Gonzalez v. Wal-mart Stores, Inc.
Plaintiff: Elimaniel Gonzalez
Defendant: Walmart Stores East LP and Wal-mart Stores, Inc.
Case Number: 8:2021cv02077
Filed: August 27, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Kathryn Kimball Mizelle
Referring Judge: Julie S Sneed
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2021 Opinion or Order Filing 17 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/8/2021. Joinder of Parties due by 11/8/2021. Discovery due by 3/25/2022. Dispositive motions due by 4/29/2022. Pretrial statement due by 9/1/2022. Plaintiff disclosure of expert report due by 1/28/2022. Defendant disclosure of expert report due by 2/25/2022. Pretrial Conference set for 9/8/2022 at 09:00 AM in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Jury Trial set for October 2022 in Tampa Courtroom 13 B before Judge Kathryn Kimball Mizelle. Conduct mediation hearing by 4/1/2022. Lead counsel to coordinate dates. Signed by Judge Kathryn Kimball Mizelle on 10/20/2021. (SMR)
October 15, 2021 Opinion or Order Filing 16 ***Stricken. Discovery Notice Attached. Counsel Notified.*** DEPOSITION of Corporate Representative taken on 02/16/2022 by Elimaniel Gonzalez.(Finebloom, Darren) Modified text on 10/15/2021 (JLD).
October 15, 2021 Opinion or Order Filing 15 ***Stricken. Discovery Notice Attached. Counsel Notified.*** DEPOSITION of Walmart Employees taken on 02/09/2022 by Elimaniel Gonzalez. (Finebloom, Darren) Modified text on 10/15/2021 (JLD).
October 14, 2021 Opinion or Order Filing 14 ORDER denying #8 Plaintiff's Motion to Remand to State Court. Wal-Mart timely removed to this Court upon receiving an "unambiguous statement" that Gonzalez's citizenship was diverse to its own. Lowery v. Alabama Power Co., 483 F.3d 1184, 1215 n.63 (11th Cir. 2007). Its notice of removal, together with its response to Gonzalez's remand motion and attached exhibits, provide sufficient evidence that the parties are diverse and that the amount-in-controversy exceeds $75,000. Signed by Judge Kathryn Kimball Mizelle on 10/14/2021. (SMR)
October 6, 2021 Opinion or Order Filing 13 CASE MANAGEMENT REPORT. (Russomanno, Suzette)
September 24, 2021 Opinion or Order Filing 12 RESPONSE in Opposition re #8 First MOTION to Remand to State Court filed by Wal-mart Stores, Inc. (Attachments: #1 Exhibit "A"-Wal-Mart Declaration, #2 Exhibit "B")(Russomanno, Suzette) Modified on 9/27/2021 to edit text (CRK).
September 10, 2021 Opinion or Order Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Elimaniel Gonzalez. Related case(s): No (Finebloom, Darren)
September 10, 2021 Opinion or Order Filing 10 NOTICE of Lead Counsel Designation by Darren M. Finebloom on behalf of Elimaniel Gonzalez. Lead Counsel: Darren Finebloom. (Finebloom, Darren)
September 10, 2021 Opinion or Order Filing 9 CERTIFICATE of interested persons and corporate disclosure statement by Elimaniel Gonzalez. (Finebloom, Darren)
September 10, 2021 Opinion or Order Filing 8 First MOTION to Remand to State Court by Elimaniel Gonzalez. (Attachments: #1 Exhibit Complaint, #2 Exhibit Docket Sheet, #3 Exhibit Summons, #4 Exhibit Demand, #5 Exhibit Bills, #6 Exhibit Notice of Removal, #7 Exhibit Walmart Stores)(Finebloom, Darren)
September 2, 2021 Opinion or Order Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Wal-mart Stores, Inc. identifying Corporate Parent Walmart Inc., Other Affiliate WSE Management, LLC, Other Affiliate WSE Investment, LLC, Other Affiliate Wal-Mart Stores East, LLC for Wal-mart Stores, Inc.(Russomanno, Suzette) Modified text on 9/3/2021. (JLD)
September 2, 2021 Opinion or Order Filing 6 NOTICE of Lead Counsel Designation by Jerry D. Hamilton on behalf of Wal-mart Stores, Inc. Lead Counsel: Jerry D. Hamilton, Esq. (Russomanno, Suzette) Corrected event type and notified counsel on 9/3/2021. (JLD)
September 2, 2021 Opinion or Order Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Wal-mart Stores, Inc. Related case(s): No (Russomanno, Suzette) Corrected Event Type and notified counsel on 9/3/2021. (JLD)
August 30, 2021 Opinion or Order Filing 4 NOTICE to Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (CRH)
August 30, 2021 Opinion or Order Filing 3 CIVIL CASE STANDING ORDER. Parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after the docketing of an action removed. Signed by Judge Kathryn Kimball Mizelle on 8/30/2021. (SMR)
August 30, 2021 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-2077-KKM-JSS. (SJB)
August 27, 2021 Opinion or Order Filing 1 COMPLAINT and NOTICE OF REMOVAL Walmart's from 12th Judicial Circuit in and for Sarasota County, case number 2021 CA 001863 filed in State Court on 04/21/2021. Filing fee $ 402, receipt number AFLMDC-18643976 filed by Walmart Stores East LP. (Attachments: #1 State Court COMPLAINT, #2 State Court ANSWER, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Russomanno, Suzette)

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Plaintiff: Elimaniel Gonzalez
Represented By: Darren M. Finebloom
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Defendant: Walmart Stores East LP
Represented By: Suzette Luisa Russomanno
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Defendant: Wal-mart Stores, Inc.
Represented By: Jerry Dean Hamilton
Represented By: Suzette Luisa Russomanno
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