Whitaker v. Harbor Freight Tools USA, Inc.
Plaintiff: LISA WHITAKER
Defendant: HARBOR FREIGHT TOOLS USA, INC.
Case Number: 6:2024cv01864
Filed: October 16, 2024
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Anne C Conway
Referring Judge: Embry J Kidd
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2024 Filing 17 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (RLK)
November 13, 2024 Opinion or Order Filing 16 ORDER. The Clerk is DIRECTED to mail a certified copy of this Order remanding the case to the Circuit Court for the Eighteenth Judicial Circuit in and for Brevard County, Florida (Case No. 2024-CA-038606); and, thereafter, CLOSE the case. Signed by Judge Anne C. Conway on 11/12/2024. (KLD)
November 8, 2024 Filing 15 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order to show cause filed by Harbor Freight Tools USA, Inc.. (Schanerman, Nanci)
November 7, 2024 Opinion or Order Filing 14 ORDER Denying #13 Motion for Jurisdictional Discovery and an Extension. Signed by Judge Anne C. Conway on 11/7/2024. (KLD)
November 6, 2024 Filing 13 MOTION for Extension of Time to File Response/Reply as to #7 Order to show cause by Harbor Freight Tools USA, Inc.. (Schanerman, Nanci) Motions referred to Magistrate Judge Embry J. Kidd.
November 1, 2024 Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Lisa Whitaker. (Cable, Jacob)
October 29, 2024 Filing 11 NOTICE of Appearance by Jacob Thomas Cable on behalf of Lisa Whitaker (Cable, Jacob)
October 28, 2024 Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested Persons Order by Harbor Freight Tools USA, Inc. identifying Corporate Parent HFT Holdings, Inc., Other Affiliate Central Purchasing, LLC, Other Affiliate Harbor Freight Tools Incentives, Inc, Other Affiliate Harbor Freight Tools USA International, Inc., Other Affiliate Texas Management Services, LLC, Other Affiliate Harbor Freight Tools Texas, LP for Harbor Freight Tools USA, Inc. (Schanerman, Nanci) Modified text on 10/31/2024 (MGB).
October 28, 2024 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Harbor Freight Tools USA, Inc. Related case(s): Yes (Schanerman, Nanci) Modified on 10/29/2024 to edit text (ELA).
October 28, 2024 Filing 8 NOTICE of Lead Counsel Designation by Nanci Rachel Schanerman on behalf of Harbor Freight Tools USA, Inc.. Lead Counsel: Douglas E. Horelick. (Schanerman, Nanci)
October 24, 2024 Opinion or Order Filing 7 ORDER to Show Cause as to Harbor Freight Tools USA, Inc. Defendant is ordered to show cause within 14 days of the date of this Order why the case should not be remanded for lack of federal subject matter jurisdiction pursuant to 28 U.S.C. 1332. If Plaintiff intends to file a motion to remand the case, she must file any such motion by November 15, 2024. Signed by Judge Anne C. Conway on 10/23/2024. (KLD)
October 22, 2024 Opinion or Order Filing 6 ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 10/22/2024. (JOR)
October 20, 2024 Opinion or Order Filing 5 INITIAL CASE ORDER - 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 10/20/2024. (KLD)
October 17, 2024 Filing 4 NOTICE TO COUNSEL Yasmin Mustafa 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). (ARL)
October 17, 2024 Filing 3 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). (ARL)
October 17, 2024 Filing 2 NEW CASE ASSIGNED to Judge Anne C. Conway and Magistrate Judge Embry J. Kidd. New case number: 6:24-cv-1864-ACC-EJK. (ARL)
October 16, 2024 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Brevard, case number 2024-CA-038606 filed in State Court on 07/16/2024. Filing fee $405, receipt number AFLMDC-22618597 filed by HARBOR FREIGHT TOOLS USA, INC.. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 State Court ANSWER, #3 State Court Docket Sheet Exhibit G, #4 State Court Other Documents Exhibit F, #5 Civil Cover Sheet, #6 Exhibit B - Plaintiff's correspondence to Defendant dated November 3, 2023, #7 Exhibit C - Photographs of Plaintiff, #8 Exhibit D - Medical Records, #9 Exhibit E - Ross A. Clevens's Recommendations)(Schanerman, Nanci)

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Defendant: HARBOR FREIGHT TOOLS USA, INC.
Represented By: Nanci Rachel Schanerman
Represented By: Yasmin Mustafa
Represented By: Douglas Evan Horelick
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Plaintiff: LISA WHITAKER
Represented By: Robert Hale Hoekstra, Jr.
Represented By: Jacob Thomas Cable
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