PEREZ GALLO et al v. BJ'S WHOLESALE CLUB, INC. et al
Plaintiff: LEONARDO CARABELLO and CIARA PEREZ GALLO
Defendant: SHARKNINJA OPERATING, LLC, NUTRIBULLET, LLC, BJ'S WHOLESALE CLUB, INC. and CAPITAL BRANDS, LLC
Case Number: 1:2020cv22907
Filed: July 14, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Jonathan Goodman
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2020 Filing 30 NOTICE of Mediation Hearing. Mediation Hearing set for February 26, 2021, 12:00 p.m.. (Arrizabalaga, Markel)
August 17, 2020 Opinion or Order Filing 29 ORDER SCHEDULING MEDIATION. Mediation Hearing set for 2/26/2021 at 12:00 PM before Markel Arrizabalaga. Signed by Judge Cecilia M. Altonaga on 8/17/2020. See attached document for full details. (mee)
July 31, 2020 Opinion or Order Filing 28 ORDER STRIKING #27 Notice of Unavailability filed by CIARA PEREZ GALLO. Signed by Judge Cecilia M. Altonaga on 7/31/2020. See attached document for full details. (wc)
July 30, 2020 Filing 27 (STRICKEN by DE#28 .) NOTICE OF UNAVAILABILITY by CIARA PEREZ GALLO for dates of August 8, 2020 through September 7, 2020 (Cohen, Michael) Modified to reflect "stricken" on 7/31/2020 (wc).
July 29, 2020 Filing 26 Corporate Disclosure Statement by BJ'S WHOLESALE CLUB, INC. identifying Corporate Parent BJ's Wholesale Club Holdings, Inc., Other Affiliate BlackRock, Inc. for BJ'S WHOLESALE CLUB, INC. (Majcak, David)
July 29, 2020 Filing 25 Clerks Notice to Filer re #18 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (mc)
July 28, 2020 Opinion or Order Filing 24 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 7/28/2020. See attached document for full details. (fbn) (Main Document 24 replaced on 7/28/2020) (fbn).
July 28, 2020 Opinion or Order Filing 23 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 7/6/2021 before Judge Cecilia M. Altonaga. Calendar Call set for 6/29/2021 at 09:00 AM before Judge Cecilia M. Altonaga. ORDER REFERRING CASE to Mediation. Mediation Deadline 3/15/2021. ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Cecilia M. Altonaga on 7/28/2020. See attached document for full details. (mee)
July 27, 2020 Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by SHARKNINJA OPERATING, LLC (Attachments: #1 Exhibit EX A - ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE)(Spurr, Dale)
July 27, 2020 Filing 21 STATUS REPORT by SHARKNINJA OPERATING, LLC (Spurr, Dale)
July 27, 2020 Filing 20 ANSWER and Affirmative Defenses to Complaint with Jury Demand by SHARKNINJA OPERATING, LLC. (Spurr, Dale)
July 27, 2020 Filing 19 NOTICE of Voluntary Dismissal as to Defendants, Nutribullet, LLC and Capital Brands, LLC by CIARA PEREZ GALLO (Cohen, Michael)
July 27, 2020 Filing 18 Corporate Disclosure Statement by BJ'S WHOLESALE CLUB, INC. (Majcak, David)
July 24, 2020 Opinion or Order Filing 17 ORDER Defendants, Nutribullet, LLC and Capital Brands, LLC, will comply with the July 15, 2020 Order [ECF No. 9] by 7/29/2020. Attorney Mark K. Suzumoto shall, no later than July 27, 2020, serve Defendants with copies of this Order. Signed by Judge Cecilia M. Altonaga on 7/24/2020. See attached document for full details. (ps1)
July 24, 2020 Filing 16 NOTICE of Attorney Appearance by David Joseph Majcak on behalf of BJ'S WHOLESALE CLUB, INC. (Majcak, David)
July 24, 2020 Filing 15 Certificate of Interested Parties by United States Attorney (Cohen, Michael) Modified text on 7/24/2020 (wc).
July 17, 2020 Filing 14 Clerks Notice to Filer re #12 Notice (Other),,,,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 13 . It is not necessary to refile this document. (cbr)
July 17, 2020 Filing 13 Amended Notice of Removal By Defendant against All Plaintiffs, filed by SHARKNINJA OPERATING, LLC. See DE #12 for image(cbr)
July 17, 2020 Filing 12 NOTICE by SHARKNINJA OPERATING, LLC re #11 Order,, Set/Reset Deadlines, AMENDED NOTICE OF REMOVAL BY DEFENDANT (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EX B-1 CIVIL COVER SHEET, #3 Exhibit EX B-2 COMPLAINT, #4 Exhibit EX B-3 NOA, #5 Exhibit EX B-4 SUMMONS CAPITAL BRANDS LLC, #6 Exhibit EX B-5 SUMMONS NUTRIBULLET LLC, #7 Exhibit EX B-6 SUMMONS BJS, #8 Exhibit EX B-7 BJS FIRST RFP TO PLF, #9 Exhibit EX B-8 NOA BJS, #10 Exhibit EX B-9 BJS MTN FOR MORE DEFINITE STATEMENT, #11 Exhibit EX B-10 ROS BJS, #12 Exhibit EX B-11 ROS NUTRIBULLET, #13 Exhibit EX B-12 ROS CAPITAL BRANDS, #14 Exhibit EX B-13 PLF RRFP TO BJS, #15 Exhibit EX B-14 AMENDED COMPLAINT, #16 Exhibit EX B-15 SHARKNINJA SUMMONS, #17 Exhibit EX B-16 SHARKNINJA ROS, #18 Exhibit EX B-17 BJS 2ND RFP TO PLF, #19 Exhibit EX B-18 BJS ROGS - LOSS OF CONSORTIUM, #20 Exhibit EX B-19 BJS MEDICAL SPECIAL ROGS TO PLF, #21 Exhibit EX B-20 PERSONAL INJURY ROGS TO PLF, #22 Exhibit EX B-21 BJS ANSWER, #23 Exhibit EX B-22 RFP TO SHARKNINJA, #24 Exhibit EX B-23 NOA SHARKNINJA, #25 Exhibit EX C - DEMAND) (Spurr, Dale)
July 15, 2020 Opinion or Order Filing 11 ORDER that Defendant, SharkNinja Operating, LLC, shall file an amended notice of removal indicating the citizenships of Co-Defendants Wholesale Club, Inc.; Nutribullet, LLC; and Capital Brands, LLC, no later than July 17, 2020, failing which the case will be remanded to the Circuit Court for the Eleventh Circuit in and for Miami-Dade County. Signed by Judge Cecilia M. Altonaga on 7/15/2020. See attached document for full details. (wc)
July 15, 2020 Filing 10 NOTICE of Attorney Appearance by Michael Seth Cohen on behalf of CIARA PEREZ GALLO (Cohen, Michael)
July 15, 2020 Opinion or Order Filing 9 ORDER that Defendants Nutribullet, LLC and Capital Brands, LLC, shall retain counsel permitted to practice before the Court and notify the Court of such no later than July 23, 2020. Attorney Mark K. Suzumoto shall, no later than July 16, 2020, serve Defendants with copies of this Order. Signed by Judge Cecilia M. Altonaga on 7/15/2020. See attached document for full details. (wc)
July 15, 2020 Opinion or Order Filing 8 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 7/27/2020. Signed by Judge Cecilia M. Altonaga on 7/15/2020. See attached document for full details. (ps1)
July 15, 2020 Opinion or Order Filing 7 ORDER in Removal Cases; Removal Status Report due by 7/27/2020. Signed by Judge Cecilia M. Altonaga on 7/15/2020. See attached document for full details. (ps1)
July 15, 2020 Filing 6 Bar Letter re: Admissions sent to attorney Mark K. Suzumoto, mailing date July 15, 2020, (pt)
July 15, 2020 Filing 5 Corporate Disclosure Statement by SHARKNINJA OPERATING, LLC (Spurr, Dale)
July 15, 2020 Filing 4 NOTICE of Attorney Appearance by Dale Jay Spurr on behalf of SHARKNINJA OPERATING, LLC (Spurr, Dale)
July 15, 2020 Filing 3 NOTICE of Attorney Appearance by Dale Jay Spurr on behalf of SHARKNINJA OPERATING, LLC (Spurr, Dale)
July 15, 2020 Attorney David Joseph Majcak terminated as to plaintiff's Ciara Perez Gallo and Leonardo Carabello. (asl)
July 14, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. 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. (mee)
July 14, 2020 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Notice of Removal by Defendant) Filing fee $ 400.00 receipt number FLSDC-13178709, filed by SHARKNINJA OPERATING, LLC. Answer and affirmative defenses filed (Attachments: #1 Exhibit EX A - AMENDED COMPLAINT, #2 Exhibit EX B-1 CIVIL COVER SHEET, #3 Exhibit EX B-2 COMPLAINT, #4 Exhibit EX B-3 PLF NOA, #5 Exhibit EX B-4 SUMMONS CAPITAL BRANDS LLC, #6 Exhibit EX B-5 SUMMONS NUTRIBULLET LLC, #7 Exhibit EX B-6 SUMMONS BJS, #8 Exhibit EX B-7 BJS FIRST RFP TO PLF, #9 Exhibit EX B-8 NOA BJS, #10 Exhibit EX B-9 BJS MTN FOR MORE DEFINITE STATEMENT, #11 Exhibit EX B-10 ROS BJS, #12 Exhibit EX B-11 ROS NUTRIBULLET, #13 Exhibit EX B-12 ROS CAPITAL BRANDS, #14 Exhibit EX B-13 PLF RRFP TO BJS, #15 Exhibit EX B-14 AMENDED COMPLAINT, #16 Exhibit EX B-15 SHARKNINJA SUMMONS, #17 Exhibit EX B-16 SHARKNINJA ROS, #18 Exhibit EX B-17 BJS 2ND RFP TO PLF, #19 Exhibit EX B-18 BJS ROGS - LOSS OF CONSORTIUM, #20 Exhibit EX B-19 BJS MEDICAL SPECIAL ROGS TO PLF, #21 Exhibit EX B-20 PERSONAL INJURY ROGS TO PLF, #22 Exhibit EX B-21 BJS ANSWER, #23 Exhibit EX B-22 RFP TO SHARKNINJA, #24 Exhibit EX B-23 NOA SHARKNINJA, #25 Exhibit EX C - DEMAND, #26 Civil Cover Sheet CIVIL COVER SHEET)(Spurr, Dale)Text Modified on 7/15/2020 (mee).

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Plaintiff: LEONARDO CARABELLO
Represented By: Michael Seth Cohen
Represented By: David Joseph Majcak
Represented By: Matthew Alan Karp
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Plaintiff: CIARA PEREZ GALLO
Represented By: Michael Seth Cohen
Represented By: David Joseph Majcak
Represented By: Matthew Alan Karp
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Defendant: SHARKNINJA OPERATING, LLC
Represented By: Dale Jay Spurr
Represented By: Daniel Joseph Santaniello
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Defendant: NUTRIBULLET, LLC
Represented By: Mark K. Suzumoto
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Defendant: BJ'S WHOLESALE CLUB, INC.
Represented By: David Joseph Majcak
Represented By: Rodney Janis
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Defendant: CAPITAL BRANDS, LLC
Represented By: Mark K. Suzumoto
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