Ballz Booted from Court

Via Yelp: Marcus Q.

Sean David’s explosive lawsuit against the city of Wilton Manors has imploded. David, former owner of Ballz, a gay sports bar in Wilton Manors, recently sued the city claiming he had been run out of town.

Last week though, United States District Court Judge William Dimitrouleas gave Ballz the boot, throwing the case out of federal court. The South Florida jurist, appointed to the federal bench by President Bill Clinton in 1992, entered a final order of default against the plaintiff, American Dreams Entertainment, Sean David’s corporation.

David had touted the complaint around town, saying that when he opened the club Ballz on Wilton Drive in January of 2016, the city “had it in for him,” and harassed him at every turn.

His attorney, George Castrataro, had filed a lawsuit in January, alleging that the city interfered with his opening and operation of the business, impeding its success.

After the suit was filed however, the City of Wilton Manors engaged special counsel Christopher Stearns of Fort Lauderdale, to respond.  He answered the claims with a fiery motion to dismiss, arguing that David’s suit was specious and without merit, failing to articulate a single legal claim that could withstand judicial scrutiny.

Castrataro’s response was due by January 31, 2019, but nothing was filed. When the court management system saw that no responsive pleadings had been filed in David’s behalf by February 19, Judge Dimtrouleas extended the time for a reply, but entered a ‘show cause’ order, requiring the plaintiff to file it by Tuesday, February 26, or risk having the case dismissed.

However, on Feb. 27, no reply having been filed, the court, within its powers, entered an order of default against the plaintiff. 

A final judgment and order of the court dismissing David’s complaint was then recorded on Feb. 27.

The city of Wilton Manors legal counsel’s office would not comment on the case while it is pending.  It is now determining whether to seek legal fees against the plaintiff.

For David to proceed again under the same complaint, he would have to first file for permission and leave of the court to do so.

Castrataro told SFGN that he is considering his options, as he still maintains that his client was wrongly persecuted by city officials.

 

 

 

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