Camoco, LLC v. Leyva

Plaintiff: Camoco, LLC
Defendant: Carlos Leyva
Case Number: 3:2018cv00279
Filed: September 24, 2018
Court: US District Court for the Western District of Texas
Presiding Judge: David C Guaderrama
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 28:1332
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on November 7, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2018 Opinion or Order Filing 46 ORDER directing parties to file a joint report informing the Court of the arbitrator's decision within fourteen days, but no later than 12/19/18, ( ADR Report Deadline due by 12/19/2018,). Signed by Judge David C Guaderrama. (em)
November 7, 2018 Filing 45 Minute Entry for proceedings held before Judge David C Guaderrama: Docket Call held on 11/7/2018 PARTIES TO FILE REPORT ON ARBITRATION ISSUE WHEN IT IS DECIDED. (Minute entry documents are not available electronically.). (Court Reporter Kathleen Supnet.)(em)
November 6, 2018 Filing 44 ENTRY OF APPEARANCE OF ATTORNEY OF RECORD by Camoco, LLC. (Martinez, James) Modified AND CONFIRMED BY ATTORNEY JAMES A. MARTINEZ LAW OFFICE on 11/7/2018 (em).
November 6, 2018 Opinion or Order Text Order GRANTING #41 Motion to Permit Withdrawal and for Substitution of Counsel entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (je)
November 2, 2018 Filing 43 Certified Mail Receipt of #39 Pro Hac Vice Letter delivered to 10/19, 2018 (em) (em).
November 2, 2018 Filing 42 Certified Mail Receipt of #37 Order delivered 10/11/18 (em)
October 31, 2018 Filing 41 MOTION to Withdraw as Attorney and Substitution of Counsel by Carlos Leyva. (Attachments: #1 Proposed Order)(Hind, Hobart)
October 3, 2018 Filing 40 Pro Hac Vice Letter to Attorney William Linero Jr. to include Doc#s 36 & 37 by Certified Mail, Tracking No. 7015 3010 0000 2966 6330. (em)
October 3, 2018 Filing 39 Pro Hac Vice Letter to Cory J. Person to include Orders Doc#s 36 & 37 by Certified Mail, Tracking No. 7015 3010 0000 2966 6354 (em).
October 3, 2018 Filing 38 Certified Mail to Attorney Andrew Mongelluzzi of #36 Order, Setting Docket Call Hearing Hearings, #37 Order to Retain Local Counsel. (em)
October 3, 2018 Opinion or Order Filing 37 ORDER TO RETAIN LOCAL COUNSEL. It is ordered that the parties shall retain local counsel as soon as possible, no later than 11/2/18. Signed by Judge David C Guaderrama. (em)
October 3, 2018 Opinion or Order Filing 36 ORDER REQUIRING PARTIES TO APPEAR AT DOCKET CALL, ( Docket Call set for 11/7/2018 10:00 AM before Judge David C Guaderrama,). Signed by Judge David C Guaderrama. (em)
October 1, 2018 Opinion or Order Text Order GRANTING #35 Motion for Extension of Time to File Response/Reply entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (je)
October 1, 2018 Opinion or Order Text Order GRANTING #34 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge David C Guaderrama. (This is a text-only entry generated by the court. There is no document associated with this entry.) (je)
September 28, 2018 Filing 35 MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Joinder to enjoin plaintiff from pursuing arbitration and incorporated memorandum of law by Camoco, LLC. (em)
September 28, 2018 Filing 34 MOTION to Appear Pro Hac Vice by Andrew J. Mongelluzzi ( Filing fee $ 100 receipt number 300032403) by on behalf of Camoco, LLC. (em)
September 24, 2018 Remark: All parties shall comply with the Standing Orders of Judge David C. Guaderrama located at http://www.txwd.uscourts.gov/Rules/StandingOrders/default.asp#elpaso. (mn)
September 24, 2018 If ordered by the court, all referrals will be assigned to Magistrate Judge Torres (mn)
September 24, 2018 Case assigned to Judge David C Guaderrama. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mn)
September 24, 2018 Filing 33 Case electronically transferred in from Middle District of Florida; Case Number 8:18-cv-01693.
September 21, 2018 Opinion or Order Filing 32 ORDER: Defendant Carlos Leyva's Motion to Transfer Venue (Doc. # 24) is GRANTED. The Court transfers this case to the El Paso Division of the United States District Court for the Western District of Texas. Signed by Judge Virginia M. Hernandez Covington on 9/21/2018. (DLB) [Transferred from Florida Middle on 9/24/2018.]
September 18, 2018 Filing 31 MOTION for Joinder to enjoin plaintiff from pursuing arbitration and incorporated memorandum of law by Carlos Leyva. (Attachments: #1 Exhibit Demand for Arbitration, #2 Exhibit Email from Camoco's Counsel, #3 Exhibit Email from AAA re request for case access, #4 Exhibit AAA's 8/2/18 correspondence re selection of abitrators, #5 Exhibit Leyva's objection to the jurisdiction of the AAA an dto the Arbitrability of the claims made in Camoco, LLC's Demand for Arbitration, #6 Exhibit AAA's acknowledment of receipt of Leyva's objection to jurisdiction to demand for arbitration, #7 Exhibit AAA's correspondence to Camoco and Leyva personally advising that AAA has appointed an aribtrator, #8 Exhibit AAA request for preliminary call)(Linero, William) [Transferred from Florida Middle on 9/24/2018.]
August 31, 2018 Opinion or Order Filing 30 ORDER: Plaintiff Camoco, LLC's Motion to Remand (Doc. #9 ) is DENIED. Signed by Judge Virginia M. Hernandez Covington on 8/31/2018. (DMD) [Transferred from Florida Middle on 9/24/2018.]
August 29, 2018 Filing 29 NOTICE OF RESCHEDULING HEARING: The evidentiary hearing on #3 Motion for Preliminary Injunction previously scheduled for 10/15/2018 is rescheduled. New scheduling date and time: Evidentiary Hearing set for 12/5/2018 at 09:30 AM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed. See Notice for further details.(SMC) [Transferred from Florida Middle on 9/24/2018.]
August 28, 2018 Filing 28 AFFIDAVIT of Carlos Leyva re: #27 Response in Opposition to Motion for Temporary Restraining order by Carlos Leyva. (Attachments: #1 Affidavit)(Linero, William) [Transferred from Florida Middle on 9/24/2018.]
August 27, 2018 Filing 27 RESPONSE in Opposition re #3 MOTION for preliminary injunction filed by Carlos Leyva. (Linero, William) [Transferred from Florida Middle on 9/24/2018.]
August 21, 2018 Filing 26 CERTIFICATE of interested persons and corporate disclosure statement Amended by Carlos Leyva. (Linero, William) [Transferred from Florida Middle on 9/24/2018.]
August 15, 2018 Filing 25 NOTICE by Carlos Leyva re #24 MOTION to transfer case venue pursuant to 28 U.S.C. 1404 and Incorporated Memorandum of Law Notice of Filing Affidavit of Carlos Leyva in support of motion to transfer venue (Linero, William) [Transferred from Florida Middle on 9/24/2018.]
August 14, 2018 Filing 24 MOTION to transfer case venue pursuant to 28 U.S.C. 1404 and Incorporated Memorandum of Law by Carlos Leyva. (Attachments: #1 Exhibit Web Page)(Linero, William) [Transferred from Florida Middle on 9/24/2018.]
August 14, 2018 Opinion or Order Filing 23 ORDER appointing Peter J. Grilli as mediator in this action. Mediation Conference set for January 14, 2019, at 10:00 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 8/14/2018. (DLB) [Transferred from Florida Middle on 9/24/2018.]
August 13, 2018 Filing 22 NOTICE of mediation conference/hearing to be held on 1/14/2019 before Peter J. Grilli. (Mongelluzzi, Andrew) [Transferred from Florida Middle on 9/24/2018.]
August 7, 2018 Filing 21 NOTICE of evidentiary hearing on #3 Motion for Preliminary Injunction. Hearing set for 10/15/2018 at 10:00 AM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed. Defendant shall file his response to Plaintiff's Motion by August 27, 2018. No later than October 10, 2018, the parties shall file their witness and exhibits lists. (SMC) [Transferred from Florida Middle on 9/24/2018.]
August 7, 2018 Filing 20 Minute Entry. Proceedings held before Magistrate Judge Julie S. Sneed: Status Conference held on 8/7/2018 re #3 MOTION for Preliminary Injunction filed by Camoco, LLC. (DIGITAL) (JRB) [Transferred from Florida Middle on 9/24/2018.]
August 3, 2018 Opinion or Order Filing 19 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/15/2019 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Trial set for the September 2019 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 3/12/2019. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 8/3/2018. (TWL) Modified on 8/3/2018 corrected year on Final Pretrial Conference (BES). [Transferred from Florida Middle on 9/24/2018.]
August 2, 2018 Filing 18 RESPONSE in Opposition re #9 First MOTION to remand to State Court filed by Carlos Leyva. (Attachments: #1 Exhibit Summons, #2 Exhibit letter to judge, #3 Exhibit unexecuted order)(Linero, William) [Transferred from Florida Middle on 9/24/2018.]
August 1, 2018 Filing 17 CASE MANAGEMENT REPORT. (Mongelluzzi, Andrew) [Transferred from Florida Middle on 9/24/2018.]
July 30, 2018 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Camoco, LLC. (Mongelluzzi, Andrew) [Transferred from Florida Middle on 9/24/2018.]
July 30, 2018 Filing 15 NOTICE of pendency of related cases re #12 Related case order and track 2 notice per Local Rule 1.04(d) by Camoco, LLC. Related case(s): yes (Mongelluzzi, Andrew) [Transferred from Florida Middle on 9/24/2018.]
July 26, 2018 Filing 14 NOTICE of pendency of related cases per Local Rule 1.04(d) by Carlos Leyva. Related case(s): No (Linero, William) [Transferred from Florida Middle on 9/24/2018.]
July 24, 2018 Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Carlos Leyva identifying Other Affiliate Carlos Leyva for Carlos Leyva.. (Linero, William) [Transferred from Florida Middle on 9/24/2018.]
July 19, 2018 Opinion or Order Filing 12 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 7/19/2018. (SAO) [Transferred from Florida Middle on 9/24/2018.]
July 19, 2018 Filing 11 NOTICE of status hearing re #3 Motion for Preliminary Injunction. Hearing set for 8/7/2018 at 10:00 AM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed. (SMC) [Transferred from Florida Middle on 9/24/2018.]
July 19, 2018 Filing 10 NOTICE by Camoco, LLC Hearing Transcript and Proposed Orders (Attachments: #1 Supplement Hearing Transcript and Proposed Orders)(Mongelluzzi, Andrew) [Transferred from Florida Middle on 9/24/2018.]
July 19, 2018 Filing 9 First MOTION to remand to State Court by Camoco, LLC. (Mongelluzzi, Andrew) [Transferred from Florida Middle on 9/24/2018.]
July 18, 2018 Opinion or Order Filing 8 ORDER REFERRING MOTION: Plaintiff's Motion for a Temporary Restraining Order (Doc. #3 ) is construed as a request for a Preliminary Injunction and is hereby referred to the Magistrate Judge pursuant to 28 U.S.C. 636(b)(1)(B) for the issuance of a Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 7/18/2018. (KAK) Motions referred to Magistrate Judge Julie S. Sneed. [Transferred from Florida Middle on 9/24/2018.]
July 18, 2018 Opinion or Order Filing 7 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by August 1, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 7/18/2018. (KAK) [Transferred from Florida Middle on 9/24/2018.]
July 17, 2018 Filing 6 SUPPLEMENT re #1 Notice of Removal by Carlos Leyva. (Attachments: #1 Exhibit Articles of Organization, #2 Exhibit Articles of Amendment, #3 Exhibit 2018 Florida Limited Liability Company Report)(Linero, William) [Transferred from Florida Middle on 9/24/2018.]
July 16, 2018 Opinion or Order Filing 5 ENDORSED ORDER: Defendant Carlos Leyva removed this action on July 13, 2018, predicating subject matter jurisdiction on complete diversity of citizenship. (Doc. #1 ). In the Notice of Removal, Defendant states: "Complete diversity of citizenship exists between Plaintiff and Defendant. Plaintiff is a Florida limited liability company. Defendant is a citizen of the State of Texas." (Id.). These jurisdictional allegations do not satisfy the Court that the requirements for complete diversity of citizenship have been met. See Rolling Greens MHP, L.P. v. Comcast SCH Holdings LLC, 374 F.3d 1020, 1022 (11th Cir. 2004) ("To sufficiently allege the citizenships of [] unincorporated business entities, a party must list the citizenships of all the members of the limited liability company...."). Here, neither the Notice of Removal nor the Complaint reveal the citizenship of the LLC members. Accordingly, Defendant is directed to supplement the Notice of Removal with this required information by July 23, 2018. Failure to do so will result in an Order of Remand for lack of subject matter jurisdiction without further order. Signed by Judge Virginia M. Hernandez Covington on 7/16/2018. (KAK) [Transferred from Florida Middle on 9/24/2018.]
July 13, 2018 Filing 4 ANSWER and affirmative defenses to #2 Complaint with Jury Demand by Carlos Leyva. (filed in state court on 07/09/2018)(BES) [Transferred from Florida Middle on 9/24/2018.]
July 13, 2018 Filing 3 MOTION for temporary restraining order by Camoco, LLC. (filed in state court on 04/10/2018) (BES) Modified on 7/18/2018 (BES). [Transferred from Florida Middle on 9/24/2018.]
July 13, 2018 Filing 2 COMPLAINT against Carlos Leyva filed by Camoco, LLC. (filed in state court on 04/10/2018)(BES) [Transferred from Florida Middle on 9/24/2018.]
July 13, 2018 Filing 1 NOTICE OF REMOVAL from Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, case number 18-002196-CI filed in State Court on 04/10/2018. Filing fee $ 400, receipt number TPA 51778 filed by Carlos Leyva. (Attachments: #1 Civil Cover Sheet, #2 Docket Sheet)(BES) [Transferred from Florida Middle on 9/24/2018.]

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Defendant: Carlos Leyva
Represented By: Cory J. Person
Represented By: William Linero, Jr.
Represented By: M. Mitchell Moss
Represented By: Priscilla M. Castillo
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Plaintiff: Camoco, LLC
Represented By: Andrew J. Mongelluzzi
Represented By: James Allen Martinez
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