Unger et al v. Speedway LLC et al
| Mary J Unger, Ronald D Unger, Mary J. Unger and Ronald D. Unger |
| Speedway LLC and Hess Realty LLC |
| 8:2020cv00520 |
| March 5, 2020 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| William F Jung |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 15, 2020. A more recent docket listing may be available from PACER.
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Filing 16
ENDORSED ORDER denying #11 Motion to Remand to State Court. In this case diversity (and therefore subject matter jurisdiction) does exist. Plaintiffs seek remand not because there is a lack of diversity of citizenship, but because there was an alleged defect in removal by Speedway. Plaintiffs state that Speedway should have removed within 30 days, because the original complaint stated their residence (as opposed to their citizenship) was Sarasota. Speedway waited until the citizenship of the Plaintiffs was established by early discovery, and then removed within 30 days. Because subject matter jurisdiction does exist, and there is no case, apparently, precisely with the instant fact pattern, the Court denies the motion to remand. There are indeed quite a few seasonal residents in the Sarasota area who are citizens of other states. Had Speedway removed and such was the case with no diversity of citizenship, Speedway might have been hit with attorney's fees due to improper removal. Speedway should not be penalized for being careful. Signed by Judge William F. Jung on 4/15/2020. (Jung, William)
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| Filing 15 REPLY to Response to Motion re #11 MOTION to Remand to State Court filed by Mary J. Unger, Ronald D. Unger. (Attachments: #1 Exhibit)(Mallard, Damian) |
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Filing 14
ENDORSED ORDER. Plaintiffs should file a reply to Doc. 13. Plaintiffs should cite any case law which supports that the complaint was removable on its face because it stated "at all times material hereto, Plaintiffs resided in Sarasota County, Florida" and that suffices to show Plaintiff's citizenship for removal. Alternately, Plaintiffs should cite cases supporting Plaintiffs' position that removing defendants were on inquiry notice to research and determine Plaintiffs' citizenship within 30 days, although 18 U.S.C. 1446(b)(3) suggests that knowledge would come through receipt of case papers. Signed by Judge William F. Jung on 4/8/2020. (Jung, William)
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| Filing 13 RESPONSE to Motion re #11 MOTION to Remand to State Court filed by Speedway LLC. (Durham, Brian) |
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Filing 12
ENDORSED ORDER denying as moot #9 Motion to Remand to State Court. The operative motion is Doc 11. Doc. 9 was superseded and is moot. Signed by Judge William F. Jung on 4/7/2020. (Jung, William)
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| Filing 11 MOTION to Remand to State Court by All Plaintiffs. (Attachments: #1 Exhibits A-C)(Mallard, Damian) |
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Filing 10
ENDORSED ORDER: Counsel should file the exhibits to the motion to remand, or cite where they are in the docket record. Signed by Judge William F. Jung on 4/3/2020. (Jung, William)
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| Filing 9 MOTION to Remand to State Court by All Plaintiffs. (Mallard, Damian) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case order and track 2 notice by Mary J. Unger, Ronald D. Unger. (Mallard, Damian) |
| Filing 7 NOTICE of pendency of related cases per Local Rule 1.04(d) by Mary J. Unger, Ronald D. Unger. Related case(s): No (Mallard, Damian) |
| Filing 6 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Speedway LLC. Related case(s): no (Durham, Brian) |
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement re #3 Related case order and track 2 notice by Speedway LLC. (Durham, Brian) |
| Filing 4 NOTICE of Appearance by Brian Joseph Durham on behalf of Speedway LLC. (Durham, Brian) |
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 3/6/2020. (SAO)
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| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-520-T-02SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 12 Judicial Circuit Court, case number 2019-CA-5431 filed in State Court on 3-5-2020. Filing fee $ 400, receipt number 113A-16558354 filed by Speedway LLC. (Attachments: #1 Civil Cover Sheet Federal, #2 State Court COMPLAINT, #3 State Court ANSWER, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I)(Durham, Brian) |
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