Joseph v. Divieto Ristorante, LLC
| Marline Joseph |
| Divieto Ristorante, LLC |
| 0:2021cv62147 |
| October 15, 2021 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Other Statutory Actions |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 21 Transmittal Letter Sent with Order to remand to: 17th Judicial Circuit in and for Broward County Florida. State Court Case Number: CACE21017283 (Attachments: #1 Order) (mee) |
Filing 20
ORDER ON JOINT STIPULATION TO REMAND, denying as moot #7 Motion to Quash; denying as moot #7 Motion to Dismiss; granting #10 Motion to Remand to State Court; denying as moot #17 Motion to Stay. Closing Case. Signed by Judge Rodney Smith on 12/10/2021. See attached document for full details. (mee)
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| Filing 19 STIPULATION re #10 MOTION to Remand to State Court , #15 Response in Opposition to Motion Joint Stipulation to Remand by Divieto Ristorante, LLC (Esser, Nicholas) |
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Filing 18
PAPERLESS ORDER denying as moot #13 Motion for Extension of Time to File Response to Motion to Remand. Signed by Judge Rodney Smith on 12/9/2021. (tcl)
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| Filing 17 Agreed MOTION to Stay re #7 Defendant's MOTION to Quash Service MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), for Lack of Standing by Divieto Ristorante, LLC. Responses due by 12/23/2021 (Attachments: #1 Text of Proposed Order)(Zacherl, Francis) |
| Filing 16 Defendant's REPLY to Response to Motion re #7 Defendant's MOTION to Quash Service MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), for Lack of Standing filed by Divieto Ristorante, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zacherl, Francis) |
| Filing 15 RESPONSE in Opposition re #10 MOTION to Remand to State Court filed by Divieto Ristorante, LLC. Replies due by 12/13/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Zacherl, Francis) |
| Filing 14 NOTICE by Divieto Ristorante, LLC re #13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Remand to State Court Notice of Completed Conferral Efforts (Esser, Nicholas) |
| Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION to Remand to State Court by Divieto Ristorante, LLC. (Attachments: #1 Text of Proposed Order)(Zacherl, Francis) |
| Filing 12 RESPONSE in Opposition re #7 Defendant's MOTION to Quash Service MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), for Lack of Standing filed by Marline Joseph. Replies due by 12/6/2021. (Hiraldo, Manuel) |
| Filing 11 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 Marline Joseph. Divieto Ristorante, LLC served on 9/16/2021, response/answer due 11/15/2021. (Hiraldo, Manuel) |
| Filing 10 MOTION to Remand to State Court by Marline Joseph. (Hiraldo, Manuel) |
| Filing 9 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Divieto Ristorante, LLC (Zacherl, Francis) |
| Filing 8 Defendant's Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties . Filed by Divieto Ristorante, LLC (Zacherl, Francis) |
| Filing 7 Defendant's MOTION to Quash Service, MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), for Lack of Standing ( Responses due by 11/29/2021) by Divieto Ristorante, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Zacherl, Francis) |
| Filing 6 Joint SCHEDULING REPORT - Rule 26(f) by Marline Joseph (Attachments: #1 Text of Proposed Order)(Hiraldo, Manuel) |
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Filing 5
PAPERLESS ORDER granting #4 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document Divieto Ristorante, LLC shall file its Response/Answer by 11/15/2021. Signed by Judge Rodney Smith on 10/27/2021. (tcl)
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| Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Divieto Ristorante, LLC. (Attachments: #1 Text of Proposed Order)(Zacherl, Francis) |
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Filing 3
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 11/15/2021. Signed by Judge Rodney Smith on 10/7/2021. See attached document for full details. (mee)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (mee) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Acton Complaint) Filing fee $ 402.00 receipt number AFLSDC-15096900, filed by Divieto Ristorante, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Zacherl, Francis) |
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| Plaintiff: Marline Joseph | |
| Represented By: | Manuel Santiago Hiraldo |
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| Defendant: Divieto Ristorante, LLC | |
| Represented By: | Francis Augustine Zacherl, III |
| Represented By: | Nicholas Hallie Esser |
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