Beale et al v. Husqvarna AB et al
| Rose Beale and Jason Beale |
| Husqvarna Professional Products, Inc, Husqvarna Consumer Outdoor Products N .A, Inc., Husqvarna Group, Husqvarna AB, Assemblers, Inc, Home Depot USA, Inc., Milsco, LLC and Husqvarna US Holding, Inc. |
| 9:2020cv80909 |
| June 5, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 49 NOTICE of Filing Discovery: Response to Jurisdictional Request for Production by Assemblers, Inc.(Popova, Simona) |
Filing 48
PAPERLESS ORDER granting in part #47 Plaintiffs' Unopposed "Emergency Motion" for an Extension of Time to Join Additional Parties and Amend Pleadings. At the outset, I want to be clear that this is not a judicial emergency. I admonish Plaintiffs to avoid using S.D. Fla. Local Rule 7.1(d) for filings that constitute routine requests for enlargement of a deadline. See S.D. Fla. L. R. 7.1(d)(1)("[t]he unwarranted designation of a motion as an emergency motion may result in sanctions."). I will, however, grant the requested relief in part. Plaintiffs seek a one-month extension of the September 8, 2020 deadline to join additional parties and to amend pleadings (DE #43 ). On August 3, 2020, I entered an Order Granting in Part Plaintiffs' Motion for Jurisdictional Discovery (DE #41 ). Plaintiffs represent that they conducted discovery but are awaiting Defendants' responses to certain discovery requests and those responses are expected by September 16, 2020. (DE #47 at 5-6). To allow Plaintiffs time to review the forthcoming discovery responses, I will extend the deadline for joining additional parties and amending pleadings from September 8, 2020, to September 22, 2020. No other deadlines set forth in the Pretrial Scheduling Order are modified or extended as a result of this Order. Signed by Judge Donald M. Middlebrooks on 9/8/2020. (kal)
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| Filing 47 EMERGENCY MOTION with Certification of Emergency included by Jason Beale. Responses due by 9/18/2020 (Niakan, Cyrus) |
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Filing 46
ORDER ON DEFENDANT MILSCO, LLCS SUGGESTION OF BANKRUPTCY. This matter is automatically STAYED, pursuant to 11 U.S.C. 362, as to Defendant Milsco, LLC only, until the conclusion of the bankruptcy action involving Defendant Milsco, LLC. Signed by Judge Donald M. Middlebrooks on 8/31/2020. See attached document for full details. (cds)
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| Filing 45 NOTICE by Milsco, LLC re #40 Suggestion of Bankruptcy (Letter to Judge Middlebrooks re DE 40)) (Attachments: #1 Text of Proposed Order) (Balducci, Michael) |
| Filing 44 Clerks Notice of Docket Correction re #43 Scheduling Order,,, Order Referring Case to Mediation,,. Correction Other. The correct document has been attached to this notice. (cds) |
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Filing 43
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 9/8/2020., Discovery due by 12/28/2020., Joinder of Parties due by 9/8/2020., In Limine Motions due by 1/11/2021., Dispositive Motions due by 1/11/2021., Motions due by 1/11/2021., Pretrial Stipulation due by 2/16/2021.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 8/20/2020. See attached document for full details. (cds) (Main Document 43 replaced on 8/20/2020) (cds).
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Filing 42
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/15/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/10/2021 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave L. Brannon for Scheduling Order. Signed by Judge Donald M. Middlebrooks on 8/19/2020. See attached document for full details. (cds) #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.
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Filing 41
ORDER Granting in part #28 Motion for Discovery; Granting in part #28 Motion to Stay; Granting in part #28 Motion for Leave to File ; Denying as moot #30 Motion to Remand; Deferring ruling on #31 Motion to Dismiss; Deferring ruling on #4 Motion to Dismiss for Failure to State a Claim. Signed by Judge Donald M. Middlebrooks on 8/3/2020. See attached document for full details. (cds)
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| Filing 40 SUGGESTION OF BANKRUPTCY as to Milsco, LLC by Milsco, LLC (Attachments: #1 Exhibit A)(Balducci, Michael) |
| Filing 39 NOTICE of Joinder by Home Depot USA, Inc. re #30 MOTION to Remand (Mirelman, Alan)Text Modified on 7/27/2020 (cqs). |
| Filing 38 NOTICE of Joinder by Home Depot USA, Inc. re #28 MOTION for Discovery (JURISDICTIONAL DISCOVERY) MOTION to Stay (STAY/DELAY OF RULING ON DEFENDANTS MOTION TO DISMISS AND PLAINTIFFS MOTION FOR REMAND) MOTION for Leave to File (REQUEST FOR LEAVE TO SUPPLEMENT MOTION FOR REMAND AND RESPONSE TO MOTION TO DISMISS) (Mirelman, Alan)Text Modified on 7/27/2020 (cqs). |
| Filing 37 RESPONSE to Motion re #31 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), and for more definite statement filed by Jason Beale. Replies due by 8/3/2020. (Niakan, Cyrus) |
| Filing 36 Corporate Disclosure Statement by Home Depot USA, Inc. (Mirelman, Alan) |
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Filing 35
PAPERLESS ORDER granting in part and denying in part #32 Defendant Home Depot U.S.A, Inc.'s Unopposed Motion for Extension of Time. Defendant Home Depot U.S.A, Inc. requests a 10-day extension of the deadline to respond to Plaintiff's Motion for Jurisdictional Discovery and Motion to Remand. (DE #28 ; DE #30 ). In support, Defendant's counsel states that "[d]ue to personal family and health matters, undersigned counsel has been out of the office for an extended period of time and has just returned." However, counsel does not explain why he was unable to request this extension of time before the deadline. Accordingly, I find good cause to grant the requested extension in part. Defendant Home Depot shall respond to Plaintiff's Motion for Jurisdictional Discovery and Motion to Remand on or before July 28, 2020. Signed by Judge Donald M. Middlebrooks on 7/21/2020. (gts)
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| Filing 34 RESPONSE in Opposition re #30 MOTION to Remand filed by Husqvarna Consumer Outdoor Products N.A, Inc., Husqvarna Professional Products, Inc. Replies due by 7/27/2020. (Attachments: #1 Exhibit A - Docs Re Jason Incorporated)(Marsh, Vernon) |
| Filing 33 RESPONSE in Opposition re #28 MOTION for Discovery (JURISDICTIONAL DISCOVERY) MOTION to Stay (STAY/DELAY OF RULING ON DEFENDANTS MOTION TO DISMISS AND PLAINTIFFS MOTION FOR REMAND) MOTION for Leave to File (REQUEST FOR LEAVE TO SUPPLEMENT MOTION FOR REMAND AND RESPONSE TO MOTION TO DISMISS) filed by Husqvarna Consumer Outdoor Products N.A, Inc., Husqvarna Professional Products, Inc. Replies due by 7/27/2020. (Attachments: #1 Exhibit A - Docs Re Jason Incorporated)(Marsh, Vernon) |
| Filing 32 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #28 MOTION for Discovery (JURISDICTIONAL DISCOVERY) MOTION to Stay (STAY/DELAY OF RULING ON DEFENDANTS MOTION TO DISMISS AND PLAINTIFFS MOTION FOR REMAND) MOTION for Leave to File (REQUEST FOR LEAVE TO SUPPLEMENT MOTION FOR REMAND AND RESPONSE TO MOTION TO DISMISS), #30 MOTION to Remand by Home Depot USA, Inc.. (Mirelman, Alan) |
| Filing 31 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), and for more definite statement by Assemblers, Inc. Responses due by 7/28/2020 (Popova, Simona) |
| Filing 30 MOTION to Remand by Jason Beale. (Attachments: #1 Affidavit Declaration of Patrick Daniel, Esq., #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Niakan, Cyrus) |
| Filing 29 Corporate Disclosure Statement by Milsco, LLC identifying Corporate Parent Jason Incorporated, Corporate Parent Jason Holdings, Inc., Corporate Parent Jason Partners Holdings, Inc., Corporate Parent Jason Industries, Inc. for Milsco, LLC (Balducci, Michael) |
| Filing 28 MOTION for Discovery (JURISDICTIONAL DISCOVERY) ( Responses due by 7/20/2020), MOTION to Stay (STAY/DELAY OF RULING ON DEFENDANTS MOTION TO DISMISS AND PLAINTIFFS MOTION FOR REMAND), MOTION for Leave to File (REQUEST FOR LEAVE TO SUPPLEMENT MOTION FOR REMAND AND RESPONSE TO MOTION TO DISMISS) by Jason Beale. (Attachments: #1 Affidavit Declaration of Patrick Daniel, Esq., #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Niakan, Cyrus) |
| Filing 27 REPLY to Response to Motion re #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS filed by Husqvarna Consumer Outdoor Products N.A, Inc., Husqvarna Professional Products, Inc. (Marsh, Vernon) |
| Filing 26 Clerks Notice to Filer re #23 Notice of Change of Address. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#]. It is not necessary to refile this document.Docket Text Does Not Match Document; ERROR - The Filer failed to enter a title in the docket text that matches the title of the document. The correction was made by the Clerk. It is not necessary to refile the document. (cqs) |
| Filing 25 NOTICE of Change of Address by Simona B. Popova (Popova, Simona) |
| Filing 24 NOTICE of Compliance regarding Motion for Extension of Time by Assemblers, Inc (Popova, Simona) |
| Filing 23 NOTICE Of Compliance by Simona B. Popova (Popova, Simona) Text Modified on 7/1/2020 (cqs). |
| Filing 22 Defendant's Corporate Disclosure Statement by Assemblers, Inc (Popova, Simona) |
| Filing 21 RESPONSE to Motion re #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS filed by Jason Beale. Replies due by 7/6/2020. (Niakan, Cyrus) |
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Filing 20
PAPERLESS ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David Patrick Daniel, Jr.. David Patrick Daniel, Jr. may participate in this matter on behalf of Plaintiffs Jason Beale and Rose Beale. The Clerk of Court shall provide all electronic filings to David Patrick Daniel, Jr. at patrick@patrickdaniellaw.com. Signed by Judge Donald M. Middlebrooks on 6/26/2020. (gts)
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Filing 19
PAPERLESS ORDER granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael A. Muha. Michael Muha may participate in this matter on behalf of Husqvarna Professional Products, Inc. and Husqvarna Consumer Outdoor Products N.A., Inc. The Clerk of Court shall provide all electronic filings to Michael Muha at mmuha@dmclaw.com. Signed by Judge Donald M. Middlebrooks on 6/24/2020. (gts)
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Filing 18
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Douglas M. Grimsley. Douglas Grimsley may participate in this matter on behalf of Husqvarna Professional Products, Inc. and Husqvarna Consumer Outdoor Products N.A., Inc. The Clerk of Court shall provide all electronic filings to Douglas Grimsley at dgrimsley@dmclaw.com. Signed by Judge Donald M. Middlebrooks on 6/24/2020. (gts)
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Filing 17
PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Frederick W. Bode, III. Frederick Bode may participate in this matter on behalf of Husqvarna Professional Products, Inc. and Husqvarna Consumer Outdoor Products N.A., Inc. The Clerk of Court shall provide all electronic filings to Frederick Bode at rbode@dmclaw.com Signed by Judge Donald M. Middlebrooks on 6/24/2020. (gts)
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| Filing 16 ANSWER and Affirmative Defenses to Complaint by Milsco, LLC. (Balducci, Michael) |
| Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David Patrick Daniel, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-13073357 by Jason Beale. Responses due by 7/7/2020 (Attachments: #1 Certification Rule 4(b) Certification of Patrick Daniel, Esq., #2 Text of Proposed Order Proposed Order)(Niakan, Cyrus) |
| Filing 14 Corporate Disclosure Statement by Husqvarna Consumer Outdoor Products N.A, Inc. (Marsh, Vernon) |
| Filing 13 Corporate Disclosure Statement by Husqvarna Professional Products, Inc (Marsh, Vernon) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for MICHAEL A. MUHA. Filing Fee $ 200.00 Receipt # AFLSDC-13064714 by Husqvarna Consumer Outdoor Products N.A, Inc., Husqvarna Professional Products, Inc. Responses due by 7/6/2020 (Attachments: #1 Certification CERTIFICATION OF MICHAEL A. MUHA, #2 Text of Proposed Order PROPOSED ORDER)(Marsh, Vernon) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for DOUGLAS M. GRIMSLEY. Filing Fee $ 200.00 Receipt # AFLSDC-13064512 by Husqvarna Consumer Outdoor Products N.A, Inc., Husqvarna Professional Products, Inc. Responses due by 7/6/2020 (Attachments: #1 Certification CERTIFICATION OF DOUGLAS M. GRIMSLEY, #2 Text of Proposed Order PROPOSED ORDER)(Marsh, Vernon) |
| Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for FREDERICK W. BODE, III. Filing Fee $ 200.00 Receipt # AFLSDC-13064335 by Husqvarna Consumer Outdoor Products N.A, Inc., Husqvarna Professional Products, Inc. Responses due by 7/6/2020 (Attachments: #1 Certification CERTIFICATION OF FREDERICK W. BODE, III, #2 Text of Proposed Order PROPOSED ORDER)(Marsh, Vernon) |
| Filing 9 NOTICE by Milsco, LLC re #1 Notice of Removal (State Court Complaint), CONSENT TO REMOVAL (Balducci, Michael) |
| Filing 8 NOTICE of Attorney Appearance by Michael Balducci on behalf of Milsco, LLC. Attorney Michael Balducci added to party Milsco, LLC(pty:dft). (Balducci, Michael) |
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Filing 7
PAPERLESS ORDER denying without prejudice #5 Defendant Assemblers, Inc.'s Motion for Extension of Time to File Response to Plaintiff's Amended Complaint. Defendant Assemblers noted in the Certificate of Conferral for this Motion that it was not able to determine whether Plaintiffs opposed this relief before filing this Motion. Accordingly this Motion is denied without prejudice. Defendant Assemblers shall confer with Plaintiffs and determine their position on this relief before refiling this Motion. To the extent that Plaintiffs oppose this relief, they must file a response in opposition within two days of the date on which this Motion is refiled. In the future, to the extent it is not possible to confer before filing a Motion, the moving party may remedy this deficiency by promptly filing a Notice updating their Motion as soon as possible after filing, reflecting the opposing Party's position on the relief requested. Signed by Judge Donald M. Middlebrooks on 6/18/2020. (gts)
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| Filing 6 ANSWER and Affirmative Defenses to Complaint by Home Depot USA, Inc.. (Mirelman, Alan) |
| Filing 5 First MOTION for Extension of Time to File Response/Reply/Answer by Assemblers, Inc. (Popova, Simona) |
| Filing 4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM AND MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS by Husqvarna Consumer Outdoor Products N.A, Inc., Husqvarna Professional Products, Inc. Responses due by 6/26/2020 (Marsh, Vernon) |
| Filing 3 NOTICE of Attorney Appearance by Simona B. Popova on behalf of Assemblers, Inc (Popova, Simona) |
| 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 400.00 receipt number AFLSDC-12990124, filed by Husqvarna Professional Products, Inc, Husqvarna Consumer Outdoor Products N.A, Inc.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Exhibit Pleadings)(Marsh, Vernon) Text Modified on 6/8/2020 (cds). No Answer/Motion To Dismiss Filed. |
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