Norvilus-Foreste v. Walmart Stores East, LP et al
Plaintiff: Elianise Norvilus-Foreste
Defendant: Walmart Stores East, LP and John Doe
Case Number: 2:2023cv00163
Filed: March 10, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
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 June 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2023 Opinion or Order Filing 21 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (SEH)
May 5, 2023 Opinion or Order Filing 20 NOTICE of Appearance by Robert Vardaman White on behalf of Walmart Stores East, LP (White, Robert)
May 4, 2023 Opinion or Order Filing 19 CASE MANAGEMENT REPORT. (Sharkey Ross, Amanda)
May 1, 2023 Opinion or Order Filing 18 RESPONSE to Motion re #16 Second MOTION to Amend Complaint, #17 Second MOTION to Remand to State Court filed by Walmart Stores East, LP. (Sharkey Ross, Amanda)
April 18, 2023 Opinion or Order Filing 17 Second MOTION to Remand to State Court by All Plaintiffs. (Hermida, Andres)
April 18, 2023 Opinion or Order Filing 16 Second MOTION to Amend #4 COMPLAINT by All Plaintiffs. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Amended Complaint)(Hermida, Andres) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 4/20/2023 (SEH).
April 12, 2023 Opinion or Order Filing 15 ORDERED: Plaintiff Norvilus-Foreste's Motion for Leave to Amend Complaint (Doc. #9) is DENIED. Plaintiff Norvilus-Foreste's Motion to Remand (Doc. #10) is DENIED as moot. Defendant Walmart's Motion to Dismiss John Doe (Doc. #12) is DENIED. Signed by Judge Sheri Polster Chappell on 4/12/2023. (AEH)
April 12, 2023 Opinion or Order Filing 14 ORDER. The Court will take no further action on its Order to Show Cause (Doc. #7) at this time. Signed by Judge Sheri Polster Chappell on 4/12/2023. (AEH)
April 12, 2023 Opinion or Order Filing 13 RESPONSE to Motion re #10 MOTION to Remand to State Court and #9 MOTION to Amend Complaint filed by Walmart Stores East, LP. (Sharkey Ross, Amanda) Modified text on 4/14/2023 (SEH).
March 30, 2023 Opinion or Order Filing 12 MOTION to Dismiss Defendant John Doe for Failure to Serve Process by Walmart Stores East, LP. (Sharkey Ross, Amanda)
March 29, 2023 Opinion or Order Filing 11 NOTICE of hearing: Preliminary Pretrial Conference set for 5/11/2023 at 10:45 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 5/8/2023. 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: 23163. 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)
March 29, 2023 Opinion or Order Filing 10 MOTION to Remand to State Court by Elianise Norvilus-Foreste. (Hermida, Andres)
March 29, 2023 Opinion or Order Filing 9 MOTION to Amend Complaint by Elianise Norvilus-Foreste. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Amended Complaint)(Hermida, Andres) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified text on 3/30/2023 (SEH).
March 24, 2023 Opinion or Order Filing 8 MOTION to Supplement #7 Order to show cause, by Walmart Stores East, LP. (Sharkey Ross, Amanda) Motions referred to Magistrate Judge Nicholas P. Mizell.
March 15, 2023 Opinion or Order Filing 7 ORDERED: Defendant Walmart must SUPPLEMENT its Notice of Removal on or before March 24, 2023, to show cause why this case should not be remanded for lack of subject-matter jurisdiction. Failure to comply with this Order will cause this case to be remanded without further notice. Signed by Judge Sheri Polster Chappell on 3/15/2023. (AEH)
March 10, 2023 Opinion or Order Filing 6 CIVIL Action Order Signed by All Divisional Judges on 3/10/2023. (JK)
March 10, 2023 Opinion or Order Filing 5 ANSWER and affirmative defenses to #4 Complaint with Jury Demand by Walmart Stores East, LP. FILED in State Court on 12/15/2022.(JK)
March 10, 2023 Opinion or Order Filing 4 COMPLAINT against Walmart Stores East, LP with Jury Demand filed by Elianise Norvilus-Foreste. FILED in State Court on 11/09/2022.(JK)
March 10, 2023 Opinion or Order Filing 3 NOTICE TO COUNSEL Andres Hermida 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). (MLJ)
March 10, 2023 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-163-SPC-NPM. (MLJ)
March 10, 2023 Opinion or Order Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Clerk of Court, case number 2022-CA-001912 filed in State Court on 11/09/22. Filing fee $402, receipt number AFLMDC-20596582 filed by Walmart Stores East, LP. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 State Court Other Documents - Pltf's RRFA, #4 State Court ANSWER, #5 State Court Docket Sheet, #6 Civil Cover Sheet)(Sharkey Ross, Amanda) Modified text on 3/10/2023 (JK).

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Plaintiff: Elianise Norvilus-Foreste
Represented By: Andres Hermida
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Defendant: Walmart Stores East, LP
Represented By: Amanda J. Sharkey Ross
Represented By: Robert Vardaman White
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Defendant: John Doe
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