Dorest v. Publix Super Markets, Inc.
| Micheline Dorest |
| Publix Super Markets, Inc. |
| 0:2020cv62448 |
| December 1, 2020 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Lurana S Snow |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 19 ACKNOWLEDGMENT OF RECEIPT as to #17 Order Remanding Case to State Court, #18 Transmittal Letter Sent (pcs) |
| Filing 18 Transmittal Letter Sent with Certified Copy of Order of Remand to: 17th Judicial Circuit, Broward County, FL. State Court Case Number: CACE-20-011901 (pcs) |
Filing 17
Order On Motion To Remand. Closing Case. Motions terminated: #12 Plaintiff's MOTION to Remand to State Court filed by Micheline Dorest. Signed by Judge Robert N. Scola, Jr on 12/23/2020. See attached document for full details. (pcs)
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| Filing 16 RESPONSE in Opposition re #12 Plaintiff's MOTION to Remand to State Court and Memorandum in Support filed by Publix Super Markets, Inc.. Replies due by 12/30/2020. (Attachments: #1 Exhibit Unpublished Cases)(Moore, Jennifer) |
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Filing 15
PAPERLESS ORDER: This matter is before the Court upon the Plaintiff's motion to stay. #14 . The Court denies as moot the Plaintiff's motion to the extent it asks the Court to stay further deadlines with respect to the Defendant's motion to dismiss as the Defendant's motion has already been denied as moot by the Court upon the filing of the Plaintiff's amended complaint. 13 . The Court construes the remainder of the Plaintiff's motion as a motion to extend deadlines for the Plaintiff and Defendant to file their joint discovery plan and conference report. The Court grants the Plaintiff's request and agrees if the Court finds removal proper, these efforts would be a waste of the parties' resources. The Court will set a deadline for the parties to file the required report, if appropriate, after the Court adjudicates the Plaintiff's motion to remand. The Plaintiff is warned that several of her recent filings failed to comply with the Court's Local Rules. Local Rule 7.1(a)(3) requires an attorney filing a motion in a civil case to first confer with opposing counsel in a good-faith effort to resolve by agreement the issues raised in the motion. The filing attorney must then include in the motion a statement explaining to the Court that (1) all or some of the issues raised in the motion are unopposed; (2) counsel conferred but could not agree on all or some of the issues raised in the motion; or (3) counsel diligently attempted to confer but was unable to reach the opposing counsel. S.D. Fla. L.R. 7.1(a)(3). The Plaintiff's motion to remand is not in compliance with the Local Rules. "The purpose of the rule is to ensure judicial economy and prevent courts from considering issues the parties could agree on independently, and to ascertain whether the Court need wait for a response from the opposing party before deciding the motion." Aguilar v. United Floor Crew, Inc. , No. 14-CIV-61605, 2014 WL 6751663, at *1 (S.D. Fla. Dec. 1, 2014) (Bloom, J.). The Plaintiff is ordered to file a notice of conferral with the Court with respect to her motion to remand, consistent with the requirements of the Courts local rules, by December 30, 2020. Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 14 Plaintiff's MOTION to Stay re #12 Plaintiff's MOTION to Remand to State Court , #3 Order Requiring Joint Scheduling Report,, Order Referring Case to Magistrate Judge, #11 Amended Complaint/Amended Notice of Removal, #6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), or in the Alternative, Motion to Dismiss Pending Payment of Costs of Prior Litigation and Memorandu by Micheline Dorest. Responses due by 1/5/2021 (Lewis, Valerie) |
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Filing 13
PAPERLESS ORDER: denying as moot the Defendant's motion to dismiss. #6 . The filing of the Plaintiff's amended complaint #11 moots the motion to dismiss the prior pleading. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 12 Plaintiff's MOTION to Remand to State Court by Micheline Dorest. (Attachments: #1 Exhibit Complaint, #2 Exhibit Return of Service & Summons, #3 Exhibit E-mail from Jennifer Monrose Moore, #4 Exhibit E-mail from Valerie Kiffin Lewis, #5 Exhibit Defendant's Unopposed Motion for Extension of Time, #6 Exhibit Defendant's Notice of Filing Notice of Removal, #7 Exhibit Memorandum and Order, #8 Exhibit Harris Corp. v. Kollsman, Inc.)(Lewis, Valerie) |
| Filing 11 First AMENDED COMPLAINT against Publix Super Markets, Inc., filed by Micheline Dorest. (Attachments: #1 Exhibit Charge of Discrimination, #2 Exhibit Notice of Right to Sue)(Lewis, Valerie) |
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Filing 10
PAPERLESS ORDER: granting in part the Plaintiff's motion for extension of time to respond to the Defendant's motion to dismiss. #9 . While the Defendant does not oppose a five day extension for the Plaintiff to file her response, the Defendant does not agree to the full two week extension requested by the Plaintiff, through and including January 4, 2021. As Plaintiff's counsel has stated her office will be closed beginning December 24, 2020 and reopening on January 4, 2021, the Court grants the Plaintiff a one week extension. The Plaintiff's response is now due December 23, 2020. Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 9 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), or in the Alternative, Motion to Dismiss Pending Payment of Costs of Prior Litigation and Memorandu by Micheline Dorest. (Lewis, Valerie) |
| Filing 8 Certificate of Other Affiliates/Corporate Disclosure Statement (refiled) by Publix Super Markets, Inc. identifying Other Affiliate Lone Palm Golf Club, LLC, Other Affiliate Morning Song, LLC, Other Affiliate PTO, LLC, Other Affiliate Publix Alabama, LLC, Other Affiliate Publix Asset Management Company, Other Affiliate Publix North Carolina Employee Services, LLC, Other Affiliate Publix North Carolina, LP, Other Affiliate Publix Tennessee, LLC, Other Affiliate Real Sub, LLC, Other Affiliate Central and Second Insurance Company, Other Affiliate Publix Apron's Event Planning and Catering, LLC for Publix Super Markets, Inc. (Moore, Jennifer) |
| Filing 7 Clerks Notice to Filer re #4 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (pcs) |
| Filing 6 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), or in the Alternative, Motion to Dismiss Pending Payment of Costs of Prior Litigation and Memorandum in Support by Publix Super Markets, Inc.. Responses due by 12/16/2020 (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Jennifer) |
| Filing 5 Notice of Pending, Refiled, Related or Similar Actions by Publix Super Markets, Inc. (Moore, Jennifer) |
| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement by Publix Super Markets, Inc. (Moore, Jennifer) |
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Filing 3
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge, referring case to Magistrate Judge Lurana S. Snow for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 12/1/2020. See attached document for full details. (pcs)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-13957507, filed by Publix Super Markets, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Pleadings, #3 Exhibit B - State Court Notice)(Moore, Jennifer) No Answer/Motion to Dismiss filed. Modified on 12/1/2020 (pcs). |
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| Plaintiff: Micheline Dorest | |
| Represented By: | Valerie Kiffin Lewis |
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| Defendant: Publix Super Markets, Inc. | |
| Represented By: | Jennifer Monrose Moore |
| Represented By: | Eliza Neel Horne |
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