Ogwin v. Wal-Mart Stores East, LP
| Loise Ogwin |
| Wal-Mart Stores East, LP |
| 2:2025cv14313 |
| September 2, 2025 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Shaniek Mills Maynard |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on February 24, 2026. A more recent docket listing may be available from PACER.
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Filing 29
PAPERLESS ORDER denying as moot #27 Defendant's Unopposed Motion for Extension of Time to Reply. Defendant filed a timely reply #28 . Signed by Judge Aileen M. Cannon 2/24/2026. (jj02)
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| Filing 28 REPLY in Support of Motion re #25 Defendant's MOTION to Dismiss with Prejudice #22 Amended Complaint/Amended Notice of Removal . filed by Wal-Mart Stores East, LP. (Sparks, Derek) |
| Filing 27 Unopposed MOTION for Extension of Time to Reply to Plaintiff's Response to Defendant's Motion to Dismiss re #26 Response/Reply (Other) by Wal-Mart Stores East, LP. Responses due by 2/19/2026. (Attachments: #1 Text of Proposed Order)(Fairbanks, Andrew) |
| Filing 26 Plaintiff's RESPONSE to #25 Defendant's MOTION to Dismiss with Prejudice #22 Amended Complaint/Amended Notice of Removal by Loise Ogwin. (Bryan Farr, Althea) |
| Filing 25 Defendant's MOTION to Dismiss with Prejudice #22 Amended Complaint/Amended Notice of Removal by Wal-Mart Stores East, LP. Responses due by 1/30/2026. (Sparks, Derek) |
| Set Answer Due Deadline: Wal-Mart Stores East, LP answer due 1/16/2026. Per DE 24 . (cwc) |
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Filing 24
PAPERLESS ORDER granting #23 Defendant's Unopposed Motion of Extension of Time to File a Response/Answer to Plaintiff's #22 Amended Complaint. On or before January 16, 2026, Defendant shall file an Answer or Responsive Motion to Plaintiff's #22 Amended Complaint. Signed by Judge Aileen M. Cannon on 1/4/2026. (jj02)
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| Filing 23 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #22 Amended Complaint/Amended Notice of Removal by Wal-Mart Stores East, LP. (Attachments: #1 Text of Proposed Order)(Sparks, Derek) |
| Filing 22 Plaintiff's AMENDED COMPLAINT against Wal-Mart Stores East, LP, filed by Loise Ogwin.(Bryan Farr, Althea) |
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Filing 21
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION granting in part and denying in part DE #5 Motion to Dismiss for Failure to State a Claim and Adopting DE 18 Report and Recommendations. ( Amended Complaint due by 12/16/2025.) Signed by Judge Aileen M. Cannon on 12/8/2025. See attached document for full details. (cwc)
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| Filing 20 RESPONSE TO OBJECTION to 18 Report and Recommendations by Loise Ogwin. (Bryan Farr, Althea) |
| Filing 19 OBJECTIONS to 18 Report and Recommendations by Wal-Mart Stores East, LP. (Sparks, Derek) |
| Filing 18 PAPERLESS REPORT AND RECOMMENDATION: On November 13, 2025, I held a hearing on Defendant's Motion to Dismiss #5 Plaintiff's Complaint with prejudice. I discussed each count of the operative Complaint #1 -2 with the parties, noting various pleading deficiencies pointed out in Defendant's Motion to Dismiss. Plaintiff agreed that if provided an opportunity to amend the Complaint, she would allege additional facts to support her legal claims and remedy pleading deficiencies. Based on Plaintiff's agreement, I respectfully RECOMMEND that Defendant's Motion to Dismiss #5 be GRANTED IN PART AND DENIED IN PART. I recommend that the Complaint be DISMISSED WITHOUT PREJUDICE and that Plaintiff be permitted to file an Amended Complaint ON OR BEFORE DECEMBER 1, 2025. Pursuant to Southern District of Florida Magistrate Judge Rule 4(b) and the parties' agreement and in the interest of judicial economy, the parties shall have TWO (2) DAYS from the date of this paperless report within which to file written objections, if any, with presiding U.S. District Judge Aileen M. Cannon. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 11/13/2025. (hrn) |
| Filing 17 PAPERLESS MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Shaniek Mills Maynard: Hearing on Defendant's Motion to Dismiss #5 held on 11/13/2025. Attorney Appearances: Althea Marcia Bryan Farr, Esq. for Plaintiff || Derek H. Sparks, Esq. present for Defendant. Court hears from counsel and discusses each count of operative Complaint. Report and Recommendation to follow. (Zoom Start Time: 2:00 P.M. || Total Time in Court: 1 hr. 16 mins.) (hrn) |
| Filing 16 PAPERLESS ORDER SETTING HEARING ON MOTION TO DISMISS: A hearing on Defendant's Motion to Dismiss #5 shall be held before me via Zoom on Thursday, November 13, 2025, at 2:00 P.M. To join, the parties shall use the Zoom information below. Please log on at least 10 minutes prior to the start time from a secure location and with a secure internet connection. **Please test your device's audio/video settings prior to joining the conference for functionality.** Join ZoomGov Meeting: # Zoom Link Meeting ID: 161 921 4596 Passcode: 185708If the link does not work, paste this link information into your address bar and go: https://www.zoomgov.com/j/1619214596?pwd=ZWgzYUsyRmFqdmdsUnYvdzdaUjVRUT09 If the pending dispute is resolved in whole or in part beforehand, an appropriate notice shall be promptly filed to avoid unnecessary expenditure of judicial resources. Signed by U.S. Magistrate Judge Shaniek M. Maynard on 11/7/2025. (hrn) |
| Filing 15 Defendant's REPLY to #13 Response in Opposition to Motion to Dismiss Plaintiff's Complaint by Wal-Mart Stores East, LP. (Sparks, Derek) |
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Filing 14
PAPERLESS ORDER: Pursuant to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Defendant's Motion to Dismiss #5 is hereby REFERRED to Magistrate Judge Shaniek M. Maynard for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 10/15/2025. (jj02)
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| Filing 13 RESPONSE in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Loise Ogwin. Replies due by 10/21/2025. (Bryan Farr, Althea) |
| Filing 12 STATUS REPORT by Wal-Mart Stores East, LP (Fairbanks, Andrew) |
| Set Deadline per DE 11 Order as to #5 Motion. Response due by 10/12/2025. (kpe) |
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Filing 11
PAPERLESS ORDER granting #8 Plaintiff's Unopposed Motion for Extension of Time to Respond to #5 Defendant's Motion to Dismiss. On or before October 12, 2025, Plaintiff shall file a response to Defendant's Motion to Dismiss #5 . Signed by Judge Aileen M. Cannon on 9/22/2025. (bbk)
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| Filing 10 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Loise Ogwin (Bryan Farr, Althea) |
| Filing 9 Plaintiff's NOTICE OF FILING AGREED ORDER ON PLAINTIFF'S EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT AND SUPPORTING MEMORANDUM OF LAW by Loise Ogwin re #8 First MOTION for Extension of Time to File Response/Reply/Answer Defendant's Motion to Dismiss (Bryan Farr, Althea) Modified Text on 9/22/2025 (cwc). |
| Filing 8 First MOTION for Extension of Time to File Response/Reply/Answer Defendant's Motion to Dismiss by Loise Ogwin. (Bryan Farr, Althea) |
| Filing 7 NOTICE of Attorney Appearance by Althea Marcia Bryan Farr on behalf of Loise Ogwin (Bryan Farr, Althea) |
| Filing 6 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Wal-Mart Stores East, LP (Sparks, Derek) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wal-Mart Stores East, LP. Responses due by 9/22/2025. (Sparks, Derek) |
| Filing 4 NOTICE OF COURT PRACTICES IN REMOVAL CASES ( Removal Status Report due by 9/30/2025.). Signed by Judge Aileen M. Cannon on 9/5/2025. See attached document for full details. (cwc) |
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Filing 3
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 9/2/2025. (bbk)
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| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. 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. (cwc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 405.00 receipt number AFLSDC-18752023, filed by Wal-Mart Stores East, LP. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Complaint, #3 Exhibit B - State Court Docket Sheet/Cover Sheet/Complaint/Filings, #4 Exhibit D - State Court Notice of Removal)(Sparks, Derek) (No Answer/No Motion to Dismiss filed) Modified Text on 9/2/2025 (cwc). |
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| Plaintiff: Loise Ogwin | |
| Represented By: | Althea Marcia Bryan Farr |
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| Defendant: Wal-Mart Stores East, LP | |
| Represented By: | Derek H. Sparks |
| Represented By: | Christine Michelle Manzo |
| Represented By: | Andrew Kent Fairbanks |
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