Melanson v. SunRun Installation Services, Inc
| Patty Melanson |
| SunRun Installation Services, Inc |
| Gregory Holder |
| SunRun Installation Services, Inc |
| Freedom Forever, LLC |
| 5:2025cv00583 |
| September 18, 2025 |
| U.S. District Court for the Middle District of Florida |
| Philip R Lammens |
| Kathryn Kimball Mizelle |
| Torts to Land |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 16, 2026. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 39 NOTICE TO COUNSEL Alexandra Taboada 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). (MSN) |
| Filing 38 MEMORANDUM in support re #19 Motion to Compel, #37 Order filed by SunRun Installation Services, Inc. (Taboada, Alexandra) |
Filing 37
ORDER: The parties must brief whether the Agreement delegates questions of "enforceability" to the arbitrator. The parties must explain whether the JAMS rules delegate questions of enforceability, and, if so, whether the rules "conflict" with the agreement under Florida contract law. The parties must also provide a copy of the relevant JAMS rules. SunRun must file its brief by March 16, and Melanson must file her brief by March 23. Signed by Judge Kathryn Kimball Mizelle on 3/2/2026. (MLR)
|
|
Filing 36
MEDIATION ORDER: This case is set for mediation on April 1, 2026. Within seven days following the mediation conference, Lead Counsel shall file a Mediation Report Signed by Judge Kathryn Kimball Mizelle on 1/21/2026. (MLR)
|
| Filing 35 NOTICE of mediation conference/hearing to be held on April 1, 2026 before Gregory Holder, Esq.. (Dunivan, Bryant) |
|
Filing 34
ENDORSED ORDER: The #24 Case Management Scheduling Order requires Lead Counsel to file a mediation notice by January 12, 2026. Lead Counsel fails to comply. Lead Counsel must submit a mediation notice no later than January 21, 2026. Signed by Judge Kathryn Kimball Mizelle on 1/14/2026. (MLR)
|
| Filing 33 SUMMONS issued as to Freedom Forever, LLC. (MGB) |
| Filing 32 PROPOSED summons to be issued by SunRun Installation Services, Inc. (Taboada, Alexandra) |
| Filing 31 THIRD PARTY COMPLAINT against Freedom Forever, LLC filed by SunRun Installation Services, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Taboada, Alexandra) |
|
Filing 30
ENDORSED ORDER granting the #29 motion to file a third-party complaint. SunRun shall file the complaint no later than January 9, 2026. The #28 motion is DENIED as moot. Signed by Judge Kathryn Kimball Mizelle on 1/6/2026. (MLR)
|
| Filing 29 Supplemental MOTION for Leave to File Third-Party Complaint by SunRun Installation Services, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Taboada, Alexandra) |
| Filing 28 MOTION for Leave to File Third-Party Complaint by SunRun Installation Services, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Taboada, Alexandra) |
| Filing 27 REPLY to Response to Motion re #19 MOTION to Compel Arbitration filed by SunRun Installation Services, Inc. (Taboada, Alexandra) |
|
Filing 26
ENDORSED ORDER granting Defendant's #23 Motion for Leave to File a Reply. The Defendant may reply to the #22 Response no later than December 3, 2025, and in a brief no longer than seven pages. Signed by Judge Kathryn Kimball Mizelle on 11/19/2025. (MLR)
|
| Filing 25 CASE REFERRED to Mediation. (LJC) |
|
Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by June 19, 2026. Dispositive motions due by July 27, 2026. Pretrial Conference scheduled for December 10, 2026, at 1:30 PM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the January 2027 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by July 17, 2026. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 11/18/2025. (GSO)
|
| Filing 23 MOTION for Leave to File Reply to Plaintiff's Response in Opposition to Defendant's Motion to Compel Arbitration by SunRun Installation Services, Inc. (Taboada, Alexandra) |
| Filing 22 RESPONSE in Opposition re #19 MOTION to Compel Arbitration filed by Patty Melanson. (Dunivan, Bryant) |
| Filing 21 CASE MANAGEMENT REPORT. (Wells, Chloe) |
|
Filing 20
ENDORSED ORDER: The Court's #3 Civil Case Standing Order directs parties to file a Case Management Report within forty days after removal. The parties failed to do so. The parties shall meet and file the report in compliance with the Court's #3 order no later than November 14, 2025. Signed by Judge Kathryn Kimball Mizelle on 11/2/2025. (MLR)
|
| Filing 19 MOTION to Compel Arbitration by SunRun Installation Services, Inc. (Taboada, Alexandra) Motions referred to Magistrate Judge Philip R. Lammens. |
| Filing 18 NOTICE of Non-Objection to Defendants' Response to Court Order by Patty Melanson. (Dunivan, Bryant) |
| Filing 17 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Patty Melanson. (Dunivan, Bryant) |
|
Filing 16
ENDORSED ORDER: As required by Local Rule 3.03, plaintiff must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Plaintiff must file the foregoing by using the template on the undersigned's website under the "forms" tab. Plaintiff must file the Disclosure Statement and Certification no later than October 10, 2025. Signed by Judge Kathryn Kimball Mizelle on 10/7/2025. (MLR)
|
| Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by SunRun Installation Services, Inc identifying Corporate Parent Sunrun South LLC, Corporate Parent Sunrun Inc. for SunRun Installation Services, Inc. (Taboada, Alexandra) Modified on 10/7/2025 to edit docket text. (WLB). |
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by SunRun Installation Services, Inc. Related case(s): No (Taboada, Alexandra) |
| Filing 13 NOTICE by SunRun Installation Services, Inc. Statement in Opposition to Remand (Attachments: #1 Exhibit A)(Taboada, Alexandra) Modified text on 10/6/2025 (KME). |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Patty Melanson. Related case(s): No (Dunivan, Bryant) |
| Filing 11 NOTICE of Appearance by Bryant H Dunivan, Jr. on behalf of Patty Melanson (Dunivan, Bryant) Modified text on 10/6/2025 (KME). |
| Filing 10 NOTICE TO COUNSEL Bryant H Dunivan, Jr 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). (JVC) |
|
Filing 9
ORDER granting #7 Defendant's motion for withdrawal of Elizabeth E. Shuman, Esq. as counsel of record. Signed by Magistrate Judge Philip R. Lammens on 10/2/2025. (AR)
|
| Filing 8 NOTICE TO COUNSEL Kristina L. Marsh, Alexandra M. Taboada, and Chloe L. Wells 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). (MSN) |
| Filing 7 Unopposed MOTION to Withdraw as Counsel, Elizabeth E. Shuman, for Defendant by SunRun Installation Services, Inc. (Marsh, Kristina) Modified on 9/29/2025 to edit docket text (MSN). |
| Filing 6 NOTICE of Appearance, Notice of Lead Counsel Designation, and Notice of Designation of E-mail Addresses by Kristina Lynn Marsh on behalf of SunRun Installation Services, Inc. Lead Counsel: Kristina L. Marsh. (Marsh, Kristina) Modified on 9/29/2025 to edit docket text (MSN). |
|
Filing 5
ENDORSED ORDER: Defendant SunRun Installation Services, Inc. is directed to explain, no later than October 3, 2025, why this action should not be remanded for lack of subject-matter jurisdiction. Specifically, SunRun should address why the amount-in-controversy requirement is satisfied in the light of SunRun's failure to provide any information about the outstanding balance of the contract or the potential cost of repairing or replacing plaintiff Patty Melanson's roof. See 28 U.S.C. 1332; Notice of Removal (Doc. 1) 19-20 (explaining that the original value of the agreement was $47,499.72); Compl. (Doc. 1-1) 40 (seeking relief from "further performing under the agreement"). More, if SunRun wants attorney's fees to be considered, it must explain the basis for considering attorney's fees and the amount reasonably at issue. See Federated Mut. Ins. Co. v. McKinnon Motors, LLC, 329 F.3d 805, 808 n.4 (11th Cir. 2003) ("The general rule is that attorneys' fees do not count towards the amount in controversy unless they are allowed for by statute or contract."); Scott v. Walmart, Inc., 528 F. Supp. 3d 1267, 1278 (M.D. Fla. 2021) ("Defendants merely allege that attorney's fees should be added to Plaintiff's claim and do not allege that a particular amount of fees should be added or provide the Court with the information necessary to calculate attorney's fees."). Melanson may respond no later than October 10, 2025. Signed by Judge Kathryn Kimball Mizelle on 9/22/2025. (SJR)
|
| Filing 4 NOTICE 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). (LNR) |
|
Filing 3
CIVIL CASE STANDING ORDER. The Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after removal. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days. Signed by Judge Kathryn Kimball Mizelle on 9/22/2025. (SJR)
|
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Philip R. Lammens. New case number: 5:25-cv-583-KKM-PRL. (RLD) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Fifth Judicial Circuit, Lake County, case number 25-CA-001876 filed in State Court on 8/25/25. Filing fee $405, receipt number AFLMDC-23886484 filed by SunRun Installation Services, Inc. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 Exhibit B - DEC ISO Removal, #3 State Court Docket Sheet Exhibit C, #4 State Court Other Documents Exhibit D, #5 Civil Cover Sheet Exhibit E)(Shuman, Elizabeth) Modified text on 9/22/2025 (LNR). |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
