Cruz v. Ferguson Enterprises, LLC et al
Plaintiff: Javier Cruz
Defendant: Ferguson Enterprises, LLC, Amerigas Propane, Inc. and AmeriGas Propane, L.P.
Case Number: 1:2022cv21135
Filed: April 13, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Darrin P Gayles
Referring Judge: Edwin G Torres
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 10, 2022 Filing 21 Amended Certificate of Other Affiliates/Corporate Disclosure Statement by AmeriGas Propane, L.P., Amerigas Propane, Inc. identifying Corporate Parent UGI Corporation, Corporate Parent Amerigas, Inc. for Amerigas Propane, Inc.; Corporate Parent UGI Corporation, Corporate Parent Amerigas Propane, Inc for AmeriGas Propane, L.P. (Bedard, Benjamin)
June 6, 2022 Opinion or Order Filing 20 SCHEDULING ORDER Setting Civil Trial Date and Pretrial Schedule: ( Trial set for 9/11/2023 in Miami Division before Judge Darrin P. Gayles., Telephonic Calendar Call set for 9/6/2023 at 9:30 AM in Miami Division before Judge Darrin P. Gayles., Telephonic Status Conference set for 6/14/2023 at 10:00 AM in Miami Division before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 5/31/2023.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Darrin P. Gayles on 6/6/2022. See attached document for full details. (pes) #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.
June 6, 2022 Filing 19 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Javier Cruz (Cleary, Sean)
June 6, 2022 Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement by AmeriGas Propane, L.P., Amerigas Propane, Inc. identifying Corporate Parent UGI Corporation, Corporate Parent AmeriGas Partners, L.P., Corporate Parent Amerigas Inc., Other Affiliate AmeriGas Propane, L.P. for Amerigas Propane, Inc.; Corporate Parent UGI Corporation, Corporate Parent Amerigas Propane, Inc, Other Affiliate AmeriGas Partners, L.P., Other Affiliate Amerigas Propane GP, LLC, Other Affiliate Amerigas Eagle Holdings, Inc for AmeriGas Propane, L.P. (Bedard, Benjamin)
June 6, 2022 Filing 17 Joint SCHEDULING REPORT - Rule 26(f) by AmeriGas Propane, L.P., Amerigas Propane, Inc. (Bedard, Benjamin)
June 6, 2022 Filing 16 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Ferguson Enterprises, LLC (Schindler, Andrew)
June 6, 2022 Filing 15 Joint SCHEDULING REPORT - Rule 26(f) by AmeriGas Propane, L.P., Amerigas Propane, Inc. (Bedard, Benjamin)
May 16, 2022 Opinion or Order Filing 14 PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before June 6, 2022, 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. (Joint Scheduling Report due by 6/6/2022). Signed by Judge Darrin P. Gayles on 5/16/2022. (ed00)
May 13, 2022 Filing 13 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by AmeriGas Propane, L.P.. Attorney Benjamin Lawrence Bedard added to party AmeriGas Propane, L.P.(pty:dft). (Bedard, Benjamin)
May 13, 2022 Filing 12 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Amerigas Propane, Inc.. (Bedard, Benjamin)
May 12, 2022 Filing 11 Defendant Ferguson Enterprises, LCC's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Ferguson Enterprises, LLC. (Schindler, Andrew)
April 28, 2022 Filing 10 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): AmeriGas Propane, L.P.. (Cleary, Sean)
April 28, 2022 Filing 9 Clerks Notice to Filer re #8 Amended Complaint/Amended Notice of Removal. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties. (drz)
April 28, 2022 Filing 8 First AMENDED COMPLAINT FOR DAMAGES against All Defendants filed in response to Order Granting Motion for Leave, filed by Javier Cruz.(Cleary, Sean)
April 27, 2022 Set Deadlines/Hearings per DE# 7 . Amended Complaint due by 4/29/2022. (drz)
April 27, 2022 Opinion or Order Filing 7 PAPERLESS ORDER granting Plaintiff's #6 Unopposed Motion for Leave to File First Amended Complaint and denying as moot #5 Defendants' Joint Unopposed Motion for Extension of Time to Respond to Complaint. Plaintiff shall file the First Amended Complaint as a separate docket entry on or before April 29, 2022. Pursuant to Federal Rule of Civil Procedure 15(a)(3), Defendants' response to the First Amended Complaint is due on or before May 13, 2022. Signed by Judge Darrin P. Gayles on 4/27/2022. (jsi)
April 21, 2022 Filing 6 Unopposed MOTION to Amend/Correct by Javier Cruz. Responses due by 5/5/2022 (Attachments: #1 Exhibit Exhibit 1 - First Amended Complaint, #2 Text of Proposed Order)(Cleary, Sean)
April 20, 2022 Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Amerigas Propane, Inc., Ferguson Enterprises, LLC. Attorney Andrew R. Schindler added to party Amerigas Propane, Inc.(pty:dft). (Schindler, Andrew)
April 20, 2022 Opinion or Order Filing 4 PAPERLESS ORDER. On or before April 25, 2022, the parties shall separately refile any pending motions previously filed in state court. Signed by Judge Darrin P. Gayles on 4/20/2022. (jsi)
April 19, 2022 Filing 3 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 4/19/2022. (jsi)
April 13, 2022 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. (mab)
April 13, 2022 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-15557890, filed by Ferguson Enterprises, LLC. No Answer Filed/ No Motion to Dismiss Filed in State Court.(Attachments: #1 Exhibit B - Consent to Notice of Removal, #2 Civil Cover Sheet, #3 State Summon(s), #4 State Summon(s), #5 State Complaint, #6 All Other State Court Pleadings)(Schindler, Andrew) Text Modified on 4/14/2022 (mab).

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Plaintiff: Javier Cruz
Represented By: Sean Michael Cleary
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Defendant: Ferguson Enterprises, LLC
Represented By: Andrew R. Schindler
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Defendant: Amerigas Propane, Inc.
Represented By: Andrew R. Schindler
Represented By: Benjamin Lawrence Bedard
Represented By: Stephanie Weisbrod Kaufer
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Defendant: AmeriGas Propane, L.P.
Represented By: Benjamin Lawrence Bedard
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