MORELL JIMENEZ v. HOLIDAY CVS, LLC
| MISLEYDIS MORELL JIMENEZ |
| HOLIDAY CVS, LLC |
| 1:2022cv24242 |
| December 29, 2022 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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Filing 16
RESPONSE to Motion re #11 Defendant's MOTION to Dismiss #6 Amended Complaint/Amended Notice of Removal filed by MISLEYDIS MORELL JIMENEZ. Replies due by 2/23/2023. (Attachments: #1 Text of Proposed Order Proposed Agreed Order)(Morales, Derrick)
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Filing 15
PAPERLESS ORDER TO SHOW CAUSE THIS CAUSE is before the Court upon a sua sponte review of the record. Defendant filed a Motion to Dismiss Count II, ECF No. #11 ("Motion"), on January 31, 2023. Pursuant to Local Rule 7.1(c), a response to the Motion was due on February 14, 2023. Plaintiff failed to respond to the Motion by the applicable deadline or to request an additional extension of time in which to do so. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff must file a response to the Motion, if any, no later than February 21, 2023. If Plaintiff fails to file any response, the Court shall consider the merits of the Motion without the benefit of a response or responses, and such failure may be deemed sufficient cause to grant the motion by default. See. S.D. Fla. L.R. 7.1(c). Signed by Judge Beth Bloom (sgr)
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Set/Reset Deadlines/Hearings Show Cause Response due by 2/21/2023. Per DE 15 Order. (ebz)
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Filing 14
NOTICE of Mediator Selection and Hearing. Notice of Mediation Selected/Added Dominic L. Brandy as Mediator. Mediation Hearing set for 9/6/2023 at 2:00 p.m.. (Brandy, Dominic)
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Filing 13
ORDER SCHEDULING MEDIATION before Dominic L. Brandy. Mediation Hearing set for 9/6/2023 02:00 PM. Signed by Judge Beth Bloom on 2/13/2023. See attached document for full details. (ebz)
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Filing 12
Joint NOTICE of Mediator Selection. Selected/Added MISLEYDIS MORELL JIMENEZ, Dominic L. Brandy as Mediator. (Attachments: #1 Text of Proposed Order)(Morales, Derrick)
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Filing 11
Defendant's MOTION to Dismiss #6 Amended Complaint/Amended Notice of Removal by HOLIDAY CVS, LLC. Responses due by 2/14/2023 (Liro, Jacob)
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Filing 10
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: SCHEDULING ORDER: ( Amended Pleadings due by 3/21/2023., Discovery due by 10/17/2023., Expert Discovery due by 10/17/2023., Joinder of Parties due by 3/21/2023., Mediation Deadline 10/31/2023., In Limine Motions due by 11/8/2023., Dispositive Motions due by 11/8/2023., Motions due by 11/8/2023., Pretrial Stipulation due by 1/29/2024., Jury Trial set for 2/12/2024 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 2/6/2024 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 10/31/2023.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 1/20/2023. See attached document for full details. (nan) #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 9
Joint SCHEDULING REPORT - Rule 16.1 by MISLEYDIS MORELL JIMENEZ (Attachments: #1 Exhibit Schedule, #2 Text of Proposed Order Proposed Joint Scheduling Order)(Morales, Derrick)
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Filing 8
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by HOLIDAY CVS, LLC identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for HOLIDAY CVS, LLC (Liro, Jacob)
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Filing 7
PAPERLESS ORDER denying as moot ECF No. #5 Motion to Dismiss due to the filing of an Amended Complaint. Signed by Judge Beth Bloom (sgr)
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Filing 6
First AMENDED COMPLAINT for Damages, Declaratory and Injunctive Relief against HOLIDAY CVS, LLC, filed by MISLEYDIS MORELL JIMENEZ.(Morales, Derrick)
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Filing 5
Defendant's MOTION to Dismiss #1 Notice of Removal (State Court Complaint),, Count II and Count III of Plaintiff's Complaint by HOLIDAY CVS, LLC. Responses due by 1/19/2023 (Attachments: #1 Exhibit Plaintiff's Complaint)(Liro, Jacob)
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Filing 4
NOTICE by HOLIDAY CVS, LLC re #3 Order Requiring Joint Scheduling Report,, Set Response/Answer Due Deadline, of Filing Docket Sheet and State Court Documents (Attachments: #1 Supplement Index of State Court Docket Entries, #2 Exhibit 1-Civil Cover Sheet, #3 Exhibit 2-Complaint, #4 Exhibit 3-Summons, #5 Exhibit 4-Issued Summons, #6 Exhibit 5-Return of Service, #7 Exhibit 6-Notice of Appearance, #8 Exhibit 7-Designation of Email, #9 Exhibit 8-Defendant's Motion for Extension of Time, #10 Exhibit 9-Agreed Order on Motion for Extension of Time, #11 Exhibit 10-Notice of Filing Notice of Removal, #12 Docket Sheet State Court Docket Sheet) (Liro, Jacob)
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Filing 3
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. (Joint Scheduling Report due by 1/19/2023), HOLIDAY CVS, LLC response/answer due 1/5/2023. Signed by Judge Beth Bloom on 12/29/2022. See attached document for full details. (ebz)
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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. (rbe)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-16204217, filed by HOLIDAY CVS, LLC. No Answer / Motion to Dismiss Filed (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 - Composite Exhibit- State Court Complaint, #3 Exhibit 2 - Plaintiff's Demand Letter, #4 Exhibit 3 - Division of Corporations 2022 Annual Report, #5 Exhibit 4 - Notice of Filing Notice of Removal State Court)(Liro, Jacob) Modified text & attachment description on 12/29/2022 (rbe).
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| Plaintiff: MISLEYDIS MORELL JIMENEZ | |
| Represented By: | Derrick C. Morales |
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| Defendant: HOLIDAY CVS, LLC | |
| Represented By: | Michael Leonard McCoy |
| Represented By: | Jacob J Liro |
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