Yaria v. Michaels Stores, Inc. et al
| Deborah Ann Yaria |
| Donald Litton and Michaels Stores, Inc. |
| 9:2018cv80959 |
| July 20, 2018 |
| U.S. District Court for the Southern District of Florida |
| West Palm Beach Office |
| Palm Beach (Office: West Palm Beach) |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 23, 2018. A more recent docket listing may be available from PACER.
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| Filing 20 REPLY to Response to Motion re #16 Plaintiff's MOTION to Remand to State Court filed by Deborah Ann Yaria. (Attachments: #1 Exhibit A, #2 Exhibit B)(Steinberg, Brett) |
| Filing 19 Defendant's REPLY to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss by Michaels Stores, Inc.. (Garcia, Michael) |
| Filing 18 Defendant's RESPONSE in Opposition to Plaintiff's Motion for Remand and Incorporated Memorandum of Law by Michaels Stores, Inc.. (Attachments: #1 Exhibit A)(Garcia, Michael) |
| Filing 17 RESPONSE in Opposition re #3 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Alternative Motion for More Definite Statement with Incorporated Memorandum of Law filed by Deborah Ann Yaria. Replies due by 8/22/2018. (Attachments: #1 Exhibit 1)(Steinberg, Brett) |
| Filing 16 Plaintiff's MOTION to Remand to State Court by Deborah Ann Yaria. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Steinberg, Brett) |
Filing 15
PAPERLESS ORDER terminating #8 Motion for Extension of Time. Signed by Judge Donald M. Middlebrooks on 8/3/2018. (bwn)
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Filing 14
PAPERLESS ORDER denying as moot #7 Motion for Extension of Time. In light of this Court's ruling on Plaintiff's Amended Motion for Extension of Time (DE 13 ), this motion is denied as moot. Signed by Judge Donald M. Middlebrooks on 8/3/2018. (bwn)
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Filing 13
PAPERLESS ORDER granting #10 Motion for Extension of Time. The deadline for Plaintiff to file any response to Defendant's motion to dismiss (DE 4 ) is extended to August 15, 2018. In addition, as the Parties are aware in light the earlier Order (DE 4 ), I have concerns regarding whether I have subject-matter jurisdiction over this case, an issue that must be resolved at the earliest possible stage of litigation. Accordingly, as Plaintiff has indicated that she intends to file a motion to remand this matter based on lack of subject matter jurisdiction, and to give both Parties an opportunity to brief the issue, the deadline for Plaintiff to file any Motion to Remand is August 10, 2018. Finally, I encourage the Parties to confer in good faith before filing any motions pursuant to Local Rule 7.1(a)(3) instead of assuming that the other party will object to the filing. I also want to caution the Parties (1) not to inundate the Court with references to irrelevant or collateral issues between counsel, and (2) not to file copies of correspondence between or among counsel except when necessary as an exhibit when seeking relief from the Court, pursuant to Local Rule 7.7. Signed by Judge Donald M. Middlebrooks on 8/3/2018. (bwn)
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| Filing 12 RESPONSE to Motion re #10 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #8 MOTION for Extension of Time to File Response/Reply/Answer as to #7 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #3 De filed by Michaels Stores, Inc.. Replies due by 8/10/2018. (Garcia, Michael) |
| Filing 11 REPLY to Response to Motion re #8 MOTION for Extension of Time to File Response/Reply/Answer as to #7 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #3 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice filed by Deborah Ann Yaria. (Attachments: #1 Exhibit A)(Steinberg, Brett) |
| Filing 10 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #8 MOTION for Extension of Time to File Response/Reply/Answer as to #7 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #3 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice by Deborah Ann Yaria. (Steinberg, Brett) |
| Filing 9 RESPONSE to Motion re #7 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #3 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Alte filed by Michaels Stores, Inc.. Replies due by 8/9/2018. (Garcia, Michael) |
| Filing 8 MOTION for Extension of Time to File Response/Reply/Answer as to #7 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #3 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Alte by Deborah Ann Yaria. (Steinberg, Brett) |
| Filing 7 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #3 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Alternative Motion for More Definite Statement with Incorporated Memorandum of Law by Deborah Ann Yaria. (Steinberg, Brett) |
| Filing 6 NOTICE by Michaels Stores, Inc. of Filing Supplemental Memorandum in Support of Removal (Garcia, Michael) |
| Filing 5 NOTICE by Michaels Stores, Inc. of Filing Affidavit in Support of Removal (Attachments: #1 Exhibit A) (Garcia, Michael) |
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Filing 4
PAPERLESS ORDER. On July 20, 2018, Defendants removed this action and argued that this Court has subject matter jurisdiction based on diversity even though Defendant Donald Litton is a resident, non-diverse Defendant because he was fraudulently joined to defeat diversity. (DE #1 ). To establish fraudulent joinder, "the removing party has the burden of proving by clear and convincing evidence that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudulently pled jurisdictional facts to bring the resident defendant into state court." Stillwell v. Allstate Ins. Co., 663 F.3d 1329, 1332 (11th Cir. 2011). This burden is a "heavy one," and "[i]f there is even a possibility that a state court would find that the complaint states a cause of action against any one of the resident defendants, the federal court must find that the joinder was proper and remand the case to the state court." Id. at 1333. "The determination of whether a resident defendant has been fraudulently joined must be based upon the plaintiff's pleadings at the time of removal, supplemented by any affidavits and deposition transcripts submitted by the parties." Legg v. Wyeth, 428 F.3d 1317, 1322 (11th Cir. 2005). Although Defendants argue that Defendant Litton was fraudulently joined, Defendants have not provided any evidence to support their contention. Accordingly, by Thursday, August 2, 2018, Defendants must supplement their Notice of Removal with sufficiently clear and convincing evidence showing that Defendant Donald Litton was fraudulently joined. A failure to do so will result in this action being remanded for lack of subject matter jurisdiction. Signed by Judge Donald M. Middlebrooks on 7/30/2018. (bwn)
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| Set Deadlines Per DE#4 Miscellaneous Deadline 8/2/2018. (cqs) |
| Filing 3 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, and Alternative Motion for More Definite Statement with Incorporated Memorandum of Law by Michaels Stores, Inc.. Responses due by 8/6/2018 (Garcia, Michael) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (lbc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-10838629, filed by Michaels Stores, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 -Plaintiff's Complaint, #3 Exhibit 2 - proposed stipulation, #4 Exhibit 3 - Defendants Motion for Extension of Time, #5 Exhibit 4 - correspondence from opposing counsel, #6 Exhibit 5 - Plaintiff's Motion, #7 Exhibit 6 -State Court Pleadings, #8 Exhibit 7 - jury verdict searches, #9 Exhibit 8 - redacted medicals)(Garcia, Michael) |
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