Vital Pharmaceuticals, Inc. v. Ball Metal Beverage Container Corp.
Plaintiff: VITAL PHARMACEUTICALS, INC., a Florida corporation, d/b/a VPX and Vital Pharmaceuticals, Inc. a Florida corporation doing business as VPX doing business as BANG ENERGY
Defendant: Ball Metal Beverage Container Corp. and Ball Metal Beverage Container Corp. a Colorado Corporation doing business as BALL METAL
Case Number: 0:2020cv62253
Filed: November 4, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Aileen M Cannon
Referring Judge: Patrick M Hunt
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2020 Opinion or Order Filing 18 Administrative Order Closing Case. Any pending motions are DENIED AS MOOT. Motions terminated: #15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Compel Arbitration and to Dismiss or Stay Proceedings filed by Vital Pharmaceuticals, Inc., #16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Compel Arbitration and to Dismiss or Stay Proceedings filed by Vital Pharmaceuticals, Inc., #10 MOTION to Compel Arbitration and to Dismiss or Stay Proceedings filed by Ball Metal Beverage Container Corp., #17 Joint MOTION to Stay filed by Vital Pharmaceuticals, Inc.. Signed by District Judge Aileen M. Cannon on 12/7/2020. See attached document for full details. (lk)
December 4, 2020 Filing 17 Joint MOTION to Stay by Vital Pharmaceuticals, Inc.. Responses due by 12/18/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(Knapp, Scott)
December 1, 2020 Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Compel Arbitration and to Dismiss or Stay Proceedings by Vital Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Knapp, Scott)
November 25, 2020 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Compel Arbitration and to Dismiss or Stay Proceedings by Vital Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Knapp, Scott)
November 25, 2020 Opinion or Order Filing 14 ORDER REASSIGNING CASE to District Judge Aileen M Cannon for all further proceedings, Judge Roy K. Altman no longer assigned to case. Signed by Judge Roy K. Altman on 11/25/2020. See attached document for full details. (bms)
November 25, 2020 Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Ball Metal Beverage Container Corp. (Attachments: #1 Text of Proposed Order)(Ross, Ian)
November 24, 2020 Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Ball Metal Beverage Container Corp. identifying Corporate Parent Ball Packaging, LLC, Other Affiliate Ball Corporation for Ball Metal Beverage Container Corp. (Ross, Ian)
November 18, 2020 Filing 11 STATUS REPORT pursuant to Notice of Court Practice in Removal Cases (ECF No. 6) by Ball Metal Beverage Container Corp. (Ross, Ian)
November 11, 2020 Filing 10 MOTION to Compel Arbitration and to Dismiss or Stay Proceedings by Ball Metal Beverage Container Corp.. Responses due by 11/25/2020 (Attachments: #1 Exhibit 1 - Declaration in Support of Motion to Compel and Ex. A-F)(Ross, Ian)
November 10, 2020 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Unopposed Motion for Extension of Time. If a response is necessary, the Defendant shall file its Answer within seven days after this Court enters an Order on the Motion to Compel Arbitration and Dismiss or Stay Proceedings. Signed by Judge Roy K. Altman on 11/10/2020. (drd)
November 10, 2020 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #5 Amended Complaint/Amended Notice of Removal, by Ball Metal Beverage Container Corp.. (Attachments: #1 Text of Proposed Order)(Ross, Ian)
November 6, 2020 Opinion or Order Filing 7 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 11/26/2020 Signed by Judge Roy K. Altman on 11/5/2020. See attached document for full details. (ebz)
November 6, 2020 Filing 6 NOTICE OF COURT PRACTICE IN REMOVAL CASES (Removal Status Report due by 11/19/2020.) Signed by Judge Roy K. Altman on 11/5/2020. See attached document for full details. (ebz)
November 6, 2020 Filing 5 AMENDED NOTICE OF REMOVAL against VITAL PHARMACEUTICALS, INC., filed by Ball Metal Beverage Container Corp.. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - State Court Filings, #3 Exhibit 3 - State Court Notice of Removal, #4 Civil Cover Sheet, #5 Summon(s))(Ross, Ian)
November 6, 2020 Filing 4 NOTICE of Striking #1 Notice of Removal (State Court Complaint),, filed by Ball Metal Beverage Container Corp. by Ball Metal Beverage Container Corp. (Ross, Ian)
November 6, 2020 Filing 3 Clerks Notice to Filer re #1 Notice of Removal (State Court Complaint). Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (asl)
November 4, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Patrick M. Hunt. 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. (ebz)
November 4, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Vital Pharmaceuticals, Inc. v. Ball Metal Beverage Container Corp., Case No. 20-CA-017030 in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida) Filing fee $ 400.00 receipt number AFLSDC-13812717, filed by Ball Metal Beverage Container Corp.. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - State Court Filings, #3 Exhibit 3 - State Court Notice of Removal, #4 Civil Cover Sheet, #5 Summon(s))(Perez Santiago, Jorge)

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Defendant: Ball Metal Beverage Container Corp.
Represented By: Jorge A Perez Santiago
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Defendant: Ball Metal Beverage Container Corp. a Colorado Corporation doing business as BALL METAL
Represented By: Timothy Andrew Kolaya
Represented By: Ian M. Ross
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Plaintiff: VITAL PHARMACEUTICALS, INC., a Florida corporation, d/b/a VPX
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Plaintiff: Vital Pharmaceuticals, Inc. a Florida corporation doing business as VPX doing business as BANG ENERGY
Represented By: William Everett Baldwin
Represented By: Scott Douglas Knapp
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