Rayne v. Monsanto Company
David Walter Rayne |
Monsanto Company |
9:2020cv80575 |
April 2, 2020 |
US District Court for the Southern District of Florida |
Dave Lee Brannon |
Donald M Middlebrooks |
Personal Inj. Prod. Liability |
28 U.S.C. ยง 1332 |
Plaintiff |
Docket Report
This docket was last retrieved on May 6, 2020. A more recent docket listing may be available from PACER.
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Filing 9 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in California Northern District as case 3:20-cv-03113, filed 05/06/2020. (jua) |
Filing 8 CONDITIONAL TRANSFER ORDER (CTO-205) transferring case to the Northern District of California re: MDL 2741 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Vince Chhabria. (Signed by John W. Nicholas, Clerk of the Panel). (mc) |
Civil Case Terminated per DE #8 Conditional Transfer Order. Closing Case. (mc) |
SYSTEM ENTRY - Case 9:20-cv-80575 electronically transferred out to California Northern. (mc) |
Filing 7 Courtesy Copy of CONDITIONAL TRANSFER ORDER (CTO-205) transferring case to the Northern District of California re: MDL 2741 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Vince Chhabria. (Signed by John W. Nicholas, Clerk of the Panel). (Awaiting certified copy from the transferee court). (mc) |
Filing 6 NOTICE by David Walter Rayne Notice of Filing of Potential Tag-Along Action (Attachments: #1 Exhibit Notice of Potential Tag-Along Action) (Morgan, T) |
Filing 5 First AMENDED COMPLAINT against Monsanto Company, filed by David Walter Rayne.(Morgan, T) |
Filing 4 PAPERLESS ORDER. Plaintiff initiated this action on April 2, 2020. (DE #1 ). In Plaintiff's Complaint, Plaintiff alleges in conclusory fashion that "[f]ederal diversity jurisdiction in this Court is proper under 28 U.S.C. 1332 because Plaintiff is a citizen of Florida, a different state than the Defendant's states of citizenship, and the aggregate amount in controversy exceeds $75,000, exclusive of interest and costs." Id. I find that this statement of jurisdiction is overly vague. Plaintiff does not allege Defendants citizenship, nor does Plaintiff allege facts which establish that this case meets the jurisdictional threshold. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) (When a plaintiff files suit in federal court, he must allege facts that, if true, show federal subject matter jurisdiction over his case exists.). Accordingly, Plaintiff is ordered to file an Amended Complaint on or before April 15, 2020 in which Plaintiff alleges both facts sufficient to support diversity of citizenship and facts sufficient to support the amount in controversy. Failure to comply with this Order will result in dismissal of this case for lack of jurisdiction. Signed by Judge Donald M. Middlebrooks on 4/8/2020. (gts) |
Filing 3 Summons Issued as to Monsanto Company. (kpe) |
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. (kpe) |
Filing 1 COMPLAINT against Monsanto Company. Filing fees $ 400.00 receipt number AFLSDC-12688061, filed by David Walter Rayne. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Morgan, T) |
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Plaintiff: David Walter Rayne | |
Represented By: | T Michael Morgan |
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Defendant: Monsanto Company | |
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