Kukorinis v. Walmart, Inc.
| VASSILIOS KUKORINIS |
| Walmart, Inc. |
| Gregory P. Holder |
| 8:2022cv02402 |
| October 19, 2022 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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| Set/reset deadlines/hearings: Amended Complaint due by 7/20/2023 (JK) |
Filing 52
ORDER: Defendant Walmart, Inc.'s Motion to Dismiss the Class Action Complaint (Doc. #25) is GRANTED in part and DENIED in part. Count III is DISMISSED without prejudice. Count IV is DISMISSED with prejudice. Plaintiff Vassilios Kukorinis may file an amended complaint as to Count III within 14 days from the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 7/6/2023. (DRG)
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| Filing 51 Joint STATUS report by Walmart, Inc.. (Torres, Christopher) (Modified on 7/3/2023 to edit docket text) (JDR). |
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Filing 50
ENDORSED ORDER: On June 6, 2023, the parties filed a joint status report, explaining that they had retained a private mediator, with whom they had completed one session, and had scheduled a second session to occur on June 16, 2023. Accordingly, by July 5, 2023, the parties are directed to file a brief status report. Signed by Judge Virginia M. Hernandez Covington on 6/30/2023. (DRG)
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| Filing 49 STATUS report -- Joint Status Report -- by Vassilios Kukorinis. (Donaldson-Smith, Kimberly) Modified on 6/6/2023 (CTR). |
| Filing 48 RESPONSE re #47 Notice of filing supplemental authority -- Plaintiff's Response to Defendant Walmart Inc.'s Notice of Supplemental Authority -- filed by Vassilios Kukorinis. (Donaldson-Smith, Kimberly) |
| Filing 47 NOTICE of supplemental authority by Walmart, Inc. (Jackson, Raymond) Modified on 4/5/2023 (CTR). |
| Filing 46 STIPULATED AGREEMENT RE: Protocol for the Discovery of Electronically Stored Information.(ABC) |
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Filing 45
ORDER granting #44 Motion. Signed by Magistrate Judge Thomas G. Wilson on 3/24/2023. (ABC)
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| Filing 44 Joint MOTION for Miscellaneous Relief, specifically For Entry of the Stipulated Agreement Re: Protocol for the Discovery of Electronically Stored Information by Vassilios Kukorinis. (Attachments: #1 Exhibit A - ESI Protocol)(Donaldson-Smith, Kimberly) |
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Filing 43
ENDORSED ORDER: Defendant Walmart has filed a Motion for Leave to File Reply (Doc. #42) in support of its Motion to Dismiss (Doc. #25). In light of the Court's review of the underlying Motion to Dismiss, the Motion for Leave to File Reply is denied. Signed by Judge Virginia M. Hernandez Covington on 2/22/2023. (DRG)
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| Filing 42 MOTION for Leave to File Other Document :Reply in Support of Defendant's Motion to Dismiss by Walmart, Inc. (Jackson, Raymond) Modified on 2/21/2023 (CTR). |
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Filing 41
ORDER granting #40 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 2/15/2023. (ABC)
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| Filing 40 Unopposed MOTION for Robert J. Herrington to appear pro hac vice ; Special Admission fee paid, Receipt No. AFLMDC-20506416 for $150 by Walmart, Inc. (Jackson, Raymond) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 2/14/2023 (CTR). |
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Filing 39
ORDER appointing Gregory Holder as mediator in this action. The mediation conference is scheduled for November 14, 2023, 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 2/7/2023. (DRG)
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| Filing 38 NOTICE of mediation conference/hearing to be held on November 14, 2023 beginning at 9:00 a.m. before Hon. Gregory P. Holder (Retired Judge). (Donaldson-Smith, Kimberly) |
| Filing 37 RESPONSE in Opposition re #25 MOTION to Dismiss the Class Action Complaint filed by Vassilios Kukorinis. (Attachments: #1 Exhibit A - Walmart Return Policy Exceptions)(Donaldson-Smith, Kimberly) |
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Filing 36
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/25/2023. (MEJ)
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Filing 35
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order Doc. #34, 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 1/25/2023. (MEJ)
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Filing 34
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 4/11/2024 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the May 2024 Trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 12/7/2023. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/25/2023. (MEJ)
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| Filing 33 CASE MANAGEMENT REPORT. (Jackson, Raymond) |
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Filing 32
ENDORSED ORDER granting Unopposed Motion for Extension of Time to File Response and for Leave to File Response of More than Twenty Pages. (Doc. #31). Plaintiff Vassilios Kukorinis may file a response to Walmart's Motion to Dismiss, not to exceed 25 pages, by February 3, 2023. Signed by Judge Virginia M. Hernandez Covington on 1/13/2023. (DRG)
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| Filing 31 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss the Class Action Complaint and MOTION to File Excess Pages by All Plaintiffs. (Donaldson-Smith, Kimberly) . Added MOTION to File Excess Pages on 1/13/2023 (MCB). |
| Filing 30 Joint NOTICE Regarding Conferral by Walmart, Inc. re #26 Notice (Other), #25 MOTION to Dismiss the Class Action Complaint (Jackson, Raymond) Modified text on 1/13/2023 (MCB). |
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Filing 29
ORDER granting #28 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 1/11/2023. (ABC)
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| Filing 28 Unopposed MOTION for Naomi Beer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20381942 for $150 by Walmart, Inc. (Attachments: #1 Exhibit A)(Jackson, Raymond) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 1/10/2023 (CTR). |
| Filing 27 CORPORATE Disclosure Statement by Walmart, Inc. (Jackson, Raymond) Modified on 1/10/2023 (CTR). |
| Filing 26 NOTICE by Vassilios Kukorinis re #25 MOTION to Dismiss the Class Action Complaint -- Notice i=of Plaintiff's Counterstatement to Walmart's "Local Rule 3.01(g) Certification" Filed with it's Motion to Dismiss [DKT. NO. 25 -- (Attachments: #1 Exhibit A)(Donaldson-Smith, Kimberly) Modified on 1/10/2023 (CTR). |
| Filing 25 MOTION to Dismiss the Class Action Complaint by Walmart, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jackson, Raymond) |
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Filing 24
ENDORSED ORDER granting in part and denying in part #23 Motion for Extension of Time to File. The Court extends the answer deadline to January 6, 2023, and the case management report deadline is extended to January 13, 2023. These deadlines will not be extended again. Here defendant was served on October 21 and notices of appearance filed on November 9, 2022. The Court is now providing close to two months from when the notices were filed and more than two months from when the defendant was served to investigate the case and prepare its responsive pleading. The Court appreciates and encourages counsel to communicate and attempt to resolve their differences. However, the Court takes seriously its obligation to move cases forward to resolution and excessive and repetitive extensions of time do not serve that goal. Signed by Judge Virginia M. Hernandez Covington on 12/9/2022. (Covington, Virginia)
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| Filing 23 Unopposed MOTION for Extension of Time to File a response to the Complaint and Joint Motion by Plaintiff and Walmart Inc. for Extension of Deadline to submit Case Management Report by Walmart, Inc. (Jackson, Raymond) Modified on 12/12/2022 (CTR). |
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Filing 22
ENDORSED ORDER granting Joint Motion for Extension of Time to File Case Management Report. (Doc. #21). The Case Management Report is now due January 9, 2023. Signed by Judge Virginia M. Hernandez Covington on 11/18/2022. (DRG)
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| Filing 21 Joint MOTION for Extension of Time to File Case Management Report by Walmart, Inc.. (Jackson, Raymond) |
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Filing 20
ORDER granting #19 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 11/14/2022. (ABC)
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| Filing 19 MOTION for Zachary P. Beatty to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20189576 for $150 by All Plaintiffs. (Beatty, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 18
ENDORSED ORDER granting Motion for Extension of Time. (Doc. #17). Defendant's answer is now due December 14, 2022. Signed by Judge Virginia M. Hernandez Covington on 11/10/2022. (DRG)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Complaint by Walmart, Inc. (Torres, Christopher) Modified text on 11/14/2022 (MCB). |
| Filing 16 NOTICE of Appearance by Raymond D. Jackson on behalf of Walmart, Inc. (Jackson, Raymond) |
| Filing 15 NOTICE of Appearance by Christopher Torres on behalf of Walmart, Inc. (Torres, Christopher) |
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Vassilios Kukorinis. Related case(s): No (Donaldson-Smith, Kimberly) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Vassilios Kukorinis. (Donaldson-Smith, Kimberly) |
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Filing 12
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 25, 2022, 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 10/25/2022. (DRG)
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| Filing 11 NOTICE of Lead Counsel Designation by Kimberly M Donaldson-Smith on behalf of Vassilios Kukorinis. Lead Counsel: Kimberly M. Donaldson-Smith. (Donaldson-Smith, Kimberly) |
| Filing 10 RETURN of service executed on October 21, 2022 by Vassilios Kukorinis as to Walmart, Inc. (Beatty, Zachary) Modified on 10/24/2022 (CTR). |
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Filing 9
ORDER granting #7 Motion to Appear Pro Hac Vice; granting #8 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 10/21/2022. (ABC)
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| Filing 8 MOTION for Kimberly M. Donaldson-Smith to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20114053 for $150 by All Plaintiffs. (Beatty, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 7 MOTION for Nicholas E. Chimicles to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20113913 for $150 by All Plaintiffs. (Beatty, Zachary) Motions referred to Magistrate Judge Thomas G. Wilson. |
| Filing 6 NOTICE to counsel Zachary P. Beatty, Kimberly Donaldson-Smith, and Nicholas E. Chimicles Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (CTR) |
| Filing 5 NOTICE to counsel Zachary P. Beatty 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). (CTR) |
| Filing 4 SUMMONS issued as to Walmart, Inc. (CTR) |
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Filing 3
STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 10/19/2022. (ABC)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:22-cv-2402-VMC-TGW. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-20109072) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Beatty, Zachary) |
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