FLOYD et al v. BIG LOTS STORES LLC
Plaintiff: Samuel Floyd, Southern Oak Insurance Company a/s/o Samuel Floyd and SOUTHERN OAK INSURANCE COMPANY
Defendant: Big Lots Stores, LLC and BIG LOTS STORES LLC
Case Number: 3:2023cv24721
Filed: November 22, 2023
Court: US District Court for the Northern District of Florida
Presiding Judge: ZACHARY C BOLITHO
Referring Judge: T KENT WETHERELL
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2024 Set Deadlines re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Internal deadline for referral to judge if response not filed earlier: 1/24/2024). (mb)
January 10, 2024 Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BIG LOTS STORES LLC. (JANOUSEK, JOHN)
December 27, 2023 Opinion or Order Filing 11 ORDER re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The motion to dismiss the original complaint (Doc. #3 ) is DENIED as moot. Defendant shall have 14 days from the date of this Order to answer or otherwise respond to the amended complaint. See Fed. R. Civ. P. 15(a)(3). (Answer due by 1/10/2024.) Signed by JUDGE T KENT WETHERELL II on 12/27/2023. (mb)
December 26, 2023 Filing 10 FIRST AMENDED COMPLAINT against BIG LOTS STORES LLC, filed by SAMUEL FLOYD, SOUTHERN OAK INSURANCE COMPANY. (GEORGE, CHRISTOPHER)
December 13, 2023 Opinion or Order Filing 9 FINAL SCHEDULING ORDER re #8 Joint REPORT. (Discovery due by 12/6/2024. The deadline for filing potentially Dispositive Motions, as well as daubert motions, to be filed by 1/3/2025. Mediation to take place by 12/20/2024. Mediation Report due by 12/27/2024.) Signed by JUDGE T KENT WETHERELL II on 12/13/2023. (mb)
December 12, 2023 Filing 8 REPORT of Rule 26(f) Planning Meeting. (JANOUSEK, JOHN)
December 12, 2023 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #8 Report of Rule 26(f) Planning Meeting (djb)
December 11, 2023 Filing 7 Corporate Disclosure Statement/Certificate of Interested Persons by BIG LOTS STORES LLC identifying Other Affiliate Big Lots, Inc. for BIG LOTS STORES LLC.. (JANOUSEK, JOHN)
December 11, 2023 Filing 6 Corporate Disclosure Statement/Certificate of Interested Persons by SOUTHERN OAK INSURANCE COMPANY. (GEORGE, CHRISTOPHER)
December 8, 2023 Opinion or Order Filing 5 ORDER GRANTING EXTENSION OF TIME: Upon due consideration of Plaintiffs' unopposed motion for extension of time (Doc. #4 ), it is ORDERED that the motion is GRANTED, and Plaintiffs shall have until 12/27/2023, to file a response in opposition to Defendant's motion to dismiss or an amended complaint. Signed by JUDGE T KENT WETHERELL II on 12/8/2023. (jcw)
December 8, 2023 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #4 MOTION for Extension of Time. (jcw)
December 7, 2023 Filing 4 MOTION for Extension of Time to File Response/Reply by SAMUEL FLOYD, SOUTHERN OAK INSURANCE COMPANY. (GEORGE, CHRISTOPHER)
November 29, 2023 Set Deadlines re #3 MOTION to Dismiss for Failure to State a Claim. (Internal deadline for referral to judge if response not filed earlier: 12/13/2023). (mb)
November 29, 2023 Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Incorporated Memorandum of Law by BIG LOTS STORES LLC. (JANOUSEK, JOHN)
November 27, 2023 Opinion or Order Filing 2 INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 12/11/2023. Rule 26 Meeting Report due by 1/10/2024. Discovery due by 3/26/2024. Signed by JUDGE T KENT WETHERELL II on 11/27/2023. (jcw)
November 27, 2023 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Notice of Removal - See proposed ISO. (jcw)
November 22, 2023 Filing 1 NOTICE OF REMOVAL by Big Lots Stores, LLC from Circuit Court First Judicial Circuit Escambia County Florida, case number 2023-CA-002665. ( Filing fee $ 402 receipt number AFLNDC-8380335.), filed by Big Lots Stores, LLC. (Attachments: #1 Exhibit Complaint, #2 Exhibit State Court Docket, #3 Exhibit All Other State Court Filings, #4 Exhibit Southern Oak Citizenship Doc, #5 Exhibit Affidavit for Big Lots, #6 Exhibit Demand Letter, #7 Civil Cover Sheet) (JANOUSEK, JOHN)

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Plaintiff: Samuel Floyd
Represented By: CHRISTOPHER LEE GEORGE
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Plaintiff: Southern Oak Insurance Company a/s/o Samuel Floyd
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Plaintiff: SOUTHERN OAK INSURANCE COMPANY
Represented By: CHRISTOPHER LEE GEORGE
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Defendant: Big Lots Stores, LLC
Represented By: JOHN M JANOUSEK
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Defendant: BIG LOTS STORES LLC
Represented By: JOHN M JANOUSEK
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