Peter Alamillo v. Brinker International, Inc.
Plaintiff: Peter Alamillo
Defendant: Brinker International, Inc.
Case Number: 3:2018cv01190
Filed: October 9, 2018
Court: US District Court for the Middle District of Florida
Presiding Judge: Brian J Davis
Referring Judge: Joel B Toomey
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 30, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2018 Opinion or Order Filing 45 ORDER consolidating this case with case number 3:18-cv-686-J-32MCR. See Order for details. Signed by Judge Timothy J. Corrigan on 10/30/2018. (JSG)
October 30, 2018 Case consolidated with 3:18-cv-00686-TJC-MCR. Please refer to lead case for all future proceedings. (JSG)
October 24, 2018 Filing 44 NOTICE by Peter Alamillo of Motion for Consolidation Pursuant to Federal Rule of Civil Procedure 42(a)(2) (Attachments: #1 Unopposed Amended Motion for Consolidation)(Federman, William)
October 17, 2018 Opinion or Order Filing 43 ENDORSED ORDER granting #42 Motion of William B. Federman to Appear Pro Hac Vice. If William B. Federman, Esq., has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 10/17/2018. (TSP)
October 16, 2018 Filing 42 Unopposed MOTION for William B. Federman to appear pro hac vice by Peter Alamillo. (Attachments: #1 Exhibit)(Yanchunis, John)
October 16, 2018 Opinion or Order Filing 41 ENDORSED ORDER: #32 Joint Motion for Stipulated Briefing Schedule is GRANTED. Plaintiff shall respond to #26 Defendant's Motion to Dismiss no later than November 30, 2018. Defendant shall file its reply of no more than seven (7) substantive pages no later than December 21, 2018. Signed by Judge Brian J. Davis on 10/15/2018. (AMP)
October 11, 2018 Filing 40 NOTICE of Appearance by John Allen Yanchunis, Sr on behalf of Peter Alamillo (Yanchunis, John)
October 11, 2018 ***PRO HAC VICE FEES paid by attorney William B. Federman, appearing on behalf of Peter Alamillo (Filing fee $150 receipt number JAX029242.). (AFC)
October 10, 2018 Filing 39 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 10/10/2018. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(CKS)
October 10, 2018 Filing 38 NOTICE to counsel of new case number and judge assignment for 3:18-cv-1190-J-39JBT. (AEJ)
October 9, 2018 Filing 37 Case transferred in from District of California Central; Case Number 2:18-cv-05684. File received electronically
October 5, 2018 Opinion or Order Filing 36 ORDER RE: JOINT MOTION TO TRANSFER VENUE by Judge John A. Kronstadt. The Joint Motion is GRANTED; This action shall be transferred to the United States District Court for the Middle District of Florida, Jacksonville Division; and All dates and deadlines set in this action are VACATED. (Made JS-6. Case Terminated.) (bp) [Transferred from cacd on 10/9/2018.]
October 4, 2018 Filing 35 PROOF OF SERVICE filed by Defendant Brinker International, Inc., re Stipulation to Continue #34 Rule 16(B)/26(F) Scheduling Conference served on October 4, 2018. (Persson, Spencer) [Transferred from cacd on 10/9/2018.]
October 4, 2018 Filing 34 Joint STIPULATION to Continue Rule 16(B)/26(F) Scheduling Conference from October 15, 2018 filed by Defendant Brinker International, Inc.. (Attachments: #1 Proposed Order)(Persson, Spencer) [Transferred from cacd on 10/9/2018.]
October 3, 2018 Filing 33 Joint NOTICE OF MOTION AND MOTION to Transfer Case to Middle District of Florida, Jacksonville Division filed by Plaintiff Peter Alamillo. Motion set for hearing on 2/4/2019 at 08:30 AM before Judge John A. Kronstadt. (Federman, William) [Transferred from cacd on 10/9/2018.]
September 24, 2018 Filing 32 JOINT STIPULATED BRIEFING SCHEDULE RE Hearing re NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas #29 , NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Brinker International, Inc..(Persson, Spencer) Modified on 9/25/2018 (ake). [Transferred from cacd on 10/9/2018.]
September 21, 2018 Opinion or Order Filing 31 (IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S CLASS ACTION COMPLAINT (DKT. #26 ) AND MOTION TO TRANSFER VENUE (DKT. #29 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Motions from January 7, 2019 to February 4, 2019 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. The Motions will be advanced if an earlier date becomes available on the Court's Motion Calendar.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY [Transferred from cacd on 10/9/2018.]
September 14, 2018 Filing 30 PROOF OF SERVICE filed by Defendant Brinker International, Inc., re NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas #29 served on 9/14/18. (Persson, Spencer) [Transferred from cacd on 10/9/2018.]
September 14, 2018 Filing 29 NOTICE OF MOTION AND MOTION to Transfer Case to Northern District of Texas filed by Defendant Brinker International, Inc.. Motion set for hearing on 1/7/2019 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration Pankaj Patra in Support) (Persson, Spencer) [Transferred from cacd on 10/9/2018.]
September 14, 2018 Filing 28 PROOF OF SERVICE filed by Defendant Brinker International, Inc., re Certificate/Notice of Interested Parties, #27 , NOTICE OF MOTION AND MOTION to Dismiss Case #26 served on 09/14/18. (Persson, Spencer) [Transferred from cacd on 10/9/2018.]
September 14, 2018 Filing 27 NOTICE of Interested Parties filed by Defendant Brinker International, Inc., identifying Vanguard Group, Inc.: Publicly held corporation owning 10% or more of Brinker's stock; BlackRock, Inc.: Publicly held corporation owning 10% or more of Brinker's stock. (Persson, Spencer) [Transferred from cacd on 10/9/2018.]
September 14, 2018 Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Brinker International, Inc.. Motion set for hearing on 1/7/2019 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration Declaration Spencer Persson in Support of Motion to Dismiss, #2 Proposed Order) (Persson, Spencer) [Transferred from cacd on 10/9/2018.]
September 10, 2018 Opinion or Order Filing 25 ORDER RE: THIRD STIPULATOIN TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT granting Stipulation Extending Time to Answer (30 days or less), #24 , by Judge John A. Kronstadt. The Stipulatin is GRANTED. Defendant's time to respond to the Class Action Complaint shall be extended by seven (7) days, such that the response shall be filed and serve no later than September 17, 2018. (bp) [Transferred from cacd on 10/9/2018.]
September 7, 2018 Filing 24 Third STIPULATION Extending Time to Answer the complaint as to Brinker International, Inc. answer now due 9/17/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Brinker International, Inc.. (Attachments: #1 Proposed Order)(Persson, Spencer) [Transferred from cacd on 10/9/2018.]
August 17, 2018 Opinion or Order Filing 23 ORDER RE: SECOND STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT, granting Stipulation Extending Time to Answer (30 days or less), #22 , by Judge John A. Kronstadt (bp) [Transferred from cacd on 10/9/2018.]
August 16, 2018 Filing 22 Second STIPULATION Extending Time to Answer the complaint as to Brinker International, Inc. answer now due 9/10/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Brinker International, Inc.. (Attachments: #1 Proposed Order Re Second Stipulation to Extend Time to Respond to initial complaint)(Persson, Spencer) [Transferred from cacd on 10/9/2018.]
August 3, 2018 Opinion or Order Filing 21 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Joint Report due by 10/5/2018., Scheduling Conference set for 10/15/2018 at 01:30 PM. (SEE ORDER FOR SPECIFICS) (bp) [Transferred from cacd on 10/9/2018.]
August 3, 2018 Filing 20 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT (SEE ORDER FOR SPECIFICS) (bp) [Transferred from cacd on 10/9/2018.]
August 3, 2018 Opinion or Order Filing 19 (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: LA CV18-05684 JAK (AGRx). Because all pleadings are routed using the judge's initials, please be sure to use the initials JAK in place of the initials FMO on all future filings. Judge Kronstadt's Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156. #18 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY [Transferred from cacd on 10/9/2018.]
July 23, 2018 Opinion or Order Filing 18 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: 2:18-cv-05323 JAK(AGRx). Case transferred from Judge Fernando M. Olguin and Magistrate Judge Karen L. Stevenson to Judge John A. Kronstadt and Magistrate Judge Alicia G. Rosenberg for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-05684 JAK(AGRx). Signed by Judge John A. Kronstadt (rn) [Transferred from cacd on 10/9/2018.]
July 17, 2018 Filing 17 STIPULATION Extending Time to Answer the complaint as to Brinker International, Inc. answer now due 8/20/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Brinker International, Inc..(Attorney Kelsey Ann Maher added to party Brinker International, Inc.(pty:dft))(Maher, Kelsey) [Transferred from cacd on 10/9/2018.]
July 13, 2018 Opinion or Order Filing 16 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Fernando M. Olguin: GRANTING #11 Non-Resident Attorney William B. Federman APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Peter Alamillo, designating James Robert Noblin as local counsel. (lt) [Transferred from cacd on 10/9/2018.]
July 13, 2018 Filing 15 TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY [Transferred from cacd on 10/9/2018.]
July 5, 2018 Filing 14 PROOF OF SERVICE Executed by Plaintiff Peter Alamillo, upon Defendant Brinker International, Inc. served on 6/29/2018, answer due 7/20/2018. Service of the Summons and Complaint were executed upon Prentice Hall, Vanessa Hernandez - Person Authorized to Accept Service of Process in compliance with statute not specified by personal service.Original Summons NOT returned. (Noblin, James) [Transferred from cacd on 10/9/2018.]
July 2, 2018 Opinion or Order Filing 13 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Fernando M. Olguin for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-05684 FMO(KSx). (rn) [Transferred from cacd on 10/9/2018.]
June 28, 2018 Opinion or Order Filing 12 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 16-05. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Consuelo B. Marshall for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-05684 CBM(KSx). (rn) [Transferred from cacd on 10/9/2018.]
June 28, 2018 Filing 11 APPLICATION of Non-Resident Attorney William B. Federman to Appear Pro Hac Vice on behalf of Plaintiff Peter Alamillo (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-22007262) filed by Plaintiff Peter Alamillo. (Attachments: #1 Proposed O rder) (Noblin, James) [Transferred from cacd on 10/9/2018.]
June 28, 2018 Filing 10 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Brinker International, Inc. (et) [Transferred from cacd on 10/9/2018.]
June 28, 2018 Filing 9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 , Notice of Deficiency in Request to Issue Summons, #7 filed by Plaintiff Peter Alamillo. (Noblin, James) [Transferred from cacd on 10/9/2018.]
June 28, 2018 Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William B. Federman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (et) [Transferred from cacd on 10/9/2018.]
June 28, 2018 Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) [Transferred from cacd on 10/9/2018.]
June 28, 2018 Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) [Transferred from cacd on 10/9/2018.]
June 28, 2018 Filing 5 NOTICE OF ASSIGNMENT to District Judge Ronald S. W. Lew and Magistrate Judge Karen L. Stevenson. (et) [Transferred from cacd on 10/9/2018.]
June 27, 2018 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Peter Alamillo. (Noblin, James) [Transferred from cacd on 10/9/2018.]
June 27, 2018 Filing 3 NOTICE of Interested Parties filed by Plaintiff Peter Alamillo, identifying Brinker International, Inc.. (Noblin, James) [Transferred from cacd on 10/9/2018.]
June 27, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiff Peter Alamillo. (Noblin, James) [Transferred from cacd on 10/9/2018.]
June 27, 2018 Filing 1 COMPLAINT Receipt No: 0973-22003052 - Fee: $400, filed by Plaintiff Peter Alamillo. (Attorney James Robert Noblin added to party Peter Alamillo(pty:pla))(Noblin, James) [Transferred from cacd on 10/9/2018.]

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Defendant: Brinker International, Inc.
Represented By: Kelsey Ann Maher
Represented By: Spencer Persson
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Plaintiff: Peter Alamillo
Represented By: James Robert Noblin
Represented By: William B. Federman
Represented By: John Allen Yanchunis, Sr.
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