Von Kahle v. Cargill, Inc.
| Philip Von Kahle |
| Cargill, Inc. |
| 1:2022mc20200 |
| January 14, 2022 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Edwin G Torres |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity |
| None |
Docket Report
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| Filing 23 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Southern District of New York as case 1:22-mc-00062, filed 02/28/2022. (jua) |
| Filing 22 TRANSCRIPT of motion hearing held on 2-3-2022 before Ch. Magistrate Judge Edwin G. Torres, 1-24 pages, Court Reporter: Dawn Savino, 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2022. Redacted Transcript Deadline set for 3/28/2022. Release of Transcript Restriction set for 5/25/2022. (Savino, Dawn) |
Filing 21
ORDER granting by default #10 Motion to Transfer. Transferring this Matter to the United States District Court for the Southern District of New York; Closing Case. Signed by Chief Judge Cecilia M. Altonaga on 2/16/2022. See attached document for full details. (ls)
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| SYSTEM ENTRY - Case 1:22-mc-20200 electronically transferred out to New York Southern. (ls) |
| Civil Case Terminated. Closing Case. (ls) |
| Filing 20 PAPERLESS Minute Entry for proceedings held before Ch. Magistrate Judge Edwin G. Torres: Motion Hearing held on 2/3/2022 re #11 Plaintiff's MOTION for clarification 8 Order Setting Hearing on Motion filed by Philip Von Kahle. Attorney Appearance(s): Eric J Silver, David W. Creasey, Marcos Daniel Jimenez. (Digital 9:41:57) Total time in court: 34 minutes. (mdc) |
| Filing 19 REPLY to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, by Ernesto Alvarez. (Jimenez, Marcos) |
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Filing 18
ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David W. Creasey. Signed by Chief Judge Cecilia M. Altonaga on 2/2/2022. See attached document for full details. (ps1)
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| Filing 17 NOTICE by Cargill, Inc. re #10 Motion to Change Venue re Proposed Order (Attachments: #1 Exhibit Text of Proposed Order) (McKee, Traci) |
| Filing 16 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David W. Creasey. Pay.gov Agency Tracking ID FLSDC-15362149. Filing Fee $ 200.00 by Cargill, Inc.. Responses due by 2/15/2022 (Attachments: #1 Text of Proposed Order (Proposed) Order Granting Amended Motion to Appear PHV)(McKee, Traci) |
| Filing 15 NOTICE of Attorney Appearance by Coral Del Mar Lopez on behalf of Philip Von Kahle. Attorney Coral Del Mar Lopez added to party Philip Von Kahle(pty:pla). (Lopez, Coral) |
| Filing 14 NOTICE of Attorney Appearance by Eric J Silver on behalf of Philip Von Kahle. Attorney Eric J Silver added to party Philip Von Kahle(pty:pla). (Silver, Eric) |
| Filing 13 PAPERLESS ORDER granting in part #11 Motion for Clarification re: Order Setting Hearing. The movant's position need not be disclosed prior to the hearing set on the motion to quash. Additionally the Court will not expedite a written response to the motion to transfer, but the matter may certainly be addressed at the hearing. If the movant concludes that the hearing is not necessary by agreement on these pending matters, the movant can confer with all interested parties and promptly advise the Court. Absent that, the hearing will proceed as scheduled. Signed by Ch. Magistrate Judge Edwin G. Torres on 2/1/2022. (EGT) |
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Filing 12
ORDER denying #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David W. Creasey. Signed by Chief Judge Cecilia M. Altonaga on 2/1/2022. See attached document for full details. (ps1)
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| Filing 11 Plaintiff's MOTION for clarification 8 Order Setting Hearing on Motion,,,, by Philip Von Kahle. Responses due by 2/15/2022 (Hernandez, Jason) |
| Filing 10 MOTION to Transfer by Cargill, Inc.. (Attachments: #1 Exhibit A - Amended Complaint SDNY Case, #2 Exhibit B - Cargill's Nov. 15, 2022 Letter, #3 Exhibit C - Email Exchange between J. Maschka, J. Hernandez+, #4 Exhibit D - Email Exchange Between Counsel+)(McKee, Traci) Modified relief on 2/1/2022 (mc). |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David W. Creasey. Filing Fee $ 200.00 Receipt # AFLSDC-15362149 by Cargill, Inc.. Responses due by 2/14/2022 (Attachments: #1 Text of Proposed Order)(McKee, Traci) |
| Filing 8 PAPERLESS ORDER Setting Hearing on Motion/Petition to Quash Subpoena:Upon review of the motion and response, the Court finds cause to schedule a hearing on the Motion/Petition. In advance of the hearing, counsel for the movant/non-party Ernesto Alvarez shall confer with the client to determine whether the witness intends to invoke his Fifth Amendment rights at any scheduled deposition in this matter. If so, the burdensome and oppressive arguments in his Petition appear to ring hollow, thus undermining the need for Court intervention at all. No final decision is being made on that matter through this Order, however, and counsel and the non-party should be prepared to address this issue at the hearing in addition to any other arguments raised by the Plaintiff's response. If a hearing is necessary after review of this Order, it shall be held in person at the date and time set forth below: Motion Hearing set for 2/3/2022 09:30 AM in Miami Division before Ch. Magistrate Judge Edwin G. Torres, United States Courthouse, James Lawrence King Bldg., Courtroom 5 - Tenth Floor, 99 N.E. 4th Street, Miami, Florida. Signed by Ch. Magistrate Judge Edwin G. Torres on 1/28/2022. (EGT) |
| Filing 7 Plaintiff's RESPONSE to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, in Opposition by Philip Von Kahle. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hernandez, Jason) |
| Filing 6 Defendant's RESPONSE to #1 Petition/Motion (Complaint) RE: Subpoena from Another District, Ernesto Alvarez's Motion to Quash and For Protective Order by Cargill, Inc.. (Attachments: #1 Exhibit Ex. A-First Amended Complaint, #2 Exhibit Ex. B- Complaint)(McKee, Traci) |
| Filing 5 NOTICE of Compliance with Court's Order by Ernesto Alvarez re 4 Order,,,, (Jimenez, Marcos) |
| Filing 4 PAPERLESS ORDER re #1 Petition/Motion (Complaint) RE: Subpoena from Another District, filed by Ernesto Alvarez. Upon review of the motion, that was referred for disposition, the Court STAYS the taking of the non-party deposition at issue pursuant to the subpoena issued in relation to a SDNY proceeding. The motion failed to include a certificate of service of the filing of the motion in this District. Accordingly, the non-party is Directed to serve, as per Fed.R.Civ.P. 5, this Paperless Order to all interested parties in the SDNY proceeding. Additionally, the non-party shall file a certificate of compliance on this docket to that effect. Lastly, following service of the Motion the party seeking the deposition at issue shall respond to the pending Motion in accordance with Rule 5 and S.D. Fla. Local Rule 7.1. within 14 days. The Motion will be adjudicated after briefing is complete. Any request to transfer the miscellaneous action to the presiding jurisdiction must be made within three days of the date the reply is filed. Signed by Ch. Magistrate Judge Edwin G. Torres on 1/18/2022. (EGT) |
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Filing 3
ORDER REFERRING Plaintiff, Philip Von KIahle's #1 Motion to Quash Non-Party Subpoena and for Protective Order and Incorporated Memorandum of Law to United States Magistrate Edwin G. Torres to take all necessary and proper action as required by law. Signed by Chief Judge Cecilia M. Altonaga on 1/18/2022. See attached document for full details. (wc)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. (cds) |
| Filing 1 Petition/Motion (Complaint) RE: Subpoena to Quash from Another District And for Protective Order And Incorporated Memorandum of Law. Filing fee $49.00 receipt number AFLSDC-15321116, filed by Ernesto Alvarez. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Jimenez, Marcos) |
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| Plaintiff: Philip Von Kahle | |
| Represented By: | Jason Peter Hernandez |
| Represented By: | Coral Del Mar Lopez |
| Represented By: | Eric J Silver |
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| Defendant: Cargill, Inc. | |
| Represented By: | Traci McKee |
| Represented By: | David W. Creasey |
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