Harden v. Everglades College, Inc.
Plaintiff: Erica Harden
Defendant: EVERGLADES COLLEGE, INC., d/b/a KEISER UNIVERSITY and Everglades College, Inc. a Florida corporation doing business as Keiser University
Case Number: 2:2021cv00705
Filed: September 21, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Nicholas P Mizell
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2601
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 17, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2021 Case Stayed per #17 Order. (JK)
November 17, 2021 Filing 18 NOTICE canceling Preliminary Pretrial Conference hearing scheduled for 12/16/2021 (WRW)
November 17, 2021 Opinion or Order Filing 17 ORDERED: The parties' Joint Stipulation to Compel Arbitration (Doc. #16) is GRANTED. The parties are DIRECTED to arbitrate this case promptly--in accordance with their stipulation and arbitration agreement. This case is STAYED until the parties advise the Court that (1) arbitration has been completed and (2) the stay should be lifted or the case should be dismissed. The parties are DIRECTED to notify the Court of such matters within seven (7) days of the arbitration concluding. The parties are DIRECTED to file a joint report on the status of arbitration on or before February 14, 2022, and every ninety (90) days after that date until arbitration concludes. The Clerk is DIRECTED to add a stay flag on the docket. Signed by Judge Sheri Polster Chappell on 11/16/2021. (AEH)
November 15, 2021 Filing 16 JOINT STIPULATION to Compel Arbitration by Everglades College, Inc. (Wall, Nicole) Modified as to docket text on 11/16/2021 (JK).
November 15, 2021 Opinion or Order Filing 15 ENDORSED ORDER. This matter comes before the Court on sua sponte review of the file. On October 28, the Court denied Defendant's motion to dismiss without prejudice. (Doc. 12). Since then, Defendant has not filed an amended motion or answer, and the time to do so expired. See Fed. R. Civ. P. 12(a)(4)(A). Accordingly, the Court ORDERS Defendant to show cause on or November 17, why it has not responded to the Complaint. Alternatively, Defendant can respond to the Complaint by that same date. If Defendant fails to respond to this Order, Plaintiff may move for a clerk's default in accordance with the Federal and Local Rules. Signed by Judge Sheri Polster Chappell on 11/15/2021. (KRH)
November 11, 2021 Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Everglades College, Inc. (Wall, Nicole)
November 10, 2021 Filing 13 NOTICE of Lead Counsel Designation by Benjamin H. Yormak on behalf of Erica Harden. Lead Counsel: Benjamin H. Yormak, Esq. (Yormak, Benjamin)
October 28, 2021 Opinion or Order Filing 12 ENDORSED ORDER denying without prejudice Defendant's Motion to Dismiss Plaintiff's Complaint (Doc. #11) for failure to include a compliant Local Rule 3.01(g) Certification. The parties are reminded to review the new Local Rules (effective February 1), which now require conferrals on motions to dismiss. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 10/28/2021. (KRH)
October 28, 2021 Filing 11 MOTION to Dismiss Complaint - Based on Arbitration Agreement by Everglades College, Inc. (Attachments: #1 Exhibit Arbitration Agreement) (Wall, Nicole)
October 21, 2021 Filing 10 RETURN of service executed on 10/11/2021 by Erica Harden as to Everglades College, Inc. (Yormak, Benjamin)
October 15, 2021 Filing 9 NOTICE of hearing: Preliminary Pretrial Conference set for 12/16/2021 at 10:45 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 11/22/2021. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 21705. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW)
October 11, 2021 Filing 8 NOTICE of Appearance by Nicole M. Wall on behalf of Everglades College, Inc. (Wall, Nicole)
October 1, 2021 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Erica Harden. (Yormak, Benjamin)
October 1, 2021 Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Erica Harden. Related case(s): No (Yormak, Benjamin)
September 22, 2021 Filing 5 SUMMONS issued as to Everglades College, Inc.. (JK)
September 22, 2021 Filing 4 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JK)
September 22, 2021 Filing 3 CIVIL Action Order Signed by All Divisional Judges on 9/22/2021. (JK)
September 22, 2021 Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:21-cv-0705-SPC-NPM. (SJB)
September 21, 2021 Filing 1 COMPLAINT against EVERGLADES COLLEGE, INC., d/b/a KEISER UNIVERSITY with Jury Demand (Filing fee $ 402 receipt number BFLMDC-18731385) filed by Erica Harden. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Yormak, Benjamin)

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Plaintiff: Erica Harden
Represented By: Benjamin H. Yormak
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Defendant: EVERGLADES COLLEGE, INC., d/b/a KEISER UNIVERSITY
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Defendant: Everglades College, Inc. a Florida corporation doing business as Keiser University
Represented By: Nicole M. Wall
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