Avera v. Mattress Firm, Inc. et al
| Nancy W, Avera and Nancy W. Avera |
| Mattress Firm, Inc. and Kindler Enterprises, LLC |
| 3:2020cv00467 |
| May 6, 2020 |
| US District Court for the Middle District of Florida |
| Timothy J Corrigan |
| James R Klindt |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement by Mattress Firm, Inc.. (Jarolem, Richard) |
| Filing 23 Agreed MOTION for Judgment on the Pleadings and/or Partial Summary Judgment on Counts II and III of its Cross Claim Against Kindler Enterprises, LLC Pursuant to Rules 12(C) and 56 of the Red R. Civ. P. by Mattress Firm, Inc.. (Jarolem, Richard) Modified on 6/19/2020 to edit text (KKH). |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #17 Case management and scheduling order by Nancy W. Avera. (Spohrer, Robert) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #17 Case management and scheduling order by Kindler Enterprises, LLC identifying Corporate Parent Kindler Enterprises, LLC for Kindler Enterprises, LLC.. (Howell, John) |
| Filing 20 NOTICE of Defendant Kindler's Position on Jury Selection by Kindler Enterprises, LLC (Howell, John) Modified to edit text on 6/10/2020 (KKH). |
| Filing 19 RESPONSE re #7 Crossclaim Answer to Mattress Firm's Amended Cross-Claim by Mattress Firm, Inc.. (Howell, John) |
| Filing 18 CASE REFERRED to Mediation. (KKH) |
| Filing 17 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery deadline is 10/30/2020; Conduct mediation hearing by 11/6/2020; Pretrial statement due by 11/12/2020; Final Pretrial Conference set for 11/18/2020 at 10:00 AM in Courtroom 10 D before Judge Timothy J. Corrigan; and, Jury Trial set to commence on 12/14/2020 at 9:00 AM in Courtroom 10 D. Signed by Deputy Clerk on 6/3/2020. (Attachments: #1 Mediation Report form, #2 docket sheet)(MD) |
Filing 16
ORDER finding court has subject matter jurisdiction, finding #11 Motion to Remand to be moot; granting #8 Motion to Expedite to the extent that the Court will issue a Case Management and Scheduling Order setting this case for trial beginning 12/14/2020 at 9:00 a.m.; directing defendant Kindler to file its answer to Mattress Firm's amended crossclaim no later than 6/10/2020; directing defendants to advise whether their clients consent to the Magistrate Judge selecting the jury no later than 6/10/2020. Signed by Judge Timothy J. Corrigan on 5/26/2020. (SRW)
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| Filing 15 Minute Entry. Proceedings held before Judge Timothy J. Corrigan: Telephone Hearing held on 5/22/2020 re #8 Amended Motion to Set Expedite Trial filed by Nancy W. Avera. Court Reporter: Shannon Bishop (SRW) |
| Filing 14 NOTICE of Supplemental Filing in Response to May 14, 2020 Order Concerning Removal re #10 Order by Kindler Enterprises, LLC (Howell, John). (Additional attachment(s) added on 5/21/2020: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (JSG). Modified on 5/21/2020 to edit text, docket entry relationship, and to separate exhibits from main document. Reminded counsel to upload exhibits separately and to use correct case number on future pleadings (JSG). |
| Filing 13 CASE MANAGEMENT REPORT. (Spohrer, Robert) |
| Filing 12 NOTICE by Mattress Firm, Inc. re #11 MOTION to Remand to State Court and For Fees and Costs and Incorporated Memorandum of Law, #1 Notice of Removal Notice of Consent to Removal (Jarolem, Richard) |
| Filing 11 MOTION to Remand to State Court and For Fees and Costs and Incorporated Memorandum of Law by Nancy W. Avera. (Spohrer, Robert) |
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Filing 10
ORDER directing removing defendant to cure issues in Notice of Removal no later than 5/21/2020; Setting TELEPHONE HEARING on #8 Plaintiff's Amended Motion to Set Expedited Trial: Telephone Motion Hearing set for 5/22/2020 at 10:00 AM before Judge Timothy J. Corrigan (see order for information regarding receipt of call-in information from courtroom deputy). Signed by Judge Timothy J. Corrigan on 5/14/2020.(SRW)
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| Filing 9 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 5/8/2020. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD) |
| Filing 8 AMENDED MOTION to Set Expedited Trial by Nancy W. Avera (filed in State Court on 4/9/2020). (JSG) |
| Filing 7 AMENDED CROSSCLAIM against Kindler Enterprises, LLC filed by Mattress Firm, Inc. (filed in State Court on 4/26/2020 per State Court Agreed Order). (Attachments: #1 Exhibit A, #2 Exhibit B)(JSG) |
| Filing 6 FIRST AMENDED ANSWER and affirmative defenses to #4 Complaint with jury demand by Mattress Firm, Inc. (filed in State Court on 4/26/2020 per State Court Agreed Order)(JSG) |
| Filing 5 ANSWER and affirmative defenses to #4 Complaint by Kindler Enterprises, LLC (filed in State Court on 4/3/2020).(JSG) |
| Filing 4 COMPLAINT against Kindler Enterprises, LLC, Mattress Firm, Inc. with jury demand filed by Nancy W. Avera (filed in State Court on 1/10/2020). (Attachments: #1 Exhibit A)(JSG) |
| Filing 3 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge James R. Klindt. New case number: 3:20-cv-467-J-32JRK. (SJB) |
| Filing 2 NOTICE of Filing Civil Cover Sheet by Kindler Enterprises, LLC(Howell, John). Modified on 5/7/2020 to edit text and notify counsel to use proper event in the future (JSG). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Seventh Judicial Circuit, case number CA20-32 filed in State Court on 01/10/2020. Filing fee $ 400, receipt number 113A-16782799 filed by Kindler Enterprises, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Howell, John) Modified on 5/7/2020 - notified counsel to follow directions for uploading Notices of Removal and exhibits in the future (JSG). |
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