Del Carpio v. Petsmart, LLC
| MARTHA DEL CARPIO |
| PETSMART, LLC |
| 1:2023cv24023 |
| October 22, 2023 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Edwin G Torres |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Defendant |
Docket Report
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Filing 29
AMENDED ORDER Scheduling Mediation before Markel Arrizabalaga, Esq. Mediation Hearing set for 5/29/2024 at 12:00 PM via Zoom video conference. Mediation Report due 6/3/2024. Signed by Judge Beth Bloom on 12/14/2023. See attached document for full details. (ls)
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| Filing 28 Amended NOTICE of Mediator Selection and Hearing. Selected/Added Markel Arrizabalaga as Mediator. Mediation Hearing set for May 29, 2024 at 12:00 p.m.. (Arrizabalaga, Markel) Modified Text on 12/15/2023 (ls). |
| Filing 27 Amended NOTICE of Mediator Selection and Hearing. Selected/Added Markel Arrizabalaga as Mediator. Mediation Hearing set for May 29, 2024 at 9:30 a.m.. (Arrizabalaga, Markel) Modified Text on 12/14/2023 (ls). |
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Filing 26
ORDER Scheduling Mediation before Markel Arrizabalaga, Esq. Mediation Hearing set for 5/21/2024 09:30 AM via Zoom video conference. Mediation Report due 5/24/2024. Signed by Judge Beth Bloom on 12/8/2023. See attached document for full details. (ls)
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| Filing 25 NOTICE of Mediator Selection and Hearing. Selected/Added Markel Arrizabalaga as Mediator. Mediation Hearing set for May 21, 2024 at 9:30 a.m.. (Arrizabalaga, Markel) |
| Filing 24 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Markel Arrizabalaga as Mediator. Mediation Hearing set for 5/21/2024 at 9:30 a.m.. (Attachments: #1 Text of Proposed Order)(Bofill, Jorge) |
| Filing 23 NOTICE of Striking #22 Notice of Mediator Selection and/or Hearing filed by Markel Arrizabalaga by Martha Del Carpio (Goldschmidt, Maxwell) |
| Filing 22 "STRICKEN" Joint NOTICE of Mediator Selection. Selected/Added Markel Arrizabalaga as Mediator. (Goldschmidt, Maxwell) Modified on 12/8/2023 (ls). (per DE #23 ) |
| Filing 21 Clerk's Notice to Filer re #18 Notice of Mediator Selection and/or Hearing. Mediator Not Added; ERROR - The Filer failed to add the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (ls) |
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Filing 20
ORDER TO SHOW CAUSE Requiring Parties to Comply with the requirements re #9 Scheduling Order. Show Cause Response due by 12/13/2023. Signed by Judge Beth Bloom on 12/6/2023. See attached document for full details. (ls)
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Filing 19
PAPERLESS ORDER TO SHOW CAUSE THIS CAUSE is before the Court upon a sua sponte review of the record. On November 14, 2023, the Court ordered the parties to jointly file a proposed order scheduling mediation, setting forth their selected mediator pursuant to Local Rule 16.2, and a time, date, and place for mediation. ECF No. #9 ("Scheduling Order "). On December 6, 2023, the parties filed a notice of mediator selection, but failed to designate a date, time, and location for the mediation. ECF No. #18 ("Notice"). Accordingly, it is ORDERED AND ADJUDGED that no later than December 13, 2023, the parties shall file a supplemental notice and proposed order scheduling mediation, as required by the Scheduling Order. 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 http://www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. Signed by Judge Beth Bloom (ebn)
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| Filing 18 NOTICE of Mediator Selection. Selected/Added Martha Del Carpio as Mediator. (Goldschmidt, Maxwell) |
| Filing 17 Defendant's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Petsmart, LLC. (Bofill, Jorge) |
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Filing 16
ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 11/29/2023. See attached document for full details. (mdc)
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Filing 15
PAPERLESS ORDER denying as moot #7 Motion to Dismiss. See Amended Complaint at ECF No. #14 . Signed by Judge Beth Bloom (BB)
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| Filing 14 AMENDED COMPLAINT against Petsmart, LLC, filed by Martha Del Carpio.(Goldschmidt, Maxwell) |
| Filing 13 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Petsmart, LLC (Bofill, Jorge) |
| Filing 12 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Martha Del Carpio identifying Corporate Parent West Kendall Baptist Hospital Inc., Corporate Parent MTR Medical Supply, Inc., Corporate Parent Radiology Associates of South Florida, LLC, Corporate Parent Miami Open MRI, Corporate Parent Miami Regional Surgery Center, Corporate Parent Miami Gardens Orthopedics, Corporate Parent Sunshine Rehab and Medical, Inc for Martha Del Carpio (Goldschmidt, Maxwell) |
| Filing 11 Clerk's Notice to Filer re #10 Certificate of Other Affiliates/Corporate Disclosure Statement,. Other Affiliates Not Entered; ERROR - The Filer failed to enter all Other Affiliates from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates. (ls) |
| Filing 10 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Martha Del Carpio identifying Corporate Parent West Kendall Baptist Hospital, Corporate Parent MTR Medical Supply, Corporate Parent Radiology Associates of South Florida, Corporate Parent Miami Open MRI, Corporate Parent Miami Gardens Orthopedics, Corporate Parent Sunshine Rehab and Medical, Inc. for Martha Del Carpio (Goldschmidt, Maxwell) Modified Text on 11/20/2023 (ls). |
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Filing 9
SCHEDULING ORDER: ( Amended Pleadings due by 1/16/2024., Discovery due by 8/6/2024., Expert Discovery due by 8/6/2024., Joinder of Parties due by 1/16/2024., Mediation Deadline 8/20/2024., In Limine Motions due by 11/18/2024., Dispositive Motions due by 8/28/2024., Motions due by 8/28/2024., Pretrial Stipulation due by 11/18/2024., Jury Trial set for 12/2/2024 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 11/26/2024 01:45 PM in Miami Division before Judge Beth Bloom.), ORDER REFERRING CASE to Mediation., and ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Beth Bloom on 11/14/2023. See attached document for full details. (ls) #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 8
PAPERLESS ORDER TO SHOW CAUSE THIS CAUSE is before the Court upon a sua sponte review of the record. On October 23, 2023, this Court entered its Order, ECF No. #3 , Order on Post Removal Procedures, requiring the parties to prepare and file a joint scheduling report pursuant to Local Rule 16.1, and certificates of interested parties. To date the parties have not complied. The parties shall have until November 21, 2023, to comply. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice. Signed by Judge Beth Bloom (ebn)
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| Filing 7 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint),, with Incorporated Memorandum of Law by Petsmart, LLC. Responses due by 11/20/2023 (Attachments: #1 Exhibit 1 - Hearing Transcript)(Bofill, Jorge) |
| Filing 6 NOTICE of Compliance of Filing Docket Sheet in State Court Action by Petsmart, LLC re #3 Order Requiring Joint Scheduling Report,, Set Response/Answer Due Deadline, 5 Order to Show Cause,,. Attorney Jorge Javier Bofill added to party Petsmart, LLC(pty:dft). (Attachments: #1 Docket Sheet) (Bofill, Jorge) |
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Filing 5
PAPERLESS ORDER TO SHOW CAUSE THIS CAUSE is before the Court upon a sua sponte review of the record. On October 23, 2023, the Court entered an Order, ECF No. #3 , Order on Post-Removal Procedures, requiring Defendant to file a notice with a true and correct copy of the docket sheet in the State Court Action, and to answer or otherwise respond to the underlying complaint unless Defendant has already done so in the State Court Action by October 30, 2023. To date Defendant has not complied. Defendant shall have until November 9, 2023 to comply. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice. Signed by Judge Beth Bloom (ebn)
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| Filing 4 NOTICE of Attorney Appearance by Maxwell Ryan Goldschmidt on behalf of Martha Del Carpio (Goldschmidt, Maxwell) |
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Filing 3
Order on Post-Removal Procedures, and Requiring Joint Scheduling Report and Certificates of Interested Parties. (Joint Scheduling Report due by 11/13/2023), Petsmart, LLC response/answer due 10/30/2023. Signed by Judge Beth Bloom on 10/23/2023. See attached document for full details. (ls)
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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. (wce) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 402.00 receipt number AFLSDC-17012630, filed by PETSMART, LLC, a Florida Corporation. (No Answer/ Motion to Dismiss Filed.) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Complaint, #3 Exhibit 2 - Summons and Return, #4 Exhibit 3 - Letter and Joint Stip, #5 Exhibit 4 - Correspondence with Plaintiff dated 4-17-2023, #6 Exhibit 5 - Correspondence with Plaintiff dated 4-18-2023, #7 Exhibit 6 - All Pleadings)(Garcia, Michael) Modified Text on 10/23/2023 (wce). |
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| Plaintiff: MARTHA DEL CARPIO | |
| Represented By: | Maxwell Ryan Goldschmidt |
| Represented By: | Thomas Jeremiah Morgan, Jr. |
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| Defendant: PETSMART, LLC | |
| Represented By: | Michael Alexandar Garcia |
| Represented By: | Jorge Javier Bofill |
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