Smith v. Lumio HX, Inc. et al
| Shoshana Smith |
| Lumio HX, Inc. and Atlantic Key Energy, LLC |
| 2:2023cv00849 |
| October 6, 2023 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 39 NOTICE of Lead Counsel Designation by Thomas F. Burke on behalf of Lumio HX, Inc.. Lead Counsel: John C. Grugan. (Burke, Thomas) |
Filing 38
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 12/27/2024; Dispositive motions due by 1/24/2025; Pretrial statement due by 7/11/2025; All other motions due by 7/7/2025; Plaintiff disclosure of expert report due by 9/28/2024; Defendant disclosure of expert report due by 10/28/2024; Final Pretrial Conference set for 7/25/2025 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell; Jury Trial set for 8/4/2025 trial term in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Conduct mediation hearing by 1/3/2025. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 12/18/2023. (CGW)
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| Filing 36 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 35 Defendant's ORAL Motion for Extension of Time to File Designation of Lead Counsel by 12/27/23; PRELIMINARY PRETRIAL CONFERENCE held on 12/18/2023. (Digital) (CGW) |
| Filing 35 ORAL MOTION for Extension of Time to File Designation of Lead Counsel by 12/27/2023 by Lumio HX, Inc. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 34
ENDORSED ORDER granting #32 Unopposed Motion for Facundo Bouzat to specially appear to represent Defendant Lumio HX, Inc., which complies with Local Rule 2.01(c). Unless non-resident attorney Bouzat already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 12/15/2023. (BLW)
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Filing 33
ENDORSED ORDER granting #31 Unopposed Motion for John C. Grugan to specially appear to represent Defendant Lumio HX, Inc., which complies with Local Rule 2.01(c). Unless non-resident attorney Grugan already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 12/15/2023. (BLW)
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| Filing 32 Unopposed MOTION for Facundo Bouzat to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21568307 for $150 by Lumio HX, Inc. (Perkins, Jenny) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 31 Unopposed MOTION for John C. Grugan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21568287 for $150 by Lumio HX, Inc. (Perkins, Jenny) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 30 NOTICE TO COUNSEL John Grugan Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details 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). (WRW) |
| Filing 29 CASE MANAGEMENT REPORT. (Gonzalez, Louis) |
| Filing 28 Clerk's ENTRY OF DEFAULT as to Atlantic Key Energy, LLC. (CGW) |
| Filing 27 MOTION for Default Judgment against Atlantic Key Energy, LLC by Shoshana Smith. (Attachments: #1 Exhibit Exhibit 1)(Gonzalez, Louis) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 26
ENDORSED ORDER. Plaintiff has failed to move for a default against Defendant Atlantic Key Energy, LLC by the deadline required under the Local Rules. By 12/11/2023 Plaintiff must SHOW CAUSE as to why its claim against Atlantic Key Energy, LLC should not be dismissed for failure to prosecute. Plaintiff may alternatively discharge this show cause order by filing for a clerk's default according to Local Rule 1.10 and Fed. R. Civ. P. 55. Signed by Magistrate Judge Kyle C. Dudek on 12/4/2023. (DM)
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| Filing 25 ANSWER and affirmative defenses to #12 Amended Complaint by Lumio HX, Inc..(Burke, Thomas) |
| Filing 24 CORPORATE Disclosure Statement by Lumio HX, Inc. identifying Corporate Parent Lumio Holdings, Inc. for Lumio HX, Inc. (Burke, Thomas) |
| Filing 23 NOTICE of Appearance by William Carl Ourand on behalf of Shoshana Smith (Ourand, William) |
| Filing 22 NOTICE of Appearance by Amy Lynn Judkins on behalf of Shoshana Smith (Judkins, Amy) |
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Filing 21
ENDORSED ORDER granting #20 Unopposed Motion for Thomas F. Burke to specially appear to represent Defendant Lumio HX, Inc., which complies with Local Rule 2.01(c). Unless non-resident attorney Burke already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 11/16/2023. (BLW)
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| Filing 20 Unopposed MOTION for Thomas F. Burke to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21470348 for $150 by Lumio HX, Inc. (Perkins, Jenny) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 19 RETURN of service executed on 10/12/2023 by Shoshana Smith as to Lumio HX, Inc. (Gonzalez, Louis) Modified on 11/15/2023 to edit docket text (EAM). |
| Filing 18 RETURN of service executed on 10/12/2023 by Shoshana Smith as to Atlantic Key Energy, LLC. (Gonzalez, Louis) |
| Filing 17 NOTICE of hearing: Preliminary Pretrial Conference set for 12/18/2023 at 09:45 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 12/11/2023. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
| Filing 16 NOTICE TO COUNSEL Jacob Alex Flint of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. 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). (WRW) |
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Filing 15
ENDORSED ORDER granting #14 Defendant's Unopposed Motion for Extension of Time to Respond to the Amended Complaint. Given the parties' agreement, and otherwise finding good cause, Defendant must respond to the amended complaint by 12/1/23. Signed by Magistrate Judge Kyle C. Dudek on 11/1/2023. (BLW)
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| Filing 14 Unopposed MOTION for Extension of Time to File a Response to the Amended Complaint by Lumio HX, Inc. (Perkins, Jenny) Motions referred to Magistrate Judge Kyle C. Dudek. Modified on 11/1/2023 (CTR). |
| Filing 13 NOTICE of Appearance by Jenny Nicole Perkins on behalf of Lumio HX, Inc. (Perkins, Jenny) |
| Filing 12 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Shoshana Smith. Related document: #1 Complaintfiled by Shoshana Smith.(Gonzalez, Louis) Modified on 10/16/2023 as to docket text (ARL). |
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Filing 11
ENDORSED ORDER denying #10 Motion for Special Admission because attorney Jacob Alex Flint is a Florida resident. Local Rule 2.01(c) allows for special admission only if the lawyer is not a Florida resident. Signed by Magistrate Judge Kyle C. Dudek on 10/12/2023. (BLW)
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| Filing 10 MOTION for Jacob Alex Flint, Esq. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21345574 for $150 by Shoshana Smith. (Gonzalez, Louis) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 9 NOTICE of Lead Counsel Designation by Louis Anthony Gonzalez on behalf of Shoshana Smith. Lead Counsel: Louis A. Gonzalez, Esq.. (Gonzalez, Louis) |
| Filing 8 NOTICE of a related action Notice of Pendency of Other Actions per Local Rule 1.07(c) by Shoshana Smith. Related case(s): No (Gonzalez, Louis) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Shoshana Smith. (Gonzalez, Louis) |
| Filing 6 NOTICE TO COUNSEL Jacob Alex Flint Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details 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). (CTR) |
| Filing 5 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. 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). (CTR) |
| Filing 4 SUMMONS issued as to Atlantic Key Energy, LLC, Lumio HX, Inc. (CTR) |
| Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 10/10/2023. (CGW) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-00849-SPC-KCD. (JG) |
| Filing 1 COMPLAINT Class Action Complaint against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-21331253) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Gonzalez, Louis) |
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