Pitt v. Walmart Stores East, LP
| Charles Pitt |
| Walmart Stores East, LP and Keyla Breton |
| 8:2022cv02377 |
| October 17, 2022 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Thomas G Wilson |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.
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Filing 14
ENDORSED ORDER granting #10 Motion to Remand to State Court. The Plaintiff has alleged a plausible claim, in the original State complaint, against a non-diverse defendant. Accordingly, the Court does not possess diversity subject matter jurisdiction. The Court is not comfortable determining on this record that the allegations against the store manager are without a fair basis or entirely a product of craft. Likewise, the Court declines to exercise its discretion to award attorney's fees to Plaintiff, as Defendant is entitled to that same presumption of good faith and deference shown to Plaintiff here. The Court will remand this case and close it. Signed by Judge William F. Jung on 11/23/2022. (Jung, William)
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| Filing 13 RESPONSE in Opposition re #10 MOTION to Remand to State Court filed by Walmart Stores East, LP. (Tanner, Madison) |
| Filing 12 CASE MANAGEMENT REPORT. (Tanner, Madison) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #10 MOTION to Remand to State Court by Charles Pitt. (McLaughlin, Robert) |
| Filing 10 MOTION to Remand to State Court by Charles Pitt. (McLaughlin, Robert) |
| Filing 9 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). (CAH) |
| Filing 8 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). (CAH) |
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Filing 7
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 10/18/2022. (ABC)
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| Filing 6 NOTICE of a related action per Local Rule 1.07(c) by Walmart Stores East, LP. Related case(s): No (Sharkey Ross, Amanda) |
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by Walmart Stores East, LP. (Sharkey Ross, Amanda) |
| Filing 4 NOTICE of Lead Counsel Designation by Amanda J. Sharkey Ross on behalf of Walmart Stores East, LP. Lead Counsel: Amanda J. Sharkey Ross. (Sharkey Ross, Amanda) |
| Filing 3 NOTICE of Appearance by Madison Allen Tanner on behalf of Walmart Stores East, LP (Tanner, Madison) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Thomas G. Wilson. New case number: 8:22-cv-2377-WFJ-TGW. (NAS) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Pasco County Clerk of Court, case number 2022-CA-1190 filed in State Court on 05/06/22. Filing fee $402, receipt number AFLMDC-20094912 filed by Walmart Stores East, LP. (Attachments: #1 State Court Complaint, #2 State Court Other Documents - NOS PFS, #3 State Court Other Documents State Court Pleadings, Part 1, #4 State Court Other Documents - State Court Pleadings, Part 2, #5 State Court Other Documents Pltf's Ans to ROGS, redacted, #6 State Court Answer, #7 State Court Docket Sheet #8 Civil Cover Sheet(Sharkey Ross, Amanda) Modified text on 10/17/2022 (SET). |
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