Palacios v. Wal-Mart Stores East, LP et al
| Ana Palacios |
| Wal-Mart Stores East, LP, Hector Romero and Wal-Mart Stores East, LP doing business as WALMART SUPER CENTER #2814 |
| 1:2022cv23628 |
| November 4, 2022 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 29, 2022. A more recent docket listing may be available from PACER.
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Filing 23
ORDER SCHEDULING MEDIATION: Mediation Hearing set for 4/3/2023 at 9:00 AM before Rodney Romano via Zoom video conference Signed by Judge Beth Bloom on 12/29/2022. See attached document for full details. (mab)
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| Filing 22 Joint NOTICE of Mediator Selection. Plaintiff and Defendant Selected/Added Rodney Romano as Mediator. (Attachments: #1 Exhibit Proposed Order Scheduling Mediation)(Dixon, Robert) |
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Filing 21
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. On November 30, 2022, the Court ordered the parties to select a mediator pursuant to Local Rule 16.2, schedule a time, date and place for mediation, and jointly file a proposed order scheduling mediation on or before December 21, 2022. ECF No. #17 (the "Scheduling Order"). To date, the parties have not complied, nor have they shown cause. Accordingly, it is ORDERED AND ADJUDGED that on or before December 28, 2022, the parties shall comply with the requirements of the Scheduling Order, and jointly file a proposed order scheduling mediation. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice. The parties are reminded that pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the proposed order is also to be emailed to bloom@flsd.uscourts.gov in Word format. The CM/ECF Administrative Procedures may be viewed at www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Proposed Order Scheduling Mediation due by 12/28/2022. Signed by Judge Beth Bloom (ak03)
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Filing 20
ORDER STRIKING INITIAL DISCLOSURES: #18 Witness List filed by Ana Palacios, #19 Witness List filed by Ana Palacios. Signed by Judge Beth Bloom on 12/13/2022. See attached document for full details. (mab)
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| Filing 19 (STRICKEN per order at DE #20 )Witness List (Amended Initial Disclosures) by Ana Palacios.. (Dixon, Robert) Modified on 12/13/2022 (mab). |
| Filing 18 ( STRICKEN per order at DE #20 )Witness List (Initial Disclosure) by Ana Palacios.. (Dixon, Robert) Modified on 12/13/2022 (mab). |
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Filing 17
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 1/30/2023., Discovery due by 7/11/2023., Expert Discovery due by 7/11/2023., Joinder of Parties due by 1/30/2023., Mediation Deadline 7/25/2023., In Limine Motions due by 8/2/2023., Dispositive Motions due by 8/2/2023., Motions due by 8/2/2023., Pretrial Stipulation due by 10/23/2023., Jury Trial set for 11/6/2023 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 10/31/2023 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 11/30/2022. See attached document for full details. (cds) #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 16 Joint SCHEDULING REPORT - Rule 16.1 by Wal-Mart Stores East, LP (Attachments: #1 Text of Proposed Order)(Manzo, Christine) |
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Filing 15
ORDER ON MOTION TO DISMISS AND AMENDED MOTION TO AMEND COMPLAINT TO SUBSTITUTE PARTY DEFENDANT:Motion to Dismiss, DE #8 , is GRANTED, and Count II of the Complaint asserted against Defendant Hector Romero is DISMISSED WITH PREJUDICE. Motion to Amend, DE #14 , is DENIED. Signed by Judge Beth Bloom on 11/21/2022. See attached document for full details. (mab)
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| Filing 14 MOTION to Adopt/Join 12 Order on Motion to Substitute Party, Order on Motion to Amend/Correct , Plaintiff's MOTION to Amend/Correct Complaint to Substitute Party Defendant ( Responses due by 12/2/2022) by Ana Palacios. (Dixon, Robert) |
| Filing 13 RESPONSE to Motion re #8 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #5 Notice (Other), filed by Ana Palacios. Replies due by 11/28/2022. (Dixon, Robert) |
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Filing 12
PAPERLESS ORDER denying #10 Plaintiff's Motion to Amend Complaint to Substitute Party Defendant for failure to comply with the pre-filing conferral requirement in Local Rule 7.1(a)(3). Signed by Judge Beth Bloom (ak03)
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| Filing 11 Clerk's Notice to Filer re #10 MOTION for Order of Sale, Plaintiff's MOTION to Amend/Correct Complaint to Substitute Party Defendant. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (pcs) |
| Filing 10 Plaintiff's MOTION to Amend/Correct Complaint to Substitute Party Defendant (Responses due by 12/1/2022) by Ana Palacios. (Dixon, Robert) Modified text and Motion Relief on 11/18/2022 (pcs). |
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Filing 9
PAPERLESS ORDER requiring Plaintiff's expedited response by November 23, 2022, to Defendant Romero's Motion to Dismiss Count II of the Complaint, ECF No. #8 . Signed by Judge Beth Bloom (BB)
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| Set/Reset Deadlines/Hearings as to #8 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #5 Notice (Other), . Responses due by 11/23/2022. PER DE#9 (cds) |
| Filing 8 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #5 Notice (Other), by Hector Romero. Responses due by 11/28/2022 (Attachments: #1 Exhibit Exhibit A)(Manzo, Christine) |
| Filing 7 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Wal-Mart Stores East, LP identifying Corporate Parent WSE Investment LLC, Corporate Parent WSE Management LLC, Corporate Parent Walmart Inc, Corporate Parent Walmart Stores East LLC for Wal-Mart Stores East, LP (Manzo, Christine) |
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Filing 6
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: Joint Scheduling Report due by 11/29/2022 Signed by Judge Beth Bloom on 11/8/2022. See attached document for full details. (mab)
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| Filing 5 NOTICE by Wal-Mart Stores East, LP re #1 Notice of Removal (State Court Complaint) of Filing Civil Cover Sheet and Exhibits to Walmart's Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Comp. Ex. D, #5 Civil Cover Sheet, #6 Exhibit F) (Manzo, Christine) |
| Filing 4 Clerk's Notice to Filer re: Electronic Case. State Court Records not included. Filer is instructed to file a Notice (Other) with the State Court Records attached within 24 hours. (nwn) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (nwn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16080599, filed by Wal-Mart Stores East, LP.(Manzo, Christine) |
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