McCarthy v. Liebherr-America, Inc.
| Luis McCarthy |
| Liebherr-America, Inc. |
| 1:2021cv22227 |
| June 17, 2021 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Labor: Other |
| 29 U.S.C. ยง 0754 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2021. A more recent docket listing may be available from PACER.
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Filing 19
ORDER granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David A. Kushner. Signed by Magistrate Judge Lisette M. Reid on 8/9/2021. See attached document for full details. (lbc)
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| Filing 18 Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Kushner, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14906493 by Liebherr-America, Inc.. Responses due by 8/20/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(DeMaio, David) |
| Attorney David A. Kushner representing Liebherr-America, Inc. (Defendant) Activated. (pt) |
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Filing 17
ORDER DENYING #16 MOTION TO APPEAR PRO HAC VICE. Signed by Magistrate Judge Lisette M. Reid on 8/5/2021. See attached document for full details. (lbc)
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| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David A. Kushner, Esq.. Filing Fee $ 200.00 Receipt # AFLSDC-14898412 by Liebherr-America, Inc.. Responses due by 8/17/2021 (Attachments: #1 Exhibit A, #2 Exhibit B)(DeMaio, David) |
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Filing 15
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: Jury Trial set for 8/1/2022 before Judge Roy K. Altman., Calendar Call set for 7/26/2022 at 01:45 PM before Judge Roy K. Altman., Amended Pleadings due by 9/20/2021., Discovery due by 4/5/2022., Expert Discovery due by 4/5/2022., Fact Discovery due by 4/5/2022., Joinder of Parties due by 9/20/2021., Mediation Deadline 4/19/2022., In Limine Motions due by 7/5/2022., Dispositive Motions due by 4/27/2022., Motions due by 4/27/2022., Pretrial Stipulation due by 7/18/2022.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 4/19/2022.), ORDER REFERRING CASE to Magistrate Judge Lisette M. Reid for all pretrial non-dispositive and discovery matters. Signed by Judge Roy K. Altman on 8/2/2021. See attached document for full details. (mee)
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| Filing 14 Joint SCHEDULING REPORT - Rule 26(f) by Liebherr-America, Inc. (Attachments: #1 Exhibit 1, JOINT PROPOSED SCHEDULING ORDER)(DeMaio, David) |
| Filing 13 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Status Conference held on 7/19/2021. Total time in court: 0 hour(s) : 3 minutes. Attorney Appearance(s): David M. DeMaio, Alexander Thomas Harne, Court Reporter: Francine Salopek, 954-769-5686 / Francine_Salopek@flsd.uscourts.gov. (mpt) |
| Filing 12 NOTICE of Attorney Appearance by Kelly Marie Pena on behalf of Liebherr-America, Inc.. Attorney Kelly Marie Pena added to party Liebherr-America, Inc.(pty:dft). (Pena, Kelly) |
| Filing 11 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Liebherr-America, Inc. identifying Corporate Parent Liebherr-Werk Ehingen, GmbH, Corporate Parent Liebherr-Mining Equipment SAS for Liebherr-America, Inc. (DeMaio, David) |
| Filing 10 ANSWER and Affirmative Defenses to Complaint by Liebherr-America, Inc.. Attorney David M. DeMaio added to party Liebherr-America, Inc.(pty:dft). (DeMaio, David) |
| Filing 9 PAPERLESS NOTICE of Hearing: Status Conference set for 7/19/2021 04:00 PM before Judge Roy K. Altman. The hearing will be held via Zoom videoconference. Meeting ID: 161 2752 2255. Passcode: 7777. (mpt) |
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Filing 8
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 7/29/2021. Signed by Judge Roy K. Altman on 7/7/2021. See attached document for full details. (lbc)
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| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Luis McCarthy. Liebherr-America, Inc. served on 6/25/2021, answer due 7/16/2021. (Harne, Alexander) |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Luis McCarthy (Harne, Alexander) |
| Filing 5 Notice of NO Pending, Refiled, Related or Similar Actions by Luis McCarthy (Harne, Alexander) |
| Filing 4 NOTICE of Attorney Appearance by Alexander Thomas Harne on behalf of Luis McCarthy. Attorney Alexander Thomas Harne added to party Luis McCarthy(pty:pla). (Harne, Alexander) |
| Filing 3 Summons Issued as to Liebherr-America, Inc. (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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 COMPLAINT against Liebherr-America, Inc.. Filing fees $ 402.00 receipt number AFLSDC-14777342, filed by Luis McCarthy. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Storch, Noah) |
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| Plaintiff: Luis McCarthy | |
| Represented By: | Noah E Storch |
| Represented By: | Alexander Thomas Harne |
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| Defendant: Liebherr-America, Inc. | |
| Represented By: | David M. DeMaio |
| Represented By: | David A. Kushner |
| Represented By: | Kelly Marie Pena |
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