DEVIN FILIPPELLI v. Grow, LLC et al
| DEVIN FILIPPELLI, as Personal Representative of the ESTATE OF KRYSTAL TALAVERA, on behalf of the Estate and her Survivors and DEVIN FILIPPELLI |
| Grow, LLC (d/b/a KD Incorporated and The Kratom Distro), Sean Michael Harder and GROW, LLC doing business as KD Incorporated doing business as THE KRATOM DISTRO |
| 9:2022cv81731 |
| November 4, 2022 |
| U.S. District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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| Filing 18 REPORT REGARDING Joint Discovery Plan by DEVIN FILIPPELLI (Cowgill, Michael) |
| Filing 17 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Sean Michael Harder. (Niznik, Justin) |
| Filing 16 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by GROW, LLC. (Niznik, Justin) |
Filing 15
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 1/26/2023., Discovery due by 5/18/2023., Fact Discovery due by 5/18/2023., Expert Discovery due by 5/18/2023., Joinder of Parties due by 1/26/2023., In Limine Motions due by 6/1/2023., Dispositive Motions due by 6/1/2023., Motions due by 6/1/2023., Pretrial Stipulation due by 7/3/2023., Jury Trial set for 7/31/2023 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 7/26/2023 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 12/15/2022. See attached document for full details. (ebz) #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 14 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 12/15/2022. The Court discussed whether parties would be added, there are no motions pending, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 25 minutes. Attorney Appearance(s): Michael Joseph Cowgill, Tamara Joi Williams, Justin Douglas Niznik. (Digital 14:30:13) (swr) |
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Filing 13
PAPERLESS ORDER granting #12 Defendants' Motion for Extension of Time. Defendants seek an extension of time to respond to the complaint from December 13, 2022 to December 27, 2022. Plaintiff does not oppose the Motion. In support, Defendant's counsel represents that he was retained just four days before Defendant's deadline. Moreover, Defendants reside out-of-state and this matter involves complex products liability claims. I find good cause to grant the Motion. Accordingly, Defendants shall respond to the Complaint on or by December 27, 2022. I will note that Defendants filed this motion on the date of their deadline to respond to the complaint. The Parties are cautioned to ensure that future motions for extensions of time are filed in advance of the deadline sought to be extended. Signed by Judge Donald M. Middlebrooks on 12/14/2022. (kal)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by GROW, LLC, Sean Michael Harder. (Niznik, Justin) |
| Filing 11 NOTICE of Attorney Appearance by Justin Douglas Niznik on behalf of GROW, LLC, Sean Michael Harder. Attorney Justin Douglas Niznik added to party GROW, LLC (pty:dft), Attorney Justin Douglas Niznik added to party Sean Michael Harder(pty:dft). (Niznik, Justin) |
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Filing 10
PAPERLESS ORDER: This matter is before the Court sua sponte. In light of an unforeseen change in the Court's schedule, the scheduling conference that is currently scheduled for December 16, 2022 at 2:00 p.m. is hereby RESET to December 15, 2022 at 2:30 p.m. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. Signed by Magistrate Judge William Matthewman on 12/9/2022. (cpe)
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Filing 9
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 12/16/2022 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 12/5/2022. (cpe)
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| Filing 8 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DEVIN FILIPPELLI. GROW, LLC served on 11/22/2022, response/answer due 12/13/2022. (Cowgill, Michael) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal, #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by DEVIN FILIPPELLI. Sean Michael Harder served on 11/17/2022, response/answer due 12/8/2022. (Cowgill, Michael) |
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Filing 6
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 7/31/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/26/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 11/22/2022. See attached document for full details. (pc) #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 5 AMENDED COMPLAINT against All Defendants, filed by DEVIN FILIPPELLI. (Attachments: #1 Exhibit Exhibit A to Amended Complaint, #2 Exhibit Exhibit B to Amended Complaint)(Cowgill, Michael) |
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Filing 4
PAPERLESS ORDER. Plaintiff fails to properly allege that this Court has jurisdiction under 28 U.S.C. 1332. (DE #1 ). Plaintiff alleges that Defendant Grow, LLC is a citizen of Idaho because its principal place of business is in Idaho. But the principal place of business is a jurisdictional fact relevant to corporate defendants, and Plaintiff's Complaint alleges that Defendant is a limited liability company ("LLC"). An LLC is a citizen of any state of which a member of the company is a citizen. See Rolling Greens MHP, LP v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004). Plaintiff fails to clarify whether the named individual Defendant -- a citizen of Idaho -- is the only member of Grow, LLC. Thus, the Court cannot determine whether complete diversity exists. See Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1557 (11th Cir. 1989) ("[T]he presence of at least one alien on both sides of an action destroys diversity.") Plaintiff is directed to cure this deficiency by filing an amended complaint on or before November 18, 2022. Failure to timely file an amended complaint may result in dismissal of this action without prejudice. Signed by Judge Donald M. Middlebrooks on 11/9/2022. (kal)
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| Filing 3 Summons Issued as to GROW, LLC, Sean Michael Harder. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (nan) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16080634, filed by DEVIN FILIPPELLI, as Personal Representative of the ESTATE OF KRYSTAL TALAVERA, on behalf of the Estate and her Survivors. (Attachments: #1 Exhibit Exhibit A to Complaint, #2 Exhibit Exhibit B to Complaint, #3 Civil Cover Sheet, #4 Summon(s), #5 Summon(s))(Cowgill, Michael) |
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