Andrade v. Merson et al
Plaintiff: Ashley Marie Andrade
Defendant: Mitchell A. Merson and J.B. Hunt Transport, Inc.
Case Number: 0:2021cv60563
Filed: March 11, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodney Smith
Referring Judge: Alicia O Valle
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2021 Opinion or Order Filing 18 ORDER of Referral to Mediation. Signed by Judge Rodney Smith on 4/30/2021. See attached document for full details. (kpe)
April 30, 2021 Opinion or Order Filing 17 ORDER Setting Civil Trial Date, Pretrial Deadlines, And Referral To Magistrate Judge: ( Jury Trial set for 6/6/2022 before Judge Rodney Smith., Calendar Call set for 5/31/2022 09:00 AM before Judge Rodney Smith., Amended Pleadings due by 5/14/2021., Expert Discovery due by 12/17/2021., Fact Discovery due by 12/17/2021., Joinder of Parties due by 5/14/2021., Mediation Deadline 12/23/2021., In Limine Motions due by 5/6/2022., Dispositive Motions due by 1/6/2022., Motions due by 5/6/2022., Pretrial Stipulation due by 5/6/2022.), Signed by Judge Rodney Smith on 4/30/2021. See attached document for full details. (kpe) #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.
April 19, 2021 Opinion or Order Filing 16 PAPERLESS ORDER DENYING WITHOUT PREJUDICE #9 Defendant J.B. Hunt Transport, Inc.'s ("Defendant") Motion for Leave of Court to Exceed Twenty-Five (25) Interrogatories (the "Motion"), for failure to comply with Southern District of Florida Local Rule 7.1(a)(3). Rule 7.1(a)(3) requires that a party must confer prior to filing a motion "with all parties... who may be affected by the relief sought in the motion" in a good faith effort to resolve the issues. Conferral under Local Rule 7.1, which can be done by telephone, must include a substantive give-and-take exchange with opposing counsel; sending an email and demanding an immediate or near immediate response before filing a motion is insufficient. Royal Bahamian Ass'n, Inc. v. QBE Ins. Corp., 744 F. Supp. 2d 1297, 1299 n.2 (S.D. Fla. 2010); see also Trinos v. Quality Staffing Servs. Corp., 250 F.R.D. 696, 698 (S.D. Fla. 2008) (noting that by refusing to engage in telephonic discussions, Plaintiff's counsel has not engaged in a good faith attempt to resolve the dispute without court intervention). If the matter is not resolved after the parties have met and conferred as required, Defendant may refile its Motion, certifying that the parties met and conferred (including the date, method of conferral, and substance of the discussion), but could not resolve the issue. Signed by Magistrate Judge Alicia O. Valle on 4/19/2021. (dpr)
April 16, 2021 Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Mitchell A. Merson (Nicklaus, Edward)
April 16, 2021 Filing 14 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by J.B. Hunt Transport, Inc. identifying Corporate Parent J.B. Hunt Transport Services, Inc. for J.B. Hunt Transport, Inc. (Nicklaus, Edward)
April 16, 2021 Filing 13 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties Election to Jurisdiction by a United States Magistrate Judge for Final Dispositions of Motions. Filed by J.B. Hunt Transport, Inc., Mitchell A. Merson (Nicklaus, Edward)
April 16, 2021 Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by J.B. Hunt Transport, Inc., Mitchell A. Merson (Attachments: #1 Text of Proposed Order Exhibit 1: Proposed Scheduling Order Setting Civil Trial Date and Pretrial Schedule)(Nicklaus, Edward)
April 8, 2021 Filing 11 Defendant Mitchell A. Merson's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand to Plaintiff's Complaint by Mitchell A. Merson. Attorney Edward Randall Nicklaus added to party Mitchell A. Merson(pty:dft). (Nicklaus, Edward)
March 31, 2021 Opinion or Order Filing 10 ORDER of Reference. Signed by Judge Rodney Smith on 3/31/2021. See attached document for full details. (kpe)
March 30, 2021 Filing 9 Defendant's MOTION for Leave of Court to Exceed Twenty-Five (25) Interrogatories by J.B. Hunt Transport, Inc.. (Attachments: #1 Exhibit A)(Nicklaus, Edward)
March 26, 2021 Filing 8 NOTICE of Attorney Appearance by Joseph Charles Madalon on behalf of Ashley Marie Andrade (Madalon, Joseph)
March 26, 2021 Filing 7 Initial Disclosure(s) of Plaintiff's Rule 26(a)(1) Disclosures by Ashley Marie Andrade (Madalon, Joseph)
March 26, 2021 Filing 6 Initial Disclosure(s) of of Fact Witness List by J.B. Hunt Transport, Inc. (Nicklaus, Edward)
March 12, 2021 Filing 5 Defendant, J.B. Hunt Transport, Inc.'s ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by J.B. Hunt Transport, Inc.. (Nicklaus, Edward)
March 12, 2021 Opinion or Order Filing 4 ORDER Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements. (Joint Scheduling Report due by 4/16/2021). Signed by Judge Rodney Smith on 3/12/2021. See attached document for full details. (mc)
March 11, 2021 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz)
March 11, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle 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. (drz)
March 11, 2021 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-14515388, filed by J.B. Hunt Transport, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet - Federal Court, #2 Exhibit Exhibit A: Complaint, #3 Exhibit Exhibit B: Notice of Service of Process, #4 Exhibit Composite Exhibit C(1), #5 Exhibit Composite Exhibit C(2), #6 Exhibit Composite Exhibit C(3), #7 Exhibit Composite Exhibit C(4), #8 Exhibit Composite Exhibit C(5), #9 Exhibit Composite Exhibit C(6), #10 Exhibit Composite Exhibit C(7), #11 Exhibit Composite Exhibit C(8), #12 Exhibit Composite Exhibit C(9), #13 Exhibit Composite Exhibit C(10), #14 Exhibit Composite Exhibit C(11), #15 Exhibit Composite Exhibit C(12))(Nicklaus, Edward) Modified on 3/12/2021 (drz).(No Answer, Affirmative Defenses or Motion to Dismiss filed in State Court).

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Plaintiff: Ashley Marie Andrade
Represented By: Joseph Charles Madalon
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Defendant: Mitchell A. Merson
Represented By: Edward Randall Nicklaus
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Defendant: J.B. Hunt Transport, Inc.
Represented By: Edward Randall Nicklaus
Represented By: Stephen Vincent Marasia
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