Negron-Miro v. Tote Services, Inc. et al
Plaintiff: Juan Carlos Negron-Miro
Defendant: Tote Maritime Puerto Rico LLC and Tote Services Inc.
Case Number: 3:2018cv01160
Filed: September 26, 2018
Court: US District Court for the Middle District of Florida
Presiding Judge: Patricia D Barksdale
Referring Judge: Timothy J Corrigan
Nature of Suit: Marine
Cause of Action: 46 U.S.C. § 1101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2018 Filing 43 CASE MANAGEMENT REPORT. (Margulies, Richard)
October 11, 2018 ***PRO HAC VICE FEES paid by attorney Alexander Bellver Espinosa, appearing on behalf of Juan Carlos Negron-Miro (Filing fee $150 receipt number JAX029228.) Related document: #39 MOTION for Alejandro Bellver Espinosa to appear pro hac vice. (AFC)
October 10, 2018 Filing 42 NOTICE of Appearance by Richard N. Margulies on behalf of Tote Maritime Puerto Rico LLC, Tote Services Inc. (Margulies, Richard)
October 10, 2018 Opinion or Order Filing 41 ORDER granting #39 the plaintiff's motion asking the Court to allow Alejandro Bellver-Espinosa, Esquire, to specially appear to represent him in this case and directing Mr. Bellver-Espinosa to expeditiously pay the required fee and register with the Court's electronic case filing (ECF) system by completing the E-Filer Registration Form. Signed by Magistrate Judge Patricia D. Barksdale on 10/10/2018. (ASL)
October 5, 2018 Opinion or Order Filing 40 ORDER designating this case as a Track Two Case; directing the parties to conduct a case management conference and file the attached Case Management Report by 11/9/18; and, should the parties consent to the case being handled by a United States Magistrate Judge, they should sign and file the attached consent form by 11/9/18. Signed by Judge Timothy J. Corrigan on 10/5/2018. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD)
October 4, 2018 Filing 39 MOTION for Alejandro Bellver Espinosa to appear pro hac vice by Juan Carlos Negron-Miro. (Attachments: #1 Exhibit, #2 Exhibit)(Minick, Jonathan)
September 26, 2018 Filing 38 NOTICE to counsel of new case number and judge assignment: 3:18-cv-1160-J-32PDB (signed by deputy clerk). (JSG)
September 26, 2018 Filing 37 Case transferred in from District of Puerto Rico; Case Number 3:17-cv-02284. File received electronically
September 25, 2018 Opinion or Order Filing 36 ORDER adopting Report and Recommendation re #34 Report and Recommendation. The instant case is to be transferred by the Clerk of Court to the United States District Court for the Middle District of Florida. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 9/25/2018. (JAM) [Transferred from prd on 9/26/2018.]
September 14, 2018 Filing 35 OBJECTION to Report and Recommendation filed by Juan Carlos Negron-Miro Re: #34 Report and Recommendation, filed by Juan Carlos Negron-Miro. (Attachments: #1 Affidavit)(Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
September 4, 2018 Filing 34 REPORT AND RECOMMENDATION re #16 MOTION to dismiss based on improper venue as to Juan Carlos Negron-Miro MOTION to transfer case filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc., #25 MOTION to Strike Docket 19 filed by Juan Carlos Negron-Miro and #26 MOTION to Strike Docket 19 and for reconsideration filed by Juan Carlos Negron-Miro. Objections to R&R due by 9/18/2018Signed by US Magistrate Judge Silvia Carreno-Coll on 9/4/2018.(mcv) [Transferred from prd on 9/26/2018.]
July 12, 2018 Opinion or Order Filing 33 ORDER granting #32 Motion to Withdraw as Attorney re: Gabriela Davila. Attorney Juan Santos will remain as counsel of record for Tote Services, Inc. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 7/12/2018. (JAM) [Transferred from prd on 9/26/2018.]
July 12, 2018 Filing 32 MOTION to Withdraw Attorney as to Gabriela Davila-Micheo filed by Gabriela Davila-Micheo on behalf of All Defendants Responses due by 7/26/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
March 23, 2018 Filing 31 MEMORANDUM OF THE CLERK: By Order of Judge Daniel R. Dominguez (Docket No. 30), the following motions have been randomly referred within the Case Assignment System to Magistrate Judge Silvia Carreno-Coll for Report and Recommendation: #16 MOTION to Dismiss Based on Improper Venue; #25 MOTION to Strike Docket 19; and, #26 MOTION to Strike Docket 19 and for Reconsideration. Signed by Clerk on 03/23/2018.(gr) Modified on 5/10/2018 to correct docket text (gr). [Transferred from prd on 9/26/2018.]
March 23, 2018 Opinion or Order Filing 30 ORDER REFERRING MOTION TO MAGISTRATE JUDGE: The Clerk will refer the following motions to a Magistrate Judge to be selected at random, for Report and Recommendation: #16 MOTION to dismiss based on improper venue as to Juan Carlos Negron-Miro MOTION to transfer case filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc., #26 MOTION to Strike Docket 19 and for reconsideration filed by Juan Carlos Negron-Miro, #25 MOTION to Strike Docket 19 filed by Juan Carlos Negron-Miro. These motions are reportable in September 2018. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 3/23/2018.(JAM) Modified on 5/10/2018 to correct docket text(gr). [Transferred from prd on 9/26/2018.]
March 8, 2018 Filing 29 RESPONSE in Opposition to Motion to strike and for reconsideration filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc. Re: #26 MOTION to Strike Docket 19 and for reconsideration filed by Juan Carlos Negron-Miro, #25 MOTION to Strike Docket 19 filed by Juan Carlos Negron-Miro filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc.. (Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
March 2, 2018 Filing 28 REPLY to Response to Motion to dismiss filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc. Re: #16 MOTION to dismiss based on improper venue as to Juan Carlos Negron-Miro MOTION to transfer case filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc. filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc.. (Attachments: #1 Exhibit A)(Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
February 23, 2018 Opinion or Order Filing 27 ORDER. Defendants are granted 14 days, that is, until March 8, 2018 to reply to Plaintiffs' motions filed at Docket entries No. 25, 26. IT IS SO ORDERED.Set Deadlines Motions due by 3/8/2018.Signed by Judge Daniel R. Dominguez on 2/23/2018.(JAM) [Transferred from prd on 9/26/2018.]
February 22, 2018 Filing 26 MOTION to Strike Docket 19 and for reconsideration filed by Alejandro Bellver-Espinosa on behalf of Juan Carlos Negron-Miro Responses due by 3/8/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
February 22, 2018 Filing 25 MOTION to Strike Docket 19 filed by Alejandro Bellver-Espinosa on behalf of Juan Carlos Negron-Miro (Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
February 22, 2018 Opinion or Order Filing 24 ORDER granting #20 MOTION for Leave to File Document Reply Memorandum MOTION for Extension of Time until March 5, 2018 to File Response/Reply (Replies due by 3/5/2018.) IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 2/22/2018. (JAM) [Transferred from prd on 9/26/2018.]
February 22, 2018 Opinion or Order Filing 23 ORDER noted and granted #19 Motion submitting Exhibit 1. Granted only as to incorporating Exhibit 1, to the Motion to Dismiss filed under Docket No. 16, but not as to the merits of the motion to dismiss. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 2/22/2018. (JAM) [Transferred from prd on 9/26/2018.]
February 22, 2018 Opinion or Order Filing 22 ORDER finding as moot #18 Motion submitting Exhibit 1. See Docket No. 19. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 2/22/2018. (JAM) [Transferred from prd on 9/26/2018.]
February 22, 2018 Opinion or Order Filing 21 ORDER finding as moot #4 Motion to Dismiss; finding as moot #4 Motion to Dismiss for Failure to State a Claim; finding as moot #4 Motion to transfer case. The record shows that an Amended Complaint was filed on January 23, 2018 at Docket No. 10, and a new Motion to Dismiss was filed on February 15, 2018 at Docket No. 16. Hence, the Court finds that the Motion to Dismiss filed at Docket No. 4 is now moot. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 2/22/2018. (JAM) [Transferred from prd on 9/26/2018.]
February 22, 2018 Filing 20 MOTION for Leave to File Document Reply Memorandum, MOTION for Extension of Time to File Response/Reply filed by Gabriela Davila-Micheo on behalf of Tote Maritime Puerto Rico LLC, Tote Services, Inc. Responses due by 3/8/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
February 22, 2018 Filing 19 MOTION Submitting Exhibit filed by Gabriela Davila-Micheo on behalf of Tote Maritime Puerto Rico LLC, Tote Services, Inc. Responses due by 3/8/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1)(Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
February 22, 2018 Filing 18 MOTION Submitting Exhibit filed by Gabriela Davila-Micheo on behalf of Tote Maritime Puerto Rico LLC, Tote Services, Inc. Responses due by 3/8/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
February 16, 2018 Filing 17 RESPONSE in Opposition to Motion to Dismiss filed by Juan Carlos Negron-Miro Re: #16 MOTION to dismiss based on improper venue as to Juan Carlos Negron-Miro MOTION to transfer case filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc. filed by Juan Carlos Negron-Miro. (Attachments: #1 Exhibit)(Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
February 15, 2018 Filing 16 MOTION to dismiss based on improper venue as to Juan Carlos Negron-Miro( Responses due by 3/1/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.), MOTION to transfer case ( Responses due by 2/26/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.) filed by Gabriela Davila-Micheo on behalf of All Defendants (Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
January 29, 2018 Opinion or Order Filing 15 ORDER granting #14 Motion for Leave to File Reply, and granting extension of time requested. IT IS SO ORDERED. Response to Motion Deadline due by 2/8/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. Signed by Judge Daniel R. Dominguez on 1/29/2018. (JAM) [Transferred from prd on 9/26/2018.]
January 29, 2018 Filing 14 MOTION for Leave to File Document Reply Memorandum filed by Gabriela Davila-Micheo on behalf of Tote Maritime Puerto Rico LLC, Tote Services, Inc. Responses due by 2/12/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
January 29, 2018 Filing 13 NOTICE of Appearance by Gabriela Davila-Micheo on behalf of Tote Maritime Puerto Rico LLC, Tote Services, Inc. (Davila-Micheo, Gabriela) [Transferred from prd on 9/26/2018.]
January 23, 2018 Opinion or Order Filing 12 ORDER granting #7 Motion for Leave to File Excess Pages. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 1/23/2018. (JAM) [Transferred from prd on 9/26/2018.]
January 23, 2018 Filing 11 RESPONSE in Opposition to Motion to Dismiss filed by Juan Carlos Negron-Miro Re: #4 MOTION to dismiss for Improper Venue as to Tote Services, Inc., Tote Maritime Puerto Rico LLC MOTION to Dismiss for Failure to State a Claim as to Tote Maritime Puerto Rico LLC MOTION to transfer case filed by Tote Maritime Puerto Rico LLC, Tote Services, Inc. filed by Juan Carlos Negron-Miro. (Attachments: #1 Exhibit Exhibit I)(Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
January 23, 2018 Filing 10 AMENDED COMPLAINT against Tote Maritime Puerto Rico LLC, Tote Services, Inc., filed by Juan Carlos Negron-Miro.(Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
January 23, 2018 Filing 9 WAIVER OF SERVICE Returned Executed by Juan Carlos Negron-Miro. Tote Maritime Puerto Rico LLC waiver sent on 11/29/2017, answer due 2/27/2018; Tote Services, Inc. waiver sent on 11/29/2017, answer due 2/27/2018. (Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
January 23, 2018 Filing 8 NOTICE of Amendment of Complaint by Juan Carlos Negron-Miro (Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
January 23, 2018 Filing 7 MOTION for Leave to File Excess Pages filed by Alejandro Bellver-Espinosa on behalf of Juan Carlos Negron-Miro Responses due by 2/6/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Waiver of Service)(Bellver-Espinosa, Alejandro) [Transferred from prd on 9/26/2018.]
January 16, 2018 Opinion or Order Filing 6 ORDER granting #5 Motion for extension of time until January 26, 2018. IT IS SO ORDERED. Motions due by 1/26/2018. Signed by Judge Daniel R. Dominguez on 1/16/2018. (JAM) [Transferred from prd on 9/26/2018.]
January 16, 2018 Filing 5 MOTION for extension of time until 01/26/2018 to file Opposition to Motion to Dismiss filed by Krystal Santiago-Sanchez on behalf of Juan Carlos Negron-Miro Responses due by 1/30/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Santiago-Sanchez, Krystal) [Transferred from prd on 9/26/2018.]
January 4, 2018 Filing 4 MOTION to dismiss for Improper Venue as to Tote Services, Inc., Tote Maritime Puerto Rico LLC( Responses due by 1/18/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.), MOTION to Dismiss for Failure to State a Claim as to Tote Maritime Puerto Rico LLC ( Responses due by 1/18/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.), MOTION to transfer case ( Responses due by 1/16/2018. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically.) filed by Tote Services, Inc., Tote Maritime Puerto Rico LLC (Attachments: #1 Exhibit 1)(Santos-Caraballo, Juan) [Transferred from prd on 9/26/2018.]
November 8, 2017 Opinion or Order Filing 3 STANDING ORDER RE: CODE OF CIVILITY. Signed by Judge Daniel R. Dominguez on 8/04/2017.(gav) [Transferred from prd on 9/26/2018.]
November 8, 2017 Filing 2 NOTICE OF JUDGE ASSIGNMENT Case has been assigned to Judge Daniel R. Dominguez (arg) [Transferred from prd on 9/26/2018.]
November 7, 2017 Filing 1 COMPLAINT against Tote Services, Inc., Tote Maritime Puerto Rico LLC, filed by Juan Carlos Negron-Miro. Service due by 2/5/2018, (Attachments: #1 Category Sheet, #2 Civil Cover Sheet)(Bellver-Espinosa, Alejandro) Modified on 11/8/2017 edit text (gav). [Transferred from prd on 9/26/2018.]

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Plaintiff: Juan Carlos Negron-Miro
Represented By: Alejandro Bellver-Espinosa
Represented By: Krystal Santiago-Sanchez
Represented By: Jonathan Scott Minick
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Defendant: Tote Maritime Puerto Rico LLC
Represented By: Juan F. Santos-Caraballo
Represented By: Gabriela Davila-Micheo
Represented By: Richard N. Margulies
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Defendant: Tote Services Inc.
Represented By: Juan F. Santos-Caraballo
Represented By: Gabriela Davila-Micheo
Represented By: Richard N. Margulies
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