Arocha v. BJ's Wholesale Club, Inc.
| Juan Arocha and Juan J. Arocha |
| BJ's Wholesale Club, Inc. and BJ's Wholesale Club, Inc. doing business as BJ's Wholesale Club #154 |
| 6:2022cv02160 |
| November 18, 2022 |
| US District Court for the Middle District of Florida |
| Anne C Conway |
| Daniel C Irick |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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Filing 19
ORDER granting in part and denying in part #14 Motion to Remand to State Court. The Motion is granted as to remanding the case. The Motion is denied as to the extent Plaintiff seeks to recover fees and costs for improvident removal by Defendant. The case is remanded to the Circuit Court of the Ninth Judicial Circuit in and for Osceola County, Florida. The clerk is directed to mail a certified copy of this Order remanding the case to the Circuit Court of the Ninth Judicial Circuit in and for Osceola County, Florida and to close the case.. Signed by Judge Anne C. Conway on 12/24/2022. (KM)
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| Filing 18 RESPONSE to Motion re #14 MOTION to Remand to State Court and Incorporated Memorandum of Law filed by BJ's Wholesale Club, Inc.. (Attachments: #1 Exhibit A)(Mixson, Patrick) |
| Filing 17 CASE REFERRED to Mediation. Counsel is directed to reach out to opposing counsel, contact mediator, select a mediation date and file a notice with the court within 14 days from the date of this order advising the court of the scheduled mediation date. (KM) |
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Filing 16
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 7/24/2023. Joinder of Parties due by 7/24/2023. Discovery due by 4/1/2024. Dispositive motions due by 4/15/2024. Pretrial statement due by 8/23/2024. All other motions due by 5/13/2024. Plaintiff disclosure of expert report due by 2/1/2024. Defendant disclosure of expert report due by 3/1/2024. Jury Trial set for the trial term commencing on 10/1/2024 at 09:00 AM in Orlando Courtroom 6 A before Judge Anne C. Conway. Conduct mediation hearing by 4/12/2024. Lead counsel to coordinate dates. Signed by Judge Anne C. Conway on 12/16/2022. (KM)
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| Filing 15 CASE MANAGEMENT REPORT. (Vickaryous, James) |
| Filing 14 MOTION to Remand to State Court by Juan J. Arocha. (Attachments: #1 Exhibit 1)(Vickaryous, James) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by BJ's Wholesale Club, Inc. Related case(s): Yes (Mixson, Patrick) Modified on 12/20/2022 to edit docket text (SRD). |
| Filing 12 NOTICE of Lead Counsel Designation by Patrick L. Mixson on behalf of BJ's Wholesale Club, Inc. Lead Counsel: Patrick L. Mixson, Esquire. (Mixson, Patrick) Modified on 12/5/2022 to edit docket text (SRD). |
| Filing 11 NOTICE to counsel Patrick L. Mixson and Luc C. Mazzini II of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SRD) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested persons order, by Juan J. Arocha. (Vickaryous, James) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Juan J. Arocha. Related case(s): Yes (Vickaryous, James) |
| Filing 8 NOTICE of Appearance by James Gabriel Vickaryous on behalf of Juan J. Arocha (Vickaryous, James) |
| Filing 7 NOTICE of Lead Counsel Designation by James Gabriel Vickaryous on behalf of Juan J. Arocha. Lead Counsel: Savanna N. Gaslin, Esq.. (Vickaryous, James) |
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Filing 6
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by BJ's Wholesale Club, Inc. (Mixson, Patrick) Modified on 11/29/2022 to edit docket text (SRD). |
| Filing 4 NOTICE to counsel Savanna N. Gaslin 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) |
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Filing 3
INITIAL CASE ORDER for Plaintiff and Defendant- 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. Parties have 14 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge Anne C. Conway on 11/18/2022. (KM) Modified on 11/22/2022 (KM).
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| Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Daniel C. Irick. New case number: 6:22-cv-02160-ACC-DCI. (APV) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Osceola County Circuit Court, case number 2022-CA-002590-ON filed in State Court on 10/3/2022. Filing fee $402, receipt number AFLMDC-20219687 filed by BJ's Wholesale Club, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 State Court COMPLAINT, #4 State Court ANSWER, #5 State Court Docket Sheet, #6 State Court Other Documents, #7 Civil Cover Sheet)(Mixson, Patrick) Modified on 11/21/2022 to edit docket text (SRD). |
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