Gaddy v. Stihl Incorporated
Plaintiff: Randall Gaddy
Defendant: Stihl Incorporated
Case Number: 3:2021cv01141
Filed: November 16, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Brian J Davis
Referring Judge: Joel B Toomey
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2022 Filing 22 NOTICE to counsel Justin David Howard and Martha Swicegood Stwodah of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk). (KEM)
January 6, 2022 Filing 20 Minute Entry. In Person Proceedings held before Magistrate Judge Joel B. Toomey: MOTION HEARING held on 1/6/2022 re #10 Plaintiff's Counsel's Amended Motion to Withdraw as Attorney of Record of Plaintiff. (Digital) (TSP)
January 6, 2022 Opinion or Order Filing 19 ORDER granting #10 Plaintiff's Counsel's Amended Motion to Withdraw as Attorney of Record of Plaintiff. Plaintiff's filing is due on or before February 7, 2022. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 1/6/2022. (AJS)
January 5, 2022 Opinion or Order Filing 18 ENDORSED ORDER granting #14 and #15 Motions for Admission Pro Hac Vice. If Justin David Howard, Esq. and Martha Swicegood Stwodah, Esq. have not already done so, they each 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 1/5/2022. (AJS)
January 5, 2022 Filing 17 CASE REFERRED to Mediation. (KEM)
January 4, 2022 Opinion or Order Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER: Mediator selection due by 4/29/2022; Discovery due by 9/1/2022; Dispositive motions due by 10/3/2022; Conduct mediation hearing by 11/1/2022; Pretrial statement due by 2/15/2023; Final Pretrial Conference set for 2/22/2023 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 3/6/2023 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 1/4/2022. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
January 4, 2022 Filing 15 Unopposed MOTION for Martha Swicegood Stwodah to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19083705 for $150 by Stihl Incorporated. (Cavendish, Michael) Motions referred to Magistrate Judge Joel B. Toomey.
January 4, 2022 Filing 14 Unopposed MOTION for Justin David Howard to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19083657 for $150 by Stihl Incorporated. (Cavendish, Michael) Motions referred to Magistrate Judge Joel B. Toomey.
December 23, 2021 Opinion or Order Filing 12 ORDER Setting Hearing on #10 Plaintiff's Counsel's Amended Motion to Withdraw as Attorney of Record of Plaintiff. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 12/23/2021. (AJS)
December 22, 2021 Filing 11 PROPOSED UNIFORM CASE MANAGEMENT REPORT. (Cavendish, Michael) (Modified on 12/22/2021 to edit docket text) (JDR).
December 21, 2021 Filing 10 MOTION for Angelica Carbajal to Withdraw as Attorney by Randall Gaddy. (KEM) Motions referred to Magistrate Judge Joel B. Toomey.
December 2, 2021 Opinion or Order Filing 9 ORDER denying without prejudice #6 Plaintiff's Counsel's Motion to Withdraw as Attorney of Record of Plaintiff. Counsel's filing is due on or before December 23, 2021. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 12/2/2021. (AJS)
November 30, 2021 Filing 8 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CKS)
November 24, 2021 Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Stihl Incorporated identifying Corporate Parent Stihl International GmbH for Stihl Incorporated. (Cavendish, Michael)
November 23, 2021 Filing 6 MOTION for Angelica Carbajal to Withdraw as Attorney. (KEM) Motions referred to Magistrate Judge Joel B. Toomey.
November 17, 2021 Filing 5 COMPLAINT against Stihl Incorporated with Jury Demand filed by Randall Gaddy.(KEM)(Originally filed in State Court 7/21/2021)
November 17, 2021 Filing 4 NOTICE to counsel Angelica Carbajal of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (KEM)
November 16, 2021 Filing 3 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:21-cv-1141-BJD-JBT. (SJB)
November 16, 2021 Filing 2 MOTION to Dismiss for Failure to State a Claim by Stihl Incorporated. (Cavendish, Michael)
November 16, 2021 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court, Fourth Judicial Circuit, Duval County, FL, case number 16-2021-CA-4005 filed in State Court on 07/21/2021. Filing fee $ 402, receipt number AFLMDC-18932082 filed by Stihl Incorporated. (Attachments: #1 Exhibit Ex 1 to NOR, #2 Exhibit Ex 2 to NOR, #3 Exhibit Ex 3 to NOR, #4 State Court ANSWER Defendants Motion to Dismiss, #5 State Court Docket Sheet State Court Docket Sheet, #6 State Court Other Documents State Court Remaining Documents, #7 Civil Cover Sheet JS-44 Civil Cover Sheet)(Cavendish, Michael)

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Plaintiff: Randall Gaddy
Represented By: Angelica Carbajal
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Defendant: Stihl Incorporated
Represented By: Michael Robert Cavendish
Represented By: Justin David Howard
Represented By: Martha Swicegood Stwodah
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