NATIONAL AIR CARGO GROUP, INC. v. UPS Worldwide Forwarding, Inc.
Plaintiff: National Air Cargo Group, INC. a Florida Corporation doing business as National Airlines
Defendant: UPS Worldwide Forwarding, Inc.
Case Number: 1:2022cv23429
Filed: October 21, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Joan A Lenard
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2022 Opinion or Order Filing 18 PAPERLESS ORDER GRANTING #17 Joint Motion for Extension of Time and to Set Briefing Schedule Regarding Defendant's Motion to Dismiss. Plaintiff shall have until and including December 27, 2022 to file a Response, and Plaintiff shall have until and including January 9, 2023 to file a Reply. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 12/9/2022. (gie)
December 8, 2022 Filing 17 Joint MOTION for Extension of Time and to Set Briefing Schedule re #15 Defendant's MOTION to Dismiss for Lack of Jurisdiction #8 Amended Complaint/Amended Notice of Removal, by UPS Worldwide Forwarding, Inc.. Responses due by 12/22/2022 (Attachments: #1 Text of Proposed Order on Joint Motion for Extension of Time and to Set Briefing Schedule re Def's Motion to Dismiss (Dkt. 15))(Reboso-Solares, Irma)
December 1, 2022 Filing 16 Defendant's Corporate Disclosure Statement by UPS Worldwide Forwarding, Inc. identifying Corporate Parent United Parcel Service, Inc., Corporate Parent United Parcel Service of America, Inc. for UPS Worldwide Forwarding, Inc. (Reboso-Solares, Irma)
December 1, 2022 Filing 15 Defendant's MOTION to Dismiss for Lack of Jurisdiction #8 Amended Complaint/Amended Notice of Removal, by UPS Worldwide Forwarding, Inc.. Responses due by 12/15/2022 (Attachments: #1 Exhibit A - Declaration of William Jackson)(Reboso-Solares, Irma)
November 15, 2022 Opinion or Order Filing 14 PAPERLESS ORDER GRANTING #13 Defendant's Unopposed Motion for Extension of Time to Respond to Amended Complaint. Defendant shall have until and including December 1, 2022 to respond to the Amended Complaint. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 11/15/2022. (gie)
November 14, 2022 Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #8 Amended Complaint/Amended Notice of Removal, by UPS Worldwide Forwarding, Inc.. Attorney Irma T. Reboso-Solares added to party UPS Worldwide Forwarding, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant's Unopposed Motion for Extension of Time to Respond to Amended Complaint)(Reboso-Solares, Irma)
November 1, 2022 Filing 12 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by National Air Cargo Group, INC.. UPS Worldwide Forwarding, Inc. served on 10/27/2022, response/answer due 11/17/2022. (Udell, Maury)
October 25, 2022 Filing 11 NOTICE by National Air Cargo Group, INC. re 9 Clerk's Notice to Filer re: Electronic Case Cover Sheet (Udell, Maury)
October 24, 2022 Filing 8 First AMENDED COMPLAINT against UPS Worldwide Forwarding, Inc. filed in response to Order Granting Motion for Leave, filed by National Air Cargo Group, INC.. (Attachments: #1 Exhibit A - May 7 2015 Contract, #2 Exhibit B - Attachment II, #3 Exhibit C - UPS ACMI N702, #4 Exhibit D - UPS ACMI N936, #5 Exhibit E - UPS ACMI N702 CM)(Udell, Maury)
October 24, 2022 Opinion or Order Filing 7 PAPERLESS ORDER requiring Plaintiff to file an Amended Complaint. THIS CAUSE is before the Court on a sua sponte review of the record. On October 21, 2022, Plaintiff filed a Complaint asserting a single claim for breach of contract. (D.E. #1 .) The Complaint does not contain "a short and plain statement of the grounds for the court's jurisdiction," as required by Federal Rule of Civil Procedure 8(a). Jurisdiction appears to be predicated on diversity of citizenship under 18 U.S.C. sec. 1332, which provides, in relevant part, that "[t]he district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between--citizens of different States[.]" 18 U.S.C. sec. 1332(a)(1). In this regard, the Complaint alleges that "[t]his is an action for possession and damages where the amount in controversy exceeds Seven-Five Thousand and 00/100 Dollars ($75,000.00), exclusive of interest, costs, and attorneys fees." (Compl. para. 1.) However, it does not allege the citizenship of the Parties. "[C]itizenship should be 'distinctly and affirmatively alleged.'" Toms v. Country Quality Meats, Inc., 610 F.2d 313, 316 (5th Cir. 1980) (quoting 2A Moores Federal Practice s 8.10 at 1662). Where a complaint fails to contain facts regarding the citizenship of each party sufficient to satisfy the court that complete diversity exists, a district court is "constitutionally obligated to dismiss the action altogether if the plaintiff does not cure the deficiency." Travaglio v. Am. Express Co., 735 F.3d 1266, 1268 (11th Cir. 2013) (citing Stanley v. C.I.A., 639 F.2d 1146, 1159 (5th Cir. Unit B Mar. 1981)). See also Am. Motorists Ins. Co. v. Am. Emp. Ins. Co., 600 F.2d 15, 16 (5th Cir. 1979) (sua sponte raising issue of subject matter jurisdiction, finding that the complaint did not adequately allege the parties' citizenship, remanding to the district court to determine whether jurisdiction existed, suggesting that the district court provide the plaintiffs an opportunity to amend the complaint, and instructing that if the amended complaint failed to show that the parties were diverse the court "must dismiss the action"). Accordingly, it is ORDERED AND ADJUDGED that Plaintiff shall have until and including October 31, 2022 to file an Amended Complaint that: (1) contains a short and plain statement of the grounds for the court's jurisdiction, and if the court's jurisdiction is predicated on diversity of citizenship, (2) adequately alleges the Parties' citizenship. Failure to comply with this Order may result in dismissal for lack of subject matter jurisdiction. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 10/24/2022. (gie)
October 24, 2022 Filing 6 Summons Issued as to UPS Worldwide Forwarding, Inc.. (cqs)
October 21, 2022 Filing 10 Clerk's Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet does not match the initiating document. The Clerks Office confirmed Miami-Dade (Office - Miami) as the county with the filer. It is not necessary to re-file this document. (swr)
October 21, 2022 Filing 9 Clerk's 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. (swr) Modified on 10/25/2022 (swr).
October 21, 2022 Filing 5 NOTICE of Filing Proposed Summons(es) by National Air Cargo Group, INC. re #1 Complaint, filed by National Air Cargo Group, INC. (Udell, Maury)
October 21, 2022 Filing 4 Clerk's Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (cqs)
October 21, 2022 Filing 3 NOTICE of Filing Proposed Summons(es) on UPS Worldwide Forwarding, Inc. by National Air Cargo Group, INC. re #1 Complaint, filed by National Air Cargo Group, INC. (Udell, Maury)
October 21, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (swr)
October 21, 2022 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16042047, filed by NATIONAL AIR CARGO GROUP, INC. D/B/A NATIONAL AIRLINES. (Attachments: #1 Exhibit A - May 7 2015 Contract, #2 Exhibit B - Attachment II, #3 Exhibit C - UPS ACMI N702, #4 Exhibit D - UPS ACMI N936, #5 Exhibit E - UPS ACMI N702 CM)(Udell, Maury)

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Plaintiff: National Air Cargo Group, INC. a Florida Corporation doing business as National Airlines
Represented By: Maury Lorne Udell
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Defendant: UPS Worldwide Forwarding, Inc.
Represented By: Irma T. Reboso-Solares
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