Stalsberg v. Costco Wholesale Corporation, et al
| Randy Stalsberg |
| COSTCO WHOLESALE CORPORATION and Jetson Electric Bikes, LLC |
| 5:2022cv00289 |
| June 23, 2022 |
| US District Court for the Middle District of Florida |
| Philip R Lammens |
| James S Moody |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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| Filing 27 ANSWER and affirmative defenses with Jury Demand to #13 Amended Complaint by Costco Wholesale Corporation.(Walker, Joshua) |
Filing 26
ORDER: The Court hereby strikes Paragraphs 66(d) and 83(i) from the Amended Complaint because Plaintiff withdraws any reference to a breach of warranty claim against Defendant Costco. Defendant Costco Wholesale Corporation's Motion to Dismiss Amended Complaint (Dkt. #18) is denied as moot. Defendant Costco shall file its answer to the Amended Complaint within fourteen (14) days of this Order. Signed by Judge James S. Moody, Jr. on 8/22/2022. (SMB)
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| Filing 25 RESPONSE to Motion re #18 MOTION to Dismiss Plaintiff's Amended Complaint filed by Randy Stalsberg. (Patterson, Mark) |
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Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 7/11/2023; Dispositive motions due by 8/4/2023; Pretrial Conference set for THURSDAY, JANUARY 11, 2024 at 9:45 AM in Tampa Courtroom 17 before Judge James S. Moody, Jr. Jury Trial set on the FEBRUARY 2024 trial term in Tampa Courtroom 17 before Judge James S. Moody, Jr. Conduct mediation hearing by 8/4/2023. Lead counsel to coordinate dates. Signed by Judge James S. Moody, Jr. on 8/5/2022. (KAC)
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| Filing 23 CASE MANAGEMENT REPORT. (Walker, Joshua) |
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Filing 22
ENDORSED ORDER re #21 Certificate of Consent of Withdrawal of Dylan J. Hooper, Esq. on behalf of Plaintiff. Dylan J. Hooper, Esq. is relieved as counsel for Plaintiff in this matter. Signed by Judge James S. Moody, Jr. on 7/29/2022. (SMB)
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| Filing 21 NOTICE by Randy Stalsberg Consent for Attorney Withdrawal (Hooper, Dylan) |
| Filing 20 NOTICE of Appearance by Mark Patterson on behalf of Randy Stalsberg (Patterson, Mark) |
| Filing 19 ANSWER and affirmative defenses with Jury Demand to #13 Amended Complaint by Jetson Electric Bikes, LLC.(Walker, Joshua) |
| Filing 18 MOTION to Dismiss Plaintiff's Amended Complaint by Costco Wholesale Corporation. (Walker, Joshua) |
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Filing 17
ENDORSED ORDER granting #16 Motion for Chad E. Leeper, Esq. to Withdraw as Counsel as to Defendant Costco Wholesale Corporation. Signed by Judge James S. Moody, Jr. on 7/20/2022. (SMB)
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| Filing 16 MOTION for Chad E. Leeper to Withdraw as Attorney by Costco Wholesale Corporation. (Leeper, Chad) |
| Filing 15 NOTICE of Appearance by Joshua B. Walker on behalf of Costco Wholesale Corporation. (Walker, Joshua) Modified to reflect counsel notified of full use of case number on all filings on 7/21/2022 (JK). |
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Filing 14
ENDORSED ORDER denying as moot #10 Motion to Dismiss pursuant to the filing of the Amended Complaint. Signed by Judge James S. Moody, Jr on 7/12/2022. (JG)
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| Filing 13 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Randy Stalsberg. (Attachments: #1 Exhibit Subject E-Bike Manual and Safety Warnings)(Hooper, Dylan) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re 4 Notice to Counsel of Local Rule,,,,,,, Local Rule 3.03 Disclosure Statement by Jetson Electric Bikes, LLC. (Walker, Joshua) |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Jetson Electric Bikes, LLC. Related case(s): No (Walker, Joshua) |
| Filing 10 MOTION to Dismiss Complaint by Jetson Electric Bikes, LLC. (Walker, Joshua) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Costco Wholesale Corporation. Related case(s): Yes (Leeper, Chad) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Costco Wholesale Corporation. (Leeper, Chad) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement re 4 Notice to Counsel of Local Rule,,,,,,, by Randy Stalsberg. (Hooper, Dylan) |
| Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Randy Stalsberg. Related case(s): No (Hooper, Dylan) |
| Filing 5 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (KAC) |
| Filing 4 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (KAC) |
| Filing 3 NOTICE by Costco Wholesale Corporation of Filing (Attachments: #1 State Court Other Documents)(Leeper, Chad) |
| Filing 2 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:22-cv-0289-JSM-PRL. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from The Circuit Court of the Fifth Judicial Circuit in and for Sumter County, Florida, case number 2022-CA-000181 filed in State Court on 4/04/2022. Filing fee $402, receipt number AFLMDC-19704062 filed by Costco Wholesale Corporation. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D Answer and Affirmative Defenses, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet, #8 State Court Docket Sheet)(Leeper, Chad) |
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