Reiner v. Federal Express Corporation et al
| Wayne Reiner |
| Federal Express Corporation and Epson America, Inc. |
| 1:2022cv23001 |
| September 20, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on November 9, 2022. A more recent docket listing may be available from PACER.
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Filing 24
PAPERLESS ORDER granting #6 Motion for leave to file First Amended Complaint. The Court notes that the only remaining defendant, Epson America, Inc., has already filed a response to the First Amended Complaint. (See ECF No. #20 , Motion to Dismiss First Amended Complaint). Given that Plaintiff is proceeding pro se, the Court directs the Clerk to file the [6-1] First Amended Complaint as a separate docket entry. Signed by Magistrate Judge Chris M. McAliley on 11/9/2022. (nsy)
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| Filing 23 JOINT NOTICE of Consent by Epson America, Inc. re 12 Order,,,,,,,, Terminate Motions,,,,,,, (Johnson, Rasheem) |
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Filing 22
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's First Motion #21 for Extension of Time to File a Response to Defendant Epson America, Inc.'s Motion #20 to Dismiss. The Motion failed to comply with Southern District of Florida Local Rule 7.1 and the Court's Practices and Procedures, which require motions for extension to include a certificate of conferral. Nevertheless, upon review of the Motion, which states that Plaintiff requires additional time because he is "legally blind" and needs to load the Motion to Dismiss into accessibility software, it is ORDERED AND ADJUDGED that the Motion #21 for Extension is GRANTED. Plaintiff must ensure that his response to the Motion to Dismiss is received by the Clerk of Court on or before December 1, 2022. No further extensions will be granted. Failure to timely respond will result in the grant of Defendant's Motion to Dismiss by default. In addition, the Parties are advised that all further filings must comply with the Local Rules, the Court's Practices and Procedures, and the Federal Rules of Civil Procedure. Failure to comply may result in sanctions being imposed, including dismissal of this case. Signed by Judge Kathleen M. Williams on 10/28/2022. (nlf)
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| Filing 21 Request for Extension of Time to File Objection as to #20 Defendant's MOTION to Dismiss with Prejudice #6 MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint),, by Wayne Reiner. (pc) |
| Filing 20 Defendant's MOTION to Dismiss with Prejudice #6 MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint),, by Epson America, Inc.. Responses due by 10/31/2022 (Attachments: #1 Exhibit A)(Johnson, Rasheem) |
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Filing 19
ORDER ON MOTION FOR ACCOMODATION re #10 MOTION Request for Accommodations Under American With Disabilities Act filed by Wayne Reiner. Signed by Magistrate Judge Chris M. McAliley on 10/7/2022. See attached document for full details. (drz)
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Filing 18
PAPERLESS ORDER denying as moot #16 Motion for Extension of Time to File Response/Reply/Answer. This motion is a duplicate of #8 Plaintiff's Motion for Extension of Time to respond to FedEx's Motion to Dismiss, which the Court previously denied as moot on October 5, 2022 12 . Signed by Magistrate Judge Chris M. McAliley on 10/7/2022. (nsy)
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| Filing 17 Clerk's Notice of Filing Deficiency Re: #16 MOTION for Extension of Time to File Response/Reply/Answer filed by Wayne Reiner. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (drz) |
| Filing 16 MOTION for Extension of Time to File Response to Motion to Dismiss by Wayne Reiner. (drz) |
| Filing 15 Proposed SCHEDULING REPORT - Rule 26(f) by Epson America, Inc. (Johnson, Rasheem) |
| Filing 14 Joint SCHEDULING REPORT - Rule 16.1 by Epson America, Inc. (Johnson, Rasheem) |
| Filing 13 NOTICE of Attorney Appearance by Rasheem Johnson on behalf of Epson America, Inc.. Attorney Rasheem Johnson added to party Epson America, Inc.(pty:dft). (Johnson, Rasheem) |
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Filing 12
PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL. THIS MATTER is before the Court on the Notice of Settlement (DE #9 ) indicating that Plaintiff and Defendant Federal Express Corporation have reached a settlement of this matter. Accordingly, it is ORDERED AND ADJUDGED that on or before November 2, 2022, Plaintiff and Defendant Federal Express Corporation shall file a joint stipulation to dismiss. If Plaintiff and Defendant Federal Express Corporation wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review by filing the agreement to the docket, and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter as to Defendant Federal Express Corporation is effective upon the filing of the Parties' joint stipulation of dismissal. Id. In light of the Notice (DE #9 ), Defendant Federal Express Corporation's Motion to Dismiss (DE #5 ) and Plaintiff's Motion for Extension of Time (DE #8 ) are DENIED AS MOOT. Moreover, in light of the settlement between Plaintiff and Defendant Federal Express Corporation, the removing party in this matter, Plaintiff and Defendant Epson America, Inc. are ORDERED to file a joint notice to the docket on or before November 9, 2022 stating whether Plaintiff and Defendant Epson America Inc., consent to continue this matter before this Court or jointly agree to remand of this matter. It is the duty of all Parties to comply with Court order. Failure to comply may result in sanctions being imposed. Signed by Judge Kathleen M. Williams on 10/5/2022. (nlf)
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| Filing 9 NOTICE of Settlement by Federal Express Corporation (Costa, Gabriel) |
| Filing 11 SUPPLEMENT to #6 MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint) by Wayne Reiner (drz) |
| Filing 10 Request for Accommodations Under American With Disabilities Act by Wayne Reiner. (drz) |
| Filing 8 MOTION for Extension of Time to File Response as to #5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Wayne Reiner. (drz) |
| Filing 7 Negligence Economic Loss Rule by Wayne Reiner. (drz) |
| Filing 6 MOTION to Amend/Correct #1 Notice of Removal (State Court Complaint),, by Wayne Reiner. Responses due by 10/14/2022 (Attachments: #1 Amended Complaint)(pcs) |
| Filing 5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Federal Express Corporation. Responses due by 10/11/2022 (Attachments: #1 Exhibit A)(Costa, Gabriel) |
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Kathleen M. Williams on 9/26/2022. See attached document for full details. (nan)
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Filing 3
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES: ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Pretrial Non-Dispositive Matters. Notice of Court Practice. Signed by Judge Kathleen M. Williams on 9/22/2022. See attached document for full details. (nan)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (nan) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-15963399, filed by Federal Express Corporation. (Attachments: #1 Exhibit - State Court Complaint, #2 Exhibit State - Civil Cover Sheet, #3 Exhibit Affidavit of Indigency, #4 Exhibit Certificate of Indigency, #5 Exhibit Notice of Appearance - Epson, #6 Exhibit Notice of Appearance - Epson (2nd), #7 Exhibit Return of Service - Epson, #8 Exhibit- State Court Motion to Dismiss - Epson, #9 Exhibit Notice of Appearance - FedEx, #10 Exhibit Notice of Email Desig. - FedEx, #11State Court Docket Sheet, #12 Federal Civil Cover Sheet - FedEx)(Costa, Gabriel) Modified Attachment Description on 9/21/2022 (nan). |
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