Bonner v. Burlington Stores, Inc.
| DAMEON BONNER |
| Burlington Stores, Inc., KAYLEE DOE and LISA DOE |
| 2:2023cv01182 |
| December 14, 2023 |
| US District Court for the Middle District of Florida |
| Kyle C Dudek |
| John E Steele |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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Filing 37
ENDORSED ORDER granting #36 Unopposed Motion to Withdraw as Counsel. Attorneys Jorge J. Bofill and James N. Hurley will have no further responsibility for this action. The clerk will discontinue sending CM/ECF notices to Bofill and Hurley and terminate them from this case. Signed by Magistrate Judge Kyle C. Dudek on 2/9/2024. (BLW)
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| Filing 36 Unopposed MOTION for Jorge J. Bofill, Esq. and James N. Hurley to Withdraw as Attorney by Burlington Stores, Inc. (Bofill, Jorge) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 2/9/2024 (GL). |
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Filing 35
ENDORSED ORDER striking #30 Notice of change of address as improperly filed. Counsel is obligated to keep their contact information current in CM/ECF, which is where service information is pulled. The Court will not entertain address or name changes by notice. Further, for the second time, the Court informs the parties that future filings must comply with the typography requirements of Local Rule 1.08. Signed by Magistrate Judge Kyle C. Dudek on 2/9/2024. (BLW)
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Filing 34
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #33 Motion to Dismiss. Signed by Judge John E. Steele on 2/9/2024. (RKR)
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| Filing 33 MOTION to Dismiss Third Amended Complaint by Burlington Stores, Inc. (Villa de Rey, Antonio) Modified text on 2/9/2024 (GL). |
| Filing 32 CORPORATE Disclosure Statement by Burlington Stores, Inc. identifying Corporate Parent Burlington Stores, Inc. for Burlington Stores, Inc... (Villa de Rey, Antonio) |
| Filing 31 NOTICE of a related action per Local Rule 1.07(c) by Burlington Stores, Inc.. Related case(s): No (Villa de Rey, Antonio) |
| Filing 30 **STRICKEN PER ORDER 35** NOTICE of change of address by Antonio B Villa de Rey, I (Villa de Rey, Antonio) Modified text on 2/9/2024 (GL). |
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Filing 28
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/13/2024; Joinder of Parties due by 2/13/2024; Discovery due by 2/28/2025; Dispositive motions due by 3/28/2025; Pretrial statement due by 9/12/2025; All other motions due by 9/8/2025; Plaintiff disclosure of expert report due by 11/30/2024; Defendant disclosure of expert report due by 12/30/2024; Final Pretrial Conference set for 9/26/2025 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 10/1/2025 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 3/7/2025. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 2/6/2024. (CGW)
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| Filing 27 NOTICE of a related action per Local Rule 1.07(c) by Dameon Bonner. Related case(s): No (Adelman, Jeffrey) |
| Filing 26 NOTICE OF SELECTION of Charles A. Mancuso as mediator by Dameon Bonner.(Adelman, Jeffrey) |
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Filing 25
ENDORSED ORDER. Before the court is a Stipulation for Substitution of Counsel filed by defense counsel (Doc. #20). The Court's local rules do not permit an attorney to withdraw stipulation, nor by substitution. See Local Rule 2.02(c). Counsel are directed to review Local Rule 2.02(c). Then, the lawyers (not the lawyer's law firm) may file a motion to withdraw in compliance with that rule. Signed by Magistrate Judge Kyle C. Dudek on 2/6/2024. (BLW)
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| Filing 24 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 21 ORAL Motion for Extension of Time to File Plaintiff's Notice of Related Action by 2/13/24; granting 22 ORAL Motion for Extension of Time to File Defendant's Corporate Disclosure Statement by 2/20/24; granting 23 JOINT ORAL Motion for Extension of Time to File for all parties to file Notice of Selection of Mediator within 14 days; PRELIMINARY PRETRIAL CONFERENCE held on 2/6/2024. (Digital) (CGW) |
| Filing 23 JOINT ORAL MOTION for Extension of Time to File Notice of Selection of Mediator within 14 days by Dameon Bonner, Burlington Stores, Inc. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 22 ORAL MOTION for Extension of Time to File Corporate Disclosure Statement by 2/20/24 by Burlington Stores, Inc. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 21 ORAL MOTION for Extension of Time to File Notice of Related Action by 2/13/24 by Dameon Bonner. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 20 STIPULATION for Substitution of Counsel by Burlington Stores, Inc.. (Hurley, James) |
| Filing 19 CASE MANAGEMENT REPORT. (Adelman, Jeffrey) |
| Filing 18 THIRD AMENDED COMPLAINT against Burlington Stores, Inc. with Jury Demand. filed by Dameon Bonner.(Adelman, Jeffrey) (Modified on 1/18/2024, to edit text) (BGR). |
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Filing 17
ENDORSED ORDER granting #16 Plaintiff's unopposed motion for leave to amend. Plaintiff must file its amended pleading as a separate docket entry. Before doing so, Plaintiff must ensure that the amended pleading complies with the typography requirements of Local Rule 1.08. For example, if Times New Roman is used, the main text must be at least 14-point font. Defendant must respond to the amended pleading within 21-days of its filing. Signed by Magistrate Judge Kyle C. Dudek on 1/18/2024. (BLW)
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| Filing 16 AMENDED MOTION to Amend #3 Second Amended Complaint by Dameon Bonner. (Attachments: #1 Exhibit Exhibit A to Amended Motion to Amend Complaint)(Adelman, Jeffrey) Motions referred to Magistrate Judge Kyle C. Dudek. (Modified on 1/18/2024, to edit text) (BGR). |
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Filing 15
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #14 Plaintiff's Motion to Amend the Complaint. Plaintiff must confer with opposing counsel and denote their positions with respect to the relief sought. Any renewed motion must indicate in its Rule 3.01(g) certification the manner of conferral and any agreements reached. Future filings must comply with the typography requirements of Local Rule 1.08. Signed by Magistrate Judge Kyle C. Dudek on 1/18/2024. (BLW)
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| Filing 14 MOTION to Amend #3 Second Amended Complaint by Dameon Bonner. (Attachments: #1 Exhibit Exhibit A to Motion to Amend Complaint)(Adelman, Jeffrey) Motions referred to Magistrate Judge Kyle C. Dudek. (Modified on 1/18/2024, to edit text) (BGR). |
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Filing 13
ENDORSED ORDER. The Court denied Defendant's motion to dismiss without prejudice. (Doc. #11.) Since that time, Defendant has not responded to the second amended complaint. Defendant must do so by 1/24/24. Signed by Magistrate Judge Kyle C. Dudek on 1/17/2024. (BLW)
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| Filing 12 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 2/5/24 is rescheduled. New scheduling date and time: Preliminary Pretrial Conference set for 2/6/2024 at 09:30 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. The Zoom instructions and link previously sent via email to counsel of record will remain the same. (CGW) |
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Filing 11
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #10 Motion to Dismiss; Motion for More Definite Statement. Signed by Judge John E. Steele on 12/29/2023. (RKR)
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| Filing 10 First MOTION to Dismiss Plaintiff's Second Amended Complaint #3 contained within #1 Notice of Removal (State Court Complaint) or Alternative MOTION for More definitive statement with Incorporated Memorandum of Law by Burlington Stores, Inc. (Bofill, Jorge) . Added MOTION for More Definite Statement and modified docket text on 12/22/2023 (AJS). |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #6 Civil Action Order by Dameon Bonner. (Adelman, Jeffrey) |
| Filing 8 NOTICE of Lead Counsel Designation by Michael A. Garcia on behalf of Burlington Stores, Inc. Lead Counsel: Michael Alexander Garcia. (Garcia, Michael) Modified on 12/19/2023 to edit text (ABC). |
| Filing 7 NOTICE of hearing: Preliminary Pretrial Conference set for 2/5/2024 at 09:30 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 1/23/2024. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
| Filing 6 CIVIL Action Order. Signed by All Divisional Judges on 12/18/2023. (CGW) |
| Filing 5 NOTICE of Designation of Lead Counsel by Dameon Bonner re 4 Notice to Counsel of Local Rule 2.02(a) (Adelman, Jeffrey) Modified on 12/18/2023 to edit docket text (AJS). |
| Filing 4 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). (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-1182-JES-KCD. (ARC) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit, case number 23-CA-002389 filed in State Court on 05/18/2023. Filing fee $405, receipt number AFLMDC-21565886 filed by Burlington Stores, Inc.. (Attachments: #1 Exhibit 1 - Amended Complaint, #2 Exhibit 2 - Summons and Proof of Service, #3 Exhibit 3 - P's Responses to RFA and Roggs, #4 Exhibit 4 - P's Response to D's RFP, #5 Exhibit 5 - Docket Sheet and all pleadings, #6 Civil Cover Sheet)(Bofill, Jorge) |
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