Palmer v. Wal-Mart Stores East, LP
| Nancy Palmer |
| Wal-Mart Stores East, LP a foreign limited partnership authorized to do business in Florida doing business as Wal-Mart Neighborhood Market Store #3414 |
| Gregory P. Holder |
| 8:2021cv02650 |
| November 10, 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 January 6, 2022. A more recent docket listing may be available from PACER.
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Filing 17
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Timothy M. Ingram, Jr. is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until January 19, 2022, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by January 19, 2022. Signed by Judge Virginia M. Hernandez Covington on 1/6/2022. (TWL)
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Filing 16
ENDORSED ORDER deferring ruling on the joint motion to remand to state court. (Doc. #15). Until an amended complaint is filed adding a non-diverse defendant, this Court is properly exercising diversity jurisdiction over this case. And "[t]his Court does not have the discretion to remand a properly removed action simply because both parties consent to remand." Elliott v. Bonefish Grill, LLC, No. 5:18-CV-46 (CAR), 2018 WL 1083472, at *1 (M.D. Ga. Feb. 28, 2018). Thus, if Plaintiff intends to amend the complaint to add a non-diverse defendant, she should file that amended complaint in this Court by January 14, 2022, so this Court may then rule on the joint motion to remand. Signed by Judge Virginia M. Hernandez Covington on 1/6/2022. (DMD)
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| Filing 15 Joint MOTION to Remand to State Court by Wal-Mart Stores East, LP. (Bolin, Andrew) |
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Filing 14
ENDORSED ORDER: Pursuant to the Case Management and Scheduling Order (Doc. #11), the parties were directed to file their notice of mediation for their in-person mediation before Gregory Holder by January 3, 2022. That date has passed but no notice of mediation has been filed. Accordingly, the parties are directed to file the notice of mediation by January 6, 2022. Signed by Judge Virginia M. Hernandez Covington on 1/4/2022. (DMD)
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Filing 13
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 12/10/2021. (TWL)
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Filing 12
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #11), 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 12/10/2021. (TWL)
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Filing 11
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 1/19/2023 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the February 2023 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 8/22/2022. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 12/10/2021. (TWL)
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| Filing 10 ANSWER and affirmative defenses to Complaint with Jury Demand by Wal-Mart Stores East, LP.(Bolin, Andrew) |
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Filing 9
ENDORSED ORDER: When this case was removed from state court, Defendant did not file a copy of any answer along with its notice of removal. (Doc. #1). This suggests that Defendant did not file an answer in state court. Nor has Defendant timely filed an answer after removal, as required by Federal Rule of Civil Procedure 81(c). If Defendant merely neglected to file a copy of its state-court answer on the docket, it should do so by December 6, 2021. If Defendant did not file an answer in state court, then Plaintiff should promptly apply to the Clerk for entry of default. Signed by Judge Virginia M. Hernandez Covington on 12/3/2021. (DMD)
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| Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Nancy Palmer. (Ingram, Timothy) |
| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Nancy Palmer. Related case(s): No. (Ingram, Timothy) Modified text on 12/20/2021 (LNR). |
| Filing 6 CASE MANAGEMENT REPORT. (Ingram, Timothy) |
| Filing 5 NOTICE of Lead Counsel Designation by Timothy M. Ingram on behalf of Nancy Palmer. Lead Counsel: Timothy M. Ingram. (Ingram, Timothy) |
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Filing 4
ENDORSED ORDER: On November 15, 2021, the Court directed the parties to file their completed Case Management Report by November 26, 2021. (Doc. # 3). That date has passed but no Case Management Report has been filed. Accordingly, the parties are directed to file the completed Case Management Report by December 3, 2021. Signed by Judge Virginia M. Hernandez Covington on 11/30/2021. (DMD)
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 26, 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 11/15/2021. (DMD)
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| Filing 2 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 1 COMPLAINT and NOTICE OF REMOVAL from the Sixth Judicial Circuit, Pinellas County, case number 21-003931-CI-20 filed in State Court on 8/19/2021. Filing fee $ 402, receipt number TPA65255 filed by Wal-Mart Stores East, LP. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 Civil Cover Sheet)(LNR) |
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| Plaintiff: Nancy Palmer | |
| Represented By: | Timothy M. Ingram |
| Represented By: | Timothy M. Ingram, Jr. |
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| Defendant: Wal-Mart Stores East, LP a foreign limited partnership authorized to do business in Florida doing business as Wal-Mart Neighborhood Market Store #3414 | |
| Represented By: | Andrew S. Bolin |
| Represented By: | Trina Sams Hearn |
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| Not classified by court: Gregory P. Holder | |
| Represented By: | Gregory P. Holder |
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