Saddle Creek Transportation, Inc. v. Natural Gas Vehicles Texas Inc. et al
| Saddle Creek Transportation, Inc. |
| NGV MOTORI SRL, FARROUKH ZAIDI, NATURAL GAS VEHICLES TEXAS INC., NGV MOTORI USA, LLC, NGV Motori USA,LLC and Natural Gas Vehicles Texas, Inc |
| 8:2018cv03021 |
| December 14, 2018 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Contract: Other |
| 28 U.S.C. § 1346 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 8, 2019. A more recent docket listing may be available from PACER.
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| Filing 24 ANSWER and affirmative defenses to #10 Amended Complaint by NGV Motori USA, LLC and by NGV Motori SRL.(Lemione, Kenneth) |
| Filing 23 RETURN of service executed on 01/15/2019 by Saddle Creek Transportation, Inc. as to NGV Motori SRL. (Roscoe, Michael) |
Filing 22
ENDORSED ORDER: Farroukh Zaidi's answer is due February 14, 2019, unless a motion for extension of time is filed on his behalf. Signed by Judge Virginia M. Hernandez Covington on 1/29/2019. (Covington, Virginia)
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Filing 21
ENDORSED ORDER: As for those defendants who have been served, their answers are due on February 8, 2019. Signed by Judge Virginia M. Hernandez Covington on 1/29/2019. (Covington, Virginia)
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| Filing 20 RETURN of service executed on 01/24/2019 by Saddle Creek Transportation, Inc. as to Farroukh Zaidi. (Roscoe, Michael) |
| Filing 19 STATUS report by Saddle Creek Transportation, Inc.. (Roscoe, Michael) |
| Filing 18 RETURN of service executed on 01/08/2019 by Saddle Creek Transportation, Inc. as to NGV Motori USA,LLC. (Roscoe, Michael) |
| Filing 17 RETURN of service executed on 01/10/2019 by Saddle Creek Transportation, Inc. as to Natural Gas Vehicles Texas, Inc. (Roscoe, Michael) |
| Filing 16 *** Terminated- Counsel notified to re-file as a Summons Returned Executed *** PROOF of service by Saddle Creek Transportation, Inc. (Roscoe, Michael) Modified text and NEF regenerated on 1/18/2019 (KMM). |
| Filing 15 *** Terminated- Counsel notified to re-file as a Summons Returned Executed *** PROOF of service by Saddle Creek Transportation, Inc. (Roscoe, Michael) Modified text and NEF regenerated on 1/18/2019 (KMM). |
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Filing 14
ENDORSED ORDER: Plaintiff filed this action on December 14, 2018. While the deadline for effecting service of the summons and complaint has not yet expired, the Court directs Plaintiff to file a status report regarding the efforts undertaken to effect service of process on Defendants by January 25, 2019. Signed by Judge Virginia M. Hernandez Covington on 1/14/2019. (KAK)
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Filing 13
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/6/2019. (TWL)
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| Filing 12 CORPORATE Disclosure Statement by Saddle Creek Transportation, Inc.. (Roscoe, Michael) |
| Filing 11 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by Saddle Creek Transportation, Inc.. Related case(s): No (Roscoe, Michael) |
| Filing 10 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Saddle Creek Transportation, Inc.. Related document: #1 Complaint filed by Saddle Creek Transportation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Roscoe, Michael) |
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Filing 9
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 12/20/2018. (TWL)
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Filing 8
ENDORSED ORDER: On December 14, 2018, Plaintiff Saddle Creek Transportation, Inc. filed a Complaint against four Defendants. As explained below, the Court requires Plaintiff to file an Amended Complaint by December 28, 2018, to cure defective jurisdictional allegations. The Complaint alleges the residency of Farroukh Zaidi, an individual; however, as explained in Molinos Valle Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 1342 n.12 (11th Cir. 2011), "citizenship, not residence, is the key fact that must be alleged... to establish diversity for a natural person." In addition, Plaintiff identifies NGV Motori USA, LLC as a Defendant, but fails to allege the citizenship of its members. The Complaint indicates that NGV Motori USA, LLC is wholly owned by a separate entity (Defendant Motori SRL), but the Complaint is not clear as to whether NGV Motori USA, LLC has members. A limited liability company is a business entity which can be comprised of multiple members. In order for a complaint "to sufficiently allege the citizenships of... unincorporated business entities, a party must list the citizenships of all the members of the limited liability company." See Rolling Greens MHP, L.P. Comcast SCH Holdings LLC, 374 F3d 1020, 1022 (11th Cir. 2004). In addition, the Complaint names Motori SRL, a foreign corporation with its principal place of business in Italy, as a Defendant, but fails to state the place of incorporation for Motori SRL. Accordingly, the Court directs Plaintiff to file an Amended Complaint by December 28, 2018. Failure to do so will result in the entry of an Order dismissing this case for lack of jurisdiction. See Travaglio v. Am. Express Co., 735 F.3d 1266, 1268 (11th Cir. 2013)("When a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists. Those allegations, when federal jurisdiction is invoked based on diversity, must include the citizenship of each party, so that the court is satisfied that no plaintiff is a citizen of the same state as any defendant.... Without such allegations, district courts are constitutionally obligated to dismiss the action altogether if the plaintiff does not cure the deficiency."). Signed by Judge Virginia M. Hernandez Covington on 12/18/2018. (KAK)
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| Filing 7 SUMMONS issued as to NGV Motori SRL, NGV Motori USA,LLC, Natural Gas Vehicles Texas, Inc, Farroukh Zaidi. (BES) |
| Filing 6 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:18-cv-3021-T-33SPF. (SJB) |
| Filing 5 PROPOSED summons to be issued by Saddle Creek Transportation, Inc. (Johnson, Kristen) |
| Filing 4 PROPOSED summons to be issued by Saddle Creek Transportation, Inc. (Johnson, Kristen) |
| Filing 3 PROPOSED summons to be issued by Saddle Creek Transportation, Inc. (Johnson, Kristen) |
| Filing 2 PROPOSED summons to be issued by Saddle Creek Transportation, Inc. (Johnson, Kristen) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-14927576) filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Johnson, Kristen) |
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