Caviglia v. Cemex Construction Materials Florida LLC
| David Caviglia |
| Cemex Construction Materials Florida LLC |
| R. Scott Callen |
| 8:2026cv01164 |
| April 22, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Christopher P Tuite |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 21 AMENDED COMPLAINT against Cemex Construction Materials Florida LLC with Jury Demand. filed by David Caviglia. Related document: #1 Complaint filed by David Caviglia.(Cabassa, Luis) Modified text on 6/12/2026 (MCB). |
Filing 20
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 6/11/2026. (GSO)
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Filing 19
ENDORSED ORDER: In light of the Court's #18 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 6/11/2026. (GSO)
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Filing 18
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by January 11, 2027. Dispositive motions due by February 10, 2027. Pretrial Conference scheduled for June 17, 2027, at 9:00 AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Jury Trial scheduled for the July 2027 trial calendar in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Conduct mediation by January 18, 2027. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 6/11/2026. (GSO)
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| Filing 17 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Cemex Construction Materials Florida LLC identifying Corporate Parent Cemex, Inc., Corporate Parent Cemex Materials, LLC, Other Affiliate CEMEX S.A.B de C.V. for Cemex Construction Materials Florida LLC.. (Owens, Brett) |
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Filing 16
ENDORSED ORDER granting Defendant's second unopposed motion for extension of time to respond to the complaint. (Doc. #14). Response now due June 17, 2026. If Plaintiff intends to file an amended complaint, he should do so promptly. Signed by Judge Virginia M. Hernandez Covington on 6/10/2026. (DMD)
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| Filing 15 NOTICE of Lead Counsel Designation by Brett Purcell Owens on behalf of Cemex Construction Materials Florida LLC. Lead Counsel: Brett P. Owens. (Owens, Brett) |
| Filing 14 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Cemex Construction Materials Florida LLC. (Attachments: #1 Exhibit A - Email Correspondence, #2 Exhibit B - Email Correspondence)(Owens, Brett) Modified on 6/10/2026 as to docket text(ARL). |
| Filing 13 CASE MANAGEMENT REPORT. (Cabassa, Luis) |
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Filing 12
ENDORSED ORDER granting Defendant's unopposed motion for extension of time to respond to the complaint. (Doc. #11). Response now due June 9, 2026. Signed by Judge Virginia M. Hernandez Covington on 5/26/2026. (DMD)
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| Filing 11 Unopposed MOTION for Extension of Time to File Answer to Plaintiff's Complaint by Cemex Construction Materials Florida LLC. (Murphy, Shannon) Modified on 5/27/2026 to edit the docket text (MLB). |
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Filing 10
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 9, 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 5/6/2026. (DMD)
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| Filing 9 RETURN of service executed on May 5, 2026 by David Caviglia as to Cemex Construction Materials Florida LLC. (Cabassa, Luis) |
| 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). (BGS) |
| Filing 7 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). (BGS) |
| Filing 6 SUMMONS issued as to Cemex Construction Materials Florida LLC. (MCB) |
| Filing 5 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:26-cv-1164-WMC-CPT. (ARL) |
| Filing 4 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by David Caviglia. (Cabassa, Luis) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by David Caviglia. Related case(s): Yes (Cabassa, Luis) |
| Filing 2 NOTICE of Lead Counsel Designation by Luis A. Cabassa on behalf of David Caviglia. Lead Counsel: Luis A. Cabassa. (Cabassa, Luis) |
| Filing 1 COMPLAINT against Cemex Construction Materials Florida LLC with Jury Demand (Filing fee $405 receipt number AFLMDC-24831346) filed by David Caviglia. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Cabassa, Luis) Modified text on 4/23/2026 (MCB). |
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