Rodriguez v. BJ's Wholesale Club, Inc.
| Genaro Rodriguez |
| BJ's Wholesale Club, Inc. and Mike Marcus |
| 6:2023cv00727 |
| April 21, 2023 |
| US District Court for the Middle District of Florida |
| Wendy W Berger |
| Daniel C Irick |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 RESPONSE re #17 Memorandum in opposition filed by BJ's Wholesale Club, Inc.. (Attachments: #1 Exhibit A)(Mixson, Patrick) |
| Filing 19 CASE REFERRED to Mediation. Mediator: Julie Walbroel (KNC) |
Filing 18
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/22/2023 Joinder of Parties due by 8/22/2023 Discovery due by 11/1/2024 Dispositive motions due by 12/3/2024 Pretrial statement due by 4/7/2025 All other motions due by 3/5/2025 Plaintiff disclosure of expert report due by 9/3/2024 Defendant disclosure of expert report due by 10/3/2024 Trial Status Conference set for 4/8/2025 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the May 2025 trial term commencing on 5/5/2025 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 11/15/2024. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 5/23/2023. (RMF)
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| Filing 17 MEMORANDUM in opposition and Incorporated MOTION to Remand re #13 Motion to Dismiss filed by Genaro Rodriguez. (Attachments: #1 Exhibit Medical Bill)(Kobylinski, Tyler) Modified on 5/25/2023 to edit docket text and change event (KNC). |
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Filing 16
ENDORSED ORDER to strike re: #15 Plaintiff's Opposition to Defendants' Motion to Dismiss, Incorporated Motion to Remand, and Memorandum of Law fails to comply with this Court's January 13, 2021 Standing Order. Plaintiff is cautioned that future failures to comply with all applicable rules and orders of this Court may result in the striking or denial of filings without notice or leave to refile. Signed by Judge Wendy W. Berger on 5/11/2023. (ETW)
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| Filing 15 **STRICKEN PER 16 ORDER** RESPONSE in Opposition re #13 MOTION to Dismiss Plaintiff's Complaint and Incorporated Motion to Remand filed by Genaro Rodriguez. (Attachments: #1 Exhibit "A")(Kobylinski, Tyler) Modified on 5/10/2023 to edit docket text (KNC). Modified on 5/12/2023 to edit docket text(KNC). |
| Filing 14 CASE MANAGEMENT REPORT. (Mixson, Patrick) |
| Filing 13 MOTION to Dismiss Plaintiff's Complaint by BJ's Wholesale Club, Inc. (Mixson, Patrick) Modified on 5/10/2023 to edit docket text (KNC). |
| Filing 12 NOTICE of Withdrawal of Motion to Dismiss and Intent to Confer with Opposing Counsel Before Refiling by BJ's Wholesale Club, Inc. (Mixson, Patrick) Modified on 5/8/2023 to edit docket text (KNC). |
| Filing 11 MOTION to Dismiss Plaintiff's Complaint by BJ's Wholesale Club, Inc. (Mixson, Patrick) Modified on 5/8/2023 to edit docket text (KNC). |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by BJ's Wholesale Club, Inc. (Mixson, Patrick) Modified on 5/4/2023 to edit docket text (KNC). |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Genaro Rodriguez. (Kobylinski, Tyler) |
| Filing 8 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). (RMF) |
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Filing 7
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 5/3/2023. (RMF)
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| Filing 6 NOTICE of Lead Counsel Designation by Tyler Ross Kobylinski on behalf of Genaro Rodriguez. Lead Counsel: Tyler R. Kobylinski. (Kobylinski, Tyler) |
| Filing 5 NOTICE of Lead Counsel Designation by Patrick L. Mixson on behalf of BJ's Wholesale Club, Inc. Lead Counsel: Patrick L. Mixson. (Mixson, Patrick) Modified on 4/25/2023 to edit docket text (KNC). |
| Filing 4 NOTICE TO COUNSEL - of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (KNC) |
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Filing 3
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (ECJ)
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| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Daniel C. Irick. New case number: 6:23-cv-727-WWB-DCI. (AM) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit, Osceola County, case number 2023 CA 000788 filed in State Court on 3/18/2023. Filing fee $402, receipt number AFLMDC-20751064 filed by BJ's Wholesale Club, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 State Court COMPLAINT, #5 State Court Docket Sheet, #6 State Court Other Documents, #7 Civil Cover Sheet)(Mixson, Patrick) |
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