Jones v. American Contract Systems, Inc. et al
| Tammy Jones |
| American Contract Systems, Inc., O&M Halyard, Inc., Owens & Minor, Inc., Croci Real Estate, LLC, Leesar, Inc., PHILIP FLEISCHHACKER, Robert Cook and PENNY WALLS |
| 2:2025cv00980 |
| October 29, 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-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2026. A more recent docket listing may be available from PACER.
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Filing 77
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)
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Filing 76
WAIVER of service returned executed on 01/30/26 by Tammy Jones as to Philip Fleischhacker. (Hertz, Eric)
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Filing 75
SUMMONS returned unexecuted by Tammy Jones as to Owens & Minor, Inc.., WAIVER of service returned executed on 01/30/26 by Tammy Jones as to Owens & Minor, Inc.. (Hertz, Eric)
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Filing 74
REQUEST for waiver of Service sent to Philip Fleischhacker on 01/26/2601/30/26 by Tammy Jones., WAIVER of service returned executed on 01/26/2601/30/26 by Tammy Jones as to Philip Fleischhacker. (Hertz, Eric)
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Filing 73
PROPOSED summons to be issued by Tammy Jones. (Hertz, Eric)
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Filing 72
PROPOSED summons to be issued by Tammy Jones. (Hertz, Eric)
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Filing 71
ORDER granting in part and denying in part #40 Motion to Remand to State Court. The Clerk is DIRECTED to remand this case to state court by transmitting a certified copy of this Order to the Clerk for the Twentieth Judicial Circuit in and for Lee County, Florida. The state-court case was previously captioned 25CA005152. Following remand, the Clerk is directed to deny all pending motions and close the case. Signed by District Judge Kyle C. Dudek on 2/2/2026. (CGW)
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Filing 70
CASE REFERRED to Mediation. (LNR)
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Filing 69
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 5/21/2027; Final Pretrial Conference set for 11/19/2027 at 01:30 PM before District Judge Kyle C. Dudek; Jury Trial term 12/1/2027 at 09:00 AM before District Judge Kyle C. Dudek; Conduct mediation hearing by 4/22/2027. Lead counsel to coordinate dates. Signed by All Divisional Judges on 1/26/2026. (WRW)
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Filing 67
Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: RULE 16(b) CONFERENCE held on 1/23/2026. (Digital) (MLD)
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Filing 66
ORDER entering a Rule 502(d) protective order for the reasons discussed during the Rule 16 hearing. Signed by Magistrate Judge Nicholas P. Mizell on 1/23/2026. (RCD)
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Filing 65
ORDER granting #64 motion for special admission of attorney Andrew L. Reissaus. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/20/2026. (RCD)
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Filing 64
MOTION for Andrew L. Reissaus to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24339305 for $150 by American Contract Systems, Inc., O&M Halyard, Inc., Penny Walls. (Reissaus, Andrew) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 63
REPLY to Response to Motion re #40 MOTION to Remand to State Court and for Award of Costs and Attorneys' Fees filed by Tammy Jones. (Attachments: #1 Exhibit Declaration of Steven P. Combs)(Combs, Steven)
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Filing 62
ENDORSED ORDER granting #61 Plaintiff's Motion for Leave to File a Reply to Defendants' Opposition to Remand. Though opposed, the Court finds that a reply will assist the decisional process. Plaintiff may file a reply, not to exceed 10 pages, by January 22, 2026. Signed by District Judge Kyle C. Dudek on 1/15/2026. (BLW)
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Filing 61
MOTION for Leave to File Reply to Defendants' Opposition to Remand by Tammy Jones. (Combs, Steven)
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Filing 60
MOTION to Dismiss for Lack of Jurisdiction by O&M Halyard, Inc.. (Attachments: #1 Exhibit 1 - O&M Halyard Inc. Certificate of Incorporation, #2 Exhibit 2 - ACS Certificate of Incorporation, #3 Affidavit Declaration of Charles Persby)(Pigman, Heather)
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Filing 59
MOTION to Dismiss for Failure to State a Claim by Penny Walls. (Pigman, Heather)
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Filing 58
MOTION to Dismiss for Failure to State a Claim by American Contract Systems, Inc. (Attachments: #1 Exhibit 1 - Mutz v. Sterigenics US LLC)(Pigman, Heather) Modified docket text on 1/15/2026 (JG).
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Filing 57
MOTION to Dismiss for Failure to State a Claim by Leesar, Inc. (Nigro, Christopher) Modified docket text on 1/15/2026 (JG).
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Filing 56
AMENDED COMPLAINT against All Defendants with Jury Demand. Filed by Tammy Jones. (WLB)
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Filing 55
NOTICE OF RESCHEDULING HEARING: The TELEPHONIC Rule 16(b) Conference hearing scheduled for 1/15/2026 is rescheduled. New scheduling date and time: IN PERSON Rule 16(b) Conference set for 1/23/2026 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. (WRW) Modified on 1/5/2026 to edit docket text. (WLB).
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Filing 54
ENDORSED ORDER denying as moot #9, #12, #15, #30 Motions to Dismiss because Plaintiff was granted leave to amend. (Doc. #53.) Signed by District Judge Kyle C. Dudek on 12/31/2025. (BLW)
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Filing 53
ORDER granting #49 Plaintiff's Amended Motion for Leave to Amend Complaint. The Clerk is directed to docket Doc. 49-1 as the operative complaint. Signed by District Judge Kyle C. Dudek on 12/31/2025. (BLW)
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Filing 52
CASE MANAGEMENT REPORT. (Attachments: #1 Exhibit 1 - Proposed Schedules)(Pigman, Heather)
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Filing 51
RESPONSE in Opposition re #40 MOTION to Remand to State Court and for Award of Costs and Attorneys' Fees filed by American Contract Systems, Inc., O&M Halyard, Inc.. (Attachments: #1 Exhibit 1 - 2010 to 2015 Sterilization Agreement, #2 Exhibit 2 - 2015 Amendment to 2010 Sterilization Agreement, #3 Exhibit 3 - 2019 to 2024 Sterilization Agreement, #4 Exhibit 4 - 2024 Amendment to 2019 Sterilization Agreement, #5 Exhibit 5 - ACS's 2010 Air Operation Permit, #6 Exhibit 6 - FDEP Email re Receipt of ACS's 2014 Permit, #7 Exhibit 7 - FDEP Acknowledgement re ACS's 2019 Air Operation Permit, #8 Exhibit 8 - ACS's 2024 Air Operation Permit, #9 Affidavit Declaration of Charles Persby)(Pigman, Heather)
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Filing 50
ENDORSED ORDER denying as moot #47 Motion to Amend Complaint since Plaintiff has filed a subsequent motion to amend seeking the same relief. Signed by District Judge Kyle C. Dudek on 12/31/2025. (BLW)
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Filing 49
Amended MOTION to Amend #5 Complaint by Tammy Jones. (Attachments: #1 Exhibit Amended Complaint)(Combs, Steven)
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Filing 48
NOTICE by Tammy Jones re #47 MOTION to Amend Complaint (Combs, Steven)
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Filing 47
MOTION to Amend Complaint by Tammy Jones. (Attachments: #1 Exhibit Amended Complaint)(Combs, Steven)
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Filing 46
NOTICE OF RESCHEDULING HEARING: The Rule 16(b) Conference hearing scheduled for 1/8/2026 is rescheduled. New scheduling date and time: Rule 16(b) Conference set for 1/15/2026 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. DIAL: 1-650-479-3207, Access code: 2316 024 8769(WRW)
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Filing 45
ENDORSED ORDER granting #43 defendants' unopposed motion to reschedule the Rule 16(b) Conference for January 15, 2026 at 10:15 AM. Signed by Magistrate Judge Nicholas P. Mizell on 12/8/2025. (RCD)
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Filing 44
ENDORSED ORDER granting #42 defendants ACS and Halyard's unopposed motion for extension of time. By January 2, 2025, ACS and Halyard must respond to the motion to remand. Signed by Magistrate Judge Nicholas P. Mizell on 12/5/2025. (RCD)
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Filing 43
Unopposed MOTION for Miscellaneous Relief, specifically Reschedule Rule 16(b) Conference by American Contract Systems, Inc., O&M Halyard, Inc. (Pigman, Heather)
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Filing 42
MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Remand to State Court and for Award of Costs and Attorneys' Fees by American Contract Systems, Inc., O&M Halyard, Inc. (Pigman, Heather) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 41
NOTICE of compliance by Eric J. Hertz and Steven P. Combs with the Clerk's Direction to Counsel to Update Contact Information through PACER (Doc. 36) by Tammy Jones (Combs, Steven)
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Filing 40
MOTION to Remand to State Court and for Award of Costs and Attorneys' Fees by Tammy Jones. (Attachments: #1 Exhibit Case law; Alexander v. Sterigenics, #2 Exhibit Case law; Kamuda v. Sterigenics, #3 Exhibit Dec. 2015 Croci Warranty Deed, #4 Exhibit Air General Permit Notification Form, #5 Exhibit Case law; McLendon v. Becton, #6 Exhibit Case law; Sommerville v. Union Carbide Corp)(Combs, Steven) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 39
NOTICE of Appearance by Sara Faber on behalf of American Contract Systems, Inc., O&M Halyard, Inc., Penny Walls (Faber, Sara)
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Filing 38
ENDORSED ORDER granting #37 plaintiff's unopposed motion for extension of time. By December 17, 2025, plaintiff must respond to defendants American Contract Systems, O&M Halyard Inc., and Penny Wall's motions to dismiss. By December 26, 2025, plaintiff must respond to defendant LeeSar, Inc.'s motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 11/21/2025. (RCD)
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Filing 37
MOTION for Extension of Time to File Response/Reply by Tammy Jones. (Combs, Steven) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 36
NOTICE TO COUNSEL Eric Hertz, Steven Patrick Combs 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. 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). (LJC)
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Filing 35
NOTICE of a related action per Local Rule 1.07(c) by Tammy Jones. Related case(s): Yes (Combs, Steven)
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Filing 34
SUMMONS issued as to Philip Fleischhacker, Owens & Minor, Inc. (MLB)
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Filing 33
PROPOSED summons to be issued by Tammy Jones. (Hertz, Joshua)
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Filing 32
PROPOSED summons to be issued by Tammy Jones. (Hertz, Joshua)
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Filing 31
NOTICE of Appearance of Additional Counsel by Tammy Jones (Combs, Steven) Modified docket text on 11/17/2025 (JOS).
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Filing 30
Amended MOTION to Dismiss Complaint by Leesar, Inc. (Nigro, Christopher)
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Filing 29
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Leesar, Inc.. (Nigro, Christopher)
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Filing 28
NOTICE of Lead Counsel Designation by Heather Ann Pigman on behalf of Penny Walls. Lead Counsel: Heather A. Pigman. (Pigman, Heather)
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Filing 27
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #21 Defendant LeeSar's Motion to Dismiss. The 3.01(g) certification says that this motion does not require conferral before filing. Not so. Local Rule 3.01(g)(1) excepts certain motions from the conferral requirement, but a motion to dismiss is not one of those motions. Signed by District Judge Kyle C. Dudek on 11/12/2025. (BLW)
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Filing 26
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Tammy Jones. (Hertz, Eric)
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Filing 25
NOTICE of Lead Counsel Designation by Eric Hertz on behalf of Tammy Jones. Lead Counsel: Eric James Hertz. (Hertz, Eric)
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Filing 24
NOTICE TO COUNSEL Marisa Agganis 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. (Signed by Deputy Clerk). (JG)
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Filing 23
ORDER granting #22 motion for special admission of attorney Eric James Hertz. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 11/7/2025. (RCD)
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Filing 22
Unopposed MOTION for Eric James Hertz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-24090194 for $150 by All Plaintiffs. (Hertz, Eric) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 21
MOTION to Dismiss Complaint by Leesar, Inc. (Nigro, Christopher) Modified docket text on 11/7/2025 (JG).
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Filing 20
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 19
NOTICE of Appearance by Marisa Agganis on behalf of Leesar, Inc. (Agganis, Marisa)
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Filing 18
ENDORSED ORDER denying #10, #13, #16 Motions for Oral Argument. The Court will set the motions to dismiss for oral argument after the motions are fully briefed if it deems necessary. Signed by District Judge Kyle C. Dudek on 11/6/2025. (BLW)
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Filing 17
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Penny Walls. (Pigman, Heather)
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Filing 16
REQUEST for oral argument on her Motion to Dismiss by Penny Walls. (Pigman, Heather)
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Filing 15
MOTION to Dismiss for Failure to State a Claim by Penny Walls. (Pigman, Heather)
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Filing 14
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. for American Contract Systems, Inc... (Pigman, Heather)
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Filing 13
REQUEST for oral argument re #12 Motion to Dismiss for Failure to State a Claim by American Contract Systems, Inc. (Pigman, Heather) Modified on 11/7/2025 to edit docket text. (WLB).
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Filing 12
MOTION to Dismiss for Failure to State a Claim by American Contract Systems, Inc. (Attachments: #1 Exhibit 1 - Mutz v. Sterigenics US LLC)(Pigman, Heather) Modified on 11/7/2025 to edit docket text. (WLB).
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Filing 11
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by O&M Halyard, Inc. identifying Corporate Parent Owens & Minor, Inc. for O&M Halyard, Inc... (Pigman, Heather)
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Filing 10
REQUEST for oral argument re #9 Motion to Dismiss for Lack of Jurisdiction by O&M Halyard, Inc. (Pigman, Heather) Modified on 11/7/2025 to edit docket text. (WLB).
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Filing 9
MOTION to Dismiss for Lack of Jurisdiction by O&M Halyard, Inc. (Attachments: #1 Exhibit 1 - O&M Halyard Inc. Certificate of Incorporation, #2 Exhibit 2 - ACS Certificate of Incorporation, #3 Affidavit Declaration of Charles Persby)(Pigman, Heather) Modified on 11/7/2025 to edit docket text. (WLB).
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Filing 8
NOTICE of hearing: Rule 16(b) Conference set for 1/8/2026 at 10:15 AM before Magistrate Judge Nicholas P. Mizell. A Case Management Report to be filed by 12/31/2025. DIAL: 1-650-479-3207, Access code: 2316 024 8769(WRW)
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Filing 7
CIVIL Action Order Signed by All Divisional Judges on 11/4/2025. (WRW)
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Filing 6
NOTICE of Lead Counsel Designation by Chase Edward Boswell on behalf of American Contract Systems, Inc., O&M Halyard, Inc. Lead Counsel: Heather A. Pigman. (Boswell, Chase) Modified on 11/3/2025 as to docket text (LJC).
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Filing 5
COMPLAINT against All Defendants with Jury Demand filed by Tammy Jones. Filed in State Court on September 22, 2025. (JOS)
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Filing 4
NOTICE TO COUNSEL All Counsel of Record 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). (JOS)
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Filing 3
NEW CASE ASSIGNED to District Judge Kyle C. Dudek and Magistrate Judge Nicholas P. Mizell. New case number: 2:25-cv-00980-KCD-NPM. (KME)
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Filing 2
DECLARATION of by American Contract Systems, Inc., O&M Halyard, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Boswell, Chase)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from Twentieth Judicial Circuit, Lee County, FL, case number 25-CA005152 filed in State Court on 09/22/2025. Filing fee $405, receipt number AFLMDC-24055524 filed by O&M Halyard, Inc., American Contract Systems, Inc.. (Attachments: #1 State Court COMPLAINT, #2 Civil Cover Sheet, #3 State Court Other Documents, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Boswell, Chase)
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