Colpoys v. Future Motion, Inc. et al
| Sean Colpoys |
| Future Motion, Inc. and Elite Watersports, LLC |
| 8:2023cv01528 |
| July 10, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER granting #10 Motion to Remand to State Court. The Clerk is directed to remand this action, terminate any pending motions and deadlines, and close this case. Signed by Judge Kathryn Kimball Mizelle on 8/17/2023. (MEV)
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| Filing 17 Joint Brief in RESPONSE re 16 Order filed by Sean Colpoys. (Attachments: #1 Exhibit Articles of Organization, #2 Exhibit Florida LLC Annual Report, #3 Exhibit Elite Watersports)(Goldrosen, Eitan) (Modified on 8/16/2023 to edit docket text) (JDR). |
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Filing 16
ENDORSED ORDER: Upon review, neither party properly explains the citizenship of Elite Watersports, LLC. See Flintlock Const. Servs., LLC v. Well-Come Holdings, LLC, 710 F.3d 1221, 1224 (11th Cir. 2013) ("For the purpose of determining diversity jurisdiction, 'a limited liability company is a citizen of any state of which a member of the company is a citizen.'"). By August 15, 2023, the parties must establish, in a brief not to exceed five pages, the citizenship of Elite Watersports. Signed by Judge Kathryn Kimball Mizelle on 8/8/2023. (MEV)
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| Filing 15 RESPONSE re #10 First MOTION to Remand to State Court by Future Motion, Inc. (Holt, Michael) Modified text on 7/31/2023 (KME). |
| Filing 14 NOTICE of Appearance by Eitan Goldrosen on behalf of Sean Colpoys (Goldrosen, Eitan) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Sean Colpoys. (Goldrosen, Eitan) |
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Filing 12
ENDORSED ORDER: As required by Local Rule 3.03, Plaintiff must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Plaintiff must file the foregoing by using the template attached to Doc. #3 (also available on the undersigned's website under the "forms" tab). Plaintiff must file the Disclosure Statement and Certification no later than August 2, 2023. Signed by Judge Kathryn Kimball Mizelle on 7/26/2023. (MEV)
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Filing 11
ENDORSED ORDER: The Court uses corporate disclosures to effectively screen cases to inform recusal decisions. Recusal questions involve "[t]he operations of the courts and the judicial conduct of judges, [which] are matters of utmost public concern." Romero v. Drummond Co., Inc., 480 F.3d 1234, 1245 (11th Cir. 2007). Defendant Future Motion asserted only the desire to "protect the identities and privacy of individuals who are not parties to this action" as cause for this motion, but this desire "is not a valid reason for removing documents that influence or underpin a judicial decision from the public record in civil litigation." E.g., Signicast, LLC v. Firemant's Fund Ins. Co., 920 F. Supp. 2d 967, 970 (M.D. Fla. Feb. 1, 2013) (Adelman, J.); see also Steel Erectors, Inc. v. AIM Steel Int'l, Inc. 312 F.R.D. 673, 675 & n.3 (S.D. Ga 2016) (Smith, Mag. J.) (denying motion to seal corporate disclosure statement identifying defendant's parent company). Accordingly, because the motion fails to present good cause for the seal, it is denied. Future Motion must file its corporate disclosure statement by July 28, 2023. Signed by Judge Kathryn Kimball Mizelle on 7/26/2023. (MEV)
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| Filing 10 First MOTION to Remand to State Court by Sean Colpoys. (Goldrosen, Eitan) |
| Filing 9 Unopposed MOTION for Leave to File Other Document :File Under Seal its Certificate of Interested Persons and Corporate Disclosure Statement by Future Motion, Inc.. (Holt, Michael) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Future Motion, Inc.. Related case(s): No (Holt, Michael) |
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Filing 7
ENDORSED ORDER: Future Motion'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. #3) at 7. Future Motion must file a new statement using the form attached to the #3 Civil Case Order (also available on the undersigned's website) by July 24, 2023. Signed by Judge Kathryn Kimball Mizelle on 7/12/2023. (MEV)
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| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #3 Standing Order by Future Motion, Inc. (Holt, Michael) Modified on 7/12/2023 to remove punctuation. (LD). |
| Filing 5 Defendant's ANSWER and affirmative defenses to Complaint with Jury Demand by Future Motion, Inc.(Holt, Michael) Modified on 7/12/2023 to remove punctuation. (LD). |
| Filing 4 NOTICE of Lead Counsel Designation by Michael R. Holt on behalf of Future Motion, Inc.. Lead Counsel: Michael R. Holt. (Holt, Michael) |
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Filing 3
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 attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 7/10/2023. (MEV)
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| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-1528-KKM-AAS. (RPB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Sixth Judicial Circuit, Pinellas County, case number 23-002992-CI filed in State Court on 03/20/2023. Filing fee $402, receipt number AFLMDC-21023573 filed by Future Motion, Inc. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 State Court Docket Sheet Exhibit B, #3 State Court Other Documents Exhibit C, #4 Civil Cover Sheet)(Holt, Michael) |
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