May v. Steak N' Shake, Inc. et al
| Ann May |
| Steak N' Shake, Inc., Diaz & Sons Assets, LLC and Thistlewood Lake Mary, LLC |
| 6:2022cv00381 |
| February 22, 2022 |
| U.S. District Court for the Middle District of Florida |
| Roy B Dalton |
| Embry J Kidd |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 CASE REFERRED to Mediation. (LDJ) |
Filing 37
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/21/2022 Discovery due by 4/1/2023 Dispositive motions due by 5/1/2023 Pretrial statement due by 9/14/2023 All other motions due by 8/31/2023 Plaintiff disclosure of expert report due by 1/2/2023 Defendant disclosure of expert report due by 2/2/2023 Final Pretrial Conference set for 9/21/2023 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for trial term commencing 10/2/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. Conduct mediation hearing by 6/5/2023. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 4/12/2022. (YG)
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| Filing 36 RESPONSE in Opposition re #14 Amended MOTION to Remand to State Court filed by Steak N' Shake, Inc.. (Attachments: #1 Exhibit Email Corrrepsondence, #2 Exhibit Articles of Incorporation, #3 Exhibit Demand Letter, #4 Exhibit Demand Letter, #5 Exhibit Property Record, #6 Exhibit Warranty Deed, #7 Exhibit Lease Amendment)(Leach, Terry) |
| Filing 35 Remark: Doc. #22 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 3/14/2022. (EP) |
| Filing 34 CASE MANAGEMENT REPORT. (Leach, Terry) |
| Set deadline as to #14 Amended MOTION to Remand to State Court . Responses due by 4/7/2022 (LDJ) |
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Filing 33
ENDORSED ORDER DIRECTING Defendant Steak N' Shake, Inc. to respond to Plaintiff's Motion for Remand (Doc. #14) by Thursday, April 7, 2022. Signed by Judge Roy B. Dalton, Jr. on 3/31/2022. (EP)
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| Filing 32 First MOTION to Dismiss Count II of Plaintiff's Amended Complaint by Diaz & Sons Assets, LLC, Steak N' Shake, Inc.. (Attachments: #1 Exhibit Articles, #2 Exhibit Application for Registration of Fictitious Name)(Leach, Terry) |
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Filing 31
ENDORSED ORDER DISCHARGING the Order to Show Cause (Doc. #27) in light of Defendant's response (Doc. #30). Signed by Judge Roy B. Dalton, Jr. on 3/24/2022. (EP)
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| Filing 30 RESPONSE TO ORDER TO SHOW CAUSE re #27 Order pdf filed by Steak N' Shake, Inc.. (Attachments: #1 Exhibit Voter Registration, #2 Exhibit Medical Record Abstract)(Leach, Terry) |
| Filing 29 Amended MOTION to Strike by Steak N' Shake, Inc.. (Attachments: #1 Exhibit Property Record)(Leach, Terry) Motions referred to Magistrate Judge Embry J. Kidd. |
| Filing 28 Amended MOTION to Dismiss Plaintiff's Amended Complaint by Steak N' Shake, Inc.. (Attachments: #1 Exhibit Property Record)(Leach, Terry) |
| Set deadlines: Show Cause Response due by 3/23/2022 (KNC) |
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Filing 27
ORDER The First OSC (Doc. 13) is DISCHARGED. By Wednesday, March 23, 2022, Defendant SNS is ORDERED TO SHOW CAUSE by written response why this case should not be remanded due to deficient jurisdictional allegations. The response must be supported by evidence, which may be in the form of anaffidavit or declaration under penalty of perjury. Failure to timely andadequately respond may result in this action being remanded. Signed by Judge Roy B. Dalton, Jr. on 3/17/2022. (YG)
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| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE re #13 Order pdf filed by Steak N' Shake, Inc.. (Attachments: #1 Exhibit Demand Letter)(Leach, Terry) |
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Filing 25
ORDER denying without prejudice #21 Motion to Dismiss.. Signed by Judge Roy B. Dalton, Jr. on 3/10/2022. (YG)
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| Filing 24 NOTICE of a related action per Local Rule 1.07(c) by Steak N' Shake, Inc. Related case(s): Yes (Leach, Terry) Modified text on 3/10/2022 (LDJ). |
| Filing 23 NOTICE of lis pendens by Steak N' Shake, Inc. (Leach, Terry) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #6 Order pdf by Steak N' Shake, Inc. identifying Corporate Parent Biglari Holdings, Inc. for Steak N' Shake, Inc.. (Leach, Terry) |
| Filing 21 MOTION to Dismiss Plaintiff's Amended Complaint by Steak N' Shake, Inc.. (Attachments: #1 Exhibit Property Record, #2 Exhibit Articles of Incorporation)(Leach, Terry) |
| Filing 20 Remark: Doc. #17 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 3/2/2022. (EP) |
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Filing 19
ENDORSED ORDER denying as moot #7 Motion to Stay in light of the Amended Motion filed at Doc. 14.. Signed by Judge Roy B. Dalton, Jr. on 3/2/2022. (Dalton, Jr., Roy)
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Filing 18
ENDORSED ORDER denying #15 Motion to Stay. No good cause has been shown to warrant a stay. Counsel is advised that no exhibits have been filed in conjunction with Doc. 14 despite the reference in the Motion. Signed by Judge Roy B. Dalton, Jr. on 3/2/2022. (Dalton, Jr., Roy)
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| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Ann May. (Lynd, Craig) |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Ann May Related case(s): No (Lynd, Craig) Modified text on 3/2/2022 (LDJ). |
| Filing 15 Amended MOTION to Stay by Ann May. (Lynd, Craig) |
| Filing 14 Amended MOTION to Remand to State Court by Ann May. (Lynd, Craig) |
| Set deadline: Show Cause Response due by 3/14/2022 (LDJ) |
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Filing 13
ORDER: By Monday, March 14, 2022, Defendant SNS is ORDERED TO SHOW CAUSE by written response why this case should not be remanded due to deficient jurisdictional allegations. The response must be supported by evidence, which may be in the form of an affidavit or declaration under penalty of perjury. Failure to timely and adequately respond may result in this action being remanded. Signed by Judge Roy B. Dalton, Jr. on 2/28/2022. (YG)
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| Filing 12 SUMMONS issued as to Diaz & Sons Assets, LLC and Thistlewood Lake Mary, LLC. (LDJ) |
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Filing 11
ENDORSED ORDER TO STRIKE Plaintiff's Motion to Stay (Doc. 8) because it appears the document is a duplicate of (Doc. #7). The CLERK is DIRECTED to remove Doc. 8 from the docket. Signed by Judge Roy B. Dalton, Jr. on 2/28/2022. (EP)
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| Filing 10 PROPOSED summons to be issued by Ann May. (Lynd, Craig) |
| Filing 9 PROPOSED summons to be issued by Ann May. (Lynd, Craig) |
| Filing 8 (STRICKEN and REMOVED per Endorsed Order 11) MOTION to Remand to State Court by Ann May. (Lynd, Craig) Modified text on 2/28/2022 (LDJ). |
| Filing 7 MOTION to Stay Proceedings and for Remand by Ann May. (Lynd, Craig) Modified text on 2/28/2022 (LDJ). |
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Filing 6
INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 2/24/2022. (YG)
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| Filing 5 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Ann May.(Lynd, Craig) Modified text on 2/24/2022 (LDJ). |
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Filing 4
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 2/23/2022. (PML) ctp
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| Filing 3 NOTICE to counsel Patricia A. Blotzer of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (BD) |
| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-0381-RBD-EJK. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Eighteenth Judicial Circuit Seminole County, case number 2022-CA-000234 filed in State Court on January 31, 2022. Filing fee $402, receipt number AFLMDC-19258721 filed by Steak N' Shake, Inc. (Attachments: #1 State Court Complaint, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Leach, Terry) Modified on 2/22/2022 to correct docket text (BD). |
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