Marathon Ocean Housing, LLC v. Champion Home Builders, Inc.
| Marathon Ocean Housing, LLC |
| Champion Home Builders, Inc., Westchester Fire Insurance Company, SHP GENERAL CONTRACTOR, LC and PP TARPON HARBOUR, LLC |
| 9:2019cv80452 |
| April 1, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 54 Transmittal Letter Sent with Order Remanding Case to: 15th Judicial Circuit Court. State Court Case Number: 50-02019-CA-002974-XXXX-MB (kpe) |
Filing 53
Order Remanding Case. This action is REMANDED to the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. All pending Motions are DENIED AS MOOT. The Clerk of the Court shall CLOSE the case in this District. Signed by Judge Donald M. Middlebrooks on 7/11/2019. See attached document for full details. (kpe)
|
| Filing 52 Clerks Notice to Filer re #50 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (kpe) |
| Filing 51 ANSWER to Counterclaim by Marathon Ocean Housing, LLC. (Chaves, Richard) |
| Filing 50 Motion to Join/NOTICE by Westchester Fire Insurance Company re #49 MOTION to Strike #39 Amended Complaint (of Joinder) (Etcheverry, Edward) Modified to convert document to a motion on 7/10/2019 (kpe). |
| Filing 49 MOTION to Strike #39 Amended Complaint by Champion Home Builders, Inc.(a foreign corporation). Responses due by 7/23/2019 (DiPaolo, Catherine) |
| Filing 48 Champion Home Builders' ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against All Plaintiffs by Champion Home Builders, Inc.(a foreign corporation). (Attachments: #1 Exhibit)(DiPaolo, Catherine) |
| Filing 47 ANSWER and Affirmative Defenses to Amended Complaint (Second) by Westchester Fire Insurance Company. (Etcheverry, Edward) |
| Filing 46 NOTICE by Champion Home Builders, Inc.(a foreign corporation) of Consent to Remand in Lieu of Amended Notice of Removal (DiPaolo, Catherine) |
| Filing 45 NOTICE by Champion Home Builders, Inc. re #42 Notice (Other) Request for Copies (DiPaolo, Catherine) |
| Filing 44 NOTICE by Marathon Ocean Housing, LLC(a Florida limited liability company) of Intent to Serve Subpoena (Chaves, Richard) |
| Filing 43 In light of Plaintiff's Second Amended Complaint (DE #39 ), Defendant Champion Home Builders, Inc.'s Motion to Strike (DE #6 ) and Defendant Westchester Fire Insurance Company's Joinder in Champion Home Builders, Inc.'s Motion to Strike (DE #27 ) are denied as moot. Signed by Judge Donald M. Middlebrooks on 7/1/2019. (mbt) |
| Filing 42 NOTICE by Marathon Ocean Housing, LLC(a Florida limited liability company) Notice of Intent to Serve Subpoena (Chaves, Richard) |
|
Filing 41
PAPERLESS ORDER. With leave of the Court and the consent of Defendants Champion Home Builders, Inc. and Westchester Fire Insurance Company (DE 38 ), Plaintiff filed a Second Amended Complaint on June 26, 2019. (DE #39 ). The Second Amended Complaint joins two limited liability companies to this action but does not state the citizenship of any of these entities' members. Accordingly, while Defendant Champion Home Builders, Inc. initially removed this matter on the basis of the Court's diversity jurisdiction, the operative complaint does not allege facts sufficient to support diversity jurisdiction. It is well established that joinder of a nondiverse party destroys subject matter jurisdiction and warrants remand. See Ingram v. CSX Transp., Inc., 146 F.3d 858, 862 (11th Cir. 1998). Accordingly, Defendant Champion Home Builders, Inc., as the Party that initially invoked this Court's jurisdiction, is ORDERED to file on or before July 8, 2019 an Amended Notice of Removal indicating the citizenship of each member of Defendants PP Tarpon Harbour, LLC and SHP General Contractor, LLC. Failure to file an Amended Notice of Removal by this deadline may result in remand. See Allen v. Christenberry, 327 F.3d 1290, 1293 (11th Cir. 2003) (any doubt as to the appropriateness of removal must be resolved against accepting removal jurisdiction and in favor of remand). Signed by Judge Donald M. Middlebrooks on 6/27/2019. (mbt)
|
| Filing 40 DEMAND for Trial by Jury by Marathon Ocean Housing, LLC (Chaves, Richard) |
| Filing 39 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Marathon Ocean Housing, LLC.(Chaves, Richard) |
|
Filing 38
PAPERLESS ORDER granting #37 motion for leave to file. Plaintiff moves to file a Second Amended Complaint in order to join two "potentially culpable parties." (DE #37 at p.2). Neither of the current Defendants oppose a grant of leave to amend. Federal Rule of Civil Procedure 20 permits joinder of defendants if "any question of law or fact common to all defendants will arise in the action." Fed. R. Civ. P. 20(2)(B). This standard appears to be met here, and because Rule 15 provides that leave to amend a pleading should be freely given "when justice so requires," Fed. R. Civ. P. 15(a), Plaintiff's Motion is GRANTED. Plaintiff is advised that pursuant to Local Rule 15.1, the amended pleading must be separately filed. The deadline for Plaintiff to file its Second Amended Complaint is June 28, 2019. Signed by Judge Donald M. Middlebrooks on 6/26/2019. (mbt)
|
| Filing 37 Plaintiff's MOTION to Amend/Correct #3 Amended Complaint by Marathon Ocean Housing, LLC. Responses due by 7/9/2019 (Attachments: #1 Exhibit)(Chaves, Richard) Modified text on 6/26/2019 (kpe). |
|
Filing 36
ORDER STRIKING SECOND #32 AMENDED COMPLAINT. Signed by Judge Donald M. Middlebrooks on 6/24/2019. See attached document for full details. (kpe)
|
| Filing 35 Summons Issued as to PP TARPON HARBOUR, LLC, SHP GENERAL CONTRACTOR, LC. (kpe) |
| Filing 34 NOTICE of Filing Proposed Summons(es) PP TARPON HARBOUR LLC by Marathon Ocean Housing, LLC(a Florida limited liability company) (Chaves, Richard) |
| Filing 33 NOTICE of Filing Proposed Summons(es) SHP GENERAL CONTRACTOR, LC by Marathon Ocean Housing, LLC(a Florida limited liability company) (Chaves, Richard) |
| Filing 32 STRICKEN Second AMENDED COMPLAINT against Champion Home Builders, Inc.(a foreign corporation), Westchester Fire Insurance Company, PP TARPON HARBOUR, LLC, SHP GENERAL CONTRACTOR, LC, filed by Marathon Ocean Housing, LLC(a Florida limited liability company).(Chaves, Richard) Modified on 6/24/2019 per DE #36 Order(kpe). |
|
Filing 31
PAPERLESS ORDER OF CORRECTION. In the Order Granting in Part Motion to Extend Pretrial Deadlines issued by this Court on June 7, 2019 (DE #30 ), the discovery deadline is mistakenly identified as August 2, 2019. The deadline by which all discovery must be completed in this matter is in fact December 2, 2019. Signed by Judge Donald M. Middlebrooks on 6/17/2019. (mbt)
|
|
Filing 30
ORDER GRANTING IN PART [29*] MOTION TOEXTEND PRETRIAL DEADLINES AND CONTINUE TRIAL. Discovery due by 8/2/2019. Dispositive Motions due by 12/16/2019. In Limine Motions due by 12/16/2019. Motions due by 12/16/2019. Pretrial Stipulation due by 1/13/2020. Calendar Call set for 2/12/2020 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 2/18/2020 before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 6/7/2019. See attached document for full details. (kpe)
|
| Filing 29 Agreed MOTION for Extension of Time of Pre-Trial Deadlines and Trial by Westchester Fire Insurance Company. Responses due by 6/12/2019 (Attachments: #1 Affidavit Exhibit A, #2 Text of Proposed Order)(Kerbel, Steve) |
| Filing 28 ANSWER and Affirmative Defenses to Amended Complaint by Westchester Fire Insurance Company. (Etcheverry, Edward) |
| Filing 27 MOTION to Adopt/Join #6 MOTION to Strike by Westchester Fire Insurance Company. (Etcheverry, Edward) |
| Filing 26 Initial Disclosure(s) of 7.1 Corporate Disclosures by Westchester Fire Insurance Company (Kerbel, Steve) |
| Filing 25 NOTICE of Attorney Appearance by Edward Etcheverry on behalf of Westchester Fire Insurance Company. Attorney Edward Etcheverry added to party Westchester Fire Insurance Company(pty:dft). (Etcheverry, Edward) |
| Filing 24 Joint SCHEDULING REPORT - Rule 26(f) by Marathon Ocean Housing, LLC (Chaves, Richard) |
| Filing 23 DEMAND for Trial by Jury by Marathon Ocean Housing, LLC (Chaves, Richard) |
|
Filing 22
ORDER denying #5 Motion to Dismiss. Signed by Judge Donald M. Middlebrooks on 5/6/2019. See attached document for full details. (kpe)
|
|
Filing 21
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 7/1/2019., Discovery due by 11/4/2019., Joinder of Parties due by 7/1/2019., In Limine Motions due by 12/2/2019., Dispositive Motions due by 12/2/2019., Motions due by 12/2/2019., Pretrial Stipulation due by 1/6/2020., Jury Trial set for 2/3/2020 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 1/29/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Magistrate Judge Dave Lee Brannon on 5/3/2019. See attached document for full details. (kpe) #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.
|
| Filing 20 Initial Disclosure(s) of Rule 7.1 Corporate Disclosures by Champion Home Builders, Inc.(a foreign corporation) (DiPaolo, Catherine) |
| Filing 19 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 5/3/2019. Attorney Appearances: Richard Chaves, Esq. for Plaintiff | Catherine DiPaolo, Esq. and Patrick Poff, Esq. for Defendant Champion Home Builders, Inc.; Steven Kervel, Esq. for Defendant Westchester Fire Insurance Co. Pretrial and scheduling matters discussed. Scheduling Order to follow. (Total Time in Court: 2 mins. | Digital: 14:40:07) (jrz) |
| Filing 18 Clerks Notice to Filer re #16 Certificate of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 17 Summons Returned Executed. It is not necessary to refile this document. (kpe) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #3 Amended Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Marathon Ocean Housing, LLC. Westchester Fire Insurance Company served on 4/26/2019, answer due 5/17/2019. See DE #16 for image. (kpe) |
| Filing 16 CERTIFICATE OF SERVICE by Marathon Ocean Housing, LLC (Chaves, Richard) |
| Filing 15 Initial Disclosure(s) of 7.1 Corporate Disclosures by Marathon Ocean Housing, LLC (Chaves, Richard) |
| Filing 14 RESPONSE in Opposition re #6 MOTION to Strike filed by Marathon Ocean Housing, LLC. Replies due by 5/7/2019. (Chaves, Richard) |
| Filing 13 ANSWER to Counterclaim by Marathon Ocean Housing, LLC(a Florida limited liability company). (Chaves, Richard) |
| Filing 12 RESPONSE in Opposition re #5 MOTION to Dismiss #3 Amended Complaint , Count 2 filed by Marathon Ocean Housing, LLC. Replies due by 5/7/2019. (Chaves, Richard) |
|
Filing 11
PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for May 3, 2019 at 2:30 P.M. in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets three cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 4/26/2019. (spe)
|
| Filing 10 Corrected ANSWER to Complaint and Affirmative Defenses and, COUNTERCLAIM against Marathon Ocean Housing, LLC by Champion Home Builders, Inc.. (Attachments: #1 Exhibit A)(DiPaolo, Catherine) |
|
Filing 9
ORDER REFERRING AND SETTING TRIAL DATE to Magistrate Judge Scheduling Conference: Jury Trial set for 2/3/2020 AT 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/29/2020 AT 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 4/22/2019. See attached document for full details. (ail) #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.
|
| Filing 8 Summons Issued as to Westchester Fire Insurance Company. (kpe) |
| Filing 7 NOTICE of Filing Proposed Summons(es) by Marathon Ocean Housing, LLC (Chaves, Richard) |
| Filing 6 MOTION to Strike by Champion Home Builders, Inc.. Responses due by 5/1/2019 (DiPaolo, Catherine) |
| Filing 5 MOTION to Dismiss #3 Amended Complaint , Count 2 by Champion Home Builders, Inc.. Responses due by 5/1/2019 (DiPaolo, Catherine) |
| Filing 4 ANSWER and Affirmative Defenses to Amended Complaint , COUNTERCLAIM against Marathon Ocean Housing, LLC by Champion Home Builders, Inc.. (DiPaolo, Catherine) |
| Filing 3 AMENDED COMPLAINT against Champion Home Builders, Inc., filed by Marathon Ocean Housing, LLC. (Attachments: #1 Summon(s))(Chaves, Richard) |
| 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11522221, filed by Champion Home Builders, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(Drushal, Amy) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
