Austin v. Waters et al
Plaintiff: David Austin
Defendant: Cypress Insurance Company, Wright Auto Sales, Inc and Robert Leslie Waters
Case Number: 3:2021cv00086
Filed: January 22, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Harvey E Schlesinger
Referring Judge: Joel B Toomey
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2021 Filing 22 Unopposed MOTION for Miscellaneous Relief, specifically Yes by Robert Leslie Waters. (Taylor, Kevin)
March 17, 2021 Filing 21 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 3/1/2022, Dispositive motions due by 4/1/2022, Final Pretrial Conference set for 8/10/2022 at 1:00 PM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger, Jury Trial set for trial term commencing on 10/3/2022 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. Signed by Deputy Clerk on 3/17/2021. (TPL)
March 16, 2021 Filing 20 RESPONSE in opposition re #6 Motion to Quash filed by David Austin. (Steger, Brett) Modified text on 3/17/2021. (AEJ).
March 16, 2021 Filing 19 RESPONSE in opposition re #4 Motion to Dismiss filed by David Austin. (Steger, Brett) Modified text on 3/17/2021. (AEJ)
March 16, 2021 Filing 18 AFFIDAVIT of Jan Greathouse by David Austin. (Steger, Brett)
March 15, 2021 Filing 17 MOTION for Miscellaneous Relief, specifically for Enlargement of Time to Perfect Service of Process Upon Defendants by David Austin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Steger, Brett)
March 11, 2021 Filing 16 AFFIDAVIT of Deputy William J. Patrick, MCSO Return of Service Wright Auto Sales, Inc. by David Austin. (Steger, Brett)
March 10, 2021 Filing 15 AFFIDAVIT of Brett L. Steger by David Austin. (Attachments: #1 Exhibit A, #2 Exhibit B)(Steger, Brett)
March 9, 2021 Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #12 Certificate of interested persons and corporate disclosure statement by Wright Auto Sales, Inc. (Guter, Brian)
March 8, 2021 Filing 13 MOTION to Strike #10 Proposed summons by Robert Leslie Waters. (Taylor, Kevin) Motions referred to Magistrate Judge Joel B. Toomey.
March 3, 2021 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Robert Leslie Waters. (Bannon, Shylie)
March 3, 2021 Filing 11 CASE MANAGEMENT REPORT. (Taylor, Kevin)
March 3, 2021 Filing 10 PROPOSED summons to be issued by David Austin. (Steger, Brett)
February 26, 2021 Opinion or Order Filing 9 ENDORSED ORDER granting #8 Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Defendants' Motions to Dismiss. Plaintiff shall have up to and including March 16, 2021 to respond to #4 Defendant, Robert Leslie Waters' Motion to Dismiss Complaint with Prejudice, Quash Service of Process and #6 Defendant, Wright Auto Sales' Motion to Quash Service of Process and Dismiss Complaint. Signed by Magistrate Judge Joel B. Toomey on 2/26/2021. (RLS)
February 25, 2021 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss Complaint with Prejudice Quash Service of Process, and Incorporated Memorandum of Law, #6 MOTION to Quash Service of Process and motion to dismiss by David Austin. (Steger, Brett) Motions referred to Magistrate Judge Joel B. Toomey.
February 10, 2021 Filing 7 NOTICE by Wright Auto Sales, Inc of Consent to Removal (Guter, Brian)
February 10, 2021 Filing 6 MOTION to Quash Service of Process and motion to dismiss by Wright Auto Sales, Inc. (Guter, Brian)
February 1, 2021 Filing 5 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases listed in Rule 3.02(d). These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (TPL)
January 27, 2021 Filing 4 MOTION to Dismiss Complaint with Prejudice Quash Service of Process, and Incorporated Memorandum of Law by Robert Leslie Waters. (Attachments: #1 Exhibit Exhibit A)(Bannon, Shylie)
January 25, 2021 Filing 3 COMPLAINT (filed in State Court on 7/11/2019) against All Defendants with Jury Demand filed by David Austin.(AEJ)
January 22, 2021 Filing 2 NEW CASE ASSIGNED to Senior Judge Harvey E. Schlesinger and Magistrate Judge Joel B. Toomey. New case number: 3:21-cv-0086-J-20JBT. (SJB)
January 22, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Duval County Circuit Court, case number 2019-CA-004937 filed in State Court on 07/11/2019. Filing fee $ 402, receipt number 113A-17800834 filed by Robert Leslie Waters. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 State Court COMPLAINT, #9 State Court Docket Sheet, #10 State Court Other Documents, #11 Civil Cover Sheet)(Bannon, Shylie)

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Defendant: Cypress Insurance Company
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Defendant: Wright Auto Sales, Inc
Represented By: Brian Michael Guter
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Defendant: Robert Leslie Waters
Represented By: Shylie A. Bannon
Represented By: Kevin Brandon Taylor, Jr.
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Plaintiff: David Austin
Represented By: Brett Lee Steger
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