Postell v. Nestle Prepared Food Company, USA
Plaintiff: Ashley Postell
Defendant: Nestle Prepared Food Company, USA
Case Number: 3:2018cv01134
Filed: September 21, 2018
Court: US District Court for the Middle District of Florida
Presiding Judge: Brian J Davis
Referring Judge: Monte C Richardson
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2018 Filing 18 CASE REFERRED to Mediation. (RH)
November 15, 2018 Opinion or Order Filing 17 CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Amended Pleadings due by 4/1/2019, Joinder of Parties due by 4/1/2019, Discovery due by 8/1/2019, Dispositive motions due by 9/30/2019, Pretrial statement due by 2/14/2020, All other motions due by 1/31/2020, Plaintiff disclosure of expert report due by 6/3/2019, Defendant disclosure of expert report due by 7/1/2019, Final Pretrial Conference set for 2/24/2020 at 10:00 AM in Jacksonville Courtroom 5C before Magistrate Judge Monte C. Richardson, Jury Trial set for 3/10/2020 at 09:30 AM in Jacksonville Courtroom 5C before Magistrate Judge Monte C. Richardson, Conduct mediation hearing by 11/1/2019. Signed by Magistrate Judge Monte C. Richardson on 11/15/2018. (Attachments: #1 CIPCDS, #2 Mediation Report)(ADM)
November 15, 2018 Opinion or Order Filing 16 ORDER advising pro se plaintiff of some procedural rules. Signed by Magistrate Judge Monte C. Richardson on 11/15/2018. (ADM)
November 14, 2018 Filing 15 Case Reassigned to Magistrate Judge Monte C. Richardson. New case number: 3:18-cv-1134-J-MCR. Judge Brian J. Davis no longer assigned to the case. (SJW)
November 13, 2018 Opinion or Order Filing 14 ORDER approving consent to jurisdiction by US Magistrate Judge. Signed by Judge Brian J. Davis on 11/13/2018. (AMP)
November 7, 2018 Filing 13 PROPOSED CONSENT to trial by U.S. Magistrate Judge by Nestle Prepared Food Company, USA. (Eubanks, James) Modified text on 11/8/2018. (AEJ)
November 2, 2018 Opinion or Order Filing 12 ORDER DISCHARGING #6 , #8 Orders to Show Cause. The parties shall complete and file on or before November 19, 2018, the attached Form AO-85 if they consent to the Magistrate Judge's jurisdiction. Signed by Judge Brian J. Davis on 11/2/2018. (Attachments: #1 Consent Letter and Form)(AMP)
October 31, 2018 Filing 11 CASE MANAGEMENT REPORT. (Eubanks, James)
October 23, 2018 Filing 10 RESPONSE TO #6 ORDER TO SHOW CAUSE filed by Nestle Prepared Food Company, USA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Eubanks, James) Modified on 10/24/2018 to create docket entry relationship. (AEJ)
October 19, 2018 Filing 9 PROOF of service by Nestle Prepared Food Company, USA (Attachments: #1 Exhibit)(Eubanks, James)
October 18, 2018 Opinion or Order Filing 8 ORDER DENYING #7 Defendant's Motion for Extension of Time to Respond to Court's Order to Show Cause. Defendant shall SHOW CAUSE on or before October 23, 2018, why this matter should not be remanded to state court. Defendant shall also serve a copy of this Order to Plaintiff and provide the Court with proof of service by October 22, 2018. Signed by Judge Brian J. Davis on 10/18/2018. (AMP)
October 17, 2018 Filing 7 MOTION for Extension of Time to File Response/Reply as to #6 Order on Motion for Extension of Time to File Response/ReplyOrder on motion to dismiss by Nestle Prepared Food Company, USA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Eubanks, James) Motions referred to Magistrate Judge Monte C. Richardson.
October 1, 2018 Opinion or Order Filing 6 ORDER directing Defendant to SHOW CAUSE on or before October 17, 2018, why this matter should not be remanded to state court. Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint #3 and Motion to Dismiss #4 are DENIED AS MOOT. Signed by Judge Brian J. Davis on 10/1/2018. (AMP)
September 28, 2018 Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 9/28/2018. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(CKS)
September 21, 2018 Filing 4 MOTION to Dismiss #2 Complaint for Lack of Jurisdiction for Failure to Obtain Service within 120 Days and Naming Wrong Entity by Nestle Prepared Food Company, USA. (Attachments: #1 Exhibit A, #2 Exhibit B)(AEJ)
September 21, 2018 Filing 3 MOTION for Extension of Time to File Response/Reply as to #2 Complaint by Nestle Prepared Food Company, USA. (AEJ) Motions referred to Magistrate Judge Monte C. Richardson.
September 21, 2018 Filing 2 COMPLAINT against Nestle Prepared Food Company, USA with Jury Demand filed (in State Court on 2/15/2018) by Ashley Postell. (Attachments: #1 Exhibit)(AEJ)
September 21, 2018 Filing 1 NOTICE OF REMOVAL from 4th Judicial Court, Duval County, FL, case number 16-2018-CA-000976 filed in State Court on 2/15/2018. Filing fee $ 400, receipt number JAX029027 filed by Nestle Prepared Food Company, USA. (Attachments: #1 State Court Docket Sheet, #2 State Court Record, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(AEJ)

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Defendant: Nestle Prepared Food Company, USA
Represented By: J. Brad Eubanks
Represented By: Johnny White
Represented By: Johnny Deere White
Represented By: James Brad Eubanks
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Plaintiff: Ashley Postell
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