Wilson v. Publix Supermarkets, Inc. et al
Plaintiff: Philip Andrew Wilson
Defendant: Victim Services, Inc., Palm Beach County State Attorneys' Office and Publix Supermarkets, Inc.
Case Number: 9:2018cv81396
Filed: October 16, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: Dave Lee Brannon
Referring Judge: Donald M Middlebrooks
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2018 Opinion or Order Filing 42 PRETRIAL SCHEDULING ORDERAND ORDER REFERRING CASE TO MEDIATION: ( Jury Trial set for 7/22/2019 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 7/17/2019 01:15 PM before Judge Donald M. Middlebrooks., Amended Pleadings due by 1/7/2019., Discovery due by 4/29/2019., Expert Discovery due by 4/29/2019., Fact Discovery due by 4/29/2019., Joinder of Parties due by 1/7/2019., Dispositive Motions due by 5/20/2019., In Limine Motions due by 5/20/2019., Motions due by 5/20/2019., Pretrial Stipulation due by 6/24/2019.) Signed by Magistrate Judge Dave Lee Brannon on 12/6/2018. See attached document for full details. (pcs) #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.
December 6, 2018 Opinion or Order Filing 41 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT Signed by Magistrate Judge Dave Lee Brannon on 12/6/2018. See attached document for full details. (pcs)
December 6, 2018 Filing 40 Paperless Minute Entry for proceedings held before U.S. Magistrate Judge Dave Lee Brannon: Telephonic Scheduling Conference held on 12/6/2018. Appearances: No appearance on behalf of Plaintiff | Ethan Arthur, Esq. for Defendant Publix; Frances Allegra, Esq. for Defendant Victim Services; and Shane Weaver, Esq. for Defendant Palm Beach County State Attorney's Office. Pretrial and scheduling matters discussed. Scheduling Order and Order of Instructions to Pro Se Litigant to follow. (Total Time in Court: 3 mins. | Digital: 15:19:47) (jrz)
November 30, 2018 Filing 39 Unopposed MOTION to Stay re 38 Order Setting/Cancelling Hearing,,, Expedited by Palm Beach County State Attorneys' Office. Responses due by 12/14/2018 (Attachments: #1 Text of Proposed Order)(Weaver, Shane)
November 30, 2018 Opinion or Order Filing 38 PAPERLESS ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for 12/6/2018 at 3:00 PM in West Palm Beach Division before U.S. Magistrate Judge Dave Lee Brannon. At that time, the parties shall call (888) 808-6929 and enter access code 2036573. Any motions to modify the existing trial date should be filed prior to the telephonic scheduling conference. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)s conference report requirement. The parties must be prepared at their assigned time but may have to wait 10-20 minutes before their conference begins, as the Court sets multiple cases per 30-minute time slot. Signed by Magistrate Judge Dave Lee Brannon on 11/30/2018. (spe)
November 28, 2018 Opinion or Order Filing 37 ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon for Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 7/17/2019 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 7/22/2019 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 11/28/2018. See attached document for full details. (ls)
November 27, 2018 Filing 36 Notice of Adoption by Palm Beach County State Attorneys' Office Related document: #34 RESPONSE to Motion re #24 MOTION to Deny Dismissal MOTION to Expedite . (Weaver, Shane) Modified to correct link on 11/28/2018 (jua).
November 27, 2018 Filing 35 Notice of Adoption by Victim Services, Inc. Related document: #34 Response to Motion filed by Publix Supermarkets, Inc. (Allegra, Frances)
November 27, 2018 Filing 34 RESPONSE to Motion re #24 MOTION to Deny Dismissal MOTION to Expedite filed by Publix Supermarkets, Inc.. Replies due by 12/4/2018. (Arthur, Ethan)
November 20, 2018 Filing 33 REPLY to Response to Motion re #13 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 Victim Services, Inc.. (Allegra, Frances)
November 20, 2018 Filing 32 Defendant's REPLY to #13 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 Victim Services, Inc.. (Allegra, Frances)
November 20, 2018 Filing 31 RESPONSE in Support re #15 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Publix Supermarkets, Inc.. (Arthur, Ethan)
November 19, 2018 Filing 30 REPLY to Response to Motion re #16 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Palm Beach County State Attorneys' Office. (Weaver, Shane)
November 14, 2018 Filing 29 Clerks Notice to Filer re #26 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#28]. It is not necessary to refile this document. (ls)
November 14, 2018 Filing 28 Notice of Adoption/Joining by Victim Services, Inc. Related document: #25 Response in Opposition to Motion filed by Palm Beach County State Attorneys' Office (ls)(See Image at DE #26)
November 14, 2018 Filing 27 Defendant's RESPONSE to #14 MOTION for Summary Judgment by Publix Supermarkets, Inc.. (Attachments: #1 Exhibit)(Arthur, Ethan)
November 14, 2018 Filing 26 NOTICE by Victim Services, Inc. re #25 Response in Opposition to Motion for Summary Judgment (Allegra, Frances)
November 13, 2018 Filing 25 RESPONSE in Opposition re #14 MOTION for Summary Judgment and/or Motion for Default Judgment filed by Palm Beach County State Attorneys' Office. Replies due by 11/20/2018. (Weaver, Shane)
November 13, 2018 Filing 24 MOTION to Deny Dismissal, MOTION to Expedite Ruling by Philip Andrew Wilson. (ls)
November 13, 2018 Filing 23 RESPONSE to Motion re #15 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , #13 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), , #16 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Philip Andrew Wilson. Replies due by 11/20/2018. (ls)
November 13, 2018 Filing 22 Consent by Pro Se Litigant (Non-Prisoner) Philip Andrew Wilson to receive Notices of Electronic Filing at email address: Pisceswilson@yahoo.com (ls)
November 7, 2018 Filing 21 Certificate of Interested Parties/Corporate Disclosure Statement by Victim Services, Inc. identifying Corporate Parent Birch Grove Holdings, Inc., Other Affiliate American Justice Solutions, Inc. for Victim Services, Inc. (Allegra, Frances)
November 7, 2018 Filing 20 NOTICE of Striking #17 Certificate of Interested Parties/Corporate Disclosure Statement filed by Victim Services, Inc. by Victim Services, Inc. (Allegra, Frances)
November 6, 2018 Filing 19 Certificate of Interested Parties/Corporate Disclosure Statement by Publix Supermarkets, Inc. (Arthur, Ethan)
November 5, 2018 Filing 18 Clerks Notice to Filer re #17 Certificate of Interested Parties/Corporate Disclosure Statement. Corporate Parent Not Added; ERROR - The Filer failed to add the Corporate Parent. CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the document using the Certificate of Interested Parties/Corporate Disclosure Statement event and ensure all applicable parties are added. (ls)
November 2, 2018 Filing 17 Certificate of Interested Parties/Corporate Disclosure Statement by Victim Services, Inc. (Allegra, Frances)
October 31, 2018 Filing 16 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Palm Beach County State Attorneys' Office. Responses due by 11/14/2018 (Attachments: #1 Exhibit Pretrial Diversion Agreement, #2 Exhibit Nolle Prosequi)(Weaver, Shane)
October 31, 2018 Filing 15 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Publix Supermarkets, Inc.. Attorney Ethan Alexander Arthur added to party Publix Supermarkets, Inc.(pty:dft). Responses due by 11/14/2018 (Arthur, Ethan)
October 31, 2018 Filing 14 MOTION for Summary Judgment by Default by Philip Andrew Wilson. Responses due by 11/14/2018 (ls)
October 31, 2018 Filing 13 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 Victim Services, Inc.. Responses due by 11/14/2018 (Allegra, Frances)
October 31, 2018 Filing 12 NOTICE of Attorney Appearance by Frances Paula Allegra on behalf of Victim Services, Inc.. Attorney Frances Paula Allegra added to party Victim Services, Inc.(pty:dft). (Allegra, Frances)
October 31, 2018 Filing 11 NOTICE of Attorney Appearance by John Cody German on behalf of Victim Services, Inc.. Attorney John Cody German added to party Victim Services, Inc.(pty:dft). (German, John)
October 25, 2018 Filing 10 NOTICE of Attorney Appearance by Jordan Scott Cohen on behalf of Publix Supermarkets, Inc.. Attorney Jordan Scott Cohen added to party Publix Supermarkets, Inc.(pty:dft). (Cohen, Jordan)
October 24, 2018 Opinion or Order Filing 9 PAPERLESS ORDER granting #8 Unopposed Motion for Extension of Time. The deadline for Defendants Publix Supermarkets, Inc., Victim Services, Inc., and Office of the State Attorney, 15th Judicial Circuit to respond to Plaintiff's Complaint (DE #1 ) is extended to October 31, 2018. Signed by Judge Donald M. Middlebrooks on 10/24/2018. (kal)
October 23, 2018 Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), Complaint by Palm Beach County State Attorneys' Office. (Attachments: #1 Text of Proposed Order)(Weaver, Shane)
October 18, 2018 Filing 7 Clerks Notice to Filer re: Civil Cover Sheet. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (ls)
October 17, 2018 Filing 6 NOTICE by Palm Beach County State Attorneys' Office of Filing Civil Cover Sheet (Weaver, Shane)
October 17, 2018 Filing 5 Clerks Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (ls)
October 17, 2018 Filing 4 Clerks 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. (ls)
October 17, 2018 Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (ls)
October 16, 2018 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (ls)
October 16, 2018 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT) Filing fee $ 400.00 receipt number 113C-11080637, filed by Palm Beach County State Attorneys' Office. (Attachments: #1 Exhibit Ex. A - State Court Pleadings, Process and Orders)(Weaver, Shane) Modified on 10/17/2018 (ls). [No Answer nor Motion to Dismiss Filed]

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Defendant: Victim Services, Inc.
Represented By: Frances Paula Allegra
Represented By: John Cody German
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Defendant: Palm Beach County State Attorneys' Office
Represented By: Shane Weaver
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Defendant: Publix Supermarkets, Inc.
Represented By: Jason A. Glusman
Represented By: Ethan Alexander Arthur
Represented By: Jordan Scott Cohen
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Plaintiff: Philip Andrew Wilson
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