Flaherty v. E-Go Bike, LLC
Plaintiff: June Flaherty
Defendant: E-Go Bike, LLC d/b/a Ecotric, et al., E-Go Bike, LLC doing business as Ecotric, Mod Vanten, Inc., Changzhou Hoaling Vehicle Co. Ltd. and Ji Zhaoshan
Case Number: 2:2021cv00728
Filed: October 1, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Mac R McCoy
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 18, 2021 Filing 34 RESPONSE in Opposition re #28 MOTION to Dismiss Plaintiff's Amended Complaint filed by June Flaherty. (Hooper, Dylan)
November 16, 2021 Filing 33 RESPONSE in Opposition re #24 Amended MOTION to Dismiss for Failure to State a Claim filed by June Flaherty. (Hooper, Dylan)
November 15, 2021 Filing 32 CASE MANAGEMENT REPORT. (Walker, Joshua)
November 12, 2021 Filing 31 NOTICE of a related action per Local Rule 1.07(c) by Mod Vanten, INC. Related case(s): No (Walker, Joshua)
November 12, 2021 Filing 30 CERTIFICATE of interested persons and corporate disclosure statement re #5 Civil Action Order by Mod Vanten, INC. (Walker, Joshua)
November 4, 2021 Opinion or Order Filing 29 ENDORSED ORDER. On October 6, 2021, the Court directed Defendant E-GO Bike LLC to show cause why this case should not be remanded for lack of jurisdiction and/or transferred to the Tampa Division. (Doc. 8). Based on Defendant's response (Doc. #27), the Court will take no further action on its Order. Signed by Judge Sheri Polster Chappell on 11/4/2021. (CMC)
November 4, 2021 Filing 28 MOTION to Dismiss Plaintiff's Amended Complaint by Mod Vanten, INC. (Walker, Joshua)
November 3, 2021 Filing 27 RESPONSE TO ORDER TO SHOW CAUSE re 18 Order on Motion for Extension of Time to File Response / Reply filed by E-Go Bike, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Walker, Joshua)
November 3, 2021 Filing 26 SUMMONS issued as to Changzhou Hoaling Vehicle Co. Ltd. (jmc)
November 2, 2021 Filing 25 PROPOSED summons to be issued by June Flaherty. (Hooper, Dylan)
October 28, 2021 Filing 24 Amended MOTION to Dismiss #3 Amended Complaint for Failure to State a Claim by E-Go Bike, LLC. (Walker, Joshua) Modified on 10/28/2021 to link Amended Complaint #3 (jmc).
October 25, 2021 Opinion or Order Filing 23 ENDORSED ORDER denying without prejudice Defendant's Amended Motion to Dismiss Plaintiff's Amended Complaint (Doc. #22) for failure to include a compliant Local Rule 3.01(g) Certification. The parties are reminded to review the new Local Rules (effective February 1), which require conferrals on motions to dismiss. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 10/25/2021. (CMC)
October 22, 2021 Filing 22 MOTION to Dismiss for Failure to State a Claim by E-Go Bike, LLC. (Walker, Joshua)
October 22, 2021 Opinion or Order Filing 21 ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 10/22/2021. (FN)
October 22, 2021 Opinion or Order Filing 20 ORDER Governing Telephonic Proceedings. Signed by Magistrate Judge Mac R. McCoy on 10/22/2021. (FN)
October 22, 2021 Filing 19 NOTICE of hearing: TELEPHONIC Preliminary Pretrial Conference set for 12/14/2021 at 10:00 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 11/29/2021. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held. (FN)
October 21, 2021 Opinion or Order Filing 18 ENDORSED ORDER granting #15 Unopposed Motion for Extension of Time to Respond to Order to Show Cause. Defendant E-Go Bike LLC d/b/a Ecotric must respond to and comply with the Court's 10/6/2021 Order, (Doc. #8), no later than 11/3/2021. Signed by Magistrate Judge Mac R. McCoy on 10/21/2021. (WJF)
October 20, 2021 Filing 17 NOTICE of Lead Counsel Designation by Dylan J. Hooper on behalf of June Flaherty. Lead Counsel: Dylan J. Hooper. (Hooper, Dylan)
October 20, 2021 Filing 16 SUMMONS issued as to Mod Vanten, INC.. (JK)
October 20, 2021 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 Order to show cause by E-Go Bike, LLC. (Walker, Joshua) Motions referred to Magistrate Judge Mac R. McCoy.
October 19, 2021 Filing 14 NOTICE to counsel Dylan J. Hooper and Joshua Dustin Moore of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (jmc)
October 14, 2021 Filing 13 SUMMONS issued as to Ji Zhaoshan. (JK) Modified to removed document in error and upload correctly issued summons on 10/20/2021 (JK).
October 14, 2021 Filing 12 PROPOSED summons to be issued by June Flaherty. (Hooper, Dylan)
October 7, 2021 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #5 Civil Action Order by E-Go Bike, LLC. (Walker, Joshua)
October 7, 2021 Filing 10 NOTICE of a related action per Local Rule 1.07(c) by E-Go Bike, LLC. Related case(s): No (Walker, Joshua)
October 7, 2021 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by June Flaherty. Related case(s): No (Hooper, Dylan)
October 6, 2021 Opinion or Order Filing 8 ORDERED: Defendant E-GO Bike LLC d/b/a ECOTRIC must SUPPLEMENT its Notice of Removal (Doc. #1) on or before October 20, 2021, to show cause why (1) this case should not be remanded for lack of subject-matter jurisdiction; and (2) this action belongs in the Fort Myers Division. Failure to comply with this Order will cause this case being remanded without further notice. Signed by Judge Sheri Polster Chappell on 10/6/2021. (AEH)
October 6, 2021 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #5 Civil Action Order by June Flaherty. (Hooper, Dylan)
October 5, 2021 Filing 6 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (jmc)
October 5, 2021 Filing 5 CIVIL Action Order, Signed by All Divisional Judges on 10/5/2021. (jmc)
October 5, 2021 Filing 4 FILED IN ERROR - MOTION to Dismiss Amended Complaint #3 by E-Go Bike, LLC (jmc) Filed in State Court on 9/24/2021. Modified on 10/5/2021 (SMG).
October 5, 2021 Filing 3 AMENDED COMPLAINT against Changzhou Hoaling Vehicle Co. Ltd., E-Go Bike, LLC d/b/a Ecotric, et al., Mod Vanten, INC., Ji Zhaoshan with Jury Demand. filed by All Plaintiffs. Filed in State Court on 9/14/2021. (jmc)
October 4, 2021 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:21-cv-0728-SPC-MRM. (MLJ).
October 1, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Charlotte County Circuit Court, case number 2021-CA-000705 filed in State Court on 06/17/2021. Filing fee $ 402, receipt number AFLMDC-18773015 filed by E-Go Bike, LLC d/b/a Ecotric, et al.. (Attachments: #1 State Court COMPLAINT 1 - Original Complaint, #2 State Court COMPLAINT 2 - Amended Complaint, #3 State Court ANSWER 3 - Defendant's Motion to DIsmiss Amended Complaint, #4 State Court Docket Sheet 4 - State Court Docket Sheet, #5 State Court Other Documents 5 - State Court Other Documents, #6 Civil Cover Sheet 6 - Civil Cover Sheet)(Walker, Joshua)

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Plaintiff: June Flaherty
Represented By: Dylan J. Hooper
Represented By: Joshua Dustin Moore
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Defendant: E-Go Bike, LLC d/b/a Ecotric, et al.
Represented By: Joshua B. Walker
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Defendant: E-Go Bike, LLC doing business as Ecotric
Represented By: Joshua B. Walker
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Defendant: Mod Vanten, Inc.
Represented By: Joshua B. Walker
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Defendant: Changzhou Hoaling Vehicle Co. Ltd.
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Defendant: Ji Zhaoshan
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