Townhouse Restaurant of Oviedo, Inc. v. NUCO2, LLC
| Townhouse Restaurant of Oviedo, Inc. and Estero Bay Hotel Co. |
| NUCO2, LLC |
| 2:2019cv14085 |
| March 6, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Robin L Rosenberg |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 22 ANSWER and Affirmative Defenses to Amended Complaint by NUCO2, LLC. (Gabsi, Zina) |
| Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by NUCO2, LLC (Attachments: #1 Text of Proposed Order)(Gabsi, Zina) |
| Filing 20 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Estero Bay Hotel Co.. (Garcia, Anthony) |
| Filing 19 Clerks Notice to Filer re #18 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (mc) |
| Filing 18 First AMENDED COMPLAINT against NUCO2, LLC, filed by Townhouse Restaurant of Oviedo, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Garcia, Anthony) |
Filing 17
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Shaniek M. Maynard on 04/16/2019. See attached document for full details. (jao)
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Filing 16
ORDER ON MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING (DE 10); granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Nicholas W. Armstrong, Garrett Owens. Signed by Magistrate Judge Shaniek M. Maynard on 04/16/2019. See attached document for full details. (jao)
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Filing 15
ORDER ON MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING (DE 11);granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Kenneth J. Mallin. Signed by Magistrate Judge Shaniek M. Maynard on 4/16/2019. See attached document for full details. (jao)
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| Filing 14 NOTICE by NUCO2, LLC re 12 Order,, #1 Complaint, (Gabsi, Zina) |
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Filing 13
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: ( Jury Trial set for 3/2/2020 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 2/26/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 1/29/2020 09:30 AM before Judge Robin L. Rosenberg.) Signed by Judge Robin L. Rosenberg on 4/15/2019. See attached document for full details. (jao) #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.
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Filing 12
PAPERLESS ORDER. Plaintiff alleges in the Complaint that this Court has jurisdiction under 28 U.S.C. 1332. Plaintiff has not adequately pled complete diversity of the parties. For the purpose of diversity jurisdiction, the citizenship of an L.L.C. is the citizenship of its members. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff has failed to allege the citizenship of each member of each L.L.C. that is a party to this action. Accordingly, by April 19, 2019, Plaintiff shall file an amended complaint that properly alleges the citizenship of each party Signed by Judge Robin L. Rosenberg on 4/12/2019. (bkd)
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| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kenneth J. Mallin. Filing Fee $ 75.00 Receipt # 113C-11553527 by NUCO2, LLC. Responses due by 4/26/2019 (Attachments: #1 Text of Proposed Order)(Gabsi, Zina) |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nicholas Armstrong, Garrett Owens. Filing Fee $ 150.00 Receipt # 113C-11532460 by Townhouse Restaurant of Oviedo, Inc.. Responses due by 4/18/2019 (Attachments: #1 Certification Nick Armstrong, #2 Certification Garrett Owens, #3 Text of Proposed Order Granting Motion)(Garcia, Anthony) |
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Filing 9
PAPERLESS ORDER granting in part and denying in part #6 Motion for Extension of Time to File Response/Answer to a Complaint or Other Case Initiating Document NUCO2, LLC. Answer due 4/16/2019. Re: #1 Complaint, filed by Townhouse Restaurant of Oviedo, Inc. Signed by Judge Robin L. Rosenberg on 4/2/2019. (bkd)
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| Filing 8 NOTICE of Attorney Appearance by Clement Ryan Reetz on behalf of NUCO2, LLC. Attorney Clement Ryan Reetz added to party NUCO2, LLC(pty:dft). (Reetz, Clement) |
| Filing 7 Corporate Disclosure Statement by NUCO2, LLC identifying Corporate Parent NuCO2, Inc., Other Affiliate Linde PLC, Other Affiliate Praxair, Inc. for NUCO2, LLC (Gabsi, Zina) |
| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by NUCO2, LLC. (Attachments: #1 Text of Proposed Order)(Gabsi, Zina) |
| Filing 5 NOTICE of Attorney Appearance by Zina Gabsi on behalf of NUCO2, LLC. Attorney Zina Gabsi added to party NUCO2, LLC(pty:dft). (Gabsi, Zina) |
| Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Townhouse Restaurant of Oviedo, Inc.. NUCO2, LLC served on 3/12/2019, answer due 4/2/2019. (Garcia, Anthony) |
| Filing 3 Summons Issued as to NUCO2, LLC. (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg 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. 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. (jao) |
| Filing 1 COMPLAINT for violation of FL stat. 501.201 against NUCO2 LLC, a Foreign Limited Liability Company. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-11449686, payment transferred from : 2:19-cv-14083-XXXX, Townhouse Restaurant of Oviedo, FL v. NUCO2 LLC, a Foreign Limited Liability Company, filed by Townhouse Restaurant of Oviedo, FL, Inc.. (Attachments: #1 Exhibit Exhibit A to Complaint, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summon(s) Summons)(Garcia, Anthony) |
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