Clinch v. C&S Wholesale Services, Inc.
| Vincent Clinch |
| C&S Wholesale Services, Inc. |
| 1:2020cv23737 |
| September 9, 2020 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 22 Transmittal Letter Sent with Order Remanding to State Court to: 11th Judicial Circuit in and for Miami Dade County Florida. State Court Case Number: 20-016311-CA-01 (Attachments: #1 Oder) (mee) |
Filing 21
Order Remanding to State Court. Closing Case. Denied as moot: #11 Defendant's MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM with Prejudice and Supporting Memorandum of Law filed by C&S Wholesale Services, Inc. Signed by Judge Robert N. Scola, Jr on 10/28/2020. See attached document for full details. (mee)
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| Filing 20 Second AMENDED COMPLAINT against Vincent Clinch, filed by Vincent Clinch.(Hernandez, Henry) |
| Filing 19 NOTICE by Vincent Clinch re 13 Order on Motion to Remand,,,,,,,,, #18 Response/Reply (Other), #15 Notice (Other) Plaintiff's Notice of Filing Supplemental Documents (Attachments: #1 Exhibit A) (Hernandez, Henry) |
| Filing 18 Plaintiff's RESPONSE to #16 Response/Reply (Other) PLAINTIFFS REPLY TO DEFENDANTS RESPONSE TO PLAINTIFFS NOTICE OF FILING REASONABLE ESTIMATE OF DAMAGES AND MITIGATION AND RESPONSE TO MOTION FOR REMAND by Vincent Clinch. (Hernandez, Henry) |
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Filing 17
PAPERLESS ORDER TO RESPOND: On October 21, 2020, the Plaintiff filed his notice detailing a reasonable estimate of his damages #15 , in compliance with the Court's order 13 . That same day, the Defendant filed a response to the Plaintiff's notice raising arguments challenging the Plaintiff's damages estimate #16 . The Plaintiff is ordered to file a reply to the Defendant's response by October 26, 2020. Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 16 Defendant's RESPONSE to #15 Notice (Other) of Filing Reasonable Estimate of Damages and Mitigation by C&S Wholesale Services, Inc.. (Spritz, Stephanie) |
| Filing 15 NOTICE by Vincent Clinch of Filing Reasonable Estimate of Damages and Mitigation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Hernandez, Henry) |
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Filing 14
SCHEDULING ORDER AND ORDER OF REFERRAL TO MEDIATION: Jury Trial set for 9/27/2021 before Judge Robert N. Scola Jr. Calendar Call set for 9/21/2021 at 09:00 AM in Miami Division before Judge Robert N. Scola Jr. ORDER REFERRING CASE to Mediation. Mediation Deadline 6/16/2021. Signed by Judge Robert N. Scola, Jr on 10/14/2020. See attached document for full details. (mee)
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Filing 13
PAPERLESS ORDER: denying without prejudice the Plaintiff's motion to remand to state court. #9 . In his motion to remand, the Plaintiff appears to agree with the Defendant that his potential backpay through the date of removal is $88,500.00, but contends that damages figure does not "account for Plaintiff mitigating his damages" by working since his termination by the Defendant on February 7, 2019 and the date of removal on September 9, 2020. (ECF No. 9, at 3.) The Plaintiff argues as a result of his mitigation that $75,000.00 is not in controversy between the parties and suggests the Court therefore lacks jurisdiction pursuant 28 U.S.C. 1332. (ECF No. 9, at 3.) While the Court does not question that the Plaintiff may have mitigated his damages, the Plaintiff provides no basis in his motion for the Court to determine to what extent the Plaintiff mitigated his damages and whether that mitigation is sufficient to defeat diversity jurisdiction. Moreover, the Defendant noted in its notice of removal that the Plaintiff may recover the "cost of benefits provided to Plaintiff" but fails to indicate what the value of those benefits may be. (ECF No. 1, at 3.) The Plaintiff is ordered by October 21, 2020 to provide to the Court with a reasonable estimate of the Plaintiff's damages, including the amount of any mitigation of such damages and the value of any benefits that may be recovered by the Plaintiff. The mitigation of any damages and value of any benefits may only be calculated through the date of removal. Leonard v. Enterprise Rent a Car, 279 F.3d 967, 972 (11th Cir. 2002) (for purposes of challenging subject matter jurisdiction, the "critical time is the date of removal... [i]f jurisdiction was proper at that date, subsequent events, even the loss of the required amount in controversy will not operate to divest the court of jurisdiction."). As a court of limited jurisdiction, the Court notes to the parties it has a continuing obligation to ensure it has subject matter jurisdiction over any matters that come before the Court. See Klayman v. Obama, No. 15-81023-Civ, 2015 WL 5269958, at *2 (S.D. Fla. Sept. 10, 2015) (Marra, J.). Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by C&S Wholesale Services, Inc. (Attachments: #1 Text of Proposed Order)(Spritz, Stephanie) |
| Filing 11 Defendant's MOTION TO DISMISS #7 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM with Prejudice and Supporting Memorandum of Law by C&S Wholesale Services, Inc.. Responses due by 10/28/2020 (Spritz, Stephanie) |
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Filing 10
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 10/6/2020. See attached document for full details. (mdc)
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| Filing 9 Plaintiff's MOTION to Remand and Incorporated Memorandum of Law by Vincent Clinch. (Attachments: #1 Order)(Hernandez, Henry) |
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Filing 8
PAPERLESS ORDER: denying as moot the Defendant's motion to dismiss. #4 . The filing of Plaintiff's amended complaint #7 moots the motion to dismiss the prior pleading. See Taylor v. Alabama, 275 F. App'x 836, 838 (11th Cir. 2008) (noting that when the plaintiffs amended their complaint the defendants' motion to dismiss became moot). Signed by Judge Robert N. Scola, Jr. (sda)
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| Filing 7 Plaintiff's AMENDED COMPLAINT against C&S Wholesale Services, Inc., filed by Vincent Clinch.(Hernandez, Henry) |
| Filing 6 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Vincent Clinch (Hernandez, Henry) |
| Filing 5 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by C&S Wholesale Services, Inc. (Spritz, Stephanie) |
| Filing 4 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM or in the Alternative, MOTION for More Definite Statement and Supporting Memorandum of Law by C&S Wholesale Services, Inc.. Responses due by 9/30/2020 (Spritz, Stephanie) |
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Filing 3
ORDER REQUIRING DISCOVERY AND SCHEDULING CONFERENCE AND ORDER REFERRING DISCOVERY MATTERS TO THE MAGISTRATE JUDGE.REFERRING CASE to Magistrate Judge Edwin G. Torres for all discovery matters. Signed by Judge Robert N. Scola, Jr on 9/9/2020. See attached document for full details. (mee)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number AFLSDC-13490654, no answer/affirmative defenses filed by C&S Wholesale Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-State Court Pleadings, #3 Exhibit B-Florida Secretary of State Division of Corporations Entity Detail, #4 Affidavit C-Affidavit of Warrine Guillou in Support of Removal)(Spritz, Stephanie) Text Modified on 9/9/2020 (mee). |
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| Defendant: C&S Wholesale Services, Inc. | |
| Represented By: | Stephanie M. Spritz |
| Represented By: | Mendy Halberstam |
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| Plaintiff: Vincent Clinch | |
| Represented By: | Monica Espino |
| Represented By: | Henry Hernandez |
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