Tucker v. McLane Foodservice Distribution, Inc
| James Tucker |
| McLane Foodservice Distribution, Inc |
| Scott Callen |
| 8:2026cv01650 |
| June 3, 2026 |
| U.S. District Court for the Middle District of Florida |
| John L Badalamenti |
| Sean P Flynn |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2601 Family Medical Leave Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2026. A more recent docket listing may be available from PACER.
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| Filing 25 Case Reassigned to Magistrate Judge Sean P. Flynn. New case number: 8:26-cv-01650-JLB-SPF. Magistrate Judge Christopher P. Tuite no longer assigned to the case. (SET) |
Filing 24
ORDER of recusal. The Clerk of Court is directed to reassign this case to another magistrate judge by random draw and to provide notice to the parties of the newly designated magistrate judge. Signed by Magistrate Judge Christopher P. Tuite on 7/27/2026. (EE)
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| Filing 23 AMENDED COMPLAINT - SECOND against McLane Foodservice Distribution, Inc with Jury Demand. filed by James Tucker. Related document: #13 Amended Complaint filed by James Tucker.(Chanfrau, Kelly) |
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Filing 22
ENDORSED ORDER granting #20 Plaintiff's Motion to Amend Complaint. Accordingly, no later than July 29, 2026, Plaintiff shall file his Second Amended Complaint. Signed by Magistrate Judge Christopher P. Tuite on 7/22/2026. (EE)
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| Filing 21 RESPONSE in Opposition re #14 MOTION to Dismiss for Failure to State a Claim (Defendant's Motion to Dismiss Counts I and III of Plaintiff's Amended Complaint) filed by James Tucker. (Chanfrau, Kelly) |
| Filing 20 MOTION to Amend Complaint by James Tucker. (Chanfrau, Kelly) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/28/2026, Joinder of Parties due by 8/28/2026, Discovery due by 12/10/2027, Dispositive motions due by 1/7/2028, Pretrial statement due by 5/22/2028, All other motions due by 5/10/2028, Plaintiff disclosure of expert report due by 9/10/2027, Defendant disclosure of expert report due by 10/8/2027, Final Pretrial Conference set for 5/26/2028 at 01:30 PM in Zoom Video Conference before Judge John L. Badalamenti, Jury Trial set for term commencing 6/5/2028 in Tampa Courtroom 9 B before Judge John L. Badalamenti, Conduct mediation hearing by 2/25/2028. Lead counsel to coordinate dates. Signed by Judge John L. Badalamenti on 7/14/2026. (BGS)
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| Filing 18 CASE MANAGEMENT REPORT. (Chanfrau, Kelly) |
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Filing 17
ENDORSED ORDER granting #16 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Accordingly, no later than July 21, 2026, Plaintiff shall file his response to Defendant's motion. Signed by Magistrate Judge Christopher P. Tuite on 7/9/2026. (EE)
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| Filing 16 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss Counts I and III of Plaintiff's Amended Complaint by James Tucker. (Chanfrau, Kelly) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 15 SUPPLEMENT re #14 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss Counts I and III of Plaintiff's Amended Complaint Defendant's Supplemental Local Rule 3.01(g) Certification by McLane Foodservice Distribution, Inc. (Owens, Brett) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim Defendant's Motion to Dismiss Counts I and III of Plaintiff's Amended Complaint by McLane Foodservice Distribution, Inc. (Owens, Brett) |
| Filing 13 AMENDED COMPLAINT against McLane Foodservice Distribution, Inc with Jury Demand. filed by James Tucker.(Chanfrau, Kelly) |
| Filing 12 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by McLane Foodservice Distribution, Inc identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent McLane Company Inc. for McLane Foodservice Distribution, Inc. (Owens, Brett) Modified text on 6/8/2026 (LAW). |
| Filing 11 NOTICE of a related action per Local Rule 1.07(c) by McLane Foodservice Distribution, Inc. Related case(s): No (Owens, Brett) |
| Filing 10 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by James Tucker. (Chanfrau, Kelly) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by James Tucker. Related case(s): Yes (Chanfrau, Kelly) |
| Filing 8 NOTICE of Lead Counsel Designation by Kelly Hagan Chanfrau on behalf of James Tucker. Lead Counsel: Kelly H. Chanfrau, Esq. (Chanfrau, Kelly) Modified on 6/8/2026 to edit the docket text (MLB). |
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Filing 7
CIVIL Action Order. Signed by Judge John L. Badalamenti on 6/5/2026. (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 NOTICE of Lead Counsel Designation by Brett Purcell Owens on behalf of McLane Foodservice Distribution, Inc. Lead Counsel: Brett P. Owens. (Owens, Brett) |
| Filing 3 NOTICE TO COUNSEL Brett Purcell Owens 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). (LD) |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Christopher P. Tuite. New case number: 8:26-cv-01650-JLB-CPT. (LD) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Polk County Circuit Court, case number 26CA002162A000BA filed in State Court on April 28, 2026. Filing fee $405, receipt number AFLMDC-25055055 filed by McLane Foodservice Distribution, Inc. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet #3 State Court Other Documents #4 Exhibit A - State Notice of Filing Notice of Removal, #5 Civil Cover Sheet)(Owens, Brett) Modified on 6/4/2026 to remove duplicate text. (LD). |
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