Marano v. Sam's East, Inc. et al
| MARIA F MARANO and Maria F. Marano |
| Sam's East, Inc. and JEFF WILLIAMS |
| 2:2023cv01204 |
| December 20, 2023 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.
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Filing 29
TEXT ORDER. The parties have filed a Joint Stipulation for Dismissal of [Defendant] Jeff Williams (Doc. #28). The Stipulation is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, the Clerk of Court is DIRECTED to terminate Defendant Jeff Williams. Signed by Judge John L. Badalamenti on 2/15/2024. (AMB)
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Filing 28
JOINT STIPULATION of Dismissal of Jeff Williams by Sam's East, Inc., Jeff Williams. (Reed, Gregory) Modified text to remove capitalization on 2/14/2024 (LSS).
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Filing 27
NOTICE of a related action per Local Rule 1.07(c) by Sam's East, Inc., Jeff Williams. Related case(s): No (Smothers, Julian)
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Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/11/2024; Joinder of Parties due by 3/11/2024; 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 01:30 PM via Zoom Video Conference before Judge John L. Badalamenti; Jury Trial set for 10/1/2025 trial term in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Conduct mediation hearing by 3/7/2025. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 2/6/2024. (CGW) Modified text on 2/6/2024 (GL).
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Filing 24
NOTICE of a related action per Local Rule 1.07(c) by Maria F. Marano. Related case(s): No (Davis, Brian)
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Filing 23
Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: granting 21 ORAL Motion for Extension of Time for Plaintiff to File Notice of Related Action by 2/20/24; granting 22 JOINT ORAL Motion for Extension of Time for all parties to File Notice of Selection of Mediator within 14 days; PRELIMINARY PRETRIAL CONFERENCE held on 2/6/2024. (Digital) (CGW)
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Filing 22
JOINT ORAL MOTION for Extension of Time to File Notice of Selection of Mediator within 14 days by All Parties. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 21
ORAL MOTION for Extension of Time to File Notice of Related Action by 2/20/24 by Maria F. Marano. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 20
ORDER denying #15 Motion to Remand to State Court. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2/5/2024. (CGW)
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Filing 19
CASE MANAGEMENT REPORT. (Reed, Gregory)
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Filing 18
CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Maria F. Marano. (Davis, Brian)
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Filing 17
CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Sam's East, Inc. (Smothers, Julian) Modified on 1/30/2024 to edit the docket text (RPB).
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Filing 16
RESPONSE in Opposition re #15 Amended MOTION to Remand to State Court Defendant's Response and Memorandum of Law in Opposition to Plaintiff's Second Amended Motion for Remand, [DE 15] filed by Sam's East, Inc., Jeff Williams. (Smothers, Julian) Modified caps on 1/24/2024 (LAB).
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Filing 15
Second Amended MOTION to Remand to State Court by Maria F. Marano. (Attachments: #1 Exhibit)(Davis, Brian) Motions referred to Magistrate Judge Kyle C. Dudek. Modified on 1/9/2024 to edit docket text (JDR).
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Filing 14
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #12 Plaintiff's Amended Motion to Remand. Local Rule 3.01(g)(2)(C) requires that the movant "explain the means by which the conference occurred." The certification here merely states that the parties conferred. Further, under the Civil Action Order (Doc. #3 at 6-7), "the term 'confer' requires a substantive conversation in person, by telephone, or via videoconference. It does not envision an exchange of ultimatums by email or letter." Signed by Magistrate Judge Kyle C. Dudek on 1/9/2024. (BLW)
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Filing 13
ENDORSED ORDER denying as moot #11 Plaintiff's Motion to Remand because Plaintiff filed an amended motion at Doc. #12. Signed by Magistrate Judge Kyle C. Dudek on 1/5/2024. (BLW)
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Filing 12
Amended MOTION to Remand to State Court by Maria F. Marano. (Attachments: #1 Exhibit Complaint)(Davis, Brian) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 11
MOTION to Remand to State Court by Maria F. Marano. (Davis, Brian) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 10
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 10:00 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 9
NOTICE of Lead Counsel Designation by Brian Michael Davis on behalf of Maria F. Marano. Lead Counsel: Brian M. Davis, Esquire. (Davis, Brian)
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Filing 8
NOTICE of Lead Counsel Designation by Gregory A. Reed on behalf of Sam's East, Inc., Jeff Williams. Lead Counsel: Gregory A. Reed. (Reed, Gregory)
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Filing 7
ANSWER and affirmative defenses to #6 Complaint by Sam's East, Inc. Filed in state court on 9/7/2023.(EAM)
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Filing 6
COMPLAINT against Sam's East, Inc., Jeff Williams with Jury Demand filed by Maria F. Marano. Filed in state court on 3/24/2023.(EAM)
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Filing 5
NOTICE TO COUNSEL Brian Michael Davis, Piercy Joseph Stakelum, IV, Tyler Bruce Nicoll, Julian Michael Smothers, Gregory A. Reed 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). (EAM)
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Filing 4
NOTICE of hearing: Preliminary Pretrial Conference set for 2/5/2024 at 10:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 1/29/2024. Zoom instructions will be sent via separate email to counsel of record. (CGW)
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Filing 3
CIVIL Action Order. Signed by All Divisional Judges on 12/22/2023. (CGW)
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Filing 2
NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-1204-JLB-KCD. (RLK)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from the Twentieth Judicial Circuit Court, Collier County, case number 2023-CA-001640 filed in State Court on 03/24/2023. Filing fee $405, receipt number AFLMDC-21586901 filed by Jeff Williams, Sam's East, Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet, #6 Exhibit C, #7 Exhibit D)(Reed, Gregory) Modified on 12/22/2023 to edit docket text (EAM).
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