Case Activity (1217)

1. Order | Filed: January 10, 2024 | Entered: January 10, 2024 Perez Maza v. Continental Motors Inc et al

   Airplane | Florida Southern

   Order Dismissing/Closing Case or Party Order Dismissing Party

   PAPERLESS ORDER dismissing this action without prejudice for failure to prosecute the case. First, Plaintiff failed to comply with the 38 Court's August 31, 2023 Order requiring him to retain new local counsel on or before September 29, 2023. Plaintiff also failed to appear for a Court-ordered status conference on January 10, 2024. As Plaintiff has provided no explanation for his failure to comply with these Orders, this case is DISMISSED without prejudice and CLOSED. Any pending motions are DENIED as moot. Signed by Judge Darrin P. Gayles on 1/10/2024. (nce)

2. Order | Filed: January 10, 2024 | Entered: January 10, 2024 Perez Maza v. Continental Motors Inc et al

   Airplane | Florida Southern

   Order Dismissing Party ~Util - Terminate Motions

   PAPERLESS ORDER granting 46 Defendant Continental Aerospace Technologies, Inc.'s Amended Motion to Dismiss ("Amended Motion"). The Amended Motion asserts that the "Continental Defendants" are not subject to personal jurisdiction in Florida. Plaintiff has not responded to the Amended Motion, [ECF No. 46], and Plaintiff failed to appear at the Court-ordered status conference on January 10, 2024. Therefore, the Court finds good cause to grant the Amended Motion by default. See A1 Procurement, LLC v. Hendry Corp., No. 11-23582-CIV, 2012 WL 6214546, at *3 (S.D. Fla. Dec. 13, 2012) ("Failure to respond to arguments in a motion to dismiss is a sufficient basis to dismiss such claims by default under [] Local Rule [7.1(c)]"); see also S.D. Fla. L.R. 7.1(c) ("[E]ach party opposing a motion shall serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default.").

   In its Amended Motion, Continental Aerospace Technologies, Inc. notes (and Plaintiff does not dispute) that it is formerly known as "Continental Motors, Inc."; that it became the successor to Defendant Continental Motors Services, Inc., after their merger; and that Defendant "Continental Motors Inc., d/b/a Continental Motors Group," never existed. [ECF No. 46 at 4-5]. Accordingly, the Amended Motion is granted as to Continental Aerospace Technologies, Continental Motors, Inc., and Continental Motors Services, Inc., and this action is DISMISSED without prejudice. Signed by Judge Darrin P. Gayles on 1/10/2024. (nce)

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