Wentzel v. Walmart Inc.
| Erika Wentzel |
| WALMART INC., d/b/a SAM'S CLUB and Walmart Inc. a Foreign Profit Corporation doing business as Sam's Club |
| 6:2023cv01383 |
| July 21, 2023 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Embry J Kidd |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 The parties are directed to confer, and then advise the Court, on the selection of a mediator no later than October 2, 2023. Signed by Judge Roy B. Dalton, Jr. on 9/18/2023. (ALL) |
Filing 23
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 10/16/2023, Joinder of Parties due by 10/16/2023, Discovery due by 4/5/2024, Dispositive motions due by 5/7/2024, Pretrial statement due by 9/12/2024, All other motions due by 8/29/2024, Plaintiff disclosure of expert report due by 2/6/2024, Defendant disclosure of expert report due by 3/7/2024, Final Pretrial Conference set for 9/19/2024 at 10:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Jury Trial set for term commencing 10/7/2024 at 09:00 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr. Conduct mediation hearing by 4/19/2024. Lead counsel to coordinate dates. Signed by Judge Roy B. Dalton, Jr. on 9/18/2023. (ALL)
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| Filing 22 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). (LD) |
| Filing 21 NOTICE of Appearance by DeArica Richard on behalf of Walmart Inc. (Richard, DeArica) |
| Filing 20 CASE MANAGEMENT REPORT. (Reed, Gregory) |
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Filing 19
ORDER denying #17 Motion to Remand to State Court. Signed by Judge Roy B. Dalton, Jr. on 8/30/2023. (ALL)
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| Filing 18 RESPONSE in Opposition re #17 MOTION to Remand to State Court DEFENDANT, WALMART'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO REMAND [DE 17] AND INCORPORATED MEMORANDUM OF LAW filed by Walmart Inc.. (Reed, Gregory) |
| Filing 17 MOTION to Remand to State Court by Erika Wentzel. (Evelev, David) |
| Filing 16 Remark: Doc. #14 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/10/2023. (JWG) |
| Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Erika Wentzel. Related case(s): No (Evelev, David) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Erika Wentzel. (Evelev, David) |
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Filing 13
ENDORSED ORDER DISCHARGING the Order to Show Cause (Doc. #6) in light of Defendant's response (Doc. #11). Signed by Judge Roy B. Dalton, Jr. on 8/9/2023. (JWG)
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| Filing 12 Remark: Doc. #10 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 8/9/2023. (JWG) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to show cause filed by Walmart Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Smothers, Julian) Modified on 8/9/2023 to edit docket text (BCB). |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #7 Order by Walmart Inc. identifying Other Affiliate NSI Melbourne, Other Affiliate Next Medical Florida, Other Affiliate OSI Health - Melbourne, Other Affiliate Coastline Imaging, LLC, Other Affiliate Melbourne Surgery Center for Walmart Inc.. (Smothers, Julian) |
| Filing 9 NOTICE of Lead Counsel Designation by David Ross Evelev on behalf of Erika Wentzel. Lead Counsel: David Evelev. (Evelev, David) |
| Filing 8 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by Walmart Inc. (Reed, Gregory) Modified entry relationship and text on 7/31/2023 (JK). |
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Filing 7
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Roy B. Dalton, Jr. on 7/26/2023. (ALL)
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Filing 6
By Tuesday, August 8, 2023, Defendant is ORDERED TO SHOW CAUSE by written response why this case should not be remanded due to deficient jurisdictional allegations. Failure to timely and adequately respond may result in this action being remanded. Signed by Judge Roy B. Dalton, Jr. on 7/25/2023. (ALL)
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Filing 5
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 7/25/2023. (JOR)
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| Filing 4 NOTICE of Appearance by Julian Michael Smothers on behalf of Walmart Inc. (Smothers, Julian) |
| Filing 3 NOTICE TO COUNSEL Katherine Bloch and Nadia Barsoum 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). (RPB) |
| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-1383-RBD-EJK. (RPB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Eighteenth Judicial Circuit Brevard County, case number 05-2023-CA-026775 filed in State Court on 03/23/2023. Filing fee $402, receipt number AFLMDC-21068869 filed by Walmart Inc. (Attachments: #1 State Court Other Documents Composite Exhibit A, #2 State Court COMPLAINT Exhibit B, #3 Exhibit Composite C, #4 State Court Docket Sheet, #5 Civil Cover Sheet)(Reed, Gregory) Modified text on 7/24/2023 (MCB). |
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