Axitec LLC v. J&C Energy Enterprises LLC
| Florida Middle District Court | |
| Judge: | Kathryn Kimball Mizelle |
| Case #: | 8:24-cv-00710 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Mar 21, 2024 |
| Terminated: | Apr 24, 2024 |
| Last checked: Thursday Mar 21, 2024 7:19 PM EDT |
|
Defendant
J&C Energy Enterprises LLC d/b/a Energy Solutions Direct
|
|
|
Plaintiff
Axitec LLC
|
Represented By
|
| Docket last updated: 04/26/2024 11:59 PM EDT |
| Thursday, April 25, 2024 | ||
| 19 | 19
notice
Notice to Counsel of Local Rule
Thu 04/25 9:09 AM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (ARL) |
|
| Wednesday, April 24, 2024 | ||
| 18 | 18
order
Order
Wed 04/24 6:11 PM
ENDORSED ORDER: Defendant announces (Doc. 17 ) a settlement. Under Local Rule 3.09(b), this action is DISMISSED subject to the right of any party within sixty days (1) to submit a stipulated form of final order or (2) to move to vacate the dismissal for good cause. The clerk is directed to CLOSE the case. Signed by Judge Kathryn Kimball Mizelle on 4/24/2024. (ALE) |
|
| 17 | 17
notice
Notice of settlement
Wed 04/24 4:01 PM
NOTICE of settlement by J&C Energy Enterprises LLC (Judge, William) |
|
| Thursday, April 18, 2024 | ||
| 16 | 16
notice
Notice of Lead Counsel Designation
Thu 04/18 3:00 PM
NOTICE of Lead Counsel Designation by William J. Judge, Jr on behalf of J&C Energy Enterprises LLC. Lead Counsel: William J. Judge, Jr.. (Judge, William) |
|
| Thursday, April 11, 2024 | ||
| 15 | 15
notice
Notice of Lead Counsel Designation
Thu 04/11 2:02 PM
NOTICE of Lead Counsel Designation by J. Stephen Simms on behalf of Axitec LLC. Lead Counsel: J. Stephen Simms. (Simms, J.) |
|
| 14 | 14
notice
Notice to Counsel of Local Rule
Thu 04/11 9:37 AM
NOTICE TO COUNSEL J. Stephen Simms of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (EVK) |
|
| Wednesday, April 10, 2024 | ||
| 13 | 13
notice
Notice of a Related Action
Wed 04/10 3:36 PM
NOTICE of a related action per Local Rule 1.07(c) by Axitec LLC. Related case(s): No (Simms, J.) |
|
| 12 | 12
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Wed 04/10 3:35 PM
CERTIFICATE of interested persons and corporate disclosure statement re10 Standing Order by Axitec LLC. (Simms, J.) |
|
| 11 | 11
service
Summons returned executed
Wed 04/10 1:14 PM
RETURN of service executed on 04/03/2024 by Axitec LLC as to J&C Energy Enterprises LLC. (Simms, J.) |
|
| Monday, April 01, 2024 | ||
| 10 | 10
order
Standing Order
Mon 04/01 10:32 AM
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 4/1/2024. (ALE) |
|
| Thursday, March 28, 2024 | ||
| 9 | 9
cmp
Amended Complaint
Thu 03/28 5:08 PM
AMENDED COMPLAINT against J&C Energy Enterprises LLC filed by Axitec LLC. Related document: 1 Complaintfiled by Axitec LLC.(Simms, J.) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B,
|
||
|
Att: 3
Exhibit C,
|
||
|
Att: 4
Exhibit D,
|
||
|
Att: 5
Exhibit E,
|
||
|
Att: 6
Exhibit F,
|
||
|
Att: 7
Exhibit G,
|
||
|
Att: 8
Exhibit H,
|
||
|
Att: 9
Exhibit I,
|
||
|
Att: 10
Exhibit J,
|
||
|
Att: 11
Exhibit K,
|
||
|
Att: 12
Exhibit L,
|
||
|
Att: 13
Exhibit M,
|
||
|
Att: 14
Exhibit N,
|
||
|
Att: 15
Exhibit O,
|
||
|
Att: 16
Exhibit P,
|
||
|
Att: 17
Exhibit Q,
|
||
|
Att: 18
Exhibit R,
|
||
|
Att: 19
Exhibit S,
|
||
|
Att: 20
Exhibit T,
|
||
|
Att: 21
Exhibit U,
|
||
|
Att: 22
Exhibit V,
|
||
|
Att: 23
Exhibit W,
|
||
|
Att: 24
Exhibit X,
|
||
|
Att: 25
Exhibit Y,
|
||
|
Att: 26
Exhibit Z,
|
||
|
Att: 27
Exhibit AA,
|
||
|
Att: 28
Exhibit BB,
|
||
|
Att: 29
Exhibit CC,
|
||
|
Att: 30
Exhibit DD,
|
||
|
Att: 31
Exhibit EE,
|
||
|
Att: 32
Exhibit FF,
|
||
|
Att: 33
Exhibit GG,
|
||
|
Att: 34
Exhibit HH,
|
||
|
Att: 35
Exhibit II,
|
||
|
Att: 36
Exhibit JJ,
|
||
|
Att: 37
Exhibit KK,
|
||
|
Att: 38
Exhibit LL,
|
||
|
Att: 39
Exhibit MM,
|
||
|
Att: 40
Exhibit NN,
|
||
|
Att: 41
Exhibit OO,
|
||
|
Att: 42
Exhibit PP,
|
||
|
Att: 43
Exhibit QQ,
|
||
|
Att: 44
Exhibit RR,
|
||
|
Att: 45
Exhibit SS,
|
||
|
Att: 46
Exhibit TT
|
||
| Friday, March 22, 2024 | ||
| 8 | 8
service
Summons issued
Fri 03/22 3:42 PM
SUMMONS issued as to J&C Energy Enterprises LLC. (LSS) |
|
| 7 | 7
notice
Compliance notice
Fri 03/22 11:38 AM
NOTICE of compliance re 6 Order on Motion to Appear Pro Hac Vice by Axitec LLC (Simms, J.) |
|
| 6 | 6
order
Order on Motion to Appear Pro Hac Vice
Fri 03/22 10:35 AM
ENDORSED ORDER granting 3 Motion to Appear Pro Hac Vice. Attorney J. Stephen Simms may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this order, counsel shall comply with the fee and electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 3/22/2024. (KBP) |
|
| 5 | 5
order
Order
Fri 03/22 9:05 AM
ENDORSED ORDER: Upon review, the Court finds this 1 complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off. , 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly "incorporates and adopts by reference the allegations in" the prior counts leading to a situation where counts II through IV contain irrelevant factual allegations and legal conclusions. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, the Plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend their complaint no later than March 28, 2024. If the Plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 3/22/2024. (ALE) |
|
| Thursday, March 21, 2024 | ||
| 4 | 4
utility
Case Assigned/Reassigned
Thu 03/21 3:46 PM
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Unassigned Magistrate. New case number: 8:24-cv-710-KKM-UAM. Motion(s) REFERRED:3 MOTION for J. Stephen Simms to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21896156 for $150 . Motion(s) referred to Magistrate Judge Unassigned Magistrate. (ARL) |
|
| 3 | 3
motion
Appear Pro Hac Vice
Thu 03/21 1:53 PM
MOTION for J. Stephen Simms to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21896156 for $150 by Axitec LLC. (Simms, J.) |
|
| 2 | 2
misc
Corporate Disclosure Statement
Thu 03/21 1:51 PM
CORPORATE Disclosure Statement by Axitec LLC. (Simms, J.) |
|
| 1 | 1
cmp
Complaint
Thu 03/21 1:50 PM
COMPLAINT against J&C Energy Enterprises LLC d/b/a Energy Solutions Direct (Filing fee $405 receipt number AFLMDC-21896128) filed by Axitec LLC.(Simms, J.) |
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Proposed Summons
|
||