Slep-Tone Entertainment Corporation v. Conrad et al
Filing
111
ORDER: The Motion to Vacate Default Judgment by Defendants Giuseppe Pirrone and Mona Lisa Italian Restaurant, Pizza and Lounge 108 is GRANTED and the Default Final Judgment and Permanent Injunction 93 is VACATED solely as to Defendants Giuseppe Pirrone and Mona Lisa Italian Restaurant, Pizza and Lounge. If Plaintiff intends to pursue its claims against Defendants Giuseppe Pirrone and Mona Lisa Italian Restaurant, Pizza and Lounge, Plaintiff shall file a new case and pay a filing fee within 14 days of this Order. Signed by Judge James S. Moody, Jr on 10/12/2012. (LN)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SLEP-TONE ENTERTAINMENT
CORPORATION,
Plaintiff,
v.
Case No. 8:11-cv-1686-T-30EAJ
CHRIS CONRAD, et al.,
Defendants.
_____________________________________/
ORDER
THIS CAUSE comes before the Court upon the Motion to Vacate Default Judgment
by Defendants Giuseppe Pirrone and Mona Lisa Italian Restaurant, Pizza and Lounge (Dkt.
108). Notably, Plaintiff failed to file a response to the motion and the time for doing so has
passed. Upon consideration of the motion, and being otherwise advised of the premises, the
Court concludes that the motion should be granted.
On April 5, 2012, the Court entered a Default Final Judgment and Permanent
Injunction against numerous defendants, including Defendants Giuseppe Pirrone and Mona
Lisa Italian Restaurant, Pizza and Lounge (Dkt. 93). On September 24, 2012, Defendants
filed the instant motion (Dkt. 108). Defendants contend that Defendant Giuseppe Pirrone
was proceeding in this matter pro se and had limited English proficiency. Defendants
contend that Mr. Pirrone responded directly to Plaintiff’s counsel and denied Plaintiff’s
allegations (Dkt. 96). Defendants also argue that they have meritorious defenses to
Plaintiff’s claims and Plaintiff will not be unduly prejudiced if the Court vacates the Default
Final Judgment and Permanent Injunction.
The Court concludes that the Default Final Judgment and Permanent Injunction
should be vacated, solely as to Defendants Giuseppe Pirrone and Mona Lisa Italian
Restaurant, Pizza and Lounge. Rule 60 of the Federal Rules of Civil Procedure permits relief
from a final judgment in the event of “mistake, inadvertence, surprise, or excusable neglect.”
Defendants’ motion establishes mistake and/or inadvertence. Also, Plaintiff did not file any
opposition to the motion. And any slight prejudice to Plaintiff is clearly outweighed by the
strong policy of determining cases on their merits.
Finally, in light of Plaintiff’s misjoinder of the Defendants in this case (which the
Court has addressed previously) and Defendants Giuseppe Pirrone and Mona Lisa Italian
Restaurant, Pizza and Lounge’s intention to file a response to the complaint, Plaintiff shall
file a new and separate case as to these Defendants (and pay a filing fee).
It is therefore ORDERED AND ADJUDGED that:
1.
The Motion to Vacate Default Judgment by Defendants Giuseppe Pirrone and
Mona Lisa Italian Restaurant, Pizza and Lounge (Dkt. 108) is GRANTED and
the Default Final Judgment and Permanent Injunction (Dkt. 93) is VACATED
solely as to Defendants Giuseppe Pirrone and Mona Lisa Italian Restaurant,
Pizza and Lounge.
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2.
If Plaintiff intends to pursue its claims against Defendants Giuseppe Pirrone
and Mona Lisa Italian Restaurant, Pizza and Lounge, Plaintiff shall file a new
case and pay a filing fee within fourteen (14) days of this Order.
DONE and ORDERED in Tampa, Florida on October 12, 2012.
Copies furnished to:
Counsel/Parties of Record
S:\Even\2011\11-cv-1686.mtvacate108.frm
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