Flynn v. Thermacell Repellents, Inc. et al
Plaintiff: Jacqueline Flynn
Defendant: Thermacell Repellents, Inc. and Lowe's Home Centers, LLC
Case Number: 6:2023cv01890
Filed: September 29, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Paul G Byron
Referring Judge: Daniel C Irick
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1441 Notice of Removal-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 16, 2023 Filing 27 NOTICE OF SELECTION of Manuel J. Alvarez, Esquire as mediator by Lowe's Home Centers, LLC, Thermacell Repellents, Inc.. (Banker, David)
November 16, 2023 Opinion or Order Filing 26 ORDER. This cause is before the Court on the Case Management Report filed by the parties #23. The report indicates that the parties have not yet agreed on a mediator. Therefore, the parties are directed to confer and advise the Court on the selection of a mediator and the mediation date within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 11/16/2023. (KM)
November 16, 2023 Opinion or Order Filing 25 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/15/2024. Joinder of Parties due by 1/15/2024. Discovery due by 9/3/2024. Dispositive motions due by 10/1/2024. Pretrial statement due by 1/21/2025. All other motions due by 1/27/2025. Plaintiff disclosure of expert report due by 7/1/2024. Defendant disclosure of expert report due by 8/5/2024. Final Pretrial Conference set for 2/18/2025 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 3/3/2025 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 9/16/2024. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 11/16/2023. (KM)
November 13, 2023 Filing 24 RESPONSE in Opposition re #17 MOTION to Remand to State Court by Thermacell Repellents, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1)(Banker, David) (Modified on 11/14/2023, to edit text) (BGR).
November 8, 2023 Filing 23 CASE MANAGEMENT REPORT. (Donovan, John)
November 2, 2023 Opinion or Order Filing 22 ENDORSED ORDER discharging #10 Order to show cause. Signed by Judge Paul G. Byron on 11/2/2023. (KM)
November 1, 2023 Filing 21 RESPONSE TO ORDER TO SHOW CAUSE re #10 Order to show cause filed by Jacqueline Flynn. (Gunn V, Lee)
October 30, 2023 Opinion or Order Filing 20 ENDORSED ORDER granting #19 Motion to Appear Pro Hac Vice. John A. Donovan is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 10/30/2023. (Irick, Daniel)
October 30, 2023 Filing 19 Renewed MOTION for John A. Donovan to appear pro hac vice by Jacqueline Flynn. (Gunn V, Lee) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 10/31/2023 to edit docket text (AJS).
October 30, 2023 Opinion or Order Filing 18 ENDORSED ORDER denying without prejudice #13 Motion to Appear Pro Hac Vice, for failure to comply with Local Rule 2.01(c)(4). Signed by Magistrate Judge Daniel C. Irick on 10/30/2023. (Irick, Daniel)
October 30, 2023 Filing 17 MOTION to Remand to State Court by Jacqueline Flynn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gunn V, Lee)
October 30, 2023 Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Jacqueline Flynn. Related case(s): Yes (Gunn V, Lee)
October 30, 2023 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Jacqueline Flynn. (Gunn V, Lee)
October 30, 2023 Filing 14 NOTICE of Lead Counsel Designation by Lee Delton Gunn V on behalf of Jacqueline Flynn. Lead Counsel: John A. Donovan. (Gunn V, Lee)
October 30, 2023 Filing 13 MOTION for John A Donovan to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21406991 for $150 by Jacqueline Flynn. (Gunn V, Lee) Motions referred to Magistrate Judge Daniel C. Irick.
October 30, 2023 Filing 12 NOTICE of Appearance by Lee Delton Gunn V on behalf of Jacqueline Flynn (Gunn V, Lee)
October 30, 2023 Filing 11 NOTICE of Appearance by Lee Delton Gunn, IV on behalf of Jacqueline Flynn (Gunn, Lee)
October 24, 2023 Opinion or Order Filing 10 ***DISCHARGED; pursuant to court's order 22.*** ORDER to show cause as to Jacqueline Flynn. Plaintiff has failed to comply with the Court's Order of October 2, 2023 directing counsel to file a Notice of Pendency of Other Actions and a Certificate of Interested Persons. Therefore, it is ORDERED that Plaintiff shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal of the case without further notice or other appropriate sanctions. Signed by Judge Paul G. Byron on 10/24/2023. (KM) Modified text on 11/3/2023 (LNR).
October 12, 2023 Filing 9 NOTICE TO COUNSEL Lee Delton Gunn, IV and David Christopher Banker 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). (AJS)
October 11, 2023 Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Lowe's Home Centers, LLC, Thermacell Repellents, Inc. Related case(s): No re #3 Order (Banker, David) Modified on 10/12/2023 to edit docket text (AJS).
October 11, 2023 Filing 7 CORPORATE Disclosure Statement by Lowe's Home Centers, LLC. (Banker, David)
October 11, 2023 Filing 6 CORPORATE Disclosure Statement by Thermacell Repellents, Inc. (Banker, David) Modified on 10/12/2023 to edit docket text (AJS).
October 6, 2023 Filing 5 AMENDED Notice of Removal by Thermacell Repellents, Inc. Amendment to #1 Notice of Removal . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Banker, David) Modified on 10/6/2023 as to docket text (ARL).
October 2, 2023 Opinion or Order Filing 4 STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
October 2, 2023 Opinion or Order Filing 3 INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 10/2/2023. (KM)
September 29, 2023 Filing 2 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Daniel C. Irick. New case number: 6:23-cv-1890-PGB-DCI. (RLK)
September 29, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from 9th Judicial Circuit, State of Florida, case number 2023-CA-012134 filed in State Court on 5/16/23. Filing fee $402, receipt number AFLMDC-21305937 filed by Thermacell Repellents, Inc and Lowe's Home Centers, LLC. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Banker, David) Modified to edit docket text on 9/29/2023 (RLK).

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Plaintiff: Jacqueline Flynn
Represented By: Lee Delton Gunn, IV
Represented By: John A. Donovan, III
Represented By: Lee Delton Gunn V
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Defendant: Thermacell Repellents, Inc.
Represented By: David Christopher Banker
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Defendant: Lowe's Home Centers, LLC
Represented By: David Christopher Banker
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