Levine v. Walmart Stores East, LP. et al
Plaintiff: Diane Patricia Levine
Defendant: Walmart Stores East, LP., John Doe and Wal-Mart Stores East, LP
Not Classified By Court: Peter Abraham
Case Number: 2:2023cv00837
Filed: October 4, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Kyle C Dudek
Referring Judge: Nicholas P Mizell
2 Judge: John E Steele
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 4, 2023 Filing 19 CASE REFERRED to Mediation. (JK)
December 4, 2023 Opinion or Order Filing 18 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 11/1/2024, Dispositive motions due by 11/29/2024, Pretrial statement due by 5/16/2025, Plaintiff disclosure of expert report due by 8/2/2024 Defendant disclosure of expert report due by 9/2/2024, Final Pretrial Conference set for 5/30/2025 at 09:30 AM before Judge John E. Steele Jury Trial term 6/2/2025 at 09:00 AM before Judge John E. Steele, Conduct mediation hearing by 11/8/2024. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 12/4/2023. (WRW)
December 1, 2023 Filing 17 NOTICE of Appearance by Jovanni C. Fiallo on behalf of Diane Patricia Levine (Fiallo, Jovanni)
December 1, 2023 Filing 16 NOTICE TO COUNSEL Glen B. Levine, Jovanni C. Fiallo 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. 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). (ABM)
November 30, 2023 Filing 15 Minute Entry. Telephonic Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 14 ORAL Motion for Extension of Time to File Interested Persons Disclosure; granting 14 JOINT ORAL Motion to conduct mediation by videoconference. However, if any party wishes to mediate in-person, the mediation shall take place in-person. PRELIMINARY PRETRIAL CONFERENCE held on 11/30/2023. (DIGITAL) (WRW)
November 30, 2023 Filing 14 ORAL MOTION for Extension of Time to File Interested Persons Disclosure, JOINT ORAL MOTION to conduct mediation by videoconference. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
November 17, 2023 Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Wal-Mart Stores East, LP. Related case(s): No (Griffin, George)
November 17, 2023 Filing 12 CASE MANAGEMENT REPORT. (Griffin, George)
October 10, 2023 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement by Walmart Stores East, LP.. (Sharkey Ross, Amanda)
October 10, 2023 Filing 10 NOTICE of hearing: Preliminary Pretrial Conference set for 11/30/2023 at 10:45 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report by 11/20/2023. 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: 23837. 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)
October 6, 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)
October 6, 2023 Filing 8 NOTICE of Appearance by George Brian Griffin on behalf of Walmart Stores East, LP. (Griffin, George)
October 5, 2023 Filing 7 Case Reassigned to Magistrate Judge Nicholas P. Mizell. New case number: 2:23-cv-837-JES-NPM. (LMF)
October 5, 2023 Filing 6 ANSWER and affirmative defenses to #5 Complaint with Jury Demand by Walmart Stores East, LP.(Orignially filed in State Court on 06/15/2023)(JDR)
October 5, 2023 Filing 5 COMPLAINT against All Defendants with Jury Demand filed by Diane Patricia Levine. (Originally filed in State Court on 03/17/2023)(JDR)
October 5, 2023 Filing 4 CIVIL Action Order. Signed by All Divisional Judges on 10/5/2023. (CGW)
October 4, 2023 Opinion or Order Filing 3 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 10/4/2023. (BLW)
October 4, 2023 Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-00837-JES-KCD. (JG)
October 4, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Collier County Clerk of Court, case number 23-CA-541 filed in State Court on 03/17/23. Filing fee $402, receipt number AFLMDC-21322820 filed by Walmart Stores East, LP.. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 State Court Other Documents, #4 Exhibit D - Customer Incident Report, redacted, #5 State Court ANSWER, #6 State Court Docket Sheet, #7 Civil Cover Sheet Civil Cover Sheet)(Sharkey Ross, Amanda) (Modified on 10/5/2023 to edit docket text) (JDR).

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Search for this case: Levine v. Walmart Stores East, LP. et al
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Plaintiff: Diane Patricia Levine
Represented By: Glen B. Levine
Represented By: Jovanni C. Fiallo
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Defendant: Walmart Stores East, LP.
Represented By: George Brian Griffin
Represented By: Amanda J. Sharkey Ross
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Defendant: John Doe
Represented By: George Brian Griffin
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Defendant: Wal-Mart Stores East, LP
Represented By: Amanda J. Sharkey Ross
Represented By: George Brian Griffin
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Not classified by court: Peter Abraham
Represented By: Peter Abraham
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