Dominique v. KAG Energy, LLC et al
| Simone Dominique |
| KAG Energy, LLC and Raymond Cole |
| 0:2026cv60085 |
| January 14, 2026 |
| U.S. District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Donald M Middlebrooks |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on June 12, 2026. A more recent docket listing may be available from PACER.
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Filing 42
ORDER CLOSING CASE, re Parties' Joint Stipulation of Dismissal with Prejudice DE #41 . Case is CLOSED. All pending motions are DENIED AS MOOT. Signed by Judge Donald M. Middlebrooks on 6/11/2026. See attached document for full details. (blc)
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| Filing 41 STIPULATION of Dismissal with Prejudice by Raymond Cole, KAG Energy, LLC (Attachments: #1 Text of Proposed Order Proposed Order of Dismissal with prejudice)(Riquezes Gete, Oriana) |
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Filing 40
PAPERLESS ORDER SETTING DEADLINE TO FILE CLOSING DOCUMENTS. Plaintiff notified the Court that the Parties have settled this matter (DE #39 ), and the Court congratulates them on reaching an amicable resolution of this case. Consistent with the instructions set forth in the Pretrial Scheduling Order (DE #28 ), appropriate closing documents shall be filed within 10 days, or no later than June 11, 2026. I note that the Notice indicates that the Parties intend to file for dismissal "[u]pon Plaintiff's receipt of the settlement check." I appreciate that the Parties may prefer to wait to close the case until all obligations of the settlement have been met. However, waiting for settlement funds is no impediment to filing closing documents because I will retain jurisdiction to enforce the Parties' settlement if requested to do so via Motion prior to the filing of a self executing Joint Stipulation of Dismissal, or if the Stipulation is expressly made conditional upon my retaining jurisdiction. Therefore I will not wait indefinitely for settlement funds to clear. The dismissal is due in ten days. Until closing documents are filed, the court will expect compliance with all pretrial deadlines. Signed by Judge Donald M. Middlebrooks on 6/1/2026. (kid)
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| Filing 39 NOTICE of Settlement by Simone Dominique (Weatherstone, Alana) |
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Filing 38
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 5/26/2026. See attached document for full details. (blc)
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Filing 37
ORDER REFERRING DISCOVERY MOTIONS. All discovery motions in this matter,including Defendant's recently filed Motion to Compel Production of Documents and Motion to Compel DE #36 , and all future discovery motions, are hereby referred to United States Magistrate Judge Panayotta Augustin-Birch for resolution. Signed by Judge Donald M. Middlebrooks on 5/26/2026. See attached document for full details. (blc)
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| Filing 36 Plaintiff's MOTION to Compel Discovery and Deposition Date by Simone Dominique. Responses due by 6/5/2026. (Attachments: #1 Exhibit Response to Request for Production, #2 Exhibit Proposed Order)(Weatherstone, Alana) |
| Filing 35 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by KAG Energy, LLC. (Riquezes Gete, Oriana) |
| Filing 34 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Raymond Cole. (Riquezes Gete, Oriana) |
| Filing 33 Joint SCHEDULING REPORT - Rule 26(f) by Simone Dominique (Weatherstone, Alana) |
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Filing 32
Order Setting Settlement Conference for 9/10/2026 at 10:00 AM in Fort Lauderdale Division before Magistrate Judge Panayotta D. Augustin-Birch via Zoom Video Teleconference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 4/7/2026. See attached document for full details. (mdl)
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| Filing 31 Second AMENDED COMPLAINT against Raymond Cole, KAG Energy, LLC filed in response to Order Granting Motion for Leave, filed by Simone Dominique.(Weatherstone, Alana) |
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Filing 30
PAPERLESS ORDER granting #29 Plaintiff's Unopposed Motion for Leave to Amend Complaint. The motion was filed prior to the expiration of the Amended Pleadings deadline set forth in the Pretrial Scheduling Order. Leave to amend is therefore appropriate. I note that the proposed Amended Complaint is attached as an Exhibit to Plaintiff's Motion. Pursuant to Local Rule 15.1, it must be separately filed in the court record. Plaintiff's deadline to do so is April 8, 2026. Signed by Judge Donald M. Middlebrooks on 4/6/2026. (kid)
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| Filing 29 Plaintiff's MOTION to Amend/Correct Complaint by Simone Dominique. Responses due by 4/17/2026. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Proposed Order)(Weatherstone, Alana) |
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Filing 28
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 5/14/2026, All Discovery due by 9/3/2026, Joinder of Parties due by 5/14/2026, In Limine Motions due by 9/17/2026, Dispositive Motions due by 9/17/2026, All Pretrial Motions due by 9/17/2026, Joint Pretrial Stipulation due by 10/19/2026, Jury Trial set for 11/16/2026 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks, Calendar Call set for 11/10/2026 01:15 PM before Judge Donald M. Middlebrooks. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 3/25/2026. See attached document for full details. (blc) #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 27 Corporate Disclosure Statement by KAG Energy, LLC identifying Corporate Parent KAG Leasing, Inc., Corporate Parent Kenan Advantage Group, Inc. for KAG Energy, LLC (Riquezes Gete, Oriana) |
| Filing 26 Raymond Cole's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Raymond Cole. (Riquezes Gete, Oriana) |
| Filing 25 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Panayotta D. Augustin-Birch: Scheduling Conference held on 3/25/2026 via Zoom Video Teleconference. Total time in court: 0 hour(s) : 11 minutes. Attorney Appearance(s): Oriana Riquezes Gete, Alana Rae Weatherstone, Edward Randall Nicklaus. (mdl) |
| Filing 24 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 Simone Dominique. Raymond Cole served on 3/5/2026, response/answer due 3/26/2026. (Weatherstone, Alana) |
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Filing 23
OMNIBUS ORDER upon Plaintiff's Motion to Remand DE #8 and Defendant Raymond Cole's Motion to Dismiss DE #7 . ORDERED AND ADJUDGED that: 1) Plaintiffs Motion to Remand DE #8 is DENIED. 2) Defendant Raymond Cole's Motion to Dismiss DE #7 is DENIED. 3) Pursuant to Rule 4(m), Plaintiffs deadline to serve Defendant Cole is extended until April 7, 2026. Failure to effect service by this date may result in dismissal without prejudice of the case against Defendant Cole. Signed by Judge Donald M. Middlebrooks on 3/19/2026. See attached document for full details. (blc)
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Filing 22
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on March 25, 2026, at 9:45 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any request to continue the Scheduling Conference must be made by filing a motion that must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 3/17/2026. (mdl)
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Filing 21
ORDER REFERRING CASE AND SETTING TRIAL DATE: Jury Trial set for 11/16/2026 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks, Calendar Call set for 11/10/2026 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Pursuant to 28 U.S.C. ' 636 (b)(1)(A) and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Panayotta Augustin-Birch to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. Signed by Judge Donald M. Middlebrooks on 3/13/2026. See attached document for full details. (blc) #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 20 SCHEDULING REPORT - Rule 16.1 by KAG Energy, LLC (Attachments: #1 Exhibit A)(Riquezes Gete, Oriana) |
| Filing 19 Summons Issued as to Raymond Cole. (jas) |
| Filing 18 Defendant's RESPONSE TO PLAINTIFFS MEMORANDUM IN FURTHER SUPPORT OF ITS OPPOSITION TO DEFENDANT RAYMOND COLES MOTION TO DISMISS AND REQUEST TO TAKE JUDICIAL NOTICE (D.E. 16) by Raymond Cole. (Riquezes Gete, Oriana) |
| Filing 17 NOTICE of Filing Proposed Summons(es) by Simone Dominique (Weatherstone, Alana) |
| Filing 16 RESPONSE in Opposition re #7 MOTION to Dismiss FOR INSUFFICENT PROCESS, INSUFFICIENT SERVICE OF PORCESS, AND LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, TO QUASH SUBSTITUTED SERVICE AND MEMORANDUM OF LAW filed by Simone Dominique. Replies due by 2/24/2026. (Attachments: #1 Exhibit)(Weatherstone, Alana) |
| Filing 15 RESPONSE in Opposition re #8 Plaintiff's MOTION to Remand to State Court filed by KAG Energy, LLC. Replies due by 2/10/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit Composite Exhibit C)(Riquezes Gete, Oriana) |
| Filing 14 NOTICE of Alana Rae Weatherstone. by Alana Rae Weatherstone (Weatherstone, Alana) |
| Filing 13 RESPONSE in Opposition re #7 MOTION to Dismiss FOR INSUFFICENT PROCESS, INSUFFICIENT SERVICE OF PORCESS, AND LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, TO QUASH SUBSTITUTED SERVICE AND MEMORANDUM OF LAW filed by Simone Dominique. Replies due by 2/5/2026. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Brean, Alana) |
| Filing 12 NOTICE of Striking #10 Response in Opposition to Motion, filed by Simone Dominique by Simone Dominique (Brean, Alana) |
| Filing 11 Clerk's Notice to Filer re #10 Response in Opposition to Motion,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - 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 typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) |
| Filing 10 RESPONSE in Opposition re #7 MOTION to Dismiss FOR INSUFFICENT PROCESS, INSUFFICIENT SERVICE OF PORCESS, AND LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, TO QUASH SUBSTITUTED SERVICE AND MEMORANDUM OF LAW filed by Simone Dominique. Replies due by 2/4/2026. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Brean, Alana) |
| Filing 9 KAG ENERGY, LLC'S ANSWER and Affirmative Defenses to Complaint with Jury Demand by KAG Energy, LLC. (Riquezes Gete, Oriana) |
| Filing 8 Plaintiff's MOTION to Remand to State Court by Simone Dominique. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhbit 2, #3 Exhibit Exhibit 3)(Brean, Alana) |
| Filing 7 MOTION to Dismiss FOR INSUFFICENT PROCESS, INSUFFICIENT SERVICE OF PORCESS, AND LACK OF PERSONAL JURISDICTION, OR IN THE ALTERNATIVE, TO QUASH SUBSTITUTED SERVICE AND MEMORANDUM OF LAW by Raymond Cole. Responses due by 2/2/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Riquezes Gete, Oriana) |
| Filing 6 NOTICE of Attorney Appearance by Oriana Riquezes Gete on behalf of Raymond Cole. Attorney Oriana Riquezes Gete added to party Raymond Cole(pty:dft). (Riquezes Gete, Oriana) |
| Filing 5 SUPPLEMENT to #1 Notice of Removal (State Court Complaint), _ Defendant, KAG Energy, LLC's Supplement to Notice of Removal _ by KAG Energy, LLC (Attachments: #1 Exhibit 5: State Notice of Removal)(Riquezes Gete, Oriana) |
| Filing 4 Defendant's NOTICE _ Defendant, KAG Energy, LLC's Notice of Filing Civil Cover Sheet _ by KAG Energy, LLC re 3 Clerk's Notice to Filer re: Electronic Case (Attachments: #1 Civil Cover Sheet Exhibit A: Civil Cover Sheet) (Riquezes Gete, Oriana) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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 - Simone Dominique vs KAG Energy, LLC & Raymond Cole) Filing fee $ 405.00 receipt number AFLSDC-19120811, filed by KAG Energy, LLC. (Attachments: #1 Exhibit 1 - State Court First Amended Complaint, #2 Exhibit 2, #3 Exhibit 3, #4 Composite Exhibit 4 - State Court Filings, Motion to Dismiss Complaint p. 20)(Riquezes Gete, Oriana). No Answer/Motion to Dismiss First Amended Complaint filed. Modified text on 1/15/2026 (blc). |
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