Jackson v. Cemex, Inc.
| Kejearld C. Jackson |
| Cemex, Inc., a foreign corporation, Cemex, Inc. and Cemex Construction Materials Florida, LLC |
| 8:2021cv00277 |
| February 5, 2021 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Amanda Arnold Sansone |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.
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| Filing 21 CASE MANAGEMENT REPORT. (Prather, Laura) |
Filing 20
ENDORSED ORDER TO SHOW CAUSE: Plaintiff Kejearld C. Jackson is directed to show cause by a written response, filed on or before April 2, 2021, as to why this case should not be dismissed pursuant to Local Rule 3.10 for lack of prosecution due to the non-filing of a case management report within the time prescribed by Local Rule 3.02(b)(2). Failure to respond will result in this action being dismissed without prejudice without further notice. Signed by Judge Thomas P. Barber on 3/26/2021. (ANL)
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| Filing 19 ANSWER and affirmative defenses to #6 Amended Complaint by Cemex Construction Materials Florida, LLC.(Prather, Laura) |
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Filing 18
ENDORSED ORDER: "Defendant Cemex Construction Materials Florida, LLC's Unopposed Motion for Extension of Time to Respond" (Docs. #16, #17) is granted. Defendant may file its response to the complaint on or before March 10, 2021. Signed by Judge Thomas P. Barber on 3/4/2021. (ANL)
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| Filing 17 Unopposed MOTION for Extension of Time to File Answer re #6 Amended Complaint, #16 Unopposed MOTION for Extension of Time to File Answer re #6 Amended Complaint (Refiled) by Cemex Construction Materials Florida, LLC. (Prather, Laura) |
| Filing 16 Unopposed MOTION for Extension of Time to File Answer re #6 Amended Complaint by Cemex Construction Materials Florida, LLC. (Prather, Laura) ***COUNSEL NOTIFIED TO REFILE: FILE IS DAMAGED.*** Modified on 3/4/2021 (TDC). |
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Filing 15
ENDORSED ORDER: "Defendant Cemex Construction Materials Florida, LLC"s Unopposed Partial Motion to Dismiss" (Doc. #14) is granted. Plaintiff's Title VII claims included in Count III of the amended complaint (Doc. #6) are dismissed with prejudice as time-barred. Signed by Judge Thomas P. Barber on 3/2/2021. (ANL)
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| Filing 14 Unopposed MOTION to Dismiss Title VII Claims by Cemex Construction Materials Florida, LLC. (Attachments: #1 Exhibit 1)(Prather, Laura) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re 8 Notice to Counsel of Local Rule by Cemex Construction Materials Florida, LLC identifying Corporate Parent Cemex, Inc., Corporate Parent Cemex Materials, LLC, Corporate Parent Cemex, S.A.B. de C.V.'s for Cemex Construction Materials Florida, LLC. (Prather, Laura) Modified on 2/26/2021 (TDC). |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Cemex Construction Materials Florida, LLC. Related case(s): Yes (Prather, Laura) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re 8 Notice to Counsel of Local Rule by Kejearld C. Jackson. (Berman, Craig) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Kejearld C. Jackson. Related case(s): No (Berman, Craig) |
| Filing 9 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (SRC) |
| Filing 8 NOTICE to Counsel of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District. -Local Rule 3.02(a)(2) 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. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (SRC) |
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Filing 7
ENDORSED ORDER: Plaintiff's "Unopposed Motion to Substitute Party" (Doc. #5) is granted. Plaintiff's claims against Defendant Cemex, Inc. are dismissed without prejudice, and the Clerk is directed to terminate Cemex, Inc. as a party to this action. Defendant Cemex Construction Materials Florida, Inc. is directed to respond to the amended complaint (Doc. #6) on or before March 3, 2021. Signed by Judge Thomas P. Barber on 2/16/2021. (ANL)
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| Filing 6 AMENDED COMPLAINT against Cemex Construction Materials Florida, LLC with Jury Demand. filed by Kejearld C. Jackson.(Berman, Craig) |
| Filing 5 Unopposed MOTION to Substitute Party by Kejearld C. Jackson. (Attachments: #1 Exhibit Amended Complaint)(Berman, Craig) |
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Filing 4
ENDORSED ORDER: "Defendant Cemex, Inc.'s "Motion for Extension of Time to Respond or Otherwise Plead to Plaintiff's Complaint" (Doc. #3) is granted. Defendant may file its response to the complaint on or before February 19, 2021. Signed by Judge Thomas P. Barber on 2/16/2021. (ANL)
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| Filing 3 MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal by Cemex, Inc.. (Prather, Laura) |
| Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-277-TPB-AAS. (LRB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Fifth Judicial Circuit Court in and for Hernando County, Florida, Civil Division, case number 20-CA-000876 filed in State Court on 10/28/2020. Filing fee $ 402, receipt number 113A-17853921 filed by Cemex, Inc. (Attachments: #1 Exhibit A, #2 State Court COMPLAINT, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet)(Prather, Laura) Modified on 2/8/2021 (TDC). |
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