Brandenburg v. Cemex Construction Materials Florida, LLC
| Kevin Brandenburg |
| Cemex Construction Materials Florida, LLC |
| 8:2023cv00975 |
| May 4, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Civil Rights: Americans with Disabilities - Employment |
| Both |
Docket Report
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| Document Text |
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| Filing 23 CASE MANAGEMENT REPORT. (Owens, Brett) |
| Filing 22 ANSWER and affirmative defenses with Jury Demand to #16 Amended Complaint by Cemex Construction Materials Florida, LLC.(Owens, Brett) |
| Filing 21 AMENDED CERTIFICATE of interested persons and corporate disclosure statement by Cemex Construction Materials Florida, LLC. (Owens, Brett) Modified text on 6/16/2023 (JNB). |
| Filing 20 NOTICE of a related action per Local Rule 1.07(c) by Cemex Construction Materials Florida, LLC. Related case(s): No (Owens, Brett) |
Filing 19
ENDORSED ORDER: The Defendant's #18 Corporate Disclosure Statement fails to meet the standards this Court requires to effectively screen cases for potential conflicts. The Court requires parties to disclose "ownership however small of a party's shares or stock," not simply those whose ownership constitutes 10% or more. See (Doc. #4) at 8. The Defendant must file a new statement using the form attached to the #4 Civil Case Order (also available on the undersigned's website) by June 19, 2023. Signed by Judge Kathryn Kimball Mizelle on 6/14/2023. (JMP)
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| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #4 Standing Order, 17 Order, by Cemex Construction Materials Florida, LLC. (Owens, Brett) |
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Filing 17
ENDORSED ORDER: The #4 Civil Case Order requires Parties to submit disclosure statements within fourteen days after appearing. The Defendant appeared on May 26, 2023, see (Doc. #10), but the Defendant fails to submit a disclosures statement. The Defendant must submit a disclosure statement no later than June 19, 2023. Signed by Judge Kathryn Kimball Mizelle on 6/12/2023. (JMP)
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| Filing 16 AMENDED COMPLAINT (Second) against Cemex Construction Materials Florida, LLC with Jury Demand. filed by Kevin Brandenburg.(Wenzel, Steven) |
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Filing 15
ENDORSED ORDER: Kevin Brandenburg's amended complaint #14 is a shotgun pleading because of mislabeled paragraphs. For example, the paragraphs in Count II are labeled 27 through 31, (Doc. #14) at 7-8, even though there are also paragraphs in the "Facts" section that are labeled 27 through 31. See id. at 4-5. Counts III, V, and VI have similar problems. Id. at 8-14. Because each count adopts "paragraphs 1 through 38" of the complaint, the effect of the mislabeling is that all the counts adopt the allegations of other counts, which constitutes shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1321 (11th Cir. 2015) ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, Brandenburg's amended complaint is STRICKEN. Brandenburg must submit a second amended complaint no later than June 13, 2023, that remedies these issues. Signed by Judge Kathryn Kimball Mizelle on 6/6/2023. (JMP)
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| Filing 14 ***STRICKEN PER ORDER 15***AMENDED COMPLAINT against Cemex Construction Materials Florida, LLC with Jury Demand. filed by Kevin Brandenburg.(Wenzel, Steven) Modified on 6/7/2023 (JNB). |
| Filing 13 NOTICE of Lead Counsel Designation by Brett Purcell Owens on behalf of Cemex Construction Materials Florida, LLC. Lead Counsel: Brett Owens. (Owens, Brett) |
| Filing 12 NOTICE of Appearance by Marisol Ruiz on behalf of Cemex Construction Materials Florida, LLC. (Ruiz, Marisol) |
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Filing 11
ENDORSED ORDER granting #10 Motion for Extension of Time to Answer. Cemex Construction Materials Florida, LLC answer or response due 6/9/2023. Signed by Judge Kathryn Kimball Mizelle on 5/30/2023. (JMP)
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| Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Cemex Construction Materials Florida, LLC. (Owens, Brett) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement (amended) by Kevin Brandenburg. (Wenzel, Steven) |
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Filing 8
ENDORSED ORDER: The Plaintiff's #6 Corporate Disclosure Statement fails to meet the standards this Court requires to effectively screen cases for potential conflicts. The Court requires parties to disclose "ownership however small of a party's shares or stock," not simply those whose ownership constitutes 10% or more. See (Doc. #4) at 8. The Plaintiff must file a new statement using the form attached to the #4 Civil Case Order (also available on the undersigned's website) by May 26, 2023. Signed by Judge Kathryn Kimball Mizelle on 5/19/2023. (JMP)
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| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Kevin Brandenburg. Related case(s): Yes (Wenzel, Steven) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Kevin Brandenburg. (Wenzel, Steven) |
| Filing 5 SUMMONS issued as to Cemex Construction Materials Florida, LLC. (SET) |
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Filing 4
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template on the undersigned's website under the "forms" tab within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 5/5/2023. (JMP)
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| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-975-KKM-AAS. (RPB) |
| Filing 2 NOTICE of Lead Counsel Designation by Steven Greg Wenzel on behalf of Kevin Brandenburg. Lead Counsel: Steven G. Wenzel. (Wenzel, Steven) |
| Filing 1 COMPLAINT against Cemex Construction Materials Florida, LLC with Jury Demand (Filing fee $402 receipt number AFLMDC-20798420) filed by Kevin Brandenburg. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Wenzel, Steven) |
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| Plaintiff: Kevin Brandenburg | |
| Represented By: | Steven Greg Wenzel |
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| Defendant: Cemex Construction Materials Florida, LLC | |
| Represented By: | Brett Purcell Owens |
| Represented By: | Marisol Ruiz |
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