FLAMINGO SUNRISE INVESTMENT, LLC v. AMAZON RETAIL LLC et al
| FLAMINGO SUNRISE INVESTMENT, LLC |
| AMAZON RETAIL LLC and Amazon.com, Inc. |
| 0:2023cv61337 |
| July 13, 2023 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Robin L Rosenberg |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
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Filing 35
PAPERLESS ORDER granting #34 Motion for Extension of Time. Reply due 9/15/2023. Signed by Judge Robin L. Rosenberg (dt00)
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| Filing 34 Consent MOTION for Extension of Time To File Reply in Support of Motion to Dismiss re #32 Memorandum by AMAZON RETAIL LLC, Amazon.com, Inc.. Responses due by 9/20/2023 (Attachments: #1 Text of Proposed Order)(Cooney, Mallory) |
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Filing 33
PAPERLESS ORDER granting #31 Motion for Extension of Time. The parties shall complete mediation on or before 10/23/2023. Signed by Judge Robin L. Rosenberg (dt00)
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| Filing 32 MEMORANDUM in Opposition to Motion to Dismiss Complaint by FLAMINGO SUNRISE INVESTMENT, LLC. (Reyes, Ricardo) |
| Reset Deadlines Per DE#33. Mediation Deadline 10/23/2023. (cqs) |
| Filing 31 Joint MOTION for Extension of Time to Complete Mediation (through October 23, 2023) by FLAMINGO SUNRISE INVESTMENT, LLC. Responses due by 9/11/2023 (Attachments: #1 Exhibit Agreed Order on Joint Motion for Extension of Time)(Reyes, Ricardo) |
| Filing 30 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Glenn J Waldman as Mediator. Mediation Hearing set for 10/23/2023 AT 11:00am. (Reyes, Ricardo) |
| Filing 29 NOTICE of Compliance by AMAZON RETAIL LLC, Amazon.com, Inc. re #23 Order on Motion to Seal (Cooney, Mallory) |
| Filing 27 AMENDED NOTICE OF REMOVAL against Amazon.com, Inc., AMAZON RETAIL LLC, filed by Amazon.com, Inc., AMAZON RETAIL LLC. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Docket Sheet, #15 Summon(s), #16 Civil Cover Sheet)(Cooney, Mallory) (Main Document 27 replaced on 8/18/2023) (drz). |
| SYSTEM ENTRY - Docket Entry 28 [misc] restricted/sealed until further notice. (1651287) |
| Set/Reset Deadlines/Hearings per order de#26 as to #19 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), . Responses due by 9/1/2023 (drz) |
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Filing 26
PAPERLESS ORDER granting #25 Motion for Extension of Time to Respond to #19 Motion to Dismiss. Response due 9/1/2023. Signed by Judge Robin L. Rosenberg (dt00)
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| Filing 25 Plaintiff's MOTION for Extension of Time to File its Response to Motion to Dismiss re #19 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by FLAMINGO SUNRISE INVESTMENT, LLC. Responses due by 8/31/2023 (Attachments: #1 Exhibit Exhibit A - Order on Plaintiff's Unopposed Motion for Extension of Time)(Alvarez, Adrian) |
| Filing 24 Clerk's NOTICE of Compliance re #23 Order on Motion to Seal. DE 1-1 and 1-2 Sealed. (pcs) |
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Filing 23
ORDER ON JOINT MOTION TO SEAL EXHIBIT TO PLAINTIFF'S COMPLAINT granting #21 Motion to Seal. Signed by Judge Robin L. Rosenberg on 8/16/2023. See attached document for full details. (pcs)
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| Filing 22 Joint NOTICE by FLAMINGO SUNRISE INVESTMENT, LLC re #15 Scheduling Order,,,,, Order Referring Case to Magistrate Judge,,,,, Order Referring Case to Mediation,,,, to Extend Pretrial Deadline to Select Mediator and Date of Mediation (Alvarez, Adrian) |
| Filing 21 Joint MOTION to Seal per Local Rule 5.4 by AMAZON RETAIL LLC, Amazon.com, Inc.. (Cooney, Mallory) |
| Filing 20 PAPERLESS Minute Entry for proceeding held before US Magistrate Judge Panayotta D Augustin-Birch: Initial Pretrial Conference held on 8/7/2023. Total time in court: 0 hours : 10 minutes. Attorney Appearances: Mallory Meagan Cooney, Adrian Jorge Alvarez. (sk01) |
| Filing 19 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by AMAZON RETAIL LLC, Amazon.com, Inc.. Responses due by 8/18/2023 (Cooney, Mallory) |
| Filing 18 PAPERLESS ORDER SETTING PRETRIAL CONFERENCE: A Pretrial Conference under Fed. R. Civ. P. 16(a) is set in this matter on August 7, 2023, at 2:00 p.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel must appear by both audio and video. Any motion to continue the Pretrial Conference must include at least three alternative dates on which all counsel are available for a rescheduled Pretrial Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 7/31/2023. (sk01) |
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Filing 17
ORDER Setting Discovery Status Conference and Requiring Joint Discovery Status Report. A Discovery Status Conference via Zoom Video Teleconference is set for December 19, 2023, at 2:00 p.m. in the Fort Lauderdale Division before US Magistrate Judge Panayotta D Augustin-Birch. A Joint Discovery Status Report is due by December 12, 2023. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 7/29/2023. See attached document for full details. (sk01)
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Filing 16
ORDER SETTING DISCOVERY PROCEDURES. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 7/29/2023. See attached document for full details. (sk01)
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Filing 15
SCHEDULING ORDER: Jury Trial set for 9/9/2024 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg; Calendar Call set for 9/4/2024 10:30 AM in West Palm Beach Division before Judge Robin L. Rosenberg; Status Conference set for 7/24/2024 10:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. Fact Discovery due by 1/19/2024, Expert Discovery due by 3/22/2024, Dispositive Motions due by 5/6/2024. ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for all pro hace vice motions, pretrial motions related to discovery. ORDER REFERRING CASE to Mediation (Mediation Deadline 10/1/2023.) Signed by Judge Robin L. Rosenberg on 7/27/2023. See attached document for full details. (mno) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by FLAMINGO SUNRISE INVESTMENT, LLC (Alvarez, Adrian) |
| Filing 13 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 FLAMINGO SUNRISE INVESTMENT, LLC. AMAZON RETAIL LLC served on 6/23/2023, response/answer due 8/4/2023. (Reyes, Ricardo) |
| Filing 12 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 FLAMINGO SUNRISE INVESTMENT, LLC. Amazon.com, Inc. served on 6/23/2023, response/answer due 8/4/2023. (Reyes, Ricardo) |
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Filing 11
ORDER OF REFERENCE TO MAGISTRATE JUDGE AND ORDER OF COURT-MANDATED REQUIREMENTS ON SERVICE, DEFAULTS, AND JOINT SCHEDULING REPORTS.REFERRING CASE to Magistrate Judge Panayotta Augustin-Birch for all discovery. Order Requiring Joint Scheduling Report Signed by Judge Robin L. Rosenberg on 7/20/2023. See attached document for full details. (mee)
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| Filing 10 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by FLAMINGO SUNRISE INVESTMENT, LLC (Reyes, Ricardo) |
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Filing 9
PAPERLESS ORDER granting #6 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document All Defendants. Response to Complaint due 8/4/2023. Signed by Judge Robin L. Rosenberg (dt00)
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Filing 8
ORDER OF RECUSAL. Judge Raag Singhal recused. Case reassigned to Judge Robin L. Rosenberg for all further proceedings. Signed by Judge Raag Singhal on 7/19/2023. See attached document for full details. (yar)
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| Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement by AMAZON RETAIL LLC, Amazon.com, Inc. identifying Other Affiliate Amazon.com Sales, Inc., Other Affiliate Amazon.com Services LLC, Other Affiliate Amazon Retail US Holdings, LLC, Other Affiliate Walnut Sub Enterprises LLC for AMAZON RETAIL LLC (Cooney, Mallory) |
| Filing 6 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by AMAZON RETAIL LLC, Amazon.com, Inc.. (Attachments: #1 Text of Proposed Order)(Cooney, Mallory) |
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Filing 5
Order Requiring Scheduling Report Signed by Judge Raag Singhal on 7/14/2023. See attached document for full details. (nwn)
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Filing 4
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 7/14/2023. (am00)
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| Filing 3 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses).Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 7/14/2023. (am00) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16763893, filed by Amazon.com, Inc., AMAZON RETAIL LLC. (Attachments: #1 State Court Complaint/Exhibit Part 1 of 2, #2 Exhibit Part 2 of 2, #3 Civil Cover Sheet)(Cooney, Mallory) No Answer/Motion To Dismiss Filed. Modified text & attachment description on 7/14/2023 (nwn). |
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