DODSON et al v. WESTERVELT ECOLOGICAL SERVICES LLC et al
| SCOTT DODSON, ANGELINE DODSON, ROBERT DAVIS, CATHY DAVIS, RAYMOND NEFF and CARRIE NEFF |
| Westervelt Ecological Services, LLC, MUNROE FOREST & WILDLIFE MANAGEMENT, INC., WESTERVELT ECOLOGICAL SERVICES LLC and MUNROE FOREST & WILDLIFE MANAGEMENT INC |
| CHILDS LAND CLEARING, LLC and CHILDS LAND CLEARING LLC |
| 3:2022cv04470 |
| March 22, 2022 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| T KENT WETHERELL |
| Torts to Land |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Filing 17 Plaintiffs' Objection to the Affidavit of Ray F. Robbins, III, Filed in Support of Defendant Westervelt Ecological Services, LLC's Response to Plaintiffs' Motion to Remand re #16 Response in Opposition to Motion, by ANGELINE DODSON, ROBERT DAVIS, RAYMOND NEFF, CATHY DAVIS, CARRIE NEFF, SCOTT DODSON. (Attachments: #1 Exhibit May 10th,2022 E-mail from Jack Bethay) (HANCOCK, BRIAN) Modified on 5/13/2022 to edit title (jcw). |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #7 First MOTION to Remand, #16 Response in Opposition to Motion. (jcw) |
| Filing 16 RESPONSE in Opposition re #7 First MOTION to Remand and Award Attorney Fees Pursuant to 28 U.S.C. 1447(c) and Incorporated Memorandum of Law and Fact Defendant Westervelt's Response to Plaintiffs' Motion to Remand and for Award of Attorneys' Fees filed by WESTERVELT ECOLOGICAL SERVICES LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (BETHAY, JOHN) |
Filing 15
ORDER DENYING EXTENSION OF TIME. re #13 MOTION for Extension of Time to File Response/Reply as to 7 First MOTION to Remand and Award Attorney Fees Pursuant to 28 U.S.C. 1447(c). Signed by JUDGE T KENT WETHERELL II on 04/27/2022. (alb)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #14 Response in Opposition to #13 MOTION for Extension of Time to File Response/Reply as to #7 First MOTION to Remand and Award Attorney Fees Pursuant to 28 U.S.C. 1447(c) and Incorporated Memorandum of Law and Fact. (alb) |
| Filing 14 RESPONSE in Opposition re #13 MOTION for Extension of Time to File Response/Reply as to #7 First MOTION to Remand and Award Attorney Fees Pursuant to 28 U.S.C. 1447(c) and Incorporated Memorandum of Law and Fact filed by CATHY DAVIS, ROBERT DAVIS, ANGELINE DODSON, SCOTT DODSON, CARRIE NEFF, RAYMOND NEFF. (Attachments: #1 Exhibit A - 03 30 2022 Email to Westervelt Counsel, #2 Exhibit B - 04 07 2022 Email from Westervelt Counsel) (HANCOCK, BRIAN) |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #7 First MOTION to Remand and Award Attorney Fees Pursuant to 28 U.S.C. 1447(c) and Incorporated Memorandum of Law and Fact by WESTERVELT ECOLOGICAL SERVICES LLC. (WHITE, FRED) |
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Filing 12
ORDER re #10 Motion to Appear Pro Hac Vice; #11 Motion to Appear Pro Hac Vice. ORDERED that the motions are GRANTED, and attorneys John D. Bethay, III, and Thomas Buck, Jr. are authorized to appear pro hac vice for Defendant Westervelt Ecological Services, LLC. Signed by JUDGE T KENT WETHERELL II on 4/26/2022. (jcw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #10 MOTION to Appear Pro Hac Vice by John Douglas Bethay III.( Filing fee $ 208 receipt number AFLNDC-6955090.), #11 MOTION to Appear Pro Hac Vice by Thomas Buck Jr..( Filing fee $ 208 receipt number AFLNDC-6955512.) (jcw) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #13 MOTION for Extension of Time to File Response as to #7 First MOTION to Remand and Award Attorney Fees Pursuant to 28 U.S.C. 1447(c) and Incorporated Memorandum of Law and Fact (jcw) |
| Filing 11 MOTION to Appear Pro Hac Vice by Thomas Buck Jr..( Filing fee $ 208 receipt number AFLNDC-6955512.) by WESTERVELT ECOLOGICAL SERVICES LLC. (Attachments: #1 Exhibit A) (BUCK, THOMAS) |
| Filing 10 MOTION to Appear Pro Hac Vice by John Douglas Bethay III.( Filing fee $ 208 receipt number AFLNDC-6955090.) by WESTERVELT ECOLOGICAL SERVICES LLC. (Attachments: #1 Exhibit A) (BETHAY, JOHN) |
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Filing 9
ORDER TOLLING DEADLINES re #8 Motion to Stay. The motion is GRANTED, and all deadlines in the Initial Scheduling Order are tolled pending disposition of Plaintiffs motion to remand. If the motion to remand is denied, the parties shall have 14 days from the date the Court rules on the motion to hold their Rule 26(f) conference and 7 days after the conference to file their joint report and proposed scheduling order. Signed by JUDGE T KENT WETHERELL II on 4/22/2022. (jcw)
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| Set/Reset Deadlines as to #7 First MOTION to Remand and Award Attorney Fees Pursuant to 28 U.S.C. 1447(c) and Incorporated Memorandum of Law and Fact. (Internal deadline for referral to judge if response not filed earlier: 5/5/2022). (jcw) |
| Filing 8 MOTION to Stay Deadlines in Initial Scheduling Order (Unopposed) by CATHY DAVIS, ROBERT DAVIS, ANGELINE DODSON, SCOTT DODSON, CARRIE NEFF, RAYMOND NEFF. (HANCOCK, BRIAN) |
| Filing 7 First MOTION to Remand and Award Attorney Fees Pursuant to 28 U.S.C. 1447(c) and Incorporated Memorandum of Law and Fact by CATHY DAVIS, ROBERT DAVIS, ANGELINE DODSON, SCOTT DODSON, CARRIE NEFF, RAYMOND NEFF. (Attachments: #1 Exhibit 11.18.20 Email and Excel Sheet, #2 Exhibit Pls Motion for Leave to Amend Class Action Complaint, #3 Exhibit 3.30.22 Email from BDH to OC, #4 Exhibit 3.31.22 Email from BDH to OC, #5 Exhibit 4.6.22 Emails between BDH and Bethay) (HANCOCK, BRIAN) |
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Filing 6
ORDER TOLLING DEADLINE - ORDERED that the deadline established in the ISO for Defendants response to Plaintiffs' amended motion for class certification is tolled pending further order, and the parties shall include a proposed schedule for conducting any necessary class discovery and briefing the amended motion in their Rule 26(f) report. Signed by JUDGE T KENT WETHERELL II on 3/29/2022. (jcw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #5 Emergency MOTION for Extension of Time to File Memorandum in Opposition or, in the Alternative, for an Emergency Scheduling Conference. (jcw) |
| Filing 5 Emergency MOTION for Extension of Time to File Memorandum in Opposition or, in the Alternative, for an Emergency Scheduling Conference by WESTERVELT ECOLOGICAL SERVICES LLC. (KEELEY, BRENDAN) |
| Filing 4 Corporate Disclosure Statement/Certificate of Interested Persons by CHILDS LAND CLEARING LLC. (SPEAR, GARY) |
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Filing 3
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 4/7/2022. Rule 26 Meeting Report due by 5/9/2022. Discovery due by 7/21/2022. Signed by JUDGE T KENT WETHERELL II on 3/24/2022. (jcw)
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| Filing 2 Corporate Disclosure Statement/Certificate of Interested Persons by WESTERVELT ECOLOGICAL SERVICES LLC identifying Corporate Parent The Westervelt Company, Inc. for WESTERVELT ECOLOGICAL SERVICES LLC.. (WHITE, FRED) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Notice of Removal. (Please see proposed ISO.) (alb) |
| Filing 1 NOTICE OF REMOVAL by Westervelt Ecological Services, LLC from First Judicial Circuit in and for Santa Rosa County, Florida, case number 2020-CA-000274. ( Filing fee $ 402 receipt number AFLNDC-6849174.), filed by Westervelt Ecological Services, LLC. (Attachments: #1 Civil Cover Sheet, #2 Plaintiff's Complaint, #3 Summons to Munroe, #4 Summons to Westervelt, #5 Return of Service (Westervelt), #6 Return of Service (Munroe), #7 Order Denying Motions to Dismiss, #8 Munroe's Answer, Aff Defenses and 3rd Party Complaint, #9 Westervelt's Answer and Aff Defenses, #10 Munroe's NOF Exhibits to 3rd Party Complaint, #11 Summons to Childs Land Clearing, #12 Plaintiff's Reply to Munroe's Aff Defenses, #13 Plaintiffs' Reply to Westervelt's Affirmative Defenses, #14 Return of Service (Childs), #15 Childs' Answer and Aff Defenses to Munroe's 3rd Party Complaint, #16 Munroe's Reply to Childs' Aff Defenses, #17 Plaintiffs' First Amended Complaint, #18 Munroe's Answer and Aff Defenses to Plaintiffs' 1st Amended Complaint, #19 Order Granting Munroe's Motion to Amend 3rd Party Complaint, #20 Westervelt's Answer and Aff Defenses to Plaintiffs' 1st Amended Complaint, #21 Munroe's Amended Answer and Aff Defenses to Plaintiffs' 1st Amended Complaint, #22 Childs' Answer and Aff Defenses to Munroe's Amended 3rd Party Complaint, #23 Order to Plaintiffs' Regarding Required Reporting, #24 Plaintiffs' Motion for Class Certification, #25 Order Granting Child's Motion for Substitution of Counsel, #26 Plaintiffs' Memorandum of Law in Support of Motion to Certify Class, #27 Plaintiffs' Amended Motion for Class Certification) (WHITE, FRED) |
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