This case was last updated from U.S. District Courts on 07/27/2019 at 07:37:11 (UTC).

Lynda Scarberry Dillon, v. Sunbelt Rentals, Inc. et al

Case Summary

On 05/28/2019 Lynda Scarberry Dillon filed a Property - Real Property Product Liability lawsuit against Sunbelt Rentals, Inc. This case was filed in U.S. District Courts, Florida Southern District. The Judges overseeing this case are Dave Lee Brannon and Donald M. Middlebrooks. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    9:19-CV-80697

  • Filing Date:

    05/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Real Property Product Liability

  • Courthouse:

    Florida Southern District

Judge Details

Referral Judge

Dave Lee Brannon

Presiding Judge

Donald M. Middlebrooks

 

Party Details

Plaintiffs

Lynda Scarberry Dillon, Individually and as Personal Representative of the Estate of John Thomas Dillon, IV

Lynda Scarberry Dillon

Defendants

John Doe

Vanderlans & Sons, Inc.

Sunbelt Rentals, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Brian R. Denney

Attorney at Searcy Denney Scarola Barnhart & Shipley

2139 Palm Beach Lakes Boulevard, Po Drawer 3626

West Palm Beach, FL 33402-3626

Defendant Attorneys

Carlo D Marichal

Attorney at Banker Lopez Gassler P.A.

1200 South Pine Island Rd., Suite 170

Plantation, FL 33324

Joshua Alan Golembe

Attorney at Butler Weihmuller Katz Craig

80 Southwest 8Th Street, Suite 3300

Miami, FL 33130

F. Bryant Blevins

Attorney at Butler Weihmuller Katz Craig LLP

80 Sw 8Th Street, Suite 3300

Miami, FL 33130

 

Court Documents

#14

(#14) REPLY to Response to Motion re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Sunbelt Rentals, Inc.. (Golembe, Joshua) (Entered: 07/02/2019)

#13

(#13) RESPONSE in Opposition re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Lynda Scarberry Dillon. Replies due by 7/3/2019. (Denney, Brian) (Entered: 06/26/2019)

12 #1

Exhibit Plaintiff's Complaint

#12

(#12) MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Sunbelt Rentals, Inc.. Responses due by 7/1/2019 (Attachments: #1 Exhibit Plaintiff's Complaint)(Golembe, Joshua) (Entered: 06/17/2019)

11 #1

Exhibit 1

#11

(#11) NOTICE by Vanderlans & Sons, Inc. re 8 Order,,,, Set/Reset Deadlines,,, Amended Notice of Removal (Attachments: #1 Exhibit 1) (Marichal, Carlo) (Entered: 06/17/2019)

#10

(#10) First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Vanderlans & Sons, Inc.. (Marichal, Carlo) (Entered: 06/10/2019)

#9

(#9) NOTICE OF UNAVAILABILITY by Lynda Scarberry Dillon for dates of June 26, 2019 through July 5, 2019 and July 18, July 25 and July 26, 2019 (Denney, Brian) (Entered: 06/10/2019)

#7

(#7) ANSWER and Affirmative Defenses to Complaint with Jury Demand by Vanderlans & Sons, Inc.. (Marichal, Carlo) (Entered: 06/04/2019)

4 #1

Text of Proposed Order

#4

(#4) Agreed Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint) by Sunbelt Rentals, Inc.. Responses due by 6/17/2019 (Attachments: #1 Text of Proposed Order)(Golembe, Joshua) Modified Relief on 6/4/2019 (ls). (Entered: 06/03/2019)

#3

(#3) NOTICE of Attorney Appearance by F. Bryant Blevins on behalf of Sunbelt Rentals, Inc.. Attorney F. Bryant Blevins added to party Sunbelt Rentals, Inc.(pty:dft). (Blevins, F.) (Entered: 05/31/2019)

1 #2

Exhibit 1 - State Court Filings

#1

(#1) NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11680415, filed by Vanderlans & Sons, Inc. No Motion to Dismiss/no answer filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Filings)(Marichal, Carlo)Text Modified on 5/29/2019 (mee). (Entered: 05/28/2019)

7 More Documents Available

 

Docket Entries

  • 07/02/2019
  • View Court Documents
  • (#14) REPLY to Response to Motion re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Sunbelt Rentals, Inc.. (Golembe, Joshua) (Entered: 07/02/2019)

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  • 06/26/2019
  • View Court Documents
  • (#13) RESPONSE in Opposition re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Lynda Scarberry Dillon. Replies due by 7/3/2019. (Denney, Brian) (Entered: 06/26/2019)

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  • 06/17/2019
  • View Court Documents
  • (#12) MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Sunbelt Rentals, Inc.. Responses due by 7/1/2019 (Attachments: #1 Exhibit Plaintiff's Complaint)(Golembe, Joshua) (Entered: 06/17/2019)

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  • 06/17/2019
  • View Court Documents
  • (#11) NOTICE by Vanderlans & Sons, Inc. re 8 Order,,,, Set/Reset Deadlines,,, Amended Notice of Removal (Attachments: #1 Exhibit 1) (Marichal, Carlo) (Entered: 06/17/2019)

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  • 06/10/2019
  • View Court Documents
  • (#10) First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Vanderlans & Sons, Inc.. (Marichal, Carlo) (Entered: 06/10/2019)

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  • 06/10/2019
  • View Court Documents
  • (#9) NOTICE OF UNAVAILABILITY by Lynda Scarberry Dillon for dates of June 26, 2019 through July 5, 2019 and July 18, July 25 and July 26, 2019 (Denney, Brian) (Entered: 06/10/2019)

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  • 06/06/2019
  • (#8) PAPERLESS ORDER. Defendants allege that this Court has jurisdiction over this case based on diversity. However, the allegations fail to plead diversity. Specifically, Defendants have failed to plead the state of Plaintiffs' citizenship. Additionally, Defendants allege only that Defendants are foreign corporations incorporated outside of Florida and with their principal places of business outside of Florida. These allegations are insufficient to allege diversity of citizenship; without allegations specifying the state(s) in which each party is a citizen, this Court cannot assess its own jurisdiction over this matter. See e.g., Carolyn S. Story, Inc. v. Accounting Sols. Holding Co., 2007 WL 1284919, at *1 (M.D. Ga. May 1, 2007). Accordingly, Defendants shall file an amended notice of removal on or by June 17, 2019, curing the jurisdictional deficiencies noted herein. Signed by Judge Donald M. Middlebrooks on 6/6/2019. (sfr) (Entered: 06/06/2019)

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  • 06/04/2019
  • View Court Documents
  • (#7) ANSWER and Affirmative Defenses to Complaint with Jury Demand by Vanderlans & Sons, Inc.. (Marichal, Carlo) (Entered: 06/04/2019)

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  • 06/04/2019
  • View Court Documents
  • (#6) PAPERLESS ORDER granting #4 Motion for Extension of Time. The deadline for Defendant Sunbelt Rentals, Inc. to respond to Plaintiff's Complaint shall be extended to June 19, 2019. Signed by Judge Donald M. Middlebrooks on 6/4/2019. (sfr) (Entered: 06/04/2019)

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  • 06/04/2019
  • View Court Documents
  • (#5) Clerks Notice to Filer re #4 Agreed MOTION for Extension of Time Extension of Time to Respond to Complaint re #1 Notice of Removal (State Court Complaint),. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 06/04/2019)

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  • 06/03/2019
  • View Court Documents
  • (#4) Agreed Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint) by Sunbelt Rentals, Inc.. Responses due by 6/17/2019 (Attachments: #1 Text of Proposed Order)(Golembe, Joshua) Modified Relief on 6/4/2019 (ls). (Entered: 06/03/2019)

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  • 05/31/2019
  • View Court Documents
  • (#3) NOTICE of Attorney Appearance by F. Bryant Blevins on behalf of Sunbelt Rentals, Inc.. Attorney F. Bryant Blevins added to party Sunbelt Rentals, Inc.(pty:dft). (Blevins, F.) (Entered: 05/31/2019)

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  • 05/28/2019
  • (#2) Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) (Entered: 05/29/2019)

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  • 05/28/2019
  • View Court Documents
  • (#1) NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11680415, filed by Vanderlans & Sons, Inc. No Motion to Dismiss/no answer filed. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Filings)(Marichal, Carlo)Text Modified on 5/29/2019 (mee). (Entered: 05/28/2019)

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