Khan v. Wal-Mart, Inc. et al
| QAISAR KHAN |
| WAL-MART, INC., STANLEY BLACK & DECKER, INC. d/b/a STANLEY ACCESS TECHNOLOGIES, LLC and Stanley Black & Decker, Inc, |
| F. Robert Santos |
| 8:2021cv02314 |
| September 30, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Amanda Arnold Sansone |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 24, 2021. A more recent docket listing may be available from PACER.
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Filing 21
ENDORSED ORDER: The Court is aware that the parties have requested a June 17, 2022, mediation to be held via Zoom videoconference. Given the availability of vaccinations, in-person mediations can be safely conducted with proper precautions in place, such as social distancing and the wearing of masks. The Court firmly believes that in-person mediations are more productive than video mediations, and finds in-person mediation appropriate absent truly exigent circumstances, such as serious health concerns. Thus, the request to mediate remotely is denied at this time. If the parties have such health concerns or issues, they may file supporting documentation in camera in a motion closer to the mediation date. If the Court then permits the mediation to be conducted remotely due to such health issues, the Court will reserve the right to order another round of in person mediation if the mediation is not successful. Signed by Judge Virginia M. Hernandez Covington on 11/24/2021. (SGM)
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Filing 20
ORDER appointing F. Robert Santos as mediator in this action. The mediation conference is scheduled for June 17, 2022, 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. Signed by Judge Virginia M. Hernandez Covington on 11/24/2021. (SGM)
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| Filing 19 NOTICE of mediation conference/hearing to be held on 6/17/22 at 9:00 AM before F. Robert Santos. (Umberger, Courtney) |
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Filing 18
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/2/2021. (TWL)
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Filing 17
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #16), 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 11/2/2021. (TWL)
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Filing 16
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 12/8/2022 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington Jury Trial set for the January 2023 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 7/8/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/2/2021. (TWL)
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| Filing 15 CASE MANAGEMENT REPORT. (Umberger, Courtney) |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Stanley Black & Decker, Inc, identifying Other Affiliate Stanley Access Technologies, LLC for Stanley Black & Decker, Inc. (Ferris, Colby) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re 7 Order by Wal-Mart, Inc. identifying Corporate Parent Wal-Mart Stores Inc., Corporate Parent WSE Management, LLC, Corporate Parent WSE Investment, LLC for Wal-Mart, Inc. (Concepcion, Patricia) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Qaisar Khan. (Umberger, Courtney) |
| Filing 11 Joint RESPONSE re 6 Order filed by Wal-Mart, Inc. (Concepcion, Patricia) Modified text on 10/12/2021 (MCB). |
| Filing 10 AMENDED NOTICE of Appearance by Patricia Concepcion on behalf of Wal-Mart, Inc. (Concepcion, Patricia) Modified text on 10/12/2021 (MCB). |
| Filing 9 NOTICE by Wal-Mart, Inc. re 3 Notice to Counsel of Local Rule of Filing Notice of Lead Counsel and Designation of Email (Concepcion, Patricia) |
| Filing 8 Wal-Mart, Inc's ANSWER and affirmative defenses to Complaint by Wal-Mart, Inc.(Concepcion, Patricia) Modified text on 10/12/2021 (MCB). |
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Filing 7
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 21, 2021, file a completed Case Management Report. The Court believes that six to eight months is a sufficient period of time to conduct discovery in the vast majority of cases. If the parties believe that more 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. After the Case Management Report is filed, the Court will 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 10/8/2021. (SGM)
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Filing 6
ENDORSED ORDER: Pursuant to Federal Rule of Civil Procedure 81, Defendant Wal-Mart's answer was due yesterday, October 7, 2021. That date has passed but no answer or motion for extension of time has been filed. And Plaintiff has failed to promptly apply to the Clerk for entry of default. Accordingly, the Court directs Plaintiff to promptly apply to the Clerk for entry of default. Signed by Judge Virginia M. Hernandez Covington on 10/8/2021. (SGM)
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| Filing 5 NOTICE of Lead Counsel Designation by Colby Nicole Ferris on behalf of Stanley Black & Decker, Inc. Lead Counsel: Michael J. Wiggins. (Ferris, Colby) |
| Filing 4 NOTICE of Lead Counsel Designation by Felipe B. Fulgencio on behalf of Qaisar Khan. Lead Counsel: Felipe Fulgencio. (Fulgencio, Felipe) |
| Filing 3 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). (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-2314-VMC-AAS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Sixth Judicial Circuit in and for Pasco County, case number 2021-CA-001921 filed in State Court on 8/18/21. Filing fee $ 402, receipt number AFLMDC-18767756 filed by STANLEY BLACK & DECKER, INC. d/b/a STANLEY ACCESS TECHNOLOGIES, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - State Court Docket, #3 Exhibit Exhibit B - NOF Notice of Removal, #4 Exhibit Exhibit C - Khan _ Pasco County Property Appraiser, #5 Exhibit Aff of MJW supporting NOR)(Ferris, Colby) |
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