Lewis v. Ariax Logistics, LLC et al
| Henry Lewis |
| Ariax Logistics, LLC and Gilberto A Delgado |
| 1:2023cv23217 |
| August 23, 2023 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Auto Negligence |
| Both |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 12 Renewed MOTION to Consolidate Cases by Ariax Logistics, LLC, Gilberto A Delgado. Responses due by 11/3/2023 (DeMahy, Nicholas) |
Filing 11
PAPERLESS ORDER: The Court denies, without prejudice, #10 Defendants Ariax Logistics, LLC and Gilberto A Delgado's motion to consolidate cases because the motion does not contain a pre-filing-conference certification, as required by the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion. Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). Signed by Judge Robert N. Scola, Jr. (mb02)
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| Filing 10 MOTION to Consolidate Cases by Ariax Logistics, LLC, Gilberto A Delgado. Responses due by 11/2/2023 (DeMahy, Nicholas) |
| Filing 9 MEMORANDUM of Law on Diversity Jurisdiction by Ariax Logistics, LLC, Gilberto A Delgado. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Demand Letter)(DeMahy, Nicholas) |
| Filing 8 Defendant's MOTION Motion for Relief from Court's Order to Show Cause by Ariax Logistics, LLC, Gilberto A Delgado. (DeMahy, Nicholas) |
| Reset Deadlines Per DE#7. Show Cause Response due by 10/13/2023. (cqs) |
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Filing 7
PAPERLESS ORDER: This matter is before the Court on an independent review of the record. The Court orders the parties to show cause why this matter should not be remanded to state court for lack of diversity jurisdiction, in particular due to the amount in controversy. The parties' responses are due on or before October 13, 2023. Signed by Judge Robert N. Scola, Jr. (mb02)
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| Filing 6 Defendant's NOTICE by Ariax Logistics, LLC, Gilberto A Delgado of State Court Proceedings (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Answer and Affirmative Defenses, #3 Exhibit Reply to Affirmative Defenses, #4 Exhibit Notice of Removal to Federal Court) (DeMahy, Nicholas) |
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Filing 5
PAPERLESS ORDER: This matter is before the Court on an independent review of the record. The Defendants filed #1 the notice of removal from state court on August 23, 2023, attaching [1-1] the state court complaint but no other pleadings. The Defendants are ordered to show cause as to why the Plaintiff is not entitled to a default due to the Defendants' failure to answer within the time prescribed by Federal Rule of Civil Procedure 81. The Defendants' response is due on or before October 12, 2023. Signed by Judge Robert N. Scola, Jr. (mb02)
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| Set Deadlines: Show Cause Response due by 10/12/2023. Per d.e. 5 Order. (mee) |
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Filing 4
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/1/2023. See attached document for full details. (fbn)
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Filing 3
Order Requiring Discovery And Scheduling Conference And Order Referring Discovery Matters To The Magistrate Judge. The Court refers alldiscovery matters in this case to United States Magistrate Judge JonathanGoodman to take all necessary and proper action as required by law. Signed by Judge Robert N. Scola, Jr on 8/24/2023. See attached document for full details. (rbe)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (wce) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint and Demand Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-16865733, filed by Gilberto A Delgado, Ariax Logistics, LLC. (No Answer/ Motion to Dismiss Filed.)(Attachments: #1 Exhibit Amended Complaint, #2 Civil Cover Sheet Civil Cover Sheet)(DeMahy, Nicholas) Modified Text on 8/23/2023 (wce). |
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