Ellis v. Pilot Travel Centers, LLC
| Sylvia Ellis |
| Pilot Travel Center, LLC and Pilot Travel Center, LLC doing business as Flying J |
| 8:2019cv00973 |
| April 23, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 17 TRANSFER to the Northern District of Florida. (JNB) |
| Acknowledgment - Transferred case has been opened in the Northern District of Florida as case 4:19-cv-00219, filed 05/13/2019. (JNB) |
Filing 16
ENDORSED ORDER: The parties have sent a proposed order to chambers email which the Court interprets to mean that the plaintiff is in agreement that this case should be transferred to the Northern District of Florida. Because venue does lie in that District--the accident occurred there--it is appropriate that this case be transferred. The Court denies the motion to dismiss and grants the motion to transfer venue. The Clerk is directed to transfer this case to the Northern District of Florida and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 5/9/2019. (Covington, Virginia)
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Filing 15
ENDORSED ORDER: By May 14, 2019, plaintiff shall show cause why this matter should not be transferred to the Northern District of Florida. The Court notes that there is a pending motion to dismiss or to transfer venue to the Northern District, but the plaintiff has failed to respond. While the Court would be well within its rights to grant the request as unopposed, in an abundance of fairness to the plaintiff, the Court gives the plaintiff this opportunity to be heard. Signed by Judge Virginia M. Hernandez Covington on 5/9/2019. (Covington, Virginia)
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| Filing 14 CASE MANAGEMENT REPORT. (Paleschic, Dale) |
| Filing 13 NOTICE of pendency of related cases Sylvia Ellis vs. Pilot Travel Centers, LLC, d/b/a Flying J, Case No.: 2019 CA 001699 per Local Rule 1.04(d) by Sylvia Ellis. Related case(s): yes (Baldwin, Matthew) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Sylvia Ellis identifying Other Affiliate Luks Santaniello Petrillo & Jones, Other Affiliate Medicare, Other Affiliate Vargas Gonzalez Hevia Baldwin, Other Affiliate Matthew L. Baldwin, Other Affiliate PILOT TRAVEL CENTERS, LLC d/b/a FLYING J, Other Affiliate SYLVIA ELLIS, Other Affiliate Alec Masson, Other Affiliate Dale Paleschic for Sylvia Ellis. (Baldwin, Matthew) |
| Filing 11 CASE MANAGEMENT REPORT. (Paleschic, Dale) |
| Filing 10 CORPORATE Disclosure Statement by Pilot Travel Center, LLC. (Paleschic, Dale) |
| Filing 9 NOTICE of pendency of related cases Defendant Pilot Travel Center, LLC, d/b/a Flying J's Notice of Pendency of Other Actions per Local Rule 1.04(d) by Pilot Travel Center, LLC. Related case(s): Yes (Paleschic, Dale) |
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Filing 8
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Anthony Hevia is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until May 21, 2019, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by May 21, 2019. Signed by Judge Virginia M. Hernandez Covington on 4/3/2019. (TWL)
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| Filing 7 NOTICE of Appearance by Matthew Lee Baldwin on behalf of Sylvia Ellis (Baldwin, Matthew) |
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Filing 6
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by May 10, 2019, 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 4/26/2019. (DLB)
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 4/24/2019. (TWL)
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| Filing 4 NOTICE by Pilot Travel Center, LLC re #1 Notice of Removal, 3 Notice (Other) Notice of Filing Civil Cover Sheet (Masson, Alec) |
| Filing 3 NOTICE to counsel of Local Rule 1.05 (e): The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. (BES) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:19-cv-973-T-33CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE of Removal Defendant's Notice of Removal and Motion to Dismiss for Improper Venue and/or Motion for Change of Venue from Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, case number 2019-CA-001699 filed in State Court on 02/15/2019. Filing fee $ 400, receipt number 113A-15386367 filed by All Defendants. (Attachments: #1 Exhibit Composite Ex. A - State Court Papers, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Paleschic, Dale) Modified on 4/24/2019 (BES). |
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