Ezeiruaku v. CMA CGM LLC et al
Plaintiff: Ozekie N Ezeirurku and Okezie N. Ezeiruaku
Defendant: CMA CGM LLC and ATI ContainerServices
Case Number: 1:2021cv22779
Filed: July 30, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Nature of Suit: Contract: Marine
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 17, 2021 Filing 15 SUR-REPLY to Recent Submission re #13 Response to Motion re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Okezie N. Ezeiruaku. (cds)
September 7, 2021 Filing 14 REPLY to Response to Motion re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by ATI ContainerServices. (Liang, Shanshan)
August 31, 2021 Filing 13 RESPONSE in Opposition re #7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Okezie N. Ezeiruaku. Replies due by 9/7/2021. (cds)
August 27, 2021 Filing 12 Defendant's REPLY to Response to Motion re #6 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by CMA CGM LLC. (Kuylenstierna, Jan)
August 20, 2021 Filing 11 Clerks Non-Entry of Default as to ATI ContainerServices - Motions Terminated: #10 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 8/20/2021. (cds)
August 20, 2021 Filing 10 MOTION for Entry of Default by Okezie N. Ezeiruaku. (cds) Modified Relief on 8/20/2021 (cds).
August 20, 2021 Filing 9 RESPONSE in Opposition re #6 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), filed by Okezie N. Ezeiruaku. Replies due by 8/27/2021. (cds)
August 18, 2021 Opinion or Order Filing 8 PAPERLESS ORDER granting #6 Defendant CMA CGM LLC's Motion to Dismiss. Defendant CMA CGM LLC ("CMA") removed this action from state court on July 30, 2021. On August 2, 2021, CMA moved to dismiss the Complaint. Plaintiff has failed to respond to the motion. Therefore, the Court deems Plaintiff's claims against CMA abandoned. See Jones v. Bank of Am., N.A. , 564 F. App'x 432, 434 (11th Cir. 2014) ("When a party fails to respond to an argument or otherwise address a claim, the Court deems such argument or claim abandoned."). Accordingly, the Motion to Dismiss is GRANTED, and this action is DISMISSED without prejudice against CMA. See A1 Procurement, LLC v. Hendry Corp., No. 11-cv-23582, 2012 WL 6214546, at *3 (S.D. Fla. Dec. 13, 2012) ("Failure to respond to arguments in a motion to dismiss is a sufficient basis to dismiss such claims by default under [] Local Rule [7.1(c)]"); see also S.D. Fla. L.R. 7.1(c) ("[E]ach party opposing a motion shall serve an opposing memorandum of law no later than fourteen (14) days after service of the motion. Failure to do so may be deemed sufficient cause for granting the motion by default."). Signed by Judge Darrin P. Gayles (mcy)
August 18, 2021 Filing 7 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), ( Responses due by 9/1/2021) by ATI ContainerServices. Attorney Shanshan Liang added to party ATI ContainerServices(pty:dft). (Attachments: #1 Exhibit A, #2 Exhibit B)(Liang, Shanshan)
August 2, 2021 Filing 6 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), , Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), by CMA CGM LLC. Responses due by 8/16/2021 (Attachments: #1 Affidavit)(Kuylenstierna, Jan)
August 2, 2021 Filing 5 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 (mcy)
August 2, 2021 Filing 4 NOTICE by CMA CGM LLC (Attachments: #1 Civil Cover Sheet) (Kuylenstierna, Jan)
August 2, 2021 Filing 3 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. (pcs)
July 30, 2021 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. (pcs)
July 30, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Ozekie N. Ezeiruaku, Plaintiff v. CMA CGM LLC and ATI Container Services, Defendants) Filing fee $ 402.00 receipt number AFLSDC-14888947, filed by CMA CGM LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(Kuylenstierna, Jan) No Answer/Motion to Dismiss filed. Modified on 8/2/2021 (pcs).

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Plaintiff: Ozekie N Ezeirurku
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Plaintiff: Okezie N. Ezeiruaku
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Defendant: CMA CGM LLC
Represented By: Jan Michael Kuylenstierna
Represented By: Charles Gullette De Leo
Represented By: Ryon Lyndon Little
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Defendant: ATI ContainerServices
Represented By: Shanshan Liang
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