FEC Highway Services, LLC v. Penske Truck Leasing Co. L.P.
Plaintiff: FEC Highway Services, LLC
Defendant: Penske Truck Leasing CO, LP
Cross-Plaintiff: Penske Truck Leasing CO, LP
Cross-Defendant: Florida East Coast Holdings Corporation, FEC Row, LLC and FEC Real Estate Services, LLC
Counter-Claimant: Penske Truck Leasing CO, LP
Counter-Defendant: FEC Highway Services, LLC
Case Number: 3:2025cv00256
Filed: March 7, 2025
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Samuel J Horovitz
Referring Judge: Marcia Morales Howard
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 24, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 24, 2025 Filing 17 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JOS)
April 23, 2025 Opinion or Order Filing 16 ORDER granting #15 Plaintiff's Response to Order to Show Cause and Motion to Dismiss Action Without Prejudice. This case is dismissed without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 4/23/2025. (JW)
April 22, 2025 Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re #14 Order to show cause filed by FEC Highway Services, LLC. (Jones, Darren)
April 15, 2025 Opinion or Order Filing 14 ORDER to Show Cause: Plaintiff shall have up to and including April 22, 2025, to show cause why this case should not be dismissed for lack of subject matter jurisdiction. Defendant may respond to Plaintiff's show cause response on or before April 29, 2025. See Order for details. Signed by Judge Marcia Morales Howard on 4/15/2025. (JPA)
April 7, 2025 Filing 13 NOTICE by Penske Truck Leasing CO, LP re #8 Answer to Complaint, Third Party Complaint, Counterclaim Exhibit (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Osgathorpe, John)
April 4, 2025 Filing 12 RESPONSE re #7 Order to Show Jurisdiction filed by FEC Highway Services, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Jones, Darren)
April 2, 2025 Filing 11 NOTICE of Lead Counsel Designation by John David Osgathorpe on behalf of Penske Truck Leasing CO, LP. Lead Counsel: John D. Osgathorpe. (Osgathorpe, John)
April 2, 2025 Filing 10 NOTICE TO COUNSEL Kenneth Alan Tomchin, Taylor McMahon, and John David Osgathorpe of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (MSN)
April 1, 2025 Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Penske Truck Leasing CO, LP. (Osgathorpe, John)
April 1, 2025 Filing 8 ANSWER to #1 Complaint , THIRD PARTY COMPLAINT against Florida East Coast Holdings Corporation, FEC Row, LLC, FEC Real Estate Services, LLC, COUNTERCLAIM against FEC Highway Services, LLC by Penske Truck Leasing CO, LP. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Osgathorpe, John) Counsel to refile exhibits with the proper page orientation. Modified text on 4/2/2025 (AM).
March 24, 2025 Opinion or Order Filing 7 ORDER: Plaintiff shall have up to and including April 4, 2025, to provide the Court with sufficient information so that it can determine whether it has subject matter jurisdiction over this action. See Order for details. Signed by Judge Marcia Morales Howard on 3/24/2025. (JPA)
March 13, 2025 Filing 6 NOTICE of Lead Counsel Designation by Joshua R. La Bouef on behalf of FEC Highway Services, LLC. Lead Counsel: Darren C. Jones. (La Bouef, Joshua)
March 12, 2025 Filing 5 PROPOSED summons to be issued by FEC Highway Services, LLC. (La Bouef, Joshua) Modified on 3/12/2025 to edit docket text (JDR).
March 11, 2025 Filing 4 NOTICE TO COUNSEL Darren Curtis Jones, Matthew T. Jackson, Joshua R. La Bouef of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ABM)
March 11, 2025 Filing 3 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)
March 10, 2025 Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Samuel J. Horovitz. New case number: 3:25-cv-256-MMH-SJH. (TNP)
March 7, 2025 Filing 1 COMPLAINT against Penske Truck Leasing CO, LP (Filing fee $405 receipt number AFLMDC-23103580) filed by FEC Highway Services, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(La Bouef, Joshua)

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Search for this case: FEC Highway Services, LLC v. Penske Truck Leasing Co. L.P.
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Defendant: Penske Truck Leasing CO, LP
Represented By: Taylor McMahon
Represented By: Kenneth Alan Tomchin
Represented By: John David Osgathorpe
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Plaintiff: FEC Highway Services, LLC
Represented By: Matthew T. Jackson
Represented By: Darren Curtis Jones
Represented By: Joshua R. La Bouef
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Cross-plaintiff: Penske Truck Leasing CO, LP
Represented By: Taylor McMahon
Represented By: Kenneth Alan Tomchin
Represented By: John David Osgathorpe
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Cross-defendant: Florida East Coast Holdings Corporation
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Cross-defendant: FEC Row, LLC
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Cross-defendant: FEC Real Estate Services, LLC
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Counter-claimant: Penske Truck Leasing CO, LP
Represented By: Taylor McMahon
Represented By: Kenneth Alan Tomchin
Represented By: John David Osgathorpe
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Counter-defendant: FEC Highway Services, LLC
Represented By: Matthew T. Jackson
Represented By: Darren Curtis Jones
Represented By: Joshua R. La Bouef
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