Jean v. Apria Healthcare, LLC
| Pierre Jean |
| Apria Healthcare, LLC |
| 0:2022cv61687 |
| September 8, 2022 |
| US District Court for the Southern District of Florida |
| Melissa Damian |
| Raag Singhal |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 15, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER Dismissing Case With Prejudice and Closing Case. Signed by Magistrate Judge Melissa Damian on 5/15/2023. See attached document for full details. (oco)
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| Filing 42 STIPULATION of Dismissal with Prejudice by Apria Healthcare, LLC (Hooker, Valerie) |
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Filing 41
ORDER OF REFERRAL. REASSIGNING CASE to Magistrate Judge Melissa Damian for all further proceedings. Judge Raag Singhal no longer assigned to case Signed by Judge Raag Singhal on 5/3/2023. See attached document for full details. (mee)
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| Filing 40 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Melissa Damian: Settlement Conference held on 5/1/2023. Settlement reached. The material terms of the agreement read into the record. The parties will submit written agreement for in camera review. The Court to retain jurisdiction to enforce the settlement agreement. Total time in court: 4 hour(s) : 40 minutes. Attorney Appearance(s): Anthony Maximillien Georges-Pierre, along with his client (Pierre Jean) and Creole Interpreter (Daniel Hill), appeared at this conference. Valerie Lorraine Hooker, along with her client (Julie Isen, Corporate Representative, via zoom/telephone), appeared at this conference. (Digital 13:03:54) (aw) |
| Filing 39 Notice and Consent to Jurisdiction of U.S. Magistrate Judge Melissa Damian (Signed by All Parties). Filed by Pierre Jean and Apria Healthcare, LLC. (oco) |
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Filing 38
PAPERLESS ORDER granting #37 Joint Motion Request for Settlement Conference to Occur in Person. Finding good cause shown for the requested relief, the #37 Joint Motion is GRANTED. Accordingly, the Settlement Conference in this matter set for 5/1/2023 at 1:00 PM shall occur in person at the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, 5th Floor, Miami, Florida 33128. The corporate representative for Defendant may still appear by Zoom. This Court's #36 Order Scheduling Settlement Conference remains unchanged in all other respects. Signed by Magistrate Judge Melissa Damian on 4/26/2023. (oco)
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| Filing 37 Joint MOTION Request for Settlement Conference to Occur in Person re #36 Order Setting/Cancelling Hearing, by Pierre Jean. (Georges-Pierre, Anthony) |
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Filing 36
ORDER Scheduling Settlement Conference (By Zoom). Settlement Conference set for 5/1/2023 at 1:00 PM in the Miami Division before Magistrate Judge Melissa Damian. The Court will provide Zoom information to all parties prior to the conference. Signed by Magistrate Judge Melissa Damian on 4/18/2023. See attached document for full details. (oco)
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Filing 35
ORDER OF REFERRAL,granting #34 Joint Motion for Settlement Conference. Signed by Judge Raag Singhal on 4/11/2023. See attached document for full details. (mee)
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| Filing 34 Joint MOTION For Settlement Conference by Pierre Jean. (Costa, Jorge) |
| Filing 33 CLERK'S NOTICE - Attorney Admissions has updated the email information for attorney Anthony Maximillien Georges-Pierre. (cw) |
| Filing 32 CLERK'S NOTICE - Attorney Admissions has not updated address information for attorney Jorge Luis Acosta, Jr.. Attorney has not followed the required procedures for updating their address with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their address information. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 31 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorneys Anthony Maximillien Georges-Pierre and Jorge Luis Costa, Jr.. Attorneys have not followed the required procedures for updating their information with the Court. Attorneys are instructed to file the required document in all of their pending cases, and then go to their PACER account, Manage My Account, to complete the process of updating their information. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 30 NOTICE of Change of Address, Email or Law Firm Name by Jorge Luis Costa, Jr (Costa, Jorge) |
| Filing 29 NOTICE of Change of Address, Email or Law Firm Name by Anthony Maximillien Georges-Pierre (Georges-Pierre, Anthony) |
| Filing 28 FINAL MEDIATION REPORT by Jerald Bagley. Disposition: Case did not settle.(Bagley, Jerald) |
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Filing 27
AMENDED PAPERLESS ORDER Scheduling Mediation before Jerald Bagley, Esq. Mediation Hearing set for at 2/15/2023 AT 10:00 AM Wednesday, 2/15/2023 at 10:00 A.M. at JACKSON LEWIS, P.C. One BiscayneTower, Suite 3500, 2 South Biscayne Boulevard Miami, FL 33131. All parties and counsel must attend. A mediation report shall be filed by 2/20/2023. Signed by Judge Raag Singhal on 1/12/2023. (pb00)
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| Filing 26 Amended NOTICE of Mediation Hearing. Mediation Hearing set for 2/15/23 at 10:00 A.M.. (Attachments: #1 Text of Proposed Order)(Georges-Pierre, Anthony) |
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Filing 25
PAPERLESS ORDER Scheduling Mediation before Jerald Bagley, Esq. Mediation Hearing set for 1/13/2023 at 10:00 AM at Jackson Lewis, P.C., One Biscayne Tower, Suite 3500, 2 South Biscayne Boulevard, Miami, FL 33131. All parties and counsel shall attend. The parties shall file a mediation report with the Court no later than three (3) days following conclusion of mediation. Signed by Judge Raag Singhal on 11/15/2022. (pls)
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| Filing 24 NOTICE of Mediation Hearing. Mediation Hearing set for 1/13/23 at 10:00 A.M.. (Attachments: #1 Text of Proposed Order)(Costa, Jorge) |
| Filing 23 NOTICE of Mediator Selection. Selected/Added Jerald Bagley as Mediator. (Costa, Jorge) |
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Filing 22
PAPERLESS ORDER granting #21 Motion to Withdraw as Attorney. Max Lloyd Horowitz representing Jean, Pierre (Plaintiff) withdrawn from case. Signed by Judge Raag Singhal on 11/10/2022. (pls)
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| Filing 21 Unopposed MOTION to Withdraw as Attorney by Max L. Horowitz, Esq. for / by Pierre Jean. Responses due by 11/23/2022 (Horowitz, Max) |
| Filing 20 Defendant's ANSWER and Affirmative Defenses to Amended Complaint Second Amended Complaint by Apria Healthcare, LLC. (Hooker, Valerie) |
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Filing 19
PAPERLESS ORDER denying as moot #7 Motion to Dismiss in light of Plaintiff's #18 Second Amended Complaint. Signed by Judge Raag Singhal on 10/11/2022. (pls)
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| Filing 18 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Pierre Jean.(Horowitz, Max) |
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Filing 17
PAPERLESS ORDER granting #16 Motion for Leave to File. 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 Raag Singhal on 10/10/2022. (pls)
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| Filing 16 Unopposed MOTION for Leave to File Second Amended Complaint by Pierre Jean. (Attachments: #1 Exhibit A - Second Amended Complaint)(Horowitz, Max) |
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Filing 15
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 10/23/2023 9:00 AM in Fort Lauderdale Division before Judge Raag Singhal. Calendar Call set for 10/20/2023 10:00 AM in Fort Lauderdale Division before Judge Raag Singhal. Amended Pleadings due by 11/29/2022. Discovery due by 6/29/2023. Expert Discovery due by 6/29/2023.Fact Discovery due by 6/29/2023. Joinder of Parties due by 11/29/2022. Mediation Deadline 7/6/2023. In Limine Motions due by 9/8/2023. Dispositive Motions due by 7/14/2023. Motions due by 7/14/2023. Pretrial Stipulation due by 10/10/2023. ORDER REFERRING CASE to Mediation. Mediation Deadline 7/6/2023. ORDER REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Judge Raag Singhal on 9/30/2022. See attached document for full details. (mab) #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.
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| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Apria Healthcare, LLC (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Hooker, Valerie) |
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Filing 13
PAPERLESS ORDER granting #10 Motion for Extension of Time to File Response to Motion. Responses due by 10/7/2022. Signed by Judge Raag Singhal on 9/26/2022. (pls)
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| Filing 12 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Anthony Maximillien Georges-Pierre re #11 Notice of Change of Address, Email or Law Firm Name. Attorney Anthony Maximillien Georges-Pierre has not completed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 11 NOTICE of Change of Address, Email or Law Firm Name by Anthony Maximillien Georges-Pierre (Georges-Pierre, Anthony) |
| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #7 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Pierre Jean. (Horowitz, Max) |
| Filing 9 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Apria Healthcare, LLC identifying Other Affiliate Apria Holdco LLC, Other Affiliate Apria Healthcare Group LLC, Other Affiliate Apria, Inc. for Apria Healthcare, LLC (Hooker, Valerie) |
| Filing 8 Plaintiff's Certificate of Other Affiliates by Pierre Jean (Costa, Jorge) |
| Filing 7 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Apria Healthcare, LLC. Responses due by 9/27/2022 (Attachments: #1 Exhibit (a)FCHR Charge and Determination, #2 Exhibit (b) EEOC Charge and Determination)(Schwartz, Jennifer) |
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Filing 6
Order Requiring Joint Scheduling Report: Joint Scheduling Report due by 10/3/2022 Signed by Judge Raag Singhal on 9/12/2022. See attached document for full details. (mab)
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Filing 5
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONSWithin SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 9/12/2022. (pls)
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| Filing 4 NOTICE OF COURT PRACTICEUnless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes.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.Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. 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).Exhibits to pleadings and motions shall be docketed in accordance with the Courts CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket EntryA party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings.Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 9/12/2022. (pls) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (jas) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Attorney information does not match initiating document. The name of the attorney submitting the complaint does not match the signature on the pdf document. The attorney listed on the initiating document has been added. It is not necessary to re-file this document. (jas) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - First Amended Complaint) Filing fee $ 402.00 receipt number AFLSDC-15934840, filed by Apria Healthcare, LLC. (Attachments: #1 Exhibit A - Copy of all process, pleadings. and orders served on Defendant, #2 Exhibit B - Declaration of Raymond Benefiel., #3 Exhibit C - Plaintiff's counsel's FL Bar On Line Records, #4 Civil Cover Sheet)(Hooker, Valerie) |
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| Search for this case: Jean v. Apria Healthcare, LLC | |
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| Plaintiff: Pierre Jean | |
| Represented By: | Max Lloyd Horowitz |
| Represented By: | Anthony Maximillien Georges-Pierre |
| Represented By: | Jorge Luis Costa, Jr. |
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| Defendant: Apria Healthcare, LLC | |
| Represented By: | Valerie Lorraine Hooker |
| Represented By: | Jennifer A. Schwartz |
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