Smith v. Costco Wholesale Corporation et al
| Irene Smith |
| Costco Wholesale Corporation doing business as Costco Wholesale and Alan Pack |
| 0:2021cv62279 |
| November 4, 2021 |
| US District Court for the Southern District of Florida |
| Ft Lauderdale Office |
| William P Dimitrouleas |
| Patrick M Hunt |
| Lurana S Snow |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 14 ACKNOWLEDGMENT OF RECEIPT as to #12 Order Remanding Case to State Court, #13 Transmittal Letter Sent (cds) |
| Filing 13 Transmittal Letter Sent with With Certified Copies to: Thirteenth Judicial Circuit. State Court Case Number: 2021-CA-007121 (cds) (cds). |
Filing 12
Order Remanding Case to State Court. Closing Case. Signed by Judge William P. Dimitrouleas on 11/15/2021. See attached document for full details. (cds)
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #9 Order to Show Cause by Alan Pack, Costco Wholesale Corporation. (Cooney, David) |
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Filing 10
ORDER OF RECUSAL. Magistrate Judge Lurana S. Snow recused. Case reassigned to Magistrate Judge Patrick M. Hunt for all further proceedings. Signed by Magistrate Judge Lurana S. Snow on 11/9/2021. See attached document for full details. (bms)
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Filing 9
ORDER TO SHOW CAUSE. Show Cause Response due by 11/15/2021. Signed by Judge William P. Dimitrouleas on 11/5/2021. See attached document for full details. (cds)
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| Filing 8 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. 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. (jua) |
| Filing 7 Case transferred in from Florida Middle; Case Number 8:21-cv-02472. Electronic file including transfer order and docket sheet received. .(jua). |
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Filing 6
ORDER: The Clerk is directed to transfer this case to the United States District Court for the Southern District of Florida for all further proceedings and to thereafter close the case. Signed by Judge Virginia M. Hernandez Covington on 11/3/2021. (SGM)
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| Filing 5 RESPONSE re 3 Order of October 22, 2021 by Costco Wholesale Corporation, Alan Pack. (Trybus, Bruce) |
| Filing 4 NOTICE to counsel David Cooney and Trybus Peets of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (ABC) |
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Filing 3
ENDORSED ORDER: Upon review of this matter, the Court notes that, according to the Complaint, Plaintiff slipped and fell at a Costco store in Pompano Beach, Florida, sustaining injuries. (Doc. # 1-4). Pompano Beach is in Broward County, Florida, which is within the Southern District of Florida. "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." 28 U.S.C. 1404(a). While Defendant Costco did remove this case from the Circuit Court of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, the Court believes that transfer to the Southern District of Florida may be proper under 28 U.S.C. 1404(a) because that is where a substantial part of the events giving rise to the instant claim occurred. Accordingly, the Court directs the parties to file, by November 1, 2021, a notice stating their positions as to which venue is most appropriate for this matter, along with any other information that bears on that issue. In doing so, the parties should keep in mind the factors enunciated by the Eleventh Circuit as relevant to whether a district court should transfer a case under Section 1404(a). See Manuel v. Convergys Corp., 430 F.3d 1132, 1135 n.1 (11th Cir. 2005) (listing factors). Signed by Judge Virginia M. Hernandez Covington on 10/22/2021. (SGM)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:21-cv-2472-VMC-JSS. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the 13th Judicial Circuit- Hillsborugh County, FL, case number 2021-CA-007121 filed in State Court on 9/1/21. Filing fee $ 402, receipt number AFLMDC-18845293 filed by Costco Wholesale Corporation d/b/a Costco Wholesale. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A #3 Exhibit B - Affidavit, #4 Exhibit C - State Court Complaint, #5 Exhibit D - Other State Court Documents, #6Exhibit E State Court Answer)(Trybus, Bruce) Modified text on 10/22/2021 (ABC). |
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