Jewell v. The Davey Tree Expert Company et al
| Carolyn Jewell |
| The Davey Tree Expert Company and Llomar Andres Perez-Escalera |
| 5:2023cv00663 |
| November 7, 2023 |
| US District Court for the Middle District of Florida |
| Brian J Davis |
| Philip R Lammens |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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| Filing 32 JOINDER IN NOTICE by Llomar Andres Perez-Escalera re #1 Notice of Removal (Sewell, Susan) Modified on 12/28/2023 to edit docket text(JDR). |
| Filing 31 CORPORATE Disclosure Statement by Llomar Andres Perez-Escalera. (Sewell, Susan) |
Filing 30
CASE MANAGEMENT AND SCHEDULING ORDER: Mediator selection due by 10/1/2024; Discovery due by 1/6/2025; Dispositive motions due by 3/6/2025; Conduct mediation hearing by 4/18/2025; Pretrial statement due by 7/16/2025; Final Pretrial Conference set for 7/23/2025 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 8/4/2025 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 12/20/2023. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP)
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| Filing 29 CASE MANAGEMENT REPORT. (Niznik, Justin) |
| Filing 28 ANSWER and affirmative defenses to Complaint with Jury Demand by Llomar Andres Perez-Escalera.(Sewell, Susan) |
| Filing 27 NOTICE of Designation of E-Mail Addresses for Service of Documents by Llomar Andres Perez-Escalera (Sewell, Susan) Modified text on 12/19/2023 (JK). |
| Filing 26 NOTICE of Appearance by Susan Elizabeth Sewell on behalf of Llomar Andres Perez-Escalera (Sewell, Susan) |
| Filing 25 CORPORATE Disclosure Statement by Carolyn Jewell. (McCarthy, Ryan). Modified on 12/14/2023 to edit docket text (JDR). Modified on 12/14/2023 to edit entry (CKS). |
| Filing 24 Case Reassigned to Judge Brian J. Davis. New case number: 5:23-cv-00663-BJD-PRL. Judge James S. Moody, Jr no longer assigned to the case. (LAB) |
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Filing 23
ORDER OF TRANSFER re #13 Notice of Related Action. Pursuant to Local Rule 1.07, it is ORDERED that this cause is TRANSFERRED to the Honorable Brian J. Davis, with his consent, for all further proceedings. Signed by Judge James S. Moody, Jr. on 12/7/2023. (SMB)
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Filing 22
ENDORSED ORDER granting #21 Motion to Remove Sherri Scarborough, Esq. as Counsel for Plaintiff. (Attorney Sherri Lynn Scarborough terminated.) Signed by Judge James S. Moody, Jr. on 12/6/2023. (SMB)
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| Filing 21 MOTION for Sherri Scarborough to Withdraw as Attorney Motion to Remove Sherri Scarborough, Esq. as Counsel for Plaintiff by Carolyn Jewell. (McCarthy, Ryan) Modified docket text on 12/6/2023 (JTM). |
| Filing 20 NOTICE of a related action per Local Rule 1.07(c) by The Davey Tree Expert Company. Related case(s): Yes (Niznik, Justin) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by The Davey Tree Expert Company identifying Corporate Parent The Davey Tree Expert Company for The Davey Tree Expert Company. (Niznik, Justin) Modified text on 12/1/2023 (JK). |
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Filing 18
ORDER for Sherri Lynn Scarborough, Esq. to comply with the administrative procedures regarding electronic filing. The Clerk is directed to stop sending paper copies to the above-referenced attorney after sending this Order. Signed by Judge James S. Moody, Jr. on 12/1/2023. (SMB)
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| Filing 17 RETURN of service executed on 11/22/2023 by Carolyn Jewell as to Llomar Andres Perez-Escalera. (McCarthy, Ryan) |
| Filing 16 NOTICE by The Davey Tree Expert Company re #1 Notice of Removal (Attachments: #1 Exhibit EXHIBIT A - Citrus County Court - Case Docket with Attachments, #2 Exhibit EXHIBIT B - Meahl Return of Service, #3 Exhibit Exhibit C - 5.15.2023 Demand Letter, #4 Exhibit Exhibit D - Affidavit of Llomar Andres Perez Escalera)(Niznik, Justin) |
| Filing 15 ***INCORRECT EVENT CODE, COUNSEL NOTIFIED TO REFILE.*** PROOF of service by Carolyn Jewell (McCarthy, Ryan) Modified on 11/30/2023 (LD). |
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Filing 14
ENDORSED ORDER granting #13 Plaintiff's Motion for Extension of Time. Plaintiff's deadline to effectuate service on Defendant Llomar Andres Perez Escalera is extended to February 1, 2024. Signed by Judge James S. Moody, Jr. on 11/21/2023. (SMB)
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| Filing 13 MOTION for Extension of Time to File Plaintiff's Motion for Extension of Time to Effect Service of Process on Defendant, Llomar Andres Perez Escalara by Carolyn Jewell. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(McCarthy, Ryan) |
| Filing 12 NOTICE of Lead Counsel Designation by Justin D Niznik on behalf of The Davey Tree Expert Company. Lead Counsel: Justin D. Niznik. (Niznik, Justin) |
| Filing 11 SUMMONS issued as to Llomar Andres Perez-Escalera. (JDR) |
| Filing 10 PROPOSED summons to be issued by Carolyn Jewell. (McCarthy, Ryan) |
| Filing 9 NOTICE of Lead Counsel Designation by Ryan Maurice McCarthy on behalf of Carolyn Jewell. Lead Counsel: Ryan M. McCarthy. (McCarthy, Ryan) |
| Filing 8 NOTICE TO COUNSEL Sherri Scarborough, Ryan M. Mccarthy, Justin D. Niznik 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). (EAM) |
| Filing 7 NOTICE TO COUNSEL Sherri Scarborough 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). (EAM) |
| Filing 6 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. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (SMB) |
| 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). (SMB) |
| Filing 4 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:23-cv-00663-JSM-PRL. (AM) |
| Filing 3 Amended CORPORATE Disclosure Statement by The Davey Tree Expert Company identifying Corporate Parent The Davey Tree Expert Company. (Niznik, Justin) Modified on 11/9/2023 to edit docket text (EAM). |
| Filing 2 CORPORATE Disclosure Statement by The Davey Tree Expert Company identifying Corporate Parent The Davey Tree Expert Company. (Niznik, Justin) Modified on 11/9/2023 to edit docket text (EAM). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court Fifth Judicial Circuit, Citrus County, case number 2023-CA-000216 filed in State Court on 03/19/2023. Filing fee $402, receipt number AFLMDC-21439114 filed by The Davey Tree Expert Company. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Niznik, Justin) |
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