Llanes v. Capital Brands, LLC
Sergio Llanes |
Capital Brands, LLC |
1:2020cv24401 |
October 27, 2020 |
US District Court for the Southern District of Florida |
Darrin P Gayles |
Personal Inj. Prod. Liability |
28 U.S.C. ยง 1332 |
Defendant |
Docket Report
This docket was last retrieved on December 17, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 14 STIPULATION Proposed Scheduling Order Setting Civil Trial Date and Pretrial Schedule by Capital Brands, LLC (Cazin, Christopher) |
Filing 13 First SCHEDULING REPORT - Rule 16.1 by Capital Brands, LLC (Cazin, Christopher) |
Filing 12 First Corporate Disclosure Statement and Certificate of Interested Persons by Capital Brands, LLC identifying Other Affiliate Nutribullet, LLC, Other Affiliate Capital Brands Distribution, LLC, Other Affiliate Capital Brands Holdings, Inc. for Capital Brands, LLC (Cazin, Christopher) |
Filing 11 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before December 17, 2020, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01) |
Filing 10 PAPERLESS ORDER REOPENING CASE Signed by Judge Darrin P. Gayles (hs01) |
Filing 9 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Capital Brands, LLC. (Cazin, Christopher) |
Filing 8 NOTICE of Attorney Appearance by Christopher Albert Cazin on behalf of Capital Brands, LLC. Attorney Christopher Albert Cazin added to party Capital Brands, LLC(pty:dft). (Cazin, Christopher) |
Filing 7 AMENDED COMPLAINT against Capital Brands, LLC, filed by Sergio Llanes.(Lopez, Raphael) |
Filing 6 Summons Issued as to Capital Brands, LLC. (ail) |
Filing 5 PAPERLESS ORDER dismissing Complaint for failure to adequately invoke the Court's subject matter jurisdiction. This cause comes before the Court on a sua sponte review of the Complaint, filed on October 27, 2020. As the Eleventh Circuit has explained, "a limited liability company is a citizen of any state of which a member of the company is a citizen" and thus "[t]o sufficiently allege the citizenship of [an LLC], a party must list the citizenships of all members of the limited liability company." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff has failed to do so with respect to Defendant Capital Brands, LLC and thus has not adequately invoked this Court's subject matter jurisdiction. In addition, in the body of the Complaint, Plaintiff alleges that "Defendant CAPTIAL BRANDS, LLC, is a Florida corporation..." #1 . Accordingly, the Complaint contains inconsistent allegations regarding the Court's subject matter jurisdiction. The Complaint is dismissed without prejudice, and this action is closed for administrative purposes. Plaintiff may move to reopen with a proposed amended complaint on or before November 13, 2020. Signed by Judge Darrin P. Gayles (hs01) |
Filing 4 NOTICE of Filing Proposed Summons(es) by Sergio Llanes (Lopez, Raphael) |
Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (amb) |
Filing 2 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 Edwin G. Torres 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. (amb) |
Filing 1 COMPLAINT against Capital Brands, LLC. Filing fees $ 400.00 receipt number AFLSDC-13763921, filed by Sergio Llanes. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Lopez, Raphael) |
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Plaintiff: Sergio Llanes | |
Represented By: | Raphael Lopez |
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Defendant: Capital Brands, LLC | |
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