McClain v. Transportation Media, Inc.
| Richard McClain |
| Transportation Media, Inc. an Oregon Corporation doing business as Gameday Media |
| 8:2022cv01990 |
| August 30, 2022 |
| US District Court for the Middle District of Florida |
| Charlene Edwards Honeywell |
| Mac R McCoy |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Employment Discrim |
| Defendant |
Docket Report
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Filing 21
CASE MANAGEMENT AND SCHEDULING ORDER: Rule 26(a)(1) mandatory initial disclosures to be exchanged by 10/21/2022; Motions to add or join parties or to amend pleadings due by 10/28/2022; Plaintiff disclosure of expert report due by 12/14/2022; Defendant disclosure of expert report due by 1/13/2023; Rebuttal of expert report due by 1/23/2023; Discovery due by 2/1/2023; Conduct mediation hearing by 3/1/2023 (lead counsel to coordinate dates); Dispositive motions due by 3/31/2023; Final pretrial meeting to occur by 5/15/2023; Motions in limine due by 6/16/2023; Joint final pretrial statement due by 6/16/2023; Final Pretrial Conference set for 8/14/2023 at 10:30 AM in Tampa Courtroom 9 B before Magistrate Judge Mac R. McCoy; and Jury Trial set for 10/2/2023 at 09:00 AM in Tampa Courtroom 9 B before Magistrate Judge Mac R. McCoy. Signed by Magistrate Judge Mac R. McCoy on 10/5/2022. (FN)
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Filing 20
TEXT ORDER striking #18 Notice of Unavailability of Counsel for Plaintiffs [sic]. Under the new Local Rules, counsel may not file a "notice of unavailability." See M.D. Fla. R. 3.08(c). Counsel for Plaintiff, may file a motion seeking appropriate relief in full compliance with this Court's Local Rules, if necessary. The Clerk of Court is directed to strike the Notice of Unavailability of Counsel for Plaintiffs [sic] (Doc. #18) and to indicate on the docket that the filing is stricken by this Order. Signed by Magistrate Judge Mac R. McCoy on 9/30/2022. (CM)
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| Filing 19 CASE MANAGEMENT REPORT. (Mann, Michael) |
| Filing 18 ***STRICKEN PER ORDER 20***NOTICE by Richard McClain NOTICE OF UNAVAILABILITY OF PLAINTIFF'S COUNSEL from 10/6/22 through 10/14/22 (Mann, Michael) Modified on 9/30/2022 (JNB). |
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Filing 17
ORDER approving Consent to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Mac R. McCoy. Signed by Judge Charlene Edwards Honeywell on 9/19/2022. (BGS)
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| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re 3 Notice to Counsel of Local Rule, by Richard McClain. (Mann, Michael) |
| Filing 15 CONSENT to trial by U.S. Magistrate Judge by Transportation Media, Inc. (Acker, Randal) Modified text on 9/19/2022 (MCB). |
| Filing 14 CONSENT to trial by U.S. Magistrate Judge by Transportation Media, Inc.. (Acker, Randal) |
| Filing 13 DECLARATION of Aaron S. Ferreira re #11 Response to order to show cause by Transportation Media, Inc. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K)(Acker, Randal) Modified text on 9/16/2022 (MCB). |
| Filing 12 DECLARATION of Kevin Coari re #11 Response to order to show cause by Transportation Media, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Acker, Randal) Modified text on 9/16/2022 (MCB). |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #8 Order pdf filed by Transportation Media, Inc. (Acker, Randal) Modified text on 9/16/2022 (MCB). |
| Filing 10 REPLY to affirmative defenses by Richard McClain. (Mann, Michael) |
| Filing 9 ANSWER and affirmative defenses to Complaint by Transportation Media, Inc.(Acker, Randal) Modified text on 9/6/2022 (MCB). |
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Filing 8
ORDERED: Defendant is directed to SHOW CAUSE as to why this action should not be remanded to the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, for lack of diversity jurisdiction under 28 U.S.C. 1332(a)(1). Defendant shall file a written response with the Court within FOURTEEN (14) DAYS from the date of this Order. Failure to respond to this Order within the time provided will result in this action being remanded to the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida. Signed by Judge Charlene Edwards Honeywell on 9/2/2022. (MMS)
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| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Transportation Media, Inc. (Acker, Randal) Modified on 9/2/2022 (CTR). |
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Filing 6
ORDER granting #5 Unopposed Motion for Special Admission. The Clerk of Court is directed to add Randal B. Acker to the service list. Unless already completed, within fourteen (14) days from the date of this Order, Randal B. Acker must send the required fee to the Clerk's Office. Unless already completed, within fourteen (14) days from the date of this Order, Randal B. Acker must complete and submit the E-Filer Registration Form for CM/ECF. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 8/31/2022. (CM)
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| Filing 5 MOTION for Randal B. Acker to appear pro hac vice by Transportation Media, Inc. (Riemenschneider, Michael) Motions referred to Magistrate Judge Mac R. McCoy. Modified text on 9/1/2022 (MCB). |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-19950834 for $150 paid. Special Admission for Non-Resident Attorney Randal B. Acker. (Riemenschneider, Michael) |
| Filing 4 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). (BGS) |
| Filing 3 NOTICE 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 or elsewhere. -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). (BGS) |
| Filing 2 NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Mac R. McCoy. New case number: 8:22-cv-1990-CEH-MRM. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 22-CA-005026 filed in State Court on 6-14-2022. Filing fee $402, receipt number AFLMDC-19940026 filed by Transportation Media, Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Riemenschneider, Michael) Modified text on 8/30/2022 (MCB). |
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| Plaintiff: Richard McClain | |
| Represented By: | Michael Grady Mann |
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| Defendant: Transportation Media, Inc. an Oregon Corporation doing business as Gameday Media | |
| Represented By: | Michael R. Riemenschneider |
| Represented By: | Randal Acker |
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