Bernstein v. Asbury Automotive Group, Inc. et al
| Florida Middle District Court | |
| Judge: | Brian J Davis |
| Referred: | James R Klindt |
| Case #: | 3:19-cv-01175 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1441 Notice of Removal - Employment Discrim |
| Case Filed: | Oct 16, 2019 |
| Terminated: | Nov 15, 2021 |
| Case in other court: | Fourth Judicial Circuit, 2019-CA-6697 |
| Last checked: Monday Apr 13, 2020 6:41 AM EDT |
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Defendant
Asbury Automotive Group, Inc.
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Represented By
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Defendant
Florida Automotive Services LLC
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Represented By
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Defendant
CN Motors, LLC
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Represented By
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Plaintiff
Bruce Bernstein
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Represented By
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| Docket last updated: 52 minutes ago |
| Tuesday, November 23, 2021 | ||
| 47 | 47
misc
Bill of costs - proposed
Tue 11/23 3:30 PM
PROPOSED BILL OF COSTS by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC.(Howard, Christine) |
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Att: 1
Affidavit of Christine Howard,
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Att: 2
Exhibit Cost Backups
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| Monday, November 15, 2021 | ||
| 46 | 46
order
Judgment
Mon 11/15 10:29 AM
JUDGMENT in favor of Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC against Bruce Bernstein. Signed by Deputy Clerk on 11/15/2021. (Attachment: # 1 Blank Bill of Costs)(KEM) |
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| Friday, November 12, 2021 | ||
| 45 | 45
18
pgs
order
Order on Motion for Summary Judgment
Fri 11/12 12:48 PM
ORDER GRANTING 31 Defendants' Motion for Summary Judgment. The Clerk shall enter judgment in favor of Defendants, terminate all pending motions and close the file. Signed by Judge Brian J. Davis on 11/12/2021. (AMP) |
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| Wednesday, November 10, 2021 | ||
| 44 | 44
respm
Response to motion
Wed 11/10 9:17 PM
RESPONSE to Motion re40 MOTION In Limine filed by Bruce Bernstein. (Wulbern, Shands) |
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| 43 | 43
misc
Pretrial statement
Wed 11/10 5:38 PM
PRETRIAL statement by Bruce Bernstein.(Wulbern, Shands) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit A-1,
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Att: 3
Exhibit B,
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Att: 4
Exhibit B-1,
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Att: 5
Exhibit C
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| 42 | 42
respm
Response to motion
Wed 11/10 9:33 AM
RESPONSE to Motion re41 MOTION In Limine filed by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Owens, Brett) |
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| Wednesday, November 03, 2021 | ||
| 41 | 41
motion
In Limine
Wed 11/03 9:43 PM
MOTION In Limine by Bruce Bernstein. (Wulbern, Shands) |
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| 40 | 40
motion
In Limine
Wed 11/03 11:40 AM
MOTION In Limine by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Owens, Brett) |
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| Friday, October 29, 2021 | ||
| 39 | 39
order
Order on Motion for Miscellaneous Relief
Fri 10/29 5:40 PM
ENDORSED ORDER: 38 Defendants' Motion to Conduct Pretrial Conference via Video Conference is DENIED. Signed by Judge Brian J. Davis on 10/29/2021. (AMP) |
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| Tuesday, October 26, 2021 | ||
| 38 | 38
motion
Miscellaneous Relief
Tue 10/26 10:48 AM
MOTION for Miscellaneous Relief, specifically TO CONDUCT PRETRIAL CONFERENCE VIA VIDEO CONFERENCE by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Howard, Christine) |
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| Monday, October 25, 2021 | ||
| 37 | 37
2
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 10/25 1:23 PM
ORDER granting 36 Defendants' Motion for Pro Hac Vice Admission, Designation of Counsel and Consent to Act for Steven Cupp. Steven Cupp may appear pro hac vice on behalf of Defendants. Mr. Cupp shall expeditiously ensure mandatory registration with the Court's electronic case filing (ECF) system, if he has not already done so. Signed by Magistrate Judge James R. Klindt on 10/25/2021. (MDC) |
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| Thursday, October 21, 2021 | ||
| 36 | 36
motion
Appear Pro Hac Vice
Thu 10/21 5:05 PM
Unopposed MOTION for Steven R. Cupp to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18845659 for $150 by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Howard, Christine) |
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| Tuesday, July 20, 2021 | ||
| 35 | 35
respm
Reply to Response to Motion
Tue 07/20 12:09 PM
REPLY to Response to Motion re31 MOTION for Summary Judgment filed by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Howard, Christine) |
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| Tuesday, July 06, 2021 | ||
| 34 | 34
respm
Response in Opposition to Motion
Tue 07/06 6:02 PM
RESPONSE in Opposition re31 MOTION for Summary Judgment filed by Bruce Bernstein.(Wulbern, Shands) |
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Att: 1
Appendix,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7
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| Wednesday, June 16, 2021 | ||
| 33 | 33
discov
Deposition
Wed 06/16 4:20 PM
DEPOSITION of James Lux taken on June 3, 2020 re31 MOTION for Summary Judgment by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. . (Howard, Christine) |
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| 32 | 32
discov
Deposition
Wed 06/16 4:18 PM
DEPOSITION of Bruce Bernstein taken on January 29, 2020 re31 MOTION for Summary Judgment by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. .(Howard, Christine) |
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Att: 1
Exhibit 2,
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Att: 2
Exhibit 6,
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Att: 3
Exhibit 7,
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Att: 4
Exhibit 20,
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Att: 5
Exhibit 21,
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Att: 6
Exhibit 23
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| 31 | 31
motion
Summary Judgment
Wed 06/16 4:01 PM
MOTION for Summary Judgment by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC.(Howard, Christine) |
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Att: 1
Exhibit 1,
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Att: 2
Declaration of Jan Handley
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| Monday, May 10, 2021 | ||
| 30 | 30
order
Case Management / FLSA / ADA / Social Security / Scheduling Order
Mon 05/10 1:30 PM
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following settings and deadlines shall now apply: Dispositive motions due by 7/16/2021; Pretrial statement due by 11/10/2021; Final Pretrial Conference set for 11/17/2021 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 12/6/2021 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 5/10/2021. (AMP) |
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| Wednesday, April 14, 2021 | ||
| 29 | 29
4
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Wed 04/14 10:57 AM
ORDER granting in part and denying in part 23 Plaintiff's Second Motion to Amend Case Management and Scheduling Order and for Enlargement of Deadlines and Incorporated Memorandum of Law. The Motion is denied to the extent that it seeks an extension of the discovery deadline. The Motion is granted to the extent that an amended Case Management and Scheduling Order will enter. Signed by Magistrate Judge James R. Klindt on 4/14/2021. (KEB) |
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| Tuesday, April 13, 2021 | ||
| 28 | 28
16
pgs
order
Order on Motion to Compel
Tue 04/13 4:43 PM
ORDER granting in part and denying in part 21 Plaintiff's Second Motion to Compel Discovery from Defendants and Incorporated Memorandum of Law to the extent set forth in the Order. Defendants shall provide full and complete responses to Requests to Produce Nos. 1, 2, and 3 no later than 5/14/2021. SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 4/13/2021. (KEB) |
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| Thursday, March 25, 2021 | ||
| 27 | 27
notice
Notice of change of address
Thu 03/25 3:19 PM
NOTICE of change of address by Shands M. Wulbern (Wulbern, Shands) |
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| Monday, January 25, 2021 | ||
| 26 | 26
order
Order on Motion for Miscellaneous Relief
Mon 01/25 10:44 PM
ENDORSED ORDER: 25 Defendants' Motion to Extend Dispositive Motion Deadline is GRANTED. The dispositive motion deadline will be reset following resolution of Docket Entries 21 and 23 . Signed by Judge Brian J. Davis on 1/25/2021. (AMP) |
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| Thursday, January 21, 2021 | ||
| 25 | 25
motion
Miscellaneous Relief
Thu 01/21 3:56 PM
MOTION for Miscellaneous Relief, specifically TO EXTEND DISPOSITIVE MOTION DEADLINE by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Howard, Christine) |
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| Wednesday, January 06, 2021 | ||
| 24 | 24
respm
Response in Opposition to Motion
Wed 01/06 12:15 PM
RESPONSE in Opposition re23 Second MOTION for Extension of Time to Complete Discovery filed by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Howard, Christine) |
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| Monday, December 28, 2020 | ||
| 23 | 23
motion
Extension of Time to Complete Discovery
Mon 12/28 5:15 PM
Second MOTION for Extension of Time to Complete Discovery by Bruce Bernstein. (Wulbern, Shands) |
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| Wednesday, December 23, 2020 | ||
| 22 | 22
respm
Response to motion
Wed 12/23 2:07 PM
RESPONSE to Motion re21 Second MOTION to Compel Discovery filed by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC.(Howard, Christine) |
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Att: 1
Exhibit A
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| Thursday, December 10, 2020 | ||
| 21 | 21
motion
Compel
Thu 12/10 8:59 PM
Second MOTION to Compel Discovery by Bruce Bernstein.(Wulbern, Shands) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E
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| Monday, November 09, 2020 | ||
| 20 | 20
3
pgs
order
Order on Motion to Compel
Mon 11/09 4:42 PM
ORDER denying 13 Plaintiff's Motion to Compel Discovery from Defendants and Incorporated Memorandum of Law. Signed by Magistrate Judge James R. Klindt on 11/9/2020. (KAW) |
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| Monday, October 05, 2020 | ||
| 19 | 19
order
Case management and scheduling order
Mon 10/05 5:02 PM
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following settings and deadlines now apply: Discovery due by 12/30/2020: Dispositive motions due by 1/29/2021; Pretrial statement due by 5/19/2021; Final Pretrial Conference set for 5/26/2021 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 6/7/2021 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 10/5/2020. (AMP) |
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| Tuesday, September 29, 2020 | ||
| 18 | 18
order
Order on Motion for Extension of Time to Complete Discovery
Tue 09/29 5:21 PM
ENDORSED ORDER: 16 Plaintiff's Motion to Amend Case Management and Scheduling Order is GRANTED. An amended case management and scheduling order will enter. Signed by Judge Brian J. Davis on 9/29/2020. (AMP) |
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| Monday, September 28, 2020 | ||
| 17 | 17
respm
Response in Opposition to Motion
Mon 09/28 4:35 PM
RESPONSE in Opposition re16 MOTION for Extension of Time to Complete Discovery filed by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Howard, Christine) |
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| Monday, September 21, 2020 | ||
| 16 | 16
motion
Extension of Time to Complete Discovery
Mon 09/21 4:22 PM
MOTION for Extension of Time to Complete Discovery by Bruce Bernstein. (Wulbern, Shands) |
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| Wednesday, September 16, 2020 | ||
| 15 | 15
adr
Mediation report
Wed 09/16 11:09 PM
MEDIATION report Hearing held on September 15, 2020. Hearing outcome: Impasse.. (Coleman, Patrick) |
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| Monday, July 27, 2020 | ||
| 14 | 14
respm
Response to motion
Mon 07/27 3:55 PM
RESPONSE to Motion re13 MOTION to Compel Discovery filed by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC.(Howard, Christine) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit cited pages from plaintiff's deposition
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| Monday, July 13, 2020 | ||
| 13 | 13
motion
Compel
Mon 07/13 11:21 AM
MOTION to Compel Discovery by Bruce Bernstein.(Wulbern, Shands) |
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Att: 1
Exhibit A
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| Wednesday, November 20, 2019 | ||
| 12 | 12
utility
Case Referred to Mediation
Thu 11/21 1:28 PM
CASE REFERRED to Mediation. (PAM) |
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| 11 | 11
order
Case management and scheduling order
Wed 11/20 4:56 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/30/2020; Conduct mediation hearing by 10/15/2020; Dispositive motions due by 10/30/2020; Pretrial statement due by 2/10/2021; Final Pretrial Conference set for 2/17/2021 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 3/1/2021 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 11/20/2019.(AMP) |
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Att: 1
Mediation Report Form,
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Att: 2
Docket Sheets
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| Monday, November 18, 2019 | ||
| 10 | 10
misc
Case Management Report
Mon 11/18 1:45 PM
CASE MANAGEMENT REPORT. (Wulbern, Shands) |
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| Friday, November 15, 2019 | ||
| 9 | 9
notice
Notice of pendency of related cases
Fri 11/15 1:42 PM
NOTICE of pendency of related cases re6 Related case order and track 2 notice per Local Rule 1.04(d) by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. Related case(s): n (Howard, Christine) Modified on 11/15/2019 (PAM) |
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| 8 | 8
misc
Certificate of interested persons and corporate disclosure statement
Fri 11/15 1:40 PM
CERTIFICATE of interested persons and corporate disclosure statement by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC. (Howard, Christine) Modified on 11/15/2019 to edit text (PAM) |
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| Friday, November 08, 2019 | ||
| 7 | 7
misc
Certificate of interested persons and corporate disclosure statement
Fri 11/08 2:50 PM
CERTIFICATE of interested persons and corporate disclosure statement by Bruce Bernstein. (Wulbern, Shands) |
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| Friday, November 01, 2019 | ||
| 6 | 6
order
Related case order and track 2 notice
Fri 11/01 1:58 PM
NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 11/1/2019.(CKS) |
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Att: 1
Case Management Report Form,
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Att: 2
Consent Letter and Form
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| Wednesday, October 23, 2019 | ||
| 5 | 5
answer
Answer to Complaint
Wed 10/23 12:45 PM
ANSWER to 4 Complaint by Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC.(Howard, Christine) |
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| Wednesday, October 16, 2019 | ||
| 4 | 4
cmp
Complaint
Wed 10/16 3:38 PM
COMPLAINT against Asbury Automotive Group, Inc., CN Motors, LLC, Florida Automotive Services LLC with Jury Demand filed by Bruce Bernstein. (Originally filed in State Court)(BD) |
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| 3 | 3
notice
Notice of appearance
Wed 10/16 11:09 AM
NOTICE of Appearance by Brett Purcell Owens on behalf of Asbury Automotive Group, Inc., CN Motors LLC d/b/a Coggin Nissan, Florida Automotive Services LLC (Owens, Brett) |
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| 2 | 2
utility
Case Assigned/Reassigned
Wed 10/16 10:38 AM
NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge James R. Klindt. New case number: 3:19-cv-1175-J-39JRK. (SJB) |
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| 1 | 1
notice
Notice of Removal
Wed 10/16 10:21 AM
COMPLAINT and NOTICE OF REMOVAL from Fourth Judicial Circuit, case number 2019-CA-6697 filed in State Court on 9/23/19. Filing fee $ 400, receipt number 113A-16031925 filed by All Defendants.(Howard, Christine) |
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Att: 1
State Court COMPLAINT 1 - State Court Complaint,
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Att: 2
State Court Docket Sheet 4 - Docket Sheet,
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Att: 3
State Court Other Documents 5 - State Court Other Documents (Exhibit A to Notice),
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Att: 4
Civil Cover Sheet 6 - Civil Cover Sheet,
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Att: 5
Exhibit B - State Court Notice of Removal
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