Kelly v. Wal-Mart Stores East, LP et al
| Wal-Mart Stores East, LP, Orlita Kelly and JOHN DOE |
| 2:2023cv14351 |
| November 6, 2023 |
| US District Court for the Southern District of Florida |
| Ryon M McCabe |
| K Michael Moore |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 Transmittal Letter Sent with Docket Sheet to: 19th Judicial Circuit, St. Lucie County, FL. State Court Case Number: 56-02023-CA-000974-XXXX-HC (drz) |
Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation to Voluntarily Remand. #11 . Therein, Plaintiff requests that the Court remand this case back to the Circuit Court of the 19th Judicial Circuit in and for St. Lucie County, Florida. Id. Accordingly, UPON CONSIDERATION of the Motion #11 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Unopposed Motion to Remand #11 is GRANTED. This case is REMANDED to the 19th Judicial Circuit in and for St. Lucie County, Florida. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 12/21/2023. (rhr)
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| Filing 11 STIPULATION To Voluntarily Remand by Wal-Mart Stores East, LP (Nachio, Joanne) |
| Filing 10 MOTION to Remand to State Court and Amend the Complaint by Orlita Kelly. (Urban, Mark) |
| Filing 9 Joint SCHEDULING REPORT - Rule 16.1 by Orlita Kelly (Attachments: #1 Exhibit Proposed Scheduling Order)(Urban, Mark) |
| Filing 8 CLERK'S NOTICE - Attorney Admissions has updated primary email information as submitted through attorney's PACER account for attorney Mark S. Urban, Jr. re #7 Notice of Change of Address, Email or Law Firm Name. The Court is NOT responsible for updating secondary email addresses. See the Court's website for information on how to update secondary email addresses. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Mark S Urban, Jr (Urban, Mark) |
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Filing 6
ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Ryon M. McCabe on 11/7/2023. See attached document for full details. (nan)
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE RYON M. MCCABE. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Ryon M. McCabe to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge McCabe's discovery procedures. Signed by Judge K. Michael Moore on 11/7/2023. (rhr)
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Filing 4
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. 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. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 11/7/2023. (rhr)
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| Filing 3 Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. The Clerk has added the parties associated with the case. It is not necessary to re-file this document. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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) Filing fee $ 402.00 receipt number AFLSDC-17052652, filed by Wal-Mart Stores East, LP. (Answer Ex.24/ No Motion to Dismiss)(Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Docket Sheet, #8 Exhibit Civil Cover Sheet - state, #9 Exhibit Complaint, #10 Exhibit Summons, #11 Exhibit Summons, #12 Exhibit Summons, #13 Exhibit Summons, #14 Exhibit Interrogatories, #15 Exhibit Request for Production, #16 Exhibit Return of Service, #17 Exhibit Return of Service, #18 Exhibit Notice of Appearance, #19 Exhibit Motion for Extension of Time, #20 Exhibit Notice of Limited Appearance, #21 Exhibit Motion for Extension of Time, #22 Exhibit Agreed Order, #23 Exhibit Agreed Order, #24 Exhibit Answer & Affirmative Defenses, #25 Exhibit Motion to be Notified, #26 Exhibit Interrogatories, #27 Exhibit Interrogatories, #28 Exhibit Request to Produce, #29 Exhibit Request for Admissions, #30 Exhibit Motion to Quash, #31 Exhibit Response to Motion to Quash, #32 Exhibit Notice of Production from Non-Party, #33 Exhibit Request to Produce, #34 Exhibit Motion for Extension of Time, #35 Exhibit Objection to Notice of Production from Non-Party, #36 Exhibit Response to Request for Admission, #37 Exhibit Motion for Extension of Time, #38 Exhibit Notice of Hearing, #39 Exhibit Response to Request for Production, #40 Exhibit Response to Request for Production, #41 Exhibit Notice of Production from Non-Party, #42 Exhibit Interrogatories, #43 Exhibit Request for Admission)(Nachio, Joanne) Modified Text on 11/7/2023 (wce). |
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