Allen, Jr. et al v. Evans Delivery Company, Inc. et al
| Ralph Allen, Jr. and Patricka Graham |
| Evans Delivery Company, Inc., Gregory Carter and Savannah Transport, LLC |
| 3:2025cv01121 |
| September 19, 2025 |
| U.S. District Court for the Middle District of Florida |
| Samuel J Horovitz |
| Jordan Emery Pratt |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 20, 2026. A more recent docket listing may be available from PACER.
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Filing 51
ORDER denying without prejudice #50 Joint Stipulation Regarding Rule 35 Compulsory Medical Examination of Plaintiff ("Stipulation") to the extent the Stipulation could be construed to request further relief from the Court. Signed by Magistrate Judge Samuel J. Horovitz on 2/20/2026. (KTQ)
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| Filing 50 JOINT Stipulation Regarding Rule 35 Compulsory Medical Examination of Plaintiff by Gregory Carter, Evans Delivery Company, Inc., Savannah Transport, LLC. (Rudowich, William) (Modified on 2/20/2026, to edit text) (BGR). |
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Filing 49
ENDORSED ORDER granting #48 Plaintiffs, Ralph Allen, Jr. and Patrick Grahams', Unopposed Motion to Withdraw as Additional Counsel of Record. Andrew C. McKinney, Esq., is hereby permitted to withdraw as counsel for Plaintiffs. The Clerk is directed to terminate Mr. McKinney as counsel of record. Signed by Magistrate Judge Samuel J. Horovitz on 2/6/2026. (JLW)
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| Filing 48 MOTION for Andrew C. McKinney to Withdraw as Attorney by All Plaintiffs. (McKinney, Andrew) Motions referred to Magistrate Judge Samuel J. Horovitz. |
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Filing 47
ENDORSED ORDER denying #46 Plaintiffs' Unopposed Motion to Withdraw as Additional Counsel of Record without prejudice to the filing of a motion in compliance with Local Rule 2.02(c)(2). Signed by Magistrate Judge Samuel J. Horovitz on 2/5/2026. (KTQ)
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| Filing 46 Unopposed MOTION for Andrew C. McKinney to Withdraw as Attorney Additional Counsel Of Record by All Plaintiffs. (Butler, Blair) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 45 NOTICE of mediation conference/hearing to be held on June 3, 2026 at 1:00PM before J. Michael Traynor. (Traynor, John) |
| Filing 44 RESPONSE in Opposition re #43 First MOTION In Limine regarding Irrelevant Medical Conditions filed by Gregory Carter, Evans Delivery Company, Inc., Savannah Transport, LLC. (Rudowich, William) |
| Filing 43 First MOTION In Limine regarding Irrelevant Medical Conditions by All Plaintiffs. (Butler, Blair) |
| Filing 42 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/12/2026; Joinder of Parties due by 1/12/2026; Plaintiff disclosure of expert report due by 6/1/2026; Defendant disclosure of expert report due by 6/1/2026; Discovery due by 10/13/2026; Dispositive motions due by 11/13/2026; Pretrial statement due by 3/16/2027; All other motions due by 3/16/2027; Conduct mediation hearing by 12/1/2026. (Lead counsel to coordinate dates) Final Pretrial Conference set for 3/23/2027 at 3:00 PM in Jacksonville Courtroom 10 A before Judge Jordan Emery Pratt; Jury Trial set for trial term commencing 4/5/2027 at 09:00 AM in Jacksonville Courtroom 10 A before Judge Jordan Emery Pratt. Signed by Deputy Clerk on 12/2/2025. (Attachments: #1 Mediation Report, #2 Docket Sheet)(TPL) |
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Filing 41
ENDORSED ORDER striking #34-#38 Notices per #39 Notice of Filing Error. See also Fed. R. Civ. P. 5(d)(1). Signed by Magistrate Judge Samuel J. Horovitz on 11/14/2025. (SS)
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| Filing 40 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Savannah Transport, LLC. (Fallin, Sorena) |
| Filing 39 NOTICE of Filing Error by Ralph Allen, Jr. (Butler, Blair) Modified docket text on 11/14/2025 (JOS). |
| Filing 38 STRICKEN per Endorsed Order 41. NOTICE by Ralph Allen, Jr. Request to Produce to Defendant, Evans Delivery Company, Inc. (Butler, Blair) Modified text on 11/17/2025 (BD). |
| Filing 37 STRICKEN per Endorsed Order 41. NOTICE by Ralph Allen, Jr. Request to Produce to Defendant, Gregory Carter (Butler, Blair) Modified text on 11/17/2025 (BD). |
| Filing 36 STRICKEN per Endorsed Order 41. NOTICE by Ralph Allen, Jr. Notice of Serving Interrogatories to Defendant, Gregory Carter (Butler, Blair) Modified text on 11/17/2025 (BD). |
| Filing 35 STRICKEN per Endorsed Order 41. NOTICE by Ralph Allen, Jr. Notice of Serving Interrogatories to Defendant, Evans Delivery Company Inc. (Butler, Blair) Modified text on 11/17/2025 (BD). |
| Filing 34 STRICKEN per Endorsed Order 41. NOTICE by Ralph Allen, Jr. Notice of Serving Interrogatories to Defendant, Gregory Carter (Butler, Blair) Modified text on 11/17/2025 (BD). |
| Filing 33 NOTICE by Ralph Allen, Jr. Notice of Rule 26(a) Disclosure (Butler, Blair) |
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Filing 32
ENDORSED ORDER. By November 14, 2025, in accord with Local Rule 3.03, Defendant, Savannah Transport, LLC, must file a disclosure statement using the form on the court's website, www.flmd.uscourts.gov. As information, the form changed effective November 1, 2025. Signed by Magistrate Judge Samuel J. Horovitz on 11/7/2025. (SS)
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| Filing 31 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Savannah Transport, LLC. (Rudowich, William) |
| Filing 30 Case Reassigned to Judge Jordan E. Pratt. New case number: 3:25-cv-1121-JEP-SJH. Judge Marcia Morales Howard no longer assigned to the case. (jkl) |
| Filing 29 NOTICE of Lead Counsel Designation by Sorena Fallin on behalf of Savannah Transport, LLC. Lead Counsel: Sorena S. Fallin, Esq. (Fallin, Sorena) Modified on 11/6/2025 as to docket text (LJC). |
| Filing 28 Defendants' ANSWER and affirmative defenses with Jury Demand to #23 Amended Complaint by Gregory Carter, Evans Delivery Company, Inc., Savannah Transport, LLC.(Rudowich, William) |
| Filing 27 Joint STIPULATION re #22 Order on Motion to Dismiss, Order on Motion to Amend / Correct / Modify / Supplement on Citizenship of Savannah Transport, LLC by Gregory Carter, Evans Delivery Company, Inc. (Attachments: #1 Exhibit A)(Rudowich, William) Modified on 11/6/2025 as to docket text (LJC). |
| Filing 26 CASE MANAGEMENT REPORT. (Fallin, Sorena) |
| Filing 25 SUMMONS issued as to Savannah Transport, LLC. (MCB) |
| Filing 24 PROPOSED summons to be issued by Ralph Allen, Jr., Patricka Graham. (McKinney, Andrew) |
| Filing 23 FIRST AMENDED COMPLAINT against Gregory Carter, Evans Delivery Company, Inc., Savannah Transport, LLC with Jury Demand. Terminating Lee Sikes filed by All Plaintiffs.(LD) |
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Filing 22
ORDER granting #19 Plaintiffs' Motion for Leave to Amend Complaint and Change Case Style and denying as moot #13 Motion to Dismiss Count III. The Clerk of Court is directed to file as a separate document [19-1] Plaintiffs' 1st Amended Complaint, and to update the case style in accordance with the Amended Complaint. On or before November 7, 2025, the parties are directed to show cause in writing why this case should not be remanded to state court for lack of subject matter jurisdiction. Signed by Magistrate Judge Samuel J. Horovitz on 10/21/2025. (SS)
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| Filing 21 NOTICE of Additional Counsel of Record Appearance by Andrew McKinney on behalf of Ralph Allen, Jr., Patricka Graham (McKinney, Andrew) |
| Filing 20 SUPPLEMENT Motion to Dismiss Count III of Plaintiffs' Complaint re #18 Order by Evans Delivery Company, Inc. (Rudowich, William) Modified on 10/8/2025 to edit the docket text (MLB). |
| Filing 19 Unopposed MOTION to Amend #7 Complaint and Change Case Style by Ralph Allen, Jr., Patricka Graham. (Attachments: #1 Exhibit 1st Amended Complaint)(Butler, Blair) Motions referred to Magistrate Judge Samuel J. Horovitz. |
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Filing 18
ORDER directing Defendant Evans Delivery Company, Inc., to file a supplement to #13 its Motion to Dismiss Count III of Plaintiffs' Complaint with the requisite certification under Local Rule 3.01(g). Evans shall file its supplement on or before October 8, 2025. See Order for details. Signed by Judge Marcia Morales Howard on 10/3/2025. (EJK)
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| Filing 17 NOTICE of Lead Counsel Designation by Sorena Fallin on behalf of Gregory Carter. Lead Counsel: Sorena S. Fallin, Esq.. (Fallin, Sorena) |
| Filing 16 NOTICE TO COUNSEL Sorena Fallin and William Patrick Rudowich 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, as to Defendant Gregory Carter. (Signed by Deputy Clerk). (WLB) |
| Filing 15 NOTICE TO COUNSEL Sorena Fallin of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (WLB) |
| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Gregory Carter, Evans Delivery Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Rudowich, William) Modified on 10/1/2025 to edit docket text. (WLB). |
| Filing 13 MOTION to Dismiss Count III of Plaintiffs' Complaint by Evans Delivery Company, Inc. (Attachments: #1 Exhibit A)(Rudowich, William) Modified text on 9/30/2025 (MGB). |
| Filing 12 ANSWER and affirmative defenses to #7 Complaint with Jury Demand by Gregory Carter.(Rudowich, William) Modified text on 9/30/2025 (MGB). |
| Filing 11 NOTICE by Evans Delivery Company, Inc. re #1 Notice of Removal Supplement (Attachments: #1 Exhibit A)(Rudowich, William) Modified text on 9/30/2025 (MGB). |
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Filing 10
ENDORSED ORDER directing Defendant Evans Delivery Company, Inc., to file a supplement to #1 its Notice of Removal stating whether all properly joined and served defendants consent to the removal of this action. See 28 U.S.C. 1446(b)(2)(A); Russell Corp. v. Am. Home Assurance Co., 264 F.3d 1040, 1044, 1049 (11th Cir. 2001) (abrogation on other grounds recognized by Overlook Gardens Props., LLC v. ORIX USA, L.P., 927 F.3d 1194 (11th Cir. 2019)). Evans Delivery Company shall file its supplement on or before September 29, 2025. Signed by Judge Marcia Morales Howard on 9/26/2025. (EJK)
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| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Ralph Allen, Jr., Patricka Graham. (Butler, Blair) |
| Filing 8 NOTICE of Lead Counsel Designation by Blair Crimson Butler on behalf of Ralph Allen, Jr., Patricka Graham. Lead Counsel: Blair C. Butler. (Butler, Blair) |
| Filing 7 COMPLAINT against Gregory Carter, Evans Delivery Company, Inc., Lee Sikes with Jury Demand, filed by Ralph Allen, Jr., Patricka Graham. (Filed in state court on 8/25/2025.)(LNR) |
| Filing 6 NOTICE by Evans Delivery Company, Inc. re #1 Notice of Removal (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents)(Rudowich, William) |
| Filing 5 NOTICE TO COUNSEL William Patrick Rudowich and Sorena Fallin of Local Rule 1.06(b), which requires a legible copy of each paper docketed in the state court. File the complete state court record using the Notice (Other) event. The state court record must be attached as separate files. Refer to the Attorney Civil Case Opening Manual (www.flmd.uscourts.gov), for details on how to attach and describe the state court record (Signed by Deputy Clerk). (LAW) |
| Filing 4 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 3 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Samuel J. Horovitz. New case number: 3:25-cv-1121-MMH-SJH. (LAW) |
| Filing 2 NOTICE of Lead Counsel Designation by Sorena Fallin on behalf of Evans Delivery Company, Inc. Lead Counsel: Sorena Fallin, Esq. (Fallin, Sorena) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Fourth Judicial Circuit, Duval County, case number 16-2025-CA-005235 filed in State Court on 08/25/2025. Filing fee $405, receipt number AFLMDC-23892542 filed by Evans Delivery Company, Inc. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 State Court Docket Sheet Exhibit B, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L)(Rudowich, William) Modified text on 9/23/2025 (LNR). |
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