Hajdasz v. Magic Burgers, LLC
| Mr. Timothy Hajdasz and Timothy Hajdasz |
| Magic Burgers, LLC |
| 6:2018cv01755 |
| October 17, 2018 |
| US District Court for the Middle District of Florida |
| Anne C Conway |
| Karla R Spaulding |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 40
ORDER Granting #29 Motion to Remand to State Court. This case is hereby remanded to the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida, Case No. 2017-30366. The Clerk is DIRECTED to mail a certified copy of this Order remanding the case to the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, Florida, Case No. 2017-30366; and thereafter, CLOSE the case. Plaintiff is ORDERED to file within 14 days of the date of this Order a motion for final computation of the amount of removal-related attorney's fees and costs, supported by the appropriate documentation containing an itemized accounting of his just costs and actual expenses, including attorney fees, incurred as a result of Magic Burgers' removal of this case, or justified as a deterrent under Rule 11, consistent with the analysis set forth above.. Signed by Judge Anne C. Conway on 12/10/2018. (RMF)
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| Filing 39 CASE MANAGEMENT REPORT. (Jaffe, Martin) |
| Filing 38 CERTIFICATE of interested persons and corporate disclosure statement re #9 Related case/interested persons/ECF-2 by Magic Burgers, LLC identifying Corporate Parent Sun Holdings, LLC for Magic Burgers, LLC.. (Metsch, Lawrence) |
| Filing 37 RESPONSE in Opposition re #35 MOTION for sanctions and Incorporated Memorandum of Law filed by Magic Burgers, LLC. (Metsch, Lawrence) |
| Filing 36 NOTICE of Filing Amended Exhibit B re #35 MOTION for sanctions and Incorporated Memorandum of Law by Timothy Hajdasz (Attachments: #1 Exhibit Amended Exhibit B to Motion for Sanctions [Doc. 35])(Jaffe, Martin) Modified on 11/20/2018 (RMF). |
| Filing 35 MOTION for sanctions and Incorporated Memorandum of Law by Timothy Hajdasz. (Attachments: #1 Exhibit 10-10-18 hearing transcript, #2 Exhibit 10-15-18 transcript of proceedings, #3 Exhibit composite sanction orders)(Jaffe, Martin) |
| Filing 34 CERTIFICATE of interested persons and corporate disclosure statement re #9 Related case/interested persons/ECF-2 by Timothy Hajdasz. (Jaffe, Martin) |
| Filing 33 NOTICE of pendency of related cases re #9 Related case/interested persons/ECF-2 per Local Rule 1.04(d) by Timothy Hajdasz. Related case(s): yes (Jaffe, Martin) |
| Filing 32 RESPONSE in Opposition re #29 MOTION to remand to State Court filed by Magic Burgers, LLC. (Metsch, Lawrence) |
| Filing 31 NOTICE by Magic Burgers, LLC Filing State Circuit Court Docket and Order of Mistrial (Metsch, Lawrence) |
| Filing 30 REQUEST for oral argument re #29 MOTION to remand to State Court by Timothy Hajdasz. (Jaffe, Martin) |
| Filing 29 MOTION to remand to State Court by Timothy Hajdasz. (Attachments: #1 Exhibit Initial Discovery served by Defendant, #2 Exhibit Plaintiff's Objection to Defendant's Request for Production, #3 Exhibit Plaintiff's Answers to Interrogatories, #4 Exhibit Plaintiff's Deposition, #5 Exhibit Transcript of Proceedings 10-10-18, #6 Exhibit Transcript of Proceedings 10-15-18, #7 Exhibit Trial Transcript 10-17-18)(Jaffe, Martin) |
| Filing 28 NOTICE of Appearance by Martin J. Jaffe on behalf of Timothy Hajdasz (Jaffe, Martin) |
| Filing 27 NOTICE by Magic Burgers, LLC part 18 (Attachments: #1 Exhibit pl summary of law on jury selection, #2 Exhibit pl amended annotated exhibit list, #3 Exhibit order granting pl motion to strike df cross exam of dr sastry, #4 Exhibit witness subpoena served on l heise, #5 Exhibit pl motion for partial directed verdict, #6 Exhibit df nof of notice of removal, #7 Exhibit jury trial sheet)(Metsch, Lawrence) |
| Filing 26 NOTICE by Magic Burgers, LLC part 17 (Attachments: #1 Exhibit depo video of dr sastry)(Metsch, Lawrence) |
| Filing 25 NOTICE by Magic Burgers, LLC part 16 (Attachments: #1 Exhibit w douglas martins noa for pl, #2 Exhibit depo c braun, #3 Exhibit pl exhibit list, #4 Exhibit pl nof of depo excerpts c braun)(Metsch, Lawrence) |
| Filing 24 NOTICE by Magic Burgers, LLC part 15 (Attachments: #1 Exhibit pl citations in opposition to df msj 2of2, #2 Exhibit pl amended cross noh, #3 Exhibit df re noh, #4 Exhibit hearing sheet, #5 Exhibit d e 142)(Metsch, Lawrence) |
| Filing 23 NOTICE by Magic Burgers, LLC part 14 (Attachments: #1 Exhibit pl citations in opposition to df msj 1of2)(Metsch, Lawrence) |
| Filing 22 NOTICE by Magic Burgers, LLC part 13 (Attachments: #1 Exhibit pl cross noh, #2 Exhibit df re noh, #3 Exhibit df response to de 134)(Metsch, Lawrence) |
| Filing 21 NOTICE by Magic Burgers, LLC part 12 (Attachments: #1 Exhibit df motion in limine impeachment for bias of dr sastrys trial testimony, #2 Exhibit df noh, #3 Exhibit order for sanctions against df, #4 Exhibit pl motion in limine to strike a portion of df cross exam of dr sastrys video trial testimony, #5 Exhibit pl opposition to df motion to strike pl pleadings for fraud on the court)(Metsch, Lawrence) |
| Filing 20 NOTICE by Magic Burgers, LLC part 11 (Attachments: #1 Exhibit order granting pl motion in limine, #2 Exhibit joint pre trial statement, #3 Exhibit agreed order to continue trial, #4 Exhibit df noh, #5 Exhibit df amended noh, #6 Exhibit df motion to exclude dr sastrys trial testimnoy, #7 Exhibit df ntd of dr sastry, #8 Exhibit pl dtd video of dr sastry, #9 Exhibit df response to pl motion to exclude dr sastrys trial testimony)(Metsch, Lawrence) |
| Filing 19 NOTICE by Magic Burgers, LLC part 10 (Attachments: #1 Exhibit pl notice of intent to use summary at trial, #2 Exhibit pl nof of proposed jury verdict, #3 Exhibit pl nof of proposed jury instructions, #4 Exhibit pl nof of transcript of l heises depo exam, #5 Exhibit pl nof of additional documents, #6 Exhibit pl nof of transcript of j stacys depo exam, #7 Exhibit pl notice of designations of l heises depo exam, #8 Exhibit pl designations of j staceys depo exam, #9 Exhibit pl ntd video of dr sastry, #10 Exhibit pl notice of cancellation of dr sastrys video depo exam)(Metsch, Lawrence) |
| Filing 18 NOTICE by Magic Burgers, LLC part 9 (Attachments: #1 Exhibit df cross noh, #2 Exhibit df motion to vacate order to show cause, #3 Exhibit df cross noh, #4 Exhibit pl noh, #5 Exhibit pl obj to df motion to vacate order to show cause, #6 Exhibit order imposing sanctions on df, #7 Exhibit df ntd of pl, #8 Exhibit df motion to strike pl pleadings fraud on the court, #9 Exhibit df cross noh, #10 Exhibit df motion in limine pl 4 felony convictions, #11 Exhibit df cross noh, #12 Exhibit df cross noh, #13 Exhibit df preclusion motion, #14 Exhibit df cross noh, #15 Exhibit hearing sheet)(Metsch, Lawrence) |
| Filing 17 NOTICE by Magic Burgers, LLC part 8 (Attachments: #1 Exhibit pl response to df msj of dismissal, #2 Exhibit pl motion for sanctions against df, #3 Exhibit mediators report impasse, #4 Exhibit noh on pl motion for sanctions, #5 Exhibit df motion to compel ans to depo questions, #6 Exhibit pl motion for sanctions, #7 Exhibit df motion to compel pl to answer depo questions, #8 Exhibit pl amended noh, #9 Exhibit df amended msj of dismissal, #10 Exhibit df cross noh, #11 Exhibit pl nof of affidavit of a stewart, #12 Exhibit pl amended motion in limine, #13 Exhibit hearing sheet, #14 Exhibit order for sanctions, #15 Exhibit order to show cause directed to df)(Metsch, Lawrence) |
| Filing 16 NOTICE by Magic Burgers, LLC part 7 (Attachments: #1 Exhibit plaintiff, #2 Exhibit pl ntd corp rep, #3 Exhibit pl ntd l heise, #4 Exhibit p ntd of s barnes, #5 Exhibit pl not of mediation, #6 Exhibit pl noh, #7 Exhibit hearing sheet, #8 Exhibit df msj dismissal, #9 Exhibit order comp discovery, #10 Exhibit stipulation to cont jury trial, #11 Exhibit pl consent to cont of trial, #12 Exhibit order granting pl motions for sanctions, #13 Exhibit order cont jury trial to oct 15 18, #14 Exhibit amended witness subp on l heise, #15 Exhibit amended witness sub on s barnes)(Metsch, Lawrence) |
| Filing 15 NOTICE by Magic Burgers, LLC part 6 (Attachments: #1 Exhibit notice of mediation, #2 Exhibit df response to pl supple rfp, #3 Exhibit df answers to pl supple interoggs, #4 Exhibit amended not of mediation, #5 Exhibit ntd stacey barnes, #6 Exhibit ntd lindsey heise, #7 Exhibit ntd m turner, #8 Exhibit pl motion to compel discovery, #9 Exhibit witness subp served on l heise, #10 Exhibit witness subp served on e swager, #11 Exhibit witness subp served on s barnes, #12 Exhibit pl motion to compel and for sanctions, #13 Exhibit pl motion for sanctions, #14 Exhibit pl notice of cancel of mediation, #15 Exhibit pl notice of cancellation of depo)(Metsch, Lawrence) |
| Filing 14 NOTICE by Magic Burgers, LLC part 5 (Attachments: #1 Exhibit hearing sheet, #2 Exhibit order continuing trial, #3 Exhibit order setting jury trial, #4 Exhibit pl notion to compel depo and for sanctions, #5 Exhibit pl motion to compel discovery, #6 Exhibit pl noh, #7 Exhibit pl amended noh, #8 Exhibit hearing sheet, #9 Exhibit order to compel discovery)(Metsch, Lawrence) |
| Filing 13 NOTICE by Magic Burgers, LLC part 4 (Attachments: #1 Exhibit pl mot to cont trial, #2 Exhibit pl nos settle proposal, #3 Exhibit noh re de32, #4 Exhibit pl ntd anonia stewart, #5 Exhibit pl witness list, #6 Exhibit sub served antonia stewart, #7 Exhibit pl notice of cancel of stewart depo, #8 Exhibit pl second supple rfp to df, #9 Exhibit pl motion in limine, #10 Exhibit df response to pl supple rfa)(Metsch, Lawrence) |
| Filing 12 NOTICE by Magic Burgers, LLC part 3 (Attachments: #1 Exhibit order setting jury trial, #2 Exhibit manager on duty, #3 Exhibit ntd carlisle braun, #4 Exhibit td plaintiff, #5 Exhibit pl witness list, #6 Exhibit witness sub served and reurned, #7 Exhibit df msj, #8 Exhibit pl nos expert witness interrogatories, #9 Exhibit pl supple rfp, #10 Exhibit pl supple rfa to df, #11 Exhibit pl not of supple interrogs)(Metsch, Lawrence) |
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Filing 11
ENDORSED ORDER granting #6 Motion to extend time. New deadline: October 26, 2018. Signed by Magistrate Judge Karla R. Spaulding on 10/22/2018. (Spaulding, Karla)
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| Filing 10 NOTICE by Magic Burgers, LLC Part 2 (Attachments: #1 Exhibit Response, #2 Exhibit service of interrogatories, #3 Exhibit req to produce, #4 Exhibit Change of address, #5 Exhibit pl obj to rfp, #6 Exhibit df mot to compel, #7 Exhibit pl not of answers to interrogatories, #8 Exhibit df response to pl rfp, #9 Exhibit df ans to interrogatories, #10 Exhibit pl not for jury trial)(Metsch, Lawrence) |
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Filing 9
RELATED CASE ORDER, NOTICE OF DESIGNATION under Local Rule 3.05-Track 2, INTERESTED PERSONS ORDER and ORDER Requiring Electronic Filing. Notice of pendency of other actions due by 11/5/2018, Certificate of interested persons and corporate disclosure statement due by 11/5/2018. Signed by Judge Anne C. Conway on 10/22/2018. (RMF)
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| Filing 8 NOTICE by Magic Burgers, LLC Part 1 (Attachments: #1 Exhibit civil cover sheet, #2 Exhibit complaint, #3 Exhibit designation, #4 Exhibit admissions, #5 Exhibit to produce, #6 Exhibit interrogatories, #7 Exhibit summons requested, #8 Exhibit summons issued, #9 Exhibit answer, #10 Exhibit response to rfa)(Metsch, Lawrence) |
| Filing 7 NOTICE OF REMOVAL Civil Cover Sheet-Form JS-44 filed by Magic Burgers, LLC.(Metsch, Lawrence) |
| Filing 6 MOTION to extend time to October 26, 2018 To File Florida State Record In Case No. 17-30366-CICI by Magic Burgers, LLC. (Metsch, Lawrence) |
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Filing 4
ORDER: re #3 Amended Notice of Removal. It is ORDERED that on or before October 22, 2018, Defendant's shall file a copy of the complete record of the state court proceedings in compliance with Local Rule 4.02(b). Signed by Magistrate Judge Karla R. Spaulding on 10/18/2018. (DMA)
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| Filing 5 Plaintiff's MOTION for Directed Verdict as to Causation, Permanency and Past/Future Medical Expenses filed in Volusia County State Court by Timothy Hajdasz on 10/16/18. (RMF) |
| Filing 3 Corrected NOTICE OF REMOVAL from Seventh Circuit Court, case number 17-30366-CICI filed in State Court on March 6, 2017. filed by Magic Burgers, LLC. (Attachments: #1 Exhibit Notice Of Filing, # (2) Exhibit Complaint, #3 Exhibit Answer, #4 Exhibit Plauntiff's Motion For Partrial Directed Verdict)(Metsch, Lawrence) (JS 44 Civil Cover Sheet form not filed) Modified on 10/19/2018 (DMA). Modified on 10/24/2018 (MAA). |
| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Karla R. Spaulding. New case number: 6:18-cv-1755-Orl-22KRS. (NAS) |
| Filing 1 NOTICE OF REMOVAL Defendant's from Seventh Circuit Court of Florida, case number Timothy Hqajdasz v. Magic Burgers, LLC filed in State Court on March 6, 2017. Filing fee $ 400, receipt number 113A-14722335 filed by Magic Burgers, LLC.(Metsch, Lawrence) |
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