Independent Service Provider, LLC v. Kelley
| Independent Service Provider, LLC |
| David Kelley |
| 8:2021cv00748 |
| March 26, 2021 |
| U.S. District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Anthony E Porcelli |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 32
ORDERED: Plaintiff's Amended Motion to Remand #23 is GRANTED. This case is REMANDED to the Circuit Court of the Tenth Judicial Circuit, in and for Polk County, Florida. The Clerk is directed to transmit a certified copy of this Order to the Clerk of the Tenth Judicial Circuit Court, in and for Polk County, Florida. The Clerk is further directed to terminate any pending deadlines and close this case. Signed by Judge Charlene Edwards Honeywell on 5/11/2021. (JDE)
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| Filing 31 Joint MOTION for Extension of Time to File Case Management Report by David Kelley. (Kuehnel, Sarah) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 30 NOTICE to the Courts to take judicial notice regarding #23 Amended MOTION to Remand to State Court AMENDED AND CORRECTED by Independent Service Provider, LLC. (Cooper, Kenneth) |
| Filing 29 MOTION to Stay Pending A Ruling From the Judicial Panel of Multidistrict Litigation and Memorandum in Support by David Kelley. (Attachments: #1 Exhibit 1)(Kuehnel, Sarah) |
| Filing 28 RESPONSE in Opposition re #24 MOTION to Stay re #16 MOTION to Dismiss for Failure to State a Claim , #23 Amended MOTION to Remand to State Court AMENDED AND CORRECTED filed by David Kelley. (Kuehnel, Sarah) |
| Filing 27 RESPONSE in Opposition re #23 Amended MOTION to Remand to State Court AMENDED AND CORRECTED filed by David Kelley. (Kuehnel, Sarah) |
| Filing 26 NOTICE by David Kelley of Filing of Motion to Transfer Pursuant to 28 U.S.C. 1407 (Attachments: #1 Exhibit A:)(Hartzell, Maja) |
| Filing 25 NOTICE to the Courts to take judicial notice regarding #24 MOTION to Stay re #16 MOTION to Dismiss for Failure to State a Claim , #23 Amended MOTION to Remand to State Court AMENDED AND CORRECTED , #23 Amended MOTION to Remand to State Court AMENDED AND CORRECTED by Independent Service Provider, LLC. (Attachments: #1 Exhibit JUDGE BYRON'S ORDER REMANDING)(Cooper, Kenneth) |
| Filing 24 MOTION to Stay re #16 MOTION to Dismiss for Failure to State a Claim , #23 Amended MOTION to Remand to State Court AMENDED AND CORRECTED by Independent Service Provider, LLC. (Cooper, Kenneth) |
| Filing 23 Amended MOTION to Remand to State Court AMENDED AND CORRECTED by Independent Service Provider, LLC. (Cooper, Kenneth) |
| Filing 22 NOTICE of a related action AMENDED AND CORRECTED per Local Rule 1.07(c) by Independent Service Provider, LLC. Related case(s): Yes (Attachments: #1 Exhibit List of Related Parties)(Cooper, Kenneth) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re 8 Notice to Counsel of Local Rule,,,,,,, AMENDED AND CORRECTED by Independent Service Provider, LLC. (Cooper, Kenneth) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re 8 Notice to Counsel of Local Rule,,,,,,, by Independent Service Provider, LLC. (Cooper, Kenneth) |
| Filing 19 NOTICE of a related action per Local Rule 1.07(c) by Independent Service Provider, LLC. Related case(s): Yes (Attachments: #1 Exhibit List of Related Parties)(Cooper, Kenneth) |
| Filing 18 MOTION to Remand to State Court by Independent Service Provider, LLC. (Cooper, Kenneth) |
| Filing 17 NOTICE of Appearance by Kenneth Donald Cooper on behalf of Independent Service Provider, LLC (Cooper, Kenneth) |
| Filing 16 MOTION to Dismiss for Failure to State a Claim by David Kelley. (Kuehnel, Sarah) |
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Filing 15
ENDORSED ORDER granting #12 Motion for Extension of Time to File Response as to #1 Notice of Removal Defendant shall have until 4/30/2021 to file a responsive pleading. Signed by Magistrate Judge Anthony E. Porcelli on 4/9/2021. (TAM)
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| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by David Kelley. Related case(s): Yes (Attachments: #1 Exhibit A)(Kuehnel, Sarah) |
| Filing 13 CORPORATE Disclosure Statement by David Kelley. (Kuehnel, Sarah) |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by David Kelley. (Kuehnel, Sarah) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 11 NOTICE of Appearance by Karen Elizabeth Smeda on behalf of David Kelley (Smeda, Karen) |
| Filing 10 NOTICE of Appearance by Maja Agnieszka Hartzell on behalf of David Kelley (Hartzell, Maja) |
| Filing 9 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). (BGS) |
| Filing 8 NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 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). (BGS) |
| Filing 7 *** Entered in error. *** (JLD) Modified on 3/29/2021 (JLD). |
| Filing 6 NOTICE to counsel William J. DiPetrillo of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system. (Signed by Deputy Clerk) (JLD) |
| Filing 5 NOTICE to counsel William J. DiPetrillo of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov. (Signed by Deputy Clerk) (JLD) |
| Filing 4 Case Reassigned to Judge Charlene Edwards Honeywell. New case number: 8:21-cv-748-CEH-AEP. Judge Susan C. Bucklew no longer assigned to the case. (JNB) |
| Filing 3 NOTICE REGARDING CASE MANAGEMENT DEADLINES (CAB) |
| Filing 2 NEW CASE ASSIGNED to Judge Susan C. Bucklew and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-0748-SCB-AEP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Polk County Circuit, case number 21-CA-580 filed in State Court on 2/25/2021. Filing fee $ 402, receipt number 113A-18053815 filed by David Kelley. (Attachments: #1 State Court COMPLAINT Ex A, #2 State Court Docket Sheet Ex A, #3 State Court Other Documents Ex A, #4 State Court Other Documents Ex B, #5 Civil Cover Sheet)(Smeda, Karen) Modified on 3/29/2021 (JLD). |
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| Defendant: David Kelley | |
| Represented By: | Karen Elizabeth Smeda |
| Represented By: | Maja Agnieszka Hartzell |
| Represented By: | Sarah J. Kuehnel |
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| Plaintiff: Independent Service Provider, LLC | |
| Represented By: | William J. DiPetrillo |
| Represented By: | Kenneth Donald Cooper |
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