Colon-Pena v. Target Corporation
Plaintiff: Eliana Colon-Pena
Defendant: Target Corporation
Not Yet Classified: Peter J. Grilli
Case Number: 8:2019cv00734
Filed: March 27, 2019
Court: US District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Anthony E Porcelli
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
Docket Report

This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Filing 33 ANSWER to court interrogatories re: #9 Order by Target Corporation. (Melendez, Brian)
June 26, 2019 Filing 32 ANSWER to court interrogatories by Eliana Colon-Pena. (Jones, Heather)
June 25, 2019 Filing 31 *** Counsel notified to re-file using the event Answer to Court Interrogatories *** NOTICE by Eliana Colon-Pena of Filing Answers To Court Interrogatories (Jones, Heather) Modified text and NEF regenerated on 6/26/2019 (KMM).
June 24, 2019 Filing 30 NOTICE of compliance re #9 Order Court Interrogatories by Eliana Colon-Pena (Jones, Heather)
June 24, 2019 Filing 29 *** Counsel notified to re-file using the event Answer to Court Interrogatories *** NOTICE by Eliana Colon-Pena re #9 Order Plaintiff's Answers to Court Interrogatories (Jones, Heather) Modified text and NEF regenerated on 6/25/2019 (KMM).
June 17, 2019 Filing 28 ANSWER with Jury Demand to #27 Amended Complaint (Second Amended Complaint) by Target Corporation.(Melendez, Brian)
June 3, 2019 Filing 27 AMENDED COMPLAINT (SECOND) against Target Corporation with Jury Demand. filed by Eliana Colon-Pena.(Jones, Heather)
June 3, 2019 Opinion or Order Filing 26 ENDORSED ORDER granting the unopposed motion for leave to file a second amended complaint. (Doc. #25). Second amended complaint due June 4, 2019. In light of Colon-Pena's intention to file a second amended complaint, the motion to dismiss the amended complaint (Doc. #22) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 6/3/2019. (DMD)
June 3, 2019 Filing 25 Unopposed MOTION for leave to file Second Amended Complaint by Eliana Colon-Pena. (Attachments: #1 Exhibit)(Jones, Heather)
June 3, 2019 Filing 24 CERTIFICATE of compliance by Eliana Colon-Pena. (Jones, Heather)
May 22, 2019 Filing 23 ANSWER with Jury Demand to #19 Amended Complaint by Target Corporation.(Melendez, Brian)
May 22, 2019 Filing 22 MOTION to dismiss for failure to state a claim re Amended Complaint by Target Corporation. (Attachments: #1 Exhibit A)(Melendez, Brian)
May 16, 2019 Filing 21 CERTIFICATE of compliance by Target Corporation. (Melendez, Brian)
May 8, 2019 Opinion or Order Filing 20 ENDORSED ORDER: In light of the filing of the Amended Complaint (Doc. #19), the motion to dismiss the Complaint (Doc. #17) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 5/8/2019. (DMD)
May 8, 2019 Filing 19 AMENDED COMPLAINT against Target Corporation with Jury Demand. filed by Eliana Colon-Pena.(Jones, Heather)
May 3, 2019 Filing 18 NOTICE of Appearance by Sherilee J. Samuel on behalf of Target Corporation (Samuel, Sherilee)
May 2, 2019 Filing 17 MOTION to dismiss for failure to state a claim by Target Corporation. (Melendez, Brian)
April 26, 2019 Opinion or Order Filing 16 ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for July 19, 2019, at 9:30 AM. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 4/26/2019. (DMD)
April 26, 2019 Filing 15 NOTICE of mediation conference/hearing to be held on July 19, 2019 at 9:30 a.m. before Peter J. Grilli. (Jones, Heather)
April 25, 2019 Opinion or Order Filing 14 ENDORSED ORDER granting the joint motion to extend the mediation deadline. (Doc. #13). The mediation deadline is now July 19, 2019. Colon-Pena is directed to file a notice of mediation informing the Court of the time and location of the mediation conference by May 2, 2019. Signed by Judge Virginia M. Hernandez Covington on 4/25/2019. (DMD)
April 25, 2019 Filing 13 Joint MOTION to extend time to Mediate Deadline by Eliana Colon-Pena. (Jones, Heather)
April 16, 2019 Opinion or Order Filing 12 ENDORSED ORDER: The parties have filed a "stipulation for extension of time for Defendant Target Corporation to answer or otherwise defend," representing that the parties have agreed to extend the time for Target to file its answer to the Complaint. (Doc. #11). This is improper. Extensions merely agreed upon by the parties have no effect on the Court. Only the Court may grant an extension of a deadline. As such, a party seeking an extension must file a proper motion for extension of time that satisfies the requirements of Local Rule 3.01, rather than a "stipulation." Nevertheless, in the interest of efficiency, the Court will construe the "stipulation" as an unopposed motion for extension of time to respond to the Complaint and grants the construed motion. Target's response to the Complaint is now due May 2, 2019. Signed by Judge Virginia M. Hernandez Covington on 4/16/2019. (DMD)
April 16, 2019 Filing 11 STIPULATION for Extension of Time for Defendant Target Corporation to Answer or Otherwise Defend by Target Corporation. (Melendez, Brian) Modified event and text on 4/16/2019 (KMM).
April 9, 2019 Filing 10 NOTICE by Eliana Colon-Pena of Service of Subpoena to Produce Documents (Attachments: #1 Exhibit)(Jones, Heather)
April 5, 2019 Opinion or Order Filing 9 SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Peter J. Grilli, Esq., for mediation. The parties must mediate no later than July 17, 2019. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by May 2, 2019. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 4/5/2019. (TWL)
April 3, 2019 Filing 8 RETURN of service executed on March 28, 2019 by Eliana Colon-Pena as to Target Corporation. (Jones, Heather)
April 3, 2019 Filing 7 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Eliana Colon-Pena. Related case(s): No (Jones, Heather)
April 3, 2019 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Eliana Colon-Pena. (Jones, Heather)
March 28, 2019 Opinion or Order Filing 5 ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/28/2019. (TWL)
March 28, 2019 Opinion or Order Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 3/28/2019. (TWL)
March 28, 2019 Filing 3 SUMMONS issued as to Target Corporation. (KMM)
March 27, 2019 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:19-cv-734-T-33AEP. (SJB)
March 27, 2019 Filing 1 COMPLAINT against Target Corporation with Jury Demand (Filing fee $ 400 receipt number 113A-15285552) filed by Eliana Colon-Pena. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Jones, Heather)

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Plaintiff: Eliana Colon-Pena
Represented By: Heather Helaine Jones
Represented By: William Peerce Howard
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Defendant: Target Corporation
Represented By: Sherilee J. Samuel
Represented By: Brian Melendez
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Not yet classified: Peter J. Grilli
Represented By: Peter John Grilli
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