King v. Flight Support Services, LLC et al
| Kimberly King, individually and as Personal Representative of the Estate of Justin King, Deceased and Hayden King, Deceased, et al, Kimberly King, Arthur L Bustos and Damon Richards |
| Robert Pierce, More Company, Inc., Flight Support Services, LLC, McCauley Propellers Systems, Palm Beach Aircraft Propellers, Inc., Aircraft Turbines Works, LLC, Aviation Training Group of Florida, Inc., Aircraft Turbines Works, Inc., McCauley Propeller Systems and Southeast Turbines, Corp. |
| 0:2019cv62501 |
| October 7, 2019 |
| US District Court for the Southern District of Florida |
| Patrick M Hunt |
| K Michael Moore |
| Airplane |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 STIPULATION FOR EXTENSION OF TIME by Arthur L Bustos, Kimberly King, Damon Richards (Wolk, William) |
| Filing 45 NOTICE by Aviation Training Group of Florida, Inc., Flight Support Services, LLC, Robert Pierce re #44 Response in Opposition to Motion of Joinder with Co-Defendant's Response. Attorney Jake Mayer Goodman added to party Aviation Training Group of Florida, Inc.(pty:dft), Attorney Jake Mayer Goodman added to party Flight Support Services, LLC(pty:dft), Attorney Jake Mayer Goodman added to party Robert Pierce(pty:dft). (Goodman, Jake) |
| Filing 44 RESPONSE in Opposition re #37 Amended MOTION to Remand filed by More Company, Inc.. Replies due by 12/4/2019. (Attachments: #1 Exhibit Plaintiffs' Nevada Action)(Garcia, Carlos) |
| Filing 43 MOTION to Dismiss with Prejudice #15 Amended Complaint by Aviation Training Group of Florida, Inc.. Responses due by 12/5/2019 (Attachments: #1 Exhibit 1)(Levine, Justin) |
| Filing 42 REPLY to Response to Motion re #24 Defendant's MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Strike filed by McCauley Propeller Systems. (Coxhead, Stephen) |
Filing 41
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Amended Motion to Remand. #37 . UPON CONSIDERATION of the Amended Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' initial Motion to Remand #34 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 11/18/2019. (mgh)
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| Set/Reset Deadlines as to #30 Defendant's MOTION to Dismiss for Lack of Jurisdiction; #36 MOTION TO DISMISS; #28 MOTION TO DISMISS; #29 Defendant's MOTION TO DISMISS; #27 MOTION TO DISMISS. SEE DE 40 ORDER Responses due by 12/20/2019 (ail) |
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Filing 40
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Motion to Stay. #35 . On October 31, 2019, November 4, 2019, and November 11, 2019, Defendants moved to dismiss this action. #24 , #27 , #28 , #29 , #30 , #36 . On November 14, 2019, Plaintiffs filed an Amended Motion to Remand. #37 . On the same day, Plaintiffs responded to Defendant McCauley Propeller Systems Motion to Dismiss. #38 . Plaintiffs responses to the remaining Motions to Dismiss are due on November 18, 2019 and November 25, 2019. Now, Plaintiffs request that the Court stay the action and rule on the Amended Motion to Remand before the pending Motions to Dismiss. #35 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Stay #35 is DENIED. However, the Court will grant an extension of time for Plaintiffs to respond to the remaining Motions to Dismiss and for Defendants to reply. Plaintiffs shall file a response to the remaining Motions to Dismiss #27 , #28 , #29 , #30 , #36 on or before December 20, 2019. Defendants shall reply to Plaintiffs Response #38 on or before December 20, 2019. Signed by Chief Judge K. Michael Moore on 11/16/2019. (mgh)
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| Filing 39 SUMMONS (Affidavit) Returned Executed on #15 Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Damon Richards, Arthur L Bustos, Kimberly King. Aviation Training Group of Florida, Inc. served on 10/31/2019, answer due 11/21/2019. (Wolk, William) |
| Filing 38 Plaintiff's RESPONSE to Defendant McCauley Propeller Systems Motion to Dismiss and Motion to Strike by Arthur L Bustos, Kimberly King, Damon Richards. (Attachments: #1 Text of Proposed Order Proposed Order)(Wolk, William) |
| Filing 37 Amended MOTION to Remand by Arthur L Bustos, Kimberly King, Damon Richards. (Attachments: #1 Exhibit EXHIBIT A, #2 Text of Proposed Order Proposed Order)(Wolk, William) |
| Filing 36 MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM by Southeast Turbines, Corp.. Responses due by 11/25/2019 (Savino, Matthew) |
| Filing 35 Plaintiff's MOTION to Stay and memorandum of Law by Arthur L Bustos, Kimberly King, Damon Richards. Responses due by 11/22/2019 (Attachments: #1 Text of Proposed Order Proposed Order)(Wolk, William) |
| Filing 34 Plaintiff's MOTION to Remand by Arthur L Bustos, Kimberly King, Damon Richards. (Attachments: #1 Exhibit EXHIBIT A, #2 Text of Proposed Order Proposed Order)(Wolk, William) |
| Filing 33 NOTICE by Arthur L Bustos, Kimberly King, Damon Richards Scheduling Order (Wolk, William) |
| Filing 32 REPORT REGARDING Joint Conference by Arthur L Bustos, Kimberly King, Damon Richards (Wolk, William) |
| Filing 31 NOTICE of Attorney Appearance by Matthew Savino on behalf of Southeast Turbines, Corp.. Attorney Matthew Savino added to party Southeast Turbines, Corp.(pty:dft). (Savino, Matthew) |
| Filing 30 Defendant's MOTION to Dismiss for Lack of Jurisdiction #15 Amended Complaint , MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM ( Responses due by 11/18/2019) by More Company, Inc.. (Attachments: #1 Affidavit)(Garcia, Carlos) |
| Filing 29 Defendant's MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM by Flight Support Services, LLC, Robert Pierce. Responses due by 11/18/2019 (Levine, Justin) |
| Filing 28 MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM by Aircraft Turbines Works, LLC. Responses due by 11/18/2019 (Robert, Seth) |
| Filing 27 MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM by Palm Beach Aircraft Propellers, Inc.. Responses due by 11/18/2019 (Brown, Christopher) |
| Filing 26 Initial Disclosure(s) of Rule 7.1 Disclosure by Palm Beach Aircraft Propellers, Inc. (Brown, Christopher) |
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Southeast Turbines' Unopposed Motion for Extension of Time to Respond to the Complaint. #23 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion #23 is GRANTED. Defendant Southeast Turbines shall answer or otherwise respond to the Complaint on or before November 11, 2019. Signed by Chief Judge K. Michael Moore on 11/1/2019. (mgh)
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| Set/Reset Answer Due Deadline: Southeast Turbines, Corp. response due 11/11/2019. SEE DE 25 ORDER (ail) |
| Filing 24 Defendant's MOTION TO DISMISS #15 Amended Complaint FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Strike ( Responses due by 11/14/2019) by McCauley Propeller Systems. (Coxhead, Stephen) |
| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #15 Amended Complaint by Southeast Turbines, Corp.. (Attachments: #1 Exhibit)(Daniels, Jeremy) |
| Filing 22 NOTICE of Attorney Appearance by Justin B. Levine on behalf of Aviation Training Group of Florida, Inc.. Attorney Justin B. Levine added to party Aviation Training Group of Florida, Inc.(pty:dft). (Levine, Justin) |
| Filing 21 NOTICE of Attorney Appearance by Lee Miller Cohen on behalf of Flight Support Services, LLC, Robert Pierce. Attorney Lee Miller Cohen added to party Flight Support Services, LLC(pty:dft), Attorney Lee Miller Cohen added to party Robert Pierce(pty:dft). (Cohen, Lee) |
| Filing 20 Summons Issued as to Aviation Training Group of Florida, Inc.. (ail) |
| Filing 19 NOTICE of Filing Proposed Summons(es) Aviation Training Group of Florida by Arthur L Bustos, Kimberly King, Damon Richards (Wolk, William) |
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Filing 18
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs filing of the Amended Complaint. #15 . The Amended Complaint #15 moots Defendants' Motions to Dismiss #7 , #9 , #10 , and #12 . Accordingly, UPON CONSIDERATION of the Amended Complaint #15 , the pertinent portions of the record, and being otherwise fully advised in the premises, Defendants' Motions to Dismiss #7 , #9 , #10 , and #12 are hereby DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 10/22/2019. (mgh)
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #14 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #14 is GRANTED. Michael S. Miska may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to mmiska@airlaw.com and courtfilings@airlaw.com. Signed by Chief Judge K. Michael Moore on 10/22/2019. (mgh)
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| Filing 16 NOTICE of Attorney Appearance by Jeremy Clarke Daniels on behalf of Southeast Turbines, Corp.. Attorney Jeremy Clarke Daniels added to party Southeast Turbines, Corp.(pty:dft). (Daniels, Jeremy) |
| Filing 15 AMENDED COMPLAINT FOR DAMAGES AND JURY TRIAL against All Defendants, filed by Kimberly King. (Attachments: #1 Exhibit EXHIBIT A)(Wolk, William) |
| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael S. Miska. Filing Fee $ 75.00 Receipt # 113C-12080277 by Kimberly King. Responses due by 11/4/2019 (Attachments: #1 Certification Certificate of Good Standing)(Wolk, William) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Palm Beach Aircraft Propellers, Inc.'s Motion for Extension of Time to File Response/Reply/Answer to Complaint. #8 . However, Defendant filed a Motion to Dismiss #9 , which moots Defendant's Motion of Extension of Time. #8 . Accordingly, UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion for Extension of Time to File a Response to the Complaint #8 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 10/17/2019. (mgh)
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| Filing 12 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), ( Responses due by 10/30/2019) by More Company, Inc.. (Attachments: #1 Affidavit of Barry Bangert)(Garcia, Carlos) |
| Filing 11 Clerks Notice to Filer re #8 MOTION for Extension of Time to Respond to Complaint re #1 Notice of Removal (State Court Complaint),. 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) |
| Filing 10 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Flight Support Services, LLC, Robert Pierce. Responses due by 10/29/2019 (Levine, Justin) |
| Filing 9 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Palm Beach Aircraft Propellers, Inc.. Responses due by 10/29/2019 (Brown, Christopher) |
| Filing 8 Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Palm Beach Aircraft Propellers, Inc.. Responses due by 10/29/2019 (Attachments: #1 Text of Proposed Order)(Brown, Christopher) Modified Relief on 10/16/2019 (ls). |
| Filing 7 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Aircraft Turbines Works, LLC. Responses due by 10/28/2019 (Robert, Seth) |
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Filing 6
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES BEFORE UNITED STATES MAGISTRATE JUDGE PATRICK M. HUNT. The parties should carefully review the Order in that it requires expedited briefing, provides for modified page limitations and special conferral requirements before a motion is filed, limits the type of permissible discovery objections as well as modifying other discovery procedures. See attached document for full details. Signed by Magistrate Judge Patrick M. Hunt on 10/11/2019. (sl00)
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| Filing 5 NOTICE by More Company, Inc. re #1 Notice of Removal (State Court Complaint), (Attachments: #1 Exhibit) (Garcia, Carlos) |
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE PATRICK M. HUNT. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Patrick M. Hunt to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Hunt's discovery procedures. Signed by Chief Judge K. Michael Moore on 10/9/2019. (mgh)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 10/9/2019. (mgh)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (ar2) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-12045406, filed by More Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Garcia, Carlos) Modified text on 10/8/2019 (ar2). (State Court Motion to Dismiss filed). |
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