Yergey v. Brinker Florida, Inc.
Plaintiff: David A. Yergey, III
Defendant: Brinker Florida, Inc. and Brinker Florida, Inc. doing business as Chili's Grill & Bar
Case Number: 6:2020cv00917
Filed: May 27, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Roy B Dalton
Referring Judge: Leslie R Hoffman
2 Judge: G Kendall Sharp
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 20, 2020 Opinion or Order Filing 26 ORDER directing Plaintiff David A. Yergey, III to respond to #23 MOTION to Dismiss Amended Complaint. Responses due by 7/31/2020 Signed by Judge Roy B. Dalton, Jr. on 7/20/2020. (BIA)(ctp)
July 20, 2020 Opinion or Order Filing 25 ORDER denying without prejudice #24 Motion to Compel. Signed by Magistrate Judge Leslie R. Hoffman on 7/20/2020. (MKH)
July 17, 2020 Filing 22 MEMORANDUM in support re #1 Notice of Removal and Defendant's Motion to Dismiss filed by Brinker Florida, Inc.. (Cafaro, Joseph)
July 15, 2020 Filing 21 NOTICE of mediation conference/hearing to be held on February 2, 2021 at 1:30p.m. before Dan Honeywell. (Bilecki, Christopher)
July 13, 2020 Filing 20 CASE REFERRED to Mediation. (LDJ)
July 13, 2020 Opinion or Order Filing 19 ORDER: The parties are directed to confer, and then advise the Court, on the selection of a mediator no later than July 27, 2020. Signed by Judge Roy B. Dalton, Jr. on 7/13/2020. (BIA) (ctp)
July 13, 2020 Opinion or Order Filing 18 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/24/2020, Joinder of Parties due by 8/24/2020, Discovery due by 2/5/2021, Dispositive motions due by 3/5/2021, Pretrial statement due by 7/1/2021, All other motions due by 6/11/2021, Plaintiff disclosure of expert report due by 12/3/2020, Defendant disclosure of expert report due by 1/4/2021, Final Pretrial Conference set for 7/15/2021 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Jury Trial set for 8/2/2021 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.., Conduct mediation hearing by 2/15/2021. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 7/13/2020. (BIA) (ctp)
June 25, 2020 Filing 17 CASE MANAGEMENT REPORT. (Bilecki, Christopher)
June 23, 2020 Opinion or Order Filing 16 ORDER denying #11 Motion to Remand to State Court. Signed by Judge Roy B. Dalton, Jr. on 6/22/2020. (BIA) (ctp)
June 18, 2020 Filing 15 NOTICE of pendency of related cases (removed from state court case) re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Brinker Florida, Inc.. Related case(s): N (Stratton, Christopher) Modified text on 6/19/2020 (LDJ).
June 17, 2020 Filing 14 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Brinker Florida, Inc.. (Cafaro, Joseph)
June 10, 2020 Filing 13 Remark: Doc. #12 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 6/10/20. (MT)
June 9, 2020 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Brinker Florida, Inc. identifying Corporate Parent Brinker International, Inc. for Brinker Florida, Inc... (Cafaro, Joseph)
June 3, 2020 Filing 11 MOTION to Remand to State Court by David A. Yergey, III. (Attachments: #1 Exhibit Initial Complaint, #2 Exhibit Verified Return of Service, #3 Exhibit Amended Complaint)(Bilecki, Christopher)
June 3, 2020 Filing 10 Remark: Doc. #8 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 6/3/20. (MT)
June 2, 2020 Filing 9 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by David A. Yergey, III. Related case(s): yes (Bilecki, Christopher)
June 2, 2020 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by David A. Yergey, III. (Bilecki, Christopher)
June 2, 2020 Filing 7 Case Reassigned to Judge Roy B. Dalton, Jr.. New case number: 6:20-cv-917-ORL-37LRH. Senior Judge G. Kendall Sharp no longer assigned to the case. (MAA)
June 2, 2020 Opinion or Order Filing 6 ORDER reassigning this case to another District Judge for all further proceedings. Signed by Senior Judge G. Kendall Sharp on 6/2/2020. (SC)
May 28, 2020 Opinion or Order Filing 5 STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie R. Hoffman on 1/6/2020. (MKH)
May 28, 2020 Opinion or Order Filing 4 INTERESTED PERSONS ORDER for both Plaintiff and Defendant. Certificate of interested persons and corporate disclosure statement due within 14 days from the date of this order. Signed by Senior Judge G. Kendall Sharp on 5/28/2020. (counsel emailed)(AKC)
May 28, 2020 Opinion or Order Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due within 14 days from the date of this order. Signed by Senior Judge G. Kendall Sharp on 5/28/2020. (counsel mailed/emailed)(AKC)
May 27, 2020 Filing 24 MOTION to Compel Better Responses to Defendant's Request for Admission by Brinker Florida, Inc. (Filed in State Court on 4/3/20) (LDJ) Motions referred to Magistrate Judge Leslie R. Hoffman.
May 27, 2020 Filing 23 MOTION to Dismiss Amended Complaint or Alternatively, MOTION for More Definite Statement by Brinker Florida, Inc. (Filed in State Court on 5/15/20) (LDJ) Motions referred to Magistrate Judge Leslie R. Hoffman.
May 27, 2020 Filing 2 NEW CASE ASSIGNED to Senior Judge G. Kendall Sharp and Magistrate Judge Leslie R. Hoffman. New case number: 6:20-cv-917-Orl-18LRH. (SJB)
May 27, 2020 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit in and for Osceola County, Florida, case number 2019-CA-4113 filed in State Court on 12/16/2019. Filing fee $ 400, receipt number 113A-16852207 filed by Brinker Florida, Inc.. (Attachments: #1 State Court COMPLAINT Amended Complaint / EXHIBIT "C", #2 State Court Pending Motions (pending) Defendant's Motion to Compel Better Responses to Request for Admissions, #3 State Court Pending Motions (pending) Defendant's Motion to Dismiss Amended Complaint, #4 State Court Docket Sheet EXHIBIT "D" - State Court docket sheet, #5 Civil Cover Sheet, #6 Exhibit "A" - original Complaint, #7 Exhibit "B" - Plaintiff's Response to Request for Admissions, #8 Exhibit "E" - David A. Yergey, III Florida Bar Member Profile, #9 Exhibit "F" - St. Cloud Fire Rescue records, #10 Exhibit "G" - Brinker Florida, Inc. corporate filings (FL and VA), #11 State Court Other Documents EXHIBIT "D" - State Court documents)(Stratton, Christopher)

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Defendant: Brinker Florida, Inc.
Represented By: Christopher Scott Stratton
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Defendant: Brinker Florida, Inc. doing business as Chili's Grill & Bar
Represented By: Joseph Anthony Cafaro
Represented By: Christopher Scott Stratton
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Plaintiff: David A. Yergey, III
Represented By: David Aaron Paul
Represented By: Christopher James Bilecki
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