Maltese v. Burlington Coat Factory Direct Corporation
Plaintiff: Giovannia Maltese
Defendant: Burlington Coat Factory Direct Corporation
Case Number: 2:2019cv00616
Filed: August 26, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Mac R McCoy
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2019 Opinion or Order Filing 30 ORDERED: Defendant's Motion to Dismiss or Alternatively for a More Definite Statement (Doc. #22) is DENIED and GRANTED in part. Defendant must answer the Complaint on or before November 5, 2019. Signed by Judge Sheri Polster Chappell on 10/22/2019. (AEH)
October 22, 2019 Opinion or Order Filing 29 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 4/30/2021 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial term commencing 5/3/2021 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 10/22/2019. (jmc)
October 22, 2019 Filing 28 Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 10/22/2019. (Digital) (jmc)
October 21, 2019 Opinion or Order Filing 27 ORDER striking #23 Plaintiff's Notice of Service of Answers to Defendant's, [sic] Interrogatories and #26 Plaintiff's Rule 26(a)(1) Disclosures. The Clerk of Court is directed to strike the documents and to add an appropriate notation to the related docket text stating that the documents were stricken by this Order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 10/21/2019. (NM)
October 18, 2019 Filing 26 NOTICE by Giovannia Maltese Rule 26 (a) (1) Disclosures (Heisner, Adam) Documents STRICKEN per #27 Order of 10/21/19.
October 17, 2019 Filing 25 MOTION to Compel Overrule Plaintiff's Objections and Compel Better Answers to Defendant's Interrogatories and Incorporated Memorandum of Law by Burlington Coat Factory Direct Corporation. (Attachments: #1 Exhibit, #2 Exhibit)(Garcia, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
October 16, 2019 Filing 24 RESPONSE in Opposition re #22 MOTION to Dismiss The First Amended Complaint or Alternatively for a More Definite Statement and Incorporated Memorandum of Law filed by Giovannia Maltese. (Heisner, Adam)
October 11, 2019 Filing 23 NOTICE of Service of Answers to Defendant's Interrogatories filed by Giovannia Maltese. (Attachments: #1 Response to Defendant's First Medicare/Medicaid Request for Production)(Heisner, Adam) Modified on 10/15/2019 to correct title of actual documents filed.(MLS). Documents STRICKEN per #27 Order issued 10/21/19.
October 7, 2019 Filing 22 MOTION to Dismiss re #21 First Amended Complaint or Alternatively for a More Definite Statement and Incorporated Memorandum of Law by Burlington Coat Factory Direct Corporation. (Garcia, Michael)
October 3, 2019 Filing 21 First AMENDED COMPLAINT against Burlington Coat Factory Direct Corporation with Jury Demand filed by Giovannia Maltese.(Heisner, Adam) Modified on 10/4/2019 as to docket text(MLS).
September 19, 2019 Opinion or Order Filing 20 ORDERED: Plaintiff's Motion to Remand to State Court (Doc. #14) is DENIED. Defendant's Motion to Dismiss Complaint or Alternatively for a More Definite Statement (Doc. #3) is GRANTED in part. The Complaint (Doc. #4) is DISMISSED without prejudice. Plaintiff may REFILE an Amended Complaint on or before October 3, 2019. Signed by Judge Sheri Polster Chappell on 9/19/2019. (AEH)
September 19, 2019 Filing 19 CASE MANAGEMENT REPORT. (Garcia, Michael)
September 18, 2019 Filing 18 NOTICE of pendency of related cases re #7 Related Cases Order and Track 2 Notice per Local Rule 1.04(d) by Giovannia Maltese. Related case(s): no (Attachments: #1 State Court Other Documents)(Heisner, Adam) Modified on 9/18/2019 as to docket text (MLS).
September 17, 2019 Filing 17 RESPONSE in Opposition re #14 First MOTION to remand to State Court and Incorporated Memorandum of Law filed by Burlington Coat Factory Direct Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Garcia, Michael)
September 10, 2019 Opinion or Order Filing 16 ENDORSED ORDER granting #15 Defendant's Unopposed Motion to Permit Telephonic Case Management Meeting. Signed by Magistrate Judge Mac R. McCoy on 9/10/2019. (NM)
September 9, 2019 Filing 15 Unopposed MOTION to Appear Telephonically for Case Management Meeting by Burlington Coat Factory Direct Corporation. (Garcia, Michael) Motions referred to Magistrate Judge Mac R. McCoy.
September 5, 2019 Filing 14 First MOTION to remand to State Court by Giovannia Maltese. (Heisner, Adam)
August 29, 2019 Opinion or Order Filing 13 ENDORSED ORDER denying without prejudice #5 Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint. The instant motion was filed before this case was removed to this Court. Defendant's deadline for responding to the Complaint is now governed by Fed. R. Civ. P. 81(c). If Defendant requires a further extension, it may file a timely and appropriate motion seeking that relief in compliance with the rules governing these federal court proceedings. Signed by Magistrate Judge Mac R. McCoy on 8/29/2019. (McCoy, Mac)
August 29, 2019 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Burlington Coat Factory Direct Corporation. (Garcia, Michael)
August 29, 2019 Filing 11 NOTICE of pendency of related cases re #7 Related Cases Order and Track 2 Notice per Local Rule 1.04(d) by Burlington Coat Factory Direct Corporation. Related case(s): No (Garcia, Michael) Modified on 8/29/2019 as to docket text (MLS).
August 29, 2019 Opinion or Order Filing 10 ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 8/29/2019. (jmc)
August 29, 2019 Filing 9 NOTICE of hearing: Preliminary Pretrial Conference set for 10/22/2019 at 11:00 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 10/14/2019. 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)
August 28, 2019 Filing 8 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/11/2019. Signed by All Divisional Judges on 8/28/2019. (jmc)
August 28, 2019 Opinion or Order Filing 7 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/11/2019. Signed by Judge Sheri Polster Chappell on 8/28/2019. (jmc)
August 28, 2019 Filing 6 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 8/28/2019. (SPB)
August 26, 2019 Filing 5 MOTION for Extension of Time to respond to Plaintiff's #4 Complaint by Burlington Coat Factory Direct Corporation. (Filed in State Court on 7/1/19.) (SPB) Motions referred to Magistrate Judge Mac R. McCoy.
August 26, 2019 Filing 4 COMPLAINT against Burlington Coat Factory Direct Corporation with Jury Demand filed by Giovannia Maltese. (Filed in State Court on 5/31/2019.)(SPB)
August 26, 2019 Filing 3 MOTION to Dismiss Complaint or Alternatively for a More Definite Statement and Incorporated Memorandum of Law by Burlington Coat Factory Direct Corporation. (Garcia, Michael)
August 26, 2019 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:19-cv-616-FtM-38MRM. (SJB)
August 26, 2019 Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit; Lee County, FL, case number 2019-CA-3424 filed in State Court on 05/31/2019. Filing fee $ 400, receipt number 113A-15846347 filed by Burlington Coat Factory Direct Corporation. (Attachments: #1 Exhibit Complaint 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet)(Garcia, Michael)

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Defendant: Burlington Coat Factory Direct Corporation
Represented By: Michael A. Garcia
Represented By: Cesar Pineda
Represented By: Gerard Di Popolo
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Plaintiff: Giovannia Maltese
Represented By: Adam Charles Robert Heisner
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