Medmoun v. Home Depot U.S.A., Inc. et al
| Nezha Medmoun |
| Installation Group, Inc. and Home Depot U.S.A., Inc. |
| 8:2021cv01585 |
| July 1, 2021 |
| US District Court for the Middle District of Florida |
| Kathryn K Mizelle |
| Kathryn Kimball Mizelle |
| Christopher P Tuite |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 30 RESPONSE in Opposition re #8 MOTION to Dismiss Plaintiff's Complaint or Stay Plaintiff's Complaint filed by Nezha Medmoun. (Attachments: #1 Exhibit A, #2 Exhibit B)(Benkabbou, Salma) |
Filing 29
ENDORSED ORDER denying #21 Plaintiff's Motion to Remand. The minimum diversity required by 28 U.S.C. section 1332 is clearly satisfied as between Plaintiff Medmoun and Defendant Home Depot and the preponderance of the evidence supports that the class size is at least 100 members. Finally, Defendant's Declaration in Support of Defendant's Notice of Removal (Doc. 1, Exhibit 2 at 2) satisfies the defendant's burden of establishing by the preponderance of the evidence that the amount-in-controversy exceeds $5 million. Parties shall file a case management report no later than September 1, 2021. Signed by Judge Kathryn Kimball Mizelle on 8/24/2021. (SMR)
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| Filing 28 RESPONSE in Opposition re #21 MOTION to Remand to State Court filed by Home Depot U.S.A., Inc. (Blank, Robert) Modified on 8/11/2021 to edit text (CRH). |
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Filing 27
ENDORSED ORDER granting #26 Joint Motion to Stay. All deadlines are stayed pending resolution of #21 Motion to Remand. If the motion to remand is denied, parties shall file a case management report no later than 7 days from the Court's order denying the motion. Signed by Judge Kathryn Kimball Mizelle on 8/9/2021. (NPC)
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| Filing 26 Joint MOTION to Stay by Home Depot U.S.A., Inc., Installation Group, Inc. (Blank, Robert) Modified on 8/10/2021 to edit text (CRH). |
| Filing 25 NOTICE of Compliance by Home Depot U.S.A., Inc. re 24 Order no pdf Order directing counsel to be admitted. (Blank, Robert) Modified on 8/9/2021 to edit text (CRH). |
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Filing 24
ENDORSED ORDER: Attorney Stewart Haskins is directed to comply with Local Rule 2.01(b)(G) governing Practice in the Middle District. By August 6, 2021, Attorney Haskins must register with the Middle District's CM/ECF system. Failure to comply with this order may result in the Court striking Attorney Haskins's appearance from the record. Signed by Judge Kathryn Kimball Mizelle on 8/3/2021. (NPC)
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Filing 23
ENDORSED ORDER granting #22 Motion for Extension of Time. If necessary, the Court will set a new deadline for Plaintiff's response once it has ruled on the Motion to Remand. Signed by Judge Kathryn Kimball Mizelle on 7/28/2021. (NPC)
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| Filing 22 MOTION for Extension of Time to File Response/Reply to Defendant Home Depot U.S.A., Inc.'s Motion to Dismiss by All Plaintiffs. (Benkabbou, Salma) |
| Filing 21 MOTION to Remand to State Court by All Plaintiffs. (Benkabbou, Salma) |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #6 Order pdf by Installation Group, Inc. (Postman, Barry) Modified on 7/22/2021 to edit text (CRH). |
| Filing 19 NOTICE of a related action per Local Rule 1.07(c) by Home Depot U.S.A., Inc. Related case(s): No (Blank, Robert) Modified on 7/22/2021 to edit text (CRH). |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement by Nezha Medmoun identifying Corporate Parent The Home Depot Inc., Other Affiliate The Home Depot U.S.A., Inc. for Nezha Medmoun. (Benkabbou, Salma) |
| Filing 17 NOTICE of a related action per Local Rule 1.07(c) by Nezha Medmoun. Related case(s): Yes (Benkabbou, Salma) |
| Filing 16 WAIVER of service returned executed on 07/19/2021 by Nezha Medmoun as to Installation Group, Inc. (Benkabbou, Salma) Modified on 7/20/2021 to edit text (CRH). |
| Filing 15 NOTICE of Appearance by Barry A. Postman on behalf of Installation Group, Inc. (Postman, Barry) |
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Filing 14
ENDORSED ORDER granting Defendant Home Depot U.S.A., Inc.'s #11 Motion for Admission Pro Hac Vice of S. Stewart Haskins II and Written Designation and Consent to Act; #12 Motion for Admission Pro Hac Vice of Carley W. Hawkins and Written Designation and Consent to Act; and #13 Motion for Admission Pro Hac Vice of J. Andrew Pratt and Written Designation and Consent to Act. If counsel have not already done so, within fourteen (14) days hereof, they shall complete the e-filer registration. Signed by Magistrate Judge Christopher P. Tuite on 7/15/2021. (CTB)
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| Filing 13 MOTION for J. Andrew Pratt to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18479267 for $150 by Home Depot U.S.A., Inc.. (Blank, Robert) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 12 MOTION for Carley W. Hawkins to appear pro hac vice, Special Admission fee paid, Receipt No. BFLMDC-18479195 for $150 by Home Depot U.S.A., Inc.. (Blank, Robert) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 11 MOTION for S. Stewart Haskins II to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18479156 for $150 by Home Depot U.S.A., Inc.. (Blank, Robert) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Home Depot U.S.A., Inc. identifying Corporate Parent The Home Depot, Inc. for Home Depot U.S.A., Inc. (Blank, Robert) Modified on 7/13/2021 to edit text (CRH). |
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Filing 9
ENDORSED ORDER: Attorneys S. Stewart Haskins II, J. Andrew Pratt, and Carley W. Hawkins are directed to comply with Local Rule 2.01 governing Practice in the Middle District. By July 15, 2021, attorneys Haskins, Pratt, and Hawkins must move to appear pro hac vice. Failure to comply with this order may result in the Court striking attorneys' appearances from the record. Signed by Judge Kathryn Kimball Mizelle on 7/8/2021. (NPC)
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| Filing 8 MOTION to Dismiss Plaintiff's Complaint or Stay Plaintiff's Complaint by Home Depot U.S.A., Inc. (Attachments: #1 Exhibit 1 - Home Improvement Agreement, #2 Exhibit 2 - Special Services Customer Invoice, #3 Exhibit 3 - Declaration of John M. Gafford)(Blank, Robert) Modified on 7/9/2021 to edit text (CRH). |
| Filing 7 CORPORATE Disclosure Statement by Home Depot U.S.A., Inc. identifying Corporate Parent The Home Depot, Inc. for Home Depot U.S.A., Inc. (Blank, Robert) Modified on 7/9/2021 to edit text (CRH). |
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Filing 6
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet within forty days after removal for the purposes of preparing and filing a Case Management Report. Signed by Judge Kathryn Kimball Mizelle on 7/6/2021. (NPC)
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| Filing 5 NOTICE to counsel Stewart Haskins II, J. Andrew Pratt, and Carley W. Hawkins Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details. (Signed by Deputy Clerk) (JLD) |
| Filing 4 NOTICE to counsel Rachael J. Kratz of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk) (JLD) |
| Filing 3 NOTICE to counsel Rachael J. Kratz of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk) (JLD) |
| Filing 2 NEW CASE ASSIGNED to Judge Kathryn K. Mizelle and Magistrate Judge Christopher P. Tuite. New case number: 8:21-cv-1585-KKM-CPT. (LRB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County, case number 21-CA-3134 filed in State Court on 4/13/21. Filing fee $ 402, receipt number AFLMDC-18430217 filed by Home Depot U.S.A., Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents Exhibit 1, #4 Exhibit 2 - Declaration of John M. Gafford in Support of Defendant's Notice of Removal, #5 Civil Cover Sheet)(Blank, Robert) Modified text on 7/2/2021 (JLD). |
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