Vizcarra v. KeepEm Rolling Transportation, LLC et al
| Florida Southern District Court | |
| Judge: | Roy K Altman |
| Referred: | Eduardo I Sanchez |
| Case #: | 1:24-cv-22847 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Jul 26, 2024 |
| Case in other court: | Eleventh Judicial Circuit, 24-010065-CA-01 |
| Last checked: Friday Jul 26, 2024 10:10 AM EDT |
|
Defendant
Charles J. Douthitt
|
Represented By
|
|
Defendant
KeepEm Rolling Transportation, LLC
|
Represented By
|
|
Defendant
Linda Tippelton
|
Represented By
|
|
Plaintiff
Yolanda Vizcarra
|
| Docket last updated: 09/06/2024 11:59 PM EDT |
| Thursday, September 05, 2024 | ||
| 32 | 32
adr
Notice of Mediator Selection and/or Hearing
Thu 09/05 6:11 PM
NOTICE of Mediator Selection and Hearing. Selected/Added Manuel R. Morales, Jr. as Mediator. Mediation Hearing set for 1/29/2025 @ 9 am. (Morales, Manuel) |
|
| Tuesday, September 03, 2024 | ||
| 31 | 31
1
pgs
order
Order Scheduling Mediation
Wed 09/04 9:38 AM
ORDER Scheduling Mediation before Manuel R. Morales, Jr. Mediation Hearing set for 1/29/2025 9:00 AM via videoconference. Signed by Judge Roy K. Altman on 9/3/2024. See attached document for full details. (scn) |
|
| 30 | 30
adr
Notice of Mediator Selection and/or Hearing
Tue 09/03 4:33 PM
Joint NOTICE of Mediator Selection and Hearing. Selected/Added Yolanda Vizcarra, Manuel R. Morales, Jr. as Mediator. Mediation Hearing set for 1/29/25 at 9:00 A.M. (EST).(Nunez, Bobby) |
|
|
Att: 1
Text of Proposed Order Proposed Order Scheduling Mediation
|
||
| 29 | 29
answer
Answer to Amended Complaint
Tue 09/03 10:52 AM
ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by KeepEm Rolling Transportation, LLC. (Ramos, Francisco) |
|
| 28 | 28
answer
Answer to Amended Complaint
Tue 09/03 10:48 AM
ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Charles J. Douthitt. (Ramos, Francisco) |
|
| 27 | 27
answer
Answer to Amended Complaint
Tue 09/03 10:44 AM
ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Linda Templeton. (Ramos, Francisco) |
|
| Friday, August 30, 2024 | ||
| 26 | 26
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Fri 08/30 8:44 AM
Clerk's Notice to Filer re25 Amended Complaint/Amended Notice of Removal. 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. (ls) |
|
| Thursday, August 29, 2024 | ||
| 25 | 25
9
pgs
cmp
Amended Complaint/Amended Notice of Removal
Thu 08/29 6:03 PM
First AMENDED COMPLAINT against Yolanda Vizcarra, filed by Yolanda Vizcarra.(Nunez, Bobby) |
|
| Friday, August 23, 2024 | ||
| 24 | 24
2
pgs
order
Order on Motion to Remand to State Court
Mon 08/26 12:42 PM
ORDER denying9 Motion to Remand to State Court. Amended Complaint due by 8/30/2024. Joint Status Report due by 9/27/2024. Signed by Judge Roy K. Altman on 8/23/2024. See attached document for full details. (cqs) |
|
| 23 | 23
minutes
MOTION Hearing or Evidentiary Motion Hearing
Fri 08/23 3:32 PM
PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman. A hearing on9 the Plaintiff's Motion for Remand was held on August 23, 2024.Total time in court: 0 hours, 29 minutes. Attorney Appearances: Bobby Luis Nunez, Marlyne Zakher. Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (rco) |
|
| Thursday, August 22, 2024 | ||
| 22 | 22
notice
Notice (Other)
Thu 08/22 4:03 PM
Amended NOTICE of Citizenship by KeepEm Rolling Transportation, LLC re17 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, 20 Order,,, (Ramos, Francisco) |
|
|
Att: 1
Affidavit Declaration of Stacy Denning
|
||
| 21 | 21
notice
Notice (Other)
Thu 08/22 11:32 AM
NOTICE of Citizenship by KeepEm Rolling Transportation, LLC re17 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, 20 Order,,, (Ramos, Francisco) |
|
| Monday, August 19, 2024 | ||
| 20 | 20
order
- Order (PAPERLESS or pdf attached)
Mon 08/19 7:54 PM
PAPERLESS ORDER . In5 their Amended Notice of Removal, the Defendants note that Defendant KeepEm Rolling Transportation, LLC ("KeepEm Rolling") "is incorporated in and maintains its principal place of business in Kansas." Id. ¶ 17. That tells us nothing about KeemEm Rolling's citizenship. That's because, for "determining citizenship of the parties for diversity jurisdiction purposes, a limited liability company (LLC) is a citizen of every state that any member is a citizen of." Purchasing Power, LLC v. Bluestem Brands, Inc. , 851 F.3d 1218, 1220 (11th Cir. 2017). Accordingly, by August 22, 2024 , the Defendants shall file a notice listing the names and citizenship of each of KeepEm Rolling's members. Failure to comply with this order may result in sanctions, including granting9 the Plaintiff's Motion to Remand by default. Signed by Judge Roy K. Altman on 8/19/2024. (rco) |
|
| 19 | 19
notice
NOTICE of HEARING (or CANCELLATION)
Mon 08/19 2:30 PM
PAPERLESS NOTICE of Hearing .A hearing on9 the Plaintiff's Motion to Remand is SET for August 23, 2024 , at 1:30 PM in the Miami Division, Courtroom 12-4, before Judge Roy K. Altman. (rco) |
|
| Monday, August 12, 2024 | ||
| 18 | 18
respm
Reply to Response to Motion
Mon 08/12 6:24 PM
Plaintiff's REPLY to Response to Motion re9 Plaintiff's MOTION to Remand to State Court filed by Yolanda Vizcarra. (Nunez, Bobby) |
|
| 17 | 17
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Mon 08/12 11:15 AM
ORDER Setting Trial and Pre-Trial Schedule: ( Jury Trial set for 6/16/2025 in Miami Division before Judge Roy K. Altman., Calendar Call set for 6/10/2025 01:45 PM in Miami Division before Judge Roy K. Altman., Amended Pleadings due by 9/30/2024., Discovery due by 2/18/2025., Expert Discovery due by 2/18/2025., Joinder of Parties due by 9/30/2024., Mediation Deadline 3/4/2025., In Limine Motions due by 5/12/2025., Motions due by 3/12/2025., Pretrial Stipulation due by 6/2/2025.), ORDER REFERRING CASE to Mediation., and ORDER REFERRING CASE to Magistrate Judge Eduardo I. Sanchez for Discovery and Pretrial Non-Dispositive Matters. Signed by Judge Roy K. Altman on 8/12/2024. See attached document for full details. (ls) |
|
| Friday, August 09, 2024 | ||
| 16 | 16
misc
Scheduling Report - Rule 26(f)/16.1
Fri 08/09 5:29 PM
Joint SCHEDULING REPORT - Rule 16.1 by Yolanda Vizcarra (Nunez, Bobby) |
|
| 15 | 15
misc
Scheduling Report - Rule 26(f)/16.1
Fri 08/09 4:42 PM
Joint SCHEDULING REPORT - Rule 16.1 by Yolanda Vizcarra (Nunez, Bobby) |
|
| 14 | 14
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 08/09 4:32 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Charles J. Douthitt, KeepEm Rolling Transportation, LLC, Linda Tippelton identifying Other Affiliate Shelter Insurance Companies for Charles J. Douthitt, KeepEm Rolling Transportation, LLC, Linda Tippelton (Ramos, Francisco) |
|
| 13 | 13
notice
Clerk's Notice - Attorney Admissions
Fri 08/09 4:08 PM
CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Francisco Ramos Jr. (pt) |
|
| 12 | 12
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 08/09 3:58 PM
Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Yolanda Vizcarra (Nunez, Bobby) |
|
| 11 | 11
respm
Response in Opposition to Motion
Fri 08/09 2:51 PM
RESPONSE in Opposition re9 Plaintiff's MOTION to Remand to State Court filed by Charles J. Douthitt, KeepEm Rolling Transportation, LLC, Linda Tippelton. Replies due by 8/16/2024. (Ramos, Francisco) |
|
| Thursday, August 08, 2024 | ||
| 10 | 10
notice
Notice of CHANGE OF ADDRESS, Email or Law Firm Name
Thu 08/08 1:37 PM
NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Francisco Ramos, Jr (Ramos, Francisco) |
|
| Wednesday, August 07, 2024 | ||
| 9 | 9
motion
Remand to State Court
Wed 08/07 4:24 PM
Plaintiff's MOTION to Remand to State Court by Yolanda Vizcarra.(Nunez, Bobby) |
|
|
Att: 1
Exhibit EXH 1 - TRAFFIC CRASH REPORT
|
||
| Monday, August 05, 2024 | ||
| 8 | 8
misc
Status Report
Mon 08/05 12:43 PM
STATUS REPORT Removal Status Report by Charles J. Douthitt, KeepEm Rolling Transportation, LLC, Linda Tippelton (Ramos, Francisco) |
|
| Wednesday, July 31, 2024 | ||
| 7 | 7
notice
Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
Wed 07/31 11:40 AM
Clerk's Notice to Filer re5 Notice (Other),. Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, See DE#6. It is not necessary to refile this document. (cds) |
|
| 6 | 6
cmp
Amended Complaint/Amended Notice of Removal
Wed 07/31 11:39 AM
AMENDED NOTICE OF REMOVAL, filed by Yolanda Vizcarra, Linda Tippelton, KeepEm Rolling Transportation, LLC. (For Image See DE#5 ) (cds) |
|
| 5 | 5
notice
Notice (Other)
Wed 07/31 11:19 AM
Amended NOTICE of Removal by Charles J. Douthitt, KeepEm Rolling Transportation, LLC, Linda Tippelton re1 Notice of Removal (State Court Complaint),, (Ramos, Francisco) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B,
|
||
|
Att: 3
Exhibit Composite Exhibit C,
|
||
|
Att: 4
Exhibit D,
|
||
|
Att: 5
Exhibit E,
|
||
|
Att: 6
Exhibit F,
|
||
|
Att: 7
Exhibit G
|
||
| Friday, July 26, 2024 | ||
| 4 | 4
order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines
Fri 07/26 3:46 PM
ORDER Requiring Removal Status Report and Joint Scheduling Report. ( Joint Scheduling Report due by 8/9/2024, Removal Status Report due by 8/5/2024.) Signed by Judge Roy K. Altman on 7/26/2024. See attached document for full details. (ls) |
|
| 3 | 3
order
- Order (PAPERLESS or pdf attached)
Fri 07/26 3:43 PM
ORDER in Cases with Multiple Defendants. Signed by Judge Roy K. Altman on 7/26/2024. See attached document for full details. (ls) |
|
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 07/26 10:51 AM
Clerks Notice of Judge Assignment to Judge Roy K. Altman. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Eduardo I. Sanchez 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. (ar24) |
|
| 1 | 1
cmp
Notice of Removal (State Court Complaint)
Fri 07/26 9:56 AM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages and Demand for Trial by Jury) Filing fee $ 405.00 receipt number AFLSDC-17708356, filed by Linda Tippelton, Charles J. Douthitt, KeepEm Rolling Transportation, LLC.(Ramos, Francisco) No Answer / Motion to Dismiss filed. Modified on 7/26/2024 (ar24) |
|
|
Att: 1
Exhibit A, State Court Complaint
|
||
|
Att: 2
Exhibit Composite Exhibit B,
|
||
|
Att: 3
Exhibit C,
|
||
|
Att: 4
Exhibit D,
|
||
|
Att: 5
Exhibit E,
|
||
|
Att: 6
Docket Sheet,
|
||
|
Att: 7
Civil Cover Sheet
|
||