John Antoon II
How Judge Antoon rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Antoon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On ERISA benefit-denial review, applies a deferential, record-bound approach — upholding a denial that is not 'de novo wrong' and treating pain without significant objective findings as insufficient proof of disability.
“Mr. Ramdeen's Motion for Summary Judgment must be denied and Defendants' Motion for Summary Judgment is due to be granted.”
On Computer Fraud and Abuse Act claims, polices the access-versus-use line, following the circuit's broad reading of 'exceeds authorized access' for employees who access data for a disloyal purpose.
“Aquent sufficiently stated a cause of action under, and the motion to dismiss must be denied as to, 18 U.S.C. § 1030(a)(2)(C) and (a)(4). Because § 1030(a)(5)(C) requires the conduct to have been done without authorization and Aquent concedes that Stapleton had authorization, Aquent fails to state a claim under § 1030(a)(5)(C).”
For a misleading rather than literally false advertisement, requires evidence that consumers were actually deceived. A lay witness's single impression did not substitute for a survey, market research, or expert proof in Suntree.
“Suntree has provided no survey evidence or expert testimony regarding customer deception.”
Procedural preferences
Sequences claims — dismisses legally foreclosed theories (such as RICO and emotional-distress counts) with prejudice, then resolves the surviving claims on summary judgment.
“Plaintiffs' RICO claim is therefore DISMISSED with prejudice.... Count Four is therefore DISMISSED with prejudice.”
Does not resolve qualified immunity at summary judgment when material eyewitness accounts conflict. In Burks, the plaintiff's account of whether a knife was dropped and whether the victim threatened anyone required a jury rather than judicial fact selection.
“The Court must construe the facts as to what occurred at the scene in Plaintiffs favor at this stage of the case; under Jack’s version of the facts, qualified immunity cannot be granted.”
Cautions
Holds Title VII disparate-treatment plaintiffs to the Eleventh Circuit's strict 'nearly identical' comparator standard at summary judgment.
“the Court concludes that Defendant's Motion for Summary Judgment must be granted as to all of Plaintiffs claims.”
At the Rule 12(b)(6) stage, Antoon generally confines review to the complaint and its attachments and declines to use disputed motion exhibits when their consideration is better suited to summary judgment.
“Following the general rule on a motion to dismiss, the Court considers the complaint and the exhibits attached to the complaint but does not consider the exhibits attached to the CoAdvantage Defendants' motion to dismiss.”
Treats timely reporting as part of coverage under a claims-made-and-reported policy, not merely a cooperation condition requiring prejudice. A claimant seeking to enforce a consent judgment must plead facts establishing that coverage attached.
“If the claim is reported to the insurer during the policy period, then the carrier is legally obligated to pay; if the claim is not reported during the policy period, no liability attaches.”
Does not transform an employer's overtime-classification decision into an ERISA fiduciary act merely because the decision affects benefit calculations. The plan administrator may follow plan terms based on compensation actually paid.
“The business decision whether to classify employees as ‘exempt’ or ‘nonexempt’ for FLSA overtime purposes may have an impact on an ERISA plan, but that does not render the claims based on that classification decision ERISA claims.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court concludes that Defendant's Motion for Summary Judgment must be granted as to all of Plaintiffs claims.”
“Plaintiffs' RICO claim is therefore DISMISSED with prejudice.... Count Four is therefore DISMISSED with prejudice.”
“Counts One (RESPA) and Two (Fraudulent Misrepresentation) do not survive Defendants' Motion for Summary Judgment.”
“Mr. Jones's motion for summary judgment (Doc. 89) as to FedEx's counterclaim must be granted, and Defendants' motion for summary judgment (Doc. 41) must be granted in part and denied in part.”
“Mr. Ramdeen's Motion for Summary Judgment must be denied and Defendants' Motion for Summary Judgment is due to be granted.”
“Aquent sufficiently stated a cause of action under, and the motion to dismiss must be denied as to, 18 U.S.C. § 1030(a)(2)(C) and (a)(4). Because § 1030(a)(5)(C) requires the conduct to have been done without authorization and Aquent concedes that Stapleton had authorization, Aquent fails to state a claim under § 1030(a)(5)(C).”
“The Court granted the motion and announced that the findings of fact and conclusions of law required by Rule 52 would be issued in writing.... Defendants are entitled to judgment on the federal claim because Harrington gave prior express consent to receive calls on his cell phone about the loan at issue, and RoundPoint prevails on the state law claim because Harrington did not establish by a preponderance of the evidence that RoundPoint's calls were harassing or abusive.”
“Defendants' motions (Docs. 14 & 18) are GRANTED in part and DENIED in part.”
“The counts against CoAdvantage Corp. and the breach-of-fiduciary-duty counts against CoAdvantage Resources and Unum are DISMISSED without prejudice. The motions are otherwise denied.”
“ACE’s Motion to Dismiss (Doc. 11) is hereby GRANTED and the Complaint (Doc. 2) is DISMISSED without prejudice. If Jennings is able to remedy the pleading deficiencies, it may file an Amended Complaint within fifteen days of the date of this Order.”
“Suntree’s Motion for Summary Judgment (Doc. 73) and Suntree’s Motion to Strike Defendants’ Summary Judgment Filings for Exceeding the Page Limit (Doc. 104) are DENIED;”
“EcoSense’s Motion for Summary Judgment (Doc. 75) and Dussich’s Motion for Summary Judgment (Doc. 76) are GRANTED;”
“Plaintiffs Partially Unopposed Motion to Extend the Time to Seek Attorneys’ Fees (Doc. 92) is GRANTED”
“Defendants’ Motion to Strike Paragraphs Three, Four, and Five of John Robertson’s Declaration (Doc. 93), Defendants’ Motion in Limine (Doc. 121), and Suntree’s Motion in Limine (Doc. 122) are DENIED as moot;”
“The Motion for Summary Judgment (Doc. 35) filed by Defendant Kevin Beary is GRANTED in part and DENIED without prejudice in part.”
“The Motion for Summary Judgment (Doc. 38) filed by Defendants Chester Parker and Brian Figueroa is DENIED.”
“Defendants’ Motion to Dismiss Plaintiff Walker’s ERISA Claims (Counts II and III) (Doc. 25) is GRANTED. Plaintiff Walker’s Counts II and III are hereby dismissed with prejudice.”
“Defendant Garrett's Motion for Summary Judgment (Doc. 57) is hereby DENIED.”
Caseload & timing
From public federal docket records for this judge.
The reviewed 2015 Orlando matters provide illustrative caseload context rather than weighted counts or a complete census. No authoritative caseload baseline was available.
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