Constance Joy II, LLC v. MTU America Inc. et al
Plaintiff: Constance Joy II, LLC
Defendant: MTU America Inc., Stewart & Stevenson FDDA LLC d/b/a Florida Detroit Diesel-Allision, MTU America Inc ., and Stewart & Stevenson FDDA LLC a Delaware limited liability company doing business as Florida Detroit Diesel-Allison
Case Number: 0:2020cv61377
Filed: July 8, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Ursula Ungaro
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. § 1333
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 25, 2020 Filing 19 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in SOUTHERN DISTRICT OF TEXAS as case 4:20-cv-02967, filed 08/24/2020. (bb)
August 24, 2020 Opinion or Order Filing 18 ORDER DENYING DEFENDANT MTUs MOTION TO DISMISS AND TRANSFERRING CASE PURSUANT TO DEFENDANT FDDAS MOTION TO DISMISS FOR IMPROPER VENUE. Signed by Judge Ursula Ungaro on 8/24/2020. See attached document for full details. (mee)
August 24, 2020 SYSTEM ENTRY - Case 0:20-cv-61377 electronically transferred out to Texas Western. (mee)
August 24, 2020 SYSTEM ENTRY - Case 0:20-cv-61377 electronically transferred out to Texas Southern. (mee)
August 21, 2020 Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by Constance Joy II, LLC (Attachments: #1 Text of Proposed Order)(Edison, Eric)
August 20, 2020 Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Constance Joy II, LLC. Stewart & Stevenson FDDA LLC served on 6/11/2020, answer due 7/2/2020. (Edison, Eric)
August 20, 2020 Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint),, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Constance Joy II, LLC. MTU America Inc., served on 6/11/2020, answer due 7/2/2020. (Edison, Eric)
August 12, 2020 Filing 14 REPLY to #1 Notice of Removal (State Court Complaint),, Reply Memorandum in Further Support of Motion to Dismiss [which was filed in State Court and contained as an Exhibit to the Notice of Removal] by Stewart & Stevenson FDDA LLC. (Valdes, Michelle)
August 5, 2020 Opinion or Order Filing 13 ORDER GRANTING DEFENDANTS UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF ITS MOTION TO DISMISS,granting #11 Motion for Extension of Time to File Response/Reply to Motion. Re: #12 Response/Reply (Other), filed by MTU America Inc. The Defendant shall have up to and including August 12, 2020 to file its Reply. Signed by Judge Ursula Ungaro on 8/5/2020. See attached document for full details. (mee)
August 5, 2020 Filing 12 REPLY to #1 Notice of Removal (State Court Complaint),, Reply in Support of its Motion to Dismiss Plaintiff's Complaint [which was filed in State Court and contained as an Exhibit to the Notice of Removal] by MTU America Inc.,. (Paul, Christina)
August 5, 2020 Filing 11 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #10 Response to Motion, by Stewart & Stevenson FDDA LLC. (Attachments: #1 Text of Proposed Order 1)(Valdes, Michelle)
July 29, 2020 Filing 10 RESPONSE to Motion re #8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Order, filed by Constance Joy II, LLC. Replies due by 8/5/2020. (Attachments: #1 Affidavit Affidavit in Support of Response in Opposition to Motions to Dismiss)(Edison, Eric)
July 21, 2020 Opinion or Order Filing 9 ORDER, granting #8 Motion for Extension of Time to File. Plaintiff SHALL file its memoranda in opposition to the pending motions to dismiss (D.E. 1-2; D.E. 1-3) on or before July 29, 2020. No further extensions of time will be granted. Signed by Judge Ursula Ungaro on 7/21/2020. See attached document for full details. (mee)
July 20, 2020 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Order, by Constance Joy II, LLC. (Attachments: #1 Text of Proposed Order)(Edison, Eric)
July 10, 2020 Filing 7 NOTICE of Attorney Appearance by Manuel Francisco Valdes on behalf of Stewart & Stevenson FDDA LLC. Attorney Manuel Francisco Valdes added to party Stewart & Stevenson FDDA LLC(pty:dft). (Valdes, Manuel)
July 10, 2020 Opinion or Order Filing 6 ORDER. Plaintiff SHALL file its memoranda in opposition to the pending motions to dismiss (D.E. 1-2; D.E. 1-3) on or before July 22, 2020. Plaintiffs pending Motion to Transfer/Reassign Pending Case to Complex Business Division (D.E. 1-4) is DENIED AS MOOT. Signed by Judge Ursula Ungaro on 7/10/2020. See attached document for full details. (mee)
July 10, 2020 Opinion or Order Filing 5 ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE. Initial Planning and Scheduling Conference set for 9/4/2020 at 10:30 AM in Miami Division before Judge Ursula Ungaro. Joint Planning and Scheduling Report due by 8/21/2020. Signed by Judge Ursula Ungaro on 7/10/2020. See attached document for full details. (mee)
July 10, 2020 Opinion or Order Filing 4 STANDING ORDER ON ZOOM AND OTHER VIDEO-CONFERENCE HEARINGS. Signed by Judge Ursula Ungaro on 7/10/2020. See attached document for full details. (mee)
July 9, 2020 Filing 3 NOTICE of Attorney Appearance by Christina McGinley Paul on behalf of MTU America Inc., (Paul, Christina)
July 8, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. 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. (mee)
July 8, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Constance Joy II, LLC a Delaware Limited Liability Company v. MTU America Inc., a Michigan Corporation and Stewart & Stevenson FDDA LLC, a Delaware Limited Liability Company d/b/a Florida Detroit Diesel-Allision) Filing fee $ 400.00 receipt number AFLSDC-13149508,(motion to dismiss filed) filed by Stewart & Stevenson FDDA LLC d/b/a Florida Detroit Diesel-Allision. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Valdes, Michelle)Text Modified on 7/9/2020 (mee).

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Defendant: MTU America Inc.
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Defendant: Stewart & Stevenson FDDA LLC d/b/a Florida Detroit Diesel-Allision
Represented By: Michelle Otero Valdes
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Defendant: MTU America Inc .,
Represented By: Christina McGinley Paul
Represented By: Joshua Conrad Carpenter
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Defendant: Stewart & Stevenson FDDA LLC a Delaware limited liability company doing business as Florida Detroit Diesel-Allison
Represented By: Michelle Otero Valdes
Represented By: Manuel Francisco Valdes
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Plaintiff: Constance Joy II, LLC
Represented By: Glenn Jerrold Waldman
Represented By: Mark Howard Hildebrandt
Represented By: Jessica Lee Hildebrandt
Represented By: Eric Corey Edison
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