Wester v. Datex, Inc.
| Brandy Wester |
| Datex, Inc. |
| Mark Hanley |
| 8:2020cv01785 |
| August 2, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
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Filing 23
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/28/2020. (TWL)
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Filing 22
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #21), 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 9/28/2020. (TWL)
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Filing 21
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 10/14/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the November 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 6/22/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 9/28/2020. (TWL)
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| Filing 20 CASE MANAGEMENT REPORT. (Koepke, Alicia) |
| Filing 19 NOTICE of Appearance by Jacqueline Marie Prats on behalf of Datex, Inc. (Prats, Jacqueline) |
| Filing 18 RESPONSE in Opposition re #14 MOTION to Dismiss for Failure to State a Claim or, Alternatively, Motion for a More Definite Statement and Motion to Strike filed by Brandy Wester. (Romano, Jay) |
| Filing 17 NOTICE of Appearance by Marissa K. Elordi on behalf of Datex, Inc. (Elordi, Marissa) |
| Filing 16 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Datex, Inc. Related case(s): no (Koepke, Alicia) |
| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Datex, Inc. (Koepke, Alicia) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim or, Alternatively, Motion for a More Definite Statement and Motion to Strike by Datex, Inc. (Koepke, Alicia) |
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Filing 13
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by September 17, 2020, 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 8/28/2020. (DMD)
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| Filing 12 RETURN of service executed on 8/13/2020 by Brandy Wester as to Datex, Inc. (Romano, Jay) |
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Filing 11
ENDORSED ORDER: On August 4, 2020, the Court entered an order directing Plaintiff to effect service of process as required by Fed. R. Civ. P. 4 and to file proof thereof with the Court as soon as service has been effected. (Doc. #6). To date, no such proof of service has been filed. Accordingly, the Plaintiff is directed to file a status report with regard to her efforts to serve Defendant by September 4, 2020. Signed by Judge Virginia M. Hernandez Covington on 8/28/2020. (SGM)
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Filing 10
ENDORSED ORDER denying as moot #7 Report and Recommendations.; denying as moot #2 Motion to Proceed In Forma Pauperis. In light of Plaintiff's payment of the required fees in this case, her motion to proceed in forma pauperis is denied as moot, as is the report and recommendation pertaining to that motion. Signed by Judge Virginia M. Hernandez Covington on 8/20/2020. (SGM)
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| Filing 9 SUMMONS issued as to Datex, Inc. (LNR) |
| Filing 8 PROPOSED summons to be issued by Brandy Wester. (Romano, Jay) |
| FEES paid by Brandy Wester (Filing fee $400.00 receipt number TPA061588) (JLD) |
| Filing 7 REPORT AND RECOMMENDATIONS re #2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency filed by Brandy Wester. The undersigned recommends that the motion be denied. Signed by Magistrate Judge Sean P. Flynn on 8/4/2020. (ACS) |
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Filing 6
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 8/4/2020. (TWL)
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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 8/4/2020. (TWL)
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| Filing 4 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:20-cv-1785-T-33SPF. Motion(s) REFERRED: #2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency . Motion(s) referred to Magistrate Judge Sean P. Flynn. (SJB) |
| Filing 3 CERTIFICATE of interested persons and corporate disclosure statement by Brandy Wester. (Romano, Jay) Modified on 8/3/2020 (BES). |
| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Brandy Wester. (Romano, Jay) Modified on 8/3/2020 (BES). |
| Filing 1 COMPLAINT against Datex, Inc. with Jury Demand filed by Brandy Wester. (Attachments: #1 Affidavit in Forma Pauperis, #2 Civil Cover Sheet )(Romano, Jay) Modified on 8/3/2020 (BES). |
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