ELLIS v. PILOT TRAVEL CENTERS LLC
| SYLVIA ELLIS |
| PILOT TRAVEL CENTERS LLC and PILOT TRAVEL CENTERS LLC doing business as FLYING J INC |
| 4:2019cv00219 |
| May 13, 2019 |
| US District Court for the Northern District of Florida |
| CHARLES A STAMPELOS |
| MARK E WALKER |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.
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| Set Discovery Status Report Deadline - Status Report due by 8/12/2019. (cle) |
| Filing 31 STATUS REPORT Second Joint Status Report by SYLVIA ELLIS. (HEVIA, ANTHONY) |
| Filing 30 NOTICE of Appearance by KAI P THOMPSON on behalf of SYLVIA ELLIS (THOMPSON, KAI) |
| Filing 29 RULE 26 Disclosures by PILOT TRAVEL CENTERS LLC. (MASSON, ALEC) |
Filing 28
SCHEDULING AND MEDIATION ORDER - re: #27 Report of Rule 26(f) Planning Meeting. Discovery due by 11/14/2019. Dispositive Motions to be filed by 12/5/2019. Jury Trial set for 4/20/2020 at 8:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Case referred to mediation. Mediation Report due by 12/26/2019. Signed by CHIEF JUDGE MARK E WALKER on 6/27/2019. (cle)
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| Filing 27 REPORT of Rule 26(f) Planning Meeting. (HEVIA, ANTHONY) (Additional attachment(s) added on 6/26/2019: #1 Scheduling Report) (cle). |
| Set Discovery Status Report Deadline - Status Report due by 7/17/2019. (cle) |
| Filing 26 STATUS REPORT (Joint) by SYLVIA ELLIS. (HEVIA, ANTHONY) |
| Filing 25 AMENDED ANSWER to Defendant's Amended Answer, Affirmative Defenses, and Demand for Jury Trial to Plaintiff's Complaint by PILOT TRAVEL CENTERS LLC. (MASSON, ALEC) |
| Filing 24 Corporate Disclosure Statement/Certificate of Interested Persons by SYLVIA ELLIS identifying Other Affiliate Luks, Santaniello, Petrillo, Gold and Jones, Other Affiliate MEDICARE SECONDARY PAYER RECOVERY CONTRACTOR (MSPRC), Other Affiliate PILOT FLYING J, Other Affiliate Vargas Gonzalez Hevia Baldwin LLP for SYLVIA ELLIS.. (HEVIA, ANTHONY) |
| Filing 23 Corporate Disclosure Statement/Certificate of Interested Persons by PILOT TRAVEL CENTERS LLC. (MASSON, ALEC) |
| Filing 22 Defendant's ANSWER to Complaint , Affirmative Defenses, and Demand for Jury Trial by PILOT TRAVEL CENTERS LLC. (MASSON, ALEC) |
| Filing 21 NOTICE of Appearance by ALEC G MASSON on behalf of PILOT TRAVEL CENTERS LLC (MASSON, ALEC) |
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Filing 20
ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW. This Court has considered, without hearing, Attorney Matthew L. Baldwin's Unopposed Motion to Withdraw. ECF No. #19 . That motion is GRANTED. The Clerk shall disconnect Mr. Baldwin. Plaintiff shall continue to be represented by Anthony C. Hevia who should be connected on CMECF as counsel of record. Signed by CHIEF JUDGE MARK E WALKER on 5/23/2019. (kjw) Attorney MATTHEW L BALDWIN terminated.
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| Filing 19 MOTION to Withdraw as Attorney Of Record (Unopposed) by SYLVIA ELLIS. (BALDWIN, MATTHEW) |
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Filing 18
INITIAL SCHEDULING ORDER - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/29/2019. Discovery Status Report due by 6/14/2019. Rule 26 Meeting Report due by 6/28/2019. Discovery due by 9/10/2019. Signed by CHIEF JUDGE MARK E WALKER on 5/15/2019. (cle)
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| Filing 17 Case transferred in from Middle District of Florida. Case Number 8:19-cv-00973. Original file with documents numbered 1-16 received. (cle) (Additional attachment(s) added on 5/13/2019: #2 Email) (cle). |
| ACTION NO LONGER REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #1 COMPLAINT and NOTICE of Removal. (cle) Modified on 5/13/2019 - Both parties are represented in this case. (cle) |
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Filing 16
ENDORSED ORDER: The parties have sent a proposed order to chambers email which the Court interprets to mean that the plaintiff is in agreement that this case should be transferred to the Northern District of Florida. Because venue does lie in that District--the accident occurred there--it is appropriate that this case be transferred. The Court denies the motion to dismiss and grants the motion to transfer venue. The Clerk is directed to transfer this case to the Northern District of Florida and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 5/9/2019. (Covington, Virginia) [Transferred from Florida Middle on 5/13/2019.]
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Filing 15
ENDORSED ORDER: By May 14, 2019, plaintiff shall show cause why this matter should not be transferred to the Northern District of Florida. The Court notes that there is a pending motion to dismiss or to transfer venue to the Northern District, but the plaintiff has failed to respond. While the Court would be well within its rights to grant the request as unopposed, in an abundance of fairness to the plaintiff, the Court gives the plaintiff this opportunity to be heard. Signed by Judge Virginia M. Hernandez Covington on 5/9/2019. (Covington, Virginia) [Transferred from Florida Middle on 5/13/2019.]
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| Filing 14 CASE MANAGEMENT REPORT. (Paleschic, Dale) [Transferred from Florida Middle on 5/13/2019.] |
| Filing 13 NOTICE of pendency of related cases Sylvia Ellis vs. Pilot Travel Centers, LLC, d/b/a Flying J, Case No.: 2019 CA 001699 per Local Rule 1.04(d) by Sylvia Ellis. Related case(s): yes (Baldwin, Matthew) [Transferred from Florida Middle on 5/13/2019.] |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Sylvia Ellis identifying Other Affiliate Luks Santaniello Petrillo & Jones, Other Affiliate Medicare, Other Affiliate Vargas Gonzalez Hevia Baldwin, Other Affiliate Matthew L. Baldwin, Other Affiliate PILOT TRAVEL CENTERS, LLC d/b/a FLYING J, Other Affiliate SYLVIA ELLIS, Other Affiliate Alec Masson, Other Affiliate Dale Paleschic for Sylvia Ellis. (Baldwin, Matthew) [Transferred from Florida Middle on 5/13/2019.] |
| Filing 11 CASE MANAGEMENT REPORT. (Paleschic, Dale) [Transferred from Florida Middle on 5/13/2019.] |
| Filing 10 CORPORATE Disclosure Statement by Pilot Travel Center, LLC. (Paleschic, Dale) [Transferred from Florida Middle on 5/13/2019.] |
| Filing 9 NOTICE of pendency of related cases Defendant Pilot Travel Center, LLC, d/b/a Flying J's Notice of Pendency of Other Actions per Local Rule 1.04(d) by Pilot Travel Center, LLC. Related case(s): Yes (Paleschic, Dale) [Transferred from Florida Middle on 5/13/2019.] |
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Filing 8
ORDER TO SHOW CAUSE: This matter comes before the Court sua sponte. Anthony Hevia is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). Counsel has until May 21, 2019, to comply with this Order. Failure to do so will result in counsel's appearance being stricken from the record without further notice from the Court. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by May 21, 2019. Signed by Judge Virginia M. Hernandez Covington on 4/3/2019. (TWL) [Transferred from Florida Middle on 5/13/2019.]
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| Filing 7 NOTICE of Appearance by Matthew Lee Baldwin on behalf of Sylvia Ellis (Baldwin, Matthew) [Transferred from Florida Middle on 5/13/2019.] |
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Filing 6
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by May 10, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time 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. The Court will then 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 4/26/2019. (DLB) [Transferred from Florida Middle on 5/13/2019.]
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 4/24/2019. (TWL) [Transferred from Florida Middle on 5/13/2019.]
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| Filing 4 NOTICE by Pilot Travel Center, LLC re #1 Notice of Removal, 3 Notice (Other) Notice of Filing Civil Cover Sheet (Masson, Alec) [Transferred from Florida Middle on 5/13/2019.] |
| Filing 3 NOTICE to counsel of Local Rule 1.05 (e): The Clerk is authorized and directed to require a complete and executed AO Form JS44, Civil Cover Sheet, which shall accompany each civil case as a condition to the filing thereof. State and federal prisoners, and other persons filing civil cases pro se are exempt from the requirements of this subsection. (BES) [Transferred from Florida Middle on 5/13/2019.] |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Christopher P. Tuite. New case number: 8:19-cv-973-T-33CPT. (SJB) [Transferred from Florida Middle on 5/13/2019.] |
| Filing 1 COMPLAINT and NOTICE of Removal Defendant's Notice of Removal and Motion to Dismiss for Improper Venue and/or Motion for Change of Venue from Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, case number 2019-CA-001699 filed in State Court on 02/15/2019. Filing fee $ 400, receipt number 113A-15386367 filed by All Defendants. (Attachments: #1 Exhibit Composite Ex. A - State Court Papers, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Paleschic, Dale) Modified on 4/24/2019 (BES). [Transferred from Florida Middle on 5/13/2019.] |
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