Garafalo v. Williamson
| KIOMI A GARAFALO and Kiomie A. Garfalo |
| NEIL WILLIAMSON and Neil Wiliamson |
| Robert Santos |
| 8:2021cv01832 |
| July 30, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.
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Filing 13
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/31/2021. (TWL)
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Filing 12
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #11), 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 8/31/2021. (TWL)
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Filing 11
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 9/22/2022 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington Jury Trial set for the October 2022 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 4/13/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 8/30/2021. (TWL)
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| Filing 10 CASE MANAGEMENT REPORT. (Arline, Kathy) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Kiomie A. Garfalo. (Rosenbaum, David) |
| REFUND for duplicate payment. Receipt number AFLMDC-18536744 refunded in the amount of $402.00 paid to Sean McDonough.. (JSR) |
| Filing 8 NOTICE of Appearance by David Michael Rosenbaum on behalf of Kiomie A. Garfalo. (Rosenbaum, David) |
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Filing 7
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by August 26, 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 8/12/2021. (AR)
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| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Neil Wiliamson. (Arline, Kathy) |
| Filing 5 ANSWER and affirmative defenses to Complaint with Jury Demand by Neil Wiliamson.(Arline, Kathy) |
| Filing 4 RESPONSE re 3 Order by Neil Wiliamson. (Attachments: #1 Affidavit 1, #2 Exhibit 2)(Arline, Kathy) |
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Filing 3
ENDORSED ORDER: On July 30, 2021, Defendant Neil Williamson removed the case to this Court on the basis of diversity jurisdiction. (Doc. #1 at 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). Williamson argues that damages exceed $75,000 because Plaintiff Kiomie A. Garfalo sent Williamson a pre-suit demand letter seeking one million dollars. (Doc. #1 at 4). But, Williamson provides no factual support for these damages. Therefore, the Court is unable to determine whether the amount in controversy has been met by Garafalo's damages claim without engaging in heavy speculation. Accordingly, Williamson is directed to provide the Court with more information by August 6, 2021, regarding the amount of damages in order to establish that the amount in controversy has been satisfied. Signed by Judge Virginia M. Hernandez Covington on 8/2/2021. (AR)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-1832-VMC-JSS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 10th Judicial Circuit, Polk County, case number 2021CA001365 filed in State Court on 5-10-2021. Filing fee $ 402, receipt number BFLMDC-18536744 filed by Neil Weilliamson. (Attachments: #1 State Court COMPLAINT 1, #2 Exhibit 2, #3 State Court Docket Sheet, #4 Exhibit 3, #5 State Court Other Documents 4, #6 Civil Cover Sheet, #7 Exhibit 5)(Arline, Kathy) |
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