Hizer et al v. Holloway Truck and Trailer Repair LLC et al
| Virginia Hizer and Donald Hizer |
| John Doe, Holloway Truck and Trailer Repair, LLC and Holloway Truck and Offroad Accessories, LLC |
| Gregory Holder |
| 8:2021cv00801 |
| April 2, 2021 |
| US District Court for the Middle District of Florida |
| Susan C Bucklew |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| P.I.: Other |
| 42 U.S.C. § 1396 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 28, 2021. A more recent docket listing may be available from PACER.
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Filing 39
ENDORSED ORDER: Defendants' Motion for a Protective Order and to Stay Discovery (Doc. # #37; #38) is denied. While the Court appreciates Plaintiffs' concerns, the Court has an independent obligation to move its cases forward. Staying discovery while the Court rules on a motion to dismiss does not serve that goal. Thus, the request is denied. Signed by Judge Virginia M. Hernandez Covington on 5/28/2021. (AR)
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| Filing 38 MOTION to Stay Discovery and for Protective Order by Holloway Truck and Offroad Accessories, LLC. (Attachments: #1 Exhibit 1 - SDT to McKnotts, #2 Exhibit 2 - SDT to Merchants, #3 Exhibit 3 - Interrogatories, #4 Exhibit 4 - Request to Produce)(Yount, Scott) |
| Filing 37 MOTION to Stay Discovery and for Protective Order by Holloway Truck and Trailer Repair, LLC. (Attachments: #1 Exhibit 1 - SDT to McKnotts, #2 Exhibit 2 - SDT to Merchants, #3 Exhibit 3 - Interrogatories, #4 Exhibit 4 - Request to Produce)(Yount, Scott) |
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Filing 36
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/27/2021. (TWL)
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Filing 35
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #34), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 5/27/2021. (TWL)
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Filing 34
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 5/12/2022 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington Jury Trial set for the June 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 12/30/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 5/27/2021. (TWL)
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| Filing 33 MOTION to Dismiss for Lack of Jurisdiction by Holloway Truck and Offroad Accessories, LLC. (Attachments: #1 Exhibit - Decl. of Jason Holloway)(Yount, Scott) |
| Filing 32 MOTION to Dismiss for Lack of Jurisdiction and Improper Shotgun Pleading by Holloway Truck and Trailer Repair, LLC. (Attachments: #1 Exhibit 1 - NOR in Case 8:20-cv-01322, #2 Exhibit 2 MTD in Case 8:20-cv-01322, #3 Exhibit 3 - Order of Dismissal in Case 8:20-cv-01322, #4 Exhibit 4 - Holloway Declaration)(Yount, Scott) |
| Filing 31 CERTIFICATE of interested persons and corporate disclosure statement by Donald Hizer. (Karbowski, Kristin) |
| Filing 30 CASE MANAGEMENT REPORT. (Karbowski, Kristin) |
| Filing 29 SUMMONS issued as to Holloway Truck and Offroad Accessories, LLC. (LNR) |
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Filing 28
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 16, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 5/19/2021. (AR)
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| Filing 27 AMENDED COMPLAINT against Holloway Truck and Trailer Repair, LLC and Holloway Truck and Offroad Accessories, LLC with Jury Demand. filed by Donald Hizer and Virginia Hizwer. (Attachments: #1 Proposed Summons)(Karbowski, Kristin) Modified text on 5/20/2021 (LNR). |
| Filing 26 ***TERMINATED; counsel refiled; see doc #27.***AMENDED COMPLAINT against Donald Hizer with Jury Demand. filed by Donald Hizer. (Attachments: #1 Proposed Summons)(Karbowski, Kristin) Modified text on 5/20/2021 (LNR). |
| Filing 25 ***TERMINATED; contacted counsel to refile using correct event.***AMENDED document by Donald Hizer, Virginia Hizer; Amended Complaint. (Attachments: #1 Proposed Summons)(Karbowski, Kristin) Modified text on 5/19/2021 (LNR). |
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Filing 24
ENDORSED ORDER: Because the complaint has been dismissed for lack of subject-matter jurisdiction, with leave to amend, the Motion to Dismiss (Doc. #12), Motion to Transfer Venue (Doc. #14), Motion for Extension of Time to File an Amended Response (Doc. #16), and Motion to Stay Discovery (Doc. #17) are denied as moot. Signed by Judge Virginia M. Hernandez Covington on 5/14/2021. (AR)
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Filing 23
ENDORSED ORDER: The complaint (Doc. #2) is sua sponte dismissed for lack of subject-matter jurisdiction. Plaintiffs Donald Hizer and Virginia Hizer's civil cover sheet indicates that the basis of subject-matter jurisdiction in this Court is diversity jurisdiction. (Doc. # 2-1). However, the complaint does not allege that it meets the requirements of diversity jurisdiction. The Court has diversity jurisdiction only if there is diversity of citizenship and the amount in controversy exceeds $75,000. 28 U.S.C. 1332. Here, the complaint alleges only that "damages... exceed the sum of [thirty thousand dollars]." (Doc. #2 at 1). And, the complaint fails to allege the Defendants' citizenships. Accordingly, the complaint is dismissed without prejudice for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). The Court notes that the complaint also constitutes a shotgun pleading because it "contain[s] multiple counts where each counts adopts the allegations of all preceding counts." Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 131, 1322-23 (11th Cir. 2015). Plaintiffs may file an amended complaint by May 21, 2021. Signed by Judge Virginia M. Hernandez Covington on 5/14/2021. (AR)
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| Filing 22 Case Reassigned to Judge Virginia M. Hernandez Covington. New case number: 8:21-cv-801-VMC-AEP. Judge Susan C. Bucklew no longer assigned to the case. (AG) |
| Filing 21 REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction and LR 3.01 Certificate filed by Holloway Truck and Trailer Repair LLC. (Yount, Scott) |
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Filing 20
ORDER reassigning this case to the Honorable Virginia M. Covington, with her consent, for all further proceedings, pursuant to Local Rule 1.07(a)(2)(A). Signed by Judge Susan C. Bucklew on 5/12/2021. (DMB) (DB).
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Filing 19
ENDORSED ORDER granting #18 the Unopposed MOTION for Leave to File Other Reply in Support of Motion to Dismiss by Holloway Truck and Trailer Repair LLC. Defendant is permitted to file a reply of no more than 7 pages in length on or before May 18, 2021.. Signed by Judge Susan C. Bucklew on 5/11/2021. (DMB)
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| Filing 18 Unopposed MOTION for Leave to File Other Document :Reply Memorandum in Support of Motion to Dismiss by Holloway Truck and Trailer Repair LLC. (Yount, Scott) |
| Filing 17 MOTION to Stay Discovery by Holloway Truck and Trailer Repair LLC. (Yount, Scott) |
| Filing 16 MOTION for Extension of Time to File Response/Reply by Donald Hizer. (Karbowski, Kristin) |
| Filing 15 RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction and LR 3.01 Certificate filed by Donald Hizer, Virginia Hizer. (Attachments: #1 Exhibit Affidavit)(Karbowski, Kristin) |
| Filing 14 MOTION to Change Venue / Transfer Case Per LR 1.07 to Judge Covington by Holloway Truck and Trailer Repair LLC. (Yount, Scott) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Donald Hizer, Virginia Hizer. (Karbowski, Kristin) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction and LR 3.01 Certificate by Holloway Truck and Trailer Repair LLC. (Attachments: #1 Exhibit 1 - NOR in Case 8:20-cv-01322, #2 Exhibit 2 MTD in Case 8:20-cv-01322, #3 Exhibit 3 - Holloway Decl., #4 Exhibit 4 - Order Dismissing Case 8:20-cv-01322)(Yount, Scott) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Holloway Truck and Trailer Repair LLC. Related case(s): Yes (Duncan, George) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Holloway Truck and Trailer Repair LLC. (Duncan, George) |
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Filing 9
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #8 the Motion to Dismiss for Lack of Jurisdiction. Defendant must provide the Court with a certification that it has conferred with the opposing party in a good faith effort to resolve this motion. Signed by Judge Susan C. Bucklew on 4/23/2021. (DMB)
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| Filing 8 MOTION to Dismiss for Lack of Jurisdiction by Holloway Truck and Trailer Repair LLC. (Attachments: #1 Exhibit 1 - NOR in Case 8:20-cv-01322, #2 Exhibit 2 MTD in Case 8:20-cv-01322, #3 Exhibit 3 - Holloway Decl., #4 Exhibit 4 - Order Dismissing Case 8:20-cv-01322)(Yount, Scott) |
| Filing 7 SUMMONS issued as to Holloway Truck and Trailer Repair LLC. (JLD) |
| Filing 6 NOTICE REGARDING CASE MANAGEMENT DEADLINES (CAB) |
| Filing 5 NEW CASE ASSIGNED to Judge Susan C. Bucklew and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-0801-SCB-AEP. (SJB) |
| Filing 4 AFFIDAVIT of Donald Hizer re: #2 Complaint, #3 Proposed summons by Donald Hizer. (Karbowski, Kristin) |
| Filing 3 PROPOSED summons to be issued by Donald Hizer, Virginia Hizer. (Karbowski, Kristin) |
| Filing 2 COMPLAINT against All Defendants with Jury Demand filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Karbowski, Kristin) |
| Filing 1 *** Terminated; Incomplete Entries; Counsel Refiled at Doc. 2 ***COMPLAINT against All Plaintiffs with Jury Demand (Filing fee $ 402 receipt number 113A-18077138) filed by All Plaintiffs.(Karbowski, Kristin) Modified on 4/5/2021 (JLD). |
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