Davis v. Terrell et al
| Brian Davis |
| Robert Terrell, J. Richard Espinosa, ADM Capital, William Ferguson Family Partnership, LLC, Mike Gerstenberger, James H. Haig, Helen L. Haig, E&L Texas Investments, Eric Schneider, Quest Trust Company and Pro Serv Industrial Contractors, LLC |
| 6:2024cv00546 |
| March 20, 2024 |
| U.S. District Court for the Middle District of Florida |
| John Antoon |
| Robert M Norway |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 21, 2024. A more recent docket listing may be available from PACER.
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| ***PRO HAC VICE FEES PAID (Receipt Number ORL111599 for $150.00) by attorney John David Meyer, appearing on behalf of Brian Davis. (JG) |
| Filing 30 AMENDED COMPLAINT (Second) against All Defendants with Jury Demand. filed by All Plaintiffs.(Roth, Katharine) |
| Filing 29 NOTICE TO COUNSEL John David Meyer Local Rule 2.01(c), Special Admission - Pay the Special Admission Fee; (Signed by Deputy Clerk). (MCB) |
Filing 28
ORDER granting #26 Motion for Extension of Time to File Case Management Report. The deadline for filing the Case Management Report is extended to forty days after a Defendant files an answer in this case. Signed by Judge John Antoon II on 5/1/2024. (EK)
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Filing 27
ENDORSED ORDER granting #24 Motion to Appear Pro Hac Vice provided counsel shall register for and use the Court's electronic filing system. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Signed by Magistrate Judge Robert M. Norway on 5/1/2024. (MLS)
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| Filing 26 Unopposed MOTION for Extension of Time to File Case Management Report by All Plaintiffs. (Roth, Katharine) |
| Filing 25 NOTICE of Lead Counsel Designation by Katharine Roth on behalf of Brian Davis. Lead Counsel: John David Meyer. (Roth, Katharine) |
| Filing 24 Unopposed MOTION for John David Meyer to appear pro hac vice by All Plaintiffs. (Roth, Katharine) Motions referred to Magistrate Judge Robert M. Norway. |
| Filing 23 Second NOTICE TO COUNSEL Branch Sheppard, Chadwick A. McTighe and John David Meyer Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; 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). (ARL) |
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Filing 22
ORDER dismissing without prejudice #21 Amended Complaint. Plaintiff may file a second amended complaint no later than May 3, 2024. Signed by Judge John Antoon II on 4/19/2024. (EK)
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| Filing 21 AMENDED COMPLAINT against ADM Capital, E&L Texas Investments, J. Richard Espinosa, Mike Gerstenberger, Helen L. Haig, James H. Haig, Quest Trust Company, Eric Schneider, Robert Terrell, William Ferguson Family Partnership, LLC with Jury Demand. filed by Brian Davis. (Attachments: #1 Exhibit Operating agreement, #2 Exhibit Amended Operating Agreement)(Roth, Katharine) |
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Filing 20
ORDER dismissing without prejudice #1 Complaint and ordering Plaintiff to file an amended complaint no later than April 12, 2024. Signed by Judge John Antoon II on 4/2/2024. (EK)
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| Filing 19 NOTICE TO ALL COUNSEL of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (GL) |
| Filing 18 NOTICE TO COUNSEL Branch Sheppard, Chadwick A. McTighe and John David Meyer 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; (Signed by Deputy Clerk). (GL) |
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Filing 17
INITIAL CASE ORDER - 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. Counsel have 7 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge John Antoon II on 3/26/2024. (KLD)
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| Filing 16 TRANSFER IN from the Western District of Kentucky. Case assigned to District Judge John Antoon, III and Magistrate Judge Robert M. Norway. New Case Number: 6:24-cv-546-JA-RMN. (RPB) |
| Filing 15 Case transferred in from District of Kentucky Western; Case Number 4:24-cv-00008. File received electronically |
| Filing 14 TEXT ORDER: The Court grants the parties' agreed motion to transfer (DN #13) and instructs the Clerk to transfer this case to the Middle District of Florida, Orlando Division, in accordance with 28 U.S.C. 1404 and the parties' motion. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM) [Transferred from kywd on 3/21/2024.] |
| Filing 13 Proposed Agreed Order Transferring Case to Middle District of Florida Orlando Division by ADM Capital, E&L Texas Investments, J. Richard Espinosa, Mike Gerstenberger, Helen L. Haig, James H. Haig, Pro Serv Industrial Contractors, LLC, Quest Trust Company, Eric Schneider, Robert Terrell, William Ferguson Family Partnership, LLC. (McTighe, Chadwick) [Transferred from kywd on 3/21/2024.] |
| Filing 12 SERVICE RETURNED UNEXECUTED BY SECRETARY OF STATE as to Defendant Robert Terrell. (JM) [Transferred from kywd on 3/21/2024.] |
| Filing 11 SERVICE BY SECRETARY OF STATE as to J. Richard Espinosa COMPLETED on 3/4/2024; Quest Trust Company COMPLETED on 3/4/2024. (JM) [Transferred from kywd on 3/21/2024.] |
| Filing 10 SERVICE BY SECRETARY OF STATE as to Mike Gerstenberger COMPLETED on 3/4/2024. (JM) [Transferred from kywd on 3/21/2024.] |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by Defendants ADM Capital, E&L Texas Investments, J. Richard Espinosa, Mike Gerstenberger, Helen L. Haig, James H. Haig, Pro Serv Industrial Contractors, LLC, Quest Trust Company, Eric Schneider, Robert Terrell, William Ferguson Family Partnership, LLC (Attachments: #1 Exhibit A - Florida SOS Articles of Organization, #2 Exhibit B - Florida SOS Update with Owensboro Address Change, #3 Exhibit C - KY Property Lease (redacted), #4 Exhibit D - Florida SOS Update with Current Florida Address, #5 Exhibit E - Bob Terrell Declaration, #6 Proposed Order) (McTighe, Chadwick) [Transferred from kywd on 3/21/2024.] |
| Filing 8 MOTION for Branch M. Sheppard to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-3983950. by Defendants ADM Capital, E&L Texas Investments, J. Richard Espinosa, Mike Gerstenberger, Helen L. Haig, James H. Haig, Pro Serv Industrial Contractors, LLC, Quest Trust Company, Eric Schneider, Robert Terrell, William Ferguson Family Partnership, LLC (Attachments: #1 Proposed Order) (McTighe, Chadwick) [Transferred from kywd on 3/21/2024.] |
| Filing 7 Summons Issued as to Pro Serv Industrial Contractors, LLC and Quest Trust Company. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (Attachments: #1 Summons Pro Serv - ISSUED) (KDY) [Transferred from kywd on 3/21/2024.] |
| Filing 6 NOTICE by Brian Davis re #1 Complaint,, (Attachments: #1 Summons, #2 Summons) (Meyer, John) [Transferred from kywd on 3/21/2024.] |
| Filing 5 NOTICE ON SUMMONS re #1 Complaint. (KDY) [Transferred from kywd on 3/21/2024.] |
| Filing 4 Summons Issued as to ADM Capital, E&L Texas Investments, J. Richard Espinosa, Mike Gerstenberger, Helen L. Haig, James H. Haig, Eric Schneider, Robert Terrell, William Ferguson Family Partnership, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons ISSUED - E&L, #2 Summons ISSUED - Espinosa, #3 Summons ISSUED - Ferguson, #4 Summons ISSUED - Gerstenberger, #5 Summons ISSUED - H. Haig, #6 Summons ISSUED - J. Haig, #7 Summons ISSUED - Schneider, #8 Summons ISSUED - Terrell) (KDY) [Transferred from kywd on 3/21/2024.] |
| Filing 3 Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (KDY) [Transferred from kywd on 3/21/2024.] |
| Filing 2 Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Brian Davis. (KDY) [Transferred from kywd on 3/21/2024.] |
| Filing 1 COMPLAINT filed by Brian Davis against ADM Capital, E&L Texas Investments, J. Richard Espinosa, Mike Gerstenberger, Helen L. Haig, James H. Haig, Pro Serv Industrial Contractors, LLC, Quest Trust Company, Eric Schneider, Robert Terrell, William Ferguson Family Partnership, LLC Filing fee $ 405, receipt number AKYWDC-3961019. (Attachments: #1 Exhibit A - Operating Agmt, #2 Exhibit B - Amended Operating Agmt, #3 Summons ADM, #4 Summons E&L, #5 Summons Espinosa, #6 Summons Ferguson, #7 Summons Gerstenberger, #8 Summons H. Haig, #9 Summons J. Haig, #10 Summons Schneider, #11 Summons Terrell, #12 Cover Sheet) (KDY) (Additional attachment(s) added on 1/31/2024: #13 Summons Quest - TENDERED, #14 Summons Pro Serv - TENDERED) (KDY). [Transferred from kywd on 3/21/2024.] |
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