Smith v. Terex Corporation et al
| Michael T Smith |
| TEREX CORPORATION and TEREX USA, LLC |
| 0:2025cv62644 |
| December 22, 2025 |
| U.S. District Court for the Southern District of Florida |
| Melissa Damian |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 33 Transmittal Letter Sent with Order and Docket sheet to: The Circuit Court of the Seventeenth Judicial Circuit in and for Broward County. State Court Case Number: CACE 24-018176 (amb) |
Filing 32
ORDER granting #9 Motion to Remand to State Court; denying #19 Motion for Leave to File ; denying as moot #20 Motion to Dismiss for Failure to State a Claim; denying as moot #21 Motion to Dismiss for Lack of Jurisdiction; denying as moot #27 Motion for Leave to File ; denying as moot #31 Motion for Extension of Time. Closing Case. Motions Terminated: #27 MOTION for Leave to File Third Amended Complaint filed by Michael T Smith, #21 Renewed MOTION to Dismiss for Lack of Jurisdiction filed by Terex Corporation, #9 Plaintiff's MOTION to Remand to State Court filed by Michael T Smith, #20 Renewed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Terex USA, LLC, #31 Unopposed MOTION for Extension of Time FOR PLAINTIFF TO REPLY TO DEFENDANTS JOINT RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT filed by Michael T Smith, #19 MOTION for Leave to File Sur-Reply to Plaintiff's Motion to Remand filed by Terex Corporation, Terex USA, LLC. Signed by Judge Melissa Damian on 4/30/2026. See attached document for full details. (amb)
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| Filing 31 Unopposed MOTION for Extension of Time FOR PLAINTIFF TO REPLY TO DEFENDANTS JOINT RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT by Michael T Smith. Responses due by 5/13/2026. (Lattimore, William) |
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Filing 30
PAPERLESS ORDER GRANTING #29 Plaintiff's Unopposed Motion for Extension of Time for Plaintiff to File Reply to Defendants' Joint Response in Opposition to Plaintiff's Motion for Leave to File Third Amended Complaint. Finding good cause for the requested extension and noting that it is unopposed, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED nunc pro tunc to April 27, 2026. Plaintiff shall file his Reply in support of #27 Plaintiff's Motion for Leave to File Third Amended Complaint by April 29, 2026. Signed by Judge Melissa Damian on 4/28/2026. (bzy)
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| Set/Reset Deadlines/Hearings as to #27 MOTION for Leave to File Third Amended Complaint, per DE #30 ORDER: Replies due by 4/29/2026. (caw) |
| Filing 29 Unopposed MOTION for Extension of Time TO REPLY TO DEFENDANTS JOINT RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT by Michael T Smith. Responses due by 5/11/2026. (Lattimore, William) |
| Filing 28 RESPONSE in Opposition re #27 MOTION for Leave to File Third Amended Complaint filed by Terex Corporation, Terex USA, LLC. Replies due by 4/27/2026. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Janoski, Jordan) |
| Filing 27 MOTION for Leave to File Third Amended Complaint by Michael T Smith. Responses due by 4/17/2026. (Attachments: #1 Exhibit Plaintiff's Third Amended Complaint, #2 Exhibit Proposed Order)(Lattimore, William) |
| Filing 26 Notice of Pending, Refiled, Related or Similar Actions by Terex Corporation, Terex USA, LLC (Janoski, Jordan) |
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Filing 25
PAPERLESS ORDER GRANTING #24 the parties' Agreed Motion for Extension of Time to Respond to Defendants' Renewed Motions to Dismiss. Finding good cause for the requested extensions and seeing that it is sought jointly, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiff shall file his Responses to #20 #21 Defendants' Renewed Motions to Dismiss by May 14, 2026. Signed by Judge Melissa Damian on 2/11/2026. (bzy)
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| Filing 24 Agreed MOTION for Extension of Time to File Response/Reply/Answer to Defendants' Renewed Motions to Dismiss by Michael T Smith. Responses due by 2/23/2026. (Lattimore, William) |
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Filing 23
ORDER granting #11 Motion to Withdraw as Attorney. Kyle Ryan Jackson, Sr representing Smith, Michael T (Plaintiff) withdrawn from case. Signed by Judge Melissa Damian on 2/6/2026. See attached document for full details. (drz)
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| Filing 22 Certificate of Other Affiliates by Michael T Smith (Lattimore, William) |
| Filing 21 Renewed MOTION to Dismiss for Lack of Jurisdiction by TEREX CORPORATION. Responses due by 2/13/2026. (Attachments: #1 Affidavit First Celentano Affidavit, #2 Affidavit Second Celentano Affidavit)(Janoski, Jordan) |
| Filing 20 Renewed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TEREX USA, LLC. Responses due by 2/13/2026. (Janoski, Jordan) |
| Filing 19 MOTION for Leave to File Sur-Reply to Plaintiff's Motion to Remand by TEREX CORPORATION, TEREX USA, LLC. Responses due by 2/12/2026. (Janoski, Jordan) |
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Filing 18
ORDER granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Craig M. Sico. Signed by Judge Melissa Damian on 1/28/2026. See attached document for full details. (drz)
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| Filing 17 Joint SCHEDULING REPORT - Rule 16.1 by TEREX CORPORATION, TEREX USA, LLC (Janoski, Jordan) |
| Filing 16 REPLY in Support of Motion re #9 Plaintiff's MOTION to Remand to State Court . filed by Michael T Smith. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lattimore, William) |
| Filing 15 Corporate Disclosure Statement pursuant to Rule 7.1 by TEREX CORPORATION, TEREX USA, LLC (Janoski, Jordan) |
| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig M. Sico. Filing Fee $ 250.00 Receipt # AFLSDC-19139371 by Michael T Smith. Responses due by 2/4/2026. (Attachments: #1 Certification)(Lattimore, William) |
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Filing 13
ORDER TO SHOW CAUSE FOR FAILURE TO COMPLY WITH COURT ORDER re #5 Order Requiring Joint Scheduling Report., as to #5 Order Requiring Joint Scheduling Report. ( Joint Scheduling Report due by 1/30/2026) Show Cause Response due by 1/30/2026. Signed by Judge Melissa Damian on 1/20/2026. See attached document for full details. (drz)
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| Filing 12 RESPONSE in Opposition re #9 Plaintiff's MOTION to Remand to State Court filed by TEREX CORPORATION, TEREX USA, LLC. Attorney Jordan Michael Janoski added to party TEREX CORPORATION(pty:dft). Replies due by 1/26/2026. (Janoski, Jordan) |
| Filing 11 MOTION to Withdraw as Attorney by Kyle R. Jackson, Sr. for / by Michael T Smith. Responses due by 1/29/2026. (Jackson, Kyle) |
| Filing 10 NOTICE of Attorney Appearance by William Albergotti Lattimore, II on behalf of Michael T Smith. Attorney William Albergotti Lattimore, II added to party Michael T Smith(pty:pla). (Lattimore, William) |
| Filing 9 Plaintiff's MOTION to Remand to State Court by Michael T Smith. Attorney Kyle Ryan Jackson, Sr added to party Michael T Smith(pty:pla). (Attachments: #1 Exhibit Order)(Jackson, Kyle) |
| Filing 8 STATUS REPORT Removal Status Report by TEREX CORPORATION, TEREX USA, LLC (Murphy, Niels) |
| Filing 7 NOTICE of Attorney Appearance by Niels Patrick Murphy on behalf of TEREX CORPORATION, TEREX USA, LLC. Attorney Niels Patrick Murphy added to party TEREX CORPORATION(pty:dft), Attorney Niels Patrick Murphy added to party TEREX USA, LLC(pty:dft). (Murphy, Niels) |
| Filing 6 Bar Letter re: Admissions sent to attorney Will Lattimore, Craig M. Sico, Cesar Ornelas, Angela Tabares, mailing date December 23, 2025, (nwn) |
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Filing 5
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 1/13/2026 Signed by Judge Melissa Damian on 12/23/2025. See attached document for full details. (drz)
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Filing 4
PAPERLESS ORDER ON COURT PRACTICE IN REMOVAL CASES THIS CAUSE is before the Court upon a sua sponte review of the record.In the event counsel for the non-removing party seeks to file a motion to remand the case based on any defect other than lack of subject matter jurisdiction, such a motion must be filed within thirty (30) days after the filing of the notice of removal under 28 U.S.C. 1446(b). The issue of lack of subject matter jurisdiction may be raised at any time. See 28 U.S.C. 1447(c).Counsel for the removing party is directed to file and serve a Removal Status Report no later than fourteen (14) days from the date of this Order. Failure to file a timely Removal Status Report shall be ground for remand. In addition to the Removal Status Report, counsel for the removing party must file copies of all records in the state court proceedings by that date.The Removal Status Report shall contain the following:1. A plain statement of the nature of the claim and any counterclaim, cross-claim or third-party claim made in state or federal court, including the amount of damages claimed and any other relief sought. 2. A plain statement of the ground for removal and a listing of all parties to the action, including parties to any third-party claim.3. A list of all pending motions.4. A brief statement by each Defendant explaining whether or not each has joined in or consented to the notice of removal.5. A statement regarding whether the Defendant(s) have removed the action within thirty (30) days after the receipt by the Defendant(s), through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within thirty (30) days after service of summons upon the Defendant(s), if such initial pleading has then been filed in court and is not required to be served on the Defendant(s) in the action. If the removing party has provided some or all of the above information, briefly summarize the information requested and direct the Court to the location of the information in the record. Failure of the removing party or parties to timely provide in the Removal Status Report the information requested above, or information required by 28 U.S.C. 1446(a), may result in remand of the action.Counsel for the removing party shall provide copies of this Notice to all concerned parties. Signed by Judge Melissa Damian on 12/22/2025. (bzy)
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| Filing 3 Clerk's Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Melissa Damian. 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. (blc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - PLAINTIFFS SECOND AMENDED COMPLAINT AND JURY DEMAND) Filing fee $ 405.00 receipt number AFLSDC-19064555, filed by TEREX USA, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet for Removal, #2 Exhibit Initial Complaint, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit - SECOND AMENDED STATE COURT COMPLAINT #7 Exhibit - Def. Terex USA MOTION TO DISMISS, #8 Exhibit - Def Terex Corp. MOTION TO DISMISS, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit)(Janoski, Jordan). Modified text on 12/22/2025 (blc). |
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