Heath v. E.O.S. Inc. et al
| Ryan Heath |
| E.O.S. Inc. and Wayne Allen Hammett |
| 8:2024cv00392 |
| February 12, 2024 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Amanda Arnold Sansone |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.
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Filing 25
ENDORSED ORDER granting #24 Motion for Extension of Time. Defendants' responses to Plaintiff's first request for production due by 4/22/2024. Signed by Magistrate Judge Amanda Arnold Sansone on 4/8/2024. (CES)
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| Filing 24 Second MOTION for Extension of Time to Respond to Plaintiff's Request for Production by E.O.S. Inc. (Graham, John) Modified text on 4/8/2024 (BD). |
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Filing 23
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by October 21, 2024. Dispositive motions due by December 5, 2024. Pretrial Conference scheduled for July 10, 2025, at 10:00 AM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial scheduled for the August 2025 trial calendar in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Conduct mediation by November 21, 2024. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 4/3/2024. (GSO)
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| Filing 22 ANSWER and affirmative defenses to #9 Amended Complaint by E.O.S. Inc., Wayne Allen Hammett.(Graham, John) |
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Filing 21
ENDORSED ORDER granting #15 Motion for Extension of Time. Plaintiff's responses to Defendants' first request for production and first interrogatories due by 4/5/2024. Signed by Magistrate Judge Amanda Arnold Sansone on 3/6/2024. (CES)
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Filing 20
ENDORSED ORDER granting #14 Motion for Extension of Time. Defendants' responses to Plaintiff's first request for production and first interrogatories due by 4/5/2024. Signed by Magistrate Judge Amanda Arnold Sansone on 3/6/2024. (CES)
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Filing 19
ENDORSED ORDER granting #18 Motion to Substitute Counsel. Attorney Alyssa Lettman terminated. Signed by Magistrate Judge Amanda Arnold Sansone on 3/6/2024. (CES)
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| Filing 18 MOTION to Substitute Attorney by Ryan Heath. (Sotomayor, Raymond) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
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Filing 17
ENDORSED ORDER: Attorney Alyssa Lettman is directed to comply with Local Rule 2.01. By March 21, 2024, Attorney Lettman must move to appear pro hac vice or file a notice detailing the steps she has taken to become admitted into the Middle District. Attorney Lettman must also register with the Middle District's CM/ECF by March 21, 2024. Failure to comply with this order will result in the Court striking Attorney Lettman's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 3/6/2024. (CMM)
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| Filing 16 CASE MANAGEMENT REPORT. (Sotomayor, Raymond) |
| Filing 15 MOTION for Extension of Time to Complete Discovery by Ryan Heath. (Sotomayor, Raymond) |
| Filing 14 First MOTION for Extension of Time to Complete Discovery by E.O.S. Inc., Wayne Allen Hammett. (Graham, John) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re 12 Order by Ryan Heath. (Sotomayor, Raymond) |
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Filing 12
ENDORSED ORDER: As required by Local Rule 3.03, Heath 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. Heath must file the foregoing by using the template attached to (Doc. #7) (also available on the undersigned's website under the "forms" tab). Heath must file the Disclosure Statement and Certification no later than March 6, 2024. Signed by Judge Kathryn Kimball Mizelle on 2/28/2024. (CMM)
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| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Ryan Heath. Related case(s): No (Sotomayor, Raymond) |
| Filing 10 NOTICE of Lead Counsel Designation by Raymond Sotomayor on behalf of Ryan Heath. Lead Counsel: Raymond Sotomayor. (Sotomayor, Raymond) |
| Filing 9 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Ryan Heath.(Sotomayor, Raymond) |
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Filing 8
ENDORSED ORDER: Upon review, the Court finds this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly "incorporates and adopts by reference the allegations in" the prior counts leading to a situation where Counts I and II contain irrelevant factual allegations and legal conclusions. See id. at 1321 ("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, the Plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend their complaint no later than February 29, 2024. If the Plaintiff fails to amend the complaint, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 2/15/2024. (CMM)
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Filing 7
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 2/13/2024. (CMM)
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| Filing 6 NOTICE of Lead Counsel Designation by John Spencer Graham on behalf of E.O.S. Inc., Wayne Allen Hammett. Lead Counsel: John S. Graham. (Graham, John) |
| Filing 5 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 4 CORPORATE Disclosure Statement by E.O.S. Inc.. (Graham, John) |
| Filing 3 NOTICE TO COUNSEL Alyssa Lettman and Michael T. Tomlin 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). (RLK) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:24-cv-392-KKM-AAS. (RLK) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court for the Sixth Judicial Circuit in and for Pasco County Florida, case number 2023 CA 004794 filed in State Court on 11/20/2023. Filing fee $405, receipt number AFLMDC-21757640 filed by All Defendants. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Graham, John) Modified text to correct date on 2/12/2024 (LSS). |
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