Bluewave Communication Services, Inc v. PMRG Fiber Corp
Plaintiff: Bluewave Communication Services, Inc.
Defendant: PMRG Fiber Corporation
Counter-Claimant: PMRG Fiber Corporation
Counter-Defendant: Bluewave Communication Services, Inc.
Case Number: 2:2024cv00532
Filed: June 6, 2024
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Kyle C Dudek
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Breach of Contract
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 27, 2024 Filing 21 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JDR)
June 24, 2024 Opinion or Order Filing 20 ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Collier County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Collier County, Florida. The Clerk is further DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 6/24/2024. (AEH)
June 21, 2024 Filing 18 NOTICE by PMRG Fiber Corporation Corrected Exhibit A - State Court Docket (Kauffman, James)
June 19, 2024 Filing 17 SUPPLEMENT re 11 Order, #1 Notice of Removal by PMRG Fiber Corporation. (Attachments: #1 Exhibit Plaintiff's Corporate Disclosure, #2 Exhibit Plaintiff's Complaint, #3 Exhibit Plaintiff's Civil Cover Sheet, #4 Exhibit Affidavit of Business Records with Invoices Submitted by Plaintiff)(Kauffman, James)
June 19, 2024 Filing 16 NOTICE of Lead Counsel Designation by Gilmer McCrary Heitman, IV on behalf of Bluewave Communication Services, Inc., Bluewave Communications, Inc. Lead Counsel: Gilmer M. Heitman. (Heitman, Gilmer)
June 19, 2024 Filing 15 NOTICE of compliance by Bluewave Communication Services, Inc., Bluewave Communications, Inc (Attachments: #1 Exhibit Certificate of Good Standing)(Heitman, Gilmer)
June 13, 2024 Filing 14 Defendant PMRG's ANSWER and affirmative defenses to #5 Complaint with Jury Demand , First COUNTERCLAIM against Bluewave Communication Services, Inc. by PMRG Fiber Corporation. (Attachments: #1 Exhibit Subcontractor Agreement (Fiber Subcontract), #2 Exhibit Plaintiff's Response Email- Fiber Technician (Guam), #3 Exhibit Crew Experience Email Correspondence, #4 Exhibit Plaintiff's Email- Aerial Fiber Techs)(Kauffman, James)
June 13, 2024 Filing 13 CORPORATE Disclosure Statement by PMRG Fiber Corporation. (Kauffman, James)
June 13, 2024 Filing 12 PROOF of service by Bluewave Communication Services, Inc. (Attachments: #1 Affidavit Affidavit of Service)(Heitman, Gilmer)
June 12, 2024 Opinion or Order Filing 11 ENDORSED ORDER. Defendant's Notice of Removal fails to provide Plaintiff's citizenship, that is, its place of incorporation and principal place of business. Defendant also relies only on a bare settlement demand to establish the amount in controversy. "Typically, presuit demand letters alone are not enough to establish amount in controversy." Gagnon v. Petsmart, Inc., No. 220CV676FTM38MRM, 2020 WL 13356800, at *1 (M.D. Fla. Sept. 2, 2020). On or before June 20, 2024, Defendant must SUPPLEMENT its Notice of Removal to show cause why this action should not be remanded for lack of subject-matter jurisdiction. Failure to comply with this Order may result in the Court remanding this case without further notice. Signed by Judge Sheri Polster Chappell on 6/12/2024. (BB)
June 12, 2024 Filing 10 NOTICE of Lead Counsel Designation by James Lawrence Kauffman on behalf of PMRG Fiber Corporation. Lead Counsel: James L. Kauffman. (Kauffman, James)
June 10, 2024 Filing 9 CORPORATE Disclosure Statement by Bluewave Communication Services, Inc., Bluewave Communications, Inc. (Linkhorst, Adam)
June 10, 2024 Filing 8 NOTICE of Lead Counsel Designation by Adam Charles Linkhorst on behalf of Bluewave Communication Services, Inc., Bluewave Communications, Inc. Lead Counsel: Adam C. Linkhorst. (Linkhorst, Adam)
June 10, 2024 Filing 7 NOTICE of hearing: Rule 16(b) Conference set for 7/22/2024 at 10:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 7/16/2024. Zoom instructions will be sent via separate email to counsel of record. (CGW)
June 10, 2024 Filing 6 CIVIL Action Order. Signed by All Divisional Judges on 6/10/2024. (CGW)
June 7, 2024 Filing 4 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-532-SPC-KCD. (RLK)
June 7, 2024 Filing 3 NOTICE TO COUNSEL Paul-Kalvin Collins Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; 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). (RLK)
June 7, 2024 Filing 2 NOTICE TO COUNSEL Gilmer Heitman of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. 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). (RLK)
June 6, 2024 Filing 5 COMPLAINT against PMRG Fiber Corporation with Jury Demand filed by Bluewave Communication Services, Inc. Filed in State Court on 5/1/2024.(KME) Modified on 6/10/2024 to edit docket text (AJS).
June 6, 2024 Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 20th Judicial Circuit In And For Collier County, FL, case number 11-2024-CA-000927-0001-XX filed in State Court on 05/02/2024. Filing fee $405, receipt number AFLMDC-22171718 filed by PMRG Corp. (Attachments: #1 State Court Docket Sheet Exhibit A, #2 State Court COMPLAINT Exhibit B, #3 Exhibit C - Bluewave Letter, #4 Civil Cover Sheet)**COUNSEL NOTIFIED THAT STATE COURT DOCKET SHEET IS NOT FILED IN EXHIBIT A.**(Kauffman, James) Modified text on 6/7/2024 (KME).

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Defendant: PMRG Fiber Corporation
Represented By: Paul-Kalvin Collins
Represented By: James Lawrence Kauffman
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Counter-claimant: PMRG Fiber Corporation
Represented By: James Lawrence Kauffman
Represented By: Paul-Kalvin Collins
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Counter-defendant: Bluewave Communication Services, Inc.
Represented By: Adam Charles Linkhorst
Represented By: Gilmer McCrary Heitman, IV
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Plaintiff: Bluewave Communication Services, Inc.
Represented By: Adam Charles Linkhorst
Represented By: Gilmer McCrary Heitman, IV
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