Shumake et al v. Sam's East, Inc.
| Lisa Shumake and Albert Shumake |
| Sam's East, Inc. doing business as Sam's Club #4801 |
| Bryan W. Reynolds |
| 8:2026cv00853 |
| March 27, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Amanda Arnold Sansone |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on May 15, 2026. A more recent docket listing may be available from PACER.
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Filing 30
ENDORSED ORDER: The Court strikes the notice of voluntary dismissal of Plaintiff Albert Shumake's loss of consortium claim under Federal Rule of Civil Procedure 41(a)(1)(A)(i). (Doc. #29). A plaintiff may only "dismiss an action without a court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). Here, Defendant Sam's East, Inc. has already filed its answer. (Doc. # 1-6). Accordingly, voluntary dismissal under Rule 41(a)(1)(A)(i) is unavailable. If Plaintiffs wish to drop this claim, Plaintiffs should file a motion to amend the complaint under Rule 15, seeking leave to file an amended complaint that does not include the loss of consortium claim. Signed by Judge Virginia M. Hernandez Covington on 5/15/2026. (DMD)
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| Filing 29 **STRICKEN per Order No. 30.** NOTICE by Albert Shumake, Lisa Shumake of Voluntary Dismissal of Plaintiff, Albert Shumake's, Loss of Consortium Claim (Boyd, Christopher) Modified on 5/18/2026 as to docket text (LJC). |
| Filing 28 NOTICE of compliance with Rule 26(A)(1) Initial Disclosure by Albert Shumake, Lisa Shumake (Boyd, Christopher) |
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Filing 27
ORDER appointing Bryan Reynolds as mediator in this action. The mediation conference is scheduled for October 6, 2026, at 1:00 P.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 5/1/2026. (DMD)
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| Filing 26 NOTICE by Albert Shumake, Lisa Shumake (Boyd, Christopher) |
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Filing 25
ENDORSED ORDER: The Court appreciates the timely filing of the notice of mediation. (Doc. #24). However, the notice indicates that the mediation will take place remotely via Zoom. The Court does not allow mediation by telephone or video conference. See (Doc. #21 at 9). Personal attendance is required. The Court imposes this requirement because it firmly believes that in-person mediations are more productive than video mediations. In-person mediations are appropriate absent truly exigent circumstances, such as serious health concerns of the parties. Accordingly, the Court strikes the notice of mediation. (Doc. #24). Plaintiff is directed to file an amended notice of mediation that schedules an in-person mediation by May 7, 2026. Signed by Judge Virginia M. Hernandez Covington on 4/30/2026. (DMD)
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| Filing 24 ***STRICKEN per Order 25*** NOTICE of mediation conference/hearing to be held on 10/06/26 at 1:00 p.m. before Bryan Reynolds. (Tanner, Madison) Modified text on 5/1/2026 (AM). |
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Filing 23
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 4/23/2026. (GSO)
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Filing 22
ENDORSED ORDER: In light of the Court's #21 Case Management and Scheduling Order, 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 4/23/2026. (GSO)
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Filing 21
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by December 11, 2026. Dispositive motions due by January 11, 2027. Pretrial Conference scheduled for May 13, 2027, at 9:00 AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Jury Trial scheduled for the June 2027 trial calendar in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Conduct mediation by December 18, 2026. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 4/23/2026. (GSO)
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Filing 20
ENDORSED ORDER granting Defendant Lee Gallager's unopposed amended motion to dismiss Counts II and IV of the complaint (Doc. #19) and denying as moot the original motion to dismiss. (Doc. #10). As the parties agree, the claims against Defendant Gallager, Counts II and IV, are dismissed. The Clerk is directed to terminate Defendant Gallager as a party to this action. The case remains pending as to the claims against Defendant Sam's East, Inc. Signed by Judge Virginia M. Hernandez Covington on 4/15/2026. (DMD)
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| Filing 19 Unopposed MOTION to Amend Motion to Dismiss Plaintiffs' Complaint by Lee Gallager. (Tanner, Madison) |
| Filing 18 CASE MANAGEMENT REPORT. (Boyd, Christopher) |
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Filing 17
ENDORSED ORDER: On March 27, 2026, the Court ordered the parties to meet and confer, in person or by telephone, and by April 10, 2026, file a completed uniform Case Management Report. (Doc. # 5). That deadline has passed, but no Case Management Report has been filed. Accordingly, Plaintiff is directed to file the completed Case Management Report by April 17, 2026. Signed by Judge Virginia M. Hernandez Covington on 4/13/2026. (DMD)
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| Filing 16 SUPPLEMENT re #10 MOTION to Dismiss Counts II and IV of Plaintiffs' Complaint by Lee Gallager. (Tanner, Madison) |
| Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Albert Shumake, Lisa Shumake. (Boyd, Christopher) |
| Filing 14 NOTICE of Lead Counsel Designation by Christopher A. Boyd on behalf of Albert Shumake, Lisa Shumake. Lead Counsel: Christopher A. Boyd. (Boyd, Christopher) |
| Filing 13 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Albert Shumake, Lisa Shumake. (Boyd, Christopher) |
| Filing 12 NOTICE of a related action per Local Rule 1.07(c) by Albert Shumake, Lisa Shumake. Related case(s): Yes (Boyd, Christopher) |
| Filing 11 COUNSEL NOTIFIED TO REFILE NOTICE of Lead Counsel Designation by Christopher A. Boyd on behalf of Albert Shumake, Lisa Shumake. Lead Counsel: Christopher A. Boyd. (Boyd, Christopher) Modified on 3/31/2026 as to docket text (ARL). |
| Filing 10 MOTION to Dismiss Counts II and IV of Plaintiffs' Complaint by Lee Gallager. (Tanner, Madison) |
| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Sam's East, Inc. (Sharkey Ross, Amanda) Modified text on 3/31/2026 (AW). |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Sam's East, Inc. Related case(s): No (Sharkey Ross, Amanda) Modified text on 3/31/2026 (AW). |
| 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). (CAB) |
| 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 file promptly a Notice of a Related Action identifying and describing any related action either pending or closed 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). (CAB) |
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Filing 5
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by April 10, 2026, 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 3/27/2026. (DMD)
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| Filing 4 NOTICE of Lead Counsel Designation by Amanda J. Sharkey Ross on behalf of Sam's East, Inc. d/b/a Sam's Club #4801. Lead Counsel: Amanda J. Sharkey Ross. (Sharkey Ross, Amanda) |
| Filing 3 NOTICE of Appearance by Madison Allen Tanner on behalf of Sam's East, Inc. d/b/a Sam's Club #4801 (Tanner, Madison) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Amanda Arnold Sansone. New case number: 8:26-cv-853-VMC-AAS. (RPB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Clerk of Court, case number 26-CA-959 filed in State Court on 01/27/26. Filing fee $405, receipt number AFLMDC-24680952 filed by Sam's East, Inc. (Attachments: #1 Exh. A - State Court COMPLAINT, #2 Exh. B - State Court Other Documents, #3 Exh. C - Customer Incident Report and Witness Statement, #4 Exh. D - bill from AdventHealth Surgery Center, #5 Exh. E - Pltf's Initial Disclosures, #6 State Court ANSWER, #7 State Court Docket Sheet, #8 Civil Cover Sheet)(Sharkey Ross, Amanda) Modified on 3/30/2026 to edit docket text(JDR). |
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