Begley's Manatee Services, LLC v. Circle K Stores, Inc.
| Begley's Manatee Services, LLC |
| Circle K Stores, Inc. |
| 8:2020cv00815 |
| April 8, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Charlene Edwards Honeywell |
| Anthony E Porcelli |
| Christopher P Tuite |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 21, 2020. A more recent docket listing may be available from PACER.
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Filing 31
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/4/2021, Dispositive motions due by 7/9/2021, Pretrial statement due by 10/19/2021, All other motions due by 10/26/2021, Final Pretrial Conference set for 11/16/2021 at 2:30 PM in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell, Jury Trial set for term commencing 12/6/2021 in Tampa Courtroom 13A before Judge Charlene Edwards Honeywell. Conduct mediation hearing by 3/19/2021. Lead counsel to coordinate dates. Signed by Judge Charlene Edwards Honeywell on 5/21/2020. (BGS)
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Filing 30
ENDORSED ORDER granting in part #28 Plaintiff's Unopposed Motion for Extension of Deadline to File an Amended Complaint. Plaintiff is granted an extension of time through and including 6/19/2020 to file an amended complaint, or within seven days of the Court's determination whether to accept jurisdiction over this case, whichever is earlier. Signed by Magistrate Judge Christopher P. Tuite on 5/11/2020. (AHA)
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| Filing 29 CASE MANAGEMENT REPORT. (Hopper, Ryan) |
| Filing 28 MOTION for Extension of Time to Amend by Begley's Manatee Services, LLC. (Patterson, James) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 27
ENDORSED ORDER granting #26 Defendant Circle K's Unopposed Motion to Conduct Case-Management Conference Telephonically. Signed by Magistrate Judge Christopher P. Tuite on 5/5/2020. (MJP)
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| Filing 26 Unopposed MOTION for Miscellaneous Relief, specifically to Conduct Case-Management Conference Telephonically by Circle K Stores, Inc.. (Hopper, Ryan) |
| Filing 25 MOTION to Dismiss Plaintiff's Complaint (Doc. 1-2) by Circle K Stores, Inc. (Hopper, Ryan) Modified on 4/30/2020 (DG). |
| Filing 24 ***TERMINATED--COUNSEL NOTIFIED TO RE-FILE CORRECT DOCUMENT TO CASE***CERTIFICATE of interested persons and corporate disclosure statement by Begley's Manatee Services, LLC. (Patterson, James) Modified on 4/27/2020 (CTR). |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Begley's Manatee Services, LLC. (Harder, George) COUNSEL WHO ELECTRONICALLY SIGNED THE DOCUMENT TO REFILE SAME USING HIS OWN PERSONAL ECF LOGIN/PASSWORD. Modified on 4/24/2020 (DG). |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #15 Interested persons order by Circle K Stores, Inc. identifying Corporate Parent Alimentation Couche-Tard Inc. for Circle K Stores, Inc. (Hopper, Ryan) Modified on 4/24/2020 (DG). |
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Filing 21
ENDORSED ORDER granting #20 Defendant Circle K Stores, Inc.'s Unopposed Motion for Special Admission of Tyler R. Andrews. If counsel has not already done so, within 14 days hereof, he shall pay the $150 fee to the Clerk of Court and complete the e-filer registration form (available at http://www.flmd.uscourts.gov/special-admission-practice). Signed by Magistrate Judge Christopher P. Tuite on 4/23/2020. (MJP)
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| Filing 20 Unopposed MOTION for Tyler R. Andrews to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-16731740 for $150 by Circle K Stores, Inc. (Attachments: #1 Exhibit A)(Hopper, Ryan) Motions referred to Magistrate Judge Christopher P. Tuite. Modified on 4/22/2020 (DG). |
| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re 9 Order filed by Circle K Stores, Inc.. (Attachments: #1 Exhibit A)(Hopper, Ryan) |
| Filing 18 Case Reassigned to Magistrate Judge Christopher P. Tuite. New case number: 8:20-cv-815-T-36CPT. Magistrate Judge Anthony E. Porcelli no longer assigned to the case. (JNB) |
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Filing 17
ORDER: The Clerk is DIRECTED to assign Magistrate Judge Tuite as the presiding magistrate judge in this action, pursuant to Local Rule 1.04(b). Signed by Judge Charlene Edwards Honeywell on 4/15/2020. (GLP)
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Filing 16
ENDORSED ORDER granting #12 Unopposed Motion for Extension of Circle K's Deadline to Respond to Plaintiff's Complaint. The deadline for Defendant to "answer or present other defenses" under Fed. R. Civ. P. 81(c) is extended to, and including, April 29, 2020. Signed by Judge Charlene Edwards Honeywell on 4/14/2020. (GLP)
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Filing 15
AMENDED INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 4/28/2020. Signed by Judge Charlene Edwards Honeywell on 4/14/2020. (BGS)
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Filing 14
AMENDED RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/28/2020. Signed by Judge Charlene Edwards Honeywell on 4/14/2020. (BGS)
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| Filing 13 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell. New case number: 8:20-cv-815-T-36AEP. Judge Virginia M. Hernandez Covington no longer assigned to the case. (AG) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Circle K Stores, Inc. (Hopper, Ryan) |
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Filing 11
ENDORSED ORDER granting Circle K's unopposed motion to transfer related case. (Doc. #10). Pursuant to Local Rule 1.04, this matter is hereby transferred, with her consent, to the Honorable Charlene Edwards Honeywell, United States District Judge, to conduct all further proceedings. Signed by Judge Virginia M. Hernandez Covington on 4/13/2020. (MWS)
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| Filing 10 Unopposed MOTION to Change Venue / Transfer Case to District Judge Honeywell and Magistrate Judge Tuite by Circle K Stores, Inc. (Attachments: #1 Exhibit A)(Hopper, Ryan) |
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Filing 9
ENDORSED ORDER: On April 8, 2020, Circle K Stores, Inc., removed this case from state court on the basis of diversity jurisdiction. (Doc. #1). The complaint does not specify the amount of damages sought, and when "damages are unspecified, the removing party bears the burden of establishing the jurisdictional amount by a preponderance of the evidence." Lowery v. Ala. Power Co., 483 F.3d 1184, 1208 (11th Cir. 2007). Circle K contends that it is "facially apparent from the [c]omplaint that the amount in controversy exceeds $75,000" because the complaint alleges damages exceeding $30,000 and includes a claim for treble damages. (Doc. #1 at 2-3). However, the claim for treble damages only applies to one of the two counts in the complaint, and the specific amount of damages attributable to each count is not apparent from the face of the complaint. Thus, the Court is not convinced that Plaintiff's claim for unspecified treble damages is sufficient to show that the amount in controversy exceeds $75,000. See In re High Fructose Corn Syrup Antitrust Litigation, 936 F. Supp. 530, 533 (C.D. Ill.1996) ("Trebling an unknown amount of damages leads only to a second unknown."). Accordingly, Circle K is directed to provide additional information establishing, if possible, that the amount in controversy requirement has been met by April 17, 2020. Signed by Judge Virginia M. Hernandez Covington on 4/10/2020. (MWS)
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Filing 8
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 4/9/2020. (SKP)
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| Filing 7 NOTICE to counsel Tyler R. Andrews of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (TDC) |
| Filing 6 NOTICE to counsel Ryan Thomas Hopper of Local Rule 1.05(e), which states - 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. File a completed Civil Cover Sheet using the event Notice (Other) (Signed by Deputy Clerk). (TDC) |
| Filing 5 AMENDED NOTICE of pendency of related cases per Local Rule 1.04(d) by Circle K Stores, Inc. Related case(s): Yes (Hopper, Ryan) Modified on 4/9/2020 (TDC). Modified text per counsel on 4/9/2020 (BSN). |
| Filing 4 NOTICE of pendency of related cases per Local Rule 1.04(d) by Circle K Stores, Inc. Related case(s): No (Hopper, Ryan) Modified on 4/9/2020 (TDC). |
| Filing 3 NOTICE of Filing Civil Cover Sheet by Circle K Stores, Inc. (Attachments: COUNSEL FILED IN ERROR. #1 Exhibit Notice of Related Actions)(Hopper, Ryan) Modified text on 4/9/2020 (BSN). |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:20-cv-815-T-33AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL At the Twelfth Judicial Circuit, in and for Manatee County, FL, case number 2020CA000925AX filed in State Court on 03/02/2020. Filing fee $ 400, receipt number 113A-16681718 filed by Circle K Stores, Inc. (Attachments: #1 Exhibit A, #2 State Court COMPLAINT, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 State Court Civil Cover Sheet)(Hopper, Ryan) Modified on 4/9/2020 (TDC). |
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