Toomey v. Fast of Florida, Inc. et al
| Kelly Toomey |
| Fast of Florida, Inc. and Southeast HVAC Corporation |
| Mark Heilig |
| 8:2023cv01361 |
| June 19, 2023 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Civil Rights: Americans with Disabilities - Employment |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ENDORSED ORDER: On July 26, 2023, the Court entered its Case Management and Scheduling Order, directing Plaintiff to file a notice of mediation by August 16, 2023. (Doc. #26). A review of the docket reveals that no notice has been filed. Accordingly, Plaintiff is directed to file a notice of mediation, indicating the date, time, and location of the in-person mediation conference, by August 22, 2023. Signed by Judge Virginia M. Hernandez Covington on 8/17/2023. (DMD)
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Filing 31
ENDORSED ORDER: The Court strikes the amended Case Management Report, filed on July 28, 2023. (Doc. #29). The Court already entered its Case Management and Scheduling Order (Doc. #26) on July 26, 2023. The parties are bound by the deadlines set in the Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 8/1/2023. (DMD)
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| Filing 30 ANSWER and affirmative defenses to #1 Complaint by Fast of Florida, Inc..(Robin, Stephanie) Modified to edit docket text on 8/1/2023 (HAI). |
| Filing 29 STRICKEN per Endorsed Order 31 AMENDED CASE MANAGEMENT REPORT. (Owens, Gregory) Modified to edit docket text on 7/31/2023 (MEJ). Modified text on 8/1/2023 (BD). |
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Filing 28
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 7/26/2023. (MEJ)
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Filing 27
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order Doc. #26, 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 7/26/2023. (MEJ)
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Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 10/17/2024 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the November 2024 Trial Term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 5/8/2024. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 7/26/2023. (MEJ)
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Filing 25
ENDORSED ORDER granting Defendants' #24 Unopposed Motion for Special Admission as to attorney Mitchell Boyarsky, Esq. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 7/26/2023. (WFM)
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| Filing 23 CASE MANAGEMENT REPORT. (Owens, Gregory) |
| Filing 22 NOTICE TO COUNSEL Mitchell Boyarsky 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). (LSS) |
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Filing 21
ENDORSED ORDER denying the joint motion to stay the case for thirty days. (Doc. #20). While the Court applauds the parties' desire to reach an early resolution and encourages them to continue discussions about potential settlement, such intended settlement discussions do not warrant staying the case or extending the case's deadlines. Furthermore, if the parties' settlement discussions are successful, the Court reminds the parties that they must immediately inform the Court through the filing of a notice of settlement. See Local Rule 3.09(a) ("The parties must immediately file a notice after agreeing to resolve all or part of a civil action, even if the resolution is contingent or unwritten."). Signed by Judge Virginia M. Hernandez Covington on 7/25/2023. (DMD)
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| Filing 20 Joint MOTION to Stay this Action for Thirty (30) days by Fast of Florida, Inc., Southeast HVAC Corporation. (Robin, Stephanie) |
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Filing 19
ENDORSED ORDER denying as moot Defendants' second motion for extension of time to respond to the complaint, which requests an extension to August 2, 2023. (Doc. #18). The Court already granted Defendants' first motion for extension of time to respond to the complaint on July 5, 2023, when the Court extended the response deadline to August 2, 2023. (Doc. # 13). Signed by Judge Virginia M. Hernandez Covington on 7/24/2023. (DMD)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Fast of Florida, Inc., Southeast HVAC Corporation. (Robin, Stephanie) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Fast of Florida, Inc., Southeast HVAC Corporation. (Robin, Stephanie) |
| Filing 24 MOTION for Mitchell Boyarsky to appear pro hac vice by Fast of Florida, Inc., Southeast HVAC Corporation. (Attachments: #1 Mailing Envelope)(KME) Motions referred to Magistrate Judge Christopher P. Tuite. |
| PRO HAC VICE FEES paid by attorney Mitchell Boyarsky, appearing on behalf of Fast of Florida, Inc., Southeast HVAC Corporation (Filing fee $150 receipt number 68806.) Related document: #24 MOTION for Mitchell Boyarsky to appear pro hac vice. (KME) |
| Filing 16 RETURN of service executed on June 22, 2023 by Kelly Toomey as to Southeast HVAC Corporation. (Owens, Gregory) |
| Filing 15 RETURN of service executed on June 22, 2023 by Kelly Toomey as to Fast of Florida, Inc. (Owens, Gregory) Modified on 7/5/2023 (CTR). |
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Filing 14
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by July 27, 2023, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time 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. The Court will then 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 7/5/2023. (DMD)
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Filing 13
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the complaint. (Doc. #12). Response to the complaint now due August 2, 2023. Signed by Judge Virginia M. Hernandez Covington on 7/5/2023. (DMD)
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Fast of Florida, Inc., Southeast HVAC Corporation. (Robin, Stephanie) |
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Filing 11
ENDORSED ORDER granting Defendants' #10 Unopposed Motion for Special Admission as to attorney Amy B. Cheng. If counsel has not already done so, within fourteen (14) days hereof, she shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 6/30/2023. (WFM)
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| Filing 10 MOTION for Amy B. Cheng to appear pro hac vice by Fast of Florida, Inc., Southeast HVAC Corporation. (AA) Motions referred to Magistrate Judge Christopher P. Tuite. |
| PRO HAC VICE FEES paid by attorney Amy B. Cheng, appearing on behalf of Fast of Florida, Inc., Southeast HVAC Corporation (Filing fee $150 receipt number TPA68785). Related document: #10 MOTION for Amy B. Cheng to appear pro hac vice. (AA) |
| Filing 9 NOTICE of Appearance by Stephanie Michelle Robin on behalf of Fast of Florida, Inc. (Robin, Stephanie) |
| Filing 8 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). (MEJ) |
| Filing 7 SUMMONS issued as to Fast of Florida, Inc., Southeast HVAC Corporation. (CTR) |
| Filing 6 NOTICE of a related action Amended Notice of a Related Action per Local Rule 1.07(c) by Kelly Toomey. Related case(s): Yes (Owens, Gregory) |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Kelly Toomey. Related case(s): Yes (Owens, Gregory) |
| Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Kelly Toomey. (Owens, Gregory) |
| Filing 3 NOTICE of Lead Counsel Designation by Gregory A. Owens on behalf of Kelly Toomey. Lead Counsel: Gregory A. Owens, Esq. (Owens, Gregory) Modified on 6/20/2023 (CTR). |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-1361-VMC-CPT. (AM) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-20953631) filed by Kelly Toomey. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Owens, Gregory) |
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