City of Winter Haven v. Cleveland Indians Baseball Company Limited Partnership

Plaintiff:City of Winter Haven
Defendant:Cleveland Indians Baseball Company Limited Partnership
 
Case Number:8:2009cv00190
Filed:February 5, 2009
 
Court:Florida Middle District Court
Office:Contract: Other Office [ Court Info ]
County:Polk
Presiding Judge:Judge Elizabeth A. Kovachevich
Referring Judge:Magistrate Judge Elizabeth A. Jenkins
 
Nature of Suit:Contract - Other Contract
Cause:Diversity
Jurisdiction:Diversity
Jury Demanded By:28:1442 Notice of Removal-Breach of Contract
Amount Demanded:$100,000.00
Date Filed # Docket Text
February 5, 2009 1 NOTICE OF REMOVAL from in the Tenth Judicial Circuit, in and for Polk County, Florida, case number 53-2008-CA-12521-000 filed in State Court on 12/31/08. Filing fee $350, receipt number T049159 filed by Cleveland Indians Baseball Company Limited Partnership. (Attachments: # 1 Exhibit A-C, # 2 Exhibit Civil Cover Sheet)(LDB) (Entered: February 9, 2009)
February 5, 2009 2 COMPLAINT against Cleveland Indians Baseball Company Limited Partnership with Jury Demand filed in state court on 12/31/08 by City of Winter Haven.(LDB) (Entered: February 9, 2009)
February 9, 2009 3 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by Judge Elizabeth A. Kovachevich on 07/15/08. (LDB) (Entered: February 9, 2009)
February 9, 2009 4 Unopposed MOTION for Extension of Time to File Response/Reply as to 2 Complaint by Cleveland Indians Baseball Company Limited Partnership. (Connor, J.) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: February 9, 2009)
February 11, 2009 5 ENDORSED ORDER granting 4 Motion for Extension of Time to File Response to complaint. Response due by 2/23/2009. Signed by Judge Elizabeth A. Kovachevich on 2/11/2009. (SN) (Entered: February 11, 2009)
February 11, 2009 6 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/23/2009. Signed by Deputy Clerk on 2/11/2009. (CLM) (Entered: 02/11/2009)
February 20, 2009 7 MOTION to dismiss Counts II and III of the Complaint by Cleveland Indians Baseball Company Limited Partnership. (Connor, J.) (Entered: February 20, 2009)
February 20, 2009 8 MEMORANDUM in support re 7 Motion to dismiss filed by Cleveland Indians Baseball Company Limited Partnership. (Connor, J.) (Entered: February 20, 2009)
February 20, 2009 9 NOTICE of Appearance by Neal L. O'Toole on behalf of City of Winter Haven (O'Toole, Neal) (Entered: February 20, 2009)
March 2, 2009 10 Unopposed MOTION for leave to file Amended Motion to Dismiss with Supporting Memorandum by Cleveland Indians Baseball Company Limited Partnership. (Attachments: # 1 Main Document Amended Motion to Dismiss with Supporting Memorandum)(Connor, J.) (Entered: March 2, 2009)
March 3, 2009 11 ENDORSED ORDER terminating 7 Motion to dismiss; granting 10 Motion for leave to file amended motion to dismiss. The amended motion shall be filed within 5 days of this date. Signed by Judge Elizabeth A. Kovachevich on 3/3/2009. (SN) (Entered: March 3, 2009)
March 3, 2009 12 Amended MOTION to dismiss Counts II and III of the Complaint by Cleveland Indians Baseball Company Limited Partnership. (Connor, J.) (Entered: March 3, 2009)
March 6, 2009 13 CASE MANAGEMENT REPORT. (Connor, J.) (Entered: March 6, 2009)
March 9, 2009 14 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/1/2009, Joinder of Parties due by 6/1/2009, Discovery due by 9/1/2009, Dispositive motions due by 10/1/2009. A pretrial conference may be scheduled on or after 11/1/09 and a trial may be scheduled on or after 12/1/09. This is a jury trial which is expected to take 24 hours to try. Signed by Judge Elizabeth A. Kovachevich on 3/9/2009. (SN) (Entered: March 9, 2009)
March 17, 2009 15 MOTION to disqualify Peterson & Myers, P.A. by City of Winter Haven. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(O'Toole, Neal) (Entered: March 17, 2009)
March 17, 2009 16 RESPONSE to motion re 12 Amended MOTION to dismiss Counts II and III of the Complaint filed by City of Winter Haven. (O'Toole, Neal) (Entered: March 17, 2009)
March 18, 2009 17 ENDORSED ORDER referring motion to Magistrate Judge: 15 MOTION to disqualify Peterson & Myers, P.A. filed by City of Winter Haven. Signed by Judge Elizabeth A. Kovachevich on 3/18/2009. (SN) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: 03/18/2009)
March 30, 2009 18 Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to disqualify Peterson & Myers, P.A. by Cleveland Indians Baseball Company Limited Partnership. (Connor, J.) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: 03/30/2009)
March 31, 2009 19 ORDER granting 18 Defendant's Motion for Extension of Time. Signed by Magistrate Judge Elizabeth A. Jenkins on 3/31/2009. (RM) (Entered: March 31, 2009)
April 6, 2009 20 RESPONSE to motion re 15 MOTION to disqualify Peterson & Myers, P.A. filed by Cleveland Indians Baseball Company Limited Partnership. (Attachments: # 1 Exhibit "A")(Connor, J.) (Entered: April 6, 2009)
April 17, 2009 21 STIPULATION re 15 MOTION to disqualify Peterson & Myers, P.A. Extending Time for the Parties to Serve Initial Disclosures by Cleveland Indians Baseball Company Limited Partnership. (Connor, J.) (Entered: April 17, 2009)
April 21, 2009 22 ORDER denying 15 Plaintiffs Motion to Disqualify Peterson & Myers, P.A. From Representing Defendant. Signed by Magistrate Judge Elizabeth A. Jenkins on 4/21/2009. (RM) (Entered: April 21, 2009)
April 22, 2009 23 ORDER granting 12 Motion to dismiss as to Plaintiff's Counts II and III. Plaintiff is instructed to file on the breach of contract claim only within five (5) days of this order. Signed by Judge Elizabeth A. Kovachevich on 4/22/2009. (SN) (Entered: April 22, 2009)
April 28, 2009 24 AMENDED COMPLAINT against Cleveland Indians Baseball Company Limited Partnership with Jury Demand filed by City of Winter Haven. (Attachments: # 1 Exhibit A (Composite), # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Crawford, Warren) (Entered: April 28, 2009)
May 5, 2009 25 ANSWER and affirmative defenses to 24 Amended complaint by Cleveland Indians Baseball Company Limited Partnership.(Connor, J.) (Entered: May 5, 2009)
August 11, 2009 26 Case Reassigned to Magistrate Judge Anthony E. Porcelli. New case number: 8:09-cv-190-T-17AEP. Magistrate Judge Elizabeth A. Jenkins no longer assigned to the case. (LDB) (Entered: 08/11/2009)
September 29, 2009 27 STIPULATION of Dismissal With Prejudice by Cleveland Indians Baseball Company Limited Partnership. (Connor, J.) (Entered: September 29, 2009)
September 30, 2009 28 ENDORSED ORDER dismissing case with prejudic re 27 Stipulation of Dismissal. The Clerk of Court is directed to close this case and to terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 9/30/2009. (SN) (Entered: September 30, 2009)
Docket Report Last Checked: November 7, 2009 20:25:34 PST
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Plaintiff: City of Winter Haven
Represented By: Warren Andrew Crawford, Frederick John Murphy, Jr.
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Defendant: Cleveland Indians Baseball Company Limited Partnership
Represented By: J. Davis Connor
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