Diaz Munoz v. Wal-Mart Stores East LP
| Zusel Diaz Munoz |
| Wal-Mart Stores East LP and John Doe |
| 3:2023cv00178 |
| February 17, 2023 |
| US District Court for the Middle District of Florida |
| Marcia Morales Howard |
| Laura Lothman Lambert |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on April 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 RESPONSE to Motion re #25 First MOTION to Compel Discovery of Prior Similar Complaints and/or Incidents From Defendant, Wal-Mart Stores East, LP with Memorandum of Law filed by Wal-Mart Stores East LP. (Hackman, Jenna) |
| Filing 26 ANSWER and affirmative defenses to #16 Corrected Complaint with Jury Demand by Wal-Mart Stores East LP.(Hackman, Jenna) Modified on 4/4/2023 to edit text (AET). |
| Filing 25 First MOTION to Compel Discovery of Prior Similar Complaints and/or Incidents From Defendant, Wal-Mart Stores East, LP by Zusel Diaz Munoz. (Papero, Aaron) Motions referred to Magistrate Judge Laura Lothman Lambert. |
| Filing 24 NOTICE: Upon review of #17 Defendant's Second Amended Notice of Removal, the Court's sua sponte inquiry into its subject matter jurisdiction is satisfied. (MHM) |
Filing 23
ENDORSED ORDER discharging #18 Order to Show Cause. Signed by Judge Marcia Morales Howard on 3/20/2023. (JW)
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| Filing 22 NOTICE of Lead Counsel Designation by Aaron Matthew Papero on behalf of Zusel Diaz Munoz. Lead Counsel: Aaron Papero, Esquire. (Papero, Aaron) |
| Filing 21 CORPORATE Disclosure Statement by Zusel Diaz Munoz identifying Corporate Parent Steinger, Greene & Feiner for Zusel Diaz Munoz.. (Papero, Aaron) |
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re #18 Order to show cause, filed by Zusel Diaz Munoz. (Papero, Aaron) |
| Filing 19 RULE 26(A) Initial Disclosures by Zusel Diaz Munoz re #18 Order to show cause. (Papero, Aaron) Modified on 3/20/2023 to edit text (AET). |
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Filing 18
ORDER directing Plaintiff to show cause why this case should not be dismissed or sanctions imposed due to Plaintiff's failure to comply with the Local Rules and this Court's Order. Show Cause Response due by 3/31/2023. Signed by Judge Marcia Morales Howard on 3/17/2023. (JW) Modified on 3/21/2023 DISCHARGED per Endorsed Court Order 23 (AET).
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| Filing 17 SECOND AMENDED Notice of Removal to the United States District Court for the Middle District of Florida by Wal-Mart Stores East LP. re #3 Amended document. (Attachments: #1 Exhibit Exhibit A - State Court Complaint, #2 Exhibit Exhibit B Ct Corp Service of Process, #3 Exhibit Exhibit C - PL Drivers License, #4 Exhibit Exhibit D - PL Demand and Bills, #5 Exhibit Exhibit E - State Court documents and Docket, #6 State Court COMPLAINT, #7 State Court ANSWER, #8 State Court Docket Sheet)(Hackman, Jenna) Modified on 3/17/2023 to edit text (AET). |
| Filing 16 CORRECTED COMPLAINT against Wal-Mart Stores East, LP with Jury Demand filed by Zusel Diaz Munoz. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Papero, Aaron) Modified on 3/16/2023 to edit text and to notify counsel re correct case number (AET). |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement Amended by Wal-Mart Stores East LP identifying Corporate Parent Walmart, Inc., Other Affiliate WSE Management, LLC, Other Affiliate WSE Investment, LLC, Other Affiliate Wal-Mart Stores East, LLC, Other Affiliate Wal-Mart Stores East, LP for Wal-Mart Stores East LP. (Hackman, Jenna) |
| Filing 14 Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: STATUS CONFERENCE held on 3/7/2023; striking #3 Defendant's Amended Notice of Removal, #7 Defendant's Corporate Disclosure Statement, and #5 Plaintiff's Complaint. Amended filings due March 17, 2023. Court Reporter: Katharine Healey (JW) |
| Filing 13 CASE REFERRED to Mediation. (BGR) |
| Filing 12 NOTICE of Lead Counsel Designation by Jenna Tracy Hackman on behalf of Wal-Mart Stores East LP. Lead Counsel: Jenna T. Hackman, Esq.. (Hackman, Jenna) |
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Filing 11
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Plaintiff's disclosure statement due 3/10/2023. Discovery due by 1/5/2024. Dispositive motions due by 1/31/2024. Conduct mediation hearing by 2/29/2024. Final Pretrial Conference set for 6/17/2024 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 7/1/2024 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 3/2/2023. (Attachments: #1 Mediation Report Form, #2 Court Docket)(JW)
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| Filing 10 NOTICE TO COUNSEL Jason Elwood Boone and Jenna Tracy Hackman of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AET) |
| Filing 9 CASE MANAGEMENT REPORT. (Hackman, Jenna) |
| Filing 8 NOTICE OF HEARING: Status Conference set for 3/7/2023 at 11:00 AM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link.(MHM) |
| Filing 7 (STRICKEN per #14 Minutes) CORPORATE Disclosure Statement by Wal-Mart Stores East LP identifying Corporate Parent Walmart, Inc., Other Affiliate WSE Management, LLC, Other Affiliate WSE Investment, LLC, Other Affiliate Wal-Mart Stores East, LLC f/k/a Walmart Stores East, Inc. for Wal-Mart Stores East LP.. (Hackman, Jenna) (Modified on 3/8/2023, to edit text) (BGR). |
| Filing 6 ANSWER and affirmative defenses to #5 Complaint with Jury Demand by Wal-Mart Stores East LP. (Filed in State Court on February 8, 2023)(AET) |
| Filing 5 (STRICKEN per #14 Minutes) COMPLAINT against John Doe, Wal-Mart Stores East LP with Jury Demand filed by Zusel Diaz Munoz. (Filed in State Court on January 13, 2023)(AET) (Modified on 3/8/2023, to edit text) (BGR). |
| Filing 4 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). (JW) |
| Filing 3 (STRICKEN per #14 Minutes) AMENDED document by Wal-Mart Stores East LP. Amendment to #1 Notice of Removal to Federal Court. (Hackman, Jenna) (Modified on 3/8/2023, to edit text) (BGR). |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Laura Lothman Lambert. New case number: 3:23-cv-0178-MMH-LLL. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of Duval County, case number 16-2023-CA-000253-XXXX-MA filed in State Court on 1/13/2023. Filing fee $402, receipt number AFLMDC-20524974 filed by Wal-Mart Stores East LP. (Attachments: #1 State Court COMPLAINT EXHIBIT A- Complaint, #2 Exhibit EXHIBIT B- Diversity Exhibit, #3 State Court ANSWER, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet)(Hackman, Jenna) |
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