Munoz v. Rite Tire of Okeechobee, LLC et al
| Numa Fernando Munoz |
| Rite Tire of Okeechobee, LLC, Manny's Bulk Express, Inc., Synagro South, LLC, Argelio Salazar, Lakeshore Mechanics, Inc., State National Insurance Company, Inc., QEO Group, LLC and QEO Group of Florida, LLC |
| 1:2021cv23746 |
| October 22, 2021 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Edwin G Torres |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
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| Filing 40 Transmittal Letter Sent with Order Remanding to: Circuit Court for the Eleventh Judicial Circuit in and for Miami-Dade County. State Court Case Number: 16-0211832 CA 05 (Attachments: #1 transmittal letter and Order Remanding) (dj) |
Filing 39
Order Remanding Case to State Court, Closing Case. Granting #30 Plaintiff's MOTION to Remand filed by Numa Fernando Munoz. Signed by Chief Judge Cecilia M. Altonaga on 12/20/2021. See attached document for full details. (ps1)
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| Filing 38 REPLY to Response to Motion re #30 Plaintiff's MOTION to Remand filed by Numa Fernando Munoz. (Attachments: #1 Exhibit, #2 Exhibit)(Wolk, William) |
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Filing 37
ORDER granting #34 Motion for Extension of Time to File Response/Reply to Motion. Responses due by 12/7/2021. Signed by Chief Judge Cecilia M. Altonaga on 12/6/2021. See attached document for full details. (ps1)
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| Filing 36 RESPONSE in Opposition re #30 Plaintiff's MOTION to Remand filed by QEO Group of Florida, LLC, QEO Group, LLC, State National Insurance Company, Inc.. Attorney Michelle Alexa Juarez added to party QEO Group of Florida, LLC(pty:dft), Attorney Michelle Alexa Juarez added to party QEO Group, LLC(pty:dft), Attorney Michelle Alexa Juarez added to party State National Insurance Company, Inc.(pty:dft). Replies due by 12/13/2021. (Juarez, Michelle) |
| Filing 35 NOTICE of Mediation Hearing. Mediation Hearing set for 3/11/2022. (Jack, Lewis) |
| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #30 Plaintiff's MOTION to Remand by QEO Group of Florida, LLC, QEO Group, LLC, State National Insurance Company, Inc.. (Attachments: #1 Text of Proposed Order)(Cohen, Jordan) |
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Filing 33
ORDER Scheduling Mediation before Lewis N. Jack, Jr. Mediation Hearing set for 3/11/2022 10:00 AM. The parties are reminded that a report of the mediation is due within seven (7) days of the mediation conference. Signed by Chief Judge Cecilia M. Altonaga on 12/2/2021. See attached document for full details. (wc)
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| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE re #31 Order to Show Cause by State National Insurance Company, Inc., QEO Group of Florida, LLC, QEO Group, LLC. (Attachments: #1 Text of Proposed Order)(Cohen, Jordan) |
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Filing 31
ORDER Order Referring Case to Mediation; the parties shall submit a proposed order scheduling mediation by 12/1/2021. Signed by Chief Judge Cecilia M. Altonaga on 11/30/2021. See attached document for full details. (ps1)
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| Filing 30 Plaintiff's MOTION to Remand by Numa Fernando Munoz. (Attachments: #1 Exhibit Ex 1 - Declaration of Heather Estrada, #2 Exhibit Ex 2 - Rite Tire 2019 Annual Report, #3 Exhibit Rite Tire Motion for Attorney's Fees & Entry of Judgment, #4 Exhibit Rite Tire Return of Service)(Wolk, William) |
| Filing 29 Corporate Disclosure Statement by Rite Tire of Okeechobee, LLC identifying Corporate Parent Rite Tire of Okeechobee, LLC for Rite Tire of Okeechobee, LLC (Garnett, Matthew) |
| Filing 28 NOTICE of Attorney Appearance by Matthew Stanley Garnett on behalf of Rite Tire of Okeechobee, LLC (Garnett, Matthew) |
| Filing 27 NOTICE by Rite Tire of Okeechobee, LLC re #1 Notice of Removal (State Court Complaint), . Attorney Matthew Stanley Garnett added to party Rite Tire of Okeechobee, LLC(pty:dft). (Garnett, Matthew) |
| Filing 26 Second Certificate of Other Affiliates by Numa Fernando Munoz identifying Corporate Parent Rite Tire of Okeechobee, LLC, Corporate Parent Rite Tire of Okeechobee for Numa Fernando Munoz (Eaton, Douglas) |
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Filing 25
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 11/10/2021. See attached document for full details. (mdc)
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Filing 24
ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 9/26/2022 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 9/20/2022 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 1/10/2022. All Discovery due by 5/30/2022. Mediation Deadline 6/6/2022. In Limine Motions due by 7/12/2022. Pre-Trial Motions due by 6/14/2022. Pretrial Stipulation due by 7/12/2022. REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 11/8/2021. See attached document for full details. (ps1)
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| Filing 23 NOTICE by State National Insurance Company, Inc. re #3 Order, Set/Reset Deadlines Notice of Filing State Court Records (Part 2 - Final) (Attachments: #1 State Court Docket, #2 Docket No. 918 (Part 1), #3 Docket No. 918 (Part 2), #4 Docket No. 919-920, #5 Docket No. 921 (Part 1), #6 Docket No. 921 (Part 2), #7 Docket No. 922-1020, #8 Docket No. 1021-1031, #9 Docket No. 1032-1043, #10 Docket No. 1044-1091, #11 Docket No. 1092-1210, #12 Docket No. 1211-1309, #13 Docket No. 1310-1346, #14 Docket No. 1347, #15 Docket No. 1348-1352, #16 Docket No. 1353-1372, #17 Docket No. 1373-1419, #18 Docket No. 1420-1421, #19 Docket No. 1422, #20 Docket No. 1424-1435, #21 Docket No. 1436-1456) (Cohen, Jordan) |
| Filing 22 NOTICE by State National Insurance Company, Inc. re #3 Order, Set/Reset Deadlines Notice of Filing State Court Records (Part 1) (Attachments: #1 State Court Docket, #2 8-12-2016 through 10-17-2016 (No Docket No. Issued), #3 Docket No. 1-52, #4 Docket No. 53-133, #5 Docket No. 134-209, #6 Docket No. 210-343, #7 Docket No. 344-468, #8 Docket No. 469-496, #9 Docket No. 497-511, #10 Docket No. 512-550, #11 Docket No. 551-588, #12 Docket No. 584-644, #13 Docket No. 645-704, #14 Docket No. 705-775, #15 Docket No. 776-855, #16 Docket No. 856-872, #17 Docket No. 873-885, #18 Docket No. 886, #19 Docket No. 887-916, #20 Docket No. 917) (Cohen, Jordan) |
| Filing 21 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by QEO Group of Florida, LLC, QEO Group, LLC, State National Insurance Company, Inc. (Cohen, Jordan) |
| Filing 20 Defendant's Removal Status Report to #3 Order, Set/Reset Deadlines by State National Insurance Company, Inc.. (Cohen, Jordan) |
| Filing 19 Joint SCHEDULING REPORT - Rule 26(f) by Numa Fernando Munoz (Attachments: #1 Text of Proposed Order)(Eaton, Douglas) |
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Filing 18
ORDER denying #16 Motion to Dismiss for Failure to State a Claim; denying as moot #17 Motion for Extension of Time. Plaintiff shall file his motion to remand on or before November 21, 2021. Should the motion to remand be denied, the Court will instruct Plaintiff to respond to the Motion to Dismiss. Signed by Chief Judge Cecilia M. Altonaga on 11/4/2021. See attached document for full details. (ps1)
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| Filing 17 First MOTION for Extension of Time Respond re #16 Defendant's MOTION TO DISMISS #8 Order,, Set Response/Answer Due Deadline, FOR FAILURE TO STATE A CLAIM by Numa Fernando Munoz. Responses due by 11/18/2021 (Eaton, Douglas) |
| Filing 16 Defendant's MOTION TO DISMISS #8 Order,, Set Response/Answer Due Deadline, FOR FAILURE TO STATE A CLAIM by QEO Group of Florida, LLC, QEO Group, LLC, State National Insurance Company, Inc.. Responses due by 11/16/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cohen, Jordan) |
| Filing 15 Defendant's RESPONSE TO THE COURT'S OCTOBER 29, 2021 ORDER by Manny's Bulk Express, Inc.. (Kessler, Edwina) |
| Reset Response/Answer Due Deadline: Lakeshore Mechanics, Inc. response/answer due 11/2/2021; Manny's Bulk Express, Inc. response/answer due 11/2/2021; QEO Group of Florida, LLC response/answer due 11/2/2021; QEO Group, LLC response/answer due 11/2/2021; Rite Tire of Okeechobee, LLC response/answer due 11/2/2021; State National Insurance Company, Inc. response/answer due 11/2/2021; Synagro South, LLC response/answer due 11/2/2021. (ls)(per DE #'s 12-14) |
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Filing 14
PAPERLESS ORDER denying #11 Motion to Dismiss for Failure to State a Claim. Defendants are instructed to comply with the instructions contained in the October 29, 2021 Order [ECF No. 8] by Tuesday, November 2, 2021: separate answers or a combined motion. Signed by Chief Judge Cecilia M. Altonaga (CMA)
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Filing 13
PAPERLESS ORDER denying #10 Motion to Dismiss for Failure to State a Claim. Defendants are instructed to comply with the instructions contained in the October 29, 2021 Order [ECF No. 8] by Tuesday, November 2, 2021: separate answers or a combined motion. Signed by Chief Judge Cecilia M. Altonaga (CMA)
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Filing 12
PAPERLESS ORDER denying #9 Motion to Dismiss for Failure to State a Claim. Defendants are instructed to comply with the instructions contained in the October 29, 2021 Order [ECF No. 8] by Tuesday, November 2, 2021: separate answers or a combined motion. Signed by Chief Judge Cecilia M. Altonaga (CMA)
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| Filing 11 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by QEO Group of Florida, LLC. Attorney Jordan Scott Cohen added to party QEO Group of Florida, LLC(pty:dft). Responses due by 11/12/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cohen, Jordan) |
| Filing 10 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by QEO Group, LLC. Attorney Jordan Scott Cohen added to party QEO Group, LLC(pty:dft). Responses due by 11/12/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cohen, Jordan) |
| Filing 9 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by State National Insurance Company, Inc.. Responses due by 11/12/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Cohen, Jordan) |
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Filing 8
ORDER that on or before October 29, 2021, Defendants shall submit a single combined response or separate answers to the removed Fifth Amended Complaint. Signed by Chief Judge Cecilia M. Altonaga on 10/29/2021. See attached document for full details. (wc)
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| Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement by Numa Fernando Munoz identifying Other Affiliate Plante Law Group for Numa Fernando Munoz (Eaton, Douglas) |
| Filing 6 NOTICE of Attorney Appearance by Douglas Fredric Eaton on behalf of Numa Fernando Munoz (Eaton, Douglas) |
| Filing 5 NOTICE of Attorney Appearance by William Gregg Wolk on behalf of Numa Fernando Munoz. Attorney William Gregg Wolk added to party Numa Fernando Munoz(pty:pla). (Wolk, William) |
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Filing 4
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 11/5/2021. Signed by Chief Judge Cecilia M. Altonaga on 10/25/2021. See attached document for full details. (wc)
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Filing 3
ORDER. Removal Status Report due by 11/5/2021. Signed by Chief Judge Cecilia M. Altonaga on 10/25/2021. See attached document for full details. (wc)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. 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. (jbs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Fifth Amended Complaint) Filing fee $ 402.00 receipt number AFLSDC-15117601, filed by State National Insurance Company, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit, #4 State Docket, #5 Civil Cover Sheet)(Cohen, Jordan) |
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