Maxner v. American Contract Systems, Inc. et al
| Justin Maxner |
| AMERICAN CONTRACT SYSTEMS, INC. and Leesar, Inc. |
| 2:2025cv00476 |
| June 2, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kyle C Dudek |
| Nicholas P Mizell |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 5, 2026. A more recent docket listing may be available from PACER.
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Filing 43
Case Reassigned to Judge Kyle C. Dudek. New case number: 2:25-cv-476-KCD-NPM. Judge John L. Badalamenti no longer assigned to the case. (LMW)
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Filing 42
NOTICE of Appearance by Marisa Agganis on behalf of Leesar, Inc. (Agganis, Marisa)
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Filing 41
TRANSCRIPT of Rule 16B Conference held on 8/7/25 before Judge Hon. Judge Nicholas P. Mizell. Court Reporter/Transcriber: Brandi Wilkins. Email address: [email protected]. Telephone number: 585-245-1976. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/16/2025. Redacted Transcript Deadline set for 9/26/2025. Release of Transcript Restriction set for 11/24/2025. (BAW)
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Filing 39
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 11/27/2026 Final Pretrial Conference set for 5/28/2027 at 01:30 PM before Judge John L. Badalamenti Jury Trial term 6/1/2027 at 09:00 AM before Judge John L. Badalamenti Conduct mediation hearing by 11/6/2026. Lead counsel to coordinate dates. Signed by All Divisional Judges on 8/12/2025. (WRW)
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Filing 38
ORDER granting the parties' joint request for entry of a 502(d) order. (Doc. #34 at 4). See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 8/7/2025. (RCD)
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Filing 37
Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: Rule 16(b) Conference held on 8/7/2025. (digital) (WRW)
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Filing 36
REPLY to Response to Motion re #27 MOTION to Remand to State Court filed by Justin Maxner. (Beckman, Michael)
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Filing 35
ENDORSED ORDER granting #33 plaintiff's unopposed motion for leave to file a reply. By July 30, 2025, plaintiff may file a reply that does not exceed seven pages to the opposition to the motion to remand. (Doc. #30). Signed by Magistrate Judge Nicholas P. Mizell on 7/23/2025. (RCD)
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Filing 34
CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit 1 - ACS's Proposed Schedule, #2 Exhibit 2 - Plaintiff's Proposed Schedule)(Johnston, Robert)
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Filing 33
MOTION for Miscellaneous Relief, specifically Motion for Leave to File a Reply to ACS's Opposition to Plaintiff's Motion to Remand by Justin Maxner. (Beckman, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 32
NOTICE of Withdrawal by Justin Maxner re 31 Case Management Report. (Walsh, Barbara) Modified text on 7/14/2025 (LNR).
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Filing 31
WITHDRAWN PER DOC. 32 AND APPROVAL BY CHAMBERS***CASE MANAGEMENT REPORT. (Beckman, Michael) Modified text on 7/11/2025 (ABM).
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Filing 30
RESPONSE in Opposition re #27 MOTION to Remand to State Court filed by American Contract Systems, Inc.. (Attachments: #1 Affidavit of Penny Walls, #2 Exhibit 1 - 2010 to 2015 Agreement, #3 Exhibit 2 - 2015 to 2019 Agreement, #4 Exhibit 3 - 2019 to 2024 Agreement, #5 Exhibit 4 - 2024 to 2025 Agreement, #6 Exhibit 5 - 2009 to 2014 Lease, #7 Exhibit 6 - 2014 to 2019 Lease, #8 Exhibit 7 - 2019 to 2024 Lease, #9 Exhibit 8 - December 2024 Lease, #10 Exhibit 9 - 2024 Lease, #11 Exhibit 10 - 2010 Air Operation Permit, #12 Exhibit 11 - FDEP 2014 Air Permit Acknowledgement, #13 Exhibit 12 - FDEP 2019 Air Permit Acknowledgement, #14 Exhibit 13 - 2024 Air Operation Permit, #15 Exhibit 14 - Letter from M. Beckman to ACS, #16 Exhibit 15 - Email from M. Beckman to R. Johnston)(Johnston, Robert)
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Filing 29
RESPONSE in Opposition re #16 MOTION to Dismiss Complaint filed by Justin Maxner. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Beckman, Michael) Modified on 6/26/2025 to edit docket text and description (JDR).
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Filing 28
RESPONSE in Opposition re #15 MOTION to Dismiss for Failure to State a Claim filed by Justin Maxner. (Beckman, Michael)
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Filing 27
MOTION to Remand to State Court by Justin Maxner. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Beckman, Michael) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 26
ORDER granting #20, #21, #22, and #23 motions for special admission of attorneys Andrew L. Reissaus, Robert E. Johnston, William J. Cople, III, and Aleksandra Rybicki for defendant American Contract Systems, Inc. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 6/18/2025. (RCD)
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Filing 25
NOTICE of hearing: Rule 16(b) Conference set for 8/7/2025 at 10:00 AM before Magistrate Judge Nicholas P. Mizell. A Case Management Report to be filed by 7/22/2025. DIAL: 1-650-479-3207, Access code: 2316 024 8769(WRW)
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Filing 24
NOTICE of compliance with Local Rules, Fees, and Special Admission Filing Requirements by American Contract Systems, Inc. (Johnston, Robert)
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Filing 23
MOTION for Aleksandra Rybicki to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23492393 for $150 by American Contract Systems, Inc.. (Rybicki, Aleksandra) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 22
MOTION for William J. Cople to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23492301 for $150 by American Contract Systems, Inc.. (Cople, William) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 21
MOTION for Robert E. Johnston to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23492231 for $150 by American Contract Systems, Inc.. (Johnston, Robert) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 20
MOTION for Andrew L. Reissaus to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23492185 for $150 by American Contract Systems, Inc.. (Reissaus, Andrew) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 19
NOTICE TO COUNSEL Christopher Michael Nigro of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (JVC)
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Filing 18
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Leesar, Inc. (Nigro, Christopher) Modified on 6/10/2025 to edit text. (JVC)
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Filing 17
NOTICE of Lead Counsel Designation by Christopher Michael Nigro on behalf of Leesar, Inc.. Lead Counsel: Christopher M. Nigro. (Nigro, Christopher)
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Filing 16
MOTION to Dismiss Complaint by Leesar, Inc.. (Nigro, Christopher)
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Filing 15
MOTION to Dismiss for Failure to State a Claim by American Contract Systems, Inc.. (Thomas, Michael)
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Filing 14
CIVIL Action Order Signed by All Divisional Judges on 6/4/2025. (WRW)
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Filing 13
NOTICE of a related action per Local Rule 1.07(c) by American Contract Systems, Inc.. Related case(s): No (Thomas, Michael)
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Filing 12
NOTICE of Lead Counsel Designation by Michael J. Thomas on behalf of American Contract Systems, Inc.. Lead Counsel: Robert E. Johnston. (Thomas, Michael)
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Filing 11
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Justin Maxner. (Walsh, Barbara)
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Filing 10
NOTICE of a related action per Local Rule 1.07(c) by Justin Maxner. Related case(s): No (Walsh, Barbara)
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Filing 9
NOTICE of Lead Counsel Designation by Barbara L. Walsh on behalf of Justin Maxner. Lead Counsel: Barbara L. Walsh. (Walsh, Barbara)
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Filing 8
NOTICE TO ALL COUNSEL 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. (Signed by Deputy Clerk). (ABM)
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Filing 7
COMPLAINT against American Contract Systems, Inc., Leesar, Inc. with Jury Demand filed by Justin Maxner. Filed in state court on 3/31/2025.(ABM)
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Filing 6
CIVIL Action Order Signed by All Divisional Judges on 6/3/2025. (WRW)
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Filing 5
NOTICE TO COUNSEL Andrew L. Reissaus, Robert E. Johnston, and William J. Cople, III 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). (JOS)
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Filing 4
NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-00476-JLB-NPM. (JOS)
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Filing 3
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by American Contract Systems, Inc. identifying Corporate Parent Owens & Minor, Inc., Corporate Parent O&M Halyard, Inc. American Contract Systems, Inc. (Thomas, Michael) Modified text on 6/3/2025 (ABM).
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Filing 2
DECLARATION of Penny Walls re #1 Notice of Removal by American Contract Systems, Inc. (Thomas, Michael) Modified text on 6/3/2025 (ABM).
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit of Florida, Lee County, case number 2025-CA-001717 filed in State Court on March 31, 2025. Filing fee $405, receipt number AFLMDC-23429100 filed by American Contract Systems, Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 Civil Cover Sheet)(Thomas, Michael) Modified text on 6/3/2025 (ABM).
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