Marquez v. Costco Wholesale Corporation
| Luz Marquez |
| Costco Wholesale Corporation |
| 1:2019cv24970 |
| December 3, 2019 |
| US District Court for the Southern District of Florida |
| Marcia G Cooke |
| Jonathan Goodman |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12182 |
| Defendant |
Docket Report
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This docket was last retrieved on July 21, 2021. A more recent docket listing may be available from PACER.
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Filing 42
ORDER granting #29 Defendant's Motion for Summary Judgment. The Court will enter a separate final judgment. The Court will reserve jurisdiction to enter an award for costs and, if applicable, attorney's fees. All trials, hearings and status conferences are cancelled. All pending motions are denied without prejudice as moot. Signed by Magistrate Judge Jonathan Goodman on 7/21/2021. See attached document for full details. (dw00)
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Filing 41
SCHEDULING ORDER. Jury Trial set for 1/24/2022 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The Court has reserved five days for this trial. Final Pretrial Conference set for 1/12/2022 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 3/29/2021. See attached document for full details. (km03) #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 40
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Scheduling Conference held on 3/26/2021. A Special Set Trial date of January 24, 2022 at 9:30 AM. A Scheduling Order with the remaining deadlines to follow. Total time in court: 20 minutes. Attorney Appearance(s): John T. Murray, Renate M. Walker, Anthony Joseph Perez, Beverly Berkowitz. (Digital JG_02_03-26-2021) (fbn)
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Filing 39
PAPERLESS ORDER setting Trial Scheduling Conference for 3/26/2021 at 10:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. All counsel shall have their calendars available so that the Court can pinpoint a new special set trial date workable to all counsel and the Court. The parties are advised that they will be able to obtain a special set Zoom bench trial earlier (and perhaps significantly earlier) than an in-court jury trial. The parties should discuss this possibility with their clients before the hearing. The parties should advise the Undersigned of their positions only if they both want a special set Zoom trial. The parties should not tell me of their respective positions unless it is mutual consent. For example, I do not want a party to advise me: "Judge, we were fine with having you as the presiding judge in a bench trial but the other side refused."Attendance may be made by following the call-in procedures: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. If feasible, counsel who will be arguing the motion or speaking at the hearing must dial in from a landline; cellphone attendees other than the primary participating attorneys (such as co-counsel, members of the public, etc.), after noting their appearances, must remain on mute. The Undersigned prefers that the primary advocate attorneys use a landline, but the Court understands that attorneys may now be working remotely and lack land line access, so those attorneys may use cell phones without placing them on mute.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Magistrate Judge Jonathan Goodman on 3/22/2021. (km03)
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Filing 38
Plaintiff's MOTION in Limine PLAINTIFF LUZ MARQUEZS MOTION IN LIMINE by Luz Marquez. (Perez, Anthony)
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Filing 37
Defendant's MOTION in Limine by Costco Wholesale Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Quintana, Marlene)
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Filing 36
FINAL MEDIATION REPORT by Karen Evans. Disposition: Case did not settle.(Evans, Karen)
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Filing 35
Joint NOTICE of Mediator Selection and Hearing. Selected/Added Karen Evans as Mediator. Mediation Hearing set for 2/17/2021 at 10:00 a.m.. (Attachments: #1 Text of Proposed Order)(Quintana, Marlene)
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Filing 34
Statement of: Reply Statement of Material Facts by Costco Wholesale Corporation re #30 Statement, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Quintana, Marlene)
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Filing 33
REPLY to Response to Motion re #29 Defendant's MOTION for Summary Judgment and Memorandum of Law filed by Costco Wholesale Corporation. (Quintana, Marlene)
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Filing 32
Statement of: Material Facts PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF MATERIAL FACTS by Luz Marquez re #30 Statement, (Attachments: #1 Exhibit Exhibit A to Statement of Facts, #2 Exhibit Exhibit A to Declaration, #3 Exhibit Exhibit B to Declaration, #4 Exhibit Exhibit B to Statement of Facts)(Perez, Anthony)
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Filing 31
RESPONSE in Opposition re #29 Defendant's MOTION for Summary Judgment and Memorandum of Law PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Luz Marquez. Replies due by 1/20/2021. (Perez, Anthony)
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Filing 30
Statement of: of Material Facts by Costco Wholesale Corporation re #29 Defendant's MOTION for Summary Judgment and Memorandum of Law (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Quintana, Marlene)
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Filing 29
Defendant's MOTION for Summary Judgment and Memorandum of Law by Costco Wholesale Corporation. Responses due by 1/19/2021 (Quintana, Marlene)
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Filing 28
PAPERLESS ORDER denying #27 Motion for Extension of Time. The parties seem to have forgotten the history underlying this lawsuit as it relates to trial scheduling and trial-related deadlines, such as the dispositive motion deadline which the parties want to extend at the eleventh hour.We had a trial scheduling hearing on April 8, 2020 [ECF No. 23]. In that hearing, I advised the parties that they are the masters of their own trial scheduling order. I told them about my deadline for dispositive motions and why I needed the time between the deadline and issuing a ruling on those motions. I asked the parties to build in some wiggle room for the inevitable delays.Most importantly, I advised the parties that a routine, garden-variety motion to continue the trial or to extend deadlines would likely be denied. In fact, I even provided an illustration of the type of motion likely to be denied (i.e., "we've been taking discovery, judge, we ran into some delays, we have only a few more depositions to take and we need a bit more time for discovery and filing dispositive motions").Based on those comments, the parties agreed to the trial scheduling order [ECF No. 24]. which requires dispositive motions to be filed at least 120 days before trial. I did not unilaterally set a trial date. Likewise, I did not pick the deadlines without obtaining consent from both sides. The trial date and the deadlines were established by agreement, after full disclosure of my preferences and my suggestion that the parties give themselves more time for discovery because delays almost always occur (and almost always undermine plans). The parties then recently filed a joint motion to extend discovery, which I granted (because it would not impact the time in which I had to review and rule upon case dispositive motions). See ECF No. 26.Significantly, in the Order granting a modest enlargement of the discovery deadline, I specifically and unequivocally said that "all other deadlines in the scheduling order remain intact."Despite the comprehensive discussion at the trial scheduling hearing and the clear-cut directive that the modest discovery extension would not impact existing deadlines, the parties now want to enlarge the dispositive motion deadline.For the reasons outlined above (and for the reasons discussed in detail at the trial scheduling hearing), the Undersigned denies the motion. Signed by Magistrate Judge Jonathan Goodman on 12/21/2020. (JG)
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Filing 27
Joint MOTION for Extension of Time TO EXTEND THE DISPOSITIVE MOTION DEADLINES re #24 Scheduling Order,, by Luz Marquez. Responses due by 1/4/2021 (Attachments: #1 Text of Proposed Order)(Perez, Anthony)
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Filing 26
PAPERLESS ORDER granting #25 Plaintiff's Unopposed Motion for Extension of Time of Discovery Cutoff Deadline. The parties shall have an additional two weeks to conduct discovery. All other deadlines in the scheduling order remain intact. Signed by Magistrate Judge Jonathan Goodman on 11/10/2020. (km03)
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Filing 25
Unopposed MOTION for Extension of Time of Discovery Cutoff Deadline by Luz Marquez. (Attachments: #1 Text of Proposed Order Order Granting Plaintiff's Motion for Extension of Time of the Discovery Cut-off Date)(Perez, Anthony)
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Filing 24
SCHEDULING ORDER. Jury Trial set for 5/3/2021 at 09:30 AM in the Miami Division before Magistrate Judge Jonathan Goodman. The Court has reserved 5 days for this trial. Final Pretrial Conference set for 4/26/2021 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. Signed by Magistrate Judge Jonathan Goodman on 4/9/2020. See attached document for full details. (km03) #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 23
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Telephonic Scheduling Conference held on 4/8/2020. The Court orders a Special set trial date of May 3, 2021 at 9:30am. Fact Discovery Deadline October 16, 2020. A Scheduling Order with the remaining deadlines to follow. Total time in court: 32 minutes. Attorney Appearance(s): Marlene Quintana, John T. Murray, Renate M. Walker, Anthony Joseph Perez, (Digital JG_02_4-8-2020) (fbn)
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Filing 22
PAPERLESS ORDER setting Telephonic Scheduling Conference for 4/8/2020 at 02:30 PM in the Miami Division before Magistrate Judge Jonathan Goodman. The parties shall abide by the following call-in procedure: (1) dial 1-888-684-8852; (2) enter Access Code Number 8004594, followed by the # sign; and (3) enter Security Code Number 1213, followed by the # sign. All counsel shall have their calendars available so that the Court can pinpoint a special set trial date workable to all counsel and the Court. Signed by Magistrate Judge Jonathan Goodman on 4/2/2020. (km03)
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Filing 21
PAPERLESS ORDER granting #19 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Renate M. Walker. Signed by Magistrate Judge Jonathan Goodman on 4/1/2020. (km03)
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Filing 20
PAPERLESS ORDER granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney John T. Murray. Signed by Magistrate Judge Jonathan Goodman on 4/1/2020. (km03)
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Filing 19
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Renate M. Walker. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #9 Motion to Appear Pro Hac Vice, by Costco Wholesale Corporation. Responses due by 3/12/2020 (Attachments: #1 Exhibit A, #2 Exhibit A, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 18
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John T. Murray. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #8 Motion to Appear Pro Hac Vice, by Costco Wholesale Corporation. Responses due by 3/12/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 17
PAPERLESS ORDER denying #8 #9 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys John T. Murray and Renate M. Walker. Local counsel did not consent to electronically serve all documents and things that may be served electronically or consent to serving documents in compliance with the CM/ECF Administrative Procedures. Signed by Magistrate Judge Jonathan Goodman on 2/26/2020. (km03)
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Filing 16
ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Trial. Judge Marcia G. Cooke no longer assigned as presider judge in case. Signed by Judge Marcia G. Cooke on 2/13/2020. See attached document for full details. (ar2)
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Filing 15
NOTICE of Compliance with Court Order by Costco Wholesale Corporation re #7 Order Referring Case to Magistrate Judge (Quintana, Marlene)
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Filing 14
Defendant's RESPONSE to #12 Statement, #7 Order Referring Case to Magistrate Judge Plaintiff's Statement of Claim by Costco Wholesale Corporation. (Quintana, Marlene)
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Filing 13
Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Costco Wholesale Corporation (Quintana, Marlene)
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Filing 12
Statement of: Claim Plaintiff, Luz Marquez' Statement of Claim and Response to Order of Court-Mandated Requirements in ADA-Based Cases by Luz Marquez re #7 Order Referring Case to Magistrate Judge (Perez, Anthony)
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Filing 11
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Costco Wholesale Corporation (Quintana, Marlene)
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Filing 10
Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand by Costco Wholesale Corporation. (Quintana, Marlene)
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Filing 9
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Renate M. Walker. Filing Fee $ 75.00 Receipt # 113C-12311379 by Costco Wholesale Corporation. Responses due by 1/30/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 8
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John T. Murray. Filing Fee $ 75.00 Receipt # 113C-12311361 by Costco Wholesale Corporation. Responses due by 1/30/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Quintana, Marlene)
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Filing 7
ORDER OF REFERRAL AND ORDER REGARDING COURT PRACTICES AND PROCEDURES. Signed by Judge Marcia G. Cooke on 1/8/2020. See attached document for full details. (ar2)
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Filing 6
ENDORSED ORDER granting #5 Motion for Extension of Time. Defendant's response to the complaint is due no later than January 16, 2020. Signed by Judge Marcia G. Cooke on 12/20/2019. (rrt)
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Filing 5
Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint by Costco Wholesale Corporation. Attorney Marlene Quintana added to party Costco Wholesale Corporation(pty:dft). (Attachments: #1 Exhibit A)(Quintana, Marlene)
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Filing 4
SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luz Marquez. Costco Wholesale Corporation served on 12/5/2019, answer due 12/26/2019. (Perez, Anthony)
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Filing 3
Summons Issued as to Costco Wholesale Corporation. (ar2)
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Filing 2
Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (ar2)
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Filing 1
COMPLAINT against Costco Wholesale Corporation. Filing fees $ 400.00 receipt number 113C-12194650, filed by Luz Marquez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Perez, Anthony)
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| Plaintiff: Luz Marquez | |
| Represented By: | Anthony Joseph Perez |
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| Defendant: Costco Wholesale Corporation | |
| Represented By: | John T. Murray |
| Represented By: | Marlene Quintana |
| Represented By: | Renate M. Walker |
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