Camoco, LLC v. Leyva
| Camoco, LLC |
| Carlos Leyva |
| Peter J. Grilli |
| 8:2018cv01693 |
| July 13, 2018 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Pinellas |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on August 31, 2018. A more recent docket listing may be available from PACER.
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Filing 30
ORDER: Plaintiff Camoco, LLC's Motion to Remand (Doc. #9 ) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 8/31/2018. (DMD)
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| Filing 29 NOTICE OF RESCHEDULING HEARING: The evidentiary hearing on #3 Motion for Preliminary Injunction previously scheduled for 10/15/2018 is rescheduled. New scheduling date and time: Evidentiary Hearing set for 12/5/2018 at 09:30 AM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed. See Notice for further details.(SMC) |
| Filing 28 AFFIDAVIT of Carlos Leyva re: #27 Response in Opposition to Motion for Temporary Restraining order by Carlos Leyva. (Attachments: #1 Affidavit)(Linero, William) |
| Filing 27 RESPONSE in Opposition re #3 MOTION for preliminary injunction filed by Carlos Leyva. (Linero, William) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement Amended by Carlos Leyva. (Linero, William) |
| Filing 25 NOTICE by Carlos Leyva re #24 MOTION to transfer case venue pursuant to 28 U.S.C. 1404 and Incorporated Memorandum of Law Notice of Filing Affidavit of Carlos Leyva in support of motion to transfer venue (Linero, William) |
| Filing 24 MOTION to transfer case venue pursuant to 28 U.S.C. 1404 and Incorporated Memorandum of Law by Carlos Leyva. (Attachments: #1 Exhibit Web Page)(Linero, William) |
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Filing 23
ORDER appointing Peter J. Grilli as mediator in this action. Mediation Conference set for January 14, 2019, at 10:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 8/14/2018. (DLB)
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| Filing 22 NOTICE of mediation conference/hearing to be held on 1/14/2019 before Peter J. Grilli. (Mongelluzzi, Andrew) |
| Filing 21 NOTICE of evidentiary hearing on #3 Motion for Preliminary Injunction. Hearing set for 10/15/2018 at 10:00 AM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed. Defendant shall file his response to Plaintiff's Motion by August 27, 2018. No later than October 10, 2018, the parties shall file their witness and exhibits lists. (SMC) |
| Filing 20 Minute Entry. Proceedings held before Magistrate Judge Julie S. Sneed: Status Conference held on 8/7/2018 re #3 MOTION for Preliminary Injunction filed by Camoco, LLC. (DIGITAL) (JRB) |
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Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/15/2019 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Trial set for the September 2019 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 3/12/2019. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 8/3/2018. (TWL) Modified on 8/3/2018 corrected year on Final Pretrial Conference (BES).
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| Filing 18 RESPONSE in Opposition re #9 First MOTION to remand to State Court filed by Carlos Leyva. (Attachments: #1 Exhibit Summons, #2 Exhibit letter to judge, #3 Exhibit unexecuted order)(Linero, William) |
| Filing 17 CASE MANAGEMENT REPORT. (Mongelluzzi, Andrew) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Camoco, LLC. (Mongelluzzi, Andrew) |
| Filing 15 NOTICE of pendency of related cases re #12 Related case order and track 2 notice per Local Rule 1.04(d) by Camoco, LLC. Related case(s): yes (Mongelluzzi, Andrew) |
| Filing 14 NOTICE of pendency of related cases per Local Rule 1.04(d) by Carlos Leyva. Related case(s): No (Linero, William) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Carlos Leyva identifying Other Affiliate Carlos Leyva for Carlos Leyva.. (Linero, William) |
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Filing 12
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 7/19/2018. (SAO)
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| Filing 11 NOTICE of status hearing re #3 Motion for Preliminary Injunction. Hearing set for 8/7/2018 at 10:00 AM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed. (SMC) |
| Filing 10 NOTICE by Camoco, LLC Hearing Transcript and Proposed Orders (Attachments: #1 Supplement Hearing Transcript and Proposed Orders)(Mongelluzzi, Andrew) |
| Filing 9 First MOTION to remand to State Court by Camoco, LLC. (Mongelluzzi, Andrew) |
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Filing 8
ORDER REFERRING MOTION: Plaintiff's Motion for a Temporary Restraining Order (Doc. #3 ) is construed as a request for a Preliminary Injunction and is hereby referred to the Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) for the issuance of a Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 7/18/2018. (KAK) Motions referred to Magistrate Judge Julie S. Sneed.
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Filing 7
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by August 1, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 7/18/2018. (KAK)
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| Filing 6 SUPPLEMENT re #1 Notice of Removal by Carlos Leyva. (Attachments: #1 Exhibit Articles of Organization, #2 Exhibit Articles of Amendment, #3 Exhibit 2018 Florida Limited Liability Company Report)(Linero, William) |
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Filing 5
ENDORSED ORDER: Defendant Carlos Leyva removed this action on July 13, 2018, predicating subject matter jurisdiction on complete diversity of citizenship. (Doc. #1 ). In the Notice of Removal, Defendant states: "Complete diversity of citizenship exists between Plaintiff and Defendant. Plaintiff is a Florida limited liability company. Defendant is a citizen of the State of Texas." (Id.). These jurisdictional allegations do not satisfy the Court that the requirements for complete diversity of citizenship have been met. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004) ("To sufficiently allege the citizenships of [] unincorporated business entities, a party must list the citizenships of all the members of the limited liability company...."). Here, neither the Notice of Removal nor the Complaint reveal the citizenship of the LLC members. Accordingly, Defendant is directed to supplement the Notice of Removal with this required information by July 23, 2018. Failure to do so will result in an Order of Remand for lack of subject matter jurisdiction without further order. Signed by Judge Virginia M. Hernandez Covington on 7/16/2018. (KAK)
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| Filing 4 ANSWER and affirmative defenses to #2 Complaint with Jury Demand by Carlos Leyva. (filed in state court on 07/09/2018)(BES) |
| Filing 3 MOTION for temporary restraining order by Camoco, LLC. (filed in state court on 04/10/2018) (BES) Modified on 7/18/2018 (BES). |
| Filing 2 COMPLAINT against Carlos Leyva filed by Camoco, LLC. (filed in state court on 04/10/2018)(BES) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, case number 18-002196-CI filed in State Court on 04/10/2018. Filing fee $ 400, receipt number TPA 51778 filed by Carlos Leyva. (Attachments: #1 Civil Cover Sheet, #2 Docket Sheet)(BES) |
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