DE SOUSA v. BJ'S WHOLESALE CLUB INC.
| MONICA DE SOUSA |
| BJ'S WHOLESALE CLUB INC. |
| 0:2023cv60471 |
| March 13, 2023 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Jose E Martinez |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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Filing 17
ORDER STAYING AND CLOSING CASE. Motions terminated: #16 Defendant's MOTION Unopposed Motion to Enforce Arbitration Agreement or, in the Alternative, Stay Proceedings re #1 Notice of Removal (State Court Complaint), filed by BJ'S WHOLESALE CLUB INC.. Signed by Judge Jose E. Martinez on 3/31/2023. See attached document for full details. (pc)
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| Filing 16 Defendant's MOTION Unopposed Motion to Enforce Arbitration Agreement or, in the Alternative, Stay Proceedings re #1 Notice of Removal (State Court Complaint), by BJ'S WHOLESALE CLUB INC.. (Attachments: #1 Exhibit A - Affidavit of Kirstin Stuhr, #2 Exhibit B - De Sousa Application with Arbitration Clause)(Goodman, Holly) |
| Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by BJ'S WHOLESALE CLUB INC. identifying Corporate Parent BJ's Wholesale Club Holdings, Inc. for BJ'S WHOLESALE CLUB INC. (Goodman, Holly) |
| Filing 14 STATUS REPORT (Removal Status Report) by BJ'S WHOLESALE CLUB INC. (Goodman, Holly) |
| Filing 13 NOTICE of Compliance With Notice of Practice in Removal Cases [DE6] by BJ'S WHOLESALE CLUB INC. re #6 Notice of Court Practice/to Appear/Other, Set/Reset Deadlines (Attachments: #1 Exhibit A - Docket Sheet dated 03-28-2023, #2 Exhibit B - Complaint, #3 Exhibit C - Civil Cover Sheet, #4 Exhibit D - Clerk's Certificate of Compliance, #5 Exhibit E - Action Summons Issued by Clerk, #6 Exhibit F - Return of Service, #7 Exhibit G - Summons (Served on 02-24-2023), #8 Exhibit H - Defendant BJ's Wholesale Club, Inc.'s Notice of Filing Notice of Removal to Federal Court) (Goodman, Holly) |
| Filing 12 Notice of Pending, Refiled, Related or Similar Actions by MONICA DE SOUSA (Horowitz, Max) |
| Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MONICA DE SOUSA (Horowitz, Max) |
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Filing 10
ORDER granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mario Demond Nimock. Signed by Judge Jose E. Martinez on 3/24/2023. See attached document for full details. (drz)
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Filing 9
PAPERLESS ORDER granting #8 Motion for Extension of Time to File Response to Complaint. Defendant shall respond to the Complaint on or before March 31, 2023. Signed by Judge Jose E. Martinez on 3/22/2023. (ah05)
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| Set/Reset Response/Answer Due Deadline per order de#9: BJ'S WHOLESALE CLUB INC. response/answer due 3/31/2023. (drz) |
| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by BJ'S WHOLESALE CLUB INC.. (Attachments: #1 Text of Proposed Order Order Granting Defendant's Unopposed Motion for Extension of Time for Defendant to File a Responsive Pleading)(Goodman, Holly) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mario Demond Nimock. Filing Fee $ 200.00 Receipt # AFLSDC-16438074 by BJ'S WHOLESALE CLUB INC.. Responses due by 3/30/2023 (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing)(Goodman, Holly) |
| Filing 6 Notice of Court Practice in Removal Cases. (Status Report due by 3/28/2023.) Signed by Judge Jose E. Martinez on 3/14/2023. See attached document for full details. (pc) |
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Filing 5
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: (Jury Trial set for 3/25/2024 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 3/21/2024 01:30 PM in Miami Division before Judge Jose E. Martinez.) (Mediation Deadline 1/25/2024.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 3/14/2023. See attached document for full details. (pc) #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 4 Bar Letter re: Admissions sent to attorney Mario D. Nimock, mailing date March 14, 2023, (pt) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16423638, filed by BJ'S WHOLESALE CLUB INC.. (Attachments: #1 Exhibit State Court Pleadings and Docket, #2 Exhibit State Court Notice of Filing Notice of Removal, #3 Civil Cover Sheet Federal Civil Cover Sheet)(Goodman, Holly) Modified on 3/14/2023 (drz). ( No Answer, Affirmative Defenses or Motion to Dismiss filed in State Court) |
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| Plaintiff: MONICA DE SOUSA | |
| Represented By: | Max Lloyd Horowitz |
| Represented By: | Ruben Martin Saenz |
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| Defendant: BJ'S WHOLESALE CLUB INC. | |
| Represented By: | Holly Griffin Goodman |
| Represented By: | Mario D. Nimock |
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