Gallup et al v. Walmart Stores East, LP, et al
| Michael Gallup and Sharon Gallup |
| Walmart Inc., Walmart Stores East, LP and XYZ Corporation |
| 2:2020cv14131 |
| April 30, 2020 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Robin L Rosenberg |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.
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Filing 25
ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS MOTION TO REMAND. ORDER DENIED WITHOUT PREJUDICE re #19 Plaintiffs' Motion to Remand. ( Responses due by 7/8/2020) All other pending motions are DENIED AS MOOT. Signed by Judge Robin L. Rosenberg on 6/29/2020. See attached document for full details. (amb)
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| Set/Reset Answer Due Deadline per DE #25 Order: All Defendants. Deadline(s)/Hearing(s) terminated. (amb) |
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Filing 24
ORDER SETTING DISCOVERY STATUS CONFERENCE and ORDER REQUIRING JOINT DISCOVERY STATUS REPORT. ( Status Report due by 11/30/2020.) Final Discovery Status Conference Re: Discovery Matters set for 12/3/2020 03:30 PM in Fort Pierce Division before Magistrate Judge Shaniek M. Maynard. Signed by Magistrate Judge Shaniek M. Maynard on 6/25/2020. See attached document for full details. (amb)
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| Filing 23 REPLY to Response to Motion re #5 Motion to Dismiss in Opposition to Defendant's Amended Notice of Removal and Incorporated Memorandum of Law, and Plaintiffs' Motion to Remand and Incorporated Memorandum of Law filed by Michael Gallup. (Porter, Marwan) |
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Filing 22
SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Discovery due by 1/11/2021., Dispositive Motions due by 2/10/2021.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 3/10/2021.) Signed by Judge Robin L. Rosenberg on 6/22/2020. See attached document for full details. (amb) #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 21 Joint SCHEDULING REPORT - Rule 16.1 by Michael Gallup (Porter, Marwan) |
| Filing 20 Defendant's RESPONSE to #19 Response in Opposition to Motion,, Walmart Defendants' Response to Plaintiffs' Motion in Opposition to Walmart Defendants' Amended Notice of Removal and Incorporated Memorandum of Law, and Plaintiff's Motion to Remand and Incorporated Memorandum of Law by Walmart Inc., Walmart Stores East, LP. (DiBello, Darin) |
| Filing 19 RESPONSE in Opposition re #5 Motion to Dismiss to Defendants' Amended Notice of Removal and Incorporated Memorandum of Law and Plaintiffs' Motion to Remand and Incorporated Memorandum of Law filed by Michael Gallup. Replies due by 6/16/2020. (Attachments: #1 Exhibit A - Plaintiffs' Complaint for Damages and Demand for Jury Trial, #2 Exhibit B - Defendants' Motion to Dismiss Complaint, #3 Exhibit C - Plaintiff's Amended Motion for Leave to File Amended Complaint)(Porter, Marwan) |
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Filing 18
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 6/3/2020. See attached document for full details. (jas)
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| Filing 17 Clerks Notice of Docket Correction re #16 Scheduling Order. ERROR: Incorrect Image attached: Correction: Image replaced with correct copy. SEE ATTACHED for Copy. (ail) |
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Filing 16
ORDER SETTING STATUS CONFERENCE,CALENDAR CALL, AND TRIAL DATE, ORDER OFREQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: Jury Trial set for 5/10/2021 at 9:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 5/5/2021 at 9:00 AM before Judge Robin L. Rosenberg., Status Conference set for 4/7/2021 at 9:30 AM before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 6/3/2020. See attached document for full details. (ail) #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. (Main Document 16 replaced with correct image on 6/3/2020) (ail).
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| Filing 15 RESPONSE to #8 Response/Reply (Other),, Walmart Defendants' Opposition to Plaintiffs' Motion to Remand by Walmart Inc., Walmart Stores East, LP. (Attachments: #1 Exhibit A, #2 Exhibit B)(DiBello, Darin) |
| Filing 14 REPLY by Walmart Inc., Walmart Stores East, LP re #9 Response In Opposition to Defendant's Motion to Dismiss (DiBello, Darin) Text Modified on 5/22/2020 (ail). |
| Filing 13 Clerks Notice to Filer re #11 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see #12 Notice of Removal (State Court Complaint). It is not necessary to refile this document. (ail) |
| Filing 12 AMENDED NOTICE OF REMOVAL (STATE COURT COMPLAINT - 2020CA000426AXXXHC), filed by XYZ Corporation, Walmart Stores East, LP, Walmart Inc..(ail) |
| Filing 11 NOTICE by Walmart Inc., Walmart Stores East, LP re 6 Order,,, Amended Notice of Removal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (DiBello, Darin) |
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Filing 10
PAPERLESS ORDER correcting scrivener's error. The final line of the Court's 6 Order Requiring Amended Notice of Removal is amended to read: "Defendants shall file an Amended Notice of Removal by 12:00 PM on 5/18/2020." Signed by Judge Robin L. Rosenberg on 5/15/2020. (hhn)
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| Filing 9 Plaintiff's RESPONSE to #5 Notice of Compliance Defendants' Motion to Dismiss Complaint by Michael Gallup. (Attachments: #1 Exhibit A - Plaintiffs' Complaint for Damages and Demand for Jury Trial, #2 Exhibit B - Defendants' Motion to Dismiss Complaint, #3 Exhibit C - Plaintiff's Amended Motion for Leave to File Amended Complaint)(Porter, Marwan) |
| Filing 8 Plaintiff's RESPONSE in Opposition to Defendants' Notice of Removal and Incorporated Memorandum of Law and Plaintiffs' Motion to Remand and Incorporated Memorandum of Law by Michael Gallup. (Attachments: #1 Exhibit Exh A - Plaintiffs' Complaint for Damages, #2 Exhibit Exh B - Defendants' Motion to Dismiss Complaint, #3 Exhibit Exh C - Plaintiffs' Motion for Leave to File Amended Complaint, #4 Exhibit Exh D - Plaintiffs' Amended Motion for Leave to File Amended Complaint)(Porter, Marwan) |
| Filing 7 NOTICE by Walmart Inc., Walmart Stores East, LP re #5 Notice of Compliance - Response to Plaintiffs' Motion for Leave to File Amended Complaint (DiBello, Darin) |
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Filing 6
PAPERLESS ORDER REQUIRING AMENDED NOTICE OF REMOVAL. Upon a sua sponte review of the record, the Court notes that #1 Notice of Removal does not properly allege citizenship for diversity purposes. "[U]nincorporated associations do not themselves have any citizenship, but instead must prove the citizenship of each of their members to meet the jurisdictional requirements of 28 U.S.C. 1332." Underwriters at Lloyd's London v. Osting-Schwinn, 613 F.3d 1079, 1086 (11th Cir. 2010). To sufficiently allege the citizenship of Walmart Stores East, LP, Defendant must must identify each member of the limited partnership, the type of entity of each member, the citizenship of each member, and, if the members are also unincorporated associations, the citizenships of the members of such associations. Plaintiff shall file an Amended Notice of Removal by 12:00 PM on 5/18/2020. Signed by Judge Robin L. Rosenberg on 5/8/2020. (hhn)
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| Filing 5 NOTICE of Compliance With Local Rule 7.2 by Walmart Inc., Walmart Stores East, LP (Attachments: #1 Motion to Dismiss Complaint, #2 Motion to Amend Complaint) (DiBello, Darin)Event Modified on 5/22/2020 (Motion pending before this Court)(ail). |
| Filing 4 Notice of Entry of Parties Listed on 3 Clerks Notice to Filer re: Electronic Case, 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): XYZ Corporation. (DiBello, Darin) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (amb) |
| 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. (amb) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL) Filing fee $ 400.00 receipt number AFLSDC-12821383, filed by Walmart Stores East, LP, Walmart Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(DiBello, Darin) |
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