Doe v. Willis et al
| Jane Doe |
| Swift Transportation Services, Mr. Murray Willis, Swift Transportation Services, LLC, Swift Services Holding, Inc and Swift Transportation Co. of Arizona, LLC |
| Gregory P. Holder and F. Dennis Alvarez |
| 8:2021cv01576 |
| June 30, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 34
ENDORSED ORDER: The Court is aware that the parties have requested an August 17, 2022, mediation to be held via Zoom videoconference. (Doc. #32). Given the availability of vaccinations, in-person mediations can be safely conducted with proper precautions in place, such as social distancing and the wearing of masks. The Court firmly believes that in-person mediations are more productive than video mediations, and finds in-person mediation appropriate absent truly exigent circumstances, such as serious health concerns. Thus, the request to mediate remotely is denied at this time. If the parties have such health concerns or issues, they may file supporting documentation in camera in a motion closer to the mediation date. If the Court then permits the mediation to be conducted remotely due to such health issues, the Court will reserve the right to order another round of in person mediation if the mediation is not successful. Signed by Judge Virginia M. Hernandez Covington on 12/8/2021. (SGM)
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Filing 33
ORDER appointing F. Dennis Alvarez as mediator in this action. The mediation conference is scheduled for August 17, 2022, at 9:30 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 12/8/2021. (SGM)
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Filing 32
AMENDED NOTICE of mediation conference/hearing to be held on 08/17/22 @ 9:30am before F. Dennis Alvarez. (Levin, Mark)
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Filing 31
NOTICE of mediation conference/hearing to be held on 08/17/22 @ 9:30am before F. Dennis Alvarez. (Levin, Mark)
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Filing 30
ENDORSED ORDER: Pursuant to the Court's Case Management and Scheduling Order (Doc. #26), Lead Counsel was directed to file a notice of mediation "advising of the date and time of the mediation conference." That notice was due within 21 days, or by December 1, 2021. Although the parties have noted their chosen mediator (Doc. #29), they have not noted the date or time of the mediation conference. Accordingly, Lead Counsel is directed to file an updated notice of mediation by December 7, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/2/2021. (SGM)
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Filing 29
NOTICE OF SELECTION of F. Dennis Alvarez as mediator by Swift Transportation Co. of Arizona, LLC. (Dunlap, Nicole)
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Filing 28
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/10/2021. (TWL)
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Filing 27
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #26), 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 11/10/2021. (TWL)
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Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 1/19/2023 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the February 2023 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 8/22/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/10/2021. (TWL)
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Filing 25
***STRICKEN; DISCOVERY PURSUANT TO RULE 26.***CERTIFICATE of interested persons and corporate disclosure statement by Jane Doe. (Levin, Mark) Modified text and image on 11/10/2021 (LNR). (LNR).
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Filing 24
CERTIFICATE of interested persons and corporate disclosure statement by Jane Doe. (Levin, Mark)
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Filing 23
NOTICE of a related action per Local Rule 1.07(c) by Swift Transportation Co. of Arizona, LLC. Related case(s): No (Dunlap, Nicole)
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Filing 22
CERTIFICATE of interested persons and corporate disclosure statement by Swift Transportation Co. of Arizona, LLC identifying Corporate Parent Knight-Swift Transportation Holdings, Inc. for Swift Transportation Co. of Arizona, LLC. (Dunlap, Nicole)
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Filing 21
CASE MANAGEMENT REPORT. (Dunlap, Nicole)
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Filing 20
ANSWER and affirmative defenses to #15 Third Amended Complaint by Swift Transportation Co. of Arizona, LLC.(Dunlap, Nicole)
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Filing 19
NOTICE by Jane Doe Plaintiff's Notice of Filing of Waiver of Summons (Attachments: #1 Exhibit)(Hancock, Michael)
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Filing 18
ENDORSED ORDER: Plaintiff has attached to her Third Amended Complaint a document indicating that Defendant Swift Transportation Co. of Arizona, LLC, has waived service of process in this matter. (Doc. # 15, Exh. 1). To ensure a clean docket, Plaintiff is directed to file this waiver as a separate docket entry by September 2, 2021. In addition, counsel are directed to meet and confer, in person or by telephone, and by November 8, 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 8/30/2021. (SGM)
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Filing 17
ORDER: Plaintiff Jane Doe's Unopposed Motion for Voluntary Dismissal (Doc. #16) is GRANTED. Swift Transportation Co., LLC, Swift Transportation Services, LLC, Knight-Swift Holdings, Inc., and Swift Services Holdings, Inc. are DISMISSED WITHOUT PREJUDICE as named Defendants in this action. The Clerk is directed to terminate the above-named parties as named parties to this action and to add Swift Transportation Co. of Arizona, LLC as a named Defendant. Signed by Judge Virginia M. Hernandez Covington on 8/30/2021. (SGM)
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Filing 16
UNOPPOSED MOTION for Voluntary Dismissal of Defendants Swift Transportation Co, LLC, Swift Transportation Services, LLC and Knight-Swift Holdings, Inc by Jane Doe. (Hancock, Michael) Modified on 8/30/2021 (BES).
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Filing 15
THIRD AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Jane Doe.(Hancock, Michael) Modified on 8/30/2021 (BES).
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Filing 14
ENDORSED ORDER: Upon review of the docket, it has come to the Court's attention that Plaintiff's second amended complaint (Doc. #12) lists three corporate defendants who are not listed in the heading of the operative complaint and, in the same vein, the two corporate defendants listed in the operative complaint's heading are nowhere mentioned in the body of the complaint. Furthermore, the Court notes that summonses have been issued only for the individual defendant, Murray Willis, and Swift Transportation Services, LLC. See (Doc. #5). It is thus unclear to the Court whether Plaintiff is attempting to bring suit against new parties not named in the complaint's heading (and as reflected in the Court's docket sheet) or which parties, indeed, Plaintiff is attempting to litigate against. Plaintiff is directed to file, by September 2, 2021, a third amended complaint that corrects this problem and that also, consistent with the Court's prior orders, sufficiently alleges facts supporting this Court's exercise of diversity jurisdiction. In addition, the Court directs Plaintiff to Federal Rule of Civil Procedure 4, which governs the issuance and service of summonses. Plaintiff is directed to comply with Rule 4 and all other applicable laws and rules and ensure service on all defendants named in the third amended complaint. Signed by Judge Virginia M. Hernandez Covington on 8/19/2021. (SGM)
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Filing 13
ANSWER to #12 Amended Complaint by Murray Willis.(BES) (Additional attachment(s) added on 8/10/2021: #1 Redacted Answer) (BES).
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Filing 12
AMENDED COMPLAINT with Exhibit against All Defendants with Jury Demand. filed by Jane Doe.(Hancock, Michael)
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Filing 11
ENDORSED ORDER granting Plaintiff's #9 Amended Motion for Mark B. Levin to Appear Pro Hac Vice. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration form (available at http://www.flmd.uscourts.gov/special-admission-practice). Signed by Magistrate Judge Christopher P. Tuite on 7/23/2021. (ACL)
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Filing 10
ENDORSED ORDER: In response to the Court's July 7, 2021, Order (Doc. # 6), Plaintiff Jane Doe has filed an amended complaint containing more details on the citizenship of all parties. (Doc. #8). The Court appreciates Ms. Doe's timely compliance with its Order. However, it is still unclear whether the Court may properly exercise diversity jurisdiction over this matter. Ms. Doe alleges that she is a citizen of Texas and Defendant Murray Willis is a citizen of Georgia. (Id. at 1-2). But regarding the citizenship of Defendant Swift Transportation Services, LLC, Ms. Doe only alleges that it "is a Foreign Limited Liability Company authorized to do business in Florida whose corporate headquarters are located in Phoenix, Arizona," and that it is "a subsidiary and owned by Defendant [Swift Services, Holdings, Inc.]," which is a foreign corporation with corporate headquarters in Arizona. (Doc. #8 at 1-2). But as the Court previously explained, in order to invoke diversity jurisdiction over a limited liability company, the plaintiff must plead the citizenship of every member. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004) ("[A] limited liability company is a citizen of any state of which a member of the company is a citizen."). The amended complaint fails to allege that each member of Swift Transportation Services, LLC, is diverse from Ms. Doe, as required for the Court to exercise jurisdiction. See Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990) (rejecting "the contention that to determine, for diversity purposes, the citizenship of an artificial entity, the court may consult the citizenship of less than all of the entity's members," and instead "adher[ing] to [the] oft-repeated rule that diversity jurisdiction in a suit by or against the entity depends on the citizenship of 'all the members'"). Ms. Doe is therefore directed to file, by August 4, 2021, a second amended complaint establishing that diversity jurisdiction is appropriate in this case. Specifically, Ms. Doe is directed to allege the citizenship of all members of Swift Transportation Services, LLC. Should one of Swift Transportation Services, LLC's members be another unincorporated entity, "the citizenship of [that entity] must be traced through however many layers of partners or members there may be" to determine the citizenship of Swift Transportation Services, LLC. Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003). Signed by Judge Virginia M. Hernandez Covington on 7/21/2021. (LEA)
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Filing 9
Amended MOTION for Mark B. Levin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18499083 for $150 by Jane Doe. (Hancock, Michael) Motions referred to Magistrate Judge Christopher P. Tuite.
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Filing 8
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Jane Doe.(Hancock, Michael)
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Filing 7
ENDORSED ORDER denying without prejudice Plaintiff's #2 Motion for Mark B. Levin to Appear Pro Hac Vice. It appears from the motion that counsel has not satisfied the requirements of Local Rule 2.01(c)(4). Signed by Magistrate Judge Christopher P. Tuite on 7/9/2021. (ACL)
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Filing 6
ENDORSED ORDER: Plaintiff Jane Doe filed this action in federal court on June 30, 2021, on the basis of diversity jurisdiction. (Doc. #1). However, from the complaint it is unclear whether the Court may properly exercise diversity jurisdiction over this matter. Ms. Doe alleges that she is a "resident of Harris County, Texas," Defendant Murray Willis is "a resident of DeKalb County, Georgia," and Defendant Swift Transportation Services, LLC, is "a Foreign Limited Liability Company authorized to do business in Florida whose corporate headquarters are located in Phoenix Arizona." (Id. at 1-3). However, 28 U.S.C. 1332(a) grants this Court jurisdiction over disputes between "citizens of different States," not "residents" of 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."). Furthermore, for the Court to invoke diversity jurisdiction over Swift, a limited liability company, the plaintiff must plead the citizenship of every member. See Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1269 (11th Cir. 2013) (explaining that diversity allegations turn on the parties' citizenship); Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004) ("[A] limited liability company is a citizen of any state of which a member of the company is a citizen."). "Citizenship is equivalent to 'domicile' for purposes of diversity jurisdiction [a]nd domicile requires both residence in a state and an intention to remain there indefinitely." Travaglio, 735 F.3d at 1269 (internal citation and quotation marks omitted). Ms. Doe is directed to file, by July 21, 2021, an amended complaint alleging the citizenship of all parties involved, and establishing that diversity jurisdiction is appropriate in this case. Should one of Swift's members be another unincorporated entity, "the citizenship of [that entity] must be traced through however many layers of partners or members there may be" to determine the citizenship of Swift. Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003). Signed by Judge Virginia M. Hernandez Covington on 7/7/2021. (LEA)
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Filing 5
SUMMONS issued as to Swift Transportation Services, Murray Willis. (BES)
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Filing 4
PROPOSED summons to be issued by Jane Doe. (Attachments: #1 Proposed Summons)(Hancock, Michael)
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Filing 3
NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:21-cv-1576-VMC-CPT. (LRB)
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Filing 2
MOTION for Mark B. Levin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18426729 for $150 by Jane Doe. (Hancock, Michael)
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Filing 1
COMPLAINT against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18426673) filed by Jane Doe. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Hancock, Michael)
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