OA FOODS LLC, v. I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., et al
| OA FOODS LLC, a Florida Limited Liability Company |
| INAEXPO USA, LTD. CO., a Florida Limited Liability Company and I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador |
| 1:2021cv20767 |
| February 24, 2021 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| John J O'Sullivan |
| Contract: Other |
| 28 U.S.C. § 1442 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 26 RESPONSE in Opposition re #17 MOTION to Stay re #12 MOTION to Remand to State Court for untimely removal and lack of subject matter jurisdiction filed by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company. Replies due by 4/29/2021. (Vazquez, Jose) |
Filing 25
ORDER REFERRING CASE to Mediation. Signed by Judge Marcia G. Cooke on 4/22/2021. See attached document for full details. (lbc)
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Filing 24
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES. Jury Trial set for 11/21/2022 09:30 AM in Miami Division before Judge Marcia G. Cooke. Calendar Call set for 11/16/2022 03:00 PM before Judge Marcia G. Cooke. Amended Pleadings due by 10/22/2021. Expert Discovery due by 6/15/2022. Fact Discovery due by 11/28/2022. Joinder of Parties due by 10/22/2021. Mediation Deadline 9/15/2022. Dispositive Motions due by 7/1/2022. Motions due by 7/1/2022. Pretrial Stipulation due by 8/1/2022. Signed by Judge Marcia G. Cooke on 4/22/2021. See attached document for full details. (lbc) #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 23
ENDORSED ORDER denying as moot #16 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge Marcia G. Cooke on 4/22/2021. (cpo)
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| Filing 22 NOTICE by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company re #12 MOTION to Remand to State Court for untimely removal and lack of subject matter jurisdiction (Vazquez, Jose) |
| Filing 21 Joint SCHEDULING REPORT - Rule 26(f) by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Vazquez, Jose) |
| Filing 20 Defendant's MOTION TO DISMISS #14 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company. Responses due by 4/27/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(Vazquez, Jose) |
| Filing 19 PROTECTIVE ORDER. Signed by Ch. Magistrate Judge John J. O'Sullivan on 4/13/2021. See attached document for full details. (tro) |
| Filing 18 REPLY to Response to Motion re #12 MOTION to Remand to State Court for untimely removal and lack of subject matter jurisdiction filed by OA FOODS LLC, a Florida Limited Liability Company. Attorney Giancarlo Cellini added to party OA FOODS LLC, a Florida Limited Liability Company(pty:pla). (Cellini, Giancarlo) |
| Filing 17 MOTION to Stay re #12 MOTION to Remand to State Court for untimely removal and lack of subject matter jurisdiction by OA FOODS LLC, a Florida Limited Liability Company. Responses due by 4/22/2021 (Attachments: #1 Exhibit A - Proposed Order Granting Motion to Stay Proceedings Pending Ruling on Motion to Remand)(Assouline, Eric) |
| Filing 16 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #14 Amended Complaint/Amended Notice of Removal, by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company. (Attachments: #1 Exhibit A - Proposed Order)(Vazquez, Jose) |
| Filing 15 RESPONSE in Opposition re #12 MOTION to Remand to State Court for untimely removal and lack of subject matter jurisdiction filed by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company. Replies due by 4/12/2021. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Vazquez, Jose) |
| Filing 14 AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by OA FOODS LLC, a Florida Limited Liability Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vielleville, Daniel) |
| Filing 13 NOTICE of Compliance WITH LOCAL RULE 7.1(a)(3) by OA FOODS LLC, a Florida Limited Liability Company re #12 MOTION to Remand to State Court for untimely removal and lack of subject matter jurisdiction filed by OA FOODS LLC, a Florida Limited Liability Company (Vielleville, Daniel) |
| Filing 12 MOTION to Remand to State Court for untimely removal and lack of subject matter jurisdiction by OA FOODS LLC, a Florida Limited Liability Company. (Attachments: #1 Affidavit Exhibit 1, #2 Exhibit Exhibit 2)(Vielleville, Daniel) |
| Set/Reset Deadlines/Hearings as to #7 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM . Responses due by 3/26/2021 per DE 11 (cbr) |
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Filing 11
ENDORSED ORDER granting #10 Motion for Extension of Time to Amend. Plaintiffs shall respond to Defendants' Motion to Dismiss and file an amended complaint by March 26, 2021. Signed by Judge Marcia G. Cooke on 3/12/2021. (cpo)
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| Filing 10 Unopposed MOTION for Extension of Time to Amend Complaint as a Matter of Right by OA FOODS LLC, a Florida Limited Liability Company. Responses due by 3/22/2021 (Attachments: #1 Text of Proposed Order Order granting unopposed motion for extension of time to filed amended complaint as matter of right)(Vielleville, Daniel) |
| Filing 9 NOTICE of Attorney Appearance by Eric Nissim Assouline on behalf of OA FOODS LLC, a Florida Limited Liability Company. Attorney Eric Nissim Assouline added to party OA FOODS LLC, a Florida Limited Liability Company(pty:pla). (Assouline, Eric) |
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Filing 8
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. REFERRING CASE to Magistrate Judge John J. O'Sullivan appropriate resolution of all non-dispositive pretrial matters, as well as motions for attorneys fees and costs and motions for sanctions, in accordance with 28 U.S.C. 636(b)(1)(A) and (B).. Notice of Court Practice. Signed by Judge Marcia G. Cooke on 2/26/2021. See attached document for full details. (mee)
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| Filing 7 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company. Responses due by 3/12/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(Vazquez, Jose) |
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Filing 6
ENDORSED ORDER denying #5 Motion for Leave to File Excess Pages. Defendants seek leave to file a memorandum of law in support of their motion to dismiss that exceeds the page limit by 5 pages. Defendants have failed to comply with the Southern District of Florida's CM/ECF Administrative Procedures Rule 3I(1) which states that "if a document to be filed requires a motion requesting leave of Court (e.g., an amended complaint, a document to be filed out of time, or a document exceeding the page limitation), the proposed document shall be submitted as a PDF attachment to the motion." Without the proposed memorandum before it, the Court is unable to evaluate whether excess pages are, in fact, necessary. Signed by Judge Marcia G. Cooke on 2/26/2021. (rrt)
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| Filing 5 Unopposed MOTION for Leave to File Excess Pages by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company. (Vazquez, Jose) |
| Filing 3 NOTICE by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador, INAEXPO USA, LTD. CO., a Florida Limited Liability Company re #1 Notice of Removal (State Court Complaint),, Filing of Civil Cover Sheet. Attorney Jose Dario Vazquez added to party INAEXPO USA, LTD. CO., a Florida Limited Liability Company(pty:dft). (Attachments: #1 Exhibit A - Civil Cover Sheet) (Vazquez, Jose) |
| Filing 4 Clerks 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. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan 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. (mee) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - OA FOODS LLC v. I.A.E. INDUSTRIA AGRIGOLA EXPORTADORA INAEXPO, C.A. and INAEXPO USA, LTD. CO.) Filing fee $ 402.00 receipt number AFLSDC-14441293,no answer/affirmative defenses filed by I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador. (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, #18 Exhibit R)(Vazquez, Jose)Text Modified on 2/24/2021 (mee). |
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| Defendant: INAEXPO USA, LTD. CO., a Florida Limited Liability Company | |
| Represented By: | Francisco Oscar Sanchez |
| Represented By: | Jose Dario Vazquez |
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| Defendant: I.A.E. INDUSTRIA AGRICOLA EXPORTADORA INAEXPO,C.A., a Stock Company organized under the Laws of Ecuador | |
| Represented By: | Francisco Oscar Sanchez |
| Represented By: | Jose Dario Vazquez |
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| Plaintiff: OA FOODS LLC, a Florida Limited Liability Company | |
| Represented By: | Andrea Leslie Bos |
| Represented By: | John H. Rooney, Jr. |
| Represented By: | Daniel Eric Vielleville |
| Represented By: | Eric Nissim Assouline |
| Represented By: | Giancarlo Cellini |
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