Bartholomew et al v. Lowe's Companies, Inc.

Justia Dockets & Filings Eleventh Circuit Florida Middle District Bartholomew et al v. Lowe's Companies, Inc.

Bartholomew et al v. Lowe's Companies, Inc.

Plaintiff:	Michael Sherry and Diane Bartholomew
Defendant:	Lowe's Companies, Inc., Lowe, Lowe's Companies, Inc. also known as Lowe's Home Improvement also known as Lowe's Home Centers, LLC doing business as Lowe's and Lowe's Home Centers, LLC also known as Lowe's Home Improvement also known as Lowe's Home Centers, LLC doing business as Lowe's
Case Number:	2:2019cv00695
Filed:	September 20, 2019
Court:	US District Court for the Middle District of Florida
Presiding Judge:	John L Badalamenti
Referring Judge:	Sheri Polster Chappell
2 Judge:	Kyle C Dudek
3 Judge:	Mac R McCoy
Nature of Suit:	Civil Rights: Other
Cause of Action:	29 U.S.C. § 621 Job Discrimination (Age)
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on May 3, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
December 28, 2022	Filing 185 Joint MOTION for Approval of Collective Action Settlement and Incorporated Memorandum of Law by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kynes, Cameron) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 12/28/2022 (JK).
December 22, 2022	Filing 184 ENDORSED ORDER granting #183 Motion to Continue Stay. Given the motion is unopposed, and the Court otherwise finding good cause to avoid the unnecessary expenditure of judicial resources, the stay in this case is extended to 12/28/22. Signed by Magistrate Judge Kyle C. Dudek on 12/22/2022. (Dudek, Kyle)
December 22, 2022	Filing 183 Joint MOTION to Continue Stay for Six Days by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Kyle C. Dudek.
December 16, 2022	Filing 182 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: STATUS CONFERENCE held on 12/16/2022. (DIGITAL) (WRW)
December 16, 2022	Filing 181 ENDORSED ORDER granting #179 Joint Motion to Continue Stay. The stay is extended until December 22, 2022. Signed by Magistrate Judge Kyle C. Dudek on 12/16/2022. (Dudek, Kyle)
December 15, 2022	Filing 180 NOTICE of hearing: Status Conference set for 12/16/2022 at 09:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek (WRW)
December 15, 2022	Filing 179 Joint MOTION to Continue Stay for Seven Days by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Kyle C. Dudek.
December 9, 2022	Filing 178 ENDORSED ORDER granting #177 Joint Motion to Continue Stay. The stay is extended until December 15, 2022. Signed by Judge John L. Badalamenti on 12/9/2022. (WJF)
December 8, 2022	Filing 177 Joint MOTION to Continue Stay for Seven Days by Lowe's Home Centers, LLC. (Kynes, Cameron) Modified text on 12/9/2022 (SEH).
November 15, 2022	Filing 176 ENDORSED ORDER granting #175 Motion to Continue Stay. The stay is extended until December 8, 2022. Signed by Magistrate Judge Kyle C. Dudek on 11/15/2022. (Dudek, Kyle)
November 15, 2022	Filing 175 Joint MOTION to Continue Stay by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 11/16/2022 (SEH).
October 24, 2022	Filing 174 ENDORSED ORDER granting #173 Joint Motion to Continue Stay. The stay is extended until November 17, 2022. Signed by Judge John L. Badalamenti on 10/24/2022. (JHA)
October 24, 2022	Filing 173 Joint MOTION to Continue Stay by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 10/25/2022 (SEH).
October 3, 2022	Filing 172 ENDORSED ORDER granting #171 Motion to Stay. The stay is extended until October 27, 2022. Signed by Judge John L. Badalamenti on 10/3/2022. (JHA)
October 3, 2022	Filing 171 Second MOTION to Stay re 170 Order on Motion to Stay by Lowe's Home Centers, LLC. (Kynes, Cameron)
September 20, 2022	Filing 170 ENDORSED ORDER granting #169 Motion to Stay. The stay is extended until October 6, 2022. Signed by Judge John L. Badalamenti on 9/20/2022. (JHA)
September 20, 2022	Filing 169 Joint MOTION to Continue Stay re 168 Order on Motion to Vacate, Order on Motion to Compel, Order on Motion to Stay by Lowe's Home Centers, LLC. (Kynes, Cameron) Modified as to text on 9/20/2022 (JK).
August 22, 2022	Filing 168 ENDORSED ORDER granting #167 Joint Motion to Stay. Based on the representations of the parties and the Amended Mediator's Report in which the mediator reports a settlement (Docs. 166, 167), the Court finds good cause to STAY this matter and all deadlines for a period of 30 days. Accordingly, the Clerk is DIRECTED to STAY the case and place a stay flag on the file until further order by this Court. The 8/26/22 discovery hearing is adjourned. Additionally, Plaintiffs' Partial Objections to, and Motion to Set Aside, Magistrate's Discovery Order #160 and Plaintiffs' Motion to Compel Responses to Requests for Production Nos. 16, 17, 25 & 26 #161 are DENIED without prejudice as moot, subject to the parties' ability to refile the motions if appropriate. Signed by Judge John L. Badalamenti on 8/22/2022. (JHA)
August 22, 2022	Case Stayed per 168 Order. (JK)
August 19, 2022	Filing 167 Joint MOTION for a Stay of Case Deadlines by Lowe's Home Centers, LLC. (Kynes, Cameron) Modified as to docket text on 8/22/2022 (JK).
August 19, 2022	Filing 166 AMENDED MEDIATION report Hearing held on June 27, 2022. Hearing outcome: Settled in principle. (Quintana, Marlene) Modified as to docket text on 8/19/2022 (JK).
August 18, 2022	Filing 165 ENDORSED ORDER granting #164 Motion for Leave to File Document. On or before 8/25/2022, Defendant may file a response not to exceed ten pages, excluding the case caption and signature block. Signed by Judge John L. Badalamenti on 8/18/2022. (JHA)
August 17, 2022	Filing 164 MOTION for Leave File a response to Plaintiffs' Objections to, and Motion to Set Aside, Magistrate's Discovery Order by Lowe's Home Centers, LLC. (Kynes, Cameron) Modified as to docket text on 8/18/2022 (JK).
August 17, 2022	Filing 163 NOTICE of hearing on motion re #161 MOTION to Compel Responses To Plaintiffs' Second RFP Nos. 16, 17, 25, and 26. Motion Hearing set for 8/26/2022 at 09:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. (CGW)
August 17, 2022	Filing 162 ENDORSED ORDER: Given the approaching discovery cutoff, the Court directs Defendant to file an expedited response to Plaintiff's Motion to Compel (Doc. 161) on or before August 24, 2022. The Court will also set this matter for an in-person hearing on August 26, 2022. A separate hearing notice will follow. Signed by Magistrate Judge Kyle C. Dudek on 8/17/2022. (CGW)
August 16, 2022	Filing 161 MOTION to Compel Responses To Plaintiffs' Second RFP Nos. 16, 17, 25, and 26 by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Green, Michael) Motions referred to Magistrate Judge Kyle C. Dudek.
August 4, 2022	Filing 160 MOTION to Vacate and NOTICE of Partial Objection to #157 ORDER denying 145 Motion to Compel by Diane Bartholomew, Michael Sherry (Attachments: #1 Exhibit 1)(Green, Michael) Modified as to docket text and case event on 8/5/2022 (JK).
August 3, 2022	Filing 159 ENDORSED ORDER granting in part and denying in part #158 Motion for Extension of Time. Given the parties' agreement, and otherwise finding good cause, the Court will extend the deadlines for the parties to disclose their expert reports. Plaintiffs' deadline is moved to 8/29/2022, and Defendant's deadline is moved to 10/3/2022. All other deadlines from the Court's prior schedule order remain in effect, and Plaintiffs' motion is denied to the extent it seeks any further relief. Signed by Magistrate Judge Kyle C. Dudek on 8/3/2022. (Dudek, Kyle)
August 2, 2022	Filing 158 Unopposed MOTION for Extension of Time to File Disclosure of any Expert Report by All Plaintiffs. (Attachments: #1 Exhibit Letter, #2 Exhibit RFPs)(Green, Michael) Motions referred to Magistrate Judge Kyle C. Dudek.
July 21, 2022	Filing 157 ORDER denying #145 Motion to Compel All Lowe's Privilege Log Documents or For In Camera Review. Signed by Magistrate Judge Kyle C. Dudek on 7/21/2022. (Dudek, Kyle)
July 1, 2022	Filing 156 Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:19-cv-695-JLB-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. Motion REFERRED: #145 MOTION to Compel All of Lowe's Privilege Log Documents or for this Court's In Camera Review. Motion referred to Magistrate Judge Kyle C Dudek. (SMG)
June 28, 2022	Filing 155 MEDIATION report Hearing held on 6/27/2022. Hearing outcome: Impasse. (Quintana, Marlene)
June 27, 2022	Filing 154 NOTICE of Filing Consents to Join and Status Report by Diane Bartholomew, Michael Sherry . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Green, Michael) Modified as to docket text on 6/28/2022 (JK).
June 21, 2022	Filing 153 RESPONSE in Opposition re #145 MOTION to Compel All of Lowe's Privilege Log Documents, or, for this Court's In Camera Review filed by Lowe's Home Centers, LLC. (Kynes, Cameron)
June 17, 2022	Filing 152 NOTICE of consent to join by All Plaintiffs Nos. 2168-2184. (Attachments: #1 Consent Forms Nos. 2168-2184, #2 June 14, 2022 Simpluris Report)(Green, Michael)
June 3, 2022	Filing 151 TEXT ORDER granting #149 Motion to Extend Time and Page Limit for Defendant's Response to Plaintiffs' Motion to Compel Production of All Lowe's Privilege Log Documents, or, for this Court's In Camera Review. Due to the nature of the requested relief, the Court finds good cause to rule on the instant motion without awaiting a response from Plaintiffs. The Court also finds good cause to permit Defendant to file a response to Plaintiffs' motion to compel, (Doc. #145), of no more than thirty-two (32) pages, no later than 6/21/2022. Signed by Magistrate Judge Mac R. McCoy on 6/3/2022. (WJF)
June 3, 2022	Filing 150 NOTICE of consent to join by All Plaintiffs Nos. 2028-2176. (Attachments: #1 Consent Forms Nos. 2028-2176)(Green, Michael)
June 1, 2022	Filing 149 MOTION to extend time and page limit for Defendant's Response to Plaintiff's Motion to Compel Production of all Lowe's Privilege Log Documents, or for this Court's In Camera Review by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 6/2/2022, to edit docket text. (SPB).
May 27, 2022	Filing 148 NOTICE of consent to join by All Plaintiffs Nos. 1950-2027. (Attachments: #1 Exhibit (Consent Forms Nos. 1950-2027))(Green, Michael)
May 23, 2022	Filing 145 MOTION to Compel All of Lowe's Privilege Log Documents, or, for this Court's In Camera Review. by Diane Bartholomew, Michael Sherry. (JK) Motions referred to Magistrate Judge Mac R. McCoy.
May 23, 2022	Filing 144 ORDER granting #142 Plaintiffs' Renewed, Corrected Motion to Seal Lowe's Documents (Stamped "Confidential" and "Attorney's Eyes Only"), Exhibits in Support of Their Motion to Compel All Lowe's Privilege Log Documents, or for an In Camera Review. No later than 6/6/2022, Plaintiffs must send or deliver the identified documents, (Doc. 142-1 at 1-6), to the Clerk's Office. The Clerk of Court is directed to file the documents under seal upon receipt, with an appropriate notation on the docket reflecting that any exhibits produced in Microsoft Excel formats are maintained under seal in the physical file. The Clerk of Court is also directed to (1) file Plaintiffs' Brief in Support of Their Motion to Compel, (Doc. 142-1 at 87), as a sealed motion and (2) link the remaining sealed documents, (Doc. 142-1 at 1-86), to Plaintiffs' Brief in Support of Their Motion to Compel, (Doc. 142-1 at 87), and include an appropriate docket notation that the exhibits are linked to the motion. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 5/23/2022. (WJF)
May 23, 2022	Filing 143 TEXT ORDER denying as moot #141 Plaintiffs' Renewed Motion to Seal Lowe's Documents (Stamped "Confidential" and "Attorney's Eyes Only"), Exhibits in Support of Their Motion to Compel All Lowe's Privilege Log Documents, or for an In Camera Review in light of Plaintiffs' Renewed, Corrected Motion to Seal Lowe's Documents (Stamped "Confidential" and "Attorney's Eyes Only"), Exhibits in Support of Their Motion to Compel All Lowe's Privilege Log Documents, or for an In Camera Review, (Doc. #142), in which Plaintiffs seek identical relief. Signed by Magistrate Judge Mac R. McCoy on 5/23/2022. (WJF)
May 20, 2022	Filing 142 Third MOTION to Seal Exhibits to Brief and Brief In Support of Pls.' Motion To Compel All Lowe's Privilege Log Documents pursuant to Doc. 75, 140 Corrected Exhibit List by All Plaintiffs. (Attachments: #1 Exhibit Corrected Exhibit List In Support Of Plaintiffs' Motion To Compel)(Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
May 20, 2022	Filing 141 Second MOTION to Seal Exhibits to Brief and Brief In Support of Pls.' Motion To Compel All Lowe's Privilege Log Documents pursuant to Doc. 75, Doc. 140 by All Plaintiffs. (Attachments: #1 Exhibit List In Support Of Plaintiffs' Motion To Compel)(Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
May 19, 2022	Filing 140 TEXT ORDER denying without prejudice #138 Plaintiffs' Motion to Seal Lowe's Documents (Stamped "Confidential" and "Attorney's Eyes Only"), Exhibits in Support of Their Motion to Compel All Lowe's Privilege Log Documents, or for an In Camera Review for failure to comply with M.D. Fla. R. 3.01(g). Plaintiffs may renew their motion in full compliance with the Court's local rules. Signed by Magistrate Judge Mac R. McCoy on 5/19/2022. (WJF)
May 19, 2022	Filing 139 TEXT ORDER granting #137 Plaintiffs' Motion for Leave of Court to Allow Additional Pages for Their Brief in Support of Their Motion to Compel All Lowe's Privilege Log Documents, or, for this Court's In Camera Review. Due to the nature of the requested relief, the Court finds good cause to rule on the instant motion without awaiting a response from Defendant. Additionally, the Court finds good cause to permit Plaintiffs to exceed the Court's motion page limit. Thus, Plaintiffs' may file a motion to compel of no more than 38 pages. Signed by Magistrate Judge Mac R. McCoy on 5/19/2022. (WJF)
May 16, 2022	Filing 138 MOTION to Seal Exhibits In Support of Motion To Compel All Lowe's Privilege Log Documents pursuant to (Doc. 75) by All Plaintiffs. (Attachments: #1 Plaintiff's Exhibit List For Brief in Support of its Motion to Compel)(Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 5/17/2022 to modify docket text(jmc).
May 16, 2022	Filing 137 MOTION to File Excess Pages (Leave To File Twelve Additional Pages in Their Brief In Support of Motion To Compel All Privilege Log Documents by Diane Bartholomew, Michael Sherry. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
May 9, 2022	Filing 136 NOTICE of mediation conference/hearing to be held on 6/27/2022 at 10:00 am before Marlene Quintana.(Green, Michael)
April 29, 2022	Filing 135 NOTICE of consent to join by All Plaintiffs Nos. 681-1949. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Green, Michael)
April 15, 2022	Filing 134 NOTICE of consent to join by Diane Bartholomew, Michael Sherry . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Green, Michael)
March 30, 2022	Filing 133 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Plaintiff disclosure of expert report due by 8/8/2022; Defendant disclosure of expert report due by 9/12/2022; Discovery due by 10/7/2022; Conduct mediation hearing by 10/21/2022 (Lead counsel to coordinate dates); Motion to decertify collective due by 11/8/2022; Dispositive motions due by 11/8/2022; Final Pretrial meeting by 1/30/2023; Joint Final Pretrial statement due by 2/14/2023; All other motions due by 2/14/2023; Final Pretrial Conference set for 2/24/2023 at 01:30 PM before Judge John L. Badalamenti; and Jury Trial term set for 3/1/2023 before Judge John L. Badalamenti. Signed by Magistrate Judge Mac R. McCoy on 3/30/2022. (FN)
March 30, 2022	Filing 132 TEXT ORDER granting in part and denying in part #131 Joint Motion to Extend All Scheduling Order Deadlines. The Court finds good cause to extend the remaining case management deadlines, beginning with the deadline for Plaintiff's disclosure of any expert reports, by a period of 120 days. Accordingly, the Clerk of Court is directed to enter a Second Amended Case Management and Scheduling Order extending the remaining case management deadlines, by a period of at least 120 days, subject to the Court's trial calendar. All other provisions of the Court's prior scheduling orders shall remain in effect. The parties' motion is denied to the extent it seeks any greater or different relief. Signed by Magistrate Judge Mac R. McCoy on 3/30/2022. (WJF)
March 25, 2022	Filing 131 Joint MOTION for Extension of Time to Complete Discovery and Extend Scheduling Order Deadlines re #118 by Diane Bartholomew, Michael Sherry. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 3/25/2022 (jmc).
March 2, 2022	Filing 130 NOTICE of mediation conference/hearing to be held on 6/9/2022 at 10:00 am before Marlene Quintana. (Green, Michael)
January 24, 2022	Filing 129 ORDER approving notice [128-1]. See order for details. Signed by Judge John L. Badalamenti on 1/24/2022. (JHA)
January 7, 2022	Filing 128 NOTICE by Diane Bartholomew, Michael Sherry re #127 Order on Motion for Miscellaneous Relief (Attachments: #1 Exhibit 1)(Green, Michael)
December 21, 2021	Filing 127 ORDER denying #122 Motion ; denying #123 Motion. Signed by Judge John L. Badalamenti on 12/21/2021. (JHA)
September 27, 2021	Filing 126 REPLY to Response to Motion re #123 MOTION to Approve Notice To Putative Members of Collective Action filed by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit A - Slater, #2 Exhibit B - Sherry, #3 Exhibit C - Bartholomew, #4 Exhibit D - Easterling, #5 Exhibit E - Pelton)(Kynes, Cameron) Modified as to docket text on 9/28/2021 (JK).
September 20, 2021	Filing 125 RESPONSE in Opposition re #123 MOTION for Miscellaneous Relief, specifically Plaintiffs' Response In Opposition to Lowe's Brief filed by Diane Bartholomew, Michael Sherry. (Green, Michael)
September 13, 2021	Filing 124 TEXT ORDER granting in part #122 Plaintiffs' Motion to Approve Their Proposed Notice & Motion for Leave to File a Response to Lowe's Brief. On or before 9/20/2021, Plaintiffs may respond to Defendant's brief. In the interest of fairness, Defendant may reply to Plaintiffs' response on or before 9/27/2021. Neither filing may exceed five (5) pages, excluding the case caption and signature block. The parties' requests otherwise remain under advisement. (Docs. 122, 123.) The Court is not inclined to entertain additional briefing on this matter absent compelling circumstances. Nevertheless, the Court applauds and encourages the parties to continue to amicably resolve any disputes about the proposed notice and to reach a mutually agreeable proposal for the Court's consideration. Signed by Judge John L. Badalamenti on 9/13/2021. (NM)
September 10, 2021	Filing 123 MOTION to Approve Notice re #116 Order on Motion to Certify Class (Defendant's Supplemental Briefing Re Proposed Notice) filed by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kynes, Cameron) Modified as to docket text per lc/NM on 9/14/2021 (JK).
September 10, 2021	Filing 122 PLAINTIFF'S MOTION to Approve Proposed Notice and MOTION for Leave to File a Response to Brief re 120 Order on Motion for Extension of Time to File, #118 Case Management / FLSA / ADA / Social Security / Scheduling Order Terminate Deadlines and Hearings Supplemental Briefing filed by Diane Bartholomew, Michael Sherry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Green, Michael) Modified as to docket text per lc/NM on 9/14/2021 (JK).
September 8, 2021	Filing 121 ORDER granting in part and denying in part #104 Plaintiffs' Motion for Show Cause Order and to Unseal Documents, which the Court construes as a motion to challenge the confidentiality designations of certain documents. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 9/8/2021. (WJF)
August 31, 2021	Filing 120 ENDORSED ORDER granting #119 Plaintiffs' Unopposed Motion for Extension of Time Concerning the Deadline for Supplemental Briefing. The case management deadline for the parties to file supplemental briefing is extended to 9/10/2021. All other provisions of the Court's Amended Case Management and Scheduling Order (Doc. #118) shall remain in effect. Signed by Magistrate Judge Mac R. McCoy on 8/31/2021. (WJF)
August 31, 2021	Filing 119 Unopposed MOTION for Extension of Time to File Supplemental Briefing by Diane Bartholomew, Michael Sherry. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
August 30, 2021	Filing 118 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: ( Plaintiff disclosure of expert report due by 4/7/2022. Defendant disclosure of expert report due by 5/11/2022. Discovery due by 6/7/2022. Dispositive motions due by 7/8/2022. Pretrial statement due by 10/14/2022. Final Pretrial Conference set for 10/28/2022 at 01:30 PM in Ft. Myers Courtroom 6B before Judge John L. Badalamenti. Trial term set for 11/2/2022 at 09:00 AM in Ft. Myers Courtroom 6B before Judge John L. Badalamenti.) Signed by Judge John L. Badalamenti on 8/30/2021. (JGG)
August 27, 2021	Filing 117 Amended CASE MANAGEMENT REPORT. (Kynes, Cameron) Modified as to docket text on 8/30/2021 (JK).
August 13, 2021	Filing 116 ORDER granting in part and denying in part #82 Motion to Certify Class. Signed by Judge John L. Badalamenti on 8/13/2021. (JHA)
April 29, 2021	Filing 115 NOTICE of change of address by Michael George Green, II (Green, Michael)
March 3, 2021	Filing 114 TEXT ORDER granting #113 Joint Motion to Suspend Scheduling Order. Based on the parties' representations, the Court finds good cause to hold the remaining Scheduling Order deadlines in this case (see Doc. #40) in abeyance until the Court resolves Plaintiffs' Motion for Conditional Class Certification (Doc. #82). The parties are DIRECTED to file an amended Case Management Report with proposed deadlines for the Court's consideration no later than fourteen (14) days from the date of the Court's resolution of Plaintiffs' Motion for Conditional Class Certification. Signed by Judge John L. Badalamenti on 3/3/2021. (NM)
March 2, 2021	Filing 113 Joint MOTION to Stay re #40 Case Management / FLSA / ADA / Social Security / Scheduling Order "Joint Motion to Suspend Scheduling Order" by Lowe's Home Centers, LLC. (Kynes, Cameron)
January 19, 2021	Filing 112 REPLY to Response to Motion re #110 Unopposed MOTION for Extension of Time to File Response/Reply as to #109 Response to motion, #104 MOTION for Order to Show Cause filed by Diane Bartholomew, Michael Sherry. (Green, Michael)
January 15, 2021	Filing 111 ENDORSED ORDER granting #110 Plaintiffs' Unopposed Motion for Extension of Time to File a Reply in Support of Their Motion for a Show Cause Order and to Unseal Documents. No later than 1/19/2021, Plaintiffs may file a reply in further support of Plaintiffs' Motion for Show Cause Order and to Unseal Documents (Doc. #104) of no more than 5 pages. Signed by Magistrate Judge Mac R. McCoy on 1/15/2021. (WJF)
January 15, 2021	Filing 110 Unopposed MOTION for Extension of Time to File Response/Reply as to #109 Response to motion, #104 MOTION for Order to Show Cause by All Plaintiffs. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
January 8, 2021	Filing 109 RESPONSE to Motion re #104 MOTION for Order to Show Cause filed by Lowe's Home Centers, LLC. (Kynes, Cameron)
December 22, 2020	Filing 108 ENDORSED ORDER granting #107 Unopposed Motion to Extend Time for Defendant's Response to Plaintiffs' Motion for Show Cause Order and to Unseal Documents. Defendant must file a response to Plaintiffs' Motion for Show Cause Order and to Unseal Documents (Doc. #104) no later than 1/8/2021. Signed by Magistrate Judge Mac R. McCoy on 12/22/2020. (WJF)
December 22, 2020	Filing 107 Unopposed MOTION for Extension of Time to File Response/Reply as to #104 MOTION for Order to Show Cause by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
December 14, 2020	Filing 106 ENDORSED ORDER granting #105 Plaintiffs' Unopposed Motion to Remove Doc. 104-1 and to Replace it with Corrected Exhibit and for Leave to File Corrected Exhibit. The Clerk of Court is directed to delete and replace Doc. 104-1 with Doc. 105-1 and to add a notation to the docket text stating that the exhibit was corrected pursuant to this Order. Signed by Magistrate Judge Mac R. McCoy on 12/14/2020. (WJF)
December 14, 2020	Filing 105 Unopposed MOTION for Miscellaneous Relief, specifically remove and replace Doc. 104-1 and for leave to file corrected exhibit by Diane Bartholomew, Michael Sherry. (Attachments: #1 Exhibit A)(Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
December 11, 2020	Filing 104 MOTION for Order to Show Cause by Diane Bartholomew, Michael Sherry. (Attachments: # 1 Exhibit 1 - #3 Exhibit 1)corrected pursuant to 106 Order, #2 Exhibit 2)(Green, Michael)
December 11, 2020	Filing 103 REPLY to Response to Motion re #82 MOTION to Certify Class and Facilitate Notice filed by Diane Bartholomew, Michael Sherry. (Green, Michael)
December 7, 2020	Filing 102 ENDORSED ORDER granting #101 Plaintiffs' Unopposed Motion for Extension of Time to File a Reply in Support of Their Motion for Conditional Class Certification and Motion to Facilitate Notice. Plaintiffs may file a reply in further support of their motion for conditional class certification and to facilitate notice (Doc. #82) of no more than 15 pages no later than 12/11/2020. Signed by Magistrate Judge Mac R. McCoy on 12/07/2020. (WJF)
December 7, 2020	Filing 101 Unopposed MOTION for Extension of Time to File Response/Reply as to #96 Response in Opposition to Motion by All Plaintiffs. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
December 1, 2020	Sealed Document (S-100) (MLS)
November 20, 2020	Filing 99 ORDER granting #95 Defendant's Unopposed Motion for Leave to File Exhibits Subject to Agreed Protective Order Under Seal. No later than 12/04/2020, Defendant must send or deliver Exhibits A - L to Declaration of C. Kynes to the Clerk's Office in an envelope bearing the caption of the case and stating on the cover that the exhibits are to be filed under seal pursuant to this Order. Defendant must provide a copy of this Order with the sealed exhibits. If possible, Defendant must also provide a computer disc (CD or DVD) containing the exhibits in PDF file format for ease of electronic filing by the Clerk's Office. The Clerk of Court is directed to file the exhibits under seal upon receipt. The Clerk of Court is also directed to link the sealed exhibits to the Defendant Lowe's Home Centers, LLC's Opposition to Plaintiffs' Motion for Conditional Class Certification and Motion to Facilitate Notice Under 216(b) and Rule 23 (Doc. #96) on the docket. The Clerk of Court is directed to maintain the exhibits under seal until further court order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 11/20/2020. (WJF)
November 20, 2020	Filing 98 ENDORSED ORDER granting #97 Plaintiffs' Unopposed Motion for Leave to File a Reply in Support of Their Motion for Conditional Class Certification and Motion to Facilitate Notice. Plaintiffs may file a reply in further support of their motion for conditional class certification and to facilitate notice (Doc. #82) of no more than 15 pages no later than 12/07/2020. Signed by Magistrate Judge Mac R. McCoy on 11/20/2020. (WJF)
November 17, 2020	Filing 97 Unopposed MOTION for Leave to File Other Document :REPLY in Support of #82 Motion for Conditional Class Certification and Motion to Facilitate Notice by Diane Bartholomew, Michael Sherry. (Green, Michael)
November 12, 2020	Filing 96 RESPONSE in Opposition re #82 MOTION to Certify Class filed by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit Notice of Filing ISO Opposition, #2 Exhibit Declaration of Clark Moore, #3 Exhibit Declaration of Billy Barnes, #4 Exhibit Declaration of Cameron G. Kynes)(Kynes, Cameron)
November 12, 2020	Filing 95 Unopposed MOTION for Leave to File Other Document :Sealed Exhibits "Defendant's Unopposed Motion for Leave to File Exhibits Subject to Agreed Protective Order Under Seal" by Lowe's Home Centers, LLC. (Kynes, Cameron)
November 9, 2020	Filing 94 ENDORSED ORDER granting #93 Unopposed Motion to Increase Page Limit for Defendant's Opposition to Plaintiffs' Motion for Conditional Class Certification and Motion to Facilitate Notice. On or before 11/19/2020, Defendant may file a response brief not to exceed thirty (30) pages, excluding the case caption and signature block. Signed by Judge John L. Badalamenti on 11/9/2020. (NM)
November 6, 2020	Filing 93 Unopposed MOTION to File Excess Pages for Defendant's Opposition to Plaintiffs' re #82 Motion for Conditional Class Certification and Motion to Facilitate Notice by Lowe's Home Centers, LLC. (Kynes, Cameron)
November 5, 2020	Sealed Document (S92) (MLS)
November 1, 2020	Filing 91 ENDORSED ORDER granting #89 Plaintiffs' Unopposed Motion for Leave to File an Amended Memorandum in Support of Their Motion for Conditional Class Certification and Motion to Facilitate Notice, and Motion to Seal the Amended Memorandum. Plaintiffs must file their amended memorandum no later than 11/6/2020. The amended memorandum may not exceed 27 pages. Moreover, the Court finds good cause to permit Plaintiffs to file the amended memorandum under seal. Plaintiffs are directed to follow the procedures set forth in the Court's Order dated 10/14/2020 (Doc. #85) for submitting the amended memorandum to the Clerk of Court for filing under seal. Upon receipt of the amended memorandum in appropriate format, the Clerk of Court is directed to file it under seal as a new docket entry, to link the filing to the pending motion for conditional class certification (Doc. #82), and to include an appropriate notation in the docket text reflecting that the amended memorandum amends the original memorandum (Doc. 82-1). Signed by Magistrate Judge Mac R. McCoy on 11/1/2020. (McCoy, Mac)
October 26, 2020	Sealed Document (S-90) (MLS)
October 26, 2020	Filing 89 Unopposed MOTION to Amend #82 MOTION to Certify Class Memorandum In Support by All Plaintiffs. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
October 20, 2020	Filing 88 AMENDED ANSWER and Defenses to #49 Amended Complaint by Lowe's Home Centers, LLC. (Kynes, Cameron)
October 16, 2020	Filing 87 ENDORSED ORDER granting #86 Unopposed Motion to Extend Time and Page Limit for Defendant's Response to Plaintiffs' Motion for Conditional Class Certification. Defendant must respond to the Motion for Conditional Class Certification (Doc. #82) no later than 11/12/2020. Defendant's response may not exceed 25 pages. Signed by Magistrate Judge Mac R. McCoy on 10/16/2020. (McCoy, Mac)
October 16, 2020	Filing 86 Unopposed MOTION for Extension of Time to File Defendant's Response to Plaintiffs' #82 Motion for Conditional Class Certificiation ; Unopposed MOTION for Miscellaneous Relief, specifically to increase response page limit to 25 pages by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
October 14, 2020	Filing 85 ORDER granting #83 Plaintiffs' Motion for Leave to File Exhibits Subject to the Protective Order Under Seal and In Camera. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 10/14/2020. (NM)
October 13, 2020	Filing 84 ORDERED: The Report and Recommendations #81 is ADOPTED. Plaintiffs' Motion To Strike Certain Affirmative Defenses #65 is granted in part and denied in part. Plaintiff's motion is GRANTED as to Affirmative Defenses Nos. 2 and 9, and those defense are STRICKEN WITHOUT PREJUDICE; (b) Plaintiffs' motion is DENIED as to Affirmative Defense Nos. 1, 10, 11, 12, 13, and 14, and the Court instead will construe those defenses as denials; and (c) Plaintiffs' motion is DENIED as to Affirmative Defenses Nos. 4, 6 and 8. Defendant is granted leave to amend Affirmative Defenses Nos. 2 and 9. Should Defendant choose to amend said Affirmative Defenses, its amended answer must be filed no later than 10/20/2020. Signed by Judge John L. Badalamenti on 10/13/2020. (SMG)
October 10, 2020	Filing 83 MOTION for Leave to File Other Document :Exhibits Under Seal And In Camera by All Plaintiffs. (Green, Michael)
October 10, 2020	Filing 82 MOTION to Certify Class by All Plaintiffs. (Attachments: #1 Supplement "Under Seal"- Brief In Support of Motion)(Green, Michael)
September 15, 2020	Filing 81 REPORT AND RECOMMENDATION recommending that Plaintiffs' Motion to Strike Certain Affirmative Defenses (Doc. #65) be GRANTED IN PART and DENIED IN PART and that the Court allow Defendant leave to amend certain affirmative defenses and require Defendant to file an Amended Answer by a date certain. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 9/15/2020. (NM)
September 1, 2020	Filing 80 ENDORSED ORDER granting #79 Joint Motion for Extension of Time to Extend Deadline to Amend Pleadings. The deadline to add parties or amend the pleadings is extended to 10/1/2020. All other dates in the Court's prior scheduling orders remain the same. Signed by Magistrate Judge Mac R. McCoy on 9/1/2020. (NM)
August 31, 2020	Filing 79 Joint MOTION for Extension of Time to Extend Deadline to Amend re 67 Order on Motion for Extension of Time to Amend, 77 Order on Motion for Extension of Time to Amend by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
July 30, 2020	Filing 78 NOTICE OF RESCHEDULING HEARING (presiding judge): Final Pretrial Conference set for 9/24/2021 at 1:30 PM in Ft. Myers Courtroom 6B before Judge John L. Badalamenti, Trial term commencing 10/4/2021 at 9:00 AM in Ft. Myers Courtroom 6B before Judge John L. Badalamenti (previously set before Judge Sheri Polster Chappell). (SMG)
July 2, 2020	Filing 77 ENDORSED ORDER granting #76 Plaintiff's Consent Motion to Extend the Court's Deadlines to Add Parties or to Amend the Pleadings, and the Deadline for the Motion for Class Certification. The deadline to add parties or to amend the pleadings is extended to 9/1/2020. The deadline for motions for class certification is extended to 10/10/2020. All other dates in the Court's prior scheduling orders remain the same. Signed by Magistrate Judge Mac R. McCoy on 7/2/2020. (NM)
July 1, 2020	Filing 76 Consent MOTION for Extension of Time to Amend re #40 Case management and scheduling order, 67 Order on Motion for Extension of Time to Amend by Diane Bartholomew, Michael Sherry. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
June 23, 2020	Filing 75 AGREED PROTECTIVE ORDER. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/23/2020. (McCoy, Mac)
June 23, 2020	Filing 74 ENDORSED ORDER granting #73 Joint Motion for Entry of Agreed Protective Order. The Court will enter the Agreed Protective Order as a separate docket entry. Signed by Magistrate Judge Mac R. McCoy on 6/23/2020. (McCoy, Mac)
June 23, 2020	Filing 73 Joint MOTION for Protective Order (Agreed) by Lowe's Home Centers, LLC. (Attachments: #1 Text of Proposed Order)(Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
June 16, 2020	Filing 72 Case Reassigned to John L. Badalamenti. New case number: 2:19-cv-695-FtM-66MRM. Judge Sheri Polster Chappell no longer assigned to the case. (laf)
June 1, 2020	Filing 71 RESPONSE in Opposition re #65 MOTION to Strike Certain Affirmative Defenses filed by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit A)(Kynes, Cameron)
May 28, 2020	Filing 70 NOTICE of compliance re #65 MOTION to Strike Certain Affirmative Defenses by Diane Bartholomew, Michael Sherry (Green, Michael)
May 26, 2020	Filing 69 ENDORSED ORDER granting #68 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion to Strike Affirmative Defenses. Defendant must respond to the Motion to Strike (Doc. #65) on or before 6/1/2020. Signed by Magistrate Judge Mac R. McCoy on 5/26/2020. (NM)
May 22, 2020	Filing 68 MOTION for Extension of Time to File Response/Reply as to #65 MOTION to Strike Certain Affirmative Defenses by Lowe's Home Centers, LLC. (Kynes, Cameron)
May 18, 2020	Filing 67 ENDORSED ORDER granting #66 Plaintiffs' Unopposed Motion to Extend the Court's Deadline to Add Parties or to Amend the Pleadings. The deadline for motions to add parties or to amend pleadings is extended to 7/1/2020. All other deadlines set forth in the Court's prior scheduling orders remain in effect. Signed by Magistrate Judge Mac R. McCoy on 5/18/2020. (McCoy, Mac)
May 18, 2020	Filing 66 Unopposed MOTION for Extension of Time to Amend re #40 Case management and scheduling order by All Plaintiffs. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
May 11, 2020	Filing 65 MOTION to Strike Certain Affirmative Defenses by Diane Bartholomew. (Green, Michael)
April 20, 2020	Filing 64 ANSWER and affirmative defenses to #49 Amended Complaint by Lowe's Home Centers, LLC.(Kynes, Cameron)
April 6, 2020	Filing 63 ORDERED: Defendant's Motion to Dismiss Counts II and III of Plaintiffs' Amended Complaint (Doc. #54) is DENIED. Defendant must ANSWER the Amended Complaint (Doc. #49) on or before April 20, 2020. Signed by Judge Sheri Polster Chappell on 4/6/2020. (AEH)
March 30, 2020	Filing 62 REPLY to Response to Motion re #54 MOTION to Dismiss Counts II and III of Plaintiffs' Amended Complaint and Incorporated Memorandum of Law filed by Lowe's Home Centers, LLC. (Kynes, Cameron)
March 20, 2020	Filing 61 ENDORSED ORDER granting in part Defendant's Motion for Leave to File a Reply. (Doc. #60). Plaintiffs do not oppose the relief requested. While the Court will grant the reply, it only allows five pages rather than the ten requested. Thus, Defendant may file a reply brief, not to exceed five (5) pages in length, on or before March 30, 2020. Signed by Judge Sheri Polster Chappell on 3/20/2020. (KRH)
March 20, 2020	Filing 60 MOTION for Leave to File Other Document: Reply to #57 Plaintiffs' Response in Opposition to #54 Defendant's Motion to Dismiss Counts II and III of Plaintiffs' Amended Complaint by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 3/23/2020 to correct docket text (MLS).
March 18, 2020	Filing 59 ENDORSED ORDER denying without prejudice Defendant's Motion for Leave to File a Reply (Doc. #58). Reply briefs are not granted as a matter of course when (as here) a party makes the conclusory statement it wants to present rebuttal argument. "The purpose of a reply brief is to rebut any new law or facts" raised in the response. Tardif v. People for Ethical Treatment of Animals, No. 2:09-cv-537-FtM-29SPC, 2011 WL 2729145, at 2 (M.D. Fla. July 13, 2011). Defendant fails to point to any new law or fact raised in Plaintiff's Response in Opposition (Doc. #57) that requires a reply. See Gian Biologics, LLC v. CellMedix Holdings, LLC, No. 2:15-cv-645-FtM-99CM, 2016 WL 9525229, at 1 (M.D. Fla. Oct. 5, 2016). Likewise, motions for a reply brief must show good cause and how a reply will aid the Court in resolving the motion. Fiddler's Creek, LLC v. Naples Lending Grp. LC, LLC, No. 2:14-cv-379-FtM-29CM, 2015 WL 4470093, at *2 (M.D. Fla. July 21, 2015). The Motion does neither. For those reasons, the Motion is denied without prejudice. Signed by Judge Sheri Polster Chappell on 3/18/2020. (KRH)
March 18, 2020	Filing 58 MOTION for Leave to File Other Document :Reply to Plaintiffs' Response in Opposition to Defendant's Motion to Dismiss Counts II and III of Plaintiffs' Amended Complaint by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
March 12, 2020	Filing 57 RESPONSE in Opposition re #54 MOTION to Dismiss Counts II and III of Plaintiffs' Amended Complaint and Incorporated Memorandum of Law filed by Diane Bartholomew, Michael Sherry. (Green, Michael)
March 3, 2020	Filing 56 ENDORSED ORDER granting #55 Plaintiffs' Unopposed Motion to Extend the Court's Deadline to Respond to Defendant's Motion to Dismiss. Plaintiffs must respond to Defendant's Motion to Dismiss (Doc. #54) on or before 3/12/2020. Signed by Magistrate Judge Mac R. McCoy on 3/3/2020. (NM)
February 28, 2020	Filing 55 Unopposed MOTION for Extension of Time to File Response/Reply as to #54 MOTION to Dismiss Counts II and III of Plaintiffs' Amended Complaint and Incorporated Memorandum of Law by Diane Bartholomew, Michael Sherry. (Green, Michael)
February 18, 2020	Filing 54 MOTION to Dismiss Counts II and III of Plaintiffs' Amended Complaint and Incorporated Memorandum of Law by Lowe's Home Centers, LLC. (Kynes, Cameron)
February 12, 2020	Filing 53 ENDORSED ORDER granting #51 Plaintiffs' Amended, Unopposed Motion to Extend the Court's Deadline to Add Parties or to Amend the Pleadings. The Court finds just cause to extend the deadline for Motions to Add Parties or to Amend the Pleadings. The parties must file any such motion on or before 5/17/2020. All other deadlines in the Case Management and Scheduling Order (Doc. #40) remain the same. Signed by Magistrate Judge Mac R. McCoy on 2/12/2020. (NM)
February 12, 2020	Filing 52 TEXT ORDER denying #48 Plaintiffs' Motion to Extend the Court's Deadline to Add Parties or to Amend the Pleadings as moot in light of Plaintiffs' Amended, Unopposed Motion (Doc. #51). Signed by Magistrate Judge Mac R. McCoy on 2/12/2020. (NM)
February 10, 2020	Filing 51 Unopposed MOTION to extend time to add parties or to amend pleadings by All Plaintiffs. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
February 5, 2020	Filing 50 NOTICE by Michael Sherry re #49 Amended Complaint (Attachments: (Green, Michael) #2 Exhibit D) Modified on 2/6/2020 (RMT).
February 4, 2020	Filing 49 AMENDED COMPLAINT against Lowe's Home Centers, LLC with Jury Demand. filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Green, Michael) Counsel to refile exh D Modified on 2/5/2020 (RMT).
February 4, 2020	Filing 48 MOTION to extend time to add parties or to amend pleadings by All Plaintiffs. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
January 24, 2020	Filing 47 ENDORSED ORDER granting #46 Defendant's Unopposed Motion for Extension of Time to Respond in This Matter. Defendant must respond to Plaintiffs' operative complaint no later than 2/18/2020. Signed by Magistrate Judge Mac R. McCoy on 1/24/2020. (McCoy, Mac)
January 24, 2020	Filing 46 Unopposed MOTION for Extension of Time to File Response/Reply by Lowe's Home Centers, LLC. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
January 21, 2020	Filing 45 ORDERED: Defendant's Motion to Dismiss (Doc. #9) is GRANTED and DENIED in part. Count 2 of the Complaint (Doc. #1) is DISMISSED without prejudice.Plaintiffs' Motion for Substitution (Doc. #18) is GRANTED.Plaintiffs may FILE an amended complaint consistent with this Order, on or before February 4, 2020. Signed by Judge Sheri Polster Chappell on 1/21/2020. (AEH)
January 13, 2020	Filing 44 TEXT ORDER denying without prejudice #43 Plaintiffs' Motion for Partial Relief From the Discovery Stay to Allow for Service of Ten Interrogatories, and, Alternatively, Plaintiff's Motion to Request That the Court Order "Specific Discovery" in the Form of Ten Suggested Interrogatories. The Court has carefully reviewed the arguments in the instant motion (Doc. #43), including the proposed interrogatories (Doc. [43-2]), and the issues raised in Defendant's pending motion to dismiss (Doc. #9). Plaintiffs do not argue that the answers to the proposed interrogatories are necessary for the Court to resolve the motion to dismiss. Moreover, a careful review of the interrogatories themselves reveals that: (1) the answers thereto are not, in point of fact, necessary for the Court to resolve the motion to dismiss; (2) the interrogatories seek far more extensive and different information than what is argued in the instant motion to justify lifting the stay; and (3) Defendant's answers will not have the practical or legal effect of binding Defendant to a final decision regarding the matter placed at issue in this case. Signed by Magistrate Judge Mac R. McCoy on 1/13/2020. (McCoy, Mac)
January 10, 2020	Filing 43 MOTION for miscellaneous relief, specifically from the Discovery Stay by Diane Bartholomew, Michael Sherry. (Attachments: #1 Exhibit A, #2 Exhibit B)(Green, Michael)
December 24, 2019	Filing 42 NOTICE OF SELECTION of Marlene Quintana, Esq. as mediator by Diane Bartholomew, Michael Sherry. (Green, Michael)
December 10, 2019	Filing 40 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 9/24/2021 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 10/4/2021 at 09:00 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 12/10/2019. (jmc)
December 10, 2019	Filing 39 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 12/10/2019. (digital) (jmc)
December 4, 2019	Filing 38 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Diane Bartholomew, Michael Sherry. Related case(s): No (Green, Michael)
December 4, 2019	Filing 37 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Diane Bartholomew, Michael Sherry. (Green, Michael)
December 2, 2019	Filing 36 CASE MANAGEMENT REPORT. (Kynes, Cameron)
November 28, 2019	Filing 35 ENDORSED ORDER granting #33 Defendant's Motion for a Protective Order Temporarily Staying Discovery. Although the motion states that it is opposed, the Court finds good cause to rule on the motion without awaiting a response. The Court also finds good cause to temporarily stay discovery in this case until the Court resolves the pending motion to dismiss. Accordingly, the Court orders that all discovery in this case is stayed until seven (7) days after the presiding United States District Judge enters an order resolving the pending motion to dismiss (Doc. #9). The only exception(s) to this general stay of discovery will be any specific discovery that may be ordered by the presiding United States District Judge by separate order. Signed by Magistrate Judge Mac R. McCoy on 11/28/2019.
November 28, 2019	Filing 34 TEXT ORDER granting in part and denying in part #32 Unopposed Motion for Stay of Case Deadlines and the Preliminary Pretrial Conference. The Court finds insufficient cause to delay the parties' preparation of a joint Case Management Report and the conduct of a Preliminary Pretrial Conference to set appropriate case-management deadlines in this case while Defendant's motion to dismiss remains pending. Delaying these matters creates undue administrative burdens for the Court that the Court deems unacceptable. However, the Court will hold Plaintiffs' compliance with M.D. Fla. R. 4.04 in abeyance at this time and direct the parties to include reasonable and appropriate briefing deadlines for class certification issues in the joint Case Management Report for the Court's consideration. Signed by Magistrate Judge Mac R. McCoy on 11/28/2019. (McCoy, Mac)
November 27, 2019	Filing 33 MOTION to stay discovery by Lowe's Companies, Inc.. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
November 27, 2019	Filing 32 Unopposed MOTION to stay re 12 Notice of hearing "Unopposed Motion for a Stay of Case Deadlines and the Preliminary Pretrial Conference and Incorporated Memorandum of Law" by Lowe's Companies, Inc.. (Kynes, Cameron)
November 18, 2019	Filing 31 NOTICE of Appearance by John Paul Salas on behalf of Diane Bartholomew, Michael Sherry (Salas, John)
November 18, 2019	Filing 30 REPLY to Response to Motion re #9 MOTION to Dismiss Plaintiffs' Complaint filed by Diane Bartholomew, Michael Sherry. (Green, Michael)
November 14, 2019	Filing 29 ENDORSED ORDER granting #28 Joint Motion to Conduct Meet and Confer by Telephone. The parties may confer by telephone for the purpose of preparing the joint Case Management Report. Signed by Magistrate Judge Mac R. McCoy on 11/14/2019. (McCoy, Mac)
November 14, 2019	Filing 28 Joint MOTION to Appear Telephonically to Conduct Meet and Confer by Lowe's Companies, Inc.. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
November 13, 2019	Filing 27 RESPONSE in Opposition re #24 Unopposed MOTION for leave to file To File Amended Response In Opposition to Defendant's Motion To Dismiss , #9 MOTION to Dismiss Plaintiffs' Complaint filed by Diane Bartholomew, Michael Sherry. (Attachments: #1 Exhibit A- Sherry Declaration, #2 Exhibit B- Bartholomew Declaration)(Green, Michael)
November 12, 2019	Filing 26 ENDORSED ORDER granting Plaintiff's Unopposed Motion for Leave to File an Amended Response in Opposition to Defendant's Motion to Dismiss. (Doc. #24). Plaintiff may file the amended response on or before November 13, 2019. All other deadlines are unchanged. Signed by Judge Sheri Polster Chappell on 11/12/2019. (KRH)
November 11, 2019	Filing 25 Defendant's REPLY in support of re #9 Motion to dismiss Plaintiffs' Complaint and RESPONSE to #19 Plaintiff's Response in Opposition filed by Lowe's Companies, Inc.. (Kynes, Cameron) Modified on 11/12/2019 as to docket text(MLS).
November 8, 2019	Filing 24 Unopposed MOTION for leave to file To File Amended #19 Response In Opposition to Defendant's Motion To Dismiss by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B)(Green, Michael)
November 4, 2019	Filing 23 ENDORSED ORDER granting in part Defendant's Amended Motion for Leave to File a Reply. (Doc. #21). Defendant may file a reply brief, not to exceed five (5) pages in length, on or before November 11, 2019. Then, Plaintiff may file a surreply, not to exceed three (3) pages in length, on or before November 18, 2019. Signed by Judge Sheri Polster Chappell on 11/4/2019. (KRH)
November 4, 2019	Filing 22 ENDORSED ORDER denying as moot Defendant's motion for a reply brief (Doc. #20) because filed an amended motion for a reply brief. Signed by Judge Sheri Polster Chappell on 11/4/2019. (KRH)
November 4, 2019	Filing 21 Amended MOTION for leave to file Reply to #19 Plaintiffs' Response to #9 Motion to Dismiss Plaintiffs' Complaint by Lowe's Companies, Inc.. (Kynes, Cameron) Modified on 11/4/2019 as to docket text(MLS).
November 4, 2019	Filing 20 Defendant's MOTION for Leave to File Response/Reply as to #19 Reply to re #9 Motion to Dismiss Plaintiffs' Complaint < by Lowe's Companies, Inc.. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 11/4/2019 as to event type and docket text (MLS).
October 29, 2019	Filing 19 REPLY re #9 MOTION to Dismiss Plaintiffs' Complaint by Diane Bartholomew, Michael Sherry. (Attachments: #1 Exhibit A, #2 Exhibit B)(Green, Michael). Modified on 10/30/2019 reentry of Exhibit B(MLS).
October 29, 2019	Filing 18 MOTION to Substitute Party by All Plaintiffs. (Green, Michael)
October 23, 2019	***PRO HAC VICE FEES paid by attorney Bruce M. Steen, appearing on behalf of Lowe's Companies, Inc. (Filing fee $150 receipt number FTM014161.) Related document: #14 Unopposed MOTION for Bruce M. Steen to appear pro hac vice. (SPB)
October 23, 2019	***PRO HAC VICE FEES paid by attorney Elena D. Marcuss, appearing on behalf of Lowe's Companies, Inc. (Filing fee $150 receipt number FTM014160.) Related document: #15 Unopposed MOTION for Elena D. Marcuss to appear pro hac vice. (SPB)
October 23, 2019	Filing 17 ORDER granting #15 Defendant's Unopposed Motion for Admission Pro Hac Vice of Attorney Elena D. Marcuss, and Designation and Consent to Act Pursuant to Local Rule 2.02. The Clerk is directed to add Elena Marcuss to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Elena Marcuss must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 10/23/2019. (NM)
October 23, 2019	Filing 16 ORDER granting #14 Defendant's Unopposed Motion for Admission Pro Hac Vice of Attorney Bruce M. Steen, and Designation and Consent to Act Pursuant to Local Rule 2.02. The Clerk is directed to add Bruce Steen to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Bruce Steen must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 10/23/2019. (NM)
October 22, 2019	Filing 15 Unopposed MOTION for Elena D. Marcuss to appear pro hac vice by Lowe's Companies, Inc.. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
October 22, 2019	Filing 14 Unopposed MOTION for Bruce M. Steen to appear pro hac vice by Lowe's Companies, Inc.. (Kynes, Cameron) Motions referred to Magistrate Judge Mac R. McCoy.
October 21, 2019	Filing 13 ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 10/21/2019. (jmc)
October 21, 2019	Filing 12 NOTICE of hearing: Preliminary Pretrial Conference set for 12/10/2019 at 10:15 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. Notwithstanding any prior Order of the Court, the parties shall file a joint Case Management Report no later than 12/2/2019. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc)
October 15, 2019	Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Lowe's Companies, Inc. identifying Corporate Parent Lowe's Companies, Inc., Other Affiliate Lowe's Home Centers, LLC for Lowe's Companies, Inc... (Kynes, Cameron)
October 15, 2019	Filing 10 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by Lowe's Companies, Inc.. Related case(s): no (Kynes, Cameron)
October 15, 2019	Filing 9 MOTION to Dismiss re #1 Plaintiffs' Complaint by Lowe's Companies, Inc.. (Attachments: #1 Affidavit J Dalton)(Kynes, Cameron) Modified on 10/15/2019 as to docket text(MLS).
October 2, 2019	Filing 8 RETURN of service executed on 09/24/2019 by Diane Bartholomew as to All Defendants. (Green, Michael)
September 26, 2019	Filing 7 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/10/2019. Signed by All Divisional Judges on 9/26/2019. (jmc)
September 26, 2019	Filing 6 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/10/2019. Signed by Judge Sheri Polster Chappell on 9/26/2019. (jmc)
September 23, 2019	Filing 5 NOTICE of consent to join (Mark Easterling) by Diane Bartholomew, Michael Sherry re #1 Complaint . (Green, Michael)
September 23, 2019	Filing 4 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 9/23/2019. (MLS)
September 23, 2019	Filing 3 SUMMONS issued as to Lowe's Companies, Inc.. (MLS)
September 23, 2019	Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:19-cv-695-FtM-38MRM. (SJB)
September 20, 2019	Filing 1 COMPLAINT against Lowe's Companies, Inc. with Jury Demand (Filing fee $ 400 receipt number 113A-15944177) filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Supplement NOF Consent as to Diane Bartholomew, #4 Supplement NOF Consent as to Michael Sherry, #5 Supplement NOF Consent as to Willis Pelton, #6 Supplement NOF Consent as to Jason Slater, #7 Civil Cover Sheet, #8 Proposed Summons)(Green, Michael)

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Defendant: Lowe's Companies, Inc.
Represented By:	Bruce M. Steen
Represented By:	Elena D. Marcuss
Represented By:	Cameron G. Kynes
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Defendant: Lowe
Represented By:	Bruce M. Steen
Represented By:	Elena D. Marcuss
Represented By:	Cameron G. Kynes
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Defendant: Lowe's Companies, Inc. also known as Lowe's Home Improvement also known as Lowe's Home Centers, LLC doing business as Lowe's
Represented By:	Bruce M. Steen
Represented By:	Cameron G. Kynes
Represented By:	Elena D. Marcuss
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Defendant: Lowe's Home Centers, LLC also known as Lowe's Home Improvement also known as Lowe's Home Centers, LLC doing business as Lowe's
Represented By:	Bruce M. Steen
Represented By:	Cameron G. Kynes
Represented By:	Elena D. Marcuss
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Plaintiff: Michael Sherry
Represented By:	Michael George Green, II
Represented By:	John Paul Salas
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Plaintiff: Diane Bartholomew
Represented By:	Michael George Green, II
Represented By:	John Paul Salas
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