Sikora v. CVS Pharmacy, Inc. et al
| PAMELA SIKORA |
| CVS PHARMACY, INC., HOLIDAY CVS, L.L.C., KB INVESTMENT HOLDINGS, LTD and Holiday CVS, LLC |
| 2:2023cv00226 |
| March 30, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Nicholas P Mizell |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Both |
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Filing 16
ENDORSED ORDER. The parties agree to remand this matter to state court. Accordingly, plaintiff's motion to remand #6 is granted. The action is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Charlotte County, Florida. The clerk is DIRECTED to transmit a certified copy of this order to the clerk of that court. The clerk is further DIRECTED to deny any pending motions, terminate all deadlines, and close this case. Signed by Magistrate Judge Nicholas P. Mizell on 4/17/2023. (JMM)
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| Filing 15 NOTICE canceling Preliminary Pretrial Conference scheduled for 6/6/2023. (WRW) |
| Filing 14 RESPONSE to Motion re #6 MOTION to Remand to State Court and Objection to Removal with Incorporated Memorandum of Law filed by Holiday CVS, LLC. (Liro, Jacob) |
| Filing 13 NOTICE of hearing: Preliminary Pretrial Conference set for 6/6/2023 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 5/15/2023. 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: 23226. 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) |
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Filing 12
TEXT ORDER directing defendants to supplement notice of removal by April 21. A partnership is a citizen of each state in which its partners are citizens. See Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990) (holding that, for purposes of diversity of citizenship, a limited partnership is a citizen of each state in which any of its partners, limited or general, are citizens). The notice of removal fails to state the citizenship of defendant KB Investment's partners. Defendants must cure this defect. If any partner is itself a partnership or LLC, the disclosure must, in turn, identify the citizenship of each partner or member. See Purchasing Power, LLC v. Bluestem Brands, Inc., 851 F.3d 1218, 1220 (11th Cir. 2017) (describing how citizenship "often ends up looking like a factor tree that exponentially expands" every time a partner or member turns out to be another limited partnership or LLC). The deadline for defendants' response to plaintiff's motion to remand (Doc. #6) is correspondingly extended to April 21. Signed by Magistrate Judge Nicholas P. Mizell on 4/7/2023. (JMM)
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Filing 11
ORDER denying #7 defendants' motion to seal exhibits. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 4/7/2023. (JMM)
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| Filing 10 ANSWER and affirmative defenses to #3 Complaint with Jury Demand by Holiday CVS, LLC. (Liro, Jacob) Modified text on 4/7/2023 (JK). |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #4 Civil Action Order by CVS Pharmacy, Inc., Holiday CVS, LLC identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc., Holiday CVS, LLC. (Liro, Jacob) |
| Filing 8 NOTICE of Lead Counsel Designation by Jacob J Liro on behalf of CVS Pharmacy, Inc., Holiday CVS, LLC. Lead Counsel: Jacob J. Liro. (Liro, Jacob) |
| Filing 7 MOTION to SEAL previously filed Exhibits to Notice of Removal [DE 1-2] and [DE 1-4] by Holiday CVS, LLC (Liro, Jacob). Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 4/3/2023 (JK). |
| Filing 6 MOTION to Remand to State Court and Objection to Removal with Incorporated Memorandum of Law by Pamela Sikora. (Castro, Sara) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 3/31/2023 (JK). |
| Filing 5 NOTICE of Appearance by Sara Castro on behalf of Pamela Sikora (Castro, Sara) |
| Filing 4 CIVIL Action Order Signed by All Divisional Judges on 3/31/2023. (JK) |
| Filing 3 COMPLAINT against CVS Pharmacy, Inc., Holiday CVS, LLC, KB Investment Holdings, LTD with Jury Demand filed by Pamela Sikora. FILED in State Court on 02/28/2023.(JK) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-00226-JLB-NPM. (ER) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Charlotte County Circuit Court, case number 23-000375 filed in State Court on 02/28/2023. Filing fee $402, receipt number AFLMDC-20672059 filed by Holiday CVS, LLC, CVS Pharmacy, Inc.. (Attachments: #1 Composite Exhibit 1, #2 Exhibit 2 - Plaintiff's Demand, #3 Exhibit 3 - Plaintiff's Voter Registration, #4 Exhibit 4 - Billing Records, #5 Exhibit 5 - CVS Pharmacy, Inc.'s Annual Report, #6 Exhibit 6 - Holiday CVS, LLC's Annual Report, #7 Exhibit 7 - KB Investment Holdings, Ltd.'s Annual Report, #8 Exhibit 8 - Notice of Filing Notice of Removal, #9 State Court COMPLAINT, #10 State Court Docket Sheet, #11 State Court Other Remaining Documents, #12 Civil Cover Sheet State, #13 Civil Cover Sheet Federal)(Liro, Jacob) Modified text on 3/31/2023 (JK). |
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