Jones Felton v. Virgin Cruises Intermediate Limited Inc. et al
| Cheryl Jones Felton |
| Virgin Cruises Intermediate Limited Inc. and V Cruises US LLC a Florida Limited Liability Company doing business as VIRGIN VOYAGES |
| 1:2023cv21308 |
| April 6, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
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This docket was last retrieved on June 1, 2023. A more recent docket listing may be available from PACER.
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Filing 16
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before June 20, 2023, 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. Signed by Judge Darrin P. Gayles on 6/1/2023. (nce)
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| Filing 15 Amended ANSWER and Affirmative Defenses to Complaint by Virgin Cruises Intermediate Limited Inc.. (Zubizarreta, Charlotte) |
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Filing 14
PAPERLESS ORDER granting #13 Defendant's Unopposed Motion for Enlargement of Time to Respond to the Amended Complaint. Defendant shall file an Answer or other responsive pleading on or before May 31, 2023. Signed by Judge Darrin P. Gayles on 5/4/2023. (nce)
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| Filing 13 Defendant's MOTION for Extension of Time File Response to Amended Complaint re #9 Amended Complaint/Amended Notice of Removal by Virgin Cruises Intermediate Limited Inc.. Responses due by 5/17/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(Sullivan, Elisha) |
| Filing 12 NOTICE of Attorney Appearance by Charlotte Paige Zubizarreta on behalf of Virgin Cruises Intermediate Limited Inc.. Attorney Charlotte Paige Zubizarreta added to party Virgin Cruises Intermediate Limited Inc.(pty:dft). (Zubizarreta, Charlotte) |
| Filing 11 NOTICE of Attorney Appearance by Elisha Sullivan on behalf of Virgin Cruises Intermediate Limited Inc.. Attorney Elisha Sullivan added to party Virgin Cruises Intermediate Limited Inc.(pty:dft). (Sullivan, Elisha) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Cheryl Jones Felton. Virgin Cruises Intermediate Limited Inc. served on 4/24/2023, response/answer due 5/15/2023. (Crosby, Shannon) |
| Filing 9 AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Cheryl Jones Felton filed in response to Order Granting Motion for Leave, filed by Cheryl Jones Felton.(Crosby, Shannon) |
| Filing 8 CLERK'S NOTICE - Attorney Admissions has updated the contact information for attorney Shannon Crosby. (cw) |
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Shannon Crosby (Crosby, Shannon) |
| Set Deadline. Amended Complaint due by 4/24/2023. PER DE#6 (cds) |
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Filing 6
PAPERLESS ORDER. This cause comes before the Court on a sua sponte review of the #1 Complaint, filed on April 6, 2023. According to the Complaint, this Court has subject matter jurisdiction based on diversity of citizenship. However, the Complaint fails to list the citizenship of all members of Defendant V Cruises US LLC. As the Eleventh Circuit has explained, "a limited liability company is a citizen of any state of which a member of the company is a citizen" and thus "[t]o sufficiently allege the citizenship of [an LLC], a party must list the citizenships of all members of the limited liability company." Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Because Plaintiff has not done so, she has not adequately invoked this Court's diversity jurisdiction under 28 U.S.C. 1332.Alternatively, if the Complaint sufficiently alleges facts to support this Court's exercise of admiralty jurisdiction under 28 U.S.C. 1333, then this Court may invoke its subject matter jurisdiction. Roy v. Carnival Corp., 963 F.3d 1302, 1313 (11th Cir. 2020). Here, the Complaint sufficiently alleges enough facts to establish admiralty jurisdiction. Notwithstanding, Plaintiff demands a jury trial. [ECF No. 1 at 1]. However, "admiralty cases do not guarantee the right to a jury trial." Roy, 963 F.3d at 1313 n. 9.; see Fed. R. Civ. P. 38.Accordingly, it is ORDERED that on or before April 24, 2023, Plaintiff shall either (1) file an amended complaint that properly invokes this Court's diversity jurisdiction or (2) indicate whether she wishes to proceed with a bench trial under this Court's admiralty jurisdiction absent Defendants' consent. Signed by Judge Darrin P. Gayles on 4/10/2023. (nce)
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| Filing 5 NOTICE by Cheryl Jones Felton re 4 Clerk's Notice to Filer re: Electronic Case (Attachments: #1 Civil Cover Sheet Corrected Civil Cover Sheet) (Crosby, Shannon) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. Incorrect Information on Civil Cover Sheet (Basis of Jurisdiction). Filer is instructed to file a Notice (Other) with the corrected Civil Cover Sheet attached within 24 hours of the notice. (nwn) |
| Filing 3 Summons Issued as to V Cruises US LLC, Virgin Cruises Intermediate Limited Inc. (nwn) |
| 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. (nwn) |
| Filing 1 COMPLAINT AND DEMAND FOR JURY TRIAL against V Cruises US LLC d/b/a Virgin Voyages, Virgin Cruises Intermediate Limited Inc.. Filing fees $ 402.00 receipt number AFLSDC-16511293, filed by Cheryl Jones Felton. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons to be Issued - V Cruises, #3 Summon(s) Summons to be Issued - Virgin Cruises Intermediate)(Gerson, Nicholas) |
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