/20/2023) |
| 07/20/2023 | 3 | CERTIFICATE of interested persons and corporate disclosure statement by St. Johns County, Florida. (Stewart, Gregory) (Entered: 07/20/2023) |
| 07/20/2023 | 4 | NOTICE of Appearance by Erin J. Tilton on behalf of Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Development Partners, LLC, Southeast Land Ventures, LLC, Southeast Land Ventures, LLC (Tilton, Erin) (Entered: 07/20/2023) |
| 07/21/2023 | 5 | AMENDED COMPLAINT for Declaratory, Injunctive, and Other Relief with Jury Demand. filed by Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(JDR) (Entered: 07/21/2023) |
| 07/21/2023 | 6 | CORPORATE Disclosure Statement by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Development Partners, LLC, Southeast Land Ventures, LLC, Southeast Land Ventures, LLC. (Tilton, Erin) (Entered: 07/21/2023) |
| 07/24/2023 | 7 | 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). (JW) (Entered: 07/24/2023) |
| 07/24/2023 | 8 | NOTICE TO COUNSEL Carly J. Schrader, Matthew Shaud and Gregory Thomas Stewart of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) (Entered: 07/24/2023) |
| 07/24/2023 | 9 | NOTICE of Lead Counsel Designation by Gregory Thomas Stewart on behalf of St. Johns County, Florida. Lead Counsel: Gregory T. Stewart. (Stewart, Gregory) (Entered: 07/24/2023) |
| 07/26/2023 | 10 | AMENDED CORPORATE Disclosure Statement by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Development Partners, LLC, Southeast Land Ventures, LLC, Southeast Land Ventures, LLC. Amendment to 6 Corporate Disclosure Statement (Tilton, Erin). Modified on 7/26/2023 to edit docket text (BCB). (Entered: 07/26/2023) |
| 07/27/2023 | 11 | Unopposed MOTION for Extension of Time to Respond to Defendant/Counter-Plaintiff's Amended Counterclaim by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Tilton, Erin) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 7/28/2023, to edit text) (BGR). (Entered: 07/27/2023) |
| 08/03/2023 | 12 | Southeast Land Ventures, LLC's ANSWER and affirmative defenses to Complaint to St. Johns County's Amended Counterclaim by Southeast Land Ventures, LLC, Southeast Land Ventures, LLC.(Tilton, Erin) (Entered: 08/03/2023) |
| 08/03/2023 | 13 | Southeast Development Partners, LLC's ANSWER and affirmative defenses to Complaint to St. Johns County's Amended Counterclaim by Southeast Development Partners, LLC, Southeast Development Partners, LLC.(Tilton, Erin) (Entered: 08/03/2023) |
| 08/04/2023 | 14 | ENDORSED ORDER granting 11 the unopposed motion for an extension of time. The Court accepts as timely 12, 13 the pleadings by Southeast Land Ventures, LLC, and Southeast Development Partners, LLC. The deadline for Day Late Enterprises, Inc., to respond to [1-2] the counterclaims is extended to August 4, 2023. For future motions, counsel must comply with Local Rule 3.01(g)(2), which requires using the heading, "Local Rule 3.01(g) Certification." Signed by Magistrate Judge Patricia D. Barksdale on 8/4/2023. (DS) (Entered: 08/04/2023) |
| 08/04/2023 | 15 | MOTION to Dismiss Amended Counterclaim filed by Defendant/Counter-Plaintiff, St. Johns County, Florida by Day Late Enterprises, Inc. (Tilton, Erin) Modified on 8/4/2023 (CTR). (Entered: 08/04/2023) |
| 08/10/2023 | 16 | ANSWER and affirmative defenses to 5 Amended Complaint, AMENDED COUNTERCLAIM against Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC by St. Johns County, Florida. (Originally filed in State Court on 07/14/2023)(JDR) (Modified on 8/10/2023, to edit text) (BGR). (Entered: 08/10/2023) |
| 08/24/2023 | 17 | RESPONSE in Opposition re 15 MOTION to Dismiss Amended Counterclaim filed by Defendant/Counter-Plaintiff, St. Johns County, Florida filed by St. Johns County, Florida. (Stewart, Gregory) (Entered: 08/24/2023) |
| 08/28/2023 | 18 | CASE MANAGEMENT REPORT. (Stewart, Gregory) (Entered: 08/28/2023) |
| 08/29/2023 | 19 | CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Discovery due by 4/5/2024. Dispositive motions due by 4/26/2024. Conduct mediation hearing by 5/3/2024. Final Pretrial Conference set for 9/23/2024 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 10/7/2024 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 8/29/2023. (Attachments: # 1 Mediation Report Form, # 2 Court Docket)(JW) (Entered: 08/29/2023) |
| 08/31/2023 | 20 | Unopposed MOTION for Clarification re 19 Case Management Scheduling Order or in the Alternative Motion to Alter Schedule by St. Johns County, Florida. (Stewart, Gregory) (Entered: 08/31/2023) |
| 09/01/2023 | 21 | ENDORSED ORDER granting 20 Defendant/Counter-Plaintiff, St. Johns County, Florida's Unopposed Motion for Clarification or in the Alternative Motion to Alter Schedule. The deadline to file all other motions including motions in limine is September 3, 2024. Signed by Judge Marcia Morales Howard on 9/1/2023. (JW) (Entered: 09/01/2023) |
| 09/29/2023 | 22 | **STRICKEN and Removed per 23 Order** INITIAL Disclosures Pursuant to Rule 26(A) by Day Late Enterprises, Inc.(a Florida for-profit corporation), Southeast Development Partners, LLC(a Florida limited liability company), Southeast Development Partners, LLC, Southeast Land Ventures, LLC(a Florida limited liability company), Southeast Land Ventures, LLC (Tilton, Erin) (Modified on 10/2/2023, to edit text) (BGR). Modified on 10/4/2023 (SPM). (Entered: 09/29/2023) |
| 10/03/2023 | 23 | ORDER directing the Clerk of Court to remove from the docket 22 the discovery-related document. Signed by Magistrate Judge Patricia D. Barksdale on 10/3/2023. (DS) (Entered: 10/03/2023) |
| 11/01/2023 | 24 | Unopposed MOTION to Modify 19 Case Management Scheduling Order (as to Mediator) by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Development Partners, LLC, Southeast Land Ventures, LLC, Southeast Land Ventures, LLC. (Tilton, Erin) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 11/01/2023) |
| 11/08/2023 | 25 | ENDORSED ORDER. By November 15, 2023, Southeast Development Partners, LLC, Southeast Land Ventures, LLC, and Day Late Enterprises, Inc., must supplement 24 the motion to substitute the mediator to explain why suspension of Local Rule 4.02(a) is warranted. Signed by Magistrate Judge Patricia D. Barksdale on 11/8/2023. (DS) (Entered: 11/08/2023) |
| 11/15/2023 | 26 | MOTION to Supplement 24 Unopposed MOTION to Modify 19 Case Management Scheduling Order (as to Mediator), 25 Order by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Development Partners, LLC, Southeast Land Ventures, LLC, Southeast Land Ventures, LLC. (Attachments: # 1 Exhibit Form submission from_ Application to be a Certified Mediator11.14.23)(Tilton, Erin) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 11/15/2023) |
| 11/15/2023 | 27 | ORDER granting 24 the unopposed motion to substitute the mediator, 26 as supplemented, and designating Ed Pantaleon as the new mediator. Signed by Magistrate Judge Patricia D. Barksdale on 11/15/2023. (DS) (Entered: 11/15/2023) |
| 11/16/2023 | 28 | NOTICE of mediation conference/hearing to be held on January 29, 2024 at 9:00 a.m. ET before Ed Pantaleon. (Tilton, Erin) (Entered: 11/16/2023) |
| 12/29/2023 | 29 | Unopposed MOTION to Amend 16 Answer to amended complaint Counterclaim and Incorporated Memorandum of Law by St. Johns County, Florida. (Attachments: # 1 Exhibit Proposed Second Amended Counterclaim for Declaratory Judgment and Supplemental Relief)(Stewart, Gregory) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 12/29/2023) |
| 01/02/2024 | 30 | ORDER granting 29 St. Johns County's motion for leave to amend its amended counterclaim. By January 9, 2024, St. Johns County must file the pleading attached to the motion as a standalone docket entry. Signed by Magistrate Judge Patricia D. Barksdale on 1/2/2024. (DS) (Entered: 01/02/2024) |
| 01/03/2024 | 31 | Second Amended COUNTERCLAIM for Declaratory Judgment and Supplemental Relief against Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC filed by St. Johns County, Florida.(Stewart, Gregory) Modified on 1/3/2024 to edit docket text (AJS). (Entered: 01/03/2024) |
| 01/04/2024 | 32 | ORDER denying as moot 15 Day Late Enterprises, Inc.'s Motion to Dismiss Amended Counterclaim. Signed by Judge Marcia Morales Howard on 1/4/2024. (JW) (Entered: 01/04/2024) |
| 01/17/2024 | 33 | MOTION to Dismiss Second Amended Counterclaim and Incorporated Memorandum of Law by Day Late Enterprises, Inc. (Tilton, Erin) (Entered: 01/17/2024) |
| 01/17/2024 | 34 | REPLY to 31 Second Amended Counterclaim by Southeast Development Partners, LLC(a Florida limited liability company), Southeast Development Partners, LLC.(Tilton, Erin) Modified text on 1/18/2024 (JK). (Entered: 01/17/2024) |
| 01/17/2024 | 35 | REPLY to 31 Second Amended Counterclaim by Southeast Land Ventures, LLC(a Florida limited liability company), Southeast Land Ventures, LLC. (Tilton, Erin) Modified text on 1/18/2024 (JK). (Entered: 01/17/2024) |
| 02/05/2024 | 36 | MEDIATION report Hearing held on 1/29/2024. Hearing outcome: Impasse. (e-portal) (ELM) (Entered: 02/06/2024) |
| 02/06/2024 | 37 | RESPONSE in Opposition re 33 MOTION to Dismiss Second Amended Counterclaim and Incorporated Memorandum of Law filed by St. Johns County, Florida. (Stewart, Gregory) (Entered: 02/06/2024) |
| 04/03/2024 | 38 | **DOCUMENT REMOVED PER ORDER 39** NOTICE by Southeast Development Partners, LLC Of Postponement Of Depositions (Burhans, Glenn) Modified text on 4/4/2024 (KME). (Entered: 04/03/2024) |
| 04/04/2024 | 39 | ORDER directing the clerk to remove from the docket 38 the discovery-related document. See the order for more details. Signed by Magistrate Judge Patricia D. Barksdale on 4/4/2024. (AMH) (Entered: 04/04/2024) |
| 04/22/2024 | 40 | Joint MOTION to File Excess Pages in Parties' Motions for Summary Judgment by St. Johns County, Florida. (Shaud, Matthew) (Entered: 04/22/2024) |
| 04/23/2024 | 41 | ENDORSED ORDER granting 40 Joint Motion for Leave to Exceed Page Limit in Parties' Motions for Summary Judgment. Each side is permitted to file a 50-page motion for summary judgment. Signed by Judge Marcia Morales Howard on 4/23/2024. (JW) (Entered: 04/23/2024) |
| 04/26/2024 | 42 | NOTICE by St. Johns County, Florida of Filing Exhibits in Support of Summary Judgment (Attachments: # 1 Exhibit Exh 1 - Deposition Transcript of Dennis Smith, # 2 Exhibit Exh 2 - Deposition Transcript of Dick D'Souza, # 3 Exhibit Exh 3 - Deposition Transcript of Keith Hyatt 3.13.24, # 4 Exhibit Exh 3 - Deposition Transcript of Keith Hyatt 3.13.24, # 5 Exhibit Exh 3 - Deposition Transcript of Keith Hyatt 3.13.24, # 6 Exhibit Exh 4 - Deposition Transcript of Marc Harris, # 7 Exhibit Exh 4 - Deposition Transcript of Marc Harris, # 8 Exhibit Exh 5 - Deposition Transcript of Jan Trantham, # 9 Exhibit Exh 5 - Deposition Transcript of Jan Trantham, # 10 Exhibit Exh 6 - Deposition Transcript of Phong Nguyen, # 11 Exhibit Exh 7 - Deposition Transcript of Christine Valliere, # 12 Exhibit Exh 8 - Deposition Transcript of Ellen Avery-Smith, # 13 Exhibit Exh 8 - Deposition Transcript of Ellen Avery-Smith, # 14 Exhibit Exh 9 - Deposition Transcript of William Schaefer, # 15Exhibit Exh 10 - Deposition Transcript of Rajesh Chindalur, # 16 Exhibit Exh 10 - Deposition Transcript of Rajesh Chindalur, # 17 Exhibit Exh 11 - Declaration of Michael Roberson, # 18 Exhibit Exh 11 - Declaration of Michael Roberson, # 19 Exhibit Exh 12 - Deposition Transcript of Wade Schroeder, # 20 Exhibit Exh 13 - Deposition Transcript of Keith Hyatt 9.27.23, # 21 Exhibit Exh 14 - Deposition Transcript of Jesse Dunn 12.8.23, # 22 Exhibit Exh 15 - Transcript Excerpt of 7.17.18 BOCC meeting, # 23 Exhibit Exh 16 - Article XI Concurrency Management from LDC, # 24 Exhibit Exh 17 - Section A Land Use Element from 2025 Comp Plan, # 25 Exhibit Exh 18 - Fla. Admin Code and adopted Uniform Account System)(Schrader, Carly) (Entered: 04/26/2024) |
| 04/26/2024 | 43 | NOTICE to the Courts to take judicial notice regarding Exhibits Filed in Support of St. Johns County's Motion for Summary Judgment by St. Johns County, Florida. (Schrader, Carly) (Entered: 04/26/2024) |
| 04/26/2024 | 44 | MOTION for Summary Judgment and Memorandum of Law in Support by St. Johns County, Florida. (Schrader, Carly) (Entered: 04/26/2024) |
| 04/26/2024 | 45 | NOTICE to the Courts to take judicial notice regarding Exibits in Support of Motion for Partial Summary Judgment by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Ellis, Elizabeth) (Entered: 04/26/2024) |
| 04/26/2024 | 46 | NOTICE by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC re 45 Notice to take judicial notice Exhibits Referenced in Unopposed Motion for Judicial Notice (Attachments: # 1 Exhibit 1A - EO 17-146, # 2 Exhibit 1B - EO 17-177, # 3 Exhibit 1C - EO 17-230, # 4 Exhibit 1D - EO 17-285, # 5 Exhibit 1E - EO 17-329, # 6 Exhibit 1F - EO 18-47, # 7 Exhibit 1G - EO 18-177, # 8 Exhibit 1H - EO 18-235, # 9 Exhibit 1I - EO 18-279, # 10 Exhibit 1J - EO 18-362, # 11 Exhibit 1K - EO 19-36, # 12 Exhibit 1L - EO 18-110, # 13 Exhibit 1M - EO 19-189, # 14 Exhibit 1N - EO 19-206, # 15 Exhibit 1O - EO 19-234, # 16 Exhibit 1P - EO 19-281, # 17 Exhibit 1Q - EO 20-43, # 18 Exhibit 1R - EO 20-106, # 19 Exhibit 1S - EO 19-190, # 20Exhibit 1T - EO 17-259, # 21 Exhibit 1U - EO 17-304, # 22 Exhibit 1V - EO 18-17, # 23 Exhibit 1W - EO 18-80, # 24 Exhibit 1X - EO 18-135, # 25 Exhibit 1Y - EO 18-214, # 26 Exhibit 1Z - EO 18-281, # 27 Exhibit 1AA - EO 18-236, # 28 Exhibit 1BB - EO 20-52, # 29 Exhibit 1CC - EO 20-114, # 30 Exhibit 1DD - EO 20-166, # 31 Exhibit 1EE - EO 20-213, # 32 Exhibit 1FF - EO 20-276, # 33 Exhibit 1GG - EO 20-316, # 34 Exhibit 1HH - EO 21-45, # 35 Exhibit 1II - EO 21-94, # 36 Exhibit 1JJ - EO 18-253, # 37 Exhibit 2 - St. Johns County Concurrency Mgmt Ordinance, Article XI of the Land Dev. Code, # 38 Exhibit 3A - SJC MPSJ as to Ct I in Circuit Case 23-1265, # 39 Exhibit 3B - SEDP MSJ as to Ct I and II in Circuit Case 23-1265)(Ellis, Elizabeth) (Entered: 04/26/2024) |
| 04/26/2024 | 47 | MOTION for Partial Summary Judgment by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Ellis, Elizabeth) (Entered: 04/26/2024) |
| 04/26/2024 | 48 | NOTICE by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC re 47 MOTION for Partial Summary Judgment Notice of Filing Exhibits in Support of Motion for Partial Summary Judgment (Attachments: # 1 Exhibit Attachment A - Declaration of Elizabeth Desloge Ellis, # 2 Exhibit Ex. 1 - Depo Transcript of Junyao "Joy" Andrews, # 3 Exhibit Ex. 2 - Depo Transcript of Ellen Avery-Smith, # 4 Exhibit Ex. 3 - Depo Transcript of Rajesh Chindalur (part 1), # 5 Exhibit Ex. 3 - Depo Transcript of Rajesh Chindalur (part 2), # 6 Exhibit Ex. 4 - Depo Transcript of Richard "Dick" D'Souza, # 7 Exhibit Ex. 5 - Depo Transcript of Jesse Dunn, # 8 Exhibit Ex. 6 - Depo Transcript of Marc Harris, # 9 Exhibit Ex. 7 - Depo Transcript of Keith Hyatt, # 10 Exhibit Ex. 8 - Depo Transcript of William "Bill" Earnest Schaefer, II, # 11 Exhibit Ex. 9 - Depo Transcript of Clayton "Wade" Schroeder, # 12 Exhibit Ex. 10 - Depo Transcript of Jan Trantham, # 13 Exhibit Ex. 11 - Depo Transcript of Christine Valliere, # 14 Exhibit Ex. 12 - Depo Transcript of Jesse Dunn in Case No. CA23-1265, # 15 Exhibit Ex. 13 - Concurrency and Impact Fee Credit Agmt, # 16 Exhibit Ex. 14 - Assignment of Development Rights, # 17 Exhibit Ex. 15 - SJC Response to SEDP 1st RFA, # 18 Exhibit Ex. 16 - Declaration of Ellen Avery-Smith, # 19 Exhibit Ex. 16A - 11/26/18 Grand Oaks EO Ext, # 20 Exhibit Ex. 16B - 11/27/18 Grand Oaks EO Ext, # 21 Exhibit Ex. 16C - 3/5/20 Grand Oaks EO Ext, # 22 Exhibit Ex. 16D - 8/18/21 Grand Oaks EO Ext, # 23Exhibit Ex. 16E - 9/8/21 Grand Oaks EO Ext)(Ellis, Elizabeth) (Entered: 04/26/2024) |
| 04/29/2024 | 49 | SUMMARY JUDGMENT NOTICE AND COURTESY COPIES. Signed by Deputy Clerk on 4/29/2024. (JW) (Entered: 04/29/2024) |
| 05/17/2024 | 50 | RESPONSE in Opposition re 47 MOTION for Partial Summary Judgment filed by St. Johns County, Florida. (Schrader, Carly) (Entered: 05/17/2024) |
| 05/17/2024 | 51 | RESPONSE in Opposition re 44 MOTION for Summary Judgment and Memorandum of Law in Support filed by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Ellis, Elizabeth) (Entered: 05/17/2024) |
| 05/31/2024 | 52 | REPLY to Response to Motion re 44 MOTION for Summary Judgment and Memorandum of Law in Support filed by St. Johns County, Florida. (Shaud, Matthew). (Entered: 05/31/2024) |
| 05/31/2024 | 53 | REPLY to Response to Motion re 47 MOTION for Partial Summary Judgment filed by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Tilton, Erin). (Entered: 05/31/2024) |
| 06/20/2024 | 54 | MOTION to Compel Depositions by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Attachments: # 1 Exhibit A - 2.20.24 email from Counter-Defendants requesting for depo dates, # 2 Exhibit B - Notice of Deposition of Commissioner Christian Whitehurst - 4.3.2024, # 3 Exhibit C - Notice of Deposition of Commissioner Sarah Arnold - 4.5.2024, # 4 Exhibit D - Second Amended Notice of Deposition of Commissioners - 4.5.2024, # 5 Exhibit E - 4.3.24 email from County agreeing to postpone Commissioner Depositions, # 6 Exhibit F - 6.2.24 email from Counter-Defendants requesting for available dates to take Commissioner depos, # 7 Exhibit G - 6.6.24 email from Counter-Defendants re follow up re placeholder dates for Commissioner depos, # 8 Exhibit H - 6.7.24 email from County not agreeing to reschedule Commissioner depos, # 9 Exhibit I - St Johns County Rule 26(a) Initial Disclosures)(Ellis, Elizabeth) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 06/20/2024) |
| 07/03/2024 | 55 | RESPONSE in Opposition re 54 MOTION to Compel Depositions filed by St. Johns County, Florida. (Attachments: # 1 Exhibit A - Plfs' Notice of Postponement of Depositions)(Stewart, Gregory) Modified text on 7/8/2024 (GL). (Entered: 07/03/2024) |
| 07/09/2024 | 56 | ORDER denying 54 the motion to compel. Signed by Magistrate Judge Patricia D. Barksdale on 7/9/2024. (AMH) (Entered: 07/09/2024) |
| 07/31/2024 | 57 | ORDER REASSIGNING CASE to Judge Claire R. Kelly. Signed by Judge Marcia Morales Howard on 7/31/2024. (JW) (Entered: 07/31/2024) |
| 08/01/2024 | 58 | Case Reassigned to Intl Trade Judge Claire R. Kelly. New case number: 3:23-cv-846-CRK-PDB. Judge Marcia Morales Howard no longer assigned to the case. (MDC) (Entered: 08/01/2024) |
| 08/07/2024 | 59 | COUNSEL NOTIFIED TO REFILE USING CORRECT CASE EVENT -- NOTICE, Consent, and Reference of a Civil Action to a Magistrate Judge by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC (Burhans, Glenn) Modified text on 8/7/2024 (JK). (Entered: 08/07/2024) |
| 08/07/2024 | 60 | NOTICE re 59 Consent Form. The Court does not intend to refer the instant action to a magistrate judge at this time. Signed by Judge Claire R. Kelly on 8/7/2024. (MHM) (Entered: 08/07/2024) |
| 09/03/2024 | 61 | NOTICE to the Courts to take judicial notice regarding Exhibits for Trial by St. Johns County, Florida. (Attachments: # 1 Exhibit Exhibit A - October 2019 Transportation Site Impact Handbook, # 2Exhibit Exhibit B - Site Impact Applications Guide)(Schrader, Carly) (Entered: 09/03/2024) |
| 09/03/2024 | 62 | MOTION In Limine regarding Evidence and Argument of Unpled Claims, Including Testimony of George Deakin, P.E. by St. Johns County, Florida. (Attachments: # 1 Exhibit A - Revised Expert Witness Report of George Deakin, # 2 Exhibit B - Deposition Testimony of George Deakin taken March 29, 2024)(Schrader, Carly) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 9/4/2024 to edit text (ELA). (Entered: 09/03/2024) |
| 09/03/2024 | 63 | ENDORSED ORDER granting 61 Unopposed Motion for Judicial Notice of Exhibits for Trial. Signed by Intl Trade Judge Claire R. Kelly on 9/3/2024. (MHM) (Entered: 09/03/2024) |
| 09/03/2024 | 64 | Unopposed MOTION for Miscellaneous Relief, specifically Judicial Notice by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Attachments: # 1Exhibit 1A - EO 17-146, # 2 Exhibit 1B - EO 17-177, # 3 Exhibit 1C - EO 17-230, # 4 Exhibit 1D - EO 17-285, # 5 Exhibit 1E - EO 17-329, # 6 Exhibit 1F - EO 18-47, # 7 Exhibit 1G - EO 18-177, # 8 Exhibit 1H - EO 18-235, # 9 Exhibit 1I - EO 18-279, # 10 Exhibit 1J - EO 18-362, # 11 Exhibit 1K - EO 19-36, # 12 Exhibit 1L - EO 18-110, # 13 Exhibit 1M - EO 19-189, # 14 Exhibit 1N - EO 19-206, # 15 Exhibit 1O - EO 19-234, # 16 Exhibit 1P - EO 19-281, # 17 Exhibit 1Q - EO 20-43, # 18 Exhibit 1R - EO 20-106, # 19 Exhibit 1S - EO 19-190, # 20 Exhibit 1T - EO 17-259, # 21Exhibit 1U - EO 17-304, # 22 Exhibit 1V - EO 18-17, # 23 Exhibit 1W - EO 18-80, # 24 Exhibit 1X - EO 18-135, # 25 Exhibit 1Y - EO 18-214, # 26 Exhibit 1Z - EO 18-281, # 27 Exhibit 1AA - EO 18-236, # 28 Exhibit 1BB - EO 20-52, # 29 Exhibit 1CC - EO 20-114, # 30 Exhibit 1DD - EO 20-166, # 31 Exhibit 1EE - EO 20-213, # 32 Exhibit 1FF - EO 20-276, # 33 Exhibit 1GG - EO 20-316, # 34 Exhibit 1HH - EO 21-45, # 35 Exhibit 1II - EO 21-94, # 36 Exhibit 1JJ - EO 18-253, # 37 Exhibit 2 - St. Johns County Concurrency Mgmt Ordinance, Article XI of the Land Dev. Code, # 38Exhibit 3A - SJC MPSJ as to Ct I in Circuit Case 23-1265, # 39 Exhibit 3B - SEDP MSJ as to Ct I and II in Circuit Case 23-1265, # 40 Exhibit 4A - FDOT 2013 QLOS Handbook, # 41 Exhibit 4B - TCBP Final Report)(Ellis, Elizabeth) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 09/03/2024) |
| 09/04/2024 | 65 | ENDORSED ORDER granting 64 Unopposed Motion for Judicial Notice. Signed by Intl Trade Judge Claire R. Kelly on 9/4/2024. (MHM) (Entered: 09/04/2024) |
| 09/06/2024 | 66 | NOTICE of Rule 26(a)(3) Pretrial Disclosures (Attachments: # 1 Exhibit A - St. Johns County's Trial Exhibit List) by St. Johns County, Florida (Schrader, Carly) Modified on 9/9/2024 as to docket text (ARL). (Entered: 09/06/2024) |
| 09/06/2024 | 67 | NOTICE Pretrial Disclosures Pursuant to Rule 26(A) (Attachments: # 1 Exhibit A - Trial Exhibits) by Day Late Enterprises, Inc., Southeast Development Partners, LLC, Southeast Land Ventures, LLC (Ellis, Elizabeth) (Entered: 09/06/2024) |
| 09/10/2024 | 68 | ORDER granting 33 Day Late Enterprises, Inc.'s Motion to Dismiss, and dismissing Day Late Enterprises, Inc. from the action without prejudice. See Order for details and directions to the Clerk. Signed by Intl Trade Judge Claire R. Kelly on 9/10/2024. (MHM) (Entered: 09/10/2024) |
| 09/13/2024 | 69 | ORDER granting 44 Motion for Summary Judgment, and denying 47 Motion for Partial Summary Judgment. Judgment will enter accordingly. See Order for details. Signed by Intl Trade Judge Claire R. Kelly on 9/13/2024. (MHM) (Entered: 09/13/2024) |
| 09/13/2024 | 70 | JUDGMENT. Signed by Intl Trade Judge Claire R. Kelly on 9/13/2024. (BGR) (Entered: 09/13/2024) |
| 09/13/2024 | 71 | NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (BGR) (Entered: 09/13/2024) |
| 09/24/2024 | 72 | ATTORNEY NOTIFIED TO REFILE USING CORRECT EVENT. NOTICE of Filing Bill of Costs by St. Johns County, Florida of Filing Bill of Costs (Attachments: # 1 Collective Exhibit A - Bill of Costs, # 2 Exhibit B - Affidavit of Verification)(Stewart, Gregory) Modified docket text on 9/25/2024 (EVK). (Entered: 09/24/2024) |
| 09/25/2024 | 73 | PROPOSED BILL OF COSTS by St. Johns County, Florida. (Attachments: # 1 Exhibit Collective Exhibit A - Bill of Costs, # 2 Exhibit Exhibit B - Affidavit of Verification)(Stewart, Gregory) (Entered: 09/25/2024) |
| 10/14/2024 | 74 | NOTICE OF APPEAL as to 70 Judgment by Southeast Development Partners, LLC, Southeast Land Ventures, LLC. Filing fee $ 605, receipt number AFLMDC-22607459. (Attachments: # 1 Exhibit A - Judgment)(Burhans, Glenn) (Entered: 10/14/2024) |
| 10/16/2024 | 75 | BILL OF COSTS taxed against Plaintiffs/Counter-Defendants in the amount of $22,177.48. Signed by Deputy Clerk. (SJW) (Entered: 10/16/2024) |
| 10/17/2024 | 76 | TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 74 Notice of Appeal. (ABM) (Entered: 10/17/2024) |
| 10/23/2024 | 77 | MOTION to Stay re 75 Bill of costs Pending Appeal by Southeast Development Partners, LLC, Southeast Land Ventures, LLC. (Ellis, Elizabeth) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 10/23/2024) |
| 11/05/2024 | 78 | TRANSCRIPT information form filed by Southeast Development Partners, LLC, Southeast Land Ventures, LLC re 74 Notice of Appeal. USCA number: 24-13385. No transcript(s) requested. (Burhans, Glenn) (Entered: 11/05/2024) |
| 11/05/2024 | 79 | RESPONSE in Opposition re 77 MOTION to Stay re 75 Bill of costs Pending Appeal filed by St. Johns County, Florida. (Attachments: # 1 Exhibit A - 2024.10.03 Notice to County)(Shaud, Matthew) Modified docket text on 11/6/2024 (EVK). (Entered: 11/05/2024) |
| 11/13/2024 | 80 | ORDER denying 77 Motion to Stay. See Order for details. Signed by Intl Trade Judge Claire R. Kelly on 11/13/2024. (MHM) (Entered: 11/13/2024) |
| 11/27/2024 | Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 74 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 24-13385-AA (SJW) (Entered: 11/27/2024) | |
| 08/07/2026 | 81 | USCA OPINION - AFFIRMED IN PART, VACATED IN PART, AND REMANDED as to 74 Notice of Appeal filed by Southeast Land Ventures, LLC, Southeast Development Partners, LLC. USCA number: 24-13385-AA. Mandate to be issued at a later date. (SJW) (Entered: 08/10/2026) |
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