Gonzalez v. United States Center for SafeSport et al
| Luis Gonzalez |
| USA Taekwondo, Inc. and United States Center for SafeSport |
| 0:2018cv61190 |
| May 25, 2018 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| Broward (Office: Ft Lauderdale) |
| Robert N Scola |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 26, 2019. A more recent docket listing may be available from PACER.
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Filing 32
ACKNOWLEDGMENT OF RECEIPT as to #31 Transmittal Letter Sent (lk)
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Filing 31
Transmittal Letter Sent with Order Remanding Case to State Court to: Seventeenth Judicial Circuit in and for Broward County, Florida. State Court Case Number: CACE-18-010138 (jas)
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Filing 30
Opinion Order Granting Motion for Remand; Finding no federal jurisdiction under the Sports Act, the complete preemption doctrine or the diversity statute, the Court grants the Motion ECF No. #16 and remands this case to the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. The Clerk is instructed to close this case and take all necessary steps to ensure prompt remand and transfer of this file. Signed by Judge Robert N. Scola, Jr on 3/18/2019. See attached document for full details. (jas).
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SYSTEM ENTRY - Docket Entry 29 [misc] restricted/sealed until further notice. (732041)
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PAPERLESS ORDER resetting briefing schedule on the Defendants' motion to dismiss #3 . Plaintiffs response to the motion to dismiss #3 is now March 19, 2019. The Defendants' reply brief is due by March 26, 2019. The prior briefing schedule for the motion to dismiss 22 is vacated. Signed by Judge Robert N. Scola, Jr. (zlz)
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Filing 28
PAPERLESS ORDER granting the Defendant's motion to seal certain exhibits to its motion to dismiss #4 . Exhibits 2 and 3 to the Defendant's motion to dismiss may be filed under seal and the Clerk will maintain the materials under seal until five years after this case is closed, at which time the Clerk will destroy the exhibits. Signed by Judge Robert N. Scola, Jr. (zlz)
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Filing 27
Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by USA Taekwondo, Inc. (Malvin, Tamara)
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Filing 26
PAPERLESS ORDER: The Court grants #25 Defendant USA Taekwondo, Inc's unopposed motion for substitution of counsel. Akerman LLP and Attorneys Tamara S. Malvin, Jonathan Robbins, and Erica Gomer shall be substituted in the place of Carlton Fields Jordan Burt, P.A., and Attorneys Kevin McCoy and Gregory A. Gidus. Carlton Fields Jordan Burt, P.A., and Attorneys Kevin McCoy and Gregory A. Gidus are relieved from all further responsibility for the representation of Defendant USA Taekwondo. The Clerk is directed to update the docket to reflect Defendant USA Taekwondo's new counsel in this matter. Signed by Judge Robert N. Scola, Jr. on 9/7/2018. (vgn)
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Filing 25
Defendant's STIPULATED MOTION for Substitution of Counsel. Substituting Akerman LLP, Tamara S. Malvin, Jonathan S. Robbins, Erica Gomer for Carlton Fields Jordan Burt, PA, Kevin McCoy, Gregory Gidus by USA Taekwondo, Inc.. Attorney Tamara Savin Malvin added to party USA Taekwondo, Inc. (pty:dft). Responses due by 9/19/2018 (Attachments: #1 Text of Proposed Order Exhibit 1)(Malvin, Tamara)
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Filing 24
Certificate of Interested Parties/Corporate Disclosure Statement by United States Center for SafeSport (Torres, Anna)
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Filing 23
Plaintiff's REPLY to #18 Response in Opposition to Motion, #19 Notice (Other), #17 Response in Opposition to Motion by Luis Gonzalez. (Polenberg, Andrew)
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Filing 22
PAPERLESS ORDER: The Court grants #20 the Plaintiff's latest unopposed motion for extension of time. The Plaintiff's response to the Defendant's motion to dismiss shall be due 14 days from the date of the Court's order on the Plaintiff's motion for remand if such a response becomes necessary. Signed by Judge Robert N. Scola, Jr. on 8/14/2018. (vgn)
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Filing 21
Clerks Notice to Filer re #20 MOTION for Extension of Time to Respond to Motion to Dismiss re #3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and FOR LACK OF SUBJECT MATTER JURISDICTION. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
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Filing 20
Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and FOR LACK OF SUBJECT MATTER JURISDICTION by Luis Gonzalez. Responses due by 8/27/2018 (Polenberg, Andrew) Modified Relief on 8/13/2018 (ls).
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Filing 19
NOTICE by USA Taekwondo, Inc. re #17 Response in Opposition to Motion (Notice of Joinder) (Gidus, Gregory)
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Filing 18
RESPONSE in Opposition re #16 MOTION to Remand Amended filed by United States Center for SafeSport. Replies due by 8/15/2018. (Attachments: #1 Exhibit 1)(Torres, Anna)
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Filing 17
RESPONSE in Opposition re #16 MOTION to Remand filed by United States Center for SafeSport. Replies due by 8/15/2018. (Torres, Anna)
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Filing 16
MOTION to Remand by Luis Gonzalez. (Attachments: #1 Exhibit A)(Polenberg, Andrew)
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Filing 15
PAPERLESS ORDER: The Court grants #14 the Plaintiff's unopposed motion for extension of time. The Plaintiff's response is due on or before August 17, 2018. Signed by Judge Robert N. Scola, Jr. on 7/19/2018. (vgn)
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Filing 14
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and FOR LACK OF SUBJECT MATTER JURISDICTION by Luis Gonzalez. (Polenberg, Andrew)
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Filing 13
NOTICE by USA Taekwondo, Inc., United States Center for SafeSport DESIGNATION OF EMAIL ADDRESS FOR SERVICE OF PROCESS (Torres, Anna)
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Filing 12
NOTICE by USA Taekwondo, Inc., United States Center for SafeSport re 10 Order on Motion for Extension of Time to File Response/Reply/Answer,,, . Attorney Anna D. Torres added to party USA Taekwondo, Inc. (pty:dft). (Torres, Anna)
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Filing 11
PAPERLESS ORDER: The Court grants #9 the Defendant's unopposed motion for substitution of counsel. Anna D. Torres of Torres Law Group shall be substituted in the place of Kevin P. McCoy and Gregory A. Gidus of Carlton Fields Jorden Burt, P.A., as counsel of record for Defendant United States Center for Safesport. Attorneys Kevin P. McCoy and Gregory A. Gidus of Carlton Fields Jorden Burt, P.A, shall be relieved of all further responsibility in this case. The Clerk is directed to update the docket to reflect Defendant United States Center for Safesport's new counsel in this matter. Signed by Judge Robert N. Scola, Jr. on 6/25/2018. (vgn)
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Filing 10
PAPERLESS ORDER: The Court grants #7 the Plaintiff's unopposed motion for extension of time to respond to the Defendants' motion to dismiss. The Court notes that the Defendants' motion to dismiss was filed on June 1, 2018. The Plaintiff's response to the motion was accordingly due on June 15, 2018. The Court cautions the Plaintiff that it should have sought an extension of time before that deadline. However, given that the Court ordered the Defendant to file an amended notice of removal to establish jurisdiction by today, June 25, 2018, the Court will extend the Plaintiff's deadline to respond to the Defendant's motion to dismiss until July 23, 2018. Signed by Judge Robert N. Scola, Jr. on 6/25/2018. (vgn)
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Set/Reset Deadlines/Hearings as per DE 10 to #3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and FOR LACK OF SUBJECT MATTER JURISDICTION. Responses due by 7/23/2018 (lk)
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Filing 9
Amended STIPULATED MOTION for Substitution of Counsel. Substituting Anna D. Torres for Kevin P. McCoy and Gregory A. Gidus by United States Center for SafeSport. Responses due by 7/9/2018 (Torres, Anna)
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Filing 8
PAPERLESS ORDER: The Court denies, without prejudice, #6 Defendant United States Center for Safesport's motion for substitution of counsel because the motion does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion. Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Signed by Judge Robert N. Scola, Jr. on 6/22/2018. (vgn)
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Filing 7
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and FOR LACK OF SUBJECT MATTER JURISDICTION by Luis Gonzalez. (Polenberg, Andrew)
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Filing 6
Defendant's STIPULATED MOTION for Substitution of Counsel. Substituting Anna D. Torres for Kevin P. McCoy and Gregory A. Gidus by United States Center for SafeSport. Attorney Anna D. Torres added to party United States Center for SafeSport(pty:dft). Responses due by 7/5/2018 (Attachments: #1 Exhibit)(Torres, Anna)
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Filing 5
ORDER REQUIRING AMENDED NOTICE OF REMOVAL. ( Amended Complaint due by 6/25/2018.) Signed by Judge Robert N. Scola, Jr on 6/12/2018. (lk)
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Filing 4
Defendant's MOTION to Seal Exhibits to Motion to Dismiss per Local Rule 5.4 by USA Taekwondo, Inc., United States Center for SafeSport. (McCoy, Kevin)
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Filing 3
Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM and FOR LACK OF SUBJECT MATTER JURISDICTION by USA Taekwondo, Inc., United States Center for SafeSport. Responses due by 6/15/2018 (Attachments: #1 Exhibit SafeSport Code, #2 Exhibit Notice of Decision, #3 Exhibit Investigation Report, #4 Exhibit USAT Bylaws)(McCoy, Kevin)
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Filing 2
Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (rms1)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Declaratory Judgment) Filing fee $ 400.00 receipt number 113C-10686286, filed by USA Taekwondo, Inc., United States Center for SafeSport. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Complaint, #3 Exhibit State Court Docket, #4 Exhibit State Court File)(McCoy, Kevin)
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