Green et al v. Restaurant Technologies, Inc.
| Clifton G Green and Tina Green |
| Restaurant Technologies, Inc. |
| Carlos J. Burruezo |
| 8:2026cv01613 |
| May 29, 2026 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Lindsay S Griffin |
| Civil Rights: Americans with Disabilities - Employment |
| Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2026. A more recent docket listing may be available from PACER.
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| Filing 25 MOTION to Dismiss for Failure to State a Claim by Restaurant Technologies, Inc. (Mason, W) Modified text on 7/13/2026 (CTR). |
Filing 24
ENDORSED ORDER granting the unopposed motions to appear pro hac vice. Docs. #22, #23. Attorney Gray Mateo-Harris and Erin S. Johnson must submit a "Pro Hac Vice E-File Registration" through PACER. As explained in the Court's Administrative Procedures for Electronic Filing, failure to register for CM/ECF may result in the lawyer's termination from the docket, the lawyer's not receiving a copy of papers filed in the case, or the dismissal of the action. Signed by Magistrate Judge Lindsay S. Griffin on 7/10/2026. (ML)
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| Filing 23 Unopposed MOTION for Erin S. Johnson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25232139 for $150 by Restaurant Technologies, Inc. (Mason, W) Motions referred to Magistrate Judge Lindsay S. Griffin. Modified on 7/10/2026 to edit text. (JVC) |
| Filing 22 Unopposed MOTION for Gray Mateo-Harris to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-25232089 for $150 by Restaurant Technologies, Inc. (Mason, W) Motions referred to Magistrate Judge Lindsay S. Griffin. Modified on 7/10/2026 to edit text. (JVC) |
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Filing 21
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 7/6/2026. (GSO)
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Filing 20
ENDORSED ORDER: In light of the Court's #19 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 7/6/2026. (GSO)
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Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by February 25, 2027. Dispositive motions due by April 30, 2027. Pretrial Conference scheduled for September 16, 2027, at 9:00 AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Jury Trial scheduled for October 4, 2027, at 9:00 AM in Tampa Courtroom 14B before Judge Virginia M. Hernandez Covington. Conduct mediation by February 24, 2027. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 7/6/2026. (GSO)
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Filing 18
ENDORSED ORDER: On June 5, 2026, Defendant filed its motion to dismiss the complaint pursuant to Rule 12(b)(6). (Doc. #7). On June 26, 2026, Plaintiffs filed an amended complaint. (Doc. #16). In light of Plaintiffs' amended complaint, Defendant's motion to dismiss (Doc. #7) is denied as moot. Signed by Judge Virginia M. Hernandez Covington on 6/29/2026. (ATI)
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| Filing 17 CASE MANAGEMENT REPORT. (Wiggs, Scott) |
| Filing 16 FIRST AMENDED COMPLAINT document by Clifton G Green, Tina Green. Amended Complaint. (Wiggs, Scott) Modified text on 6/29/2026 (AA). |
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Filing 15
ENDORSED ORDER: On June 11, 2026, the parties were directed to file a completed uniform Case Management Report by June 25, 2026. (Doc. # 11). However, no Case Management Report has been filed. Accordingly, the parties are directed to file the Case Management Report no later than June 29, 2026. Signed by Judge Virginia M. Hernandez Covington on 6/26/2026. (ATI)
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| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Clifton G Green, Tina Green. (Wiggs, Scott) |
| Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Clifton G Green, Tina Green. Related case(s): Yes (Wiggs, Scott) |
| Filing 12 NOTICE by Restaurant Technologies, Inc. re #7 MOTION to Dismiss for Failure to State a Claim of Local Rule 3.01(g) Supplemental Certification (Mason, W) |
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Filing 11
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by June 25, 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 6/11/2026. (ATI)
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Filing 10
ORDER: Count VII of the complaint, the FWCA retaliation claim, is severed and remanded to state court for lack of subject-matter jurisdiction. But all other counts of the complaint will remain in this Court and the case remains open as to those claims. The Clerk is directed to remand the FWCA claim accordingly. Signed by Judge Virginia M. Hernandez Covington on 6/11/2026. (ATI)
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| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Restaurant Technologies, Inc. Related case(s): Yes (Mason, W) Modified on 6/10/2026 to edit docket text. (AR) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re 5 Order filed by Restaurant Technologies, Inc.. (Mason, W) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim by Restaurant Technologies, Inc.. (Mason, W) |
| Filing 6 NOTICE of Local Rule 1.07(c). -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. (Signed by Deputy Clerk). (GSO) |
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Filing 5
ENDORSED ORDER: "Federal law prohibits the removal of certain types of actions by designating them as non-removable." Avery v. Wawa, Inc., No. 8:18-cv-403-VMC-TGW, 2018 WL 1008443, at *1 (M.D. Fla. Feb. 22, 2018) (citing 28 U.S.C. 1445). In particular, civil actions brought in state court "arising under the workmen's compensation laws of such State may not be removed to any district court of the United States." 28 U.S.C. 1445(c). "The Eleventh Circuit has held that retaliation claims brought under Chapter 440.205 of Florida's Workers' Compensation laws fall within the ambit of 28 U.S.C. 1445(c) and that such removed claims must be remanded for lack of subject matter jurisdiction." Avery, 2018 WL 1008443, at *1; see also Reed v. Heil Co., 206 F.3d 1055, 1061 (11th Cir. 2000) (remanding Alabama workers' compensation retaliation claim for lack of subject matter jurisdiction pursuant to 28 U.S.C. 1445(c)); Alansari v. Tropic Star Seafood, Inc., 388 Fed. Appx. 902, 905 (11th Cir. 2010) ("[B]ecause the district court lacked subject-matter jurisdiction over Alansari's [Florida] state workers' compensation retaliation claim, we conclude that it erred in refusing to remand the claim to state court."). Here, the complaint contains a Florida Workers' Compensation Act retaliation claim (Count VII) that is non-removable, along with otherwise removable claims under Title VII, the ADA, the FMLA, and Florida law. (Doc. # [1-1]). Yet, Defendant has removed the case. (Doc. #1). Accordingly, Defendant is directed to show cause by June 9, 2026, why this case--or at least the retaliation claim-- should not be remanded to state court. Defendant must address whether the entire case should be remanded or whether the retaliation claim should be severed and remanded alone. Signed by Judge Virginia M. Hernandez Covington on 6/2/2026. (ATI)
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| Filing 4 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Restaurant Technologies, Inc.. (Mason, W) |
| Filing 3 NOTICE TO COUNSEL Scott Braxton Wiggs 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). (LNR) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Lindsay S. Griffin. New case number: 8:26-cv-01613-VMC-LSG. (LNR) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the Thirteenth Judicial Circuit, Hillsborough County, case number 26-CA-004713 filed in State Court on 04/28/2026. Filing fee $405, receipt number AFLMDC-25034063 filed by Restaurant Technologies, Inc.(Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Mason, W) Modified text on 6/1/2026 (LNR). |
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