Tobias v. TEREX USA, LLC et al
| Francisco Tobias |
| TEREX USA, LLC and TEREX CORPORATION |
| 0:2026cv60564 |
| February 27, 2026 |
| U.S. District Court for the Southern District of Florida |
| Ed Artau |
| Panayotta D Augustin-Birch |
| Tort Product Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on June 30, 2026. A more recent docket listing may be available from PACER.
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| Filing 43 REPLY in Support of Motion re #10 Renewed MOTION to Dismiss for Lack of Jurisdiction . filed by TEREX CORPORATION. (Attachments: #1 Exhibit Wendy Knowles Deposition, #2 Exhibit Terex USA, LLC 2015 Organizational Chart, #3 Exhibit Composite Exhibit of Climbing Unit Sales Documents, #4 Exhibit Craig Livingston Training Certificates)(Janoski, Jordan) |
| Filing 42 REPLY in Support of Motion re #11 Renewed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . replying to [Doc. 35], Plaintiff's Response in Opposition, filed by TEREX USA, LLC. (Janoski, Jordan) |
Filing 41
PAPERLESS ORDER granting #40 Motion for Extension of Time to File Response/Reply to Motion and granting #40 Motion for Leave to File Excess Pages. Defendant Terex Corporation's Reply to #36 Plaintiff's Response in Opposition is due by 6/30/2026. Defendant Terex Corporation's Reply to #36 Plaintiff's Response in Opposition may have a length of 15 pages (exclusive of title pages, signature blocks, and other portions excluded under the local rule from the page limit calculation). Signed by Judge Ed Artau (mdn)
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| Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #36 Response in Opposition to Motion, and, Unopposed MOTION for Leave to File Excess Pages in Reply Memorandum by TEREX CORPORATION. Responses due by 6/22/2026. (Janoski, Jordan) |
| Filing 39 Witness List PLAINTIFFS WITNESS LIST by Francisco Tobias.. (Garay, Gabriel) |
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Filing 38
PAPERLESS ORDER granting #37 Motion for Extension of Time to File Replies to Plaintiff Francisco Tobias's #35 Response in Opposition and #36 Response in Opposition. Replies to #35 and #36 due by 6/5/2026. Signed by Judge Ed Artau (mdn)
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| Filing 37 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #35 Response in Opposition to Motion by TEREX CORPORATION, TEREX USA, LLC. Responses due by 6/1/2026. (Janoski, Jordan) |
| Filing 36 RESPONSE in Opposition re #10 Renewed MOTION to Dismiss for Lack of Jurisdiction filed by Francisco Tobias. Replies due by 5/21/2026. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Garay, Gabriel) |
| Filing 35 RESPONSE in Opposition re #11 Renewed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Francisco Tobias. Replies due by 5/21/2026. (Garay, Gabriel) |
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Filing 34
PAPERLESS ORDER granting #32 Motion to Strike #31 Reply in Support of Motion. Signed by Judge Ed Artau (mdn)
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| Filing 33 REPLY in Support of Motion re #24 Plaintiff's MOTION for Leave to File SECOND AMENDED COMPLAINT. filed by Francisco Tobias. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Garay, Gabriel) |
| Filing 32 MOTION to Strike #31 Reply in Support of Motion,, by Francisco Tobias. Responses due by 5/27/2026. (Garay, Gabriel) |
| Filing 31 STRICKEN Plaintiff's REPLY in Support of Motion re #24 Plaintiff's MOTION for Leave to File SECOND AMENDED COMPLAINT. PLAINTIFFS REPLY TO DEFENDANTS JOINT RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed by Francisco Tobias. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Garay, Gabriel) Modified on 5/14/2026 (cqs). Per DE 34 . |
| Filing 30 RESPONSE in Opposition re #24 Plaintiff's MOTION for Leave to File SECOND AMENDED COMPLAINT filed by TEREX CORPORATION, TEREX USA, LLC. Replies due by 5/13/2026. (Attachments: #1 Deposition Exhibit 1 - Deposition of James Celentano)(Janoski, Jordan) |
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Filing 29
PAPERLESS ORDER granting #28 Motion for Extension of Time to File Response/Reply to Motion. Plaintiff's Responses due by 5/14/2026. Signed by Judge Ed Artau (mdn)
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| Filing 28 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #10 Renewed MOTION to Dismiss for Lack of Jurisdiction , #11 Renewed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PLAINTIFFS SECOND AGREED MOTION FOR EXTENSION TO RESPOND TO MOTION TO DISMISS by Francisco Tobias. Responses due by 5/11/2026. (Garay, Gabriel) |
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Filing 27
PAPERLESS ORDER Scheduling Mediation before Mediator Larry M. Roth. This Court is in receipt of #26 the Notice of Selection of Mediator and Setting Mediation. It is hereby ORDERED that the mediation conference in this matter shall be held before Larry M. Roth, Esq., at One Orlando Centre, 800 North Magnolia Avenue, Suite 400, Orlando, Florida 32803, starting Tuesday, October 20, 2026, at 9:00 a.m. EST, for an all-day mediation as agreed by the parties. Signed by Judge Ed Artau (mdn)
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| Filing 26 NOTICE of Mediator Selection and Hearing. Selected/Added Larry M Roth as Mediator. Mediation Hearing set for October 20, 2026 at 9:00 a.m. (Eastern). (Garay, Gabriel) |
| Filing 25 Clerk's Notice to Filer re #23 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (pcs) |
| Filing 24 Plaintiff's MOTION for Leave to File SECOND AMENDED COMPLAINT by Francisco Tobias. Responses due by 5/7/2026. (Attachments: #1 Exhibit PLAINTIFF'S SECOND AMENDED COMPLAINT)(Garay, Gabriel) |
| Filing 23 NOTICE OF SELECTION OF MEDIATOR AND SETTING MEDIATION by Francisco Tobias (Garay, Gabriel) |
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Filing 22
PAPERLESS ORDER denying without prejudice #21 Motion to Amend/Correct. The Court finds granting Plaintiff's #21 Motion would be futile because the proposed second amended complaint [21-1] would not comply with the Eleventh Circuit's case law on shotgun pleadings because each count incorporates the allegations of all the preceding paragraphs and counts. See Strategic Income Fund, LLC. v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002). Plaintiff is hereby notified that any future proposed amended pleadings must comply with the Eleventh Circuit's case law on shotgun pleadings. Furthermore, based on the representations in Plaintiff's #21 Motion for Leave to File Second Amended Complaint, it appears the additional discovery that Plaintiff asserted was needed to respond to #10 and #11 has been completed. Accordingly, this Order hereby modifies the deadline of 5/14/2026 set in the Court's previous #19 Order for Plaintiff deadline to respond in opposition to both #10 and #11 . This Order resets Plaintiff's deadline to respond in opposition to both #10 and #11 to now be 4/30/2026. Signed by Judge Ed Artau (mdn)
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| Filing 21 MOTION to Amend/Correct Complaint by Francisco Tobias. Responses due by 4/17/2026. (Attachments: #1 Exhibit Pls Proposed Second Amended Complaint)(Garay, Gabriel) |
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Filing 20
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 3/20/2026. See attached document for full details. (sk01)
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Filing 19
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Calendar Call set for 3/16/2027 01:00 PM before Judge Ed Artau., Jury Trial set for 3/22/2027 10:00 AM before Judge Ed Artau.), ( Mediation Deadline 1/29/2027.). Signed by Judge Ed Artau on 3/19/2026. See attached document for full details. (drz) #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 18
PAPERLESS ORDER granting #17 Motion for Extension of Time to File Response/Reply to Motion. Responses to #10 and #11 due by 5/14/2026. Signed by Judge Ed Artau (mdn)
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| Filing 17 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #10 Renewed MOTION to Dismiss for Lack of Jurisdiction , #11 Renewed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS RENEWED MOTIONS TO DISMISS by Francisco Tobias. Responses due by 3/26/2026. (Garay, Gabriel) |
| Filing 16 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed PLAINTIFFS CERTIFICATE OF INTERESTED PERSONS AND CORPORATE DISCLOSURE STATEMENT by Francisco Tobias (Garay, Gabriel) |
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Filing 15
PAPERLESS ORDER granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Bradley W. Tilton ; granting #14 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Gwendolyn H. Bell. Signed by Judge Ed Artau (mdn)
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| Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gwendolyn H. Bell. Filing Fee $ 250.00 Receipt # AFLSDC-19287598 by Francisco Tobias. Responses due by 3/20/2026. (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Garay, Gabriel) |
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Bradley W. Tilton II. Filing Fee $ 250.00 Receipt # AFLSDC-19287482 by Francisco Tobias. Responses due by 3/20/2026. (Attachments: #1 Text of Proposed Order Order Granting Motion to Appear Pro Hac Vice)(Garay, Gabriel) |
| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by TEREX USA, LLC (Janoski, Jordan) |
| Filing 11 Renewed MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TEREX USA, LLC. Responses due by 3/19/2026. (Janoski, Jordan) |
| Filing 10 Renewed MOTION to Dismiss for Lack of Jurisdiction by TEREX CORPORATION. Responses due by 3/19/2026. (Attachments: #1 Exhibit First Celentano Affidavit, #2 Exhibit Second Celentano Affidavit)(Janoski, Jordan) |
| Filing 9 Certificate of Other Affiliates/Corporate Disclosure Statement by TEREX CORPORATION, TEREX USA, LLC identifying Other Affiliate BlackRock, Inc., Other Affiliate FMR, LLC, Other Affiliate Vanguard Group for TEREX CORPORATION (Janoski, Jordan) |
| Filing 8 Clerk's Notice to Filer re #7 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (drz) |
| Filing 7 Corporate Disclosure Statement Rule 7.1 Disclosure Statement by TEREX CORPORATION, TEREX USA, LLC (Janoski, Jordan) |
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Filing 6
PAPERLESS AMENDED ORDER re 4 Order Requiring Joint Scheduling Report. To the extent there are issues contemplated by Rules 26(f) and 16(b) that the parties have yet to discuss, the parties are hereby DIRECTED to meet for a Local Rule 16.1(b) scheduling conference by Friday, March 6, 2026, in person, by telephone, or by other comparable means for the purposes prescribed by Federal Rule of Civil Procedure 26(f) and Local Rule 16.1(b). Within twenty days following the entry of this order, the parties shall submit to the Court both a written report outlining the discovery plan that shall contain the information required by Local Rule 16.1(b)(2) and an accompanying joint proposed scheduling order that shall contain the information required by Local Rule 16.1(b)(3). Joint Scheduling Report due by 3/23/2026. Signed by Judge Ed Artau (mdn)
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| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by TEREX CORPORATION, TEREX USA, LLC (Janoski, Jordan) |
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Filing 4
PAPERLESS Order Requiring Joint Scheduling Report To the extent there are issues contemplated by Rules 26(f) and 16(b) that the parties have yet to discuss, the parties are hereby DIRECTED to meet for a Local Rule 16.1(b) scheduling conference by Friday, March 6, 2025, in person, by telephone, or by other comparable means for the purposes prescribed by Federal Rule of Civil Procedure 26(f) and Local Rule 16.1(b). Within twenty-one days following the entry of this order, the parties shall submit to the Court both a written report outlining the discovery plan that shall contain the information required by Local Rule 16.1(b)(2) and an accompanying joint proposed scheduling order that shall contain the information required by Local Rule 16.1(b)(3). Joint Scheduling Report due by 3/23/2026 Signed by Judge Ed Artau (mdn)
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| Filing 3 Bar Letter re: Admissions sent to attorney Bradley W. Tilton, II and Gwendolyn H. Bell, mailing date March 2, 2026, (pt) |
| Filing 2 Clerk's Notice of Judge Assignment to Judge Ed Artau. 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. 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. (caw) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - First Amended Complaint) Filing fee $ 405.00 receipt number AFLSDC-19264274, filed by TEREX USA, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - State Court Complaint, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit - First Amended Complaint, #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 - Motion to Dismiss First Amended Complaint, #26 Exhibit - Motion to Dismiss Count IV, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit)(Janoski, Jordan) Modified text on 2/27/2026 (caw). |
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