Hernandez v. PSAN PI/WD TRUST et al
| Jose Hernandez |
| PSAN PI/WD TRUST d/b/a THE TAKATA AIRBAG TORT COMPENSATION TRUST FUND, BRAMAN IMPORTS, INC. d/b/a BRAMAN HONDA, PSAN PI/WD TRUST doing business as THE TAKATA AIRBAG TORT COMPENSATION TRUST FUND, BRAMAN IMPORTS, INC. doing business as BRAMAN HONDA and The Takata Airbag Tort Compensation Trust Fund |
| 1:2023cv20247 |
| January 20, 2023 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 31 PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Motion Hearing held on 3/21/2023 re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Motion to Dismiss Braman Honda for Fraudulent Joinder filed by BRAMAN IMPORTS, INC., #21 MOTION to Remand to State Court filed by Jose Hernandez. Total time in court: 0 hour(s) : 57 minutes. Attorney Appearance(s): Courtney Crook Shytle, Troy Patrick Cunningham, and Andrew Parker Felix. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Order to follow. (jg01) |
| Filing 30 Supplemental REPLY to Response to Motion re #21 MOTION to Remand to State Court filed by Jose Hernandez. (Felix, Andrew) |
| Filing 29 NOTICE by Jose Hernandez re #21 MOTION to Remand to State Court Notice of Filing Declaration of William A. Williams (Attachments: #1 Supplement Declaration of William A. Williams) (Felix, Andrew) |
| Filing 28 NOTICE by BRAMAN IMPORTS, INC., PSAN PI/WD TRUST, The Takata Airbag Tort Compensation Trust Fund re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Motion to Dismiss Braman Honda for Fraudulent Joinder Notice of Filing Additional Declaration in Support of Defendants' Subject-Matter-Jurisdiction Motion Practice (Luck, David) |
| Filing 27 Notice of Supplemental Authority re #24 Response in Opposition to Motion by BRAMAN IMPORTS, INC., The Takata Airbag Tort Compensation Trust Fund. Attorney David Lanier Luck added to party The Takata Airbag Tort Compensation Trust Fund(pty:dft). (Luck, David) |
| Filing 26 REPLY to Response to Motion re #21 MOTION to Remand to State Court filed by Jose Hernandez. (Felix, Andrew) |
Filing 25
ORDER SCHEDULING MEDIATION. Mediation Hearing set for 9/28/2023 at 10:00 AM before Michael Siboni. Signed by Judge Beth Bloom on 3/7/2023. See attached document for full details. (mee)
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| Filing 24 RESPONSE in Opposition re #21 MOTION to Remand to State Court filed by BRAMAN IMPORTS, INC.. Replies due by 3/14/2023. (Cunningham, Troy) |
| Filing 23 Joint NOTICE of Mediator Selection. Selected/Added Jose Hernandez, Michael C Siboni as Mediator. (Attachments: #1 Text of Proposed Order Proposed Order Scheduling Mediation)(Felix, Andrew) |
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Filing 22
PAPERLESS ORDER Setting Hearing on #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Motion to Dismiss Braman Honda for Fraudulent Joinder, and #21 MOTION to Remand to State Court by Jose Hernandez : Motion Hearing set for March 21, 2023 at 9:00 a.m. at 400 North Miami Avenue, Miami, Florida 33128, Courtroom 10-2 before Judge Beth Bloom. Signed by Judge Beth Bloom (jg01)
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| Filing 21 MOTION to Remand to State Court by Jose Hernandez. (Felix, Andrew) |
| Filing 20 REPLY to Response to Motion re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Motion to Dismiss Braman Honda for Fraudulent Joinder filed by BRAMAN IMPORTS, INC.. (Cunningham, Troy) |
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Filing 19
PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Courtney C. Shytle. Signed by Judge Beth Bloom (jg01)
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Filing 18
PAPERLESS ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Cory M. Church. Signed by Judge Beth Bloom (jg01)
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| Filing 17 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Courtney C. Shytle. Filing Fee $ 200.00 Receipt # AFLSDC-16335173 by BRAMAN IMPORTS, INC., PSAN PI/WD TRUST. Responses due by 3/2/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Cunningham, Troy) |
| Filing 16 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cory M. Church. Filing Fee $ 200.00 Receipt # AFLSDC-16335113 by BRAMAN IMPORTS, INC., PSAN PI/WD TRUST. Responses due by 3/2/2023 (Attachments: #1 Certification, #2 Text of Proposed Order)(Cunningham, Troy) |
| Reset (to show year 2024) Calendar Call set for 1/9/2024 01:45 PM before Judge Beth Bloom. per DE #15 (mr1) |
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Filing 15
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 4/15/2023., Discovery due by 9/19/2023., Fact Discovery due by 9/19/2023., Expert Discovery due by 9/19/2023., Joinder of Parties due by 4/15/2023., Mediation Deadline 10/3/2023., In Limine Motions due by 10/11/2023., Dispositive Motions due by 10/11/2023., Motions due by 10/11/2023., Pretrial Stipulation due by 1/2/2024., Jury Trial set for 1/16/2024 09:00 AM before Judge Beth Bloom., Calendar Call set for 1/9/2023 01:45 PM before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 10/3/2023.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes all discovery matters. Signed by Judge Beth Bloom on 2/14/2023. See attached document for full details. (mee) #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.
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| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by BRAMAN IMPORTS, INC., PSAN PI/WD TRUST (Attachments: #1 Exhibit Joint Proposed Scheduling Order)(Cunningham, Troy) |
| Filing 13 Corporate Disclosure Statement by BRAMAN IMPORTS, INC. (Cunningham, Troy) |
| Filing 12 RESPONSE in Opposition re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Motion to Dismiss Braman Honda for Fraudulent Joinder filed by Jose Hernandez. Replies due by 2/17/2023. (Felix, Andrew) |
| Filing 11 Corporate Disclosure Statement pursuant to Rule 7.1 by PSAN PI/WD TRUST identifying Other Affiliate American Honda Motor Company Inc for PSAN PI/WD TRUST (Cunningham, Troy) |
| Filing 10 NOTICE by BRAMAN IMPORTS, INC., PSAN PI/WD TRUST re #6 Order of Requirements,, Order Requiring Joint Scheduling Report, (Attachments: #1 Docket Sheet) (Luck, David) |
| Filing 9 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by PSAN PI/WD TRUST. (Cunningham, Troy) |
| Filing 8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Motion to Dismiss Braman Honda for Fraudulent Joinder by BRAMAN IMPORTS, INC.. Responses due by 2/10/2023 (Luck, David) |
| Filing 7 NOTICE by BRAMAN IMPORTS, INC., PSAN PI/WD TRUST re #6 Order of Requirements,, Order Requiring Joint Scheduling Report, Notice of Proof of Service (Attachments: #1 Exhibit Ex. A -- Trust Proof of Service, #2 Exhibit Ex. B -- Braman Honda Proof of Service) (Luck, David) |
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Filing 6
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES( Joint Scheduling Report due by 2/13/2023) Signed by Judge Beth Bloom on 1/23/2023. See attached document for full details. (drz)
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| Filing 5 NOTICE by BRAMAN IMPORTS, INC., PSAN PI/WD TRUST re 3 Clerk's Notice to Filer re: Electronic Case (Attachments: #1 Civil Cover Sheet) (Luck, David) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (nwn) |
| Filing 3 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. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Notice of Removal) Filing fee $ 402.00 receipt number AFLSDC-16256918, filed by BRAMAN IMPORTS, INC. d/b/a BRAMAN HONDA, PSAN PI/WD TRUST d/b/a THE TAKATA AIRBAG TORT COMPENSATION TRUST FUND. (Attachments: #1 Exhibit A, #2 State Court Complaint, #3 Exhibit COMPOSITE C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Luck, David) No Answer/Motion To Dismiss Filed. Modified Text/Attachment Description on 1/23/2023 (nwn). |
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