Mendez Fuel Holdings 3, LLC v. Progressive Waste Solutions of FL, Inc. et al
| Mendez Fuel Holdings 3, LLC |
| Progressive Waste Solutions Ltd, IESI, Progressive Waste Solutions of FL, Inc. and Waste Services, Inc. |
| 1:2015cv24062 |
| October 29, 2015 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade |
| Marcia G Cooke |
| Edwin G Torres |
| Anti-Trust |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 10, 2016. A more recent docket listing may be available from PACER.
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Filing 46
ORDER DISMISSING CASE Closing Case. Motions terminated: #29 MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Progressive Waste Solutions of FL, Inc., #31 MOTION to Dismiss for Lack of Jurisdiction #13 Amended Complaint and Incorporated Memorandum of Law filed by IESI, #42 Second MOTION for Extension of Time to File Response/Reply/Answer as to #30 Amended MOTION to Dismiss #13 Amended Complaint and Incorporated Memorandum of Law, #31 MOTION to Dismiss for Lack of Jurisdiction #13 Amended Complaint a filed by Mendez Fuel Holdings 3, LLC, #30 Amended MOTION to Dismiss #13 Amended Complaint and Incorporated Memorandum of Law filed by Waste Services, Inc., Progressive Waste Solutions of FL, Inc., IESI. Signed by Judge Marcia G. Cooke on 3/10/2016. (tm) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
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Filing 45
ORDER denying as moot #37 Motion for Extension of Time; denying as moot #41 Motion to Stay; denying as moot #44 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s). The pending non-dispositive motions are Denied as moot upon the filing of a notice of Rule 41 dismissal of the action. Docket Order Signed by Magistrate Judge Edwin G. Torres on 3/8/2016. (EGT)
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| Filing 43 NOTICE of Voluntary Dismissal Without Prejudice by Mendez Fuel Holdings 3, LLC (Stephens, James) |
| Filing 42 Second MOTION for Extension of Time to File Response/Reply/Answer as to #30 Amended MOTION to Dismiss #13 Amended Complaint and Incorporated Memorandum of Law, #31 MOTION to Dismiss for Lack of Jurisdiction #13 Amended Complaint and Incorporated Memorandum of Law Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendants' Amended Motion to Dismiss Amended Class Action Complaint and Motion to Dismiss for Lack of Personal Jurisdiction by Mendez Fuel Holdings 3, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Stephens, James) |
| Filing 44 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karin S. Jenson. Filing Fee $ 75.00 Receipt # 117717 by IESI, Progressive Waste Solutions of FL, Inc., Waste Services, Inc.. Responses due by 3/14/2016 (ksa) |
| Filing 41 MOTION to Stay FOR PARTIAL STAY OF DISCOVERY by Progressive Waste Solutions of FL, Inc.. Responses due by 3/7/2016 (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Brady, Julie) |
| Filing 40 NOTICE of Mediator Selection: Ted E. Bandstra selected. Filed/Added by Mendez Fuel Holdings 3, LLC, Ted E. Bandstra. (Harke, Lance) |
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Filing 39
ENDORSED ORDER granting #38 Unopposed Motion for Extension of Time. Plaintiff shall file responses to Defendants Progressive Waste Solutions of Florida, Inc. and Waste Services, Inc.'s #30 Amended Motion to Dismiss and Defendant IESI Corporation's #31 Motion to Dismiss on or before March 1, 2016. Signed by Judge Marcia G. Cooke on 2/16/2016. (yli)
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| Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #30 Amended MOTION to Dismiss #13 Amended Complaint and Incorporated Memorandum of Law by Mendez Fuel Holdings 3, LLC. Attorney Howard Mitchell Bushman added to party Mendez Fuel Holdings 3, LLC(pty:pla). (Attachments: #1 Text of Proposed Order)(Bushman, Howard) |
| Filing 37 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Discovery Requests by Progressive Waste Solutions of FL, Inc.. Responses due by 2/29/2016 (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
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Filing 36
ORDER granting #35 Motion for Protective Order (as modified). Signed by Magistrate Judge Edwin G. Torres on 2/10/2016. (EGT)
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| Filing 35 Joint MOTION for Protective Order (Stipulated Protective Order) by Plaintiff and by IESI, Progressive Waste Solutions of FL, Inc., Waste Services, Inc.. (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
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Filing 34
ENDORSED ORDER granting #33 Unopposed Motion to Incorporate the Arguments Raised in Progressive Waste Solutions of Fl, Inc. and Waste Services, Inc.'s #30 Amended Motion to Dismiss Amended Class Action Complaint and Incorporated Memorandum of Law into IESI Corporation's #31 Motion to Dismiss for Lack of Personal Jurisdiction and Incorporated Memorandum of Law. Progressive Waste Solutions of FL, Inc.'s and Waste Services, Inc.'s arguments raised in their #30 Amended Motion to Dismiss Amended Class Action Complaint and Incorporated Memorandum of Law for failure to state a cause of action are hereby incorporated into IESI Corporation's #31 Motion to Dismiss for Lack of Personal Jurisdiction and Incorporated Memorandum of Law. Signed by Judge Marcia G. Cooke on 2/2/2016. (yli)
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| Filing 33 Unopposed MOTION MOTION TO INCORPORATE THE ARGUMENTS RAISED IN PROGRESSIVE WASTE SOLUTIONS OF FL, INC. AND WASTE SERVICES, INC.'S AMENDED MOTION TO DISMISS AMENDED CLASS ACTION COMPLAINT AND INCORPORATED MEMORANDUM OF LAW [D.E. 30] INTO IESI CORPORATION'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND INCORPORATED MEMORANDUM OF LAW [D.E. 31] re #30 Amended MOTION to Dismiss #13 Amended Complaint and Incorporated Memorandum of Law, #31 MOTION to Dismiss for Lack of Jurisdiction #13 Amended Complaint and Incorporated Memorandum of Law by IESI. (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
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Filing 32
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: ( Jury Trial set for 4/17/2017 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 4/12/2017 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 8/5/2016., Expert Discovery due by 12/16/2016., Fact Discovery due by 11/4/2016., Joinder of Parties due by 8/5/2016., Final proposed jury instructions and verdict form Deadline 4/7/2017., Dispositive Motions due by 11/14/2016., Daubert and Markman Motions due by 12/23/2016., Pretrial Stipulation due by 3/10/2017.), ORDER REFERRING CASE to Mediation. Mediation Deadline 12/30/2016. Signed by Judge Marcia G. Cooke on 2/1/2016. (tm)
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| Filing 31 MOTION to Dismiss for Lack of Jurisdiction #13 Amended Complaint and Incorporated Memorandum of Law by IESI. Attorney Julie Singer Brady added to party IESI(pty:dft). Responses due by 2/16/2016 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brady, Julie) |
| Filing 30 Amended MOTION to Dismiss #13 Amended Complaint and Incorporated Memorandum of Law by Progressive Waste Solutions of FL, Inc., Waste Services, Inc., IESI. Attorney Julie Singer Brady added to party Waste Services, Inc.(pty:dft). Responses due by 2/16/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Composite))(Brady, Julie) |
| Filing 29 MOTION TO DISMISS #13 Amended Complaint FOR FAILURE TO STATE A CLAIM by Progressive Waste Solutions of FL, Inc.. Responses due by 2/16/2016 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brady, Julie) |
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Filing 28
ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters Signed by Judge Marcia G. Cooke on 1/28/2016. (tm)
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| Filing 27 Initial Disclosure(s) of Defendants by Progressive Waste Solutions of FL, Inc. (Brady, Julie) |
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Filing 26
ORDER OF RECUSAL. Senior Judge James Lawrence King recused. Case reassigned to Judge Marcia G. Cooke for all further proceedings Signed by Senior Judge James Lawrence King on 1/21/2016. (vp)
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| Filing 25 SCHEDULING REPORT - Rule 16.1 by Progressive Waste Solutions of FL, Inc. (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
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Filing 24
ORDER terminating #20 Motion for Extension of Time to File Response/Reply/Answer. Motion for Extension of Time #20 was stricken by Notice of Striking #21 . Signed by Senior Judge James Lawrence King (rdp)
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Filing 23
ORDER Granting #22 Motion for Extension of Time to File Answer to a Complaint or Other Case Initiating Document All Defendants. Re: #13 Amended Complaint filed by Mendez Fuel Holdings 3, LLC. Signed by Senior Judge James Lawrence King on 1/11/2016. (jw)
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| Filing 22 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Amended Complaint by Progressive Waste Solutions of FL, Inc.. (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
| Filing 21 NOTICE of Striking #20 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Amended Complaint filed by Progressive Waste Solutions of FL, Inc. by Progressive Waste Solutions of FL, Inc. (Brady, Julie) |
| Filing 20 STRICKEN Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Amended Complaint by Progressive Waste Solutions of FL, Inc.. (Attachments: #1 Text of Proposed Order)(Brady, Julie) Modified text per #21 Notice of Striking on 1/11/2016 (yha). |
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Filing 19
ORDER granting #16 Motion for Extension of Time to Complete Rule 26(f) Conference. Signed by Senior Judge James Lawrence King on 1/6/2016. (ch1)
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Filing 18
ORDER terminating #12 Motion. Unopposed MOTION to Incorporate Arguments raised in Progressive Waste Solutions of Fl., Inc.'s Motion to Dismiss Class Action Complaint and Incorporated Memorandum of Law was terminated on January 5, 2016 by #15 ORDER Denying As Moot Motion to Dismiss. Signed by Senior Judge James Lawrence King (rdp)
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Filing 17
ORDER terminating #10 Motion to Dismiss for Failure to State a Claim. Motion to Dismiss for Failure to State a Claim was terminated by #15 ORDER Denying As Moot Motion to Dismiss. Signed by Senior Judge James Lawrence King (rdp)
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| Filing 16 Unopposed MOTION for Extension of Time to Complete Rule 26(f) Conference by Progressive Waste Solutions of FL, Inc.. Responses due by 1/22/2016 (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
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Filing 15
ORDER Denying As Moot #11 Motion to Dismiss for Lack of Jurisdiction. Signed by Senior Judge James Lawrence King on 1/4/2016. (jw)
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| Filing 14 NOTICE of Voluntary Dismissal without prejudice by Mendez Fuel Holdings 3, LLC (Stephens, James) |
| Filing 13 First AMENDED COMPLAINT against Progressive Waste Solutions of FL, Inc., filed by Mendez Fuel Holdings 3, LLC.(Stephens, James) |
| Filing 12 Unopposed MOTION to Incorporate Arguments raised in Progressive Waste Solutions of Fl., Inc.'s Motion to Dismiss Class Action Complaint and Incorporated Memorandum of Law [D.E. 10] into Progressive Waste Solutions Ltd's Motion to Dismiss for Lack of Personal Jurisdiction and Incorporated Memorandum of Law [D.E 11] re #11 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), [D.E. 001-4], #10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION TO DISMISS CLASS ACTION COMPLAINT [D.E. 001-4] by Progressive Waste Solutions Ltd, Progressive Waste Solutions of FL, Inc.. (Attachments: #1 Text of Proposed Order)(Brady, Julie) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), [D.E. 001-4] by Progressive Waste Solutions Ltd. Responses due by 12/28/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Brady, Julie) |
| Filing 10 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION TO DISMISS CLASS ACTION COMPLAINT [D.E. 001-4] by Progressive Waste Solutions of FL, Inc.. Responses due by 12/28/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Brady, Julie) |
| Filing 9 NOTICE of Attorney Appearance by Herman Joseph Russomanno, III on behalf of Progressive Waste Solutions Ltd, Progressive Waste Solutions of FL, Inc.. Attorney Herman Joseph Russomanno, III added to party Progressive Waste Solutions Ltd(pty:dft), Attorney Herman Joseph Russomanno, III added to party Progressive Waste Solutions of FL, Inc.(pty:dft). (Russomanno, Herman) |
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Filing 8
ORDER Granting #7 Motion to Appear Pro Hac Vice (Daniel J. Buzzetta, Esq.), Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Senior Judge James Lawrence King on 11/23/2015. (jw)
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| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel J. Buzzetta. Filing Fee $ 75.00. Receipt # 111990. (ksa) |
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Filing 6
ORDER Granting #5 Unopposed Motion for Extension of Time. Responses due by 12/10/2015. Signed by Senior Judge James Lawrence King on 11/6/2015. (jw)
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| Filing 5 Unopposed MOTION for Extension of Time to respond to the Complaint on or before December 10, 2015 by Progressive Waste Solutions of FL, Inc.. Responses due by 11/23/2015 (Attachments: #1 Text of Proposed Order)(Linscott, Jerry) |
| Filing 4 Corporate Disclosure Statement by Progressive Waste Solutions of FL, Inc. identifying Corporate Parent Waste Services, Inc. for Progressive Waste Solutions of FL, Inc. (Linscott, Jerry) |
| Filing 3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. (vjk) |
| Filing 2 Judge Assignment to Senior Judge James Lawrence King (vjk) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fees $ 400.00 receipt number 113C-8205372, filed by Progressive Waste Solutions Ltd, Progressive Waste Solutions of FL, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 to Notice of Removal, #3 Exhibit 2 to Notice of Removal, #4 Exhibit 3 to Notice of Removal - State Court file, #5 Exhibit 4 to Notice of Removal)(Linscott, Jerry) |
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