DEVIN FILIPPELLI v. Grow, LLC et al

Florida Southern District Court
Judge:	Donald M Middlebrooks
Referred:	Bruce E Reinhart
Case #:	9:22-cv-81731
Nature of Suit	365 Torts - Personal Injury - Product Liability
Cause	28:1332 Diversity-Personal Injury

Case Filed:

Nov 04, 2022

Docket
Parties (3)

Last checked: Wednesday May 03, 2023 5:19 AM EDT

Defendant Sean Michael Harder individually 1061 N Cliff Creek Ave Meridean, ID 83642	Represented By Justin Douglas Niznik Bowman And Brooke LLP contact info
Defendant GROW, LLC Registered Agent Sean Michael Harder 1061 N. Cliff Creek Ave Meridean, ID 83642	Represented By Justin Douglas Niznik Bowman And Brooke LLP contact info
Plaintiff DEVIN FILIPPELLI	Represented By Tamara Joi Williams Mctlaw contact info Michael Joseph Cowgill Mctlaw contact info

Docket last updated: 11/26/2024 11:59 PM EST

Friday, February 03, 2023
27		27 9 pgs respm Response in Opposition to Motion Fri 02/03 1:47 PM RESPONSE in Opposition re23 Plaintiff's MOTION to Compel Defendants to Produce Initial Disclosures Pursuant to Rule 26 filed by GROW, LLC, Sean Michael Harder. Replies due by 2/10/2023. (Niznik, Justin) Related: [-]
Tuesday, January 31, 2023
		order Order on Motion for Extension of Time to Amend Tue 01/31 10:38 AM PAPERLESS ORDER granting in part20 Motion for Extension of Time to Amend Pleadings and Join Additional Parties. Plaintiff seeks to extend the deadline to amend pleadings and join additional parties from January 26, 2023 to March 30, 2023. Defendants oppose the Motion.25 . In support, Plaintiff represents that he "intends to amend the Complaint and join additional parties who are within the stream of commerce for the Kratom sold by Defendants to Krystal Talavera." The Scheduling Order may be modified only upon a showing of "good cause." Fed. R. Civ. P. 16(b)(4). "This good cause standard precludes modification unless the schedule cannot 'be met despite the diligence of the party seeking the extension.'" Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (citing Fed. R. Civ. P. 16 advisory committee's note). I find good cause. However, Plaintiff does not present sufficient facts to justify a March 30 extension. Accordingly, Plaintiff's deadline to file a motion for leave to amend and join additional parties is extended to February 27, 2023. Signed by Judge Donald M. Middlebrooks on 1/31/2023. (orz) Related: [-]
Wednesday, January 25, 2023
25		25 respm Response to Motion Wed 01/25 3:25 PM RESPONSE to Motion re20 Plaintiff's MOTION for Extension of Time to Amend Pleadings and Join Additional Parties filed by GROW, LLC, Sean Michael Harder. Replies due by 2/1/2023. (Niznik, Justin) Related: [-]
Friday, January 20, 2023
24		24 notice Notice (Other) Fri 01/20 5:54 PM NOTICE by DEVIN FILIPPELLI of Filing Proposed Order on Plaintiff's Motion to Compel Defendants to Produce Initial Disclosures (Cowgill, Michael) Related: [-]
23		23 motion Compel Fri 01/20 5:52 PM Plaintiff's MOTION to Compel Defendants to Produce Initial Disclosures Pursuant to Rule 26 by DEVIN FILIPPELLI. Responses due by 2/3/2023 (Cowgill, Michael) Related: [-]
		order - Order (PAPERLESS or pdf attached) ~Util - Set/Reset Motion/R&R Deadlines and Hearings Fri 01/20 10:08 AM PAPERLESS ORDER EXPEDITING BRIEFING ON20 Plaintiff's Motion to Extend the Deadline to Join Additional Parties and to Amend Pleadings. The Motion indicates that Defendants object. In an effort to resolve this issue without undue delay, I will expedite Defendants' response. Accordingly, on or by January 25, 2023, Defendants shall respond to Plaintiff's Motion, fully setting forth the basis for their opposition to the relief requested. Signed by Judge Donald M. Middlebrooks on 1/20/2023. (kal) Related: [-]
Tuesday, January 17, 2023
21		21 notice Notice (Other) Tue 01/17 1:31 PM NOTICE by DEVIN FILIPPELLI of Filing proposed Order on Motion to Extend Deadline to Join Additional Parties and Amend Pleadings (Cowgill, Michael) Related: [-]
20		20 motion Extension of Time to Amend Tue 01/17 1:26 PM Plaintiff's MOTION for Extension of Time to Amend Pleadings and Join Additional Parties by DEVIN FILIPPELLI. Responses due by 1/31/2023(Cowgill, Michael) Related: [-]
		Att: 1 Exhibit Exhibit "A",
		Att: 2 Exhibit Exhibit "B",
		Att: 3 Exhibit Exhibit "C",
		Att: 4 Exhibit Exhibit "D",
		Att: 5 Exhibit Exhibit "E",
		Att: 6 Exhibit Exhibit "F",
		Att: 7 Exhibit Exhibit "G",
		Att: 8 Exhibit Exhibit "H",
		Att: 9 Exhibit Exhibit "I",
		Att: 10 Exhibit Exhibit "J",
		Att: 11 Exhibit Exhibit "K"
Tuesday, January 03, 2023
		order - Order (PAPERLESS or pdf attached) Tue 01/03 9:37 AM PAPERLESS ORDER regarding18 the Parties' Joint Scheduling Report and Discovery Plan. In addition to addressing the matters required under Fed. R. Civ. P. 26(f), Defendant represents that he requires additional time before making initial disclosures to "retain criminal defense counsel" to guard his Fifth Amendment Rights. On December 15, 2022, Magistrate Judge Matthewman entered the Pretrial Scheduling Order of this matter. (DE15 ). To the extent that the Parties intended for me to amend the Pretrial Scheduling Order upon the recommendations set forth in their Joint Report, I decline to do so. The Parties are advised that, pursuant to Rule 7(b), "[a] request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b). The Parties' Joint Report is not a motion. Accordingly, all deadlines remain in effect. Signed by Judge Donald M. Middlebrooks on 1/3/2023. (kal) Related: [-]
Thursday, December 29, 2022
18		18 9 pgs misc Report Regarding Thu 12/29 5:10 PM REPORT REGARDING Joint Discovery Plan by DEVIN FILIPPELLI (Cowgill, Michael) Related: [-]
Tuesday, December 27, 2022
17		17 11 pgs answer Answer to Amended Complaint Tue 12/27 11:55 AM ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Sean Michael Harder. (Niznik, Justin) Related: [-]
16		16 answer Answer to Amended Complaint Tue 12/27 11:52 AM ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by GROW, LLC. (Niznik, Justin) Related: [-]
Thursday, December 15, 2022
15		15 order Scheduling Order Order Referring Case to Mediation Fri 12/16 10:05 AM 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) Related: [-]
		minutes Scheduling Conference Thu 12/15 3:39 PM 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) Related: [-]
Wednesday, December 14, 2022
		order Order on Motion for Extension of Time to File Response/Reply/Answer Wed 12/14 3:08 PM PAPERLESS ORDER granting12 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) Related: [-]
Tuesday, December 13, 2022
12		12 motion Extension of Time to File Response/Reply/Answer Tue 12/13 3:43 PM Unopposed MOTION for Extension of Time to File Response/Reply/Answer by GROW, LLC, Sean Michael Harder. (Niznik, Justin) Related: [-]
11		11 notice Notice of Attorney Appearance Tue 12/13 3:42 PM 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) Related: [-]
Friday, December 09, 2022
		order - Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings Fri 12/09 3:42 PM 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) Related: [-]
Monday, December 05, 2022
		order - Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings Mon 12/05 1:26 PM 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) Related: [-]
Thursday, December 01, 2022
8		8 service Summons (Affidavit) Returned Executed Thu 12/01 9:30 AM SUMMONS (Affidavit) Returned Executed on5 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) Related: [-]
7		7 service Summons (Affidavit) Returned Executed Thu 12/01 9:24 AM SUMMONS (Affidavit) Returned Executed on5 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) Related: [-]
Tuesday, November 22, 2022
6		6 4 pgs order Order Referring Case to Magistrate Judge Scheduling Order Tue 11/22 2:43 PM 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) Related: [-]
Friday, November 11, 2022
5		5 cmp Amended Complaint/Amended Notice of Removal Fri 11/11 2:44 PM AMENDED COMPLAINT against All Defendants, filed by DEVIN FILIPPELLI.(Cowgill, Michael) Related: [-]
		Att: 1 Exhibit Exhibit A to Amended Complaint,
		Att: 2 Exhibit Exhibit B to Amended Complaint
Wednesday, November 09, 2022
		order - Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines Wed 11/09 1:37 PM PAPERLESS ORDER. Plaintiff fails to properly allege that this Court has jurisdiction under 28 U.S.C. � 1332. (DE1 ). 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) Related: [-]
Monday, November 07, 2022
3		3 service Summons Issued Mon 11/07 12:06 PM Summons Issued as to GROW, LLC, Sean Michael Harder. (nan) Related: [-]
Friday, November 04, 2022
1		1 25 pgs cmp Complaint Fri 11/04 6:59 PM 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.(Cowgill, Michael) Related: [-]
		Att: 1 1 pgs Exhibit Exhibit A to Complaint,
		Att: 2 5 pgs Exhibit Exhibit B to Complaint,
		Att: 3 Civil Cover Sheet,
		Att: 4 Summon(s),
		Att: 5 Summon(s)
		order Clerk's Notice of Judge Assignment and Optional Consent Mon 11/07 11:59 AM 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) Related: [-]

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