Burns v. Mina et al
| David S Burns |
| RAG HOLDING INTERNATIONAL LLC d/b/a HILTON HAMPTON INN AND SUITES INTERNATIONAL DRIVE, Naples Hotel Group, LLC, STEVEN DOUGHERTY, LOUIS NOCK, JR., SHERIFF John W. Mina, Embassy Suites, Hilton Orlando, HYATT REGENCY ORLANDO, Rosen Shingle Creek, HOMEWOOD SUITES, Wyndham Hotel, HYATT PLACE, Residence Inn by Marriott, RAG Holding International LLC doing business as Hilton Hampton Inn and Suites International Drive, John W. Mina, Wyndham Hotel Management doing business as Wyndham Hotel, Matthew Freeman, Laxmi Austrian Hotel, LTD. doing business as Marriot Residence Inn, Clarion Hotel, Coco Key Hotel and Resort, Red Roof Inn, Stay Sky Suites, The Enclave, Avanti International, Castle Hotel, The Floridian, The Comfort Inn, Holiday Inn Express, Days Inn, Spring Hill Suites, La Quinta, Courtyard by Marriott, Sonesta Es Suites, Travel Lodge and Element Orlando |
| 6:2021cv01546 |
| September 20, 2021 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Gregory J Kelly |
| Rent Lease & Ejectment |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 73 FIFTH AMENDED COMPLAINT against John W. Mina, Wyndham Hotel Management, Matthew Freeman, Laxmi Austrian Hotel, LTD., Clarion Hotel, Coco Key Hotel and Resort, Red Roof Inn, Stay Sky Suites, The Enclave, Avanti International, Castle Hotel, The Floridian, The Comfort Inn, Holiday Inn Express, Days Inn, Spring Hill Suites, La Quinta, Courtyard by Marriott, Sonesta Es Suites, Travel Lodge, Element Orlando Terminating Residence Inn by Marriott, Embassy Suites and Homewood Suites filed by David S Burns.(BD) |
| Set deadlines: Fifth Amended Complaint due by 11/30/2021 (KNC) |
Filing 72
ORDER denying as moot #35 MOTION TO DISMISS PLAINTIFF'S COMPLAINT; denying as moot #49 MOTION TO QUASH SERVICE OF THE THIRD AMENDED COMPLAINT, OR ALTERNATIVELY, TO DISMISS FOR IMPROPER SERVICE; denying as moot #69 NOTICE TO CORRECT PLEADING TO REFLECT PROPER NAME FOR DEFENDANT(s) WYNDHAM HOTEL; denying as moot #70 NOTICE TO CORRECT PLEADING TO INCLUDE "UNKNOW[N] ORANGE COUNTY SHERIFF DEPUTIES, OFFICIALLY AND INDIVIDUALLY; denying as moot #71 MOTIO[N] TO CORRECT PLEADING TO CORRECT LEGAL NAME OF DEFENDANT RESIDENCE INN BY MARRIOTT; granting in part and denying in part #10 DEFENDANT SHERIFF JOHN MINA'S MOTION TO DISMISS THE THIRD AMENDED COMPLAINT; denying without prejudice #13 AMENDED MOTION TO RE[]MAND BACK TO FLORIDA 9TH JUDICIAL CIRCUIT COURT. The Third Amended Complaint is DISMISSED WITHOUT PREJUDICE. On or before November 30, 2021, Burns must file the "Fifth Amended Complaint." Burns is advised that failure to timely file the "Fifth Amended Complaint" may result in dismissal of this action; and Burns may file a renewed motion to remand after filing the "Fifth Amended Complaint." Signed by Magistrate Judge Gregory J. Kelly on 11/9/2021. (MB)
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| Filing 71 MOTION to Correct pleading to correct legal name of defendant Residence Inn by Marriott by David S Burns. (HAI) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 70 MOTION to Correct pleading to include "Unknown Orange County Sheriff Deputies, Officially and Individually by David S Burns. (HAI) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 69 MOTION to Correct pleading to reflect proper name for Defendant Windham Hotel by David S Burns. (HAI) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 68
ORDER denying #61 NOTICE TO CORRECT PLEADING TO REFLECT PROPER NAME FOR DEFENDANT RESIDENCE INN BY MARRIOTT; denying #62 NOTICE TO CORRECT PLEADING TO REFLECT PROPER NAME FOR DEFENDANT(s) UNKNOW[N] ORANGE COUNTY SHERIFFS' DEPUTIES; denying #64 NOTICE TO CORRECT PLEADING TO REFLECT PROPER NAME FOR DEFENDANT(s) WYNDHAM HOTEL. Signed by Magistrate Judge Gregory J. Kelly on 11/4/2021. (MB)
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Filing 67
ORDER granting #60 PLAINTIFF'S REQUEST TO EXTEND TIME FOR CASE MANAGEMENT CONFERENCE FOR FORTY-FIVE (45) DAYS. The deadline to conduct the case management conference is December 15, 2021. Signed by Magistrate Judge Gregory J. Kelly on 11/4/2021. (MB)
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Filing 66
ORDER denying as moot #26 DEFENDANTS, HIT PORTFOLIO I, TRS, LLC d/b/a EMBASSY SUITES ORLANDO INTERNATIONAL DRIVE AND HIT PORTFOLIO II, LLC d/b/a HOMEWOOD SUITES'S MOTION TO QUASH SERVICE OF PROCESS AND TO DISMISS FOR INSUFFICIENT SERVICE OF PROCESS PURUSANT TO FED. R. CIV. P. 4(h)(1), 12(b)(2), 12(b)(5) WITH INCORPORATED MEMORANDUM OF LAW. Signed by Magistrate Judge Gregory J. Kelly on 11/4/2021. (MB)
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Filing 65
ORDER re #51 #55 Plaintiff's Notices of Pending Settlement. Signed by Judge Wendy W. Berger on 11/4/2021. (MDJ)
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| Filing 64 MOTION to Correct proper name for Defendant Wyndham Hotel by David S Burns. (RLK) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 63 NOTICE of Pending Settlement by David S Burns. (RLK) |
| Filing 62 MOTION to Correct name for defendant's unknown Orange County Sheriffs' Deputies by David S Burns. (RLK) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 61 MOTION to Correct name of Residence Inn by Marriott to reflect correct legal entity by David S Burns. (LAB) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 11/1/2021 (LAB). |
| Filing 60 Second MOTION for Extension of Time to File to conduct a case management conference by David S Burns. (HAI) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 59 RESPONSE in Opposition re #49 MOTION to Quash Service of Third Amended Complaint or Alternatively, to Dismiss for Improper Service titled "Objection" filed by David S Burns. (HAI) |
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Filing 58
ORDER denying as moot #18 DEFENDANTS EMBASSY SUITES MANAGEMENT, LLC'S AND HILTON MANAGEMENT, LLC'S AMENDED MOTION TO DISMISS PLAINTIFF'S FOURTH AMENDED COMPLAINT, OR ALTERNATIVELY, UNOPPOSED MOTION FOR MORE DEFINITE STATEMENT WITH INCORPORATED MEMORANDUM OF LAW. Signed by Magistrate Judge Gregory J. Kelly on 10/28/2021. (MB)
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Filing 57
ORDER denying as moot #36 MOTION FOR CLERKS ENTRY OF A DEFAULT WITH RESPECT TO DEFENDANTS NAPLES HOTEL GROUP LLC; denying as moot #40 MOTION TO DISQUALIFY DEFENSE COUNSEL ANDREW ROSIN, ESQ.; denying as moot #45 MOTION TO DISMISS AND LEGAL MEMORANDUM OF DEFENDANTS RAG HOLDING INTERNATIONAL, LLC, NAPLES HOTEL GROUP, STEVEN DOUGHERTY, and LOUIS NOCK, JR.; denying as moot #19 MOTION FOR CLERKS ENTRY OF A DEFAULT WITH RESPECT TO DEFENDANTS RAG HOLDINGS INTERNATIONAL d/b/a/ HAMPTON INN & SUITES[,] STEVEN DOUGHERTY AS GENERAL MANAGER AND LOUIS NOCK JR AS ASSISTANT MANAGER. Signed by Magistrate Judge Gregory J. Kelly on 10/28/2021. (MB)
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Filing 56
ORDER denying #54 PLAINTIFF'S REQUEST TO EXTEND TIME FOR CASE MANAGEMENT CONFERENCE FOR FORTY-FIVE (45) DAYS. Signed by Magistrate Judge Gregory J. Kelly on 10/27/2021. (MB)
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| Filing 55 NOTICE of pending settlement as to Hilton Orlando and Embassy Suites by David S Burns. (LAB) Modified on 10/27/2021 (KNC). |
| Filing 54 MOTION for Extension of Time to conduct a case management conference by David S Burns. (LAB) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 53
ORDER denying #47 MOTION FOR CLERKS ENTRY OF A DEFAULT WITH RESPECT TO DEFENDANT RESIDENCE INN BY MARRIOTT. Signed by Magistrate Judge Gregory J. Kelly on 10/21/2021. (MB)
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Filing 52
ORDER denying as moot #30 NOTICE TO CORRECT PLEADING TO REFLECT PROPER NAME FOR DEFENDANT HYATT REGENCY ORLANDO; denying as moot #32 MOTION FOR CLERKS ENTRY OF A DEFAULT WITH RESPECT TO DEFENDANTS HE ORLANDO HOTELS LLC D/B/A HYATT REGE[]NCY. Signed by Magistrate Judge Gregory J. Kelly on 10/20/2021. (MB)
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| Filing 51 NOTICE of pending settlement as to RAG Holding International, LLC, Naples Hotel Group, LLC, Steven Dougherty, and Louis Nock, Jr. by David S Burns. (HAI) Modified on 10/20/2021 (SPM). |
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Filing 50
ORDER re #44 Plaintiff's Notice of Pending Settlement as to Defendants Hyatt Regency and Hyatt Place: Accordingly, pursuant to Local Rule 3.09(b) of the Middle District of Florida, it is ORDERED and ADJUDGED that this cause is hereby DISMISSED with prejudice as to Defendants Hyatt Regency and Hyatt Place. The Clerk is directed to terminate Hyatt Regency and Hyatt Place as defendants in this matter and amend the case style accordingly. Signed by Judge Wendy W. Berger on 10/19/2021. (RMF)ctp
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| Filing 49 MOTION to Quash Service of Third Amended Complaint or Alternatively, to Dismiss for Improper Service by Residence Inn by Marriott. (Attachments: #1 Exhibit Summons, #2 Exhibit Return of Service)(Renton, Brett) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 48
ORDER denying #43 PLAINTIFFS MOTION TO COMPEL PRODUCTION OF MATERIAL FROM DEFENDANT JOHN MINA AS SHERIFF, OR[AN]GE COUNTY IN HIS OFFICIAL CAPACITY. Signed by Magistrate Judge Gregory J. Kelly on 10/18/2021. (MB)
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| Filing 47 MOTION for Clerk's Default against Residence Inn by Marriott by David S Burns. (Attachments: #1 Exhibit A)(HAI) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 46 NOTICE of a related action per Local Rule 1.07(c) by David S Burns. Related case(s): Yes. (LMF) |
| Filing 45 First MOTION to Dismiss Defendant by RAG Holding International LLC. (Rosin, Andrew) |
| Filing 44 NOTICE of Pending settlement by David S Burns. (HAI) |
| Filing 43 MOTION to Compel Discovery by David S Burns. (HAI) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 42
ORDER denying for failure to comply with Local Rule 3.01(a) and (g) #37 NOTICE OF APPEARANCE AS COUNSEL AND MOTION FOR EXTENSION OF TIME. Signed by Magistrate Judge Gregory J. Kelly on 10/13/2021. (MB)
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| Filing 41 OBJECTION re #37 First MOTION for Extension of Time to File Response/Reply by David S Burns by David S Burns. (RLK) |
| Filing 40 MOTION to Disqualify Counsel by David S Burns. (RLK) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 39 RESPONSE in Opposition re #13 MOTION to Remand to State Court filed by John W. Mina. (Dietrich, George) |
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Filing 38
ORDER re #31 Plaintiff's Notice of Pending Settlement as to Defendant Rosen Shingle Creek (Doc. 31 at 2). Accordingly, pursuant to Local Rule 3.09(b) of the Middle District of Florida, it is ORDERED and ADJUDGED that this cause is hereby DISMISSED with prejudice as to Defendant Rosen Shingle Creek. The Clerk is directed to terminate Rosen Shingle Creek as a defendant in this matter and amend the case style accordingly. Signed by Judge Wendy W. Berger on 10/12/2021. (RMF)ctp
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| Filing 37 First MOTION for Extension of Time to File Response/Reply and NOTICE of Appearance of Counsel by Steven Dougherty, Naples Hotel Group, LLC, Louis Nock, Jr, RAG Holding International LLC. (Rosin, Andrew) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 10/13/2021 (matched text to pleading) (KNC). |
| Filing 35 MOTION to Dismiss Plaintiff's Complaint by Wyndham Hotel. (Salahutdin, Taira) |
| Filing 34 NOTICE of Appearance by Taira Salahutdin on behalf of Wyndham Hotel (Salahutdin, Taira) |
| Filing 33 NOTICE of Appearance by Nicole Farinas Soto on behalf of Wyndham Hotel (Soto, Nicole) |
| Filing 36 MOTION for Clerk's Default against Naples Hotel Group, LLC by David S Burns. (RLK) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 32 MOTION for Clerk's Default against Hyatt Regency Orlando by David S Burns. (LAB) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 31 NOTICE of pending settlement by David S Burns. (LAB) |
| Filing 30 MOTION for Miscellaneous Relief, specifically to correct pleading to reflect proper name by David S Burns. (LAB) |
| Filing 29 NOTICE of a related action per Local Rule 1.07(c) by John W. Mina. Related case(s): Yes (Dietrich, George) |
| Filing 28 CERTIFICATE of interested persons and corporate disclosure statement by John W. Mina. (Dietrich, George) |
| Filing 27 Second NOTICE to the Courts to take judicial notice of adjudicative facts with regard to Defendant Orange County Sheriff's Office by David S Burns. (LAB) Modified on 10/7/2021 (KNC). |
| Filing 26 MOTION to Quash Service of Process and to Dismiss for Insufficient Service of Process by Embassy Suites(8978 International Drive), Homewood Suites. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(McDonough, Sean) Motions referred to Magistrate Judge Gregory J. Kelly. |
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Filing 25
ORDER denying for failure to comply with Local Rule 3.01(g) #21 NOTICE TO CORRECT PLEADING TO REFLECT PROPER NAME FOR DEFENDANT HYATT REGENCY ORLANDO; #22 "ROSEN SHINGLE CREEK" MOTION TO DISMISS, MOTION TO STRIKE, OR ALTERNATIVELY MOTION FOR MORE DEFINITE STATEMENT; and #23 NOTICE TO CORRECT PLEADING TO REFLECT PROPER NAME FOR DEFENDANT 'ROSEMN SHINGLE CREEK". Signed by Magistrate Judge Gregory J. Kelly on 10/5/2021. (MB)
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Filing 24
ORDER denying as moot #17 MOTION TO DISMISS DEFENDANT EMBASSY SUITES MANAGEMENT, LLC'S, HILTON MANAGEMENT, LLC'S MOTION TO DISMISS PLAINTIFF'S FOURTH AMENDED COMPLAINT. Signed by Magistrate Judge Gregory J. Kelly on 10/5/2021. (MB)
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| Filing 23 Second MOTION to Correct Pleading by David S Burns. (HAI) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 22 MOTION to Dismiss Plaintiff's Fourth Amended Complaint by Rosen Shingle Creek. (Jewell, Shawn) |
| Filing 21 MOTION to Correct Pleading and MOTION to Appoint Counsel by David S Burns. (RLK) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 20 OBJECTION re #17 MOTION to Dismiss by David S Burns by David S Burns. (Attachments: #1 Exhibit A-B)(HAI) |
| Filing 19 MOTION for Clerk's Default against RAG Holding International LLC, Steven Dougherty, and Louis Nock, Jr. by David S Burns. (RLK) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 10/4/2021 (KNC). |
| Filing 18 Amended MOTION to Dismiss for Failure to State a Claim , or alternatively,, Unopposed MOTION for More Definite Statement with Incorporated Memorandum of Law by Embassy Suites(8978 International Drive), Hilton Orlando. (Glober, Emily) |
| Filing 17 MOTION to Dismiss #14 MOTION to Dismiss by David S Burns. (HAI) |
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Filing 16
ORDER denying for failure to comply with Local Rule 3.01(g) #14 DEFENDANTS EMBASSY SUITES MANAGEMENT, LLC'S AND HILTON MANAGEMENT, LLC'S MOTION TO DISMISS PLAINTIFF'S FOURTH AMENDED COMPLAINT, OR ALTERNATIVELY, FOR MORE DEFINITE STATEMENT WITH INCORPORATED MEMORANDUM OF LAW. Signed by Magistrate Judge Gregory J. Kelly on 9/30/2021. (MB)
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| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Embassy Suites(8978 International Drive), Hilton Orlando identifying Corporate Parent Hilton Worldwide Holdings, Inc., Other Affiliate Embassy Suites Management, LLC for Embassy Suites; Corporate Parent Hilton Worldwide Holdings, Inc., Other Affiliate Hilton Management, LLC for Hilton Orlando. (Glober, Emily) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim , or Alternatively, for More Definite Statement by Embassy Suites(8978 International Drive), Hilton Orlando. (Attachments: #1 Exhibit Plaintiff's Fourth Amended Complaint)(Glober, Emily) |
| Filing 13 Amended MOTION to Remand to State Court by David S Burns. (LMF) |
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Filing 12
ORDER denying for failure to comply with Local Rule 3.01(g) #4 NOTICE OF OBJECTION TO REMOVAL; denying for failure to comply with Local Rule 3.01(g) #5 MOTION TO REMAND BACK TO FLORIDA 9TH JUDICIAL CIRCUIT COURT; denying for failure to comply with Local Rule 3.01(g) #6 MOTION TO REMAND BACK TO FLORIDA 9TH JUDICIAL CIRCUIT COURT; denying for failure to comply with Local Rule 3.01(g) #9 MOTION FOR COURT APPOINTED COUNSEL. Signed by Magistrate Judge Gregory J. Kelly on 9/28/2021. (MB) Modified on 9/29/2021 (LMF).
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| Filing 11 First Judicial NOTICE of Adjudicative Facts with regard to Defendant Mina by David S Burns. (LMF) Modified on 9/28/2021 (matched text to pleading) (KNC). |
| Filing 10 MOTION to Dismiss Third Amended Complaint by John W. Mina. (Dietrich, George) |
| Filing 9 MOTION to Appoint Counsel by David S Burns. (HAI) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 8 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 |
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Filing 7
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 9/23/2021. (RMF)ctp
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| Filing 6 MOTION to Remand back to State Court by David S Burns. (LMF) |
| Filing 5 MOTION to Remand back to State Court by David S Burns. (LMF) |
| Filing 4 NOTICE for objection of removal and MOTION to Remand to State Court by David S Burns (DS) Modified text on 9/22/2021 (LDJ). |
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Filing 3
ORDER Judge Kelly's Standing Discovery Order Signed by Magistrate Judge Gregory J. Kelly on 9/21/2021. (MB)
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| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Gregory J. Kelly. New case number: 6:21-cv-1546-WWB-GJK. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Ninth Judicial Circuit, in and for Orange County, Florida, case number 2021-CV-008163-O filed in State Court on 08-12-21. Filing fee $ 402, receipt number CFLMDC-18724851 filed by John W. Mina. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Moes, Brian) |
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