Eagle Trace Inc et al v. Sendas S.A. Co et al
| Eagle Trace Inc, Gary L Bingham and Eagle Trace Inc doing business as Bargain Warehouse |
| Sendas S.A. Co and Adrian Rivera |
| 1:2019cv20177 |
| January 14, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 19, 2019. A more recent docket listing may be available from PACER.
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Filing 21
ENDORSED ORDER granting #19 Defendants' Sendas, S.A., Co., and Adrian Rivera, Motion to Dismiss under Fed. R. Civ. P. 12(b)(6). Plaintiffs have failed to respond to the Motion within the time permitted by the rules. See S.D. Fla. L.R. 7.1(c). The Complaint contained within the Notice of Removal #1 is dismissed without prejudice. Signed by Judge Darrin P. Gayles on 2/19/2019. (isc)
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| Filing 20 CERTIFICATE OF SERVICE by Adrian Rivera, Sendas S.A. Co re #19 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW, #18 Notice of Attorney Appearance, (Caldwell, Charles) |
| Filing 19 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by Adrian Rivera, Sendas S.A. Co. Responses due by 2/14/2019 (Caldwell, Charles) |
| Filing 18 NOTICE of Attorney Appearance by Charles McCormack Caldwell, II on behalf of Adrian Rivera, Sendas S.A. Co. Attorney Charles McCormack Caldwell, II added to party Adrian Rivera(pty:dft), Attorney Charles McCormack Caldwell, II added to party Sendas S.A. Co(pty:dft). (Caldwell, Charles) |
| Filing 17 Bar Letter re: Admissions sent to attorney J. Rutledge Young, III and Nicholas G. Green, mailing date January 14, 2019, (pt) |
| Filing 16 Bar Letter re: Admissions sent to attorney Reese R Boyd, III, mailing date January 14, 2019, (pt) |
| Filing 15 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 1/14/2019. (isc) |
| Filing 14 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (bb) |
| Filing 13 Case transferred in from South Carolina; Case Number 4:18-cv-00934. Electronic file including transfer order and docket sheet received. .(bb). |
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Filing 11
ORDER: The Court GRANTS Defendants' motion to transfer venue to the Southern District of Florida, [ECF No. #6 ], and TRANSFERS this case to the Southern District of Florida. Signed by the Honorable R Bryan Harwell on 01/11/2019. (lsut, )
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| Filing 10 REPLY to Response to Motion re #6 MOTION to Transfer Case or to Dismiss Response filed by Adrian Rivera, Sendas S.A. Co. (Attachments: #1 Exhibit A - Affidavit of Adrian Rivera, #2 Exhibit B - Supplemental Filing of Exhibits to Complaint)(Green, Nicholas) |
| Filing 9 RESPONSE in Opposition re #6 MOTION to Transfer Case or to Dismiss Response filed by Gary L Bingham, Eagle Trace Inc.Reply to Response to Motion due by 5/4/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit of Gary L. Bingham, #2 Exhibit - Email from Adrian Rivera)(Boyd, Reese) Modified on 4/30/2018 to add descriptions to attachments (lsut, ). |
| Filing 8 NOTICE of Appearance by Nicholas G Green on behalf of Adrian Rivera, Sendas S.A. Co (Green, Nicholas) |
| Filing 7 Local Rule 26.01 Answers to Interrogatories by Eagle Trace Inc.(Boyd, Reese) |
| Filing 6 MOTION to Transfer Case or to Dismiss by Adrian Rivera, Sendas S.A. Co. Response to Motion due by 4/27/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - April 18, 2017 Contract, #2 Exhibit B - The Bargain Warehouse Website, #3 Memo in Support)No proposed order.(Young, J) |
| Filing 5 CERTIFICATE OF SERVICE by Adrian Rivera and Sendas S.A. Co. Re: #1 Notice of Removal, #3 Local Rule 26.01 Answers to Interrogatories, #4 Local Rule 26.01 Answers to Interrogatories. (lsut, ) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by Sendas S.A. Co. (lsut, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Adrian Rivera. (lsut, ) |
| Filing 1 NOTICE OF REMOVAL from Horry County Court of Common Pleas, case number 2017-CP-26-07817 (filing fee $400 receipt number 0420-7707068), filed by Sendas S.A. Co, Adrian Rivera. (Attachments: #1 Ex. A - State Court Summons and Complaint, #2 Ex. B - Affidavit of Service as to Sendas, #3 Ex. C - Affidavit of Service as to Adrian Rivera) (lsut, ) |
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