Babayoff v. Ross Dress for Less, Inc.
| Rachel Babayoff |
| Ross Dress for Less, Inc. and JOHN DOE |
| 0:2023cv60425 |
| March 6, 2023 |
| US District Court for the Southern District of Florida |
| Raag Singhal |
| Alicia O Valle |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity |
| Defendant |
Docket Report
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This docket was last retrieved on May 19, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER OF DISMISSAL WITHOUT PREJUDICE AND CLOSING CASE. Motions terminated: #20 Defendant's MOTION for Order to Show Cause for Failure to Comply with Court Order filed by Ross Dress for Less, Inc., #23 Defendant's MOTION to Compel Discovery Responses to Initial Discovery filed by Ross Dress for Less, Inc. Signed by Judge Raag Singhal on 5/19/2023. See attached document for full details. (caw)
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Filing 26
ORDER to File a Status Report. Status Report due by 5/15/2023. Signed by Judge Raag Singhal on 5/9/2023. See attached document for full details. (kpe)
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| Filing 25 NOTICE of Compliance by Rachel Babayoff re #15 Order on Motion to Withdraw as Attorney, (Stefanik, Stephen) |
| Filing 24 NOTICE by Ross Dress for Less, Inc. of Filing Certified Mail Tracking Number (Attachments: #1 Exhibit Exhibit A- Correspondence to Plaintiff, dated April 24, 2023) (Ieraci, Daniel) |
| Filing 23 Defendant's MOTION to Compel Discovery Responses to Initial Discovery by Ross Dress for Less, Inc.. Responses due by 5/10/2023 (Attachments: #1 Exhibit Exhibit A- Correspondence to Plaintiff, dated April 17, 2023)(Ieraci, Daniel) |
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Filing 22
ORDER EXTENDING PRETRIAL DEADLINES granting #21 Motion for Extension of Time. Signed by Judge Raag Singhal on 4/24/2023. See attached document for full details. (pcs)
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| Filing 21 Defendant's MOTION for Extension of Time for Certain Pre-Trial Deadlines re #19 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by Ross Dress for Less, Inc.. Responses due by 5/5/2023 (Ieraci, Daniel) |
| Filing 20 Defendant's MOTION for Order to Show Cause for Failure to Comply with Court Order by Ross Dress for Less, Inc.. (Ieraci, Daniel) |
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Filing 19
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: JURY TRIAL set for 8/26/2024 in Fort Lauderdale Division before Judge Raag Singhal. CALENDAR CALL set for 8/21/2024 at 10:30 AM, via ZOOM, in Fort Lauderdale Division before Judge Raag Singhal. Amended Pleadings due by 5/23/2023. Discovery due by 4/12/2024. Expert Discovery due by 4/12/2024. Fact Discovery due by 4/12/2024. Joinder of Parties due by 5/23/2023. Mediation Deadline 4/19/2024. In Limine Motions due by 6/13/2024. Dispositive Motions due by 5/3/2024. Motions due by 5/3/2024. Pretrial Stipulation due by 8/9/2024. ORDER REFERRING CASE to Mediation. Mediation Deadline 4/19/2024. ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Judge Raag Singhal on 4/13/2023. See attached document for full details. (caw) #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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| Set/Reset Hearings Jury Trial set for 8/26/2024 at 09:00 AM in Fort Lauderdale Division before Judge Raag Singhal. (caw) |
| Filing 18 Defendant's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Ross Dress for Less, Inc.. (Glusman, Jason) |
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Filing 17
PAPERLESS ORDER denying as moot #7 Motion to Dismiss, in light of the #12 First Amended Complaint. Signed by Judge Raag Singhal on 4/6/2023. (eca)
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| Filing 16 Notice of Entry of Parties Listed on #12 Amended Complaint/Amended Notice of Removal into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): JOHN DOE. (Stefanik, Stephen) |
| Attorney Stephen John Stefanik representing Babayoff, Rachel (Plaintiff) Activated. (Stefanik, Stephen) |
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Filing 15
ORDER GRANTING #13 Motion to Withdraw as Attorneys. Attorney Lianibet Morejon; Attorney Tara Michelle Rosenberg; and Attorney Stephen John Stefanik, all of the Wolfson & Leon Law Firm, representing Plaintiff Babayoff, are withdrawn from the case. Deadline to obtain new counsel 4/10/2023. Signed by Judge Raag Singhal on 3/27/2023. See attached document for full details. (caw)
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| Filing 14 Clerk's Notice to Filer re #12 Amended Complaint/Amended Notice of Removal. Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (pcs) |
| Filing 13 MOTION to Withdraw as Attorney by Stephen J. Stefanik for / by Rachel Babayoff. Responses due by 4/7/2023 (Stefanik, Stephen) |
| Filing 12 AMENDED COMPLAINT against Ross Dress for Less, Inc., filed by Rachel Babayoff.(Stefanik, Stephen) Modified text on 3/27/2023 (pcs). |
| Filing 11 Joint SCHEDULING REPORT - Rule 26(f) by Ross Dress for Less, Inc. (Attachments: #1 Text of Proposed Order Ex. 1- Proposed Scheduling Order)(Ieraci, Daniel) |
| Filing 10 Certificate of Other Affiliates/Corporate Disclosure Statement by Rachel Babayoff identifying Other Affiliate Steve Stefanik for Rachel Babayoff (Stefanik, Stephen) |
| Filing 9 NOTICE of Attorney Appearance by Stephen John Stefanik on behalf of Rachel Babayoff. Attorney Stephen John Stefanik added to party Rachel Babayoff(pty:pla). (Stefanik, Stephen) |
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Filing 8
ORDER REQUIRING JOINT SCHEDULING REPORT. Signed by Judge Raag Singhal on 3/13/2023. See attached document for full details. (caw)
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| Filing 7 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, Motion to Dismiss Plaintiff's Complaint by Ross Dress for Less, Inc.. Responses due by 3/27/2023 (Ieraci, Daniel) |
| Filing 6 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Ross Dress for Less, Inc. identifying Corporate Parent Ross Stores, Inc. for Ross Dress for Less, Inc. (Ieraci, Daniel) |
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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 3/13/2023. (eca)
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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 (and responses to 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 (and responses).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 3/13/2023. (eca) |
| Filing 3 Bar Letter re: Admissions sent to attorney Lianibet Morejon, mailing date March 7, 2023. (cw) |
| 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 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. (aao) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Babayoff, Rachel v. Ross Dress for Less, Inc.) Filing fee $ 402.00 receipt number AFLSDC-16396212, filed by Ross Dress for Less, Inc.. (Attachments: #1 Exhibit Pl.'s Compl., #2 Exhibit Return of Service, #3 Exhibit Pl.'s Demand Package, #4 Exhibit Fla. Division of Corporations Detail by Entity Name, #5 Exhibit Notice of Removal (Broward), #6 Exhibit Broward Docket Pleadings and Docket Entries, #7 Civil Cover Sheet Southern District Civil Cover Sheet)No Answer/Motion to Dismiss.(Ieraci, Daniel) Modified text on 3/6/2023 (aao). |
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