Foisie v. Biss et al
| Janet Foisie |
| Worchester Polytechnic Institute, Patricia Biss and Unknown Representative of the Estate of Robert A. Foisie |
| 2:2019cv14143 |
| April 26, 2019 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Robin L Rosenberg |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on September 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 49 ACKNOWLEDGMENT OF RECEIPT as to #47 Transmittal Letter Sent (ebz) |
| Filing 48 RESPONSE TO OBJECTION to #43 Report and Recommendations by Janet Foisie. (Clayton, Walter) |
| Filing 47 Transmittal Letter Sent with Order Adopting Magistrate's Report and Recommendations and Remanding Case to State Court to: 19th Judicial Circuit and for St. Lucie County, FL. State Court Case Number: 562019CA000572AXXXHC (mc) |
Filing 46
ORDER ADOPTING REPORT AND RECOMMENDATIONS AND REMANDING CASE TO STATE COURT. Magistrate Judge Maynard's Report and Recommendations, DE #43 , is herebyADOPTED. Plaintiff's Motion to Remand, DE #19 , is GRANTED. This case is REMANDED to the Nineteenth Judicial Circuit in and for St. Lucie County, Florida. The Clerk of Court is instructed to CLOSE this case, TERMINATE all deadlines, and DENY all pending motions as moot. Signed by Judge Robin L. Rosenberg on 8/23/2019. See attached document for full details. (mc)
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| Filing 45 OBJECTIONS to #43 Report and Recommendations on the Motion to Remand by Worchester Polytechnic Institute. (Attachments: #1 Exhibit A)(Boeke, Noel) |
| Filing 44 Notice of No Objection to #43 REPORT AND RECOMMENDATIONS re #19 MOTION to Remand to State Court filed by Janet Foisie Recommending to the District Court that the Plaintiffs Motion to Remand (DE 19) be GRANTED.. by Janet Foisie. (Clayton, Walter) |
| Filing 43 REPORT AND RECOMMENDATIONS re #19 MOTION to Remand to State Court filed by Janet Foisie Recommending to the District Court that the Plaintiff's Motion to Remand (DE 19) be GRANTED. Objections to R&R due by 8/12/2019 Signed by Magistrate Judge Shaniek M. Maynard on 7/29/2019. See attached document for full details. (mc) |
| Filing 42 Notice of Entry of Parties Listed on 41 Clerks Notice of Docket Correction and Instruction to Filer - Attorney into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Charles W Ross. (Clayton, Walter) |
| Filing 41 Clerks Notice to Filer re #40 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 and add the mediator. (jas) |
| Filing 40 NOTICE of Mediator Selection. Added Janet Foisie. (Clayton, Walter) |
| Filing 39 RESPONSE in Support re #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support filed by Worchester Polytechnic Institute. (Boeke, Noel) |
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Filing 38
ORDER SETTING DISCOVERY STATUS CONFERENCE and ORDER REQUIRING JOINT DISCOVERY STATUS REPORT Joint Discovery Status Report due by 12/9/2019. Telephonic final Discovery Status Conference set for 12/12/2019 02:30 PM before Magistrate Judge Shaniek M. Maynard. Signed by Magistrate Judge Shaniek M. Maynard on 6/20/2019. See attached document for full details. (ebz)
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| Filing 37 REPLY in Support re #19 MOTION to Remand to State Court filed by Janet Foisie. (Clayton, Walter) |
| Filing 36 RESPONSE in Opposition re #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support filed by Janet Foisie. Replies due by 6/20/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Clayton, Walter) |
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Filing 35
ORDER Granting #27 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Joshua James Bone. Signed by Magistrate Judge Shaniek M. Maynard on 6/10/2019. See attached document for full details. (ebz)
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Filing 34
PAPERLESS ORDER granting #32 Motion for Extension of Time to File Response/Reply to Motion. Replies on the #12 Motion to Dismiss due by 6/27/2019. Signed by Judge Robin L. Rosenberg on 6/10/2019. (kbs)
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Filing 33
PAPERLESS ORDER REFERRING #19 MOTION to Remand to State Court to Judge Shaniek M. Maynard. Signed by Judge Robin L. Rosenberg on 6/10/2019. (kbs)
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| Filing 32 Agreed MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support, 26 Order on Motion for Extension of Time to File Response/Reply/Answer,, by Worchester Polytechnic Institute. (Boeke, Noel) |
| Filing 30 AFFIDAVIT signed by : Khalid Shabazz. of Service on Patricia Biss by Janet Foisie (Clayton, Walter) |
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Filing 31
SCHEDULING ORDER: ( All Discovery due by 1/6/2020.), and ORDER REFERRING CASE to Mediation. ( Mediation Deadline 2/27/2020.) Signed by Judge Robin L. Rosenberg on 6/7/2019. See attached document for full details. (ls)
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| Filing 29 MEMORANDUM in Opposition re #19 MOTION to Remand to State Court by Worchester Polytechnic Institute. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Boeke, Noel) |
| Filing 28 Joint SCHEDULING REPORT - Rule 26(f) by Patricia Biss, Unknown Representative of the Estate of Robert A. Foisie, Worchester Polytechnic Institute (Boeke, Noel) |
| Filing 27 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua James Bone. Filing Fee $ 75.00 Receipt # 113C-11711022 by Worchester Polytechnic Institute. Responses due by 6/21/2019 (Boeke, Noel) |
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Filing 26
PAPERLESS ORDER granting in part and denying in part Plaintiff's #24 Motion to File Out of Time Response. The Court grants an extension to Plaintiff to respond to the Motion to Dismiss, but only until June 13, 2019. The Court notes that the Motion does not comply with Local Rule 7.1(a)(3), however the Court is issuing its ruling on the Motion so as not to incur further delay in the briefing of the Motion to Dismiss. In addition, the Court cautions Plaintiff's counsel of counsel's responsibility to monitor the notices of electronic filings in this case; further failures to monitor docket activity in this case will not be excused. Signed by Judge Robin L. Rosenberg on 6/6/2019. (kbs)
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| Filing 25 Clerks Notice to Filer re #24 MOTION for Extension of Time to File Response to Motion to Dismiss re #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 24 Motion for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support by Janet Foisie. Responses due by 6/19/2019 (Clayton, Walter) Modified Relief on 6/6/2019 (ls). |
| Filing 23 STATUS REPORT Remand Status Report by Worchester Polytechnic Institute (Attachments: #1 Exhibit A)(Boeke, Noel) |
| Filing 22 CERTIFICATE OF SERVICE by Worchester Polytechnic Institute re #20 Notice of Court Practice/to Appear/Other (Boeke, Noel) |
| Filing 21 CERTIFICATE OF SERVICE by Worchester Polytechnic Institute re #16 Order on Motion to Appear Pro Hac Vice, #14 Order on Motion to Appear Pro Hac Vice, #13 Order, #11 Scheduling Order,,,, Order of Requirements,,,, Order Referring Case to Magistrate Judge,,, #15 Order on Motion to Appear Pro Hac Vice, (Boeke, Noel) |
| Filing 20 Notice of Court Practice In Removal Cases. Signed by Judge Robin L. Rosenberg on 5/24/2019. See attached document for full details. (jas) |
| Filing 19 MOTION to Remand to State Court by Janet Foisie. (Clayton, Walter) |
| Filing 18 Notice of Pending, Refiled, Related or Similar Actions by Janet Foisie (Clayton, Walter) |
| Filing 17 NOTICE of Attorney Appearance by Walter Andrew Clayton, Jr on behalf of Janet Foisie. Attorney Walter Andrew Clayton, Jr added to party Janet Foisie(pty:pla). (Clayton, Walter) |
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Filing 16
ORDER granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jennifer L. Chunias, Esq.. Signed by Magistrate Judge Shaniek M. Maynard on 5/23/2019. See attached document for full details. (jas)
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Filing 15
ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Samuel J. Gamer, Esq.. Signed by Magistrate Judge Shaniek M. Maynard on 5/23/2019. See attached document for full details. (jas)
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Filing 14
ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Roberto M. Braceras, Esq.. Signed by Magistrate Judge Shaniek M. Maynard on 5/23/2019. See attached document for full details. (jas)
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Filing 13
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Shaniek M. Maynard on 5/20/2019. See attached document for full details. (ebz)
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| Filing 12 MOTION to Dismiss with Prejudice #1 Notice of Removal (State Court Complaint), and Memorandum of Law in Support by Worchester Polytechnic Institute. Responses due by 5/31/2019 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Boeke, Noel) |
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Filing 11
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OFREQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: (Jury Trial set for 4/27/2020 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 4/22/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 3/11/2020 09:30 AM before Judge Robin L. Rosenberg.), Order of Court-Mandated Requirements in, ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard for Discovery Matters. Signed by Judge Robin L. Rosenberg on 5/16/2019. See attached document for full details. (ebz) #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 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Roberto M. Braceras. Filing Fee $ 75.00 Receipt # 113C-11600203 by Worchester Polytechnic Institute. Responses due by 5/14/2019 (Boeke, Noel) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Samuel J. Gamer. Filing Fee $ 75.00 Receipt # 113C-11600176 by Worchester Polytechnic Institute. Responses due by 5/14/2019 (Boeke, Noel) |
| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer L. Chunias. Filing Fee $ 75.00 Receipt # 113C-11600083 by Worchester Polytechnic Institute. Responses due by 5/14/2019 (Boeke, Noel) |
| Filing 7 CERTIFICATE OF SERVICE by Worchester Polytechnic Institute re 2 Clerk's Notice of Judge Assignment,, #6 Certificate of Other Affiliates/Corporate Disclosure Statement, #5 Bar Letter, #3 Agreed MOTION for Extension of Time to File Response/Reply/Answer to Complaint, 4 Order on Motion for Extension of Time to File Response/Reply/Answer (Boeke, Noel) |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Worchester Polytechnic Institute (Boeke, Noel) |
| Filing 5 Bar Letter re: Admissions sent to attorney John J. Waskom, mailing date April 29, 2019, (pt) |
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Filing 4
PAPERLESS ORDER granting #3 Motion for Extension of Time to File Response/Answer. Answer due 5/17/2019. Signed by Judge Robin L. Rosenberg on 4/29/2019. (kbs)
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| Filing 3 Agreed MOTION for Extension of Time to File Response/Reply/Answer to Complaint by Worchester Polytechnic Institute. (Boeke, Noel) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 400.00 receipt number 113C-11593541, filed by Worchester Polytechnic Institute. No Motion to Dismiss and/or Answer has been attached.(Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Boeke, Noel) Modified on 4/29/2019 (ebz). |
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