Powell v. Daytona Beach Boardwalk Amusement Rides, Inc. et al
Plaintiff: Phillip J. Powell
Defendant: Daytona Beach Boardwalk Amusement Rides, Inc. and A.L. & P. Corporation
Case Number: 6:2021cv01117
Filed: July 6, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Wendy W Berger
Referring Judge: Gregory J Kelly
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2021 Opinion or Order Filing 9 ORDER: Plaintiff's Motion for Remand #7 is GRANTED in part to the extent that Plaintiff seeks remand of this case and DENIED in all other respects. This case is REMANDED to the Circuit Court of the Seventh Judicial Circuit, in and for Volusia County, Florida, Case Number 2020 31378 CICI. The Clerk is directed to close this file. Signed by Judge Wendy W. Berger on 7/22/2021. (RMF)ctp
July 21, 2021 Filing 8 RESPONSE to Motion re #7 First MOTION to Remand to State Court and for Fees and Costs with Memorandum of Law filed by A.L. & P. Corporation. (Theodore, Meghan)
July 21, 2021 Filing 7 First MOTION to Remand to State Court and for Fees and Costs with Memorandum of Law by Phillip J. Powell. (Attachments: #1 Exhibit P.E. 1 - Amended Complaint, #2 Exhibit P.E. 2 - Service of Process, #3 Exhibit P.E. 3 - Def's NOS of Rogs, #4 Exhibit P.E. 4 - Def's NOS of C.S. Rogs, #5 Exhibit P.E. 5 - Plaintiff's Sworn Ans. to Rogs, #6 Exhibit P.E. 6 - Plaintiff's Sworn Ans to C.S. Rogs, #7 Exhibit P.E. 7 - Def's Ntc of Removal of Action)(Thomas, Matthew)
July 13, 2021 Opinion or Order Filing 6 ORDER Judge Kelly's Standing Order on Discovery. Signed by Magistrate Judge Gregory J. Kelly on 7/13/2021. (HMK)
July 12, 2021 Filing 5 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). (RMF)ctp
July 12, 2021 Opinion or Order Filing 4 NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 7/12/2021. (RMF)ctp
July 6, 2021 Filing 3 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Gregory J. Kelly. New case number: 6:21-cv-1117-WWB-GJK. (SJB)
July 6, 2021 Filing 2 COMPLAINT and NOTICE OF REMOVAL from Volusia County Circuit Court, case number 2020 31378 CICI filed in State Court on 03/02/2021. (Filing fee $ 402, receipt number AFLMDC-18442141) filed by Daytona Beach Boardwalk Amusement Rides, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 State Court COMPLAINT, #12 State Court ANSWER, #13 State Court Docket Sheet, #14 Civil Cover Sheet)(Moschell, Matthew) Modified text on 7/7/2021 (LDJ).
July 6, 2021 Filing 1 CONSENT DECREE by Daytona Beach Boardwalk Amusement Rides, Inc.. (Moschell, Matthew)

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Plaintiff: Phillip J. Powell
Represented By: Matthew M. Thomas
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Defendant: Daytona Beach Boardwalk Amusement Rides, Inc.
Represented By: Matthew Patrick Moschell
Represented By: Anthony J. Petrillo
Represented By: Meghan Leigh Theodore
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Defendant: A.L. & P. Corporation
Represented By: Anthony J. Petrillo
Represented By: Meghan Leigh Theodore
Represented By: Matthew Patrick Moschell
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