Martinez v. Lowe's Home Centers, LLC
| Lazaro Martinez |
| Lowe's Home Centers, LLC, a Foreign Limited Liability Company, Lowe's Home Centers, LLC and XPO Last Mile, Inc. |
| Moderno Logistics Corp. |
| 6:2022cv00461 |
| March 4, 2022 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Robert M Norway |
| Leslie Hoffman Price |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 78 Case Reassigned to Magistrate Judge Robert M. Norway. New case number: 6:22-cv-461-RMN. Judge Roy B. Dalton, Jr. no longer assigned to the case. (RPB) |
Filing 77
ORDER granting #74 Renewed Motion for Settlement Approval. The parties' [70-1] Joint Settlement Agreement, with Paragraphs 5(d) and 9 stricken, is approved. The case is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to terminate all pending motions and deadlines and close this case. Signed by Magistrate Judge Robert M. Norway on 4/28/2023. (JBS)
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Filing 76
ORDER approving consent to jurisdiction by US Magistrate Judge. Signed by Judge Roy B. Dalton, Jr. on 4/27/2023. (ALL)
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| Filing 75 CONSENT to trial by U.S. Magistrate Judge by Lazaro Martinez. (Hoogerwoerd, Peter) |
| Filing 74 Joint Agreed STIPULATION re #71 Order on Motion for Settlement, by Lazaro Martinez. (Hoogerwoerd, Peter) Modified on 4/25/2023 to edit docket text (SRD). Modified on 4/28/2023 (GNB). |
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Filing 73
ENDORSED ORDER granting the parties' #72 Joint Motion to Extend a Deadline to file. The parties shall file their notice on or before April25., 2023. The parties are also reminded that they may consent to the jurisdiction of the assigned magistrate judge to resolve their pending joint motion to approve their FLSA settlement agreement and dismiss the case with prejudice. Doing so would allow the resolution of the pending motion without the necessity of the issuance of a report and recommendation. If the parties would like to consent to the magistrate judge resolving the motion and granting the relief requested therein, they must all sign and file Form AO 85A, available at https://www.flmd.uscourts.gov/forms/all. Signed by Magistrate Judge Robert M. Norway on 4/11/2023. (Norway, Robert)
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| Filing 72 Joint MOTION for Extension of Time to File Joint Notice of Agreement to Strike Paragraphs 5(d)and 9 from Settlement Agreement by Lowe's Home Centers, LLC, XPO Last Mile, Inc. (Hale, Chase) Motions referred to Magistrate Judge Robert M. Norway. Modified on 4/12/2023 to edit docket text (SRD). |
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Filing 71
ORDER denying without prejudice #70 Joint Motion to Approve Settlement. The parties are directed to renew their motion on or before April 11, 2023 or file a joint notice, as indicated in the issued order. Signed by Magistrate Judge Robert M. Norway on 3/28/2023. (Norway, Robert)
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| Filing 70 Renewed Joint MOTION for Approval of FLSA Settlement and Dismissal of Action With Prejudice and Incorporated Memorandum of Law by Lowe's Home Centers, LLC, XPO Last Mile, Inc. (Attachments: #1 Exhibit A)(Prather, Laura) Motions referred to Magistrate Judge Robert M. Norway. Modified on 3/21/2023 to edit docket text (SRD). |
| Filing 69 Case Reassigned to Magistrate Judge Robert M. Norway. New case number: 6:22-cv-461-RBD-RMN. Magistrate Judge David A. Baker no longer assigned to the case. (RPB) |
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Filing 68
ORDER denying without prejudice #67 Joint Motion for Approval of FLSA Settlement and Dismissal of Action with Prejudice and Incorporated Memorandum of Law. Signed by Magistrate Judge David A. Baker on 3/8/2023. (ECJ)
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| Filing 67 Joint MOTION for Settlement Approval of FLSA Action by Lazaro Martinez, XPO Last Mile, Inc.. (Attachments: #1 Exhibit A - Settlement Agreement)(Hoogerwoerd, Peter) |
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Filing 66
ORDER. On or before March 2, 2023, the parties shall file a joint motion for approval of their settlement agreement, including their supporting documents regarding the nature of the claims, the terms of settlement (including the justification for any reduction of plaintiff's claim), and pertinent information regarding any allowance for fees for the Court to determine whether the parties' FLSA Agreement is a "fair and reasonable" resolution of a bona fide dispute as required under Lynn's Food Stores, Inc. v. United States Department of Labor, 679 F.2d 1350 (11th Cir. 1982). Signed by Magistrate Judge David A. Baker on 1/31/2023. (TNP)
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| Filing 65 STATUS report jointly filed regarding settlement by XPO Last Mile, Inc., Lowe's Home Centers, LLC. (Hale, Chase) |
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Filing 64
ENDORSED ORDER granting #63 Motion to Appear Telephonically. Signed by Magistrate Judge David A. Baker on 12/29/2022. (Baker, David)
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| Filing 63 Unopposed MOTION for Peter M. Hoogerwoerd to appear telephonically by Lazaro Martinez. (Seldin, Corey) |
| Filing 62 ANSWER to court interrogatories re: #58 Case Management Scheduling Order by Lazaro Martinez. (Seldin, Corey) |
| Filing 61 NOTICE of compliance re #58 Case Management / FLSA / ADA / Social Security / Scheduling Order by Lazaro Martinez (Seldin, Corey) |
| Filing 60 NOTICE of compliance re #58 Case Management / FLSA / ADA / Social Security / Scheduling Order by XPO Last Mile, Inc. (Hale, Chase) |
| Filing 59 NOTICE of compliance re #58 Case Management / FLSA / ADA / Social Security / Scheduling Order by Lowe's Home Centers, LLC (Hale, Chase) |
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Filing 58
FLSA SCHEDULING ORDER. Signed by Judge Roy B. Dalton, Jr. on 11/1/2022. (ALL)
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Filing 57
It is ORDERED and ADJUDGED that XPO's Third Party Complaint (Doc. #38) is DISMISSED WITHOUT PREJUDICE. Moderno's Motion (Doc. #51) is DENIED AS MOOT. The Clerk is DIRECTED to terminate Moderno as a party to this action. The Case Management and Scheduling Order (Doc. #16) is VACATED. The parties are DIRECTED to comply with the deadlines and procedures in the Court's FLSA Scheduling Order that will be entered separately. Signed by Judge Roy B. Dalton, Jr. on 10/28/2022. (ALL)
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| Filing 56 RESPONSE in Opposition re #51 MOTION to Compel MOTION to Dismiss or Alternatively Stay filed by XPO Last Mile, Inc.. (Hale, Chase) |
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Filing 55
ENDORSED ORDER granting #54 Motion for Extension of Time to File Response / Reply. Signed by Magistrate Judge David A. Baker on 10/5/2022. (Baker, David)
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| Filing 54 Unopposed MOTION for Extension of Time to File Response/Reply as to #51 MOTION to Compel MOTION to Dismiss by XPO Last Mile, Inc.. (Hale, Chase) Motions referred to Magistrate Judge David A. Baker. |
| Filing 53 Remark: Doc. #52 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 10/3/2022. (EP) |
| Filing 52 CERTIFICATE of interested persons and corporate disclosure statement re #3 Order pdf by XPO Last Mile, Inc. identifying Corporate Parent XPO Logistics, Inc. for XPO Last Mile, Inc., XPO Last Mile, Inc.. (Prather, Laura) |
| Filing 51 Amended Third Party MOTION to Compel Arbitration and MOTION to Dismiss or alternatively, Stay and incorporated memorandum of law by Moderno Logistics Corp. (White, Jamie) Modified to Add MOTION to Dismiss and edit text on 9/23/2022 (LMF). |
| Filing 50 Remark: Doc. #46 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/15/2022. (EP) |
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Filing 49
ENDORSED ORDER denying without prejudice #48 Motion to Compel arbitration. Third Party Defendant has filed a motion to compel arbitration in this case. Upon preliminary review of the motion, it is apparent that Movant's arguments do not reflect consideration of a recent decision of the United States Supreme Court that materially changed how such motions are to be decided. Morgan v. Sundance, Inc., 142 S.Ct. 1708 (May 23, 2022). Indeed, in Morgan, the Court abrogated a great many cases. Before other parties are required to respond, Movant should present its arguments taking into account the current state of the law. Accordingly, the motion to compel arbitration is DENIED without prejudice to re-filing, to include discussion of the holding and implications of the Morgan decision. Signed by Magistrate Judge David A. Baker on 9/15/2022. (Baker, David)
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| Filing 48 Third Party MOTION to Compel Arbitration and Dismiss or Alternatively Stay and Incorporated Memorandum of Law by Moderno Logistics Corp.. (White, Jamie) Motions referred to Magistrate Judge David A. Baker. Modified to edit text on 9/16/2022 (LMF). |
| Filing 47 NOTICE of mediation conference/hearing to be held on 11/30/2022 before Carlos J. Burruezo, Esq.. (Prather, Laura) Modified to edit text on 9/15/2022 (LMF). |
| Filing 46 CERTIFICATE of interested persons and corporate disclosure statement by Moderno Logistics Corp.. (White, Jamie) Modified to edit text on 9/15/2022 (LMF). |
| Set/reset deadlines/hearings: for Moderno Logistics Corp.. Answer due by 9/15/2022. (RDO) |
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Filing 45
ENDORSED ORDER granting #41 Motion for Extension of Time to File Response / Reply. Provided, this extension shall not be relied upon for seeking extension of any other deadlines. Signed by Magistrate Judge David A. Baker on 8/18/2022. (Baker, David)
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| Filing 44 Case Reassigned to Magistrate Judge David A. Baker. New case number: 6:22-cv-461-RBD-DAB. Magistrate Judge Leslie Hoffman Price no longer assigned to the case. Motion(s) REFERRED: #41 MOTION for Extension of Time to File Response/Reply to #38 Third Party Complaint and Incorporated Memorandum of Law. Motion(s) referred to Magistrate Judge David A. Baker. (RPB) |
| Filing 43 NOTICE by XPO Last Mile, Inc. re #38 Third Party Complaint of Filing Return of Service (Attachments: #1 Exhibit A)(Prather, Laura) |
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Filing 42
ORDER of recusal. The Clerk of Court is directed to reassign this case to another United States Magistrate Judge. Signed by Magistrate Judge Leslie Hoffman Price on 8/15/2022. (BAB)
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| Filing 41 MOTION for Extension of Time to File Response/Reply to #38 Third Party Complaint and Incorporated Memorandum of Law by Moderno Logistics Corp.. (White, Jamie) Motion referred to Magistrate Judge Leslie Hoffman Price. Text modified on 8/17/2022 (RDO). |
| Filing 40 NOTICE of Appearance by Jamie Lynn White on behalf of Moderno Logistics Corp. (White, Jamie) |
| Filing 39 SUMMONS issued as to Moderno Logistics Corp. (LDJ) |
| Filing 38 THIRD PARTY COMPLAINT against Moderno Logistics Corp. filed by XPO Last Mile, Inc. (Attachments: #1 Exhibit A, #2 Proposed Summons)(Prather, Laura) Modified text on 7/8/2022 (LDJ). |
| Filing 37 ANSWER and affirmative defenses to #27 Amended Complaint by XPO Last Mile, Inc. (Prather, Laura) Modified text on 6/29/2022 (LDJ). |
| Filing 36 ANSWER and affirmative defenses to #27 Amended Complaint by Lowe's Home Centers, LLC.(Prather, Laura) Modified text on 6/29/2022 (LDJ). |
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Filing 35
ORDER granting #33 Defendant Lowe's Home Centers, LLC's Second Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint; granting #34 Defendant XPO Last Mile, Inc.'s Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. The deadline Defendants, Lowe's Home Centers, LLC and XPO Last Mile, Inc. to respond to the Complaint is extended up to and including June 28, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 6/21/2022. (BAB)
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| Filing 34 Unopposed MOTION for Extension of Time until 7/5/22 to File Response/Reply as to #27 Amended Complaint by XPO Last Mile, Inc. (Hale, Chase) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified text on 6/21/2022 (LDJ). |
| Filing 33 Unopposed MOTION for Extension of Time until 6/28/22 to File Response/Reply as to #27 Amended Complaint by Lowe's Home Centers, LLC. (Hale, Chase) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified text on 6/21/2022 (LDJ). |
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Filing 32
ORDER granting #31 Defendant Lowe's Home Centers, LLC's Unopposed Motion for Extension of Time to Respond to Plaintiff's Amended Complaint. The deadline for Defendant, Lowe's Home Centers, LLC, to respond to the Amended Complaint is extended up to and including June 21, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 6/7/2022. (BAB)
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| Filing 31 Unopposed MOTION for Extension of Time until 6/21/22 to File Response/Reply as to #27 Amended Complaint by Lowe's Home Centers, LLC. (Hale, Chase) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified text on 6/7/2022 (LDJ). |
| Filing 30 SUMMONS issued as to XPO Last Mile, Inc. (LDJ) |
| Filing 29 PROPOSED summons to be issued by Lazaro Martinez. (Seldin, Corey) |
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Filing 28
ENDORSED ORDER DENYING AS MOOT Defendant's Motion to Dismiss (Doc. #13) in light of Plaintiff's Amended Complaint (Doc. #27). Signed by Judge Roy B. Dalton, Jr. on 5/25/2022. (EP)
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| Filing 27 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Lazaro Martinez.(Seldin, Corey) |
| Set deadline: Amended Complaint due by 5/27/2022. (LDJ) |
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Filing 26
ENDORSED ORDER GRANTING Plaintiff's Motion to Amend (Doc. #25). The Court finds that because this would be Plaintiff's first amended complaint and it would address some of the issues raised in Defendant's summary judgment motion, it is in the interest of justice to allow Plaintiff to amend. See Fed. R. Civ. P. 15(a)(2). By Friday, May 27, 2022, Plaintiff may file an amended complaint. The Court notes Defendant's opposition but no response is needed. Signed by Judge Roy B. Dalton, Jr. on 5/20/2022. (EP)
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| Filing 25 MOTION to Amend Plaintiff's Complaint by Lazaro Martinez. (Attachments: #1 Exhibit Amended Complaint w proof of employment)(Seldin, Corey) |
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Filing 24
ENDORSED ORDER TO STRIKE Plaintiff's Amended Complaint (Doc. 23). Plaintiff must seek leave to amend its Complaint as it is outside the time constraints of Federal Rule of Civil Procedure 15(a)(1). The Court is DIRECTED to remove (Doc. 23) from the docket. Signed by Judge Roy B. Dalton, Jr. on 5/19/2022. (EP)
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| Filing 23 (STRICKEN and REMOVED per Endorsed Order 24) AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Lazaro Martinez. (Attachments: # 1 Exhibit Failure to pay, Alleged claims that stalled pay, # 2 Exhibit Payment deducted by tow expense, # 3 Exhibit Method of payment through Zelle, # 4 Exhibit Proof of Proof of employment - Lowe's order form, # 5 Exhibit Proof of employment - Services provided by Lowe's performed by Plaintiff, # 6 Exhibit Proof of employment - Lowe's prohibiting days off when demand high, # 7 Exhibit Proof of employment - Lowe's order form, # 8 Exhibit Proof of employment - Defendants' contacts, # 9 Exhibit Proof of Employment - Truck towed making Lowe's delivery)(Seldin, Corey) Modified text on 5/19/2022 (LDJ). |
| Filing 22 NOTICE of mediation conference/hearing to be held on 9/15/2022 before Carlos Burruezo, Esq.. (Attachments: #1 Text of Proposed Order)(Seldin, Corey) |
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Filing 21
ORDER granting #20 Motion for Extension of Time. The deadline for the parties to file a Notice with the Court advising of the date and location of the parties' mediation, see Doc. No. 16, at 3, 12, is extended up to and including May 16, 2022. No other deadlines are extended by this Order. Signed by Magistrate Judge Leslie Hoffman Price on 5/2/2022. (MKH)
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| Filing 20 Unopposed MOTION for Extension of Time to File Notice of Mediation by Lowe's Home Centers, LLC. (Hale, Chase) Motions referred to Magistrate Judge Leslie Hoffman Price. |
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Filing 19
ORDER re #13 MOTION to Dismiss complaint or, Alternatively, for Summary Judgment filed by Lowe's Home Centers, LLC. The Motion Doc. #13 is TAKEN UNDER ADVISEMENT. By Tuesday, May 17, 2022, Plaintiff may respond to Defendant's Motion with evidence, including evidence relevant to the issue of whether Defendant ever employed Plaintiff. Failure to respond will result in the Motion being considered unopposed. By Tuesday, May 31, 2022, Defendant may reply to any filing madeby Plaintiff. Signed by Judge Roy B. Dalton, Jr. on 4/26/2022. (YG)
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| Set deadlines as to #13 MOTION to Dismiss complaint or, Alternatively, for Summary Judgment . Responses due by 5/17/2022 Replies due by 5/31/2022. (LDJ) |
| Filing 18 CASE REFERRED to Mediation. (LDJ) |
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Filing 17
STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH)
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Filing 16
(VACATED per Order #57) CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/22/2022 Discovery due by 1/13/2023 Dispositive motions due by 3/3/2023 Pretrial statement due by 7/13/2023 All other motions due by 6/29/2023 Plaintiff disclosure of expert report due by 5/9/2023 Defendant disclosure of expert report due by 6/9/2023 Final Pretrial Conference set for 7/20/2023 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for trial term commencing 8/7/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. Conduct mediation hearing by 2/3/2023. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 4/18/2022. (YG) Modified text on 10/31/2022 (LDJ).
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| Filing 15 CASE MANAGEMENT REPORT. (Hale, Chase) |
| Filing 14 Remark: Docs. #6, #8 have been reviewed. Signed by Judge Roy B. Dalton, Jr. on 3/22/2022. (EP) |
| Filing 13 MOTION to Dismiss complaint or, Alternatively, for Summary Judgment by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit A - Affidavit of Frank A. Rodriguez)(Prather, Laura) Modified text on 4/4/2022 (LDJ). |
| Reset deadline for Lowe's Home Centers, LLC. Answer due by 4/1/2022. (LDJ) |
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Filing 12
ORDER granting #11 Motion for Extension of Time to File Response. The deadline for Defendant to respond to the complaint is extended up to and including April 1, 2022. Absent good cause, this deadline will not be further extended. Signed by Magistrate Judge Leslie Hoffman Price on 3/25/2022. (TYI)
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| Filing 11 Second Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by Lowe's Home Centers, LLC. (Prather, Laura) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 3/25/2022 (KNC). |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Lazaro Martinez. Related case(s): No (Seldin, Corey) |
| Filing 9 NOTICE of Lead Counsel Designation by Corey Logan Seldin on behalf of Lazaro Martinez. Lead Counsel: Peter M. Hoogerwoerd, Esq.. (Seldin, Corey) |
| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement re #3 Order pdf by Lazaro Martinez. (Seldin, Corey) |
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Lowe's Home Centers, LLC. Related case(s): No (Prather, Laura) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #3 Order pdf by Lowe's Home Centers, LLC identifying Corporate Parent Lowes Companies, Inc. for Lowe's Home Centers, LLC. (Hale, Chase) |
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Filing 5
ORDER granting #4 Motion for Extension of Time. The deadline for Defendant to respond to Plaintiff's complaint is extended up to and including March 25, 2022. Signed by Magistrate Judge Leslie Hoffman Price on 3/11/2022. (MKH)
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| Reset deadline for Lowe's Home Centers, LLC. Answer due by 3/25/2022. (LDJ) |
| Filing 4 Unopposed and Time Sensitive MOTION for Extension of Time until 3/25/22 to File Response/Reply as to #1 Notice of Removal by Lowe's Home Centers, LLC. (Prather, Laura) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified text on 3/10/2022 (LDJ). |
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Filing 3
INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 3/7/2022. (YG)
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| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Leslie Hoffman Price. New case number: 6:22-cv-0461-RBD-LHP. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court - 9th Jud. Cir. in & for Orange County, case number 2022-CA-501 filed in State Court on 01/18/2022. Filing fee $402, receipt number AFLMDC-19303338 filed by Lowe's Home Centers, LLC, a Foreign Limited Liability Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 State Court Complaint, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet)(Prather, Laura) Modified on 3/7/2022 to correct docket text (BD). |
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