Rivera v. Walmart Stores East, LP
Plaintiff: Joseph Rivera
Defendant: Walmart Stores East, LP and John Doe
Case Number: 2:2023cv00075
Filed: February 2, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Nicholas P Mizell
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2023 Opinion or Order Filing 21 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/25/2023; Joinder of Parties due by 9/25/2023; Discovery due by 5/3/2024; Dispositive motions due by 5/31/2024; Pretrial statement due by 11/15/2024; All other motions due by 11/11/2024; Plaintiff disclosure of expert report due by 2/3/2024; Defendant disclosure of expert report due by 3/4/2024; Final Pretrial Conference set for 11/29/2024 at 01:30 PM via Zoom Video Conference before Judge John L. Badalamenti; Jury Trial set for 12/2/2024 trial term in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Conduct mediation hearing by 5/10/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 3/30/2023. (CGW)
March 30, 2023 Filing 19 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 18 ORAL Motion for Extension of Time to File Interested Persons Disclosure; PRELIMINARY PRETRIAL CONFERENCE held on 3/30/2023. (DIGITAL) (WRW)
March 30, 2023 Filing 18 ORAL MOTION for Extension of Time to File Interested Persons Disclosure. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
March 21, 2023 Filing 17 REPLY to Response to Motion re #13 MOTION for Miscellaneous Relief, specifically Leave to Respond to Defendant's Response to Plaintiff's Motion for Remand to Lee County, Florida, #11 MOTION to Remand to State Court filed by Joseph Rivera. (Delpercio, Collins)
March 17, 2023 Opinion or Order Filing 16 ENDORSED ORDER granting #13 plaintiff's motion for leave to file a reply. By March 24, 2023, plaintiff may file a reply of no more than seven pages in further support of its motion for remand. Signed by Magistrate Judge Nicholas P. Mizell on 3/17/2023. (BB)
March 16, 2023 Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Walmart Stores East, LP. Related case(s): No (Tanner, Madison)
March 16, 2023 Filing 14 CASE MANAGEMENT REPORT. (Tanner, Madison)
March 15, 2023 Filing 13 MOTION for Leave to Respond to #12 Defendant's Response in Opposition to #11 Plaintiff's Motion for Remand and Memorandum of Law by Joseph Rivera. (Delpercio, Collins) Motions referred to Magistrate Judge Nicholas P. Mizell. (Modified on 3/16/2023 to edit docket text and relationship) (JDR).
March 8, 2023 Filing 12 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Walmart Stores East, LP. (Tanner, Madison)
February 22, 2023 Filing 11 MOTION to Remand to State Court by Joseph Rivera. (Attachments: #1 Exhibit Plaintff's Complaint, #2 Exhibit Plaintiff's Amended Complaint, #3 Exhibit Plaintiff's Demand Letter 11.17.2021, #4 Exhibit Plaintiff's Demand Letter 12.7.2021, #5 Exhibit Plaintiff's Response to Defendant's Request for Admissions)(Delpercio, Collins)
February 6, 2023 Filing 10 NOTICE of hearing: Preliminary Pretrial Conference set for 3/30/2023 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 3/20/2023. 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: 23075. 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)
February 2, 2023 Filing 9 NOTICE to counsel Collins S. Delpercio; Thomas H. Leeder of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JK)
February 2, 2023 Filing 8 CIVIL Action Order Signed by All Divisional Judges on 2/2/2023. (JK)
February 2, 2023 Filing 7 ANSWER and affirmative defenses with Jury Demand to #6 Amended Complaint by Walmart Stores East, LP. FILED in State Court on 11/21/2022.(JK)
February 2, 2023 Filing 6 AMENDED COMPLAINT against John Doe, Walmart Stores East, LP with Jury Demand. filed by Joseph Rivera. FILED in State Court on 11/15/2022.(JK)
February 2, 2023 Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by Walmart Stores East, LP. (Sharkey Ross, Amanda)
February 2, 2023 Filing 4 NOTICE of Lead Counsel Designation by Amanda J. Sharkey Ross on behalf of Walmart Stores East, LP. Lead Counsel: Amanda J. Sharkey Ross. (Sharkey Ross, Amanda)
February 2, 2023 Filing 3 NOTICE of Appearance by Madison Allen Tanner on behalf of Walmart Stores East, LP (Tanner, Madison)
February 2, 2023 Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-0075-JLB-NPM. (SJB)
February 2, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County Circuit Court, case number 22-CA-4613 filed in State Court on 11/01/22. Filing fee $402, receipt number AFLMDC-20466371 filed by Walmart Stores East, LP. (Attachments: #1 State Court AMENDED COMPLAINT, #2 State Court Other Documents Exhibit B - Pltf's RRFA, #3 State Court Other Documents Exhibit C - Pleadings, #4 State Court Other Documents Exhibit D - Pltf's Ans. to ROGS, redacted, #5 State Court ANSWER, #6 State Court Docket Sheet, #7 Civil Cover Sheet)(Sharkey Ross, Amanda) Modified text on 2/2/2023 (JK).

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Plaintiff: Joseph Rivera
Represented By: Collins S. Delpercio
Represented By: Thomas H. Leeder
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Defendant: Walmart Stores East, LP
Represented By: Amanda J. Sharkey Ross
Represented By: Madison Allen Tanner
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Defendant: John Doe
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