Bryant et al v. Sun Home Services, Inc.
| Vincent Bryant and Donna Bryant |
| Sun Home Services, Inc. |
| 2:2026cv14180 |
| May 22, 2026 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Real Property: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 21 REPLY in Support of Motion re #15 Defendant's MOTION for Judgment on the Pleadings . filed by Sun Home Services, Inc.. (Porr, Walter) |
| Filing 20 RESPONSE in Opposition re #15 Defendant's MOTION for Judgment on the Pleadings filed by Donna Bryant, Vincent Bryant. Replies due by 7/2/2026. (Carothers, Barry) |
| Filing 19 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Donna Bryant, Vincent Bryant (Carothers, Barry) |
| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by Sun Home Services, Inc. (Attachments: #1 Text of Proposed Order Joint Scheduling Order)(Porr, Walter) |
| Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Sun Home Services, Inc. (Porr, Walter) |
| Filing 16 STATUS REPORT - Removal - by Sun Home Services, Inc. (Porr, Walter) |
| Filing 15 Defendant's MOTION for Judgment on the Pleadings by Sun Home Services, Inc.. Responses due by 6/26/2026. (Porr, Walter) |
Filing 14
PAPERLESS ORDER denying as moot Defendant's Motion to Dismiss #9 in light of Answer #11 and denying Defendant's Motion to Strike #10 . First, on the Motion to Strike, Federal Rule of Civil Procedure 12(g)(2) prohibits the filing of a Motion to Strike after the filing of a Motion to Dismiss. See Fed. R. Civ. P. 12(g)(2) (dictating that, with exceptions inapplicable here, a party that makes a motion under [Rule 12] must not make another motion under [Rule 12] raising a defense or objection that was available to the party but omitted from its earlier motion); see also Persivia, Inc. v. Sanitas USA, Inc., No. 25-CV-22423, 2025 WL 3628138, at *2 (S.D. Fla. Dec. 15, 2025); Fedderman v. Palm Beach Cnty. Sch. Bd., No. 22-81857-CIV, 2023 WL 7124166, at *3 (S.D. Fla. Oct. 30, 2023) (finding procedurally improper a motion to strike that was filed after a motion to dismiss). More substantively, relief under Rule 12(f) is granted sparingly to strike from a pleading "an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter," Fed. R. Civ. P. 12(f); Defendant's attempt to use Rule 12(f) to challenge Plaintiff's claim for emotional distress damages does not fall under those limited categories and therefore fails on the merits anyway. Turning to Defendant's Motion to Dismiss #9 , filed after Defendant's Answer #11 , it is understood that motions to dismiss become improper after a responsive pleading is filed. See Gaby's Bags, LLC v. Mercari, Inc., No. 19-CV-785-FTM-38, 2020 WL 495215, at *6 (M.D. Fla. Jan. 30, 2020) (collecting cases that deny as moot motions to dismiss when simultaneously filed with an answer). That is the case here; Defendant's Answer #11 --filed after its Motion to Dismiss #9 --makes it "procedurally impossible for the Court to rule on the [M]otion to [D]ismiss," Brisk v. City of Miami Beach, Fla., 709 F. Supp. 1146, 1147 (S.D. Fla. 1989), because "[i]t is technically impossible to challenge the sufficiency of an allegation in a complaint, as one does in a motion to dismiss, while simultaneously admitting or denying the same allegation, as one does in an answer," Boat Raising & Reclamation v. Victory, a 56' Dania Custom Boat, No. 06-CV-78-FTM-29, 2007 WL 9718694, at *1 (M.D. Fla. Jan. 11, 2007). For these reasons, Defendant's Motion to Dismiss #9 is denied as moot and Defendant's Motion to Strike is denied. Nothing in this Order shall be construed to limited Defendant's ability to challenge Plaintiff's claims in accordance with the Federal Rules of Civil Procedure. Signed by Judge Aileen M. Cannon on 6/11/2026.
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Filing 13
Order Requiring Joint Scheduling Report and Certificates of Interested Parties. Joint Scheduling Report due by 6/22/2026. Signed by Judge Aileen M. Cannon on 6/8/2026. See attached document for full details. (ls)
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| Filing 12 MEMORANDUM of Law re #8 Order, Jurisdiction by Sun Home Services, Inc.. (Attachments: #1 Exhibit Jurisdictional Exhibits)(Porr, Walter) |
| Filing 11 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Sun Home Services, Inc.. (Porr, Walter) |
| Filing 10 Defendant's MOTION to Strike Emotional Distress Claim by Sun Home Services, Inc.. Responses due by 6/15/2026. (Porr, Walter) |
| Filing 9 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counts I, II, IV, V & VII by Sun Home Services, Inc.. Responses due by 6/15/2026. (Porr, Walter) |
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Filing 8
ORDER DIRECTING DEFENDANT TO CLARIFY CITIZENSHIP re #1 Notice of Removal (State Court Complaint), filed by Sun Home Services, Inc. On or before June 4, 2026, Defendant shall supplement the record with additional evidence or affidavits supporting the exercise of diversity jurisdiction in this case. Any motion to conduct jurisdictional discovery is due on or before June 1, 2026. Signed by Judge Aileen M. Cannon on 5/27/2026. See attached document for full details. (pc)
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| Filing 7 NOTICE OF COURT PRACTICES IN REMOVAL CASES (Removal Status Report due by 6/10/2026.) Signed by Judge Aileen M. Cannon on 5/27/2026. See attached document for full details. (pc) |
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Filing 6
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 5/26/2026.
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| Filing 5 CLERK'S NOTICE - Attorney Admissions has accepted the email information change request as submitted through attorneys PACER account for attorney Walter H. Porr, Jr re #3 Notice of Change of Address, Email or Law Firm Name (pt) |
| Filing 4 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Walter H. Porr, Jr re #3 Notice of Change of Address, Email or Law Firm Name. Attorney Walter H. Porr, Jr has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 3 NOTICE of Change of Address/Contact Information; Change of Email; by Walter H. Porr, Jr (Porr, Walter) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-19577703, filed by Sun Home Services, Inc.. (Attachments: #1 Exhibit State Court Record, #2 Civil Cover Sheet)(Porr, Walter) (Complaint see pg.5 of Exh.1, no Answer/Motion to Dismiss filed) Modified text on 5/26/2026 (pc). |
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