Carrier Corporation v. Technology Research, LLC
| Carrier Corporation |
| Technology Research, LLC and Technology Research Corporation |
| Techonology Research Corporation |
| Gregory P. Holder |
| 8:2021cv00008 |
| January 4, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Amanda Arnold Sansone |
| Contract Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on May 6, 2021. A more recent docket listing may be available from PACER.
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Filing 44
ORDER setting follow-up discovery conference for March 25, 2021 at 11:00 AM before Magistrate Judge Amanda Arnold Sansone via videoconference. See order for further details and deadlines. Signed by Magistrate Judge Amanda Arnold Sansone on 2/25/2021. (MLM)
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| Filing 43 Minute Entry. Proceedings held in Courtroom 10B before Magistrate Judge Amanda Arnold Sansone: Discovery Hearing held on 2/24/2021. (digital) (CDM) |
| Filing 42 NOTICE by Carrier Corporation Joint Notice of Discovery Issues before the Court (Rivas, Richard) |
| Filing 41 REPLY to Response to Motion re #22 MOTION for Summary Judgment filed by Technology Research, LLC. (Attachments: #1 Exhibit Index to Exhibits in Support of Defendant's Motion for Summary Judgment, #2 Exhibit C - Dep. of Loren Griswold, #3 Exhibit I - Notice of Filing (State Court), #4 Exhibit J - Carrier's Br. in Opp. to TRC's Second Summ. J. Mot. (State Court), #5 Exhibit K - Carrier's Mot. to Cont. (State Court), #6 Exhibit L - TRC's Br. in Opp. to Carrier's Mot. to Cont. (State Court), #7 Exhibit M - Hr'g Tr. (State Court), #8 Exhibit N - Carrier's Second Amended Third-Party Compl. (State Court), #9 Exhibit O - Carrier's Br. in Opp. to TRC's First Summ. J. Mot. (State Court), #10 Exhibit P - Carrier's Mot. to Stay (State Court))(Andrews, Timothy) |
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Filing 40
ENDORSED ORDER: Defendant Technology Research, LLC's Motion for Leave to File Reply Brief (Doc. #39) is granted. This District's Local Rules have been amended to provide parties with an automatic right of reply to a response to a motion for summary judgment. Local Rule 3.01(d), M.D. Fla. Accordingly, Technology Research may file a reply, not to exceed fifteen pages, by February 19, 2021. Signed by Judge Virginia M. Hernandez Covington on 2/9/2021. (AR)
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| Filing 39 MOTION for Leave to File Other Document :Reply Brief in Support of Motion for Summary Judgment by Technology Research, LLC. (Andrews, Timothy) |
| Filing 38 RESPONSE in Opposition re #22 MOTION for Summary Judgment filed by Carrier Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Rivas, Richard) |
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Filing 37
ENDORSED ORDER: The Court is aware that the parties have requested a July 20, 2021, mediation to be held via videoconference. (Doc. #34). This request is premature and so it is denied without prejudice. Therefore, the parties should plan to mediate in person. In June 2021, the parties may renew their request if circumstances dictate. Signed by Judge Virginia M. Hernandez Covington on 2/5/2021. (AR)
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Filing 36
ORDER appointing Gregory P. Holder, Esq. as mediator in this action. The mediation conference is scheduled for July 20, 2021, at 9:00 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. Signed by Judge Virginia M. Hernandez Covington on 2/5/2021. (AR)
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Filing 35
ORDER Setting Discovery Conference for February 24, 2021 at 10:00 AM in Tampa Courtroom 10B before Magistrate Judge Amanda Arnold Sansone. See order for further details and deadlines. Signed by Magistrate Judge Amanda Arnold Sansone on 2/5/2021. (MLM)
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| Filing 34 NOTICE of mediation conference/hearing to be held on July 20, 2021 at 9:00 am before Greg Holder, Esq.. (Rivas, Richard) |
| Filing 33 NOTICE by Technology Research, LLC JOINT NOTICE OF DISCOVERY HEARING (King, Courtney) |
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Filing 32
ORDER directing the parties to meet and confer about a date and time from the list provided for the discovery hearing. See order for further details and deadlines. Signed by Magistrate Judge Amanda Arnold Sansone on 1/27/2021. (MLM)
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Filing 31
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/27/2021. (TWL)
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Filing 30
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 2/17/2022 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the March 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 9/17/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/27/2021. (TWL)
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| Filing 29 Minute Entry. Virtual Proceedings held before Judge Virginia M. Hernandez Covington: SCHEDULING CONFERENCE held on 1/27/2021. Court Reporter: Sharon A. Miller (TWL) |
| Filing 28 RESPONSE to Motion re #13 MOTION for Hearing. Defendant/Counterclaimant's Motion For Rule 16 Scheduling Conference filed by Carrier Corporation. (Rivas, Richard) |
| Filing 27 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The scheduling hearing previously scheduled for 1/27/2021 at 9:30 AM is rescheduled. New hearing time: Scheduling Conference set for 1/27/2021 at 08:30 AM via Zoom before Judge Virginia M. Hernandez Covington. (TWL) |
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Filing 26
ENDORSED ORDER: Plaintiff Carrier Corporation's unopposed "Motion to Reschedule the 1/27/21 Scheduling Conference Hearing" is denied in part. (Doc. #23). The Court understands that Mr. Ryan Rivas has a deposition scheduled on January 27, 2021, at 9:30 AM. However, the Court has already previously rescheduled this conference at Mr. Rivas's request. To accommodate his schedule, the Clerk is directed to reschedule the scheduling conference to January 27, 2021, at 8:30 AM. Given that the conference will be conducted remotely and should be relatively short, this will provide ample time for Mr. Rivas to attend his deposition. Signed by Judge Virginia M. Hernandez Covington on 1/26/2021. (AR)
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| Filing 25 CORPORATE Disclosure Statement by Carrier Corporation identifying Corporate Parent Carrier Global Corporation for Carrier Corporation.. (Rivas, Richard) |
| Filing 24 REPLY to #2 Counterclaim by Carrier Corporation. (Rivas, Richard) Modified text on 1/26/2021 (LNR). |
| Filing 23 MOTION to Continue Scheduling Conference Hearing by Carrier Corporation. (Rivas, Richard) |
| Filing 22 MOTION for Summary Judgment by Technology Research, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(King, Courtney) |
| Filing 21 NOTICE of hearing: Scheduling Conference set for 1/27/2021 at 9:30 AM. This hearing will be conducted via Zoom video conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited. (TWL) |
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Filing 20
ENDORSED ORDER granting #18 Motion to Continue. The scheduling conference which was to be held on January 22 is cancelled. Signed by Judge Virginia M. Hernandez Covington on 1/21/2021. (Covington, Virginia)
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| Filing 19 NOTICE of pendency of related cases 14-SU-CV-329 CC per Local Rule 1.04(d) by Carrier Corporation. Related case(s): yes (Rivas, Richard) |
| Filing 18 MOTION to Continue Scheduling Conference Hearing by Carrier Corporation. (Rivas, Richard) |
| Filing 17 NOTICE of hearing: Scheduling Conference set for 1/22/2021 at 2:00 PM. This hearing will be conducted via Zoom video conference before Judge Virginia M. Hernandez Covington. The Clerk will be sending an invitation to the meeting via email. If you have any questions please contact courtroom deputy, Tamecika Lee, at Tamecika_Lee@flmd.uscourts.gov. Although the hearing is taking place by video, all parties should dress appropriately for this Court proceeding. Furthermore, the parties are hereby reminded that under Local Rule 4.11(b) the taking of photographs, the operation of recording or transmission devices, and the broadcasting or televising of proceedings in any courtroom or hearing room of this Court, or the environs thereof, either while the Court is in session or at recesses between sessions when Court officials, lawyers, jurors, witnesses or other persons connected with judicial proceedings of any kind are present, are prohibited.(TWL) |
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Filing 16
ENDORSED ORDER granting #13 Motion for Hearing to the extent that the Clerk is directed to schedule a video zoom rule 16 hearing on January 22, 2021, at 2 p.m. Any other issues can be raised at the hearing. Signed by Judge Virginia M. Hernandez Covington on 1/19/2021. (Covington, Virginia)
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| Filing 15 CASE MANAGEMENT REPORT. (Rivas, Richard) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #6 Related case order and track 2 notice by Technology Research, LLC identifying Corporate Parent Southwire Holding Company (ultimate parent corporation), Other Affiliate Technology Research LLC, fka Technology Research Corporation ("TRC"), Other Affiliate Technology Research Corporation Honduras SA de CV (subsidiary of TRC), Other Affiliate Southwire International Holdings, Inc. (sole member of TRC), Other Affiliate Zurich North America (insurer), Other Affiliate Great American Insurance Company (insurer) for Technology Research, LLC. (King, Courtney) |
| Filing 13 MOTION for Hearing; Defendant/Counterclaimant's Motion for Rule 16 Scheduling Conference by Technology Research, LLC. (King, Courtney) |
| Filing 12 SUPPLEMENT re 4 Order FILING IN SUPPORT OF NOTICE OF REMOVAL by Technology Research, LLC. (King, Courtney) |
| PRO HAC VICE FEES paid by attorney Timothy M. Andrews, appearing on behalf of Technology Research, LLC (Filing fee $150 receipt number TPA062887.) Related document: #10 Unopposed MOTION for Timothy M. Andrews to appear pro hac vice . (ARC) |
| PRO HAC VICE FEES paid by attorney Michael R. Boorman, appearing on behalf of Technology Research, LLC (Filing fee $150 receipt number TPA062887.) Related document: #9 Unopposed MOTION for Michael R. Boorman to appear pro hac vice . (ARC) |
| PRO HAC VICE FEES paid by attorney Lucas W. Andrews, appearing on behalf of Technology Research, LLC (Filing fee $150 receipt number TPA062887.) Related document: #8 Unopposed MOTION for Lucas W. Andrews to appear pro hac vice . (ARC) |
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Filing 11
ENDORSED ORDER granting #8, #9, #10 Motions to Appear Pro Hac Vice. Attorneys Lucas W. Andrews, Michael R. Boorman, and Timothy M. Andrews may appear pro hac vice, subject to the requirement that counsel comply with the email registration requirements of Local Rule 2.01(d), M.D. Fla., within 14 days of the date of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 1/8/2021. (MLM)
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| Filing 10 Unopposed MOTION for Timothy M. Andrews to appear pro hac vice by Technology Research, LLC. (King, Courtney) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 9 Unopposed MOTION for Michael R. Boorman to appear pro hac vice by Technology Research, LLC. (King, Courtney) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 8 Unopposed MOTION for Lucas W. Andrews to appear pro hac vice by Technology Research, LLC. (King, Courtney) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 7 NOTICE of pendency of related cases per Local Rule 1.04(d) by Technology Research, LLC. Related case(s): Yes (King, Courtney) |
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Filing 6
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 1/7/2021. (TWL)
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Filing 5
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 19, 2021, 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 1/6/2021. (AR)
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Filing 4
ENDORSED ORDER: On January 4, 2021, Defendant Technology Research, LLC, removed the case from state court on the basis of diversity jurisdiction. (Doc. #1). However, 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). Technology Research argues that the amount in controversy exceeds $75,000, because an attached civil cover sheet states that it exceeds $100,000. (Doc. # 1). However, Technology Research provides no concrete factual support that Plaintiff Carrier Corporation's damages exceed $75,000. Therefore, the Court is unable to determine whether the amount in controversy has been met by Carrier's damages claim without engaging in heavy speculation. Accordingly, Technology Research is directed to provide the Court with more information by January 12, 2021, regarding the amount of damages to establish that the amount in controversy has been satisfied. Signed by Judge Virginia M. Hernandez Covington on 1/5/2021. (AR)
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| Filing 3 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-0008-T-33AAS. (SJB) |
| Filing 2 ANSWER and affirmative defenses to Complaint with Jury Demand , COUNTERCLAIM against Carrier Corporation by Technology Research, LLC.(King, Courtney) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court of the Sixth Judicial Circuit in and for Pinellas County, Florida, case number 20-005515-CI filed in State Court on 11/20/2020. Filing fee $402, receipt number 113A-17721948 filed by Technology Research, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(King, Courtney) Modified on 1/5/2021 to edit text (CRH). |
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