WHAT HURTS, LLC v. Volvo Penta of the Americas, LLC
| What Hurts LLC |
| Volvo Penta Of The Americas, LLC |
| 2:2022cv00552 |
| December 23, 2022 |
| US District Court for the Eastern District of Virginia |
| Mark S Davis |
| Robert J Krask |
| Lawrence R Leonard |
| Contract: Marine |
| 28 U.S.C. § 1333 Admiralty |
| None |
Docket Report
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Filing 68
ORDER: Defendant's motion to continue is GRANTED in part, and the final pretrial conference and trial in this matter are continued. The Court will, however, utilize the first day of the previously scheduled trial (December 5, 2023, at 10:30 a.m.) for oral argument on Defendant's motion for summary judgment. The parties are INSTRUCTED to contact Courtroom Deputy Valerie Ward at 757-222-7213 to select: (1) a trial date in late January; and (2) a final pretrial conference date in January that is sufficiently in advance of the new trial date. The parties' proposed findings of fact and conclusions of law SHALL BE FILED at least seven (7) calendar days before the new trial date. Copies sent on 11.15.23. Signed by Chief District Judge Mark S. Davis and filed on 11/15/23. (epri, )
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Filing 67
REPLY to Response to Motion re #63 MOTION to Continue Defendant Volvo Penta of the Americas, LLC's Motion to Amend Scheduling Order and Continue Trial filed by Volvo Penta Of The Americas, LLC. (Abel, Christopher)
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Filing 66
RESPONSE in Opposition re #63 MOTION to Continue Defendant Volvo Penta of the Americas, LLC's Motion to Amend Scheduling Order and Continue Trial filed by What Hurts LLC. (Paul, Dustin)
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Filing 65
ORDER: Plaintiff is hereby instructed to file a responsive brief to Volvo Penta of the Americas, LLC' s Motion to Amend Scheduling Order no later than Wednesday, November 15, 2023, at 10:00 a.m. Defendant shall file a reply brief, if so inclined, no later than Wednesday, November 15, 2023, at 2:00 p.m. Signed by Chief District Judge Mark S. Davis and filed on 11/13/23. (epri, )
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Filing 64
Memorandum in Support re #63 MOTION to Continue Defendant Volvo Penta of the Americas, LLC's Motion to Amend Scheduling Order and Continue Trial filed by Volvo Penta Of The Americas, LLC. (Abel, Christopher)
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Filing 63
MOTION to Continue Defendant Volvo Penta of the Americas, LLC's Motion to Amend Scheduling Order and Continue Trial by Volvo Penta Of The Americas, LLC. (Abel, Christopher)
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Filing 62
REPLY to Response to Motion re #53 MOTION for Summary Judgment filed by Volvo Penta Of The Americas, LLC. (Abel, Christopher)
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Filing 61
RESPONSE in Opposition re #53 MOTION for Summary Judgment filed by What Hurts LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Paul, Dustin)
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Filing 60
ORDER: It is ADJUDGED, ORDERED and DECREED that What Hurts, LLC's Motion for Enlargement of Time to File Opposition to Motion for Summary Judgment is hereby GRANTED. What Hurts, LLC shall file its Opposition on or before noon on October 31, 2023. Signed by Magistrate Judge Robert J. Krask and filed on 10/31/23. (epri, )
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Filing 59
Memorandum in Support re #58 Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION for Summary Judgment filed by What Hurts LLC. (Paul, Dustin)
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Filing 58
Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION for Summary Judgment by What Hurts LLC. (Attachments: #1 Proposed Order)(Paul, Dustin)
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Filing 57
ORDER: It is ADJUDGED, ORDERED and DECREED that What Hurts, LLC's Motion for Enlargement of Time to File Opposition to Motion for Summary Judgment is hereby GRANTED. What Hurts, LLC shall file its Opposition on or before October 30, 2023. Defendant shall file any final brief in support of its Motion for Summary Judgment by November 10, 2023. Copies sent on 10.25.23. Signed by Magistrate Judge Robert J. Krask and filed on 10/25/23. (epri, )
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Filing 56
Memorandum in Support re #55 Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION for Summary Judgment filed by What Hurts LLC. (Paul, Dustin)
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Filing 55
Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION for Summary Judgment by What Hurts LLC. (Attachments: #1 Proposed Order Proposed Order)(Paul, Dustin)
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MOTIONS REFERRED to Magistrate Judge: Robert Krask. #55 Consent MOTION for Extension of Time to File Response/Reply as to #53 MOTION for Summary Judgment (epri, )
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Filing 54
Memorandum in Support re #53 MOTION for Summary Judgment filed by Volvo Penta Of The Americas, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Abel, Christopher)
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Filing 53
MOTION for Summary Judgment by Volvo Penta Of The Americas, LLC. (Abel, Christopher)
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Minute Entry for proceedings held before Magistrate Judge Lawrence R. Leonard:Settlement Conference held on 9/21/2023. (cdod, )
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Filing 52
ORDER and AMENDED SCHEDULING ORDER granting #45 Motion for Extension of Time to Complete Discovery. Plaintiff's responses to defendant's first set of discovery requests is extended to September 1, 2023. Defendant's responses to plaintiff's requests for production of documents is extended to September 8, 2023. Plaintiff's deposition of defendant's representative pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure shall take place on or before September 12, 2023. Defendant may take the depositions of plaintiff's representatives on or before September 20, 2023. Signed by Magistrate Judge Robert J. Krask on 8/30/2023 and filed on 8/31/2023. (btit)
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MOTIONS REFERRED to Magistrate Judge: Robert Krask. #45 MOTION for Extension of Time to Complete Discovery (epri, )
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Filing 51
REPLY to Response to Motion re #45 MOTION for Extension of Time to Complete Discovery filed by What Hurts LLC. (Paul, Dustin)
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Filing 50
RESPONSE to Motion re #45 MOTION for Extension of Time to Complete Discovery Defendant Volvo Penta of the Americas, LLC's Response to Plaintiff's Motion for Enlargement of Time filed by Volvo Penta Of The Americas, LLC. (Abel, Christopher)
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Filing 49
ORDER: Defendant is ORDERED to file a response to the motion, ECF #45 , by August 25, 2023, and any reply must be filed by August 29, 2023. Copies sent as DIRECTED on 8.21.23. Signed by Magistrate Judge Robert J. Krask and filed on 8/21/23. (epri, )
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Filing 48
RECUSAL ORDER: Magistrate Judge Lawrence R. Leonard recused. Case reassigned to Magistrate Judge Robert J. Krask for all further proceedings. Copies sent as DIRECTED on 8.21.23. Signed by Magistrate Judge Lawrence R. Leonard and filed on 8/21/23. (epri, )
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Filing 47
AMENDED Settlement Conference Order: All parties and their lead counsel are required to appear at a settlement conference scheduled in the United States District Court, 600 Granby Street, Norfolk, Virginia 23510, on September 21st, 2023, at 1:30 P.M. See Order for details. Copies sent as DIRECTED on 8.21.23. Signed by Magistrate Judge Lawrence R. Leonard and filed on 8/21/23. (epri, )
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Filing 46
Memorandum in Support re #45 MOTION for Extension of Time to Complete Discovery filed by What Hurts LLC. (Paul, Dustin)
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Filing 45
MOTION for Extension of Time to Complete Discovery by What Hurts LLC. (Attachments: #1 Proposed Order Proposed Order)(Paul, Dustin)
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MOTIONS REFERRED to Magistrate Judge: Lawrence Leonard. #45 MOTION for Extension of Time to Complete Discovery (epri, )
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Filing 44
Settlement Conference Order: All parties and their lead counsel are required to appear at a settlement conference scheduled in the United States District Court, 600 Granby Street, Norfolk, Virginia 23510, at 9:30 a.m. on Monday, August 21, 2023; memorandum due by NOON on Monday, August 14, 2023. Copies of this Order sent as DIRECTED on 7.3.23. Signed by Magistrate Judge Lawrence R. Leonard on 7/3/23. (epri, )
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Filing 43
ORDER: The Motion for leave to withdraw as counsel is hereby GRANTED and, accordingly, it is ORDERED that Mr. Stillman shall be permitted to withdraw as counsel and is relieved of any further responsibility for the representation of Volvo Penta in this case. Copies sent on 5.31.23. Signed by Chief District Judge Mark S. Davis and filed on 5/31/23. (epri, )
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Filing 42
MOTION to Withdraw as Attorney by Volvo Penta Of The Americas, LLC. (Attachments: #1 Proposed Order Granting Leave to Withdraw as Counsel)(Stillman, Daniel)
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Filing 41
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference set for 11/16/2023 at 11:00 AM in Norfolk. Bench Trial set for 12/5/2023at 10:00 AM in Norfolk Courtroom 1 before Chief District Judge Mark S. Davis. Signed by Chief District Judge Mark S. Davis and filed on 4/17/2023. (vwar)
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Scheduling Conference - Rule 16b held on 4/17/2023. (vwar)
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16(b) Scheduling Conference reset for 4/17/2023 at 09:00 AM in Norfolk Remotely via ZoomGov. (vwar)
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Filing 40
NOTICE of Appearance by Amelia Anne Gilmer on behalf of Volvo Penta Of The Americas, LLC (Gilmer, Amelia)
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Filing 39
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 4/11/2023 at 09:00 AM (to be conducted remotely via ZoomGov). Signed by Magistrate Judge Douglas E. Miller on 3/22/2023. (tamarm, )
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Filing 38
ANSWER to Complaint (ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF WHAT HURTS, LLC'S AMENDED COMPLAINT) by Volvo Penta Of The Americas, LLC.(Abel, Christopher)
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Referred for 16(b). (epri, )
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Filing 37
ORDER granting #34 Motion for Pro hac vice for Scott Andrew Wagner by What Hurts LLC. Signed by Chief District Judge Mark S. Davis on 2/21/23. (awoo, )
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Filing 36
ORDER finding as moot #18 Motion to Dismiss for Failure to State a Claim based on the filing of an Amended Complaint on February 17, 2023. Signed by Chief District Judge Mark S. Davis on 02/21/2023. (Davis, Mark)
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Filing 35
AMENDED COMPLAINT against Volvo Penta Of The Americas, LLC, filed by What Hurts LLC. (Attachments: #1 Exhibit A - Seven Warranty, #2 Exhibit B - Release)(Paul, Dustin)
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Filing 34
Motion to appear Pro Hac Vice by Scott Andrew Wagner and Certification of Local Counsel Dustin M. Paul Filing fee $ 75, receipt number AVAEDC-8809235. by What Hurts LLC. (Paul, Dustin)
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Filing 33
ORDER granting #31 Motion for Pro hac vice for Christina McGinley Paul as to Volvo Penta Of The Americas, LLC. Signed by Chief District Judge Mark S. Davis on 02/16/2023. (tlev, )
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Filing 32
ORDER granting #30 Motion for Pro hac vice for Joshua Conrad Carpenter as to Volvo Penta Of The Americas, LLC. Signed by Chief District Judge Mark S. Davis on 02/16/2023. (tlev, )
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Filing 31
Motion to appear Pro Hac Vice by Christina McGinley Paul and Certification of Local Counsel Daniel T. Stillman by Volvo Penta Of The Americas, LLC. (Stillman, Daniel)
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Filing 30
Motion to appear Pro Hac Vice by Joshua Conrad Carpenter and Certification of Local Counsel Daniel T. Stillman by Volvo Penta Of The Americas, LLC. (Stillman, Daniel)
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Filing 29
ORDER granting #27 Motion to Amend or in the Alternative for Enlargement of Time to Respond to Defendant's Motion to Dismiss. Signed by Chief District Judge Mark S. Davis on 02/14/2023. (Davis, Mark)
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Filing 28
Memorandum in Support re #27 Consent MOTION to Amend/Correct #1 Complaint, or in the Alternative forConsent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim filed by What Hurts LLC. (Paul, Dustin)
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Filing 27
Consent MOTION to Amend/Correct #1 Complaint, or in the Alternative for, Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim by What Hurts LLC. (Paul, Dustin)
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Filing 26
ORDER: It is ADJUDGED, ORDERED and DECREED that What Hurts, LLC's Motion for Enlargement of Time to File Opposition to Motion to Dismiss is hereby GRANTED. What Hurts, LLC shall file its Opposition on or before February 10, 2023. Signed by Magistrate Judge Lawrence R. Leonard and filed on 2/7/23. (epri, )
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MOTIONS REFERRED to Magistrate Judge: #24 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim (epri, )
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Filing 25
Memorandum in Support re #24 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim filed by What Hurts LLC. (Paul, Dustin)
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Filing 24
Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss for Failure to State a Claim by What Hurts LLC. (Attachments: #1 Proposed Order Proposed Order)(Paul, Dustin)
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Filing 23
NOTICE of Appearance by Dustin Mitchell Paul on behalf of What Hurts LLC (Paul, Dustin)
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Notice of Correction re #22 Motion to appear Pro Hac Vice by Christina McGinley Paul and #21 Motion to appear Pro Hac Vice by Joshua Conrad Carpenter and Certification of Local Counsel Daniel T. Stillman. The motions do not contain the signatures of the applicants. Local counsel should file corrected motions that include the written signatures of the applicants. The motions filed indicate that the applicants are full-time employees of the United States of America and are requesting exemption from the filing fee. Local counsel should re-file motions that include the corrected information. Local counsel should not pay the fees a second time. (tlev, )
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Filing 22
Motion to appear Pro Hac Vice by Christina McGinley Paul and Certification of Local Counsel Daniel T. Stillman Filing fee $ 75, receipt number AVAEDC-8776964. by Volvo Penta Of The Americas, LLC. (Stillman, Daniel)
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Filing 21
Motion to appear Pro Hac Vice by Joshua Conrad Carpenter and Certification of Local Counsel Daniel T. Stillman Filing fee $ 75, receipt number AVAEDC-8776953. by Volvo Penta Of The Americas, LLC. (Stillman, Daniel)
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Filing 20
NOTICE of Appearance by Daniel Truitt Stillman on behalf of Volvo Penta Of The Americas, LLC (Stillman, Daniel)
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Filing 19
Memorandum in Support re #18 MOTION to Dismiss for Failure to State a Claim filed by Volvo Penta Of The Americas, LLC. (Abel, Christopher)
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Filing 18
MOTION to Dismiss for Failure to State a Claim by Volvo Penta Of The Americas, LLC. (Abel, Christopher)
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Filing 17
ORDER: Defendant Volvo Penta of the Americas, LLC's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint is GRANTED. Defendant shall have until January 17, 2023, to respond to Plaintiff's Complaint. Signed by Magistrate Judge Lawrence R. Leonard and filed on 1/6/23. (epri, )
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Filing 16
MOTION for Extension of Time to File Answer (DEFENDANT VOLVO PENTA OF THE AMERICAS, LLC'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT) by Volvo Penta Of The Americas, LLC. (Attachments: #1 Exhibit A - Proposed Order)(Abel, Christopher)
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MOTIONS REFERRED to Magistrate Judge: Lawrence Leonard. #16 MOTION for Extension of Time to File Answer (DEFENDANT VOLVO PENTA OF THE AMERICAS, LLC'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT) (epri, )
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Filing 15
Letter to counsel to associate with local counsel. (afar)
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Filing 14
Case transferred in from District of Florida Southern; Case Number 1:22-cv-22352. Original file and docket sheet received.
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Notification of transfer of Admiralty case from the Southern District of Florida Case No. 1:22cv22352 to the Eastern District of Virginia. (ldab, )
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Filing 13
ORDER Granting #8 Defendant Volvo Penta of the Americas, LLC's Motion to Transfer Plaintiff's Complaint. Signed by Judge Darrin P. Gayles on 12/21/2022. See attached document for full details. (nan) [Transferred from Florida Southern on 12/23/2022.]
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Filing 12
PAPERLESS ORDER granting #11 Motion for Extension of Time. Plaintiff shall respond to the Motion to Transfer on or before December 12, 2022. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 12/23/2022.]
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Set/Reset Deadlines/Hearings as to #8 MOTION to Transfer re #1 Complaint, . Per DE 12 Order. Responses due by 12/12/2022 (ebz) [Transferred from Florida Southern on 12/23/2022.]
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Filing 11
MOTION for Extension of Time to File Response/Reply/Answer as to 10 Order on Motion for Extension of Time to respond or resolve issue on transfer by WHAT HURTS LLC. (Wagner, Scott) [Transferred from Florida Southern on 12/23/2022.]
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Filing 10
PAPERLESS ORDER granting #9 Motion for Extension of Time. Plaintiff shall respond to the Motion to Transfer on or before December 8, 2022. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 12/23/2022.]
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Filing 9
Unopposed MOTION for Extension of Time respond to Defendant's Motion to Transfer re #8 MOTION to Transfer re #1 Complaint, by WHAT HURTS LLC. Responses due by 12/15/2022 (Wagner, Scott) [Transferred from Florida Southern on 12/23/2022.]
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Filing 8
MOTION to Transfer re #1 Complaint, by Volvo Penta of the Americas, LLC. (Paul, Christina) [Transferred from Florida Southern on 12/23/2022.]
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Reset Response/Answer Due Deadline: WHAT HURTS LLC response/answer due 11/17/2022. (ls)(per DE #7) [Transferred from Florida Southern on 12/23/2022.]
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Filing 7
PAPERLESS ORDER granting #6 Motion for Extension of Time. Defendant shall respond to the Complaint on or before November 17, 2022. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 12/23/2022.]
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Filing 6
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Volvo Penta of the Americas, LLC. Attorney Christina McGinley Paul added to party Volvo Penta of the Americas, LLC(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order)(Paul, Christina) [Transferred from Florida Southern on 12/23/2022.]
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Filing 5
RESPONSE TO ORDER TO SHOW CAUSE re 4 Order to Show Cause,, by WHAT HURTS LLC. (Wagner, Scott) [Transferred from Florida Southern on 12/23/2022.]
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Filing 4
PAPERLESS ORDER TO SHOW CAUSE REGARDING SERVICE. Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon defendants within 90 days after the filing of the complaint. Plaintiff filed this action on July 27, 2022, and, to date, there is no indication in the court file that Defendant has been served with the summons and Complaint. Accordingly, within five (5) days of this Order, Plaintiff shall perfect service upon the Defendant or show cause why this action should not be dismissed for failure to perfect service of process. Failure to comply with this Order shall result in a dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 12/23/2022.]
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Filing 3
NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01) [Transferred from Florida Southern on 12/23/2022.]
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Filing 2
Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nan) [Transferred from Florida Southern on 12/23/2022.]
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Filing 1
COMPLAINT against Volvo Penta of the Americas, LLC. Filing fees $ 402.00 receipt number AFLSDC-15824143, filed by WHAT HURTS LLC. (Attachments: #1 Exhibit A - Warranty, #2 Exhibit B - Bogus Release, #3 Civil Cover Sheet)(Wagner, Scott) [Transferred from Florida Southern on 12/23/2022.]
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