Nieves v. WestRock Company
| Hector Nieves |
| WestRock Company and WestRock Services LLC |
| 6:2022cv00413 |
| February 24, 2022 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Embry J Kidd |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 19 MOTION to Dismiss Counts VI and VIII of the Plaintiff's First Amended Complaint by WestRock Company, WestRock Services LLC. (Attachments: #1 Exhibit A - EEOC Charge of Discrimination)(Carter, Avery) |
| Filing 18 RESPONSE in Opposition re #16 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Hector Nieves. (Attachments: #1 Exhibit Affidavit of Plaintiff, #2 Exhibit Physical Location, #3 Exhibit Legal Notice of Integration)(Costa, Jorge) |
| Filing 17 RETURN of service on 4/1/2022 as to Westrock Services, LLC by Hector Nieves (Costa, Jorge) Modified on 4/12/2022 (KNC). |
| Filing 16 MOTION to Dismiss for Failure to State a Claim, or in the Alternative, MOTION to Dismiss Counts II and IV of the Amended Complaint by WestRock Company. (Attachments: #1 Exhibit Declaration of Jennifer Lattimore, #2 Exhibit EEOC - Charge of Discrimination)(Carter, Avery) Modified on 4/5/2022 (matched text to pleading) (KNC). |
| Filing 15 CASE REFERRED to Mediation. Mediator: Marlene Quintana (KNC) |
Filing 14
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 7/8/2022 Joinder of Parties due by 7/8/2022 Discovery due by 6/30/2023 Dispositive motions due by 8/1/2023 Pretrial statement due by 12/4/2023 All other motions due by 11/1/2023 Plaintiff disclosure of expert report due by 3/9/2023 Defendant disclosure of expert report due by 4/10/2023 Trial Status Conference set for 12/12/2023 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for trial term commencing 1/1/2024 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 7/14/2023. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 3/28/2022. (RMF)ctp
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| Filing 13 SUMMONS issued as to WestRock Services LLC. (KNC) |
| Filing 12 PROPOSED summons to be issued by Hector Nieves. (Georges-Pierre, Anthony) |
| Filing 11 CASE MANAGEMENT REPORT. (Carter, Avery) |
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Filing 10
ENDORSED ORDER denying as moot #6 Defendant's Motion to Dismiss. Signed by Judge Wendy W. Berger on 3/23/2022. (KS)
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| Filing 9 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Hector Nieves.(Costa, Jorge) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by WestRock Company identifying Other Affiliate WestRock Services, LLC, Other Affiliate WRKCo Inc for WestRock Company. (Carter, Avery) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Hector Nieves. (Costa, Jorge) |
| Filing 6 MOTION to Dismiss Complaint, or in the Alternative, MOTION to Dismiss Counts II and IV by WestRock Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Boyd, Ginger) Modified on 3/4/2022 (matched text to pleading) (KNC). |
| Filing 5 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. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (ALL) |
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Filing 4
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). 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 3/1/2022. (ALL)
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Filing 3
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 2/25/2022. (PML) ctp
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| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-0413-WWB-EJK. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Eighteenth Judicial Circuit for Seminole County, case number 2022CA000121 filed in State Court on 01/19/2022. Filing fee $402, receipt number AFLMDC-19271253 filed by WestRock Company. (Attachments: #1 State Court Complaint, #2 Exhibit Summons, #3 Civil Cover Sheet)(Boyd, Ginger) Modified on 2/24/2022 to correct docket text (BD). |
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