Etienne v. All Seasons in Naples, LLC et al
| Bernadette Etienne |
| All Seasons in Naples, LLC, Oakland Management Corporation and All Seasons Naples, a Senior Living Facility |
| 2:2022cv00064 |
| January 31, 2022 |
| US District Court for the Middle District of Florida |
| Kyle C Dudek |
| Mac R McCoy |
| John E Steele |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 60
JUDGMENT. ( Signed by Deputy Clerk) (JTM)
|
|
Filing 59
OPINION AND ORDER adopting #58 Report and Recommendations and the Clerk shall enter judgment dismissing the case without prejudice, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 6/28/2023. (RKR)
|
|
Filing 58
REPORT AND RECOMMENDATIONS of dismissal without prejudice re #1 Complaint, filed by Bernadette Etienne. Signed by Magistrate Judge Kyle C. Dudek on 6/5/2023. (CGW)
|
|
Filing 57
ORDER to show cause whether she intends to proceed with case pro se as to Bernadette Etienne. Show Cause Response due by 5/28/2023. Signed by Magistrate Judge Kyle C. Dudek on 4/28/2023. (CGW)
|
|
Filing 55
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 6/30/2023; Dispositive motions due by 7/28/2023; Pretrial statement due by 1/13/2024; All other motions due by 1/9/2024; Final Pretrial Conference set for 1/26/2024 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 2/5/2024 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 7/7/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 3/23/2023. (CGW)
|
|
Filing 54
ORDER granting #53 Motion to Continue. Defendants' Motion to Extend Deadlines (Doc. 53) is granted. Anamended case management and schedule order will be entered separately. The Clerk is directed to update Plaintiff's mailing address to 4210 25th Street SW, Lehigh Acres, FL 33976. Plaintiff is directed to inform the Court, in writing, by April 21, 2023, whether she intends to proceed with this case. Signed by Magistrate Judge Kyle C. Dudek on 3/23/2023. (CGW)
|
|
Filing 53
MOTION to Continue Trial and Extend Case Deadlines by All Seasons in Naples, LLC, Oakland Management Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Recla, Amy) Motions referred to Magistrate Judge Kyle C. Dudek.
|
|
Filing 52
ORDER Lifting Stay. The Clerk is directed to mail Plaintiff a copy of the Case Management and Scheduling Order (Doc. 45) along with this Order. Plaintiff is expected to comply with the deadlines and otherwise comply with the Local Rules and Federal Rules of Civil Procedure. Signed by Magistrate Judge Kyle C. Dudek on 2/28/2023. (CGW)
|
|
Filing 50
ORDER granting #49 Motion to Withdraw as Attorney. Attorney Scott shall have no further responsibility in this action. The Clerk is directed to terminate her and remove her from the electronic service list in CM/ECF for this case. The Clerk is directed to add this address to the docket for Plaintiff and mail Plaintiff a copy of this Order: Bernadette Etienne, 4910 28th Street SW, Lehigh Acres, FL 33973, (239) 537-7984. No later than February 27, 2023, Bernadette Etienne may retain new counsel and have counsel file a notice of appearance in this case. If no notice is filed, the Court assumes that Plaintiff intends to proceed pro se, which is without the benefit of counsel. The deadlines in the Case Management and Scheduling Order (Doc. 45) are stayed pending further order. The Court will reset deadlines, if necessary. Signed by Magistrate Judge Kyle C. Dudek on 1/26/2023. (CGW)
|
|
Filing 49
MOTION for Kristie A. Scott to Withdraw as Counsel of Record by Bernadette Etienne. (Attachments: #1 Exhibit Notification letter to client)(Scott, Kristie) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 1/26/2023 (SEH).
|
|
Filing 47
ORAL ORDER granting ORAL Motion for Extension of Time to File Rule 26 Disclosures (D.E. 46). Signed by Magistrate Judge Kyle C. Dudek on 8/2/2022. (AEH)
|
|
Filing 46
ORAL MOTION for Extension of Time to File Rule 26 Disclosures. (AEH) Motions referred to Magistrate Judge Kyle C. Dudek.
|
|
Filing 45
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/30/2022, Discovery due by 3/31/2023, Dispositive motions due by 4/28/2023, Pretrial statement due by 10/13/2023, Plaintiff disclosure of expert report due by 12/31/2022, Defendant disclosure of expert report due by 1/30/2023, Plaintiff Rebuttal Expert Disclosure due by 3/1/2023, Final Pretrial Conference is set for 10/27/2023 at 9:30AM in Ft. Myers Courtroom 6A before Judge John E. Steele Jury Trial set for the November 2023 Trial Term beginning 11/1/2023 in Ft. Myers Courtroom 6A before Judge John E. Steele. Conduct mediation hearing by 4/7/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 8/2/2022. (AEH)
|
|
Filing 44
Minute Entry. In Person Proceedings held before Magistrate Judge Kyle C. Dudek: PRELIMINARY PRETRIAL CONFERENCE held on 8/2/2022. (DIGITAL) (AEH)
|
|
Filing 43
NOTICE of a related action per Local Rule 1.07(c) by All Seasons in Naples, LLC, Oakland Management Corporation. Related case(s): No (Recla, Amy)
|
|
Filing 42
CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by All Seasons in Naples, LLC, Oakland Management Corporation. (Recla, Amy)
|
|
Filing 41
ANSWER and affirmative defenses to #1 Complaint, by All Seasons in Naples, LLC, Oakland Management Corporation.(Recla, Amy)
|
|
Filing 40
NOTICE of Lead Counsel Designation by Amy Kathleen Recla on behalf of All Seasons in Naples, LLC, Oakland Management Corporation. Lead Counsel: Amy K. Recla. (Recla, Amy)
|
|
Filing 39
NOTICE re 37 Notice of rescheduling hearing (courtroom only). The Preliminary Pretrial Conference scheduled for 8/2/2022 at 10:00 AM with be conducted in Courtroom 4-E. (WRW)
|
|
Filing 38
ORDER denying #29 Motion to Compel Arbitration. Signed by Judge John E. Steele on 7/18/2022. (AFC)
|
|
Filing 37
NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM AND JUDGE ONLY): The Preliminary Pretrial Conference hearing previously scheduled before U.S. Magistrate Judge Mac R. McCoy on 8/2/2022 is rescheduled. The Preliminary Pretrial Conference hearing set for 8/2/2022 at 10:00AM will now be conducted by U.S. Magistrate Judge Kyle C Dudek, the courtroom the hearing will be held is yet to be determined. (AEH)
|
|
Filing 36
NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM AND JUDGE ONLY): The Preliminary Pretrial Conference hearing previously scheduled before U.S. Magistrate Judge Mac R. McCoy on 8/2/2022 is rescheduled. The Preliminary Pretrial Conference hearing set for 8/2/2022 at 10:00AM will now be conducted by U.S. Magistrate Judge Kyle C Dudek, the courtroom the hearing will be held is to be determined(AEH)
|
|
Filing 35
Case Reassigned to U.S. Magistrate Judge Kyle C Dudek. New case number: 2:22-cv-64-JES-KCD. Magistrate Judge Mac R. McCoy no longer assigned to the case. Motion(s) REFERRED: #29 MOTION to Compel Arbitration with Supplemental Local Rule 3.01(g) Certification. Motion(s) referred to Magistrate Judge Kyle C Dudek. (LMF)
|
|
Filing 34
RESPONSE in Opposition re #29 MOTION to Compel Arbitration with Supplemental Local Rule 3.01(g) Certification filed by Bernadette Etienne. (Attachments: #1 Exhibit A Employment Handbook Acknowledgment, #2 Exhibit B Employment Handbook Cover, #3 Exhibit C Arbitration Provision in Handbook)(Scott, Kristie)
|
|
Filing 33
NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 5/10/2022 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 8/2/2022 at 10:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. (FN)
|
|
Filing 32
TEXT ORDER granting in part and denying in part #28 Defendants' Unopposed Motion for a Stay of All Pre-Trial Deadlines Pending a Ruling on their Motion to Compel Arbitration. The Court finds good cause to stay this action for a period of 90 days to allow the Court to resolve the pending motion to compel arbitration (Doc. #29). Immediately upon expiration of the stay, Defendants must respond to Plaintiff's Complaint and file their Notice(s) of Related Action and Corporate Disclosure Statement(s). In the event the motion to compel arbitration remains pending at the end of the 90-day stay, the parties may file a motion seeking to extend the stay. Notwithstanding the stay, Plaintiff must file her response in opposition to Defendants' motion to compel arbitration (Doc. #29) within the time required by M.D. Fla. R. 3.01(c). Additionally, notwithstanding the stay in this action, either party may move the Court for limited discovery relevant to any issues raised in the motion to compel arbitration or Plaintiff's forthcoming response in opposition. The Clerk of Court is directed to reschedule the preliminary pretrial conference for a date after the expiration of the stay. The motion is denied to the extent it seeks any greater or different relief. Signed by Magistrate Judge Mac R. McCoy on 5/3/2022. (CM)
|
|
Filing 31
TEXT ORDER denying as moot #27 Defendants' Motion for a Stay of All Pre-Trial Deadlines Pending a Ruling on their Motion to Compel Arbitration in light of the subsequently filed motion seeking the same relief. (See Doc. #28). Signed by Magistrate Judge Mac R. McCoy on 5/3/2022. (CM)
|
|
Filing 30
TEXT ORDER denying as moot #26 Defendants' Motion to Compel Arbitration and Incorporated Memorandum of Law in light of the subsequently filed motion seeking the same relief. (See Doc. #29). Signed by Magistrate Judge Mac R. McCoy on 5/3/2022. (CM)
|
|
Filing 29
MOTION to Compel Arbitration with Supplemental Local Rule 3.01(g) Certification by All Seasons in Naples, LLC, Oakland Management Corporation. (Attachments: #1 Exhibit A)(Hale, Chase) Motions referred to Magistrate Judge Mac R. McCoy.
|
|
Filing 28
Unopposed MOTION to Stay re 14 Notice of hearing, #26 MOTION to Compel Arbitration and Incorporated Memorandum of Law, #15 Order by All Seasons in Naples, LLC, Oakland Management Corporation. (Hale, Chase)
|
|
Filing 27
MOTION to Stay re 14 Notice of hearing, #26 MOTION to Compel Arbitration and Incorporated Memorandum of Law, #15 Order by All Seasons in Naples, LLC, Oakland Management Corporation. (Hale, Chase)
|
|
Filing 26
MOTION to Compel Arbitration and Incorporated Memorandum of Law by All Seasons in Naples, LLC, Oakland Management Corporation. (Attachments: #1 Exhibit A)(Hale, Chase) Motions referred to Magistrate Judge Mac R. McCoy.
|
|
Filing 25
CASE MANAGEMENT REPORT. (Hale, Chase)
|
|
Filing 24
ORDER denying #18 Motion to Dismiss Count II of Plaintiff's Complaint. Signed by Judge John E. Steele on 4/18/2022. (AFC)
|
|
Filing 23
RESPONSE in Opposition re #18 MOTION to Dismiss Count II of Plaintiff's Complaint filed by Bernadette Etienne. (Scott, Kristie)
|
|
Filing 22
ENDORSED ORDER granting #21 Plaintiff's Consented and Unopposed Motion for Leave to Withdraw Danielle N. Clark as Counsel of Record. Attorney Danielle N. Clark has no further responsibility in this case. The Clerk of Court is directed to terminate Attorney Danielle N. Clark as counsel of record in this case and to remove her from the electronic service list in CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 4/14/2022. (CM)
|
|
Filing 21
MOTION for Danielle N. Clark to Withdraw as Attorney by Bernadette Etienne. (Attachments: #1 Plaintiff's consent to Withdrawal)(Clark, Danielle) Motions referred to Magistrate Judge Mac R. McCoy.
|
|
Filing 20
RULE 7.1 and Amended Local Rule 3.03 Disclosure Statement by Bernadette Etienne. (Scott, Kristie) Modified on 4/5/2022, to correct docket text. (SPB).
|
|
Filing 19
NOTICE of a related action per Local Rule 1.07(c) by Bernadette Etienne. Related case(s): Yes (Scott, Kristie) Modified on 4/5/2022, to edit docket text. (SPB).
|
|
Filing 18
MOTION to Dismiss Count II of Plaintiff's Complaint by All Defendants. (Prather, Laura)
|
|
Filing 17
ENDORSED ORDER granting #13 Defendants' Time Sensitive Motion for Extension of Time to Respond to Plaintiff's Complaint. Although counsel for Defendants was unable to confer with counsel for Plaintiff to determine whether the motion is opposed, the Court finds good cause to grant the motion without awaiting a response. Defendants must respond to Plaintiff's Complaint (Doc. #1) no later than 3/25/2022. Signed by Magistrate Judge Mac R. McCoy on 3/14/2022. (CM)
|
|
Filing 16
ORDER Governing Telephonic Proceedings. Signed by Magistrate Judge Mac R. McCoy on 3/11/2022. (FN)
|
|
Filing 15
ORDER Governing Preliminary Pretrial Conference. Signed by Magistrate Judge Mac R. McCoy on 3/11/2022. (FN)
|
|
Filing 14
NOTICE of Hearing: Telephonic Preliminary Pretrial Conference set for 5/10/2022 at 10:30 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 4/25/2022. 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 13
MOTION for Extension of Time to File Respond to #1 Complaint (Time Sensitive) by All Seasons in Naples, LLC and Oakland Management Corporation. (Prather, Laura) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 3/14/2022, to edit docket title and filers. (SPB).
|
|
Filing 12
CORPORATE Disclosure Statement by Bernadette Etienne. (Scott, Kristie)
|
|
Filing 11
NOTICE of a related action per Local Rule 1.07(c) by Bernadette Etienne. Related case(s): No (Scott, Kristie)
|
|
Filing 10
RETURN of service executed on 2/11/2022 by Bernadette Etienne as to All Seasons in Naples, LLC. (Scott, Kristie)
|
|
Filing 9
RETURN of service executed on 2/11/2022 by Bernadette Etienne as to Oakland Management Corporation. (Scott, Kristie)
|
|
Filing 8
NOTICE of Lead Counsel Designation by Kristie Ann Scott on behalf of Bernadette Etienne. Lead Counsel: Kristie A. Scott. (Scott, Kristie)
|
|
Filing 7
SUMMONS issued as to Oakland Management Corporation. (JK)
|
|
Filing 6
SUMMONS issued as to All Seasons in Naples, LLC. (JK)
|
|
Filing 5
NOTICE to counsel Kristie Ann Scott; Danielle Nicole Clark 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). (JK)
|
|
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)
|
|
Filing 3
CIVIL Action Order Signed by All Divisional Judges on 2/1/2022. (JK)
|
|
Filing 2
NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Mac R. McCoy. New case number: 2:22-cv-0064-JES-MRM. (SJB)
|
|
Filing 1
COMPLAINT against All Seasons in Naples, LLC, Oakland Management Corporation with Jury Demand (Filing fee $ 402 receipt number BFLMDC-19179759) filed by Bernadette Etienne. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Scott, Kristie)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
