Progressive County Mutual Insurance Company v. Keechi Transport LLC et al
| Progressive County Mutual Insurance Company |
| Keechi Transport LLC, Amazon.com, Inc., Amazon Logistics, Inc., Star K Logistics Corp., Scott Atkinson and Joseph Ulibarri, Jr. |
| 6:2022cv02170 |
| November 21, 2022 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| David A Baker |
| Wendy W Berger |
| Insurance |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on January 4, 2023. A more recent docket listing may be available from PACER.
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Filing 48
ENDORSED ORDER GRANTING #47 Motion to Appear Pro Hac Vice, provided counsel shall register for and use the Court's electronic filing system. Signed by Magistrate Judge Celeste F. Bremer on 1/4/2023. (JPR)
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Filing 47
MOTION to Appoint Counsel for Special Admission by Joseph Ulibarri, Jr. (Attachments: #1 Text of Proposed Order)(Lynch, Skip) Motions referred to Magistrate Judge David A. Baker. Modified on 1/3/2023 to edit docket text (KNC).
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Filing 46
NOTICE of Appearance by Skip Edward Lynch on behalf of Joseph Ulibarri, Jr (Lynch, Skip)
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Filing 45
MOTION for Clerk's Default against Star K Logistics Corp. by Progressive County Mutual Insurance Company. (Attachments: #1 Affidavit)(Freeman, Stuart) Motions referred to Magistrate Judge David A. Baker.
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Filing 44
MOTION for Clerk's Default against Keechi Transport LLC by Progressive County Mutual Insurance Company. (Attachments: #1 Affidavit)(Freeman, Stuart) Motions referred to Magistrate Judge David A. Baker.
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Filing 43
ENDORSED ORDER to strike re: Docket entries #41 and #42 for failure to comply with Local Rule 3.01 and the Court's January 13, 2021 Standing Order. Signed by Judge Wendy W. Berger on 12/16/2022. (Arndt, Joshua)
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Filing 42
**STRICKEN PER 43 ORDER** STIPULATION and Order by Progressive County Mutual Insurance Company. (Freeman, Stuart) Modified on 12/14/2022 to edit docket text (KNC). Modified on 12/19/2022 to edit docket text (KNC).
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Filing 41
**STRICKEN PER 43 ORDER** STIPULATION and Order by Progressive County Mutual Insurance Company. (Freeman, Stuart) Modified on 12/14/2022 to edit docket text (KNC). Modified on 12/19/2022 to edit docket text (KNC).
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Filing 40
ORDER for Katrina Colwell Arp, Angela S. Gordon, Richard M. Mosher, Jesse L. Quackenbush, James B. Ragan, and Rhonda J. Thompson to comply with the administrative procedures regarding electronic filing on or before December 27, 2022. Signed by Judge Wendy W. Berger on 12/13/2022. (RMF)
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Filing 39
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)
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Filing 38
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 12/2/2022. (RMF)
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Filing 37
Amended NOTICE of Lead Counsel Designation by Stuart J. Freeman on behalf of Progressive County Mutual Insurance Company. Lead Counsel: Stuart J. Freeman. (Freeman, Stuart) Modified on 12/1/2022 to edit docket text (KNC).
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Filing 36
NOTICE of Lead Counsel Designation by Stuart J. Freeman on behalf of Progressive County Mutual Insurance Company. Lead Counsel: Stuart J. Freeman. (Freeman, Stuart)
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Filing 35
ORDER, directing transfer to the Middle District of Florida. Signed by US District Judge Mark T. Pittman. (This order was entered after electronic transfer to the Middle District of Florida.)(RPB)
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Filing 34
NOTICE to Counsel of Record Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (KNC)
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Filing 33
TRANSFER IN from the Northern District of Texas. Case assigned to District Judge Wendy W. Berger and Magistrate Judge David A. Baker. New Case Number: 6:22-cv-2170-WWB-DAB. (RPB)
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Filing 32
Case transferred in from District of Texas Northern; Case Number 4:22-cv-00533. File received electronically
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Filing 31
MEMORAUNDUM OPINION & ORDER: Before the Court are Defendant Joseph Ulibarri's #20 Motion to Dismiss for Lack of Personal Jurisdiction, and Defendant Scott Atkinson's #30 Motion to Dismiss for Lack of Personal Jurisdiction. The Court finds it appropriate to transfer this case to the Middle District of Florida. For these reasons, the above-styled case is TRANSFERRED to the Middle District Florida. The Court further DENIES Defendants' Motions to Dismiss as moot without prejudice of refiling with the new venue. (Ordered by Judge Mark Pittman on 11/21/2022) (mmw) [Transferred from txnd on 11/21/2022.]
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Filing 30
First MOTION to Dismiss For Lack of Personal Jurisdiction filed by Scott Atkinson (Attachments: #1 Exhibit(s) A) (Quackenbush, Jesse) [Transferred from txnd on 11/21/2022.]
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Filing 29
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Scott Atkinson. (Clerk QC note: No affiliate entered in ECF). (Quackenbush, Jesse) [Transferred from txnd on 11/21/2022.]
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Filing 28
NOTICE of Attorney Appearance by Jesse L Quackenbush on behalf of Scott Atkinson. (Filer confirms contact info in ECF is current.) (Quackenbush, Jesse) [Transferred from txnd on 11/21/2022.]
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Filing 27
REPLY filed by Joseph Ulibarri, Jr re: #20 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3) (Ragan, James) [Transferred from txnd on 11/21/2022.]
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Filing 26
Appendix in Support filed by Progressive County Mutual Insurance Company re #25 Response/Objection, (Appeldix to Plaintiff's Response and Brief in Opposition to Motion to Dismiss for Lack of Pesonal Jurisdiction) (Mosher, Richard)[Transferred from txnd on 11/21/2022.]
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Filing 25
RESPONSE filed by Progressive County Mutual Insurance Company re: #20 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit(s) Exhibits 1-11, #2 Proposed Order Proposed Order Denying Motion to Dismiss) (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 24
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Joseph Ulibarri, Jr. (Clerk QC note: No affiliate entered in ECF). (Ragan, James) [Transferred from txnd on 11/21/2022.]
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Filing 23
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Amazon Logistics, Inc., Amazon.com, Inc.. (Clerk QC note: No affiliate entered in ECF). (Gordon, Angela) [Transferred from txnd on 11/21/2022.]
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Filing 22
ANSWER to #1 Complaint,,,,, filed by Amazon Logistics, Inc., Amazon.com, Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (Gordon, Angela) [Transferred from txnd on 11/21/2022.]
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Filing 21
ORDER: Dismiss for Lack of Personal Jurisdiction.#20. Having reviewed the Motion, the Court concludes that it would benefit from an expedited response from Plaintiff. The Court has serious questions as to whether this action is better suited in the District of New Mexico. The Court therefore ORDERS Plaintiff to file a response addressing Defendants Motion (ECF No. 20) by 10:00 a.m. on Tuesday, October 11, 2022. (Ordered by Judge Mark Pittman on 10/3/2022) (jgg) [Transferred from txnd on 11/21/2022.]
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Filing 20
MOTION to Dismiss for Lack of Jurisdiction filed by Joseph Ulibarri, Jr (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (Ragan, James) [Transferred from txnd on 11/21/2022.]
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Filing 19
MOTION to Dismiss filed by Joseph Ulibarri, Jr (Ragan, James) [Transferred from txnd on 11/21/2022.]
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Filing 18
SUMMONS Returned Executed as to Scott Atkinson ; served on 9/16/2022. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 17
AMENDED DOCUMENT by Progressive County Mutual Insurance Company. Amendment to #16 Stipulation. Amended Stipulation of Waiver of Service of Summons as to the Amazon Defendants. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 16
STIPULATION of Waiver of Service of Summons as to the Amazon Defendants by Progressive County Mutual Insurance Company. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 15
STIPULATION of Waiver of Service of Summons as to Joseph Ulibarri Jr., as personal Representative of the Estate of Travis Ruiz Pizarro (deceased) by Progressive County Mutual Insurance Company. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 14
SUMMONS Returned Executed as to Keechi Transport LLC ; served on 9/2/2022. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 13
SUMMONS Returned Executed as to Joseph Ulibarri, Jr ; served on 9/2/2022. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 12
SUMMONS Returned Executed as to Star K Logistics Corp. ; served on 9/2/2022. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 11
Summons Issued as to Keechi Transport LLC, Joseph Ulibarri, Jr. (jgg) [Transferred from txnd on 11/21/2022.]
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Filing 10
Request for Clerk to issue Summons filed by Progressive County Mutual Insurance Company. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 9
Summons Issued as to Amazon Logistics, Inc., Amazon.com, Inc., Scott Atkinson, Star K Logistics Corp.. (jgg) [Transferred from txnd on 11/21/2022.]
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Filing 8
Request for Clerk to issue Summons filed by Progressive County Mutual Insurance Company. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 7
ORDER: While the 90 days have not passed, the Court issues this Order to remind Plaintiff that if it fails to file proof of service on or before September, 19, 2022, the Court will dismiss all claims under Rule 4(m) and pursuant to Rule 41(b) for failure to prosecute. (Ordered by Judge Mark Pittman on 8/29/2022) (jgg) [Transferred from txnd on 11/21/2022.]
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Filing 6
New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (bcr) [Transferred from txnd on 11/21/2022.]
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Filing 5
Court Request for Recusal: Judge Reed C. O'Connor recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Mark Pittman for all further proceedings. Future filings should indicate the case number as: 4:22-cv-00533-P. (bcr) [Transferred from txnd on 11/21/2022.]
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Filing 4
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Progressive County Mutual Insurance Company. (Clerk QC note: No affiliate entered in ECF). (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 3
New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (jgg) [Transferred from txnd on 11/21/2022.]
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Filing 2
ADDITIONAL ATTACHMENTS to #1 Complaint,,,,, by Plaintiff Progressive County Mutual Insurance Company. (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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Filing 1
COMPLAINT against All Defendants filed by Progressive County Mutual Insurance Company. (Filing fee $402; Receipt number 0539-12906643) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Attachment No. 1 - Policy, #2 Cover Sheet) (Mosher, Richard) [Transferred from txnd on 11/21/2022.]
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