Burgner v. North American Van Lines, Inc.
| David Burgner |
| North American Van Lines, Inc. |
| 8:2023cv02985 |
| December 28, 2023 |
| US District Court for the Middle District of Florida |
| Amanda Arnold Sansone |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 14706 Liability of Carriers Under Receipts and Bills of Lading |
| None |
Docket Report
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| Filing 29 ANSWER and affirmative defenses to #27 Amended Complaint by North American Van Lines, Inc..(Blitch, Bridgette) |
| Judge Virginia M. Hernandez Covington no longer assigned to case. (JNB) |
Filing 28
ORDER approving consent to jurisdiction by US Magistrate Judge. Signed by Judge Virginia M. Hernandez Covington on 2/7/2024. (JAK)
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| Filing 27 AMENDED COMPLAINT against North American Van Lines, Inc. filed by David Burgner.(France, Michael) |
| Filing 26 PROPOSED Consent and Reference of a Civil Action to U.S. Magistrate Judge by by North American Van Lines, Inc. (Blitch, Bridgette) (Modified on 2/2/2024, to edit text) (BGR). |
| Filing 25 CASE MANAGEMENT REPORT. (Blitch, Bridgette) |
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Filing 24
ENDORSED ORDER granting #23 Motion to Appear Pro Hac Vice. Attorney Emileigh Stewart Hubbard may appear pro hac vice, subject to the requirement that counsel submit her Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 1/30/2024. (BEE)
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| Filing 23 MOTION for Emileigh Stewart Hubbard to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21709659 for $150 by North American Van Lines, Inc.. (Blitch, Bridgette) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
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Filing 22
ENDORSED ORDER granting #21 Motion to Appear Pro Hac Vice. Attorney Vic Houston Henry may appear pro hac vice, subject to the requirement that counsel submit his Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 1/22/2024. (BEE)
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| Filing 21 MOTION for Vic H. Henry to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21682709 for $150 by North American Van Lines, Inc.. (Blitch, Bridgette) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 20 MOTION to Dismiss Plaintiff's Complaint by North American Van Lines, Inc. (Blitch, Bridgette) Modified on 1/17/2024 counsel contacted the Clerk's Office to indicate document filed in error; incorrect case.) (AG). Modified on 1/17/2024 (AG). |
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Filing 19
ENDORSED ORDER granting Defendant's Amended Motion to Dismiss Plaintiff's Complaint. (Doc. #13). Plaintiff is directed to file an amended complaint by February 2, 2024. Signed by Judge Virginia M. Hernandez Covington on 1/16/2024. (JAK)
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Filing 18
ENDORSED ORDER: Based on the reasons stated in the Joint Notice Regarding Status of Litigation (Doc. #16), this Court extends the deadline to file a Case Management Report. The parties are now required to file a completed Case Management Report by February 2, 2024. Signed by Judge Virginia M. Hernandez Covington on 1/16/2024. (JAK)
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| Filing 17 NOTICE of Lead Counsel Designation by Bridgette Mannino Blitch on behalf of North American Van Lines, Inc. Lead Counsel: Bridgette M. Blitch. (Blitch, Bridgette) Modified text on 1/16/2024 (MCB). |
| Filing 16 Joint STATUS report by North American Van Lines, Inc. (Blitch, Bridgette) Modified text on 1/16/2024 (MCB). |
| Filing 15 NOTICE of Lead Counsel Designation by Michael A. France on behalf of David Burgner. Lead Counsel: Michael A. France. (France, Michael) |
| Filing 14 NOTICE TO ALL 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). (GL) |
| Filing 13 Amended MOTION to Dismiss Plaintiff's Complaint by North American Van Lines, Inc. (Blitch, Bridgette) Modified text on 1/11/2024 (GL). |
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Filing 12
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 18, 2024, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. After the Case Management Report is filed, the Court will determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 1/5/2024. (JAK)
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Filing 11
ENDORSED ORDER denying Defendant North American Van Lines, Inc.'s Motion to Dismiss Plaintiff's Complaint (Doc. #10) for failure to comply with Local Rule 3.01(g). The Court takes this opportunity to remind Defendant of its obligation to confer in good faith with opposing counsel. If Defendant would like the opportunity to file a motion to dismiss, it is directed to file a motion that complies with Local Rule 3.01(g). Signed by Judge Virginia M. Hernandez Covington on 1/5/2024. (JAK)
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| Filing 10 MOTION to Dismiss Plaintiff's Complaint and Brief in Support by North American Van Lines, Inc.. (Blitch, Bridgette) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by North American Van Lines, Inc. Related case(s): Yes (Blitch, Bridgette) Modified on 1/4/2024 (JS). Modified docket text on 1/4/2024 (JS). |
| Filing 8 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 7 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 6
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 1/3/2024. (MEJ)
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| Filing 5 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 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-02985-VMC-AAS. (TRF) |
| Filing 3 NOTICE TO COUNSEL Emileigh Hubbard and Vic H. Henry 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). (TRF) |
| Filing 2 CORPORATE Disclosure Statement by North American Van Lines, Inc. identifying Corporate Parent SIRVA Worldwide, Inc. for North American Van Lines, Inc. (Blitch, Bridgette) Modified docket text on 12/29/2023 (JS). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from County Court of the TwelfthJudicial Circuit in and for Manatee County, case number 23-CC-6631 filed in State Court on 11/16/2023. Filing fee $405, receipt number AFLMDC-21605613 filed by North American Van Lines, Inc.. (Attachments: #1 Exhibit 1 - Index of Documents Filed in State Court, #2 State Court COMPLAINT, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Blitch, Bridgette) |
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| Plaintiff: David Burgner | |
| Represented By: | Michael A. France |
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| Defendant: North American Van Lines, Inc. | |
| Represented By: | Bridgette Mannino Blitch |
| Represented By: | Emileigh Stewart Hubbard |
| Represented By: | Vic Houston Henry, I |
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