Lemus v. Richison
| CONZUELO LEMUS |
| CHAD R. RICHISON as Trustee of the CHAD R. RICHISON REVOCABLE TRUST and Chad R. Richison |
| 2:2024cv00151 |
| February 16, 2024 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kyle C Dudek |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 12, 2024. A more recent docket listing may be available from PACER.
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| Filing 30 NOTICE TO COUNSEL Robin Alistair Rios of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. 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). (AEH) |
| Filing 28 Case Reassigned to Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-151-KCD. Judge Sheri Polster Chappell no longer assigned to the case. (RPB) |
Filing 27
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/8/2024; Joinder of Parties due by 5/8/2024; Discovery due by 4/25/2025; Dispositive motions due by 5/23/2025; Plaintiff disclosure of expert report due by 1/25/2025; Defendant disclosure of expert report due by 2/24/2025. Signed by Magistrate Judge Kyle C. Dudek on 4/8/2024. (CGW)
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| Filing 26 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: PRELIMINARY PRETRIAL CONFERENCE held on 4/8/2024. (Digital) (CGW) |
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Filing 25
ENDORSED ORDER granting the parties' joint motion to consent to proceed with United States Magistrate Judge Kyle C. Dudek. (Doc. 24). This action is referred to Judge Dudek to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Accordingly, the Clerk is DIRECTED to reassign this action to Judge Dudek. Signed by Judge Sheri Polster Chappell on 4/8/2024. (LAH)
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| Filing 24 JOINT ORAL MOTION to onsent to Trial by Magistrate by All Parties. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 22 CASE MANAGEMENT REPORT. (Parker, Rhett) |
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Filing 21
ENDORSED ORDER. Before the Court is Defendant's Supplement to its Notice of Removal. (Doc. #20). The Court directed Defendant to supplement to show proper diversity of the parties. (Doc. 19). Based on the Response, the Court will take no further action on its Order. Signed by Judge Sheri Polster Chappell on 3/14/2024. (BB)
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| Filing 20 SUPPLEMENT re 19 Order #1 Notice of Removal by Chad R. Richison. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Parker, Rhett) |
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Filing 19
ENDORSED ORDER. Defendant's Notice of Removal incorrectly relies on the parties' residence to establish diversity jurisdiction. A person is a citizen where he is domiciled, not necessarily where he resides. See McCormick v. Aderholt, 293 F.3d 1254, 1257 (11th Cir. 2002). By March 18, 2024, Defendant must SUPPLEMENT his Notice of Removal to show cause why this action should not be remanded for lack of subject-matter jurisdiction. Signed by Judge Sheri Polster Chappell on 3/11/2024. (BB)
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| Filing 18 SEALED DOCUMENT Exhibit B to #1 Notice of Removal by Chad R. Richison (Dahdah, Evan). (Permission to file under seal granted in Endorsed Order 17.) Modified text on 2/26/2024 (BD). |
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Filing 17
ENDORSED ORDER granting #16 Defendant's Amended Unopposed Motion to Seal Under HIPPA. Defendant has overcome the presumption of public access and shown good cause for filing Exhibit B to Defendant's Notice of Removal under seal. Sealing is necessary because Exhibit B is protected by HIPPA, as it contains sensitive, private, and confidential information. Defendant must file Exhibit B using the "sealed motion" event in CM/ECF. Exhibit B will remain under seal until 90 days after the case is closed and all appeals are exhausted. Counsel for Plaintiff and counsel for Defendant are authorized to retrieve the sealed item. Signed by Magistrate Judge Kyle C. Dudek on 2/23/2024. (BLW)
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| Filing 16 Amended MOTION for leave to file DOCUMENT (Exhibit B to Notice of Removal) under seal by Chad R. Richison (Dahdah, Evan).Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 15 ANSWER and affirmative defenses to #4 Complaint by Chad R. Richison.(Dahdah, Evan) |
| Filing 14 CERTIFICATE of counsel DISCLOSURE STATEMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 7.1 AND LOCAL RULE 3.03 by Jesse Bernheim on behalf of Conzuelo Lemus (Bernheim, Jesse) |
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Filing 13
ENDORSED ORDER denying without prejudice #2 Motion to Seal for failure to supplement the 3.01(g) certification as required. Defendant can re-file the motion once the conferral process is complete. Signed by Magistrate Judge Kyle C. Dudek on 2/21/2024. (Dudek, Kyle)
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| Filing 12 NOTICE of Lead Counsel Designation by Jesse Bernheim on behalf of Conzuelo Lemus. Lead Counsel: Jesse N. Bernheim. (Bernheim, Jesse) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Chad R. Richison. Related case(s): No (Parker, Rhett) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Chad R. Richison. (Parker, Rhett) |
| Filing 9 NOTICE TO COUNSEL Robin Alistair Rios of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. 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). (GL) |
| Filing 8 NOTICE TO COUNSEL Robin Alistair Rios and Jesse Bernheim 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). (GL) |
| Filing 7 NOTICE of Lead Counsel Designation by Rhett Conlon Parker on behalf of Chad R. Richison. Lead Counsel: Rhett C. Parker. (Parker, Rhett) |
| Filing 6 NOTICE of hearing: Preliminary Pretrial Conference set for 4/8/2024 at 09:15 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 3/27/2024. Zoom instructions will be sent via separate email to counsel of record. (CGW) |
| Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 2/20/2024. (CGW) |
| Filing 4 COMPLAINT against Chad R. Richison with Jury Demand filed by Conzuelo Lemus. (Filed in State Court on 3/18/2023). (MCB) |
| Filing 3 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-151-SPC-KCD. (AA) |
| Filing 2 MOTION for leave to file DOCUMENT (Exhibit B to Notice of Removal) under seal by Chad R. Richison. (Dahdah, Evan). Modified text on 2/20/2024 (MCB). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit Collier County Florida, case number 11-2023-000683-0001-XX filed in State Court on March 18, 2023 (Filing fee $405, receipt number AFLMDC-21777335) filed by Chad R. Richison. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit)(Parker, Rhett) Modified on 2/20/2024 (MCB). |
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