Alston v. Publix Super Markets, Inc.
| Otessa Alston |
| Publix Super Markets, Inc. |
| Ryan Scott Callen |
| 3:2025cv01628 |
| December 30, 2025 |
| U.S. District Court for the Middle District of Florida |
| Brian J Davis |
| Samuel J Horovitz |
| Labor: Other |
| 05 U.S.C. § 0704 Labor Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 32 CASE REFERRED to Mediation. (MLB) |
Filing 31
CASE MANAGEMENT AND SCHEDULING ORDER: Conduct mediation hearing by 10/30/2026; Discovery due by 10/30/2026; Dispositive motions due by 12/4/2026; Pretrial statement due by 4/14/2027; Final Pretrial Conference set for 4/20/2027 at 10:00 AM in Jacksonville Courtroom 12 C before Senior Judge Brian J. Davis; Jury Trial set for trial term commencing on 5/3/2027 at 9:00 AM in Jacksonville Courtroom 12 C before Senior Judge Brian J. Davis. Signed by Senior Judge Brian J. Davis on 5/26/2026. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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Filing 30
ENDORSED ORDER DISCHARGING #20 Order to Show Cause, in light of #21 Defendant's Response to Order to Show Cause, #23 Plaintiff's Response to Order to Show Cause and #29 Case Management Report. Signed by Senior Judge Brian J. Davis on 5/26/2026. (AMP)
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| Filing 29 CASE MANAGEMENT REPORT. (Lee, Kyle) |
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Filing 28
ORDER STRIKING #25 Defendant's Unilateral Case Management Report. On or before May 12, 2026, the parties shall confer and file a case management report which is signed and dated by both parties. Signed by Senior Judge Brian J. Davis on 5/4/2026. (AMP)
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Filing 27
ENDORSED ORDER: In light of the Amended Complaint #22, the Motion to Dismiss #13 is DENIED AS MOOT. Signed by Senior Judge Brian J. Davis on 4/15/2026. (AMP)
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| Filing 26 NOTICE by Publix Super Markets, Inc. re #25 Case Management Report (Attachments: #1 E-mail Communication)(Moore, Jennifer) |
| Filing 25 STRICKEN PER #28 ORDER. UNILATERAL CASE MANAGEMENT REPORT. (Moore, Jennifer) Modified docket text on 5/5/2026 (JOS). |
| Filing 24 MOTION to Dismiss Plaintiff's Amended Complaint by Publix Super Markets, Inc.. (Moore, Jennifer) |
| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re #20 Order to show cause filed by Otessa Alston. (Lee, Kyle) |
| Filing 22 AMENDED COMPLAINT against Publix Super Markets, Inc. with Jury Demand. filed by Otessa Alston.(Lee, Kyle) |
| Filing 21 RESPONSE TO ORDER TO SHOW CAUSE re #20 Order to show cause filed by Publix Super Markets, Inc. (Attachments: #1 Exhibit March 31 communications) (Moore, Jennifer) Modified on 4/6/2026 to edit text. (JVC) |
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Filing 20
ORDER directing the parties to SHOW CAUSE on or before April 10, 2026, why sanctions should not be imposed for their failure to file a Case Management Report within the time prescribed by Local Rule 3.02(b)(1). Signed by Senior Judge Brian J. Davis on 3/30/2026. (AMP)
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Filing 19
ENDORSED ORDER: #18 Plaintiff's Unopposed Motion to Extend Deadline to Respond is GRANTED. Plaintiff shall respond to Defendant's Motion to Dismiss on or before April 8, 2026. Signed by Senior Judge Brian J. Davis on 3/26/2026. (AMP)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss Complaint and Memorandum in Support by Otessa Alston. (Lee, Kyle) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 17 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Publix Super Markets, Inc.. (Moore, Jennifer) |
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Filing 16
ENDORSED ORDER. By February 12, 2026, in accord with Local Rule 3.03, Defendant must file a disclosure statement using the form on the court's website, www.flmd.uscourts.gov. As information, the form changed effective November 1, 2025. Signed by Magistrate Judge Samuel J. Horovitz on 1/29/2026. (BGR)
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| Filing 15 NOTICE of Lead Counsel Designation by Jennifer Monrose Moore on behalf of Publix Super Markets, Inc. Lead Counsel: Jennifer Monrose Moore. (Moore, Jennifer) Modified on 1/29/2026 to edit docket text (MSN). |
| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Publix Super Markets, Inc. (Moore, Jennifer) Modified text on 1/29/2026 (EGP). |
| Filing 13 MOTION to Dismiss Complaint and Memorandum in Support by Publix Super Markets, Inc.. (Attachments: #1 Conferral Email Commuunications)(Moore, Jennifer) |
| Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Otessa Alston. (Lee, Kyle) |
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Filing 11
ENDORSED ORDER directing Plaintiff to comply with the Court's 8 December 31, 2025, Order by no later than January 28, 2026. Signed by Magistrate Judge Samuel J. Horovitz on 1/21/2026. (JLW)
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| Filing 10 RETURN of service executed on 01/07/2026 by Otessa Alston as to Publix Super Markets, Inc. (Lee, Kyle) Modified on 1/12/2026 to edit docket text. (WLB). |
| Filing 9 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 Judicial Assistant). (AMP) |
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Filing 8
ENDORSED ORDER. By January 14, 2026, in accord with Local Rule 3.03, Plaintiff must file a disclosure statement using the form on the court's website, www.flmd.uscourts.gov. As information, the form changed effective November 1, 2025. Signed by Magistrate Judge Samuel J. Horovitz on 12/31/2025. (JLW)
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| Filing 7 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Otessa Alston. (Lee, Kyle) |
| Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Otessa Alston. Related case(s): No (Lee, Kyle) |
| Filing 5 NOTICE of Lead Counsel Designation by Kyle James Lee on behalf of Otessa Alston. Lead Counsel: Kye J. Lee. (Lee, Kyle) |
| Filing 4 NOTICE 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). (CTR) |
| Filing 3 SUMMONS issued as to Publix Super Markets, Inc. (CTR) |
| Filing 2 NEW CASE ASSIGNED to Senior Judge Brian J. Davis and Magistrate Judge Samuel J. Horovitz. New case number: 3:25-cv-1628-BJD-SJH. (RPB) |
| Filing 1 COMPLAINT against Publix Super Markets, Inc. with Jury Demand (Filing fee $405 receipt number AFLMDC-24278480) filed by Otessa Alston. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet)(Lee, Kyle) |
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