Perez v. Holiday CVS, L.L.C.
| Nereyda Perez |
| Holiday CVS, L.L.C. |
| 1:2023cv22043 |
| June 1, 2023 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Melissa Damian |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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Filing 25
ORDER Scheduling Mediation before Markel Arrizabalaga; Mediation Hearing set for 12/1/2023 12:00 PM. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Chief Judge Cecilia M. Altonaga on 7/10/2023. See attached document for full details. (ps1)
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| Filing 24 NOTICE of Mediator Selection and Hearing. Selected/Added Markel Arrizabalaga as Mediator. Mediation Hearing set for December 1, 2023 at 12:00 p.m.. (Arrizabalaga, Markel) |
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Filing 23
ORDER re #18 Notice of Mediator Selection and/or Hearing filed by Markel Arrizabalaga, #15 Scheduling Order Referring Case to Mediation, and #21 Notice of Mediator Selection and/or Hearing filed by Markel Arrizabalaga; on or before July 12, 2023, the parties shall jointly file a proposed order scheduling mediation, as required by the June 14 Order. The parties are reminded that the proposed order must be emailed to the Court in Word format. Signed by Chief Judge Cecilia M. Altonaga on 7/10/2023. See attached document for full details. (ps1)
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| Filing 22 Clerk's Notice to Filer re #20 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 21 Amended NOTICE of Mediator Selection. Joint Selected/Added Markel Arrizabalaga as Mediator. (Ast, Irwin) |
| Filing 20 NOTICE of Striking #18 Joint NOTICE of Mediator Selection by Nereyda Perez (Ast, Irwin) Modified to add document link on 7/7/2023 (ls). |
| Filing 19 Clerk's Notice to Filer re #18 Notice of Mediator Selection and/or Hearing. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 18 Joint NOTICE of Mediator Selection. Selected/Added Markel Arrizabalaga as Mediator. (Ast, Irwin) |
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Filing 17
PAPERLESS ORDER denying #8 Motion to Remand to State Court. Plaintiff filed a motion to remand challenging the Court's subject matter jurisdiction on the basis that the removing Defendant failed to show the amount in controversy exceeds $75,000. Yet, after Defendant filed its response in opposition, challenging Plaintiff's assertion that her pre-suit demands were mere "puffery," Plaintiff did not file a reply memorandum. Consequently, for the reasons stated in the Response, the Court finds the jurisdictional amount exceeds $75,000. Signed by Chief Judge Cecilia M. Altonaga (CMA)
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| Filing 16 RESPONSE in Opposition re #8 Plaintiff's MOTION to Remand to State Court filed by Holiday CVS, L.L.C.. Replies due by 6/30/2023. (Liro, Jacob) |
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Filing 15
ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 4/8/2024 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 4/2/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 7/25/2023. All Discovery, including Expert Discovery, due by 12/11/2023. Mediation Deadline 12/18/2023. In Limine Motions due by 1/23/2024. Motions due by 12/26/2023. Pretrial Stipulation due by 1/23/2024. REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 6/13/2023. See attached document for full details. (ps1)
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| Filing 14 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Nereyda Perez (Ast, Irwin) |
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Filing 13
ORDER re #4 Order Requiring Certificates of Interested Parties; Plaintiff shall submit a certificate of interested parties by 6/14/2023. Signed by Chief Judge Cecilia M. Altonaga on 6/13/2023. See attached document for full details. (ps1)
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| Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by Holiday CVS, L.L.C. (Attachments: #1 Supplement Schedule Jointly Proposed by the Parties, #2 Text of Proposed Order Proposed Scheduling Order and Order of Referral to Mediation)(Liro, Jacob) |
| Filing 11 NOTICE by Holiday CVS, L.L.C. re #3 Status Report Order of Filing Docket Sheet and State Court Docket Entries (Attachments: #1 Supplement Index of State Court Docket Entries, #2 Exhibit 1 - Civil Cover Sheet, #3 Exhibit 2 - Complaint, #4 Exhibit 3 - Amended Complaint, #5 Exhibit 4 - Summons to CVS Pharmacy, Inc., #6 Exhibit 5 - Summons to Holiday CVS, LLC, #7 Exhibit 6 - Issued Summons to CVS Pharmacy, Inc., #8 Exhibit 7 - Issued Summons to Holiday CVS, LLC, #9 Exhibit 8 - Plaintiff's Notice of Dismissal as to Defendant CVS Pharmacy, Inc., #10 Exhibit 9 - Defendant's Notice of Removal, #11 Docket Sheet Docket Sheet from underlying State Court action as of 06/12/23) (Liro, Jacob) |
| Filing 10 STATUS REPORT of the Removal by Holiday CVS, L.L.C. (Liro, Jacob) |
| Filing 9 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Holiday CVS, L.L.C. identifying Corporate Parent CVS Health Corporation, Corporate Parent CVS Pharmacy, Inc. for Holiday CVS, L.L.C. (Liro, Jacob) |
| Filing 8 Plaintiff's MOTION to Remand to State Court by Nereyda Perez. (Ast, Irwin) |
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Filing 7
ORDER denying #6 Motion to Remand to State Court. Signed by Chief Judge Cecilia M. Altonaga on 6/6/2023. See attached document for full details. (ps1)
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| Filing 6 Plaintiff's MOTION to Remand to State Court by Nereyda Perez. (Ast, Irwin) |
| Filing 5 Defendant's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Holiday CVS, L.L.C.. (Liro, Jacob) |
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Filing 4
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 6/12/2023. Signed by Chief Judge Cecilia M. Altonaga on 6/2/2023. See attached document for full details. (ps1)
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Filing 3
ORDER Requiring a Removal Status Report by 6/12/2023. Signed by Chief Judge Cecilia M. Altonaga on 6/2/2023. See attached document for full details. (ps1)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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 - Composite Exhibit 1- State Court Complaint) Filing fee $ 402.00 receipt number AFLSDC-16662433, filed by Holiday CVS, L.L.C.. (Attachments: #1 Exhibit 1 - State Court Complaint & Other State Court Documents, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet. No Answer/Motion to Dismiss filed.)(Liro, Jacob) Modified Attachment Descriptions on 6/2/2023 (nan). |
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| Plaintiff: Nereyda Perez | |
| Represented By: | Irwin Ast |
| Represented By: | Leonard Mitchell Caracappa |
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| Defendant: Holiday CVS, L.L.C. | |
| Represented By: | Jacob J Liro |
| Represented By: | Michael Leonard McCoy |
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