Ryder Truck Rental, Inc. v. All Ways Auto Transport, LLC
| Florida Southern District Court | |
| Judge: | Rodolfo A Ruiz, II |
| Case #: | 1:24-cv-24615 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Nov 22, 2024 |
| Terminated: | Feb 08, 2025 |
| Last checked: Wednesday May 21, 2025 4:30 AM EDT |
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Defendant
All Ways Auto Transport, LLC
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Represented By
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Plaintiff
Ryder Truck Rental, Inc.
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Represented By
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GPO
Apr 30 2025
ORDER GRANTING 8 DEFENDANT'S MOTION TO QUASH ATTEMPTED SERVICE OF PROCESS. Signed by Judge Rodolfo A. Ruiz, II on 4/30/2025. See attached document for full details. (jgz) |
| Docket last updated: 2 hours ago |
| Wednesday, April 30, 2025 | ||
| 19 | 19
5
pgs
order
Order on Motion to Quash
Wed 04/30 2:14 PM
ORDER GRANTING8 DEFENDANT'S MOTION TO QUASH ATTEMPTED SERVICE OF PROCESS. Signed by Judge Rodolfo A. Ruiz, II on 4/30/2025. See attached document for full details. (jgz) |
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| Monday, April 14, 2025 | ||
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respm
Reply in Support of Motion
Mon 04/14 2:22 PM
REPLY in Support of Motion re8 MOTION to Quash Service of Process . filed by All Ways Auto Transport, LLC. (Brien, Joseph) |
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| Wednesday, April 02, 2025 | ||
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 04/02 5:56 PM
PAPERLESS ORDER Granting16 Defendant's Motion for Extension of Time and Denying as Moot15 Defendant's Motion for Extension of Time. Defendant shall file a reply to Plaintiff's Response, [ECF No. 14], to Defendant's Motion to Quash Service of Process, [ECF No. 8], on or before April 14, 2025 . Signed by Judge Rodolfo A. Ruiz, II on 4/2/2025. (jgz) |
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motion
Extension of Time to File Response/Reply/Answer
Wed 04/02 2:37 PM
MOTION for Extension of Time to File Response/Reply/Answer as to 13 Order on Motion for Extension of Time to File Response/Reply/Answer,14 Response in Opposition to Motion, 9 Order,,,,,,,8 MOTION to Quash Service of Process by All Ways Auto Transport, LLC.(Brien, Joseph) |
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Att: 1
Exhibit Email
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motion
Extension of Time to File Response/Reply/Answer
Wed 04/02 1:13 PM
MOTION for Extension of Time to File Response/Reply/Answer by All Ways Auto Transport, LLC. (Brien, Joseph) |
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| Friday, March 28, 2025 | ||
| 14 | 14
respm
Response in Opposition to Motion
Fri 03/28 12:38 PM
RESPONSE in Opposition re8 MOTION to Quash Service of Process filed by RYDER TRUCK RENTAL, INC. Replies due by 4/4/2025.(Fernandez, Barbara) |
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Att: 1
Exhibit 1 - email,
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Att: 2
Exhibit 2 - email,
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Att: 3
Exhibit 3 - affidavit,
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Att: 4
Exhibit 4 - affidavit
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| Thursday, March 13, 2025 | ||
| 13 | 13
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 03/13 5:46 PM
PAPERLESS ORDER granting12 Motion for Enlargement of Time. Plaintiff shall respond to Defendant's Motion to Quash Attempted Service of Process, [ECF No. 8], on or before March 28, 2025 . If Plaintiff files a response, Defendant may file a reply no later than three (3) days later. The Court reminds Plaintiff that the deadline to perfect service upon Defendant is March 31, 2025 . Signed by Judge Rodolfo A. Ruiz, II on 3/13/2025. (jgz) |
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motion
Extension of Time to File Response/Reply/Answer
Thu 03/13 5:19 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 9 Order,,,,,,,8 MOTION to Quash Service of Process by RYDER TRUCK RENTAL, INC. (Fernandez, Barbara) |
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| 11 | 11
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 03/13 4:18 PM
PAPERLESS ORDER striking10 Defendant's Motion for Enlargement of Time for failure to comply with Local Rule 7.1(a)(3). With limited exceptions not applicable to the present filing, the Local Rules require that "counsel for the movant shall confer (orally or in writing), or make reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve by agreement the issues to be raised in the motion." See Local Rule 7.1(a)(3). The movant has failed to certify that this requirement has been met. As such, the Motion is hereby STRICKEN . Signed by Judge Rodolfo A. Ruiz, II on 3/13/2025. (jgz) |
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| 10 | 10
motion
Extension of Time to File Response/Reply/Answer
Thu 03/13 3:56 PM
(STRICKEN PER DE#11) Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to 9 Order,,,,,,,8 MOTION to Quash Service of Process by RYDER TRUCK RENTAL, INC. (Fernandez, Barbara) Modified text on 3/14/2025 (scn) |
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| Friday, March 07, 2025 | ||
| 9 | 9
order
- Order (PAPERLESS or pdf attached)
Fri 03/07 2:13 PM
PAPERLESS ORDER on8 Defendant's Motion to Quash Service of Process ("Motion"). The Motion seeks to quash Plaintiff's purported service upon Defendant as improper under Federal Rule of Civil Procedure 4. The Motion avers that Plaintiff served an individual, Nevena Georgiev, who is not an officer, director, agent, or employee of Defendant and is therefore not authorized to accept service on behalf of Defendant under Federal Rule 4(h) or under Florida law pursuant to Federal Rule 4(e). See generally Mot. When "a defendant challenges service of process, the plaintiff bears the burden of establishing its validity." Fitzpatrick v. Bank of New York Mellon , 580 F. App'x 690, 694 (11th Cir. 2014) (citing Aetna Bus. Credit, Inc. v. Universal Decor & Interior Design, Inc. , 635 F.2d 434, 435 (5th Cir. 1981)). "A defendant's actual notice is not sufficient to cure defectively executed service." Albra v. Advan, Inc. , 490 F.3d 826, 829 (11th Cir. 2007). Then, "[i]f the plaintiff can establish that service was proper, the burden shifts to the defendant to bring strong and convincing evidence of insufficient process." Cadot v. Miami-Dade Fire Rescue Logistics Div. , No. 13-23767 CIV, 2014 WL 1274133, at *1 (S.D. Fla. Mar. 27, 2014) (citations omitted). If Plaintiff maintains that service was proper, Plaintiff may file a response to Defendant's Motion on or before March 14, 2025 . If Plaintiff files a response, Defendant may file a reply no later than three (3) days later. The Court reminds Plaintiff that the deadline to perfect service upon Defendant is March 31, 2025 . See [ECF No. 6]. Signed by Judge Rodolfo A. Ruiz, II on 3/7/2025. (jgz) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 03/07 2:48 PM
Set Deadlines per DE#9 as to8 MOTION to Quash Service of Process . Responses due by 3/14/2025. Replies due by 3/31/2025. (scn) |
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| Thursday, March 06, 2025 | ||
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motion
Quash
Thu 03/06 4:12 PM
MOTION to Quash Service of Process by ALL WAYS AUTO TRANSPORT, LLC. Attorney Joseph Brien added to party ALL WAYS AUTO TRANSPORT, LLC(pty:dft). (Brien, Joseph) |
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| Monday, February 17, 2025 | ||
| 7 | 7
notice
Notice (Other)
Mon 02/17 2:49 PM
Plaintiff's NOTICE of Filing Affidavit of Service on a Corporation by RYDER TRUCK RENTAL, INC re1 Complaint, 6 Administrative Order,,,,,,, Terminate Motions,,,,,, (Fernandez, Barbara) |
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Att: 1
Exhibit A - Affidavit of Service of Process
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| Saturday, February 08, 2025 | ||
| 6 | 6
order
Administrative Order ~Util - Terminate Motions
Sat 02/08 6:53 PM
PAPERLESS ORDER granting5 Plaintiff's Motion for Extension of Time to Complete Service ("Motion"). On December 26, 2024, the Court issued an Order to Perfect Service, [ECF No. 4], requiring Plaintiff to perfect service upon Defendant All Ways Auto Transport, LLC ("All Ways") on or before February 20, 2025. The Motion indicates that despite reasonable efforts, Plaintiff has to date been unable to perfect service upon Defendant All Ways. See Mot. at 3. The Motion seeks an extension through March 31, 2025, to serve Defendant All Ways. See id. at 5. Having carefully reviewed the Motion and being otherwise fully advised, it is hereby ORDERED AND ADJUDGED that Plaintiff's Motion, [ECF No. 5], is GRANTED . Plaintiff shall perfect service of process upon Defendant All Ways on or before March 31, 2025 . The Clerk is directed to CLOSE the case for administrative purposes only. While the case is administratively closed, Plaintiff is still bound by this Order and shall serve Defendant All Ways on or before March 31, 2025 , or show good cause for its failure to do so. Failure to comply with this Order will result in a dismissal of this case without prejudice and without further notice. Once Plaintiff has perfected service of process upon Defendant All Ways, the Court will reopen the case and restore the matter to the Court's active docket. When the case is reopened, the Court will instruct the parties on the deadlines for responsive pleadings and a Joint Scheduling Report. Signed by Judge Rodolfo A. Ruiz, II on 2/8/2025. (jgz) |
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| Friday, February 07, 2025 | ||
| 5 | 5
motion
Extension of Time
Fri 02/07 3:27 PM
Plaintiff's MOTION for Extension of Time to Complete Service on Defendant, All Ways Auto Transport LLC re4 Order by RYDER TRUCK RENTAL, INC. Responses due by 2/21/2025.(Fernandez, Barbara) |
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Att: 1
Text of Proposed Order
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| Thursday, December 26, 2024 | ||
| 4 | 4
order
- Order (PAPERLESS or pdf attached)
Thu 12/26 11:27 AM
ORDER TO PERFECT SERVICE. Signed by Judge Rodolfo A. Ruiz, II on 12/26/2024. See attached document for full details. (jgz) |
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| Monday, November 25, 2024 | ||
| 3 | 3
service
Summons Issued
Mon 11/25 8:12 AM
Summons Issued as to ALL WAYS AUTO TRANSPORT, LLC. (wce) |
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| Friday, November 22, 2024 | ||
| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 11/25 8:10 AM
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (wce) |
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| 1 | 1
10
pgs
cmp
Complaint
Fri 11/22 5:28 PM
COMPLAINT against ALL WAYS AUTO TRANSPORT, LLC, an Illinois limited liability company. Filing fees $ 405.00 receipt number AFLSDC-18006441, filed by RYDER TRUCK RENTAL, INC. d/b/a RYDER TRANSPORTATION SERVICES, a Florida corporation,.(Fernandez, Barbara) |
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Att: 1
Exhibit 1 - Contract,
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Att: 2
Exhibit 2 - Demand Letter,
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Att: 3
Civil Cover Sheet,
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Att: 4
Summon(s)
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