Melton v. Lowe's Home Centers, LLC et al
| Christopher Melton |
| Lowe's Home Centers, LLC and Werner Co. |
| 2:2021cv00767 |
| October 20, 2021 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| Mac R McCoy |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 51 JUDGMENT (Signed by Deputy Clerk) (JK) |
Filing 50
ENDORSED ORDER. Before the Court is the Notice of Settlement. (Doc. #49). As the parties have settled this action, the Court will administratively close the file and dismiss this action without prejudice. See M.D. Fla. R. 3.09(b). Accordingly, it is ORDERED this action is DISMISSED without prejudice subject to the right of a party to move to reopen the case for entry of a stipulated final order or a judgment or for further proceedings on or before March 31, 2023. See Local Rule 3.09(b). If no party files an appropriate paper by that deadline, then the Clerk is DIRECTED to dismiss the action with prejudice and enter judgment without further order. The Clerk is now DIRECTED to deny all pending motions as moot, terminate any deadlines, and administratively close the case. Signed by Judge Sheri Polster Chappell on 3/1/2023. (LAF)
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| Filing 49 NOTICE of settlement by Christopher Melton (Lusk, Benjamin) |
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Filing 48
ORDER denying #40 Motion for Extension of Time to Extend Case Management Deadlines. Signed by Magistrate Judge Kyle C. Dudek on 2/28/2023. (CGW)
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| Filing 47 NOTICE canceling Motion hearing scheduled for 3/1/2023. The Court will issue a written decision shortly. (CGW) |
| Filing 46 AMENDED NOTICE of Lead Counsel Designation by James Alan Murman on behalf of Lowe's Home Centers, LLC, Werner Co. Lead Counsel: James A. Murman. (Murman, James) Modified text on 2/27/2023 (JK). |
| Filing 45 NOTICE OF RESCHEDULING HEARING: The Motion hearing previously scheduled for 2/28/2023 is rescheduled. New scheduling date and time: Motion Hearing set for 3/1/2023 at 01:30 PM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. (CGW) |
| Filing 44 RESPONSE in Opposition re #40 MOTION for Extension of Time to Complete Discovery filed by Lowe's Home Centers, LLC, Werner Co. (Attachments: #1 Exhibit A, #2 Exhibit B) (Murman, James) |
| Filing 43 NOTICE of hearing on motion re #40 MOTION for Extension of Time to Complete Discovery . Motion Hearing set for 2/28/2023 at 01:30 PM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. (CGW) |
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Filing 42
ENDORSED ORDER directing Defendants to submit an expedited response to #40 Plaintiff's Motion for Extension of Time. Responses due by 2/24/2023. The Motion will be set for a hearing separately. Signed by Magistrate Judge Kyle C. Dudek on 2/21/2023. (BLW)
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| Filing 41 NOTICE of Mediation held on 02/10/2023. by Christopher Melton. Hearing Outcome: Impasse. (Lusk, Benjamin) Modified text on 2/22/2023 (JK). |
| Filing 40 MOTION for Extension of Time to Complete Discovery by Christopher Melton. (Attachments: #1 Exhibit A Affidavit of Meyer Rosen, #2 Exhibit B Case Management and Scheduling Order)(Lusk, Benjamin) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 2/22/2023 (JK). |
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Filing 39
ENDORSED ORDER. The parties filed a notice of mediation to be held on 2/10/2023 (Doc 38). By 2/24/2023 the parties must tell the Court whether mediation occurred and, if so, they must SHOW CAUSE why the results were not reported to the Court as required by the Case Management and Scheduling Order (Doc. 29). The parties may alternatively discharge this show cause order by reporting the result of mediation. Signed by Magistrate Judge Kyle C. Dudek on 2/21/2023. (AK)
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| Filing 38 NOTICE of mediation conference/hearing to be held on February 10, 2023 before Curtright C. Truitt.(Lusk, Benjamin) |
| Filing 37 NOTICE of Serving Proposal for Settlement by Werner Co. (Weekley, Paul) Modified text on 1/30/2023 (JK). |
| Filing 36 NOTICE of Serving Proposal for Settlement by Lowe's Home Centers, LLC (Weekley, Paul) Modified text on 1/30/2023 (JK). |
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Filing 35
ORDER denying without prejudice #34 Motion For Entry Upon Land for failure to comply with Local Rule 3.01(g). As Plaintiff's motion seeks relief directed to a third-party, Plaintiff must confer with such person(s) and opposing counsel and denote their positions with respect to the relief sought. Any renewed motion must indicate in its Rule 3.01(g) certification the manner of conferral and any agreements reached. Signed by Magistrate Judge Kyle C. Dudek on 7/8/2022. (Dudek, Kyle)
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| Filing 34 MOTION for Miscellaneous Relief, specifically Motion for Entry of Order Allowing Entry Upon Land for Inspection by Werner Co. (Attachments: #1 Exhibit Warranty Deed)(Weekley, Paul) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 33 Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:21-cv-767-SPC-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. (SMG) |
| Filing 32 AMENDED Disclosure Statement pursuant to Federal Rule of Civil Procedure 26 by Christopher Melton. (Lusk, Benjamin) Modified as to docket text on 6/24/2022 (JK). |
| Filing 31 NOTICE of a related action per Local Rule 1.07(c) by Lowe's Home Centers, LLC, Werner Co. Related case(s): No (Weekley, Paul) |
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Filing 29
CASE MANAGEMENT AND SCHEDULING ORDER: Motions to Add or Join Parties or Amend Pleadings due by 3/11/2022; Plaintiff Disclosure of any Expert Report due by 10/31/2022; Defendant Disclosure of any Expert Report due by 12/1/2022; Rebuttal of Expert Report due by 1/3/2023; Discovery and Motions to Compel Discovery due by 1/31/2023; Conduct Mediation hearing by 2/14/2023 (Lead counsel to coordinate dates); Dispositive and Daubert Motions due by 3/28/2023; Final Pretrial Meeting by 7/28/2023; Motions in Limine due by 8/4/2023; Joint Final Pretrial Statement due by 8/11/2023; Final Pretrial Conference set for 8/25/2023 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell; and Jury Trial Term set for 9/5/2023 in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 1/10/2022. (FN)
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| Filing 28 Minute Entry for Telephonic Proceedings held before Magistrate Judge Mac R. McCoy: granting 26 JOINT ORAL Motion to approve Mediator designated in Case Management Report; and granting 27 ORAL Motion by Defendants to File Notice of Related Action by 1/15/2022. PRELIMINARY PRETRIAL CONFERENCE held on 1/10/2022. (Digital) (FN) |
| Filing 27 ORAL MOTION by Defendants to File Notice of Related Action by 1/15/2022. (FN) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 26 JOINT ORAL MOTION to approve Mediator designated in Case Management Report. (FN) Motions referred to Magistrate Judge Mac R. McCoy. |
| Filing 25 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 1/11/2022 is rescheduled. New scheduling date and time: Telephonic Preliminary Pretrial Conference set for 1/10/2022 at 11:00 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Please view docket entries #18 and #19 for following orders. (FN) |
| Filing 24 CASE MANAGEMENT REPORT. (Weekley, Paul) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Christopher Melton. (Lusk, Benjamin) |
| Filing 22 NOTICE of a related action per Local Rule 1.07(c) by Christopher Melton. Related case(s): No (Lusk, Benjamin) |
| Filing 21 NOTICE of Lead Counsel Designation by Paul M. Weekley on behalf of Lowe's Home Centers, LLC, Werner Co. Lead Counsel: Paul M. Weekley. (Weekley, Paul) |
| Filing 20 NOTICE to counsel Jody M. Valdes and Paul M. Weekley of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (jmc) |
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Filing 19
ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 11/22/2021. (FN)
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Filing 18
ORDER Governing Telephonic Proceedings. Signed by Magistrate Judge Mac R. McCoy on 11/22/2021. (FN)
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| Filing 17 NOTICE of hearing: TELEPHONIC Preliminary Pretrial Conference set for 1/11/2022 at 11:00 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 1/4/2022. 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. (FN) |
| Filing 16 CORPORATE Disclosure Statement by Werner Co. (Valdes, Jody) |
| Filing 15 CORPORATE Disclosure Statement by Lowe's Home Centers, LLC. (Valdes, Jody) |
| Filing 14 Defendants' ANSWER and affirmative defenses to #1 Complaint by Lowe's Home Centers, LLC, Werner Co..(Valdes, Jody) |
| Filing 13 RETURN of service executed on November 1, 2021 by Christopher Melton as to Werner Co. (Lusk, Benjamin) |
| Filing 12 RETURN of service executed on November 9, 2021 by Christopher Melton as to Lowe's Home Centers, LLC. (Lusk, Benjamin) |
| Filing 11 AMENDED COMPLAINT against All Plaintiffs with Jury Demand. filed by Christopher Melton. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lusk, Benjamin) |
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Filing 10
ORDERED: The Complaint (Doc. #1) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint by November 4, 2021. Failure to do so will cause the Court to close this case without further notice. Signed by Judge Sheri Polster Chappell on 10/21/2021. (AEH)
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| Filing 9 SUMMONS issued as to Werner Co. (jmc) |
| Filing 8 SUMMONS issued as to Lowe's Home Centers, LLC. (jmc) |
| Filing 7 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). (jmc) |
| Filing 6 CIVIL Action Order. Signed by All Divisional Judges on 10/21/2021. (jmc) |
| Filing 5 NOTICE by Christopher Melton (Lusk, Benjamin) |
| Filing 4 NOTICE by Christopher Melton (Lusk, Benjamin) |
| Filing 3 NOTICE of Lead Counsel Designation by Benjamin David Lusk on behalf of Christopher Melton. Lead Counsel: Benjamin Lusk. (Lusk, Benjamin) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:21-cv-0767-SPC-MRM. (SJB) |
| Filing 1 COMPLAINT against Christopher Melton with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18839009) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons Lowes, #3 Proposed Summons Proposed Summons Wernerco)(Lusk, Benjamin) |
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