Lynda Scarberry Dillon, v. Sunbelt Rentals, Inc. et al
Plaintiff: Lynda Scarberry Dillon, Individually and as Personal Representative of the Estate of John Thomas Dillon, IV and Lynda Scarberry Dillon
Defendant: John Doe, Vanderlans & Sons, Inc. and Sunbelt Rentals, Inc.
Case Number: 9:2019cv80697
Filed: May 28, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Tort Product Liability
Cause of Action: 28:1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2019 Filing 14 REPLY to Response to Motion re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Sunbelt Rentals, Inc.. (Golembe, Joshua)
June 26, 2019 Filing 13 RESPONSE in Opposition re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Lynda Scarberry Dillon. Replies due by 7/3/2019. (Denney, Brian)
June 17, 2019 Filing 12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Sunbelt Rentals, Inc.. Responses due by 7/1/2019 (Attachments: #1 Exhibit Plaintiff's Complaint)(Golembe, Joshua)
June 17, 2019 Filing 11 NOTICE by Vanderlans & Sons, Inc. re 8 Order,,,, Set/Reset Deadlines,,, Amended Notice of Removal (Attachments: #1 Exhibit 1) (Marichal, Carlo)
June 10, 2019 Filing 10 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Vanderlans & Sons, Inc.. (Marichal, Carlo)
June 10, 2019 Filing 9 NOTICE OF UNAVAILABILITY by Lynda Scarberry Dillon for dates of June 26, 2019 through July 5, 2019 and July 18, July 25 and July 26, 2019 (Denney, Brian)
June 6, 2019 Opinion or Order Filing 8 PAPERLESS ORDER. Defendants allege that this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. Specifically, Defendants have failed to plead the state of Plaintiffs' citizenship. Additionally, Defendants allege only that Defendants are foreign corporations incorporated outside of Florida and with their principal places of business outside of Florida. These allegations are insufficient to allege diversity of citizenship; without allegations specifying the state(s) in which each party is a citizen, this Court cannot assess its own jurisdiction over this matter. See e.g., Carolyn S. Story, Inc. v. Accounting Sols. Holding Co., 2007 WL 1284919, at *1 (M.D. Ga. May 1, 2007). Accordingly, Defendants shall file an amended notice of removal on or by June 17, 2019, curing the jurisdictional deficiencies noted herein. Signed by Judge Donald M. Middlebrooks on 6/6/2019. (sfr)
June 4, 2019 Filing 7 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Vanderlans & Sons, Inc.. (Marichal, Carlo)
June 4, 2019 Opinion or Order Filing 6 PAPERLESS ORDER granting #4 Motion for Extension of Time. The deadline for Defendant Sunbelt Rentals, Inc. to respond to Plaintiff's Complaint shall be extended to June 19, 2019. Signed by Judge Donald M. Middlebrooks on 6/4/2019. (sfr)
June 4, 2019 Filing 5 Clerks Notice to Filer re #4 Agreed MOTION for Extension of Time Extension of Time to Respond to Complaint re #1 Notice of Removal (State Court Complaint),. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
June 3, 2019 Filing 4 Agreed Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint) by Sunbelt Rentals, Inc.. Responses due by 6/17/2019 (Attachments: #1 Text of Proposed Order)(Golembe, Joshua) Modified Relief on 6/4/2019 (ls).
May 31, 2019 Filing 3 NOTICE of Attorney Appearance by F. Bryant Blevins on behalf of Sunbelt Rentals, Inc.. Attorney F. Bryant Blevins added to party Sunbelt Rentals, Inc.(pty:dft). (Blevins, F.)
May 28, 2019 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. (mee)
May 28, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11680415, filed by Vanderlans & Sons, Inc. No Motion to Dismiss/no answer filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Filings)(Marichal, Carlo)Text Modified on 5/29/2019 (mee).

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Defendant: John Doe
Represented By: Carlo D Marichal
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Defendant: Vanderlans & Sons, Inc.
Represented By: Carlo D Marichal
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Defendant: Sunbelt Rentals, Inc.
Represented By: Joshua Alan Golembe
Represented By: F. Bryant Blevins
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Plaintiff: Lynda Scarberry Dillon, Individually and as Personal Representative of the Estate of John Thomas Dillon, IV
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Plaintiff: Lynda Scarberry Dillon
Represented By: Brian R. Denney
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