Lively, Jr. v. Burgess Civil, LLC
Plaintiff: Everette Lively, Jr.
Defendant: Burgess Civil, LLC
Pretrial Services: Carlos Burruezo
Case Number: 8:2024cv02894
Filed: December 16, 2024
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Virginia M Hernandez Covington
Referring Judge: Lindsay S Griffin
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2601 Family Medical Leave Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 6, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 6, 2025 Filing 25 ANSWER and affirmative defenses with Jury Demand to #20 Amended Complaint by Burgess Civil, LLC.(Green, Matthew)
February 5, 2025 Opinion or Order Filing 24 ORDER appointing Carlos Burruezo as mediator in this action. The mediation conference is scheduled for May 20, 2025, at 9:30 a.m. 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 2/5/2025. (MG)
February 4, 2025 Filing 23 NOTICE of mediation conference/hearing to be held on May 20, 2025 at 9:30am before Carlos J. Burruezo. (Heystek, Amanda)
January 30, 2025 Opinion or Order Filing 22 ENDORSED ORDER: The Clerk is directed to strike the notice of mediation (Doc. #21) for violation of the Court's orders. In its notice, the parties indicate that the mediation will be held via Zoom. However, the Court noted in its January 22, 2025, Case Management and Scheduling Order that "[t]he Court does not allow mediation by telephone or video conference. Personal attendance is required." (Doc. #16). The Court finds in-person mediation appropriate absent truly exigent circumstances, such as serious health concerns. The parties are directed to file an amended notice of mediation by February 5, 2025, that specifies the date, time, and location of the in-person mediation with Carlos Burruezo. Signed by Judge Virginia M. Hernandez Covington on 1/30/2025. (MG)
January 29, 2025 Filing 21 STRICKEN per Order 22 NOTICE of selection of mediator and scheduling mediation conference/hearing to be held on May 20, 2025 at 9:30am before Carlos J. Burruezo. (Heystek, Amanda) Modified on 1/29/2025 to edit docket text (JDR). Modified on 1/31/2025 to edit text (ELA).
January 28, 2025 Filing 20 AMENDED COMPLAINT against Burgess Civil, LLC with Jury Demand. filed by Everette Lively, Jr..(Heystek, Amanda)
January 28, 2025 Filing 19 ANSWER and affirmative defenses to #1 Complaint, with Jury Demand by Burgess Civil, LLC.(Green, Matthew)
January 22, 2025 Opinion or Order Filing 18 ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 1/22/2025. (MEJ)
January 22, 2025 Opinion or Order Filing 17 ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order Doc. #16, 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 1/22/2025. (MEJ)
January 22, 2025 Opinion or Order Filing 16 CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 2/12/2026 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the March 2026 Trial Term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 9/12/2025. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/22/2025. (MEJ)
January 8, 2025 Filing 15 CASE MANAGEMENT REPORT. (Heystek, Amanda)
December 20, 2024 Opinion or Order Filing 14 ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 10, 2025, file a completed uniform 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 12/20/2024. (MG)
December 20, 2024 Filing 13 NOTICE TO COUNSEL Bryan A. Maroto of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (BD)
December 19, 2024 Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Burgess Civil, LLC. (Green, Matthew)
December 19, 2024 Filing 11 NOTICE of Lead Counsel Designation by Matthew Alexander Green on behalf of Burgess Civil, LLC. Lead Counsel: Matthew A. Green. (Green, Matthew)
December 19, 2024 Filing 10 WAIVER of service returned executed on 12/19/2024 by Everette Lively, Jr. as to Burgess Civil, LLC. (Heystek, Amanda)
December 18, 2024 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Everette Lively, Jr.. Related case(s): Yes (Heystek, Amanda)
December 18, 2024 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Everette Lively, Jr.. (Heystek, Amanda)
December 17, 2024 Filing 7 NOTICE of Local Rule 1.07(c), which requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. (Signed by Deputy Clerk). (MEJ)
December 17, 2024 Filing 6 NOTICE of Local Rule 3.03, which 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). (MEJ)
December 17, 2024 Filing 5 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)
December 16, 2024 Filing 4 NOTICE of Lead Counsel Designation by Amanda E. Heystek on behalf of Everette Lively, Jr.. Lead Counsel: Amanda Heystek. (Heystek, Amanda)
December 16, 2024 Filing 3 SUMMONS issued as to Burgess Civil, LLC. (EVK)
December 16, 2024 Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Lindsay S. Griffin. New case number: 8:24-cv-2894-VMC-LSG. (AA)
December 16, 2024 Filing 1 COMPLAINT against Burgess Civil, LLC with Jury Demand (Filing fee $405 receipt number AFLMDC-22823626) filed by Everette Lively, Jr. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Heystek, Amanda) Modified on 12/16/2024 (AA).

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Defendant: Burgess Civil, LLC
Represented By: Bryan Austin Maroto
Represented By: Matthew Alexander Green
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Plaintiff: Everette Lively, Jr.
Represented By: Nikole Miller
Represented By: Amanda E. Heystek
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Pretrial services: Carlos Burruezo
Represented By: Carlos J. Burruezo
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