Rodriguez v. Five Below, Inc., et al
| Joey Rodriguez |
| Five Below, Inc. and Jane Doe |
| 8:2026cv01373 |
| May 7, 2026 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| John L Badalamenti |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on July 7, 2026. A more recent docket listing may be available from PACER.
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| Filing 17 REPORT AND RECOMMENDATION re #15 Motion to Remand to State Court, recommending that the case be remanded but that Plaintiff's request for removal costs and expenses be denied. Signed by Magistrate Judge Natalie Hirt Adams on 6/22/2026. (CJF) |
| Filing 16 RESPONSE in Opposition re #15 MOTION to Remand to State Court filed by Five Below, Inc. (Oltchick, Brian) Modified text on 6/3/2026 (CTR). |
| Filing 15 MOTION to Remand to State Court by Joey Rodriguez. (Attachments: #1 Exhibit Plaintiff's Initial Disclosures in State Court)(Mincone, Matthew) Motions referred to Magistrate Judge Natalie Hirt Adams. |
Filing 14
ENDORSED ORDER denying without prejudice #13 motion to remand. The motion fails to comply with Local Rule 1.08 and to contain all information required by Local Rule 3.01(g). Signed by Magistrate Judge Natalie Hirt Adams on 5/19/2026. (CJF)
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| Filing 13 MOTION to Remand to State Court by Joey Rodriguez. (Mincone, Matthew) Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 12 NOTICE of Appearance by Matthew J. Mincone on behalf of Joey Rodriguez (Mincone, Matthew) |
| Filing 11 NOTICE of Withdrawal of Lead Counsel Designation by Joey Rodriguez. (Leveille, Keven) Modified on 5/11/2026 to edit the docket text (MLB). |
| Filing 10 NOTICE of Lead Counsel Designation by Keven Leveille on behalf of Joey Rodriguez. Lead Counsel: Keven Leveille, Esq. (Leveille, Keven) Modified on 5/11/2026 to edit the docket text (MLB). |
| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Five Below, Inc.. (Oltchick, Brian) |
| Filing 8 NOTICE of Lead Counsel Designation by Brian A. Oltchick on behalf of Five Below, Inc. Lead Counsel: Brian A. Oltchick. (Oltchick, Brian) Modified on 5/11/2026 to edit the docket text (MLB). |
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Filing 7
CIVIL Action Order. Signed by Judge John L. Badalamenti on 5/8/2026. (BGS)
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| Filing 6 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 5 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 4 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Natalie Hirt Adams. New case number: 8:26-cv-1373-JLB-NHA. (CTR) |
| Filing 3 NOTICE TO COUNSEL Keven Leveille of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (CTR) |
| Filing 2 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (CTR) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL Filing fee $405, receipt number AFLMDC-24918621 filed by Five Below, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet, #7 State Court Docket Sheet, #8 State Court COMPLAINT, #9 State Court ANSWER, #10 State Court Other Documents)(Sierra Navarro, Gisselle) Modified text on 5/8/2026 (CTR). |
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