KB Oreo, LLC, v. WINNERMAN et al
| KB Oreo, LLC, |
| Jonathan Winnerman, Glen T. Pinder, SANFORD B. WINNERMAN and David J Ritter |
| 9:2020cv80921 |
| June 9, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Set/Reset Deadline as to #14 MOTION to Dismiss #7 Amended Complaint,, Counts I, II and IV. Responses due by 8/12/2020. SEE DE 17 ORDER (ail) |
Filing 17
PAPERLESS ORDER granting #16 Plaintiff's Unopposed Motion for Extension of Time to File Response to Defendant Sanford Winnerman's Motion to Dismiss. Plaintiff seeks a one-week extension of time in which to respond to Defendant's Motion to Dismiss and states in support that its counsel recently experienced unexpected technological difficulties. As this Motion is unopposed, I find good cause to grant the requested relief. Accordingly, Plaintiff shall respond to Defendant's Motion to Dismiss on or before August 12, 2020. No further extensions of this deadline shall be granted absent a compelling showing of good cause. Signed by Judge Donald M. Middlebrooks on 8/5/2020. (gts)
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| Filing 16 MOTION for Extension of Time to File Response/Reply/Answer as to #14 MOTION to Dismiss #7 Amended Complaint,, Counts I, II and IV by KB Oreo, LLC,. (Attachments: #1 Text of Proposed Order)(Turner Garris, Alexis) |
| Filing 15 MOTION Requesting the Court Take Judicial Notice in Support of Defendants Motion to Dismiss Counts I, II and IV in the Amended Complaint by SANFORD B. WINNERMAN. (Reiss, Benjamin) |
| Filing 14 MOTION to Dismiss #7 Amended Complaint,, Counts I, II and IV by SANFORD B. WINNERMAN. Responses due by 8/5/2020 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Reiss, Benjamin) |
| Set/Reset Answer Due Deadline: SANFORD B. WINNERMAN response due 7/22/2020. SEE DE 13 ORDER (ail) |
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Filing 13
PAPERLESS ORDER granting #12 Defendant Sanford Winnerman's Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. Defendant requests a 20-day extension of time in which to respond to Plaintiff's Amended Complaint and states in support that this extension is necessary as counsel was recently retained. As this relief is unopposed, I find good cause to grant the requested extension. Accordingly, Defendant Sanford Winnerman shall respond to Plaintiff's Amended Complaint on or before July 22, 2020. Signed by Judge Donald M. Middlebrooks on 7/2/2020. (gts)
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| Filing 12 MOTION for Extension of Time to File Response/Reply/Answer as to #7 Amended Complaint,, by SANFORD B. WINNERMAN. (Attachments: #1 Text of Proposed Order Granting Defendant Sanford Winnermans Motion for Extension of Time to Respond to the Amended Complaint)(Reiss, Benjamin) |
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Filing 11
PAPERLESS ORDER denying as moot #9 Defendant Sanford Winnerman's Unopposed Motion for Extension of Time. Defendant Winnerman appears to have inadvertently filed the same Motion which was filed on June 22, 2020 (DE #5 ). Signed by Judge Donald M. Middlebrooks on 7/2/2020. (gts)
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| Filing 10 Clerks Notice to Filer re #9 MOTION for Extension of Time to Respond to the Amended 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) |
| Filing 9 Motion for Extension of Time to File Response/Reply/Answer as to #1 Complaint by SANFORD B. WINNERMAN. Responses due by 7/15/2020 (Attachments: #1 Text of Proposed Order)(Reiss, Benjamin) Modified Relief on 7/1/2020 (ls). |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint,,, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by KB Oreo, LLC,. David J Ritter served on 6/10/2020, answer due 6/24/2020. (Turner Garris, Alexis) |
| Filing 7 AMENDED COMPLAINT against Glen T. Pinder, David J Ritter, SANFORD B. WINNERMAN, Jonathan Winnerman, filed by KB Oreo, LLC,. (Attachments: #1 Exhibit A - Original Judgment, #2 Exhibit B - Amended Judgment, #3 Exhibit C - Second Amended Judgment, #4 Exhibit D - March 2016 Memorandum, #5 Exhibit E - Third Amended Judgment, #6 Exhibit F - Conversion Records, #7 Exhibit G - Tax Assessment #1, #8 Exhibit H - Tax Assessment #2, #9 Exhibit I - April 2016 Deed, #10 Exhibit J - June 2016 Deed, #11 Exhibit K - Tax Assessment #4)(Turner Garris, Alexis) |
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Filing 6
PAPERLESS ORDER granting #5 Defendant Sanford Winnerman's Unopposed Motion for Extension of Time. Defendant requests a 20-day extension of time in which to respond to Plaintiff's Complaint and states in support that this extension is necessary as counsel was recently retained and the issues in the case are complex. Counsel also notes that the COVID-19 pandemic presents difficulties, but does not elaborate on these difficulties. As this relief is unopposed, I find good cause to grant the requested extension. Accordingly, Defendant Sanford Winnerman shall respond to Plaintiff's Complaint on or before July 22, 2020. Signed by Judge Donald M. Middlebrooks on 6/22/2020. (gts)
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| Filing 5 Defendant's MOTION for Extension of Time to Respond to the Complaint by SANFORD B. WINNERMAN. Attorney Benjamin Lawrence Reiss added to party SANFORD B. WINNERMAN(pty:dft). Responses due by 7/6/2020 (Attachments: #1 Text of Proposed Order Proposed Order Granting Defendant Sanford Winnermans Motion for Extension of Time to Respond to the Complaint)(Reiss, Benjamin) |
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Filing 4
PAPERLESS ORDER. Plaintiff alleges this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. See Travaglio v. Am. Exp. Co, 735 F.3d 1266, 1268 (11th Cir. 2013) ("When a plaintiff files suit in federal court, she must allege facts that, if true, show federal subject matter jurisdiction over her case exists."). Specifically, the party asserting diversity must state the citizenship of all the members of a limited liability company. Rolling Greens MHP, L.P. v. Comcast SCH Holdings L.L.C, 374 F.3d 1020, 1022 (11th Cir. 2004) ("[A] limited liability company is a citizen of any state of which a member of the company is a citizen [and therefore]... a party must list the citizenships of all the members of the limited liability company."). Here, Plaintiff fails to state the citizenship of of the members of KB Oreo, LLC. Accordingly, Plaintiff shall file an Amended Complaint by June 29, 2020 curing this deficiency in the diversity allegations, or alternatively file a notice of dismissal by that date. Signed by Judge Donald M. Middlebrooks on 6/22/2020. (gts)
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| Set/Reset Answer Due Deadline: SANFORD B. WINNERMAN response due 7/22/2020. SEE DE 6 ORDER (ail) |
| Set/Reset Deadline: Amended Complaint due by 6/29/2020. SEE DE 4 ORDER (ail) |
| Filing 3 Summons Issued as to Glen T. Pinder, David J Ritter, SANFORD B. WINNERMAN, Jonathan Winnerman. (drz) |
| 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. (drz) |
| Filing 1 COMPLAINT against Glen T. Pinder, David J Ritter, SANFORD B. WINNERMAN, Jonathan Winnerman. Filing fees $ 400.00 receipt number AFLSDC-13005294, filed by KB Oreo, LLC,. (Attachments: #1 Exhibit A - Original Judgment, #2 Exhibit B - Amended Judgment, #3 Exhibit C - Second Amended Judgment, #4 Exhibit D - March 2016 Memorandum, #5 Exhibit E - Third Amended Judgment, #6 Exhibit F - Conversion Records, #7 Exhibit G - Tax Assessment #1, #8 Exhibit H - Tax Assessment #2, #9 Exhibit I - April 2016 Deed, #10 Exhibit J - June 2016 Deed, #11 Exhibit K - Tax Assessment #3, #12 Civil Cover Sheet, #13 Summon(s) Sanford B. Winnerman, #14 Summon(s) David J. Ritter, #15 Summon(s) Jonathan P. Winnerman, #16 Summon(s) Glen T. Pinder)(Turner Garris, Alexis) |
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