Southstar Capital Group, I, LLC et al v. 1662 Multifamily LLC et al
| Southstar Capital Group, I, LLC, Durban Road TIC, LLC and Cottington Road TIC, LLC |
| JCH Investments, Inc., Hines Real Estate Holdings Limited Partnership, Urban Oaks Builders, LLC, 1662 Multifamily LLC, Hines Investment Management Holdings Limited Partnership, Hines Interest Limited Partnership, HIMH GP, LLC and Hines 1662 Mulitfamily, LLC |
| 6:2018cv01453 |
| September 6, 2018 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Anne C Conway |
| Roy B Dalton |
| Daniel C Irick |
| Gregory J Kelly |
| Contract: Other |
| 28 U.S.C. § 1452 |
| Both |
Docket Report
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This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
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| Filing 72 APPELLANT'S BRIEF by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. (Attachments: #1 Appendix of Appellants Southstar Capital Group I, LLC, Cottington Road TIC, LLC and Durban Road TIC, LLC)(Kramer, Matthew) Modified on 9/17/2019 (RDO). |
| Filing 71 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: Doc #29 Motion for Stay Pending Appeal (Attachments: #1 Doc #31 Certificate of Mailing, #2 Doc #34 Order Denying Motion for Stay Pending Appeal, #3 Doc #35 Notice of Serving Order Denying Motion for Stay Pending Appeal, #4 Doc #36 Notice of Filing Transcript, #5 Doc #37 Response to Plaintiff's Motion for Leave to Appeal, #6 Doc #38 Statement of Issues on Appeal, #7 Doc #39 Appellant Designation, #8 Docket Sheet)(AB) |
| Filing 70 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: Doc #16 Notice of Filing of Affidavits in Connection with Objection to Transfer (Attachments: #1 Doc #17 Order Granting Motion To Appear pro hac vice of Joseph Colagiovanni, #2 Doc #18 Proof of Service, #3 Doc #19 Notice of Filing Exhibits, #4 Doc #20 Notice of Appearance, #5 Doc #22 Pro Memo, #6 Doc #23 Proof of Service, #7 Doc #24 Notice of Compliance of Order Granting Motion To Appear pro hac vice, #8 Doc #25 Notice of Compliance of Order Granting Motion To Appear pro hac vice, #9 Doc #26 Order Granting Motion to Transfer, #10 Doc #28 Notice of Appeal)(AB) |
| Filing 69 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: Doc #3 Dipositive Motion to Abstain and Remand (Attachments: #1 Doc #4 Opposition to Motion to Transfer Venue, #2 Doc #5 Response to Motion to Abstain and Remand, #3 Doc #6 Notice of Hearing, #4 Doc #7 Notice of Hearing, #5 Doc #10 Notice of Appearance, #6 Doc #11 Notice of Appearance, #7 Doc #12 Notice of Appearance, #8 Doc #13 Agreed Motion of Matthew Okin to Appear pro hac vice, #9 Doc #14 Order Granting Motion To Appear pro hac vice of Matthew Okin, #10 Doc #15 Agreed Motion of Joseph Colagiovanni to Appear pro hac vice)(AB) |
| Filing 68 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: Notice of Transmittal of Record on Appeal (Doc 44) filed by Southstar Capital Group, I, LLC. (Attachments: #1 Doc 1 Notice of Transfer Case to BK Court, #2 Doc 2 Motion to Transfer Venue, #3 Doc 2 Exhibit A, #4 Doc 2 Exhibit A pt 2 of 4, #5 Doc 2 Exhibit A pt 3 of 4, #6 Doc 2 Exhibit A pt 4 of 4, #7 Doc 2 Exhibit B)(AB) |
Filing 67
ORDER granting #59 Motion for Leave to Appeal; granting #64 Motion to Stay. See Order for details. Signed by Judge Paul G. Byron on 8/8/2019. (JRJ)
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| Filing 66 REPLY re #65 Response in Opposition to Motion by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. (Attachments: #1 Exhibit A)(Kramer, Matthew) |
| Filing 65 RESPONSE in Opposition re #64 Amended MOTION for Stay Pending Appeal filed by Urban Oaks Builders, LLC. (Attachments: #1 Exhibit A, June 11, 2019 Order from Texas Bankruptcy Court, #2 Exhibit B, UOB's Response in Opposition to Plaintiffs' Motion for Leave to Appeal and Motion to Dismiss Plaintiffs' Appeal)(Richards, Scott) |
| Filing 64 Amended MOTION for Stay Pending Appeal by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Appendix D)(Kramer, Matthew) Modified on 6/12/2019 (AC). |
| Filing 63 REPLY to Response to Motion re #59 MOTION for leave to appeal and response to motion to dismiss appeal filed by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. (Kramer, Matthew) |
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Filing 62
ENDORSED ORDER denying #61 Motion to Stay for failure to comply with Local Rule 3.01(g). Signed by Judge Paul G. Byron on 6/11/2019. (SCM)
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| Filing 61 MOTION to stay Pending Appeal by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kramer, Matthew) |
| Filing 60 RESPONSE to Motion re #59 MOTION for leave to appeal filed by Urban Oaks Builders, LLC. (filed in Bankruptcy Court on 6/4/2019) (MAA) |
| Filing 59 MOTION for leave to appeal by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. (filed in Bankruptcy Court on 5/21/2019) (MAA) |
| Filing 58 Case Reassigned to Judge Paul G. Byron. New case number: 6:18-cv-1453-Orl-40DCI. Judge Anne C. Conway no longer assigned to the case. (MAA) |
| Filing 57 BANKRUPTCY RECORD on appeal received consisting of items as designated on transmittal including: filed by Southstar Capital Group, I, LLC. (Attachments: #1 Motion for Leave to Appeal Doc. No. 30, #2 Amended Notice of Appeal Doc. No. 32, #3 Response to Plaintiff's Motion for Leave to Appeal and Motion to Dismiss Plaintiff's Appeal Doc. 37)(SL) |
| Filing 56 TRANSMITTAL to bankruptcy court forwarding #55 Order. (MAA) |
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Filing 55
ORDER Referring to United States Bankruptcy Court. The case is referred to the United States Bankruptcy Court for the Middle District of Florida, Orlando Division, for all further proceedings in accordance with 28 U.S.C. 157. The Clerk is directed to transfer the case to the United States Bankruptcy Court for the Middle District of Florida, Orlando Division. The Clerk is further directed to close the file. Signed by Judge Anne C. Conway on 12/31/2018. (RMF)
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| Mail returned as Undeliverable re: #52 Order on motion to stay discoveryOrder on Motion for Extension of Time to Complete Discovery. Mail not resent to Omar Alaniz due to receiving NEF. (RMF) |
| Filing 54 MEDIATION report Hearing held on 11/12/18. Hearing outcome: Continued.. (Freud, John) |
| Mail returned as Undeliverable re: #26 Order on motion to appear pro hac vice. Mail electronically resent to Katherine Brooker and Joseph Colagiovanni. Not resent to Omar Alaniz due to no email address or other physical address. (RMF) |
| Filing 53 RESPONSE to Motion re #25 Dispositive MOTION to Abstain and remand to State Court filed by Urban Oaks Builders, LLC. (Perkins, Jason) |
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Filing 52
ORDER denying #7 Motion to stay discovery; denying #9 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Daniel C. Irick on 10/3/2018. (JET)
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| Filing 51 NOTICE by Urban Oaks Builders, LLC re #1 Notice of Removal (Attachments: #1 Civil Cover Sheet Second Amended)(Perkins, Jason) |
| Filing 50 AMENDED document by Urban Oaks Builders, LLC. Amendment to #1 Notice of Removal Civil Cover Sheet. (Perkins, Jason) |
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Filing 49
ORDER Denying Defendant's Motion to Submit Information to Court for In Camera Review #39 as unnecessary. The removing party, Urban Oaks Builders, LLC, is Ordered to file an Amended Civil Cover sheet by 10/3/2018. Signed by Judge Anne C. Conway on 10/1/2018. (RMF)
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| Filing 48 Case Reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:18-cv-1453-Orl-DCI. Magistrate Judge Gregory J. Kelly no longer assigned to the case. (MAA) Motions 7,9 &10 referred to Magistrate Judge Daniel C. Irick. |
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Filing 47
ORDER of Transfer to Magistrate Judge Donald C. Irick, with his permission, to be considered along with 6:18-cv-1147-Orl-22DCI. Signed by Magistrate Judge Gregory J. Kelly on 9/27/2018. (HMK)
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| Filing 46 CERTIFICATE of counsel re #44 Certificate of counsel Amended Certificate of Service by Matthew Ian Kramer on behalf of Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC (Kramer, Matthew) |
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Filing 45
ORDER granting #36 motion to stay. Signed by Judge Anne C. Conway on 9/26/2018. (Conway, Anne)
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| ***PRO HAC VICE FEES paid by attorney Omar Alaniz, appearing on behalf of Urban Oaks Builders, LLC (Filing fee $150 receipt number ORL077175.) Related document: #23 MOTION for Omar Alaniz to appear pro hac vice. (RCN) |
| Filing 44 CERTIFICATE of counsel re #31 Affidavit, #29 Objection, #30 Affidavit Certificate of Service by Matthew Ian Kramer on behalf of Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC (Kramer, Matthew)(NOT SIGNED). Modified on 9/26/2018 (RMF). |
| Filing 43 NOTICE of pendency of related cases re #13 Related case order and track 2 notice per Local Rule 1.04(d) by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. Related case(s): yes (Kramer, Matthew) |
| Filing 42 CERTIFICATE of interested persons and corporate disclosure statement re #14 Interested persons order by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. (Kramer, Matthew) |
| Filing 41 NOTICE of pendency of related cases #13 per Local Rule 1.04(d) by HIMH GP, LLC, Hines 1662 Mulitfamily, LLC, Hines Interest Limited Partnership, Hines Investment Management Holdings Limited Partnership, Hines Real Estate Holdings Limited Partnership, JCH Investments, Inc. Related case(s): yes (Rebak, Joseph) Modified on 9/26/2018 (RMF). Modified on 9/26/2018 (RMF). |
| Filing 40 CERTIFICATE of interested persons and corporate disclosure statement re #14 Interested persons order by 1662 Multifamily LLC, HIMH GP, LLC, Hines 1662 Mulitfamily, LLC, Hines Interest Limited Partnership, Hines Investment Management Holdings Limited Partnership, Hines Real Estate Holdings Limited Partnership, JCH Investments, Inc.. (Rebak, Joseph) |
| Filing 39 MOTION for miscellaneous relief, specifically Motion to Submit Information to Court for In Camera Review, if Necessary, for Purposes of Certificate of Interested Persons and Corporate Disclosure Statement by Defendants by 1662 Multifamily LLC, HIMH GP, LLC, Hines 1662 Mulitfamily, LLC, Hines Interest Limited Partnership, Hines Investment Management Holdings Limited Partnership, Hines Real Estate Holdings Limited Partnership, JCH Investments, Inc.. (Rebak, Joseph) |
| Filing 38 CERTIFICATE of interested persons and corporate disclosure statement re #14 Interested persons order by Urban Oaks Builders, LLC. (Perkins, Jason) |
| Filing 37 NOTICE of pendency of related cases re #13 Related case order and track 2 notice per Local Rule 1.04(d) by Urban Oaks Builders, LLC. Related case(s): yes (Perkins, Jason) |
| Filing 36 Joint MOTION to stay re #4 MOTION to Dismiss, #10 MOTION to Amend/Correct #2 Complaint by all Parties. (Perkins, Jason) Modified on 9/26/2018 (RMF). |
| Filing 35 NOTICE by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC re #29 Objection Notice of Correction of Case Citation (Kramer, Matthew) |
| Filing 34 NOTICE by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC re #25 Dispositive MOTION to Abstain and remand to State Court Notice of Correction of Case Citation (Kramer, Matthew) |
| ***PRO HAC VICE FEES paid by attorney Katherine Brooker, appearing on behalf of Urban Oaks Builders, LLC (Filing fee $150 receipt number ORL077173.) Related document: #22 MOTION for Katherine A. Brooker to appear pro hac vice. (RCN) Modified on 9/25/2018 (RCN). |
| ***PRO HAC VICE FEES paid by attorney Joseph Colagovanni, appearing on behalf of Urban Oaks Builders, LLC (Filing fee $150 receipt number ORL077172.) Related document: #21 MOTION for Joseph Colagiovanni to appear pro hac vice. (RCN) |
| Filing 33 NOTICE by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC re #25 Dispositive MOTION to Abstain and remand to State Court Notice of Updated Local Rule 3.01(g) Certificate (Kramer, Matthew) |
| Filing 32 NOTICE by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC of Filing of Affidavits and Certificate of Service (Kramer, Matthew) |
| Filing 31 AFFIDAVIT of Maria Ferrer re: #29 Objection to Motion to Transfer Case by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. (Kramer, Matthew) |
| Filing 30 AFFIDAVIT of Martin Pechter re: #29 Objection to Motion to Transfer Case by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. (Kramer, Matthew) |
| Filing 29 OBJECTION re #8 MOTION to transfer case by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kramer, Matthew) |
| Filing 28 Case Reassigned to Judge Anne C. Conway. New case number: 6:18-cv-1453-Orl-22GJK. Judge Roy B. Dalton, Jr. no longer assigned to the case. (GJS) |
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Filing 27
ORDER transferring case. Signed by Judge Roy B. Dalton, Jr. on 9/21/2018. (ctp)(JLC)
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Filing 26
ORDER granting #21 MOTION FOR ADMISSION PRO HAC VICE, CONSENT TO DESGINATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICE OF ELECTRONIC FILINGS; granting #22 MOTION FOR ADMISSION PRO HAC VICE, CONSENT TO DESGINATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICE OF ELECTRONIC FILINGS; granting #23 MOTION FOR ADMISSION PRO HAC VICE, CONSENT TO DESGINATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICE OF ELECTRONIC FILINGS. Counsel shall register for and use the electronic filing system as adopted by the Court. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Counsel must take the tutorial offered on the Middle District of Florida's website before using the CM/ECF system. Signed by Magistrate Judge Gregory J. Kelly on 9/21/2018. (HMK)
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| Filing 25 Dispositive MOTION to Abstain and remand to State Court by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kramer, Matthew) Modified on 9/21/2018 (LMM). |
| Filing 24 NOTICE Pursuant to Fed. R. Bankr. P. 9011 and 9027(e)(3) by Cottington Road TIC, LLC, Durban Road TIC, LLC, Southstar Capital Group, I, LLC. (Kramer, Matthew) |
| Filing 23 MOTION for Omar Alaniz to appear pro hac vice by Urban Oaks Builders, LLC. (Attachments: #1 Exhibit Attorney Certification)(Perkins, Jason) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 22 MOTION for Katherine Brooker to appear pro hac vice by Urban Oaks Builders, LLC. (Attachments: #1 Exhibit Attorney Certification)(Perkins, Jason) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 21 Unopposed MOTION for Joseph Colagiovanni to appear pro hac vice by Urban Oaks Builders, LLC. (Attachments: #1 Exhibit Attorney Certification)(Perkins, Jason) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 20
ORDER denying #5 VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510 and #6 VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510 for failure to comply with Local Rule 2.02(a).Signed by Magistrate Judge Gregory J. Kelly on 9/17/2018. (HMK)
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| Filing 19 NOTICE of filing 3.01(G) Certificate by Urban Oaks Builders, LLC re #8 MOTION to transfer case (Perkins, Jason) Modified on 9/17/2018 (LMM). |
| Filing 18 Case Reassigned to Judge Roy B. Dalton, Jr.. New case number: 6:18-cv-1453-Orl-37GJK. Judge Gregory A. Presnell no longer assigned to the case. (MAA) |
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Filing 16
ORDER of recusal.. Signed by Judge Gregory A. Presnell on 9/11/2018. (TKW)
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| Filing 15 NOTICE to counsel, Steven D. Gonzalez, of Local Rule 2.01 (signed by deputy clerk). (LMM) |
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Filing 14
INTERESTED PERSONS ORDER to the parties. Certificate of interested persons and corporate disclosure statement due by 9/25/2018. Signed by Judge Gregory A. Presnell on 9/11/2018. Copies mailed. (LAM)
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Filing 13
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/25/2018. Signed by Judge Gregory A. Presnell on 9/11/2018. Copies mailed. (LAM)
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Filing 12
ENDORSED ORDER re #10 MOTION to Amend/Correct #2 Complaint filed by Southstar Capital Group, I, LLC, Cottington Road TIC, LLC, Durban Road TIC, LLC that Defendants shall respond by 9/25/18. Signed by Judge Gregory A. Presnell on 9/11/2018. (TKW)
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Filing 11
ENDORSED ORDER re #4 MOTION to Dismiss filed by Urban Oaks Builders, LLC that Plaintiffs shall respond by 9/25/18. Signed by Judge Gregory A. Presnell on 9/11/2018. (TKW)
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| Filing 8 MOTION to transfer case by Urban Oaks Builders, LLC. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit B)(Perkins, Jason) |
| Filing 17 SUGGESTION of pendency of Bankruptcy Proceeding by Urban Oaks Builders, LLC. Originally filed in State Court 9/4/18. (LMM) |
| Filing 10 MOTION to Amend #2 Complaint by All Plaintiffs. Originally filed in State Court 8/30/18. (Attachments: #1 Proposed Amended Complaint, #2 Exhibits)(LMM) |
| Filing 9 Second MOTION for Extension of Time to Respond to Written Discovery by Urban Oaks Builders, LLC. Originally filed in State Court 7/23/18. (LMM) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 7 MOTION to stay discovery pending motion to dismiss by 1662 Multifamily LLC, HIMH GP, LLC, Hines 1662 Mulitfamily, LLC, Hines Interest Limited Partnership, Hines Investment Management Holdings Limited Partnership, Hines Real Estate Holdings Limited Partnership, JCH Investments, Inc. (Attachments: #1 Exhibits) Originally filed in State Court 6/22/18.(LMM) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 6 MOTION for Joseph Colagiovanni to appear pro hac vice by Urban Oaks Builders, LLC. Originally filed in State Court 5/18/18. (LMM) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 5 MOTION for Katherine A. Brooker to appear pro hac vice by Urban Oaks Builders, LLC. Originally filed in State Court 5/18/18. (LMM) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 4 MOTION to Dismiss by Urban Oaks Builders, LLC. Originally filed in State Court 5/18/18. (LMM) |
| Filing 3 ANSWER and affirmative defenses to #2 Complaint by Urban Oaks Builders, LLC. Originally filed in State Court 5/18/18.(LMM) |
| Filing 2 COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs. Originally filed in State Court 2/13/18. (Attachments: #1 Exhibits)(LMM) |
| Filing 1 NOTICE OF REMOVAL from Osecola County Circuit Court, case number 2018-CA-415-OC filed in State Court on 5/13/18. Filing fee $ 400, receipt number ORL-76619 filed by Urban Oaks Builders, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (Part 1), #3 Exhibit A (Part 2), #4 Exhibit B)(LMM) |
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