Mulkins v. BJ's Wholesale Club, Inc. et al
| Terry Mulkins |
| Brendan Blais and BJ's Wholesale Club, Inc. |
| 6:2020cv02313 |
| December 18, 2020 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Daniel C Irick |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 30 NOTICE of mediation conference/hearing to be held on August 26, 2021 at 9:30 a.m. before Gregory Miles.(Woodard, Michael) |
| Filing 29 CASE REFERRED to Mediation. (LDJ) |
Filing 28
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/12/2021, Joinder of Parties due by 3/12/2021, Discovery due by 2/4/2022, Dispositive motions due by 3/11/2022, Pretrial statement due by 7/14/2022, All other motions due by 6/17/2022, Plaintiff disclosure of expert report due by 10/1/2021, Defendant disclosure of expert report due by 11/12/2021, Final Pretrial Conference set for 7/21/2022 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Jury Trial set for 8/1/2022 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Conduct mediation hearing by 3/4/2022. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 2/2/2021. (BIA)
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| Filing 27 RESPONSE to Motion re #23 MOTION to Remand to State Court filed by BJ's Wholesale Club, Inc., Brendan Blais. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Menello, Joseph) |
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Filing 26
ORDER: The Court's December 21, 2020 Order to Show Cause is DISCHARGED in light of Defendants' responses (Docs. #16, #25.) Signed by Judge Roy B. Dalton, Jr. on 1/25/2021. (BIA)
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| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE re #20 Order to show cause filed by BJ's Wholesale Club, Inc., Brendan Blais. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Menello, Joseph) |
| Filing 24 CASE MANAGEMENT REPORT. (Menello, Joseph) |
| Filing 23 MOTION to Remand to State Court by Terry Mulkins. (Woodard, Michael) |
| Filing 22 RESPONSE in Opposition re #13 Amended MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law filed by Terry Mulkins. (Woodard, Michael) |
| Filing 21 NOTICE by Terry Mulkins of Withdrawal of Certain Claims Without Prejudice (Woodard, Michael) |
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Filing 20
ORDER: By Friday, January 22, 2021 Defendants are DIRECTED to respond to the Court's OSC (Doc. 8) with evidence establishing Plaintiff's citizenship. Failure to respond may result in remand of this action for lack of subject matter jurisdiction without further notice. Signed by Judge Roy B. Dalton, Jr. on 1/5/2021. (BIA)
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| Filing 19 Remark: Doc. #18 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 1/5/21. (EBU) |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by Terry Mulkins. (Woodard, Michael) |
| Filing 17 NOTICE of Appearance by Michael Cosmas Woodard on behalf of Terry Mulkins (Woodard, Michael) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re #8 Order to show cause filed by BJ's Wholesale Club, Inc., Brendan Blais. (Attachments: #1 Exhibit A - Declaration Under Penalty of Perjury of Brendan Blais, #2 Exhibit B - E-mail Correspondence dated November 17, 2020)(Menello, Joseph) |
| Filing 15 NOTICE of pendency of related cases re #6 Related case order and track 2 notice per Local Rule 1.04(d) by BJ's Wholesale Club, Inc., Brendan Blais. Related case(s): yes (Menello, Joseph) Modified link on 12/30/2020 (LDJ). |
| Filing 14 Remark: Doc. #11 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 12/29/20. (EBU) |
| Filing 13 Amended MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law by BJ's Wholesale Club, Inc., Brendan Blais. (Menello, Joseph) |
| Reset deadline: Case management report due by 1/25/2021 (LDJ) |
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Filing 12
ENDORSED ORDER granting #10 Joint Motion for Extension of Time. The parties shall file the case management report by 1/25/2021. Signed by Magistrate Judge Daniel C. Irick on 12/23/2020. (Irick, Daniel)
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| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #7 Interested persons order by BJ's Wholesale Club, Inc., Brendan Blais. (Menello, Joseph) |
| Filing 10 Joint MOTION for Extension of Time to File Case Management Report and Memorandum of Law by BJ's Wholesale Club, Inc., Brendan Blais. (Menello, Joseph) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 9
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (RN)
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Filing 8
ORDER: By Monday, January 4, 2021, Defendants are ORDERED TO SHOW CAUSE by written response why its claim for jurisdiction under 28 U.S.C. 1332(a) should not be dismissed or disregarded due to deficient citizenship allegations. The response must be supported by evidence, which should be in the form of an affidavit or declaration under penalty of perjury. Signed by Judge Roy B. Dalton, Jr. on 12/21/2020. (BIA)
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| Filing 7 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 1/4/2021. Signed by Deputy Clerk on 12/21/2020. (BIA) (ctp) |
| Filing 6 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 1/4/2021. Signed by Deputy Clerk on 12/21/2020. (BIA) (ctp) |
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Filing 5
ENDORSED ORDER denying without prejudice #4 Motion to Dismiss or Motion to Strike, filed in state court prior to removal. On or before 12/28/2020, Defendant shall respond to the Complaint. See Fed.R.Civ.P. 81(c)(2). If a motion to dismiss is re-filed, it shall comply with the rules of this Court. Signed by Magistrate Judge Daniel C. Irick on 12/21/2020. (Irick, Daniel)
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| Filing 4 MOTION to Dismiss or MOTION to Strike Complaint by BJ's Wholesale Club, Inc., Brendan Blais. (LDJ) [Filed in State Court on 11/16/20.] Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 3 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Daniel C. Irick. New case number: 6:20-cv-2313-Orl-37DCI. (SJB) |
| Filing 2 NOTICE of Appearance of Counsel by Patrick L. Mixson on behalf of BJ's Wholesale Club, Inc., Brendan Blais (Mixson, Patrick) Modified text on 12/21/2020 (LDJ). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Osceola County Circuit Court, case number 2020-CA-1778-ON filed in State Court on 7/15/2020. (Filing fee $ 402, receipt number 113A-17683435) filed by Brendan Blais, BJ's Wholesale Club, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 State Court COMPLAINT, #11 State Court Pending Motions, #12 State Court Docket Sheet, #13 State Court Other Documents, #14 Civil Cover Sheet)(Menello, Joseph) Modified text on 12/21/2020 (LDJ). |
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