Marcus v. Titan America, LLC
| McKinley Marcus |
| Titan America, LLC and Titan Florida, LLC |
| Carlos Burreuzo |
| 8:2022cv01135 |
| May 16, 2022 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Amanda Arnold Sansone |
| Civil Rights: Other |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 20, 2024. A more recent docket listing may be available from PACER.
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Filing 85
REPLY to Response to Motion re #76 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Titan Florida, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Soscia, Ryan)
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Filing 84
REPLY to Response to Motion re #78 MOTION for Summary Judgment and Supporting Memorandum of Law filed by Titan America, LLC. (Soscia, Ryan)
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Filing 83
ENDORSED ORDER granting #82 Defendants' unopposed Motion for Extension of Time to File Replies. Replies due by 9/19/2023. Signed by Judge William F. Jung on 8/30/2023. (CCB)
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Filing 82
Unopposed MOTION for Extension of Time to File Reply as to #81 Response in Opposition to Motion, #80 Response in Opposition to Motion by Titan America, LLC, Titan Florida, LLC. (Soscia, Ryan) (Modified on 8/29/2023, to edit text) (BGR).
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Filing 81
RESPONSE in Opposition re #78 MOTION for Summary Judgment and Supporting Memorandum of Law filed by McKinley Marcus. (Attachments: #1 Affidavit of McKinley Marcus, #2 Exhibit Letter from City of Tampa Human Rights Investigator in Figgs Case)(Ham, David) Modified on 8/23/2023 to remove duplicative text. (LDJ).
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Filing 80
RESPONSE in Opposition re #76 MOTION for Summary Judgment and Supporting Memorandum of Law Opposing Titan Florida's Motion for Summary Judgment filed by McKinley Marcus. (Ham, David)
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Filing 79
NOTICE of Filing Transcript and Declarations in Support of Defendant's Motion for Summary Judgment and Incorporated Memorandum of Law by Titan America, LLC re #78 MOTION for Summary Judgment and Supporting Memorandum of Law (Attachments: #1 Supplement Plaintiff Marcus' Depo Transcript - Part 1, #2 Supplement Plaintiff Marcus' Depo Transcript - Part 2, #3 Affidavit Corp Rep Humbarger Declaration, #4 Affidavit Corp Rep Jennifer Rafferty Declaration)(Prather, Laura) (Modified on 8/2/2023 to edit docket text) (JDR).
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Filing 78
MOTION for Summary Judgment and Supporting Memorandum of Law by Titan America, LLC. (Prather, Laura)
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Filing 77
NOTICE of Filing Transcripts and Declaration in Support of Defendant's Motion for Summary Judgment and Incorporated Memorandum of Law by Titan Florida, LLC re #76 MOTION for Summary Judgment (Attachments: #1 Supplement Plaintiff Marcus' Depo Transcript - Part 1, #2 Supplement Plaintiff Marcus' Depo Transcript - Part 2, #3 Supplement Corp Rep Humbarger Depo Transcript, #4 Affidavit Corp Rep Humbarger Declaration, #5 Affidavit Corp Rep Humbarger Declaration - Comp. Exh. A)(Prather, Laura) (Modified on 8/2/2023 to edit docket text) (JDR).
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Filing 76
MOTION for Summary Judgment and Supporting Memorandum of Law by Titan Florida, LLC. (Prather, Laura) (Modified on 8/2/2023 to edit docket text) (JDR).
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Filing 75
ENDORSED ORDER adopting #71 consented Motion to Remand Count I to State Court. Count I is remanded to state court by stipulation. Signed by Judge William F. Jung on 7/14/2023. (Jung, William)
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Filing 74
MEDIATION report Hearing held on July 5, 2023. Hearing outcome: Impasse. (Burruezo, Carlos)
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Filing 73
STIPULATION re #71 First MOTION to Remand to State Court Counts I and IX for Retaliatory Discharge by Titan America, LLC. (Prather, Laura)
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Filing 72
OBJECTION re #71 First MOTION to Remand to State Court Counts I and IX for Retaliatory Discharge filed by Titan Florida LLC. (Prather, Laura) Modified text on 7/6/2023 (JK).
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Filing 71
First MOTION to Remand to State Court Counts I and IX for Retaliatory Discharge by McKinley Marcus. (Ham, David)
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Filing 70
NOTICE of Appearance by David Lee Ham, Jr on behalf of McKinley Marcus (Ham, David)
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Filing 69
ENDORSED ORDER granting #68 Motion to Conduct Mediation via Video Conference. The limited availability of both the mediator and one of the parties, when coupled with the upcoming deadline, warrant participation in this manner. Signed by Judge William F. Jung on 6/22/2023. (CCB)
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Filing 68
MOTION for Laura E. Prather to appear telephonically (video conference) by Titan America, LLC, Titan Florida, LLC. (Soscia, Ryan)
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Filing 67
ENDORSED ORDER: The #66 Notice of setting mediation for July 5, 2023 indicates that the conference will be held via Zoom. The Court does not allow mediation by telephone or video conference. See Order at docket #46. Counsel are directed to file a motion setting forth good cause to conduct the mediation via Video Conference. Signed by Judge William F. Jung on 6/16/2023. (CCB)
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Filing 66
NOTICE of mediation conference/hearing to be held on July 5, 2023 before Carlos Burruezo. (Soscia, Ryan)
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Filing 65
ENDORSED ORDER correcting dispositive motions deadline. Dispositive motions are due by August 1, 2023. Signed by Magistrate Judge Amanda Arnold Sansone on 5/18/2023. (BEE)
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Filing 64
ORDER granting in part and denying in part #54, #55 Motion to Withdraw as Counsel. Dispositive motions are now due by July 7, 2023. All other case management and scheduling order deadlines remain in effect. Signed by Magistrate Judge Amanda Arnold Sansone on 5/17/2023. (BEE)
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Filing 63
NOTICE of compliance re 51 Order on Motion to Compel, by McKinley Marcus. (Costa, Jorge)
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Filing 62
RESPONSE in Opposition re #48 MOTION for Anthony M. Georges-Pierre to Withdraw as Attorney, #49 MOTION for Jorge L. Costa to Withdraw as Attorney filed by Titan America, LLC, Titan Florida, LLC. (Soscia, Ryan)
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Filing 61
ORDER taking under advisement #54 Motion to Withdraw as Attorney; taking under advisement #55 Motion to Withdraw as Attorney; denying #60 Motion to Strike. Signed by Magistrate Judge Amanda Arnold Sansone on 5/4/2023. (BEE)
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Filing 60
MOTION to Strike by McKinley Marcus. (Attachments: #1 Exhibit)(Costa, Jorge)
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Filing 59
NOTICE by Titan America, LLC, Titan Florida, LLC re #54 Amended MOTION for Anthony M. Georges-Pierre to Withdraw as Attorney , #55 Amended MOTION for Jorge L. Costa to Withdraw as Attorney Objection (Prather, Laura)
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Filing 58
NOTICE by McKinley Marcus (Costa, Jorge)
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Filing 57
ENDORSED ORDER granting #56 Motion for extension of mediation date (to be set). Signed by Judge William F. Jung on 5/3/2023. (Jung, William)
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Filing 56
MOTION for Miscellaneous Relief, specifically reschedule mediation until plaintiff complies with discovery order by All Defendants. (Soscia, Ryan)
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Filing 55
Amended MOTION for Jorge L. Costa to Withdraw as Attorney by McKinley Marcus. (Costa, Jorge) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 54
Amended MOTION for Anthony M. Georges-Pierre to Withdraw as Attorney by McKinley Marcus. (Georges-Pierre, Anthony) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 53
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 2.02(c) #49 Motion to Withdraw as Attorney. Signed by Judge William F. Jung on 4/17/2023. (Jung, William)
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Filing 52
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 2.02(c) #48 Motion to Withdraw as Attorney. Signed by Judge William F. Jung on 4/17/2023. (Jung, William)
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Filing 51
ENDORSED ORDER granting #41 Motion to Compel discovery. The Court previously granted Plaintiff's motion to extend discovery 60 days (over an objection from Defendant). Apparently that extension accomplished little to nothing insofar as Plaintiff fulfilling his duties to produce appropriate discovery. On April 3, in light of the motion to compel, Plaintiff asked for ten more days to complete appropriate discovery, but those days came and went with no progress. The Motion to Compel is granted. Full discovery by Plaintiff must be provided within 30 days. The Court is not inclined to extend this matter further and Plaintiff's failure to comply will result in sanctions to include dismissal. Plaintiff must provide and certify that he has fully complied with discovery within 30 days from today by filing proof of same on this docket, or the Court will dismiss this case 31 days from today. Signed by Judge William F. Jung on 4/17/2023. (Jung, William)
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Filing 50
STATUS report regarding Defendant's Motion to Compel Plaintiff's Responses to Defendant's First Request for Production and First Set of Interrogatories by Titan Florida, LLC, Titan America, LLC. (Soscia, Ryan)
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Filing 49
MOTION for Jorge L. Costa to Withdraw as Attorney by McKinley Marcus. (Costa, Jorge) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 48
MOTION for Anthony M. Georges-Pierre to Withdraw as Attorney by McKinley Marcus. (Georges-Pierre, Anthony) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 47
ENDORSED ORDER: The Court understands from Plaintiff's response to the motion to compel that this discovery matter may resolve itself. The parties should inform the Court via a short filing on this point no later than April 17, 2023. Signed by Judge William F. Jung on 4/12/2023. (Jung, William)
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Filing 46
ORDER scheduling mediation before court-appointed mediator in this case --- Carlos J. Burruezo. Mediation Conference set for 5/8/2023 at 10:00 AM. Signed by Judge William F. Jung on 4/5/2023. (CCB)
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Filing 45
NOTICE of mediation conference/hearing to be held on May 8, 2023 at 10:00 a.m. before Carlos Burruezo.(Costa, Jorge)
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Filing 44
RESPONSE to Motion re #41 MOTION to Compel Plaintiff's Responses to Defendant's First Set of Interrogatories and RFP filed by McKinley Marcus. (Costa, Jorge)
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Filing 43
NOTICE by McKinley Marcus Notice of Change of E-Mail Address (Costa, Jorge)
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Filing 42
NOTICE by McKinley Marcus Notice of Change of E-Mail Address (Georges-Pierre, Anthony)
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Filing 41
MOTION to Compel Plaintiff's Responses to Defendant's First Set of Interrogatories and RFP by Titan America, LLC. (Attachments: #1 Exhibit Def. discovery requests, #2 Exhibit Ptf discovery responses, #3 Exhibit email)(Soscia, Ryan)
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Filing 40
ENDORSED ORDER granting in part and denying in part #37 Motion for Extension of Time to Complete Discovery. All case deadlines and case dates are extended sixty days. The parties should confer on this and submit an agreed calendar by filing this on the docket for future reference. Signed by Judge William F. Jung on 2/17/2023. (Jung, William) Modified on 2/17/2023 (Jung, William).
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Filing 39
RESPONSE in Opposition re #37 MOTION for Extension of Time to Complete Discovery filed by Titan America, LLC, Titan Florida, LLC. (Attachments: #1 Exhibit A)(Prather, Laura)
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Filing 38
ENDORSED ORDER: Any objection to the motion for extension of time should be filed no later than 2/16/23. Signed by Judge William F. Jung on 2/13/2023. (Jung, William)
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Filing 37
MOTION for Extension of Time to Complete Discovery by McKinley Marcus. (Costa, Jorge)
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Filing 36
ENDORSED ORDER granting #35 Motion to Withdraw as Counsel. Attorney Max Lloyd Horowitz terminated. Signed by Magistrate Judge Amanda Arnold Sansone on 11/14/2022. (BEE)
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Filing 35
Unopposed MOTION for Max L. Horowitz, Esq. to Withdraw as Attorney by McKinley Marcus. (Horowitz, Max) Motions referred to Magistrate Judge Amanda Arnold Sansone.
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Filing 34
ANSWER and affirmative defenses to #29 Amended Complaint by Titan Florida, LLC.(Prather, Laura)
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Filing 33
ANSWER and affirmative defenses to #29 Amended Complaint by Titan America, LLC.(Prather, Laura)
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Filing 32
ENDORSED ORDER granting #31 Motion for Extension of Time to Answer. Titan America, LLC's answer or response due 10/7/2022. Signed by Judge William F. Jung on 9/30/2022. (CCB)
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Filing 31
Unopposed MOTION for Extension of Time to File Answer as to #29 Amended Complaint by Titan America, LLC. (Soscia, Ryan) Modified text on 9/30/2022 (LNR).
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Filing 30
NOTICE by McKinley Marcus Notice of Change of Address and Law Firm Name (Georges-Pierre, Anthony)
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Filing 29
AMENDED COMPLAINT against All Defendants with Jury Demand. Filed by McKinley Marcus.(Costa, Jorge)
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Filing 28
ENDORSED ORDER granting #27 Motion to Amend. Plaintiff must file the Second Amended Complaint as a standalone entry on the docket. Once filed, the Clerk is directed to update the case data information as to the added Defendant. Signed by Judge William F. Jung on 9/16/2022. (CCB)
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Filing 27
Unopposed MOTION to Amend #20 Amended Complaint by McKinley Marcus. (Attachments: #1 Exhibit Plaintiff's Second Amended Complaint)(Costa, Jorge)
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Filing 26
ANSWER and affirmative defenses to #20 Amended Complaint by Titan America, LLC.(Prather, Laura)
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Filing 25
ENDORSED ORDER granting #24 Motion for Extension of Time to File Response to complaint. Response due by 7/18/2022. Signed by Judge William F. Jung on 7/11/2022. (CCB)
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Filing 24
Unopposed MOTION for Extension of Time to File Response/Reply as to #20 Amended Complaint by Titan America, LLC. (Soscia, Ryan)
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Filing 23
ENDORSED ORDER denying as moot #18 Motion to Dismiss complaint, in view of the filing of an amended complaint. Signed by Judge William F. Jung on 6/28/2022. (CCB)
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Filing 22
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 6/1/2023. Pretrial statement due by 10/5/2023. Final Pretrial Conference set for 10/12/2023 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Jury Trial set for 11/6/2023 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Conduct mediation hearing by 6/1/2023. Lead counsel to coordinate dates. Signed by Judge William F. Jung on 6/28/2022. (CAH)
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Filing 21
CASE MANAGEMENT REPORT. (Horowitz, Max)
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Filing 20
AMENDED COMPLAINT against Titan America, LLC with Jury Demand. Filed by McKinley Marcus.(Costa, Jorge)
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Filing 19
CERTIFICATE of interested persons and corporate disclosure statement re 5 Notice to Counsel of Local Rule, by Titan America, LLC identifying Corporate Parent Columbus Properties BV, Corporate Parent Titan Cement Company S.A., Corporate Parent Titan Cement International S.A., Other Affiliate Titan Atlantic Cement Industrial and Commercial S.A. for Titan America, LLC. (Prather, Laura)
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Filing 18
MOTION to Dismiss Plaintiff's Complaint, or in the Alternative, for a More Definitive Statement by Titan America, LLC. (Attachments: #1 Exhibit A)(Prather, Laura)
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Filing 17
ORDER appointing Carlos J. Burruezo as mediator in this action. Signed by Judge William F. Jung on 6/2/2022. (CCB)
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Filing 16
NOTICE OF SELECTION of Carlos Burruezo as mediator by McKinley Marcus.(Georges-Pierre, Anthony)
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Filing 15
ENDORSED ORDER discharging 9 order to show cause. Signed by Magistrate Judge Amanda Arnold Sansone on 5/26/2022. (BEE)
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Filing 14
ENDORSED ORDER granting #13 Motion for Extension of Time to File Response to complaint. Response due by 6/6/2022. Signed by Judge William F. Jung on 5/23/2022. (CCB)
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Filing 13
Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by Titan America, LLC. (Prather, Laura)
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Filing 12
NOTICE of Appearance by Ryan Soscia on behalf of Titan America, LLC. (Soscia, Ryan)
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Filing 11
NOTICE of Lead Counsel Designation by Anthony M. Georges-Pierre on behalf of McKinley Marcus. Lead Counsel: Anthony M. Georges-Pierre, Esq. (Georges-Pierre, Anthony)
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Filing 10
RESPONSE TO ORDER TO SHOW CAUSE re 9 Order to show cause filed by Titan America, LLC. (Attachments: #1 Exhibit 1)(Soscia, Ryan)
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Filing 9
ENDORSED ORDER to show cause why Attorney Ryan Soscia failed to pay the admission fee to practice in the Middle District of Florida. Show cause response or admission fee due by 5/25/2022. Signed by Magistrate Judge Amanda Arnold Sansone on 5/18/2022. (BEE)
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Filing 8
CERTIFICATE of interested persons and corporate disclosure statement re 5 Notice to Counsel of Local Rule by McKinley Marcus. (Horowitz, Max)
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Filing 7
NOTICE of a related action per Local Rule 1.07(c) by McKinley Marcus. Related case(s): Yes (Horowitz, Max)
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Filing 6
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). (CAH)
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Filing 5
NOTICE 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 or elsewhere. -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). (CAH)
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Filing 4
NOTICE to counsel Ryan Soscia 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/for-lawyers. (Signed by Deputy Clerk). (BD)
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Filing 3
NOTICE to Plaintiff's Counsels of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD)
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Filing 2
NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Amanda Arnold Sansone. New case number: 8:22-cv-1135-WFJ-AAS. (SJB)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from 13th Judicial Circuit in & for Hillsborough County, case number 2022-CA-002174 filed in State Court on 03/15/2022. Filing fee $402, receipt number AFLMDC-19575383 filed by Titan America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 State Court Complaint, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet)(Prather, Laura) Modified on 5/17/2022 to correct docket text (BD).
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