MCKERNAN v. KW POMPANO BEACH, LLC.
| SUZANNE MCKERNAN |
| KW POMPANO BEACH, LLC, d/b/a FORT LAUDERDALE MARRIOT POMPANO BEACH RESORT AND SPA and KW POMPANO BEACH, LLC doing business as FORT LAUDERDALE MARRIOT POMPANO BEACH RESORT AND SPA |
| 1:2024cv20505 |
| February 8, 2024 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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| Filing 11 ACKNOWLEDGMENT OF RECEIPT as to #10 Transmittal Letter Sent. (scn) |
| Filing 10 Transmittal Letter Sent with DE#9 to: Eleventh Judicial Circuit in and for Miami-Dade County, Florida. State Court Case Number: 23-027991-CA-01 (scn) |
Filing 9
Order Remanding Case to State Court. This action shall be CLOSED. Signed by Judge Darrin P. Gayles on 3/14/2024. See attached document for full details. (bs00)
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| Filing 8 Defendant's Corporate Disclosure Statement by KW POMPANO BEACH, LLC identifying Other Affiliate Key Int'l Investors II LLC, Other Affiliate Wexford Real Estate Investors, LLC, Other Affiliate Philip Braunstein, Other Affiliate Paul Jacobi, Other Affiliate Arthur Amron, Other Affiliate Philip Bottfeld, Other Affiliate Inigo Ardid for KW POMPANO BEACH, LLC (Weinstein, Peter) |
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Filing 7
PAPERLESS ORDER REQUIRING a disclosure statement pursuant to Federal Rule of Civil Procedure 7.1(a)(2). The Court is unable to discern whether it has subject matter jurisdiction over this action based on Defendant's Notice of Removal [ECF No. 1] or Plaintiff's Complaint [ECF No. 1-1]. Defendant, an LLC, removed this action on the basis of diversity jurisdiction pursuant to 28 U.S.C. 1441(a) and 28 U.S.C. 1332(a)(1). [ECF No. 1]. 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). Therefore, Defendant shall file a disclosure statement on or before March 8, 2024 which identifies its members and their respective citizenship. Signed by Judge Darrin P. Gayles on 2/29/2024. (bs00)
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| Filing 6 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 2/22/2024. (bs00) |
| Filing 5 CLERK'S NOTICE - Attorney Admissions has not updated address or email information for attorney Jared Ian Ross re #4 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their information with the Court which is filing a Notice of Change of Address in all pending cases pursuant to SDFL LR 11.1(g) and CM/ECF Administrative Procedures 3D, compliance which is mandated pursuant to SDFL LR 5.1. Attorney is instructed to file the appropriate notice in all pending cases and then go to their PACER account, Manage My Account, to complete the process of updating their information. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 4 NOTICE of Change of Address, Email or Law Firm Name by Jared Ian Ross (Ross, Jared) |
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Filing 3
ORDER OF RECUSAL. Judge Rodolfo A. Ruiz, II recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Signed by Judge Rodolfo A. Ruiz, II on 2/9/2024. See attached document for full details. (vjk)
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| 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. 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - SUZANNE MCKERNAN v. KW POMPANO BEACH, LLC, d/b/a FORT LAUDERDALE MARRIOT POMPANO BEACH RESORT AND SPA) Filing fee $ 405.00 receipt number AFLSDC-17280305, filed by KW POMPANO BEACH, LLC, d/b/a FORT LAUDERDALE MARRIOT POMPANO BEACH RESORT AND SPA. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Weinstein, Peter) Modified Text on 2/9/2024 (cds). Answer Filed (Exh#4)/ No Motion to Dismiss Filed. |
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