McCluskey v. Walmart Stores East, LP.
Plaintiff: Angela Darlene McCluskey
Defendant: Walmart Stores East, LP.
Case Number: 2:2023cv00594
Filed: August 7, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Kyle C Dudek
2 Judge: Nicholas P Mizell
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2023 Opinion or Order Filing 18 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/27/2024, Dispositive motions due by 10/25/2024, Plaintiff disclosure of expert report due by 6/28/2024 Defendant disclosure of expert report due by 7/29/2024 Final Pretrial Conference set for 4/25/2025 at 01:30 PM before Judge John L. Badalamenti, Jury Trial term 5/5/2025 at 09:00 AM before Judge John L. Badalamenti Conduct mediation hearing by 10/4/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 10/2/2023. (WRW)
September 28, 2023 Filing 17 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 16 ORAL Motion for Extension of Time to File Interested Persons Disclosure; PRELIMINARY PRETRIAL CONFERENCE held on 9/28/2023. (DIGITAL) (WRW)
September 28, 2023 Filing 16 ORAL MOTION for Extension of time to file Interested Persons Disclosure. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
September 28, 2023 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Angela Darlene McCluskey. (Volkmann, Eve)
September 28, 2023 Filing 14 NOTICE of Lead Counsel Designation by Eve T.K. Volkmann on behalf of Angela Darlene McCluskey. Lead Counsel: Eve TK Volkmann. (Volkmann, Eve)
September 21, 2023 Filing 13 ANSWER and affirmative defenses to #5 Complaint with Jury Demand by Walmart Stores East, LP.(JTM)
September 13, 2023 Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Walmart Stores East, LP.. Related case(s): No (Tanner, Madison)
September 13, 2023 Filing 11 CASE MANAGEMENT REPORT. (Tanner, Madison)
September 5, 2023 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Walmart Stores East, LP.. (Sharkey Ross, Amanda)
September 5, 2023 Filing 9 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)
September 5, 2023 Filing 8 NOTICE of Appearance by Madison Allen Tanner on behalf of Walmart Stores East, LP. (Tanner, Madison)
August 15, 2023 Filing 7 NOTICE of hearing: Preliminary Pretrial Conference set for 9/28/2023 at 10:30 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 9/18/2023. 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: 23594. 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)
August 10, 2023 Filing 6 Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-594-JLB-NPM. Magistrate Judge Kyle C. Dudek no longer assigned to the case. (SMG)
August 8, 2023 Filing 5 COMPLAINT against Walmart Stores East, LP. with Jury Demand filed by Angela Darlene McCluskey. FILED in State Court on 3/21/2023.(JTM)
August 8, 2023 Opinion or Order Filing 4 ENDORSED ORDER. Upon review of the docket, because Judge Dudek was formerly employed by the law firm representing Defendant, he finds that he must recuse himself so as to avoid even the appearance of partiality or impropriety. See 28 U.S.C. 455(a). Judge Dudek hereby disqualifies himself from these proceedings, pursuant to 455(a) and in the interest of justice. The case shall be transferred to the next assigned Magistrate Judge in the Fort Myers Division. Signed by Magistrate Judge Kyle C. Dudek on 8/8/2023. (BLW)
August 7, 2023 Filing 3 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-594-JLB-KCD. (AET)
August 7, 2023 Filing 2 CIVIL Action Order Signed by All Divisional Judges on 8/7/2023. (WRW)
August 7, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Lee County Clerk Court, case number 2023-CA-003178 filed in State Court on March 21, 2023. Filing fee $402, receipt number AFLMDC-21118833 filed by Walmart Stores East, LP. (Attachments: #1 State Court COMPLAINT Exhibit A - Complaint, #2 Exhibit B - Pltf's RRTP, #3 Exhibit C - Bills, #4 State Court Other Documents Exhibit D- State Court Other Documents, #5 Exhibit E - Pltf's Answers to Def.'s Rogs Redacted, #6 State Court ANSWER, #7 State Court Docket Sheet, #8 Civil Cover Sheet (Sharkey Ross, Amanda) Modified on 9/21/2023 (JTM).

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Plaintiff: Angela Darlene McCluskey
Represented By: Eve T.K. Volkmann
Represented By: Christopher Joseph Smith
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Defendant: Walmart Stores East, LP.
Represented By: Madison Allen Tanner
Represented By: Amanda J. Sharkey Ross
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