Ferrugia v. Walker et al
| Victorianne Ferrugia |
| James Walker and Mansfield Energy Corp. |
| 8:2021cv02183 |
| September 14, 2021 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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Filing 13
ENDORSED ORDER: Plaintiff has filed a #12 Notice of Voluntary Dismissal. Because no defendant has filed an answer or motion for summary judgment, this notice is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(i); Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990) ("The dismissal [under Rule 41(a)(1)(A)(i)] is effective immediately upon the filing of a written notice of dismissal, and no subsequent court order is required."). The Clerk is directed to terminate any deadlines and pending motions and to close this case. Signed by Judge Kathryn Kimball Mizelle on 10/14/2021. (SMR)
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| Filing 12 NOTICE of voluntary dismissal by Victorianne Ferrugia. (Cummings, Megan) Modified text on 10/14/2021 (JLD). |
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Filing 11
ENDORSED ORDER: The Court grants #8 Plaintiff's Unopposed Motion to Set Aside Judgment and Extend Time to File Amended Complaint. Plaintiff is relieved from #7 judgment in favor of Defendants. The Clerk is directed to VACATE #7 the previous judgment in favor of Defendants. Plaintiff is directed to file an amended complaint sufficiently alleging subject matter jurisdiction no later than October 13, 2021. Parties are directed to file a Case Management Report within 40 days after any defendant appears. Signed by Judge Kathryn Kimball Mizelle on 10/12/2021. (SMR)
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| Filing 10 RESPONSE to Motion re #8 MOTION to Set Aside Judgment MOTION for Extension of Time to Amend Complaint filed by Mansfield Energy Corp. (Deshmukh, Viraj) Modified text on 10/12/2021 (JLD). |
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Filing 9
ENDORSED ORDER: Defendant is directed to respond to #8 Plaintiff's Motion for Relief from Judgment, if at all, by October 11, 2021. Signed by Judge Kathryn Kimball Mizelle on 10/6/2021. (SMR)
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| Filing 8 MOTION to Set Aside Judgment and for Extension of Time to File Amended Complaint by Victorianne Ferrugia. (Cummings, Megan) Added MOTION for Extension of Time to Amend Complaint on 10/6/2021 (JLD). Added motion event and notified counsel on 10/6/2021 (JLD). |
| Filing 7 ***VACTED per 11 Endorsed Order.*** JUDGMENT in favor of Mansfield Energy Corp., James Walker against Victorianne Ferrugia. Signed by Deputy Clerk on 10/5/2021. (JLD) Modified text on 10/12/2021 (JLD). |
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Filing 6
ENDORSED ORDER: The Court previously dismissed the Plaintiff's complaint without prejudice for failure to sufficiently allege subject matter jurisdiction under 28 U.S.C. 1332. (Doc. 4.) The Plaintiff was directed to file an amended complaint by October 4, 2021. Because the time to refile has expired and the Plaintiff has not sought an extension or filed an amended motion, the previous order dismissing the complaint without prejudice has become a final judgment and the Court has no jurisdiction over any prejudgment motions. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719 (11th Cir. 2020). The Clerk is directed to CLOSE the case, enter judgment for the Defendant, and dismiss the action. Signed by Judge Kathryn Kimball Mizelle on 10/5/2021. (SMR)
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Filing 5
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet and file a Case Management Report within forty days after any defendant appears. Signed by Judge Kathryn Kimball Mizelle on 9/24/2021. (SMR)
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Filing 4
ENDORSED ORDER dismissing #1 Plaintiff's Complaint without prejudice for failure to sufficiently allege subject matter jurisdiction under 28 U.S.C. 1332. Plaintiff alleges that the Plaintiff was a resident of Florida and that Defendant Walker was a resident of Georgia. (Doc. 1 at 1.) She alleges Defendant Mansfield Energy Corp. was "doing business in the State of Florida, transport[ing] goods throughout the State of Florida, and has business offices for the transaction of its customary business in Florida," and that it "was a for-profit corporation licensed under the laws of the State of Florida." (Id. at 2.) But 1332 requires "the citizenship of each plaintiff [to be] diverse from the citizenship of each defendant." Caterpillar Inc. v. Lewis, 519 U.S. 61, 68 (1996). Plaintiff's allegations that Defendant Mansfield Energy Corp. did business in the state of Florida, had an office in the state of Florida, and was licensed under the state of Florida only permit the Court to infer that Defendant Mansfield Energy Corp. was a resident of Florida. Such an inference defeats complete diversity and prevents this Court from having subject matter jurisdiction. Plaintiff is directed to file an amended complaint plausibly alleging a basis of subject matter jurisdiction no later than October 4, 2021. Signed by Judge Kathryn Kimball Mizelle on 9/24/2021. (SMR)
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| Filing 3 SUMMONS issued as to Mansfield Energy Corp., James Walker. (CRK) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-2183-KKM-AAS. (SJB) |
| Filing 1 COMPLAINT against Mansfield Energy Corp., James Walker with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18700231) filed by Victorianne Ferrugia. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Cummings, Megan) |
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