Mosiejute v. Walmart Inc.
Plaintiff: ERIKA MOSIEJUTE
Defendant: WALMART INC. and Wal-Mart Stores East, LP
Case Number: 0:2019cv61046
Filed: April 25, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Rodolfo A Ruiz
2 Judge: Barry S Seltzer
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. § 2611
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 26, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 20, 2019 Filing 25 NOTICE of Striking #22 Notice of Entry of Parties Listed into CM/ECF, filed by Marlene Quintana by Erika Mosiejute (Storch, Noah)
June 20, 2019 Filing 24 Clerks Notice to Filer re #22 Notice of Entry of Parties Listed into CM/ECF,. Document and Event Selected Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the correct document. (ls)
June 19, 2019 Filing 23 Summons Issued as to Wal-Mart Stores East, LP. (lbc)
June 19, 2019 Filing 22 Notice of Entry of Parties Listed on 20 Clerks Notice of Docket Correction and Instruction to Filer - Attorney into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Marlene Quintana and Marlene Quintana.. Attorney Noah E Storch added to party Marlene Quintana(pty:med). (Storch, Noah)
June 19, 2019 Opinion or Order Filing 21 ORDER SCHEDULING MEDIATION before Marlene Quintana on September 26, 2019, at 10:00 a.m. Signed by Judge Rodolfo A Ruiz on 6/19/2019. See attached document for full details. (mhn)
June 19, 2019 Filing 20 Clerks Notice to Filer re #19 Notice of Mediator Selection and/or Hearing. ERROR. Parties/Mediator Not Added Filer is instructed to file a Notice of Entry of Parties/Mediator and add the additional the mediator. (lbc)
June 18, 2019 Filing 19 NOTICE of Mediator Selection and Hearing. Added Erika Mosiejute. Mediation Hearing set for 9/26/2019 at 10:00 a.m.. (Storch, Noah)
June 18, 2019 Filing 18 NOTICE of Filing Proposed Summons(es) by Erika Mosiejute re #15 Amended Complaint filed by Erika Mosiejute (Attachments: #1 Exhibit A- Proposed Summons) (Storch, Noah)
June 5, 2019 Opinion or Order Filing 17 PAPERLESS DISCOVERY PROCEDURE ORDER. No discovery motions shall be filed with the Court unless specifically authorized by Order. In the event a discovery dispute does arise, counsel are instructed to meet and confer in a good faith attempt to resolve the dispute. If, after conferring, the parties cannot resolve their discovery dispute, the movant must seek relief within 14 days after the grounds for relief occur by contacting the undersigneds Chambers (954-769-5450) and scheduling a discovery hearing. The movant shall have first conferred with opposing counsel and obtained three alternative dates and times that both counsel are available for a hearing. The attorney or other person with knowledge who telephones the Court shall have the following information: (a) the nature of the discovery dispute; (b) the efforts made to confer with opposing counsel; and (c) three agreed upon dates for a hearing. The Court will then set the matter for hearing and order the parties to submit a joint status report on the issues. Where there has been a complete failure to respond to discovery, and where good faith efforts have been made (without success) to obtain that discovery, counsel need not obtain agreed upon dates, but shall so inform the Court telephonically of the issue, and the Court will set the matter for hearing. Finally, when the parties have stipulated to the entry of an order, such as a stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (seltzer@flsd.uscourts.gov) a copy of the proposed stipulated order in Word or WordPerfect format, with a statement that the parties have agreed to entry of the proposed order. Signed by Magistrate Judge Barry S. Seltzer on 6/5/2019. (pb00)
June 4, 2019 Opinion or Order Filing 16 ORDER Setting Trial and Pre-Trial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: (Jury Trial set for 3/30/2020 in Fort Lauderdale Division before Judge Rodolfo A Ruiz, Calendar Call set for 3/24/2020 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A Ruiz, Amended Pleadings due by 7/5/2019, All Discovery due by 12/2/2019, Expert Discovery due by 12/2/2019, Mediation Deadline 12/9/2019, In Limine Motions due by 1/14/2020, All pre-trial Motions due by 12/17/2019, Joint Pretrial Stipulation due by 1/14/2020.) ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for Discovery Matters. ORDER REFERRING CASE to Mediation. (Mediation Deadline 12/9/2019.) Signed by Judge Rodolfo A Ruiz on 6/4/2019. See attached document for full details. (gp) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
June 3, 2019 Filing 15 AMENDED COMPLAINT against Wal-Mart Stores East, LP filed in response to Order Granting Motion for Leave, filed by Erika Mosiejute. (Attachments: #1 Summon(s))(Storch, Noah)
June 3, 2019 Opinion or Order Filing 14 PAPERLESS ORDER GRANTING #13 Plaintiff's Unopposed Motion for Leave to File Amended Complaint. Plaintiff shall file an Amended Complaint by no later than June 7, 2019. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Rodolfo A Ruiz on 6/3/2019. (fc)
May 30, 2019 Filing 13 Unopposed MOTION for Leave to File Amended Complaint by Erika Mosiejute. (Attachments: #1 Exhibit A - Proposed Amended Complaint)(Storch, Noah)
May 30, 2019 Filing 12 DEFENDANT'S ANSWER to Complaint by Walmart Inc.. (Turci, Amy)
May 30, 2019 Filing 11 Joint SCHEDULING REPORT - Rule 26(f) by Erika Mosiejute (Attachments: #1 Text of Proposed Order Scheduling)(Guadagnolo, Richard)
May 30, 2019 Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by Erika Mosiejute (Guadagnolo, Richard)
May 17, 2019 Opinion or Order Filing 9 PAPERLESS ORDER Granting Consent Motion For Extension of Time to File Answer to Complaint #8 . Defendant shall respond to Plaintiff's complaint by no later than May 30, 2019. Signed by Judge Rodolfo Ruiz on 5/17/2019. (fc)
May 16, 2019 Filing 8 Consent MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Walmart Inc.. Attorney Amy Reisinger Turci added to party Walmart Inc.(pty:dft). (Turci, Amy)
May 13, 2019 Opinion or Order Filing 7 ORDER signed by Judge Rodolfo Ruiz on 5/13/2019. See attached document for full details.(fc)
May 6, 2019 Opinion or Order Filing 6 ORDER OF REASSIGNMENT to Judge Rodolfo A Ruiz for all further proceedings, Judge Cecilia M. Altonaga no longer assigned to case. Signed by Judge Cecilia M. Altonaga on 5/6/2019. See attached document for full details. (yar)
May 1, 2019 Opinion or Order Filing 5 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties due by 5/30/2019. Signed by Judge Cecilia M. Altonaga on 4/30/2019. See attached document for full details. (wc)
April 30, 2019 Filing 4 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ERIKA MOSIEJUTE. WALMART INC. served on 4/25/2019, answer due 5/16/2019. (Storch, Noah)
April 25, 2019 Filing 3 Summons Issued as to WALMART INC.. (pcs)
April 25, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs)
April 25, 2019 Filing 1 COMPLAINT against WALMART INC.. Filing fees $ 400.00 receipt number 113C-11586799, filed by ERIKA MOSIEJUTE. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Storch, Noah)

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Defendant: WALMART INC.
Represented By: Amy Reisinger Turci
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Defendant: Wal-Mart Stores East, LP
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Plaintiff: ERIKA MOSIEJUTE
Represented By: Richard David Guadagnolo, II
Represented By: Noah E Storch
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