Cisneros v. Texas Roadhouse Holdings, LLC et al
| Neva Zoe Cisneros |
| Texas Roadhouse Holdings, LLC, Richard Rodriguez and Texas Roadhouse Holdings, LLC a Foreign Limited Liability Company doing business as Texas Roadhouse |
| 1:2023cv24360 |
| November 14, 2023 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Kathleen M Williams |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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| Filing 16 Transmittal Letter Sent with Order and Docket Sheet to: The Eleventh Judicial Circuit in and for Miami-Dade County. State Court Case Number: 23-021204-CA-01 (amb) |
Filing 15
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. The Court's Order of Referral (DE #11 ) required that, on or before December 15, 2023, counsel for the removing party (Defendant) "must file a Notice that includes copies of all records and proceedings in the underlying state court case." Specifically, "The docket entries from the underlying state court shall be filed on the docket as attachments to a separate Notice. The Notice shall include an index of the docket entries, which shall be ordered chronologically. Each docket entry, including all pending motions, shall be filed on the docket as separate attachments to the Notice." (Id. at 3.) The Court cautioned that counsel's failure to timely file this Notice "shall be interpreted as an abandonment of federal jurisdiction and will result in the remand of this case." (Id. at 2.) Defendant has failed to file this Notice. Additionally, the Court's Order of Referral (DE #11 ) stated, "If the removing Partys basis for removal is diversity jurisdiction under 28 U.S.C. 1332, and the removing Party is a limited liability company ('LLC') or a limited liability partnership ('LLP'), the removing Party must identify each member of the LLC or LLP and establish each member's citizenship in the Removal Status Report, supported by an affidavit. Failure to do so will result in remand." Defendant is an LLC and its basis for removal is diversity jurisdiction. Although Defendant identified each member of the LLC in its Removal Status Report, this was not supported by an affidavit, and therefore not in compliance with the Court's Order of Referral. The Court's Order of Referral (DE #11 ) also states, "Non-compliance with any provision of this Order, the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and/or this Court's Practices and Procedures may subject the offending Party to sanctions, including dismissal of this case. It is the duty of all counsel to take any and all actions necessary to comply with this Order, the aforementioned rules, and all Court orders." See Watts v. Club Madonna, Inc., et al., 784 F. App'x 684, 687-88 (11th Cir. 2019). District courts are vested with "broad discretion...in managing their cases...[and] ensur[ing] that their cases move to a reasonably timely and orderly conclusion." Watts, 784 F. App'x at 687-88 (quoting Chrysler Int'l Corp. v. Chemaly, 280 F.3d 1358, 1360 (11th Cir. 2002)); see also Equity Lifestyle Properties, Inc. v. Fla. Mowing and Landscape Serv., Inc., 556 F.3d 1232, 1240 (11th Cir. 2009) ("A district court has inherent authority to manage its own docket 'so as to achieve the orderly and expeditious disposition of cases.'") (quoting Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991))). For the reasons set forth above, it is ORDERED AND ADJUDGED that this case is REMANDED to Florida state court. All pending motions are DENIED AS MOOT. This case is CLOSED. Signed by Judge Kathleen M. Williams on 12/26/2023. (rm04)
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| Filing 14 Proposed SCHEDULING REPORT - Rule 16.1 by Texas Roadhouse Holdings, LLC (Krakauer, Edward) |
| Filing 13 STATUS REPORT Removal by Texas Roadhouse Holdings, LLC (Krakauer, Edward) |
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Filing 12
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 12/5/2023. See attached document for full details. (fbn)
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Filing 11
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES: Referring Case to Magistrate Judge Jonathan Goodman for all discovery disputes and Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 12/5/2023. See attached document for full details. (pc)
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| Filing 10 MOTION to Dismiss with Prejudice #9 Amended Complaint/Amended Notice of Removal by Texas Roadhouse Holdings, LLC. Responses due by 12/1/2023 (Krakauer, Edward) |
| Filing 9 AMENDED NOTICE OF REMOVAL against All Defendants, filed by Texas Roadhouse Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Krakauer, Edward) |
| Filing 8 NOTICE of Striking by Texas Roadhouse Holdings, LLC (Krakauer, Edward) |
| Filing 7 Clerk's Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (jc) |
| Filing 6 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
| Filing 5 Clerk's Notice to Filer re #1 Notice of Removal (State Court Complaint). Document Incorrectly Captioned "In the Circuit Court of the Eleventh Judicial Circuit"; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. (jc) |
| Filing 4 Clerk's Notice to Filer re: #3 CIRCUIT COURT AMENDED COMPLAINT. Documents Improperly Arranged. The Filer did not properly attach the US District Court Notice of Removal - Document Was Not Attached. Future filings must comply with the CM/ECF Civil Case Opening Guide. (jc) |
| Filing 3 CIRCUIT COURT AMENDED COMPLAINT against All Defendants. filed by Texas Roadhouse Holdings, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Krakauer, Edward) Modified text on 11/15/2023 (jc). |
| Case Reopened (jc) |
| Filing 2 Clerk's Notice to Filer re: Electronic Case. Case administratively closed - No Initiating Document filed/attached. A second attempt to open a case without incurring a new charge should be made by the next business day, if not - our Financial Department will refund the filing fees within 10 business days. Filing fees will be refunded. Amount $$402.00, receipt #AFLSDC-17072879, case filed date: 11/14/2023. No further entries will be made on this case. (pc) |
| Filing 1 Stricken per DE #8 -NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-17072879, filed by Richard Rodriguez, Texas Roadhouse Holdings, LLC.(Krakauer, Edward) Modified text on 11/16/2023 (drz). |
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