Hernandez v. Walmart Stores East, LP et al
| Marisol Hernandez |
| Walmart Stores East, LP, John Doe and John Doe subscriber assigned IP address 173.171.39.165 |
| 8:2024cv00535 |
| February 29, 2024 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Julie S Sneed |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
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Filing 23
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery is due by 12/5/2024. Dispositive motions are due by 12/27/2024. Pretrial statement is due by 4/3/2025. Final Pretrial Conference is set for 4/10/2025 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Jury Trial is set for the May 2025 Trial Term commencing 5/5/2025 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Signed by Judge William F. Jung on 4/11/2024. (JCG)
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| Filing 22 CASE MANAGEMENT REPORT. (Gendreau, Steven) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re 6 Notice to Counsel of Local Rule 3.03 by Marisol Hernandez. (Nemeh, Joseph) |
| Filing 20 COUNSEL NOTIFIED (via email) TO REFILE USING CORRECT EVENT- CERTIFICATE of counsel of Interested Persons and Disclosure Statement by Joseph V. Nemeh on behalf of Marisol Hernandez (Nemeh, Joseph) Modified on 4/9/2024 to edit docket text (AJS). |
| Filing 19 NOTICE of a related action per Local Rule 1.07(c) by Marisol Hernandez. Related case(s): Yes (Nemeh, Joseph) |
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Filing 18
ENDORSED ORDER directing the parties to file a joint case management report by April 10, 2024. Signed by Judge William F. Jung on 4/3/2024. (CCB)
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Filing 17
ENDORSED ORDER denying #14 Motion to Remand to State Court. The Court has reviewed the entire record and Walmart's most recent response to the Court's query. The subject matter jurisdiction issues related to the remand issue appear to favor denying the motion. Signed by Judge William F. Jung on 4/3/2024. (Jung, William)
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| Filing 16 RESPONSE in Opposition re #14 MOTION to Remand to State Court and Response to Court Order 15 filed by Walmart Stores East, LP. (Attachments: #1 Civil Cover Sheet Exh. A - State Court Civil Cover Sheet, #2 Exhibit B - Order, #3 Exhibit C - Pltf's Ans. to ROGS redacted, #4 Exhibit D - Pltf's bills, redacted)(Sharkey Ross, Amanda) |
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Filing 15
ENDORSED ORDER taking under advisement #14 Motion to Remand to State Court. Walmart appears to have been put on notice as early as March 20, 2023 that the "amount of claim" was "over $100,000." See Doc. 1-2 at 2, the civil cover sheet. Walmart should address why the removal clock of 30 days did not start once Walmart saw this civil cover sheet. Walmart's deadline for response is 7 days from today. Signed by Judge William F. Jung on 3/25/2024. (Jung, William)
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| Filing 14 MOTION to Remand to State Court by Marisol Hernandez. (Attachments: #1 Plaintiff's Exhibits "A"-"M")(Nemeh, Joseph) Modified text on 3/25/2024 (KME). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Walmart Stores East, LP. (Sharkey Ross, Amanda) |
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Filing 12
ENDORSED ORDER granting #11 Motion to Substitute Attorney. Attorney Jared Michael Lerner terminated. Signed by Judge William F. Jung on 3/6/2024. (CCB)
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| Filing 11 MOTION to Substitute Attorney within Same Law Firm by Marisol Hernandez. (Nemeh, Joseph) Motions referred to Magistrate Judge Unassigned Magistrate. Modified on 3/7/2024 to edit text (ELM). |
| Filing 10 COUNSEL NOTIFIED TO REFILE. UNSIGNED DOCUMENT. CERTIFICATE of interested persons and corporate disclosure statement by Walmart Stores East, LP. (Sharkey Ross, Amanda) Modified text on 3/7/2024 (ABM). |
| Filing 9 ***COUNSEL NOTIFIED TO FILE A MOTION/NEW COUNSEL HAS NOT APPEARED ON THE DOCKET***NOTICE by Marisol Hernandez of Substitution of Counsel and Designation of Email Address (Nemeh, Joseph) Modified on 3/5/2024 (CTR). |
| Filing 8 Case Reassigned to Magistrate Judge Unassigned Magistrate. New case number: 8:24-cv-00535-WFJ-UAM. Magistrate Judge Julie S. Sneed no longer assigned to the case. (SAO) |
| Filing 7 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). (JCG). Modified on 3/3/2024 to update the document. (JCG). |
| Filing 6 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. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (JCG) |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Walmart Stores East, LP. Related case(s): No (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 Steven Conrad Gendreau on behalf of Walmart Stores East, LP (Gendreau, Steven) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Julie S. Sneed. New case number: 8:24-cv-535-WFJ-JSS. (AET) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Clerk of Court, case number 23-CA-4041 filed in State Court on 03/20/23. Filing fee $405, receipt number AFLMDC-21817793 filed by Walmart Stores East, LP. (Attachments: #1 State Court COMPLAINT Exh. A, #2 State Court Other Documents Exh. B, #3 State Court Other Documents Exh. C - Pltf's Ans. to ROGS redacted, #4 State Court ANSWER, #5 State Court Docket Sheet, #6 Civil Cover Sheet )(Sharkey Ross, Amanda) Modified on 3/1/2024 to edit text. (LD). |
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