Barnes v. Wal-Mart Stores East LP et al
| Sonya Barnes |
| Wal-Mart Stores East LP and Bogey Say |
| 6:2021cv00071 |
| January 8, 2021 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Daniel C Irick |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 8, 2021. A more recent docket listing may be available from PACER.
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Filing 24
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/31/2021, Joinder of Parties due by 3/31/2021, Discovery due by 1/21/2022, Dispositive motions due by 2/25/2022, Pretrial statement due by 6/24/2022, All other motions due by 6/1/2022, Plaintiff disclosure of expert report due by 10/15/2021, Defendant disclosure of expert report due by 11/19/2021, Trial Status Conference set for 7/12/2022 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Jury Trial set for trial term commencing 8/1/2022 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 2/13/2022. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 3/8/2021. (RMF)ctp
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| Filing 23 REQUEST for oral argument re #19 Amended MOTION to Remand to State Court by Sonya Barnes. (Fletcher, Ryan) |
| Filing 22 NOTICE of mediation conference/hearing to be held on July 13, 2021 at 9:30 a.m. before David Schwartz, Esq.. (Relihan, Michael) |
| Filing 21 RESPONSE in Opposition re #19 Amended MOTION to Remand to State Court filed by Bogey Say, Wal-Mart Stores East LP. (Attachments: #1 Exhibit A - Amended Affidavit)(Featherstone, George) Modified text on 2/23/2021 (LDJ). |
| Filing 20 CASE MANAGEMENT REPORT. (Relihan, Michael) |
| Filing 19 Amended MOTION to Remand to State Court by Sonya Barnes. (Attachments: #1 Exhibit A)(Fletcher, Ryan) |
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Filing 18
ORDER denying without prejudice #17 Plaintiff's Motion to Remand to State Court. Plaintiff may file an amended motion in compliance with all applicable rules and orders on or before February 10, 2021. Signed by Judge Wendy W. Berger on 2/8/2021. (RMF)ctp
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| Filing 17 MOTION to Remand to State Court by Sonya Barnes. (Attachments: #1 Exhibit A to Motion to Remand to State court)(Fletcher, Ryan) |
| Filing 16 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 listed in Rule 3.02(d). These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF)ctp |
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Filing 15
NOTICE TO COUNSEL AND PARTIES: The Local Rules of the Middle District of Florida have been amended effective February 1, 2021, and will apply, as amended and in accordance with the January 13, 2021 Standing Order, to this case for all filings made on or after February 1, 2021. Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the striking of non-compliant filings, dismissal of this action, or entry of default without further notice. Signed by Judge Wendy W. Berger on 1/28/2021. (RMF)ctp
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| Filing 14 Amended MOTION to Dismiss Plaintiff's Allegations of Negligent Mode of Operation by Bogey Say, Wal-Mart Stores East LP. (Relihan, Michael) Modified text on 1/27/2021 (LDJ). |
| Filing 13 Amended MOTION to Dismiss Count II of Plaintiff's Complaint by Bogey Say, Wal-Mart Stores East LP. (Attachments: #1 Exhibit A - Affidavit of Bogey Say - Signed)(Relihan, Michael) Modified text on 1/27/2021 (LDJ). |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Bogey Say, Wal-Mart Stores East LP. (Relihan, Michael) Modified link on 1/25/2021 (LDJ). |
| Filing 11 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by Bogey Say, Wal-Mart Stores East LP. Related case(s): yes (Relihan, Michael) Modified link on 1/25/2021 (LDJ). |
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Filing 10
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (RN)
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Filing 9
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 1/19/2021. (RMF)ctp
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Filing 8
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/2/2021. Signed by Judge Wendy W. Berger on 1/19/2021. (RMF)ctp
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| Filing 7 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/2/2021. Signed by Deputy Clerk on 1/19/2021. (RMF)ctp |
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Filing 6
ORDER: it is ORDERED and ADJUDGED that Defendant Wal-Mart Stores East LP's Motion to Dismiss #3 and Defendant Bogey Say's Motion to Dismiss Count II #4 are DENIED without prejudice. On or before January 26, 2021, the parties may file amended motions pursuant to applicable federal law and rules of procedure. Signed by Judge Wendy W. Berger on 1/12/2021. (RMF)ctp
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| Set deadlines: Amended Pleadings due by 1/26/2021 (ARJ) |
| Filing 5 NOTICE to counsel Ryan A. Fletcher of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (LDJ) (copies emailed) |
| Filing 4 MOTION to Dismiss Count II of the Complaint by Bogey Say. [Filed in State Court on 12/29/2020.] (LDJ) |
| Filing 3 MOTION to Dismiss Paragraph 11 of the Complaint, MOTION to Strike by Wal-Mart Stores East LP. [Filed in State Court on 12/29/2020.] (LDJ) |
| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Daniel C. Irick. New case number: 6:21-cv-0071-Orl-78DCI. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Orange County Circuit Court, case number 2020-CA-012015-O filed in State Court on 12/4/2020. (Filing fee $ 402, receipt number 113A-17746883) filed by All Defendants. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summonses, #3 Exhibit C - Demand Letter, #4 Exhibit D - Incident Report and Medicals, #5 Exhibit E - State Court File, #6 Exhibit F - Corp Records, #7 Exhibit G - Affidavit of Bogey Say - Signed, #8 Civil Cover Sheet)(Featherstone, George) Modified text on 1/11/2021 (LDJ). (Additional attachment(s) added on 1/11/2021: #9 State Court COMPLAINT, #10 State Court ANSWER, #11 State Court Docket Sheet) (LDJ). |
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