Thompson et al v. Holiday CVS, LLC et al
| Stephanie Thompson and Uken Cummings |
| Holiday CVS, LLC, Shamosh 5, LLC, Shamosh 5 LLC, CVS Health Corporation and CVS Pharmacy, Inc. |
| Barry L. Davis |
| 6:2023cv02235 |
| November 17, 2023 |
| US District Court for the Middle District of Florida |
| Embry J Kidd |
| Carlos E Mendoza |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Both |
Docket Report
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Filing 17
ORDER dismissing case with prejudice subject to the right of any party, within sixty days from the date of this Order, upon good cause, to move the Court to re-open the case in accordance with Local Rule 3.09(b). The Clerk is directed to close this case. Signed by Judge Carlos E. Mendoza on 1/2/2024. (MEH)
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| Filing 16 Joint STATUS report by Stephanie Thompson. (Leacox, Zachary) |
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Filing 15
ENDORSED ORDER denying as moot #10 Defendant's, Holiday CVS, LLC, Amended Motion to Dismiss in light of the representation in the Rule 3.01(g) certification that Plaintiff has agreed to file an Amended Complaint and Defendant has agreed to withdraw the Motion to Dismiss. On or before January 4, 2024, Plaintiff shall file an Amended Complaint. Failure to timely do so will result dismissal of this action with prejudice without further notice. Signed by Judge Carlos E. Mendoza on 12/22/2023. (VLC)
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Filing 14
ENDORSED ORDER denying as moot the #9 Motion to Dismiss in light of the #10 Amended Motion to Dismiss. However, Plaintiff's counsel are reminded that they have a duty to confer in good faith under Local Rule 3.01(g) and evasion of such communications can result in the imposition of sanctions. Signed by Judge Carlos E. Mendoza on 12/6/2023. (VLC)
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| Filing 13 NOTICE of a related action per Local Rule 1.07(c) Related case(s): Yes (Leacox, Zachary) Modified text on 12/5/2023 (KME). |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #5 Order by Stephanie Thompson. (Leacox, Zachary) |
| Filing 11 NOTICE of Mediation by Barry L. Davis (Davis, Barry) Modified on 12/1/2023 to edit docket text (JDR). |
| Filing 10 Amended MOTION to Dismiss Count IV of Plaintiff's Complaint by Holiday CVS, LLC. (Attachments: #1 Exhibit 1 - Plaintiff's Complaint, #2 Exhibit 2 - Orange County Circuit Court Docket, #3 Exhibit 3 - Plaintiff's Second Complaint, #4 Exhibit 4 - Order of Dismissal)(Liro, Jacob) |
| Filing 9 MOTION to Dismiss Count IV of Plaintiff's Complaint by Holiday CVS, LLC. (Attachments: #1 Exhibit 1-Operative Complaint, #2 Exhibit 2-Orange County Docket First Case, #3 Exhibit 3-Second Complaint, #4 Exhibit 4-Order Dismissing Case)(Liro, Jacob) |
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Filing 8
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 11/21/2023. (JOR)
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Filing 7
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 11/21/2023. (MEH)
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Filing 6
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 11/21/2023. (MEH)
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Filing 5
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 11/21/2023. (MEH)
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| Filing 4 NOTICE TO ALL 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). (GL) |
| Filing 3 NOTICE TO COUNSEL Christopher T. Murphy 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). (JG) |
| Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Embry J. Kidd. New case number: 6:23-cv-02235-CEM-EJK. (JG) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 9th Judicial Circuit, Orange County, case number 2023-CA-015146-O filed in State Court on 09/12/2023. Filing fee $402, receipt number AFLMDC-21478504 filed by Holiday CVS, LLC. (Attachments: #1 Composite Exhibit 1 to the Notice of Removal, #2 Exhibit 2 - Plaintiff's Demand (as exhibit to the Notice of Removal), #3 Exhibit 3 - Estate Docket (as exhibit to the Notice of Removal), #4 Exhibit 4 - Shamosh 5 LLC's Annual Report (as exhibit to the Notice of Removal), #5 Exhibit 5 - CVS Annual Report (as exhibit to the Notice of Removal), #6 Exhibit 6 - Notice of Filing State Court Notice of Removal (as exhibit to the Notice of Removal), #7 State Court COMPLAINT, #8 State Court Docket Sheet, #9 State Court Other Documents, #10 State Court Civil Cover Sheet, #11 Civil Cover Sheet)(Liro, Jacob) Modified text on 11/20/2023 (GL). |
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