Davis v. Holiday CVS LLC
| Dixie Davis |
| Holiday CVS LLC and Marie Poe |
| 8:2023cv01463 |
| June 29, 2023 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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Filing 23
ENDORSED ORDER: Plaintiff Davis moves unopposed by Defendant Marie Poe to voluntarily dismiss Poe under Rule 41(a)(2). (Doc. #19) But the Court cannot do that unless it has jurisdiction. Poe argues (and the other remaining Defendant CVS agrees) that she was fraudulently joined to destroy diversity jurisdiction. See (Doc. #1) at 3-4; (Doc. #14) at 2. And she moves to dismiss on that basis. (Doc. #14) at 2-12. Davis does not oppose Poe's motion to dismiss and makes her own request to dismiss Poe. (Docs. #19, #21). The Court construes these motions by Davis as an admission that the Court has jurisdiction to rule on the motions, and the only way it does is if Poe was fraudulently joined. Thus, the Court construes Davis's position as an implicit concession that Poe was fraudulently joined and grants the motion to dismiss under Rule 41(a)(2). The Clerk is directed to terminate Poe as a defendant. Signed by Judge Kathryn Kimball Mizelle on 8/10/2023. (ZG)
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| Filing 22 CASE MANAGEMENT REPORT. (Saylor, Catherine) |
| Filing 21 RESPONSE to Motion re #14 MOTION to Dismiss Count I of Plaintiff's Amended Complaint , #19 Unopposed MOTION for Miscellaneous Relief, specifically to Voluntarily Dismiss Count I of the Amended Complaint filed by Dixie Davis. (Saylor, Catherine) |
| Filing 20 CORPORATE Disclosure Statement by Dixie Davis. (Saylor, Catherine) |
| Filing 19 Unopposed MOTION to Voluntarily Dismiss Count I of the Amended Complaint by Dixie Davis. (Saylor, Catherine) Modified to edit docket text on 8/8/2023 (HAI). |
| Filing 18 NOTICE of Lead Counsel Designation by Jacob John Munch on behalf of Dixie Davis. Lead Counsel: Jacob J. Munch. (Munch, Jacob) |
| Filing 17 NOTICE TO PLAINTIFF COUNSEL of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (KME) |
| Filing 16 NOTICE of Appearance by Catherine Munch Saylor on behalf of Dixie Davis (Saylor, Catherine) |
| Filing 15 Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 8:23-cv-1463-KKM-UAM. Magistrate Judge Mac R. McCoy no longer assigned to the case. (AG) |
| Filing 14 MOTION to Dismiss Count I of Plaintiff's Amended Complaint by Marie Poe. (Attachments: #1 Exhibit A To MTD-Declaration of Maria Pope)(Mackinnon, R.) Modified on 7/26/2023 to remove duplicate text. (LD). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Dixie Davis. (Heaton, Kristopher) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Dixie Davis. Related case(s): Yes (Heaton, Kristopher) |
| Filing 11 ***COUNSEL NOTIFIED TO RE-FILE DOCUMENTS SEPARATELY***NOTICE of a related action per Local Rule 1.07(c) by Dixie Davis. Related case(s): Yes (Attachments: #1 State Court Other Documents)(Heaton, Kristopher) Modified on 7/20/2023 (CTR). |
| Filing 10 ANSWER and affirmative defenses to Complaint with Jury Demand by Holiday CVS LLC.(Mackinnon, R.) |
| Filing 9 NOTICE of Lead Counsel Designation by R. Gavin Mackinnon on behalf of Holiday CVS LLC. Lead Counsel: R. Gavin Mackinnon. (Mackinnon, R.) |
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Filing 8
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 removal. Each Party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days. Signed by Judge Kathryn Kimball Mizelle on 7/5/2023. (ZG)
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| Filing 7 NOTICE TO COUNSEL Dylan H. Griffin, Gregory Ethan Jordan and R. Gavin Mackinnon of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
| Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Holiday CVS LLC. Related case(s): No (Mackinnon, R.) |
| Filing 5 NOTICE TO COUNSEL Dylan H. Griffin of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (AET) |
| Filing 4 NOTICE TO COUNSEL Dylan H. Griffin 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). (AET) |
| Filing 3 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Mac R. McCoy. New case number: 8:23-cv-1463-KKM-MRM. (AET) |
| Filing 2 CORPORATE Disclosure Statement by Holiday CVS LLC. (Mackinnon, R.) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Tenth Judicial Circuit, Polk County, FL, 2023-CA-002747 filed in State Court on 3/21/2023. Filing fee $402, receipt number AFLMDC-20996536 filed by Holiday CVS LLC. (Attachments: #1 Exhibit A to Notice of Removal, #2 Exhibit B to Notice of Removal, #3 State Court COMPLAINT, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet)(Mackinnon, R.) Modified on 7/3/2023 to edit docket text (AJS). |
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