Kester v. BellSouth Telecommunications, Inc.
Plaintiff: Karen Kester
Defendant: BellSouth Telecommunications, Inc.
Case Number: 3:2018cv01469
Filed: December 12, 2018
Court: US District Court for the Middle District of Florida
Presiding Judge: Timothy J Corrigan
Referring Judge: Monte C Richardson
2 Judge: Joel B Toomey
Nature of Suit: Civil Rights: Americans with Disabilities - Employment
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 18, 2020 Opinion or Order Filing 51 ORDER dismissing this case with prejudice pursuant to #50 the Joint Stipulation of Dismissal With Prejudice. The Clerk should close the file. Signed by Judge Timothy J. Corrigan on 2/18/2020. (TNM)
February 14, 2020 Filing 50 STIPULATION of Dismissal With Prejudice by BellSouth Telecommunications, Inc.. (Diaz-Vazquez, Zahira)
January 27, 2020 Opinion or Order Filing 49 ORDER advising pro se plaintiff of some procedural rules. Signed by Magistrate Judge Monte C. Richardson on 1/27/2020. (ADM)
January 27, 2020 Opinion or Order Filing 48 ENDORSED ORDER: On or before February 18, 2020, Plaintiff shall respond to #40 Defendant's Motion to Dismiss and to Enforce Full and Final Settlement Agreement, or else the Motion will be deemed unopposed. Signed by Magistrate Judge Monte C. Richardson on 1/27/2020. (ADM)
January 24, 2020 Filing 47 NOTICE to Proceed Pro Se by Karen Kester (KKH)
January 6, 2020 Opinion or Order Filing 46 ORDER granting #37 Motion to Withdraw as Attorney. See Order for details. Signed by Magistrate Judge Monte C. Richardson on 1/6/2020. (ADM)
January 6, 2020 Filing 45 Minute Entry. Proceedings held before Magistrate Judge Monte C. Richardson: MOTION HEARING held on 1/6/2020 re #37 MOTION for David B. Sacks to withdraw as attorney filed by Karen Kester. (Digital) Court Reporter: Cornerstone (SHS)
December 17, 2019 Opinion or Order Filing 43 ORDER Setting Hearing on #37 Motion to Withdraw for 1/6/2020 at 11:00 AM in Jacksonville Courtroom 5C before Magistrate Judge Monte C. Richardson. Signed by Magistrate Judge Monte C. Richardson on 12/17/2019. (ADM)
December 17, 2019 Opinion or Order Filing 42 ENDORSED ORDER granting #41 Motion for Extension of Time to File Response. The Court will set Plaintiff's deadline for responding to the Motion to Dismiss and to Enforce the Settlement Agreement by a separate order. Signed by Magistrate Judge Monte C. Richardson on 12/17/2019. (ADM)
December 16, 2019 Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss and Enforce Full and Final Settlement Agreement by Karen Kester. (Sacks, David) Motions referred to Magistrate Judge Monte C. Richardson.
December 16, 2019 Filing 40 MOTION to Dismiss Case and Enforce Full and Final Settlement Agreement by BellSouth Telecommunications, Inc.. (Attachments: #1 Exhibit 1 - Transcript of Settlement Conference, #2 Exhibit 2 - Email from Diaz to Sacks Attaching Settlement Agreement, #3 Exhibit 3 - Email from Sacks to Diaz Regarding Settlement Agreement, #4 Exhibit 4 - Email from Sacks to Diaz Regarding Settlement Agreement)(Diaz-Vazquez, Zahira)
December 13, 2019 Filing 39 NOTICE of Availability for Hearing on Plaintiff's Attorney's Motion to Withdraw by Karen Kester (Sacks, David) Modified to edit text on 12/16/2019 (KKH).
December 12, 2019 Opinion or Order Filing 38 ORDER taking under advisement #37 Motion to Withdraw as Attorney. No later than December 17, 2019, Plaintiff's counsel shall provide dates for a hearing on the Motion. Signed by Magistrate Judge Monte C. Richardson on 12/12/2019. (ADM)
November 29, 2019 Filing 37 MOTION for David B. Sacks to withdraw as attorney by Karen Kester. (Sacks, David) Motions referred to Magistrate Judge Monte C. Richardson.
November 27, 2019 Sealed Document: S-36. (JSG)
November 12, 2019 Opinion or Order Filing 35 ORDER re settlement, directing the parties to file a joint motion for dismissal or other appropriate documents to close out this file by 1/7/20. The Clerk shall close the file. Signed by Judge Timothy J. Corrigan on 11/12/2019. (SEJ)
November 11, 2019 Filing 34 NOTICE of settlement by BellSouth Telecommunications, Inc. (Diaz-Vazquez, Zahira)
November 8, 2019 Filing 33 Minute Entry. Proceedings held before Magistrate Judge Monte C. Richardson: SETTLEMENT CONFERENCE held on 11/8/2019. (Digital) (SHS)
September 5, 2019 Opinion or Order Filing 31 ORDER Setting Settlement Conference for 11/8/2019 at 10:00 AM in Jacksonville Courtroom 5C before Magistrate Judge Monte C. Richardson. See Order for details. Signed by Magistrate Judge Monte C. Richardson on 9/5/2019. (ADM)
August 29, 2019 Filing 32 MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: Telephone hearing held on Defendant's Motion for Court Order to Compel Arbitration and Stay Proceedings (Doc. 7) held on 8/29/19. Court Reporter: Shannon Bishop. (MD)
August 29, 2019 Opinion or Order Filing 30 ORDER referring this case to the Honorable Monte C. Richardson for a settlement conference; staying discovery until further order; directing the Clerk to administratively close the file. See Order for details. Signed by Judge Timothy J. Corrigan on 8/29/2019. (SEJ)
August 21, 2019 Filing 29 NOTICE of telephone hearing: This case is set for a telephone hearing on #7 Defendant's Motion for Court Order to Compel Arbitration and Stay Proceedings on August 29, 2019 at 11:00 AM before the Honorable Timothy J. Corrigan, United States District Judge. See Notice for details. (SEJ)
August 2, 2019 Filing 28 REPORT AND RECOMMENDATION re #7 MOTION to compel arbitration and Stay Proceedings filed by BellSouth Telecommunications, Inc. Signed by Magistrate Judge Monte C. Richardson on 8/2/2019. (ADM)
July 22, 2019 Filing 27 CERTIFICATE of service by BellSouth Telecommunications, Inc. re #26 Supplement Supplemental Declaration of Crystal Major. (Tomezsko, Sara)
July 22, 2019 Filing 26 SUPPLEMENTAL Declaration of Crystal Major re #24 Reply, 25 Order on motion to compel arbitration by BellSouth Telecommunications, Inc. (Tomezsko, Sara). Modified on 7/23/2019 to edit text and docket entry relationship (JSG).
July 16, 2019 Opinion or Order Filing 25 ENDORSED ORDER taking under advisement #7 Defendant's Motion to Compel Arbitration and Stay Proceedings. Upon review of #24 Defendant's Reply, the Court directs Defendant to file, on or before July 23, 2019, evidentiary support (if any) for the statements made in the Reply, including specifically the statements in footnote three that all first-level managers had remote access. Signed by Magistrate Judge Monte C. Richardson on 7/16/2019. (ADM)
March 25, 2019 Filing 24 REPLY ro #21 RESPONSE in Opposition, filed by BellSouth Telecommunications, Inc. (Gage, Kenneth) Modified on 3/26/2019 to edit text and docket entry relationships. (TMC)
March 20, 2019 Opinion or Order Filing 23 ORDER referring #7 Defendant's Motion for Court Order to Compel Arbitration and Stay Proceedings to U.S. Magistrate Judge Monte C. Richardson for a report and recommendation regarding an appropriate resolution of the motion. Signed by Judge Timothy J. Corrigan on 3/20/2019. (MD) Motions referred to Magistrate Judge Monte C. Richardson.
March 4, 2019 Opinion or Order Filing 22 ENDORSED ORDER granting #20 Defendant's Motion for Leave to File Reply in Support of Motion to Compel Arbitration. Defendant may file a reply of no more than 10 pages by 3/25/19. Signed by Judge Timothy J. Corrigan on 3/4/2019. (SEJ)
February 1, 2019 Filing 21 RESPONSE in Opposition re #20 MOTION for leave to file a Reply in Support of #7 Defendant's Motion to Compel Arbitration and Stay the Proceedings, #7 MOTION to compel arbitration and Stay Proceedings filed by Karen Kester. (Sacks, David)
January 28, 2019 Filing 20 MOTION for leave to file a Reply in Support of #7 Defendant's Motion to Compel Arbitration and Stay the Proceedings, by BellSouth Telecommunications, Inc.. (Tomezsko, Sara) Modified on 1/29/2019 to create docket entry relationship and edit text. (TMC)
January 14, 2019 Filing 19 RESPONSE in Opposition to #7 MOTION to compel arbitration and Stay Proceedings, filed by Karen Kester. (Attachments: #1 Affidavit Affidavit of Karen Kester in Opposition to Motion to Compel Arbitration and Stay of Proceedings)(Sacks, David) Modified on 1/15/2019 to edit text. (TMC)
January 14, 2019 Opinion or Order Filing 18 ENDORSED ORDER granting #17 Joint Motion Requesting Continuance of Deadline For Parties to Conduct Case Management Conference and Submit CMR. The parties' obligation to hold a case management conference and file a CMR is stayed pending a ruling on #7 Defendant's motion to compel arbitration. Signed by Judge Timothy J. Corrigan on 1/14/2019. (SEJ)
January 10, 2019 Filing 17 Joint MOTION to Continue Deadline for Parties to Conduct Case Management Conference and Submit Case Management Report by BellSouth Telecommunications, Inc.. (Diaz-Vazquez, Zahira)
January 3, 2019 Opinion or Order Filing 16 ENDORSED ORDER granting #14 motion to appear pro hac vice; granting #15 motion to appear pro hac vice. If Kenneth W. Gage and Sara B. Tomezsko have not already done so, they 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 Monte C. Richardson on 1/3/2019. (ADM)
January 3, 2019 ***PRO HAC VICE FEES paid on 12/26/2018 by attorney Kenneth W. Gage, appearing on behalf of BellSouth Telecommunications, Inc. (Filing fee $150 receipt number JAX029868.) Related document: #14 MOTION for Kenneth W. Gage to appear pro hac vice. (AEJ)
January 3, 2019 ***PRO HAC VICE FEES paid on 12/26/2018 by attorney Sara B. Tomezsko, appearing on behalf of BellSouth Telecommunications, Inc. (Filing fee $150 receipt number JAX029867.) Related document: #15 MOTION for Sara B. Tomezsko to appear pro hac vice. (AEJ)
January 2, 2019 Filing 15 MOTION for Sara B. Tomezsko to appear pro hac vice by BellSouth Telecommunications, Inc.. (Attachments: #1 Exhibit A - Written Designation and Consent-to-Act by Non-Resident Attorney)(Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Monte C. Richardson.
January 2, 2019 Filing 14 MOTION for Kenneth W. Gage to appear pro hac vice by BellSouth Telecommunications, Inc.. (Attachments: #1 Exhibit A - Written Designation and Consent-to-Act by Non-Resident Attorney)(Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Monte C. Richardson.
December 21, 2018 Opinion or Order Filing 13 ENDORSED ORDER granting #12 Motion to extend time to respond to motion to compel arbitration #7 ; plaintiff's response shall be filed no later than 1/14/2019. Signed by Judge Timothy J. Corrigan on 12/21/2018. (SRW) Modified on 12/21/2018 to edit text per Chambers (JSG).
December 21, 2018 Filing 12 First MOTION to extend time to January 12, 2019 by Karen Kester. (Sacks, David) Motions referred to Magistrate Judge Monte C. Richardson.
December 21, 2018 Filing 11 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 12/21/2018. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD)
December 20, 2018 Opinion or Order Filing 10 ORDER denying without prejudice #8 motion to appear pro hac vice; denying without prejudice #9 motion to appear pro hac vice. Signed by Magistrate Judge Monte C. Richardson on 12/20/2018. (ADM)
December 19, 2018 Filing 9 MOTION for Sara B. Tomezsko to appear pro hac vice by BellSouth Telecommunications, Inc.. (Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Monte C. Richardson.
December 19, 2018 Filing 8 MOTION for Kenneth W. Gage to appear pro hac vice by BellSouth Telecommunications, Inc.. (Ackerbaum Cox, Joyce) Motions referred to Magistrate Judge Monte C. Richardson.
December 19, 2018 Filing 7 MOTION to compel arbitration and Stay Proceedings by BellSouth Telecommunications, Inc.. (Attachments: #1 Exhibit A - Declaration of Brandy Giordano, #2 Exhibit B - Declaration of Jeremy Dunlap, #3 Exhibit C - Declaration of Crystal Major, #4 Exhibit D - Declaration of Hilda Ramirez, #5 Exhibit E - Declaration of Jeff Nahlik, #6 Exhibit F - Declaration of Zahira Diaz-Vazquez)(Diaz-Vazquez, Zahira)
December 14, 2018 Filing 6 Case Reassigned to Magistrate Judge Monte C. Richardson. New case number: 3:18-cv-1469-J-32MCR. Magistrate Judge Joel B. Toomey no longer assigned to the case. (SJW)
December 14, 2018 Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by Karen Kester. (Sacks, David)
December 13, 2018 Opinion or Order Filing 4 ORDER of Recusal. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 12/13/2018. (TAM)
December 12, 2018 Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by BellSouth Telecommunications, Inc. identifying Corporate Parent AT&T Inc., Corporate Parent AT&T Datacomm Holdings, Inc., Other Affiliate BellSouth Telecommunications, LLC, Other Affiliate AT&T Datacomm, LLC, Other Affiliate BellSouth, LLC for BellSouth Telecommunications, Inc... (Diaz-Vazquez, Zahira)
December 12, 2018 Filing 2 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge Joel B. Toomey. New case number: 3:18-cv-1469-J-32JBT. (SJB)
December 12, 2018 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the 4th Judicial Circuit, case number 2018-CA-7727 filed in State Court on 11/9/2018. Filing fee $ 400, receipt number 113A-14916147 filed by BellSouth Telecommunications, Inc.. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet Exhibit A, #3 State Court Other Documents Exhibit B, #4 Exhibit C -- Declaration of Deirdre Scott, #5 Exhibit D -- Declaration of Zahira Diaz, #6 Civil Cover Sheet)(Diaz-Vazquez, Zahira)

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Defendant: BellSouth Telecommunications, Inc.
Represented By: Zahira D. Diaz-Vazquez
Represented By: Joyce Ackerbaum Cox
Represented By: Sara B. Tomezsko
Represented By: Kenneth W. Gage
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Plaintiff: Karen Kester
Represented By: David B. Sacks
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