DLG Construction, Inc. v. RoofConnect Logistics, Inc.
| DLG Construction, Inc. doing business as Southpoint Builders |
| RoofConnect Logistics, Inc. doing business as Patriot Construction Management |
| 8:2024cv02571 |
| November 4, 2024 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 20
ORDER: Non-Party Patriot's Motion to Intervene, and Patriot's/RoofConnect's Joint Motion for Substitution of Parties Defendant (Doc. #18) is GRANTED. The stay in this case is lifted. Patriot Construction Management, LLC is substituted in place of RoofConnect Logistics, Inc. d/b/a Patriot Construction Management as the defendant in this action. The style of this action is amended to reflect the foregoing substitution. Once this change is effected, the Clerk is directed to once again stay and administratively close this case pending the resolution of the arbitration process. Signed by Judge Virginia M. Hernandez Covington on 1/2/2025. (MG)
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Filing 19
ENDORSED ORDER granting the Joint Motion to Compel Mediation/Arbitration and to Stay Proceedings. (Doc. #17). The parties agree that the governing subcontract between the parties contains a dispute resolution provision that applies to this action. Therefore, the parties are compelled to arbitrate this dispute -- that is, the subject of this action -- in accordance with the subcontract's dispute resolution provision. The Clerk is directed to stay and administratively close this case pending the resolution of the arbitration process. The parties are directed to file a status report every 90 days on the status of the mediation and arbitration. Furthermore, the parties must immediately notify the Court once the arbitration has concluded. Signed by Judge Virginia M. Hernandez Covington on 12/13/2024. (MG)
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| Filing 18 MOTION to Substitute Party or to Intervene by Non-Party Patriot and by RoofConnect Logistics, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Capps, Bryan) |
| Filing 17 Joint MOTION to Stay and to Compel Mediation-Arbitratioin by RoofConnect Logistics, Inc. (Capps, Bryan) Modified text on 12/12/2024 (AA). |
| Filing 16 NOTICE of Lead Counsel Designation by Joseph W. Lawrence, II on behalf of DLG Construction, Inc.. Lead Counsel: Joseph W. Lawrence, II. (Lawrence, Joseph) |
| Filing 15 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 14 AMENDED COMPLAINT against RoofConnect Logistics, Inc. with Jury Demand filed by DLG Construction, Inc. (Lawrence, Joseph) Modified text on 11/20/2024 (GL). |
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Filing 13
ENDORSED ORDER: Plaintiff's complaint alleges that this Court has "subject matter jurisdiction over this action pursuant 28 U.S.C. 1332." (Doc. #1 at 1). "[W]hen federal jurisdiction is invoked based upon diversity, [the allegations] must include the citizenship of each party, so that the court is satisfied that no plaintiff is a citizen of the same state as any defendant." Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1268 (11th Cir. 2013). However, the complaint here only asserts that Defendant is a "foreign for profit corporation," and that Plaintiff and Defendant "are citizens of different States." (Doc. #1 at 1). Plaintiff is thus directed to file an amended complaint by November 22, 2024, that properly alleges each party's citizenship and this Court's diversity jurisdiction. Signed by Judge Virginia M. Hernandez Covington on 11/19/2024. (MG)
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| Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by DLG Construction, Inc.. (Lawrence, Joseph) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by DLG Construction, Inc. Related case(s): No (Lawrence, Joseph) Modified on 11/15/2024 to edit the docket text (RPB). |
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Filing 10
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by December 13, 2024, file a completed uniform 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 11/14/2024. (MG)
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| Filing 9 PROOF of service by DLG Construction, Inc. (Lawrence, Joseph) |
| Filing 8 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 7 NOTICE of Local Rule 1.07(c), which requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ) |
| Filing 6 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 5
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 11/7/2024. (MEJ)
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| Filing 4 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 3 SUMMONS issued as to RoofConnect Logistics, Inc. (KME) |
| REFUND for duplicate payment. Receipt number AFLMDC-22684225 refunded in the amount of $ $405.00 paid to Joseph W Lawrence II. (NLC) Modified on 11/7/2024 (AA). |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:24-cv-2571-VMC-CPT. (TNP) |
| Filing 1 COMPLAINT against RoofConnect Logistics, Inc. d/b/a Patriot Construction Management with Jury Demand (Filing fee $405 receipt number AFLMDC-22684366) filed by DLG Construction, Inc. d/b/a Southpoint Builders. (Attachments: #1 Exhibit Construction Contract, #2 Civil Cover Sheet Civil Cover Sheet, #3 Proposed Summons Summons)(Lawrence, Joseph) |
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| Defendant: RoofConnect Logistics, Inc. doing business as Patriot Construction Management | |
| Represented By: | Mark Husted |
| Represented By: | Bryan L. Capps |
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| Plaintiff: DLG Construction, Inc. doing business as Southpoint Builders | |
| Represented By: | Joseph W. Lawrence, II |
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