Martinez v. PETSMART, INC.
Ivette Martinez |
PETSMART, INC. |
1:2023cv23338 |
August 31, 2023 |
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
This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 15 PAPERLESS ORDER re #8 Scheduling Order, Order Referring Case to Mediation, Order Referring Case to Magistrate Judge. THIS CAUSE is before the Court upon a sua sponte review of the record. On September 22, 2023, 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 October 13, 2023. ECF No. #8 (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 November 2, 2023, 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. Signed by Judge Beth Bloom (jg01) |
Filing 14 First AMENDED COMPLAINT against PETSMART, INC., filed by Ivette Martinez.(Symons, Wilson) |
Filing 13 ORDER ON MOTION TO DISMISS WITHOUT PREJUDICE; granting #6 Motion to Dismiss. Amended Complaint due by 10/26/2023. Signed by Judge Beth Bloom on 10/16/2023. See attached document for full details. (nwn) |
Filing 12 ORDER APPROVING #10 STIPULATION FOR SUBSTITUTION OF COUNSEL. Attorney Wilson Taylor Symons, Esq and Benjamin Mordes, Esq. added. Attorney Michael Joseph Arzillo representing Martinez, Ivette (Plaintiff) terminated. Signed by Judge Beth Bloom on 10/9/2023. See attached document for full details. (nwn) |
Filing 11 NOTICE of Attorney Appearance by Benjamin Cody Mordes on behalf of Ivette Martinez. Attorney Benjamin Cody Mordes added to party Ivette Martinez(pty:pla). (Mordes, Benjamin) |
Filing 10 Joint STIPULATED MOTION for Substitution of Counsel. Substituting Wilson Symons, Benjamin Mordes for Michael Arzillo by Ivette Martinez. Attorney Wilson Taylor Symons added to party Ivette Martinez(pty:pla). Responses due by 10/20/2023 (Symons, Wilson) |
Filing 9 PAPERLESS ORDER re #6 First MOTION to Dismiss 4 Order to Show Cause filed by PETSMART, INC. THIS CAUSE is before the Court upon a sua sponte review of the record. Defendant Petsmart, Inc. ("Defendant") filed a First Motion to Dismiss, ECF No. #6 ("Motion"), on September 14, 2023. Pursuant to Local Rule 7.1(c), a response to the Motion was due on September 28, 2023. Plaintiff Ivette Martinez ("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 October 6, 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 (jg01) |
Filing 8 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 11/21/2023., Discovery due by 6/25/2024., Expert Discovery due by 6/25/2024., Joinder of Parties due by 11/21/2023., Mediation Deadline 7/9/2024., In Limine Motions due by 10/7/2024., Dispositive Motions due by 7/17/2024., Motions due by 7/17/2024., Pretrial Stipulation due by 10/7/2024., Jury Trial set for 10/21/2024 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 10/15/2024 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 7/9/2024.), ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for Discovery Matters. Signed by Judge Beth Bloom on 9/22/2023. See attached document for full details. (nwn) #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. |
Filing 7 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by PETSMART, INC. (Bofill, Jorge) |
Filing 6 First MOTION to Dismiss 4 Order to Show Cause,,,, by PETSMART, INC.. Responses due by 9/28/2023 (Bofill, Jorge) |
Filing 5 NOTICE of Compliance by PETSMART, INC. re 4 Order to Show Cause,,,, (Attachments: #1 Docket Sheet) (Bofill, Jorge) |
Filing 4 PAPERLESS ORDER TO SHOW CAUSE re #3 Order Requiring Joint Scheduling Report ("Order"). THIS CAUSE is before the Court upon a sua sponte review of the record. On August 31, 2023, the Court ordered Defendant to file a notice with the Court attaching a true and correct copy of the docket sheet in the State Court Action, and to answer or otherwise respond to the underlying state court complaint unless Defendant has already done so in the State Court Action. ECF No. #3 at 1. To date, Defendant has not filed the docket sheet, nor has Defendant filed a response to the complaint and the record does not indicate whether Defendant had responded to the complaint in the State Court Action. See ECF No. #1 . Moreover, Defendant has not otherwise requested an extension of time to comply with the Order. Accordingly, it is ORDERED AND ADJUDGED that on or before 9/14/2023, Defendant shall comply with the requirements of the Order. Signed by Judge Beth Bloom (jg01) |
Filing 3 ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 9/21/2023 Signed by Judge Beth Bloom on 8/31/2023. See attached document for full details. (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 for Damages and Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-16886923, filed by PETSMART, INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Complaint, #3 Exhibit 2 - Summons and Return, #4 Exhibit 3 - Letter and Joint Stip, #5 Exhibit 4- P's Demand Letter, #6 Exhibit 5 - D's RFAs, #7 Exhibit 6 - P's Response to RFA, #8 Exhibit 7- All Pleadings)(Bofill, Jorge) No Answer/Motion To Dismiss Filed. Modified text & attachment description on 8/31/2023 (nwn). |
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Plaintiff: Ivette Martinez | |
Represented By: | Michael Joseph Arzillo |
Represented By: | Wilson Taylor Symons |
Represented By: | Benjamin Cody Mordes |
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Defendant: PETSMART, INC. | |
Represented By: | Michael Alexandar Garcia |
Represented By: | Jorge Javier Bofill |
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