Alvarez v. Lakeland Area Mass Transit District
| Brenda Alvarez |
| Lakeland Area Mass Transit District |
| Mark Hanley |
| 8:2019cv01044 |
| April 30, 2019 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 25, 2020. A more recent docket listing may be available from PACER.
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Filing 28
ORDER: Defendant Lakeland Area Mass Transit District's Motion to Dismiss the Amended Complaint (Doc. #21) is GRANTED. The Amended Complaint is DISMISSED as a shotgun complaint. Alvarez may file a second amended complaint that is not a shotgun complaint by July 12, 2019. Failure to file a second amended complaint by that date will result in dismissal of this action without further notice. Signed by Judge Virginia M. Hernandez Covington on 7/3/2019. (DMD)
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| Filing 27 RESPONSE in Opposition re #21 MOTION to dismiss for failure to state a claim Motion to Dismiss Plaintiff's Amended Complaint filed by Brenda Alvarez. (Mattox, Marie) |
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Filing 26
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the motion to dismiss. (Doc. #25). Response now due July 2, 2019. Signed by Judge Virginia M. Hernandez Covington on 6/26/2019. (DMD)
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| Filing 25 Consent MOTION for Extension of Time to File Response/Reply by Brenda Alvarez. (Mattox, Marie) |
| Filing 24 RETURN of service executed on 4/12/2019 by Brenda Alvarez as to Lakeland Area Mass Transit District. (Mattox, Marie) |
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Filing 23
ORDER appointing Mark Hanley as mediator in this action. The mediation conference is scheduled for January 16, 2020, 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 6/13/2019. (DMD)
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| Filing 22 NOTICE of mediation conference/hearing to be held on January 16, 2020 at 9:30 am ET before Mark Hanley, Esq.. (Mattox, Marie) |
| Filing 21 MOTION to dismiss for failure to state a claim Motion to Dismiss Plaintiff's Amended Complaint by Lakeland Area Mass Transit District. (Rego Chapman, Patricia) |
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Filing 20
ENDORSED ORDER: On June 3, 2019, the Court entered its Case Management and Scheduling Order, directing Alvarez to file a notice of mediation by June 10, 2019. (Doc. #18). But no notice of mediation has been filed. Accordingly, Alvarez is directed to file a notice of mediation, indicating the date, time, and location of the mediation conference, by June 14, 2019. Signed by Judge Virginia M. Hernandez Covington on 6/11/2019. (DMD)
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Filing 19
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #18), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 6/3/2019. (TWL)
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Filing 18
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 6/11/2020 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the July 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 1/22/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 6/3/2019. (TWL)
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Filing 17
ENDORSED ORDER: In light of the filing of the Amended Complaint (Doc. #16), the motion to dismiss the Complaint (Doc. #6) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 5/29/2019. (DMD)
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| Filing 16 AMENDED COMPLAINT against Lakeland Area Mass Transit District with Jury Demand. filed by Brenda Alvarez.(Mattox, Marie) |
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Filing 15
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the motion to dismiss. (Doc. #14). Response now due May 28, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/22/2019. (DMD)
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| Filing 14 Consent MOTION for Extension of Time to File Response/Reply by Brenda Alvarez. (Mattox, Marie) |
| Filing 13 NOTICE of Appearance by James Roscoe Tanner on behalf of Brenda Alvarez (Tanner, James) |
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Filing 12
ENDORSED ORDER: The parties have filed their Case Management Report, (Doc. #11), in which they state that they are "likely to agree" to proceed before the assigned Magistrate Judge in the future. If the parties are going to agree to consent, they are directed to file their consent to proceed before the magistrate judge by May 24, 2019, so the Magistrate Judge may weigh in on the selection of the case management and scheduling order's dates. Signed by Judge Virginia M. Hernandez Covington on 5/17/2019. (DMD)
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| Filing 11 CASE MANAGEMENT REPORT. (Rego Chapman, Patricia) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Brenda Alvarez. (Mattox, Marie) |
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Filing 9
ENDORSED ORDER: On April 30, 2019, the Court directed the parties to meet and confer, in person or by telephone, and by May 14, 2019, file a completed Case Management Report. (Doc. # 3). Yet, that date has passed and no Case Management Report has been filed. Accordingly, the parties are directed to file the Case Management Report by May 20, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/15/2019. (DMD)
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| Filing 8 NOTICE of pendency of related cases per Local Rule 1.04(d) by Lakeland Area Mass Transit District. Related case(s): Yes (Rego Chapman, Patricia) |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Lakeland Area Mass Transit District. (Rego Chapman, Patricia) |
| Filing 6 MOTION to dismiss for failure to state a claim by Lakeland Area Mass Transit District. (Rego Chapman, Patricia) |
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 5/6/2019. (TWL)
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| Filing 4 COMPLAINT and NOTICE OF REMOVAL from Circuit Court for Polk County, case number 19-CA-000173 filed in State Court on 01/15/2019. filed by Lakeland Area Mass Transit District. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 Civil Cover Sheet)(Rego Chapman, Patricia) |
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by May 14, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 4/30/2019. (DMD)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:19-cv-1044-T-33SPF. (SJB) |
| Filing 1 *** Counsel notified to re-file DE# 1 using the proper event Notice of Removal and the correct image *** COMPLAINT against Lakeland Area Mass Transit District with Jury Demand (Filing fee $ 400 receipt number 113A-15411657) filed by Lakeland Area Mass Transit District. (Attachments: #1 Civil Cover Sheet, #2 Main Document, #3 State Court Other Documents)(Rego Chapman, Patricia) Modified text on 5/1/2019 (KMM). |
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