Florence v. Ford Motor Company et al
Plaintiff: Reshay Florence
Defendant: Ford Motor Company, Javier Mejia and Happy Dayz Auto Sales, Inc.
Case Number: 2:2020cv00226
Filed: April 1, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Nicholas P Mizell
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 21, 2020 Opinion or Order Filing 22 ORDERED: Plaintiff's Motion to Remand (Doc. #11) is GRANTED. The Clerk is DIRECTED to REMAND this case to the Circuit Court for the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of that Court. The Clerk is DIRECTED to terminate any deadlines or pending motions and close the file. Signed by Judge Sheri Polster Chappell on 4/21/2020. (AEH)
April 20, 2020 Filing 21 RESPONSE in Opposition re #17 MOTION to Strike Certain Allegations from Plaintiff's Complaint and Supporting Memorandum of Law filed by Reshay Florence. (Stern, Michael)
April 15, 2020 Filing 20 NOTICE to counsel Anthony D. Cutrona of Local Rule 2.01(d), which states, each attorney must register with the Clerk of the Court and maintain an email address for electronic service by the Clerk. Maintain your e-mail address by logging into CM/ECF or register for a CM/ECF Account at www.flmd.uscourts.gov The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB)
April 14, 2020 Filing 19 RESPONSE in Opposition re #11 MOTION to Remand to State Court and Supporting Memorandum of Law filed by Ford Motor Company. (Attachments: #1 Exhibit 1 - Happy Dayz Response to Complaint, #2 Exhibit 2 - Florida Attorney General)(McDonald, Francis)
April 8, 2020 Filing 18 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 5/28/2020 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 5/27/2020 at 10:45 AM before Magistrate Judge Nicholas P. Mizell. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20226. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
April 7, 2020 Filing 17 MOTION to Strike Certain Allegations from re #3 Plaintiff's Complaint and Supporting Memorandum of Law by Ford Motor Company. (McDonald, Francis) Modified on 4/7/2020 to correct docket text(MLS).
April 6, 2020 Filing 16 CORPORATE Disclosure Statement re #14 Corporate Disclosure Order by Ford Motor Company. (McDonald, Francis) Modified on 4/6/2020 to correct docket text(MLS).
April 6, 2020 Filing 15 NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 5/28/2020 at 10:45 AM before Magistrate Judge Nicholas P. Mizell. A Case Management Report shall be filed on or before 5/21/2020. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20226. Parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
April 6, 2020 Filing 14 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER Signed by All Divisional Judges on 4/6/2020. (WRW)
April 6, 2020 Opinion or Order Filing 13 ENDORSED ORDER denying as moot Defendant Javier Mejia's Motion to Enforce Settlement (Doc. #8) originally filed in state court. Before removal, Plaintiff voluntarily dismissed her claims against Mejia. (Doc. [1-7 at 62]). Given the voluntary dismissal, the Clerk is DIRECTED to terminate Defendant Javier Mejia from this case. Signed by Judge Sheri Polster Chappell on 4/6/2020. (KRH)
April 6, 2020 Opinion or Order Filing 12 ENDORSED ORDER. Before the Court is Defendant's Motion to Strike Certain Allegations from Plaintiff's Complaint (Doc. #7) originally filed in state court. Also here is Defendant's separate Memorandum of Law in Support (Doc. #10). Filing a motion with a separate memorandum of law is a textbook violation of Local Rule 3.01(a). The Rule requires a movant to include everything "in a single document not more than twenty-five (25) pages." Local Rule 3.01(a). So the Court denies the Motion to Strike without prejudice. See Hemphill v. Cuckler, No. 2:16-cv-388-FtM-99CM, 2016 WL 3570956, at *1 n.3 (M.D. Fla. July 1, 2016) (refusing to consider a memorandum that violated Rule 3.01(a)). The Motion also contains no Local Rule 3.01(g) certification, so it is denied for that reason too. Signed by Judge Sheri Polster Chappell on 4/6/2020. (KRH)
April 3, 2020 Filing 11 MOTION to Remand to State Court and Supporting Memorandum of Law by Reshay Florence. (Attachments: #1 Exhibit A)(Stern, Michael)
April 3, 2020 Filing 10 MEMORANDUM in support re #7 Motion to Strike Certain Allegations from Plaintiff's Complaint filed by Ford Motor Company. (McDonald, Francis)
April 2, 2020 Filing 9 POSSIBLE MDL Tag Along case for MDL Case Number Information emailed to MDL Panel on 4/2/20, including cover letter, copy of complaint, and docket sheet. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - Notice of Removal - Ford, #3 Exhibit 3 - Docket Sheet) (MLS)
April 2, 2020 Filing 8 MOTION for Miscellaneous Relief, specifically to enforce settlement (filed in State Court 3/6/20) by Javier Mejia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(MLS)
April 2, 2020 Filing 7 MOTION to Strike #3 Complaint (filed in State Court 2/11/20) by Ford Motor Company. (MLS)
April 2, 2020 Filing 6 ANSWER and affirmative defenses to #3 Complaint with Jury Demand (filed in State Court 3/6/20) by Javier Mejia.(MLS)
April 2, 2020 Filing 5 ANSWER/REPLY to #3 Complaint (filed in State Court on 2/18/20) by Happy Dayz Auto Sales, Inc..(MLS)
April 2, 2020 Filing 4 ANSWER and affirmative defenses to #3 Complaint with Jury Demand (filed in State Court 2/11/20) by Ford Motor Company.(MLS)
April 2, 2020 Filing 3 COMPLAINT against Ford Motor Company, Happy Dayz Auto Sales, Inc., Javier Mejia with Jury Demand filed (in State Court 12/13/19) by Reshay Florence.(MLS)
April 2, 2020 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-226-FtM-38NPM. (SJB)
April 2, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County, case number 2019-CA-008372 filed in State Court on 12/13/2019. (Filing Fee $400, Receipt #113A-16657388) filed by Ford Motor Company. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER Ford Motor Company's Answer, #3 State Court ANSWER Happy Dayz Auto Sales Response, #4 State Court ANSWER Javier Mejia's Answer, #5 State Court Pending Motions Ford Motor Company's Mtn to Strike, #6 State Court Docket Sheet Lee County Court Docket, #7 State Court Other Documents All remaining State Court documents, #8 Civil Cover Sheet)(McDonald, Francis) Modified on 4/2/2020 to correct docket text (SJB).

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Plaintiff: Reshay Florence
Represented By: Robert Frank Melton, II
Represented By: Michael Jesse Stern
Represented By: C. Richard Newsome
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Defendant: Ford Motor Company
Represented By: Sarah Anne Long
Represented By: Jessica Marie Kennedy
Represented By: Francis Morton McDonald, Jr.
Represented By: Tiffany Marie Ward
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Defendant: Javier Mejia
Represented By: Anthony D. Cutrona
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Defendant: Happy Dayz Auto Sales, Inc.
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