Valet Living LLC v. Sanchez et al
| Valet Living LLC |
| Ally Waste Services, LLC and Marcus Sanchez |
| 8:2021cv00388 |
| February 19, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Contract: Other |
| 28 U.S.C. § 1330 |
| None |
Docket Report
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This docket was last retrieved on March 24, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 SECOND AMENDED COMPLAINT against Marcus Sanchez filed by Valet Living LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Harris, Phillip) |
Filing 14
ENDORSED ORDER: The Court has reviewed Plaintiff Valet Living, LLC's response to the Court's show cause order. (Doc. #13). By March 26, 2021, the second amended complaint should be filed as a pleading separate and apart from the response to show cause order. Additionally, in light of the representation that "[Valet Living] and Ally have settled all of their claims" (Id. at 3), this cause is hereby dismissed as to Defendant Ally Waste Services, LLC, only, without prejudice and subject to the right of the parties, within 60 days of the date here of, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. The case remains open as to the claim against Defendant Marcus Sanchez. Signed by Judge Virginia M. Hernandez Covington on 3/24/2021. (LEA)
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| Filing 13 AMENDED RESPONSE TO ORDER TO SHOW CAUSE re 11 Order filed by Valet Living LLC. (Attachments: #1 Exhibit 1)(Harris, Phillip) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re 11 Order filed by Valet Living LLC. (Harris, Phillip) |
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Filing 11
ENDORSED ORDER: On March 3, 2021, the Court directed Plaintiff Valet Living to file, by March 10, 2021, "an amended complaint alleging the citizenship of Ally Waste and Marcus Sanchez." (Doc. # 5). A review of the docket shows no amended complaint has been filed. Accordingly, the plaintiff is directed to show cause by March 23, 2021, why this case should not be dismissed for failure to prosecute. Signed by Judge Virginia M. Hernandez Covington on 3/16/2021. (LEA)
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| Filing 10 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (TWL) |
| Filing 9 NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. (Signed by Deputy Clerk). (TWL) |
| Filing 8 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (TWL) |
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Filing 7
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 3/4/2021. (TWL)
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| Filing 6 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (TWL) |
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Filing 5
ENDORSED ORDER: On February 23, 2021, the Court directed Plaintiff Valet Living, LLC, to file an amended complaint alleging the citizenship of all parties involved. (Doc. # 3). Plaintiff Valet Living has now filed an amended complaint (Doc. # 4), but the allegations remain insufficient to demonstrate diversity jurisdiction. The amended complaint now reads, "Ally Waste Services, LLC ('Ally'), is a Corporation authorized to do business in the state of Florida with its principal place of business in Mesa, Arizona. Marcus Sanchez ('Sanchez') is an individual residing and working in Texas." (Id. at 4-5). But as the Court previously explained, "a limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Thus, "[t]o sufficiently allege the citizenships of" a limited liability company, "a party must list the citizenships of all the members of the limited liability company." Id. Where an LLC has, as one of its members, another LLC, "the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be" to determine the citizenship of the LLC. Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003). Furthermore, 28 U.S.C. 1332(a) grants this Court jurisdiction over disputes between "citizens of different States," not parties "residing and working" in different states. Taylor v. Appleton, 30 F.3d 1365, 1367 (11th Cir. 1994) ("Citizenship, not residence, is the key fact that must be alleged in the complaint to establish diversity for a natural person."). Plaintiff Valet Living is directed to file, by March 10, 2021, an amended complaint alleging the citizenship of Ally Waste and Marcus Sanchez. Signed by Judge Virginia M. Hernandez Covington on 3/3/2021. (LEA)
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| Filing 4 AMENDED COMPLAINT against Ally Waste Services, LLC, Marcus Sanchez filed by Valet Living LLC.(Harris, Phillip) |
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Filing 3
ENDORSED ORDER: Plaintiff Valet Living, LLC, filed the instant complaint on February 19, 2021, explaining that the Court has diversity jurisdiction. (Doc. # 1 at 2). However, Valet Living merely states that it is a "Delaware Corporation with a principal place of business in Tampa, Florida," that Defendant Ally Waste Services, LLC is a "Corporation authorized to do business in the state of Florida with its principal place of business in Mesa, Arizona," and that Defendant Marcus Sanchez is "an individual residing and working in Texas." (Id. at 1). "[A] limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Thus, "[t]o sufficiently allege the citizenships of" a limited liability company, "a party must list the citizenships of all the members of the limited liability company." Id. Where an LLC has, as one of its members, another LLC, "the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be" to determine the citizenship of the LLC. Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003). Furthermore, 28 U.S.C. 1332(a) grants this Court jurisdiction over disputes between "citizens of different States," not parties "residing and working" in different states. Taylor v. Appleton, 30 F.3d 1365, 1367 (11th Cir. 1994) ("Citizenship, not residence, is the key fact that must be alleged in the complaint to establish diversity for a natural person."). Accordingly, Valet Living is directed to file, by March 2, 2021, an amended complaint alleging the citizenship of all parties involved. Signed by Judge Virginia M. Hernandez Covington on 2/23/2021. (LEA)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-0388-VMC-AEP. (SJB) |
| Filing 1 COMPLAINT (Verified) against Ally Waste Services, LLC, Marcus Sanchez (Filing fee $ 402 receipt number 113A-17906058) filed by Valet Living LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Harris, Phillip) |
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