Cuevas Vargas v. Sam's East, Inc. et al
| ARIS IRAIDA CUEVAS VARGAS |
| Sam's East, Inc. and JOSE LOPEZ HERNANDEZ |
| 6:2021cv00159 |
| January 22, 2021 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Gregory J Kelly |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Filing 15 CASE REFERRED to Mediation. (LDJ) |
Filing 14
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/9/2021, Joinder of Parties due by 4/9/2021, Discovery due by 7/1/2022, Dispositive motions due by 8/2/2022, Pretrial statement due by 12/5/2022, All other motions due by 11/2/2022, Plaintiff disclosure of expert report due by 5/3/2022, Defendant disclosure of expert report due by 6/2/2022, Trial Status Conference set for 12/13/2022 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Jury Trial set for trial term commencing 1/2/2023 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 7/15/2022. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 3/8/2021. (RMF)ctp
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| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Aris Iraida Cuevas Vargas. (Davis, Brian) |
| Filing 12 CASE MANAGEMENT REPORT. (Edwards, William) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #1 Notice of Removal by Sam's East, Inc. identifying Corporate Parent Walmart Inc for Sam's East, Inc... (Edwards, William) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order to show cause filed by Sam's East, Inc.. (Attachments: #1 Exhibit A - Declaration)(Edwards, William) |
| Filing 9 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 8
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 7
ORDER to show cause On or before February 8, 2021, Defendant shall show cause in writing why the claim for jurisdiction under 28 U.S.C. 1332 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. See, e.g., Travaglio v. Am. Express Co., 735 F.3d 1266, 1270 (11th Cir. 2013) (allowing defective allegations regarding citizenship to be cured through record evidence. Failure to comply with this Order in the time provided may result in this case being dismissed without further warning. Signed by Magistrate Judge Gregory J. Kelly on 1/25/2021. (HMK)
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Filing 6
ENDORSED ORDER denying as moot #4 DEF[E]NDANT, SAM'S EAST, INC.'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION AND INTERROGATORIES. Signed by Magistrate Judge Gregory J. Kelly on 1/25/2021. (HMK)
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Filing 5
ENDORSED ORDER denying as moot #3 DEFENDANT, SAM'S EAST, INC.'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT. Signed by Magistrate Judge Gregory J. Kelly on 1/25/2021. (HMK)
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| Filing 4 MOTION for Extension of Time to File Response/Reply to Plaintiff's First Request for Production and Interrogatories by Sam's East, Inc. [Filed in State Court on 1/11/2021.] (LDJ) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 3 MOTION for Extension of Time to File Answer re #1 Notice of Removal by Sam's East, Inc. [Filed in State Court on 1/11/2021.] (LDJ) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Gregory J. Kelly. New case number: 6:21-cv-0159-Orl-78GJK. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Osceola County Circuit Court, case number 2020-CA-3136 filed in State Court on 12-23-2021. (Filing fee $ 402, receipt number 113A-17801087) filed by Sam's East, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court COPMLAINT, #3 Exhibit B - Service of Process, #4 Exhibit C - Demand, #5 Exhibit D - State Court Docket, #6 Exhibit E - Declaration)(Edwards, William) Modified text on 1/25/2021 (LDJ). (Additional attachment(s) added on 1/25/2021: #7 State Court ANSWER) (LDJ). |
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