Hancock v. KIR Boynton LP
Plaintiff: Sandra Hancock
Defendant: KIR Boynton LP
Case Number: 9:2023cv80844
Filed: May 30, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: William Matthewman
Referring Judge: Donald M Middlebrooks
2 Judge: Bruce E Reinhart
3 Judge: Robin L Rosenberg
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Filing 30 Transmittal Letter Sent with Certified Copy of Order of Remand to: 15th Judicial Circuit. State Court Case Number: 50-2023-CA-004661-XXXX-MB (AI) (ls)
July 21, 2023 Opinion or Order Filing 29 Order Remanding Case: Remanding Action to the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida; Closing Case. Signed by Judge Donald M. Middlebrooks on 7/21/2023. See attached document for full details. (ls)
July 20, 2023 Opinion or Order Filing 28 ORDER REFERRING CASE AND SETTING TRIAL DATE: JURY TRIAL set for 3/11/2024 at 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. CALENDAR CALL set for 3/6/2024 at 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. ORDER REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. Signed by Judge Donald M. Middlebrooks on 7/20/2023. See attached document for full details. (caw) #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.
July 7, 2023 Filing 27 Initial Disclosure(s) of Rule 7.1 Detailed Disclosure Statement Supplemental Rule 7.1 Detailed Disclosure Statement Re: 22 Order,, by KIR Boynton LP (Shaw, James)
July 5, 2023 Opinion or Order Filing 26 CERTIFICATION AND ORDER OF TRANSFER TO MAGISTRATE JUDGE. Magistrate Judge William Matthewman added. Magistrate Judge Bruce E. Reinhart no longer assigned to case. Signed by Magistrate Judge Bruce E. Reinhart on 7/5/2023. See attached document for full details. (jc)
July 5, 2023 Filing 25 CLERK'S NOTICE OF JUDICIAL OFFICER REASSIGNMENT re: ECF No. #24 ORDER OF RECUSAL. Case reassigned to Judge Donald M. Middlebrooks for all further proceedings. Judge Robin L. Rosenberg no longer assigned to case (jc)
July 5, 2023 Opinion or Order Filing 24 ORDER OF RECUSAL Signed by Judge Robin L. Rosenberg on 7/5/2023. See attached document for full details. (jc)
July 5, 2023 Filing 23 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney L. Jason Cornell re #21 Notice of Change of Address, Email or Law Firm Name. Attorney L. Jason Cornell has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
July 5, 2023 Opinion or Order Filing 22 PAPERLESS ORDER. The Defendant's organizational chart at docket entry 20 depicts "outside partners" using the name "New York Common Fund." The Defendant shall explain the nature of these entries and shall inform the Court of the applicable citizenship of any partners, members, or corporations pertaining to these two phrases. The Defendant's response to this Order shall be due within seven days of the date of rendition of this Order. Signed by Judge Robin L. Rosenberg (bkd)
July 5, 2023 Filing 21 NOTICE of Change of Address, Email or Law Firm Name by L. Jason Cornell (Cornell, L. Jason)
June 30, 2023 Filing 20 Corporate Disclosure Statement by KIR Boynton LP (Shaw, James)
June 30, 2023 Filing 19 Joint SCHEDULING REPORT - Rule 16.1 by Sandra Hancock (Cornell, L. Jason)
June 30, 2023 Opinion or Order Filing 18 PAPERLESS ORDER. In a filed notice, the Defendant shall clarify (1): whether there are any other limited partners of KIR BOYNTON, L.P., besides KIMCO INCOME OPERATING PARTNERSHIP, LP and (2) whether there are any limited partners of KIMCO INCOME OPERATING PARTNERSHIP, LP. The Defendant's notice is due within six days of the date of rendition of this Order. The Court's inquiry is based upon the fact that the Defendant utilizes the word "sole" to describe its various general partners and limited liability company members, but does not use the word "sole" to describe the limited partners, together with the fact that the Defendant is silent on the existence (or lack thereof) of limited partners in KIMCO INCOME OPERATING PARTNERSHIP, LP. Signed by Judge Robin L. Rosenberg (bkd)
June 30, 2023 Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement by KIR Boynton LP identifying Other Affiliate The Vanguard Group, Inc., Other Affiliate KIR BOYNTON, LP, Other Affiliate KIR BOYNTON 005, LLC, Other Affiliate KIMCO INCOME OPERATING PARTNERSHIP, LP, Other Affiliate KIMCO REALTY CORPORATION for KIR Boynton LP (Shaw, James)
June 28, 2023 Opinion or Order Filing 16 PAPERLESS ORDER. The Defendant removed this action on the basis of diversity of citizenship. The Defendant is a limited partnership, and one of the constituent partners is a limited liability company. DE 14. A limited liability company is a citizen of the states in which its members are citizens. E.g., Rolling Greens MHP, L.P. v. Comcast SCH Holdings, L.L.C., 374 F.3d 1020 (11th Cir. 2004). The Defendant has not informed the Court of the citizenship of every partner and every company in this case. The Defendant shall file a detailed statement, including an organizational chart if necessary, that informs the Court of the citizenship of every partner, member, and company in this case within seven days of the date of rendition of this Order. Signed by Judge Robin L. Rosenberg (bkd)
June 26, 2023 Filing 15 Clerk's Notice to Filer re #14 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (jas)
June 23, 2023 Filing 14 First Corporate Disclosure Statement by KIR Boynton LP (Shaw, James)
June 15, 2023 Filing 13 STATUS REPORT by KIR Boynton LP (Shaw, James)
June 13, 2023 Opinion or Order Filing 12 PAPERLESS ORDER granting #11 Motion for Extension of Time. The Defendant is required to file its Rule 7.1 Disclosure by June 23, 2023. Signed by Judge Robin L. Rosenberg (ccr)
June 13, 2023 Filing 11 Defendant's MOTION for Extension of Time to Comply with the Courts June 8, 2023 (DE 5) to provide disclosures re 5 Order, by KIR Boynton LP. Responses due by 6/27/2023 (Shaw, James)
June 13, 2023 Opinion or Order Filing 10 PAPERLESS ORDER granting #9 Motion to Substitute Counsel and approving the Stipulation that Daniel Drazen, Esq. of THE INJURY FIRM is substituted as counsel of record for Plaintiff, SANDRA HANCOCK, and Jonathan Sampas, Esq. of STEINGER, GREENE & FEINER, P.A., shall be terminated from this case. Notice of Termination delivered by US Mail to Jonathan Sampas. Signed by Magistrate Judge Bruce E. Reinhart on 6/13/2023. (hk02)
June 13, 2023 Filing 9 NOTICE/STIPULATION of Substitution of Counsel by Daniel Alexander Drazen on behalf of Sandra Hancock instead of prior counsel of record Jonathan Sampas. . Attorney Daniel Alexander Drazen added to party Sandra Hancock(pty:pla). (Attachments: #1 Text of Proposed Order) (Drazen, Daniel)
June 8, 2023 Opinion or Order Filing 8 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 6/8/2023. See attached document for full details. (jas)
June 8, 2023 Opinion or Order Filing 7 ORDER OF REFERENCE TO MAGISTRATE JUDGE AND ORDER OF COURT-MANDATED REQUIREMENTS ON SERVICE, DEFAULTS, AND JOINT SCHEDULING REPORTS. REFERRING CASE to Magistrate Judge Bruce E. Reinhart for appropriate disposition of all pro hac vice motions, motions to substitute counsel, and pretrial motions related to discovery. Signed by Judge Robin L. Rosenberg on 6/8/2023. See attached document for full details. (jas)
June 8, 2023 Filing 6 NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Robin L. Rosenberg on 6/8/2023. See attached document for full details. (jas)
June 8, 2023 Opinion or Order Filing 5 PAPERLESS ORDER requiring the Defendant to file a disclosure statement, as required by Rule 7.1, wherein the Defendant identifies the citizenship of each member of the Defendant partnership. The disclosure statement shall be filed within five business days of the date of rendition of this Order. Signed by Judge Robin L. Rosenberg (bkd)
June 1, 2023 Filing 4 NOTICE by KIR Boynton LP Civil Cover Sheet (Shaw, James)
May 30, 2023 Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (pc)
May 30, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (pc)
May 30, 2023 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Sandra Hancock v. KIR Boynton, L.P.) Filing fee $ 402.00 receipt number AFLSDC-16652851, filed by KIR Boynton LP. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Pleadings)(Shaw, James) (Complaint see Exh.A, Answer see Exh.B pg. 17, No Motion to Dismiss filed) Modified text on 5/31/2023 (pc).

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Plaintiff: Sandra Hancock
Represented By: Jonathan George Sampas
Represented By: L. Jason Cornell
Represented By: Daniel Alexander Drazen
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Defendant: KIR Boynton LP
Represented By: James M. Shaw
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