Evans v. Home Depot USA, Inc.
| Matthew Evans |
| Home Depot USA, Inc. |
| 2:2025cv00451 |
| May 28, 2025 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Douglas N Frazier |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Both |
Docket Report
This docket was last retrieved on June 25, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 NOTICE of Change of Attorney / Appearance by Dorsey C. Miller, III on behalf of Home Depot USA, Inc. (Miller, Dorsey) |
| Filing 31 NOTICE TO COUNSEL Christine G. Soto 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. (Signed by Deputy Clerk). (JG) |
| Filing 30 STIPULATION Confidentiality Stipulation and Protective Order by Home Depot USA, Inc. (Soto, Christine) Modified docket text on 9/25/2025 (JG). |
| Filing 29 Case Reassigned to Magistrate Judge Douglas N. Frazier. New case number: 2:25-cv-451-SPC-DNF. Magistrate Judge K. C. Dudek no longer assigned to the case. (AJS) |
| Filing 28 CASE REFERRED to Mediation. (JG) |
| Filing 26 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/6/2025. Joinder of Parties due by 10/6/2025. Discovery due by 7/31/2026. Dispositive motions due by 8/28/2026. Pretrial statement due by 2/12/2027. All other motions due by 2/8/2027. Plaintiff disclosure of expert report due by 5/2/2026. Defendant disclosure of expert report due by 6/1/2026. Final Pretrial Conference set for 2/26/2027 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Jury Trial set for 3/1/2027 trial term in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Conduct mediation hearing by 8/7/2026. Lead counsel to coordinate dates. Signed by All Divisional Judges on 7/14/2025. (CGW) |
| Filing 25 Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: RULE 16(b) CONFERENCE held on 7/14/2025. (Digital) (CGW) |
Filing 24
ORDERED: Plaintiff's Amended Motion to Remand (Doc. #21) is DENIED. Signed by Judge Sheri Polster Chappell on 7/11/2025. (AEH)
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| Filing 23 CASE MANAGEMENT REPORT. (Soto, Christine) |
| Filing 22 RESPONSE in Opposition re #21 Amended MOTION to Remand to State Court filed by Home Depot USA, Inc. (Attachments: #1 Exhibit A)(Soto, Christine) Modified text on 6/24/2025 (ABM). |
| Filing 21 Amended MOTION to Remand to State Court by Matthew Evans. (Panter, Brittany) |
| Filing 20 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Home Depot USA, Inc. identifying Corporate Parent The Home Depot, Inc. for Home Depot USA, Inc... (Soto, Christine) |
Filing 19
ENDORSED ORDER denying without prejudice Plaintiff's Motion to Remand (Doc. #18) for failure to include a compliant Local Rule 3.01(g) Certification. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 6/5/2025. (BB)
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| Filing 18 MOTION to Remand to State Court by Matthew Evans. (Panter, Brittany) |
| Filing 17 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Matthew Evans. (Panter, Brittany) |
| Filing 16 NOTICE of Lead Counsel Designation by Brittany Alicia Panter on behalf of Matthew Evans. Lead Counsel: Brittany A. Panter. (Panter, Brittany) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Matthew Evans. Related case(s): No (Panter, Brittany) |
Filing 14
ENDORSED ORDER. Before the Court is Defendant's Supplement to its Notice of Removal. (Doc. #12). The Court directed Defendant to supplement to establish Plaintiff's citizenship. (Doc. 5). Based on the response, the Court will take no further action on its Order. Signed by Judge Sheri Polster Chappell on 6/2/2025. (BB)
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Filing 13
ENDORSED ORDER. Local Rule 3.03 requires that each party file a disclosure statement using the standard form from the clerk or the court's website. However, in filing Defendant's disclosures, Defendant used an outdated form. As such, the paper is deemed stricken, and the clerk is directed to delete Doc. 10 from the CM/ECF docket. By 14 days from this order, Defendant must refile the disclosure using the proper form, which can be found at: https://www.flmd.uscourts.gov/form/disclosure-statement. Signed by Magistrate Judge Kyle C. Dudek on 6/2/2025. (BLW)
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| Filing 12 SUPPLEMENT re #1 Notice of Removal by Home Depot USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Soto, Christine) |
| Filing 11 NOTICE of Lead Counsel Designation by Christine Soto on behalf of Home Depot USA, Inc.. Lead Counsel: Anthony J. Petrillo. (Soto, Christine) |
| Filing 10 ***STRICKEN and PDF removed per Order 13-CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Home Depot USA, Inc. identifying Corporate Parent The Home Depot, Inc. for Home Depot USA, Inc.. (Soto, Christine) Modified text on 6/3/2025 (MGB). |
| Filing 9 NOTICE 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. (Signed by Deputy Clerk). (AA) |
| Filing 8 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). (AA) |
Filing 5
ENDORSED ORDER. Defendant's Notice of Removal incorrectly relies on Plaintiff's 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). On or before June 6, 2025, Defendant must SUPPLEMENT its Notice of Removal to show cause why this action should not be remanded for lack of subject-matter jurisdiction. Failure to comply with this Order may result in the Court remanding this case without further notice. Signed by Judge Sheri Polster Chappell on 5/29/2025. (BB)
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| Filing 4 NOTICE of hearing: Rule 16(b) Conference set for 7/14/2025 at 09:45 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 7/7/2025. Zoom instructions will be provided via separate email to counsel of record. (CGW) |
| Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 5/29/2025. (CGW) |
| Filing 7 ANSWER and affirmative defenses to #6 Complaint with Jury Demand by Home Depot USA, Inc. (Filed in state court on 05/19/25.)(AA) |
| Filing 6 COMPLAINT against Home Depot USA, Inc. with Jury Demand filed by Matthew Evans. (Filed in state court on 4/23/25.)(AA) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Kyle C. Dudek. New case number: 2:25-cv-451-SPC-KCD. (ARL) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from 20th Judicial Circuit, case number 2025-CA-002159 filed in State Court on 4/23/2025. Filing fee $405, receipt number AFLMDC-23405676 filed by Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 State Court COMPLAINT, #6 State Court ANSWER, #7 State Court Docket Sheet, #8 State Court Other Documents, #9 Civil Cover Sheet)(Soto, Christine) |
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| Plaintiff: Matthew Evans | |
| Represented By: | Brittany Alicia Panter |
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| Defendant: Home Depot USA, Inc. | |
| Represented By: | Christine Soto |
| Represented By: | Anthony J. Petrillo |
| Represented By: | Dorsey C. Miller, III |
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