Martinez v. Crown Equipment Corporation
Plaintiff: Miguel Martinez
Defendant: Crown Equipment Corporation
Case Number: 1:2023cv24618
Filed: December 7, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Lauren Fleischer Louis
Referring Judge: Rodolfo A Ruiz
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 2, 2024 Opinion or Order Filing 27 PAPERLESS ORDER striking Plaintiff's Responses to Defendant Crown Equipment Corporation's Initial Disclosures #25 ("Responses"). Local Rule 26.1(b) of the U.S. District Court for the Southern District of Florida provides that "discovery requests, responses, objections, notices or any associated proof of service shall not be filed with the Court until they are used in the proceeding or the court orders their filing." To date, the Responses have not been used in this proceeding, nor has the Court ordered their filing. Accordingly, the Responses are hereby STRICKEN. Signed by Judge Rodolfo A. Ruiz, II on 2/2/2024. (agh)
February 2, 2024 Opinion or Order Filing 26 ORDER Scheduling Mediation before Peter Abraham. Mediation Hearing set for 7/11/2024 09:00 AM. Signed by Judge Rodolfo A. Ruiz, II on 2/1/2024. See attached document for full details. (nwn)
February 1, 2024 Filing 25 (STRICKEN PER DE#25 ) Initial Disclosure(s) Responses to Initial Disclosure by Miguel Martinez (Perez, Luis) Modified Text on 2/2/2024 (cds).
February 1, 2024 Filing 24 Amended NOTICE of Filing Joint Proposed Order Scheduling Mediation by Crown Equipment Corporation (Kegler, Philip)
January 25, 2024 Opinion or Order Filing 23 PAPERLESS ORDER striking #22 Notice of Filing Joint Proposed Order Scheduling Mediation ("Notice") for failure to comply with the Scheduling Order and Local Rule 16.2. The Scheduling Order, ECF No. #16 , specifies that, pursuant to Local Rule 16.2, the parties shall "schedule a time, date, and place for mediation." Here, the Notice fails to specify where and when the mediation will take place. Accordingly, the parties shall amend their Notice to comply with this Court's rules and procedures, on or before February 1, 2024. Signed by Judge Rodolfo A. Ruiz, II on 1/25/2024. (agh)
January 25, 2024 Filing 22 (STRICKEN PER DE#23) NOTICE of Filing Joint Proposed Order Scheduling Mediation by Crown Equipment Corporation (Kegler, Philip) Modified Text on 1/26/2024 (cds).
January 25, 2024 Filing 21 NOTICE of Striking #19 Notice of Mediator Selection and/or Hearing filed by Peter Abraham by Crown Equipment Corporation (Kegler, Philip)
January 25, 2024 Filing 20 Clerk's Notice to Filer re #19 Notice of Mediator Selection and/or Hearing. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures. (cds)
January 25, 2024 Filing 19 (STRICKEN PER DE#21 ) Joint NOTICE of Mediator Selection. Selected/Added Peter Abraham as Mediator. (Kegler, Philip) Modified Text on 1/26/2024 (cds).
January 22, 2024 Filing 18 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Crown Equipment Corporation. (Kegler, Philip)
January 8, 2024 Opinion or Order Filing 17 PAPERLESS ORDER denying #8 Motion to Dismiss ("Motion"). Defendant's Motion is premised entirely on the argument that Plaintiff did not timely perfect service. Plaintiff filed the action in the Eleventh Judicial Circuit of Miami-Dade County on December 13, 2021 and ran afoul of the 120-day period to effect service on Defendant. See Fla. R. Civ. P. 1.070(j). Under Fla. R. Civ. P. 1.070(j), the state court should extend the time for service "if the plaintiff shows good cause or excusable neglect for the failure [to serve]." And, as in federal court, Florida courts have discretion to extend the service deadline absent good cause or excusable neglect. Sly v. McKeithen, 27 So. 3d 86, 87 (Fla. 1st DCA 2009). Upon review of the state court docket, following a case management conference on October 18, 2023, the state court essentially extended the service deadline, ordering Plaintiff to serve Defendant within thirty (30) days, and Plaintiff complied. See ECF No. [1-1] at 34-37. This Court is not in a position to review the state court's decision to extend the service deadline under Florida law. Sanders v. Fla., No. 4:15-cv-150, 2015 WL 12570898, at *2 (N.D. Fla. May 1, 2015) (finding removal timely, noting the state court's decision to extend the service period). Accordingly, the Motion is DENIED. Signed by Judge Rodolfo A. Ruiz, II on 1/8/2024. (agh)
January 4, 2024 Opinion or Order Filing 16 ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 11/4/2024 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 10/29/2024 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 2/15/2024., Discovery due by 7/9/2024., Expert Discovery due by 7/9/2024., Joinder of Parties due by 2/15/2024., Mediation Deadline 7/16/2024., In Limine Motions due by 8/20/2024., Dispositive Motions due by 7/23/2024., Motions due by 7/23/2024., Pretrial Stipulation due by 8/20/2024.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 7/16/2024.), ORDER REFERRING CASE to Magistrate Judge Lauren Fleischer Louis for Discovery Matters. Signed by Judge Rodolfo A. Ruiz, II on 1/4/2024. See attached document for full details. (nwn) #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. -Modified dates on 1/11/2024 (gp).
January 4, 2024 Filing 15 REPLY to Response to Motion re #8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Crown Equipment Corporation. (Kegler, Philip)
January 4, 2024 Filing 14 SCHEDULING REPORT - Rule 16.1 by Crown Equipment Corporation (Kegler, Philip)
January 4, 2024 Filing 13 Certificate of Other Affiliates by Crown Equipment Corporation (Kegler, Philip)
January 4, 2024 Filing 12 Corporate Disclosure Statement by Crown Equipment Corporation (Kegler, Philip)
December 29, 2023 Filing 11 Plaintiff's RESPONSE to #8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), and Incorporated Memorandum of Law by Miguel Martinez. (Perez, Luis)
December 28, 2023 Filing 10 State court record Court Record, (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 CMC 05-18-22, #4 CMC 06-22-22, #5 CMC 06-22-22 (2), #6 Case Management Order, #7 CMC 04-26-23, #8 CMC 10-18-23, #9 Summons, #10 E-Summons, #11 Order on CMC 10-18-23, #12 Affidavit of Process Server, #13 Notice of Removal)(Kegler, Philip)
December 28, 2023 Filing 9 STATUS REPORT by Crown Equipment Corporation (Kegler, Philip)
December 14, 2023 Filing 8 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Crown Equipment Corporation. Responses due by 12/28/2023 (Wiggins, Michael)
December 7, 2023 Filing 7 NOTICE by Crown Equipment Corporation Civil Cover Sheet (Wiggins, Michael)
December 7, 2023 Opinion or Order Filing 6 ORDER REQUIRING REMOVAL STATUS REPORT. Removal Status Report due by 12/28/2023. Signed by Judge Rodolfo A. Ruiz, II on 12/7/2023. See attached document for full details. (nwn)
December 7, 2023 Opinion or Order Filing 5 ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 1/4/2024 Signed by Judge Rodolfo A. Ruiz, II on 12/7/2023. See attached document for full details. (nwn)
December 7, 2023 Filing 4 AFFIDAVIT signed by: Michael J. Wiggins in Support of #1 Notice of Removal (State Court Complaint), by Crown Equipment Corporation (nwn)
December 7, 2023 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)
December 7, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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)
December 7, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Miguel Martinez vs. Crown Equipment Corporation) Filing fee $ 405.00 receipt number AFLSDC-17126663, filed by Crown Equipment Corporation. (Attachments: #1 Exhibit State Court Complaint and Pleadings, #2 Exhibit Service of Process, #3 Exhibit Affidavit, #4 Exhibit Notice of Filing)(Wiggins, Michael) No Answer/Motion to Dismiss Filed. Modified text and attachment description on 12/7/2023 (nwn).

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Plaintiff: Miguel Martinez
Represented By: Luis Nestor Perez
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Defendant: Crown Equipment Corporation
Represented By: Michael Correnti
Represented By: Philip Kegler
Represented By: Michael James Wiggins
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