Horner et al v. amcrest industries llc et al
| Paul Horner and David Byron |
| Fujian Nanan Boafeng Electronics Co., Ltd and amcrest industries llc |
| 2:2018cv14409 |
| October 5, 2018 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2018. A more recent docket listing may be available from PACER.
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Filing 10
PAPERLESS ORDER granting #9 Motion for Extension of Time to File Response/Answer to the Amended Complaint. Defendant Amcrest Industries, LLC shall file any response to Plaintiffs' Amended Complaint (DE #5 ) by December 14, 2018. Signed by Judge Donald M. Middlebrooks on 11/21/2018. (sfr)
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| Filing 9 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, AGREED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO AMENDED COMPLAINT by amcrest industries llc. (Attachments: #1 Text of Proposed Order Exhibit)(Perkins, Joseph) |
| Filing 8 NOTICE by amcrest industries llc re #1 Complaint, NOTICE OF APPEARANCE. Attorney Philip A. Allen, III added to party amcrest industries llc(pty:dft). (Allen, Philip) |
| Filing 7 NOTICE by amcrest industries llc re #1 Complaint, NOTICE OF APPEARANCE. Attorney Joseph David Perkins added to party amcrest industries llc(pty:dft). (Perkins, Joseph) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Paul Horner, David Byron. amcrest industries llc served on 11/1/2018, answer due 11/23/2018. (Kraft, Herbert) |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by Paul Horner, David Byron. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kraft, Herbert) |
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Filing 4
PAPERLESS ORDER. Plaintiffs allege this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. Plaintiff alleges that Defendant Amcrest Industries, LLC is a limited liability company organized in Texas and that Defendant Fujian Nan'an Baofeng Electronics Co, Ltd. is a Chinese limited liability company. Plaintiff fails to plead the citizenship of all members of either Defendant. See Rolling Greens MHP, LP v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004). Without allegations regarding the citizenship of all members of the LLC, the court cannot determine whether complete diversity exists. See Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1557 (11th Cir. 1989) ("[T]he presence of at least one alien on both sides of an action destroys diversity."). Plaintiff is directed to cure this deficiency by filing an amended complaint on or before October 19, 2018. Signed by Judge Donald M. Middlebrooks on 10/9/2018. (kal)
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| Filing 3 Summons Issued as to amcrest industries llc. (dj) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (dj) |
| Filing 1 COMPLAINT Class Action, Jury Trial Demanded against All Defendants. Filing fees $ 400.00 receipt number 113C-11053418, filed by Paul Horner, David Byron. (Attachments: #1 Exhibit Exhibit 1 to Complaint, #2 Exhibit Exhibit 2 to Complaint, #3 Summon(s), #4 Civil Cover Sheet)(Kraft, Herbert) |
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