MENDIETA v. HOLIDAY CVS, LLC
| JUAN FRANCISCO MENDIETA |
| HOLIDAY CVS, LLC |
| 1:2023cv23439 |
| September 8, 2023 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| 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 October 4, 2023. A more recent docket listing may be available from PACER.
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Filing 11
PAPERLESS ORDER: The Court grants #9 counsel for the Plaintiff's motion to withdraw as counsel due to irreconcilable differences. The Plaintiff has consented to the withdrawal and no party will be prejudiced by the withdrawal. By October 26, 2023, the Plaintiff must either (a) retain new counsel and have that counsel file a notice of appearance with the Court, or (b) file a notice with the Court stating that he wishes to represent himself (i.e., proceed pro se). The Plaintiff's failure to timely retain new counsel, or file a notice regarding proceeding pro se, may result in dismissal. Further, the Court revises the deadline for the filing of an amended complaint set in #10 its order striking the complaint. The Plaintiff must file an amended complaint by October 26, 2023. Signed by Judge Robert N. Scola, Jr. (mb02)
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Filing 10
Order Striking State Court Complaint. ORDER denying without prejudice #5 Motion to Dismiss. Amended Complaint due by 10/13/2023. Signed by Judge Robert N. Scola, Jr on 10/4/2023. See attached document for full details. (nwn)
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| Filing 9 MOTION to Withdraw as Attorney by Andres Hermida for / by JUAN FRANCISCO MENDIETA. Responses due by 10/18/2023 (Hermida, Andres) |
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Filing 8
PAPERLESS ORDER: The Court denies #7 the Plaintiff's counsel's motion to withdraw as attorney without prejudice for failure to include a Rule 7.1(a)(3) certification of conferral. "Defendant's motion does not certify that the parties have conferred regarding this motion as is required by Rule 7.1(a)(3) of the Local Rules of the United States District Court for the Southern District of Florida and shall be denied accordingly." Williams Island Synagogue, Inc. v. City of Aventura, 329 F. Supp. 2d 1319, 1327-28 (S.D. Fla. 2004). Signed by Judge Robert N. Scola, Jr. (mb02)
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| Filing 7 MOTION to Withdraw as Attorney by Andres Hermida for / by JUAN FRANCISCO MENDIETA. Responses due by 10/11/2023 (Hermida, Andres) |
| Filing 6 NOTICE of Attorney Appearance by Andres Alejandro Hermida on behalf of JUAN FRANCISCO MENDIETA. Attorney Andres Alejandro Hermida added to party JUAN FRANCISCO MENDIETA(pty:pla). (Hermida, Andres) |
| Filing 5 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, Because It Alleges Negligent Mode of Operation, by HOLIDAY CVS, LLC. Responses due by 9/29/2023 (Attachments: #1 Exhibit 1 - Plaintiff's Complaint)(Liro, Jacob) |
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Filing 4
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 9/13/2023. See attached document for full details. (fbn)
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Filing 3
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge. ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 9/12/2023. See attached document for full details. (nwn)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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 (STRICKEN 1-2 PER DE#10) NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16904176, filed by HOLIDAY CVS, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit 1 - State Court Complaint & Composite Exhibit, #3 Exhibit 2 - Plaintiff's Demand Letter, #4 Exhibit 3 - CVS 2023 Annual Report, #5 Exhibit 4 - Notice of Filing Notice of Removall)(Liro, Jacob) No Answer/Motion to Dismiss Filed. Modified text & attachment description on 9/8/2023 (nwn). Modified text on 10/4/2023 (nwn). |
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| Plaintiff: JUAN FRANCISCO MENDIETA | |
| Represented By: | Byron Jackson, T. |
| Represented By: | Andres Alejandro Hermida |
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| Defendant: HOLIDAY CVS, LLC | |
| Represented By: | Michael Leonard McCoy |
| Represented By: | Jacob J Liro |
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