Johnson v. Publix Super Markets, Inc. et al
| Boyd Johnson |
| Publix Super Markets, Inc., Mark R. Irby, David P. Phillips, Merriann M. Metz and Randall T. Jones, Sr. |
| 0:2022cv60884 |
| May 10, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on January 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 32 PAPERLESS NOTICE RESCHEDULING HEARING. The Hearing re: Defendants' #22 Motion for Clarification of Plaintiff's Pro Se Status is now set for Tuesday, August 16, 2022 at 11:00 AM before U.S. District Judge K. Michael Moore at the United States Courthouse, Courtroom 13-1 (thirteenth floor), 400 North Miami Avenue, Miami, Florida. All Parties shall appear in person. (tgr) |
| Filing 30 NOTICE of Compliance regarding Dkt. 29, Paperless Order Regarding Courtroom Change by Publix Super Markets, Inc. re 29 Notice (Other), (Attachments: #1 Exhibit) (Getty, John) |
| Filing 29 PAPERLESS NOTICE OF COURTROOM CHANGE. The Hearing re: Defendants' #22 Motion for Clarification of Plaintiff's Pro Se Status is now set for Thursday, June 30, 2022 at 12:00 PM before U.S. District Judge K. Michael Moore at the United States Courthouse, Courtroom 13-4 (thirteenth floor), 400 North Miami Avenue, Miami, Florida. All Parties shall appear in person. Counsel for Defendants is ORDERED to SEND Plaintiff a copy of this Notice. (tgr) |
| Filing 31 RESPONSE to Motion re #22 MOTION for Clarification of Plaintiffs Pro Se Status and Request for Alleged Ghostwriting Attorney to Comply with Federal Rules of Civil Procedure and Southern District Local Rules and Memorandum of Law in Support filed by Boyd Johnson. Replies due by 7/5/2022. (jas) |
Filing 28
PAPERLESS ORDER STRIKING #23 , #24 , and #25 . This Cause is before the Court upon a sua sponte review of the record. Plaintiff has filed Initial Disclosures, ECF Nos. #23 and #25 . The Local Rules specifically provide that [i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; and (5) notices of taking depositions or notices of serving subpoenas. S.D. Fla. L.R. 26.1(b). Therefore, the filing of these materials at this time is improper.Additionally, Plaintiff's filing of a #24 surreply to Defendant's response without first seeking leave of Court violates the Local Rules' admonition that briefing be limited to motion, response, and reply; "No further or additional memoranda of law shall be filed and served without prior leave of Court." S.D. Fla. L.R. 7.1(c)(1). Filings made in violation of this rule may be stricken. See Burger v. Hartley, No. 11-62037-CIV, 2012 WL 12837901, at *1 (S.D. Fla. Aug. 30, 2012). Accordingly, it is ORDERED AND ADJUDGED that ECF Nos. #23 , #24 , and #25 are STRICKEN. Signed by Magistrate Judge Lauren Fleischer Louis on 6/21/2022. (nce)
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| Filing 27 NOTICE of Compliance by Mark R. Irby, Randall T. Jones, Sr., Merriann M. Metz, David P. Phillips, Publix Super Markets, Inc. re 26 Order Setting Hearing on Motion,, (Attachments: #1 Certification) (Getty, John) |
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Filing 26
PAPERLESS ORDER. THIS CAUSE is now set for a Hearing re: Defendants' #22 Motion for Clarification of Plaintiffs Pro Se Status, on Thursday, June 30, 2022 at 12:00 noon before U.S. District Judge K. Michael Moore at the United States District Courthouse, Courtroom 13-1 (thirteenth floor), 400 North Miami Avenue, Miami, Florida. All Parties shall appear in person. Counsel for Defendants is ORDERED to SEND Plaintiff a copy of this Order. Signed by Judge K. Michael Moore on 6/17/2022. (elm)
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| Filing 25 STRICKEN NOTICE of Filing Letter to Ms. Jennifer Monrose Moore, Esq. re: Meet and Confer by Boyd Johnson (ls) Modified per DE 28 Order on 6/21/2022 (ebz). |
| Filing 24 STRICKEN Opposition to #17 Reply to Response to Motion by Boyd Johnson. (ls) Modified per DE 28 Order on 6/21/2022 (ebz). |
| Filing 23 STRICKEN Initial Disclosure(s) pursuant to Rule 26(A) by Boyd Johnson (ls) Modified per DE 28 Order on 6/21/2022 (ebz). |
| Filing 22 MOTION for Clarification of Plaintiffs Pro Se Status and Request for Alleged Ghostwriting Attorney to Comply with Federal Rules of Civil Procedure and Southern District Local Rules and Memorandum of Law in Support by Publix Super Markets, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Getty, John) |
| Filing 21 NOTICE by Publix Super Markets, Inc. re #20 Notice (Other) of Filing Supplemental Conferral as to Filing of Parties' Case Management Report (Attachments: #1 Exhibit 1) (Moore, Jennifer) |
| Filing 20 NOTICE by Publix Super Markets, Inc. of Filing Unilateral Case Management Report (Attachments: #1 Joint Scheduling Report & Discovery Plan) (Moore, Jennifer) |
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Filing 19
PAPERLESS ORDER VACATING #12 DISCOVERY PROCEDURES ORDER. Parties are instructed to review the Discovery Practices and Procedures that can be found on the undersigned's webpage. Signed by Magistrate Judge Lauren Fleischer Louis (nce)
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| Filing 18 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) - 2022-47 to Magistrate Judge Lauren Fleischer Louis. Magistrate Judge Jared M. Strauss no longer assigned to case. (bms) |
| Filing 17 Defendant's REPLY to Response to Motion re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Publix Super Markets, Inc.. (Getty, John) |
| Filing 16 NOTICE of Attorney Appearance by John Christopher Getty on behalf of Publix Super Markets, Inc. (Getty, John) |
| Filing 15 NOTICE of Striking #14 Notice of Attorney Appearance,, filed by Merriann M. Metz, David P. Phillips, Mark R. Irby, Publix Super Markets, Inc., Randall T. Jones, Sr. As Erroneously Filed by Publix Super Markets, Inc. (Getty, John) |
| Filing 14 (STRICKEN per DE #15 ) NOTICE of Attorney Appearance by John Christopher Getty on behalf of Mark R. Irby, Randall T. Jones, Sr., Merriann M. Metz, David P. Phillips, Publix Super Markets, Inc.. Attorney John Christopher Getty added to party Mark R. Irby(pty:dft), Attorney John Christopher Getty added to party Randall T. Jones, Sr.(pty:dft), Attorney John Christopher Getty added to party Merriann M. Metz(pty:dft), Attorney John Christopher Getty added to party David P. Phillips(pty:dft), Attorney John Christopher Getty added to party Publix Super Markets, Inc.(pty:dft). (Getty, John) Text Modified on 6/3/2022 (amb). |
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Filing 13
PAPERLESS Order Vacating DE #9 . Signed by Magistrate Judge Jared M. Strauss on 6/1/2022. (emd)
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Filing 12
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 6/1/2022. See attached document for full details. (emd)
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| Filing 11 Case Reassignment of Paired Magistrate Judge to Magistrate Judge Jared M. Strauss. Magistrate Judge Lurana S. Snow no longer assigned to case. (jmd) |
| Filing 10 RESPONSE in Opposition re #8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by Boyd Johnson. Replies due by 6/3/2022. (pes) |
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Filing 9
(VACATED PER DE# 13 ) GENERAL ORDER On Discovery Objections and Procedures. Signed by Magistrate Judge Lurana S. Snow on 5/24/2022. See attached document for full details. (pes) Modified Text on 6/2/2022 (cds).
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| Filing 8 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Publix Super Markets, Inc.. Responses due by 5/31/2022 (Attachments: #1 Exhibit 1: Boyd Johnson's Complaint)(Moore, Jennifer) |
| Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement 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 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, Other Affiliate Publix Alabama, LLC for Publix Super Markets, Inc. (Moore, Jennifer) |
| Filing 6 NOTICE of Compliance with Dkt 5 Paperless Order by Publix Super Markets, Inc. re 5 Order,,, (Moore, Jennifer) |
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Filing 5
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On May 10, 2022, this case was removed to this Court from the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. #1 . No address of record has been provided for pro se Plaintiff Boyd Johnson. Accordingly, Defendant Publix Super Markets, Inc. is hereby ORDERED to SEND a copy of the following materials to Plaintiff: (1) Defendant's #1 Notice of Removal, and (2) a copy of the docket sheet and this Order. Defendant shall file a Notice certifying its compliance with this Order no later than May 17, 2022. Defendant's Notice shall identify the date and time of compliance and the method by which the materials above were sent to Plaintiff. Signed by Judge K. Michael Moore on 5/12/2022. (elm)
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Filing 4
PAPERLESS ORDER REFERRING PRETRIAL MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law regarding all pretrial, non-dispositive matters including discovery, and for a Report and Recommendation on any dispositive matters, except for motions affecting any deadlines set by this Court. In addition, the Parties are hereby ORDERED to comply with Magistrate Judge Snow's discovery procedures. Signed by Judge K. Michael Moore on 5/12/2022. (elm)
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Filing 3
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 5/12/2022. (elm)
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| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Verified Complaint) Filing fee $ 402.00 receipt number AFLSDC-15627584, filed by Publix Super Markets, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A: all processes, pleadings, motions and orders on file with the State Court Action, #3 Exhibit B: Notice of Removal with the Clerk of the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida)(Moore, Jennifer) No answer/motion to dismiss filed. Modified text on 5/11/2022 (kpe). |
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