Your CBD Stores Franchising, LLC v. Buckwalter et al
| YOUR CBD STORES FRANCHISING, LLC |
| Brett W. Buckwalter, Brett Harris, YOUR CBD STORE KANSAS, LLC doing business as KANNABLISS and KANNACORP, LLC doing business as KANNABLISS, Your CBD Store Kansas, LLC doing business as Kannabliss and Kannacorp, LLC doing business as Kannabliss |
| 8:2023cv01550 |
| July 12, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Amanda Arnold Sansone |
| Other Statutes: Arbitration |
| 09 U.S.C. § 0001 U.S. Arbitration Act |
| None |
Docket Report
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Filing 28
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the motion to vacate. (Doc. #27). Response now due September 19, 2023. Signed by Judge Virginia M. Hernandez Covington on 8/30/2023. (DMD)
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| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 Cross MOTION to Vacate Final Arbitration Award by Your CBD Stores Franchising, LLC. (Blynn, Aaron) |
| Filing 26 SUPPLEMENTAL NOTICE by Your CBD Stores Franchising, LLC re 25 Order directing compliance (Blynn, Aaron) (Modified on 8/28/2023 to edit docket text) (JDR). |
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Filing 25
ENDORSED ORDER: The Court appreciates Petitioner Your CBD Stores Franchising, LLC's prompt filing of its supplemental notice regarding the citizenships of the LLC parties. (Doc. #24). But this notice is insufficient because, despite the notice's assertion that it "provides notice of the citizenship of each LLC party," the notice only gives the citizenships of Respondent Your CBD Stores Kansas, LLC and Respondent Kannacorp, LLC. Thus, the notice fails to outline the citizenship of Petitioner Your CBD Stores Franchising, LLC. Again, the Petition to Confirm Arbitration Award is inadequate to support this Court's exercise of diversity jurisdiction because it merely alleges that Petitioner Your CBD Stores Franchising, LLC "is a Florida limited liability company with its principal place of business in Manatee County, Florida." (Doc. #1). Accordingly, if Petitioner Your CBD Stores Franchising, LLC wishes to establish this Court's jurisdiction, it must file a supplemental notice by August 31, 2023, that lists the citizenships of Petitioner Your CBD Stores Franchising, LLC. Signed by Judge Virginia M. Hernandez Covington on 8/25/2023. (DMD)
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| Filing 24 NOTICE by Your CBD Stores Franchising, LLC re 23 Order directing compliance (Blynn, Aaron) |
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Filing 23
ENDORSED ORDER: The Petition to Confirm Arbitration Award (Doc. #1) insufficiently alleges the citizenships of the three LLC parties. The Petition merely alleges that (1) Your CBD Stores Franchising, LLC "is a Florida limited liability company with its principal place of business in Manatee County, Florida"; (2) Your CBD Store Kansas, LLC "is a Kansas limited liability company with its principal place of business in Sedgwick County, Kansas," and (3) Kannacorp, LLC "is a Kansas limited liability company with its principal place of business in Sedgwick County, Kansas." (Id. at 1-2). But "a limited liability company is a citizen of any state of which a member of the company is a citizen." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Thus, "[t]o sufficiently allege the citizenships of" a limited liability company, "a party must list the citizenships of all the members of the limited liability company." Id. Accordingly, Petitioner Your CBD Stores Franchising is directed to file a short supplemental notice listing the citizenships of each LLC party by August 31, 2023. Signed by Judge Virginia M. Hernandez Covington on 8/24/2023. (DMD)
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| Filing 22 AMENDED RESPONSE to #1 Complaint -Petitioner to Confirm Arbitration Award by Brett W. Buckwalter, Kannacorp, LLC, Your CBD Store Kansas, LLC. (Attachments: #1 Exhibit Cross-Petition/Motion to Vacate Final Arbitration Award)(Kranz, Alissa) |
| Filing 21 STATUS report by Your CBD Stores Franchising, LLC. (Blynn, Aaron) |
| Filing 20 Cross MOTION to Vacate Final Arbitration Award by All Defendants. (Attachments: #1 Exhibit Declaration of Brett Buckwalter, #2 Exhibit Final Arbitration Award)(Kranz, Alissa) |
| Filing 19 NOTICE of Appearance by Alissa A. Kranz on behalf of Brett W. Buckwalter, Kannacorp, LLC, Your CBD Store Kansas, LLC (Kranz, Alissa) |
| Filing 18 ANSWER and affirmative defenses to #1 Complaint,, COUNTERCLAIM against Your CBD Stores Franchising, LLC by Brett W. Buckwalter. (Attachments: #1 Supplement)(ABC) |
| Filing 17 RETURN of service executed on 7/29/23 by Your CBD Stores Franchising, LLC as to Your CBD Store Kansas, LLC. (Blynn, Aaron) |
| Filing 16 RETURN of service executed on 7/29/23 by Your CBD Stores Franchising, LLC as to Brett W. Buckwalter. (Blynn, Aaron) |
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Filing 15
ENDORSED ORDER: Petitioner is directed to file a status report on its efforts to perfect service of process on Respondents by August 21, 2023. Signed by Judge Virginia M. Hernandez Covington on 8/14/2023. (DMD)
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| Filing 14 NOTICE of Lead Counsel Designation by Aaron Seth Blynn on behalf of Your CBD Stores Franchising, LLC. Lead Counsel: Aaron Blynn. (Blynn, Aaron) |
| Filing 13 NOTICE TO COUNSEL Aaron Seth Blynn 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 12 SUMMONS issued as to Kannacorp, LLC. (BD) |
| Filing 11 SUMMONS issued as to Brett W. Buckwalter, Your CBD Store Kansas, LLC. (BD) |
| Filing 10 PROPOSED summons to be issued by Your CBD Stores Franchising, LLC. (Blynn, Aaron) |
| Filing 9 PROPOSED summons to be issued by Your CBD Stores Franchising, LLC. (Blynn, Aaron) Modified text on 7/18/2023 (MCB). |
| Filing 8 PROPOSED summons to be issued by Your CBD Stores Franchising, LLC. (Blynn, Aaron) |
| Filing 7 NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (MEJ) |
| Filing 6 NOTICE of Local Rule 1.07(c), which 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. (Signed by Deputy Clerk). (MEJ) |
| Filing 5 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). (MEJ) |
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Filing 4
ENDORSED ORDER: The Court is aware of the notice entered in this case, explaining that Local Rule 3.02(a)(2) requires the filing of a uniform case management report with forty or seventy days, depending on the circumstances of the case. However, under Local Rule 1.01(b), a judge can modify or suspend for all or part of an action the application of any rule, except Rule 1.05(a). This Court finds it beneficial to enter a fast-track scheduling order in certain categories of cases before entry of a case management and scheduling order. Additionally, in cases that are not fast-tracked, this Court finds it efficient to have the parties confer and file case management reports within 14 days after the defendant's responsive pleading is due or within 14 days after a case is removed to this Court. In light of this, the Court hereby suspends Local Rule 3.02(a)(2) in this case. At a time the Court deems appropriate, the Court will enter a further order in this case setting either a deadline to file a completed uniform case management report or various fast-track deadlines for the case. Signed by Judge Virginia M. Hernandez Covington on 7/16/2023. (MEJ)
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| Filing 3 NOTICE of Local Rule 3.02(a)(2), which 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. (Signed by Deputy Clerk). (MEJ) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-1550-VMC-AAS. (ABC) |
| Filing 1 COMPLAINT - Petition to Confirm Arbitration Award against Brett W. Buckwalter, Your CBD Store Kansas, LLC, Kannacorp, LLC (Filing fee $402 receipt number AFLMDC-21034565) filed by Your CBD Stores Franchising, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Blynn, Aaron) (BD). Modified text on 7/28/2023 (BD). |
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