Lehigh Gas Wholesale Services, Inc. v. Universal Property Services, Inc.
Plaintiff: LEHIGH GAS WHOLESALE SERVICES, INC.
Defendant: UNIVERSAL PROPERTY SERVICES INC. and Universal Property Services, Inc.
Case Number: 3:2020cv00331
Filed: March 31, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Marcia Morales Howard
Referring Judge: James R Klindt
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2020 Filing 28 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP)
May 5, 2020 Filing 27 TRANSCRIPT of Motion Hearing via Videoconference held on April 28, 2020 before Judge Marcia Morales Howard. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. 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 5/26/2020, Redacted Transcript Deadline set for 6/5/2020, Release of Transcript Restriction set for 8/3/2020. (CLP)
April 29, 2020 Opinion or Order Filing 26 ORDER granting the remaining portion of #9 Plaintiff's Motion to Remand. This case is remanded. The Clerk of the Court is directed to transmit a certified copy of this Order to the Clerk, Fourth Judicial Circuit, and close this file. Signed by Judge Marcia Morales Howard on 4/29/2020. (JW)
April 28, 2020 Filing 25 Minute Entry for proceedings held before Judge Marcia Morales Howard: MOTION HEARING VIA VIDEOCONFERENCE held on 4/28/2020. Court Reporter: Cindy Packevicz Jarriel (JW)
April 24, 2020 Filing 24 NOTICE OF HEARING on #9 Plaintiff's Motion to Remand and Request for Attorneys' Fees. Hearing set for 4/28/2020 at 02:45 PM before Judge Marcia Morales Howard, at which time the Court will pronounce ruling on the remaining issue raised in this motion. The hearing will be held by video teleconferencing using Zoom. See Notice for additional details. (JW)
April 23, 2020 Filing 23 Minute Entry for proceedings held before Judge Marcia Morales Howard: MOTION HEARING VIA VIDEOCONFERENCE held on 4/23/2020; denying #6 Defendant's Motion to Permit Removal of Related Pending Actions to This Matter, or in the Alternative, to Transfer and Consolidate Related Actions to This Matter Once Removed, Request for Expedited Briefing and Consideration, and Incorporated Memorandum of Law; denying in part and taking under advisement in part #9 Plaintiff's Motion to Remand and Request for Attorneys' Fees. Court Reporter: Cindy Packevicz Jarriel (JW)
April 22, 2020 Opinion or Order Filing 22 ORDER granting #14 Unopposed Motion for Admission Pro Hac Vice, and Written Designation and Consent to Act. Michael Einbinder and Mackenzie L. Dimitri are permitted to appear pro hac vice on behalf of Defendant with Michael I. Kean as local counsel. Mr. Einbinder and Ms. Dimitri shall expeditiously ensure mandatory registration with the Court's electronic case filing (ECF) system, if they have not already done so. Signed by Magistrate Judge James R. Klindt on 4/22/2020. (MDC)
April 22, 2020 Opinion or Order Filing 21 ORDER granting #13 and #15 Motions for Admission of Brendan D. O'Toole and Otto W. Konrad Pro Hac Vice and Written Designations and Consents to Act. Brendan D. O'Toole and Otto W. Konrad are permitted to appear pro hac vic on behalf of Plaintiff with Mya M. Hatchette and Brandon S. DeGel as local counsel. Mr. O'Toole and Mr. Konrad shall expeditiously ensure mandatory registration with the Court's electronic case filing (ECF) system, if they have not already done so. Signed by Magistrate Judge James R. Klindt on 4/22/2020. (MDC)
April 21, 2020 Filing 20 MEMORANDUM in support re #9 Motion to Remand to State Court filed by LEHIGH GAS WHOLESALE SERVICES, INC.. (Attachments: #1 Exhibit 1 to Plaintiff's Reply Supporting Its Motion to Remand)(Hatchette, Mya)
April 21, 2020 ***PRO HAC VICE FEES paid by attorney Michael Binbinder and Mackenzie Dmitri, appearing on behalf of UNIVERSAL PROPERTY SERVICES INC. (Filing fee $300 receipt number JAX032980.) Related document: #14 MOTION for Michael Einbinder, Esq. and Mackenzie L. Dmitri, Esq. to appear pro hac vice . (KKH)
April 20, 2020 Opinion or Order Filing 19 ORDER granting #18 Plaintiff's Motion for Leave to File Reply. Reply due by 1:00 p.m. on April 22, 2020, and shall not exceed five pages. Signed by Judge Marcia Morales Howard on 4/20/2020. (JW)
April 20, 2020 Filing 18 MOTION for Leave to File Other Document: Reply by LEHIGH GAS WHOLESALE SERVICES, INC. (Hatchette, Mya)
April 17, 2020 Filing 17 RESPONSE in Opposition re #9 MOTION to Remand to State Court and Request for Attorneys' Fees and Expedited Briefing Schedule filed by UNIVERSAL PROPERTY SERVICES INC. (Attachments: #1 Exhibit Exhibit A)(Kean, Michael)
April 17, 2020 ***PRO HAC VICE FEES paid by attorney Brendan D. O'Toole, appearing on behalf of LEHIGH GAS WHOLESALE SERVICES, INC. (Filing fee $150 receipt number JAX032972.) Related document: #13 MOTION for Brendan D. O'Toole to appear pro hac vice . (KKH)
April 17, 2020 ***PRO HAC VICE FEES paid by attorney Otto Konrad, appearing on behalf of LEHIGH GAS WHOLESALE SERVICES, INC. (Filing fee $150 receipt number JAX032973.) Related document: #15 MOTION for Otto W. Konrad to appear pro hac vice . (KKH)
April 16, 2020 Filing 16 NOTICE OF HEARING on #6 Defendant's Motion to Permit Removal of Related Pending Actions to This Matter, or in the Alternative, to Transfer and Consolidate Related Actions to this Matter Once Removed and #9 Plaintiff's Motion to Remand and Request for Attorneys' Fees. Motion Hearing set for 4/23/2020 at 03:00 PM before Judge Marcia Morales Howard. The hearing will be held by video teleconferencing using Zoom. See Notice for details. (JW)
April 15, 2020 Filing 15 MOTION for Otto W. Konrad to appear pro hac vice by LEHIGH GAS WHOLESALE SERVICES, INC.. (Hatchette, Mya) Motions referred to Magistrate Judge James R. Klindt.
April 14, 2020 Filing 14 MOTION for Michael Einbinder, Esq. and Mackenzie L. Dmitri, Esq. to appear pro hac vice by UNIVERSAL PROPERTY SERVICES INC.. (Kean, Michael) Motions referred to Magistrate Judge James R. Klindt.
April 14, 2020 Filing 13 MOTION for Brendan D. O'Toole to appear pro hac vice by LEHIGH GAS WHOLESALE SERVICES, INC.. (Hatchette, Mya) Motions referred to Magistrate Judge James R. Klindt.
April 10, 2020 Filing 12 NOTICE to counsel Otto W. Konrad, Brendan D. O'Toole, Meredith M. Haynes of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (PAM)
April 10, 2020 Opinion or Order Filing 11 ENDORSED ORDER directing Defendant to respond to #9 Plaintiff's Motion to Remand and Request for Attorneys' Fees and Expedited Briefing Schedule no later than 1:00 p.m. on April 17, 2020. Signed by Judge Marcia Morales Howard on 4/10/2020. (MAM)
April 10, 2020 Filing 10 RESPONSE in Opposition re #6 MOTION for Miscellaneous Relief, specifically to Permit Removal or Related Pending Actions to this Matter or in the Alternative, to Transfer and Consolidate Related Actions to this Matter Once Removed, Request for Expedited Briefing and Consideration filed by LEHIGH GAS WHOLESALE SERVICES, INC.. (Hatchette, Mya)
April 10, 2020 Filing 9 MOTION to Remand to State Court and Request for Attorneys' Fees and Expedited Briefing Schedule by LEHIGH GAS WHOLESALE SERVICES, INC. (Attachments: #1 Exhibit 1)(Hatchette, Mya)
April 8, 2020 Filing 8 ANSWER and affirmative defenses to #4 Complaint by UNIVERSAL PROPERTY SERVICES INC..(Kean, Michael)
April 6, 2020 Opinion or Order Filing 7 ENDORSED ORDER directing Plaintiff to respond to #6 Defendant, Universal Property Services Inc.'s Motion to Permit Removal of Related Pending Actions to this Matter, or in the Alternative, to Transfer and Consolidate Related Actions to this Matter Once Removed, Request for Expedited Briefing and Consideration, and Incorporated Memorandum of Law, no later than 5:00 p.m. on April 10, 2020. Signed by Judge Marcia Morales Howard on 4/6/2020. (MAM)
April 3, 2020 Filing 6 MOTION for Miscellaneous Relief, specifically to Permit Removal or Related Pending Actions to this Matter or in the Alternative, to Transfer and Consolidate Related Actions to this Matter Once Removed, Request for Expedited Briefing and Consideration, and Incorporated Memorandum of Law by UNIVERSAL PROPERTY SERVICES INC. (Attachments: #1 Exhibit Exhibit A)(Kean, Michael) Modified on 4/6/2020 to edit text (PAM).
April 2, 2020 Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 4/2/2020. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(JW)
April 1, 2020 Filing 3 NOTICE to counsel Michael Einbinder and Mackenzie L. Dimitri of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (PAM)
March 31, 2020 Filing 4 COMPLAINT for Eviction against UNIVERSAL PROPERTY SERVICES INC. filed by LEHIGH GAS WHOLESALE SERVICES, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(PAM) Originally filed in state court on 3/12/20
March 31, 2020 Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge James R. Klindt. New case number: 3:20-cv-331-J-34JRK. (SJB)
March 31, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court in and for Duval County, case number 16-2020-CC-003385-XXXX-MA filed in State Court on March 12, 2020. Filing fee $ 400, receipt number 113A-16654492 filed by UNIVERSAL PROPERTY SERVICES INC.. (Attachments: #1 State Court COMPLAINT State Court Summons - Exhibit A, #2 State Court COMPLAINT State Court Complaint - Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Civil Cover Sheet Civil Coversheet, #7 State Court Docket Sheet State Court Docket)(Kean, Michael)

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Defendant: UNIVERSAL PROPERTY SERVICES INC.
Represented By: Michael Einbinder
Represented By: Mackenzie L. Dimitri
Represented By: Michael Kean
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Defendant: Universal Property Services, Inc.
Represented By: Michael Einbinder
Represented By: Mackenzie L. Dimitri
Represented By: Michael Kean
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Plaintiff: LEHIGH GAS WHOLESALE SERVICES, INC.
Represented By: Brandon Scott DeGel
Represented By: Mya M. Hatchette
Represented By: Brendan D. O'Toole
Represented By: Meredith M. Haynes
Represented By: Otto W. Konrad
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