Brewer v. The Evangelical Lutheran Good Samaritan Society
Plaintiff: BOYCE BREWER and Dolores Brewer
Defendant: The Evangelical Lutheran Good Samaritan Society d/b/a Good Samaritan Society Kissimmee Village and The Evangelical Lutheran Good Samaritan Society doing business as Good Samaritan Society-Kissimmee Village
Case Number: 6:2022cv01503
Filed: August 23, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: David A Baker
Referring Judge: Paul G Byron
2 Judge: Embry J Kidd
3 Judge: Carlos E Mendoza
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2022 Set deadlines: Status Report as to arbitration due by 4/4/2023 and every 180 days thereafter. (SPM)
October 6, 2022 Case Stayed. (SPM)
October 6, 2022 Opinion or Order Filing 26 ENDORSED ORDER granting #21 Defendant's Motion to Compel Arbitration in light of #24 Joint Stipulation Regarding Parties' Agreement to Binding Arbitration. This case is STAYED pending the conclusion of arbitration. On or before November 7, 2022, the parties shall initiate arbitration. On or before April 4, 2023, and every 180 days thereafter, Defendant shall file a report, advising the Court as to the status of arbitration. The Clerk is directed to administratively close this case. Signed by Judge Carlos E. Mendoza on 10/6/2022. (JW)
October 6, 2022 Filing 25 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: TELEPHONE CONFERENCE held on 10/6/2022. Court Reporter: Suzanne L. Trimble (MEH)
October 5, 2022 Filing 24 Joint STIPULATION Regarding Parties' Agreement to Binding Arbitration re #21 MOTION to Compel Arbitration, Stay Proceedings and Accompanying Memorandum of Law by The Evangelical Lutheran Good Samaritan Society. (Fudge, Donna) Modified on 10/6/2022 (SPM).
October 4, 2022 Filing 23 NOTICE OF HEARING ON MOTION re #21 Motion to Compel Arbitration, Stay Proceedings and Accompanying Memorandum of Law . Telephonic Motion Hearing set for 10/6/2022 at 11:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 100622. (MEH)
September 30, 2022 Filing 22 CASE MANAGEMENT REPORT. (Fudge, Donna)
September 16, 2022 Filing 21 MOTION to Compel Arbitration, Stay Proceedings and Accompanying Memorandum of Law by The Evangelical Lutheran Good Samaritan Society. (Attachments: #1 Exhibit, #2 Exhibit)(Fudge, Donna) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 9/19/2022 (SPM).
September 16, 2022 Filing 20 Case Reassigned to Magistrate Judge Embry J. Kidd. New case number: 6:22-cv-1503-CEM-EJK. Magistrate Judge David A. Baker no longer assigned to the case. (RPB)
September 16, 2022 Opinion or Order Filing 19 ENDORSED ORDER: This cause is before the Court upon a sua sponte review of the file. It is ORDERED that this case is transferred to the Honorable Magistrate Judge Embry J. Kidd, with his consent, pursuant to Local Rule 1.07(a), Middle District of Florida. Signed by Magistrate Judge David A. Baker on 9/16/2022. (Baker, David)
September 16, 2022 Opinion or Order Filing 18 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 Carlos E. Mendoza on 9/16/2022. (MEH)
September 16, 2022 Opinion or Order Filing 17 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 9/16/2022. (MEH)
September 16, 2022 Filing 16 Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:22-cv-1503-CEM-DAB. Judge Paul G. Byron no longer assigned to the case. (RPB)
September 15, 2022 Opinion or Order Filing 15 ORDER TRANSFERRING CASE to the Honorable Judge Carlos E. Mendoza, with his consent, pursuant to Local Rule 1.07(a), Middle District of Florida. Signed by Judge Paul G. Byron on 9/15/2022. (SJB)
September 15, 2022 Opinion or Order Filing 14 ENDORSED ORDER denying without prejudice #13 Motion to Compel arbitration. Defendant has filed a motion to compel arbitration in this case. Upon preliminary review of the motion, it is apparent that Defendant'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 Plaintiff is required to respond, Defendant 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)
September 15, 2022 Filing 13 MOTION to Compel Arbitration, Stay Proceedings and Accompanying Memorandum of Law by The Evangelical Lutheran Good Samaritan Society. (Attachments: #1 Exhibit, #2 Exhibit)(Fudge, Donna) Motions referred to Magistrate Judge David A. Baker.
September 13, 2022 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Dolores Brewer. (Dean, William) Modified to reflect filed in incorrect case and counsel notified on 9/14/2022 (JK).
September 13, 2022 Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Dolores Brewer. Related case(s): Yes (Dean, William) Modified to reflect filed in incorrect case and counsel notified on 9/14/2022 (JK).
September 8, 2022 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Dolores Brewer. (Dean, William)
September 8, 2022 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Dolores Brewer. Related case(s): Yes (Dean, William) Modified on 9/9/2022 to edit the docket text (RPB).
September 8, 2022 Filing 8 NOTICE of Related action per Local Rule 1.07(c) by The Evangelical Lutheran Good Samaritan Society Related case(s): Yes. (Fudge, Donna) Modified on 9/8/2022 to edit the docket text (RPB).
September 7, 2022 Filing 7 **FILED IN ERROR, WRONG CASE** NOTICE of a related action per Local Rule 1.07(c) by Dolores Brewer. Related case(s): Yes (Dean, William) Modified on 9/8/2022 to edit docket text (KNC).
August 29, 2022 Opinion or Order Filing 6 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge David A. Baker on 8/29/2022. (TNP)
August 25, 2022 Opinion or Order Filing 5 INITIAL ORDER re: Case Management and Deadlines for both Plaintiff and Defendant. Signed by Judge Paul G. Byron on 8/25/2022. (AKC)
August 24, 2022 Filing 4 NOTICE to counsel William A. Dean of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (SRD)
August 23, 2022 Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by The Evangelical Lutheran Good Samaritan Society . (Fudge, Donna) Modified text on 8/24/2022 (SRD).
August 23, 2022 Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge David A. Baker. New case number: 6:22-cv-1503-PGB-DAB. (SJB)
August 23, 2022 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit, Osceola County, case number 2022 CA 001693 filed in State Court on 6/29/2022. Filing fee $402, receipt number AFLMDC-19917159 filed by The Evangelical Lutheran Good Samaritan Society (Attachments: #1 State Court COMPLAINT , #2 Exhibit B. TELGSS Business Entity Detail, #3 Exhibit C. Florida Fictitious Name, #4 State Court Other Documents Interrogatories to Defendant, #5 State Court Other Documents Request for Admissions to Defendant, #6 State Court Other Documents Request to Produce to Defendant, #7 State Court Other Documents State Civil Cover Sheet, #8 State Court Other Documents State Summons, #9 Civil Cover Sheet - Federal)(Fudge, Donna) Modified text on 8/24/2022 (SRD).

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Plaintiff: BOYCE BREWER
Represented By: William A. Dean
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Plaintiff: Dolores Brewer
Represented By: William A. Dean
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Defendant: The Evangelical Lutheran Good Samaritan Society d/b/a Good Samaritan Society Kissimmee Village
Represented By: Donna J. Fudge
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Defendant: The Evangelical Lutheran Good Samaritan Society doing business as Good Samaritan Society-Kissimmee Village
Represented By: Donna J. Fudge
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