JUTCHENKO v. HOLIDAY CVS, LLC
| NICOLAS JUTCHENKO |
| HOLIDAY CVS, LLC |
| 1:2023cv24606 |
| December 6, 2023 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Kathleen M Williams |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| Filing 7 CLERK'S ACKNOWLEDGMENT OF RECEIPT as to #6 Transmittal Letter Sent. (rbe) |
| Filing 6 Transmittal Letter Sent with Certified Copy of Order to: 11th Judicial Circuit, Miami-Dade County, Florida. State Court Case Number: 2023-025014-CA-01 (Attachments: #1 Certified Copy of Order) (pcs) |
Filing 5
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. On December 18, 2023, the Court issued an Order of Referral (DE #4 ) stating that "Counsel for the removing Party [Defendant] is directed to file a Removal Status Report WITHIN TEN (10) DAYS from the date of this Order. Additionally, counsel for the removing Party must file a Notice that includes copies of all records and proceedings in the underlying state court case WITHIN TEN (10) DAYS from the date of this Order and in the format specified [in the Order]." The Court cautioned that "[f]ailure to file a timely Removal Status Report shall be grounds for remand. Additionally, counsel's failure to file a timely Notice with all relevant state court pleadings shall be interpreted as an abandonment of federal jurisdiction and will result in the remand of this case." These filings were due on December 28, 2023. To date, the removing Party has failed to file a Removal Status Report, a Notice that includes copies of all records and proceedings in the state court case, or a motion for extension of time to do so. Additionally, the Court's Order of Referral (DE #4 ) stated that "WITHIN FOURTEEN (14) DAYS from the date of this Order, the Parties shall file a joint conference report and a joint proposed scheduling order, as required by S.D. Fla. Local Rule 16.1(b)." The Parties' joint conference report and joint proposed scheduling order was therefore due by January 2, 2024. To date, the Parties have not filed a joint conference report or a joint proposed scheduling order and have not filed a motion for an extension of time to do so. The Court's Order of Referral (DE #4 ) 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. Any pending motions are DENIED AS MOOT. This case is CLOSED. Signed by Judge Kathleen M. Williams on 1/8/2024. (rm04)
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Filing 4
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules for the Southern District of Florida, it is ORDERED AND ADJUDGED that all discovery disputes and non-dispositive pretrial motions are REFERRED to United States Magistrate Judge Jonathan Goodman. Signed by Judge Kathleen M. Williams on 12/18/2023. See attached document for full details. (rbe)
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| Filing 3 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by HOLIDAY CVS, LLC. (Liro, Jacob) |
| Filing 2 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. (rbe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-17123634, filed by HOLIDAY CVS, LLC. No Answer Filed. No Motion To Dismiss Filed.(Attachments: #1 Civil Cover Sheet Federal Civil Cover Sheet, #2 Exhibit 1 - Composite Exhibit- State Court Complaint, #3 Exhibit 2 - Plaintiff's Demand Letter, #4 Exhibit 3 - Holiday CVS 2023 Annual Report, #5 Exhibit 4 - Notice of Filing Notice of Removal (State Court))(Liro, Jacob) Modified text & attachment description on 12/6/2023 (rbe). Modified on 12/6/2023 (rbe). |
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| Plaintiff: NICOLAS JUTCHENKO | |
| Represented By: | Jay Joseph Dermer |
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| Defendant: HOLIDAY CVS, LLC | |
| Represented By: | Jacob J Liro |
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