URBANEJA v. HOLIDAY CVS, L.L.C.
| DIEGO URBANEJA |
| HOLIDAY CVS, L.L.C. a Florida Limited Company doing business as CVS PHARMACY #04201 |
| 0:2023cv61309 |
| July 10, 2023 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Donald M Middlebrooks |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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Filing 11
ORDER Closing Case. Signed by Judge Donald M. Middlebrooks on 8/22/2023. See attached document for full details. (nwn)
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| Filing 10 STIPULATION of Dismissal by Plaintiff, Diego Urbaneja, and by HOLIDAY CVS, L.L.C. (Liro, Jacob) |
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Filing 9
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. Plaintiff filed a Notice of Voluntary Dismissal with Prejudice on August 14, 2023. (DE #8 ). However, the notice is ineffective pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), which provides that a plaintiff may not voluntarily dismiss an action if the opposing party has already served an answer or motion for summary judgment. Defendant has filed an Answer. (DE #3 ). Therefore, to properly dismiss this action, a joint stipulation of dismissal signed by all parties must be filed. Fed. R. Civ. P. 41(a)(1)(A)(ii). The Parties shall file a joint stipulation of dismissal on or by August 25, 2023. Signed by Judge Donald M. Middlebrooks on 8/25/2023. (kal)
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| Filing 8 NOTICE of Voluntary Dismissal by DIEGO URBANEJA (Aguirre, Jose) |
| Filing 7 PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 9/7/2023., All Discovery due by 12/28/2023., Joinder of Parties due by 9/7/2023., In Limine Motions due by 1/11/2024., Motions due by 1/11/2024., Pretrial Stipulation due by 2/12/2024.), and ORDER REFERRING CASE to Mediation. Signed by US Magistrate Judge Panayotta D. Augustin-Birch on 7/31/2023. See attached document for full details. (ls) |
| Filing 6 PAPERLESS Minute Entry for proceeding held before US Magistrate Judge Panayotta D Augustin-Birch: Scheduling Conference held on 7/31/2023. Total time in court: 0 hours : 15 minutes. Attorney Appearances: Jacob J Liro, Jose E Aguirre. (sk01) |
| Filing 5 PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on July 31, 2023, at 2:30 p.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 7/20/2023. (sk01) |
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/11/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/6/2024 01:15 PM before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to US Magistrate Judge Panayotta D Augustin-Birch for Judge Panayotta Augustin-Birch to conduct a Scheduling Conference, with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 7/20/2023. See attached document for full details. (cqs)
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| Filing 3 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by HOLIDAY CVS, L.L.C.. (Liro, Jacob) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-16752118, filed by HOLIDAY CVS, L.L.C.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 - State Court Complaint & Composite Exhibit, #3 Exhibit 2 - Plaintiff's Demand Letter, #4 Exhibit 3 - Holiday CVS 2023 Annual Report, #5 Exhibit 4 - Notice of Filing Notice of Removal (State Court))(Liro, Jacob) No Answer/Motion To Dismiss Filed. Modified text & attachment description on 7/10/2023 (nwn). |
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| Plaintiff: DIEGO URBANEJA | |
| Represented By: | Jose E Aguirre |
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| Defendant: HOLIDAY CVS, L.L.C. a Florida Limited Company doing business as CVS PHARMACY #04201 | |
| Represented By: | Michael Leonard McCoy |
| Represented By: | Jacob J Liro |
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