Stewart v. Gwinnett Industries, Inc. et al
| Jay Stewart |
| Gwinnett Industries, Inc. and BMW (US) Holding Corp. |
| 3:2021cv00669 |
| July 6, 2021 |
| US District Court for the Middle District of Florida |
| Marcia Morales Howard |
| Monte C Richardson |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 20 CASE REFERRED to Mediation. (BGR) |
Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Plaintiff's disclosure statement due by 9/3/2021. Discovery due by 7/29/2022. Conduct mediation hearing by 8/8/2022. Dispositive motions due by 8/16/2022. Final Pretrial Conference set for 1/23/2023 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 2/6/2023 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 8/26/2021. (Attachments: #1 Mediation Report Form, #2 Court Docket)(JW)
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Filing 18
ENDORSED ORDER regarding #10 Plaintiff's Motion to Remand to State Court and Memorandum of Law in Support. Upon review of the record, given the absence of any stipulation or admission as to the amount in controversy, the extraordinarily significant sums set forth in the Proposals for Settlement served on each Defendant, and the legal consequences attendant to the service and/or acceptance of a proposal for settlement, the Court determines that Defendants have shown by a preponderance of the evidence that the amount in controversy in this action exceeds $75,000.00. As such, Plaintiff's Motion to Remand is denied. Signed by Judge Marcia Morales Howard on 8/26/2021. (JW)
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| Sealed Document S-17. (BGR) |
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Filing 16
ENDORSED ORDER regarding #15 Defendants' Response in Opposition to Plaintiff's Motion to Remand to State Court. No later than August 25, 2021, Defendants are directed to file under seal the proposals for settlement referenced in this response. Signed by Judge Marcia Morales Howard on 8/18/2021. (JW)
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| Filing 15 RESPONSE in Opposition re #10 MOTION to Remand to State Court and Memorandum of Law in Support filed by BMW (US) Holding Corp., Gwinnett Industries, Inc. (Attachments: #1 Exhibit Exhibit A)(Oldenburg, Tyler) (Modified on 8/18/2021, to edit text) (BGR). |
| Filing 14 CASE MANAGEMENT REPORT. (Oldenburg, Tyler) |
| Filing 13 NOTICE of Compliance with Local Rule 3.01(g) re #10 Motion to Remand by Jay Stewart (Taylor, Joshua) (Modified on 8/16/2021, to edit text) (BGR). |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by BMW (US) Holding Corp., Gwinnett Industries, Inc.. (Oldenburg, Tyler) |
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Filing 11
ORDER directing Plaintiff to file a supplement to his #10 Motion to Remand with the requisite Local Rule 3.01(g) Certification on or before August 13, 2021. See Order for details. Signed by Judge Marcia Morales Howard on 8/10/2021. (MHM)
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| Filing 10 MOTION to Remand to State Court and Memorandum of Law in Support by Jay Stewart. (Taylor, Joshua) (Modified on 8/5/2021, to edit text) (BGR). |
| Filing 9 NOTICE: Upon review of Defendants' Supplemental Filing in Support of Their Notice of Removal #8, the Court's sua sponte inquiry into its subject matter jurisdiction is satisfied. (DKM) |
| Filing 8 SUPPLEMENTAL Filing in Support of Notice of Removal by BMW (US) Holding Corp., Gwinnett Industries, Inc. re #7 Order (Oldenburg, Tyler) (Modified on 7/9/2021, to edit text) (BGR). |
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Filing 7
ORDERED: Defendants shall have up to and including July 16, 2021 to provide the Court with sufficient information so that it can determine whether it has diversity jurisdiction over this action. See Order for details. Signed by Judge Marcia Morales Howard on 7/8/2021. (DKM)
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| Filing 6 ANSWER and affirmative defenses to #3 Complaint by Gwinnett Industries, Inc. (originally filed in Duval County Circuit Court on 12/4/2020).(BGR) |
| 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. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) |
| Filing 4 ANSWER and affirmative defenses to #3 Complaint by BMW (US) Holding Corp. (originally filed in Duval County Circuit Court on 11/12/2020).(BGR) |
| Filing 3 COMPLAINT against BMW (US) Holding Corp., Gwinnett Industries, Inc. with Jury Demand filed by Jay Stewart (originally filed in Duval County Circuit Court on 7/8/2020).(BGR) |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Monte C. Richardson. New case number: 3:21-cv-0669-MMH-MCR. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Duval County Courthouse, case number 2020CA3869 filed in State Court on 07/08/20. Filing fee $ 402, receipt number AFLMDC-18440943 filed by All Defendants. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court ANSWER, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Oldenburg, Tyler) |
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