Flickinger v. Love's Travel Stops & Country Stores, Inc.
| Deborah Flickinger |
| Love's Travel Stops & Country Stores, Inc. |
| Peter J. Grilli |
| 8:2020cv02212 |
| September 18, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 NOTICE of mediation conference/hearing to be held on 2/25/2021 at 9:30 am before Peter Grilli. (Griffith, Anthony (Tony)) |
Filing 28
ENDORSED ORDER: The Court is aware that the parties have requested a February 25, 2021, mediation to be held via Zoom videoconference. (Doc. #26). However, this request is premature and denied without prejudice. Therefore, the parties should plan to mediate in person. In January 2021, the parties may renew their request if circumstances dictate. Signed by Judge Virginia M. Hernandez Covington on 11/6/2020. (AR)
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Filing 27
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for February 25, 2021, at 9:00 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 11/6/2020. (AR)
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| Filing 26 NOTICE of mediation conference/hearing to be held on 2/25/2021 at 9:00 am before Peter Grilli. (Griffith, Anthony (Tony)) |
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Filing 25
ORDER: Defendant Love's Travel Stops & Country Stores, Inc.'s Motion to Dismiss Complaint (Doc. #10) is granted. The complaint is dismissed without prejudice. Flickinger may file an amended complaint by November 18, 2020. Signed by Judge Virginia M. Hernandez Covington on 11/4/2020. (AR)
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Filing 24
ENDORSED ORDER: Upon review of Plaintiff Deborah Flickinger's "Notice of Unavailability" (Doc. #23), the Court first notes that "[a] Notice of Unavailability of Counsel has no force or effect in this Court. Counsel should not rely on filing a notice of unavailability to excuse his or her failure to appear before the court or to comply with deadlines or other procedural rules. If counsel needs to extend a deadline or reschedule a proceeding, counsel must first confer with opposing counsel and then file a motion for an extension of time or continuance with the court." This information may be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. And, because the trial date is not set until October 4, 2021, this request is premature. The proper time to raise this issue is at the pretrial conference, which is currently scheduled on September 23, 2021. The Court will address counsel's concerns at that time. Signed by Judge Virginia M. Hernandez Covington on 10/30/2020. (AR)
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| Filing 23 NOTICE of Unavailability by Deborah Flickinger. (Griffith, Anthony (Tony)) |
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Filing 22
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/29/2020. (TWL)
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Filing 21
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #20), 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 10/29/2020. (TWL)
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Filing 20
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 9/23/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for October 2021 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 5/24/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 10/28/2020. (TWL)
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| Filing 19 CASE MANAGEMENT REPORT. (Potucek, William) |
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Filing 18
ENDORSED ORDER: On September 28, 2020, the Court entered an order directing the parties to meet and confer, in person or by telephone, and by October 20, 2020, file a completed case management report. (Doc. # 6). However, a review of the docket reveals that no case management report has been filed. Accordingly, the parties are directed to file a case management report by October 26, 2020. Signed by Judge Virginia M. Hernandez Covington on 10/21/2020. (AR)
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Filing 17
ORDER: Defendant Love's Travel Stops & Country Stores, Inc.'s Motion to Transfer Venue (Doc. #3) is denied. Signed by Judge Virginia M. Hernandez Covington on 10/18/2020. (AR)
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| Filing 16 OBJECTION re #10 MOTION to Dismiss Complaint, or Alternatively, MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law. (Griffith, Anthony (Tony)) |
| Filing 15 NOTICE of Amended Appearance by Ryan D. Bresler on behalf of Deborah Flickinger. (Bresler, Ryan) |
| Filing 14 NOTICE of Appearance by Ryan D. Bresler on behalf of Deborah Flickinger. (Bresler, Ryan) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Deborah Flickinger. (Griffith, Anthony (Tony)) |
| Filing 12 NOTICE of pendency of related cases per Local Rule 1.04(d) by Deborah Flickinger. Related case(s): no (Griffith, Anthony (Tony)) |
| Filing 11 OBJECTION re #3 MOTION to Change Venue / Transfer Case with Supporting Memorandum of Law . (Griffith, Anthony (Tony)) |
| Filing 10 MOTION to Dismiss Complaint, or Alternatively, MOTION to Dismiss for Failure to State a Claim and Incorporated Memorandum of Law by Love's Travel Stops & Country Stores, Inc. (Potucek, William) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Love's Travel Stops & Country Stores, Inc. (Potucek, William) |
| Filing 8 NOTICE of pendency of related cases per Local Rule 1.04(d) by Love's Travel Stops & Country Stores, Inc. Related case(s): no (Potucek, William) |
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 9/29/2020. (TWL)
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Filing 6
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 20, 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. 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 9/28/2020. (AR)
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Filing 5
ENDORSED ORDER: Defendant Love's Travel Stops & Country Stores, Inc.'s Motion for Extension of Time (Doc. #4) is granted in part. When a party requests a short extension of time because it requires additional time to prepare a pleading or because of another valid reason, the Court is more than willing to accommodate that request. However, the Court does not provide open ended extensions of time for a response to be filed until it rules on another matter. The Court recognizes that the Motion is opposed. Nevertheless, rather than waiting fourteen days for Plaintiff Deborah Flickinger's response to the Motion, the Court finds that a short extension is appropriate. Love's response to the complaint is now due October 6, 2020. Signed by Judge Virginia M. Hernandez Covington on 9/25/2020. (AR)
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| Filing 4 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal to Plaintiff's Complaint by Love's Travel Stops & Country Stores, Inc. (Potucek, William) |
| Filing 3 MOTION to Change Venue / Transfer Case with Supporting Memorandum of Law by Love's Travel Stops & Country Stores, Inc. (Potucek, William) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:20-cv-2212-T-33CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from In the Circuit Court in and for Hillsborough County, FL, case number 20-CA-006356 filed in State Court on 8-11-2020. Filing fee $ 400, receipt number 113A-17327804 filed by Love's Travel Stops & Country Stores, Inc.. (Attachments: #1 Exhibit 1 - Complaint and Summons/Proof of Service, #2 Exhibit 2 - All pleadings, #3 Exhibit 3 - Letter and Joint Stip, #4 Exhibit 4 - Medical records, #5 Exhibit 5 - Jury Verdict Reports, #6 Exhibit 6 - Demand Letter with lien, #7 Civil Cover Sheet)(Garcia, Michael) |
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