15 results for 'judge:"Mizelle"'.
J. Mizelle largely dismisses the consumer's purported class action against the laptop maker alleging that it overstated the durability of its laptop. The consumer lacks standing to assert the proposed class's claims under other states' consumer fraud statutes or to seek injunctive relief as a remedy for those claims, and his remaining claims are dismissed for failure to state a claim. One warranty count is dismissed as an impermissible shotgun pleading, but may be separated into three different counts in an amended pleading.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 27, 2024, Case #: 8:23cv250, NOS: Other Fraud - Torts - Personal Property, Categories: Product Liability, Class Action
J. Mizelle overrules and denies the judgment holder's objections to several orders by a magistrate judge in his action alleging efforts to evade enforcements of his judgment, and adopts the magistrate judge's report and recommendation resolving the parties' cross-motions for summary judgment. The judgment holder has not shown that a denial of a discovery request substantially harmed his case, nor that his proposed discovery was relevant and proportional. As to a second discovery request, the judgment holder has not shown that he had any right to more documents than the defendants produced, and his objections to a protective order were mooted along with the order itself. His objections to an order granting the defendants' motion to compel are also moot, and the magistrate judge correctly found that the defendants did not breach a confidentiality provision in the parties' agreement.
Court: USDC Middle District of Florida, Judge: Mizelle, Filed On: March 25, 2024, Case #: 8:20cv936, NOS: Fair Labor Standards Act - Labor, Categories: Enforcement Of Judgments, Discovery, Contract
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J. Mizelle finds that the district court properly convicted defendant of offenses including smuggling and conspiracy to violate the International Emergency Economic Powers Act and the Export Administration Regulations. Defendant tried to export rebreathers and other diving equipment to Libya. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant knew his conduct was illegal and that he willfully violated the export control laws. Defendant failed to show that he was prejudiced by the deviation between the evidence at trial and the allegations in the indictment. Although the district court incorrectly applied a section of the guidelines when sentencing defendant to 57 months in prison, the error was harmless. Affirmed.
Court: 11th Circuit, Judge: Mizelle, Filed On: December 20, 2023, Case #: 22-10256, Categories: Smuggling
J. Mizelle finds that the district court properly dismissed the detention officers' class action against the sheriff and county under the Fair Labor Standards Act alleging improper calculation of overtime wages. In his individual capacity, the sheriff is not an employer under the Act. In his official capacity, the sheriff is entitled to immunity when making compensation decisions for employees because he is an arm of the state. Affirmed.
Court: 11th Circuit, Judge: Mizelle, Filed On: September 14, 2023, Case #: 21-10162, Categories: Immunity, Class Action, Labor