ESTATE OF ALFREDO J. BARRERA v. Walgreen Co. et al
| ESTATE OF ALFREDO J. BARRERA |
| Walgreen Co. and Melinda Davis |
| 1:2023cv24281 |
| November 7, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Lauren Fleischer Louis |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 26 Plaintiff's REPLY to Response to Motion re #13 Plaintiff's MOTION to Remand to State Court Pursuant To 28 U.S.C. 1447(c) and Response to Motion To Dismiss filed by ESTATE OF ALFREDO J. BARRERA. (Strauss, Ronald) |
| Filing 25 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by ESTATE OF ALFREDO J. BARRERA (Strauss, Ronald) |
| Filing 24 Joint NOTICE by ESTATE OF ALFREDO J. BARRERA Scheduling Report (Attachments: #1 Text of Proposed Order Proposed Scheduling Order Setting Civil Trial date and Pretrial Schedule) (Strauss, Ronald) |
| Filing 23 Certificate of Other Affiliates/Corporate Disclosure Statement by Walgreen Co. (Gamm, Paul) |
| Filing 22 RESPONSE in Opposition re #13 Plaintiff's MOTION to Remand to State Court Pursuant To 28 U.S.C. 1447(c) and Response to Motion To Dismiss filed by Walgreen Co.. Replies due by 12/20/2023. (Gamm, Paul) |
| Filing 21 RESPONSE in Support re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by Walgreen Co.. (Gamm, Paul) |
| Filing 20 RESPONSE in Opposition re #4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), filed by ESTATE OF ALFREDO J. BARRERA. Replies due by 12/15/2023. (Strauss, Ronald) |
Filing 19
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before December 19, 2023, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)
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Filing 18
PAPERLESS ORDER REFERRING CASE to Magistrate Judge Lauren Fleischer Louis for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge Darrin P. Gayles (hs01)
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Filing 17
PAPERLESS ORDER granting #16 Plaintiff's Renewed Verified Motion to Vacate Dismissal Pursuant to Federal Rules of Civil Procedure, Rule 60 and Reinstate Case. The Order dismissing this action 11 is vacated and this action is reopened. Plaintiff shall file a separate response to Defendant's Motion to Dismiss #4 . Signed by Judge Darrin P. Gayles (hs01)
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| Case Reopened (hs01) |
| Filing 16 Renewed MOTION to Vacate Dismissal Pursuant to Federal Rules of Civil Procedure, Rule 60 and Reinstate Case by ESTATE OF ALFREDO J. BARRERA. Responses due by 12/18/2023 (Attachments: #1 Exhibit Affidavit of Alba Varela, #2 Exhibit Affidavit of Rebecca Pelaez, #3 Text of Proposed Order Order on Renewed Verified Motion to Vacate Dismissal and Reinstate Case)(Strauss, Ronald) |
| Filing 15 NOTICE by Walgreen Co. OF NON OBJECTION (Gamm, Paul) |
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Filing 14
PAPERLESS ORDER denying #12 Plaintiff's Verified Motion to Vacate Dismissal Pursuant to Federal Rules of Civil Procedure, Rule 60 and Reinstate Case. Plaintiff has failed to fully comply with S.D. Fla. L.R. 7.1(a)(3). Counsel shall identify with specificity the reasonable efforts to confer (including the date, time, and manner of each effort). The Motion is denied without prejudice. Signed by Judge Darrin P. Gayles (hs01)
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| Filing 13 Plaintiff's MOTION to Remand to State Court Pursuant To 28 U.S.C. 1447(c) and Response to Motion To Dismiss by ESTATE OF ALFREDO J. BARRERA. (Attachments: #1 Supplement Index of Cases, #2 Text of Proposed Order Granting Plaintiffs Motion to Remand Pursuant To 28 U.S.C. 1447(c) and Response to Motion To Dismiss)(Strauss, Ronald) |
| Filing 12 Plaintiff's MOTION to Vacate Dismissal Pursuant to Federal Rules of Civil Procedure, Rule 60 and Reinstate Case (Verified) by ESTATE OF ALFREDO J. BARRERA. Responses due by 12/13/2023 (Attachments: #1 Exhibit A - Affidavit of Alba Varela, #2 Exhibit B - Affidavit of Rebecca Pelaez, #3 Text of Proposed Order Granting Verified Motion to Vacate Dismissal Pursuant to Federal Rules of Civil Procedure, Rule 60 and Reinstate Case)(Strauss, Ronald) |
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Filing 11
Vacated per Order DE#19-PAPERLESS ORDER granting #4 Defendants' Motion to Dismiss. Plaintiff failed to timely respond to the Motion to Dismiss, therefore the Complaint is dismissed without prejudice and this case is closed. Signed by Judge Darrin P. Gayles (hs01) Modified text on 12/5/2023 (drz).
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| Filing 10 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (hs01) |
| Filing 9 CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorney's PACER account for attorney Paul Jay Gamm re #6 Notice of Change of Address, Email or Law Firm Name. (cw) |
| Filing 8 Clerk's Notice to Filer re: Electronic Case Re: 0:23-cv-62124. Wrong Venue selected by Filer. CASE HAS BEEN RENUMBERED, the new case number is 1:23-cv-24281. (pes) |
| Filing 7 Corrected Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pes) |
| Filing 6 NOTICE of Change of Address, Email or Law Firm Name by Paul Jay Gamm (Gamm, Paul) |
| Filing 5 Defendant's NOTICE by Walgreen Co. re 3 Clerk's Notice to Filer re: Electronic Case, #1 Notice of Removal (State Court Complaint), Notice of Filing Civil Cover Sheet (Attachments: #1 Civil Cover Sheet) (Gamm, Paul) |
| Filing 4 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Walgreen Co.. Responses due by 11/22/2023 (Gamm, Paul) |
| Filing 3 Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (caw) |
| Filing 2 Cler's Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (caw) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Wrongful Death Pursuant to Florida Statute 768.21 and Damages; and Demand for Jury Trial) Filing fee $ 402.00 receipt number AFLSDC-17055217, filed by Walgreen Co.. (Attachments: #1 Exhibit, #2 Exhibit - State Court Complaint, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Gamm, Paul) Modified on 11/8/2023: No Answer/Motion to Dismiss filed (caw). |
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