Power Rental OP CO, LLC v. Virgin Islands Water & Power Authority
| Power Rental OP CO, LLC |
| Virgin Islands Water & Power Authority |
| FirstBank Puerto Rico and Banco Popular de Puerto Rico |
| 3:2020cv01015 |
| September 10, 2020 |
| US District Court for the Middle District of Florida |
| Timothy J Corrigan |
| James R Klindt |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 48
ORDER granting #46 Motion to Continue the Telephone Hearing; the telephone hearing on the pending motions #20, #23 shall take place on 11/24/2020 at 3:00 p.m. EST; counsel for garnishees are permitted but not required to attend; the initial Notice of Telephone Hearing #44 is moot. Signed by Judge Timothy J. Corrigan on 11/6/2020. (TLN)
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| Filing 47 SUPPLEMENT re #46 MOTION to Continue Telephonic Hearing (Doc. 44) Certification Statement Pursuant to Local Rule 3.01(g) by Power Rental OP CO, LLC. (Carlisle, John) |
| Filing 46 MOTION to Continue Telephonic Hearing (Doc. 44) by Power Rental OP CO, LLC. (Patricoff, Harold) |
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Filing 45
ENDORSED ORDER granting [41 and 42] Plaintiff's motions for leave to file sur-replies; Plaintiff's sur-replies shall be limited to four pages each and both filed no later than 11/9/2020. Signed by Judge Timothy J. Corrigan on 11/4/2020. (TN)
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| Filing 44 NOTICE of telephone hearing on #20 the motion to dismiss and #23 the motion to dissolve pre-judgment writs; telephone motion hearing set for 11/12/2020 at 10:00 AM before Judge Timothy J. Corrigan. See notice for call-in instructions. (TN) |
| Filing 43 RESPONSE in Opposition re #42 MOTION for Miscellaneous Relief, specifically leave to file sur-reply to Defendant's reply in support of its motion to dissolve pre-judgment writs of garnishment , #41 MOTION for Miscellaneous Relief, specifically leave to file sur-reply regarding Defendant's motion to dismiss complaint for lack of personal jurisdiction filed by Virgin Islands Water & Power Authority. (Morreale, Frank) |
| Filing 42 MOTION for leave to file sur-reply to Defendant's reply in support of #23 motion to dissolve pre-judgment writs of garnishment by Power Rental OP CO, LLC. (Carlisle, John) Modified to edit text and create docket entry relationship on 11/4/2020 (KKH). |
| Filing 41 MOTION for leave to file sur-reply regarding #20 Defendant's motion to dismiss complaint for lack of personal jurisdiction by Power Rental OP CO, LLC. (Carlisle, John) Modified to edit text and create docket entry relationship on 11/4/2020 (KKH). |
| Filing 40 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by Power Rental OP CO, LLC. Related case(s): yes (Liles, Rutledge) |
| Filing 39 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by Virgin Islands Water & Power Authority. Related case(s): yes (Mahfood, Daniel) |
| Filing 38 REPLY to #32 Amended Response to Motion re #23 MOTION to Dissolve Pre-Judgment Writs of Garnishment and Incorporated Memorandum of Law filed by Virgin Islands Water & Power Authority. (Attachments: #1 Exhibit 1)(Mahfood, Daniel) Modified to create docket relationship and edit text on 10/30/2020 (KKH). |
| Filing 37 REPLY to #34 Response to #20 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law in Support Thereof filed by Virgin Islands Water & Power Authority. (Mahfood, Daniel) Modified to create docket relationship and edit text on 10/30/2020 (KKH). |
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Filing 36
ENDORSED ORDER granting #35 defendant's motion for leave to file replies; defendant's replies, limited to 3 pages each, shall be filed no later than 10/30/2020. Signed by Judge Timothy J. Corrigan on 10/26/2020. (SRW)
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| Filing 35 MOTION for Miscellaneous Relief, specifically Defendant's Motion for Leave to File Reply in Support of Motion to Dissolve Pre-Judgment Writs of Garnishment and Motion to Dismiss for Lack of Personal Jurisdiction by Virgin Islands Water & Power Authority. (Mahfood, Daniel) |
| Filing 34 RESPONSE to Motion re #20 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law in Support Thereof filed by Power Rental OP CO, LLC. (Attachments: #1 Exhibit A- Declaration of Christopher King)(Patricoff, Harold) |
| Filing 33 CASE MANAGEMENT REPORT. (Morreale, Frank) |
| Filing 32 Amended RESPONSE in Opposition re #23 MOTION for Miscellaneous Relief, specifically to Dissolve Pre-Judgment Writs of Garnishment and Incorporated Memorandum of Law filed by Power Rental OP CO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Liles, Rutledge) Modified to edit text on 10/21/2020 (KKH). |
| Filing 31 RESPONSE in Opposition re #23 MOTION for Miscellaneous Relief, specifically to Dissolve Pre-Judgment Writs of Garnishment and Incorporated Memorandum of Law filed by Power Rental OP CO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Liles, Rutledge) |
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Filing 30
ORDER denying without prejudice #14 Plaintiff's Motion for Entry of Default Against Garnishee, Banco Popular De Puerto Rico, for Failure to Answer Writ of Garnishment. Signed by Magistrate Judge James R. Klindt on 10/14/2020. (KAW)
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| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement by Virgin Islands Water & Power Authority. (Mahfood, Daniel) |
| Filing 28 CERTIFICATE of interested persons and corporate disclosure statement by Power Rental OP CO, LLC identifying Corporate Parent Atlas Corp. for Power Rental OP CO, LLC.. (Patricoff, Harold) |
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Filing 27
ORDER granting #24 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss the Complaint and Motion to Dissolve Pre-Judgment Writs of Garnishment. Plaintiff shall have up to and including 10/20/2020 to respond to Defendant Virgin Islands Water and Power Authority's Motion to Dismiss the Complaint for Lack of Personal Jurisdiction, and Incorporated Memorandum of Law (Doc. No. 20) and Defendant's Motion to Dissolve Pre-Judgment Writs of Garnishment and Incorporated Memorandum of Law (Doc. No. 23). Signed by Magistrate Judge James R. Klindt on 10/5/2020. (MDC)
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| Filing 26 CORPORATE Disclosure Statement by FirstBank Puerto Rico identifying Corporate Parent First BanCorp for FirstBank Puerto Rico.. (Mora, Martha) |
| Filing 25 NOTICE of Appearance by Martha Rosa Mora on behalf of FirstBank Puerto Rico (Mora, Martha) |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law in Support Thereof, #23 MOTION for Miscellaneous Relief, specifically to Dissolve Pre-Judgment Writs of Garnishment and Incorporated Memorandum of Law by Power Rental OP CO, LLC. (Shtivelman, Aleksey) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 23 MOTION to Dissolve Pre-Judgment Writs of Garnishment and Incorporated Memorandum of Law by Virgin Islands Water & Power Authority. (Attachments: #1 Exhibit A - Declaration)(Mahfood, Daniel) Modified to edit text on 9/30/2020 (KKH). |
| Filing 22 Amended RESPONSE re #12 Notice (Other) of Objections and Answer of Garnishee FirstBank Puerto Rico to Prejudgment Writ of Garnishment filed by Power Rental OP CO, LLC. (Attachments: #1 Exhibit A)(Liles, Rutledge) Modified to edit text on 9/29/2020 (KKH). |
| Filing 21 NOTICE of Filing Answer and Objections of Garnishee Banco Popular De Puerto Rico to Pre-Judgment Writ of Garnishment by Virgin Islands Water & Power Authority (Attachments: #1 Exhibit 1 - Banco Answer and Objections)(Mahfood, Daniel) Modified to edit text on 9/29/2020 (KKH). |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law in Support Thereof by Virgin Islands Water & Power Authority. (Attachments: #1 Exhibit 1 - Declaration)(Mahfood, Daniel) |
| Filing 19 RESPONSE re #12 Notice (Other) of Objections and Answer of Garnishee FirstBank Puerto Rico to Prejudgment Writ of Garnishment filed by Power Rental OP CO, LLC. (Attachments: #1 Exhibit)(Liles, Rutledge) |
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Filing 18
ORDER granting #15 Defendant Virgin Islands Water and Power Authority's Partially Agreed Motion for Extension of Time to Respond to the Complaint; response to Complaint due 10/8/2020. Signed by Magistrate Judge James R. Klindt on 9/17/2020. (KAW)
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| Filing 17 NOTICE of Appearance by Rutledge Richardson Liles on behalf of Power Rental OP CO, LLC (Liles, Rutledge) |
| Filing 16 RESPONSE in Opposition re #15 MOTION for Extension of Time to File Answer re #6 Complaint filed by Power Rental OP CO, LLC. (Patricoff, Harold) |
| Filing 15 MOTION for Extension of Time to File Answer re #6 Complaint by Virgin Islands Water & Power Authority. (Morreale, Frank) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 14 MOTION for Clerk's Default against Banco Popular de Puerto Rico by Power Rental OP CO, LLC. (Attachments: #1 Exhibit A - Affidavit of Service)(Patricoff, Harold) Motions referred to Magistrate Judge James R. Klindt. |
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Filing 13
ORDER granting #7 #8 Unopposed Motions to Appear Pro Hac Vice, Written Designations, and Consents to Act. Signed by Magistrate Judge James R. Klindt on 9/14/2020. (BHC)
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| Filing 12 NOTICE of Service of Objections and Answer of Garnishee FirstBank by Power Rental OP CO, LLC (Attachments: #1 Exhibit A - Objections and Answer, #2 Exhibit B - Verified PreJudgment Writ of Garnishment)(Shtivelman, Aleksey) Modified to edit text on 9/14/2020 (KKH). |
| Filing 11 NOTICE of Appearance by Aleksey Shtivelman on behalf of Power Rental OP CO, LLC (Shtivelman, Aleksey) |
| Filing 10 NOTICE of Appearance by Harold E. Patricoff on behalf of Power Rental OP CO, LLC (Patricoff, Harold) |
| Filing 9 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 9/11/2020. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD) |
| Filing 8 Unopposed MOTION for Edmund M. O'Toole to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17297112 for $150 by Virgin Islands Water & Power Authority. (Attachments: #1 Exhibit Special Admission Attorney Certification)(Morreale, Frank) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 7 Unopposed MOTION for Anna G. Dimon to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17297062 for $150 by Virgin Islands Water & Power Authority. (Attachments: #1 Exhibit Special Admission Attorney Certification)(Morreale, Frank) Motions referred to Magistrate Judge James R. Klindt. |
| Filing 6 COMPLAINT against Virgin Islands Water & Power Authority, originally filed in the Fourth Judicial Circuit, Duval County on 6/24/2020 case #2020-CA-3609 filed by Power Rental OP CO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(KKH) |
| Filing 5 Second NOTICE of Appearance by Daniel M. Mahfood on behalf of Virgin Islands Water & Power Authority (Mahfood, Daniel) Modified to edit text on 9/11/2020 (KKH). |
| Filing 4 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge James R. Klindt. New case number: 3:20-cv-1015-J-32JRK. (SJB) |
| Filing 3 NOTICE of Appearance by Daniel Mahfood on behalf of Virgin Islands Water & Power Authority (Morreale, Frank) Modified to edit text on 9/11/2020 (KKH). |
| Filing 2 NOTICE of Appearance by Frank Edward Morreale on behalf of Virgin Islands Water & Power Authority (Morreale, Frank) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Duval County Circuit Court, case number 2020-CA-003609 filed in State Court on 06242020. Filing fee $ 400, receipt number 113A-17290943 filed by Virgin Islands Water & Power Authority. (Attachments: #1 State Court COMPLAINT Exhibit 1, #2 State Court Docket Sheet Exhibit 2, #3 State Court Other Documents Exhibit 3, #4 Civil Cover Sheet Civil Cover Sheet)(Morreale, Frank) |
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