Lites v. Amazon.com Services, Inc.
| Teresa Lites |
| Amazon.com Services, Inc. |
| 1:2022cv20587 |
| February 25, 2022 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Jose E Martinez |
| Other Statutory Actions |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Filing 74 REPORT AND RECOMMENDATION on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint, ECF No. #35 . Objections to R&R due by 2/3/2023. Signed by Magistrate Judge Jacqueline Becerra on 1/20/2023. See attached document for full details. (dcs) |
Filing 73
PAPERLESS ORDER granting #72 Defendant's Motion for Extension of Time. The parties shall file Daubert and summary judgment motions on or before January 27, 2023. Signed by Judge Jose E. Martinez on 1/17/2023. (kin)
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| Filing 72 MOTION for Extension of Time by One Week to File Daubert and Summary Judgment Motions re #71 Order on Motion for Extension of Time by Amazon.com Services, Inc.. Responses due by 1/27/2023 (Attachments: #1 Text of Proposed Order)(McCrea, Richard) |
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Filing 71
ORDER ON JOINT MOTION TO EXTEND CERTAIN CASE DEADLINES, granting #68 Motion for Extension of Time. Signed by Judge Jose E. Martinez on 1/9/2023. See attached document for full details. (mee)
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Filing 70
PAPERLESS ORDER granting #69 Plaintiff's Motion for Extension of Time. Plaintiff shall reply to Defendant's Opposition to Plaintiff's Motion for Class Certification on or before January 25, 2023. Signed by Judge Jose E. Martinez on 1/5/2023. (kin)
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| Filing 69 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Teresa Lites. (Attachments: #1 Text of Proposed Order)(Edelman, Marc) |
| Filing 68 Joint MOTION for Extension of Time Extending Certain Case Deadlines by Amazon.com Services, Inc.. Responses due by 1/17/2023 (Attachments: #1 Text of Proposed Order Proposed Order)(McCrea, Richard) |
| Filing 67 SUPPLEMENT to #66 Response in Opposition to Motion Declaration of Edward Meehan by Amazon.com Services, Inc. (Attachments: #1 Exhibit Lites Transcript Excepts, #2 Exhibit Cobra Election Notice, #3 Exhibit Expert Report of Adam Block, #4 Exhibit Second Declaration of R. Ceruti, #5 Exhibit Lites Authorization, #6 Exhibit Mileage Reimbursement, #7 Exhibit WTW System Screenshot, #8 Exhibit Voluntary Resignation Letter, #9 Exhibit A. Paxton Declaration, #10 Exhibit Paxton Depo Excerpts, #11 Exhibit WTW Depo Excerpts)(McCrea, Richard) |
| Filing 66 RESPONSE in Opposition re #55 Plaintiff's MOTION to Certify Class filed by Amazon.com Services, Inc.. Replies due by 12/30/2022. (McCrea, Richard) |
| Filing 65 Notice of Supplemental Authority by Teresa Lites (Attachments: #1 Exhibit) (Edelman, Marc) |
| Filing 64 NOTICE by Teresa Lites of Mediation (Edelman, Marc) |
| Filing 63 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Motion Hearing held on 11/9/2022 re #35 Defendant's MOTION TO DISMISS #34 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Amazon.com Services, Inc.. Court to enter a report and recommendation. Attorney Appearance(s): Richard C. McCrea, Jr, Edward J. Meehan, Mark C. Nielsen, Paul J. Rinefierd, Marc Reed Edelman, (Digital JB_Zoom_11-9-2022) Total time in court: 47 minutes. (dgj) |
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Filing 62
PAPERLESS ORDER RE-SETTING HEARING BY ZOOM. Due to the Court's closure, the hearing on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint and Memorandum of Law in Support, ECF No. #35 , set for Wednesday, November 9, 2022 at 12:00 p.m., will now proceed by Zoom. https://www.zoomgov.com/j/1619769803?pwd=TExuZmp5Wkxxd1B4TVFCSkxlaC9qdz09 Meeting ID: 161 976 9803 Passcode: 032949 Dial by your location +1 646 828 7666 Signed by Magistrate Judge Jacqueline Becerra on 11/9/2022. (cor)
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| Filing 61 Witness List by Teresa Lites.. (Edelman, Marc) |
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Filing 60
PAPERLESS ORDER granting #56 Defendant's Unopposed Motion for Extension of Time. Defendant shall respond to Plaintiff's Class Certification Motion on or before December 23, 2022. Signed by Judge Jose E. Martinez on 11/7/2022. (kin)
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| Set Deadlines as to #55 Plaintiff's MOTION to Certify Class . Responses due by 12/23/2022 per d.e. 60 Order. (mee) |
| Filing 59 Unopposed MOTION to Seal Exhibit to Plaintiff's Motion for Class Certification per Local Rule 5.4 by Amazon.com Services, Inc.. (Attachments: #1 Text of Proposed Order) (McCrea, Richard) |
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Filing 58
PAPERLESS ORDER. THIS CAUSE came before the Court on Defendant's Unopposed Motion to Reschedule Motion Hearing. ECF No. #57 . On October 20, 2022, the Court set an in-person hearing on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint and Memorandum of Law in Support, as requested by Defendant, for November 9, 2022 at 12:00 p.m. See ECF Nos. 54 , #35 . On November 1, 2022, Counsel filed the instant Motion, seeking to continue the hearing due to client meetings that have "been long-scheduled." ECF No. #57 at 1. Defendant has failed to provide good cause to move the hearing. Accordingly, the Motion is hereby DENIED and the hearing will take place as previously ordered. Signed by Magistrate Judge Jacqueline Becerra on 11/3/2022. (cor)
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| Filing 57 Consent MOTION to Continue Motion Hearing re 54 Order Setting Hearing on Motion, by Amazon.com Services, Inc.. Responses due by 11/15/2022 (Attachments: #1 Text of Proposed Order [Proposed} Order Rescheduling Motion Hearing)(McCrea, Richard) |
| Filing 56 Consent MOTION for Extension of Time to File Response/Reply/Answer to Plaintiff's Class Certification Motion by Amazon.com Services, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Order Extending Defendant's Deadline for Responding to Plaintiff's Class Certification Motion)(McCrea, Richard) |
| Filing 55 Plaintiff's MOTION to Certify Class by Teresa Lites. Responses due by 11/10/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Edelman, Marc) |
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Filing 54
PAPERLESS ORDER SETTING HEARING. A hearing on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint and Memorandum of Law in Support, ECF No. #35 , is hereby set for Wednesday, November 9, 2022 at 12:00 p.m. before Judge Becerra in Courtroom 10-06, 99 N.E. 4th Street, Miami, Florida, 33132. Signed by Magistrate Judge Jacqueline Becerra on 10/20/2022. (cor)
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| Filing 53 RESPONSE to #52 Notice of Supplemental Authority by Amazon.com Services, Inc.. (McCrea, Richard) |
| Filing 52 Notice of Supplemental Authority by Teresa Lites (Attachments: #1 Exhibit) (Edelman, Marc) |
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Filing 51
PAPERLESS ORDER granting #50 Motion to Extend Expert Report Deadline. The parties shall exchange expert witness summaries and reports on or before October 20, 2022. Signed by Judge Jose E. Martinez on 10/7/2022. (kin)
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| Filing 50 Unopposed MOTION for Extension of Time to Extend Expert Report Deadline by Amazon.com Services, Inc.. Responses due by 10/19/2022 (McCrea, Richard) |
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Filing 49
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Jacqueline Becerra on 10/4/2022. See attached document for full details. (cor)
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Filing 48
PAPERLESS ORDER. THIS CAUSE came before the Court on the Parties' Proposed Stipulated Protective Order, ECF No. #47 . Upon due consideration, it is hereby ORDERED AND ADJUDGED that the Stipulation, ECF No. #47 , is STRICKEN on the grounds that the Parties failed to comply with undersigned's Discovery Procedures, available # here. Signed by Magistrate Judge Jacqueline Becerra on 10/4/2022. (cor)
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| Filing 47 STRICKEN-STIPULATION Protective Order by Amazon.com Services, Inc. (Attachments: #1 Exhibit Exhibit A)(McCrea, Richard) Modified on 10/4/2022 (mee). Per d.e. 48 Order. |
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Filing 46
PAPERLESS ORDER granting #45 Joint Motion to Extend Certain Case Deadlines. The following pretrial deadlines are modified as follows: 10/10/2022: Parties shall exchange expert witness summaries and reports.10/20/2022: Parties shall exchange written lists containing the names and addresses of all witnesses intended to be called at trial and only those witnesses listed shall be permitted to testify.11/9/2022: Parties exchange rebuttal expert witness summaries and reports.All other pretrial deadlines shall remain in effect. No further extensions of these deadlines will be granted absent exigent circumstances. Signed by Judge Jose E. Martinez on 9/21/2022. (cvl)
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| Filing 45 Joint MOTION for Extension of Time To Extend Certain Case Deadlines by Amazon.com Services, Inc.. Responses due by 9/30/2022 (McCrea, Richard) |
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Filing 44
ORDER OF REFERENCE TO MAGISTRATE JUDGE: #35 Defendant's MOTION TO DISMISS #34 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Amazon.com Services, Inc. Motions referred to Judge Jacqueline Becerra. Signed by Judge Jose E. Martinez on 9/12/2022. See attached document for full details. (mab)
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Filing 43
PAPERLESS ORDER granting #42 Plaintiffs' Consent Motion to Extend Class Certification Deadline. The deadline to move for class certification is extended through and including October 27, 2022. No further extensions will be granted absent exigent circumstances. The Court notes that the deadline to respond to the forthcoming motion for class certification remains as prescribed by the Federal Rules of Civil Procedure, unless Defendant moves this Court for an extension. Signed by Judge Jose E. Martinez on 8/29/2022. (cvl)
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| Filing 42 Consent MOTION for Extension of Time Extend Class Certification Deadline re #16 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by Teresa Lites. Responses due by 9/8/2022 (Attachments: #1 Text of Proposed Order)(Edelman, Marc) |
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Filing 41
ORDER DENYING MOTION TO STAY DISCOVERY, denying #36 Motion to Stay. Signed by Judge Jose E. Martinez on 7/27/2022. See attached document for full details. (mee)
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| Filing 40 RESPONSE in Support re #35 Defendant's MOTION TO DISMISS #34 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Amazon.com Services, Inc.. (McCrea, Richard) |
| Filing 39 RESPONSE in Support re #36 Defendant's MOTION to Stay Discovery filed by Amazon.com Services, Inc.. (McCrea, Richard) |
| Filing 38 RESPONSE in Opposition re #35 Defendant's MOTION TO DISMISS #34 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Teresa Lites. Replies due by 7/21/2022. (Attachments: #1 Exhibit Exhibit "A", #2 Exhibit Exhibit "B")(Edelman, Marc) |
| Filing 37 RESPONSE to Motion re #36 Defendant's MOTION to Stay Discovery filed by Teresa Lites. Replies due by 7/18/2022. (Attachments: #1 Exhibit)(Edelman, Marc) |
| Filing 36 Defendant's MOTION to Stay Discovery by Amazon.com Services, Inc.. Responses due by 7/14/2022 (McCrea, Richard) |
| Filing 35 Defendant's MOTION TO DISMISS #34 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Amazon.com Services, Inc.. Responses due by 7/14/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Declaration of R. Ceruti)(McCrea, Richard) |
| Filing 34 Second AMENDED COMPLAINT against Teresa Lites filed in response to Order Granting Motion for Leave, filed by Teresa Lites.(Edelman, Marc) |
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Filing 33
ORDER, denying as moot #23 Motion to Dismiss; denying as moot #28 Motion to Stay( Amended Complaint due by 6/17/2022.); denying as moot #30 Motion for Extension of Time to File Response/Reply/Answer ; granting #32 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Jose E. Martinez on 6/15/2022. See attached document for full details. (mee)
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| Filing 32 Renewed MOTION for Leave to File Second Amended Class Action Complaint by Teresa Lites. (Attachments: #1 Exhibit Second Amended Class Action Complaint, #2 Text of Proposed Order Proposed Order)(Edelman, Marc) |
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Filing 31
ORDER denying without prejudice #29 Motion for Leave to File. Signed by Judge Jose E. Martinez on 6/8/2022. See attached document for full details. (dj)
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| Filing 30 Second MOTION for Extension of Time to File Response/Reply/Answer as to #23 Defendant's MOTION to Dismiss with Prejudice #19 Amended Complaint/Amended Notice of Removal by Teresa Lites. (Edelman, Marc) |
| Filing 29 MOTION for Leave to File to File Second Amended Class Action Complaint by Teresa Lites. (Attachments: #1 Text of Proposed Order)(Edelman, Marc) Modified text on 6/8/2022 to remove unopposed designation of filing (bb). |
| Filing 28 Defendant's MOTION to Stay Discovery by Amazon.com Services, Inc.. Responses due by 6/21/2022 (McCrea, Richard) |
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Filing 27
PAPERLESS ORDER granting #26 Plaintiff's Unopposed Motion for Enlargement of Time to Respond to Defendant's Motion to Dismiss. Plaintiff shall have through and including June 8, 2022 to respond to the Motion to Dismiss. No further extensions will be granted absent exigent circumstances. Signed by Judge Jose E. Martinez on 5/23/2022. (cvl)
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| Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #23 Defendant's MOTION to Dismiss with Prejudice #19 Amended Complaint/Amended Notice of Removal by Teresa Lites. (Edelman, Marc) |
| Filing 25 Election to Jurisdiction for Final Disposition of Motions . Filed by Amazon.com Services, Inc. (McCrea, Richard) |
| Filing 24 Joint SCHEDULING REPORT - Rule 16.1 by Amazon.com Services, Inc. (McCrea, Richard) |
| Filing 23 Defendant's MOTION to Dismiss with Prejudice #19 Amended Complaint/Amended Notice of Removal by Amazon.com Services, Inc.. Responses due by 5/25/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit Declaration of R. Ceruti)(McCrea, Richard) |
| Filing 22 Notice of NO Pending, Refiled, Related or Similar Actions by Teresa Lites (Edelman, Marc) |
| Filing 21 Certificate of Other Affiliates/Corporate Disclosure Statement by Teresa Lites (Edelman, Marc) |
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Filing 20
PAPERLESS ORDER denying as moot #14 Motion to Dismiss in light of #19 First Amended Complaint. Signed by Judge Jose E. Martinez on 4/27/2022. (cvl)
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| Filing 19 First AMENDED COMPLAINT against Amazon.com Services, Inc., filed by Teresa Lites.(Edelman, Marc) |
| Filing 18 Certificate of Other Affiliates by Amazon.com Services, Inc. (McCrea, Richard) |
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Filing 17
ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE, granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Edward J. Meehan ; granting #12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Marck C. Nielsen ; granting #13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Paul J. Rinefierd. Signed by Judge Jose E. Martinez on 4/14/2022. See attached document for full details. (mee)
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Filing 16
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: Jury Trial set for 4/24/2023 at 09:30 AM before Judge Jose E. Martinez. Calendar Call set for 4/20/2023 at 01:30 PM before Judge Jose E. Martinez. ORDER REFERRING CASE to Mediation. Mediation Deadline 2/23/2023.), ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for all discovery matters. Signed by Judge Jose E. Martinez on 4/14/2022. See attached document for full details. (mee) #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 15 Defendant's Corporate Disclosure Statement by Amazon.com Services, Inc. (McCrea, Richard) |
| Filing 14 MOTION to Dismiss with Prejudice #1 Complaint by Amazon.com Services, Inc.. Responses due by 4/27/2022 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Declaration of R. Ceruti)(McCrea, Richard) |
| Filing 13 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Paul J. Rinefierd. Filing Fee $ 200.00 Receipt # AFLSDC-15548870 by Amazon.com Services, Inc.. Responses due by 4/25/2022 (Attachments: #1 Exhibit A - Certification and Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(McCrea, Richard) |
| Filing 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Mark C. Nielsen. Filing Fee $ 200.00 Receipt # AFLSDC-15548857 by Amazon.com Services, Inc.. Responses due by 4/25/2022 (Attachments: #1 Exhibit A - Certification and Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(McCrea, Richard) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward J. Meehan. Filing Fee $ 200.00 Receipt # AFLSDC-15548787 by Amazon.com Services, Inc.. Responses due by 4/25/2022 (Attachments: #1 Exhibit A - Certification and Certificate of Good Standing, #2 Text of Proposed Order Proposed Order)(McCrea, Richard) |
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Filing 10
PAPERLESS ORDER granting in part #9 Defendant's Unopposed Motion for Extension of Time. Defendant shall have through and including April 13, 2022 to respond to the complaint. Signed by Judge Jose E. Martinez on 3/21/2022. (cvl)
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| Filing 9 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Amazon.com Services, Inc.. Attorney Richard C. McCrea, Jr added to party Amazon.com Services, Inc.(pty:dft). (McCrea, Richard) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Teresa Lites. Amazon.com Services, Inc. served on 3/2/2022, response/answer due 3/23/2022. (Edelman, Marc) |
| Filing 7 Summons Issued as to Amazon.com Services, Inc.. (lbc) |
| Filing 6 NOTICE of Filing Proposed Summons(es) (Corrective) by Teresa Lites (Edelman, Marc) |
| Filing 5 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (pcs) |
| Filing 4 Clerks Notice of Docket Correction re #3 Summons Issued. Document Restricted Due to Error: Party on Summons does not match complaint. (pcs) |
| Filing 3 Summons Issued as to Amazon.com Services, Inc.. (pcs) Restricted per Error on 2/28/2022 (pcs). Modified to restrict image correctly on 2/28/2022 (asl). |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (pcs) |
| Filing 1 COMPLAINT against Amazon.com Services, Inc.. Filing fees $ 402.00 receipt number AFLSDC-15431764, filed by Teresa Lites. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Edelman, Marc) |
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| Plaintiff: Teresa Lites | |
| Represented By: | Marc Reed Edelman |
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| Defendant: Amazon.com Services, Inc. | |
| Represented By: | Richard C. McCrea, Jr. |
| Represented By: | Edward J. Meehan |
| Represented By: | Mark C. Nielsen |
| Represented By: | Paul J. Rinefierd |
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