The Estate of Daniel Everett et al v. Under Armour, Inc. et al
| The Estate of Daniel Everett and Wendy Everett |
| Under Armour, Inc., Under Armour Retail of Florida, LLC and Sheldon Wright |
| 6:2022cv01000 |
| June 6, 2022 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| 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 August 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 NOTICE OF SELECTION of Rodney A. Max as mediator by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. (Kleppin, Chris) |
| Filing 45 NOTICE of Appearance by Chelsea A. Lewis on behalf of Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett (Lewis, Chelsea) |
| Filing 44 Amended RESPONSE to Motion re #28 MOTION to Remand to State Court filed by Under Armour, Inc. (Lyons, Angelique) Modified text on 7/26/2022 (LDJ). |
| Filing 43 RESPONSE in Opposition re #28 MOTION to Remand to State Court filed by Under Armour, Inc. (Lyons, Angelique) Modified text on 7/25/2022 (LDJ). |
| Filing 42 CASE REFERRED to Mediation. (LDJ) |
Filing 41
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/15/2022 Discovery due by 5/1/2023 Dispositive motions due by 6/1/2023 Pretrial statement due by 10/12/2023 All other motions due by 9/28/2023 Plaintiff disclosure of expert report due by 1/6/2023 Defendant disclosure of expert report due by 2/3/2023 Final Pretrial Conference set for 10/19/2023 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for trial term commencing 11/6/2023 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr.. Conduct mediation hearing by 5/1/2023. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 7/21/2022. (YG)
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| Filing 40 RESPONSE to Motion re #8 MOTION to Dismiss for Failure to State a Claim , #9 MOTION to Dismiss Complaint Motion to Strike, and in the Alternative For More Definite Statement, #21 MOTION to Dismiss for Failure to State a Claim filed by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. (Kleppin, Chris) Modified text on 7/19/2022 (LDJ). |
| Filing 39 CASE MANAGEMENT REPORT. (Kleppin, Chris) |
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Filing 38
ORDER denying #10 Defendant Sheldon Wright's Motion to Temporarily Stay Discovery Pending Ruling on Motion to Dismiss. Signed by Judge Roy B. Dalton, Jr. on 7/15/2022. (RMF)
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| Filing 37 NOTICE of supplemental authority re #28 MOTION to Remand to State Court In Support of Their Motion for Remand by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. (Attachments: #1 Verdict Form, #2 Final Judgment)(Kleppin, Chris) |
| Filing 36 NOTICE of Scrivener's Error In Their Motion for Remand by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett re #28 MOTION to Remand to State Court (Kleppin, Chris) Modified text on 7/13/2022 (LDJ). |
| Reset deadline as to #28 MOTION to Remand to State Court . Responses due by 7/22/2022. (LDJ) |
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Filing 35
ENDORSED ORDER denying as moot #32 Motion for Extension of Time, in light of the Court's Order at Doc. 33. Signed by Magistrate Judge Embry J. Kidd on 7/11/2022. (Kidd, Embry)
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Filing 34
ENDORSED ORDER granting #31 Motion for Extension of Time. Defendants may have until and through July 22, 2022, to respond to the Motion to Remand. Signed by Magistrate Judge Embry J. Kidd on 7/11/2022. (Kidd, Embry)
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Filing 33
ENDORSED ORDER DENYING Plaintiffs' Motion (Doc. #30). Plaintiffs have not shown good cause for staying disposition of the motions to dismiss or extending the deadline to respond to them. In the event that the Motion for Remand (Doc. #28) is denied, the motions to dismiss Plaintiffs failed to respond to will be considered unopposed. Signed by Judge Roy B. Dalton, Jr. on 7/11/2022. (EP)
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| Filing 32 Joint Unopposed MOTION for Extension of Time until 7/26/22 to File Response/Reply as to #30 Second Renewed MOTION to Stay Briefing and Consideration of the Defendants' Motions to Dismiss Alternatively For Extension of Time to Respond to Defendants' Motions to Dismiss Complaint by All Defendants. (Lyons, Angelique) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 7/11/2022 (LDJ). |
| Filing 31 Joint Unopposed MOTION for Extension of Time until 7/22/22 to File Response/Reply as to #28 MOTION to Remand to State Court by All Defendants. (Lyons, Angelique) Motions referred to Magistrate Judge Embry J. Kidd. Modified text on 7/11/2022 (LDJ). |
| Filing 30 Second Renewed MOTION to Stay Briefing and Consideration of the Defendants' Motions to Dismiss Alternatively For Extension of Time to Respond to Defendants' Motions to Dismiss Complaint by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. (Attachments: #1 Exhibit Returns of Service, #2 Exhibit Order Granting Motion for Summary Judgment)(Kleppin, Chris) Modified text on 7/6/2022 (LDJ). |
| Filing 29 CERTIFICATE of counsel re #22 Order on Motion to Stay, (Certificate of Conferral) by Angelique Groza Lyons on behalf of Under Armour Retail of Florida, LLC, Under Armour, Inc. (Lyons, Angelique) |
| Filing 28 MOTION to Remand to State Court by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. (Attachments: #1 Exhibit Declaration of C. Kleppin, #2 Exhibit Declaration of W. Everett, #3 Exhibit Declaration of J. Doe, #4 Exhibit Declaration of J. Reynaud, #5 Exhibit Returns of Service)(Kleppin, Chris) |
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Filing 27
ENDORSED ORDER DENYING Plaintiffs' Motion (Doc. #24). Plaintiffs seek to stay disposition of the motions to dismiss pending resolution of the motion for remand but no motion for remand has been filed. Plaintiffs also seek an extension of time to respond to the pending motions but have shown no good cause for this extension. The Court notes Defendants' opposition but because Plaintiffs' Motion was designated as time sensitive, no response is needed. Signed by Judge Roy B. Dalton, Jr. on 7/1/2022. (EP)
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| Filing 26 NOTICE of compliance With Court Order by Sheldon Wright (Kelly, Shannon) |
| Filing 25 NOTICE of compliance re #22 Order on Motion to Stay, by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett (Kleppin, Chris) |
| Filing 24 MOTION to Stay Briefing and Consideration of the Defendants' Motion to Dismiss Alternatively for Extension of Time to Respond to Defendants' Motions to Dismiss Complaint by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. (Attachments: #1 Exhibit Returns of Service, #2 Exhibit Order Granting Summary Judgment on GNIED claims)(Kleppin, Chris) |
| Filing 23 Remark: Docs. #12, #15, and #17 have been reviewed. Signed by Judge Roy B. Dalton, Jr. on 6/28/2022. (EP) |
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Filing 22
ORDER denying without prejudice #19 Motion to Stay. The parties are DIRECTED to meet and confer (either in person, by telephone or video) in an effort to resolve the motions currently pending before the Court and inform the Court of the results of that meeting by Friday, July 1, 2022. Signed by Judge Roy B. Dalton, Jr. on 6/28/2022. (YG)
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| Filing 21 MOTION to Dismiss for Failure to State a Claim by Under Armour Retail of Florida, LLC. (Lyons, Angelique) |
| Filing 20 NOTICE of Consent to Removal by Sheldon Wright (Kelly, Shannon) Modified text on 6/29/2022 (LDJ). |
| Filing 19 Time-Sensitive MOTION to Stay Briefing And Consideration Of The Defendants' Motion to Dismiss Alternatively For Extension Of Time To Respond To Defendants' Motion to Dismiss Complaint by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. (Attachments: #1 Exhibit, #2 Exhibit)(Kleppin, Chris) Modified on 6/27/2022 (SPM). |
| Filing 18 NOTICE of a related action per Local Rule 1.07(c) by Under Armour Retail of Florida, LLC, Under Armour, Inc.. Related case(s): Yes (Lyons, Angelique) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by Under Armour Retail of Florida, LLC, Under Armour, Inc.. (Lyons, Angelique) |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Sheldon Wright. Related case(s): Yes (Kelly, Shannon) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Sheldon Wright. (Kelly, Shannon) |
| Filing 14 SUPPLEMENTAL Certification of Compliance re #10 MOTION to Stay Discovery Pending Ruling On Motion To Dismiss, #9 MOTION to Dismiss Complaint Motion to Strike, and in the Alternative For More Definite Statement by Sheldon Wright. (Attachments: #1 Exhibit A)(Kelly, Shannon) Modified text on 6/21/2022 (LDJ). |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. Related case(s): Yes (Kleppin, Chris) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order And Suggestion of Lack of Subject Matter Jurisdiction by Wendy Everett(on behalf of and as natural guardian of Jane Doe), Wendy Everett(an individual), The Estate of Daniel Everett. (Kleppin, Chris) |
| Filing 11 SUPPLEMENTAL Certificate of Good Faith re #8 MOTION to Dismiss for Failure to State a Claim by Under Armour, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lyons, Angelique) Modified text on 6/17/2022 (LDJ). |
| Filing 10 MOTION to Stay Discovery Pending Ruling On Motion To Dismiss by Sheldon Wright. (Kelly, Shannon) |
| Filing 9 MOTION to Dismiss Complaint Motion to Strike, and in the Alternative For More Definite Statement by Sheldon Wright. (Kelly, Shannon) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim by Under Armour, Inc.. (Attachments: #1 Exhibit FCHR Determination)(Lyons, Angelique) |
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Filing 7
ENDORSED ORDER DIRECTING Defendants to answer or move to dismiss the Complaint. See Local Rule 1.06(c). Defendants are warned that further filings must comply with the Local Rules, including Local Rule 3.01(g). Signed by Judge Roy B. Dalton, Jr. on 6/8/2022. (EP)
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Filing 6
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 6/8/2022. (PML)
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Filing 5
INITIAL ORDER re Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 6/7/2022. (YG)
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| Filing 4 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-1000-RBD-EJK. (SJB) |
| Filing 3 NOTICE of Filing Under Armour Retail of Florida, LLC's State Court Motion to Dismiss by Under Armour Retail of Florida, LLC. (Attachments: #1 Affidavit)(Lyons, Angelique) Modified on 6/7/2022 to correct docket text (BD). |
| Filing 2 NOTICE of Filing Sheldon Wright's State Court Motion to Dismiss by Under Armour, Inc., Under Armour Retail of Florida, LLC. (Lyons, Angelique) Modified on 6/7/2022 to correct docket text (BD). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit, in and for Orange County, case number 2022-CA-1115-O filed in State Court on February 7, 2022. Filing fee $402, receipt number AFLMDC-19646697 filed by Under Armour, Inc. (Attachments: #1 State Court Complaint, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Affidavit Loren Pearl)(Lyons, Angelique) Modified on 6/7/2022 to correct docket text (BD). |
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